DV Journal

State Sen. John Kane (D-Chester/Delaware) joined a telephone public hearing Thursday to share his views on the proposed $276.5 million deal for Aqua PA to buy DELCORA. He opposed the plan and, if Thursday’s hearing is any indication, he is far from alone.

“I’m here today to relay a message delivered to me loudly and clearly. The people in the 9th District as a whole do not support the private takeover of public utilities,” he said, noting that goes for Republicans, Democrats, and independents. “All agree public utilities belong in public hands.”

Kane said people believe Aqua will increase their sewer and water bills.

“This would be a slap in the face to the people of Delaware County,” said Kane.

During Thursday’s hearing, person after person urged Administrative Law Judge F. Joseph Brady to say no to the proposed sale of DELCORA (Delaware County Regional Water Control Authority). The proposal, which extends back to the previous GOP-controlled Delaware County Council and had been rejected by the current Democratic majority, has been at the center of political controversy from the beginning.

Citizens and ratepayers had their chance to speak, and they were nearly universally in opposition.

Swarthmore resident Christopher DeBruyn said he has studied the issue in depth.

“I’m protesting as a private citizen,” said DeBruyn. “The sale is “strongly against the long-term interests of DELCORA ratepayers.” But “massive rate increases are coming no matter who owns the system,” he said.

Ross Schmucki, also of Swarthmore, a former councilman who chaired the public works committee, said he had read the trust document. Newspaper articles about it were “misleading,” he said.

He noted that a trust Aqua had offered to set up would be based in Delaware and the $200 million that would be put into the trust would flow to Aqua itself, not to customers to defray rate hikes as promised.

“That $200 million is no substitute for full rate stabilization,” he said. “The trust by its terms says it will be non-responsive to anybody (according to the) memorandum of understanding.”

Cynthia Ziegler of Downingtown said she is already an Aqua customer, and her rates are much higher than promised.

“Whenever Aqua purchases a place, our rates go up,” she said. “I, too, am opposed to their purchase of DELCORA…This is so unfair and obscene. We’ve been paying these rate increases for years.”

“The sale does not promote the public good,” said Peter Mrozinski of Landenberg. The towns of New Garden, Willistown, and East Whiteland sold their public sewer systems to Aqua with the PUC’s approval even though an administrative law judge recommended against it, he said. New Garden saw an 80 percent increase in sewer rates. The PUC members ruled for the sale because they believe the state legislature favored consolidation, Mrozinski said. But DECORA is already a regional authority with 500,000 customers serving 46 municipalities.

“A monopoly is never in the public interest,” he said.

Vijay Kapoor, a representative of the City of Chester Receiver, tried to testify to tell Brady that Chester was not in bankruptcy, but Brady said that he was taking testimony from individual customers, not government entities. He suggested that Kapoor file a motion.

Stephani Perez, a Chester resident, said, “I am protesting. I am against Aqua.”

“It would be a great hardship to the residents of Chester. If the rates continue to go up, we won’t be able to afford water…Many residents will be pushed out of the city if they can’t afford the water.”

Kearni Warren, who ran as a Green Party candidate for Chester city council, was also opposed to the sale.

“Put people over profits,” she said. Aqua is also trying to buy the Chester Water Authority, she added. “I feel their actions are based on greed. A public bidding process wasn’t held.” She said that she had received a “deceptive” mailing from Aqua.

Radnor resident George Badey, a lawyer, also opposed the DELCORA sale.

He noted he is a DELCORA customer but through a municipal system. And any promised rate savings would not necessarily go to the residents but might be used by municipalities for other needs.

“I strongly oppose the sale,” said Badey. “It’s not fair to ratepayers.”

Judge Brady said he expects to give a recommendation to the PUC in late April or early May 2023.

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Testimony before the House Select Committee investigating crime in Philadelphia turned away from personal stories and toward data and policy Friday. It was a sharp contrast with Thursday’s emotional stories from families who lost loved ones to homicide.

Witnesses linked the city’s decrease in firearms convictions since 2018 with progressive District Attorney Larry Krasner’s decision to withdraw his office from the Pennsylvania District Attorney’s Association that same year.

Mark Bergstrom, executive director of the Pennsylvania Commission on Sentencing, presented the data-rich Comprehensive Study of Violations of Pennsylvania’s Uniform Firearms Act (VUFA). From 2015 to 2020, the study examined arrests and convictions over firearms charges, misdemeanor, and felony charges, with or without additional violence charges.

Bergstrom noted that unlike the other 66 counties in Pennsylvania, all charges in Philadelphia must be approved by the district attorney’s office. As the state’s lone first-class county, it is responsible for over a third of all VUFA dockets. More than half of those are co-charged with violent offenses. The number of VUFA dockets filed, especially those with first or second-degree felony charges, has risen since Krasner took office in 2018. The downward trend from 2015 to 2017 of violent offenses accompanying VUFA dockets reversed from 2018 to 2020.

While the study found statewide guilty verdicts have dropped in the timeframe, the sharpest decline in rates appears to be from Philadelphia. Krasner’s office has seen conviction rates on VUFA charges with first or second-degree felony drop from 88 percent convicted in 2015 to 69 percent in 2019 and 64 percent in 2020. Overall, the VUFA conviction rate in the city is 77 percent in the timeframe studied, trailing the statewide average of 83 percent.

The increase in cases dismissed or withdrawn by prosecutors has been driving down the conviction rate in Philadelphia. The city’s acquittal rates and been rejected by the district attorney’s office, which covers cases withdrawn after the initial filing, are higher than the state averages. The “nolle pros” dispositions rate has jumped from 7 percent in 2015 to 21 percent in 2020.

In reviewing sentences, Bergstrom’s data refuted some of Krasner’s previous claims of securing longer prison terms.

Krasner’s office has secured a lower rate of  VUFA sentences that fall within the state’s sentencing guidelines (28 percent) than statewide (43 percent). Philadelphia also saw more cases fall below the sentencing guidelines (34 percent) than statewide (25 percent). However, Philadelphia saw 5 percent of cases each at the aggravated and Above levels, each above the statewide levels.

Bergstrom described the pattern as “extreme on both ends.” Philadelphia also has higher recidivism rates for VUFA charges within three years.

Bergstrom noted the laws are not consistently enforced across counties at times. “The use of the laws can be spotty,” he said, referring to one VUFA that wasn’t being charged when available or dropped as part of plea bargains.

“Before we start thinking about changing the law, let’s make sure we use it with fidelity, when possible, and make sure it’s not being negotiated away,” he said.

Greg Rowe, executive director of the Pennsylvania District Attorneys Association, called Krasner’s decision to pull Philadelphia from the organization “unusual.”

“At the time, the DA told the media that our policies that we support were too punitive and too focused on incarceration. We would obviously disagree on that.”

Rep. Martina White (R-Philadelphia) was pleased with the conduct of the hearing.

“Today was more about the facts. [Bergstrom’s testimony] was very valuable because it provided us intimate details as to the process of the violation of our Uniform Firearms Act,” White said. “What I learned is Philadelphia has three times more gun crime cases that are being withdrawn than anywhere else in the state, and it looks like those types of cases, the offenders, the criminals, are more likely to re-offend.”

The committee has not announced further public hearings.

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“Krasner’s office has failed us.”

That was the testimony of Karen McConnell on the first day of the House Select Committee on Restoring Law and Order hearing at the Philadelphia Navy Yard Thursday. While the topic was the crime crisis, the target was progressive District Attorney Larry Krasner.

McConnell lost her granddaughter, Jailene Holton, in June after a man fired 15 shots into the Philly Bar and Restaurant in Northeast Philadelphia. She blamed the district attorney for “pacifying these criminals” who, because of his policies, evaded punishment on prior charges. McConnell was one of several family members of homicide victims who shared their stories with state representatives conducting the hearing.

Krasner and his allies dismissed the bipartisan committee’s investigation as a political stunt. Krasner allies mocked the proceedings by staging a fake “circus” outside, complete with jugglers and clowns. Republicans were outraged.

“This is the kind of respect the supporters of DA Krasner believe victims of violent crime and their families testifying today deserve,” said House GOP spokesperson Jason Gottesman. “This is grotesque and shameful. As tears are shed in today’s hearing over loss of life, Krasner’s supporters are throwing a party. Sickening.”

Supporters of Larry Krasner stage a mock “circus” to protest the House Select Committee Hearing on Restoring Law and Order.

And though the testimony was sometimes emotional, in the committee hearing there were few political fireworks. Rep. John Lawrence (R-West Grove) kept the hearing civil and focused on the testimony. “If you’re expecting simple-minded mudslinging, you will be disappointed.”

In his opening statement, Lawrence avoided rhetoric and instead told how his parents met in the city, attended Temple University, and eventually started a family.

“I would not be here without the story of Philadelphia,” he said. He added, “It would be a dereliction of duty if we did not take action,” and then laid an account of the rising crime and environment of lawlessness on the city’s streets.

“The increase in crime has led to a decline in the quality of life in the city, the regional impact to surrounding areas, and, of course, lifetimes of pain for those who have lost a family member to senseless criminal activity,” said Lawrence.

The four-member committee heard more than an hour of testimony from crime victims and family members of those who lost their lives to criminals. They testified about being discouraged by the slow pace of justice in their cases. Some claimed they did their own investigative work to find information overlooked by police. Others lamented poor communication from city prosecutors assigned to their cases. Longtime residents said their neighborhoods are overrun by emboldened criminals, pointing to suspects who either were arrested and released or had their charges dismissed. Either way, they said, the bad guys were back on the street.

And they blamed Krasner.

Nakisha Billa, who lost her son Domonic in March 2021 in a shooting at the Franklin Mills Mall, said the information provided by the CARES program was not helpful and she had to track down city victims’ services herself. Her testimony echoed a familiar refrain from victims’ families that the District Attorney’s office under Krasner has not put enough resources or attention to those families, she insisted that her testimony was without political motive or invective.

In an exchange with Rep. Amen Brown (D-Philadelphia), Billa said she wanted to leave the city, despite having lived here all her life and Philadelphia still being home to her family and support system.

A particularly poignant moment came when Brown shared a conversation he had with a 100-year-old constituent who wanted him to clean up her block in West Philadelphia. For years she spent part of her day sitting on her porch but said fear of crime had now driven her indoors. “She told me, ‘I want to do it one more time before I pass,'” Brown said.

Rep. Martina White (R-Philadelphia), the city’s former GOP chair, shared her frustration with the lack of results and her compassion for the city’s victims of crime.

“Larry Krasner has denied these victims a voice,” she said. “He has tipped those scales of justice in favor of the criminals. It’s out of control and we have to do more about it. I’m really grateful that Harrisburg and specifically the members of this committee have come to Philadelphia to learn about what is happening here, firsthand.”

Questioned by a reporter about why Krasner had not been called as a witness, White said, “That is up to the committee. The D.A. has already been extremely disrespectful to the process. He’s ignored subpoenas and was held in contempt out in Harrisburg by a bipartisan majority in the House. It is really time that he pays attention to what the people of Philadelphia want. They want criminals held accountable and they want it to start now. We’re tired of waiting. We need safety and security on our streets.”

As of Wednesday, the city has 401 homicides in 2022 while carjacking eclipsed 1,000 for the first time in history.  And though gun possession arrests have drastically increased recently, conviction rates — the share of cases prosecuted by the district attorney’s office that result in a conviction — for gun possession declined. Between 2015 and 2020, the share of illegal gun possession cases resulting in conviction fell from 65 percent to 42 percent, according to the city controller.

Billa compared the constant reporting on crime statistics to coverage of the score during a basketball game. “Only this is not a game, and I’m tired of losing.”

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The state Senate Transportation Committee recently met at the SEPTA headquarters in Philadelphia to study its challenges up close and personal.

“It doesn’t take much for you to see firsthand when you come to visit Southeast Pennsylvania, how important SEPTA is,” said Jenny Louwerse, Deputy Secretary for Multimodal Transportation at PennDOT. It’s also not difficult to see first-hand the problems that are putting so much stress on the system.

“Violent crime, COVID-19 impacts, homelessness, illegal drug use, mental illness, and just an overall indecency for humankind are destabilizing the sustainability and future of the nation’s sixth largest mass transit system. We must not allow this to continue to plague our commonwealth,” said state Sen. Wayne Langerholc (R-Bedford/Cambria/Clearfield).

Serving both downtown Philadelphia and the surrounding suburbs, fixing SEPTA is a bipartisan concern.

“[Our region produces] 42 percent of the economic activity with 32 percent of our population in the commonwealth and only 5 percent of the land. This dense region cannot function without high capacity mass transit,” Louwerse said.

Safety and cleanliness top the riding public’s concerns. Since the COVID-19 outbreak, ridership has plunged. Now over two years into this pandemic, the number of riders using transit is only 53 percent of what it was prior to the outbreak. The regional rail lines have only reached 44 percent of their pre-pandemic levels.

Declining riders means lost revenue, and that is particularly problematic for a system that already relies heavily on taxpayer subsidies.

Currently, 49 percent of SEPTA’s operating budget comes from state taxpayers—almost double the average among transit systems nationally. In addition, 60 percent of SEPTA’s capital budget (i.e., funding for infrastructure improvement and new trains and buses) comes from the state.

Most of that funding does not come directly from taxes—though both the sales tax and lottery revenue subsidize transit systems. Rather, more than $925 million in driver charges, including turnpike tolls and vehicle fees, are diverted to transit agencies, primarily SEPTA, according to the Commonwealth Foundation, a free market think tank.

 Compounding the ridership issue is the fear of crime that many residents have. With Philadelphia now leading the nation in crime, the issue has likely had a “trickle-down” effect on SEPTA, one resident pointed out.

Several recent incidents that drew national attention have not helped, including rapes and attacks by groups of teenagers on Asian students riding home from school on the subway.

To make matters worse, the number of officers policing SEPTA has been reduced dramatically in recent years.

“SEPTA’s police department is budgeted for 260 sworn officers, but as I see here right now our police department outreach was fewer than 160 patrol officers,” explained Omari Bervine, president and CEO of the Fraternal Order of Transit Police Lodge 109. 

 SEPTA has struggled to employ enough transit officers in recent years, in large part because of lack of benefits and protections offered. Transit workers have been among the demographics most heavily impacted by the pandemic.

“As long as SEPTA is permitted to treat its transit police officers in this manner, it will continue to lose talented officers to the departments that treat them fairly and with the dignity they deserve,” continued Bervine. Many residents fear that opens the door for crime. Even with the strained relations between police and citizens recently, many riders feel the availability of transit police is critical to their safety.

SEPTA is trying to address those concerns.

“We have a commitment to safety that is unwavering and we have increased spending in this year’s budget by 50 percent…. That is a total of $53 million dollars that will be spent on safety and security this year,” Louwerse said.

“If we can not convince the public that their system is safe then the entire system is doomed to fail,” Bervine said.