DV Journal

Two Republican state representatives filed an amicus brief to oppose the city of Chester’s bid to sell Chester Water Authority to Aqua PA.

The case is expected to be heard by the state Supreme Court on Nov. 30.

“Act 73 of 2012 abolished Chester city’s control over the CWA board. It is outrageous to suggest that years later, the city can override the clear intent of the Legislature, take control of CWA and sell it to the highest bidder.  I am grateful that the Supreme Court has agreed to review this matter, and I will continue to fight to prevent any takeover of Chester Water Authority,” said Rep. John Lawrence (R-West Grove).

Lawrence, whose constituents in Chester and Delaware counties are served by CWA filed the brief with House Speaker Bryan Cutler (R-Lancaster).

“The CWA board has steadfastly and responsibly served the hundreds of thousands of customers who rely on this municipally provided service,” Cutler said. “The Commonwealth Court’s ruling undermines the board’s rightful position to continue to recognize the best interest of its customers and sets a dangerous precedent for all water consumers in the Commonwealth. We strongly urge the Pennsylvania Supreme Court to take a closer look at this case.”

Previously, CWA rejected an unsolicited $320 million takeover offer in 2017. Subsequent lawsuits focused on whether the CWA Board or the city of Chester has the ultimate authority to approve a sale of the water authority. A Delaware County court decided in favor of CWA, but on appeal t the Commonwealth Court reversed the lower court’s ruling.

Founded in 1939, Chester Water Authority serves over 200,000 customers in Chester and Delaware counties. In addition to water treatment facilities, the authority owns and operates the Octoraro Reservoir, and water pipelines connecting the reservoir with the Susquehanna River and facilities in the city of Chester.

A spokesperson for Aqua, which made a $410 million bid for the system, declined to comment since the matter is in litigation.

Aqua and other privately owned corporations have been buying area water and sewer systems after a law signed in 2016 permitted them to pay “fair market value” for those public utilities.  However, residents have been organizing to fight back against these acquisitions, fearing higher rates. They have had some success, notably garnering public support to pressure the Bucks County Commissioners to oppose a planned deal for Aqua to buy the Bucks County Water & Sewer Authority for $1.1 billion.

In the brief, the lawmakers noted that the takeover jeopardizes the reservoir, which Cutler’s constituents enjoy.

The representatives argue in their brief that the City of Chester does not have the right to decide on the sale without the consent of Delaware and Chester counties, which are also represented on the CWA board.

Frank Catania, a lawyer for CWA, said the CWA board members terms are up in November. The Chester County commissioners reappointed two board members on Wednesday, Noel Brandon and Leonard Rivera, along with Erik Walschburger, deputy county administrator as a new board member.

On Thursday, the CWA board will hold a special meeting to discuss whether to join the U.S. Water Alliance and its One Water Program. That group promotes sustainable fresh water and holistic water management, according to its website.

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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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