Archive for the ‘Convention Center Series’ Category

Lancaster Post series about the hotel and convention center project

Posted on January 25th, 2010

Lancaster Post series about the hotel and convention center project

NewsLanc’s Convention Center series is on hold due to constraints on various parties from the Molly Henderson vs. Lancaster Newspapers and Art Morris litigation.

Those impatient to learn more about what occurred beyond the last installment of our series may wish to visit the www.LancasterFirst.org collection under the heading “Lancaster Post series about the hotel and convention center project.”

According to their web site:

“ ‘A View From Downtown’ was a regular column which appeared in the Lancaster Post, written by a lifelong Lancaster City resident. These articles covered information and perspective about issues which affect life in downtown Lancaster, including the hotel and convention center project.

“Because many of these articles included so much important information, with the permission of the author we are re-posting the Lancaster Post series of articles about the hotel and convention center project here.”

Please click on each title to read the article.

Taxpayer Tragedy
Originally published April 18, 2008

Stealth Funding
Originally published May 2, 2008

Why bother?
Originally published June 6, 2008

Can’t see the forest for the trees
Originally published June 20, 2008

The ties that bind
Originally published July 11, 2008

Funny money (part one)
Originally published August 1, 2008

Funny money (part two)
Originally published August 8, 2008

Who do they serve? (part one)
Originally published August 22, 2008

Who do they serve? (part two)
Originally published September 5, 2008

Historic Preservation prevails
Originally published September 12, 2008

Risk
Originally published September 26, 2008

Rubber stamp
Originally published October 17, 2008

Mutation
Scheduled to be published on October 24, 2008, but was not due to lack of space.


updated July 6, 2009

For ideas or feedback about this site, please contactt: Idea(AT)LancasterFirst.org

Convention Center series awaits libel trial; Summary through 2006

Posted on January 4th, 2010

Convention Center series awaits libel trial; Summary through 2006

Due to ongoing litigation whereby former Commissioner Molly Henderson is suing Lancaster Newspapers, Inc. and Arthur Morris for liable, NewsLanc finds this an inopportune time to research the Convention Center Series. Many of the major participants have or will soon give depositions and are not at liberty to discuss matters.

Should the case go to trial, it will provide a unique window onto what took place behind the scenes. NewsLanc plans to cover the trial in its entirety.

The report below prepared in the spring of 2006 by NewsLanc reporter Christiaan Hart-Nibbrig summarizes happenings during prior years and partially covers the period in the fall of 2004, described by the 31st article in the series, and continues to the outset of 2006.

The Convention Center series is a work in process. NewsLanc modifies and expands past articles as pertinent information is revealed. Upon completion, the articles will be edited into book form.  Whether the supporters or detractors were correct in their forecasts will not be apparent for at least a couple of years. Until then, an updated electronic draft version will need to suffice.

Convention Center Fight Splits Historic County

May 2006 by Christiaan Hart-Nibbrig

The region’s most powerful politician, a twenty-year State Senator is publicly rebuked by lawmakers of his own party. Two County Commissioners, a Democrat and Republican, ally to oppose a hotel/convention center project owned in part by the County’s monopoly newspapers, and become targets of near-daily front-page headlines. Before a spade of dirt is turned, a lobbyist/law firm bills the Convention Center Authority more than six million dollars, paid and rubber-stamped without disclosure of itemized bills. The same public authority has also approved another twelve million taxpayer dollars in questionable spending. Citizens march, write letters, blog, and charge conflict of interest, corruption, and malfeasance of public figures. The lawyers, consultants and bare majority of four of seven authority members bull ahead without answering questions. The closest thing to an answer to a question at an Authority board meeting is when the Chairman of Authority throws a pie at a taxpayer asking questions.

Newark? Baltimore? Pittsburgh? No. Welcome to Lancaster County, Pennsylvania.

The harmony of the county (pop. 500,000) in south central Pennsylvania has been shattered recently over a proposed $145 million hotel and convention center sited for the heart of historic downtown Lancaster city.

The project depends upon more than $34 million dollars in grants from the State, $76 million more in City and County taxpayer bond guarantees, and three million dollars a year in public subsidy.

And nobody believes it will stop there.

A public authority that has spent millions and millions of dollars on “consultants” for “professional services” even before ground has been broke administers the project. When the public (or Convention Center Authority board members) raise questions about how the project is being run, they are ignored or insulted by the board’s imperious chairman.

The dispute has turned into a civic battle royale, which threatens not only political careers, but also the long-term goodwill among its citizens, and potentially impacts the economic health of the entire region for years to come.

The fissures run deep, splintering both parties, and pits the area’s richest and most powerful business forces against a vocal, countywide grassroots opposition that includes several elected officials. In the process, the fight has turned some friends into foes, and citizens into crusaders for and against the project.

A loose, non-formally aligned band of City and County residents has been fighting the major political and economic powers behind the project. The controversy reaches all the way to Harrisburg, where the eight-year battle may soon be brought to a climax, to be settled by the Commonwealth’s vulnerable governor, Edward G. Rendell.

When the idea of a convention center for the city of Lancaster was first introduced, Ronald Reagan was President. In April 1986, Mayor Arthur E. Morris announced a committee would explore whether the city could support such a project.

The tentative idea for the center was not particularly grand. “I don’t envision a big place seating 10,000 people,” Morris said. No location for the project had been determined at that time.

When no private party stepped forward to finance a convention center in Lancaster, the idea lay dormant for several years.

In 1998, a report conducted by LDR International dubbed “The Winterbottom Report”, after Bert Winterbottom the lead LDR consultant, and as part of an overall study of downtown Lancaster, proposed a “small, state-of-the-art conference center of approximately 40,000-50,000 square feet” to be located in the east side of Lancaster Square of North Prince Street. The total cost was estimated to be little more than seven million dollars.

In the same year, a group of self-appointed business executives called “The Lancaster Campaign” formed a “Convention Center Task Force.” Ignoring recommendations of the Winterbottom study, in 1999 the Lancaster Campaign proposed building a 61,000 square foot convention center, to be built next to a 281-room hotel incorporating an existing landmark department store building, which had been abandoned. The site would include street-level retail shops, and a parking garage.

The hotel was to be built with $45 million in private investment; the $30 million convention center planned to use a $15 million State grant, along with a $15 million bond to be guaranteed by a tax placed on guests staying in local hotels.

It was at this time that Charlie Smithgall, a pharmacist with deep roots in the city, got himself elected mayor.

One of the very first things Smithgall did in office was kill plans of a private owner to sell that downtown department store building to a local community college.

The abandoned building in question is no ordinary building. Built in 1875, the four-story, 200,000 square foot Watt & Shand Department Store building was designed by eminent local architect, C. Emlen Urban, and is listed on the National Register of Historic Places for its outstanding 19th century Beaux-Arts architectural design. With its ornate façade and towering columns, the Watt & Shand enjoyed its place of prominence on the town square for more than a century.

It is also located in the same block as the former residence and business of Thaddeus Stevens (1792-1868), the great 19th century congressman. Stevens is credited as the principal author of and primary force behind ratification of the 14th and 15th Amendments to the U.S. Constitution, as well as the Reconstruction Act. He is also considered the father of free public education in Pennsylvania. The Stevens property is thought by archaeologists to be a likely site of an Underground Railroad stopover. The Stevens home will abut the proposed convention center, and much of it and adjacent properties is scheduled to be demolished.

The Pennsylvania Historical and Museum Commission, the state’s Bureau of Historic Preservation sharply criticized plans for the project and wrote, in part:

“Given the extent of development and demolition, the project as proposed does not meet the Secretary of the Interior’s Standards for Rehabilitation & Guidelines for Rehabilitating Historic Buildings and therefore will adversely affect the Lancaster Historic District…”

The Watt & Shand operated as a department store until 1995, when it was purchased by the Bon Ton Company. The Bon-Ton only kept the store open for three years before closing it for good.

At the time Smithgall was elected, the Bon-Ton Company was negotiating sale of building to Harrisburg Area Community College (HACC), which intended to establish a satellite campus in Lancaster. Smithgall objected to the sale, he said, because he did not want the building taken off city tax rolls.

The Watt & Shand takes up most of a historic city block just off Penn Square, smack in the middle of what is called “center city”. The impressive, still-handsome edifice stood vacant and boarded up, a hulking, empty reminder of past better days.

After killing the HACC acquisition, Smithgall first tried to persuade Bon-Ton to donate the building to the city. When Bon-Ton declined, Smithgall brokered the sale of the Watt & Shand between Bon-Ton and a newly formed limited business partnership called Penn Square Partners (PSP).

Penn Square Partners is an alliance of three of the most powerful and prominent institutions in Lancaster County: High Industries; Fulton Financial Corp.; and Lancaster Newspapers, Inc.

High Industries is the region’s largest industrialist; Fulton its leading bank; and Lancaster Newspapers the monopoly of the print press since 1794.

In February 1998, Penn Square Partners purchased the Watt & Shand building from the Bon-Ton for $1.25 million. S. Dale High, President and CEO of High Industries, said the partnership intended the building to combine retail and residential uses.

“We see it as a mixed-use building,” High was quoted in the newspaper after the purchase announcement.

The three-member board of county commissioners arranged an annual subsidy for the hotel/convent center by enacting a Hotel Room Tax, guaranteed a $40 million Convention Center bond, and created the Lancaster County Convention Center Authority, a seven-member civilian board jointly chosen by the city and county, to administer the project.

With unconcealed enthusiasm, the Lancaster Newspapers trumpeted the project. “Penn Square Complex is hailed as ‘Everything the City Needs’” blared the five-column banner headline of the Lancaster New Era August 26, 1999. Officials in city and county government and a large segment of the city population supported the proposed “luxury” hotel and 61,000 square foot convention center.

The price tag: $75 million.

This was to be the “magic bullet” that was to successfully “revitalize” Lancaster city’s ailing economy, which like many urban areas had been languishing for years.

The well-orchestrated media fanfare played very well locally. A large public meeting at the City Council chambers gave Ernst & Young, a hospitality industry consultant, State Senator Gibson Armstrong, Mayor Charlie Smithgall, and a host of former mayors an opportunity to endorse the project. The praise was effusive.

Mayor Smithgall: “This is a change to bring back the lifeblood of the city and I hope everybody supports it.”

Former Mayor Arthur Morris: “This project has my full support.”

Former Mayor Richard Scott (R): “I think this is exactly the right thing for the community… This is everything the city needs.”

State Senator Gibson Armstrong: “This is the best opportunity we’ve had in 20 years. This is the best opportunity we will have in the next 20 years. Timing is everything, and the time is now.”

At the first meeting of the newly formed Lancaster County Convention Center Authority (LCCCA), the board unanimously appointed the Reading, PA-based law firm of Stevens & Lee as its counsel of record. As it happened, Stephens & Lee also represented the Lancaster County Commissioners and High Industries, as its registered lobbyist in Harrisburg. The firm was also intimately involved in drafting the Convention Center legislation in Harrisburg.

Almost immediately, county hotel owners sued to stop the project, basing their case on the Convention Center Act of 1994, which disallowed building a publicly financed convention center if there were other comparable venues within a radius of 10 miles. There are two such existing facilities in Lancaster County.

Senator Armstrong, a Republican and fervent supporter of the project, amended the law, making it necessary that only a ‘publicly owned’ convention center be within that distance. This allowed the publicly financed hotel/convention center to circumvent the law. The amendment rendered the hoteliers’ claim invalid. This suite was thrown out/lost in August 2003.

Litigation costs: hoteliers $800,000; Convention Center Authority: $3,500,000

This would not be the last time Armstrong tried to customize the law to benefit the project.

Sometime during 2002 and 2003, the project begins to change. First, Penn Square Partners persuaded the Convention Center Authority to pay for all of the “shared space”. Then, Penn Square Partners persuaded the Authority to use Interstate Hotels, Inc., to manage to the proposed hotel and the convention center.

More of the Watt & Shand building was now to be demolished, along with a greater portion of the Stevens/Smith compound. And the convention center grew to 80,000 square feet.

In April 2003, the architects are asked to redesign the project to “reduce construction budget costs both for LCCCA and PSP.” This seems to be the point where the project began mutating into its current, much larger, incarnation.

After years of insisting there would be no public risk, in October of 2003, project supporters sought an immediate guarantee of the proposed $40 million in Convention Center bonds. With a few weeks’ notice, two ‘lame duck’ Commissioners approved the $40 million guarantee, and the Convention Center Authority immediately borrowed the money, despite the fact that it would be unneeded for years.

The radical change in size and scope of the project began in earnest in 2004 when Penn Square Partners began demanding more and more public financing for its “private” hotel. PSP’s demands for an increasing amount of taxpayer dollars nearly came unraveled in early 2005, when both the School District of Lancaster and the County Commissioners refused PSP’s demands for tax abatement over 20 years. PSP’s promises for payments in lieu of taxes were contingent on the hotel generation a certain amount of profit. At this point, Nevin Cooley of PSP declared the project dead.

Mayor Charlie Smithgall, State Sen. Gibson Armstrong, and State Rep. Mike Sturla “rescued” the project with a convoluted plan for a Lancaster city authority to construct and own the hotel building.

If there was a pivotal moment when public sentiment changed it was at a meeting of the School Board of Lancaster meeting when Penn Square Partners spokesman (now President) Nevin B. Cooley stood and faced the crowd and tried to persuade the audience that the Tax Increment Financing- (“TIF”) plan- PSP was proposing would eventually benefit of the schools and the city because the convention center would be so profitable. “This is the only hope the city has,” Cooley said to the crowd.

It was this meeting- and the attitude of the Partners- that sparked widespread citizen opposition, which has been led, in part, by a 50 year-old, single mother named April.

April Koppenhaver is a fast-talking, hyperkinetic Lancaster city businesswoman and force of nature who could not let this project go unchallenged.

“I was indifferent about the project until I learned that the financing had changed, that the public was now on the hook for most of the investment,” Koppenhaver says. “And when I heard Nevin Cooley stand up at the school board meeting and tell us this was our one and only hope, well… that really boiled my skin. He doesn’t live here. He doesn’t see the problems with putting a huge hotel and convention center in the middle of this particular city. He doesn’t see how this will hurt other good things starting to happen downtown. If he wants to put up a hotel and convention center that won’t work, fine, but don’t expect the public to pay for his bad idea.”

Up to this point, Koppenhaver was not actively involved in opposing the project. She immediately began to attend all the authority, city council, and county commissioners meetings she could fit into her schedule, and some she couldn’t. Soon she was speaking out at them. Then she sued. Koppenhaver started a loose-knit band of citizens to get information out about the project, Lancaster First. This group stays in touch about the issue via email distribution. They show up at meetings and in public spaces letting the community know their side of the issue.

The unwillingness of the Penn Square Partners to provide answers to questions about the project—some required to be answered by State Law—awakened serious concerns in two of the three County Commissioners, Republican Dick Shellenberger and Democrat Molly Henderson.

Shellenberger and Henderson are a political odd couple. Shellenberger comes from the most conservative wing of a conservative Lancaster County Republican Party. He is a former farmer and restaurant owner, whose wife has been a key member of the “kitchen cabinet” of U.S. Representative Joe Pitts. Henderson, the former Head of Public Health for the City is a former college teacher, holding a doctorate in education. Henderson’s lawyer-husband chairs one of the largest local municipal authorities, and is a former President of the Economic Development Company of Lancaster.

Also elected to the three-person board in 2003, was second-term Commissioner Pete Shaub, who supported the convention center project—although he voted against the “midnight” 2003 bond guarantee.

Coming from opposite ends of the political spectrum, Shellenberger and Henderson came to believe that the convention center project was poorly conceived, executed for benefit of lawyers and consultants, and designed to be on permanent and increasing governmental life support. Both were deeply concerned by the rising cost and expanding scope of the project, and the rubber-stamp spending of the authority board, especially as it became apparent that no independent feasibility study had been performed, contrary to the promoter’s claims.

On the issue of the convention center, Chairman Shellenberger split party ranks with Shaub (a rarity in GOP dominated Lancaster County) as well as the City’s Republican Mayor Smithgall and powerful State Senator Armstrong. Henderson broke party ranks with the only elected Democratic State Representative from Lancaster County, Mike Sturla. Shellenberger and Henderson started taking measures at the county level to see that the project was not railroaded without check.

The fallout from this alliance was swift and not to be anticipated, and only Henderson’s and Shellenberger’s personal resolve and strength that has allowed them politically and psychologically to survive the almost continuous scathing criticism from the Lancaster Intelligencer Journal, the Lancaster New Era and the Lancaster Sunday News, all of which are owned by Lancaster Newspapers, Inc., one of the three major investors in the proposed Marriott Hotel.

Lancaster Newspapers, Inc. has been publishing continuously longer than any paper in the United States (including the NY Post, which erroneously makes the claim). Since 1794, the Intelligencer Journal has been the paper of record in Lancaster. In 1877 and 1923 respectively, the Lancaster New Era and the Sunday News were added to the Steinman newspaper group. These papers dominate and are unchallenged in Lancaster County, where it also publishes local papers in other county communities, as well as the area’s only Spanish-language newspaper, La Voz Hispana.

The Intelligencer Journal, Lancaster New Era, and Sunday News all went after Henderson and Shellenberger with viciousness and persistence that stunned the community.

Sample headlines from ‘news’ articles: “Shaub Accuses Henderson of Attempting to Kill Hotel Project”; “Project Foes Bash Center/Hotel”; “Critics Hammer Penn Square Project.”

Despite the relentless, often daily attacks, the two Commissioners were able to slow the momentum of the project with board motions, and raise important questions that couldn’t be easily dismissed or ignored given the stature and power of the Commissioner’s office.

The Board of Commissioners (without Shaub’s vote) engaged the pre-eminent hospitality consultant, PKF Consultants, to conduct the first ever genuine feasibility study on the project. A private citizen pledged $65,000 of the $115,000 study. The study will be available by the end of April 2006.

An earlier study by PricewaterhouseCoopers was asked to be withdrawn by the consulting firm because the size and scope of the project had changed so dramatically as to render the original market study non-applicable.

It became clear that the newspaper attacks—often personally insulting and factually incorrect (one New Era editorial called Shellenberger the “agent of death”)—were not coercing Henderson and Shellenberger to drop their opposition to and questions about the convention center. So the Lancaster Newspapers’ coverage shifted to another issue—the claims of mishandling the sale of the county nursing home—in an apparent attempt to destroy the credibility of the commissioner board.

There are others who are challenging the project. Luis A. Mendoza is a 65 year-old Colombian-born, ex-member of the Lancaster City Council (1998-2005). Mendoza and former Lancaster city comptroller, R.B. Campbell, have been virtually the only city officials to take strong opposition to the project.

Mendoza was an early supporter of the convention center. “As long as it was straightforward, I supported it,” he says. “The previous board of commissioners secured the $40 million bond. There was money from the state, and there was a private risk on the part of Penn Square Partners. I saw no reason to object.”

But after the hoteliers’ suit failed, Mendoza says he started to notice changes kept popping up from partners. “I began to see all sorts of manipulation. The Mayor [Smithgall] and [City Council President Steven] Diamontoni were giving the board things to vote on- serious proposals- and we didn’t have the time to read and review documents. The Mayor, Diamontoni and [Rep.] Mike Sturla were pressuring the members to vote on these things the way they wanted.”

Mendoza is also critical of the press coverage. “I believe the newspapers did not properly inform the public over this issue, or they deliberately misled the people. What has happened and continues to happen is pretty much a crime against the taxpayers.”

One of the most colorful characters is a 42 year-old self-described “good government activist”, Ron Harper. Harper, a stout father of five, is an extremely energetic, technologically sophisticated pain in the ass to anyone unfortunate enough to get caught between his crosshairs. His paying job is as an “oppositional investigator” for the State Republican Caucus of Lancaster County. This means he digs up dirt and turns it over to the local GOP. Harper has the nerve of someone who doesn’t get embarrassed easily. Through his website, 5thEstate.com, Harper has been dogged (and inventive) in his efforts to stop the project. It was he who brought a pie—“humble pie”, says Harper—for the Convention Center Authority board to eat. Then-Chairman James O. Pickard threw the pie at Harper.

Another key individual in this controversy is Robert Edwin Field, a prickly 69 year-old real estate developer, investor, film producer, and philanthropist, who is adamant that the project be thoroughly analyzed before public money is committed to it. Field, with 40 years of successful development and investment (including hotels outside the area), was astounded to discover that the proposed hotel and convention center never had a genuine feasibility study.

In 2005, Field—who believes “an informed public, over time, tends to make better decisions”—funded a Fox News/Opinion Dynamics poll, which showed 78% of those with an opinion opposed taxpayer bond guarantees for the project. When the newspapers refused to publish the results, Field took ads out in the papers to disclose the results. This showed that the newspaper coverage was out of step with countywide sentiment on the issue.

After obtaining and reading copies of purported “feasibility” studies, Field engaged a Member of the Appraisers’ Institute (MAI), who authenticated that those studies were, in fact, “market” or “marketing” studies, and did not represent the scope and depth of a genuine feasibility study. This was an important because these studies were repeatedly represented as “Feasibility Studies” to public officials and on an application for a $15 million state grant, a potentially serious misrepresentation on the part of Penn Square Partners.

Field also launched a website, www.NewsLanc.com. The website has disclosed errors and omissions made by the papers. It has also broken news like the discovery that Penn Square Partners never submitted a Traffic Impact Study to the state department of transportation, which was necessary as the project impacted state roads.

Several “Right-to-Know” requests for information have been filed with the Convention Center Authority. One of those requests, for “all itemized bills and statements” from the Authority’s principal law firm, Stevens & Lee, yielded 227 invoices each on a single piece of paper. Every one of these sheets—billings which total more than $6.3 million and make up more than one-third of the total expenses of the Board—describes the work done as simply: “For professional services rendered on behalf of the Lancaster County Convention Center Authority.” There is no other itemization on the bills.

This is contrary to standard accepted business practice, where attorneys typically indicate precise times and the nature of the work done and who did the work. None of that is on these statements.

And the amounts are staggering. Stevens & Lee has billed nearly $100,000 per month since the inception of the project, all “For professional services rendered…”. Stevens & Lee recently disclosed time sheets pertaining to a billing for “services rendered” to the County Commissioners pertaining to another project. From press reports, it appears that $95,000 of the invoices totaling $288,000 was overbilled.

EDITOR’S NOTE: In 2009 NewsLanc obtained copies of hourly billings by Stevens & Lee and a report entitled “Qualitative Review of Legal Services by Stevens & Lee for the Convention Center Project in Lancaster County”, Pennsylvania by Chief Justice Emeritus Stephen A. Zappala, that found nothing to suggest the charges were not in order.

The Stevens & Lee expenditures are part of a larger and growing concern about the overall administration and spending of the seven-member Lancaster County Convention Center Authority (LCCCA) Board.

The Authority Board, through its Executive Director, David Hixson, has paid consultants millions before any construction has been done. A public relations firm has been paid hundreds of thousands of dollars. Oversight from the boards has been minimal. Board members are not allowed to review bills individually, despite repeated written requests to do so.

Three recently appointed board members—Laura Douglas, Deb Hall, and Jack Craver—have raised questions and objections about the project. They have been ignored or shouted down at meetings by the Board’s Chairman, C. Ted Darcus. Unlike their fellow Board members, these three have business experience that bears on the project. Crave was Executive Vice President and General Manager of the famous Place Hotel in New York; Douglas is a successful business owner who must meet payroll and expense demands; Hall is Executive Director for the Ephrata Area Chamber of Commerce.

Laura Douglas LCCCA Board member since 2005 sums up her experience with the Authority:

“Quite simply, the Convention Center Authority is the worst-run organization I have ever encountered, much less been a part of. Meetings seem to be held at the whim of the chairman without regard for the schedule. Since I’ve been a member of this board, only two meetings have been held when scheduled.

Materials to be voted on at meetings are not provided until 36-48 hours before the meeting. Many of these documents are legal or highly specialized in nature, requiring lengthy study to review properly before being able to vote or even ask cogent questions.

The single most important document- a 500 page set of agreements among PSP, RACL and LCCCA were provided less than a week prior to the meeting despite the fact that they had been presented to the City Council and were therefore available three weeks earlier.

The behavior of the chairman and the Executive Director makes clear that they do not care what anyone else’s thoughts, questions, challenges, or ideas may be. They are going to push through whatever they want whenever they want to do it. When board members ask legitimate questions, they are castigated for not addressing them in private instead of letting the public know what issues there may be. We are treated with scorn and sarcasm.

Concerns of the public are not only not addressed except through “Right-to-Know” requests, but disregarded altogether as obstructionist and unworthy consideration. It is very clear to me that this Authority has no regard for the source of its revenues. It clearly considers that this is a trough of free money at which they intend to continue to feed as long as they can, whether value is provided or not.

There are absolutely no benchmarks, standards, or criteria of success for any area of the project. The chairman and executive director seem simply to throw money at Penn Square Partners.

The organization places all negotiating power in the hands of these attorneys despite the fact that a staff member of the firm is a lobbyist for the developer, in other words, the other side.

I have absolutely no confidence at all about the ability of this organization to build this project, keep it within budget, much less run the facility after the fact.”

The convention center business is extremely competitive at the third-class city level. According to a widely circulated Brookings Institute study (2005) of the national convention center market, the pronounced downward trend began prior to September 11, 2001 at all levels of the convention center business. After the terrorist attacks, the industry continued its slide.

The current convention center market is difficult for a number of reasons. A convention center must always continue to scramble for events, forcing discounts and incentives. Meeting debt service with operating losses often requires additional funds. Owners still must pay for utilities maintenance and labor even when the center space is given away free. This boosts annual operating loss. Still, the public continues to finance convention centers.

Brookings states: “While the supply of exhibit space in the United States has expanded steadily, the demand for convention and tradeshow exhibit space has actually plummeted.” Also, according to Brookings, advances in communications technology have obviated bringing people into a convention or conference. It’s cheaper to have a videoconference. Convention bookings are at 1993 levels, according to Brookings. Industry consolidation has also reduced the need to convene a large conference.

Even the market studies commissioned by developers Penn Square Partners suggest Lancaster’s relatively weak position in the convention market. The local airport only provides service to Pittsburgh, so that most convention visitors arriving by plane would need to come through Harrisburg International Airport or Philadelphia International Airport. The city lies twenty miles off the Pennsylvania Turnpike, and is not served by any through interstate highway. The convention center would be located in the most congested portion of downtown Lancaster, and visitors arriving by automobile would have to wend their way through a maze of city streets.

As quaint as Lancaster city is in some respects, the town is notably lacking most of the recreational activities, amenities and nightlife that many conventioneers seek.

Supporters of the project point to the millions of tourists (8 million in 2001) who come to the area each year. But visitors come to Lancaster County to observe the Amish, visit the rural villages and communities, and shop at the suburban discount outlet stores. Most that come into Lancaster city are brought in by bus for an hour and half shopping at the Central market, a popular bazaar that draws produce and goodies from the entire county. When past visitors to suburban Lancaster conference centers were queried, they pointed to the proximity to golf courses at the host hotel as a major attraction.

Scranton, Erie, Altoona, Pittsburgh, Baltimore are among the cities with failed or failing partially publicly funded convention centers. Allentown appears to be an exception, but its spike in “inquiries” likely reflects the city obtaining a license to operate slot parlors. In Pittsburgh, a center defeated by voters was built anyway.

Perhaps the gravest concerns are voiced by two financial officials, one currently in office, one who recently left.

Craig Ebersole is the current Lancaster County Treasurer:

“To date, expenditures by the Lancaster County Convention Center Authority have been taken from lodging tax revenue. When the Authority’s current loan from Citizens Bank is re-marketed into municipal bonds, they will, according to its own financial advisor, begin annual debt service payments of about 2.7 million. They also anticipate annual operating losses of between $650,000 and $850,000 per year. Together they would need approx. $3.5 million in lodging tax revenue per year or about 10% more than the best year ever in six years of tax revenue history. They project funding this gap with lodging tax revenue from the new hotel, but their numbers assume this to be new visitors, and not diminishing existing facilities. Others that I have spoken with in the industry place annual operating losses at one to two million dollars a year, which would only widen the funding/spending gap. If there were a funding gap, the first monies in play would be the portions of the lodging tax that is currently paid to the PA Dutch Visitors Bureau for the purposes of promoting the Convention Center. If this happens, and marketing money is used to simply pay light and heating bills, a slippery slope could quickly become a downward spiral. Thus the County Government General Tax Fund would be in play in this scenario.”

R.B. Campbell, former Lancaster City Comptroller, on the project:

“I am concerned that the taxpayers are being unfairly burdened with the majority of the financial risk of the project with very little financial risk to the private owner. A scheme to shelter the owner of the proposed hotel from having to pay their fair share of property taxes and various fees to the City appears to be illegal, and state grant funding for the project is guaranteed by the City.”

Because of his concerns, Campbell refused to sign documents and suit was brought against him by then-Mayor Charlie Smithgall, compelling him as City Controller to sign the documents. Pennsylvania Commonwealth Court has heard the case, and decision is pending.

Today, the total convention center space is 220,000 square feet, more twice the size of the original project, and nearly four times the size of the LDR/Winterbottom report recommendation. The hotel is now described as “business”, rather than the promised “luxury”, which is a downgraded hospitality industry designation. The total cost is currently estimated by developers to be $145.5 million, which includes the parking garage.

EDITOR’S NOTE: The final cost reportedly was approximately $178 million dollars.

The endgame is imminent. And there are signs convention supporters are getting desperate. The Lancaster New Era, reprising its role as project cheerleader, recently published an editorial (“Conventioneers like the small town feel”) which essentially told readers there was nothing to worry about that the market was strong and getting stronger, and that this project would be a roaring success.

Senator Armstrong again went to the legislature to help the project. This time, he attempted to gut a bill (HR983) designed to give tax breaks to film producers who made movies in the state. Armstrong took out the original language wholesale (angering its author), and inserted provisions that would almost singularly give additional tax breaks to convention center developers. When the bill was sent to the assembly a few weeks ago, it surfaced that Armstrong never made the Lancaster County Republican delegation aware of his changes. The delegation, whose constituents largely do not support the project, bristled and came out publicly against the “backroom” tactics, likening it to the politically poisonous late night pay raise legislators gave themselves last year.

Finally, in an apparent attempt to create a fait accompli, project sponsors have announced demolition will begin in early May, 2006, apparently ignoring imminent findings of the PKF Feasibility Study, and paying no heed to ongoing litigation and the uncertainty of state funding.

Opponents believe that the PKF Feasibility Study will give the public- for the first time- the facts concerning the economic viability of the project. They point out that State grant applications for $15 million have been filed; wrongly stating Feasibility Studies have been done.

Whether downtown Lancaster will be a future venue for conventions is still an open question. How it will be answered now largely depends on a 62 year-old Philadelphian, currently living in Harrisburg and in the political fight of his life.

Governor Edward G. Rendell must weigh past political commitments to provide state funding for the project against the findings of the forthcoming Feasibility Study, a possible investigation of the project’s attorneys, and signs that the historically tight-knit local establishment along with the vast majority county electorate has turned against the project. How the Governor decides this issue could determine the next four years of his life, and impact the future decades of people in Lancaster County.

Ties that bind: The old board shackles the new

Posted on November 27th, 2009

Ties that bind: The old board shackles the new

Thirty-first in a series

By Christiaan A. Hart-Nibbrig

I’m asking you, Nevin, are we going to draw drawings?”

– Pete Shaub, Chairman of the Lancaster County Board of Commissioners, to Nevin Cooley, Penn Square Partners president, asking when architectural designs for the hotel and convention center would be completed; June 2004, nearly five years after the project began.

Paul Thibault and Ron Ford had very good reason to pass the controversial convention center county bond guaranty just before the midnight hour of their terms. The two lame duck commissioners who voted for the guaranty in the week before the November election were aware that if they didn’t get it done then, there would be no county guaranty under their successors.

Thibault and Ford knew this because the majority of what would be the next board of County Commissioners were on-the-record opposing the county guaranty. Both Republicans, Shaub and Dick Shellenberger, said unequivocally they were against county bond backing. Of the other three contenders for the minority seat, Democrat Molly Henderson and third-party candidate, Jim Clymer, similarly opposed the guaranty. Only Bill Saylor, the underdog Democrat, was non-committal on the issue.

If the Lancaster County Convention Center Authority (LCCCA) was going to borrow $40 to $50 million to construct a convention center, it needed the county and its AAA credit rating to guarantee the loan to achieve a low interest rate and to maximize the borrowings. Without it, according to the Authority, the LCCCA could only borrow half that amount. Given the candidates’ opposition to the county backing, it was clear the current board must pass the guaranty while still in office and it had the opportunity.

The October 29 vote and public meeting provided high drama for Lancaster County. More than 80 people crowded the Commissioners’ chambers on the fifth floor of the courthouse, many spilling into the halls. It was six days before the election, one day after the formal request to the county by the LCCCA to guarantee the bond, and two weeks after introducing the issue to the public by hiring bond counsel to look into the guaranty.

Many of the Lancaster’s political power elite were in the audience, most in support of the county guaranty.

“If you do not do this [guarantee the bond], you might as well drive a stake through the heart of Lancaster City,” said Rep. Mike Sturla.

Former Lancaster city Mayor Art Morris commented, “It bothers me that so many people stand up and try to throw things to try to kill the project. This [guaranty] is not unusual. It is elementary. It shouldn’t be a surprise to anyone in government. It shouldn’t be a surprise to the commissioners. There is no financial reason to oppose this. You can’t be afraid of your own shadow.”

The Authority’s financial advisor, Tom Beckett, said the county’s hotel room tax revenues would cover the estimated annual debt service even if the bonds were called. In the worst case, said Beckett, the complete failure of the convention center would cost between $2.66 to $2.76 per resident, per year, for the life of the bonds.

Lancaster mayor Charlie Smithgall seized on Beckett’s language in typical fashion. “That $2.66 is less than a Happy Meal,” the fast-food loving Smithgall said.

Jim Clymer, the Constitution Party candidate for commissioner, attacked the hotel room tax, saying it was “fundamentally unfair to impose a tax on an industry that will finance its opposition.”

When the vote came, Republican Chairman Thibault, and Democrat Ford, voted to back the bond. Pete Shaub, who was about to be re-elected, voted against the ordinance, number 73.

The following Tuesday, November 4, Dick Shellenberger, Pete Shaub, and Molly Henderson were elected to the board of Lancaster County Commissioners. Jim Clymer garnered an impressive 18,000 votes. Shellenberger was the leading vote-getter, with more than 41,000 ballots counted.

A few weeks after the election, before the county-guaranteed $40 million bond agreement was finalized, Commissioner-elect Molly Henderson’s husband, Alex, was allegedly confronted on Queen Street by Lancaster Newspapers Chairman, Jack Buckwalter. Mr. Henderson was the managing partner of a prominent local law firm. He and Buckwalter knew one another, were professional acquaintances, and sat on some of the same boards of directors.

According to Henderson, an agitated Buckwalter berated him because of his wife’s position on the county bond guaranty.

So why were Convention Center Authority sponsors, like Buckwalter, concerned about the incoming board and its position on the guaranty? Wasn’t it a ‘done deal?’

The answer can be found in a buried subsection of the enabling legislation, the 1994 Third Class County Convention Center Authorities Act, which reads:

“If and to the extent that the authority pledges its share of the proceeds of the tax authorized by this section as security for the payment of bonds issued by the authority for convention center purposes, the Commonwealth does hereby pledge to and agree with any person, firm or corporation subscribing to or acquiring bonds to be issued by the authority for convention center purposes that the Commonwealth itself will not, nor will it authorize a county to, reduce the rate of tax imposed for convention center purposes until all bonds so secured by the pledge of the authority, together with interest, are fully met and discharged,”

–16 P.S. Chapter 1; Article XXIII; (n) Third Class County Convention Center Authorities; Section 2399.23; subsection (f)

The company Jack Buckwalter headed, Lancaster Newspaper, Inc., held a co-equal stake in the project with High in Penn Square Partners.

The $40 million Citizens Bank construction bond, although guaranteed by the commissioners, would be a debt of the Convention Center Authority. And, according to governing Pennsylvania law—the Convention Center Act of 1994—until that debt was fully discharged, including interest, there appeared nothing any subsequent board of commissioners could do about it.

Thus, as long as the majority of the LCCCA Board was unwilling to repay the relatively small amount drawn down (closing fees and $18,000 per month in ‘negative arbitrage’), the commissioners would be prevented from reducing or rescinding the hotel room rental tax, and therefore killing the convention center project.

The net result of the county guaranty and the issuance of the LCCCA bond effectively tied the hands of the new board of commissioners unless and until the LCCCA Board arranged to pay off the bond.

Howard Kelin was hired in 2006 by the County Commissioners as Special Counsel to represent them against a suit brought by the Convention Center Authority. In its brief filed with the court, Kelin writes of the 2003 guaranty and the speedy issuance of the bond in the waning days of the Thibault board:

“The county believes the 2003 financing was ‘fake financing,’ engineered to create debt to which the former lame-duck board of commissioners could adhere the County’s guaranty, and to subvert the right of future Commissioners to consider and decide whether county taxpayers should guarantee financing for the project…”

There is disagreement whether later boards of Commissioners would have the standing to revoke the guaranty and reduce or modify the room tax. There is precedent in Pennsylvania law with the courts setting aside a similar actions when challenged by their successors.

In the leading case, Lobilito, Inc vs North Pocono School Disrict, [562 Pa 380, 755 A. 2d 1287 (2000)], the Pennsylvania Supreme Court concluded that ‘lame duck’ elected officials could not artificially bind the hand of its successors.

In the Lobilito case, a construction company, Lobilito, had entered into a construction contract with the North Pocono, Pa, school board. The newly elected incoming school board opposed the controversial project. When the new board took office in 1994, they disavowed the construction contract. Lobilito filed a breach of contract suit against the North Pocono School District.

The Pennysylvania Supreme Court ruled that the newly elected board could disavow the contract of the previous board because it was inappropriate to ‘hamstring’ its successor board:

“With respect to those agreements involving municipal or legislative bodies that encompass governmental functions, we have repeatedly held that governing bodies cannot bind their successors.

“…The obvious purpose of the rule is to permit a newly appointed governmental body to function freely on behalf of the public and in response to the governmental power and body politic by which it was appointed or elected, unhampered by the policies of the predecessors who have since been replaced by the appointing or electing power.  To permit the outgoing body to ‘hamstring’ its successors by imposing upon them a policy implementing and to some extent policymaking machinery, which is not attuned to the new body or its policies, would be to most effectively circumvent the rule.”

–Lobilito, Inc vs North Pocono School Disrict, 562 Pa 380, 755 A. 2d at 1289-90

One Lancaster attorney, who has worked on governmental issues concerning the county (and who spoke on condition of anonymity), said that because a judge later found that the passing of the bond guaranty was a “proprietary” rather than a “governmental” action, that guaranty couldn’t be reversed “whether the new commissioners waited a year or two, or whether they did it the first day in office.”

Another Lancaster attorney with decades of experience in municipal law (who also declined to be identified) disagreed, arguing that challenging the guaranty immediately might have made a significant difference in having it revoked.

“Proprietary?” said the second attorney. “There were no architectural designs completed. Construction was years away. The financing was not secured. The public didn’t want it. I think it [the guaranty] could’ve been challenged and perhaps reversed. But there weren’t the votes on the board to do that at the time.”

He was right. The next board was not then interested in overturning the guaranty, or stopping the project at all. All three supported the project, and one of them was adamant that it get done sooner rather than later.

Despite being known for its Amish or “Plain” population, the players who occupy the political stage in Lancaster County are anything but ordinary.  From bellicose Mayor Charlie Smithgall, to his pompous, bow-tie-wearing successor, Rick Gray, to attention-loving “official observer,” Ron Harper, Jr., to pie-tossing LCCCA chairman, Jim Pickard, to the quixotic businessman, Robert Field (NewsLanc’s publisher), the place has its complement of eccentrics. But perhaps the wildest of all these unwieldy personalities was Howard “Pete” Shaub, Jr.

Pete Shaub was the former marine, auctioneer, building executive, and only incumbent candidate for commissioner. Shaub, with his natty, coordinated suits, fit physique, and crisp haircut, had a mounted sword above his desk in his office on the fifth floor. Message: Get out of the way.

It was during his first term, his first elected position, where Shaub got his reputation for unpredictability and abrasiveness.

Immediately after being sworn into office for the second time, in January, 2004, the new board voted to name Pete Shaub as Chairman. At the time, Shellenberger had no electoral experience, and didn’t have qualms about the vote.

“I was learning the job,” Shellenberger says today. “Pete had the experience. At that point, early in the term, we could work with Pete. It didn’t get bad until a little later in the year.”

The problem, later called “chaos” in the courthouse, was that many people couldn’t “work with” the combustible Shaub. Known for his insult-laden explosions, Shaub had alienated his own party to the extent that it declined to endorse him in his re-election bid in 2003.

“I can’t trust him,” said Jere Swarr, a Rapho Township supervisor. “You know how on your report card there’s a grade, ‘works well with others’? Pete got a report card, ‘He does not work well with others,’ “ continued Swarr, a former endorsed Republican candidate for county commissioner.

One former county employee who worked in the commissioners’ office, remembers Shaub’s frequent screaming fits, once banging his head on a table during a meeting when advised the meeting might be in violation of the Sunshine law.

Shaub, according to another former county employee in the Commissioners’ office, demeaned nationally renowned city planner, Ron Bailey, into resigning. “Shaub badgered, and badgered, and badgered that man until he quit,” said the former employee. “Shaub couldn’t handle another person taking his thunder. Ron Bailey was an asset to the county.”

Pete Shaub was a former construction boss. And as a man used to getting projects completed, he was upset at the pace of construction of the convention center.

“Pete was very concerned that the center was delayed for so long,” remembers Shellenberger, of the first months in office. “This was his construction background. He set timetables with the Authority and private partners to get things done. He wanted to move it [the project] along.”

Shaub gave the LCCCA a deadline of September 7, 2004 to complete the architectural designs for the hotel and convention center project.

Penn Square Partners had selected Atlanta-based Cooper Carry, Inc. to design the project. It was at a Commissioners’ meeting when a clearly perturbed Shaub publicly called out the private partners, Penn Square Partners.

“Nevin,” a clearly exasperated Shaub said to the Penn Square president, Nevin Cooley, “I ask you, are we going to draw drawings?’”

Cooley, longtime spokesman for High Associates, responded, “When we have a signed agreement on the King Street Garage,” referring to a pending contract between the Authority and the Partners regarding control of the King Street facility adjacent to the proposed project.

Shaub retorted sarcastically, “That is just an excuse. Folks, we have a very short time and very short lives. It’s time for Penn Square Partners to fulfill their end of the bargain so we can have those schematic drawings done by Sept. 7. We are behind as it is.”

Shaub’s behavior was not only upsetting those working around him. Sponsors of the convention center project and some of its key supporters—like Sen. Gib Armstrong and Rep. Sturla—were publicly rebuking Shaub for making it more difficult to keep the project going.

This was the first substantive rift between the public and private partners in the project. It would not be the last.

###

Thibault’s last minute surprise

Posted on November 7th, 2009

Thibault’s last minute surprise

(Thirtieth in a series)

By Christiaan A. Hart Nibbrig

“I am behind the convention center. However, I am opposed to the county insuring the bond. I campaigned on that.”

—Richard “Dick” Shellenberger, Republican Lancaster County Commissioner candidate , one week before the November 4, 2003 election

The campaign for Lancaster County Commissioner in 2003 had three extraordinary events occur before election day—one in view of the public, another behind closed doors, and one that was both.

All three events would define the political fortunes of the next board of commissioners, and would change the future of Lancaster County.

Third party candidate Jim Clymer’s entrance into the race made each debate, mailer, and public appearance at least partially about the convention center project.

A conservative and homespun lawyer, Jim Clymer, the former Constitution party candidate for statewide office and national chairman, had sufficient funding and was an effective, if low-key, campaigner. Clymer received considerable press and was a significant factor in the race. Clymer’s campaign also had Ron Harper, Jr., a ’super-supporter,’ who contributed his own radioactivity to the campaign.

Underscoring Clymer’s importance to the race, late in the campaign, the Sunday News ran a front page article with the headline, “Clymer Calls Election Tune: Constitution Party candidate defines issues in commissioners’ race; now both major parties fear he stands a chance”.

The campaign between the Democrat candidates and Clymer for the commissioner seat reserved for a minority party—a campaign dominated by the convention center issue—was the extraordinary event unfolding in full view of the public.

Meanwhile, away from the public eye, the two Republican commissioner candidates, Pete Shaub, an incumbent, and Dick Shellenberger, were quietly engaged in regular, private meetings with Lancaster County solicitor, John Espenshade. Espenshade, the county solicitor for more than 15 years, was also solicitor for the Lancaster County Convention Center Authority (LCCCA), and a partner of the powerhouse Stevens & Lee law firm. In turn, Stevens & Lee also represented High Industries, lead partner for Penn Square Partners and designated developer of the convention center. They were High’s registered lobbyist in Harrisburg.

The topic of the meetings—which continued privately among the three after the election and before Shellenberger took office—concerned the possible sale of the county owned Conestoga View Nursing Home

After the primary, Republicans Shaub and Shellenberger were ’shoe-ins’ for election. The pair campaigned on a platform of reduced government and increased privatization. Divesting of a government-run facility like the nursing home was consistent with their stated political philosophy at a time when President George W. Bush was advocating the privatization of Social Security. But they didn’t mention that Conestoga View would be put up for sale until a deal was formally proposed in public at a Commissioner’s meeting.

These meetings, and the eventual sale of Conestoga View, would play a role in killing the political careers of Shaub and Shellenberger; in fact, they would contribute to the political demise of the entire next board of commissioners.

In order to build something like a convention center, which was then estimated to cost $55 million, the money must be borrowed. Not many people pay attention to the world of municipal bond finance, yet this is the mechanism used to finance many of the capital projects built in the United States.

A government entity, in this case the LCCCA, must therefore “float” or “issue” or offer the bonds for sale. A bank usually buys the bond issue, and re-markets the bond to investors. (The interest on the bond may also be tax exempt.)

In order to maximize the amount and get lower interest rates for what is essentially a loan, bond payments are often guaranteed by some level of the government. The interest rates are lower because of the government’s usually good credit rating. (Lancaster County had a desirable “AAA” credit rating.)

The possibility that the LCCCA might ask the county to guarantee a bond issue was initially raised in the spring of 2003 by a city businessman named Chris Kunzler, III.

Kunzler, the CEO of a large, Lancaster city-based hot dog and deli-meat business, Kunzler & Co., was smart, ‘didn’t have a dog in the race,’ and he was not a hotelier.

In an April 20th published Letter to the Editor of the Sunday News, Kunzler publicly raised the issue that a government guaranteed bond would be necessary to finance the convention center:

“The convention center alone is expected to cost $55 million, with $15 million supposedly coming from the state. The hotel tax is generating approximately $3 million a year. This $3 million in tax revenue will not come close to servicing the debt on a $40-million bond issue. Let’s not forget the ongoing operating losses of the convention center and the money being spent to promote it. Who will guarantee this bond? And when the project fails, where will the funding come from then? Taxes? Who will be responsible for the losses—the community, with additional taxes?”

Jim Clymer’s explanation for entering the race—that no other candidate was addressing the convention center issue—was not entirely accurate. While he was the only person in the race who rejected all aspects of the convention center, in the spring of 2003 and before the May primary, one other candidate was on the record critical of increased government involvement in the project.

Democrat candidate Molly Henderson was the first in the race to address and oppose the idea of county backing of a bond. She said that although she favored the center, it should be “self-supporting” and not reliant on government backing.

In late September, Clymer even proposed a county-wide referendum on the issue.

In the fall of 2003, the convention center was anything but a ‘done deal.’ The design and cost for the center were not finalized; no true feasibility study had been performed; the state had yet to disburse any money; not a spade of dirt had been turned; and Clymer’s candidacy showed that many people throughout the county were strongly opposed to the project.

During the fall campaign, five of the six candidates (the Green Party had qualified a candidate, Scott Kender) went ‘on the record’ opposing any county guarantee of a LCCCA-issued bond to construct the convention center. Only Democrat, Bill Saylor, was non-committal on the bond guaranty

Paul Thibault, the Republican, lame duck, Chairman of the Board of Commissioners, may have been alarmed by the prospects of the next board opposing a guarantee. Events proved he certainly was constrained by it.

Thibault, with his silver Kennedy coif and silver-tongue, was the rarest of Lancaster County political insiders—an insider who was not from the county. Thibault, Connecticut-born and raised in Canada, was two times denied the Republican Party endorsement for commissioner, yet managed to be elected to consecutive terms.

A day-one supporter of the convention center project, Thibault was also the beneficiary of substantial campaign contributions from the Lancaster Alliance, the private, non-profit organization, three of whose founding 12 members made up Penn Square Partners. Every time Thibault ran, he collected the most money.

The bond issue had been discussed in candidate debates and in the newspapers (both dailies supported the bond guaranty), but the Commissioners had not officially deliberated on the matter. But on October 16, 2003—even without a request from the LCCCA—Thibault and the board voted to hire bond counsel to explore a county guaranty.

“Something doesn’t smell well in Denmark,” said Jim Clymer at the crowded meeting, raising the question of how the board could hire counsel unless it had—outside of public view—discussed the official action privately.

Only six days later, on the 22nd of October, the commissioners held a public meeting to discuss the bond guaranty. Then just one week later, in the form of County Ordinance 73, the board of commissioners, in a 2-1 vote (Shaub voted against) passed the bond guaranty of up to $25 million.

It was less than a week before the election.

If the Convention Center Authority couldn’t make its payments, the Lancaster County taxpayers would be responsible for the bond debt.

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The Wild Card: Clymer crashes the party

Posted on October 31st, 2009

The Wild Card: Clymer crashes the party

by Christiaan A. Hart-Nibbrig

(Twenty-ninth in a series)

I decided to run for commissioner because none of the other candidates were willing to take a position against the convention center.”

– Jim Clymer, Constitution Party candidate for Lancaster County Commissioner in 2003, explaining why he ran for the office.

Watching the primary campaign for commissioner in the spring of 2003 was a courtly, 55 year-old lawyer named James N. “Jim” Clymer. Jim Clymer was something of a renaissance man in fenced-in LancasterCounty. A former farmer, truck driver, and carpenter, Clymer was also a licensed, instrument-rated pilot.

Clymer was then, and is now, the national Chairman of the Constitution Party. In 1994, he ran for Pennsylvania Lieutenant Governor on the U.S. Taxpayers Party ticket (which became the Constitution Party in 1999). In that election, Clymer siphoned about 16 percent of the overall turnout. He also ran for another Pennsylvania state post as a Libertarian candidate for Auditor General in 1992, and again for Lieutenant General in 1998 with the U. S. Taxpayers. In the latter race, he garnered 10.5 percent of the vote.

Foreshadowing his basic campaign platform for Lancaster County Commissioner almost a decade later, Clymer wrote in 1994:

“It’s frustrating to see politicians use funds that came from Pennsylvania’s families to advance their ambitions. They treat [tax] funds as their funds – doling them out to help pet projects, reward their supporters, or gain publicity.”

Jim Clymer was born, raised, went to college, and married in LancasterCounty. (He went to law school in Kansas.) A father of five, who served his church as a deacon, elder, and Sunday school teacher, Clymer was a quiet community pillar who knew the values of conservative ChristianLancasterCounty very, very well.

The senior partner of a busy Constitution and religious freedom-based law practice, Clymer had a reputation for integrity and professional competence. With a direct, soft-spoken, gracious personal manner, Jim Clymer was also known as a good guy.

Clymer’s political ideology might be called social-conservative, or ultra-conservative, or paleo-conservative. Many Constitution Party members disaffectedly departed the Republican Party because it wasn’t conservative enough for them.

The Constitution Party’s positions include abolishing the Internal Revenue Service and the U.S. Department of Education, withdrawal from the United Nations, and a non-negotiable, one hundred percent opposition to abortion and gay marriage.

While these values might not resonate in San Francisco, or even nearby Philadelphia, they do in LancasterCounty, where they are in the middle of the mainstream. Taxing regular Pennsylvanians to pay for a convention center struck Jim Clymer as just plain wrong. And he was going to speak up about it.

One week after the primary, on May 28, 2003, Jim Clymer indicated to the Lancaster New Era that he was leaning toward running a third-party campaign for commissioner, saying his conservative principles were more in line with LancasterCounty voters than either Democrat candidate.

Weeks later, Clymer filed papers to run for Lancaster County Commissioner with the board of elections. To get his name on the November ballot, Clymer was required to collect a minimum 1,500 signatures from voters attesting to his fitness to serve as a county commissioner. By July 31, when Clymer turned in his signatures, he had almost 3,000 valid names, nearly double the necessary number. Jim Clymer was now going to have a voice in this election.

(One of the signatories on the Clymer petition was James Huber, the former county commissioner, who ran unendorsed, and lost, in the Republican primary. Huber was also a GOP committeeman for nearly three decades. After signing the petition, Huber was stripped of his committee position.)

What most people anticipated would be a traditional two-way contest between Democrats Bill Saylor and Molly Henderson, was now a battle that included Jim Clymer for the third commissioner, since only two were permitted to be a Republican.

The issue that sharply distinguished Jim Clymer from the other candidates was his complete opposition to the convention center. Not only was the project dependent on taxpayer dollars for support, but it was a bad idea as a basic business proposition. The issue was the centerpiece of his campaign.

“In business, you don’t just go out and start a new project without looking at what’s happening in other places. Convention centers are failing all over the place. What does this city have that will make a difference? We don’t even have air service,” Clymer said during the campaign.

Although Clymer was buttoned-down and mild of manner, he acquired considerable campaign savvy with his multiple state bids. He was also closely aligned locally with a unique and valuable campaign weapon: Ron Harper, Jr.

In 2003, Harper and Clymer were friends who shared many of the same social and political views. Like Clymer, Harper and was a born and raised Lancastrian. Both were born-again Christians (Harper a LancasterBibleCollege graduate) – both married, fathers of five.

And on the convention center issue, Clymer and Harper’s positions were identical – the project was “big government” at its worst. The center should not be built on the backs of the taxpayers . . . and it should be stopped.

Although not an official member of the Clymer campaign staff, it is clear the colorful Harper was more than a typical backer of the candidate.

“Ron was a very active supporter of my campaign,” says Clymer today. “And his website was very helpful in raising some important issues at the time, particularly concerning the convention center.”

Harper has no doubt about Clymer’s impact on the race.

“Oh, there is no way the convention center issue would have come up except for Jim,” says Harper today. “The county bond backing was the biggie. Shaub voted not to back the convention center bond because of Jim!”

The “bond backing” referred to a $40 million Convention Center Authority issue that would be guaranteed by LancasterCounty taxpayers. All of the commissioner candidates were on record opposing the county guarantee.

But the candidates still had weeks before the election, and Paul Thibault was still chairman of the board of commissioners. And Thibault still had some time left on his clock.

###

Next installment: A $40 million midnight surprise: Thibault ties the hands of his successors.

Did High try to “snooker” Gray to pay $5M twice?

Posted on October 29th, 2009

Did High try to “snooker” Gray to pay $5M twice?

During a Thursday, October 29 debate, incumbent Mayor Rick Gray said that former mayor and campaign opponent Charlie Smithgall had saddled the City with a $5 million cash commitment to the Convention Center Hotel. When Charlie Smithgall denied making such a commitment, Gray handed him a letter (page 1; page 2) dated Oct. 18, 2000 —from the former mayor himself—to Tom Smithgall of the High Group, which included the following statement:

“When we last met, we outlined a few financial structures whereby the City could participate in making the hotel and convention center project at the Watt & Shand building a reality. We discussed the magnitude of this involvement being $5 million.”

And later,

“We all realize that this project contains a complex array of steps that must come together in order for the project to proceed. We trust that the City’s commitment of $5 million will be a cornerstone of this effort.”

Gray later told NewsLanc that the letter was given to him by Tom Smithgall in 2006, at a time when the hotel was facing a $20 million shortfall. During a meeting to discuss possible funding solutions, Gray said, he was first offered the document. “It wasn’t like, ‘you have to pay this,’” Gray stressed, “It was like, ‘do you know that the city made a commitment on this?’”

At that point, since the commitment was made with no legal authority, public discussion, or review by City Council, Gray decided that the City would not provide any part of this cash contribution. “It put me in a difficult position,” Gray said.

Charlie Smithgall, who still does not remember writing the letter, insists that the “$5 million” would never have meant a literal cash donation. He noted that the letter, dated October 18, 2000, predates a number of efforts on the City’s part to provide the hotel with tax abatement and special Tax Increment Funds (TIF). Furthermore, Charlie Smithgall asserted, the letter predates the City Redevelopment Authority’s 2005 purchase of the Watt & Shand building, securing a tax-exempt status for the hotel, which would be leasing the site from the City.

By the time Gray arrived in office, Charlie Smithgall concluded, “We more than fulfilled that part of the request.”

Charlie Smithgall indicated that, when presenting this letter to Gray, the High Group should have been well aware that the “$5 million” in question did not represent a cash commitment. As he told Gray during the morning debate, “If they came to you, you were snookered.” The former mayor said that, while he was in office, High representatives “were in every day with a different deal.”

At one point, Charlie Smithgall said, the High Group even pushed for the City pay for the hotel in its entirety.

As an aside, the former mayor noted that, had his secretary prepared this letter, it would normally have featured her initials—which the existing document does not. According to Gray, the City Hall staff has not been able to locate any record of this letter among files at the Mayor’s Office. Therefore, for the time being, the only known copy of this letter is the one provided by the High Group.

‘Fasten your seat belts’: The ‘bumpy ride’ of Commissioners Shaub, Shellenberger, and Henderson Part I

Posted on October 23rd, 2009

‘Fasten your seat belts’: The ‘bumpy ride’ of Commissioners Shaub, Shellenberger, and Henderson Part I

(Twenty-eighth in a series)

by

Christiaan A. Hart Nibbrig

“I am very much in favor of the convention center. But I do not support the county of the bond. The convention center must be self-supporting.”

– Molly Henderson, at a public candidates’ debate,

one week before her election as Lancaster County Commissioner, October, 2003

County Commissioner campaigns in Lancaster usually follow a predictable pattern.

Every four years, sometime during January, candidates file papers with the county election board to appear on the May primary ballot. They then spend the next several weeks gathering signatures on petitions to qualify for the spring election.For the major party candidates – the Republicans and Democrats – their time is also spent lobbying the roughly 300 “committee” people in each party scattered throughout the vast county for their “endorsement” votes.

The party endorsements are voted on by the committee members at a conference held at a local hotel at the end of a frigid February. The parties normally close those meetings with two endorsed candidates for the May primary. Occasionally, a party will endorse one or three candidates. But, historically, it is usually two who leave the with the party’s imprimatur.

The spring primary for county commissioner is the most important election in Lancaster County. Not only does it determine which three (of four) people will eventually administer a $300 million annual budget, but also who will staff and oversee the fourth largest workforce in the county. Lancaster County is big business.

The commissioners are also empowered to impose taxes, as they did controversially with the hotel room tax in 1999 to finance the convention center. The job comes with a nice $80,000 salary (the chairman makes a little bit more), full benefits, a full-time assistant, and all the social prestige a Lancastrian could ever want.

Other major county offices, including the county District Attorney and judgeships, are also decided in a commissioners’ election year. In 2003, Donald Totaro, an incumbent, who would play a central role in the lives of the next board of commissioners, was the Republicans’ endorsed choice for DA. Lancaster County’s voting demographics are somewhat peculiar. There are close to half a million people scattered about the county’s mostly rural 940 square miles. About 300,000 of them are registered to vote. In the mostly (95+%) white county, Republicans out-number Democrats almost two to one. In the ethnically mixed, poorer city, where 50,000 people live, Democrats outnumber Republicans by a more than two-to-one margin for the approximately 35,000 registered city voters. (There are also about 5,000 non-Democrat and non-Republican voters in the city.)

Complicating the political calculus is Lancaster County’s enormous size and more than 60 townships, boroughs, and municipalities, some of which have differing and competing local interests, and are run mostly autonomously by regional power brokers and local boards.

After the primary, where about one-in-five make it to the polls, the top two vote-getters from both parties (endorsed or not) appear on the November general election ballot.

Party-endorsed candidates are able to use many of the party’s resources, including campaign funding subsidies. For example, the parties subsidize mass mailings; very important in a county whose diffuse electorate make it logistically difficult to knock on all the doors.

Commissioner candidates of both major parties in Lancaster County typically spend the summer before the general election attending corn roasts, chicken BBQs and fish fries, fundraisers, park clean-ups, coffee klatsches, canvassing, and picking up political endorsements wherever they can find them.

In September, the yard signs emerge, seemingly overnight, on freeways, street corners, front lawns, windows, blanketing the large county with cardboard messages. At a series of fall “debates,” the candidates answer canned questions with canned, over-rehearsed responses, with the same stale jokes and punchlines. The Republicans, at some point (usually in closing remarks), invariably invoke the name of Ronald Reagan as a kind of benediction.The substantive positions on the issues – regardless of party – are virtually indiscernible. All are for reducing taxes, improving schools, preserving farms, revitalizing urban areas, and wiping the chins of senior citizens.

The candidates hold court at autumn fair booths, and march in country parades straight from a Norman Rockwell canvas. Letters to the editor from supporters and detractors (both often ghost-written by partisan activists) deluge the opinion pages of Lancaster Newspapers.

After the primary, the process is largely rote and ceremonial for the Republican candidates. They know they will win the election and become county commissioners.

For the Democrats, it is very much a political match to the death. Because of the partisan imbalance of registered voters, the county’s charter requires that one party can have no more than two members on the County Board of Commissioners. For 150 years this has meant that two Republicans would share the board with one Democrat.

By the first Tuesday of November – without exception – two Republicans and one of the two Democrats are elected to the board. This is how it usually goes.

Although the general election results of 2003 did end with the same two Republicans-to-one-Democrat board composition, that is about the only thing that went according to history that very weird campaign season.

And it got a lot stranger.

The 2003 campaign actually began in late 2002, when, in December of that year, eight of the nine final candidates announced their intentions to run in the May primary.

Two of the sitting commissioners, Paul Thibault, the Republican chairman of the county board of commissioners, and Ron Ford, the board’s Democrat, had earlier in the year indicated they would not seek re-election in 2003. Both Ford and Thibault voted for the hotel room tax to support the convention center in 1999, with Thibault playing a leading role in its passage.

By mid-January, 2003, those who had announced intentions to enter the May 20 primary were: Republicans Howard ‘Pete’ Shaub, the incumbent; Richard ‘Dick’ Shellenberger; Dennis Stuckey; James Huber; Steve McDonald; and Scott Martin. The Democrats fielded: Bill Saylor; Jon Price; and Molly Henderson.

Only Shellenberger was endorsed by the Republican party, while the Democrats endorsed all three candidates. This was the first indication the race wouldn’t follow strict convention.

Pete Shaub was not endorsed by his own party at the Republican committee endorsement convention in 2003, as he had been four years earlier. In 1999, he had been the top vote getter of all the candidates, beating his running mate, the un-endorsed Paul Thibault, by almost 1000 votes.

Shaub, 48, was a fit, good-looking, nattily dressed, former marine, employed as a construction executive. He also worked as an auctioneer for the family’s auction business.

Shaub had never held elected office before becoming commissioner, though he was Republican committeeman and a state committeeman. Shaub, originally from the southern portion of the county was a neighbor of one of the state’s most powerful political figures. “I consider Pete Shaub to be a friend,” said Rep. John Barley, the powerful state House Appropriations chairman in 1999, endorsing Shaub.

In Shaub’s four years in office he often clashed with Thibault, and was getting a reputation of something of a tightly-wound, unpredictable official. One night, he was stopped by park rangers at a county park after the park was closed with his teenage daughter and one of her friends. Shaub’s explanation: they were conducting a Bible study.

Dick Shellenberger, a 57 year-old restaurant owner, had no political experience at all. He belonged to and was very involved in the Cavalry Church, a locally prominent house of worship in Christian-obsessed Lancaster County.

Shellenberger, pleasant and gracious, was a social conservative typical for the mainstream of Lancaster County. Tall, with a straight back and a nice head of hair, Shellenberger looked good in a suit. He worked in restaurants all of his life, and recently owned a local eatery with his wife, Pam.

Shellenberger was something of the darling of the party in 2003. He raised the most money and got the most votes. He even drew the top spot on the ballot for the May primary, which was a random draw. His campaign events were accompanied by songs like “This Land is your Land,” and “God Bless America. He came with the GOP endorsement, and everyone seemed to like Dick.

Dennis Stuckey, 50, was the sitting county controller in 2003. Bland, portly, Stuckey generated little enthusiasm in the party. He was supported, however, by GOP leaders such as Lancaster Mayor Charlie Smithgall and current Commissioner Paul R. Thibault, two of the convention center’s most ardent advocates.

James Huber was a 68 year-old a former four-time commissioner (1987-1995), was attempting an unlikely (and unendorsed) comeback. This was Huber’s second comeback, and his bid was looked upon as a longshot.

Steve McDonald, 39, the county recorder of deeds, was also a social conservative in the crowed field. Blow-dried, with a sunlamp tan, McDonald’s style didn’t resonate with the rank-and-file county Republican voter.

The last Republican commissioner candidate was Scott Martin, 30, who was a full-time worker in the county’s Youth Intervention Center. A former football player in the Arena League (and very briefly affiliated with the NFL’s NY Giants), Martin,was considered a far fetched candidate. In March of 2003, Martin had to explain the embarrassing revelation that he was actually a registered Democrat. He called it a “mistake,” and denied he was an actual Democrat.

For the Democrats, Molly Henderson, 49, was a local Millersville product. She was a state and local committeewoman, who formerly headed the city’s Environmental Health and Protection Unit in the Smithgall administration. Henderson, who earned a doctorate in Public Health from Temple, though without electoral experience, was a confident and energetic candidate, and indefatigable campaigner.

Henderson was able to collect a broad range of support, which reached across the aisle and included John S. Shirk, former Republican Manheim Township Commissioner and committeeman. Her campaign co-chairman (an honorary but significant post) was outgoing commissioner Ron Ford. (Ford was also the honorary chair of another candidate, Jon Price.)

In addition to the Lancaster Democratic Committee endorsement, Henderson was also supported by Rep. Mike Sturla (D), the Lancaster Untied Labor Council, and the AFL/CIO.

Henderson ran for the Democratic nomination for in 1995, and lost a close race to Ford and Saylor.

“I am not afraid of controversy,” Henderson said during the 2003 campaign. “I stand up for what I believe, even when my job is at stake.”

Bill Saylor, still handsome and sharp at 74, was a former WGAL on-air news personality, and was running for the third time for the post of commissioner. In 1999, he lost to Ron Ford, by fewer than 200 votes. Diffident and aloof, Saylor, also of Millersville, had a difficult time having people warm up to him.

Finally, there was Jon Price, a boyish 33 year-old Clay Township supervisor. Price was from a politically active and well-known local family, but was seen as the darkhorse in the three-person field.

Before the primary, the positions of all the candidates regarding the convention center project can only be described as uniform and positive toward the project. Here is what the contenders said prior to the primary on the issue:

SHAUB: “Lancaster County should support the downtown convention center and hotel.”

SHELLENBERGER: “The hotel tax provides revenue for our visitors bureau, which in turn, if used wisely, will attract more tourists to the county.”

SAYLOR: “The worst thing possible would be for the convention center to be built then fail.”

HENDERSON: “The community accepted this project years ago. Dozens of revitalization projects—public and private—are based upon its completion.”

The rest of the candidates supported the project unreservedly.

The temperature on primary election day, May 20, 2003, was mild, with the mercury reaching the mid 70s. Election officials reported a voter turnout of 21 percent among the county’s registered Republicans and Democrats. A total of 49,630 ballots were cast on that day.

The official results:

Republicans

Shellenberger 21,823

Shaub 15,465

Stuckey 11,377

Huber 10,737

McDonald 4,215

Martin 3,820

Democrats

Henderson 6,272

Saylor 4,802

Price 4,565

At this point, it appeared the fall election would go according to script. Shellenberger and Shaub would be elected, and either Henderson or Saylor would join them. And this did occur.

But something would happen on the way to the general election, and it would change Lancaster history forever.

[End of Part I of III. Next Installment: "A wild card enters the race (and changes everything)"]

###

“All out war” – 2002

Posted on October 2nd, 2009

“All out war” – 2002

(Twenty-seventh in a series)

By Christiaan A. Hart-Nibbrig

“It is all-out war at this point. Now it will cost them some money. We are going to exact payment out of them.”

– James O. Pickard, Chairman of the Lancaster County Convention Center Authority (LCCCA), referring to the 11 hotel operators who, for the second time, were filing a lawsuit against the LCCCA, December 2002

Sponsors of the convention center and hotel project were riding waves of victory at the close of 2001 and the beginning of 2002.

On September 12, 2001, decorum be damned, with bodies still smoldering beneath the rubble of the World Trade Center, the Lancaster County Convention Center Authority decided to hold its scheduled meeting to determine which firm would manage the public convention center.

Rejecting the recommendations of its own appointed task force, industry experts, the local tourism bureau, and the great majority of the county’s hotel and motel owners, the LCCCA voted to name Pittsburgh-based Interstate Hotels to manage the convention center. Interstate had already been hired by Penn Square Partners to manage their ostensibly privately-owned hotel.

In December, after a ten-day trial, Lancaster County Court of Common Pleas Judge Louis J. Farina repaired to his chambers to write the opinion for the court in the case in which 11 county hotel operators sued the LCCCA, the city and county of Lancaster.

When he emerged, in early January, 2002, Farina, after having gutted the hoteliers’ case with a number of devastating preliminary rulings the previous summer, decided against the hoteliers on all counts.

The bottom line rulings: the hoteliers did not prove that the “burden” of the room tax outweighed the “benefit” from spillover business the center would generate; the room tax was Constitutional; and the ‘Armstrong Amendment’ of 1999 was not “special legislation,” and would therefore stand.

It was a clear and decisive win for the sponsors, but far from the final battle of this increasingly nasty civic conflict. Within days, the same 11 hotel owners filed an appeal with the Commonwealth Court.

On January 24, in a 6-1 ‘en banc’ (full, seven-judge panel) written ruling, the Commonwealth Court remanded the case back to the Common Pleas Court in Lancaster and back to Farina. The appellate court decision was sharply critical of Farina’s judgment, writing, at one point, “This doesn’t make sense.” The Commonwealth Court essentially told Farina, ‘Get it right this time.’

The LCCCA responded by hiring renowned and politically well connected Philadelphia lawyer, Richard A. Sprague, to petition to have the case heard not at the county level, but elevated to the State Supreme Court. Sprague, whose long career included defending the rich and high profile, including basketball superstar Allen Iverson on gun charges, was and is a “power lawyer” of tremendous clout in the legal community throughout the state.

The Sunday News,with its usual equanimity, reported on its front page, February 24, 2002:

“Convention Center on the edge/Authority files with Pa. Supreme Court, citing fears project could be killed by hoteliers’ lawsuit”

The article reported a Penn Square Partners claim that Marriott had given a firm deadline in which construction must begin on the project. That date was said to be March 23, 2003. Similar to the supposed demand from Marriott regarding a common manager for both the hotel and convention center, the Partners did not produce a document confirming the Marriott ultimatum. The record does not show any reporters from Lancaster Newspapers – one of the two major Penn Square Partners – asking for, or reporting the contents of any Marriott document in either situation.

Despite the lack of corroborating documents from Marriott, Chairman Pickard took the threat from the Partners seriously. “If we don’t start the project by March 23, 2003, the project is dead,” he said.

Penn Square Partners’ spokesman, Nevin D. Cooley said at the time: “Were Marriott to withdraw from the project, then obviously, our interest in the project goes away, too.”

In his petition on behalf of the LCCCA, Sprague asked the Supreme Court to take immediate control of the now almost two-year old lawsuit.

The hotel operators were again represented by Mette, Evans, & Woodside, the Harrisburg firm that had represented them since the beginning of the litigation. The hoteliers were making the same original claims, plus arguing that the project had changed so substantially since first adjudicated by Farina that the entire “burden/benefit” question should be re-examined.

Sprague’s petition included the following: “It is the present intentions of the builders of the… hotel [Penn Square Partners] to withdraw from the project unless construction of the convention center commences by March 23, 2003.”

The hoteliers were attacked from several other fronts. Mike Sturla, the democrat state assemblyman representing Lancaster, went public and was quoted saying: “If this [hoteliers' lawsuit] is nothing more than a delay tactic to hold up the project long enough so it goes away, then they’re doing a disservice to everyone. They should let it be known that their objective was for it to die on the vine, not truth, justice and the American way.”

The words got uglier, more warlike. At the February, 2002, LCCCA public meeting, scant months after the 9/11 attacks, Lancaster Mayor Charlie Smithgall stepped to the microphone, turned to the hoteliers in the audience, and called them, “economic terrorists.”

At a republican committee meeting a short time later, Mayor Charlie Smithgall’s wife, Debbie, stepped onto the battlefield, allegedly telling her apparently armed (and licensed gun dealer) husband, “I’ll take that gun out of your pocket and blow that son of a bitch away.” The “son of a bitch” in question was one Bernie Schriver, a fellow republican, who had the gall to present the reticent Mrs. Smithgall a flier critical of her husband’s role in the project as she entered the meeting room. Police reports were made; charges were not filed.

The Lancaster City Council also took shots at the hoteliers as they pursued their case. The Council in a resolution, written by Councilman John Graupera, and sent to the Supreme Court as an amicus curae brief (‘friend of the court’), wrote: “the actions of the hoteliers are not defensible.”

Richard Sprague was successful in persuading the state’s highest court to decide the case on an expedited timetable, a move that was met by project sponsors with jubilation.

The Lancaster New Era ran a front page banner headline and accompanying article on April 24, 2002:

“Big win for center, hotel/Pa. top court’s decision to hear controversial case delights backers of proposed convention center, hotel for downtown Lancaster. A favorable ruling soon might allow construction to begin in early 2003.

“In what supporters are hailing as a major victory, the state Supreme Court decided Tuesday to take fast-track action on the fate of Lancaster’s downtown convention center and hotel. . .”

In the first week of May, 2002, attorneys for the Authority – Sprague and Scott Spencer of the Stevens & Lee firm — and those representing the hotel owners – Christopher Conner and Kathy Simpson from Mette, Evans — submitted written briefs before the State Supreme Court. The LCCCA submitted 50 pages of argument and 92 pages of supporting documents, like the City Council resolution.

“The hoteliers should not, in effect, be permitted to destroy this important economic stimulus project by delaying it, when they cannot succeed on the merits of their challenges,” the Authority’s brief states.

The hoteliers filed a 42-page brief, largely relying on the Commonwealth Court’s en banc ruling of January, 2002.

When the Supreme Court still had not decided the case by the end of June, the sponsors of the project again sounded an apocalyptic knell regarding the project’s future.

A Sunday News front page article on June 30, 2002:

“Court’s silence may force decision on center/Authority chairman says convention project at ‘crisis point’; to call meeting on fate if Pa. Supreme Court doesn’t act by Friday”

This article was striking because of the extremist language the sponsor Lancaster Newspapers editors used in socially conservative Lancaster County. According to the article, the Court’s delay “could mean aborting plans to build a convention center and luxury hotel in downtown Lancaster.” And High spokesman, Tom Smithgall, said in the same item: “They’ll [hoteliers] try to do anything they can to kill this project.” [emphasis added.]

Pickard backed off his “crisis” mentality at the July LCCCA meeting, vowing continuing support of convention center and saying there was “no plan to abandon project.”

The Convention Center Authority and its supporters got the news they were waiting for on July 16, 2002, when the State Supreme Court, in a 13-page ruling written by Chief Justice Stephen Zappela affirmed Farina’s decision and rebuking the Commonwealth Court’s remanding the case back to the lower court.

The lawsuit was not completely settled, however. The Supreme Court said there were remaining issues that should be decided by the appellate Commonwealth Court for an “expeditious review.” Those issues included whether the so-called ‘Armstrong Amendment’ was “special legislation” specifically intended to help only the Lancaster convention center project. The plaintiffs’ claim that the project had substantially changed in size, scope, and cost was also to be heard at the appellate court.

In the second week of September, 2002, both sets of lawyers went before the Commonwealth Court in Harrisburg. Three weeks after oral arguments were heard, on October 4, the Court returned its decision: Another complete victory for the Authority and sponsors of the project. The decision was unanimous.

“Hey, we are the clear winners and they are clear losers,” gloated Pickard to Lancaster Newspapers.

The hoteliers were not prepared to accept this defeat. Taking the advice of one of the jurists on the Commonwealth Court, the same group of 11 plaintiffs filed another suit. “The project had unquestionably changed,” says one of them today, the Continental Inn’s, Gleiberman. “It was much bigger and much more expensive. And when one of the judges on the appeals court suggested, during open oral arguments, that we file a second lawsuit arguing that fact – that it was a completely different project than the one Farina looked at — that is exactly what we did.”

The reaction from the sponsors on the new litigation was swift, brutal, and united. In a rare joint press conference, on December 6, 2002, the top Lancaster county and city officials, along with Chairman Pickard, expressed their collective outrage at the hoteliers, and their intention to counter sue them under the Dragonetti Act, which addresses the issue of filing frivolous lawsuits.

At the press conference, County Commissioner Ron Ford said the hoteliers “are holding the people of Lancaster County hostage to their own self-interest.” Mayor Smithgall was there to say he wanted the hoteliers accountable for the “serious economic harm” he said they were bringing to the city. And County Commissioner Chairman, Paul Thibault, said: “This extremism has got to come to an end,” adding the owners of the Eden Resort, Drew Anthon and Peter Chiccarine had a “war to the death mentality. They won’t stop until they’ve killed this project that will be a benefit to them and everyone else in the county.”

The hotel operators, who continued to be taxed for every room they rented, didn’t see things in quite the same way. And in the coming year, the opponents of the project would be getting some unexpected and very powerful support. The nasty war was about to get a lot nastier.

Uncommon management: PSP flexes muscle

Posted on September 19th, 2009

Uncommon management: PSP flexes muscle

(Twenty-Sixth in a series)

by Christiaan A. Hart-Nibbrig

“I don’t like the way this process has played out. I have felt like I had a gun to my head.”

– Garth Sprecher, Lancaster County Convention Center Authority (LCCCA) board member, after voting to appoint Interstate Hotels the common manager of the convention center and hotel, September 12, 2001

If the lawsuit between county hotel owners and the government sponsors of the hotel and convention center project was among the first early skirmishes in the bloody civic civil war in Lancaster, then the fight over who would manage the taxpayer-financed convention center was its first major battle.

The sparks that ignited this early conflagration were lit in the summer of 2000. In July of that year, after months of looking at the tourism and convention center market, a nine-member, LCCCA-appointed “Tourism Task Force” went before the LCCCA board and recommended the board expand the size of the convention center from 61,000 square feet to at least 100,000 square feet.

“We strongly recommend the authority employ further research to study why the convention center should be initially designed and built to be no less than 100,000 net square feet of exhibit space,” said Bradley Clark, chairman of the task force and member of the LCCCA board of directors at the July meeting.

In addition to Clark, a commercial realtor, the task force members included three representatives from the hotel industry; two restaurant executives, a theater director, a Lancaster Alliance director, and two members of the county visitors’ bureau board of directors.

The next month, at the August, 2000, LCCCA meeting, the board commissioned PricewaterhouseCoopers (Pricewaterhouse), an international hospitality consulting firm, to examine the viability of a larger convention center facility, and essentially re-size and update the Ernst & Young market analysis of 1998. The cost of the new study: $77,000.

As it did with the Ernst & Young report, Lancaster Newspapers reported that Pricewaterhouse was conducting a “feasibility study.” This was misleading. Pricewaterhouse never claimed it to be more than a market study, nor did it perform a genuine feasibility study.

Both the Ernst & Young and Pricewaterhouse reports recommended a single or “common” manager for the hotel and convention center. The Ernst & Young report was commissioned by the Lancaster Alliance, three of whose founding members comprised Penn Square Partners, the ostensibly “private” owners of the hotel.

At the LCCCA meeting on November 8, 2000, representatives from Pricewaterhouse delivered their findings to the board and the public. The meeting did not go without incident.

The Pricewaterhouse consultants estimated construction costs for the larger facility could reach $35 million, which could support a facility as large as 114,000 square feet – nearly double the original projected size.

The increase in cost, from the previous high estimate of $30 million, would fall directly on the taxpayers, particularly the county hotel owners.

During the public comment portion of the meeting, after Pricewaterhouse presented its report, Peter Chiccarine, an executive with the Eden Resort, and a litigant against the Authority, exchanged angry words with Pickard and the Authority’s solicitor, John Espenshade, who was also the county solicitor and partner at the powerhouse Stevens & Lee law firm.

Espenshade threatened to call the police to escort Chiccarine out of the building.

“I was set up,” said a disgusted Chiccarine to reporters as he left the meeting.

In January, 2001, the LCCCA mailed approximately 20 requests for proposals to potential managers of the convention center. By March, the board had winnowed the number to five firms, and by May, 2001, three companies made the ’short list’ as finalists: Spectacor Management Group, Global Spectrum; and Interstate Hotels.

All three firms were based in Pennsylvania, and experienced managing large and small conference and convention centers nationally. Spectacor, headquartered in Philadelphia, had the most experience with convention centers, managing more than 90% of the public convention space in the country, including several of the largest facilities in Pennsylvania. Global Spectrum, also based in Philadelphia, managed the Philadelphia Convention Center, among other large centers. Interstate, a Pittsburgh-based company, had a long partnership with Marriott Hotels, and also managed many large conference centers, and several convention centers across the country.

In May, and again in August, 2001, the Greater Lancaster Hotel and Motel Association (GLHMA), sent a letter to Pickard and the LCCCA board urging a separate manager for the convention center, distinct from the still-unnamed hotel operator.

“The bottom line is that we opposed a common manager, period,” says Rodney Gleiberman, General Manager of the Continental Inn and GLHMA member, today. “We were not opposing this common manager, or that common manager. We opposed all common managers based upon the inherent conflict-of-interest, and what we knew would be another item to tip the scales in favor of the hotel competing against us on an uneven playing field.”

On July 24, 2001, Penn Square Partners, announced that Marriott had been selected as the hotel ‘flag’ under which its hotel would be built, and that Interstate would manage the hotel.

The next day, July 25, Nevin Cooley, High Industries executive and Penn Square Partners President, urged the LCCCA board to select Interstate as joint manager of both the “private” hotel and “public” convention center.

This is when the battle exploded. The fight was staged on the front pages of Lancaster Newspapers, which found itself with a hot news story in the usually slow ‘dog days’ of August.

Cooley, the doughty, bearded longtime spokesman and ‘right-hand man’ for Dale High, argued that through shared physical space, personnel, promotion, bookings, and other overlapping functions, that the LCCCA could save more than $600,000. This represented more than 40 percent of the estimated LCCCA annual budget. Penn Square Partners would save money, because if the taxpayers, through the Authority, paid for the common space of both the convention center and hotel, it would mean High, Lancaster Newspapers and Fulton would not have to build 12,000-15,000 square feet of public meeting space, a Marriott requirement to carry its ‘flag’.

In Cooley’s appeal to the Authority board, he said – but did not provide a letter or statement corroborating his claim – that Marriott gave Penn Square Partners three months to complete contracts between itself, Interstate, and the Authority. Cooley added that common management was a condition Marriott was placing on its involvement with the project.

A Marriott executive, Roger Conner, in a late August interview with Lancaster Newspapers, contradicted this suggestion, saying, “Marriott does not dictate who must manage convention centers attached to Marriott hotels. We do not have a requirement that we must manage or our franchisee must manage every convention center that’s attached to our hotels. It would be pretty difficult to presume that any policy of such would exist.”

Cooley seemed to have a sympathetic ear in chairman Pickard, who said at the meeting, “The two projects are more or less joined at the hip.”

For the next several weeks, through the month of August, the debate between common and separate managers for the convention center was regular feature on the front pages of Lancaster Newspapers. On August 9, the Intelligencer Journal ran a banner headline and article:

“SPECTACOR MAKES PITCH TO MANAGE CONVENTION CENTER, WARNS OF POSSIBLE CONFLICT IF HOTEL’S FIRM IS IN CHARGE”

The next week, on August 15, the Tourism Task Force came back with its recommendation. By a vote of 7-2, the Task Force recommended Spectacor manage the convention center. The two Task Force members to dissent and vote for Interstate were Jack Howell, director of the Lancaster Alliance, and Deirdre Simmons, a director of the Fulton Theatre, who admitted not to have read or reviewed any of the proposals.

On the same day the Task Force recommended Spectacor, the Lancaster New Era ran a front-page item – “WILL PANEL TAKE ADVICE ON FIRM TO RUN CENTER?” — suggesting that the LCCCA might ignore the recommendation of the panel it appointed.

On August 16, 2001, a group of prominent hoteliers wrote a letter to Chairman Pickard, among other suggestions, stated: “We experienced SMG’s proposal first hand and found their presentation compelling.  We left the meeting optimistic that SMG’s expertise in operating similar Convention Centers coupled with Interstate’s proven track record in successful hotel management will provide the Penn Square Project the best management team possible.”

On August 17, the Intelligencer Journal published an article, WILLOW VALLEY WEIGHS IN ON MANAGER BID,” describing how the management of the Willow Valley Resort, which had been in lockstep with the Partners and the Authority until this point, recommended Spectacor and separate management.

Penn Square Partners went on the offensive, and used the front page of the Sunday News to threaten to abandon the entire project unless Interstate was selected to manage both facilities. On August 19, with a melodramatic, extra bold banner headline, the Sunday News reported:

“DOWNTOWN HOTEL TEETERS ON BRINK // PARTNERS IN WATT & SHAND BUILDING WILL PULL OUT IF CONVENTION CENTER AUTHORITY TAKES ADVICE OF TOURISM TASK FORCE FOR SEPARATE MANAGEMENT AND FACILITIES”

In a letter to the Authority board, signed by all three Penn Square Partners – High, Lancaster Newspapers, and Fulton – the Partners wrote: “Despite the naysayers, Penn Square Partners persisted by investing substantial time, effort and money to promote this vision for a better Lancaster. The opponents chose to litigate and undermine the collaborative efforts proposed by Penn Square Partners and the authority. Their sole goal was to delay, postpone and destroy the project and the corresponding benefits to the community.”

The letter, much of which was printed in the Sunday News article, continues: “If the authority board accepts the recommendation from the task force, Marriott will require the hotel to compete directly with the convention center for meeting and ballroom business.

“…It is the authority’s fiduciary responsibility to create a structure that optimizes the long-term economic viability of the convention center. To recommend otherwise is shortsighted, narrowly focused and only beneficial to the self-interest of a few hoteliers in the community. … Penn Square Partners will not be party to a structure that endangers the economic feasibility of the hotel and convention center project. It would be a greater disservice to the project and the community to proceed under the task force’s recommendation.”

At a LCCCA meeting on August 22, three top hospitality industry experts, each with decades of experience, spoke on behalf of separate management for the public convention center.

One of the experts, Robert Butera, president and CEO of Philadelphia’s Pennsylvania Convention Center, questioned whether, in fact, common management was a condition Marriott placed on Penn Square Partners.

“If that’s what it is, let’s call it that,” Butera said. “But it’s not. It’s a direct subsidy [to Penn Square Partners].”

Much of the Lancaster political and business establishment publicly supported Interstate. These supporters included County Commissioner Paul Thibault, Richard Kneedler, President of Franklin & Marshall College: the School District of Lancaster, and, perhaps the project’s most fervent supporter, Lancaster Mayor Charlie Smithgall, who was quoted at the time, “I don’t care if [Spectacor] is the most spectacular convention center manager in the world. I think it’s better to have Interstate manage it than to have nothing.”

The lobbying leading up to the scheduled, Wednesday, September 12, 2001, vote was so heated that, before dawn, on the day before, September 11, it drew the attention of Knight-Ridder, which picked up the story and ran, Lobbying Intense as Lancaster, Pa., Convention Center Vote Nears.”

The Knight-Ridder article began: “As the vote nears on an operator for the planned Lancaster County Convention Center, the people who will be making that decision are reading letters and e-mails and answering their telephones. ‘I have never in my life received as much information about how I should vote on anything as I have in the last couple of weeks,’ said Paul E. Wright, one of seven appointed Convention Center Authority board members expected to cast their vote Wednesday morning….”

Considering the world-changing events of September 11, 2001, it is startling that the Lancaster County Convention Center Authority would hold its scheduled meeting for September 12.  Banks, schools, libraries – the entire country was closed; its people in collective shock the day after the terrorists’ attacks. But the convention center authority was open for business the very next morning.

Pickard had decided the LCCCA could not delay, by even a single day, the vote on which company would manage a convention center in downtown Lancaster, Pennsylvania.

The chambers at the Southern Market Center were unusually crowded, especially for a morning meeting. Approximately two-thirds of the audience members were in favor of Interstate managing the convention center.

Robert Butera, the industry executive who represented the Philadelphia Convention Center, bluntly told the board that Spectacor was clearly the better choice for the position of manager. The Task Force members spoke on behalf of Spectacor.

Then Dale High himself approached the microphone. High, medium height, in his mid 50s, wearing a business suit, with sloped shoulders, receding hairline, with a neatly trimmed beard, spoke: “This is not a matter of us taking our ball and going home,” he said, speaking on behalf of Penn Square Partners. Then he added, comparing the convention center project to the World Trade Center attack of the previous day (and, as interpreted by many, likening those opposing the plan to the terrorists) , “As we saw with the Twin Towers; these things can be taken away in a day.”

After High spoke, the audience erupted into applause.

One convention center critic said afterward, “It was one of the most cynical things I have ever witnessed.  Using the attacks to justify Interstate was pathetic, but very slick.”

The LCCCA board voted 5-1 to give the contract to Interstate Hotels. (Bradley Clark was not present). The dissenting vote belonged to Camilla Collova, who remarked, “The fact that [Spectacor] knows how to do it elsewhere tells me they can do it here.” Collova left the board the following month, as did Clark.

Mark Moosic, the Interstate executive eventually chosen to manage both facilities, said of the board’s choice of a single manager: “To me, this was a very clear decision. There are a number of synergies that can be used with one manager: minimized expenses by combining staff, sales, and operations between the two. You don’t need two separate leadership teams – two payrolls. There is also greater flexibility and efficiency with one manager.” Moosic also noted that Interstate manages facilities larger and with more complexity than the downtown Lancaster center.

Gleiberman, of the Continental Inn, who spoke at the September 12, 2001 meeting, says today, “I did not, and do not, support common management for this project and do not believe that a single qualified candidate to work both sides of this project was even considered. Our public convention center needs an unconflicted captain at the helm to run the center in the most efficient way to protect its owner – the Lancaster County taxpayer. Time and time again, the presence of a public entity in the project has titled the scales away from the taxpayer rather than the other way around.”

Robert E. Field, a businessman with decades of experience in hotel and apartment development and ownership, and a well-known critic of the convention center project, in retrospect supports the board’s decision: “I agree that the convention center and the hotel should be under common management for purposes of economy and to maximize sales effectiveness,” said Field, who is also publisher of NewsLanc.com. “I hold Interstate Hotels in high esteem. However, it would be essential that Interstate Hotels understands that, in representing the Convention Center, they are working on behalf of all hoteliers and the community, not just the Marriott.”

2000-2001 Part III: Convention Center Authority doesn’t let history stand in the way …

Posted on August 29th, 2009

2000-2001 Part III: Convention Center Authority doesn’t let history stand in the way …

(Twenty-fifth in a series)

By Christiaan A. Hart-Nibbrig

The $15 million grant from the Commonwealth, and the revenue from the hotel room tax, provided the LCCCA with millions of dollars to defend the project in court, and to acquire property for the proposed development.

After buying the Oblender furniture store and properties at 45-49 S. Queen Street and 21 and 23 E. Vine Street for about $1.3 million, the Authority found itself presented with another public relations predicament.

The poorly maintained, but structurally sound, buildings at Vine and Queen Streets were not every day buildings. They happened to be the former home and business of one of the greatest Americans in the country’s history—Thaddeus Stevens.

Stevens, a severe-looking, bald (due to disease), club-footed, republican Congressman during the Civil War and Reconstruction Era, was the moving force behind of the 13th, 14th, and 15th Amendments to the United States Constitution. Those amendments—emancipating African-Americans, giving African-Americans citizenship, and providing African-Americans with the right to vote—are as historically consequential as any in the nation’s history.

Thaddeus Stevens is also credited with establishing widespread free public education in Pennsylvania. For decades, he ran a successful law practice in Lancaster from the Queen and Vine Street location. Arguably, Stevens is the most impactful American to call Lancaster home, far more consequential than the feckless James Buchanan, the country’s 15th President, whose former residence (Wheatland) just west of the city has been lovingly restored.

Another of the buildings acquired by the authority belonged to Stevens’ longtime confidante, the mixed-race Lydia Hamilton Smith who, apart from being a pioneering black businesswoman, was also said by historians to have been a ‘conductor’ on Harriet Tubman’s Underground Railroad network, helping fugitive slaves escape the slave holding South.

The issue confronting the convention center authority was that the location, where the great American Stevens made his home and business, was directly in the way of where they wanted to build their convention center.

Randolph Harris was the Executive Director of the Historic Preservation Trust during these years. Harris, a conscientious historian, was acutely aware of Stevens’ historical significance. Harris was also cognizant that the Trust owned easements on those properties, requiring the Trust’s approval for any alteration done to the buildings. In 1983, the easements had been signed over to the Trust by the last owners of the buildings.

In December, 1999, soon after the LCCCA board was formed, Harris wrote a letter to Pickard advising him of this fact. Pickard did not respond, and by June, 2000, all of the properties were purchased by the Authority.

In early January, 2001, the Trust announced a proposal to create a ‘Thaddeus Stevens and Lydia Hamilton Smith National Historic Landmark’ on the properties. The Trust recommended that the LCCCA restore all of the buildings and create a museum around the Stevens/Hamilton theme.

In February, 2001, Pickard announced the authority would preserve the building facades. Those facades, at the very least, will have to be incorporated into the architecture of the convention center building,” he was quoted in the Lancaster Newspapers. “Overall, the aesthetics will fit in. Even though it’s going to be a new building, we want it to reflect the heritage of Lancaster.”

Pickard clearly bristled at having to address the Stevens property issue. He stated the authority was unaware of the easements when it purchased the buildings in March, 2000. Pickard blamed the company overseeing the sale, Commonwealth National Title Insurance Co., for not making the authority aware of the easements. The authority originally planned to raze the buildings, until Harris objected, citing the easements.

The authority and Trust explored the possibility of integrating the historic buildings into the convention center design. But center planners objected, concerned that it would reduce the size, and jeopardize the viability of the project.

In April 2001, after negotiating with the Redevelopment Authority of the City of Lancaster (RACL), the Convention Center Authority board voted unanimously to invoke eminent domain and relocate, as in physically transport, three of the historical buildings across the street to a vacant parking lot behind the Swan Hotel. Most historians, including Harris and Robert C. Wilburn, president and chief executive officer of the Gettysburg National Battlefield Museum, thought the idea was a bad one.

“For one public body to be making a decision with another public body in a vacuum, without consulting with people who know about historic preservation law, is not wise,” Harris fumed after the meeting to move the buildings.

“This was scripted, orchestrated, ad infinitum,” Harris continued, “(Authority members) wanted to make the perception we were all engaged in this discussion. But it’s a smokescreen. It’s bogus.”

Even staunch project proponent State Sen. Gibson Armstrong objected to moving the buildings. Armstrong, whose wife sat on the board of directors of the Historic Preservation Trust, publicly questioned moving the buildings. “We don’t need any more lawsuits and we don’t need any more problems,” he said to the New Era.

The rhetoric and public relations campaigning on both sides of the historical building issue got heated.

In May, 2001, Pickard sharply criticized a mayor from South Carolina who publicly spoke about preserving the buildings where they were. Pickard blamed the Trust for “lobbying” for its side.

The issue was effectively resolved on May 22, 2001, when the RACL board voted unanimously to nullify the Stevens/Smith easements held by the Trust. The Intelligencer Journal reported Nullifying the easements on the historic properties is valid, as long as the convention center authority buys the Swan Hotel, said Thomas Weber, chairman of the redevelopment authority.

The Authority now could do what it pleased with the properties, and it did.

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"....I have never made it a consideration whether the subject was popular or unpopular, but whether it was right or wrong; for that which is right will become popular, and that which is wrong, though by mistake it may obtain the cry or fashion of the day, will soon lose the power of delusion, and sink into disesteem." Thomas Paine, Common Sense, on "Financing the War", March 5, 1782

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