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Is Middletown Heading for Chapter 9

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    Posted: Feb 20 2010 at 7:34am

Muni Threat: Cities Weigh Chapter 9

by Ianthe Jeanne Dugan and Kris Maher
Thursday, February 18, 2010

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Just days after becoming controller of financially strapped Harrisburg, Pa., in January, Daniel Miller began uttering an obscure term that baffled most people who had never heard it and chilled those who had: Chapter 9.

The seldom-used part of U.S. bankruptcy law gives municipalities protection from creditors while developing a plan to pay off debts. Created in the wake of the Great Depression, Chapter 9 is widely considered a last resort and filings under it are more taboo than other parts of bankruptcy code because of the resulting uncertainty for everyone from municipal employees to bondholders.

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The economic slump, however, is forcing debt-laden cities, towns and smaller taxing districts throughout the U.S. to consider using Chapter 9. As their revenue declines faster than expenses, some public entities are scrambling to keep making payments on municipal bonds. And that is causing experts to worry about the safety of securities traditionally considered low risk.

"People believe that municipal debt is safe based on assumptions that are no longer true," says Kenneth Buckfire, managing director and chief executive of Miller Buckfire & Co., an investment bank that has worked with corporations on restructurings and now is advising municipalities. For example, it isn't safe to assume that governments can raise taxes to cover shortfalls, he says.

Even threatening bankruptcy signals that municipalities are willing to compromise the security of bondholders, says Richard Raphael, an analyst at Fitch Ratings. That makes it harder for cities and towns to raise money from investors and will slow the U.S. economic recovery.

In Harrisburg, which is Pennsylvania's capital and has a population of about 47,000, a March 1 deadline is looming on a payment of $2 million out of the $68 million due this year for the financing of an incinerator plant. The facility has about $288 million in overall debt.

"Bankruptcy is inevitable," Mr. Miller says. "We are in a terrible bind." A budget passed Saturday by Harrisburg's city council didn't include any funds to cover the debt payments, according to the city clerk's office.

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Harrisburg Mayor Linda Thompson, a Democrat elected in November, opposes a bankruptcy filing and has presented an emergency plan that includes selling some of the city's assets. She couldn't be reached for comment. A spokeswoman for the mayor says Ms. Thompson is working on the plan.

Michele Torres, executive director of the Harrisburg Authority, which oversees the incinerator plant, says there are sufficient reserve funds to make the March 1 payment to bondholders. But that doesn't fix the problem. "No matter how perfect the facility runs, it just can't generate enough … to meet the $288 million debt," she says.

Since Chapter 9 was enacted in 1934, just 600 cases have been filed under the code, partly because they require state approval. Some municipalities have found escape hatches, such as raising taxes. The largest Chapter 9 case was filed in 1994, when Orange County, Calif., lost $1.6 billion on wrong-way bets on interest rates.

But many experts fear that a surge in municipal bankruptcy filings is unavoidable. "The day of reckoning is coming," says Michael Pagano, dean of the University of Illinois at Chicago's College of Urban Planning and Public Affairs.

To keep cities and towns from toppling into Chapter 9, more states are likely to make use of state laws to assume oversight of financially distressed municipalities, he predicts. Pittsburgh, for one, has been operating under such a law since 2004.

Vallejo, Calif., a city of about 116,000 people near San Francisco, has been trying to rejigger worker contracts in bankruptcy court since it filed for Chapter 9 in 2008, after buckling under declining real-estate values. Some union contracts expire later this year, and Vallejo is attempting to scrap them and start over.

In San Diego, political leaders have faced outside pressure to file for Chapter 9 bankruptcy protection as a way to get around benefits packages for public workers. San Diego Mayor Jerry Sanders has publicly dismissed the idea.

Last month, Las Vegas Monorail Co., a nonprofit with over $600 million in municipal bonds, filed for Chapter 11. The company runs a 3.9-mile monorail system along the Las Vegas Strip that has been hammered by the downturn. Ridership shrank 21% last year from 2008. According to Fitch, while the monorail is covering its operating costs, default "is virtually certain" on a payment due in July.

Ambac Assurance Corp., the bond-insurance unit of Ambac Financial Group Inc., is seeking to have the case converted to a Chapter 9 proceeding. The insurer contends that the company is akin to a municipality. A judge is set to decide on the petition later this month.

Sandy Hoskins, interim chief executive of Sierra Kings Health District in Reedley, Calif., worked for nearly 30 years as an auditor and financial consultant. He says he never heard of Chapter 9 until October, when Mr. Hoskins filed a bankruptcy petition for the hospital system. "There was no other way around it," he says. With low cash balances, "there were vendors not even willing to do business with us. It was a critical situation."

Mr. Miller, Harrisburg's controller, also sees no way out of the financial squeeze. The city's per-capita debt of $9,500 is the highest in Pennsylvania and triple the debt load of Philadelphia, he says. And selling parking facilities or other properties in a fire sale would cost Harrisburg future revenue. A spokesman for Pennsylvania Gov. Edward Rendell says Harrisburg hasn't sought help from state officials.

"We can't raise taxes; they're already very high," Mr. Miller says. "If we did, people would just leave. It's cheaper to move out to the suburbs."

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VietVet View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2010 at 8:09am
Think Middletown will ever reach the point Harrisburg has as a candidate for Chapter 9? Or, are they positioning themselves to avoid that by having the constant revenue from fed money from all the low income programs they have accumulated? (at the same time, trashing the town) Lord knows, they don't plan to generate any revenue from procuring decent paying jobs. Robinette and company apparently have no plans to make an effort to generate revenue in the same manner as most "normal" towns. They must be too lazy or just not smart enough to make the effort.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote acclaro Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2010 at 9:26am
Vet, you are exactly right. The city of Middletown has an extremely strong balance sheet associated with taking money alleged to be associated with public safety and using it elsewhere. Then, as you said, they have decalred the city a slum to able fed funds to come flowing into the city with hopes they can brownfield everything...and then magically, all new residents and businesses appear. Of course, that will never happen, but the fed money keeps payroll by allowing the accumulation of overhead in areas such as Community Revitalization. Middletown will never be Bankruptcy  through Chapter 9. My gosh, they have the golf course as an asset, the airport,  and many others losing money which they can absorb.
 
I had to chuckel again about that branding slogan, Bright Past, Brighter Future. As Bill stated, its inappropriate grammar to refer to the past in present tense (bright), and brighter is filled with such hyperbole, its laughable. The future looks bright as the AK executives moved out of the city after 100 years, and the hospital moved to Warren County leaving a vacuum? Well, the good news is there is no need for passage of  school levy, library levy, or city tax increase levy as the future is so bright, they apparently have funds flowing in through their hard work. The only activity in Middletown is what Neyer might do, and what's being put in the east end, is non profits. No need to worry about Chapter 9, the city will be pleading soon enough in the nursing homes and the senior citizens building for tose getting a tax break, to pass enough to keep the beast on sirloin raising taxes to 2.0%, all under the illusion of public safety. Remember the movie at Chrstmas, Its A Wonderful Life? There is a part where George is shown what his ton would have been without his impact, I think they called it Pottersville, filled with corruption, greed, control by a few. That's Middletown, run like a rich cattleman with hired guns making sure the special interests always, are provided. Its laughable to think anyone would believe Middletown would ever succumb to Chapter 9. They feast, while the city dies.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Nick_Kidd Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2010 at 11:24am
The City of Middletown has plenty of money for payroll. It comes from the Auto & Gas Fund (that can only LEGALLY be used for street repair), the sewer separation fumd ( that can only LEGALLY be used to separate the combined sewers downtown) and from the enterprise funds that can only LEGALLY be used for their intended purposes. If these funds were used properly, Middletown infrastructure would not be crumbling as it is now and we would not have the crooks in the city building that have destroyed our once fine city. Now they get CDBG money and use it for payroll, instead of helping the citizens of Middletown (especially seniors on fixed income). Stealing money that should keep Middletown competetive to attract businesses, jobs and non-section 8 citizens is a disgrace.
   By the way, the only sign that would attract people and businesses to Middletown would have to say "MONROE," "MASON," or "BLUE ASH." As long as it says "Middletown" with its low performing over funded schools and city government everyone will continue to stay away. As for rebranding, maybe we should have had some third graders (from a more proficient school district) give it a try, I'm sure they could have done as well if not better than our $15,000 consultants.  
Government is not the answer to problems, government is the problem.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Nelson R. Self Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2010 at 3:02pm
Nick -
 
Back In mid-August 2008 Ginger Smith was transferred from the post of Director of Public Works to head-up the new Community Revitalization Department.  This was contrary Ginger's professional desires.  Hence, a certain senior City staff member granted her a nice pay increase to ease the pain.
 
Ginger told me that this senior City staff member would surreptitiously continue to pay her salary/fringe benefits from the Enterprise Fund.  This occurred from 8/2008 until my departure in mid-January 2009.
 
During that five month period alluded to, there were no HUD funds available to add her to the payroll.  Ginger went on to say that in the case of an audit, she'd direct all inquiries to that certain senior City staff member.
 
I thought that you'd want to know.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Hermes Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2010 at 3:02pm
The only way Middeltown would file bankruptcy is if there is something in it for "them". (who ever them is) This town should be sitting on a mountain of money if not for the rate & frequency of "disappearing funds". I agree with Nick, if funds had been used properly the town wouldn't be in such sad shape. But like so many steel towns Middeltown is on the edge of becoming extinct and it's only saving grace is that AK is allowing the mill to continue and now with the coke plant I don't foresee any changes there any time soon. If the coke plant spews the rotten egg smell so famous with coke plants then Middeltown will be a ghost town. It will be all over but the crying.
No more democrats no more republicans,vote Constitution Party !!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2010 at 5:02pm
The "rotten egg" smell was pretty much a common everyday smell in town in the 50's when I was a kid. People just accepted it as a part of living in a steel mill town. Orange oxide smoke billowed from the stacks out at Armco in those days. I lived with my grandparents and you could see the blast furnace and stacks out the kitchen window there on Grand Ave. I'd wash grandpas car in the morning and as it sat out on the driveway, you could hose the iron oxide off the car's finish in the afternoon. Having seen those days here in town, I can honestly say that AK (always will be Armco to me) has cleaned up their act tremendously. People complain about the air now. They should have been here when it was really dirty.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Vivian Moon Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2010 at 5:36pm

Nelson
I think you have just given Ms. Gilleland a heat attack.
Oh the web we weave.....ooops!

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2010 at 7:27pm
Vet:
I distinctly recall Bill Donham standing in front of our corner grocery store on Grand Avenue, pointing to the stacks of the open hearths and stating:
 
"You can judge the economy of this city by the height of the smoke coming out of those stacks!"
 
(I believe this was in response to complaints from one of the few neighbors who did not work at Armco about the kish and Fe3O4/FeO that constantly coated the cars and siding of our neighborhood.)
 
Of course, in those days that was an accurate observation.  Over 7,000 were employed by Armco then, and probably another 15,000 jobs "rippled" from there.
“Mulligan said he ... doesn’t believe they necessarily make the return on investment necessary to keep funding them.” …The Middletown Journal, January 30, 2012
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Post Options Post Options   Thanks (0) Thanks(0)   Quote lrisner Quote  Post ReplyReply Direct Link To This Post Posted: Feb 21 2010 at 12:11pm
Mike, using the trem "kish and Fe3O4/FeO" ran a chill back my back.......a good chill!  I actually enjoyed my time "makin' Pig".
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