Are misappropriated funds being used for Centennial Way?

The existing and more than adequate sidewalks along West Washington Street (Now Centennial Way in Phoenix) will be torn up and replaced with wider decorative sidewalks. This project was described by Lynh Bui in the Arizona Republic on Sep 9^th (Phoenix’s Washington Street will receive centennial face lift). This article was discussed previously in the Sep10th post “Governor Brewer to spend $7,000,000 on an unneeded sidewalk”. Actually, as described by Bui, the project includes some new features in addition to the sidewalk. It includes “widening sidewalks, planting hundreds of palm and shade trees, and installing shaded bus stops”. It also includes “commemorative and informational displays ---- and more lighting and shade structures”.

Is this a legitimate use of Federal transportation funds? Given the near total absence of foot traffic (or any traffic actually) on this street, how can it be useful? Certainly it will do nothing to reduce traffic congestion or to repair an essential existing transportation corridor.

Phoenix recently placed contract ST85140038-FHWA (Centennial Way Federal Aid-Transportation Enhancement 2 Step Design build Services). If the money is mostly Federal highway Administration (FHWA) money provided under the Transportation Enhancement program, then it is presumably subject to the restrictions in the following document:

FHWA Guidance

Transportation Enhancement Activities

US Department of Transportation

Federal Highway Administration

Mar 25, 2010 update

www.fhwa.dot.gov/environment/te/1999guidance.htm

The document reveals that, like many federal programs, the Transportation Enhancement (TE) has a deceptive name. The program does not do basic traffic enhancement like reducing congestion. It is a pork program providing funding for non essential frills along transportation corridors. Nevertheless, there are specific and (for a government document) rather succinct limitations on the use of the money. The following list of eligible activities is listed on page 4 of the FHWA document cited above. Note that the items on the list are not examples. The money is only for those items on the list.

Eligible Activities [Revised January 19, 2006]

The list of qualifying TE activities provided in 23 U.S.C. 101(a)(35) is intended to be exclusive, not illustrative.

That is, only those activities listed therein are eligible as TE activities. They are listed below. [This paragraph and the list below were revised on November 4, 2005]

TE Activities Defined-

A. Provision of facilities for pedestrians and bicycles.

B. Provision of safety and educational activities for pedestrians and bicyclists.

C. Acquisition of scenic easements and scenic or historic sites (including historic battlefields).

D. Scenic or historic highway programs (including the provision of tourist and welcome center facilities).

E. Landscaping and other scenic beautification.

F. Historic preservation.

G. Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals).

H. Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails).

I. Inventory, control, and removal of outdoor advertising.

J. Archaeological planning and research.

K. Environmental mitigation

i. to address water pollution due to highway runoff; or

ii. reduce vehicle-caused wildlife mortality

Comparing the preliminary Centennial Way plan (as described by Bui) to the list of acceptable uses of the “Transportation Enhancement” money:

1. trees – this matches item E on the list, and is acceptable

2. bus stops – not on the list

3. lighting – not on the list

4. commemorative displays – not on the list

5. wider sidewalks (discussion follows)

Some might argue that a wider sidewalk is a “facility” for pedestrians. No other item on the FHWA list of approved items can possibly be interpreted to mean wider sidewalks, or even sidewalks.

However, consider the phrase “provision of”. If something is “provided”, then it was obviously not there before. The existing sidewalks along Centennial Way are more than adequate for the sporadic pedestrian and bicycle traffic.

FHWA provides the following examples to explain the "provision of facilities"

	Provision of facilities for pedestrians and bicycles.	New or reconstructed sidewalks, walkways, or curb ramps; wide paved shoulders for nonmotorized use, bike lane striping, bike parking, and bus racks; construction or major rehabilitation of off-road shared use paths (nonmotorized transportation trails); trailside and trailhead facilities for shared use paths; bridges and underpasses for pedestrians and bicyclists and for trails.

"New sidewalk obviously implies that no existing sidewalk is there, and "reconstructed" obviously implies the existing sidewalk is not safe or usable.

Therefore, it appears that the planned Centennial Way project is mostly a misappropriation of FHWA Transportation Enhancement funds.

The Arizona State Flag: Did Governor Brewer ever look at it?

West Washington Street in Phoenix, which leads to the State Capital, is currently decorated with Arizona Flags in preparation for the centennial. At the center of the star is a two foot copper star, representing the pride that Arizona once had in being the nation’s number one copper producer. Presently, the copper stars on the flags are nicely complimented by the Arizona Mining Mineral and Museum at 1502 W. Centennial Way. The museum features copper products and copper mining, as well as the unique Arizona geology that includes extraordinarily rich copper deposits.

However, Governor Brewer and the Arizona Historical Society (as explained in prior blog posts) plan to dismantle the mineral museum and replace it with a 5C Arizona Centennial Museum featuring cotton, cattle, citrus, climate, and copper. The motivation for this change is unknown, but cannot be based on Arizona history. At the time of statehood, Arizona was proud of being the top copper producer, and the flag was designed accordingly.

The flag has no cotton balls, no cows, and no grapefruit. The Governor should look at the 2 foot tall copper star on one of those flags, and think about why it is there.

References:

From www.azgovernor.gov (facts about Arizona)

The lower half of the flag is a blue field, the upper half divided into thirteen equal segments, six light yellow and seven red. In the center of the flag is a copper-colored five-point star. The red and the blue are the same shades as the flag of the United States of America, and it measures four feet high and six feet wide. The flag was designed by Charles W. Harris and first sewn by Nan D. Hayden. Blue and yellow are the Arizona colors, and red and yellow the colors of the Spanish Conquistadores headed by Coronado who first came to Arizona in 1540. The copper star represents Arizona as the largest producer of copper in the nation.

ARS Title 41
CHAPTER 4.1 - HISTORY, ARCHAEOLOGY AND STATE EMBLEMS.
Article 5 - State Emblems.
Sections 41-851 & 41-852.
41-851. State colors; state flag

A. Blue and old gold shall be the colors of the state. The blue shall be the same shade as that of the flag of the United States.

B. The flag of the state shall be of the following design:

The lower half of the flag a blue field and the upper half divided into thirteen equal segments or rays which shall start at the center on the lower line and continue to the edges of the flag, colored alternately light yellow and red, consisting of six yellow and seven red rays. In the center of the flag, superimposed, there shall be a copper-colored five pointed star, so placed that the upper points shall be one foot from the top of the flag and the lower points one foot from the bottom of the flag. The red and blue shall be the same shade as the colors in the flag of the United States. The flag shall have a four-foot hoist and a six-foot fly, with a two-foot star and the same proportions shall be observed for flags of other sizes.

C. The flag represents the copper star of Arizona rising from a blue field in the face of a setting sun.

Some Birthday Present: the 5C Arizona Centennial Museum

Suppose that, on you birthday, a friend gave you the keys to a new little Chevy Aveo. However, after the party, they quietly slipped you a booklet of payment coupons. They actually bought the car on credit using your identity. And, oh yeah, they used you six month old Lincoln Town Car for the trade in.

Would you be happy?

That is about what Governor Brewer did to Arizona when she presented the 5C Arizona Centennial Museum (see the following online news release):

February 12, 2010 (602) 542-1342

Governor Announces Centennial Birthday Present

Privately-funded museum dedicated to telling Arizona’s remarkable story of growth

State of Arizona

Janice K. Brewer Office of the Governor Main Phone: 602-542-4331

Governor 1700 West Washington Street, Phoenix, AZ 85007 Facsimile: 602-542-7601

CONTACT: Paul Senseman psenseman@az.gov, Karen Churchard (602) 364-3723 kchurchard@azot.gov

How she slipped the taxpayers the payment book is explained in the July 21, 2010 blog post entitled “Who will pay for the Arizona Centennial Museum”.

The press release says: “The Governor also explained that no public funds will be used to build this new museum”.

Unfortunately, that’s not true, unless possibly if there is total emphasis on the word “build” as opposed to maintain and operate. The latter is costing taxpayers millions of dollars per year.

And what was the trade in (your Lincoln)? Why that is the top rated and internationally recognized Arizona Mining and Mineral Museum that you already have and have had for over a century and which is a vital part of K-12 earth science education in Arizona. The Governor is putting her “gift” in the very same building. The preliminary plans for the Arizona Centennial Museum that the Governor presented on February 12 show no remaining features of the existing mineral museum.

This “gift” has such a bad odor that thousands of students signed petitions stating: “Governor, please take this gift back”.

Unfortunately, the legislature brushed aside the students’ petitions and accepted the payment book by passing House Bill 2251.

Note: The nine million dollars to be given to the sole source contractor for the interior centennial museum displays will supposedly be paid for with corporate and federal grants. However, as explained in the July 21 post, providing for the facility and administration is going to cost Arizona taxpayers much more than that.

Comment: Apparently centennial museum fund raising efforts have been completely unsuccessful thus far, so there will be great temptation to “borrow” some public funds to finish the “gift” in time for the centennial. Taxpayers need to watch their money closely.

Who tampered with House Bill 2251?

Prior posts have described how House Bill 2251, establishing the Arizona Centennial Museum and transferring the Arizona Mining and Mineral Museum to the Arizona Historical Society, was pushed through the legislature in spite of public protest. One lone Senator did attempt to limit the damage caused by the bill, and prepared an amendment. Four provisions of that amendment are described and explained in the August 15 post (Will the Arizona Centennial Museum comply with the law?)

The original bill, drafted by the Governors staff or by a lobbyist supporting the Governors project, politicized the Arizona Department of Mines and Mineral Resources. Previously, the Director of ADMMR reported to a five member board of governors, thus insulating the department’s activities from political manipulation. The original bill changed that, making the director report directly to the Governor, and opening the door to political mischief.

During Senate meetings preparing the amendment to the bill, a majority of participants agreed that the portion of the bill politicizing the ADMMR was not appropriate. There fore, there was a fifth provision in the amendment that eliminated this inappropriate change to the law. The Governors representatives objected, but the majority, and the Senator, insisted that the board retain control of ADMMR.

Somehow, this agreed upon 5^th provision of the amendment was never integrated into the amendment document that was voted on by the Senate. As signed by the Governor, the law effectively eliminates the ADMMR board. The Director of the ADMMR is now subject to the whim of the Governor.

Who made this unauthorized change in the bills amendment?

What was their motive?

Were they acting under the Governors direction?

What mischief is the Governor planning?

Will the Arizona Historical Society defy the Judge?

Note: See 10/3 correction at end of post.

The Historic League, Inc. is a fund raising arm of the Arizona Historical Society. On September 30^th, they posted the following on www.tastestreasures.blogspot.com

October 14th Tour Planned

“Join the League for the first tour of the season when we visit the Arizona Mining and Minerals Museum. The museum houses a collection of more than 3,000 gemstones, rocks, minerals and numerous exhibits which highlight the mining industry that helped build Arizona. It traces its origins back to the first Arizona Fair held in November of 1884. Under the direction of the Arizona Historical Society since July, it will soon be transformed into the Arizona Centennial Museum spotlighting Arizona’s five C’s. This is your opportunity to see the “before.””

The photo above accompanied the post.

This is not one of the architectural illustrations prepared by the sole source centennial museum contractor for the Governors February presentation. The source is unknown, but the content (or lack thereof) arouses concern.

Someone has edited a photo of the existing mineral museum, and taken out all of the historic mining artifacts that currently surround it. That is consistent with the intent of the Governor as stated in her February presentations and as illustrated by the contractor.

However, as explained in the August 15^th post (Will the Arizona Centennial Museum comply with the law?), one of the provisions in the amended centennial museum bill was that:

• All existing mineral museum items and artifacts would be retained, including the outdoor displays.

Furthermore, retired Arizona Supreme Court Judge and Arizona Centennial Commission co chairman Charles Jones promised that “the historic pieces of equipment and world class mineral and gem collection will remain prominently displayed”. (See July 30 post entitled “Was the Judge mislead about the Arizona Centennial Museum?)

Clearly, the above photo is not consistent with either the centennial museum law or Judge Jones promise.

Who prepared this edited photo?

Why were the “historic pieces of equipment” removed?

Does the History League intend to help the AHS and the Governor defy the Judge?

What is the basis for the History Leagues apparent assumption that the "transformation" will be an improvement? Have they seen plans for the Arizona Centennial Museum?

Correction: After this post was published, a long time mineral museum supporter identified the origin of the photo. It is from about 10 years ago, before historic mining artifacts were placed in front of the building. Trees in the photo but no longer on the site date the photo. The photo has not been edited.

Therefore, the appropriate question is not: why was the photo edited? The question is; why was a photo not including the items the Governor wants to remove chosen for the Historic League post? Was the selection of the old photo innocent, or does it reflect an intent to remove the mining equipment?

An international embarrassment: the 5C Arizona Centennial Museum:

The 5C Arizona Centennial Museum will be an international embarrassment no matter what the quality of its displays may be. That is because of the loss of the existing top rated mineral museum it is displacing and because of the annual Tucson Gem and Mineral Show.

The annual Tucson show attracts over 50,000 visitors a year from around the world. They come from Thailand, China, Brazil, Poland, Italy, Africa, Australia, Indonesia, Canada, Russia, and many other countries. Depending upon which review you read, the Tucson show is either the largest gem or mineral show in the USA, or the largest in the world. Since fossils were added to the agenda, it has been described as the largest natural science show in the world.

The “show” is actually over 40 different shows scattered over the city of Tucson in two dozen different locations. Virtually every hotel and motel is filled with mineral dealers or buyers. Dealer’s rooms become shops by day. Various surveys place the impact on the Tucson economy between 75 million and 110 million dollars. It is the largest annual event in the city of Tucson.

Visitors coming to the two week show spend and average of 20 days in Arizona. About 50 percent take extra time to sight see and take tours. About 20 percent visit museums.

Now, just what might type of museum might attract this international crowd? The existing Arizona Mining and Mineral Museum in Phoenix is an obvious choice, and is closely associated with this international Tucson event. For Arizona to eliminate the mineral museum in favor of another history museum will appear ludicrous.

Each year, the Arizona Mining and Mineral Museum has placed a guest display in the 180,000 square foot main show in the Tucson Convention Center, as do other museums from around the world. Prestigious museums such as the Smithsonian and the Sorbonne have participated in the Tucson show.

Eliminating the Arizona Mining and Mineral Museum will appear incomprehensible to this large crowd of international visitors, especially since Arizona is the number one mining state for non fuel minerals. The huge Tucson show, begun is 1955, is in Tucson because of Arizona’s exceptional mineral resources. Many of Arizona’s mines are world famous among mineral collectors because of the prized specimens those mines have produced.

Why would you close a top rated and internationally recognized mineral museum to build another history museum?

Arizona will suffer international embarrassment.

Note: Statistics for this blog currently (Oct 16th) show viewers in Canada, South Africa, Ghana, Brazil, Japan, Indonesia, China, India, and Vietnam.

58 Geese voted for the Arizona Centennial Museum

Ours is supposed to be a government of checks and balances. Whimsical or corrupt behavior by the executive branch should be held in check by one of the other branches of government. This is especially the responsibility of the legislature, where the combination of House and Senate should restrain bad behavior in the executive branch.

Unfortunately, this carefully designed system failed completely when Governor Brewer and the Arizona Historical Society hatched her pet project, the Arizona Centennial Museum. If the Governor could have attracted private money for her pet project, she could simply have built it. However, like an Egyptian Pharaoh, she wanted to obliterate former legislature Polly Rosembaums pet project (Arizona Mining and Mineral Museum, see Tuesday July 20 blog post) and build hers on the very same spot. To do that, she needed to change the law.

Unfortunately, with the help of Representative Russ Jones and Senator John Nelson, that was all too easy. Aware of public opposition, Jones used a House trick (strike all bill) to avoid a House hearing, and Nelson pushed the bill through he Senate hearing in the face of public opposition. Then, it was easy. On the last day of the legislative session, the rest of the geese simply ran with the flock.

Incredibly, the House vote on the Arizona Centennial Museum bill was 58 to 1 with one representative not voting. Why would such a flawed bill easily attract 58 votes? The apparent answer may be that no one read it. Except for one, the geese simply ran with the flock.

Every one of the 60 Arizona congressmen were provided with information on the serious problems with the bill. Apparently, only one read it or understood it, and voted nay.

Voting without understanding is apparently standard procedure for the Arizona legislature. Not only do they apparently not read bills, they also carefully make sure no one will read it to them. Every session of the Arizona legislature is an “emergency session” to avoid a constitutional provision that bills be read before voting on them.

The Senate did a bit better. There were 9 nay votes and one Senator did not vote. However, 20 non readers or non thinkers voted for the bill.

Senators and Representatives do no appear to be representing the people. Who tells the geese how to vote, and why do they listen?

Note:

The following is from page 36 of “From idea …. To Bill… To Law, The Legislative Process in Arizona”, by State Senator Randall Grant, 2000, available online at www.az/gov

Eventually, the legislature sought to get around the three readings.

The solution was again creative. They simply declared an emergency. (Remember the “unless in case of emergency” in Article IV?) Under this provision, instead of reading the entire bill three times, the legislature only reads the title of the bill three times. So, to this day, one of the very first items on the agenda at the opening of each legislature is to have an emergency declared. Put differently, every piece of legislation passed for a number of years has been passed under an “emergency”.