Pattye Benson

Community Matters

Michelle Kichline

VFES Tennis Courts: Looking for an explanation from TESD President Kevin Buraks

The Valley Forge Elementary School tennis courts are on tonight’s agenda of the TESD. Every time you think that this situation has moved forward, it takes a couple of steps backwards. As a result, it is unclear exactly what is going to come out of tonight’s meeting — will the courts stay or will they go?

At the District Facilities Meeting on Friday, April 12, the committee voted to recommend to the school board that the tennis courts be saved. Having attended the Facilities Meeting, I took that to mean that their recommendation would be discussed at the next regular School Board meeting (tonight). I presumed that the Facilities Committee would first make the recommendation; but then it would be up to the full School Board to ‘act’ on that recommendation.

However, at the same time that the Facilities Meeting was going on, a draft tennis court agreement was sent from the District to the Township. We learned of that proposal at the Board of Supervisors meeting on Monday, April 15 from chair Michelle Kichline. Kichline, with concurrence from Township Solicitor Vince Donohue, suggested legal problems with the proposal … specifically, that the District was asking for stormwater relief from the Township, in exchange for the tennis courts. After all the discussion that has taken place on this topic, it is impossible to understand why the School Board cannot accept that a stormwater-tennis court trade is not legally possible. Why would the School District submit such a proporal to the township that included storm water relief? We were led to believe at the Facilities Committee meeting, that the school district was interested in a reasonable settlement of the tennis courts situation. However, the proposed agreement suggests otherwise. Who wrote this draft agreement … the School District Solicitor Ken Roos?

Beyond the legalities of the proposal, I am struggling to understand how this agreement was sent to the township before the School Board reviewed it. How could the School Board review the draft agreement before the Facilities Committee even sent them their recommendation? Did School Board president Kevin Buraks review the tennis court proposal and authorize its release to the Township? Doesn’t proper procedure count for anything? Where’s the sunshine?

The outcome from the Board of Supervisors meeting was the suggestion for the School District and Township solicitors to prepare the tennis court agreement. Donohue and Roos are left to ‘hash’ out the agreement between the two entities at the taxpayer’s expense. Neither TESD nor Tredyffrin Township can afford the legal expense that has now been created by this situation. With all the talks of cuts in the school district, threats of outsourcing, etc. where’s the fiscal responsibility?

But here we are with the tennis courts on tonight’s School Board agenda. The saga continues …

This Issue is not only Tennis Courts … It’s accountability from elected officials

It is likely that many in our community were not aware of last week’s drama over the planned demolition of the two tennis courts at Valley Forge Elementary School this past Saturday. Through the efforts of many neighborhood members, the courts received a temporary “stay of execution” to allow for further discussion. However, getting the School Board Directors to call off the bulldozers at the ninth hour did not come easily or without a political tug-of-war between the School District and Tredyffrin Township. In the end, the issue wasn’t about a few neighbors crying foul over the proposed demise of their local tennis courts. From my vantage point, this problem has more to do when elected officials and administrators choose to ignore the voices of the community until the situation borders on explosive.

For those that are unaware of what I’m talking about, here’s the brief overview. Tredyffrin Township, on Tredyffrin Easttown School District property, constructed the tennis courts at Valley Forge Elementary School and until 2009, maintained the two courts. In 2009, the Township decided they no longer wanted to maintain the courts and requested that the School District take over maintenance. However, according to TESD business manager, Art McDonnell, the District has never maintained the tennis courts.

The District’s 2008 parking study concluded the need for additional parking spaces at Valley Forge Elementary School — requiring the expansion of the existing lot. I need to point out that the parking lot and its planned expansion is located in the front of the elementary school whereas the tennis courts are in the back of the property. The expansion of the VFES parking would not include the property where the tennis courts are located.

The obvious question to ask … why demolish the tennis courts if the parking lot expansion is not close to the courts. It was the view of the School Board that they could trade the increased impervious coverage and storm water requirements of the new parking area with the removal of the tennis courts. The Board believed that this approach would reduce the parking lot project costs and save taxpayer money. McDonnell claimed that there was an agreement between the District and the Township in this regard.

Shortly before last week’s School Board meeting, Glenhardie neighbors to Valley Forge Elementary School were notified of Saturday’s planned demolition of the tennis courts. Representing her neighbors, township resident Rosemary Kait appealed to the School Board Directors to delay the demolition pending further discussion. Based on the discussion, it appeared that the demolition was required by the township to meet storm water requirement for the parking lot expansion project. Kait left the School Board meeting and went to the Board of Supervisors meeting, seeking resolution.

As the clock ticked down to Saturday’s ‘Demolition Day’, there was a flurry of activity with phone calls and emails from the residents to the School Board and administration as well as the township manager and Board of Supervisors. What quickly developed was a ‘Tale of Two Cities’ – with Art McDonnell claiming that the Township required the demolition of the tennis courts to meet storm water requirements for the expanded parking lot. Township Manager Bill Martin and Township Engineer Steve Burgo countered McDonnell’s claims, stating that the removal of the tennis courts would not reduce the storm water requirements of the additional parking spaces.

In a press release from the Township, Martin takes issue with the way the District is presenting the situation to the public, and states that the District’s “… statement implies the Township requirements ‘force’ you to remove the courts”. Martin suggests, “The District could have easily gone to the ZHB (Zoning Hearing Board) for zoning relief to impervious coverage limit.”

As McDonnell and Martin issued their statements on behalf of the District and Township respectfully, the residents worked behind the scenes – appealing directly to members of the School Board and the Board of Supervisors. Copied on many of the email exchanges, I learned that these tennis courts are regularly used, not just by neighbors but by children in PTO sponsored after-school tennis programs. I also learned that the tennis courts are currently in very good condition; but not because the courts are maintained by either the District or the Township. For several years, at no cost to the Township or District the neighbors have actually maintained the tennis courts.

Believing that there had to be a better solution than demolition, (like a ZHB variance), all the residents were simply asking for delay for further discussion. Although some have suggested that the proposed demolition of the tennis courts is not political, you cannot escape the fact that the president of the School Board Kevin Buraks (D) and chair of the Board of Supervisors Michelle Kichline (R) are completing their first terms and now seek re-election to the School Board and BOS, respectfully. Clearly caught in the midst of this tug-of-war and finger-pointing, the residents planned a 7 AM ‘Save our Tennis Courts” rally.

Supportive of the residents, I planned to attend their early morning rally. Acutely aware that the School District owns the property and therefore has the right to demolish the tennis courts, I believed that further discussion could produce an acceptable alternative to bulldozing. Very late on Friday night, School Board president Kevin Buraks notified the neighbors of the Board’s decision to delay the demolition, pending further discussion. The next monthly TESD meeting is Monday, April 22.

Bottom line … in my opinion, much of the drama over the demolition of the tennis courts and the ninth hour decision to delay could have been avoided. How? Residents deserve better communication and accountability from elected officials. I am troubled by (1) the lack of adequate notification of the District to VFES neighbors of the demolition; (2) misrepresentation or confusion of the related facts (I suggest that you read the conflicting Township press release and the School District’s response) and (3) the overall feeling from residents of unresponsiveness from the School Board and administration.

Normally, I do not comment on Ray Hoffman’s column in Main Line Media News, but I take issue with his characterization of the threatened tennis court demolition. In this week’s column, Hoffman says, “… the recent flak from neighbors over the scheduled demolition of the two tennis courts at Valley Forge Elementary School is Shakespearean at its best, “much ado about nothing,” or an inventive modification of the NIMBY “law” at its worst.”

Mr. Hoffman, I could not disagree more … the proposed tennis court demolition is about much more than about ‘nothing’. It is about accountability and transparency from our elected officials. It is about the public’s trust for fairness from our government. It is about those elected to serve listening to our concerns and working with us for acceptable solutions. Poor accountability erodes our trust.

Democrats and Republicans Finalize Slate of Tredyffrin Supervisor and T/E School Director Candidates

For candidates for the T/E School Board and the Tredyffrin Township Board of Supervisors, Tuesday, March 12 is the last day to circulate and file nomination petitions at Chester County Voter Services for Pennsylvania’s May 21, 2013 Primary Election.

T/E School Director candidates must file a petition signed by at least 10 qualified voters of the school district for the political party with which the petition will be filed. Generally, school board candidates cross-file. To cross-file in a primary election (that is, to run on both parties), a registered Democrat or Republican must circulate a proper petition for the other party. The petition must contain signatures as previously mentioned. If elected on both party ballots in the May primary, a candidate will appear on both party ballots in the general election in November.

The candidates for the May 21, 2013 Primary Election are as follows:

The Tredyffrin Township Republican Committee has endorsed the following candidates for the office of Tredyffrin-Easttown School Director:

  • Tredyffrin, East – Region 1: Pete Connors
  • Tredyffrin, West – Region 2: Rich Brake **

The Tredyffrin Township Democratic Committee has endorsed the following candidates for the office of Tredyffrin-Easttown School Director:

  • Tredyffrin, East – Region 1: Kevin Buraks **
  • Tredyffrin, West – Region 2: Scott Dorsey

In addition to the Region 1 and Region 2 seats in Tredyffrin Township, Easttown Township, Region 3 has two school director seats up for election. I have not confirmed whether incumbent Democrat Anne Crowley will seek a second term or Republican Betsy Fadem will seek a fourth term as School Board Directors from Region 3. I will update the Region 3, Easttown Township candidates for the T/E School Board when confirmed.

For Tredyffrin Township Board of Supervisors, the Tredyffrin Township Republican Committee has endorsed the following candidates:

  • Supervisor at Large: Michelle Kichline **
  • Supervisor at Large: Trip Lukens
  • District 2 Middle:: EJ Richter ** (a)

For Tredyffrin Township Board of Supervisors, the Tredyffrin Township Democratic Committee has endorsed the following candidates:

  • Supervisor at Large: Murph Wysocki
  • Supervisor at Large: Mark Freed
  • District 2 Middle: Laurie Elliott

** Incumbent

(a) Currently serving as a Tredyffrin Township At-Large supervisor, Evelyn Richter will seek re-election; not as an At-Large candidate but as a candidate in the Middle, District 2 race. The current Middle, District 2 supervisor Phil Donahue has decided not to seek a second term.

In a review of the slate of candidates, there are some familiar names and some not so familiar names among the list. Republicans Michelle Kichline and Evelyn Richter are seeking re-election to the Board of Supervisors and Democrat Kevin Buraks and Republican Rich Brake to the T/E School Board. Another couple of recognizable names on the list …Tredyffrin Township Democratic Committee have endorsed former candidates, attorney Murph Wysocki for an At-Large Board of Supervisors seat and pastor/administrator Scott Dorsey for the School Board in Region 2.

Also familiar is the current chair of Tredyffrin Township Planning Commission, Republican Trip Lukens, endorsed by the local Republican Committee as an At-Large supervisor candidate. If you recall, Tredyffrin Planning Commissioner Tory Snyder, a Democratic candidate in the last election, lost by a handful of votes to Republican incumbent Paul Olson, for the District 1 East supervisor seat. For those that regularly attend or watch Tredyffrin’s Board of Supervisors meetings, you may have seen Laurie Elliott at the microphone. A Glenhardie area resident, Elliott has been involved in the Trout Creek Overlay District and the Richter property development project, and now seeks to represent residents as a Middle, District 2 supervisor.

Unfamiliar names on the list (at least to me) are At-Large Board of Supervisor candidate, Democrat Mark Freed and Tredyffrin, East – Region 1 School Director candidate Republican Pete Connors. A quick Google search indicates Mark Freed is an attorney and shareholder at Zarwin, Baum, DeVito, Kaplan, Schaer, Toddy, PC in Philadelphia. Freed concentrates his practice in the areas of environmental and toxic tort law and litigation. Republican Pete Connors of Wayne is the founder and President of Remcon Plastics, Inc. a plastics manufacturer in the custom molding, material handling and safety products industries headquartered in Reading, PA.

As I have done in the past, I will be posting the resumes and/or bios of the supervisor and school board candidates, at some point. I should point out, that there’s still time if you are interested in having your name on the May Primary ballot — remember, it only takes 10 signatures to run for the School Board. Click here for a link to Chester County Voter Services for information.

Paoli Transportation Center Plans Moving Ahead: Darby Road location selected for new train station

Last fall, SEPTA presented three options for the Paoli Transportation Center at an open house at the township building. I received the following SEPTA press release from township manager, Bill Martin who had promised last week that an update was imminent. After reviewing the public’s input and preference on the site location for the new train station, a decision was announced today. Of the three alternatives, the Darby Road Extension was the preferred plan — click here to review the three plans. A map of the Darby Road Extension Alternative is below.

According to SEPTA’s press release, in the Darby Road Extension Alternative plan, “the existing North Valley Road Bridge will be demolished and Darby Road will be extended across Lancaster Avenue over the railroad tracks and with a new bridge to be constructed.” Both the Greenwood and the Plank Avenue options had the train station moving from its current location whereas the Darby Road Extension plan alternative leaves the station in the same place.

It’s exciting to see that the train station project has completed another hurdle in what has been a very long process — thanks to all that helped with this step!

SEPTA Press Release:

Darby Road Site Selected for Paoli Intermodal Transportation Center

PHILADELPHIA, PA (February 13, 2013)—SEPTA, in conjunction with a consortium of stakeholders, has designated the Darby Road Extension Alternative as the preferred site for the proposed Paoli Intermodal Transportation Center.

The Darby Road Extension Alternative was one of three options presented at the October 2012 Paoli Transportation Visions Open House where over 300 residents and community stakeholders provided their opinions on each alternative. After the event, their feedback was compiled and Gannett Fleming presented SEPTA with an alternative analysis report. Both showed the Darby Road Extension Alternative as the best and most favored option. Under this option, the existing North Valley Road Bridge will be demolished and Darby Road will be extended across Lancaster Avenue over the railroad tracks and with a new bridge to be constructed.

“We considered all of the options and opinions presented,” Robert Lund, SEPTA Assistant General Manager of Engineering Maintenance & Construction said. “It was important for us to hear what the community wanted.”

“The demolition of the outmoded North Valley Road Bridge, and the extension of Darby Road, is a smart, community based solution,” Michelle Kichline Chairman of Tredyffrin Board of Supervisors said. “It is a critical first step in the long planned redevelopment of Paoli and the Transportation center.”

Located in Chester County the Paoli Intermodal Transportation Center will be in the heart of the Paoli Business District. It will feature a fully accessible Regional Rail Station that will accommodate SEPTA buses, private carrier shuttle buses, taxis, pedestrians, and cyclists. A large, multi-story parking garage will also be needed as part of the Center. Roadway, streetscape and track improvements are also planned to enhance rail service and improve traffic flow in the area.

“This project is tremendously important to our Paoli community and to the region,” Pennsylvania State Representative Warren Kampf said. “I look forward to working with all stakeholders — especially local residents — and SEPTA on this preferred site. We need to create a Transportation Center that addresses long unsolved problems with the current station, the road network, the parking, the ever-increasing commuter demands and which promises to be a centerpiece of a better downtown Paoli.”

Paoli Station serves approximately 1,300 passengers each day. The station is located along SEPTA’s Paoli/Thorndale Regional Rail Line and AMTRAK’s Philadelphia/Harrisburg Keystone Corridor. SEPTA bus routes 92, 105, 204, 205, and 206 serve the station in addition to private carrier shuttle buses that provide transportation to the Great Valley and Chesterbrook corporate centers.

“The Paoli Intermodal Transportation Center will be a great benefit to the residents of Chester County,” Pennsylvania State Representative Duane Milne said. “The new station will not only allow residents to reach destinations such as Philadelphia or Harrisburg more easily, but it will also benefit the local economy, as well. New businesses will likely open in the area of the new station to accommodate the needs of the many commuters passing through each day. “I am glad that everyone involved in the project came together and made a thoughtful decision on its future location. Having selected a site, now the exciting construction process can begin and this wonderful project will soon become a reality.”

“This is a project that has been literally decades in the making and one that will provide a significant boost to our local economy,” Pennsylvania State Senator Andy Dinniman said. “The new Paoli Intermodal Transportation Center will be a crucial artery for local businesses, commuters, employees and residents throughout the region, as well as a 21st century transportation hub for the downtown Paoli business district. Design improvements will address issues with the current station, such as parking and traffic enhancements and better access for pedestrians, cyclists and buses. But perhaps most importantly, the project will go hand-in-hand with vital rail-line upgrades to Amtrak’s Keystone Corridor train service – upgrades that mean faster trains and shorter travel times for commuters.”

In addition to SEPTA, the Paoli Intermodal Transportation Center project has been guided by a consortium of stakeholders consisting of Tredyffrin Township, Willistown Township, AMTRAK, PennDOT, the Chester County and Delaware Valley Regional Planning Commissions, elected officials, residents and the business community. For more information about the project, visit http://www.paolionthemove.org/.

Question Remains as to When Tredyffrin Supervisors will Authorize the Hiring of 2 Budgeted Police Officers

The question for me at last night’s Board of Supervisors meeting was, “When will the township hire the budgeted police officers?”

The $49 K police operations study by ICMA (International City/County Management Association) police has fueled some ongoing debate. Two of ICMA’s consultants, Leonard Matarese and Paul O’Connell, presented their final report to the supervisors and took their questions at last night’s Board of Supervisors meeting. Their attendance at the meeting was the result of a less than satisfactory attempt at ‘skyping’ at the December supervisors meeting.

O’Connell detailed the consultant’s findings contained in the police department study, focusing on what ICMA determined was the required staffing requirements for Tredyffrin’s Police Department. According to O’Connell, under existing Police Department shift arrangements, the following is ICMA’s recommendation for officers:

  • 34 patrol
  • 3 command
  • 1 community policing
  • 2 traffic
  • 3-6 detectives

The consulting report recommends 43-46 officers; a minimum of 43 officers required to maintain the existing level of safety of the community. If you recall, Police Superintendent Tony Giaimo requested 47 officers at the December 3 BoS meeting and asked that the Board to consider reinstating 47 officers in the 2013 budget. However, the supervisors approved the budget with 42 officers.

There are currently only 39 police officers (actually there are 40 officers listed on the roster but 1 officer is out on long-term disability) in Tredyffrin’s Police Department. The supervisors approved the hiring of 2 officers in the 2013 budget so that would bring the officer count up to 42. Although 42 officers are still below the minimum required by ICMA’s study, and below Giaimo’s requested amount of 47 officers, it was my opinion that 42 officers would be a good start to re-staffing the Police Department.

The consultant’s took the opportunity last night to clarify their report, stating that Tredyffrin Township Police Department is “quite lean relative to other departments of this size”. Supervisor DiBuonaventuro reminded the Board that three years ago, there were 51 officers in the Police Department and encouraged the reinstatement to 47 officers. Taking the opposing view, Supervisor Heaberg’s approach was to recommend ‘less is more’, believing that a lower crime rate indicates a lesser police requirement.

There was discussion as to ways the Police Department could decrease costs beyond adjusting individual shift coverage, which is included in the collective bargaining agreement. Supervisor Kichline mentioned that some municipalities are utilizing non-sworn employees for code enforcement, which would reduce costs. Enhanced penalties for chronic false alarm offenders was another way to reduce Police Department expense that was discussed. The problem is that an officer cannot determine if it is a call is a false alarm until after investigating.

When the opportunity came for citizen questions, I asked the Board when they would authorize the hiring of the two officers included in the budget. Remember, the addition of two officers still keeps the number in the Department below the minimum requirement contained in the ICMA report and below the number requested by Superintendent Giaimo. Although the hiring of two officers is in the 2013 budget, there was not a definitive response as to when it might happen.

Kichline reiterated that the arbitration award had not favored the township and as a result, the Police Department expenses were greater. Bill Martin, the township manager offered that the police health care plan is taking longer than expected to move to the new, less expensive plan. Citizens are asked to participate in a public meeting in March to further discussion the Police Department staffing.

Bottom line, there was no authorization from the supervisors to Superintendent Giaimo for the hiring of the two police officers. And if last night’s Board of Supervisors meeting is any indication, I don’t expect that authorization to happen anytime soon.

When will Tredyffrin Township hire budgeted police officers?

When will Tredyffrin Township hire budgeted police officers?

Looking for answers, today I met with Tredyffrin Police Superintendent Tony Giaimo. I wanted to understand the search for and selection of police officers. As I explained to Giaimo, applicants for police department positions have contacted me over the last 6-8 months, anxious for a hiring update. I learned much about the police department hiring process and thought it worthwhile to share.

Early in 2012, the Tredyffrin Township Police Department advertised the April 14, 2012 physical assessment and written test date for vacancies in the department. According to Giaimo, 130+ individuals applied to take the physical and written exam. In addition to the application form, a physician statement and informed consent form were required.

The physical assessment is judged pass/fail; the written test included multiple-choice questions plus a written narrative. If a candidate passed the physical exam and received an 80% or higher score on the written exam, they moved to the next step. All candidates were notified of the test results 2-4 weeks following the April 14th exam.

Of the 130+ applicants, close to 100 individuals passed the physical test and scored 80% or higher on the written part. The next step for the successful applicants was an oral interview by an Oral Interview Board, composed of three police personnel selected by Giaimo. At the time of the interview, applicants were required to provide education transcripts, military discharge papers when applicable, and three reference letters (other than relative and employers). Failure to provide documents at the interview, disqualified applicants from the selection process. The interviews were conducted between June and August 2012.

Each member of the Oral Interview Board independently scores the oral interviews and those scores are then added to the written exam score. For those applicants that advance to the next step, they receive a polygraph examination. According to Giaimo, the polygraph test is to indicate deception on a pre-determined set of questions. After the polygraph phase, the top list of 15 candidates is prepared. The ranking is based on all phases of the test process to this point. For those 15 candidates, the next step is a background investigation by the Tredyffrin Township Police Department including previous employment, education record, military record, criminal history, credit rating, etc.

The next step is a conditional offer of employment. Hiring is contingent upon successful completion of psychological and physical examinations and selection by the Police Superintendent. (I believe this part of the examination process takes approximately 4 months.) Once this conditional phase is completed, the cadet serves a two-year probationary period.

At the start, prospective applicants are told that the process takes approximately 6-8 months from the time the exam is taken – in this case, the exam was given on April 14 so if they successfully completed each step, vacancies were to be filled somewhere between October – December, 2012.

I received a call from a father of one of the cadets that is on Tredyffrin Police Department’s ‘short list’ in early January, looking for an update. I assured him that the township would be hiring 2 police officers shortly. I was confident giving this response for the following reasons, (1) the police contract was settled; (2) the ICMA consultant’s study (pg. 11) suggested a minimum of 2 additional officers were required to maintain township safety levels and (3) supervisors approved the 2013 budget that included 2 additional police officers (with the possibility of a third officer added sometime during the year).

The focus of my meeting with Superintendent Giaimo was to find out the hiring date of the two police officers. Remember the cadets were told last April the application process would take approximately 6-8 months; it’s now 10 months!

I could not believe Giaimo’s response today re the hiring of police officers; telling me that he had not been authorized to hire. What? That’s right folks. The police contract was signed in December and the 2013 township budget approved (which included the hiring of the two officers) but the Board of Supervisors have not given Giaimo permission to hire the two officers. Gosh, even pg. 11 of the ICMA police department study indicated the township needed to hire two officers to maintain satisfactory safety levels.

Giaimo assured me that he has the ranked list of candidates ready to go — all he needs is the OK from the BOS to make the offers. If you think that adequate staffing of our Police Department is an important issue, you may want to attend the next BOS meeting on February 11 and offer your opinion.

Kichline & Heaberg defend $49K Police Department study, but don’t address hiring additional police officers

Tredyffrin BOS Chair Michelle Kichline and Vice Chair Mike Heaberg have co-authored an editorial on the township police department with the stated purpose to offer facts, history and perspective. (Click here to read the op-ed). Appearing in the Main Line Suburban, their response focuses on the recent police-township contract negotiations and the township’s $49K police consultant study. (On a personal note, I would like to thank the supervisors for appropriately using media for their op-ed rather than the township website.)

According to Kichline and Heaberg, the average wages per Tredyffrin Township police officer is $101K in 2013 with an additional $77K annually in healthcare, pension, life insurance benefits for officers and their spouses/dependents. We know from reading the police contract that retired police officers receive healthcare benefits for life and this is reiterated in the article. It is important for taxpayers to realize that the Police Department budget accounts for almost 50% of the township’s General Fund budget – for 2013, that cost is $8 million.

According to Kichline and Heaberg, the “BOS attempted to negotiate a termination of some benefits for new police hires only, but when the discussions did not progress, the decision was made to go to arbitration.” Their explanation differs from the explanation given to me by representatives of the police department. According to my sources, there was no negotiation but rather the arbitrator for the township took the police contract to arbitration after only one meeting. After nearly a year, we learned in December that the independent arbitrator’s decision favored the police department.

Regardless if the BOS attempted to negotiate with the police prior to settlement, the township’s cost of arbitration was not included in Kichline and Heaberg’s editorial. As I previously mentioned in an earlier post, the township paid $83K+ in arbitration costs. ($14K+ for impartial arbitrator and $$69K for township arbitrators). The total cost for the arbitration is probably closer to $100K as I only received Ballard Spahr billable hours through 8 October, 2012. (Click here for details)

In the op-ed, Kichline and Heaberg defend the $49K spent on the police department study. I am certain that their decision to depend the consulting contract is a direct result of the presentation (or rather the non-presentation) of the police operations study on December 2. This was the BOS meeting where the consultant, Dr. Paul O’Connell of ICMA, was unable to attend the meeting and the idea was to ‘Skype” him in electronically from Connecticut. The Skype attempt failed miserably with the audience and supervisors unable to understand a single word. It was a hopeless exercise and no one could successfully question the consultant in regards to the police department study.

Apparently, at upcoming BOS meeting on February 11, two consultants from ICMA will be available (in person) to respond to questions concerning their study. According to Kichline and Heaberg, ICMA “collected an entire years worth of data on each of more than 23,000 calls for service to our Police. This included type of call, time of day, day of week, response time, number of units responding, time on scene, etc. In addition, they collected staffing and schedule information. This allowed them to analyze the police workload, as compared to our police capacity.”

Obviously, supervisors Kichline and Heaberg are entitled to their personal assessment of ICMA’s consulting efforts of Tredyffrin Township’s Police Department. However, for those that follow Community Matters, you will recall that because I had found ICMA’s presentation so unsettling, I conducted my research on the company. I discovered that ICMA isn’t well loved in some municipalities, with some communities reporting that they overpaid for a cut and paste job rather than an accurate assessment of their fire or police departments. (Click here for details).

There was one question that the supervisors and the residents wanted answered by ICMA’s consultant at the December BOS meeting, “What is the minimum staffing level of police officers required to maintain our quality of service” which seemed to escape a response from O’Connell. In their editorial, Kichline and Heaberg write of their support for ICMA’s police department study yet Kichline commented at the December supervisors meeting that she had read ICMA’s report five times and was still confused as to the number of officers the consultants were recommending.

I am glad that Kichline and Heaberg are committed in their support of the police department, but disappointed that their offer of the “facts, history and perspective” does not address the hiring of additional police officers in Tredyffrin. The 2013 budget included the hiring of two police officers with the possibility of the hire of a third officer during the year. Although the recently settled police contract negotiations may not have turned out the way the supervisors wanted, it should not be used as a roadblock to hiring the additional officers.

Malvern Redevelopment Project — So close, and yet so far away (from Paoli)

Reading Aubrey Whelan’s article in today’s Philadelphia Inquirer, ‘Malvern apartment complex nears completion after 10 years in the works’ had me thinking about Paoli, and the long overdue intermodal transportation center. Malvern … so close, and yet so far away from Paoli.

The Eli Kahn development project in Malvern is transforming – with an estimated $45 million price tag there’s 25,000 square feet of new construction stretching 1,400 feet along King Street. The mixed-use buildings plan has retail shops and restaurants on the first floor with 190 luxury apartments above. Even a Kimberton Whole Foods is planned that may give Wegmans, down the road some competition.

We all understand that projects such as Malvern’s King Street development don’t come without their challenges … how to revitalize in the midst of quaint Victorian facades and street lights … how to move a town into the 21st century without losing the charm of its 18th century roots. Change is never easy and not everyone has shared the vision for Malvern’s future. Media, Phoenixville, Wayne, West Chester – I am sure that all these communities saw their share of resistance to change. But today these towns are testaments to those who had the vision to believe in ‘what could be’ and the passion to ‘make it happen’.

I know that Eli Kahn’s project in Malvern is not the same kind of development as the Paoli Transportation Center. However, Malvern’s mixed-use commercial and residential buildings in the King Street business district (within walking distance of their train station) creates a model for Paoli’s redevelopment plans, beyond just a new train station.

I checked the Paoli on the Move website, www.paolionthemove.org and there are no additional updates since the Paoli Transportation Visions Open House at the township building with SEPTA last October. Frustrated, I sent an email to Michelle Kichline, as chair of the Board of Supervisors, and to John DiBuonaventuro, as the western district supervisor, asking for an update on the project. I also sent an email to Lucille Songhaim, Septa’s Community Relations Coordinator asking the status on the Paoli Transportation Center.

I received a response from Michelle, thanking me for my inquiry and stating, We have been working on a joint update/ press release with SEPTA and Representative Kampf’s office. We expect SEPTA to release it soon. As soon as they do, I will have Bill Martin make sure you get a copy.” I asked for a project update at the BOS meeting on February 11, and I am pleased to report that township manager Bill Martin emailed that he will add the update to the meeting.

No Second Term for DiBuonaventuro as Tredyffrin’s Vice Chair

Attending the organizational meeting of Tredyffrin’s Board of Supervisors last night, all I can say is, “What a difference a year makes!”

Last year with only two years of service as a supervisor (and neither as a vice chair) Michelle Kichline was chosen by her fellow supervisors as chair of Tredyffrin’s Board of Supervisors. Historically, this leadership position would have gone to the most senior serving member of the Board, John DiBuonaventuro. Instead, DiBuonaventuro was named second in command, ‘vice chair’, under Kichline, for 2012.

At last night’s 2013 organizational meeting of the Board of Supervisors, Kichline received a vote of confidence from her fellow Board members for a second term as chair. Then came the vice chair announcement. In what appeared to be a vague cover story, Kichline explained that supervisor DiBuonaventuro had removed his name from consideration as vice chair. She stated that for the next 2 months, DiBuonaventuro will be attending a canine training certification program and he did not think he had the time for the position.

The position of vice chair on the Board of Supervisors is for the most part ceremonial – I attended every 2012 BOS meeting, and to my knowledge Vice Chair DiBuonaventuro was never ‘acting chair’ in Kichline’s absence. DiBuonaventuro does not have time to serve in the ceremonial position of vice chair on the Board of Supervisors but he does have the time to serve as supervisor. Interesting.

The supervisors themselves decide the choice of who serves in the leadership roles of chair and vice chair. With a unanimous vote, Mike Heaberg was selected vice chair for 2013.

2012 proved to be a challenging year for Tredyffrin’s Board of Supervisors and some of their decisions not always popular:

  • C1 zoning ordinance change to permit assisted living (Duffy property in the Daylesford community)
  • 2 Tredyffrin police missing a criminal District Court hearing (due to clerical error)
  • Trout Creek Stormwater Overlay District (Richter property in the Glenhardie neighborhood)
  • Township Manager Mimi Gleason’s resignation and her township consulting contract
  • $49K Police Department consultant’s study
  • Costly arbitration of Police-township collective bargaining agreement
  • $40 Million unfunded retirement liability
  • DiBuonaventuro’s controversial personal letter using township resources which appeared on the township website, resulting in a township ‘communication policy’

Tredyffrin Pays $83K for Police Contract Arbitration, or … was it really $133K?

The Board of Supervisors and the School Board have their first meetings of the New Year this week. As is often the case, Tredyffrin’s Board of Supervisors meeting conflicts with the TESD Board meeting. Scheduled for Monday night is both the Board of Supervisor’s organizational and regular meeting at the township building and the T/E School Board will hold a special school board meeting to consider the 2013-14 budget at the T/E Administration Building. Unfortunately, both meetings are at the same time – 7:30 PM.

The Board of Supervisor’s organizational meeting includes the adoption of the meeting schedule for the various township boards and commissions, naming of emergency service providers, adoption of township fee schedule, legal and accounting reviews, etc.

One of the interesting aspects of the organizational meeting each year is the naming of the Chair and Vice Chair of the Board of Supervisors. The seven Board members nominate and vote on these positions. Historically, these positions go to the longest-serving members on the Board. However, in 2012, that tradition shifted with the naming of Michelle Kichline as Chair. Kichline had only served 2 years as supervisor and neither as a Vice Chair, but received the unanimous support of her fellow board members for the chair position. Having served longer than Kichline, many had expected John DiBuonaventuro to receive the 2012 nod for Chair but instead he served as Vice Chair. The Board of Supervisors saw their share of controversy in 2012, so it will be curious to see if Michelle receives another vote of confidence to continue as Chair and JD to continue as Vice Chair.

After the ceremonious organizational meeting, there is a regular supervisors meeting, including a Public Hearing to “consider and enact an ordinance of the Township of Tredyffrin, Chester County, and the Commonwealth of Pennsylvania, fixing rates of taxation for the year 2013.” We learned at the last BOS meeting in December that the township tax increase is set at 3.1%, down from the 5.5% originally forecast.

Since the December 17th supervisors meeting, we have learned of the Act 111 Arbitration Award issued for the collective bargaining agreement between the township and the police union. Much has been written about the agreement on Community Matters with many comments. If you are interested in details of the 4-year contract (2012-15), I would suggest you review posts from late December. Once the arbitration award was announced, I submitted a right-to-know request for a complete accounting of the arbitration related expenses paid by the township. It should be noted that this is the second police contract in a row that has gone directly to arbitration by the township. In both instances, the impartial arbitrator came down on the side of the police union in regards to the post-retirement benefits. We know that retirement benefits , including pensions and healthcare, were major contributors to the long-standing debate between the two sides.

According to township manager Bill Martin, the arbitration costs to the township (taxpayers) re the police contract is as follows – Michael Zobrak, impartial arbitrator $14,136.46 and township arbitrators John McLaughlin, Patrick Harvey, Brian Pinheiro, etc. billed 273 hours for $69,337.50. If my math is correct, the taxpayers paid $83,473.96 for the arbitration of the police contract.

Below are the details that Bill Martin sent for the township arbitrator costs. John McLaughlin, Patrick Harvey and Brian Pinheiro are all partners in the Philadelphia law firm of Ballard Spahr. The law firm billed the township 273 hours for a total of $69,337.50 which equates to $254/hr on the average. On April 3, 2012 there are 100+ hours billed to the township under the name, ‘PFM’ — I am clueless as to what that means but I will contact the township manager for clarification.

I am struggling to understand these billable hours from Ballard Spahr. It was my understanding that there was little (if any?) movement from the township’s initial position going into the arbitration process. If that is the case, how is it that the total number of hours in 2012 (setting aside the hours from 2011) are so substantially higher than the total billable hours of Michael Zobrak, the impartial arbitrator.

Something else I should point out is that on my right-to-know request in which I asked for ‘costs to date’ was dated January 1, 2013 and Martin’s response was dated January 4th. If you look at the last billing date from Ballard Spahr (below) it was back on Oct. 18, over 2 months prior to the signing of the arbitration agreement on December 23, 2012. It stands to reason that there are additional billable hours yet to be received from Ballard Spahr for those 2+ months, including the review of the arbitration award before its release. I would maintain that the township has not seen the end of the costs — $83K may not be the entire costs.

TT Arbitrator Costs

I would suggest that we should also add the ICMA (International City/County Management Association) police department consulting fee of $49K to the total cost of the police contract negotiations. Much of ICMA’s report was boilerplate language and their specific, cost-savings suggestions would require collective bargaining changes. The way I see it, the township has already spent approximately $133K trying to lower police department expenses. Based on the arbitration award, we know that the police department retained most of their prior contract benefits.

What bearing is the Act 111 arbitration award going to have on the township’s 2013 budget? The supervisors and the finance director Tim Klarich did not have the benefit of a crystal ball in regards to the arbitration award when they calculated the 2013 budget. In addition, we still have the issue that there were 47 uniformed police in the 2012 township budget and the 2013 budget has the number reduced to 42. The 42 uniformed police officers is two more officers than are currently in the department. Now that the police contract is settled, will the supervisors OK the hiring of those two additional officers?

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