Pattye Benson

Community Matters

Phil Donahue

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

March 10, 2013
13 Comments

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.

Defending First Amendment Rights in Tredyffrin Township

November 2, 2012
23 Comments

It has been 8+ weeks, since Tredyffrin Township Supervisor John DiBuonaventuro wrote and posted his September 5, 2012 letter to the citizens on the township website. (click here to read the letter). Over the last 2 months, I continue to receive phone calls, emails and have had many discussions with residents that are troubled and concerned about DiBuonaventuro’s letter and use of government letterhead, government website and government resources for his personal attack of traditional news sources as well a private citizen, who dare to question our government. Subsequent to September 5th, we have learned that DiBuonaventuro’s personal letter and use of government resources, was apparently sanctioned and approved by former township manager Mimi Gleason, township solicitor Vince Donahue and the other six members of the Tredyffrin Township’s Board of Supervisors.

At the September 17, 2012 Board of Supervisors meeting, I read a personal statement (click here for Community Matters post and links to BOS meeting and statement) which addressed DiBuonaventuro’s letter and subsequent email and joint phone call from the township manager and police chief on this topic.

When the framers of our Constitution insisted on Freedom of Speech rights, one of their aims was so that all Americans – no matter their social class or position in our society – could vigorously examine and criticize our government. These rights have throughout our history nurtured our democracy and made us a beacon to the whole world. However, as history has played out, the battle for these rights has proven at times to be hard-won rights that we have to continually fight for and renew. First Amendment rights are a cornerstone to this nation’s government and citizens have a right to discuss issues that are of importance. The freedom is speech is in place for all of us – including the citizens of Tredyffrin Township. Further, freedom of speech includes ‘me’ as a citizen and Community Matters.

In 1996, Pennsylvania federal judge Stewart Dalzell, wrote his opinion in the ACLU v. Reno, the Internet – Freedom of Speech case, “As the most participatory form of mass speech yet developed, the Internet deserves the highest protection from government intrusion. It also deserves a great deal of attention from civil liberties activists who are concerned about free speech, privacy, and universal access – because the larger the scale of a new medium, the greater the temptation to restrict it.” As background, Dalzell, a 1969 graduate of Penn Law School, was recommended by Pennsylvania Senators Heinz and Spector and nominated by President George Bush to fill a judicial vacancy on the federal bench in the Eastern District of Pennsylvania in 1990. He was confirmed by the Senate in 1991.

The last couple of months since DiBuonaventuro’s September 5 letter appeared on the township website have given me time to reflect. Because all township supervisors, the former township manager and township solicitor supported DiBuonaventuro’s letter and use of the government letterhead and resources, I knew that I needed to take a stand for First Amendment rights in Tredyffrin Township. If an elected official is permitted to use the public website whenever they disagree with a news story, what’s next for the citizens of Tredyffrin Township? Where will it stop? What recourse do citizens have — we are not permitted the use of the township website to defend ourselves. The end result … a chilling effect intended to silence all those who disagree.

To be clear, DiBuonaventuro is entitled to his own freedom of speech; he has every right to explain himself, defend, etc. He could write a letter to the editor, make a comment on Community Matters, etc. etc. — I simply do not think it is OK to use Government resources for a personal matter by an elected official.

As a result of the September 5, 2012 letter written by township supervisor John DiBuonaventuro, using the government letterhead, government website and government resources, I sought legal counsel and have retained the services of attorney Samuel Stretton. The following letter from Stretton dated October 25, 2012 was mailed to each member of Tredyffrin Township’s Board of Supervisors. To date, there has been no response.

October 25, 2012

Michelle H. Kichline, Chair
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

John P. DiBuonaventuro, Vice Chair
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Philip Donahue
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Michael C. Heaberg
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Kristen K. Mayock
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Paul W. Olson
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Evelyn Richter
Board of Supervisors, Tredyffrin Township
1100 Duportail Road
Berwyn, PA 19312-1079

Dear Supervisors:

Please be advised I have been retained by Pattye Benson, in reference to a letter of September 5, 2012 written by Supervisor John DiBuonaventuro. This letter was posted on the Tredyffrin Township website. This letter was done on the letterhead of the Board of Supervisors. Attached and marked as Exhibit “A” is a copy of the September 5th letter.

This letter of Mr. DiBuonaventuro, in effect, used Government funds, Government letterhead, and a Government website to respond to a private blog on his personal issues. I believe it is entirely inappropriate to allow a Government official to use Government resources to respond to matters involving his personal conduct. I understand there was and is no policy as to the use of the government website and the expenditure of government funds.

I am asking that this Board immediately adopt a policy so this sort of misconduct and abuse of the First Amendment will not occur again. I am also asking that an apology be placed on the website. Further, I am asking that the letter be rejected by the Board as inappropriate to be placed on the township website.

Further, the letter is inaccurate. The blog “Community Matters” is written by Ms. Benson to raise important community issues. The blog at issue concerned the conduct of the Tredyffrin Township Police Department in not appearing at the two criminal hearings for a member of the Zoning Board. There were two different cases, and both were set for the same day. Coincidentally, neither officer appeared on that day, resulting in the cases being discharged. The failure to appear by two officers was surprising since the Tredyffrin police officers are known to always appear at criminal hearings. Clearly, the failure to appear raised some questions.

The blog “Community Matters” also raised the question about one of the supervisors and his relationship with the Zoning Board member. These are valid issues of public discussion and concern.

The letter, which is dated September 5, 2012, from Supervisor DiBuonaventuro, is essentially a personal attack on Ms. Benson, supposedly defending himself. This type of personal letter has no place on the Board of Supervisors letterhead and no place on the township website.

What is particularly disturbing is the last paragraph on the first page where Mr. DiBuonaventuro, using Government resources, Government letterhead, and the Government website, criticizes legitimate discussions of public business. He calls this a “disturbing trend”. He utilized the Government website to bully “Community Matters” and others.

This conduct, using Government resources to respond to those who speak out or discuss Government issues is unacceptable and should be disavowed by the Government immediately. If Mr. DiBuonaventuro is not able to accept public criticism, he ought to resign as Supervisor. Those who choose to hold public office have my respect. But as part of serving, one has to understand there will be differences of opinion, which should be welcomed as part of the public discussions. To utilize the platform of the Government website and Government letterhead to try to bully bloggers is totally unacceptable and foreign to the First Amendment.

This improper website use and letter has to be put in the context that my client then received a phone call from the Township Manager with the Police Chief on the same line. Clearly, such a tactic has the effect of chilling legitimate speech.

Further, when Ms. Benson spoke to the Township Manager about the letter, the response was an email dated September 7th to Ms. Benson criticizing her and supporting the use of public resources of the Supervisor without approval to criticize public comments.

It is a sad day if the Government resources can be used by Supervisors to defend their own personal issues. But it is a sadder day when the Government resources and the authority of the Government is used to try to chill First Amendment discussions.

I am requesting an apology to Ms. Benson and I ask that a policy be put in place to prevent Government resources to be used for individuals to express their personal dislike or disagreement of articles. It is unacceptable that an individual can use the power of Government to try to bully and prevent legitimate discussions of questionable conduct by Government officials. I will await your advice. I hope to have a response in the next 7 days.

Very truly yours,

Samuel C. Stretton

Community Matters: Your Voice Matters … Except when it comes to C-1 Zoning Change!

September 18, 2012
13 Comments

At the Board of Supervisors meeting last night, Keene Hall was standing room only. Although many residents attended for the public hearing for the proposed C-1 ordinance change, I was surprised at how many stayed until midnight when I had the opportunity to present my personal statement under ‘citizen new matters’. (My statement will appear on a separate Community Matters post)

I thank all the citizens who took 4-1/2 hours of their time on Monday night to show support and to have their voices heard on the C-1 zoning change to permit assisted living usage. Tredyffrin residents spoke out from across the township, Paoli, Berwyn, Strafford, Wayne, etc. not just the Daylesford neighbors. Hours of public testimony and not a single resident voiced support for the proposed C-1 zoning change. Citizens stated opposition for a host of reasons … flawed process, spot zoning, preferential treatment to a developer, should be a conditional use not a by-right use, bed density, safety concerns for patients, increased demand on township’s emergency services, etc. — the list went on and on.

Township supervisors asked many questions of the developer Ed Morris and his attorney Denise Yarnoff, suggesting to the audience that they were not entirely supportive of the zoning change. However, in the end, the questions from the supervisors did not really matter; the motion to change C-1 zoning to allow assisted living facilities passed 6-1. The only supervisor who heard the residents’ concerns and voted accordingly, was Phil Donohue. As the middle district supervisor, it will be interesting to see which side receives his support at the Trout Creek Stormwater Overlay public hearing on October 1, when the issue surrounds his constituent’s backyards.

Unfortunately, for many residents in this township, the overwhelming Tredyffrin voices in opposition to changing the C-1 zoning was not heard by our local government,

Trisha Larkin, president of the Daylesford Neighborhood Association sent the following statement:

Dear DNA Members and Tredyffrin Residents,

A heartfelt thanks to each and every one of you for taking time out of your busy lives to contribute to the cause.

Clearly, last night’s vote was shocking. It’s a painful loss. As a taxpayer and Tredyffrin resident, it’s shaken many of us to our cores. The insight gleaned from the BOS’s final vote leaves me defeated, frustrated and more importantly, frightened regarding Tredyffrin’s future. Joe and I have only lived here 4 years. I can’t imagine how some of our decades-long Tredyffrin neighbors must feel this morning. Heartsick is the word that springs to mind.

To the Daylesford neighbors and Non-DNA members (you know who you are) that attended countless meetings and contributed tirelessly, you’ll never know how much we appreciate you!

I’ve taken calls from 4 lawyers in the last 13 hours saying we have a great case for an appeal stating “spot zoning” pure and simple. That may be true

In closing, perhaps we should ALL keep in mind the six supervisors that flagrantly disregarded our opposition when they run for re-election!

  • Michelle H. Kichline, Chair
  • John DiBuonaventuro, Vice Chair and OUR Daylesford/Western/3rd District Supervisor
  • Paul Olson – 1st District
  • Mike Heaberg – At Large
  • Kristen Mayock – At Large
  • Evelyn (EJ) Richter – At Large

We should note that Supervisor Phil Donahue (2nd District) was the sole supporter of the DNA. He’s got some friends in Daylesford.

I am blessed to have met many of you for the first time via the DNA. I certainly hope to keep in touch and please join our FACEBOOK page to keep abreast of what’s going on in the neighborhood. We love building our network. If you’re out walking by our home, please knock. Join us for a cup of coffee … or better yet, a beer or a nice glass of wine! Our treat! :-)

You’re the best group of people! Thanks for everything!

Kind regards,

Trisha Larkin

Community Matters – in and around Tredyffrin

March 1, 2011
9 Comments

Community Matters . . . in and around Tredyffrin

In one of the biggest property deals since the start of the global financial crisis, the Australian company Centro Properties Groups has agreed to sell its 588 US shopping malls to private equity giant Blackstone Group for $9.4 billion.

The local connection – Centro owns Chesterbrook Shopping Center and Valley Fair Shopping Center! I assume the existing retail leases in these shopping centers will pass with the transfer of sale. Many folks are looking forward to McKenzies Brew House restaurant plans for the old Charlie Brown location at Valley Fair Shopping Center. Here’s hoping that Blackstone will breathe new life into Chesterbrook Shopping Center and find a tenant for the empty Genuardi’s grocery store. And let’s not forget that this corporate sale could mean significant transfer tax revenue to the school district and the township!

In case you missed this one . . . in order to make shelf room for new products, the Pennsylvania State liquor stores is having special discount sale, starting today. Approximately 400 items have been marked down to clearance prices until they are gone.

Last night was the Board of Supervisors Meeting. Notes of the evening included Mike Heaberg’s swearing in as new supervisor by Judge Jeremy Blackburn; recognition of the 300th anniversary of the historic Baptist Church in the Great Valley and certificates of appreciation for volunteer service to Grace Keffer, Bob Haver and Molly Duffy.

By Board of Supervisors appointment, a Sidewalk Subcommittee was formed in March 2010 to look at resident’s wants and needs of sidewalks in the community. The process included public meetings, resident sidewalk survey, observations and discussion and Sidewalks Subcommittee chair Tory Snyder presented the findings and recommendations last night at the Board of Supervisors Meeting. (Here is a link to the recommendations). Surprising some of us in the audience, supervisor Phil Donahue made a motion for the board to accept the Sidewalk Subcommittee recommendations and move it to the Planning Commission to create a draft ordinance. Michelle Kichline seconded the motion and it passed unanimously. Hat’s off to the supervisors for this progressive, proactive show of support for the community! (As an aside, the Sidewalk Subcommittee Green Routes Network recommendation includes St. Davids Golf Club sidewalk in the plan.)

In addition to crafting a draft ordinance in regards to the Sidewalk Subcommittee recommendations, the Planning Commissioners is drafting an amendment to the Subdivision and Land Development Ordinance to give the Board of Supervisors final land development authority. Although there is a Public Hearing on land development authority scheduled for March 21, it was agreed there would be no final decision on that matter until after the sidewalk ordinance is resolved.

I was notified of a an updated ‘Best High School in Pennsylvania’ list and am pleased to report that Conestoga High School continues to receive high marks. Each year, “Newsweek” magazine ranks the nation’s top 1,600 high schools–that’s only six percent of all public high schools in the country. This ranking helps parents and educators set standards for themselves. In 2010, 33 high schools from Pennsylvania, including Conestoga High School, made the list. These schools received high marks from both “Newsweek” and “U.S. News & World Report.”

According to the eHow.com 2011 update, “Conestoga High School is ranked as the No. 502 high school in the nation by “Newsweek” and as No. 79 by “U.S. News & World Report.” It offers more Advanced Placement courses than any other high school, public or private, in Pennsylvania, and had 37 National Merit semifinalists in 2010. . . “ Congratulations Conestoga High School and Tredyffrin-Easttown School District!

Speaking of Conestoga High School . . . the curtains go up tonight on the student production of Phantom of the Opera. The show will run March 1 – 6, click here for ticket information. Phantom is one of my all-time favorite musicals – best wishes to the cast & break a leg!

That is it for now. I look forward to your thoughtful comments and please email me at tredyffrincommunitymatters@gmail.com if you have news or thoughts to share.

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