Pattye Benson

Community Matters

St. Davids Golf Club

Tredyffrin Board of Supervisors Meeting, 2-8-10 . . . YouTube Video Part IV: Residents Speak Out

Residents continue to offer their opinion on the St. Davids escrow return at the February 8 Board of Supervisors Meeting. Please note that the community members who attended the meeting and offered their remarks where not ‘arranged’ in advance.

If you recall, there was a small group of St. Davids neighbors contacted for the January 25 BOS meeting. It was at that meeting that St. Davids Golf Club did not appear on the agenda, no public notification and yet some of Supervisor Olson’s constituents in the St. Davids area somehow knew to show up (some even had written comments) and support Olson’s motion. Supervisor Olson was absent for the February 8 meeting. Interestingly the small Olson support group also did not attend that meeting.

At the February 8 meeting, one after another resident offered commentary and asked questions of the supervisors. For the most part, their questions were unanswered, citing legal reasons. Chesterbrook Jim Bailey did not expect to speak but was so troubled by the treatment of Supervisors Lamina and Kampf towards resident John Petersen, Jim was compelled to speak. He also offered that he was a Tredyffrin Republican committeeman; highlighting that the issues/concerns with certain elected officials was not about one political party vs. another.

Please watch this video clip, Part IV: Part IV: Residents Continue to Speak Out

Tredyffrin Board of Supervisors Meeting, 2-8-10 . . . YouTube Video Part III: Citizen John Petersen

The next to take his turn to present comments was John Petersen. The audience witnessed an amazing exchange between John and Chairman Lamina and Supervisor Kampf. John attempted to ask questions of the supervisors but was quickly interupted by Lamina and Kampf. It was obvious that they had come to the meeting prepared to ‘take John on’ . It appeared to me that Lamina and Kampf were not about to let John make his comments without intervention. Although John tried to ‘plow’ on through, at one point Lamina is heard to say that John would not be allowed to speak again. The behaviour of these 2 elected officials calls in to question a citizens right to freedom of speech.

The interchange between John and Lamina and Kampf is one that all residents need to watch; YouTube video clip, Part III: Citizen John Petersen

Tredyffrin Board of Supervisors Meeting, 2-8-10 . . . YouTube Video Part II: Christine Johnson

One of the most moving moments of the Board of Supervisors Meeting was when Mt. Pleasant resident Christine Johnson took her turn to speak. Christine eloquently spoke of her community, Mt. Pleasant as not being a sidewalk to nowhere as is often referred to by Supervisor Olson. Christine is a research librarian and she put hours in to research, providing copies of minutes from Board Meetings, Planning Commission meetings, STAP meetings, etc. Please watch Christine’s passionate delivery of information . . . and please watch as virtually no response is offered from Chairman Lamina.

Please watch this video clip: YouTube Video Part II: Christine Johnson

Tredyffrin Board of Supervisors Meeting, 2-8-10 . . . YouTube Video Part 1: The Apology of Lamina, Kampf & Richter

The Board of Supervisors Meeting on February 8 was important for many reasons. I wrote about the meeting in my post, United in their Resolve, Residents Speak Out. Many residents attended that Board of Supervisors meeting and I know that many watched at home. But I thought it was important to capture some of the important commentary of that evening, so my husband Jeff has kindly put together sections of the supervisors and citizens comments from that meeting and is in the process of uploading them to YouTube. As they are uploaded I will post them on Community Matters. I added a new page to the front-page of Community Matters, If you look across the top, you will see a tab for YouTube Videos. Going forward, you will be able to locate all relative videos by clicking on that tab. Hopefully, this will make it easier for residents to review.

YouTube Part 1: Tredyffrin Township Supervisors Apologize . . . Lamina, Kampf & Richter Supervisors Lamina, Kampf and Richter make their apologies for the vote of January 25. Their apology is followed by citizen comment. First to speak is Dariel Jamieson, newly elected chair of the Tredyffrin Township Democrats. Ms. Jamieson speaks to the issue of Supervisors Olson and Lamina speaking disparagingly of Democrats in the newspaper, in emails and also at the January 25 board meeting. Supervisor Lamina had little response for Ms. Jamieson in regards to his actions.

Attorney-Client Privilege . . . Understanding the Relationship Between Elected Officials & Township Solicitor. . . Where Does that Leave the Residents?

I know that many residents in the audience at the February 8 Board of Supervisors Meeting were confused and frustrated when they would pose specific questions to our elected officials and receive no response. The supervisors would turn to the Township Solicitor Tom Hogan for an opinion on a legal question and he would say that he could not answer, invoking attorney-client privilege. In conversation with residents since the meeting, there has been much discussion on the attorney-client privilege shared between Mr. Hogan and the supervisors. I know Tom Hogan personally; he’s one of the good guys and I need to believe that he would have given the residents his opinion (if permitted). But the fact remains that the public has legal questions in regards to St. Davids Golf Club, the return of the escrow, precedent set by the vote, ongoing liability to the township and its residents, etc.

If we cannot receive answers from our elected officials or township solicitor, where do we take our unanswered questions? Do community members have to hire their own attorney to receive answers?

I was greatly interested to received the following information from a reader, JudgeNJury on the subject of attorney-client privilege. I do not know the identity of this reader, but I am guessing that he/she could be a municipal attorney. An interesting read.

JudgeNJury 2010/02/10 wrote:

Under an opinion issued by the Pennsylvania Supreme Court on Jan. 29, it is far from clear that Hogan’s invocation of attorney-client privilege is correct. A link to a detailed article discussing the case follows, but this quote from the article is the main point: “The court issued a per curiam order in Nationwide v. Fleming Friday, upholding a Superior Court ruling that attorney-client privilege only applies to information given to the attorney by the client, not the other way around.”

(http://www.law.com/jsp/article.jsp?id=1202441905939&Pa_High_Court_Justices_Cant_Agree_on_AttorneyClient_Privilege_Dispute).

In other words, there is a good argument to be made that the Supervisors can invoke the privilege to refuse to answer questions about what they told Hogan, but Hogan cannot invoke the privilege to refuse to answer questions about what he told the Supervisors. Personally, I think the court’s decision is absurd. But the law is the law.

Main Line Suburban Reporter Blair Meadowcroft writes . . . "Tredyffrin Residents Blast Supervisors Over St. Davids Vote"

Main Line Suburban reporter Blair Meadowcroft’s account of Monday night’s Board of Supervisor Meeting is published today (article below). Sometimes when you are in the midst of a situation, you can loose your objectivity . . . but after reading Blair’s account of the meeting, I am convinced that the residents were right in their united message.

I do need to recognize the ‘Citizen Supervisor’ of the night . . . John DiBuonaventuro. Supervisor DiBuonaventuro heard the residents, agreed with them and stated, “I’d like to reverse the decision, start over and follow by the rules.” The problem of course is that he could count on Supervisors Kichline and Donohue votes to reverse the decision, but we know that Supervisors Lamina, Kampf and Richter still don’t get it! For the record, Paul Olson was not at the meeting but it is clear how he would not have supported a vote to reverse the decision (considering, he is the one who made the original motion).

I still remain convinced that with help (and encouragement) from the public, township manager and township solicitor, we will see our elected officials back on track at the February 22 meeting. I’m looking forward to seeing St. Davids Golf Club on the meeting agenda, and the re-institution of policy and procedure for Tredyffrin Township’s government.

Tredyffrin residents blast supervisors over St. Davids vote

By Blair Meadowcroft

At the Tredyffrin Township Board of Supervisors meeting Monday night, three of the board members took to the microphone in an effort to apologize for their previous actions.

Since last meeting’s whirlwind vote was approved in favor of releasing $25,000 from an escrow account to the St. Davids Golf Club, residents have been expressing their confusion and dislike. In response, and after discussion with various members of the community over the last two weeks, three of the four board members who voted in favor of the motion in question publicly apologized. The fourth board member who voted to pass the motion for St. Davids was Vice Chair Paul Olson, who was not at the Feb. 8 meeting.

“All here tonight acknowledge that the process utilized was less than perfect,” said Chairman Bob Lamina. “I could have done a better job; I could have insisted on more public comment, or agreed with Supervisor Michelle Kichline to table the issue. The board plans to learn from this and we plan to figure out a better way in the future of dealing with this sort of issue.”

Supervisors Evelyn Richter and Warren Kampf agreed, echoing Lamina’s sentiments and adding a few of their own.

“I should have agreed to a delay; there was no rush on this,” said Richter. “And this should have been put on the agenda. I’ll work towards not allowing this to happen again.”

“A lot of thought has gone into this and in hindsight the motion to table the issue should have been considered, and announcing this in advance should have been done,” said Kampf.

While their apologies were appreciated by those in attendance, the three board members quickly learned that an apology would not be enough. Member after member of the community came to the microphone during a public-comment session to express their disgust at what had been allowed to happen at the previous meeting, questioned what sort of example the board members were setting, and demanded an answer as to what would be done to fix the problem.

“I want to understand how the meeting and the vote made does not set precedent for the future,” said Pattye Benson. “Township Manager Mimi Gleason said that it does. What will stop another developer tomorrow from saying no to doing something they once agreed to do? What you did was absolutely outrageous. You made an apology but that does not right the wrong.”

Agreeing, Matthew Valocchi, vice president of the Berwyn Fire Company, said that while the apologies were nice, there is still a “big problem” that needs to be taken care of. “This has been a heated political issue and it is a problem when a vote like this gets rushed by,” said Valocchi. “The letter of credit was a guarantee that something was going to be done. There was no request from St. Davids for this exemption and the board did not refer the matter to the township engineer before taking the vote.”

As the night went on, regardless of the decision made previously by the board members, the residents in attendance continued to fight for the sidewalks in question. They explained how they were necessary, how they would not affect trees or add to storm- water issues and that if put in place they would not be “a sidewalk to nowhere.”

“When the Sidewalks, Trails and Paths Committee put together their plan it was to allow residents to walk carefully through the township,” said one resident. “That part of the path was put there specifically to help that purpose. The question is what do you want Tredyffrin to be like in the future? If you want it to be walkable, we need the sidewalks to be put in.”

Although various points were made in their defense Chairman Lamina explained that in his opinion the sidewalks weren’t necessary and that was why he voted the way he did. “Who are we to insist a sidewalk go somewhere that a community doesn’t want?” asked Lamina.

As the meeting unfolded, residents asked repeatedly in a variety of ways for the township supervisors to reverse their vote, put it on hold, discuss it more in depth, anything to undo what was done. One supervisor voiced his opinion and agreed with the residents. “Maybe there is a way to start over and do this the right way,” said Supervisor John DiBuonaventuro. “I’d like to reverse the decision, start over and follow by the rules.” While the residents’ comments were heard, along with DiBuonaventuro’s request for a reversal, by the end of the meeting no change had been made to the previous vote.

While those in attendance were disappointed, the conversations remained calm throughout the meeting until John Petersen, Tredyffrin resident and one-time supervisor, approached the microphone. After asking the board members a few questions, including one to Kampf, the response he got started a heated argument.

“The audience in this room needs to know who this man is at the microphone,” said Kampf. “He sent an e-mail to each member of the board today saying, ‘You’ve asked for war, and war is what you will have. I’m going to get you. I am coming after you.’ I think his attacks are personal.”

The discussion that followed involved Petersen criticizing Kampf on his leadership skills and on the board’s actions in general. “Instead of defending your actions you are attacking me,” said Petersen. “You have no defense; you broke the faith and all you can do is hide. You are held to a higher standard and it is about time you started acting like it.” In response to his comments, Lamina ended the discussion by telling Petersen “You will no longer be recognized here.”

In other news at the BOS meeting, the supervisors thanked the public-works team for their efforts put forth to handle the weekend’s snowfall as well as to prepare for the upcoming storm. “This was the second largest snowstorm in Tredyffrin Township’s history; we got 20 inches,” said public-works director Steve Norcini. “The public-works crew did a fantastic job. They worked nonstop from 5 p.m. Friday until 3 a.m. Sunday. And as soon as that ended, they started preparing for the next storm, which we are ready for.”

Additionally, DiBuonaventuro commended the local fire companies for their courageous work done to fight a three-alarm fire that took place at Strafford Station Apartments Saturday, Jan. 30 at 9:25 a.m. The fire caused $1.2 million in damage and was determined to have been started by a fire in the utility closet at the complex. Along with thanking the firefighters, DiBuonaventuro thanked the local churches, the Red Cross and T&E Care for their efforts in helping and temporarily adopting the affected families.

United in their Resolve, Tredyffrin Residents Speak Out Against Actions of Supervisors Lamina, Olson, Kampf & Richter

Last night’s Board of Supervisor meeting represented a victory for the people.

‘New Matters from Board members’ of the meeting kicked off with Supervisors Lamina, Kampf and Richter making apologies to the community in regards to the St. Davids Golf Club motion and vote to return escrow which occurred at the last Board of Supervisors meeting. They took responsibility for their actions, admitted that procedure had not been followed and stated that they would try to ‘do better’ in the future. Mention was made that everyone makes mistakes and that they had learned from theirs.

As I listened to the apologies, I thought to myself . . . OK, they made a mistake, admitted their mistake and now they will just ‘fix it’. But no, there was no offer of correction, no suggestion to ‘reverse the decision’, nothing. Were they thinking that the community would just accept their apology, move on and act like the ‘mistake’ never happened? I don’t think that they were prepared for what was to come next . . . it was the residents turn to speak.

I cannot remember the last time I was so proud of this community. Freedom of expression is the cornerstone of democratic life. And one after another, residents took to the floor. People came from all over the township . . . Chesterbrook, Malvern, Berwyn, Strafford, Mt. Pleasant, Wayne. It did not matter if the speakers were Democrats, Republicans or Independents, there was no political party agenda. They were firefighters, lawyers, retired citizens, members of township boards, one after another, each passionately saying the same thing over and over. Separately, the residents spoke, but united their message. Each person in his or her own way sought justice from the Board of Supervisors, appealing for the ‘wrong’ to be made ‘right’.

The ‘sidewalk’ became a symbol for something much larger . . . it represented how four individuals (Lamina, Olson, Kampf, Richter) thought they could be allowed to just make the rules and break the rules, without consequence or intervention for their actions. What I heard loud and clear was the powerful voice in this community of intolerance to their actions; residents are standing together. Were the supervisors listening?

In the words of Martin Luther King, “Our lives begin to end the day we become silent about the things that matter.” Speaking out, many in the audience eloquently spoke of their distrust in our elected officials. We elect these people because we believe that they will serve our best interests. We entrust them to govern according to the rules . . . to follow the policies and procedures as set forth by the Home Rule Charter. We rely on them to make the best decisions in our interests.

In the end, there was no resolution to ‘righting the wrong’ of the vote to return the escrow to St. Davids. Not last night, but I believe that this matter is far from over. I believe that between now and the next Board of Supervisors meeting, a way must be found to resolve this matter.

Trust in our elected officials must be restored.

Tredyffrin Twp Board of Supervisors Meeting Tonight . . . St. Davids Sidewalk Issue, a Photo Essay

Tonight’s Board of Supervisors meeting is shaping up to be one for the history books. It would appear that some of our elected officials have become entangled in quite the spider’s web. The actions taken at the January 25 Board of Supervisors meeting, the resulting vote to return St. Davids escrow, the newspaper articles, Letters to the Editor, discussion on Community Matters, etc. have left many residents pondering the state of our local government.

I have remained consistent in saying that the sidewalks are not the issue; however, I believe that many people probably do not understand the bigger picture and the ramifications of the Board’s actions to our township and its residents. Having said that, I think it would be helpful for people to look at this photo essay. Thank you to the local TTDEMs for helping the community better understand through photos and description this section of the township, which Supervisor Olson consistently refers to as ‘sidewalks to nowhere’. A special thank you to Sean Moir for his mapping skills, which clearly show the section of the St. Davids sidewalk.

Here is the Board of Supervisors agenda for tonight’s meeting.

Home Rule Charter Violations . . . Legal Cases from Philadelphia and Erie County

I received fascinating information (see below) from JudgeNJury citing 2 examples of cases of violations to Pennsylvania’s Home Rule Charter. It is reassuring to know that others have fought the battle (and won) using the basis of procedures contained in the Home Rule Charter. This supports the notion that a declaratory judgment action rendering the St. Davids Golf Club escrow vote null and void would be successful. My question is would an individual have to file (and win) a declaratory judgment to force the supervisors to follow the Home Rule Charter. If the Home Rule Charter states that supervisors must publicize all agenda items at least 8 hours in advance, shouldn’t that be followed? Why do we have to spend time and money to force Home Rule Charter procedure to be followed?

We know that Chair Lamina believes, and states to the Main Line Suburban Life newspaper, that “Under our current rules, any supervisor is free to offer any motion he chooses at any time, . . . It is not unusual at all for board members to offer unpublished motions during discussions at our meetings and I believe it’s reasonable and appropriate for our board to have this flexibility where needed in its proceedings . . .”

I would hope that with review of the Home Rule Charter, counsel from the township solicitor and the citing of Pennsylvania cases, that Chair Lamina and Supervisors Kampf, Olson and Richter would acknowledge their ‘miss-step’. I think that it would bode far better for them and the residents of this township, that our elected officials could just ‘fix’ their mistake without requiring a declaratory judgment action. Perhaps township solicitor Tom Hogan could review the procedures contained within the Home Rule Charter and offer guidance to our Board of Supervisors. Based on the actions taken on January 25, and the prevailing attitude of Chair Lamina, no motion is off-limits, including those not publicized.

Please take the time to review these cases below provided by JudgeNJury:

JudgeNJury, on February 6th, 2010 Said:

Here are two cases worth reading. Neither is directly on point, but they both provide some flavor:

City of Philadelphia v. Weiner (http://scholar.google.com/scholar_case?case=15768620678301027768&q=550+A.2d+274&hl=en&as_sdt=800000000002): Philadelphia’s Home Rule Charter contains a provision requiring the City to give public notice when it intends introduce a bill. The Philadelphia City Council introduced a bill to amend the City’s real estate transfer tax. However, City Council did not give public notice of the new proposed tax rate contained in the bill and the new rate never was discussed at a public hearing before the bill was adopted. Several parties, including a consumer group and an association of realtors, sued to enjoin the City from enforcing the bill because City Council did not follow the procedures set forth in the City’s Home Rule Charter. The trial court granted the injunction, and, in the opinion cited above, the appeals court affirmed the injunction.

Here, like the City of Philadelphia in the Weiner case, the Board of Supervisors did not follow the procedures in its Home Rule Charter. Specifically, the Township did not include the escrow motion on the agenda for the January 25 Board meeting. So the Weiner case would seem to support an argument that the Township can be enjoined from acting on the motion (assuming it has not already).

County Council v. County Executive (http://scholar.google.com/scholar_case?case=3165189562536297706&q=600+A.2d+257&hl=en&as_sdt=800000000002): The Erie County Home Rule Charter (apparently – the case is less than crystal clear) contained a provision requiring the County to conduct a performance review of any County employee before it could increase that employee’s salary. The Erie County Executive increased the salary of a County employee without conducting a performance review. The Erie County Council brought a declaratory judgment action seeking to declare the Executive’s action null and void because it violated the Home Rule Charter. A month after Council filed its suit, the employee whose salary was increased retired. Arguing that the retirement made the case moot, the Executive asked the trial court to dismiss the case, which it did. The appeals court, in the cited opinion, upheld the dismissal.

The ultimate result of the Erie County case, obviously, is not helpful from the perspective of those who would like to challenge the Board’s actions here (though the mootness issues in the Erie County case seem much different than any that might arise here, so the result itself may not be that significant). What is significant, however, is that the case suggests that bringing a declaratory judgment action to declare null and void an action taken in contravention of a Home Rule Charter is the proper procedure in this situation

Tredyffrin's Lamina, Olson, Kampf & Richter . . . Another 'Legal Loophole'? . . . Maybe not!

I had an interesting comment that arrived overnight in regards to the St. Davids escrow vote from the Board of Supervisors meeting. I’m thinking that the person who sent in this comment (posted below) is probably an attorney (and quite possibly a municipal attorney). Give this a read and see what you think. It appears that based on the Home Rule Charter, the St. Davids escrow vote was indeed null and void because it was not listed on the agenda.

When the supervisors take their oath of office, they pledge to uphold the Home Rule Charter and the Administrative Code of the Commonwealth of Pennsylvania. It is obvious that this information is not known (or if known, not followed) by Supervisors Lamina, Kampf, Olson and Richter. In this week’s Main Line Surburban Life, Chair Lamina defends the St. Davids Golf Club motion not appearing on the agenda. “Under our current rules, any supervisor is free to offer any motion he chooses at any time,” said Lamina. “It is not unusual at all for board members to offer unpublished motions during discussions at our meetings and I believe it’s reasonable and appropriate for our board to have this flexibility where needed in its proceedings. . . ”

So the residents are left wondering, when the supervisors take their oath of office to uphold Tredyffrin’s Home Rule Charter, doesn’t that oath matter? Don’t they ever read what it is they have agreed to uphold? If they don’t have a personal copy of the Home Rule Charter, it is on the www.tredyffrin.org website. Apparently based on his comments in the newspaper, Lamina has been working under this misconception for some time. How long has he served as supervisor? Do I want to believe that Olson who has served as supervisor for 30 years still doesn’t know what the Home Rule Charter says? And let’s not forget Supervisor Kampf (remembering he is also an attorney) didn’t he feel compelled to read the Home Rule Charter that he took an oath to uphold? And Ms. Richter, newly elected supervisor . . . does she take an oath of office to uphold the Home Rule Charter without a peek at its contents?

I do not attest to being a legal authority, but my guess is that the residents of Tredyffrin Township have real grounds to ask that this latest motion be thrown out on procedural error. But I am betting that when the ‘spin doctors’ read this post, they will try to wrangle a legal loophole! (Here’s hoping that it may not be possible).

I know that we had a ‘substitute’ township solicitor from Lamb McErlane serving at the last meeting, and I also understand that the solicitor serves at the pleasure of the board but wouldn’t it be the responsibility of the solicitor to point out the procedural error of Olson’s motion (and the 4-3 vote to approve)? Perhaps Township Solicitor Tom Hogan could have a look at the Home Rule Charter before Monday night’s meeting and offer his opinion to the supervisors.

The way I read it is the motion to return escrow to St. Davids Golf Club (and vote to approve the motion) don’t count . . . and the supervisors cannot make a new motion on Monday night because it would have to be placed on the agenda. The St. Davids vote should simply be thrown out. If after further discussion with the township solicitor, a supervisor decides at some future meeting to make a similar motion, it needs to be placed on the agenda at least 8 hours in advance. Comments?

JudgeNJury, on February 5th, 2010 wrote,

Tredyffrin’s Home Rule Charter requires the Board of Supervisors to list all matters to be considered at a Board meeting on the agenda for the meeting: “The Board shall cause to be prepared for each regular meeting an agenda of matters to be considered by the Board at such meeting, including pertinent background, which agenda, along with a copy of financial and other activity reports, shall be distributed to the public at the start of the meeting. The agenda shall be available at least eight hours prior to the start of the meeting.”

Township of Tredyffrin Home Rule Charter § 211(C) (http://www.tredyffrin.org/pdf/ordinances/home-rule-charter.pdf).

It seems to me that there is a good argument to be made that introducing and voting on the escrow issue without including it in the agenda violated the Home Rule Charter and, therefore, the vote is null and void.

All we’d need is a plaintiff with standing (a Township resident who would benefit from construction of the sidewalk might be the best bet) to file a lawsuit against the Board. The plaintiff could request (i) a declaration from the court (“declaratory judgment”) that the vote is null and void and (ii) an injunction prohibiting the Board from raising or voting on non-emergency matters that are not specifically included in the agenda for a meeting. Who’s game?

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