Pattye Benson

Community Matters

Tredyffrin Township

Is outsourcing aides and paraeducators to avoid the cost of complying with the Affordable Care Act the right alternative for TE?

Rising pension and escalating health care costs are putting intense pressure on school districts to lower costs. Tredyffrin Easttown School District is no different and there will probably be outsourcing discussion at Monday’s Finance Committee meeting. Fueling the discussion of outsourcing TESD aides and paraeducators is the Patient Protection and Affordable Care Act. As of January 1, public schools are required to provide health care coverage to all employees working more than 30 hours per week. The penalty for not providing health care coverage will be steep and school districts will face significant fines for noncompliance.

There are around 150 aides/paraeducators working in the District. This group of employees is not included in the TENIG union and does not have benefits. Although TENIG is comprised of ‘non-instructional’ workers, I wonder if it would be possible to expand their membership to include the aides and paraeducators. There is strength in numbers; by increasing their membership could help TENIG when they fight their own outsourcing battle.

The District is currently not legally required to provide benefits to non-unionized support staff. Based on a right-to-know request filed by Keith Knauss, it appears that this group of employees does not have healthcare coverage. In response to Keith’s request for the benefit records of non-unionized staff, Art McDonnell’s response was, “The documents do not exist in School District records.” I take that to mean that the non-unionized staff receives no benefits. As a follow-up, I asked Keith about the benefits of non-union employees in Unionville-Chadds Ford School District. His response was that none of UCF’s 250+ support employees is unionized. However, most all are full-time and those that work 30+ hours per week receive standard benefits (healthcare, sick days, personal days, disability, life insurance).

If the interpretation of Art McDonnell’s response is correct and the aides/paraeducators do not receive health care benefits, then there is little doubt that the District is seriously considering outsourcing before the Affordable Care Act takes effect. While outsourcing may save the District money, is it really the right option? Special needs children and their families depend on the District aides and paraeducators. Mainstreaming children with special needs so they may interact and share a ‘regular’ education experience is an important task. Integral to a successful education experience is the consistency and established relationships with the support staff. How can the School Board consider outsourcing those employees who share the most personal, one-to-one relationship with our District’s students? It makes no sense that the children who need the most consistency will be subject to “outsourced” caretakers who can feasibly change daily based upon the staffing circumstances of the outside company.

Also, I would be remiss if I did not mention the obvious safety concerns that comes with wholesale turnover of 150 familiar District employees by outsourcing. Is the newly hired safety consultant aware of the District’s possible outsourcing? Have the consequences of outsourcing been thoroughly discussed by the District Safety Committee? We know that making our school buildings secure is important but so are background checks and appropriate oversight for those in contact with our children.

Is outsourcing aides and paraeducators to avoid the cost of complying with the Affordable Care Act the right alternative for TE?

Zoning Amendment Could be Solution to Saving the Tennis Courts

May 1 was the deadline for the School District to submit their variance application to the Township in order to be listed on the Zoning Hearing Board’s May 23 meeting agenda. According to Township Manager Bill Martin, the application was received today. Some of the neighbors of the Valley Forge Elementary School tennis courts may think there is nothing to stop the ZHB from awarding the variance, but that may not be the case.

The combined impervious coverage of the tennis courts and the additional parking spaces exceeds the township stormwater requirement. Based on the PA Municipalities Planning Code (MPC) there appears to be no legal basis for Tredyffrin’s Zoning Hearing Board to grant a variance to the School District.

Under the Pennsylvania Municipalities Planning Code (MPC) a zoning hearing board “may grant a variance, provided that all of the following findings are made where relevant in a given case:

  1. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.
  2. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable reasonable use of the property.
  3. That such unnecessary hardship has not been created by the appellant.
  4. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
  5. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.”

According to the MPC, the School District needs to show an economic hardship for ZHB to grant a variance in this matter. However, the additional parking spaces at VFES are optional (not a requirement) for the School District and therefore do not constitute an economic hardship. I have been forced to accept that using the logic that the impervious coverage (of the tennis courts plus the additional parking) is only a ‘little over’ will not satisfy the MPC requirement. There is also the matter of a strict stormwater policy in Tredyffrin, and an important issue that is unlikely sidestepped.

A solution that would save the tennis courts, allow the additional parking spaces and not require a ZHB variance was presented to the School District and Township by John Petersen, a former ZHB member. I was copied on the following email sent to Michelle Kichline, chair of the Board of Supervisors, Kevin Buraks, President of the School Board and the Township and School District solicitors, Vince Donohue and Ken Roos, respectfully.

Here’s a suggestion…

The BoS offers up a zoning amendment that creates an exception for what is counted as impervious coverage: tennis courts, basketball courts, etc. that are available for public use (defined as owned by either the township or school district) that exists on or before the date, the zoning amendment is ratified. A possible permutation is that the first 1K square feet is exempted.

I normally don’t endorse amending the ZO based on specific facts. Like everything, there are always exceptions. For an exception, there must be some solid criteria to support such:

1. The items covered by the exception can never increase

2. Its not de-facto spot zoning because there are any number of places where this applies

3. Not likely to have an adverse impact on storm water (TESD will still have storm water issues to deal with in the parking long construction)

4. There is a strong public policy argument in retaining recreational facilities

I don’t think you will get much, if any push back on this. Is it legal? That’s up to you guys to figure out. In my opinion, this is not objectionable, unlike the recent C-1 amendment. The school district is not just any ordinary landowner.

Baring this, there is no way to keep the courts and build the additional parking. There are no legal grounds to grant a variance.

There’s an old saying that bad facts make bad law. In this case, bad facts sometimes require us to re-visit the law. In 1,000 cases, there may be one time when we should do that. I think this is one of those times. The change is very limited and is in keeping with public policy and finally, no material adverse impacts to storm water. The school district should hot have to choose between courts that have been there for 40+ years and the need to add much needed parking.

John

Although there were follow-up emails sent, to date no one has responded to Mr. Petersen’s suggestion. The four people receiving Petersen’s email (Kichline, Buraks, Donohue and Roos) are all attorneys and therefore presumably understand the standard required by the Municipalities Planning Code for the Zoning Hearing Board to issue a variance. In fact, if memory serves me, Michelle Kichline served on the ZHB before her election to the Board of Supervisors. Considering the legalities of the MPC, why should the School District bother to submit a variance application? If not economic hardship, on what grounds is the School District seeking a variance?

Even if the Township reduces the fees to the School District, there are professional costs (legal, architectural) involved with the ZHB variance application. Why not consider a zoning amendment – the tennis courts are saved and the parking lot is expanded. Looks like a win-win for the Township, the School District and the residents who use the tennis courts!

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Note: I am sending this article to Kichline, Buraks, Donohue and Roos asking them to comment directly to me on (1) the grounds for the ZHB to issue a variance to the School District and (2) the consideration of a zoning amendment. Their responses will be posted on Community Matters.

US News & World Report ranks Conestoga HS #5 in Pennsylvania and #313 in US

US News & World Report ranks Conestoga HS #5 in Pennsylvania and #313 in the US. The annual rankings of the country’s best high schools are out this week from US News & World Report. The rankings offer a snapshot of a school’s performance based on test data from 21,000 public high schools which represented 49 states (Nebraska did not present enough data to be considered) and the District of Columbia. Conestoga High School received gold level standing, listing a distinctive ranking of 313 of all public schools in the country. In Pennsylvania, US News listed Conestoga as #5.

The news outlet’s formula for determining their list of best high schools is a combination of school performance on state proficiency tests and how well they prepare students for college. A review of the individual states, had California leading the nation in 2013 rankings of best high schools with nearly 28 percent of its eligible high school receiving gold or silver levels. Maryland came in second with 25 percent receiving top designations and Connecticut third at 18.9 percent. To be eligible for a state ranking, a school must be awarded a national gold or silver medal. Pennsylvania has 570 school districts and 687 public high schools. In Pennsylvania, 168 high schools qualified for ‘best high school’ ranking by US News & World Report with either gold, silver or bronze medals. Nationally 500 schools earned gold medals, 1,790 were awarded silver and 2,515 took home bronze medals. Magnet and charter schools, which accept a limited number of students through a lottery or application process, accounted for 145 of the top 500 schools.

Here are the top 10 public high schools for 2013 as listed by US News & World Report:

#1 Julia R. Masterman, Philadelphia
#2 Lehigh Valley Academy Charter School, Bethlehem
#3 Northwest Pennsylvania Collegiate Academy, Erie
#4 Wyomissing Area Jr-Sr High School, Wyomissing
#5 Conestoga High School, Berwyn
#6 Central High School, Philadelphia
#7 Upper St. Clair High School, Pittsburgh
#8 Radnor High School
#9 Lower Moreland High School, Huntingdon Valley
#10 Unionville High School, Kennett Square

Last year on Community Matters, I provided the top 10 high schools in Pennsylvania for 2012, listed below:

:#1 Julia R. Masterman, Philadelphia
#2 Northwest Pennsylvania Collegiate Academy, Erie
#3 Conestoga High School, Berwyn
#4 Unionville High School, Kennett Square
#5 Wyomissing Area Jr-Sr High School, Wyomissing
#6 Radnor High School, Radnor
#7 New Hope-Solebury High School, New Hope
#8 Mt. Lebanon High School, Pittsburgh
#9 Upper St. Clair High School, Pittsburgh
#10 Central High School, Philadelphia

In reviewing the Pennsylvania ‘best high schools’, it is interesting to note that Conestoga High School as well as Radnor and Unionville high school dropped slightly in the US News rankings (Conestoga from #3 to #5, Radnor from #6 to #8 and Unionville from #4 to #10) yet Masterman, a magnet school in Philadelphia retained first place. Charter school Lehigh Valley Academy in Bethlehem did not make the 2012 top 10 best high schools but is #2 in the state on the 2013 list. US News & World Report ranked Great Valley High School as #12 in 2012 but for 2013 the school has dropped to #21. Although Phoenixville High School was ranked as #25 in 2012, the school did not qualify for the 2013 rankings.

Regarding Tennis Courts, TESD to Seek Zoning Hearing Board Variance

Last night’s School Board agenda included the priority discussion of the Valley Forge Elementary School tennis courts. Much time was spent in reviewing the history of the tennis courts, the parking study and additional parking requirements, the District’s timeline, etc.

After much discussion from School Board members and residents, the Board voted to seek a variance from the Zoning Hearing Board. The application for the next Zoning Hearing Board meeting on Thursday, May 23 is due by May 1. Why is a variance needed to keep the tennis courts … The combined impervious coverage of the additional parking spaces and the tennis courts is slightly more than the township stormwater ordinance permits. If I understood the plan correctly last night, the District’s application to the ZHB will seek a variance for this additional impervious coverage.

The decision as to whether the tennis courts ‘stay or go’ is contingent on the ZHB ruling. If the ZHB denies the variance to the District, the VFES tennis courts will be demolished. If the ZHB grants the variance to the District, my impression from the discussion was that it still is not a definite that the courts will be saved. Several Board members voiced concern that there could be unknown additional costs to saving the courts. The solicitor Ken Roos was careful to include wording in the motion to include an ‘out’, if it turns out there are other costs to saving the courts. According to Facilities chair Pete Motel, some of the costs to save the tennis courts are known. (1) because of the existing contract; the District will pay $14K to the contractor not to demolish the tennis courts, (2) filing fee of $2K to the ZHB (although it was suggested that the Board of Supervisors may waive the fee if asked, and (3) the cost of District experts (solicitor, architect) to prepare the application and attend ZHB meeting.

Township manager Bill Martin commented that the township staff would be available to help the District with the application. Both he and the District solicitor Ken Roos were clear that the township cannot control the outcome of the ZHB … the Zoning Hearing Board is a quasi-judicial body whose decisions are not subject to the approval of the supervisors.

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 …

Capital Health ‘flips’ Jimmy Duffy’s property — Sage Senior Living Development is ‘new owner’

This is provided as a follow-up to last night’s presentation at the Planning Commission meeting on the planned assisted living project at the Jimmy Duffy’s site.

The sketch plan for the new assisted living facility presented by Kelly Cook Andress, President of Sage Senior Living Development, had some notable changes from the original Capital Health plan of 2012. Gerald Farrell of Capital Health, developer Ed Morris and their attorney Denise Yarnoff attended numerous Planning Commission meetings and community meetings with neighbors and concerned citizens during 2012. These meetings were the precursor to the township changing CI zoning to permit assisted living as a usage.

Up until the agenda for the Planning Commission meeting was released, we assumed that Capital Health was the owner. There was no reference last night as to when Sage Senior Living came into the picture or why Capital Health was no longer involved. However, Denise Yarnoff and Ed Morris do remain as the attorney and developer, respectfully, working now with Andress on the Sage project.

Although the information was not provided at the meeting, according to Caroline O’Halloran’s Main Line Media News article, Eagle National Bank sold the property to Capital Health on March 29, 2013 for $2.25 million and then immediately ‘flipped’ the property to Sage Senior Living sometime in the last 3 weeks.

When originally presented to residents by Ed Morris in early 2011, the proposed project was described as a ‘retirement’ facility for seniors … a place for local residents to downsize from their large homes but remain in Tredyffrin Township. I recall Morris initially suggested that many of the residents would have their own cars and be driving in the community. As the project moved forward, Morris backed off the idea that most of the residents at the facility would be driving — he probably realized that by promoting that residents would be driving also meant they would have cars; and cars would mean greater parking requirements on the site.

Last night, Andress painted a very different picture of the project, stating that the average age of people moving in to the proposed assisted living facility would be 86 years, not the ‘empty nesters’ of the earlier plan. She spoke of her Towson, MD facility, similar in size to the 78-80 units planned for the Duffy site. At her Towson facility, only 2 of the residents still have drivers licenses and only one of them has a car. Andress used the rationale of so few drivers as the reason that Sage Senior Living would not need the required parking. She spoke of the stricter

How many parking spaces does Andress need for her Sage Senior Living project? Here’s the applicable township zoning regulation:

§208-103 Off-Street Parking

(23) Residential care facilities for older persons and skilled nursing facilities: one parking space per two permanent beds approved unless otherwise a greater number is determined by the Zoning Officer after taking into consideration the number of units, occupancy per unit and number of employees.

Looking at Andress’ plan for 78-80 units (and assuming only one bed per unit) at a minimum, this assisted living facility requires 39-40 parking spaces. The C1 zoning for assisted living permits a facility to have 100 beds, which would require a minimum of 50 parking spaces. Although the adjacent VetCare has parking, those parking spaces cannot be included in the development project. The sketch plan indicated 37 parking spaces, which falls short of the township required parking.

The earlier assisted living facility plan required the use of the R1 zoning parcel to meet the parking requirement. Andress’ plan show

Several times during the Sage Senior Living presentation, Andress referred to sub-committee meetings with Planning Commissioners. It was unclear from the meeting which commissioners were part of this sub-committee although Commissioner Tory Snyder referenced these prior discussions in her comments to the applicant. As an audience member, it was very confusing to follow the references to these non-public meetings.

Due to weather, Daylesford Neighborhood Association President Trisha Larkin was delayed in Chicago and unable to attend the Planning Commission meeting. Trish provided the following statement to Community Matters:

Unfortunately my flight was delayed yesterday and I couldn’t attend the meeting. However, I was briefed by several residents and here are our top concerns:

1. When C-1 zoning was changed last Fall to include ALF use, it was all predicated on the OLD owner’s vision and site plan. Last night, the new owner (Sage) proposed a much different vision and perhaps a more “institutional” use than what was approved for Capital Health by the BoS. The “lock-down/underground” dementia/Alzheimer’s Unit that Sage has in mind leaves us questioning if the PA Code allows for such use in C-1? It seems that more discovery should take place to determine if such use is permitted in C-1.

2. § 208-103 Off-Street Parking Facilities. Perhaps Sage is under the impression that supplying enough parking in the C-1 space is optional vs. mandatory. Tredyffrin Township Zoning Code 208-103 states they must provide 1 parking space per 2 permanent beds. This has been the DNA’s point for over a year – the Duffy space is entirely too small for this project.

If Sage chooses to put that many beds (78 – 100) on 1 acre, then they MUST provide a minimum of 39 parking spaces. It’s irrelevant if the average resident is 86 and doesn’t drive. Zoning laws are zoning laws! Tredyffrin already did Ed Morris a solid and changed C-1 zoning for this project. Now what? The PC, BoS and Zoning Health Board should just whimsically reduce the # of parking spaces required too? Seriously? You can’t have it both ways! 39 spaces are needed to safely accommodate employees, visitors, residents, deliveries, physicians stopping in to provide care, rehab nurses, etc.

It’s my understanding that Dr. Rowan of Paoli Vet Care was adamant at the PC meeting that he doesn’t intend to “share” his allotted 15 spaces with Sage. Therefore, Sage should not include those spots in their June site plan.

So, the DNA asks (again) – HOW can Sage build the facility, the parking, picnic areas, etc. all on ONE acre of C-1 space?

Easy – they’ll ask the PC and BoS to “borrow” from the one acre of R-1! Although the current sketch plan showed the R-1 parcel as “green” space, the DNA is very concerned Sage intends to use the R-1 space as “overflow parking” down the line. The PC, BoS and ZHB cannot allow any more concessions for this project! R-1 is a precious commodity and it needs to be protected! The DNA must be assured that the green space (R-1) must never be used for anything other than green space!

Perhaps THIS is why ALF’s should have a have a 3 – 5 acre minimum requirement?? Try as you may…you JUST can’t stuff a Size 10 foot into a Size 5 shoe!!

3. “Secret” Meetings: It’s very concerning that a few PC members admitted that discussions took place at Sub-Committee meetings. News to the DNA! We’ve never been invited to any such meetings, nor did we know any such meetings occurred. Since we are the folks that are most directly impacted by this project – (yet again) WHY are we not included in the process? Frankly, it’s insulting. It seems that the builder, the ALF owner, and a few township officials are involved in Sub-Committee (secret) meetings, but the residents are left out time and again. Very sad.

The DNA plans to stay actively involved in the Site Plan process. We respectfully request that the Township make no further concessions for this project. If Sage is compelled to build such a massive project, perhaps they can look to larger parcels that would more appropriately accommodate such an ambitious project.

Thank you,
Trisha Larkin
DNA President

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Addendum to this article:
As part of her presentation to the Planning Commission, Sage Senior Living Development President Andress described her other two assisted living facilities, one in Towson, MD and the other in Wallingford, PA – Plush Mills. Because Plush Mills is close, I was interested to learn more about that facility and its management. Plush Mills is a 7-story high-rise building in Delaware County and would have the same oversight by PA Department of Public Welfare as the proposed Paoli facility.

Researching Plush Mills online, I found violation reports from PA Department of Public Welfare stemming from annual state inspections. Annual inspections are required for assisted living facilities in Pennsylvania. All violations specified on the violation report must be corrected by a specified date and continued compliance must be maintained.

Some of the Plush Mills violations are as mundane as missing trash can lids to more serious issues including employees not receiving required Federal criminal background checks within required 80 days of hiring and discontinued patient medicine not properly destroyed.

Below are the links to complete PA Department of Public Welfare violation reports for Plush Mills:

From Jimmy Duffy’s Catering to Sage Senior Living … Planning Commissioners to review plans tonight

Looks like the old Jimmy Duffy catering site may soon to have a new name … ‘Sage Senior Living Development’.

For months leading up to September 2012, there was an urgency to pass the new C1 zoning ordinance to permit assistant living facilities (ALF). The driver behind this zoning change was Capital Health and developer Ed Morris with plans to build an ALF on the former Jimmy Duffy’s Catering site on Lancaster Ave in Daylesford. During that period there was much discussion and debate with township supervisors, planning commissioners, township manager and residents regarding the C1/R1 site and its suitability as the future home of an assisted living facility.

On September 18, I wrote “Community Matters: Your Voice Matters … Except when it comes to C-1 Zoning Change” discussing the ordinance change and what I viewed as a flawed township process. Here is an excerpt from that 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.

Given the urgency in pushing the C1 zoning change through the system, it has been very surprising that the developer and his plans have been MIA for the last seven months. If you recall, one of the rationales from the Planning Commission in regards to the C1 zoning change, was the fear that the township might lose Morris’ development plan if they took too long in changing the zoning. Touting economic development for the community, there was a concern among some of the planning commissioners that we might lose this opportunity if the township didn’t move swiftly to permit ALF as a permitted use in C1.

So … on tonight’s Planning Commission agenda is the following:

06-2013; Sage Senior Living Development: Sketch Plan Application for an assisting living facility in C1/R1 Districts (parcels 43-10J-127/43-10J-128.1). Action: Discussion and input by the Planning Commission to the applicant for conceptual site plan prepared by Momenee & Associates, Inc., dated 4/4/2013.

The Jimmy Duffy site is comprised two parcels, zoned C1 and R1 … for Ed Morris to make his proposed ALF project work he needs use of the R1 for parking. The Sage Senior Living Development project hinges on whether the R1 parcel is ‘legally’ abandoned. Last year, Tredyffrin’s solicitor Vince Donohue provided an opinion letter in regards to the grandfathering usage of parking on the 1-acre R1 parcel. Although the Jimmy Duffy property has remained abandoned for several years, Donahue was of the opinion that the nonconforming use of parking remains available to the owner.

At least one other attorney did not share Donahue’s legal opinion that the nonconforming use of parking in the R1 parcel can continue. In a July 20, 2012 Community Matters article, “Tredyffrin’s Proposed C1 Zoning Amendment Change … Where do we go from here?” attorney John Petersen offered his opinion,

Perhaps the bigger issue is the R1 parking and whether it is grandfathered. There are four reasons why Vince Donahue’s analysis in his opinion letter is flawed:

  1. There has been a change in ownership
  2. The catering business ceased at least 3-5 years ago
  3. Mr. Donahue’s analysis leaves it to a reasonableness standard
  4. Donahue cites fact in support of his conclusion as opposed to case law

The conclusion in Mr. Donahue’s opinion is that the zoning officer “Could not reasonably conclude that the use has lapsed.” In fact, I just gave a number of reasons why Matt Baumann, our zoning officer, could reasonably conclude that the use did lapse. In fact – I’d say that based on these facts – Baumann couldn’t reasonably conclude the use didn’t lapse. If the township tries to grandfather this use, that itself could be a prima facie case of contract zoning – which is always construed to be spot zoning. Ironically, where the PC and at least some on the BOS thought they were helping this project along, they actually did more to harm it by not following sound process and procedure.

Whether or not the grandfathering of the R1 parking is permitted is the key to the Sage Senior Living Development project. For the project to move forward with the Planning Commissioners will require a resolution. The Planning Commission is 7 PM tonight at the Township Building.

Tredyffrin Township to Approve the Hiring of Additional Police Officers

Some residents, including myself, have been wondering when the township was going to hire the additional police officers listed in the 2013 budget. Last year’s $49K police operations study by ICMA fueled some ongoing debate as to how many police officers were needed. According to the consultants, their study recommended 43-46 officers with a minimum of 43 officers required to maintain the existing level of safety. If you recall, Police Superintendent Tony Giaimo requested 47 officers at the December 3 supervisors meeting and asked the Board to consider reinstating the 47 officers in the 2013 budget. However, the 2013 township budget was approved with 43 officers. (Three years ago, Tredyffrin Township had 51 police officers on the books.)

In late December 2012, the Act III arbitration award was issued for the collective bargaining agreement between the township and the police union. Based on the arbitration award, the police department retained most of their prior contract benefits. I incorrectly assumed that the arbitration award settled the matter and that the hiring of additional police officers would be immediate. However, we learned that there remained open issues related to the police health care plan requiring resolution. However, last month the outstanding health insurance questions were resolved and the township and the police union signed the agreement.

With no further roadblock to hiring new police officers, there’s great news that the agenda for Monday’s Board of Supervisors meeting includes, “A motion to approve the hiring of additional police officers”. At my last count, there were 39 township police officers, so it will be interesting to see how many are approved tomorrow night.

Your Voices Matter … They Saved the Tennis Courts!

At today’s Facilities Committee meeting, chair Pete Motel and the other 3 School Board committee members, Jim Bruce, Betsy Fadem and Liz Mercogliano made a 180 degree turn from their former position of demolishing the tennis courts at Valley Forge Elementary School. With a unanimous vote from the Facilities Committee, they will send their recommendation to preserve to the tennis courts to the School Board. Motel explained that their recommendation will include the caveat of a new signed agreement between the District and Tredyffrin Township. The new agreement will be an update to the original 1974 agreement.

Attending the Facilities Committee meeting, Tredyffrin Township supervisor Phil Donahue spoke of support for the District’s decision to save the tennis courts. He suggested a willingness on the part of the township, to work together with the District for a new agreement and that if it was ready by Monday, it would be presented at the Board of Supervisors meeting.

Although Motel mentioned there were “sticky wickets” yet to be worked out re an agreement, I think most of us in the audience were satisfied that the tennis courts will be preserved. The padlocks have been removed and the tennis courts are again available for use. The parking lot expansion plan to add 24 parking spaces will continue this summer (without the demolition of the tennis courts).

Saving the tennis courts from demolition just goes to show what can happen when a few determined people come together for a common cause. Voices do matter … and in this case, it saved the tennis courts.

The Saga of the Tennis Courts Continues …

The saga of the tennis courts at Valley Forge Elementary School continues. On April 2, representatives from the School Board, Tredyffrin Township Board of Supervisors, staff and the District’s architect held a public meeting to discuss the fate of the two tennis courts at Valley Forge Elementary School.

Although there was support to save the tennis courts from those residents in attendance, no decision was made at the meeting. The tennis courts are on the Facilities Committee agenda for tomorrow (Friday), 2 PM at the TESD Administration Building. Also included in the agenda packet is the site map for the parking lot expansion and aerial view of the courts.

I remain confused as to why the District wants to demolish the tennis courts. From a logical standpoint, some of the arguments simply do not make sense to me.

  • The tennis courts are not located adjacent to the parking lot and their location does not affect the parking lot expansion plans. To add the 24 parking spaces does not require the demolition of the 2 tennis courts.
  • There has been much back and forth between the School District business manager Art McDonnell and the Township Manager Bill Martin and Township Engineer Steve Burgo in regards to “trading” impervious surface requirement of the parking lot expansion by demolishing the courts. McDonnell claims that there was a prior agreement with former Township Manager Mimi Gleason in regards to this arrangement; Martin and Burgo claim otherwise.
  • In an email to Bill Martin and Art McDonnell (cc Phil Donohue) dated March 20, Burgo states the following:

Township staff including the previous Manager (Ms. Gleason), Engineer (Mr. Burgo), and (Mrs. McPherson), attended meetings with Art McDonnell and TESD consultant staff on these Tennis Courts more than a year ago. In those meetings, the TESD discussed their plans to add a new parking lot at the VFES in the future. I want to be clear that the TESD and their consultants originally asked if they could swap the impervious, but were told by the Township that they couldn’t. Stormwater Management controls are required by the Township Stormwater Ordinance, for all new impervious being constructed onsite. There is no credit or swap if the courts are removed from a stormwater management standpoint, only from a zoning standpoint.

  • On behalf of the District, Art McDonnell has publicly maintained that there was a ‘deal’ in regards to the impervious surface requirement. Yet as evidenced by Burgo’s email, the township has denied any such deal existed. Further, to the point, such a deal would be illegal as the stormwater ordinance makes no provision for such a credit. Therefore, we can only conclude that the School District represented by the business manager Art McDonnell has been less than truthful as to their rationale for demolishing the tennis courts.
  • The construction of the additional parking spaces will require a zoning variance. According to VFES neighbor Matt Morgan, township officials indicated at the April 2 Facilities Committee meeting that they would expedite the process and probably waive the associated fees (if asked).

Besides the impervious surface debate, another rationale for the removal of the tennis courts from the District was their cost to maintain. I have had a number of residents tell me that courts are in excellent condition – although I don’t claim any expertise on tennis courts, the 2 courts at VFES looked in good shape to me.

Another neighbor to the tennis courts, Don Detweiler, has been providing routine maintenance for a number of years. Neither the School District nor the township has expended any dollars on the courts. In an April 1 TE Patch article , local resident Jeff Sacks, a tennis coach, is quoted as offering to pay the maintenance cost. According to Matt Morgan, a local Davis Cup tennis player who lives in the neighborhood and uses the courts, has offered to hold tennis clinics for children and donate the proceeds to maintain the courts.

Beyond the ‘he said, she said’ aspects of this story, that has me shaking my head is the notion that the tennis courts are going to cost money unless they are demolished. According to the District, the cost to seek a variance from the township’s Zoning Hearing Board will be $12K – $14K; $2K in fees and the remainder in architectural fees. However, the supervisors stated at the April 2 public meeting that they would probably waive the fees if asked. And there would not be need for additional architectural services or drawings — the District could apply for a variance based on the current drawings.

Why is there such a rush to take down the tennis courts? Why is the building of the 24 parking spaces contingent on the removal of the courts? It has been verified that there was no such ‘deal’ exists to swap the tennis courts for impervious coverage requirement. There should be a better reason to remove the tennis courts other than the courts are on District property and they School Board has the right to do what they want. It’s true the courts are on District property but the District property is owned by the residents.

Tomorrow is the Facilities Committee meeting. Representing the School Board on Facilities is Pete Motel, Jim Bruce and Liz Mercogliano. According to a April 2 article in the Main Line Media News, Mercogliano is siding with the residents and supports keeping the tennis courts. From the article —

“There is no legitimate reason based on impervious surface, stormwater management, safety (or) sink holes to remove the court,” Mercogliano said in an e-mail. “The parking can be built in same area with no issue as there is more land space.

“The community deserves their right to be heard and look into other means of raising funds for maintenance and possible takeover of the court through the Parks and Recreation board or a similar foundation to raise funds. I am supporting a delay to allow the opportunity for the taxpayer to seek an alternative method to save the courts for the kids.

There will be a recommendation from the Facilities Committee tomorrow. If you are unable to attend the 2 PM meeting, you could send an email to the Board at: schoolboard@tesd.net or to individual Board members. However, I emailed the School Board president Kevin Buraks 8 days ago (in regards to the tennis courts) and to date, have received no response or acknowledgement to my inquiry.

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