Pattye Benson

Community Matters

Tredyffrin Township

Community Matters … Not on Vacation!

I have received emails and calls asking about ‘where’ is Community Matters; was I on vacation? I would love to say that I had traveled to some wonderful vacation place in the world — unfortunately, nothing nearly as exotic or fun. I spent most of last week at Penn with health issues and surgery but am safely back home and on the road to recovery. A few more days and I should be back to normal (?) and re-focused, including an update on the continuing saga of Daylesford and the Jimmy Duffy redevelopment project. If you have questions, concerns, updates, etc. related to community issues, I can be reached via email at tredyffrincommunitymatters@gmail.com.

However, in the interim, if you are around this Friday and looking for some summer fun — please consider attending Summer Breezin’, our summer fundraiser for Paoli Blues Fest, at Royer-Greaves School in Paoli. We’ve got some great live music, fantastic silent auction items, food, drinks … even a margarita machine! Here’s the recent press release with details or visit our website, www.paolibluesfest.com :

Summer Breezin’ Fundraiser on August 3 to Support the 4th Annual Paoli Blues Fest

PAOLI, Pa – In four short years, the Paoli Blues Fest has grown to become the largest annual blues festival in the Philadelphia region. The date for the fourth annual blues festival is Saturday, October 6 and Blues Fest co-chairs Pattye Benson and Marie Thibault are expecting attendance to exceed the 2011 visitor estimate of 15,000. The Blues Fest Committee works year-round to make sure that each year the Blues Fest is bigger and better than the year before; and this year will be no exception.

The free annual community event requires many hardworking volunteers plus lots of money. Each year, the nonprofit organization needs to raise approximately $50K to fund the one-day Paoli Blues Fest. Without the support and generosity of corporate and business sponsors, such as Paoli Hospital, Malvern Federal Bank, Paoli Village Shoppes and WXPN, and grants from PA Council of the Arts, Greater Philadelphia Cultural Alliance and Brandywine Conference & Visitors Bureau, the annual event would not be possible.

To guarantee the continued success of the Paoli Blues Fest also requires the help of individuals in the community. The second of 2 summer fundraisers, Summer Breezin’ is Friday, August 3, 5 – 8 PM at Royer-Greaves School, 118 S. Valley Road, Paoli. Royer-Greaves School provides the perfect outdoor venue for the sounds of the Rob Dickenson Trio as you sip cold drinks and munch on appetizers. Enjoy the timeless music of Jimmy Buffet, sway to the reggae sounds of Bob Marley and sing along to classic ‘oldies’ that are sure to have you on your feet.

The fundraiser will feature a silent auction with many exciting items including gift certificates for many local business and restaurants, Phillies tickets, signed baseball memorabilia and personal tours of the Senate Chamber with Sen Andy Dinniman and the State House with Rep Warren Kampf.

Dress is summer casual; the fundraiser tickets are $35 or 4 for $100 and may be purchased online at www.paolibluesfest.com. For questions, contact Pattye Benson, Summer Breezin’ Co-Chair, 610.644.6759.

Tredyffrin’s Proposed C1 Zoning Amendment Change … Where do we go from here?

Residents from the Daylesford neighborhood made their opinions known at last night’s Planning Commission meeting. With the exception of one person, all others in the Daylesford community spoke against the proposed C1 zoning ordinance change and the assisted living facility plan for the old Jimmy Duffy catering site.

The president of Daylesford Neighborhood Association, Trisha Larkin, presented a powerful 20-min. power point presentation, which explained the timeline to date for the C1 zoning ordinance change and the rationale behind the resident’s objections to the proposed assisted living project. It was obvious from their reaction, that some audience members and Planning Commissioners were not fully aware of the timeline and ‘how in the dark’ the most-effected neighbors were in regards to this proposed project. (Click here to review the timeline.)

A couple of things were striking about the comments from Larkin and other Daylesford community members … R.E.S.P.E.C.T. I have attended many Planning Commission meetings and often neighbors become very vocal in their opinions, and at times disrespectful to the planning commissioners, staff and/or applicants. Not so last night. A steady stream of residents offered their positions on the proposed C1 zoning change; their comments delivered with the utmost respect. Although the vast majority of residents were either opposed to changing the C1 zoning to permit an assisted living use and/or asked for additional restrictions to be added to the zoning change, those choosing to comment did so with respect for the developer, his attorney, township staff and Planning Commissioners.

The other striking theme to the discussion on the proposed assisted living project was the process itself. The planning commissioners acknowledged that they have been working on this project with the developer Ed Morris of Berwyn Real Estate and Gerald Farrell of Capital Health Service, for over 2 years. Yet the residents most-effected by the proposed assisted living facility only found out about in January of this year. By the time the Daylesford Neighborhood Association were aware of the proposed C1 zoning change, Morris and Farrell along with their attorney Denise Yarnoff, had attended several Planning Commission meetings. Morris openly declared at these public meetings that there was no opposition to the project from the neighbors. Resident after resident pointed out, they could not support (or oppose as is the case) a project that they knew nothing about. Unfortunately for Mr. Morris, he misspoke when he portrayed the neighbors supported this project … as evidenced last night, nothing could be further from the truth.

In addition to Daylesford neighbors, the proposed C1 zoning ordinance change brought questions and concerns from other township residents in attendance. Berwyn resident Andrea Felkins asked about the definition of ‘assisted living’ versus ‘personal care facilities’ … how was it defined in the municipal zoning code, what was the difference? Her questions hit a cord with Planning Commissioner Ed Sweeney who in his remarks, referenced Felkins question, and asked for clarification from township staff and/or solicitor for the August Planning Commission meeting. Andrea offers further explanation as follow-up to her comments given last night:

The C1 Ordinance Amendment draft describes the additional use as “A residential care facility for older persons providing permanent residential accommodations and/or assisted living facilities/services (and supplemental services) as defined in the applicable Pennsylvania state statutes, rules and regulations along with support services, which may include, but not limited to: personal care and health care services, medical services, skilled nursing, community facilities, and congregate dining facilities; provided that the property shall have direct access to an arterial street.”

In contrast, a very preliminary search of regulations for PA provides this language:

“What is the difference between an Assisted Living Residence (ALR) and a Personal Care Home (PCH)?

ALRs are different from PCHs in 3 ways: concept, construction and level of care. ALRs embody the concept of allowing a resident to “age in place” without having to move to a licensed long-term care facility when their needs increase.

The construction of an ALR is different from a PCH. PCH residents live in bedrooms that may be shared by up to 4 people. ALR residents will have living units with kitchen capacity. No one will be forced to share a living unit. Living units will have a door with a lock and a private bathroom. This housing-service model will allow for privacy and maximum independence. It is similar to a studio apartment where the resident can make meals if desired and have a private bathroom.

The level of care provided in an ALR is distinguishable from a PCH, offering another choice of long-term living options in the commonwealth. A person who needs the level of care of a nursing facility is not permitted to reside in a PCH and must transfer when their needs become too great. That same person, however, will be able to live in an ALR where they’ll be provided with the services they need to age in place. “

Even on its face, the ordinance amendment makes no distinction about which purpose the property intends – stating only that it will follow the applicable state statutes. No statute is identified … I’m not a real estate lawyer, but with this lack of specifics, this amendment seems to broadly define a use. Likewise, unless “arterial street” is a defined term in our zoning codes, then any C1 property would be free to build any quality or size of facility. I’m not suggesting that is what is intended, but when we write laws/rules/ordinances/amendments, I think a bit more clarity would be prudent.

Tredyffrin Township solicitor Vince Donahue provided an opinion letter in regards to the grandfathering usage of parking on the 1-acre R1 parcel of the Duffy property. Although the Jimmy Duffy property has remained abandoned for several years, Donahue is of the opinion that the nonconforming use of parking remains available to the owner. Paoli resident and attorney John Petersen disagrees with Donahue’s opinion, believing the nonconforming use of the R1 parcel for parking has lapsed and offered his comments to the Planning Commissioners last night. For the assisted living project to ‘work’ on the Jimmy Duffy site, it requires the 1-acre C1 parcel plus the continued use of the R1 parcel as parking. In an effort to better understand Petersen’s position on the Jimmy Duffy development project, I asked him for clarification. Here are his comments …

In my opinion, Ed Morris’ contemplated development of the old Duffy’s Catering site is dead in the water for several reasons. 1 – And this is a preliminary point that focuses on the general lack of process and procedure around this particular plan. 2 – Which builds on point 1 above, this is effectively become a spot zoning/contract zoning issue. 3 – The pre-existing non-conforming use of the R1 parcel for parking to support the C1 use has lapsed – which itself is a fatal blow to the project.

On one hand, the PC wants to see the site is used. On the other hand, the PC wants to be comfortable with the use. In last night’s proceedings, it was far from clear how the PC and the BOS could let things get this far. Trish Larkin’s presentation (which by the way I was happy and honored to have input on) made crystal clear how problematic the situation is. What was clear from last night’s meeting was that the PC was giving great weight to the developer, their time, money spent, and almost no consideration to impacts of the zoning change or the needs and concerns of the citizens. To suggest that a “Super Wawa” could go there is a false choice. First, that is a use of right. Second, it is an entirely inappropriate comment to make by Ed Sweeney. The absurdity here is that a legal use is being subordinated to a non-permitted use. Again, it is entirely inappropriate for the PC to consider the money spent by a developer – unless of course – this is really a contract.

The stated reasons in previous paragraph outline a process that is unreasonable and arbitrary. It is unreasonable to the extent the way the needs of the developer appear to be the only areas of concern. There is little to no consideration of the broader zoning impacts. The only consideration appears to be for this developer, this project and this parcel of land. The arbitrariness goes to the general lack of process. The extent of un-reasonableness and arbitrariness are direct factors that go to determine if spot zoning is in fact, present. One can argue that in reality, there is a contract here – which gives rise to a contract-zoning case.

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.

By the end of the evening, it became apparent to the Planning Commissioners that there were too many unanswered questions surrounding the C-1 zoning ordinance change for them to feel comfortable taking a vote to move the proposal forward to the Board of Supervisors. The applicant’s attorney agreed to add restrictions to the proposed text amendment and re-submit at the August Planning Commission. In the meantime, the township staff will work on finding answers to the questions asked by the Planning Commissioners and residents, including a review of other municipal zoning ordinances that govern assisted living facilities.

I caught up with Trisha Larkin today — curious to know what the DNA president and her neighbors thought of the Planning Commission meeting. She offers her thoughts below …

Thank you to the Members of the PC, along with the many Tredyffrin residents, and DNA members that participated in a respectful and thoughtful dialogue about the proposed C1 Ordinance Amendment.

DNA members articulated their concerns that the Township could set major negative precedence for changing ALL of the Township’s C1 zoning for this ONE developer, for this ONE project, on this ONE space. We fully agree with Mr. Lukens that as our population ages, we shouldn’t have to leave Tredyffrin in order to find a suitable Assisted Living Facility. However, we respectfully request that the PC give a comprehensive analysis as to why Assisted Living use in C1 is a good idea. The goal should be to have consistent and compatible uses that meet the needs of ALL residents. If the PC recommends that Assisted Living use should be added somewhere OTHER than in the Institutional Overlay districts – ONE THING CLEAR – Tredyffrin has ONE shot to “get it right“.

The DNA was thrilled and grateful to the Planning Commission for delaying the vote last night and opposing the Ordinance Amendment with no restrictions. We appreciated that the Applicant was asked to “go back to the drawing board” and place conditional uses/special exceptions/regulations. Rushing this decision comes with a high cost, and careful deliberation is required. As it stands, the Supervisors delayed the Public Hearing until the September 17 meeting. The PC has a daunting task to exhaust all possible options by that deadline.

So … what’s next in this process? Where do we go from here? Further discussion of the proposed C1 zoning ordinance change is scheduled for the August 16 Planning Commission meeting. It is anticipated that the developer and his attorney will present an updated version of the zoning ordinance change; hopefully it will include additional regulations and requirements. We learned this week that the supervisors moved the public hearing on the proposed C1 zoning ordinance change from their August BOS meeting to their September 17 meeting.

“A Job is Not a Life” … Mimi Gleason Resigns as Tredyffrin’s Township Manager

For those of us who attended last night’s Board of Supervisors meeting, it went very late, until 11:30 PM. Now I have to wonder if the 4-hour marathon meeting had any bearing on this morning’s decision by our township manager.

Mimi Gleason has been Tredyffrin’s Township Manager for the last 7 years. Prior to becoming township manager in 2005, Mimi served under Joe Janasik as assistant Township Manager for 3 years. There was no indication at last night’s meeting of Mimi’s impending announcement this morning; and the news has taken many of us by surprise.

Rather than speculating on the reason behind Mimi’s decision to resign, I spoke at length with her this afternoon. She assured me that the decision to leave was completely her own rather than anyone pushing her in that direction. Mimi told the township supervisors and her staff this morning of her decision to resign; her last day will be September 17.

I asked Mimi why she was resigning – was it another job? No, she is not leaving Tredyffrin for another job. In fact, her explanation for the resignation was actually quite simple … “A job is not a life”. She went on to explain that she is uncertain about what she wants to do, but knows that she wants to do something different and to work less. Her plans after September 17 include taking a few months off from work, visiting friends around the country during the fall and her annual trip to Hawaii in January. Although Mimi does not view the decision to resign as some type of mid-life crisis, our conversation did turn philosophical as we discussed the importance of really ‘living’ life.

What has she enjoyed most about serving as our township manager? An easy question, she responded “… the people … the staff … the volunteers … the groups she works with”. I then asked what she liked least about the job and that proved another easy question. Her quick response, “night meetings!” Based on last night’s supervisors meeting that ran until 11:30 PM, I could not help but think that may have made her decision this morning a little bit easier.

Wondering if Mimi could be cajoled into extending that September 17 deadline, I asked her that question. No, her mind is made up. Remembering her words, “a job is not a life”, Ms. Gleason has some living she wants to do!

I know that you join me in wishing Mimi well; wherever this life’s journey takes her. We thank her for her ten years of service to the residents of this community and can take some solace in knowing that this was ultimately her decision, and no one else’s.

Tredyffrin Township: What Price Economic Growth?

What price economic growth …

  • What is the price tag for economic development in Tredyffrin Township?
  • Is it OK to green light a land development project even when it doesn’t meet current zoning regulations?
  • Is it right for a developer and his attorney to create a zoning ordinance amendment to Tredyffrin Zoning Code to suit their needs for a particular project?
  • As a community, do we want zoning amendment changes in Tredyffrin Township without restrictions, requirements or conditional uses?
  • If you are a developer considering a project in Tredyffrin but cannot find suitable zoning, that may not be an obstacle to your plans. All you need to do is write a new ordinance, call it economic development and then watch as the plan moves forward.

This post is an update on the old Duffy catering site on Lancaster Ave. and the proposed assisted living facility. The vacant Duffy property contains approximately 2 acres, with a 1 acre parcel zoned C-1 and a 1 acre parcel zoned R-1. Current zoning does not permit an assisted living facility in C-1 or R-1 in Tredyffrin Township.

With an idea to build a 93-bed/79-unit multi-story assisted living facility on the C-1 parcel, the developer Ed Morris through his attorney Denise Yarnoff of Riley Riper Hollin & Colagreco, submitted a zoning ordinance amendment change to the township to permit assisted living as a C-1 usage.

Tredyffrin Zoning Code currently addresses assisted living facilities in IO (Institutional Overlay) zoning and includes four pages of restrictions and regulations, including residential density, bed density, buffers, setbacks, etc. in addition to a 10-acre minimum acreage requirement. Yarnoff skillfully, and in the best interests of her client, reduced the four pages of regulations to a one sentence zoning ordinance amendment change. She offers no restrictions, regulations or conditional uses … just a C-1 amendment that would allow assisted living in C-1 zoning. I give Yarnoff credit – as the attorney for Ed Morris, she is certainly maximizing the land development needs of her client. Assuming Yarnoff gets this C-1 zoning amendment change, then it should be full-steam ahead for Morris to build his assisted living facility — 93 beds/79 units on 1 acre.

Members of the public do not dare call this proposed action ‘spot zoning’. Supervisors, Planning Commissioners and township staff cringe when residents refer to this proposed change as spot zoning – telling us that it can’t be spot zoning if the change affects all C-1 zoning in the township. On the flip-side, some of these same people tell us there are no plans for assisted living facilities in any other township C-1 locations. As I see it, they cannot have it both ways.

A quick real estate Google search indicates a Tornetta Realty Corp. listing of 6.1 acres of ‘Prime Development’ C-1 land available for $3.5 million at 1057 Howellville Road, Berwyn. Now here’s a thought — if Yarnoff’s proposed zoning amendment change can permit 93 beds/79 units on 1 acre in Daylesford, then by my calculations, there would be room for 560 beds on Tornetta’s 6.1 acres in Berwyn. (Click here to see Tornetta’s Howellville Rd. listing)

I don’t know why certain supervisors and planning commissioners would have us believe that assisted living facilities are not planned for any other C-1 locations. Seems to me that the C-1 land on Howellville Road for sale would present an excellent opportunity for Morris, Yarnoff et al to build a sister location to their Daylesford assisted living facility! And remember folks, no official land development plan has been submitted to the township for this project; this is about changing zoning in anticipation of a plan! Yarnoff’s proposed amendment change for C-1 zoning is being considered without the submission of a land development plan. What’s the saying about the “cart before the horse”?

But aside from any concerns about putting 93 beds/79 units on a 1-acre site, I take an exception to the township’s handling of this land development plan and making changes to zoning to suit a particular developer. Where is the voice of the residents? When elected or appointed officials characterize citizen activism as politics, they’re attempting to marginalize the citizens’ concerns. The most-affected neighbors to this proposed project, the Daylesford Neighborhood Association (DNA) with Trisha Larkin as president, have banded together hoping to have their collective voice heard. Their green and white ‘No C-1 Zoning Change’ signs are populating township lawns and the support is building beyond the immediate neighborhood. Much like George Lucas’ storm troopers in Star Wars, the DNA and their supporters are organizing and preparing for battle but … will it be enough to turn the tides?

Although no land development plan has been officially filed with the township, some seemingly already have the facility built. Let’s disregard the required process in favor of what some officials believe should be the desired outcome. The proposed C-1 zoning ordinance change is on the agenda for Thursday, July 19 Planning Commission meeting — concerned township citizens plan to attend. Right now, I am not certain that their voices will make a difference. According to tonight’s Board of Supervisors agenda, the supervisors will “Schedule Public Hearing to be held on August 20, 2012, to consider amending the Zoning Ordinance, Article XVII §208-65, C-1 Commercial District, Use Regulations to permit a new use: “residential care facility for older persons providing permanent residential accommodations and/or assisted living facilities/services (and supplemental services)”.

Additionally, I have learned that on July 5 the township sent a letter, formally requesting that the Chester County Planning Commission (CCPC) review and provide a formal recommendation on Ed Morris’ proposal to change C-1 zoning. The C-1 zoning amendment change as sent to CCPC is the version written by Morris and Yarnoff, with no restrictions, requirements or conditional use. The deadline for CCPC comment is by August 5 … no accident that the deadline is prior to the proposed August 20 public hearing date.

From my vantage point, the scheduling of the public hearing on the proposed C-1 zoning change and the review request by Chester County Planning Commission in advance of the upcoming Planning Commission meeting is preemptive of the process and citizen input. To move this process along before hearing the concerns of the community is to marginalize the voices of the citizens. Balancing public concerns requires public input and is crucial in determining the pros and cons of development and possible zoning ordinance changes. Residents deserve respect and an opportunity to receive answers from those elected to represent us.

Why the rush to push this zoning ordinance change through? Why no bed density restrictions or regulations? Why no conditional use?

And let’s not forget that Tredyffrin’s Board of Supervisors hired a consulting team in April to conduct an 18-month, $100,000 analysis of the township’s commercial zoning ordinances. This proposal to change the township’s C-1 zoning ordinance is preemptive of the consultant’s analysis which begs a question — why is this township spending $100K for a consultant to analyze the township zoning and make recommendations?

Tredyffrin Township’s Constitutional Conversations: The Battle for Ratification

Segment 2, ‘The Battle for Ratification’ of the Constitutional Conversations cable series is now available for viewing. According to the description provided by co-hosts Rich Brake and Dennis Gallagher, this segment discusses “… the process and the political intrigue surrounding the ratification of America’s new Constitution. They also introduce how the two founding father groups, the Federalists and the Anti-Federalists, debated and resolved their philosophical differences to arrive at a compromise resulting in America’s new system of government.”

I watched Segment 2 of the series, and with no disrespect intended, it took me 3 failed attempts before I could get past the first 10 min. of the 29-min. show. Although both Brake and Gallagher are identified as ‘Constitution Scholars’, from my vantage point it seemed that Gallagher’s role was that of an interviewer asking questions, with responses left to Brake. Not that there is anything wrong with that approach, I just think it is a bit of a misnomer that they refer to themselves as co-hosts. In my opinion, this segment was a bit disjointed in the delivery of information with some technical, editing and sound issues, making it difficult to follow at times.

When discussing the ratification of the Constitution, many nuances exist between the Federalists and the Anti-Federalist point of views and they should be thoroughly considered — each group waged a verbal war in hopes of winning public support for their side. The supporters of the Constitution, the Federalists, argued that the nation needed a stronger national government to create order and stability whereas the anti-Federalists supported the states’ rights approach to government. Arguing that the Constitution gave too much power to the national government at the expense of the state governments, the Bill of Rights became a weapon of defense and the most effective tool for the anti-Federalists. They demanded a more balanced Constitution, one that would be careful to protect the rights of the people and to set limitations on the power of the government. The American people had just fought a war to defend their rights and they did not want an intimidating national government taking those rights away again. Although the anti-Federalists lost the ratification battle, the Bill of Rights stands as a lasting testament to the importance of individual rights.

I found Brake’s discussion of citizen representation interesting. He compares the increased size of voting districts today versus the size they were at the time of the ratification of the Constitution and ponders the question, “Can representation actually take place well, in a setting that is large and distant from the public?” Due to the size of voting districts, Brake talks about the increased resources and finances required by politicians seeking office today. Due to the financial demands of political campaigns, Brake laments that is likely that only the financially elite can afford to seek office. As a result, there is a risk that elected ‘elite’ may not necessarily represent those that they seek to serve. As a proponent of campaign finance reform, I agree with Brake on this point.

In the discussion of the original 10 amendments contained in the Bill of Rights, Brake identifies several, including freedom of speech, religion, petition, right to bear arms, freedom from search and seizure, right to counsel, etc. He points specifically to the importance of the 10th amendment — “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Based on Brake’s emphasis on the rights of the States under the Constitution, I was surprised that he did not use the opportunity to discuss the 10th amendment as related to the Supreme Court decision on the health care bill. There are some, including Mitt Romney who believe that the 10th Amendment places the responsibility and care of health care to the people with the individual states.

I lay no claim as a ‘Constitution Scholar’ and offer these remarks on Constitutional Conversations solely as my opinion. I suggest taking 29 minutes, watch Segment 2: Battle for Ratification, and offer your own thoughts. Click here to watch the second installment of Constitutional Conversations.

T/E School District and Teacher’s Union … ‘Status Quo’

The June 30, 2012 contract deadline for the T/E teachers came and went with no new contract signed. Therefore, as of July 1, the School District and the teachers union, TEEA are now in status quo. This means that the T/E teachers’ salaries will be frozen at their salary level based on their 2011-12 salary until a new contract is signed.

According to the School District website, “… the teachers will continue to receive their salary at the current rate until the earlier of (1) a strike or lockout within the terms of Act 88 of 1992; or (2) the entry into a new contract.”

Also during the status quo period, the teachers health care benefit plan remains intact based on the expired contract, until a new contract is signed between the School Board and TEEA.

The School Board passed the 2012-13 TESD budget in June, which includes a property tax increase of 3.3%, or .6154 mills – equating to approx. $3 million revenue. The 3% tax increase will translate to an annual increase to homeowners in T/E of about $155.

Former T/E School Board member Andrea Felkins created the following graphs with descriptions below each graph for Community Matters readers. When we discuss the benefits, salary and pension costs of the District, it is difficult for some (myself included) to fully grasp the magnitude of the situation. Through the use of the graphs, the data is more organized and easier to understand. When you view the data through Andrea’s graphs, it is much clearer the role that each of the three components play in the budget, especially as the School District moves forward. It should be noted that these graphs assume no salary increases.

Based on the final budget presentation, this is just a depiction of the PSERS and the BENEFITS numbers for the next few years. It’s why I advocate a major change in the benefit plan – knocking $5M off the expenditures annually.

 

Based on holding salaries constant, while PSERS is climbing, benefits stay well ahead of the PSERS contribution.

 

Each piece of the budget deserves scrutiny. This graph shows that PSERS takes a bigger piece each year, but the other components dwarf the PSERS costs.

Go Green … 3rd Annual Eco-Tour Tomorrow in Tredyffrin!

Tomorrow marks the third year for the Tredyffrin Backyard Eco-Tour — Saturday, July 7, eight eco-gardeners in and around Tredyffrin will welcome the public in to their backyards.

The Tredyffrin Backyard Eco Tour will offer gardeners, aspiring gardeners or people who want to learn more about gardening in an environmentally friendly way, an opportunity to see some of the most creative uses of natural landscapes. Living in a sustainable community nowadays is becoming more important as our water and non-renewable resources are becoming scarcer.

  • Tour the gold certified “green” building at Jenkins Arboretum
  • Discover the Discovery Garden at Heritage School (fun for kids)
  • How to install a small pond or water feature in your yard
  • Find out about implementing solar and geothermal energy for homes
  • See 3 Certified Wildlife Habitats and learn how to create your own
  • Learn about locally native plants – trees, shrubs, perennials, vines, etc.
  • Learn how to save $$ on fertilizers, herbicides, lawn care & maintenance

This is a great chance to learn about using native plants, renewable energy, and sustainable practices in your own home and garden. Eco-gardens prove that you can have a landscape that is beautiful and unique – and gentle on the environment. Not to be missed, the tour will provide visitors with plenty of inspiring ideas for their own gardens.

DATE: Saturday, July 7th (rain or shine)

TIME: 10 am to 4 pm (arrive & depart on your own schedule)

STARTING LOCATION: Purchase your “badge” and get map & directions at Tredyffrin Township Library parking lot (582 Upper Gulph Rd., Strafford/Wayne, PA 19087) from 9:45 am to 3:00 pm

COST: $10 per adult, children under 18 free

Constitutional Conversations in Tredyffrin Township

What do you get when you mix a Republican T/E School Board member with a recently elected Tredyffrin Township Republican committee person? The answer, as I discovered on Saturday, is a new township cable show, ‘Constitutional Conversations’ co-hosted by T/E School Board member Dr. Rich Brake and M-4 Tredyffrin Township Republican Committee man Dennis Gallagher.

Flipping TV channels, I was surprised to see Rich Brake on a township cable show. I caught the last 5 minutes of Constitutional Conversations and heard Gallagher mention that this was “In Order for Form a More Perfect Union”, Part 1 of a 5-part series on the Constitution, co-hosted by Brake and Gallagher

I discovered that this new cable show, which made its debut on Thursday, June 28, has an associated blog called Constitutional Conversations, www.constitutional-conversations.com where you can watch the show’s segments. The site also offers some background on the co-hosts and the background of their show. According to their blog,

“ … Constitutional Conversations was conceived at the grassroots level in Tredyffrin Township in Chester County, PA. In the latter part of 2011 Dr. Richard Brake, a resident of Tredyffrin and co-host of Constitutional Conversations, gave a lecture on the Constitution which was attended by some Tredyffrin community leaders. After the lecture the township leaders approached Dr. Brake requesting him to produce a series on the Constitution for the township’s public access television station. They felt that such a series would be an excellent educational opportunity for the township residents and also a wise use of the township’s public access television facilities.

Subsequently Dr. Brake collaborated with Dennis Gallagher, also a resident of Tredyffrin, to produce a five part series on the Constitution entitled Constitutional Conversations. The purpose of this series is to tell the story behind how America’s Constitution came into being, the debates amongst America’s founding fathers as to its design, and the various debates throughout America’s history that continue up to today as to how America’s Constitution should be interpreted in our modern society.”

Most of us know Rich Brake as a member of the T/E School Board. In addition to his elected position, Brake serves as the National Director of Education at the Intercollegiate Studies Institute in Wilmington, DE. According to their website, “ISI seeks to enhance the rising generation’s knowledge of our nation’s founding principles — limited government, individual liberty, personal responsibility, the rule of law, market economy, and moral norms.” Brake is listed online as a member of two local Tea Party groups, Chester County Patriots and Valley Forge Patriots. Brake and I have been playing ‘email tag’ over the last month, trying to schedule a meeting to discuss a Constitution class he was giving for local TTGOP committee people and his involvement in the Tea Party movement (The June Constitution class was ultimately cancelled).

I was not familiar with Dennis Gallagher except that the show bio indicates is the TTRC Committeeman for M-4, which includes part of Chesterbrook. In the last election, Gallagher ousted Jim Bailey (a friend of mine) by a very small margin, to serve as Republican M-4 Committeeman. The cable show identified Gallagher as a ‘Constitution Scholar’ and a bit of research indicated that he is the founder and editor of Political Policy, www.politicalpolicy.net, a blog whose “ … mission is to advance traditional conservatism and preserve America’s First Principles.”

It appears that Gallagher and Brake may have been blood brothers in a former life … apparently sharing similar views on traditional conservatism, limited government and Founding Father principles, they have come together for ‘Constitutional Conversations’ to discuss and educate the public on the Constitution. Looking ahead to upcoming topics to be discussed on the cable show, they have scheduled Part 5: Health Care and the Constitution for August 20.

In last week’s landmark ruling, the Supreme Court announced that in a 5-4 decision (with Justice Kennedy dissenting and Chief Justice Roberts writing the decision) that Obamacare, for the most part is constitutional. It could be interesting to hear the discussion of the health care decision by the Supreme Court discussed by Brake and Gallagher in the final segment of Constitutional Conversations.

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Update: For the first time since I began Community Matters nearly 3 years ago, I substantially edited an article after it was posted. Originally when I posted this article on ‘Constitutional Conversations’, I included comments from local attorney John Petersen. Within a span of less than 24 hours, I received some negative comments and emails about my post and Petersen’s remarks. As a result, I made the decision to edit the post and remove his comments.

I need to be clear … Mr. Petersen did not volunteer to give his remarks on this post, I asked for his comments on Constitutional Conversations and then posted those comments. However today, I made the decision to remove his remarks along with the associated comments. Regrettably, I did not notify Mr. Petersen until after I removed his remarks. As a result of my actions and decision to remove his comments and associated comments, Mr. Petersen wants to set the record straight on this matter and I am honoring that request. Below are Mr. Petersen’s new updated remarks on this blog post.

I’d like to respond to the comments re: the objections over my solicited comments re: Messer’s Brake and Gallagher and their foray into the world constitutional analysis. Accordingly, I’m happy to provide the substance of my point here.

Context is everything. So… when folks look at the “Constitutional Conversations”, they should to look at that in the context of these items:

Rich Brake:

http://www.youtube.com/watch?v=nSkd63MnntA
http://www.youtube.com/watch?v=tPbFY8PJ8cs
http://www.youtube.com/watch?v=dn5RTnqyPAI
http://www.youtube.com/watch?v=MGkCa9wREIs

Dennis Gallagher:
http://www.politicalpolicy.net/
https://twitter.com/#!/grandestparty

If you are going to be considered a “Scholar” – then the body of your work, your statements, etc needs to be looked at in its entirely. You cannot simply cherry pick the things you want.

So…if we are going to evaluate, then let’s evaluate the whole cloth. If you view the cable show on its own, in a vacuum, then you lack the necessary context of what these guys are about. They are quite clever – starting with the seemingly innocuous historical facts. But look how it ends – with health care? It’s not like they leave these extreme political positions at the door. They have a right to say what they want. Folks have a right to be fully informed about what these guys stand for and that their real agenda is advancing their own political view points. It’s kind of ironic when much of what they say is about how the “Left” has captured the media, academia, etc. It’s actually more hypocritical than ironic. That was MY point – that these guys are not really acting in the role of “Constitutional Scholar”. Rather, they are acting as covert politicos that are using the constitutional topic as a pre-text. One may say “Gee John, that’s just YOUR opinion.” To that, I’d say “Yes, it’s my opinion, but it is an informed opinion.” I’d also say to those same people “You are entitled to your own opinion, not your own facts.” My only exception to this are places like school board meetings where recently, Brake has decided to use that platform as part of his “Constitutional Scholar” outlet. I think that is way out-of-bounds.

With that, let’s confront the question of whether these two guys are “Constitutional Scholars.” This matter needs to be settled before it is determined whether getting into the sum and substance of these shows is warranted. If one can argue that these two are not constitutional scholars in spite of the fact that they call themselves that, we can settle the matter right there. That would seem to me to be a reasonable approach.

As to whether they are “Constitutional Scholars” – I’d have to ask them for their credentials. I get the fact that Brake has a PhD – in American Politics. I get that he knows a lot of historical facts. But what I also get is that much of what he says is laced with a very specific political agenda. For backup on that assertion, I cite the YouTube links listed above.

As for Gallagher, sorry to have to be the voice of reason here, but part way through an online school for an MA in History with a concentration in American History simply does not rate one the title of “Constitutional Scholar.” That, coupled with his tweets, blog posts, etc – give evidence to what is also a very definite political viewpoint that are clearly, deep rooted beliefs.

Note, I’m not judging Gallagher’s and Brake’s political view points. I’m indifferent as their viewpoints don’t affect me one bit. I don’t agree with them, but that is not the point. They have every right to express their view points. That said, one of them is an elected official and one of them is an elected committeeman. They have direct involvement in the political process which makes them public/semi-public personalities. When you place your views in the market place of ideas, you invite scrutiny. Whether you are able to withstand/tolerate that scrutiny is another matter.

To be a constitutional scholar, you need to be a lawyer, a law professor and somebody who spends the bulk of their professional life in that arena. Likely, you were a SCOTUS clerk or at the very least, a clerk at the Court of Appeals. You likely have written a horn book and have NUMEROUS law review articles. You do that, you are a constitutional scholar. People like Erwin Chemerinsky, Jonathan Turley, Lawrence Lessig, Laurance Tribe, Cass Sunstein, Akhil Amar, etc. These folks are the real deal. I’m a lawyer and have studied constitutional law – and I don’t consider myself even close to being a constitutional scholar. And based on the aforementioned criteria, neither is Brake nor Gallagher. In my opinion, it says a lot about a person who is willing to have a label applied to them that they have not earned. They are certainly not shy about expressing their opinion on their forum. They should “Scholarly” enough to withstand some criticism. Certainly, Dr. Brake had to do that when he had to defend his dissertation. Shying away from the criticism and not realizing it’s a two-way street says a lot about a person. It’s one thing to lecture and get into 1-way conversations. I think Dr. Brake would cite that is a problem with the “Liberal Academic Establishment.”

And with that, since they are not Constitutional Scholars, I really don’t need to get into the sum and substance of what they are talking about. But if called upon to do so, I’m more than happy to engage.

TE School District … Teacher Contract Costing

Keith Knauss, Unionville-Chadds Ford School District school board member, and regular contributor to Community Matters, has written ‘TE Contract Costing’ that may help us all better understand the teacher-school board contract negotiations process and the reasons for certain decisions. I thank Keith for his research and for sharing the information with us. I have provided an overview below along with my comments. (If you have a problem reading the numbers in the tables, click on the graphic and a larger version will open in a new window.)

In his opening remarks, Knauss states …

“ … Understanding contracts has taken on new importance since Act 1 of 2006. Previous to Act 1, school boards could negotiate contracts and raise taxes to whatever level was necessary to balance the budget. Since Act 1, many districts have had to, with great reluctance, reduce staff and programs to keep budgets within the limits of the ‘cap’.”

Employee compensation is the major factor determining the size of a school district budget and, subsequently the real estate tax rate increase. If the District budget is to be balanced under the restrictions of Act 1, close attention must be paid to the terms of the contracts.

In the following table, Knauss presents the TE offer summary – the initial 1/9/12 offer by TEEA, the TE School Board 2/9/12 offer and TEEA 6/18/12 offer. The table indicates the average teacher compensation and taxpayer impact. According to Knauss, “The percentage increase in Average Teacher Compensation is more than the percentage increase of Local Tax Impact for 2 reasons … state subsidies and attrition.”

The following table reviews the salary and benefit packages of TE teachers. Krauss provides the approximate compensation (salary and benefits) for the average T/E teacher using the current teachers contract. The numbers are supplied by the District or are multiplications of the salary and the appropriate rate (PSERS and FICA).

Knauss presents the following Salary and Benefit table, offering that the “… Total Teacher Compensation is a straightforward multiplication of the Average Teacher Compensation and the number of Employees. Total Teacher Compensation is the money taken from the taxpayers (local and statewide) for the services provided by TE teachers.”

Here is an interesting graphic from Knauss, indicating the funding sources for teacher compensation. The major source of funding – local taxes and a secondary source of funding is from state and sales tax for half of PSERS and half of FICA.

Krauss looks at the effect of any contract settlement on the T/E taxpayers, and whether it can be financed within the Act 1 limits. He looks at two different costing methods – “One method looks at the total cost of the contract to all taxpayers, local and statewide; the other method looks at the cost of the contract to the local taxpayers to reflect the local tax impact of any other offer by ‘backing out’ the statement reimbursement for PSERS and FICA.”

The Local Tax Impact is calculated by “backing out” the state contributions to FICA and PSERS. Notice that the state contributes $3.0M in subsidies to lessen the Local Tax Impact.

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When reviewing a teacher contract offer, Knauss supports the use of the following criteria:

  • Is the offer economically sustainable under Act 1 limits?
  • Are the compensation increases of the offer in line with the current economic climate?
  • Is the compensation appropriate to attract and retain employees of quality?

Knauss answers a question that many have wondered … what happens if the teachers and the school board cannot reach a settlement? Due to substantial differences between TEEA and TE School Board, the union requested fact-finding by the PA Labor Relations Board. The independent fact finder will review both TEEA and TESD proposals and then make recommendations … however, remember the recommendations are non-binding.

The current teachers’ contract ends on Saturday, June 30. If an agreement is not reached, the teachers enter the “status quo” period, meaning that they continue to teach … to the expired contract. The teacher’s benefits and salary remain the same as in the expired contract. It is obvious that the School Board would not want an extended ‘status quo’ status for the teachers because it precludes any change to heath care benefits, compensation, etc. Knauss points out, that although the teacher compensation is frozen at its current level in ‘status quo’, legally the District must absorb any increases due to PSERS contributions or healthcare.

However, the situation is different from the teachers’ standpoint. During better economic times, the teachers would not want their contract settlement in ‘status quo’ state because working under the expired contract would mean that they would receive no additional compensation for years of service increase. But what choice do the teachers have?

According to TEEA website, the teacher’s last offer included a reduction in health care benefits and salary freeze for the first year. In their rejection of the union’s offer, the School Board instead asked the teachers to take a compensation reduction of $8,000 per teacher – which equates to as much as 13% for some teachers. There is little surprise that TEEA rejected that District’s offer, opting instead to go to the PA Labor Board. Why would the teachers want a new contract … status quo also keeps their current salary intact and preserves their current benefit package intact.

Knauss provides a multi-year analysis, assuming status quo and average compensation. He presents his analysis in several slides, giving us an idea of what certain scenarios would mean to the average taxpayer. To read Keith’s full report, click here.

Paoli Transportation Center project — Taking Another Step

Monday morning marks the next step for the Paoli Transportation Center project!

Five months ago on January 31, I wrote that SEPTA had awarded a $7.5 million contract to Gannett Fleming for the design of a new Paoli regional rail station and parking garage. The plan calls for building the new station 80 feet west of the current train station location to better connect SEPTA and private buses. The plan will involve high-level platforms and the reworking of Amtrak interlocking system. PennDOT selected Parsons Brinckerhoff for the interlocking design work on the Keystone Line between Philadelphia and Harrisburg, which include the Paoli Transportation Center. Gannett Fleming design work is to take place through 2014.

At the same time that SEPTA announced its award to Gannett Fleming, the township selected McMahon Associates as the engineering consultant team to complete a study to outline recommendations for the necessary road improvements, including the bridge, needed to support the new transportation center. The McMahon study will address congestion, public safety and establish a plan for an overall vision for the new train station through traffic calming, streetscape and intersection modifications. This is a state-funded project and completion is expected by the end of 2013.

Tredyffrin selected Bergmann Associates as the engineering team to design the signal and roadway improvements for the intersection at Rt. 252 and 30. The design will be based on the 2011 feasibility study. This design study is state and federally funded and expected to be completed by 2013/14.

Well folks, it looks like the Paoli Transportation project is taking its next step – tomorrow, Monday, June 25 at 7:30 AM, there’s a press conference at Paoli Village Shoppes to officially announce the start of the Paoli Transportation Center project.

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