Tredyffrin Township Archives - Page 52 of 130

Tredyffrin Township

With only a few days remaining in June, it does not appear that a new contract will be signed in the T/E School District by the June 30 deadline. According to the Tredyffrin-Easttown Education Association (TEEA), attempts to resolve the contract differences between the school board and teachers have reached an impasse, and therefore they are requesting independent fact-finding from the PA State Labor Board.

On Monday, June 18, TEEA made a 2-year “off the record” proposal to the school board that “… included a reduction in health care benefits, an increase in health care premium share including a shift to percentage-share, a reduction in advanced studies assistance, and a full salary freeze in the first year. In return, TEEA asked for salary schedule advancement for non-master teachers in year two, a one-year-only “off-schedule” salary premium for master teachers in year two, and “no-demotions” language for the duration of the contract. This offer was rejected.”

The counter-offer from the school board asked the teachers for a salary reduction, approximately $8,000 per teachers. According to TEEA, the reduction could equal as much as 13% for some of their members. Earlier in the month, the teachers had agreed to modify their contract regarding tuition reimbursement. Their offer which was accepted and at last week’s School Board meeting, a Memorandum of Understanding was entered into which modified the existing contract for one year. The MOU represented a savings of more than $400K; as a result, teacher demotions were taken off the table as a budget strategy.

It has becoming increasingly more common for PA teacher unions to take the route to request an independent arbitrator from the PA Labor Relations Board. Under Act 195, this is a process used to resolve contract negotiations when the parties have reached an impasse. The severe economic times and decreasing revenue are creating major challenges for school districts; therefore making reasonable teacher negotiations almost impossible. As I understand the process, the independent arbitrator will hear both sides, with TEEA and the School Board presenting evidence to support their position. Based on the fact-finding, the Labor Relations Board will issue a report containing their findings along with recommendations for settlement. It should be noted that the report is non-binding and the recommendations require the approval of both TEEA and the School Board.

According to a recent Daily Local article, West Chester teachers and their school board are also far apart on their new contract negotiations. Like T/E School District, Jeffrey Sultanik is serving as West Chester School District’s chief negotiator.

However, unlike TEEA, the West Chester Area Education Association is proposing a salary increase of 18.3% over the course of the 3-year contract, with a cost of living increase plus a salary step movement equating to 5.57% increase first year, 5.81% increase in year 2 and 3. The union is also requested expanded health care benefits and additional pay for meetings and a reduction of 2 work days. All I can say is WOW! I have to believe that TEEA and our School Board are not nearly as far apart as the School Board and union in West Chester.

Discussion Continues on Tredyffrin’s Proposed Stormwater Overlay District Ordinance

June 21, 2012

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A continuation of the Public Hearing on the Trout Creek Stormwater Overlay District ordinance followed this week’s Board of Supervisors Meeting. Click here for the June 2012 revised ordinance.

A group of 35 resident volunteers, have been working with the township staff and the potential developer of the Richter tract, Joe Duckworth, on revisions to the proposed new zoning ordinance. (For earlier discussions and specifics of Duckworth’s proposed plans for the property, enter Richter in the search tool on the home page of Community Matters.)

As part of the proposed overlay district, large storm water basins would be included on the Walker Road side of the property – access to the property would be from Old Eagle School and Swedesford Road. Although Duckworth has not submitted official plans, his proposal contains twin carriage houses and townhouses on the property for this property.

The resident volunteers, the Working Group, in conjunction with Duckworth and township staff, has significantly updated the original ordinance. Tom Colman presented comments from the Working Group, and Jeff Kosterich offered specific comments from the storm water sub-group. Based on their remarks, Colman and Kosterich suggest that although the updated draft ordinance is more satisfactory, residents feel that further modifications required before it should pass.

The Trout Creek Stormwater Overlay District ordinance would be applicable to all areas in the township located in the Trout Creek Watershed. The Working Group was composed primarily of Glenhardie residents. The Richter tract is located in the Glenhardie neighborhood and because Duckworth’s development would most affect this section of the township, they are the ones with the louder voices on this issue. Although different zoning changes required, in some respects, the proposed storm water overlay district ordinance is no different from how the proposed C-1 zoning change which would allow an assisted living facility in the Daylesford section of the township. Although both the proposed Trout Creek Stormwater Overlay District and the C-1 assisted living zoning change are tied to specific projects (Richter tract and Ed Morris’ assisted living project) should these zoning changes be approved, they are applicable to all the township. My point … all residents owe it to themselves to be ‘up to speed’ on these two important proposed zoning changes, regardless if you live in the Glenhardie or Daylesford areas of the township.

As the designated representative for the Working Group, Colman asked that three specific issues be considered in conjunction with the proposed Trout Creek Stormwater Overlay District ordinance.

Accountability Measures: The residents would like assurances that once the storm water basins are designed and implemented that there is accountability for ongoing maintenance and continued functionality. They suggest that the township adopt an official policy for accountability to prevent the risk to residents of failed storm water basins after installation. It was reported that Duckworth has agreed to an accountability policy that would be applicable to all developers in the Trout Creek Stormwater Overlay District. I agree that there should be a township policy (and enforcement); otherwise why bother to require storm water basins in any future land development plans.

Communication/Notification Policies, Practices and Procedures on Zoning-impact Matters: The conclusion from the Working Group members was that the Township is too lax on communicating information to those residents most impacted by zoning issues. If you recall, many of the Glenhardie neighbors were not notified of the proposed Richter plan development project which caused much unnecessary angst in the community. Similarly, we have seen the same lack of communication in the proposed assisted living project and C-1 zoning change in the Daylesford neighborhood of the township. When there is a neighborhood directly impacted by a zoning change there should be specific guidelines for notification and an explanation of the process for the residents. Many township residents are not aware of the processes required for land development plans and zoning changes that may be required for projects in the township. Communicating the Township process and the relationship of the Planning Commission, Zoning Hearing Board, supervisors and township staff could be helpful to residents.

Storm Water Action Team: The Working Group suggests that the township develop a plan to address the township’s storm water problems. As Colman explained, “Too many areas of Tredyffrin are enduring repeated damage, hardship and risk to life and property when we get even modest rainfall. It’s time to identify specific, measurable objectives, timelines, resources, and responsibilities to address this problem in a proactive way … This is not an issue like shade trees or pothole repairs; lives are at risk. We need a real plan, and we need it now.”

Traditionally there has been a real reluctance in this township to increase taxes, so it was interesting to note that the Working Group offered their own suggestion for funding storm water solutions. On a personal note, I don’t know how much longer the ‘no tax increase’ mantra can continue around here … due to increasing expenses and decreasing revenues, supervisors have been forced in recent budgets cycles to cut township staff (among other expense reductions) in an attempt to avoid a tax increase. As residents, we have watched as township services have continued to decline. I use Wilson Farm Park as an example … once the jewel of the township and an award-winning municipal park design, it is very sad to see how overgrown it now looks. Wilson Farm Park’s current condition is no doubt a direct result of the personnel and funding cuts to the Public Works department in recent Township budget cycles.

In the case of the proposed Richter development, the developer (Duckworth) indicates a willingness to pay for the cost of necessary storm water improvement. However, the storm water problem and costly solutions is more significant in the Township than could be resolved through the development of the Richter tract. The Working Group suggests that the approximate $250K yearly tax revenue from the proposed Richter tract development go towards the funding of a substantial bond issue.

Personally, I would like to see the supervisors create a resident volunteer group to review the idea for a township storm water utility. Operating much like an electric or water utility, the storm water utility would collect fees related to the control and treatment of storm water that could be used to fund a municipal storm water management program in the township. Based on Jeff Kosterich’s remarks that a number of engineers and storm water professionals living in the Glenhardie community volunteered their expertise on the storm water sub-committee, why not continue to tap into these valuable volunteer resources? Our township is rich in its wealth of accomplished, educated residents; why not utilize volunteers to help solve the storm water funding problem.

The next step for the Trout Creek Stormwater Overlay ordinance process is a review of the ordinance update by the Planning Commission. My understanding is that the ordinance then moves to the Chester County Planning Commission for review and comments. Following the county review, the ordinance returns to the township supervisors, presumably in time for the July Board of Supervisors meeting for further discussion and possible vote.

Report from Tredyffrin’s Business Development Advisory Committee … I was hoping for ‘New’ news!

June 19, 2012

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Last night’s Board of Supervisors meeting and public hearing for the Trout Creek Overlay Ordinance was another marathon 4-hour meeting, ending at nearly midnight. An overflow crowd along with Channel 6 ABC news crew attended the early part of the meeting, specifically for the swearing-in ceremony of the police promotions of Lt. Leon Jaskuta, Lt. Taro Landis, Sgt. Ryan Scott, Sgt. Michelle Major and Sgt. Tom Bereda. Congratulations to these members of Tredyffrin’s police department.

The meeting featured the long-awaited presentation from the Business Development Advisory Committee. The Board of Supervisors approved the formation of the committee in April 2011 and the committee of six volunteers has worked together for 6 months to create a list of suggestions and recommendations.

According to the township website, the mission of the Business Development Advisory Committee was to … “provide recommendations to the Township Supervisors to enhance the economic vitality of Tredyffrin Township through business retention and attraction in a manner consistent with the character of the Township. The end result of this ad hoc council will be the development of a series of strategies along with suggested tactics, budgets, resources, and timing required to accomplish the Township’s business development goals.”

As a small business owner in the township, I wanted the committee to thoroughly review the business climate of our community, talk to small business owners, community members, real estate developers and corporate representatives. To what degree this was this accomplished … I am unclear. As I mentioned in an earlier post, one of the named community liaisons to the advisory committee was Donna Shipman and she was not contacted. Beyond a meeting early in the process with Judy Huey and her brother Rob DiSerafino, owners of Paoli Village Shoppes, what other small business owners were contacted by the committee? As follow-up to her meeting with members of the Business Development Advisory Committee, Judy provided the group with a list of township contacts with phone numbers and email addresses. I don’t know how many (or if any) on the list were contacted. I know at least 3 people (including myself) who were not.

Beyond their financial and corporate backgrounds, another reason that the six volunteers were seemingly chosen for this advisory committee was that these individuals were not already involved in the township – they did not sit on commissions or boards in the township. And as I have stated, it was disappointing that no one chosen was a small business owner. My guess is that by choosing these volunteers they would bring fresh, new ideas and recommendations for improving the economic business climate of the township.

Stanford Nishikawa presented the report from the Business Development Advisory Committee. Through a power point slide presentation, the report identified the following advantages for doing business in Tredyffrin Township:

• Low and stables taxes
• Diversity of employer
• Transportation/location
• Excellent school system
• Existing township efficiencies

Disadvantages for business in Tredyffrin:

• Land constrained/redevelopment dependent
• Paoli traffic/parking/walkability
• Danger of outdated office product

Nishikawa explained there is a real and existing danger in the outdated office space inventory in the township. The majority of the corporate office space was constructed in the 1980’s and early 1990’s. Now 30 years old, the buildings are no longer able to attract the larger employers. If there is not an investment in office buildings, the higher quality employers will leave. If investment dollars do not keep up the office space, these buildings will continue to disintegrate. According to Nishikawa the only lever to pull – dropping rent – will only result in a continued drop in value of the office space, which will drive down the real estate assessment and thus create a longer term problem.

As explained by Nishikawa, there were lots of ideas and they were challenged to vet them. Under the recommendation context, the following themes were mentioned:

• Probability of success versus potential benefit versus cost
• Suggestion to take a holistic approach
• Create an environment that is business and user friendly
• Suggest a proactive approach

The report recommended that the township (supervisors?) do the following:

• Name a senior leadership business liaison
• Personal touch
• Promote advantages
• Modernize zoning codes
• Create website for commercial users
• Offer online permitting
• Education/interaction programs
• Support the Paoli Transportation project
• Residential appeal

Here’s where this report failed to inspire or suggest anything that has not already been said before. Although Nishikawa states a “personal touch” is needed to encourage business development and that the township should promote the advantages of doing business in the township, how is this accomplished? The welcome wagon, cheerleader approach to attract business is subjective … more like a PR/marketing campaign than something easily accomplished by staff or elected officials.

Nishikawa returned often to the need for elected officials to support the Paoli Transportation project. He stated that the project has been sitting around for 30 years and that the township needs to do everything it can to move it forward. An extremely expensive plan, state and federal dollars are needed and the township must help. This is old news – plus, under their ‘disadvantages’ of doing business in Tredyffrin, the report names traffic, parking and walkability as negative issues in Paoli. Although the report states that there is community support for the train station project, it is also suggests there is concern for its future and the need for elected officials to help move it forward.

Following the presentation from the Business Development Advisory Committee, the question was where do we go from here? What’s the next step? A motion was made by the supervisors to put together a plan and add the discussion for the supervisors August meeting to implement the recommendations.

I wanted this advisory committee to do more … I wanted concrete steps for economic development. One suggestion listed in the report — to create ‘education/interaction programs’ – What? How? Another suggestion, develop a ‘holistic’ approach to business development … What? The report states that the township needs to take a ‘proactive’ approach… How? Where are the specifics? What are the suggested steps?

I have a friend who always tells me, that just because I ‘want something’ to be a certain way, doesn’t mean that it ‘will be’. The volunteer advisory committee probably believes that their report accomplishes what was requested and that they met the mission’s goals and objectives, but did they? I restate from the township website, “…The end result of this ad hoc council will be the development of a series of strategies along with suggested tactics, budgets, resources, and timing required to accomplish the Township’s business development goals.” I expected, and wanted more, in the way of specifics from this Business Development Advisory Committee.

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I hope to provide other updates from last night’s meeting later today.

T/E School Board Passes 3.3% Tax Increase; Highest Percent Increase in the Area

June 15, 2012

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The T/E School Board meeting on Thursday night was rather anticlimactic. Most of us who have been following the budget process were not surprised by the 3.3% tax increase (1.7% Act 1 Index, 1.6% referendum exceptions) for the 2012-13 school year. Based on the District’s average residential assessment of $252,601, this translates to an average increase of $155 per homeowner in their tax bill.

The Act 1 Index increase will produce projected revenue of $1.5 million and the exceptions increase projected revenue of $1,498,916. The total revenue produced by the 3.3% tax increase is $2,998,916. The 2012-13 tax will be levied at the rate of 19.2628 mills, on the assessed valuation at a rate of $19.2628 per $1,000 assessment; an increase of .6154 mills from the 2011-12 tax rate.

How does TESD tax increase of 3.3% increase for 2012-13 school year stack up against neighboring school districts? The following local school districts have approved their budgets for 2012-13 and needed to include the following tax increases:

Radnor School District: 3.21% tax increase
Great Valley School District: 3% tax increase
Haverford School District: 2.73% tax increase
Lower Merion School District: 1.99% tax increase
West Chester School District: 1.7% tax increase
Downingtown Area School District: 1.7% tax increase
Phoenixville School District: 1.66% tax increase
Unionville-Chadds Ford School District: proposed 2.65% tax increase in Chester County and a 1.74% decrease in Delaware County (the difference comes changes in the gross property valuation of the two counties) to be approved at UCFSD meeting on Monday, June 18.

Following the final budget summary, discussion and resident commentary, the school board members were presented the opportunity to weigh-in on why they were voted for or against the 2012-13 budget. The 2012-13 budget passed 7-2 with school board members Liz Mercogliano and Rich Brake providing the dissenting votes. Brake provided a lengthy 30-minute oration, which offered historical details of what brings the District to this point and his reasoning for voting against the 2012-13 budget.

Ray Clarke also attended the school board meeting and offers his thoughts on last night’s School Board meeting. Thanks Ray!

Comments from Ray Clarke …

1. Karen Cruickshank reported that the tone in the TEEA negotiations is “increasingly positive”. One small signal of this is the memorandum of understanding that removes the requirement for the district to pay for “advanced studies assistance”, in return for dropping the demotion idea for 2012/13. Amazingly, this saves $360,000 – and it’s not even all the tuition that is paid! (Payments are continuing for those on the lowest Bachelors steps).

2. The General Fund Balance debacle continues. At its root is the fact that the Board treats this as a completely discretionary slush fund, with absolutely no rules about how it is to be used. I believe that it is completely unacceptable for $30 million of taxpayer money be be treated so cavalierly. Just one example: last year the “commitment” for PSERS “stabilization” was $15.4 million, this year it’s $3.6 million. It’s not that the difference has been used to stabilize PSERS, it’s just that the number is a plug for when other things have been accounted for. Ridiculous. Why even have that item in the first place – we plan to raise taxes for it anyway.

Having said that, the changes in this year’s commitments do move us in the right direction. $10.4 million will be moved into the Capital Fund, where it will be used for the one time expenses that we’ve discussed here are the appropriate uses for the Fund Balance.

Also worthy of mention is the commitment for the liability for vested employee services. This went up by $0.8 million. The actual payment was $0.3 million; It’s interesting that the actual employment expense was therefore $0.5 million higher than was recognized in the operating statement, another problem deferred for future taxpayers.

3. Which gets me to Dr Brake. He treated us to a half hour analysis of the school district’s finances and the changes over the last decade or so, with desktop slides. I encourage all to look for the video. He voted against the tax increase, and argued for “an entirely new status quo” for the school employees. Here are some notes I took with my commentary:

– The drop in revenues from assessment appeals offsets the increase from increasing the tax rate for the exceptions. He used this to suggest we have reached taxing capacity.

– Special education is a “ticking time bomb” and the increased costs of autism “threaten public education”. Relatedly, we heard in the Policy Committee how parents of non-residents, shopping for schools, want the right to come into classrooms to observe TE”s special education programs.

– All entities (governments/households, US/Europe, etc) have a “pathological addiction to spending beyond our means”. [An OT comment: In a long run he’s right that this is unsustainable, but in the short run, national governments able to determine monetary policy can have a stabilizing role when consumers all of a sudden come to that unsustainable realization. The problem in the US is that the political actors cannot agree on the long run plan to get the house in order, and in Europe, they have a completely crazy monetary union without a fiscal union].

– For TE routinely taxing to the max is unsustainable and not the solution. I note that the agreed 3.3% tax increase this year, and the subsequent annual 3% increases in the 4 year projection model accumulate to an increased tax bill of $600 per year for the average residential assessment. And there’s still a $4 million deficit in 2016/16.

– He is now going to pay more attention to the Fund Balance. Good!

What is the Price Tag for Economic Development in Tredyffrin Township?

June 13, 2012

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What is the price tag for economic development in Tredyffrin Township? Is it economic development at any cost; or is the answer to the question … whatever it takes.

Is it OK to ‘green light’ a land development project in Tredyffrin Township even if it doesn’t meet current zoning regulations? Is it OK to change zoning usage to suit a particular developer (and his plan) simply for the sake of economic development? Is it OK to change zoning to accommodate a specific project and developer … and by so doing, change zoning for the entire township? Is it OK to have developers and their attorneys create zoning ordinance amendment changes to Tredyffrin Zoning Code … to suit their particular needs?

I’m talking about the old Duffy Catering site on Lancaster Ave. and the proposed assisted living facility. No land development plan has been ‘officially’ filed with the township, yet there are some appointed and elected officials who seemingly already have the facility built! Facts and the required process seemed to have been discarded in favor of what ‘some’ officials believe should be the desired outcome. In this case, that means change zoning to allow a developer to construct a multi-story assisted living facility on barely 1 acre of commercial property when current zoning only permits such use on 10 acres as an institutional overlay.

At first blush, a resident might think that building an assisted living facility on the old Duffy property on Route 30 is a good idea. Before knowing all the facts, I probably would have agreed that this sounds like a good use for the property. I’m not opposed to an assisted living facility in Tredyffrin Township and …, as long as an open and transparent process is followed, all questions are answered and no rules are changed or broken, such a project could have my complete support.

But unfortunately, that is not looking like the path that is being taken for this project. The Duffy property is a 2-acre site, with approximately 1-acre C-1 zoning and 1-acre R-1 zoning. (The R-1 parcel of the property was used by Duffy’s for parking). Current zoning does not permit an assisted living facility in C-1 or R-1 in Tredyffrin Township. Rather than taking the traditional path seeking either a variance or conditional use, the developer Ed Morris, through his attorney Denise Yarnoff have submitted a C-1 zoning ordinance amendment change, to allow assisted living as usage. (As I have previously stated on Community Matters, Planning Commission meeting minutes indicate that Yarnoff thought that seeking a variance would be too costly and too time-consuming for her client.)

The Tredyffrin Zoning Code addresses assisted living facilities in Institutional Overlay (IO) Zoning and includes 4 pages of restrictions and regulations, including residential density, bed density, acre requirements, buffers, setbacks, etc. Ms. Yarnoff reduces the pages of assisted living facility regulations in Tredyffrin Zoning Code to 1 sentence in her requested zoning ordinance amendment as follows:

“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 statues, rules and regulations along with support services, which may include, but not limited to: personal health care and health care services, medical services, skilled nursing, community facilities, and congregate dining facilities”

I need to be very clear … this requested zoning ordinance amendment change is for all C-1 zoned property in Tredyffrin Township. The developer and some of our local officials would like to have it both ways. On one side, they refuse to admit that this requested zoning amendment change permitting assisted living facilities as a usage in C-1 zoning is ‘spot zoning’. But on the other hand, they would have us believe that there would be no plans for assisted living facilities in any other C-1 locations. Sorry, but I don’t think they can have it both ways.

For the record, ‘spot zoning’ as defined by Merriam-Webster Dictionary:

: the illegal singling out of a small parcel of land within the limits of an area zoned for particular uses and permitting other uses for that parcel for the special benefit of its owners and to the detriment of the other owners in the area and not as a part of a scheme to benefit the entire area.

I would love for someone to explain to me how changing zoning to suit a specific developer and his plan is not ‘spot zoning’ … looks to me like the Duffy assisted living project fits Webster’s definition!

The draft plan for this assisted living facility indicates a bed density of 93 beds on 1 acre. It is my understanding that this level of proposed 1-acre residential density for the Duffy property does not exist anywhere else in all of Chester County! It is also interesting to note, that changing C-1 to permit an assisted living facility usage also has not occurred in Chester County. Commercial zoning is for the regulations of goods and services not people; which is why assisted living facilities would typically be found in residential zoning code not in commercial zoning code.

Here’s something else — when Duffy’s was an operational catering business, the R-1 parking (non-conforming use of land for parking) was utilized. The developer’s plan for an assisted living facility on this site assumes the continued use of R-1 parking; a belief that this non-conforming parking use would be grandfathered in and therefore available for use in the proposed assisted living facility. A review of the Tredyffrin Zoning Code would indicate otherwise – see below:

ARTICLE XXIV

General Provisions

§208-99. Nonconforming buildings or uses.

Zoning, Chapter 208, page 108

D. Restoration. Building reconstruction to restore a building containing a nonconforming use shall commence within one year of the date the building was destroyed or condemned and shall be carried on without interruption.

[Amended 9-10-2007 by Ord. No. HR-360]

E. Discontinuance. If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of one (1) year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.

The Duffy property has sat vacant (and for sale) for at least 4 years, which means (according to Tredyffrin Zoning Code above) that the developer for this proposed assisted living facility cannot use the R-1 parcel for parking in his plan. Clearly exceeding the discontinued use of 1 year per the Tredyffrin Zoning Code, no grandfathering on the R-1 parking is permitted. We can add this to the list that makes this proposed assisted living facility at this particular location problematic. Or, is it possible that our elected officials may just ignore the township’s Zoning Code to accommodate the project?

We should not forget that two months ago, our supervisors voted to spend $100,000 for consultants to review the township’s existing commercial zoning and make recommendations. If the township is spending $100K for professional zoning advice, it would seem that there should be a moratorium on any zoning changes until the zoning expert has an opportunity review and weigh in. My guess is that setting precedent by changing C-1 zoning to include assisted living facilities without any regulations or restrictions would not be something that most zoning experts would think is a good idea. If an assisted living facility as a usage in C-1 zoning is so important, why wasn’t it included in the update of the township’s comprehensive plan completed just 3 years ago, in 2009?

Why is there such a sense of fait accompli among some of the appointed and elected officials in this township in regards to this project? The proposed assisted living project may have started out as a ‘not in my backyard’ (NIMBY) zoning battle between a Daylesford homeowner and a developer but now has many of us in the community asking questions. Perhaps originally only concerned for her backyard, Trisha Larkin, the Daylesford Neighborhood Association president is now taking a stand for her neighborhood and for the township.

Voicing strong opposition for the requested C-1 zoning change and the proposed assisted living facility, Trish states, “The DNA favors economic development where solid process is followed, and when it serves for the greater good of its residents. This proposal favors the developer and NOT our community or Tredyffrin Twp.!”

An online ipetition has been created to “Oppose Ordinance Amendment adding Assisted Living Facility use in Commercial (C-1) Zoning in Tredyffrin Township”. Changing C-1 zoning to include assisted living is not just a Daylesford neighborhood issue; it is a township wide change. If you would like to add your name to the petition, click here.

For some of the appointed and elected officials in this township, the requested C-1 zoning change to permit assisted living facilities may be a fait accompli, but for some residents, that decision may be far from over.

Again, I ask … what is the price tag for economic development in Tredyffrin Township?

Long Awaited Report from Tredyffrin Twp Business Development Advisory Council … Soon to be released

June 10, 2012

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Because of increasing empty storefronts and vacant corporate buildings, I wrote a post fourteen months ago asking if there was anything that could be done to attract new businesses and stimulate long-term, stable, economic growth in our community. In the February 2, 2011 article, I said,

I wonder if a township business task force would help . . . a volunteer group of local retired executives, small business owners, and corporate representatives. The group would meet monthly with a mission to spearhead ways to improve existing relationships and provide assistance and a resource for township businesses. This important support group for the business community could provide regular updates and suggestions to the Board of Supervisors. Just an idea . . .

A couple of months after this article appeared in Community Matters, the Board of Supervisors approved the creation of a Tredyffrin Business Development Advisory Council in April 2011. Supervisors Michele Kichline, Phil Donohue and Mike Heaberg held meetings with local companies, real estate and leasing representatives, etc. and designed a model for this volunteer advisory group.

Following the establishment of the criteria, community members wishing to participate were asked to submit letters of interest for consideration. From the 20 applications received, six residents were chosen to serve on the advisory board including Dan Fishbein, VP of BNY Mellon; Eric Kleppe, Turner Investments; Stanford Nishikawa, junk-bond analysis and private investor; Jim Sanborn, Gen Manager, Interstate & Ocean Transport Company; John Susanin, SSHH Real Estate and Bill Thomsen, Urban Engineers. In my November 15, 2011 Community Matters post, I provided the announcement of the advisory group members and their mission,

“This group was chosen for its cross section of business, strategic, planning and marketing expertise. They are highly skilled citizens who do not currently serve on our boards and commissions and have agreed to take a critical look at all aspects of the Township that relate to business development and business retention. This includes, but is not limited to zoning, transportation and marketing.”

In addition to supervisors Kichline, Donahue, Heaberg, and the six citizens listed above, four community liaison members were named to assist the group – Tory Snyder, Planning Commission; Beth Brake and Donna Shipman, Community Affairs and Small Business; and to represent the Paoli Business community, Dave Rowland.

As explained last fall by the supervisors, the group would work together for 4-6 months and then present their findings, which were to include recommendations and suggestions. As follow-up to their public report, it was intended that a long-term business advisory group would be created. It was recently announced that the advisory group is completing their study and will present their report at the supervisors meeting on June 18. I look forward to their report and am hopeful that there will be some positive news. However, I was troubled to learn yesterday from one of the named liaisons to the group – Donna Shipman that she was never contacted by the advisory group nor was she asked to provide input. According to Donna, she contacted several supervisors to express her concern but there was no follow-up from the advisory group.

This information is concerning … was Donna’s experience as a liaison to this advisory group an isolated situation? Were the other three liaison members involved and part of the process? As they conducted their research, who in the community was contacted by the advisory group? Did they speak with members of the small business community, corporate and real estate representatives, the township staff? I believe that there was potential for the Business Development Advisory Council to make a difference in the community through outreach and research … did the group achieve their mission?

We are all interested in the revitalization of our community and the current economic climate presents unique challenges. The political influence of elected leadership is critical to helping communities stay the course toward a vibrant economic future. Dedicated leadership is needed to raise awareness, help develop and communicate a common vision and motivate the community into action. Our elected officials have opportunities every day to effect change and promote a strategic vision of economic growth for their community growth. Is this a priority of our elected officials and if so, how successful are they in meeting the objective?

At a friend’s suggestion, I recently spent some time driving and walking around downtown Malvern. By the way, I would encourage everyone to take the time and visit this place … talk about economic redevelopment! Wow. It is so exciting to see all the changes and development, including adaptive re-use of existing buildings and new construction, in their town center. As an example, the original old Malvern fire company building, off King Street, was restored and retrofitted for mixed-use; the lower level commercial and upper level residential condominiums. Brick walkways, Victorian light posts and flowering planters line the downtown area the length of King Street; a total renaissance is occurring in this small borough, next-door to the west of us.

I want what Malvern has managed to achieve, for ‘our’ community. Malvern, Phoenixville, Wayne, West Chester, Media – all these places are faced with similar economic issues as ‘us’, yet these places are moving ahead in spite of the challenges … so why can’t we?

Looking forward to the public report from Tredyffrin Township’s Business Development Advisory Council on June 18; I want to hear the group’s ideas and suggestions on ways to revitalize and stimulate economic growth in our community.

Long-Term Pension Reform … Only Solution For Pennsylvania Taxpayers

June 7, 2012

41 Comments

As school boards across the state are scrambling to balance their own budgets, it’s also crunch time in Harrisburg. At this point, it is unclear how much help the Governor and his administration is willing to provide in the budget for education. Even if Corbett restores some of the education funding in the state budget, it seems impossible that the economic crisis in school districts will be solved.

School boards have been put in the difficult position of making tough decisions on educational programming cuts, staff reductions, increased class sizes, etc. in an attempt to balance budgets. But looking ahead, how does the state and local school districts handle the inevitable … the pension tsunami. Whether it is the pensions of the state government workers or the public school teachers, how is it possible to solve this seemingly impossible situation?

The State Employee Retirement System (SERS) and Public School Employment Retirement Association (PSERS) enjoyed huge investment gains in the 1990’s and the pension funds climbed to 123 percent. In their wisdom at the time, legislators decided to reduce the state’s contribution in May 2001 (known as Act 9). However, without the benefit of crystal ball forecasting, four months later the world plunged into a recession and the pension funds balances began to fall. Unfortunately the state’s pension problems were increased with the passage of Act 40 in 2002, which allowed the state to continue to lower their contributions to the pension, increased the employee contribution rate to 7.5 percent and provided for a cost of living adjustment (COLA).

The next round to pound the state pension plans was the recession of 2008. As a result, the once overfunded pension system plummeted and is currently funded at around 80 percent. Couple the underfunded pensions with the fact that a wave of baby boomers are set to retire this year thru 2016. How are the school districts (taxpayers) going to make up the unfunded liabilities? Pennsylvania school boards are left to manage the 800-lb gorilla in the room – Harrisburg’s public pension crisis.

We know that the only solution to the problem is a long-term pension reform plan. I have written several articles on the absolute need to overhaul the pension system of Pennsylvania’s state workers. (If interested, enter ‘pension reform’ in the search box on the home page of Community Matters). It is no longer possible for the state to fund a traditional defined-benefit plan; a change to some type of 401(K) pension plan is needed (required) for all future state employees and public school teachers.

The move away from traditional defined benefit pension plans, where the investment risk is borne by the taxpayer, is long overdue. There really is no other way. Many legislators have addressed the need for pension reform, including our state representative, Warren Kampf (R-157) who held a town hall meeting on the subject this past March. (Click here).

The school districts do not control teacher pensions – Harrisburg does. The precarious, ‘at the edge of the cliff’ situation of school districts will continue as long as there is no pension reform. There is no ‘new’ news on the pension disaster; it has been staring lawmakers in the face for some time. But now that the pension crisis is upon us, the real question is … how do we get Harrisburg to act … and to act quickly!

Is T/E School District the next Neshaminy?

June 4, 2012

103 Comments

Today marks the first day for teachers striking in the Neshaminy School District. Over in Neshaminy, the teachers are starting the week on the picket line; also marking the second strike of the year. If you recall, in January the Neshaminy teachers were on strike for 8 days. The Neshaminy teachers and the school district have been locked in a vicious contract debate for 4 years with neither side willing to budge – sticking points in the bitter contract dispute is healthcare and salary. It is my understanding that the teachers want a 5% salary increase retroactively for the last 4 years. Additionally, the teachers healthcare package is completely funded by the taxpayers. The Neshaminy teachers have said that they will contribute to their healthcare costs going forward. However, it should be noted that I can find reference to the teacher’s offer to help with healthcare expenses but I am unable to find anything in writing to that effect.

As I wrote in January of this year, the teachers in the Neshaminy School District are the highest paid in the state but if we look at PSSA results, the Neshaminy School District doesn’t even make the top 50 in the state, coming in at number 245 among Pennsylvania’s 500 districts. Over half of the Commonwealth’s school districts have outperformed Neshaminy on PSSA tests for the last 10 years. Compare that to Tredyffrin Easttown School District and the ranking of third in the state. If the highest paid teachers, working in a school district that underperforms 50% of all other school districts in the state, are willing to strike twice in 6 months … what does that mean for other districts with teacher contracts pending?

Should the reward for the excellent education students receive in Tredyffrin Easttown School District be the threat to our teachers of demotion? Some readers have suggested on Community Matters, that the school district has nothing left as a contract negotiating tool but the threat of demotion and the increase in class size. The teacher’s contract is up in less than 30 days, June 30. As a community, are we prepared for a similar battleground as Neshaminy School District has experienced for the last 4 years? Isn’t there a better way?

I used to think a teacher’s strike was not possible in T/E – my Pollyanna view of the world believed that both sides would somehow just ‘work it out’, agree on the contract and everyone would be happy. I no longer think that outcome is likely to happen. If, … the T/E school board decides to demote any of the seasoned, senior members of T/E teaching staff (for economic reasons), I truly believe that the road ahead may well lead to a District teachers strike. I don’t claim to have a crystal ball so here’s hoping that my hunch is wrong and that there is still hope for peaceful resolution in the days to come.

Proposed C1 Zoning Change in Tredyffrin to Accommodate Developer and Specific Project

May 30, 2012

9 Comments

A couple of weeks have passed since supervisor JD DiBuonaventuro held a town hall meeting for members of the Daylesford Neighborhood Association (DNA). Also attending the meeting were township manager Mimi Gleason, zoning officer Matt Bauman, supervisors DiBuonaventuro, Michelle Kichline and Kristen Mayock, and planning commissioners Bob O’Leary, Tory Snyder and Trip Lukens. Representing the proposed project were developer Ed Morris, Berwyn Real Estate L.P., Capital Health representative Gerard Farrell and attorney Denise Yarnoff. The focus for the meeting is a 93-bed assisted living facility proposed for the old Jimmy Duffy’s catering site on Lancaster Ave. in Daylesford. The property is 2.069 acres, containing 1.069 acres of C1 Commercial and 1 acre of R1 Residential property. Current zoning does not permit this usage.

The mid-May meeting follows other DNA meetings, planning commission meetings and Board of Supervisor meetings where the assisted living project was discussed. Attending most of the meetings, I have now decided this proposed project represents something more significant than simply a NIMBY (Not-in-My-Back-Yard) syndrome for a local neighborhood. Residents raised questions about the proposed project including traffic, density, lighting, trash collection to name a few. Although certainly important issues to those residents most affected, I was not entirely convinced that an assisted living facility was a bad idea. In an attempt to gain community support, the developer made concessions at the town hall meeting – the latest sketch plan reduced the number of floors, closed off the back exit to adjourning Pennsylvania Ave from the site, enclosed trash collection, etc.

My problem with the Jimmy Duffy redevelopment project has nothing to do with the specific project but rather, the way this project has seemingly been fast-tracked and given a green light to move forward. What do I mean? An assisted living facility is not currently on the list of permitted uses in the township’s C1 district. Because the current zoning does not permit an assisted living facility, traditionally a developer would seek either a variance or a conditional use for the project. When questioned at the October 2011 planning commission meeting as to why the applicant would not take this approach, attorney Denise Yarnoff responded that, “the process would delay the project, cause a financial burden, and not address all the project-related issues.”

If you are a developer and don’t want to see your proposed project bogged down by the time required to seek a variance or conditional use (and don’t want the additional cost this path would require) why not just get Tredyffrin Twp to change the zoning to accommodate your plans. Yes, that is exactly what has happened … an Ordinance Amendment draft to permit assisted living in C1 zoning was submitted by Yarnoff along with a $5,000 application fee. The ordinance amendment is scheduled for the Planning Commission’s July 19 meeting. In researching this situation, I have not been able to find any other project in the township in recent years where zoning usage was changed to accommodate a specific developer and specific project. What is it about this specific project or its developer that would warrant such special treatment by the township? I have no idea.

Anyone that is reading this post needs to recognize that this situation and the ramifications of the proposed zoning change is not just about the Daylesford assisted living project. Should the C1 zoning Ordinance Amendment continue down the green light path, the zoning change will permit assisted living in all C1 districts in the township. Should this ordinance amendment be approved, it means that a zoning change for a specific project, benefiting a specific developer will change the permitted uses for all C1 properties in Tredyffrin Township. So the next question is ‘why’ have a comprehensive plan?

According to the township website, the comprehensive plan “provides local officials with a highly effective planning tool that will support day-to-day decisions about future development so that they may be thoroughly rational and consistent …” I have to ask, is changing zoning to accommodate a specific project “rational” ? A comprehensive plan is in place to guide growth and development in an orderly manner … does changing zoning to accommodate a specific developer’s needs promote a fair and orderly process?

Beyond obvious concern that changing zoning for a specific project is precedent setting for the township, there’s something else. In April, the Board of Supervisors voted unanimously to spend $100,000 for a consultant to update commercial zoning regulations in the township. The consultant was hired to review the township’s existing commercial zoning and make recommendations. Would it not seem to make sense if the township (taxpayers) is spending $100K for professional zoning advice, there should be a moratorium on any zoning changes until after the expert presents his update? That is not to say that this assisted living project couldn’t move forward – the developer would just have to use either the variance or conditional use routes versus the zoning ordinance amendment change.

As follow-up to the town hall meeting, DNA president Trisha Larkin sent a series of questions to supervisor DiBuonaventuro in regards to the proposed assisted living project. A specific question and response from DiBuonaventuro caught my attention –

Larkin:
4. Why is there not a moratorium on commercial zoning (re-zoning) until the independent consultant comes back with some solid recommendations?

DiBuonaventuro:
This developer began talking to the Township last year, before a decision was made to begin work on the commercial zoning districts. The commercial zoning work is just beginning and will take another 18 months before it is completed. In fairness to the developer and to the bank that owns the property, a decision needs to be made one way or the other long before the completion of the commercial zoning work so the bank knows whether it should seek a different buyer.

Should the process for a land development project be based on what is ‘fair’ to a developer or the property’s owner (in this case Eagle Bank)? Or … should any proposed land development project be based on what is ‘fair’ to the community and its residents? Zoning decisions must be policed both from the top-down and from the bottom-up, using processes that encourage neighborhood residents to participate actively in decision-making. Citizen participation both gives voice to the interests of neighborhood residents and provides the most effective safeguard against corruption of the zoning process.

The rationale behind municipal zoning power is that effective land use planning is necessary to promote and protect the interests of the entire community. Those making land development decisions need to create the community that we, the residents, want.

I am going to be very curious to see how the assisted living project plays out … will the draft C1 ordinance amendment, as provided by the developer’s attorney, win the approval of the Planning Commissioners and go on to the Board of Supervisors for their final approval? Will DNA residents continue to voice their concerns over the project? Will other township residents view zoning changes to suit a specific project or to accommodate a particular developer as setting precedence … and therefore, worthy of further discussion?

Stay tuned; the outcome on this proposed zoning change may mean a new era for development in Tredyffrin Township.

Unionville-Chadds Ford School Board Approves Teacher Demotions, What does this mean for T/E teachers?

May 24, 2012

6 Comments

Sixteen months ago, I wrote an article titled, “Looking at Unionville-Chadds Ford School District – Is the ‘Handwriting on the Wall’ for TE?” The Unionville-Chadds Ford School District (U-CF) is similar to the T/E school district and the districts are often compared. Students from both school districts enjoy similar academic performance; both top performing school districts. On the SAT and PSSA, the performance of the districts places each in the top 1% statewide. We often seen the districts listed together for the similar quality of their education.

You may recall, the U-CF teacher contract expired June 30, 2010 without the signing of a new contract. The talks between the school board and teachers union continued but after six months, the PA Labor Relations Board assigned an arbitrator to resolve the bargaining impasse through a fact-finding report. The school board voted to accept the findings of the report whereas the teachers union rejected the report.

Two major suggestions contained in the report – (1) a provision for each union member to receive a one-time, nonrecurring paying in lieu of a raise in year one and an increase in the final two years of the contract and (2) that union members move to a new, cost-saving healthcare plan, Keystone Direct, in the second year of the contract. The U-CF school board sought to maintain quality care at a reduced rate and they suggested, “that the economic times are hard and that the teacher union has benefited greatly when times were good but they must now share in the sacrifice as the others.” The teacher union rejected the independent report and recommendations.

The U-CF school board and teachers union finally reached an agreement in September 2011, sixteen months after the expiration of their contract. I wrote of the agreement on September 13, 2011, and asked the question if there were any lessons for T/E as a result. What did the U-CF school board and teachers union finally agree to – Terms included:

Year 1 (2010-11) no pay increase for 2010-11
Year 2 (2011-12) 1% increase on the pay schedule, step movement, prep level movement
Year 3 (2012-13) $300 in each cell on the matrix, $700 one-time bonus, step movement, prep level movement

One of the sticking points in the U-CF school board – teacher contract negotiations had been over healthcare benefits (sound familiar). In the final U-CF agreement, the teachers contributed 7.5% in 2011-12 and 10% toward their healthcare costs.

Although the U-CF school district contract does not expire until June 2013, according to the Daily Local, their school board and teachers union members have been quietly meeting unofficially since January of this year, for preliminary contract talks without the expense of outside legal counsel. According to U-CF school board member, Jeff Leister, the early talks were “an attempt to find common ground, achieve greater certainty about the future and to avoid a lengthy process later in the year.” However, what’s the saying about the “best laid plans of mice and men” ? Unfortunately, the school board and teachers union are too far apart at this point, and both sides decided to end the preliminary contract discussions.

Leiser did comment that going forward the school board would adhere to a three-tier approach –

What is in the best interest of the students and the quality of education
Is the agreement sustainable under Act 1
Is the agreement consistent with current economic conditions, and what I fair to ask of residents financially.

In reviewing the U-CF school board agenda of May 21, I did note something of interest:

Demotion Resolutions (2)
1. Approve the Demotion Resolution for Employee No. 2797, as attached
2. Approve the Demotion Resolution for Employee No. 866, as attached

The discussion and approval of demotion resolutions may explain why the preliminary contract talks have ceased between the U-CF school board and teachers union. Curious as to the contents of the demotion resolutions, I filed a right-to-know request with their open records officer. (If I receive a response, I will certainly post it).

In the Souderton School District, their school board and teachers union were unable to resolve contract negotiations and were aided by a state mediator. The mediator’s proposed bargaining agreement between the Souderton school board and teachers union was released – to read the overview, click here. The school board and the teachers union accepted the recommendations of the state mediator and signed a 5-year contract. The contact contains a salary freeze in the first 2 years; elimination of 2 “masters-plus” salary schedules; increased health care premium share; and reduced tuition reimbursement. There is a 1.6% reduction in the teacher salary schedule in the first year; no “step and column” movement for the first two years; then a 1 percent salary schedule increase in the last year and a return to “step and column” starting in the third year. It appears that significant concessions were required on behalf of the Souderton teachers union.

The Souderton school district budget of $107 million for 2012-13 includes a 3 percent real estate tax increase. The harsh reality of Souderton’s budget deficit required school board members to make some tough decisions to balance their budget, including eliminating middle school teaching positions, demotion of a language teacher, reducing the budgets of technology, facilities and supplies, increasing student parking and activity fees, etc.

Whether it is Souderton, Unionville-Chadds Ford or T/E, the reality of the economic crisis in Pennsylvania’s public school, is forcing school boards to make some very difficult budget decisions. A state assigned mediator was required in the contract negotiations of Souderton and U-CF to push their contract impasse, I wonder if the same will happen in T/E? Maybe having a hired professional negotiator will make the difference for TESD — I’m not sure if Souderton and U-CF took this approach. It would hard for the taxpayers to pay Jeffrey Sultanik’s legal bill if in the end, the negotiations still require an independent arbitrator.

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Pattye Benson

Community Matters