Pattye Benson

Community Matters

Tredyffrin Township

Jimmy Duffy Redevelopment Project … Assisted Living Facility

The old Jimmy Duffy’s catering facility has sat empty on Lancaster Avenue in Daylesford for several years. It is an odd-looking building that previous owners added on to as their catering business grew.

Wedged between the Paoli Vetcare and a large new office building, the Duffy property has seen its share of redevelopment interest over the years. Back in 2006, Arc Wheeler proposed a townhouse community, ‘Station Square’ that would stretch along Route 30 between Glenn Avenue and Longcourse Lane in Daylesford. The plan was to take fourteen existing single-family homes plus Duffy’s and turn them into 150+ residential units plus retail space. The plan created much backlash from the local Daylesford homeowners and many heated discussions, the developer decided against further pursuit of that project.

Since Arc Wheeler’s redevelopment plan for the Duffy property, several years went by without any new suggestions for the site. Then last fall, I was at Planning Commission meetings in September and October when a sketch plan for the property by the applicant, Capital Health Services was presented. The plan would redevelop the former banquet hall into a residential care – assisted living facility. For the record, the September and October 2011 Planning Commission meeting minutes indicate that the applicant had spoken with Daylesford neighbors of the Duffy property.

As explained at the Planning Commission meeting in October, the proposed assisted living facility would require a zoning ordinance change. The current C1 zoning district of the Duffy property does not permit an assisted living facility nor does it allow for a 5-story structure. The interesting point is the Planning Commission minutes in October reflect the following, “Denise Yarnoff, Esq., representing the applicant, stated that the applicant had met with neighbors of the proposed facilities and the project type and proposed building heights have been well-received.”

On January 3, 2012, the township supervisors received an update on the Duffy property from a Planning Commission representative on the proposed redevelopment plans for a 5-story assisted living facility. The January Board of Supervisor meeting minutes reflects the following, “The developer has had favorable response from the neighborhood behind the site and has not received any neighbor opposition.” The minutes also state that supervisor “DiBuonaventuro added that there have been no negative comments or resistance from the community for this proposal.

I remember thinking as I attended the fall Planning Commission meetings and the January Board of Supervisor meeting that it was surprising that no Daylesford homeowners attended either to show support for the project or to voice concern. How was it possible that the local Jimmy Duffy neighbors who had loudly opposed the townhouse project a few years ago, were now quiet and accepting of the proposed plans and required zoning changes? Well, the answer is that until about three weeks ago, many of the Daylesford homeowners had no idea of the Capital Health residential care – assisted living project.

As this redevelopment plan has moved through the Planning Commission and to the Board of Supervisors for discussion, at least some of the immediate neighbors to the project were not notified; although the project applicant and their attorney stated otherwise. Not only was it stated that the neighbors were notified, the applicant gave the impression that the neighbors were supportive. Although at both the Planning Commission meetings and the January Board of Supervisor meeting, it was stated that neighbors were contacted and the project had their support, I have received emails and phone calls from members of the Daylesford Neighborhood Association that would say otherwise.

I am a proponent for redevelopment and certainly Jimmy Duffy’s vacant building, now owned by the bank, is a prime location for such a project. To maximize the potential for a successful redevelopment project such as what is being suggested for the Duffy site, it would make good business sense for the developer to engage and get ‘buy-in’ from those most affected – the neighbors.

Because the existing support (by the neighbors) for the Duffy redevelopment project may have been somewhat ‘stretched’ by the applicant and his representatives, the neighbors are now upset and do not understand how the project could be so far along without their knowledge. A zoning ordinance change requires notification to local neighbors but proposed plans to the Planning Commission do not. (It should be noted that a residential care – assisted living facility is not currently a permitted use in C1 zoning district.)

The neighbors have many questions about the proposed facility and zoning change – height of building, footprint of the structure, lighting, screening, traffic, etc. As an example of the frustration, the Larkins home on Pennsylvania Avenue sits directly behind the Jimmy Duffy site and the owners were never notified of this project. A few trees and a splint rail fence is all that separates the Duffy building from the Larkins property. Last summer the Larkins added a swimming pool to their backyard, which may now by in the shadow of this proposed large assisted care facility. It is easy to understand their concern if this redevelopment project has patient windows overlooking their family backyard activities.

But this is not just about one family, and their possible loss of privacy. The project needs to be fully vetted by the community members that will be most affected by the proposed zoning change required in this redevelopment project. It’s not to say that the project cannot move forward but it needs to be with the full knowledge and understanding of the plan by the Daylesford homeowners.

Ed Morris of Morris Realty Advisors, developer for the proposed Jimmy Duffy redevelopment project is meeting with the homeowners and interested members of the public tonight, 7-9 PM at the Carriage House at the Upper Main Line YMCA.

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An update on the C1 zoning district change that would be required to permit a 5-story building at the Jimmy Duffy site — It is my understanding, that Ed Morris has notified one of the Daylesford homeowners that he is reducing the height of the proposed structure to comply with the current C1 zoning height restriction.

The initial proposal indicated the structure having four stories in the front (Lancaster Ave) and due to the slope of the property, five stories in the rear. The communication from Ed Morris to one of the neighbors indicates that he has “eliminated a floor’ which is assumed to mean four stories in the back (the side that impacts the neighborhood) and three stories in the front (Lancaster Ave).

The Revolution in Chester County. . . Technology Helps Shed New Light on Local History

History Buffs . . . Don’t miss this opportunity!

“A Fortnight in Chester County:
The American Revolution in our own Backyard”

~ with Sean Moir, Guest Lecturer

Thursday, February 23

Lecture: 7:00 PM

Tredyffrin Public Library
582 Upper Gulph Road
Strafford, PA 19087

Cost: Free
Info: 610.688.7092, ext. 206

What can technology tell us about the troop movement through Chester County during the Revolutionary War?

Follow the movements of the British and American Armies, hour by hour, through the Battles of 1777 – A unique electronic map brings the battles of Brandywine and Paoli to life!

Sean Moir, Chester County GIS analyst and historic researcher, will present an animated map of Revolutionary War troop movements in Chester County and Tredyffrin Township as part of the Fall Trust lecture series. The lecture will discuss the multi-award winning county project, sponsored by the National Park Service and the American Battlefield Protection Program (ABPP), which included the researching, mapping, and animating of the 1777 Philadelphia Campaign conflicts, specifically the Battle of Brandywine and the Paoli Massacre.

A Tredyffrin Township resident, Sean combined his software and GIS skills with his personal interest in history to create groundbreaking animated battle maps which he has presented to audiences across the region. In addition to the military element, the project included heavy emphasis on mapping the cultural landscape of the 18th century upon which the fighting and marching occurred. The research helped to produce an 18th century road map of the region. With the help of countless volunteers, the project is driving the completion of fourteen municipal historic resource surveys for the Chester County Historic Resource Atlas project.

Devon Petitions: Where do we go from here?

I attended the Devon Petitions town hall meeting last night. Organized by Sean Moir and Rich Brake, 34 residents attended, including elected officials — State Rep Warren Kampf, township supervisor Mike Heaberg and school board director Anne Crowley (in addition to school board director Rich Brake).

The basis for the Devon Petitions: Community Solutions for a Better Tredyffrin was a four question on-line survey. Moir and Brake offered that they received 114 responses to their survey. The four questions were broad in their scope. On the township side, the questions asked responders (1) to list recommendations for stimulating economic growth and (2) what did they consider the greatest challenges for long-term economic growth in the township. On the school district side, the survey asked responders to (1) list recommendations for improving student achievement and (2) the greatest challenge to improving educational quality in T/E.

Moir presented the responses to the township side of the survey and Brake presented the responses for the school district questions.

For the township side of the survey, Moir presented the list of responses to the two questions.

Question: Revitalizing the local economy of Tredyffrin Township in these tough economic times is a top priority for our community. Please list your top two or three concrete recommendations that will stimulate economic growth without busting the township budget. Here are the responses based on the order of popularity:

1. Paoli downtown

  • Paoli transportation center
  • Improved parking

2. Taxes

  • Keep property taxes low
  • Tax breaks for business
  • Implement EIT
  • Don’t implement EIT
  • Chesterbrook
  • Better walkability/sidewalks
  • Community events
  • Reduce regulations

Question: What do you see as the greatest challenge(s) to achieving long-term economic growth in Tredyffrin Township? Here are the responses based on the level of popularity:

1. National economy

2. Maintaining property values

3. Politics get in the way

4. Taxes

  • keep taxes low
  • reluctance to raise taxes
  • reliance on corporate taxes
  • reliance on transfer taxes

5. Improve permit process

6. No downtown

7. Lack of vision

8. Competition from other townships

As reported by Moir and Brake, the majority of those that responded to the survey, considered the Paoli town center and transportation center as most important for stimulating growth in the township. The discussion from the audience quickly turned to the empty storefronts, not just in Paoli but also throughout the township. The general feeling from those in attendance was there needs to be greater support for the community’s small business owners and the suggestion to reducing the ‘red tape’ of regulations and permit issues.

Two of the six members of the township’s Business Development Advisory Council, Stanford Nishikawa and Eric Kleppe attended the meeting and explained their mission was to develop strategies for economic stimulus in the township and to present their recommendations to the Board of Supervisors.

It was apparent to me last night, that many residents share my concern and desire to support small businesses in the township. As a small business owner in the township, I find it very troubling that there are no small business owners sitting on the advisory board. Although Nishikawa and Kleppe discussed meeting with Judy Huey and her brother Rob (owners of Paoli Village Shoppes), I was unclear on any further outreach plans by the advisory group to small business owners. Kleppe explained that the group started meeting in December and the project is to take 4-6 months before the public hears their recommendations. Keeping money local and in the community by supporting local small businesses is important and Nishikawa and Kleppe were encouraged to receive genuine input from the small business owners. Here’s hoping that they heard the message and take it back to the other members.

There were suggestions that the economic advisory group should look at successful business areas within the township (Gateway Shopping Center) and communities outside the township (Media,Wayne, Phoenixville,West Chester) that have successful business models and see if it can be duplicated in downtown Paoli.

The survey results indicated the national economy as the greatest challenge for achieving long-term economic growth in Tredyffrin. Because of the economic situation, another challenge then becomes how does the community maintain their property values? Although not intended as a political project by Moir and Brake, it was interesting to note that respondents to the Devon Petition, suggested lack of vision in the community and politics as challenges for long-term economic growth in the township.

For the school district side of the survey, Brake provided a list of the responses to the two questions.

Question: Improving the educational quality of our T/E schools in these tough economic times is a top priority for our community. Please list your top two or three concrete recommendations that will improve student achievement without busting the district budget. Here are the responses/issues to the in order of popularity:

1. Budgetary Recommendations

  • More realistic salaries, benefits & pensions for teachers
  • No more educational program cuts/maintain spending
  • New local revenue sources
  • Greater use of budgetary reserves

2. Curricular Recommendations

  • More focus on core subjects/less on non-academics
  • Reinstate improve foreign language offerings
  • Less standardized testing
  • Better math/science education
  • Maintain small class sizes
  • Better vocational/technical education for real-world jobs

3. Public Private Partnership Recommendations

  • Solicit & secure corporate support for academic programs
  • Establish institutional advancement initiatives (Philanthropy)
  • Volunteer teaching opportunities

4. School Day/Climate Recommendations (tied for 3rd)

  • Start school day later
  • More focus on average student
  • Year-round school
  • All day kindergarten
  • Redesign middle schools
  • Address drug/alcohol problem
  • More parental involvement
  • Less “busy-work” homework

5. Teacher Recommendations

  • Better support of teachers/teaching training
  • Implement merit pay programs
  • Explore alternative teacher certification programs
  • Better guidance counselors

6. IT Recommendations

  • More online courses
  • Better IT infrastructure for e-learning
  • Improved educational web pages

Question: What do you see as the greatest challenge(s) to improving the educational quality of our T/E schools? Here are the responses/issues to the in order of popularity:

1. Pension

2. Taxaphobia (#2 and #3 tied)

2. TEEA salaries/contract

4. Program cuts

5. Sub-par teaching methods

6. State mandates

7. Rising health costs

8. No problems with quality

9. Too much standardized testing (tied)

9. Lack of support for teachers (tied)

11. Keeping small class sizes (tied)

11. High administration costs (tied)

11. Lack of original thinking (tied)

Funding the state pension and the current teacher contract negotiations were discussed as the most important school district issues. Although there is high regard for the T/E schoolteachers, it was the consensus that the next teachers contract needs to include a more reasonable benefit plan, particularly health care.

I have attended many school board meetings and subcommittee meetings and I don’t know of any public/private partnership discussions. The idea of partnering with local corporations and providing volunteer teaching opportunities was innovative and could be explored ‘out-of-the-box’ thinking to help with the escalating school district cost.

I asked Moir and Brake their thoughts on last night’s meeting; were they pleased/disappointed. Brake responded,

The results of our survey confirm that our community is fully aware of the budgetary challenges that the school district faces, as the pension crisis and a more sustainable salary and benefits package for our fine teachers were the most mentioned responses to our two education questions. These twin budgetary concerns were tied, not surprisingly, to the public’s desire to maintain our high educational standards and results. Clearly, the community is ready for problem solving in those two areas, and are eager to continue the process of educating the public in order to build community consensus and forward momentum. I walked away encouraged that we have a very smart and realistic community, and they are ready to exercise leadership in these areas.

Moir’s response,

I’ll add that I was happy with the turnout, which was 34 people including the presenters. It was nice to see a mix of state and local officials, various board and commission members, as well as residents who are not the “usual suspects” at board meetings.

Once we get our notes together, I’m hoping that the Tredyffrin Business Development Advisory Council will follow through with some of the citizen suggestions, which included meeting directly with commercial property managers, developers, and small business owners to discuss what it might take to stimulate local business development. That was something that we seemed to have consensus on that cut across party lines – just the kind of common ground we were hoping for.

Moir and Brake hope to have the meeting notes available for distribution next week. In response to my “what’s next”, they think they will know more after they send out the notes and ask for participant feedback. According to Brake, he is “hopeful that some audience members will take up the mantle.”

So, where does this grass roots effort really go from here? Last night’s audience members were engaged and respectful but as contained in the meetings introduction,Tredyffrin Township has a population of 29,000 people living in 11,000 households. Yet only 114 people responded to the Devon Petition survey and only 34 people showed up for the meeting. Yes, it was a holiday weekend and people were away but . . . ?

For change to occur, we need people with a vision and then the willingness and determination to make their vision a reality. The very essence of leadership is vision. As Henry Ford said, “Obstacles are those frightful things you see when you take your eyes off your goal.”

So … where do we go from here?

Devon Petitions: Community Solutions for a Better Tredyffrin — Citizen forum tonight!

Our first president, George Washington, was born on February 22, 1732. Today, George Washington’s birthday is celebrated as a national event annually on the third Monday of February.

Appropriately choosing President’s Day for tonight’s citizen forum, Sean Moir and Rich Brake, will present their initiative, “The Devon Petitions: Community Solutions for a Better Tredyffrin” tonight at Saint Luke Lutheran Church, 203 North Valley Forge Road, Devon, 7-9 PM. The public is invited and encouraged to attend.

Moir and Brake are convinced that “there’s a way to stay true to your principles, sometimes disagree but in the end be able to forge common ground that can move Tredyffrin forward.”

The friends took a two-step approach in designing the program. First, they asked community members to answer a simple four-question survey that asked for ideas on how to improve the local economy and the schools. The second part of their community solutions plan includes tonight’s presentation of the survey results in a town hall-style meeting to exchange ideas and discuss some of the big issues facing our community.

I think that George Washington would have supported the Moir-Brake citizen forum approach to open discussion and debate. As Washington told the officers of the Army on May 15, 1783, “If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.”

I encourage everyone who is reading Community Matters to come out tonight to support this citizen forum for community discussion. In discussing their expectations for the meeting tonight, Moir wrote, “We’re hoping to engage a broad segment of the community in a constructive dialogue about important local issues, and if we’re lucky, it’ll be a conversation that continues and develops over time.”

A good way to celebrate President’s Day, I hope to see many of you at Devon Petitions: Community Solutions for a Better Tredyffrin.

Perceived or Real Conflict of Interest?

I have been open in my concerns related to political committee people who continue to serve in that capacity once elected to the Board of Supervisors. Currently Tredyffrin Township has three of the seven supervisors (Michelle Kichline, Evelyn Richter and Kristen Mayock) also serving as committeewoman for the Tredyffrin Township Republican Committee (TTRC).

Once elected, township supervisors are elected to serve all the residents, regardless of their political affiliations. But by remaining in a political party committee position and serving as an elected official there could exist a conflict of interest — if only in perception. This is certainly not intended as an indictment on the performance of Kichline, Mayock and Richter as supervisors; I have spoken personally to Michelle and Kristen, voicing my concern over this issue.

Michele has served as a supervisor and now as chair of the Board of Supervisors, without any obvious bias towards the political party for which she is a committeewoman. However, as previously stated on Community Matters, our neighbor Radnor Township takes away the possibility of conflict (perceived or real) — their Home Rule Charter prohibits public elected officials from serving as political party committee people.

The following editorial in the Main Line Suburban by Jerry Kinkead, a former Tredyffrin Township Republican Committeewoman, supports my position and offers personal insight into what could (and has happened) when the lines of separation between a political committee person and elected official blur. Kinkead not only believes that the current arrangement in Tredyffrin Township is a conflict of interest but is calling for a change in Tredyffrin’s Home Rule Charter.

Conflict of interest

To the Editor:

Thanks to a local Tredyffrin township blog called Community Matters, I have recently learned that three members of the Tredyffrin Township Board of Supervisors (Kichline, Richter and Mayock) are also elected members of the Tredyffrin Township Republican Committee. I believe this to be a fundamental conflict of interest, which could lead to the blurring of allegiance. I propose that Tredyffrin’s Home Rule Charter be amended to disallow this practice.

Community Matters pointed out that Tredyffrin Township’s Home Rule Charter does not address this issue, but that in the Radnor Township Home Rule Charter there is a prohibition against being an elected political official while, at the same time, holding an elected governmental position, as well as a provision for dismissal or termination of appointment should this prohibition be violated.

In Chester County, during the decade of the 1970s, we had a situation whereby the chairman of the countywide Republican Party was also chairman of the Chester County commissioners, which was seen as a conflict of interest by some. As a result, a group known as the Independent Republicans set out to make changes in the local Republican Party, with one of their most pressing goals being the separation of those two jobs. There was a protracted political struggle over this issue, though the County Republican Committee eventually saw the wisdom of the goal, after the indictment of the county chairman. Subsequently, the local Republican Party bylaws were changed to disallow the holding of those two influential offices by the same person.

In the 1970s case in Chester County, the county commissioner was found to be giving out contracts to people who supported the party financially. He did not follow the rules for bidding contracts and was eventually indicted and sentenced for breaking the law.

In my view, the problem with holding a political position and a governmental position at the same time is that the lines can become blurred, and measures may be supported by a government official that are meant to advance the interests of the political party. At a local level, there are decisions to be made about appointments, issuance of building permits, support of local institutions and the like, which should be made by people whose guiding interest is the government they are a part of, and not the party that they also serve.

I suggest that the three Tredyffrin supervisors who now hold joint offices should resign their positions in the local Republican committee, and I urge the Board of Supervisors to take a look at how to change the Tredyffrin Home Rule Charter to eliminate this clear conflict of interest.

With respect,

JERRY KINKEAD
Tredyffrin resident
Former Tredyffrin Republican Committeewoman
Wayne, PA

Will the NRA Control Decisions on HB1523 … Follow the Money!

Here’s a latest update on pending Pennsylvania House Bill 1523 – although on the state House agenda since last Wednesday, the bill has yet to get to the House floor. Today is the last day the House of Representatives are in session before recessing until mid-March. With at least 13 proposed amendments to the bill, since the proposed legislation left the Judiciary Committee hearing, my guess is there probably will not be a decision today.

Thirty cities and towns across Pennsylvania have taken action to crack down on illegal gun trafficking but the pending bill threatens to punish them for taking local action on illegal gun traffickers and straw purchasers. As originally written, the bill would allow any gun owner to challenge these local ordinances and to collect legal fees and damages from the city that passed such an ordinance. As if that was not sufficient, HB1523 got a boost when it left the state Judiciary Committee … the amended HB1523 legislation grants legal standing to the NRA, allowing the pro-gun organization to sue the local municipalities, just like individual gun owners.

This is the NRA we are talking about – the most powerful lobbying organization in the country! If you look at the supporters of HB1523, you will see support from both sides of the political aisle; this is not a Republican versus Democratic issue. No, it seems to have less to do with party politics and more to do with legislators feeling the need to stay on the ‘right side’ of the National Rifle Association.

I wonder how many of these Harrisburg legislators have received money from the NRA? Or, are the legislators involved in current campaigns and feel the need to stay on NRA’s approved list of candidates or elected officials? Some of the elected officials in Harrisburg apparently do some kind of calculus and figure that there is more to be gained by staying on the ‘right side’ of the NRA than any possible downside to the safety of the local municipalities.

Why should the goals and objectives of the NRA guide the decisions of any local elected official? Why? What’s the saying, ‘follow the money’?

Apparently, I am not alone in my opinion. In today’s Philadelphia Inquirer, columnist Monica Yant Kinney writes about HB1523,

“Pennsylvania gun laws are a sick joke. Any state that happily sells buyers unlimited weapons on demand is a state where politicians fear the wrath of the NRA more than the loss of their own lives. … Legislators want to have it both ways: They refuse to protect citizens, but they’ll be damned if they allow cities to do it for them.”

Amen Sister.

No Custodial Outsourcing for 2012/13 but looks like Sports and/or Activity Fees Could be a Reality in T/E

Based on attending the TESD Finance Committee meeting, it looks like the custodial outsourcing in the school district is ‘off the table of consideration’ for another year. If you recall, the most significant cost-saving measure to the District remaining from last year’s budget was ‘outsourcing of custodial services’ with a savings listed as $950K. After internal TENIG (non-instructional union of TESD) discussion, the custodial workers made an offer to the school district, which was presented to the Finance Committee by school board president Karen Cruickshank.

For the 2012-13 year, the custodial workers of TENIG have offered a 10% reduction in their salaries and they will not take the 4.5% increase contained in their existing contract. In real dollars, the cost savings to the District is $197K in salary reduction, plus the additional percentage contractual savings for a total savings of approximately $285K!

Beyond the generosity of the custodian workers offer, the Board realizes that it is difficult to measure intangibles in the in-house custodial services … many of the employees live in the T/E and their families are part o the community. With that comes a level of safety that is difficult to measure. Although the custodial workers offer has to be reviewed internally by the District attorneys, the it received overwhelmingly positive support from the Board.

A $285K savings to the school district plus the bonus of saving local jobs … congratulations to TENIG, custodial workers, District staff and Karen Cruickshank (on behalf of the school board) for such a positive outcome early in the 2012/13 budget discussions.

Ray Clarke also attended last night’s Finance Committee meeting and I thank him for his willingness to share his thoughts and opinions below:

Notes from Ray Clarke, TESD Finance Committee Meeting

A relatively well-attended TESD Finance committee meeting on Monday, and some important topics discussed – in varying depth and with varying data quality – the two not always correlated.

1. A significant announcement from Mrs Cruickshank at the end of the meeting: the janitorial staff in the TENIG union have offered to take a 10% reduction in wages for the 2012/13 school year. Their contract entitles them to, and the preliminary budget assumed, a 4.5% contractual increase. By my math, starting from the $1.97 million compensation line item provided by Dr Waters, this means a total benefit versus the budget of $286,000. In return the union asked for the district to remove the outsourcing option for 2012/13. (Also, with no further actions next year, the salaries would revert in 2013/14 to the contracted level – a 20% increase that would not of course be a tenable option).

After getting the numbers sorted through, the Committee was very appreciative and broadly in favor of this offer, weighed against a potential outsourcing saving three times the offer, but with risk and the uncertainty of basing the alternative on now-expired bids.

This looks to be a good result for all concerned. Employment security is maintained and compensation continues to move towards market levels. Importantly, it can continue to do so assuming similar flexibility next year and a more equitable benefits program in the next contract.

2. Much information was shared regarding possible fees for “sports and activities”. Most neighboring school districts have either implemented some kind of fee or are considering doing so. There are as many approaches as there are school districts. Significant money can be raised: at $100 per sport/activity (with a cost to the district), the revenue would be about $150,000 for both high school students and middle school students. For context, about 1700 of the 2050 high school students participate in at least one sport/activity of any type; the middle school numbers are similar.

There seems to be a consensus that the district should charge only for those activities for which it incurs costs for either extra teacher time (EDRs) or for transportation. (An interesting issue thus raised: the process by which a club gets the status of having compensated teacher oversight). Also clear is that there should be a process to ensure that no student should be prevented from participating for financial considerations.

Decisions still to be made:

  • The same fee for any sport or activity, or some kind of tier system loosely based on cost?
  • A fee per student regardless of number of sports/activities or a fee per sport or activity up to a maximum?
  • The amount of any fees

The administration was charged with coming back with further permutations. It seems to me that it would be helpful to also tabulate other districts’ experience regarding participation levels and administrative costs. There seems to be a good argument for action here. For me, fairness would suggest some kind of tiered fee structure with a maximum, if it can be administered reasonably. The Committee is keen to give this air time at the Budget Workshop.

3. On revenues: no immediate bad news in the Corbett budget proposal. The move to bundle four separately calculated state funding items (basic ed, social security subsidy and public and non-public transportation) looks to me like a plan to cap future funding in a way that is unrelated to the actual underlying costs of those items. The one loss is a $50,000 grant that TE uses to fund the homework club.

Less good news on the property re-assessment front: $573,000 of lost revenue more or less planned for in the budget, but in addition $550,000 at risk from nine commercial assessments being appealed to the state courts and $820,000 at risk from a Vanguard appeal.

This illustrates the district’s vulnerability from relying solely on one tax that falls disproportionately on a class or classes of taxpayer that see no direct benefit from the tax, when many of those who get the benefit see their tax dollars going to other jurisdictions. But unfortunately any discussion of diversifying the tax base was hijacked in the last election.

4. A big mystery around the district medical benefits cost. Independence Blue Cross is apparently proposing a change in the way it gets compensated for administering our self-funded plan. Currently they get a 2.5% administrative fee (if only the overhead for the entire US healthcare system were that low!). Much perplexity about the proposal since it is being couched in terms of changing provider discounts. However, the net effect would be a $400,000 to $620,000 cost increase. I’m not sure there will be too much to be done about what is effectively a price increase, but more clarity needs to be provided.

5. No net surprises in the current district financials so far. We are on track for a deficit of about $0.75 million, as budgeted after adding back the $1.3 million budget reversal.

Pending HB 1523 Legislation Would Allow NRA Lawsuits Against Philadelphia

Due to the Marcellus Shale drilling debate, the amended PA House Bill 1523 is now scheduled for second consideration in the state House of Representatives on Monday, February 13.

The passage of HB 1523 to the House included an important amendment approved by the state Judiciary Committee. The amended HB 1523 legislation would grant legal standing to “a membership organization … that is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its membership.” What exactly does this mean? The language would seem to give an organization, say the National Rifle Association (NRA), the same rights as a person when it comes to suing a town or city for enacting local gun reporting regulations. The protection of Second Amendment rights is the mission of the NRA.

Because the state legislature never adopted a statewide law requiring the reporting of lost or stolen guns, 30 municipalities across the state, including Philadelphia, Pittsburgh and Lancaster, have taken local action in support of lost or stolen gun reporting. The NRA has challenged the local gun reporting legislation in Philadelphia and Pittsburgh multiple times and the Pennsylvania courts have repeatedly rejected the gun lobby’s challenges.

Pennsylvania House Bill 1523 could be a watershed moment for the NRA in Pennsylvania. Rather than continuing to take on individual cities or towns over their local gun reporting ordinances, according to the organization’s website, the NRA-backed HB 1523 “… would strengthen Pennsylvania’s firearm preemption law to further ensure firearm and ammunition laws are uniform throughout the state.” The pending legislation in the state House would allow the NRA to sue any Pennsylvania city with a lost or stolen gun reporting law.

Like the NRA, Kim Stolfer, Chairman of Firearms Owners Against Crime (FOAC) and a pro-gun leader in Pennsylvania, supports HB 1523. A gun owner rights advocate, Stolfer has posted a number of comments on Community Matters, including

“Our freedoms were carefully drawn up to protect citizens from the vicissitudes of the masses who, history has shown, can be easily manipulated. We are a nation governed by the ‘rule of law’ with the motto of ‘Justice for All’. House Bill 1523 will simply provide that a citizen can hold accountable these local communities that exceed their authority and violate Pennsylvania crimes codes and the Constitution.”

Cities and towns across Pennsylvania have taken action to crack down on illegal gun trafficking, but this Monday, Harrisburg could take a step closer to overturning these local decisions. HB 1523 threatens to punish cities and towns for taking local action to crack down on illegal gun traffickers and straw purchasers. Philadelphia and the other cities could face financial penalties for enacting their own gun-control measures that supersede state law. The bill would allow any gun owner (or the NRA) challenging the local ordinance to collect legal fees and damages from the city that passed such an ordinance.

CeaseFirePA joins other organizations, including the state associations of chiefs of police, district attorneys, county commissioners and the League of Cities and Municipalities in opposing HB 1523. On Friday, the organization released an Impact Analysis of HB 1523 (PDF) and I was provided with a copy.

Regardless of how you feel about gun control, CeaseFirePA makes an interesting point to show how financially draining gun owner and gun group lawsuits could be on Pennsylvania cities and towns that are already strapped by tough economic times. As a result of HB 1523, potential lawsuits could actually drain “government revenues from much-needed services, like keeping police on the street.” The claim from CeaseFirePA is that local governments with gun reporting ordinances may feel ‘blackmailed’ by the threat of lawsuits from gun owners and gun groups, and therefore will simply rescind their ordinances.

CeaseFirePA director Max Nacheman contacted me in regards to the pending legislation and provided the following statement for Community Matters on the proposed legislation:

HB 1523 is an unprecedented attempt by the NRA to seize power in Pennsylvania and legislators should be ashamed for even considering such a callous, dangerous proposal. Communities across the state are literally in a life or death struggle to reduce gun violence — but instead of supporting their efforts, the legislature is helping the gun lobby attack them. If passed, HB 1523 would allow the NRA as an organization to bring frivolous lawsuits against cities that are trying to crack down on illegal gun trafficking — and would set a dangerous precedent in Pennsylvania of allowing lobbyists to use the courts to pursue their own political agenda.

These “representatives” aren’t just turning their backs on their communities, they are actively trying to hurt them. Among others, State Rep. Tom Caltagirone attacked his home city of Reading by co-sponsoring the bill, and Rep. Todd Stephens abandoned his hometown of Ambler by voting in favor of it in the Judiciary Committee.

Now that more attention has been called to this NRA plot to punish cities for fighting gun crime, it remains to be seen if other suburban legislators like freshman Representative Warren Kampf will stand up to protect his community, or defend his NRA letter grade instead, like so many of his colleagues.

For the record, I sent a follow-up email to Rep Kampf in regards to his views on the HB 1523, asking whether or not he intends to support the pending legislation. To date, there has been no response to either of my emails.

If reporting lost or stolen guns would help the local police with gun trafficking and crack down on straw purchases, I remain at a loss as to why responsible gun owners would not support keeping illegal guns off the street by reporting a gun missing or stolen to their local police department.

ROVER isn’t just for trips to the doctor or to the grocery store…

Have you ever wondered about the Rover buses that you see on the roads of Chester County? Who operates the Rovers . . . who are the riders? Where do the buses go, is there a schedule?

I often see a Rover driver dropping off passengers at the Paoli Acme or at the Paoli Hospital, but who are the passengers, did the riders pay for the service or is it a government-sponsored program? I asked several friends but no one seemed to know much about the Rover or its operation.

In my search to find out details about the Rover service, Chester County Commissioner Ryan Costello was especially helpful, as was the Director of Chester County Dept of Community Development Patrick Bokovitz and staff members Kathryn Ercole and Gene Suski, who showed an unbelievable degree of patience with my tedium of questions! With their help, I soon discovered that Rover isn’t just for trips to the doctor or to the grocery store!

As a strong supporter of the Rover Community Transportation program, Commissioner Costello offered, “One of the many things that I’ve come to learn and appreciate about county government is the paratransit services that are provided across the county, for a number of important purposes – all of which provide public transportation to those in need .”

Started on July 1, 1984, the Rover Community Transportation is a paratransit flexible passenger service in Chester County that operates outside of the standard public transportation system. Rover is available to specific populations based on eligibility.

The Rover Community Transportation’s three primary modes of paratransit service in Chester County are:

  • Senior Shared Ride: Any Chester County resident aged 65 or older, is eligible to use the Senior Shared Ride Program. Based on the price of gas these days, a Rover fare of only 75 cents for ‘essential’ trips is a real bargain! The remainder of the cost is covered by the Chester County Department of Aging and State Lottery proceeds that are administered by the PA Department of Transportation.
  • Medical Assistance Transportation Program (MATP): Residents who have active Medicaid benefits in Chester County are eligible to use MATP for non-emergency medical transportation to and from Medicaid billable medical services and treatment providers. Medicaid billable providers include both physical health services (doctor and dentist appointments and trips to and from the pharmacy) and behavioral health services (mental health and drug and alcohol treatment and counseling). The MATP program is funded by through the state Medicare budget.
  • Persons with Disabilities Program (PwD): Any Chester County resident with a disability that is not already eligible for Senior Shared Ride or MATP may be eligible for PwD. An eligible person with a disability pays a fare of two dollars ($2.00) or 15% of the total cost of the ride (which ever is higher) each way with the remaining balance covered by the PA Department of Transportation.

How many Chester County residents utilize the Rover system on a regular basis? I was told that the paratransit program is averaging just over 30,400 rides a month. In the Tredyffrin/Easttown area, the program has 157 registered riders. According to the Department of Community Development, ridership has slowly increased and the January 2012 numbers indicate an increase in usage. Although there is no data indicating why the increase, clearly the economic situation and gas prices are contributing factors. Statistics indicate that Rover had 2,450 more rides from July to December of 2011 then the same period in 2010.

Delaware and Montgomery counties have similar paratransit programs and Chester County Rover works with both counties when possible to coordinate rides for people who live on the county borders. Community Transit, http://ctdelco.org/disabilities.html provides service in Delaware County and TransNet, http://suburbantransit.org provides the service in Montgomery County.

With the exception of holidays, the Rover program operates Monday through Friday, with limited hours for specialized services only on Saturday and Sunday. Reservations for travel within Chester County must be made before 11 AM on the business day prior to the requested trip.

To determine eligibility and/or to sign up for any of the county’s paratransit programs, you just need to contact Rover Community Transportation at 484-696-3854 or toll-free 877-873-8415. You can also get more information from their website, www.riderover.com. To use any of the Rover Community Transportation services, residents must register – and registration is free.

One of the tag lines used in advertising Rover is “It’s Your Ticket to Independence!” If you are a Chester County resident and are 65 or older but still drive, you might want to take advantage of a ride with Rover, particularly when you need to go somewhere during the challenging winter months. Beyond the grocery store or the doctor, Rover can provide transportation throughout Chester County — to the shopping mall, club meetings, and the local train station or even a ride to visit a friend.

If you are a registered Senior Shared Ride participant using Rover for ‘essential’ rides within Chester County, the fare is 75 cents each way. Essential trips include:

  • Visits to the doctor or other medical appointments
  • Visits to the Social Security office
  • Visits to the Chester County Department of Aging
  • Attendance at Adult Day Centers and Area Senior Centers
  • Visits to the grocery store

However, what if your doctor’s appointment is outside of Chester County? For medical appointments beyond the county boundaries, Rover will provide travel to Philadelphia and neighboring counties. And the ride is still a bargain at only 75 cents each way – but that fare is only applicable for medical appointments outside of Chester County. All out of county rides must be scheduled at least 48 hours in advance of medical appointment.

But what if you a registered Rover rider and want to go the shopping mall, to the theater or maybe the movies, can you use the county’s paratransit services for these types of “non-essential” trips? Yes, and the full fare cost is 15% of the ride. The Department of Transportation (through the PA Lottery Fund) pays for the remaining 85% of the ride. The rate is calculated on the distance of the ride – the longer the ride, the more expensive it is – however, the fare can also be reduced for group rides.

Here’s an example, say an individual senior wants to go the movies four miles away, the cost would be 15% of the total cost or $1.75 each way. However, if three or more seniors were picked up from the same location and were going to the same location, say the movies four miles away, that fare would be reduced to $1.15 each way, based on the total cost of the trip. To determine the exact cost of a non-essential trip for a Senior Shared Ride, call Rover Community Transportation at 484-696-3854.

For Chester County seniors who are interested in gambling, I was curious if there were plans for Rover to take riders to the Valley Forge Casino Resort (set to open this spring). The casino is located in Montgomery County (versus Chester County), so I was curious if Rover would cross the county line. For Chester County seniors interested in gambling inKing of Prussia, I have good news – if you are registered with the Senior Shared Ride program, Rover will provide rides to the casino.

Rover rides to the casino will be treated just as any other non-essential Senior Shared Ride group trip where groups of seniors go to a social activity such as a play, shopping mall, the movies, etc. A ride to the Valley Forge casino would need to be scheduled prior to 11 AM the day before and must leave from one central location, such as a senior center, retirement community, or one person’s home. Riders would have to pay full fare (15% of the total cost of the ride) since a casino trip is not considered an “essential” ride and therefore not sponsored by the Department of Aging. Riders will be given the exact cost of the ride upfront when scheduling the trip.

No need for Chester County seniors to go to Atlantic City to gamble – once the Valley Forge Casino Resort opens, Rover can provide transportation to the local casino.

I now know that the Rover isn’t just for trips to the doctor or to the grocery store. However, you cannot participate in the Aging Shared Ride Program if you are not registered. Call Rover now to get registered, even if you have other means of transportation available to you. You never know when you may need to go somewhere and your regular transportation is not available.

And as Commissioner Costello told me, “The Rover program can become even more successful in terms of helping County residents if we can continue to raise awareness and increase ridership.”

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This article would not have been possible without the help of Chester County Commissioner Ryan Costello and the kind folks of Chester County Department of Community Development and Rover Community Transportation.

PA House Bill 1523 Moves a Step Closer to Penalizing Philadelphia for Gun Control Measures

PA House Bill 1523 Update:

Today the Judiciary Committee voted on PA House Bill 1523 which “Clarifies and establishes specific and monetary relief for a person adversely affected by unauthorized municipal regulation of firearms or ammunition.” The Judiciary Committee voted in favor of HB1523, as amended, with a 19-4 vote. (2 Judiciary Committee members did not vote). Click here for amended HB 1523.

The NRA-ILA (Institute for Legislative Action) encourages support for HB1523, stating, “This much-needed pro-gun bill would make critical changes to enhance Pennsylvania’s firearm preemption law.”

Connecticut, Massachusetts, Michigan, Ohio, Rhode Island, New Jersey, New York and District of Columbia have statewide ordinances that require the reporting of lost and stolen guns to law enforcement, with several other states considering similar legislation.

With today’s vote, PA House Bill 1523 now moves from the Judiciary Committee to the state house floor for consideration — giving all legislators an opportunity to weigh in on the issue. The vote moves cities like Philadelphia, Pittsburgh and Lancaster that have taken local action to crack down on illegal gun traffickers and straw purchases, one-step closer to financial penalties for enacting their own gun-control measures. HB1523 would allow any gun owner challenging the local ordinance to collect legal fees and damages from the city that passed such an ordinance.

Members of the Judiciary Committee who voted against HB1523 were Eugene DePasquale (D-York), Matthew Bradford (D-Montgomery County), John Sabatina (D-Philadelphia) and Ron Waters (D-Philadelphia). In addition to serving as Pennsylvania state legislators, DePasquale, Bradford and Sabatina are attorneys and Waters is chairman of the Pennsylvania Legislative Black Caucus. It is interesting to note that 3 of the 4 Judiciary Committee members who opposed HB1523 are either from Philadelphia or the city’s suburbs.

Now that HB1523 will move to the state house floor for consideration, what are the thoughts of our State Representative Warren Kampf on this matter? PA House Bill 1523 and lost and stolen gun reporting legislation is a significant issue in Pennsylvania. Because Kampf’s legislative district is located in the Philadelphia suburbs, and one of the Pennsylvania cities that has a local lost and stolen gun reporting legislation currently on the books, it is important to know the views of our elected official.

According to the NRA-ILA website, HB1523 could move to the full House for second consideration as early as this Wednesday.

I have sent Rep. Kampf an email asking the following two questions and look forward to his response.

(1) What is your view of lost and stolen gun reporting legislation, and
(2) What is your opinion on PA House Bill 1523, and will you support it?

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