Pattye Benson

Community Matters

Warren Kampf

Supervisor Lamina's Outrageous Defense of His St. Davids Golf Club Decision

As if the decision of Supervisors Lamina, Olson, Kampf and Richter at Tredyffrin’s Board of Supervisor meeting to return the escrow to St. Davids Golf Club was not outrageous on its own terms, we are now subjected to Chair Lamina’s defense of his actions in the Main Line Suburban Life newspaper. This Bloc of 4 is determined to rule (that’s right rule, not govern) at any cost to the community. As the outcry gets louder and louder from the community, please read how Chair Lamina plays the ‘spin doctor’ on this situation.

As a caveat to this story, it did not escape me that next to Lamina’s explanation of his St. Davids actions, was Warren Kampf’s announcement of his State House 157 run. Let’s all remember that the Bloc of 4 is not just Lamina, Olson and Richter, but attorney Warren Kampf was that 4th supervisor vote that allowed the motion to pass. Guess the ‘deal-making’ and the ‘law-stretching’ techniques learned locally may help in the campaign!

Lamina Defends Board Decision on St. Davids Club

By Blair Meadowcroft

A motion passed at the Jan. 25 Board of Supervisors meeting had many Tredyffrin Township residents both upset and confused. Although not on the agenda, the topic of the St. Davids Golf Club, an issue that has been thoroughly discussed for years, was brought up under the “New Matters from Board Members” section of the meeting.

After hearing discussion from board members and residents on both sides of the issue, the board voted 4-3 in favor of releasing $25,000 from an escrow account to the St. Davids Golf Club. The St. Davids Golf Club became a topic of importance many years ago when, as part of a development- approval process, the club agreed to construct and pay for a public sidewalk along its perimeter. Since then, however, the club continues to be without the promised sidewalks. Additionally, according to Tredyffrin Township’s Budget Advisory Working Group’s final report, the golf club offered a cash donation of $50,000, in lieu of the requirement to install the sidewalks, but the offer was declined.

The motion, which was introduced by Vice Chairman Paul Olson and passed by the board, left residents feeling unsettled and feeling that the golf club had been absolved of its obligations. Additionally residents expressed fear that passing this motion sets a precedent that will allow other developers the same sort of relief, and that this motion undermines past discussions against giving the golf club a way out.

In response, however, Chairman Bob Lamina explained that the golf club did not receive a “financial gift” from the township, and that “the only action taken related to relieving St. Davids was from an escrow in the form of a letter of credit they had previously established with a local bank to complete the sidewalk.” According to Lamina, the action taken by the board is not costing the township or the taxpayers anything, and that no money is changing hands in any way.

In addition, Lamina explained that his reasoning for why the motion was passed was due to the unnecessary nature of the project in the first place. “The Board of Supervisors agreed with the majority of the citizens of our community that sidewalks are not desired by its residents in that area of the township,” said Lamina. “This is a matter of policy and whether we should hold taxpayers, be they resident or business, on the line for a sidewalk that made no common sense, in an area where they were never intended and would require clear-cutting of trees and add new impervious surface. The only way we could affect this unnecessary sidewalk was to take the action we did. This is not about St. Davids; this motion would have been offered if it were a barbershop, a hoagie shop or ‘John Q. Citizen.’”

He went on to explain that the sidewalks in question did not relate to public safety, and that “given these challenging economic times, we should only be expending resources from our taxpayers for sidewalks” that will keep the public safe.

While the motion may have been made and passed at any board meeting, residents were left questioning whether or not the timing was purposeful. Attendance at the Board of Supervisors meeting was expectedly low given that there was a planned Tredyffrin/Easttown School Board meeting at the same time. “Under our current rules, any supervisor is free to offer any motion he chooses at any time,” said Lamina. “It is not unusual at all for board members to offer unpublished motions during discussions at our meetings and I believe it’s reasonable and appropriate for our board to have this flexibility where needed in its proceedings. In my nearly 12 years of experience on the board, I can’t recall an instance where the township ever consulted with another municipality or the school district on when we schedule our meetings.”

Additionally, while the topic was not on the agenda, Lamina added that he did not feel this was a surprise to anyone involved in the St. Davids issue. “This issue has been before the Planning Commission in many public meetings over the last three years,” said Lamina. “Members of our own board tried to broker a compromise for months after the applicant failed in several attempts to convince the Planning Commission that this made no sense and was very costly. Since the board has delegated authority for land development to the Planning Commission, our vote on the escrow was the only vehicle available for the board to effect a change to plans in that area of our community and that the majority of the residents in that area clearly did not want.”

The following are comments from the readers from mainlinemedianews.com which follow this article online. The people that commented are all thinking similarly to myself; I have yet to find anyone (of course, other than the ‘4’ supervisors and the few hand-chosen people which Olson called to attend the Supervisor meeting). Please read the comments and I would encourage you to add your own.

Comments

Panhandler wrote on Feb 3, 2010 12:59 PM:

” Elitism and racism is alive and well in Tredyffrin. They kiss the behind of the golf club, while they allow Mt. Pleasant to deteriorate and be taken over by students and shady developers.Lamina should be laminated and put at the back of a deep dark shelf to gather dust. He’s a jerk ”

Moderate Girl wrote on Feb 3, 2010 1:14 PM:

” Blair, Good for you Panhandler!

The issue is about an escrow deposit (not a letter of credit)on record with the township, and the precedent it will set if monies are returned prior to completion of a plan. It is not about sidewalks. What Lamina is saying is a bunch of hogwash!

It will also cost the taxpayers money in the end. When sidewalks/paths are installed in that area, the cost will far above what it was a couple of years ago or even today. Thus the taxpayers will be faced with a tax increase. I guess the Band of 4 are too stupid to see it. ”

Christine E. Johnson wrote on Feb 3, 2010 1:26 PM:

” I just had the opportunity to view the BOS Meeting on youtube and I’m appalled. I was one of those TRUSTING citizens who had to rely on the posted agenda because they don’t have cable. Obviously, due to the bad precedent this motion establishes, it’s not just about money or a sidewalk, BUT… I would like to point out that none of the residents of Mt. Pleasant who reside along Upper Gulph Road were asked to participate in Mr. Olson’s sidewalk “survey”.

Also, he kept repeating that Upper Gulph Road is dangerous. Um, Yeah. That’s why every time I see a kid from my neighborhood who is walking to or from the Tredyffrin Library, I pull over to give them a ride. Kids should not be walking on this road. It is not safe.

And, as Panhandler indicates, we have more and more students from Villanova and Cabrini College residing in Mt. Pleasant. And they are walking along Upper Gulph. Just ask the group who got cited for underage drinking along Upper Gulph a couple of months back.

Anyway, so now does this mean that any developer who has an agreement with the Planning Commission does not have to abide by the agreement? Plans be damned, we’ll do whatever we want and get our money back? Is development going to be allowed to run rampant and without proper supervision in Tredyffrin? ”

TT Republican wrote on Feb 3, 2010 2:14 PM:

” Mr. Lamina would be wise to read his own Township’s code prior to making statements on public record. Specifically, Mr. Lamina, please refer to Section 181-34(G) which plainly lays out the requirements for releasing an applicant from a performance guarantee. Where is the request in writing from St. David’s? Where is the evidence this was referred to the township engineer? Where is the written report from the engineer back to the board? Where is the recommended amount to be released made by the township?

The argument that the Board can do whatever it wants simply by making a motion flies in the face of any notion of a democratic government and transparency. ”

Malvern Independent wrote on Feb 3, 2010 11:04 PM:

” TT Republican:

Your points are right on! This whole affair has been a blot on the integrity of Tredyffrin since Olson and gang got involved. It’s a total disgrace and I hope that these people trying to abscond with our government get the legal retribution they deserve. ”

Sadder but wiser wrote on Feb 3, 2010 11:41 PM:

” I encourage readers to watch the videos on this matter to really understand these comments and their purpose by Mr. Lamina. The words bluster and swagger come to mind. WHO CARES if it was money or a letter of credit? His claim that no money changed hands is even more evidence of how insufficient his explanation is. IF there was no cash to return, WHAT WAS THE HURRY? Mr. Lamina is more than aware of the continuing discussions about taking this community into the 21st century — and accepting that municipalities can and do expect land development planning to take place for times far into the future. The 3 supervisors who voted against the motion that night very clearly stated that their objections were procedural — that the sidewalks were secondary to the issue. Mr. Olson made a motion because “he believes what people tell him” and Mr. Lamina explained that the motion was fine, Mr. Kampf rubber stamped his buddy’s deal to help a golf club with sidewalks, and Mrs. Richter didn’t do anything but apparently what she was told. SInce Mr. Olson was her largest contributor during her recent campaign for supervisor, I guess she owed him. She certainly didn’t feel like she owed the community any time to deal with this motion…Mrs. Kichline moved to table and Mr. Lamina did not even acknowledge the motion. Proving that Robert’s Rules of Order in Tredyffrin are Bob Lamina’s personal preferences for control. ”

Roger, wrote on Community Matters on February 3rd, 2010 at 3:26 pm

Pattye,

I find two quotes from Mr. Lamina very interesting. First, he opined that:

“Under our current rules, any supervisor is free to offer any motion he chooses at any time,” said Lamina. “It is not unusual at all for board members to offer unpublished motions during discussions at our meetings and I believe it’s reasonable and appropriate for our board to have this flexibility where needed in its proceedings. In my nearly 12 years of experience on the board, I can’t recall an instance where the township ever consulted with another municipality or the school district on when we schedule our meetings.”

Is he really trying to argue that there is no limitation on the power of a supervisor? That’s what it seems like to me. Specifically, he is arguing that the power to make a motion trumps any legislative or judicial limit on that authority. Under this logic, a supervisor could make any motion under the moon, get three other votes, and have four people take a township hostage. Wait, that sounds familiar….

Second, he makes the statement that

“Since the board has delegated authority for land development to the Planning Commission, our vote on the escrow was the only vehicle available for the board to effect a change to plans in that area of our community and that the majority of the residents in that area clearly did not want.”

So in one breathe, Mr. Lamina states that the board has delegated this authority to the Planning Commission and then states that the Board had to take action to return the escrow money. Which is it, Mr. Lamina, does the Board have this authority or the Planning Commission?

This is a real problem – really this is a micro problem which Tredyffrin residents must understand exemplifies a huge problem facing our township today. The problem being unchecked power in the hands of four.

The way I see it, Mr. Lamina just gave Mr. Peterson a gift to use on Monday

Tredyffrin Township's St. Davids Golf Club Decision Now on YouTube

To make sure that more people are able to see the January 25 Board of Supervisors meeting, my husband Jeff has uploaded the relevant part of the meeting to YouTube. Due to time restrictions on YouTube, the St. Davids Golf Club portion of the meeting is provided in 3 sections – Supervisor Kichline’s remarks, Supervisor DiBuonaventuro’s remarks, and the final board comments and vote of the supervisors.

http://www.youtube.com/watch?v=E2Ngs60RjuQ

http://www.youtube.com/watch?v=GV1K9nuxMmw

http://www.youtube.com/watch?v=ydOzfvGFuMQ

We all make choices in life, some are better than others. This line in my article, ‘ . . . A moment of choice is a moment of trust and it is a testing point of character and competence . . .’ sums up how I feel about the recent St. Davids Golf Club decision of our Board of Supervisors.

I absolutely encourage everyone who reads this post, to forward it to your friends, neighbors and co-workers. Watch each of these video links . . . this is important for all residents of Tredyffrin Township. Our local government is based on policy and procedure. What happens when a few people are allowed to make the rules (or break the rules) as they see fit. You be the judge.

As I See It: Control of Tredyffrin Township is Now in the Hands of Four People . . . as published in today's Main Line Suburban Life

In today’s Main Line Suburban Life newspaper is my As I See It article, “Control of Tredyffrin Township is now in the hands of four people”. Since Tredyffrin’s Board of Supervisors meeting on January 25, I have continued to do research on the motion to return escrow to St. Davids Golf Club. I have now determined that Tredyffrin Township has (1) historically not returned escrow without a written request; and (2) has not returned escrow without the completion of the project and review by the township engineer. That is until January 25, 2010.

Based on the actions of 4 supervisors (Bob Lamina, Warren Kampf, Paul Olson and E.J. Richter) precedent has been now set for all unfinished projects (and the outstanding escrow) as well as all future projects in Tredyffrin Township. For those who did not attend or watch the Board of Supervisors meeting, I would encourage you to catch a re-run. I hope to have YouTube sections of the St. Davids Golf Club section of the meeting containing the motion to return escrow, available later today.

Please understand that this issue is not sidewalks; it is about government policy and procedure and what can happen when control is placed in the hands of a few people.

As I See It: Control of Tredyffrin Township is now in the hands of four people

Published: Wednesday, February 3, 2010

By Pattye Benson

I preface the following article by saying that there are very few times in my life that I have been left speechless but Tredyffrin Township’s Board of Supervisors meeting of Jan. 25 was one of them. For me, that meeting represented community injustice of the worst kind.

I attended Tredyffrin Township’s Board of Supervisors meeting on Monday, Jan. 25. In the days leading up to this meeting, there had been scuttlebutt that Supervisor Paul Olson would once again bring up St. Davids Golf Club and the sidewalk issue. The word on the street was that Supervisor Olson intended to make a motion to return the $25,000 escrow to St. Davids. As part of St. Davids Golf Club’s 2005 land-development contract with the township, the country club was to build sidewalks. Since July 2008 St. Davids had been in default for failure to build the sidewalks. The St. Davids sidewalk issue had been thoroughly discussed at the Board of Supervisors meeting of Dec. 7. At the December meeting, questions had swirled about a suggested $50,000 cash offer from St. Davids Golf Club contained in the BAWG (Budget Advisory Working Group) report. Although there was no written evidence of the offer (which was to exchange $50K in lieu of building sidewalks), there was public outcry from many in the community about the St. Davids offer and the message its acceptance would send to contractors and builders doing business in Tredyffrin Township.

I did not think with the St. Davids Golf Club sidewalk history and community debate that it would be possible for Supervisor Olson to make a motion to return St. Davids’ escrow. There had been no notification to the public and the topic did not appear on the meeting agenda. Yet under “new” supervisor matters, Supervisor Olson did make a motion to return the escrow; Chair Bob Lamina seconded the motion and called for a supervisor vote. Supervisor Michelle Kichline attempted to offer her opinion on the motion but Chair Lamina silenced her and instead went to the audience for comment.

Bob Whalen, chair of the Planning Commission, explained that the sidewalks were part of the 2005 contractual agreement with St. Davids for their land-development project. He offered that representatives from the country club had returned to the Planning Commission asking for forgiveness on the sidewalks but the Planning Commission, considering precedent, voted against the club. Mr. Whalen further explained that there are currently at least six other projects in the township with unreturned escrow due to unfinished projects. To return escrow to St. Davids would now “open the floodgates” for contractors to request the release of escrow without completion of projects. Mr. Whalen adamantly opposed the motion. I then asked the supervisors if St. Davids had presented a written request to return their escrow. Although Supervisor Olson offered that he had “talked to some people at St. Davids,” the other supervisors confirmed that there was nothing in writing; in other words St. Davids Golf Club never asked for the return of their escrow!

Other audience members said passionately that supervisors cannot make a motion on a matter that was not on the agenda … that procedurally you must advertise the matter to the public … that you cannot just gift the country club with $80,000 (the estimated value of the sidewalk project). Several in the audience suggested that Supervisor Olson orchestrated the motion on Jan. 25 to coincide with the important Tredyffrin/Easttown School District meeting held at the same time; therefore expecting fewer residents in attendance at the supervisors meeting. Remembering that St. Davids Golf Club and the return of the escrow were not on the supervisor-meeting agenda; Supervisor Olson (and other supervisors) might have concluded that residents would attend the important school-district budget meeting in lieu of the township meeting, thus allowing for less opposition. But to those of us who did attend the supervisors meeting, it was obvious that Supervisor Olson (and possibly other supervisors) had contacted a few local St. Davids residents who opposed the sidewalks, as they came prepared with written statements of support for the motion. One of my many questions is: why should a select group of residents receive preferential notification of the meeting rather than full and public disclosure to all?

Following resident comments, Supervisor Kichline, a municipal attorney and former member of the township’s Zoning Hearing Board, spoke passionately about procedural law and the inappropriateness of Supervisor Olson’s motion, and moved to table the motion until these serious legal and procedural questions could be answered by the township solicitor. Chair Lamina again dismissed Supervisor Kichline and would not allow her motion “to table the discussion” to come to vote. Supervisor John DiBuonaventuro likewise argued against the return of St. Davids escrow, citing multiple reasons as to why the Board of Supervisors should not pass the motion. Township Manager Mimi Gleason added, when asked, that the passing of this motion would set precedent for all future township projects.

Having heard the comments from the residents and stated objections from Supervisors Kichline and DiBuonaventuro, Chair Lamina called for a vote to return the escrow to St. Davids Golf Club. Supervisor Phil Donohue along with Supervisors DiBuonaventuro and Kichline voted against the motion, and Supervisors Paul Olson, Bob Lamina, Warren Kampf and E.J. Richter voted for the motion. The motion carried 4-3 in favor to return the escrow to the country club.

Tredyffrin’s Board of Supervisors meeting of Jan. 25 was a rude awakening for me … I learned that in our township it is OK for four individuals (Olson, Lamina, Kampf and Richter) to make up the rules. At one point, when Supervisor Kichline offered that in Tredyffrin Township, the Planning Commission actually had the “last say” on the land-development process rather than the Board of Supervisor, Chair Lamina declared that he thinks that the Board of Supervisors will take back their control. Supervisors DiBuonaventuro, Kichline and Donohue did not watch silently as the “Bloc of 4” (Olson, Lamina, Kampf, and Richter) acted against Tredyffrin’s operating principles. Supervisors DiBuonaventuro, Kichline and Donohue understand that personal responsibility means doing the right thing when others do not.

The issue is not sidewalks; it is about following government policy and procedure. Historically Tredyffrin Township has never returned escrow without written request. In addition Tredyffrin Township has never returned escrow without completion of the work and review by the township engineer. That is until now. However, I like others on Jan. 25 discovered that our government policies and procedures do not apply if you are Supervisors Olson, Lamina, Kampf and Richter.

This is a sad reality … but if you are the “Bloc of 4,” you rule the township. Your other fellow supervisors do not matter, the public does not matter, the Planning Commissioners do not matter, the township solicitor does not matter and the township manager does not matter. These four will get to make the rules (or break the rules) as they see fit. As a government, its elected officials are to guide Tredyffrin Township. While politics play an important role in choosing our leaders and charting our priorities, politics should play no role in the rules of governing. The community entrusts the supervisors to care for its assets and its reputation. Our elected officials must conserve and enhance it, or they fail in their fundamental responsibility as evidenced by the decision of Supervisors Lamina, Kampf, Olson and Richter to return the escrow to St. Davids Golf Club.

What does the action of Supervisors Lamina, Kampf, Olson and Richter say for the future of Tredyffrin Township? What does it say to the residents or to all the many volunteers who serve on our township boards and committees? To take advantage of loopholes, quick fixes and shortcuts that will compromise the public trust … To base decisions such as the unprecedented return of escrow to St. Davids Golf Club on how much you can get away with … Integrity in the broadest sense should lead the actions of our elected officials. A moment of choice is a moment of trust and it is the testing point of character and competence.

If Tredyffrin Township’s Board of Supervisors meeting of Jan. 25 is any indicator, I question the transparency of Tredyffrin’s local government, fair dealing practices, full disclosure of information and public communication. Don’t the residents of Tredyffrin Township deserve better from some of its leaders?

Pattye Benson lives in Tredyffrin Township.

Radnor Township Sets the Example for Tredyffrin Township or Maybe it Is the Other Way Around

How about this headline coming out of Radnor Township, “Public Rights to Comment is Actively Under Assualt in Radnor Township”. Have you been following the media coverage of Radnor Township’s elected officials? Close on the heels of Dave Bashore (Remember Bashore is Radnor’s township manager that awarded more than $600K in bonuses to himself and other employees without the authorization of the Board of Commissioners) and his trial, John Nagle won a commissioner seat in November and at the first board meeting of 2010 was elected president of Radnor Township’s Board of Commissioners. In just a few meetings, Radnor Township commissioners have become their own version of reality TV. President Nagle has quickly positioned himself against many members of the community with a determination to control and attempt to silence the commentary of the public at commissioner meetings. As an example of Nagle’s distructive behavior and lack of civility, the public at a board meeting was greatly disturbed when he aggressively shouted profanity at a resident, who dared to disagree with him.

Dan Sherry, an attorney from Radnor Township received a copy of a proposed Radnor Township resolution that is circulating which I found very apropos for Tredyffrin Township readers. Although Mr. Sherry has not verified the resolutions’s authenticity, he believes it to be real. Please read proposed resolution here. Could this be a sign of what is to come for Tredyffrin residents?

In discussion of the proposed ordinance, attorney Sherry writes, “The proposed ordinance, plain and simple, is designed to restrict the public’s ability to engage the Radnor commissioners at official Board meetings, and to prevent the public from asking questions, receiving answers, or alerting the Board (and the public) of complicated matters of concern which can not possibly be expressed in three (3) minutes. . .

Moreover, the proposed ordinance is a shameless attempt to insulate the commissioners (and their corresponding actions) from public scrutiny, and to imbue the President of the Board (currently John Nagle) with unprecedented power and discretion (see, among other places Paragraphs 2, 3 and 4). Accordingly, if this proposed ordinance is adopted by the Board (which is currently comprised of four Democrats and three Republicans), any professed commitment by the commissioners to “accountability” “openness”, or “transparency” can be dismissed as demonstrably (and laughably) false. . . “

Mr. Sherry concludes his thoughts on this proposed legislation by saying, ‘” . . . emphatically, an issue that the local press should examine, and that the identity (or identities) of the commissioner(s) responsible for drafting this document should be discovered and made public immediately.”

In response to Tredyffrin’s Board of Supervisors decision to return escrow to St. Davids Golf Club, I have received emails from residents of Lower Merion, Radnor, Easttown and Willistown Townships. These neighboring residents have followed the decisions of Tredyffrin’s supervisors from the December supervisor meeting which included the BAWG report and with its alleged $50K offer from St. Davids Golf Club, to the $23,200 cardboard check presented to the fire companies and now to this latest supervisor decision (in opposition of ‘past practice’ of the township) to return escrow money without applicant request (or without the contracted work being completed).

Do you see the grey cloud hanging over Tredyffrin Township . . . our neighbors are talking about us, wondering where is the accountability of our elected officials? Wondering why a group of 4 individuals (Lamina, Kampf, Olson, Richter) is allowed total control of this community. Do we as residents of Tredyffrin Township care what our neighbors think of our government and the decisions of the officials that we elect?

I am really struggling to find a solution that could work to turn the clock back for Tredyffrin and its residents . . . to a time not long ago when elected officials of this community did what was right. Supervisors Lamina, Kampf, Olson and Richter need to reflect that it was the voters who elected you to serve them — that is, elected you to serve all the residents. I fear that unless we move towards changing this picture that these four have created, this may be the legacy of those who serve on the Board of Supervisors.

The Week Started with Tredyffrin's Escrowgate . . . and Ends With Chairman Lamina Changing the Scheduled Board of Supervisor Meeting

How many times in 20 years do you suppose that a scheduled Board of Supervisors Meeting has had its meeting date changed? I don’t mean changed due to a holiday schedule or for weather related reasons. I have asked several people that should know the answer . . . no one can recall this ever happening. The calendar for Board of Supervisors Meetings is set at the first meeting in January, Keene Hall is reserved on the master calendar, the dates are published on the website, and are available at the township building.

So then don’t you find it extremely strange that the Board of Supervisor scheduled meeting for this Monday, February 1 is ‘mysteriously changed’ to Monday, February 8 with no stated reason or explanation. How is that Chairman Lamina has the authority to make an unprecedented change to the published schedule of Board of Supervisors meetings? February 1 is only the third scheduled Board of Supervisors meeting of 2010 and Supervisor Lamina decides to change it . . . why? We know that Supervisor Olson is in Hawaii on vacation but he will still be away for the February 8 meeting. Does Chairman Lamina have vacation plans or work issues requiring him to miss a meeting on February 1? If that is the case, the last time I checked Tredyffrin Township has 7 supervisors, and the absence of Supervisors Lamina and Olson at a meeting would still leave a quorum with 5 remaining supervisors. Transparency of government is apparently not the required mantra under Supervisor Lamina’s charge.

Frankly, many of us are still working through the aftermath of ‘Escrowgate’ created by Supervisors Lamina, Kampf, Olson and Richter when we are met with the unprecedented and unexplained Board of Supervisors meeting change. I did a bit of research on changing dates of supervisors meetings; below is the section of Tredyffrin Township Home Rule Charter that deals with board meetings and procedures. Please can someone show me where it says that meeting dates can be changed by the chair of the Board of Supervisors. But I suppose just like Supervisors Lamina, Kampf, Olson and Richter were able to dismiss policy and procedure at Monday night’s meeting, they also can change supervisors meetings. Reason? . . . just because they can.

CHAPTER 31. TOWNSHIP OF TREDYFFRIN HOME RULE CHARTER

§ 31.2-210. Board Meetings and Procedures.

A. The Board shall meet regularly at least once in every month at such time and place as the Board may prescribe by ordinance or resolution. At its first meeting each year, the Board shall prescribe and advertise the calendar of regular monthly meetings for the remainder of the year.

B. Special meetings may be held on the call of the Chairman, or of a majority of Supervisors, by providing notice to each Supervisor at least twenty-four hours in advance of such special meeting, which meeting notice shall be prominently posted at the Township office; however, in the case of an emergency which makes it necessary to convene a meeting with less than twenty-four hours advance notice, this requirement may be waived.

C. The Board may take no official action except at an open public meeting in the presence of a quorum, consisting of a majority of all the members of the Board. All discussions relating to official actions should be in open public meetings with the following exceptions:

1. Matters in litigation with the Township as a party;

2. Matters concerning hiring, dismissal, promotion or discipline;

3. Matters which would adversely affect the reputation of any persons; and,

4. Matters having to do with the acquisition of land and other subjects which would be likely to benefit a party whose interests are adverse to the general community.

Official actions by the Board shall be taken only by ordinance, resolution or motion. Voting, except on procedural matters, shall be by roll call vote. A majority vote of all the members of the Board shall be required to adopt an ordinance. Resolutions or motions shall be adopted by a majority vote of all the members of the Board present, except as otherwise provided herein.

D. It is the intent of this Charter that the Board act as a body in relation to all administrative matters. No Supervisor shall publicly or privately seek individually to interfere with the official acts of Township officers and employees. However, nothing herein contained shall prevent the Board from establishing committees of its members to review the operations and legislative needs of the departments, or from assigning individual Supervisors to liaison relationships with boards, commissions and authorities.

Christmas in January for St. Davids Golf Club . . . Thank you Supervisors Lamina, Olson, Kampf & Richter

The community’s outrage over Monday night Board of Supervisors decision to return $25,000 escrow money to St. Davids Golf Club continues . . . Tredyffrin resident Dariel Jamieson provides the following Letter to the Editor in today’s Main Line Suburban Life.

Supervisors’ gift to country club

To the Editor:

What happened at Monday’s Tredyffrin Board of Supervisors meeting gives new meaning to the term “country-club Republicans.” In a stealth move that set a new standard for chutzpah, four members of the Board of Supervisors – Kampf, Lamina, Olson and Richter – voted to return $25,000 in escrow funds to St. Davids Country Club. There had been no public notice, the item was not on the agenda, and Mr. Olson, who made the motion, admitted the township had received no formal request from St. Davids to return the escrow funds.

After all the hoopla associated with St. Davids’ 18-month breach of contract, Monday night’s decision by four supervisors effectively absolves the golf club of its obligation to build a sidewalk along its property on Upper Gulph Road – an agreement reached with the Planning Commission in 2005 as part of an approval to expand its clubhouse.

But this is not about sidewalks. It is about the supervisors’ total lack of transparency, the appearance of impropriety, the complete disregard for the Planning Commission’s decisions, and the setting of bad precedent.

It became obvious during public comment that some members of the community had advance notice of the topic – some referring to typed notes as they spoke. That advance notice begs the question of why the item was not on the agenda. One supervisor said after the meeting that she “had been phoning people the whole latter half of the week.” People who clearly had not been made aware of the topic were residents of the Mount Pleasant neighborhood and members of the Sidewalks, Trails and Paths Committee.

I was also told after the meeting that the supervisors had asked for legal advice before the meeting and a representative of the township solicitor had assured them they were within their rights to take such a vote. Clearly there was time to get a legal opinion but no time to add the topic to the agenda. The stealth move was also scheduled on the same night as the Board of Education budget meeting, which was expected to have a “standing room only” crowd since it was covering the possibility of a significant tax increase.

Supervisor Michelle Kichline tried to initiate discussion opposing the motion but was silenced by Chairman Bob Lamina, who had announced that he would hear comments from the public before board members could speak. Ms. Kichline moved to table the motion in favor of St. Davids until serious legal and procedural questions could be answered but Mr. Lamina did not allow her motion to come to a vote.

Planning Commission Chair Bob Whelan stepped forward to rebut Mr. Olson’s claim that all immediate neighbors were opposed to the sidewalks and questioned why the board would want to completely negate the decision made by the Planning Commission. Later in the meeting Mr. Lamina suggested Tredyffrin should re-examine the role of the Planning Commission because the “Board of Supervisors are the ones elected directly by the voters and hence the ones accountable.”

One has to wonder why these four board members thought it was imperative to slip through a sweet deal for St. Davids. When the Board of Supervisors is willing to cut funding to the fire companies, libraries, public works and services to seniors, why was such effort expended to effectively make a gift to a country club?

Dariel Jamieson, Tredyffrin

Questions Continue Regarding the St. Davids Golf Club Decision by Supervisors Lamina, Kampf, Olson & Richter

In discussion of the gray area surrounding the St. Davids decision by the Board of Supervisors (Lamina, Kampf, Olson, Richter), several residents inquired about our township solicitor, and how does his judgment weigh in on the legalities of this decision. Tom Hogan of Lamb McErlane PC, (township’s contracted law firm) was absent on Monday night (due to knee surgery, not vacation as earlier suggested). Another attorney from his firm attended the meeting in his absence.

Tredyffrin has a contractual agreement with Lamb McErlane but I was not clear on the duties of the township solicitor. In review of the Pennsylvania State Association of Township Supervisors website, I was able to locate the township solicitor’s job description (which I have included below). On one hand, in Section 1101 it is clear that the ‘township solicitor serves at the pleasure of the board of supervisors’ but then on the other hand, in Section 1102, it states that the township solicitor is to have control of all legal matters. Section 1103 does state ‘The township solicitor shall furnish the board of supervisors, upon request, with an opinion in writing upon any question of law.’ Do you suppose that Supervisor DiBuonaventuro, Kichline or Donohue could individually ask for a written opinion from Mr. Hogan?

If we consider the St. Davids Golf Club decision, is it possible for the township solicitor to serve at the pleasure of the board of supervisors if those same supervisors may (or may not) act in a legal manner? A township solicitor may advise the board of supervisors on legal matters but the supervisors have the right to make the final decision for the township (apparently, even if the decision is questionable). So as far as the St. Davids decision is concerned, the township solicitor is responsible only to the supervisors. Further, I am not clear what counsel was given to the supervisors in Executive Session on the St. Davids GC escrow matter, prior to the supervisors meeting. In the end, I guess it does not matter, the supervisors remain the final word. Bottom line, if we want this latest Board of Supervisor decision to be challenged . . . it is not the job of the township solicitor.

I am not satisfied with the St. Davids Golf Club decision on many levels but I need help as to where we go from here . . . just think that if this decision is allowed to stand, what will be next? The Board of Supervisors meeting which was scheduled for Monday, February 1 has now been changed to Monday, February 8. Coincidentally (?), the February 8 is the important TE School District Finance Committee Meeting (2010-11 budget discussion). Remember what happened this week . . . many residents attended the TESD meeting and not the Supervisor Meeting (because if you reviewed the BOS agenda, there was no mention of St. Davids Golf Club) and we saw what happened! One can only wonder what the ‘Block of 4’ (Lamina, Kampf, Olson, Richter) have planned for the February 8 meeting of the Board of Supervisors (that won’t appear on the agenda) .

ARTICLE XI TOWNSHIP SOLICITOR

Section 1101. Township Solicitor.–The board of supervisors may appoint and determine the compensation of a township solicitor. The township solicitor shall be licensed to practice law in this Commonwealth and may be one person or a law firm, partnership, association or professional corporation. The township solicitor serves at the pleasure of the board of supervisors.

Section 1102. Solicitor to Have Control of Legal Matters-The township solicitor shall direct and control the legal matters of the township, and no official or official body of the township, except as otherwise provided under law, shall employ an additional attorney without the assent or ratification of the board of supervisors.

Section 1103. Duties of Solicitor.–The township solicitor, when directed or requested so to do, shall prepare or approve any bonds, obligations, contracts, leases, conveyances, ordinances and assurances to which the township may be a party. The township solicitor shall commence and prosecute all actions brought by the township for or on account of any of the estates, rights, trusts, privileges, claims or demands, as well as defend the township or any township officer against all actions or suits brought against the township or township officer in which any of the estates, rights, privileges, trusts, ordinances or accounts of the township may be brought in question before any court in this Commonwealth and do every professional act incident to the office which the township solicitor may be authorized or required to do by the board of supervisors or by any resolution. The township solicitor shall furnish the board of supervisors, upon request, with an opinion in writing upon any question of law.

Based on PA Municipalities Planning Code (MPC) It Appears That the Board of Supervisors St. Davids Golf Club Decision May Not be Legal!

Community Matters had over 2,200 visitors yesterday setting a new single day total. In review of the statistics, it seems that people’s interest was about evenly divided between Monday night’s Board of Supervisor Meeting and the School Board Meeting. Many readers were left with more questions than answers in their review of the Supervisor Meeting. With that in mind, I am looking for help from a municipal attorney to review the Board of Supervisors recent decision to return St. Davids Golf Club $25,000 escrow.

I received the following comment from a reader which includes an excerpt from the Pennsylvania Municipalities Planning Code (MPC). Reading the reference, I completely agree with the reader’s analysis that the actions of Supervisors Lamina, Kampf, Olson and Richter violated Tredyffrin Township code (which is based on Pennsylvania Municipalities Planning Code). At the Board of Supervisor meeting, I questioned the supervisors if there was a written request from St. Davids Golf Club; they clearly acknowledged that the township had received nothing in writing. Based on the MPC, it would appear that the lack of a ‘written request’ should have been the end of the discussion . . . a written request for ‘return of escrow’ would have formed the basis for the process to begin.

Based on the MPC, I do not understand how it is legally possible for Supervisor Olson to make a motion, Supervisor Lamina to second the motion and then take a Supervisor vote on a matter that may not be legal. I am confused – was the vote legal or not? Supervisor Kichline (an attorney and former Zoning Hearing Board chair) certainly questioned the motion and the possible legalities, asking for further review from the Township Solicitor. But wouldn’t Supervisor Kampf (an attorney and partner in the law firm of White & Williams) understand muncipal law and not cast a deciding vote on a questionable matter? Supervisor Kichline votes against the motion to return escrow to St. Davids GC but Supervisor Kampf casts the deciding vote in favor. I just don’t get it . . . as an attorney, why in the world would Supervisor Kampf participate in this process if there was any question?

At this point, I do not have a definitive answer on the legality of the St. Davids matter but I am going to continue to work on it. I am sending this post and reader’s comment to Tom Hogan, Township Solicitor and Mimi Gleason, Township Manager. If they are unable to provide a clear response, I will contact the PA Attorney General’s office. If there is a municipal attorney reading Community Matters, please offer your opinion.

Roger, on January 26th, 2010 at 8:54 pm Said:

I was unable to attend the meeting, but have read the multiple accounts of this issue. In my humble opinion, the Board of Supervisors is in violation of their own Township Code, which is enacted under the authority of the PA Municipalities Planning Code (MPC). Feel free to reference the code for yourself here: http://www.ecode360.com/?custId=TR1485.

I would assume that the escrow account would be classified as a “Performance Guaranty.” While I believe the BOS COULD delegate some of this authority to the Planning Commission, it has chosen not to (which is entirely permissible. HOWEVER, Tredyffrin’s code plainly states:

“As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the Board shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Board his independent evaluation of the proper amount of partial releases. The Board may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements as per § 181-34D of this chapter.” Tredyffrin Township Code Section 181-34(G).

What is important in this provision??? Well, first of all the request for release of the funds MUST BE IN WRITING. Second, the BOS is given 45 days to refer the matter to the Township Engineer. The Engineer must CERTIFY IN WRITING that the improvements have been completed and also determine the AMOUNT TO BE RELEASED.

I would ask this:
1) Where is the request from St. David’s (well actually the entities doing the work there) for release of these funds?

2) Where is the report in writing from the Township Engineer?

3) Where is the estimated return amount determined by the Township Engineer?

4) Why was the normal procedural aspects (as was mentioned by Ray) disregarded here?

I am not well versed in this area, but to me it seems simple – there is a process that MUST BE FOLLOWED. With all due respect, the Supervisors must be held accountable for failure to follow their own code. The Supervisors do not have the authority to simply make a motion and dispose of an issue as they see fit with no procedures followed.

Community Matters © 2025 Frontier Theme