State Rep. Paul Drucker’s Bill to encourage ‘green’ building for schools passes House

News from Harrisburg . . . Our State Rep. Paul Drucker’s House Bill 689 to provide incentives for school districts to construct cleaner and more efficient schools has passed the House with a vote of 106-85.  My understanding is the roots of this legislative bill began in 2008 under former State Rep. Carole Rubley’s direction.  With some 2009/10 updating, Rep. Drucker was able to successfully move the bill through the House’s voting process.  The following is excerpted from Pennsylvania State House press release:

 Current law requires school boards to first receive voter approval before commencing any major construction plans over a certain dollar amount, including new buildings or significant renovations. That law, he said, inadvertently impedes the construction of environmentally friendly schools due to the high up-front cost, which may push the cost of green construction over the limit. House Bill 689 would exclude any costs incurred by a school district in the construction of a school building that meets the Green Building Standard from the calculation of construction costs when determining if voter approval is needed. At a minimum, Green Building Standard projects must include performance-based credits that will improve a building’s energy performance and promote the use of environmentally friendly building materials and technologies. Documentation to support the energy efficiency of the project is required. Green Building Standard projects must also employ third-party, post-construction review and have a performance record of certified green buildings in the United States.

The bill includes a requirement that Green Building Standard costs be submitted to the Pennsylvania Department of Education at the same time that construction cost estimates are submitted for approval. Drucker said that inclusion of Green Building Standard costs with construction costs would allow districts to demonstrate any long-term savings produced by investment in green building technologies.

“Over time, green buildings save money by reducing energy costs and provide a healthier internal air quality for our children,” Drucker said. “My bill would allow school districts to realize these long-term benefits without being burdened by the up-front costs associated with green building.”

Rep. Drucker’s bill will now go to the Senate for consideration and here’s hoping for a successful outcome!

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State Rep Paul Drucker to Host Job Fair on March 31 in Phoenixville

State Rep Paul Drucker’s March newsletter arrived in the mail yesterday and contained an important announcement for those in the community that are looking for a job.  Together with PA Department of Labor & Industry, Rep Drucker is hosting a Job Fair on Wednesday, March 31, 2-5 PM at the Phoenixville Civic Center, 123 Main Street, Phoenixville.  The job fair will include a resume writing workshop and job hunting seminars.  Job opportunities at all levels will be available. 

Rep Drucker is reporting that the following industries are confirmed to be on-hand: 

  • Human Services 
  • Retail/Restaurant 
  • Non-Profit 
  • Healthcare 
  • Insurance 
  • Financial Services 
  • Early Childhood Education 

Employers from various additional industries are also expected to be in attendance. The event will also feature job opportunities for veterans. Admission is free and business attire is encouraged.  This is good news for local job-seekers.  If you are in the job market, mark your calendar for March 31.  Thank you Rep Drucker  for offering this opportunity to the residents in your legislative district!

Paoli Resident Calls for Fair Play and Common Sense From Elected Officials

The following Letter to the Editor appears in this week’s Main Line Suburban Life newspaper.  Written by Paoli resident Eugene Grace, this letter really hits on what some of us have been thinking lately.  Mr. Grace doesn’t write his letter with a particular political view or slant; nor is he suggesting that one political party is better or worse than another.  Mr. Grace’s  message is simple . . . he is asking for fair play and common sense from our elected officials.  An interesting letter — comments?

  To the Editor:

Fair play and common sense are the two traits that voters want from their political leaders.

Fair play means simply following the established rules of the game as well as their related customs and traditions. Locally, fair play does not include Tredyffrin’s use of “New Matter” to keep a significant township matter off the published agenda. Locally fair play would not allow the Lower Merion School District to plant remote-controlled webcams into school-provided computers without some form of notice.

Nationally fair play does not include the U.S. Senate’s use of a tactical tool known as “Reconciliation” to pass major legislation. Under “normal” Senate rules, 60 votes are required to move legislation through that body. Reconciliation was developed as a speedier way to move smaller budgetary or tax issues through the Senate with only a simple majority of 51 votes. The Senate’s use of Reconciliation for health care would be a departure from Senate rules and tradition.

Common sense informs us that Tredyffrin should have collected monies owed under previous commitments without further study and that the Lower Merion School District should have provided notice to students regarding a potential invasion of privacy. Common sense says that the U.S. Senate should not employ Reconciliation regarding health care, which constitutes 16 percent of the U.S. economy. Common sense tells us that leaders should lead.

The fact that “The People” are leading on all these issues tells us that fair play and common sense have been thrown to the wind. Common sense tells us that the “leaders” responsible for these decisions should have a similar fate.

Eugene P. Grace, Paoli

Attorney Offers Legal Opinion on February 22 Board of Supervisors Vote

A follower of Community Matters, a local attorney (most likely a municipal attorney) has offered his legal opinion on various township topics, including St. Davids Golf Club sidewalk issue.  Overnight I received his legal opinion on the February 22 vote by the Board of Supervisors to reverse their earlier vote and decision to set up a sidewalk and trails review subcommittee (Board of Supervisors 2/22/10 Meeting . . . St. Davids Golf Club Motion.)  As indicated in the post of St. Davids Golf Club Decision Reversed but, . . . Was There Full Disclosure, Transparency, Deal-Making? the supervisors vote of February 22 created much dialogue from the community.  Understanding the supervisors decision from a legal perspective is important; I ask you to reflect on the following:

JudgeNJury, March 3, 2010 at 12:36 AM Said:

Other matters kept me from focusing on the February 22 vote before, but now that I have looked at it (and at the risk of beating a dead horse), I wanted to add my two cents. In short, it seems to me that the BOS once again failed to follow appropriate procedures when it passed the second part of the February 22 motion.

Pennsylvania’s Municipalities Planning Code (“MPC”) authorizes townships to establish planning commissions. Tredyffrin Township did so, and Section 43-6 of the Township Code specifically states that the Planning Commission “shall have all other powers and duties provided by the Pennsylvania Municipalities Planning Code.” (http://www.ecode360.com/?custId=TR1485).

Section 303(a) of the MPC states that:

“Whenever the governing body, pursuant to the procedures provided in section 302, has adopted a comprehensive plan or any part thereof, any subsequent proposed action of the governing body, its departments, agencies and appointed authorities shall be submitted to the planning agency for its recommendations when the proposed action relates to . . . the location, opening, vacation, extension, widening, narrowing or enlargement of any street, public ground, pierhead or watercourse.” (http://mpc.landuselawinpa.com/MPCode.pdf).

Section 107(a) of the MPC contains the following definitions:

1) “Governing body” includes “the board of supervisors in townships of the second class.” Tredyffrin Township is a township of the second class, and it has adopted a comprehensive plan (http://www.tredyffrin.org/departments/community/comprehensive.aspx).

2) “Planning agency” includes planning commissions.

3) “Public ground” includes “parks, playgrounds, trails, paths and other recreational areas and other public areas.” Under this definition, it seems clear that sidewalks qualify as a “public ground.”

The second half of the February 22 motion did two things: it (1) “form[ed] a Subcommittee . . . to begin a process to reexamine where the community wants and needs sidewalks;” and (2) relieved St. David’s from its obligation “to build the path, until the new policies are adopted or the Township has put in place designs and funding for sidewalks or paths that would connect to the proposed St. David’s pathway.” It seems to me, then, that the motion was a “proposed action of the governing body [the BOS]” that “relates to . . . the location [and] opening . . . of any . . . public ground.”

Therefore, the BOS was required to submit the motion “to the Planning Commission for its recommendations” before it could vote on the motion. The Planning Commission then would have had 45 days to make a recommendation. See MPC Section 303(b). As far as I know, the BOS did not submit its proposal to the Planning Commission before it voted on it.

As a practical matter, compliance with these procedures probably would not have made much difference. The BOS could have submitted the proposal to the Planning Commission for a recommendation and then, regardless of what the Planning Commission recommended, voted to approve the motion. That reality does not, however, change the fact that the BOS appears to have ignored procedures once again.

A Couple of Political Points of Interest . . .

I found a couple of interesting political notes in the last couple of days . . .

On the Republican side:  Phoenixville Councilman Ken Buckwalter (R) who is running in the Pennsylvania State House 157 primary race, has received an endorsement from longtime friend Ed Shanaughy.  You may not know Ed personally but I bet that you know his restaurant – Our Deli in Paoli (with the large steer out front).  Ed served as president of Paoli Fire Company for 35 years, recently stepping down (John Beatty is now president) to become the fire company’s Chairman of the Board.  As a Director of Paoli Business and Professional Association, Ed serves with me on the Board as Director Emeritus.  

Both Ken and Ed are local small business owners and have known each other for 30 years; in fact Ken attributes some of his early success with Buckwalter Framing to Ed’s support.  Ken Buckwalter stated in his press release,

To have his [Ed Shanaughy] endorsement is gratifying.  I had stated at the candidate interviews in early February that I live in one major end of the district and have done business for many years in the other.  I am well-known throughout, and my public service is largely without controversy.”

On the Democrat side:  I found this next political tidbit an interesting sidebar on the local Pennsylvania Senate primary race,  Senator Arlen Specter (D) vs. Congressman Joe Sestak (D).  Yesterday in a press release, Specter claimed that Sestak does not pay all his campaign staffers a living wage, or even the minimum wage, unless they are a member of his family.  Specter’s report shows Sestak employees receiving what appears to be far less than the minimum wage.  The response from Sestak’s camp is that those are all part-time employees who split their time; people who work 10 percent of their time for the campaign. 

In a second press release today, Specter called for Sestak to clarify the reports, or turn himself into the authorities for violating minimum wage law requirements. Sestak’s email response to Specter’s latest pronouncement,

“It’s a shame with the enormous challenges facing our country that Senator Specter is spending his time working on this, rather than focusing on getting our economy in shape or reforming our healthcare system. This kind of petty diversion and focus on personal attacks is why so many people hate Washington-style politics.”

Main Line Suburban Life Weighs in on Board of Supervisors Meeting and St. Davids Golf Club Motion

Today’s Main Line Suburban Life newspaper offered the following article by Blair Meadowcroft concerning the recent Board of Supervisors Meeting and the St. Davids Golf Club Motion.  I decided to post this article because it quotes John Petersen as saying that he intends to move forward with the lawsuit against the township.  As of today, John has changed his mind and will not file the lawsuit.  Rather than people reading this article and misunderstanding, I thought it best to clarify the situation.  John has left on a business trip otherwise I would let him explain . . . perhaps he will offer an explanation for his decision once he gets to Austin. 

    Tredyffrin board votes to look at St. Davids Golf Club controversy

By Blair Meadowcroft

The St. Davids Golf Club issue, which has been a heated debate for weeks in Tredyffrin Township, has taken yet another turn.

First the Board of Supervisors voted 4-3 to approve a motion to release $25,000 from an escrow account to the golf club on Jan. 25. Then on Feb. 8 three of the four supervisors who approved the motion publicly apologized, saying their actions were not perfect. Two weeks later, after getting requests from numerous residents to reverse the vote, Chairman Bob Lamina offered a new motion that he hoped would serve as a “solution.”

Specifically the motion stated that the vote made on Jan. 25 “be reversed and rescinded.” While this on its own made residents happy, more conditions were added to the motion that quickly changed their opinion. According to the motion, the BOS, Planning Commission and Sidewalks, Trails and Paths Committee (STAP) will form a subcommittee to “begin a process to re-examine where the community wants and needs sidewalks.” Under this motion the committee will look at the “conditions upon which the Planning Commission may from time to time grant relief from our land-development ordinance” among other specific assessments including prioritization and funding sources.

According to Lamina the subcommittee will be initiated in March and the process of re-evaluating should be done by the end of the year.

“I hope this motion can get us back to where we should have been all along,” said Lamina. “We need to get back into a dialogue process for paths and sidewalks in the township. My hope is that we can move forward together and not look backward.”

According to Township Manager Mimi Gleason, the idea of discussing and defining the greenworks network, which is a part of the Comprehensive Plan, had been considered, and such an assessment, if done, would hopefully gain resident input on what is wanted or needed in the township.

However, in response to Lamina’s motion, residents questioned why there wasn’t a simple reversal without added conditions. Many suggested the board divide the motion into two separate parts, and requested to see it in writing and be given time to consider it before taking a vote. The underlying feeling from those who spoke at the meeting was that the residents no longer trust the board and therefore question its actions.

“I wrote the motion with the idea that this was a comprehensive response to the discussions and comments that have been made, and that it would put us to where we were before,” said Lamina. “There is no deal, no reasoning behind the second part of the motion. This is just trying to move forward.”

According to Lamina, St. Davids officials confirmed their continued obligation to put in sidewalks, and that everyone he had spoken to regarding the proposed motion was on board.

As one of the supervisors who originally voted against the motion Jan. 25, John DiBuonaventuro stated that he supported the new motion on the table because “if anything less than a genuine evaluation comes out of this, I will speak up against it and so will you, and for now we have to get past this.”

After hearing varied comments from residents, most of whom were against the motion, as well as comments from board members in favor of it, Lamina held a vote. The board unanimously passed the motion.

As a result of the conditions placed on the motion, Tredyffrin resident and one-time supervisor John Petersen has decided to sue the township. Before the meeting Monday night, Petersen had written up a complaint against the township and specifically the four supervisors who originally voted in favor of the motion. His intention was to wait to see how the meeting played out and then decide whether or not to serve the township the papers.

“They did not do what I requested, which was to formally reverse, in pure form, what happened on Jan. 25,” said Petersen. “I asked for declaratory judgment stating that what happened was wrong, but Monday night there was no admission or recognition that what happened was against the Home Rule Charter, Paul Olson never apologized and the board didn’t simply reverse the vote; they added new conditions.”

According to Petersen, his plan is to review the lawsuit and make a few changes, and will go forward with this within the week.

“I am going to remove the individual names from the lawsuit because the focus of this now is about the township and the board as a collective whole and wanting them to do the right thing,” said Petersen. “With the unanimous action from the board, there is no reason to distinguish the members.”

He went on to say that no such lawsuit should have to be filed, and that his filing will be subject to the board “doing the right thing.”

“All I am asking is that the court declares what happened as illegal, and that the vote made last night was null and void,” said Petersen. “I want everything to go back to exactly the way it was before Jan. 25.”

Board of Supervisors 2/22/10 Meeting . . . St. Davids Golf Club Motion

BOS Meeting 2–22-10 Part I: St. Davids Golf Club Motion.  Here is the YouTube video clip of Monday’s St. Davids motion made by Lamina, seconded by Olson.

Below is the motion made at Tredyffrin Township Board of Supervisors’ meeting, February 22, 2010 in regards to the St. Davids Golf Club escrow and the development of the subcommittee.  The exact wording of the St. Davids motion was taken from the Tredyffrin Township website, www.tredyffrin.org; the motion is as follows:

I hereby move that the Board’s motion of January 25 regarding St. David’s be reversed and rescinded; and do hereby further resolve that the Board of Supervisor’s form a joint Subcommittee with the Planning Commission and the STAP to begin a process to reexamine where the community wants and needs sidewalks, with a goal that this Board may adopt more formal policies and procedures to provide additional guidelines relative to design, development and construction of the sidewalks and paths in the Township atlarge. At a minimum, this re-assessment should address both the timing, prioritization, funding sources, the conditions upon which the planning commission may from time-totime grant relief from our land development ordinance, and recommend any other changes the prospective new policy might require. While the subcommittee process take place, neither the Board or the Township will be formally moving to compel St. David’s to build the path, until the new policies are adopted or the Township has put in place designs and funding for sidewalks or paths that would connect to the proposed St. David’s pathway. The Subcommittee in carrying out its re-assessment will seek input and participation from the Public and the Committee’s involved which necessarily will include the Planning Commission and the STAP.

Motion made by Lamina; Second by Olson

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