Methods clash to change Concord government

Two different movements to change the structure of Concord Township government bumped heads during a special supervisors’ meeting on July 28.

Supervisors voted to send a ballot question to the Delaware County Election Board that would ask voters in November whether they want a commission established to study possible changes. The same day, a citizens’ movement filed a petition with more than 1,000 signatures to ask voters whether they want the township to shift from a township of the second class to township of the first class. Both questions could be on the November ballot.

During the meeting —one that morphed into talks about moratoriums on building and rezoning — Chairman Dominic Pileggi read a July 21 e-mail sent to several members of the petitioning group that said the petition was a way of “taking down the supervisors.”

The e-mail, Pileggi said, was from Wilmington resident Jason Hoover, the head of Save the Valley, a group that’s been seeking to stop the possible development of the Woodlawn Trustees property in Concord.

“After this weekend,” Pileggi read, “we are only at 10 percent of our goal as Ken and Heather were the only people to go canvassing this weekend. If we’re going to win this thing, we need absolutely everyone to do their part with no exceptions. This is our one shot at taking down the supervisors. If we’re unsuccessful, we’ll have to wait two years before trying again and gather twice as much signatures. We cannot afford to miss this opportunity. We have 10 days to reach our goal. That’s quite a challenge. Here’s how we’re going to do it. I’ve created a Google doc. Check your calendars. If you’re having problems, call or e-mail me and we’ll get it sorted out.”

Pileggi said he believes Hoover — who did not attend the meeting —is behind the petition movement, something Hoover later denied.

The supervisor did not reveal how he came to possess a copy of the e-mail, and he did not refer to it until one member of he audience said neither Hoover nor Save the Valley had anything to do with the petition drive.

Chadds Ford Live sought out Hoover through an intermediary. Hoover phoned, but when asked, would neither confirm nor deny that he said the goal was to take down the supervisors. He said his answer would be spun and that he would not answer the yes or no question. However, he did say that, while he supports the petition drive, he’s not part of the leadership. He also accused Pileggi of fear mongering.

“When the power of Concord Township is reading through my personal e-mails, I think they’re looking for reasons to scare people,” he said.

He said he was simply included in an e-mail thread.

Pileggi said the e-mail was sent to three people who addressed the board during the July 28 session.

One of those people was Colette Brown. Prior to the meeting, she was handing out papers explaining the Concord First movement.

The goal, according to the handout, is to change the township status. Such a move would replace the five at-large supervisors with 10 commissioners to be elected by and represent the various wards in the township.

In addition, according to the handout, changing the status would “put an end to developers influencing township code and zoning ordinances,” reduce tax millage rates, improve transparency by televising all public meetings, and “stop the ongoing building and population explosion.”

The petition needed signatures of 582 registered voters in Concord, but they wound up with more than double that amount.

Also, according to the group’s documentation, townships of the second class may raise taxes to a higher millage rate than townships of the first class. However, as previously reported, the Pennsylvania State Association of Township Supervisors said the opposite is true.

Brown’s group contends townships of the second class may have millage rates of 38.5 mills, while townships of the first class are limited to 34.1 mills.

PSATS Assistant Executive Director Elam Herr said townships of the second class have a maximum property tax millage of 14 mills or up to 19 mills with court permission. In townships of the first class, the rates are 30 and 35 mills, respectively.

Those rates go up when dealing with special taxes, Herr said. In those situations, townships of the second class may raise the total property and special tax millage up to 37 or 38 mills, while that rate could be up to 70 mills for townships of the first class, according to Herr.

The Concord supervisors’ position is to find out if the majority of voters want to establish a seven-member commission that would examine all the options of changing the form of government, including becoming a township of the first class; staying a township of the second class; or adopting some form of home rule charter.

During the meeting, Brown asked whether there could be a moratorium on building and rezoning while such a commission was doing its study.

Solicitor Hugh Donaghue said that would be unconstitutional and could be challenged in court. All current plans must continue under existing procedures or ordinances.

Ann Mueller asked the board to explain why members didn’t want to go directly to being a township of the first class and said people believe there’s been too much urbanization in the township and that they want more direct representation by ward.

Pileggi said going straight to being a township of the first class without any study is the wrong way to go about the possible change. He said he favors having supervisors or commissioners elected by ward instead of all being elected at-large.

As an example, he said Middletown Township is still a township of the second class, but has ward-based representation.

Donaghue added that changing the township status without the commission study would provide no time for voters to reflect on any proposed change. He also said that the petition doesn’t set forth the form or size of any elected body, nor does it establish the length of the term of office for commissioners.

Mueller also said supervisors need to “understand what’s precious and important” to the residents.

Close to a dozen residents spoke during the meeting. Some had procedural questions about the proposed commission; others stressed their concerns that only by changing to a township of the first class can development be controlled and taxes kept in check.

Some said the township should buy the Woodlawn property. Pileggi said that issue could be discussed at another time, but added that he estimates it would take about $22 million to buy the 325 acres. That would likely triple the current property tax rate of 0.944 mills, he said.

Supervisors contend that establishing a commission to study possible changes is the better way to go. The seven commission members — if voters choose that route — would consider all possibilities, hold public meetings on the matter, record minutes of all meetings, and provide a written report on findings and recommendations for public review within an 18-month period, Pileggi said.

The possibilities include becoming a township of the first class, staying a township of the second class but with ward-representation, adopting some form of home rule charter, or making no change at all.

Ballot questions on both approaches could go before the voters this fall. One question would be whether to become a township of the first class while the other would be whether to establish the study commission.

A third question would also be on the ballot, that being who the seven commission members would be. Supervisors Pileggi and Kevin O’Donoghue said none of the current five supervisors want to be on the committee.

If voters choose to go directly to being a township of the first class, then the Court of Common Pleas in January of 2015 would appoint commissioners for staggered terms until the next municipal election cycle starts, according to both Pileggi and Herr.

 

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.

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