January 31, 2018

Attorney: Concord shows bias; wants recusal

A hearing for a land development application in Concord Township stalled at the starting gate Tuesday when the applicant’s attorney called for Township Council to recuse itself for bias. Attorney Marc Kaplin also asked the council to appoint an independent hearing officer.

After a brief executive session, Council put the hearing on hold for 20 days to decide on the requests. Feb. 27 was already scheduled for the second night of testimony in the matter.

The applicant, Concord Ventures, wants to build 29 townhouses in six buildings and 166 apartment units in three five-story buildings on 49 acres of a 64-acre property west of Route 202 at Watkin Avenue near the Delaware state line — part of the Woodlawn Trustees property. Concord Ventures is the equity owner.

Kaplin, representing Concord Ventures, said Concord Township Council President Dominic Pileggi, township engineer Nate Cline, solicitor Hugh Donaghue and former Township Manager Brenda Lamanna had engaged in communication with an attorney representing people who object to the development but without his client’s knowledge.

“This shows bias against my client,” Kaplin said. “It violated due process.”

That other attorney is Marc Jonas who, on Jan. 16, represented Lori Kidd during a Planning Commission meeting on the Concord Ventures application. Kidd opposes the application, and the commission voted to recommend that council deny the plan.

Kaplin said during council’s Jan. 30 meeting that before Jan. 16 the township never informed him that there were objectors to the application. He said he was also unaware of a series of phone calls and emails between Jonas and township personnel regarding the proposed development.

“Based on invoices sent to Concord Ventures by the township, representatives of the township have had a number of ex parte and undisclosed substantive telephone conversations and written communications with Jonas to discuss Concord Ventures’ application,” Kaplin said reading from a prepared seven-page petition.

In the petition, he cited 10 incidents between July 5, 2017, and Nov. 26, 2017, in which the undisclosed communications took place. Kaplin specifically mentioned a 2.5-hour conference call between Pileggi, Lamanna, Donaghue and Jonas on July 5.

“The township representatives’ repeated undisclosed telephone conversations and written communications with Jonas concerning the CV application create, at a minimum, the appearance of collusion with the objector to oppose CV’s application,” Kaplin said.

Regarding the alleged 2.5-hour ex parte conference call last July, Pileggi said he did not have any phone call with Jonas on that date and Donaghue said that, while he might have spoken with the others mentioned that day, there was no such 2.5-hour conference call.

Kaplin also said the township’s denial of a reverse subdivision request of the property in 2015 for reasons he called “irrelevant and improper” — and later overturned on appeal — showed council has a “predisposition and bias” against his client’s application.

He then cited a handful of court cases in which judges opined the need for unbiased tribunals, even the need to avoid the appearance of bias. Regarding several of the cases, Kaplin said: “The mere potential for bias, or the appearance of non-objectivity, is sufficient to constitute a violation of due process.”

In urging recusal, he said “An administrative tribunal functions as a judge and is held to the same standards as a judge with regard to recusal,” and under Pennsylvania law, “any circumstances or factors that objectively lead to the conclusion that the judge’s impartiality might reasonably be questioned justify recusal.”

He concluded saying: “Based on the foregoing, CV requests that all Township Council members and the township solicitor recuse themselves from participating in the hearing or adjudication of CV’s application and instead, appoint an independent hearing officer to preside over and adjudicate CV’s application.”

For his part, Jonas said he was fine with a continuance of the hearing to allow time to consider the petition of recusal and to research the law. But he also called Kaplin’s implication of collusion “groundless.”

He tried contacting Kaplin, Jonas said, and it was Kaplin who denied communication.

Kaplin’s claims, Jonas said are “factually inaccurate and nothing more than a stunt.”

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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Mixed Media: Play and creativity

Mixed Media: Play and creativity

The surrealists of the 20th century gained a reputation for inventing quirky art games. Surrealism, as a genre, is an exercise in the absurd; turn everything on its head and laugh, or grimace at the futility of it all. It is from this dark sensibility that games such as Exquisite Corpse (nee “cadavre exquis”) arrived. It’s hard to escape even the most elementary art course without having participated in a game of Exquisite Corpse. The intention is to draw an image, fold the paper over, and then pass it along to the next contributor, who will add on to the composition without seeing the drawing to which they are adding. It’s a collective effort that usually results in disjointed final product.

A game that I like to play, that has its roots in Exquisite Corpse, is the much more playfully named, “Doodle Monster.” I introduced it to my students, when I used to teach. The premise of this game is to create one stroke, however geometric or swirly, and pass it to the next person who is tasked with transforming the stroke into a figurative image. Obviously a hit with children whose untethered imaginations yearn for any outlet  to express their energy, this game was equally as obviously terrifying for adults. Artists have used this ice breaker to bat away the lingering white canvas which is the most terrifying obstacle.

Work of Ken Mabrey on exhibit at Fit Fitness in Wilmington

Ken Mabrey, who will be showing at Fit Fitness in Wilmington through Blue Streak Gallery, employs a similar energy in the creation of his paintings. In his artist statement with Philadelphia based Seraphin Gallery, he describes the process,My work is conceived from an automatic painting method in which I mark the canvas, the page, or the litho-stone at random. These markings stimulate my imagination into visualizing abstractions of a locale or a figure. The process then becomes a problem-solving situation.”

Mabrey’s paintings play with the passage of time through visual repetition in a way that evokes artists of the Futurist movement. Duchamps’ “Nude Descending a Staircase No. 2” comes to mind. His colorful palette and curved and vibrant figures add to the bacchanalia vibes in his paintings. Mabrey primarily exhibits in Wilmington and Philadelphia. He has exhibited at Borowsky Gallery, Fleisher Art Memorial, Delaware Art Museum, and Delaware Contemporary. Join Blue Streak Gallery for an Opening Reception for Ken Mabrey’s Show, “Aloha Isabell! Oh Canada  Jitterbug  Ice and Other Dancers The Violin and Other Saws.” Reception will be held at Fit Fitness on Friday, February 2nd from 5 to 7 p.m. The Show will continue until the end of March.  Fit Fitness is located at 62 Rockford Rd. in Wilmington.

Blue Streak Gallery will also be hosting an opening reception for their on site exhibition, “Breakfast Club” featuring artists Glenn Blue, Allen Gladwell Carter Sr, Neil Carter, Rob Evans, George Martz, Terrence Roberts, Gus Sermas and Shaun Stipick. This exhibition is the first group show of this informal association of Greater Brandywine Valley artists. Exhibition runs through February 28th.

While you’re south of the PA border in Delaware, check out the Wine and Cheese Reception at Station Gallery in Greenville from 5 to 8 p.m. for their group show featuring artists Marlene Dubin, Elaine Lisle, and Mary Ann Weselyk. Until next week!

 

 

About Caroline Roosevelt

Caroline​ ​Roosevelt​ ​is​ ​a​ ​writer​ ​and​ ​artist​ ​based​ ​in​ ​Kennett​ ​Square,​ ​PA.​ ​She​ ​received​ ​her​ ​B.A.​ ​in Art​ ​History​ ​from​ ​Connecticut​ ​College​ ​and​ ​a​ ​Post​ ​Baccalaureate​ ​certificate​ ​from​ ​Pennsylvania Academy​ ​of​ ​Fine​ ​Arts.​ ​She​ ​has​ ​previously​ ​written​ ​art​ ​coverage​ ​in​ ​Seattle,​ ​WA​ ​and​ ​Philadelphia, PA.​ ​She​ ​currently​ ​co-hosts​ ​Art​ ​Watch​ ​radio​ ​on​ ​1520​ ​WCHE.

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BRM frolicking in Weymouth art

The Way Back, 1963, tempera on panel, 44 3/4 x 34 3/4” McCoy duPont Weymouth. © George A. Weymouth

The Brandywine River Museum of Art has assembled a comprehensive collection of “Frolic” Weymouth’s paintings and artwork in its newest exhibit which runs now through June 3.

The artwork by George A. “Frolic” Weymouth, noted conservationist, horseman and artist in southern Chester County who died in 2016, spans decades and includes portraits as well as landscapes featuring his beloved Chadds Ford.

“This exhibit gives a full sense of his work,” said the museum’s Audrey Lewis, who helped coordinate and install “The Way Back: The Paintings of George A. Weymouth.”

The exhibit is curated by guest curator Joseph J. Rishel, curator emeritus of the Philadelphia Museum of Art. It displays a breadth of paintings and sketches from Weymouth’s earliest images to his last sketch, completed the year he died.

Weymouth was one of the founders of and the longtime chairman of the Brandywine Conservancy & Museum of Art, whose art career had its roots in his childhood.

George A. ‘Frolic’ Weymouth, conservationist, horseman and artist died in 2016. The exhibit of his art is on display at the Brandywine River Museum of Art through June 3.

According to a press release, Weymouth “extended and burnished what is known as the Brandywine School of artists through his moody, detailed landscapes, and also made insightful portraits of family and friends that reveal both the appearance and psychology of his subjects.”

Many of the pieces show how Weymouth was influenced by his friend, Andrew Wyeth.

“He was the one who recommended Frolic take up tempera,” Lewis said.

The earliest work on display is a 1948 oil painting titled “Chicken Fight,” completed when the artist was 12.

“It has this spontaneity,” Lewis said. The painting was gifted to the museum by Weymouth’s son McCoy (“Mac”) in 2017.

Weymouth’s portrait style was influenced by the people he saw, according to Lewis. On display are paintings and accompanying pencil sketches of Eugene Eleuthere du Pont, portraits of former-Gov. William W. Scranton and Henry Belin du Pont Jr. and the Earl of Westmorland, among others.

A 2011 portrait titled “Melanie in Repose” features one of his favorite dogs on a settee.

“The portrait style here is the same as it was for his friends,” Lewis said.

Both the portraits and the landscapes capture emotions through the brushes of watercolor or egg tempera.

A portrait titled “Gathering Storm” features Ethel Roach, the Weymouth family housekeeper and a frequent subject of Weymouth’s, gazing out a window. It was painted in 1964 when the civil rights movement in the country was in its early stages. One is left to wonder whether the portrait’s title refers to the storm outside or to the fight for civil rights throughout the country.

Gathering Storm, 1964, tempera on panel, 23 ¾ x 22”Patricia W. Hobbs. © George A. Weymouth

“This is a fantastic drawing,” Lewis said of the accompanying pencil-on-paper “Study for Gathering Storm.” “You can see how he transformed her.”

According to the informational panel for the portrait and sketch, “The drawing seen nearby, one of numerous studies for the image, reflects Weymouth’s working process as he experimented with slight variations in the sitter’s folded arms, face and gaze.”

His landscapes evoke the different seasons and emotions, especially the ones showing winter and storms, which Lewis said were his favorites.

The 2004 tempera-on-panel piece titled “Storm” shows a lone plant against a storm-darkened sky, evoking the drama of the scene, Lewis said.

“Weymouth reveled in every aspect of storms, finding excitement in the light effects before, during, and afterward,” according to the information panel next to the landscape.

Another landscape, the 2010 tempera-on-panel “Rogue Wave,” captures the blowing snow against a barn.

Weymouth’s last tempera, “Swelter,” features the sun beating down on a field. “You really feel the sun and that overwhelming heat,” Lewis said. “The sun and tree together really create a sense of movement.”

If You Go

What: “The Way Back: The Paintings of George A. Weymouth”
When: Now through June 3
Time: The museum is open daily 9:30 a.m. to 5 p.m. except for Christmas and Thanksgiving days.
Cost: $18 for adults; $15 for seniors (65-plus); $6 for students and children 6-plus; and free for children under 5 and museum members.
More information: 610-388-2700
On the Web: brandywinemuseum.org

About Monica Fragale

Monica Thompson Fragale is a freelance reporter who spent her life dreaming of being in the newspaper business. That dream came true after college when she started working at The Kennett Paper and, years later The Reporter newspaper in Lansdale and other dailies. She turned to non-profit work after her first daughter was born and spent the next 13 years in that field. But while you can take the girl out of journalism, you can’t take journalism out of the girl. Offers to freelance sparked the writing bug again started her fingers happily tapping away on the keyboard. Monica lives with her husband and two children in Kennett Square.

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Police Log Jan. 31: Thefts, accidents, DUIs

Pennsylvania State Police

• Identities were not released, but state police from the Media barracks said two 22-year-olds, a man and a woman, both from Oxford, stole more than$1,700 from the Target store in Concord Township.

• In a separate theft investigation at Target, state police discovered an employee had stolen baby formula and toys from the store.

• Police identified the victim of a fatal car crash in East Marlborough as Juan José Manuel Clemente. A report said Clemente, 31, struck a tree on Longview Lane at 12:23 a.m. on Jan. 27.

• State police from the Media barracks said harassment charges were filed against a 19-year-old male after he allegedly bothered and annoyed a female supervisor repeatedly over a period of months. According to the report, the accused constantly yelled in her direction and failed to obey any and all commands.

• Police said Timothy P. Yancy, 33, of Newark, was cited following a two-car accident on Route 202 in Concord Township on Jan. 9. According to the report, Yancy was driving north in the right lane of Route 202 approaching Cornerstone Road, but made an improper lane change and sideswiped a vehicle in the left lane. Both cars were towed from the scene but neither driver was injured, police said.

• On Jan. 20, between 2:45 and 3 p.m., someone broke into a Jeep Grand Cherokee at the Newlin Grist Mill and stole a purse containing three credit cards from under the driver’s seat. Police reported no fraudulent activity with the cards.

• State police from the Avondale barracks said an individual who was driving under the influence on Route 1 near North Mill Road in Kennett Township was taken to Jennersville Hospital for injuries. Police did not identify the person or provide details of the crash. The accident happened 5:14 p.m. on Jan. 17.

• Kristin A. Busch, 29, of Coatesville was reportedly injured and cited after a one-car accident on Doe Run Road in West Marlborough Township on Jan. 24. State police said Busch was driving north on Doe Run shortly after noon when she lost control of the Honda Accord after negotiating a left-hand curve south of Dupont Road. The car went into a yaw spin, slid off the right side of the road and rolled over into a ditch before coming to rest on its roof. Police said she was not wearing her seatbelt and had to be taken to Brandywine Hospital for treatment of injuries.

• Police arrested an unidentified 59-year-old man from Kennett Square on DUI charges following a traffic stop on Route 1 and Fairville road in Pennsbury Township on Jan. 14.

• Police accused two people from Delaware — Mark Luis Catamusto, 42, and Britney Anne Friend, 30 — both of Newark, of ripping off an elderly couple from Pennsbury Township last November. The report said the suspects entered the victims’ home as contractors and stole multiple items. The victims are an 82-year-old man and a 73-year-old woman.

• A Concord Township woman was victimized when she received a bad check after providing countertop installation in East Marlborough Township, police said. According to a report, the victim received a check for almost $1,600 but was later notified by the bank that there was no checking account with that number. The incident happened Nov. 11.

About CFLive Staff

See Contributors Page https://chaddsfordlive.com/writers/

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