Political Split Marks Fractious U. Pottsgrove Meeting

Photo by Evan Brandt

WELCOME CHIEF: In one of the non-fraught moments of last night's politically charged commissioners meeting, James Fisher was sworn in as Upper Pottsgrove's new police chief

If you ever wanted a primer on local politics in action, Monday night's Upper Pottsgrove Commissioners meeting could have taught you most of what you would want to know.

Any number of major issues on which the commissioners must decide, the vote was divided 3-2, with commissioners Elwood Taylor and Martin Schreiber representing the minority, and Chairman Trace Slinkerd, Vice Chairman France Krazalkovich and Commissioner Renee Spaide representing the majority.

Whether it was the potential sale of the sewer system, a new fire services agreement, removing Schreiber from the civil service commission or removing Taylor from the planning commission, the divisions were clear.

Sewer Sale

On the subject of the potential sale of the township sewer system, Schreiber pressed for updates was told by Slinkerd "the same as last time."

When Schreiber asked about legal costs for investigating the sewer issue, he voted against paying the bills saying they should be paid out of the general fund, not the sewer fund, since the whole township will benefit from the sale of the system.

Schreiber then motioned for the commissioners to commit to two public meetings during which the sewers would be discussed before a vote.

Slinkerd opposed it, saying the information from the consultant should be obtained first. "Otherwise we're flying blind here," he said.

"It is a big decision about a complex issue people are not necessarily familiar with. It will take a lot of education," and the board should extend public involvement, said Taylor, "not just a slide show."

On this, Krazalkovich voted with Taylor and Schreiber saying he hoped the motion was not being done in an effort to "create obstacles."

Krazalkovich indicated the commissioners regularly scheduled meetings would suffice as public meetings to inform the public about a multi-million-dollar sale of its sewer system, thus it seems a special town-wide single-subject meetings like the one for the failed effort to build a $2 million new highway garage would not be scheduled.

But perhaps the fact that the sale of the sewer system has become a subject of posts on a Facebook page Taylor, running as a Democrat, has set up for his reelection effort spurred the public's interest.

Cathy Paretti, a Republican candidate for commissioner, said "we have millions in debt, underfunded pensions, it will take time and drastic measures to correct all this," putting her in apparent agreement with Slinkerd, who himself raised these points in his comments last night, as he has before.

"I don't know why we are having a hard time letting an independent contractor take over the sewer system. If we do not sell the sewer system, we will have to borrow more money to hook up failing systems," said Spaide, reading from a prepared statement.

Complimented afterward on her remarks, Spaide was overheard to say she was motivated by "money being flushed down the toilet," an image Taylor used in one of his posts.

New Fire Services Agreement

The memorandum of understanding that governed the relationship between the township and Upper Pottsgrove Fire Company No. 1 for 13 years was replaced Monday night by the same 3-2 vote margin.

The issue has been discussed for months, with discussion stalled, according to Krazalkovich, by the failure of the fire services committee to meet to go over it. When they did, they raised only one objection and Krazalkovich changed the agreement to accommodate them.

But Schreiber, who resigned as the president of the fire company in the wake of the township commissioners' adoption last month of a resolution barring township commissioners from serving on other boards or commissions that receive funding from the township, said the fire company itself did not get the final draft until Monday morning.

The final draft was merely the merging of the two drafts the fire company has had for months, said Krazalkovich who, with the adoption of the new agreement also resigned from the fire services committee.

The Main Event

The aforementioned resolution resulting in all the resignations goes by the unpretentious designation of "Resolution 703."

What its unremarkable title belies is the sea change in power dynamics in the township that it represents. It requires all township commissioners to step down as a board member from any township organization or community that receives funding from the township.

In a legal opinion provided to the board in apparent anticipation of the conflict to come, Township Solicitor Charles D. Garner Jr. wrote that the resolution itself does not have the legal authority to remove members who refuse to resign -- as is the case with Taylor from the planning commission, or Schreiber from the civil service commission.

However, in both cases, the resolution does provide the basis for their removal. In Schreiber's case, by simple vote because "the power to appoint is also the power to remove."

In Taylor's case, the law gets in the way of this exercise of power, Garner wrote. The same law which specifically permits township commissioners to serve on planning commissions, also provides the methodology for the removal of a planning commission member.

For 12 years, as Slinkerd outlined it, Elwood Taylor was not only the president of the board of commissioners, but the chairman of the planning commission as well.

"It's too much," said Slinkerd. 

"You are the one who is making it personal," Slinkerd said, moving on to make a personal insult. "The planning commission will not fall on its face without you. Your ego is getting out of control here Elwood."

Krazalkovich tried to play the role of peacemaker, pointing out to Schreiber that he had previously expressed reservations about commissioners wearing too many hats. He told Taylor that he did not question his ethics and they always treated each other with respect. 

He urged both to choose what they had done in other venues, Schreiber resigning from the fire company and Taylor from the board of Green Allies, which runs the Althouse Arboretum and receives annual funding from the township.

Schreiber Was Removed First

Both refused, with Schreiber pointing out that his term on the civil service commission ends in three months "and if you don't want me to serve there, don't re-appoint me."

Taylor said he was particularly worried about the precedent being set with the civil service commission, which oversees police hiring and whose members serve for six-year terms, meaning they see at least two elections during which new township commissioners may be elected.

"It brings to mind the appearance of undue influence, the very thing you say you are trying to prevent," said Taylor. "If people can be vacated at will from a 6-year term when a new board is elected, there will be no more independence from the board of commissioners."

When the legal precedent has been set "that any member of any board can be terminated at any point in time for any reason is very dangerous. The danger is when commissioners have too much power, not members of other boards," said Taylor.

Already, noted Taylor, there has been a break from precedent in the hiring that night of the new police chief.

"It was a much more limited search than we've done in the past and the president insisted on interviewing all the candidates alone, prior to other board members. It certainly has the appearance of undue influence," said Taylor. "What was said? What was promised?"

Slinkerd pointed out Taylor had been given the opportunity to interview the chief candidates and chose not to. "This is about reducing commissioner influence," said Slinkerd.

With Schreiber abstaining, not doubt to avoid the appearance of undue influence on a matter that affected him, the board voted 3-1-1 to remove him from the civil service commission.

Taylor's Removal Will Take More Time

As Garner outlined in his letter, removing Taylor, or anybody, from the planning commission can occur by a majority of the board of commissioners, due to "malfeasance, misfeasance or non-feasance in office, or for other just cause," according to the statute.

In this case, Taylor's refusal to comply with Resolution 703 provides the "just cause" for his removal, Garner wrote.

The law requires that he be given 15 days advanced notice "of the intent to take such a vote," which is what happened last night.

The same law also allows for a hearing and, at Taylor's request, it can be held in public. However, the law does not outline before whom that hearing will be held so, as it turns out, Garner said it will be held in front of the very same board that just voted to remove him.

Further, because the matter concerns him, Taylor will not be as member of the board for the purposes of the hearing, said Garner. If Taylor does not like the result of the hearing, a likely result, the next step is to take it to the Court of Common Pleas, said Garner, an occurrence of which he could find no prior incident. 

"We're on new ground here," Garner told the board.

In more ways than one, said Taylor. He carefully questioned Garner about the legalities and Garner assured him that until the final vote, Taylor is still a member of the planning commission and its chairman.

So Slinkerd's decision to cancel an upcoming planning commission meeting, without consulting Taylor or seeking his consent, certainly smacks of Slinkerd exercising "undue influence" outside his authority, Taylor argued. Just as Slinkerd had declared last month's vote on Resolution 703 to have "created vacancies" on the planning commission and civil service commission, an assertion Garner confirmed as not correct.

"We didn't want to put the planning commission in the middle of this," said Slinkerd. He noted that should Taylor exercise his prerogative to call a planning commission meeting, "the president and the vice president control the administrative staff."

Without any apparent irony, Taylor defended his record of holding both posts by responding to Slinkerd that "I do not think consolidation of power in two or three individuals is a good idea."

Open Space Committee Chairman Dennis Elliott said when held both the president's position and the planning commission chairmanship, "it was the appearance of total control. We live by system of checks and balances. If you are in charge of all these agencies, not getting fresh viewpoints."

Taylor said he never bullied, coerced or "threatened to throw them off the board" during his tenure, nor did he withhold information "as been done with me for the last several months. I get the feeling I am just supposed to show up and nod my head."

He told Elliott he led by consensus, not fiat. "I never had power to dictate or command, but power to bring consensus. I did not have power to coerce, but the power to convince."

Taylor's rhetoric changed little, with the board voting by the same 3-2 split to begin the process of his removal from the planning commission.

And now, if you're still with me and you want the blow by blow, check out the Tweets from the meeting below.

'We're on New Ground Here'