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Tuesday, May 5, 2009

Above the Law II

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In our last blog we eluded to the not so fortunate and to the aging who live on meager pensions and Social Security and how it hardly seemed fair when people who are politicians make decisions that often times have a financial impact on their respective taxpayers and rate payers but especially those referenced above and in this economy are hard hit.

In 2004 two minority (meaning they joined 2 other Trappe Council Members representing a majority) were appointed to CTMA and CTJPW. During their tenure they noticed that meeting related documents (agenda, financial reports including bills to be paid, etc.) were distributed just prior to the start of the regularly scheduled public meetings when it is common practice and common sense to provide these documents to the members of such a committee 5 business days prior to such a meeting. This allows a timely and in depth review unless of course you don't want anyone to scrutinize what is going on.

When the two new Trappe representatives requested that the documents be distributed earlier so they could review them prior to voting Mr. Ernest Schmidt replied "that is not how we do things around here". Mr. Matt Watson was the third member of both CTMA and Trappe (and is a current Trappe Councilman running for re-election this year) and voiced that it was not necessary to change this practice.

This whole situation stems from the formation of the Collegeville Trappe Joint Public Works Department (CTJPW) in 1992, which was supposed to spell the end for the joint municipal authority, according to the agreement of 1990. However, more than 15 years later, the Collegeville Trappe Municipal Authority still exists. Why? No one from either Trappe or Collegeville has or can give a valid reason.

In the middle of this is Ernest (Ernie to Terrie Stagliano) Schmidt, a former resident of Trappe who moved to Lower Fredrick more than five years ago (at the time) and served on CTMA since its creation as a municipal authority in 1968. Mr. Schmidt represented Trappe on the regional sewer authority until he was not reappointed by the Trappe Council in January 2006 citing he was not a resident of Trappe Borough. State law requires that a person maintain their primary residence in the borough or township that they serve.

As the Treasurer of the Public Works Department, a part-time position that paid him $32,000 a year (working an estimated ten (10) hours a week but this cannot be confirmed as time records are not kept for the employees of CTJPW) after he refused to resign after Trappe Borough Council cited he was a non-resident. Andrew Cantor, Solicitor for Collegeville Borough, CTMA, and CTJPW stated that if Schmidt was appointed to the CTMA as a resident of Trappe, then he can serve out his five-year term even though he moved out of the borough during that term. Trappe disagreed and had their solicitor challenge it through the offices of the Montgomery County District Attorney and State Attorney General.

In all correspondence directed to Collegeville from Trappe, Trappe pointed out that Mr. Schmidt could not legally serve as chairman of the Lower Perkiomen Valley Regional Sewer Authority (which had just started a $60 million plus capacity expansion and has led to a nearly 67% increase in the sewer bills for Lower Providence, Upper Providence, Trappe and Collegeville) because he was not a resident of Collegeville. Trappe provided to Collegeville a court deposition transcript in which Mr. Schmidt had given sworn testimony that he was a resident of Lower Frederick Township (where he is now a Supervisor and the former the Building Inspector). Mr. Schmidt refused to resign and had to be removed by then Montgomery County's District Attorney Bruce Castor (see letter above) in July 2006 as Trappe’s representative on the CTMA.

It took legal action (which cost the taxpayers) from the Trappe Borough Solicitor through The Montgomery County District Attorney, Mr. Bruce Castor cited state law that requires residency for Mr. Schmidt to represent either Trappe or Collegeville. Mr. Schmidt, with the encouragement and backing of Terrie Stagliano, refused to resign. Terrie Stagliano screamed at Trappe Officials telling them to leave Ernie alone as he is a "good man" and that she did not care if he couldn't serve legally.

Then Collegeville Borough Council under the direction of Terrie Stagliano not only attempted to appoint Ernie Schmidt as Collegeville's representative on the LPVRSA she also attempted to pay the legal bills for Mr. Schmidt out of the treasury of CTJPW but this effort was blocked by Trappe Representatives. Terrie Stagliano knew that appointing Mr. Schmidt and attempting to pay his legal bills was unethical and illegal but she moved forward anyway in another incident where she disregarded the law.

When council members from Trappe brought the 1990 agreement to the attention of the Collegeville Borough Council, the response was, "Where have you been for 15 years?" The 1990 agreement was in response to a lawsuit filed by Trappe against the CTMA years back. As a result, the joint public works department was formed to operate the sewer system. According to the agreement, the CTMA was supposed to cease operations when the joint public works system was formed. We have 2 entities (CTMA and CTJPW) operating the Sewer and nearly doubling the cost for this service. All so they can appear to being doing more than they really are.

In our next posting we will review the sweet contract Terrie Stagliano cooked up for the employees of CTJPW and CTMA.