Media ends move to rezone Broomall’s Lake CC property
MEDIA >> Council unanimously approved a motion to rescind a September 2017 proposed ordinance that would have rezoned the Broomall’s Lake Country Club property. The action came after a short executive session and a much longer amount of vigorous opposition during public comment.
Fourth Street residents Terry Rumsey and Robin Lasersohn addressed council, first with congratulations that a case filed by BLCC in federal court had been dismissed in late 2018. The club had charged the borough with civil rights violations, asserting delaying the overall project as well as planning to rezone club property from the R2 (residential) district to MERC (municipal, educational, recreation and community). The new zoning category would eliminate the club’s development rights.
Rumsey and Lasersohn outlined their objections, including that the settlement agreement was “a deal cut outside of public view;” a vote would be taken before “everyone had their say,” referring to residents; and that each council member did not state their position.
Council President Brian Hall closed the public forum after Rumsey and Lasersohn each had two opportunities to speak. The board, individually and collectively, would have discussion when the agenda item was raised, Hall said, clearly indicating council was poised to take action.
Hall reached the item in his report as Community Development Chair. He read from a statement prepared by Borough Solicitor Bob Scott with precise language. “The motion is to ratify the stipulation of settlement with Broomall Lake Country Club and to rescind council’s prior authorization of an ordinance rezoning the BLCC property and several others as MERC.”
The other properties referred to small, boroughowned parcels at Fifth and Broomall streets and Manchester Avenue (between State Street and Baltimore Avenue), both of which are used as public pocket parks.
Hall said council members had discussed the terms of the settlement agreement in executive session during the workshop meeting two weeks prior, and was in unanimous agreement.
“Broomall’s Lake will not file an appeal or take action in state court; will withdraw its application for zoning variances on its property; and the borough will withdraw the pending ordinance to rezone from R2 to MERC,” said Hall. “We agreed these were appropriate terms, and we don’t have to worry about further litigation.”
“As elected officials, we have a fiduciary responsibility to all the residents,
not just the vocal ones,” said Councilman Paul Robinson as board members had the opportunity for comment.
While Hall interjected the club had no proposal to develop, Councilwoman Lisa Johnson questioned whether
it could be developed “at some time.” Robinson noted the borough has a strict process for any development, should that ever occur.
Lisa Johnson also raised the question of whether the club had dropped its suit against the borough as well as council members individually charged in the case. That answer was affirmative. Johnson continued that
she believed a public forum should be held. Considering the complexities and long history of the matter, it was not unwarranted that Johnson stated some confusion.
Rumsey asked to be heard again, but Hall declined public comment during council’s deliberative business. Johnson, who indicated she still had questions, turned to Scott.
“I cannot answer certain questions providing legal opinions or respond to anything legal or privileged in an open meeting,” said Scott. This resulted in a 10-minute executive session.
When council returned, Councilman Peter Williamson asked the chair to call the question. The motion passed unanimously. Hall had a last word on the issue for the moment.
“One of the (club’s) charges was that borough council was slowing down progress on the project construction. It just isn’t true,” Hall said. “Borough council is not driving the bus. PennDOT is paying 80 percent of the project. We are
required to build the dam, and that’s what is being done.”
Rumsey returned to the microphone in the second (routine) opportunity for public comment. He asked which party initiated talks about the settlement agreement, and was borough’s action in response to “any threat.” Neither Hall nor Scott recalled that specific detail.
A subsequent conversation with a BLCC spokesperson suggested the motivation for a settlement agreement was mutual.
“The settlement was to avoid any more litigation. We’re happy to remove that,” said attorney Eugene
Bonner, who has represented the club throughout the years of proceedings. “The number one objective is that we want the dam restored and the lake returned. That’s our goal. We’ve suffered a lot of damages because of the delay.”
Poised to celebrate its 100th anniversary in 2020, the club was host to storied athletes such as Olympians Johnnie Weissmuller and Duke Kahanamoku. Portions of the original parcel became parkland and for the Hickory Hill community. Bonner implied that any thoughts of development paled in comparison to BLCC’s historic and community value.