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Article published August 18, 2010
Clash occurs over policy with solicitor Question on building rules stirs up issue
SEVEN FIELDS — Mayor Ed Bayne expressed his frustration last week with council regarding its policy on his interaction with the borough's solicitor. Bayne said Aug. 9 that he approached solicitor Doug Weinrich with a question recently but was directed to first consult borough manager Tom Smith and to send his question through Smith. Bayne asked the question on behalf of a resident who was curious about a policy regarding sheds or other permanent structures on private property. The answer to that question, which Bayne said he didn't receive in a timely manner, is that the borough has no ordinance banning sheds or other permanent structures on private property, but that various homeowners associations across the borough do have such laws. After lamenting his lack of access to the solicitor, Bayne said it was unacceptable that he had to consult Smith before asking the solicitor a routine question on behalf of a constituent. "I shouldn't have to run through the council or the borough manager to go to the solicitor with a question about something I may or may not disagree with," Bayne said. Bayne also said he felt council was "filtering" him and again asked council to clarify its position on the matter. Councilman Bob Messina bluntly and loudly responded that Bayne must go to Smith with any questions. "That's not acceptable to me," Bayne said. Council President Jack Oakley said the policy of first consulting Smith applies to council too, not just the mayor. He also called that policy decision "fiscally prudent" because of the fact that it costs the borough money any time Weinrich is asked to research or respond to a question. Oakley said it makes more sense to first contact Smith, who can either answer the question himself or hold the question for Weinrich until council's monthly meeting, when the solicitor is already on the clock for the borough anyway. Regardless, Smith said he didn't mean to create any ill will between council and the mayor and said he hopes Bayne doesn't resent the fact that he has to go through Smith to get questions answered. "I don't try to be a roadblock to anything this council wants to do," Smith said. "We've always had the ability to agree and disagree and to make the decisions for the best of the community. There's nothing wrong with healthy debate until it turns personal." Bayne said he also disagrees with council's decision not to pursue an ordinance that would prohibit residents from building sheds or other permanent structures like an above-ground swimming pool. While homeowners associations across Seven Fields have those rules in place, Seven Fields has limited resources to go after a resident who disobeys a homeowner's covenant. Smith said, at best, the borough could send out its building inspector, who could determine if a shed or other permanent structure is in violation of the borough's property maintenance code. While the options are better than nothing, Smith said the borough's response to such a situation is limited because it has no specific ordinance on the books. Bayne said he thinks council should enact its own ordinance, but that idea was shot down after a motion to hold a public hearing never came to a vote Aug. 9.
