UPDATED OCT. 2: According to attorney Adam Matlawski, representing Delaware County on this issue, the county has not joined in the filing of the petition however is a party to the petition due to the three-way stipulation agreement.
"(The county's) understanding (of the stipulation agreement) is that the borough would make the repairs to the roadway," Matlawski said. "Our understanding was that it was to be two-way but as of now the county doesn't have a formal position on it."
Matlawski said because of the stipulation agreement however the county will attend any hearings regarding the contempt of court filing and wants to see the repairs made to the roadway.
Broomall's Lake Country Club filed a contempt of court petition, which includes Delaware County, Friday against Media Borough regarding the 3rd Street Project.
According to the petition for contempt and enforcement of a court order, , violates the May 2011 three-way stipulation agreement between the borough, the county and BLCC.
The petition requests that the borough stop proceeding with the one-lane, one-way design plans and comply with the stipulation agreement.
According to the May 2011 stipulation agreement (see attached PDF), the borough must, "re-establish the West Third Street roadway across the dam as an open thoroughfare for vehicular and pedestrian traffic."
The word "re-establish" has been a point of disagreement recently regarding the project.
Media Borough Council President Brian Hall, who was not on borough council when the stipulation agreement was passed, said at the September Council meeting that the stipulation agreement does not state how many lanes of traffic the roadway must be or if it should be one or two way.
"...Re-establish does not mean that things go back the same way," Hall said at the September meeting. "It just means that you bring something into being again."
The petition states that the borough has, "failed to use due diligence in proceeding to design, engineer, repair and improve the dam" and has "failed to use due diligence in proceeding to re-establish the West Third Street roadway across the dam as an open thoroughfare for vehicular and pedestrian traffic."
The petition goes on to say that Media Borough Council's intention to "limit vehicular access one way across the dam is contrary to the stipulation and order" and prior to the roadway being closed, "a period of over 100 years the roadway across the dam accommodated two-way vehicular traffic."
According to the petition (see attached PDF), "re-establish" is to restore the roadway to its former position and Media Borough Council is in violation of the stipulation order.
Attorney Eugene Bonner, representing BLCC, said Friday that the stipulation order was put in place in May 2011 and borough council continues to delay the project after the already 16 years of delays prior to the stipulation agreement.
"They have had money from the state for years (to construct the project)," Bonner said. "They secured the funding to have it done."
Bonner said the contempt petition was filed Friday and Media Borough Council will respond through its lawyers and it will go before a judge to determine if in fact Media Borough Council is in violation of the court order.