.

3rd St. Project Contempt of Court Order Filed Against Borough

Broomall's Lake Country Club filed a contempt of court petition against Media Borough regarding the 3rd Street Project.

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.

Chickadee September 30, 2012 at 03:25 PM
Just who is delaying the project? Looks like BLCC to me.
Pam September 30, 2012 at 04:27 PM
Shame on Media Borough Council. It should definitely be a two-way road, as before, to allow easy flow in and out of the borough so the businesses can flourish. "Everybody's Home Town".....we'll see.....
Jim Beam October 01, 2012 at 05:15 AM
BLCC has a lot of nerve to not only get their lake dredged at an estimated cost of 1 million dollars but to get a new dam for their private club at taxpayer expense. Now they have the balls to ask for a two way road. It would be great if the whole thing fell apart because of their self centered greed.
Andrea October 01, 2012 at 04:28 PM
Pam, your comment made me wonder: Are businesses not flourishing now because the dam/road is out of operation? The whole discussion regarding traffic around this area has been contradictory. On the one hand, proponents of a two-way, full-access road say that this bridge is vital to businesses and ease of passage in and out of Media. But at the same time, they often say that there won't be a high volume of traffic, and that the residents who live in the vicinity of the bridge should not be so concerned. I'm sorry, but you can't have it both ways: if the traffic would be so very vital to the health of Media businesses, then there must be an awful lot of anticipated usage of the road, and this would be a cause for great concern for those who live in the area of the bridge. If the traffic won't be so great, it seems to me the businesses can cope with a one-way bridge. And I agree, BLCC is putting the project at risk by taking this action. They got a sweet deal, it's a shame that they aren't willing to be a good neighbor to those living next door to them and be willing to compromise in the slightest.
KMC October 01, 2012 at 04:48 PM
Maybe BLCC does not want to be bullied anymore by a council member wjho lives right across the street from the bridge. There was an agreement in place that all three parties signed off in last year. But now that there is a member on council who may have his property value affected by reopening the road, all of a sudden BLCC is holding things up??? I'm sorry, but the people living on that street bought their houses knowing full well the road could eventually reopen. Let's get it done and stop wasting my money!
Paul Indorf October 02, 2012 at 01:15 AM
This looks like a swim club press release that Patch was gullible enough to publish unedited and unquestioned. Once a gain, garbage journalism here on Media Patch
Courtney Elko (Editor) October 02, 2012 at 01:24 PM
Just to clarify, this story was not a press release and when we print press releases we mention it is a release and say who provided it, in the article. Thanks.

Boards

More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something