June 26, 2008 Issue                                       

©2007 The Chestnut Hill Local

Community meeting gets hot, decides naught
by Jennifer Katz

A heated and charged meeting of about 60 residents, Chestnut Hill Community Association board members and former board members on Monday, June 23 produced an abundance of criticism but no action. Former board members held the meeting to discuss questions of integrity surrounding the recent Chestnut Hill Community Association election.

“It stinks,” said former CHCA president George Spaeth of the election, “It was obviously manipulated. … The question now is, what do we do about it?”

Spaeth was referring to the purchase of 65 memberships with cash the night of the association’s annual meeting, the last day of the election. The membership represented a possible 130 votes or 25 percent of the 517 votes cast in the election. Both the number of memberships purchased and the fact that about half of the new members are from out-of-state raised eyebrows.

Further a series of events following the election fueled suspicion of foul play. Immediate past president Ron Recko requested to examine the ballots at which time he was informed that he would not be able to do so. In fact the ballots were not available, as they had not been placed in the CHCA offices per the association’s election procedures. Three written requests were sent to the judges of election by Recko, Ann Spaeth and Local editor Pete Mazzaccaro. And finally before any were notified of a decision the ballots were destroyed.

Casting further doubt on the election was that CHCA Vice President of Operations Dina Hitchcock was responsible for directing the judges of election not the keep the ballots in the CHCA offices and to destroy them. Hitchcock was running for reelection and was in fact the second highest vote getter.

“The biggest problem here is that the judges of election did not act independently,” Recko said at the meeting. “They took direction from someone (Hitchcock) running for the board.”

Many residents at the meeting agreed that there was an undeniable appearance of impropriety.

“There is the scent of dishonesty, of secrecy,” said 17-year resident Kate Cassidy, “If there was nothing to hide then why didn’t they just say ‘sure’ to the editor.”

Several board members appeared agitated with the discussion, accusing the election critics of being association detractors.

Former board member Tom Hemphill was asked by the meeting’s moderator, Ninth Ward Democratic Leader John O’Connell to give his perspective on the election. Hemphill, who ran this year but did not win a seat on the board, said his experience had been positive, but he was incredulous about suggestions that the election should be re-run or recalled.

“What the hell do we think we are going to accomplish tonight?” he asked.

As one resident rose from her seat, asking for a description of the timeline of events, Hemphill interrupted, “We all know the timeline,” to which many responded resoundingly “No, we don’t.”

After Ed Feldman, a former board member and organizer of the town meeting read an account of the election, some board members in attendance quibbled over whether or not election procedures had been followed properly.

Mark Keintz, CHCA board member and treasurer, who was recently made chair of the bylaws committee, read from a copy of the bylaws a clause stating that no one but the judges of election had the authority to validate ballots. Keintz argued that he read the clause to mean no one but the community manager and the judges of election had the authority to examine the ballots as well.

Ann Spaeth, who was responsible for typing up this year’s election procedures said past editions of the election procedures specified that the ballots should be available for review, but that in preparing this year’s copy of procedures she inadvertently omitted the clause while re-typing them.

Feldman read the clause as it was written in two pervious years worth of election procedures for 2007 and 2006 that state the ballots should be available for review.

“Have the ballots been held in the office for the last 50 years?” asked audience member and Rex Avenue resident Jim Maher. “And this year they weren’t. Something is wrong.”

Some of the residents came to the meeting hoping to force a new election.

“Given the taint of impropriety wouldn’t it be better to hold a new election,” said Jeanne Andrews of West Chestnut Hill Avenue.

Keintz said that as far as he has been able to ascertain there is no provision for a new election. He suggested, however, other remedies such as geographic limits and a registration deadline, calling them “structural issues that can be addressed.”

Carole Michaels, a 30-year resident, supported the idea of geographical limits.

“We should consider what and who is the electorate,” she said. “This is Chestnut Hill, not Abington, not North Philadelphia.”

Former board member and outspoken critic of the CHCA, Jim Foster, said the founders of the association intended for those in adjacent neighborhoods to have a say.

While the election was at the forefront of the meeting, other lingering issues also questioning the organization’s integrity were raised. George Filippi said people are “disgusted” with the CHCA referring not only to the election fracas, but also previous actions surrounding alleged impropriety with funds.

“Is this more important than disbanding the oversight committee and the misappropriation of funds?” he asked rhetorically.

Keintz, who was treasurer during the controversial Maxine Dornemann administration as well, admitted that there were “some dumb things done,” but claimed that Recko’s administration, which immediately proceeded Dornemann’s, brought transparency back to the board.

“As the current treasurer it will continue,” he said. “The budget and finance reports will be available online after the board approves them.”

O’Connell asked Mazzaccaro if the reports could be printed in the newspaper as was done in previous years. Mazzaccaro said after factoring in the cost of the space that it could be done if that’s what readers wanted.

However, Foster and Recko questioned the current administration’s commitment to transparency.

Foster, referring to a legal query filed by center city law firm Montgomery, McCracken, Walker and Rhoads on behalf of CHCA founder Lloyd Wells and several former and current board members, said there were ongoing concerns over CHCA financial management.

Recko added that the trustees of the Chestnut Hill Community Fund have yet to fulfill their obligation to the board since growing the fund to more than $1 million following the sale of 8431 Germantown Ave. a year and a half ago.

“We have yet to see from the trustees how the money is being managed,” Recko said.

According to the CHCA bylaws, the trustees serve at the pleasure of the board and they are required to present the fund’s financial statements to the board twice a year, said Foster.

Board member Pat Moran bolstered Keintz’s claim saying that he did not believe the reports were being withheld intentionally, but rather “inadvertently” pointing out that bookkeeper Sue Kowert had been hospitalized earlier in the year for several weeks.

Judy Morgan, who is Recko’s wife, served on the Budget and Finance committee last year. She said that not only did they never see a report on the fund but that they were told by Vardakis that the report would be available at the annual meeting, which also did not happen. Morgan also said that as an accountant herself, she does not see Kowert’s role and therefore her absence as preventative in creating the fund’s report.

Defending the board, member Ed Berg said he doubted that such financial malfeasance could thrive in such a small organization.

“There is so much scrutiny now, if something happened, it would be caught,” he said.

But for some the damage has been done.

“I am so disgusted,” said longtime CHCA volunteer and former Local contributor Mary Sue Welsh. “I did not vote in this election and I do not want to give money.”

For Welsh one of the main reasons she lost faith in the CHCA was the 401(k) debacle last year, where the association announced it would no longer contribute to the staff retirement plan.

In defense of the CHCA, board member Tom Fleming, who wore black and read western attire including a cowboy hat and dark sunglasses, said the 401(k) was not paid because the Local did not make enough money to cover the contribution. Fleming said his get-up was to poke fun at the meeting because it was he said “a joke.”

While Fleming’s colorful outfit did not seem to detract from the meeting’s purpose, it did draw one of the lightest moments. During a heated exchange, Ed Feldman asked Fleming if he would like to meet him at high noon.

But defenses by board members did not seem to sway those in attendance. Filippi echoed Welsh’s sentiments saying that until the CHCA cleans its house, he will not support it.

“An independent audit is the only way,” he said. “Until that happens I will not have any confidence in the organization.”

Curt Pontz, a Mt. Airy resident, spoke up at the meeting in hopes of providing an outsider’s perspective.

“Objectively, there is no way that this group of people is going to solve the problems,” he said. “There are legal and moral issues and I urge you to do what smart people do, go to an independent, unbiased person to help you work through this abdominal mess. Too many people have a direct interest in the outcome, or have a bias, or just can’t see the forest for the trees.”

After Pontz’s comments, Rojean Mitinger, wife of board member Ned Mitinger, stood up and unwittingly reinforced his sentiments by dismissing the group’s concerns about the election.

“What’s so unfortunate is that some of the people are so critical they don’t see one positive thing the CHCA has done for the community,” she said. “And now we have all these young people (referring to several new board members) with ideas. We should let them move forward.”

Without any resolution the meeting ended at 9 p.m. with many shaking their heads to the sounds of Feldman decrying conspiracy theories including one plot he alleged to fire Mazzaccaro from his post as editor of the Local (a charge several board members denied afterwards). Foster did take the opportunity to pass out a petition “to rescind authority” of the CHCA as the legal and functioning representative for the community where it has standing with the city of Philadelphia. Specifically Foster’s petition seeks to stop the Zoning Hearing Board’s recognition of the CHCA as the community’s voice in zoning matters.

Feldman had a petition of his own calling for a new election and the resignation of Hitchcock.