Ann Feldman is engaging in a no-holds-barred fight to stop the construction of any homes on Downingtown Borough’s Kardon property. She worries that the glimpse of new homes through the woods across the ponds behind her own home will reduce her property values. In an effort to mask her selfishness, she claims to be the defender of open space, property rights and pretty much everything else that is apple pie and American.
Failing to have any valid or fact-supported argument relevant to the Kardon Ponds development, Ms. Feldman and her pro-bono attorney Sam Stretton are now challenging the integrity of East Caln supervisor Joel Swisher and Former Borough Council member Tony Madiro. Feldman and Stretton are claiming that because these men are volunteer members and former officers of the Minquas Fire Company and Ambulence Corps they somehow have a conflict of interest in voting for the project. The conflict, she alleges, stems from the fact that some of the sales proceeds from the new development may be used partially for the construction of a new fire company for the benefit of the public.
Never mind that the new fire station will be better situated to reduce response time for emergency calls. Forget the fact that the current station is not big enough to properly house the fire trucks. And ignore the fact that the volunteer fire department serves the entire community just a small group of individuals. And conveniently overlook the fact that a new Molly Maguires restaurant will move into the vacated fire house building right on Main Street, giving a boost to Downingtown.
This is beyond the pot calling the kettle black – it is a slap in the face to citizen volunteers all across America This accusation is wrong on so many levels. First, “conflict of interest,” according to case law, is “the use by a public official of the authority of his office for the private pecuniary benefit of himself, a member of his immediate family, or a business with which he or a member of his immediate family is associated.” Mr. Swisher receives no money or other item of value for his service either as a supervisor or as a member of the fire company – other than satisfaction of serving his community. The same holds true for Mr. Madiro who was sadly defeated by 11 votes in the last election to Ms. Feldman.
But wait – does Ms. Feldman feel that the construction of those multi-family homes will devalue her waterfront property with its current view of Kardon’s open space? She now sits on the Downingtown Council herself. While she is prohibited by law from engaging in any activities relating to the Friends of Kardon Park lawsuit pending in Orphans Court, she freely engages in activities concerning the land, from walking trail placement to mowing issues. Read that definition of conflict of interest again. Aren’t Ms. Feldman’s activities a clear conflict of interest?
If one takes Ms. Feldman’s attack on Mr. Swisher and Mr. Madiro to its logical conclusion, she and her attorney are saying that citizen volunteers are investing their unpaid time for some personal gain. Small municipalities all across America rely on people like these men who believe that citizenship comes with a responsibility to serve one’s community. Large cities are going bankrupt trying to sustain paid fire departments and bloated bureaucracies while towns like Downingtown are staying solvent relying on those volunteer citizens who feel it is important to invest their time, with no more return than the satisfaction of seeing to it that their communities are safe and well managed. Folks like these often serve in more than one volunteer post. If they faced being attacked in court by the likes of Ms. Feldman, planning boards, fire companies, United Funds, Chambers of Commerce, scouting groups, and all the other organization that rely volunteers willing to spend endless hours would suffer.
Ann Feldman is the text book definition of a "NIMBY," which stands for "not in my backyard." She is grasping at straws with her conflict of interest argument. Straws are all she has left in this fight. She needs to look in the mirror before she accuses people who are keeping our community going of dishonesty in their motives.
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