Solicitors:

I was able to listen in on a portion of the OOR webinar this morning.  I'd be interested in any comments you have.  Here are my takeaways:

• OOR is taking a much more flexible position with respect to technical Sunshine and RTK requirements than I believe was the case earlier
• OOR advocates balancing these requirements against public safety concerns (referencing Title 35 the Governor's declarations), with the greatest deference to public safety
• Physical meetings are discouraged in favor of virtual meetings, using technological alternatives (Zoom, Skype, conference calls, etc.)
• OOR does not support automatic disregard of requirements, only doing our best to meet the spirit of both laws
• Some matters can be authorized and ratified after the fact, formal meetings can be postponed, contract extensions can be authorized, etc., all consistent with public safety
• While the rights of the citizens under Sunshine and RTK are important, so are the due process rights of the governmental entities and officials, and third parties
• Local discretion in making judgments on how to proceed in these extraordinary times should be respected.
• OOR disclaims providing legal advice or any formulaic approach, given the view that local discretion should the operative principle.

Again, I'd appreciate any thoughts that you have.

William W. Warren Jr.
PML Solicitor Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
william.warren@saul.com

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I heard that the Senate may have passed a variation of HB 1564 that needs to go back to the house do to the changes which were made. This is the legislation that would permit the unilateral continuance of land development hearings under the MPC among other things. If anyone has an Senate Bill No. for it, I would greatly appreciate it.

Keith​

Mooney
, Esquire
50 North Fifth Street, 2nd Floor
Reading
,
PA

19601
T: 610‑898‑7155 | x2248
|
C: 610-413-6004tel:610-413-6004
|
F: 610-376-5243fax:610-376-5243
Biohttp://www.barley.com/?t=3&A=7069&format=xml&p=6930
|
www.barley.comhttp://www.barley.com/
[cid:image001.jpg@01D60D9C.6A5198C0]

From: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org On Behalf Of Warren Jr., William W.
Sent: Thursday, April 2, 2020 11:15 AM
To: pmlsolicitors@lists.imla.org
Cc: jhess@mhck.com; rschuettler@pamunicipalleague.org
Subject: [Pmlsolicitors] OOR webinar on Thursday April 2

Solicitors:

I was able to listen in on a portion of the OOR webinar this morning. I'd be interested in any comments you have. Here are my takeaways:

• OOR is taking a much more flexible position with respect to technical Sunshine and RTK requirements than I believe was the case earlier
• OOR advocates balancing these requirements against public safety concerns (referencing Title 35 the Governor's declarations), with the greatest deference to public safety
• Physical meetings are discouraged in favor of virtual meetings, using technological alternatives (Zoom, Skype, conference calls, etc.)
• OOR does not support automatic disregard of requirements, only doing our best to meet the spirit of both laws
• Some matters can be authorized and ratified after the fact, formal meetings can be postponed, contract extensions can be authorized, etc., all consistent with public safety
• While the rights of the citizens under Sunshine and RTK are important, so are the due process rights of the governmental entities and officials, and third parties
• Local discretion in making judgments on how to proceed in these extraordinary times should be respected.
• OOR disclaims providing legal advice or any formulaic approach, given the view that local discretion should the operative principle.

Again, I'd appreciate any thoughts that you have.

William W. Warren Jr.
PML Solicitor Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
william.warren@saul.com

Sent from my iPad

"Saul Ewing Arnstein & Lehr LLP (saul.comhttp://saul.com) " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
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The Senate bill is SB 841, and passed 50-0 yesterday. The Dem. Cmte. summary is attached.

The bill is back to the Pa. House for concurrence. There was optimism that the process would wrap up yesterday, but as of this morning the Pa. House had yet to act.

Andrew D.H. Rau
Unruh Turner Burke & Frees
P.O. Box 515 | West Chester, PA  19381
P: 610.692.1371 | F: 484.653.2208
arau@utbf.commailto:arau@utbf.com | vCardhttp://www.utbf.com/vcffiles/vcadrd24.vcf
www.utbf.comhttp://www.utbf.com/ | Municipal Bloghttp://www.utbf.com/land-zoning/

From: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org On Behalf Of Mooney, Keith
Sent: Wednesday, April 8, 2020 11:54 AM
To: Warren Jr., William W. william.warren@saul.com; pmlsolicitors@lists.imla.org
Cc: jhess@mhck.com; rschuettler@pamunicipalleague.org
Subject: Re: [Pmlsolicitors] OOR webinar on Thursday April 2

I heard that the Senate may have passed a variation of HB 1564 that needs to go back to the house do to the changes which were made. This is the legislation that would permit the unilateral continuance of land development hearings under the MPC among other things. If anyone has an Senate Bill No. for it, I would greatly appreciate it.

Keith​

Mooney

, Esquire

50 North Fifth Street, 2nd Floor

Reading

,

PA

19601

T: 610‑898‑7155 | x2248

|

C: 610-413-6004tel:610-413-6004

|

F: 610-376-5243fax:610-376-5243

Biohttp://www.barley.com/?t=3&A=7069&format=xml&p=6930

|

www.barley.comhttp://www.barley.com/

[cid:image001.jpg@01D60D9E.F7CD9E90]

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Despite things being flexible and relaxed under the current circumstances,
has anyone seen anything official which eliminates the requirement for
having public comment at a public meeting, even if that meeting is a Zoom
meeting which the public can log into?

Andrea Stapleford

Andrea L. Stapleford, Esq.
Stapleford & Byham, LLC
600 Market St.
Warren, PA 16365
(814) 723-3445
(814) 723-7950 (fax)
asalawandrea@atlanticbb.net
 
This electronic message contains information from the law firm of Stapleford
& Byham, LLC . The contents are privileged and confidential and are intended
for the use of the intended addressee(s) only. If you are not an intended
addressee, note that any disclosure, copying, distribution, or use of the
contents of this message is prohibited. If you have received this e-mail in
error, please send a reply e-mail to the sender and delete the material from
any and all computers.  Unintended transmissions shall not constitute waiver
of confidentiality, the attorney-client privilege or any other privilege.

-----Original Message-----
From: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org On Behalf Of
Warren Jr., William W.
Sent: Thursday, April 2, 2020 11:15 AM
To: pmlsolicitors@lists.imla.org
Cc: jhess@mhck.com; rschuettler@pamunicipalleague.org
Subject: [Pmlsolicitors] OOR webinar on Thursday April 2

Solicitors:

I was able to listen in on a portion of the OOR webinar this morning.  I'd
be interested in any comments you have.  Here are my takeaways:

• OOR is taking a much more flexible position with respect to technical
  Sunshine and RTK requirements than I believe was the case earlier
• OOR advocates balancing these requirements against public safety concerns
  (referencing Title 35 the Governor's declarations), with the greatest
  deference to public safety
• Physical meetings are discouraged in favor of virtual meetings, using
  technological alternatives (Zoom, Skype, conference calls, etc.)
• OOR does not support automatic disregard of requirements, only doing our
  best to meet the spirit of both laws
• Some matters can be authorized and ratified after the fact, formal
  meetings can be postponed, contract extensions can be authorized, etc., all
  consistent with public safety
• While the rights of the citizens under Sunshine and RTK are important, so
  are the due process rights of the governmental entities and officials, and
  third parties
• Local discretion in making judgments on how to proceed in these
  extraordinary times should be respected.
• OOR disclaims providing legal advice or any formulaic approach, given the
  view that local discretion should the operative principle.

Again, I'd appreciate any thoughts that you have.

William W. Warren Jr.
PML Solicitor Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
william.warren@saul.com

Sent from my iPad

"Saul Ewing Arnstein & Lehr LLP (saul.com) " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
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legally protected information. If you are not the intended recipient (even
if the e-mail address is yours), you may not use, copy, or retransmit it. If
you have received this by mistake please notify us by return e-mail, then
delete.
+~~~~~~~~~~~~~~~~~~~~~~~~+

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Andrea,

The sense that I get, with some support from the technical guidance we're getting from OOR, is that public comment should ordinarily be allowed.  The relaxation in appropriate circumstances of notice requirements, etc., does not seem to extend to public participation.  How you handle public meetings seems to boil down to a series of judgment calls about what is feasible, while protecting officials and the public.  What is feasible for you?

Any one else care to comment?

William W. Warren, Jr.
Moderator PML Listserv
Saul Ewing Arnstein & Lehr LLP
2 North Second Street, Suite 700
Harrisburg, PA 17101
Office (717) 238-7698 | Cell (717) 979-5570
william.warren@saul.com

-----Original Message-----
From: asalawandrea@atlanticbb.net asalawandrea@atlanticbb.net
Sent: Friday, April 10, 2020 9:07 AM
To: Warren Jr., William W. william.warren@saul.com; pmlsolicitors@lists.imla.org
Cc: jhess@mhck.com; rschuettler@pamunicipalleague.org
Subject: RE: [Pmlsolicitors] OOR webinar on Thursday April 2

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Despite things being flexible and relaxed under the current circumstances, has anyone seen anything official which eliminates the requirement for having public comment at a public meeting, even if that meeting is a Zoom meeting which the public can log into?

Andrea Stapleford

Andrea L. Stapleford, Esq.
Stapleford & Byham, LLC
600 Market St.
Warren, PA 16365
(814) 723-3445
(814) 723-7950 (fax)
asalawandrea@atlanticbb.net
 
This electronic message contains information from the law firm of Stapleford & Byham, LLC . The contents are privileged and confidential and are intended for the use of the intended addressee(s) only. If you are not an intended addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please send a reply e-mail to the sender and delete the material from any and all computers.  Unintended transmissions shall not constitute waiver of confidentiality, the attorney-client privilege or any other privilege.

-----Original Message-----
From: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org On Behalf Of Warren Jr., William W.
Sent: Thursday, April 2, 2020 11:15 AM
To: pmlsolicitors@lists.imla.org
Cc: jhess@mhck.com; rschuettler@pamunicipalleague.org
Subject: [Pmlsolicitors] OOR webinar on Thursday April 2

Solicitors:

I was able to listen in on a portion of the OOR webinar this morning.  I'd be interested in any comments you have.  Here are my takeaways:

• OOR is taking a much more flexible position with respect to technical Sunshine and RTK requirements than I believe was the case earlier
• OOR advocates balancing these requirements against public safety concerns (referencing Title 35 the Governor's declarations), with the greatest deference to public safety
• Physical meetings are discouraged in favor of virtual meetings, using technological alternatives (Zoom, Skype, conference calls, etc.)
• OOR does not support automatic disregard of requirements, only doing our best to meet the spirit of both laws
• Some matters can be authorized and ratified after the fact, formal meetings can be postponed, contract extensions can be authorized, etc., all consistent with public safety
• While the rights of the citizens under Sunshine and RTK are important, so are the due process rights of the governmental entities and officials, and third parties
• Local discretion in making judgments on how to proceed in these extraordinary times should be respected.
• OOR disclaims providing legal advice or any formulaic approach, given the view that local discretion should the operative principle.

Again, I'd appreciate any thoughts that you have.

William W. Warren Jr.
PML Solicitor Listserv Moderator
(office) 717-238-7698
(cell) 717-979-5570
william.warren@saul.com

Sent from my iPad

"Saul Ewing Arnstein & Lehr LLP (saul.com) " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
+~~~~~~~~~~~~~~~~~~~~~~~~+

Pmlsolicitors mailing list
Pmlsolicitors@lists.imla.org
http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org

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