1. 7. Discussion on action to prepare solicitation for bids for Promenade.

1. a. The meeting of December 27th had discussion which resulted in asking Supervisor Hughes to participate in this process. Supervisor Hughes had previously mentioned his years of experience in real estate. Supervisor Hughes said he needed time to think about this. At the January 9 meeting, Supervisor Hughes said if the Board would approve a motion to have him participate, he would do so. The motion and second occurred and the motion passed, although Sup Hughes voted Nay. During the week of January 16, Sup Hughes informed Solicitor Schnee that he decided he would not participate. This evening’s discussion may result in the previous motion being reversed and/or a revised motion being presented for vote.

Section 607.  Duties of Supervisors. --The board of supervisors shall:

(1)  Be charged with the general governance of the township and the execution of legislative, executive and administrative powers in order to ensure sound fiscal management and to secure the health, safety and welfare of the citizens of the township.

(2)  Have the responsibility for maintenance of township-owned equipment and facilities.

(3)  Employ persons as may be necessary for the general conduct of the business of the township and provide for the compensation, organization and supervision of the persons so employed. Records shall be kept, and reports made and filed giving the names of all persons employed, dates on which work was done and the number of hours worked with compensation paid to each person and the capacity in which employed.

Chadwick Schnee<[email protected]>
To: David Hughes
Wed 1/11/2023 1:48 PM
Cc: Tucker Hull <[email protected]>
Hi, Dave.
Thanks for agreeing to work with us with respect to getting bids up and running for the Promenade. As I mentioned at the meeting, my colleague, Tucker, has a wealth of experience in this area, and he's going to try to spend some time this week getting things moving before he leaves on vacation the following week.
My suggestion is that we plan on setting up a phone call at some point next week to see what progress has been made and to get your thoughts.
I do think it likely makes sense to get an appraisal of the property before we put it out for bid so that the three of us can provide a recommended minimum acceptable bid amount to the rest of the Board for its consideration. Appraisals fall under professional services and as a result, do not need to go out to bid. Do you want to take the lead in reaching out to 3-4 appraisers in the area to get pricing that we can share with the Board?
Thank you.
J. Chadwick Schnee, Esq

Dear Chadwick,

ICYMI, I voted "no" to a motion that essentially inverts my role as a supervisor with you. As a matter of fact, in terms of general governance your firm works for the board, which does include me, and I fail to imagine a scenario in which it is the other way around. Further this task is within the realm of the township managers' prerogatives. 

Much of what you and Mr. Hull plan to do should be and can be handled by our new manager now at a much lower cost to taxpayers. Appraisals and the bidding process are actually very standard and not a mystery at all, and in essence do not require the $215/hour advice of an attorney.

Further, I would like to discuss with you a situation that exists around supervisors participating in the daily activities in managing the township. The part-time supervisors' purpose is to set policy, govern and supervise (1933 Act 69 Article VI). The Pell report recognized this problem in 2014 and specifically commented on it. I suggest you read it.  Article VI section 607 is very clear regarding our duties essentially specifying our role as "general governance" and not participatory.
Regards, 
David Hughes
​Exeter Township Supervisor

From: Chadwick Schnee<[email protected]>

To: David Hughes
Mon 1/16/2023 9:28 AM
Hi. Dave.
While I understand that you voted "no" on the motion you asked for, it did pass by a majority vote of the Board. In my opinion, it really was made in the spirit of getting you re-engaged in leading the Township forward. I would imagine that a decision to not engage would not be
perceived well, and, since I serve the Board, I'll need to report back to the Board if this is your final decision.
Regardless of whether Betsy should perform this work, the Board delegated/authorized my firm to handle this work. Obviously, were you to choose to engage as suggested below, there would be an even bigger savings to the taxpayers because, unlike my firm or Betsy, you do not receive an hourly pay.
On your last comment, can you please re-send a copy of the Pell report? I've read portions of it previously; however, I am having trouble finding the link at the moment. Are you free at 11 a.m. tomorrow for a call?
Thank you.
​J. Chadwick Schnee, Esq.

Section 1103.  Duties of Solicitor. --The township solicitor, when directed or requested so to do, shall prepare or approve any bonds, obligations, contracts, leases, conveyances, ordinances and assurances to which the township may be a party. The township solicitor shall commence and prosecute all actions brought by the township for or on account of any of the estates, rights, trusts, privileges, claims or demands, as well as defend the township or any township officer against all actions or suits brought against the township or township officer in which any of the estates, rights, privileges, trusts, ordinances or accounts of the township may be brought in question before any court in this Commonwealth and do every professional act incident to the office which the township solicitor may be authorized or required to do by the board of supervisors or by any resolution. The township solicitor shall furnish the board of supervisors, upon request, with an opinion in writing upon any question of law.