The saga of the struggle of Columbia property owners at 1020 Cloverton Drive has been documented at Columbia news, views & reviews since the Council meeting on August 14, 2017.
Here is an audio recording of the first part of the meeting that was Paragraph I., 5., a..
Here is Cloverton … a trail of events
1987 and following – Series of files and documents concerning Hilmar Estates
September 14, 1990 – Maintenance of Retention Pond document
Later in September, 1990 – Municipal Authority Agreement
July 10, 2017 – Letter from Columbia Borough Director of Public Works
July 11, 2017 – Brenner/Hess Right-To-Know request – includes other documents (Borough-provided documents and files including the property narrative.)
August 15, 2017 – Brenner/ Hess Right-To-Know request
August 16, 2017 – Letter from Lancaster County Open Records Office
August 30, 2017 – Letter from Columbia Borough concerning Right-To-Know Request
September 6, 2017 – email to Borough Manager
“Good evening Mr. Sahd,We are writing to you to be placed on the September 11th Borough Council Meeting Agenda as instructed by our attorney after our meeting this evening. Since information that was beneficial to us before was kept secret until now we are instructed to address the Board with this new incriminating evidence so it’s on public record for when we process to court.With the new information that I have discovered through the Lancaster County Planning Commission I will be presenting this to the board and demanding answers to the condemning legal agreement I discovered, as I will address in the below email.First I have copied Ms.Shuman from Harrisburg who is handling our appeal request as I have proof you lied on my July 14th right to know request and also my July 11th request. July 14th – I asked for records of when the bond was released and when the street was dedicated and you stated in both ” I could not find any records”. Again, July 11th – I asked for any documents associated with our property and I was provided nothing. After I did an extensive search I discovered $100,000.00 and a settlement agreement which I went back to the Borough and did another right to know request dated August 23rd and you provided me only then very important information associated with our property that should have been provided in my prior 2 requests plus it also notes when the street was dedicated. Mrs. Shuman I can send you copies of all of this paperwork if need be.Mr. Sahd – I will be asking the board to explain the payment of $100,000.00 that they received to take over the basin and development. I will have copies of both the document I obtained through Lancaster and also through Columbia which has your boards signature on it. I will be asking where the remaining $47,108 for maintenance is and what it was used for since I did a write to know request and your records person provided me with everything BUT what happened to the money I was specifically asking about. I will show them a copy of the check that was paid to them also!My husband will be calling you tomorrow to verify you received this email and put us on the agenda. Please do not make us email 6 times and call numerous times to get a confirmation like you have done 2 others times to us!
Good Morning,My husband called you this morning and left you a message to confirm we are on the agenda as you have not responded to my previous email. He will continue to call until he has a verbal confirmation that you added us or until you respond to my prior email stating we are put on the agenda. I have also attached a copy of the statement I will be reading to the board at the September 11th meeting and I ask that this is sent to them prior to the meeting so they have a copy also. I will also be addressing this with them and ask if they received this from you before hand. It has been made clear that information in your office is being withheld so I will do what I can to see that information is being provided to them.
“As instructed per our attorney we are here again at yet another Borough Council meeting to disclose with the board new incriminating evidence that was discovered relating to our storm water basin on our property. The reason we are here yet again is to have this information documented on public record ie: agenda and minutes that we exhausted all efforts to ask the Borough and the Board to uphold the settlement agreement that was signed by the Board in receipt of $100,000.00 to take over the basin. So we can show a Judge we did everything possible and that you did nothing, as this was the same situation where he won a court case in Elizabethtown Borough.
The settlement agreement was withheld from us and not disclosed in my 2 previous Right to Know Requests which would have been in our favor at the 2 prior council meetings after your Borough Manager called the maintenance agreement in our deed “crap” because the Borough did not sign it. Which we have now discovered this was not complete “crap” that this was put into our deed on September 17 and the settlement agreement signed by the board was done on September 27. So this agreement was done with the intent of the settlement agreement also being implemented.
At this point I do not understand how you can even justify saying this is not your problem when you signed a settlement agreement taking it over, you received a $100,000.00 check (see attached in packet), your audit report on page 16 (see attached) clearly states you took it over and you have $47,108.00 set aside for maintenance and according to my Right to Know request Ron Miller states in 15 years he does not recall any maintenance work being done to the basin.
I want it made very clear that you as a board are asking us to pay out of pocket thousands of dollars in attorney’s fees to have a judge order you to uphold a legal agreement you entered into. I want to audience and residents to hear this and understand what you are doing to us. We pay our property taxes, we pay taxes that are used to pay the Borough Solicitor to fight us on this when all we are asking is to help improve the Borough and make it a better more beautiful place to live, you are taking money out of our pocket that we can no longer use to patronize local restaurants and shops to bring revenue into the town we live in and help it flourish.
We are here to have this put on public record that you are clearly stonewalling us and breaking an agreement you signed and entered into legally. This would be no different than any other resident not taking care of their lawn and you fine them in accordance to a zoning violation, it’s the same concept. You as a Board are not above the law and let’s be honest you are just the same as us or any other resident as in myself or any other resident can run and be a part of this board. So remember that when you are no longer part of this board and you have an issue occur and you want to ask the future board for help, just remember how you treated the people that have come before you and ask yourself would you be happy to be treated the same way. I have read numerous posts on social media about the current board and I will tell you that you do not have a favorable following in this community, in fact I have been asked to be a write in and run for a board seat as residents of this community are sick and tired of the way this board treats the residents of Columbia Borough. That we as residents are trying to work to improve this town and make it better and all we get from this board is a blank faced stare and mute mouths.
So I digress and ask you to please explain how you feel you do not have to uphold the settlement agreement you entered into with a payment of $100,000.00? Where did the remaining $47,108.00 go if Ron Miller stated no maintenance has been done in 15 years and why this information was ignored on my right to know request?
October 6, 2017 – Letter from C.S. Davidson – Professional Letter of Assessment
October 9, 2017 – Letter from Borough’s law firm