|Malissa Davis, Tom Nolan and Jim Broughal|
The Elliots also objected to allowing Breslin to vote on the motion appointing Broomal. They previously filed a motion seeking his it is inappropriate for a "person with a conflict to appoint someone else to make the decision."
Commissioners were asked to table the appointment, but Broughal warned that the clock is ticking. They have only 60 days in which to grant or deny tentative plan approval or it will be deemed approved. He said that attempting to negotiate to find someone else would put the hearing officer that us ultimately selected under incredible pressure.
Charles Elliot said he had negative personal experience with Brooman, who represents landfills, incinerator developers and waste management facilities. He found no instance in which Brooman ever represented a municipality. Elliot stated that on two occasions, Brooman confronted him over adverse decisions concerning an incinerator and a composting facility.
"There must be 100 attorneys in eastern Pennsylvania that do zoning and land use planning," observed Elliot. He said any decision made by Brooman would be "suspect." He also claimed that Broughal is "way too invested in this choice."
Broughal responded, "I did my research." He said Brooman has experience in all areas of the law at issue and would be unbiased. He also objected to that attack on Brooman's demeanor. "He's not here tonight to defend that," he observed. He spoke with Brooman, who told him his interactions with the Elliots have sometimes been unpleasant, but he has also sparred with TOA lawyers. "It seems to be that this is a pretty good compromise because [Brooman] didn't seem to get along with anyone," said Broughal.
Though TOA's David Biddison was present, he offered no comment or rebuttal to the Elliots. There was no need. Even TOA opponents like Tom Nolan said, "I have always listened to the Solicitor." Malissa Davis said that she at first thought that Commissioners should decide this matter, but on further reflection, she thought that an independent hearing officer would be the best way to protct the Township
When the hearing convenes again on Wednesday, it will only be for the purpose of arriving at a schedule to get the case heard.