Springdale enacts new public comment policy ahead of 2nd data center meeting

Springdale Council has passed a public comment policy that sets new rules for potential speakers at borough meetings.

The policy allows only residents and taxpayers of Springdale to take the podium. Each speaker also now has a three-minute time limit during comment periods at the beginning and end of meetings.

The measure, according to Councilman Dan Copeland, is a reaction to Springdale’s Aug. 6 planning commission meeting, where several attendees from outside the borough offered comments.

The new policy will be enforced at the next planning commission meeting for the proposed data center at the former site of the Cheswick Generating Station in Springdale.

That meeting is set to take place Sept. 24, according to Borough Manager Terry Carcella.

The commission will offer its recommendation to borough council, which would vote to conditionally approve or reject the project at a later meeting.

Copeland said the borough’s previous speaker policy wasn’t clearly defined and the proposed change would set the rules straight.

Carcella said the proposed policy would keep “activists” and non-residents away from the podium, leaving more time for Springdale taxpayers to comment.

The plot of the proposed data center, though located entirely within Springdale, directly borders a residential area in Cheswick.

Though Cheswick residents might be affected by the large-scale project, Carcella said if the borough made exceptions for Cheswick speakers, it would have to make exceptions for everyone.

But the decision on who to allow to speak would ultimately rest with the chairman of each meeting, he said.

Copeland said he’d be in favor of allowing Cheswick residents on nearby streets, like Duquesne and Shady avenues, to speak up about the center.

But he’d like to get the new policy on the books, he said, and enforcement procedures could be refined during coming meetings.

Councilman Joe Kern said the proposed policy would place a tighter focus on resident concerns. But he, too, would expect some leniency for speakers from just over the municipal border.

Public comment policies with time limits and restrictions barring non-residents are legal and relatively common features among municipal governments and school boards.

“Agencies are also permitted to limit comment to residents and taxpayers of the area served by the agency,” according to the Pennsylvania Office of Open Records.

But Melissa Melewsky, a lawyer at the Pennsylvania News Media Association, said restrictions on public comment must also align with federal First Amendment rights.

Any speaker who could be affected by the proposed data center should be able to say their piece, she said.

Brad Yaksich, president of Cheswick Council, said an informational meeting would take place for Cheswick residents with the data center developer at a designated date in the future.

But he said concerned Cheswick residents should continue to attend Springdale meetings and bring questions to borough officials, who could relay them to Springdale or the developer.