Sewer Sale Opponent Kofi Osei Takes Oath as Towamencin Township Supervisor

Dan Sokil | The Reporter•

Towamencin NOPE founder Kofi Osei, center, shakes hands with District Judge Ed Levine after swearing his oath to be a township supervisor on Tuesday n

As he approached the podium to swear in Towamencin’s newest elected officials, District Judge Ed Levine wryly noted a larger-than-usual crowd.

"I came from Lower Gwynedd, about an hour ago: it was nothing like this,” he said, drawing laughs from the dozens gathered to show their support.

Tuesday night marked a milestone of sorts for the township, as new township Supervisor Kofi Osei — the Democrat victor in a too-close-to-call election in November — took his oath of office alongside two new township auditors.

An actuarial analyst who grew up in the township, and founder and face of the "Towamencin NOPE” resident group that has fought the sale of the township’s sewer system since well before it was formally approved in 2022, Osei led a series of resident efforts to try to stop that sale by winning a November 2022 voter referendum authorizing a government study commission, then chairing that commission as it drafted a home rule charter with provisions the NOPE group argues make the sale illegal.

The home rule charter was then approved by voters in May 2023, taking effect that July, as Osei challenged incumbent Republican and sale advocate Rich Marino for a six-year term on the board, while simultaneously filing suit with other NOPE members against the board to stop the sale.

The two candidates sparred over the sale throughout their campaign season, and early results from election day in November had Marino narrowly winning their race, before a court ruling in mid-November led to an updated count with both candidates tied. The two drew lots in a process administered by county officials on Nov. 30, with Osei drawing the winning number, and Marino and his backers subsequently filed a series of challenges to that process ahead of Tuesday night’s first supervisors meeting of the new year.

Oaths of Office

The meeting began with Levine administering oaths of office to newly elected township auditors James Collins and Tina Rumsey, who each drew cheers and applause from dozens of NOPE supporters, many wearing matching shirts that read "Every vote counts: count every vote.” The loudest and longest cheers of the night went to Osei, as he took his oath with his left hand atop a copy of the state Constitution held by his father Tony, and the township charter he helped draft.

"I, Kofi Osei, do solemnly swear, that I will support, obey and defend the Constitution of the United States, and the Constitution of this Commonwealth, and that I will discharge the duties of my office with fidelity,” Osei said, repeating after Levine, before the two shook hands and the new supervisor took his seat between supervisor Kristin Warner and solicitor Bob Iannozzi.

Count Challenged

After resident comments on other issues, Marino took to the podium to outline how he saw the election counts and challenges, and steps he and his supporters had taken.

"Following the vote count (on November 15th), I was ahead by four votes in the race for township supervisor. Montgomery County was scheduled to certify the election on November 21st. For reasons that have yet to be explained, Montgomery County delayed certifying the election, and in violation of its own statute, until November 22nd,” he said.

"Coincidentally, on the afternoon of November 21st, a decision was handed down in the federal court of the Northwest district of Pennsylvania. This decision mandated that in only 12 of Pennsylvania’s 67 counties, mail-in ballots that were not dated, and under Pennsylvania law were deemed invalid, were now to be counted,” Marino said.

A total of 349 such ballots were found in Montgomery County, of which six were in Towamencin, and those ballots were counted the following Monday, Nov. 27, Marino said, resulting in the tied vote totals and the lots drawn on Nov. 30.

Since then, Marino said, he and his backers have appealed that ruling, and a federal circuit court of appeals has agreed to review the case, on an expedited basis, with filing deadlines later this month and oral arguments scheduled for March.

"I will note that I did not initiate that appeal, I’ve only been joined to it, and I’m not paying for it,” he said.

Appeals Initiated

On the local level, "some of my friends and neighbors petitioned the Common Pleas Court of Montgomery County for review of this case. That appeal was denied. They then appealed the decision to the Commonwealth Court of Pennsylvania. A stay was sought for the swearing-in of Kofi Osei; the stay was not granted,” Marino said.

That underlying appeal is still in progress, the former supervisor told the board and public, and is scheduled for a hearing in March; that appeal is being paid for by the "Friends of Rich Marino” political action committee, he said.

"While some of those funds came from me, the vast majority were donated by many of the 3,034 friends and neighbors who voted for me. Like me, they are outraged that a federal judge would change the rules in a state election, after the ballots had been cast,” he said, before vowing to carry that appeal ‘to its conclusion, whatever that may be.”

"In closing, this really is not about me and Kofi. This is about election interference from a judge. Happy New Year, I wish you success for the year,” Marino said. In a Facebook post Wednesday, Marino echoed those comments, saying "While it may seem odd, the drawing of lots was the only portion of this that actually complies with Pennsylvania Law. Judge Baxter overruled Pennsylvania Law in mandating the undated ballots be counted and Montgomery County violated its own Statute in delaying the election certification.”

Still Debating Sewer Sale

After several comments on other issues, Bonny Davis of Springfield Township shared her thoughts on the sewer sale debate, noting that her municipality had similar talks starting in 2015, that resulted in a vote by officials there to sell at the end of that year.

"Unfortunately, I was Nostradamus, everything I said came true. People were very upset, their bills went up 200 percent to 400 percent, not to mention that now it was a separate bill they had to pay in addition to their regular tax bill, and it was horrible. People complained, they asked if we could buy the system back, and of course we couldn’t. Once it’s a done deal, it’s a done deal,” she said.

North Penn School Board vice president Christian Fusco, a Towamencin resident whom Osei has credited for encouraging him to run, added his own congratulations to Osei and the NOPE members.

"You all worked hard, and you can see that when you do get into local politics, and you roll up your sleeves, and you do the hard work, sometimes it pays off. Congratulations,” he said.

And one childhood friend who identified himself only as Johnny said he’s known Osei since third grade, and can vouch for his character.

"I personally have not made all the right decisions in my life. But Kofi has always made the right decision, within his power,” he said.

The gathered crowd then got a preview of what could be a common occurrence over the next two years, as longtime supervisors Chairman Chuck Wilson and fellow Republican supervisors Laura Smith and Kristin Warner made a series of motions to appoint the board’s officers for 2024. Iannozzi, the solicitor, asked for a motion to nominate a board chair for 2024, and Smith nominated Wilson, with a second from Warner; Iannozzi then called for a vote, and announced a three-to-two vote in favor of Wilson after hearing votes from that trio and silence from the board’s two Democrats, supervisor Joyce Snyder and Osei.

The Republican trio then made a similar motion nominating Smith for vice chair, seconded by Warner, and when Wilson called for a vote, Snyder noted: "There were no ‘Nays.’ There were no nays for Chuck either.”

"So let’s revisit that. Was it a five-to-zero?” Iannozzi answered, and Snyder replied, "I believe so,” and the attorney replied: "That’s wonderful, I stand corrected,” before asking that all board members speak into their microphones to record all future votes..

After another round of applause at the close of the meeting, Osei shook hands and posed for photos with supporters from across the area, including state Rep. Liz Hanbidge and Norristown NOPE founder David McMahon, and said the feeling of sitting beside the supervisors was "different.”

"I don’t have a majority on this board, so — keep your expectations low,” he said.

For now he’s still assessing how much he can post on the Towamencin NOPE Facebook page regarding the sewer sale and the ongoing litigation, while fellow NOPE members said they plan to post more soon about fundraisers for the ongoing costs of their litigation against the board.

And while crowds swirled around Kofi, his father Tony watched his son at the center of it all.

"He’s now a man. I can’t do much for him, but he’s done it,” he said.

Towamencin’s supervisors next meet at 7 p.m. on Jan. 10 and 24, both at the township administration building, 1090 Troxel Road. For more information visit www.Towamencin.org.

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