UPPER POTTSGROVE — In the first public meeting following Friday’s ruling that the township effort to build a new municipal building on land purchased as protected open space, Commissioner Don Read strongly hinted that the township will appeal the decision.
Although there has been no announced executive session in which the commissioners could have discussed the legal matter behind closed doors since Court of Common Pleas Judge Jeffrey Saltz announced his decision last Friday, Read seemed to have the inside track on what the board majority intends to do.
Digital First Media File Photo
Upper Pottsgrove Township owns 370 Evans Road, seen here from the West Moyer Road side of the property, which is part of the property Thomas Smola sold as part of the township’s open space efforts. (Digital First Media File Photo)
Read said when both the township and the residents suing to stop the project – Matt Murray and Nathaniel Guest – met in a pre-trial attempt to resolve the matter, “we said both parties have to appeal, that’s natural, you have to bring it to a higher court to solidify. So cry all you want, it’s got to go through the process. I’ll say another thing. I’m working with two guys who are veterans. And if you don’t think these guys naturally put contingencies in place, you’re crazy.”
He added, “these guys know how to strategically plan. There are contingency plans in place from pretty much day one, and you will hear them soon. We are in round three of a seven-round fight.”
On Friday, Saltz issued his ruling after a two-day trial and found the township’s argument about which money was in what account when the Smola Farm was purchased in 2008 to be unconvincing.
He also absolved the commissioners of malicious intent in making the decision to build there, a decision which was announced to the public in 2022 with a resolution giving broad powers to Chairman Trace Slinkerd after evidently being discussion for two years prior outside the view of the public.
“The evidence does not suggest that the commissioners acted in bad faith or with disdain for the open space benefits provided by Smola Farm,” according to Saltz’s decision. “To the contrary, they acted on the advice of the township solicitor that construction of the municipal complex would be legally permissible and they planned for the enhancement of the open space on the remainder of the property.”
Should this be the case, and the commissioners be innocent victims of bad legal advice, should the person who gave that advice, Township Solicitor Eric Frey, not be asked to resign? asked resident Jim Capinski, who has long warned the township to wait until the legal case is resolved before spending any more public money.
“Why didn’t you listen to me?” Capinski asked in reference to the warnings he has provided at previous meetings.
During his testimony in court, Slinkerd estimated the township has so far spent at least $800,000 on design and engineering for the project. Originally estimated at $5.5 million, estimates for the project obtained through citizen Right to Know requests show costs climbing as high as $8.8 million
And although the judge’s injunction specifically prohibited the township from putting the project out to bid, a legal bid notice appeared in Monday’s edition of The Mercury.
Township Manager Michelle Reddick said as soon as she learned of the decision Friday, she attempted to cancel the advertisement.
“I didn’t get a response until Monday when they said I had e-mailed after hours. I can’t believe a media operation that runs 24/7 and puts out a paper on Saturday and Sunday, would not have have” classified office staff working over the weekend, said Reddick, who routinely takes 30 business days to respond to even the most basic Right to Know request.
Asked by Commissioner Cathy Paretti why the bid had been sent for publication at all, “when we knew we had a court decision coming,” Frey explained that the commissioners voted in August to authorize putting the project out to bid. And, in the next breath, Frey explained that the plans are still not yet completed.
More than a few audience members grumbled that there was no reason to rush to publish the bids when all township staff and commissioners knew a court decision on the matter was pending and the plans are not even completed. “More of our tax money wasted,” said one unidentified audience member under their breath.
Commissioner Dave Waldt asked to have a vote rescinding the resolution to have the bids published, but it was defeated 3-2, with only Paretti also voting in favor of his request.
The meeting was also replete with on-the-record public comments. Including Capinski, who spoke twice, six of the nine public comments made Monday were in regard to the Smola court decision.
Resident Cathy Sikorski joined Capinski in calling for Frey’s resignation and asked if the commissioners would be paying the taxpayers back for proceeding with the project with a lawsuit looming.
Being an elected commission requires “transparency and honesty and three of the members of this board have failed that litmus test,” and “were never high on your to-do list,” said Ashley Custer, a township resident and member of the Pottsgrove School Board.
When the public spoke out against the plan, “three members of this board tried to silence through bullying, making derogatory comments during public meetings, threats of lawsuits and other behaviors that are beneath your office,” Custer said. “Maybe the three of you should have put aside your egos before putting your names on the ballot. As I see it, three over-zealous members of this board went on a power trip. What do we have to show for it but a bunch of angry constituents and an almost $1 million bill.”
Custer concluded, “unless all three of you intend to personally reimburse the township for your little pet project, you need to resign.”
Resident Al Leach, who is also the Democratic candidate for the PA House District 147th seat, thanked Guest and Murray for standing up and fighting for the Smola Farm. He said the commissioners “ignored the requests” of residents and officials who “pleaded with you to wait” until the legal matter was resolved before moving forward.
“The majority of the board of commissioners have now spent nearly $1 million on a frivolous and illegal project,” said Leach.
