UPPER POTTSGROVE — In the wake of a judge’s ruling that the township’s plan to build a new municipal complex on the Smola Farm property violates the state open space law, alternative sites for the project are being considered publicly for the first time.
In March, the board voted 3-2 to purchase 9.5-acre parcel at the corner of Gilbertsville and West Moyer roads site for $500,000 using township open space funds.
In an unusual Wednesday meeting, they usually meet on Mondays, the board of commissioners voted to shift how they paid for that property from open space funds, to general funds.
At the time of the purchase in March, Commissioner Cathy Paretti had argued the township should do exactly that, so the property would not be bound by open space restrictions and could be used for the new township complex instead of the Smola Farm, which was purchased as protected open space in 2008.
Plans to use the Smola Farm property triggered a lawsuit, the ruling on which was issued last month. The township has since asked the judge to re-consider his decision, an action Township Commissioner Dave Waldt said he was never informed of.
In March, Paretti complained “that parcel was identified by the alternative sites committee and we didn’t even discuss it. I just think we should purchase it with general funds and move the building there and make this whole mess go away.”
“I think Gilbertsville is a good place for (the municipal building),” said Paretti. “What annoys me is I said months ago, don’t buy it with open space money, but it with the general funds.”
Flash forward eight months and that is exactly what the commissioners intend to do … um, maybe.
“We want to make that property available given what has happened, although we are still going through with the appellant process,” Commissioners Chairman Trace Slinkerd said Wednesday night. It is worth noting that no public vote has been taken to appeal the case.
Paretti said she had only received the information about the move “yesterday,” which was election day and she had volunteered at the polls, and she had not had adequate time to review the material.
Paretti asked if the township’s open space and recreation committee had been consulted about the change and Slinkerd replied that he had spoken with four of them individually. “They have been abused about this before at public meetings and they are volunteers, and I will not allow that to happen.”
“It would be nice to get a formal recommendation from the open space committee, that’s their job,” Paretti replied. It is worth noting that when the property in question was purchased in March, a response to a Mercury Right to Know request in May revealed there is no record of a formal recommendation from the open space committee to purchase it.
But wait, there’s more. That is not the only alternative property being considered.
A vote later that evening, again 3-2, authorized the township staff to seek bids to build the new municipal complex either at Smola Farm, the Gilbertsville Road property purchased in March, or at the neighboring Kulp baseball fields across Gilbertsville Road, adjacent to the Hillside Aquatic Club off West Moyer Road.
Slinkerd explained that the plan would be to destroy the fields that are there now, which are not regulation size, and build new, regulation-sized baseball fields on the Smola property. As a recreational use, such a move would not be a violation of the state’s open space law, he said.
“I spoke to the head of the Little League and he’s OK with it,” Slinkerd said. “They would be glad to get regulation-sized fields,” Slinkerd said.
All of this was just a bit much for Commissioner Dave Waldt, who voted with Paretti against putting anything out to bid.
“After what just happened in court, I think we need to put on the brakes and let the dust settle before we spend any more taxpayer money,” he said.
Commissioner Don Read countered that getting bids does not cost the township anything – other than the cost of advertising the bids in the newspaper – and is being done to get a real time feel for the actual cost of the building.
“This is not the first choice, but we want to explore other options while we figure out what the law is,” Read said. “If the judge’s ruling sticks, we need an option in our back pocket.”
“We’re not dead-set on Smola. We bought Gilbertsville as an option,” said Read.
“Again Don, news to me,” said Paretti. “I thought we bought it to push away developers,” which was the reason given publicly at the time. “We did,” said Read. “We bought it so we could control it,” adding “I’ve got to have options. I can’t just be filibustered on everything I do and get told ‘you guys don’t get anything done.’”
“We’ve spent $800,000 on the Smola site, almost $1 million, I am not going to rush into anything,” Waldt said.
Read argued that much of the engineering done for the Smola site is transferable because the plan is to build the new complex in modular fashion.
“It’s going to be built off-site, we’ll truck it in and put it together like a giant Lego, and that will save money,” said Read. All three sites are relatively flat, and so the building could be built on any one of them, he said. “They all have the same topography.”
“This project should be completed by now. Getting bids will not cost more money of any significance,” said Read.
Waldt still insisted the township should wait until the legal issues are settled before moving forward. “We’re trying to catch the summer build season,” replied Read. “With the results of the election, I predict the economy is going to be picking up and if we don’t act, we might get squeezed out.”
“We’re the local government, but that doesn’t mean we have to act like it,” Read said. “If we act now, we can get something tangible for all that money, rather than just passing paper back and forth.”
“If we’re the local government how come two people, Cathy and I, are never part of the discussions before the meeting?” Waldt shot back.
“You’ve got the same documents we do,” Slinkerd said. “Saying nebulous things like ‘let the dust settle’ doesn’t get us closer to our goal. This is the meeting, let’s discuss it.”
One document the board majority did not have, apparently, was the deed for the Kulp field which, it turns out, was purchased in part with money from Montgomery County and, as such, carried a deed restriction making the construction of a new municipal complex there problematic at best.
Paretti brought copies for all the board members, as well as Township Solicitor Eric Frey, who seemed surprised to receive it.
“Why are we just getting this now?” Read asked, echoing a frequent complaint of Walt and Paretti. “Because yesterday was the first time I saw it on the agenda,” Paretti shot back. “Listen Don, I know this is going to end up as a 3-2 vote. I’m just trying to provide information that’s useful before we rush ahead and get ourselves in trouble again. I don’t want us to waste time and money on something that’s not an option.”
“I agree with Cathy,” said Commissioners Vice President Hank Llewellyn. “The Kulp site might not be viable. But I will second the motion anyway” to put the project out to bid.
“Why are we going to vote on something when we don’t have all the information?” Waldt asked. “Now that Cathy provided this information, I’ll look into it,” said Frey.
Despite the lack of the solicitor’s input, the board voted – 3-2 – to advertise for the bids.
