The Meter is (Still) Running, or How to Lose Open Space Without Really Trying

A few weeks ago, at the June 17 Board of Supervisors' meeting, new Supervisor Colleen Eckman lamented over having to release from agreement to purchase two open space properties the Township was trying to obtain. Part of the problem was that funding promised by the County had not come through, even though we had set aside the matching funds to purchase the parcels. Due to the well-publicized County's budget woes, they were unable to fulfill their part of the funding package and left the Township hanging.

I feel for Ms. Eckman. Unfortunately I believe it will be the first of many times over her term in office that the BOS will have to forego something they would like to do (and/or promised voters they would do) due to lack of available funds.

Earlier this year I mentioned that the BOS coalition led by Rick Brown elected to attempt to intervene in a zoning decision on behalf of a resident, and were rebuffed by the Montgomery County Court of Common Pleas. Undeterred, they pressed on, continuing to fight their uphill battle with your tax dollars by filing an appeal in the Commonwealth Court.

To date, in the first six months of this year, this little goose chase has cost Lower Providence taxpayers an additional $21,324.13 (and counting) in attorneys’ fees (the BOS and ZHB's solicitors, combined)  frivolously spent in pursuing an effort that is essentially one resident’s personal crusade, and which, if they were to win, would benefit absolutely no one other than legal counsel. At this rate, they are on pace to wind up the year at around a $45,000 spend for just this one case.

When will someone start to connect the dots and see that there is a cost to repaying apparent political favors with taxpayer money, and a cost to creating an inhospitable climate for viable commercial development and projects,  projects that bring tax dollars and jobs? Obviously there must be a balance; one extreme or the other doesn't work. Projects and the money they put into the township's coffers could have gone a long way toward providing us with the balance of the funds to purchase the properties without Montgomery County’s help. To  make good on vague campaign promises of being in favor of open space (aren't we all?), our BOS is going to have to become a lot more resourceful - and realistic - than they have demonstrated thus far and figure out how to accomplish this goal without being largely dependent upon other people's money.

Obviously, $45,000 by itself doesn't buy much, but as with anything else, if you watch the small dollars, the big ones take care of themselves.  At least we get our deposit back.

Now that those open space parcels have been released (although the Township is amending the purchase agreement to give us a right of first refusal should another buyer come along), I wonder who will buy them, and what they will put there. Last year, another prime piece of open space, the Downes farm on Woodland Avenue, became available. When I worked on updating the Open Space Plan in 2005, this property was viewed as a high acquisition priority. We were fortunate in that Pat Mascaro purchased the property and has pledged to preserve it, but we can't hope and pray that a benevolent benefactor comes to the rescue every time open space becomes available. 

The meter is running

If you are an attorney practicing municipal law in Montgomery County, you might want to float your resume in front of Lower Providence's new Board of Supervisors.

Not content to have the customary one firm appointed as solicitor representing the interests of the Township, they saw  fit to hire an additional, 'special' counsel, to 'review' (read: attempt to undo) the December 7 award of the latest five-year trash hauling contract to J.P. Mascaro & Sons.  Rick Brown and Chris DiPaolo were the only two of the five-member Board who discussed documenting the resolution that was put in front of all five for a vote that evening.  Rick, Chris and new member Don Thomas (who, judging by the deer-in-the-headlights look that always seems to be pasted on his face, probably had no idea what he was looking at) voted for the extra legal hire. The ladies voted against it.

All this 'reviewing' has a price tag of approximately $150/hour for nonlitigation work and $175/hour for litigation in addition to the charges our regular solicitor, Michael Sheridan, charges.

And this is a litigious group of people, our new Board of Supervisors. Between them, as of the last time I looked at the various dockets, Chris, Colleen, and Don have 10 (10!) attorneys working for them on other matters, and that's not counting the ones they just hired with your tax dollars.  That total doesn't include the guy Rick Brown hired last year to file his 'friend of the court' brief in the American Revolution Center case - which he filed AFTER they decided to leave and despite his position already being put on the record when he testified as a witness in the case. Oh wait...I think that was filed by Mr. Sheridan, before he became solicitor this year.  Geesh, I can't keep track.

Mrs. Eckman even sued the lawyers that originally represented her in the Mascaro case, seeking to have other attorneys permitted to represent her - rumour has it, a relative - and lost. She's appealing that decision...of course. She is, after all, one of the folks that helped chase the American Revolution Center out of town, so this is probably a walk in the park for her.

On top of that, the Board of Supervisors just directed Mr. Sheridan to intervene in a recent Zoning Hearing Board case in order to appeal it, because, allegedly, our new Board of Supervisors did not agree with it. This, despite the fact that one of the neighbors who originally opposed the applicant's plans (and by his own admission bankrolled the hefty cost of his litigation himself to the tune of $60K and counting)  has already filed an appeal of his own. He certainly doesn't need the Township to sue on his behalf.

This is all the more outrageous because the Township really isn't aggrieved; a lot that had been an eyesore and a longtime public nuisance was cleaned up, junk hauled out, buildings that were in disrepair were rehabilitated. It appears to be more or less an attempt to appease yet another special interest down in 'the Thumb'.

In fact, the irony  is that because errors or oversights were determined to have been made by the Township relative to the history of that property, and the applicant in the zoning case relied upon them, the Township could be culpable. The Township, in intervening, may actually be making the applicant's case for damages against the Township for him should he lose on appeal.  They certainly didn't get involved to defend their staff.  Bottom line: your tax dollars may well wind up being being spent to lead to more of your tax dollars being paid out in damages.

And let's not forget the lawyers. They make money no matter who wins or loses.

I can't imagine how much money Lower Providence will shell out in legal fees for what are arguably frivolous lawsuits over the next six years if this pace continues. As the rest of the county is painfully aware, we are in a severe recession and can ill afford to waste precious resident tax dollars - dollars that aren't flying into the coffers like they used to - on contracts that were lawfully awarded, unnecessary appeals and redundant briefs.