Oh, Montco! You Shouldn't Have!

Over the past few months, as we’ve tried mightily to get specifics about the sale of Parkhouse, the winning bidder’s response to the Request for Proposals has become a Holy Grail of sorts.

What was so great about Mid-Atlantic’s proposal that clearly elevated it above all others, that made it the best option so much so that according to Mid-Atlantic’s owner Scott Rifkin they were asked to increase the amount of their bid? And what does the company that has ‘no set plans’ for the 200+ acres of wide open fields really intend to do with it?  I mean, it’s one thing to talk, but it’s what’s in writing that matters. And yet Montco has remained steadfast in their refusal to release that document.

After days, weeks and months of asking for that proposal and being denied repeatedly by Montgomery County, you can imagine my excitement when last evening an email quietly appeared in my inbox from Montco solicitor Josh Stein’s office.  Was this the Mid-Atlantic proposal at long last?

Alas, it was not to be. What I received was the equivalent of a gift-wrapped empty box.  I don’t know if Mr. Stein believes we don’t know the difference between what they sent and what we asked for - the actual Mid-Atlantic Healthcare proposal - but what they provided was the Asset Purchase Agreement (APA) – minus all the detailed schedules that are the real meat of the APA  -  plus an amendment. It was accompanied by the admonition that “Given the recent announcement that the sale will not close on January 31, 2014, there will likely be another amendment; however, that document has not yet been drafted”.


'Tis the proposal we seek!

So, even though it doesn’t reveal much, I am providing the APA and amendment here and here. If the Commissioners were hoping that this release gives them some sort of credibility in the ‘transparency’ argument, well, ok….you released some papers we didn’t ask for. Thanks, but it doesn’t mean you are off the hook.

My response to Mr. Stein is captured below:

“Dear Mr. Stein,

While I am thankful that you sent me the APA and amendment, I think you will agree that these documents are fairly meaningless without the associated schedules. Please provide those at your earliest convenience as they are not exempt from disclosure.

Furthermore, again, while I am glad that at long last Montco is releasing something meaningful about this transaction, it is not what I requested which, as you surely must recall since I have requested it at least three times myself (and others have requested it), was Mid-Atlantic Healthcare’s response to the RFP. I have also requested copies of the non-winning bids which also have not been disclosed. I am yet again asking that those be provided as there are no legitimate reasons for the County to continue to withhold any of these documents.

For your reference I am again attaching the PA Office of Open Records’ second Final Determination that I have been granted in this matter directing your actions.

~ Janice Kearney”
 

There's been no response from Montco. I'm still waiting....

 

 

Montco using Open Space as a piggy bank

The following is the full text of my latest letter to the editor, which has so far appeared in the Intelligencer.

There was a time in recent memory when the term Open Space meant something in Montgomery County. It meant that land was set aside to preserve it for future generations to enjoy. It meant that the community where it was located would be protected from overdevelopment. It meant that towns and municipalities could plan their neighborhoods with intelligence and foresight.

It used to mean all of that. For thirty some years, Montgomery County has been accumulating open space for all of these reasons. In fact, in 2003 Montgomery County voters overwhelmingly (78%) voted in support of a referendum on the ballot supporting higher taxes to the tune of $150 million earmarked for the purchase of Open Space.

One bad investment later and Open Space is nothing more than a piggy bank to be raided in order to bail out the County budget. The Commissioners have tried but failed to provide a compelling reason to sell the Parkhouse Geriatric Facility. They have not even attempted to make the case for the sale of 220 acres of Open Space.

The Montgomery County Commissioners are trying to pretend that they still value Open Space by splitting legal hairs over the definition of what is and is not considered Open Space. This not only ignores the spirit and intent of the Open Space program, but more importantly, it ignores the Montgomery County Planning Commission documents that clearly define the property surrounding Parkhouse as Open Space.

I can understand the argument for privatizing the geriatric center, but there is no need to include the land if, as the County says, they simply want to get out of the geriatric business.

In August 2012, Dr. Scott Rifkin of Mid-Atlantic Health Care sent an e-mail to Commissioner Josh Shapiro to express his interest in purchasing the Parkhouse facility and grounds. Six short months later, in February 2013, the Montgomery County Commissioners took the first official step required to sell the Parkhouse by voting to issue the County’s RFI. After an evaluation of all bids was conducted by a working group consisting only of county employees hand-picked by the Commissioners, this process ultimately concluded with the Commissioners agreeing to sell Parkhouse to none other than Mid-Atlantic. As the Logan Square Studio Center began sliding towards its inevitable bankruptcy and the consequences of that poor investment began to become apparent, one must wonder if the Commissioners’ sudden interest to exit the geriatric care business was sparked by Dr. Rifkin’s e-mail to Josh Shapiro.

Dr. Rifkin himself told Upper Providence Township that the $3 million line item for the land on the County-distributed Terms of Sale distributed on October 8, 2013 is simply a place holder and not reflective of the actual value of the land. Furthermore, he told Upper Providence Township that he was asked by the County to increase his original bid because of all that he was getting. One must wonder why Mid-Atlantic, an organization that maintains it is not in the land development business, would allow the County to drive up the price on the deal based on the inclusion of land that Mid-Atlantic claims it doesn’t need or have any “set plans” for.

Meanwhile, the County continues to insist that the Parkhouse sale is a “done deal” while simultaneously refusing to release the terms of the sale because the sale has not been “finalized.”

All of this, while proclaiming at every turn that this process has been “transparent.”

There was a time in recent memory when words used to mean something in Montgomery County, too.

Lisa Mossie
Vice Chairman, Board of Supervisors
Upper Providence Township