Tuesday, January 28, 2014

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....

 


 

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