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

How the Grinch sold Parkhouse

Commissioners, why? Why are you selling our open space? Why?

At the end of November, Dr. Scott Rifkin, the principal of Mid-Atlantic, contacted me requesting a one on one meeting. For a number of reasons, I thought that a meeting of this nature was a bad idea, not the least of which is that I believe that the last thing that would be beneficial for Upper Providence in a transaction that has been characterized by a lack of transparency is yet another meeting behind closed doors. I suggested instead that Dr. Rifkin attend a public meeting of the Upper Providence Township Supervisors where the public could attend as well. Citing concerns that a large public meeting would seem too much like a "political event" where citizens would get caught up in their emotions and that large public forums "lend to grandstanding and posturing," Dr. Rifkin insisted on a much smaller delegation. Dr. Rifkin was particularly concerned about the press being in attendance and insisted in more than one correspondence that the press should NOT be invited because of "political posturing and grandstanding."

As a compromise, I offered for our first meeting the Upper Providence staff meeting, which is a typically a lower-key, but still publicly advertised meeting where all three Township Supervisors would be present. I also insisted on having one or two members of the public present as well. Dr. Rifkin agreed to come to our staff meeting on December 18.

I asked for two volunteers from the community to be present at the staff meeting. Ray Emrich and Joe Haney volunteered. In the days leading up to the meeting, I heard from several additional residents who wished to be included in the meeting, but, as I explained in my responses to them, I had given my word to Dr. Rifkin that this meeting would be limited to two members of the public. As this was our first meeting with Dr. Rifkin, I thought it was of the utmost importance to establish this relationship in good faith by honoring my word and I did not want him to feel "ambushed." Our complaint, after all, ultimately is not with Dr. Rifkin, but with Montgomery County. Every member of the community I spoke with agreed that this was the best way to proceed.

Dr. Rifkin showed up one hour late for the meeting, explaining that he got lost on the way to the Township building, which is literally 1.4 miles away from Parkhouse and on the same road as his proposed $39 million investment.

Below is the update I sent to the community regarding the December 18 meeting:

-----Original Message----- From: Lisa A. Mossie To: XXXXXX Sent: Wed, Dec 18, 2013 5:04 pm Subject: Parkhouse Update

Hello Everyone,

Township staff and Ray Emrich met with Dr. Scott Rifkin today. I feel that we gained very little new information today, but did establish a working relationship with Dr. Rifkin and by association, Mid-Atlantic Healthcare. Dr. Rifkin suggested that a small committee be designated to meet on a regular basis to discuss the Parkhouse land going forward. More on that in the coming days as it takes shape. I would like to have one or two representatives from the Community included in this group.

Dr. Rifkin’s remarks centered upon Mid-Atlantic’s ability to run Parkhouse at a profit. He gave us a lot of background on his operations and the history of his company and some contacts we could call to gather information on Mid-Atlantic. He emphasized that he is not a developer. He stressed that it was important to him to have a good relationship with the Community he serves.

Dr. Rifkin gave us assurances that Mid-Atlantic has no current plans to develop the land, and he says that they are at least a year or two away from even considering doing anything with it. His immediate concern is addressing the operations and efficiencies of the senior center. Some intriguing ideas were tossed about for the land, most of which involved the preservation of the majority of it as open space. The concern I expressed to Dr. Rifkin was the public’s loss of access to the land once it comes into private ownership. Dr. Rifkin acknowledged this concern and until his development plans are finalized, expressed only one reservation regarding allowing continued public access to the land, and that was one of liability insurance, which I agree, is a legitimate concern for Dr. Rifkin once he owns the land.

When asked directly, Dr. Rifkin stated that the land was NOT critical to maintaining the ongoing operations of the senior center and that he had no plans to “flip” the land once taking ownership. I asked him if he did end up selling the land, would he consider giving he Township the right of first refusal, which he said he probably would.

Dr. Rifkin did state that the purchasing agreement with the County has been signed and that he personally saw no reason why the county would not release the terms of the sale, but he could not give us those details as it was proprietary of the County. Dr. Rifkin says he purchased the land because the County did not offer the purchase of the facility without it.

I told Dr. Rifkin that while I believe it is important that we establish the group to work with Mid-Atlantic going forward, the Township’s position is that the property is Open Space and that we will continue to fight the county to keep the land in public hands. The county and the township have both designated and assumed the land around Parkhouse would remain open space; the Township’s comprehensive plan, which has been widely recognized for its excellence, will be essentially nullified if this 220 acres of open space is developed.

Ray, please feel free to add your impressions or anything you think I may have missed.

Lisa Mossie

It came as a somewhat unpleasant surprise to me and several members of the community to have the following email arrive in our inboxes on Christmas Day:

To the Lower Providence Community

It has come to my attention that a rally regarding the Parkhouse land issues is planned for this week. This seems to be more motivated by political career building than to any attempt to solve substantive issues.

On December 18, I met with the entire leadership team of the township in a meeting. The tone of the discussions were positive and there was an open discussion of the community's interests regarding Parkhouse and the associated land. I found the discussion to be positive and the tone to be congenial and aimed at finding the best possible outcome for all parties. The elected officials as well as staff and local residents attended.

At the meeting, I made it clear that Mid-Atlantic Health Care is a provider of high end skilled rehabilitation and nursing home care. Our focus is on patients not development and that we have no set plans for the land. We also offered to meet with an ongoing committee from the community to plan together how the land is best used. We even offered to keep the land available for public use if the township could help us solve legal liability issues. I walked away from the meeting believing we had agreed on these first steps and that we would work together on these issues.

I am, therefore, somewhat surprised that a public protest is scheduled. The purchase agreement has been signed by MAHC and the County. The sale will close at the end of a very short due diligence period. The property, which was never designated by the County as permanently preserved "open space", will be privately held. As the property owner, we care deeply about our relations with the community and have held out the olive branch and asked for planning assistance and a collaborative effort. Other than political career building I can't understand the motivation of the protest organizer. I sincerely think this is an occasion where more will be accomplished with collaboration than with confrontation. I look forward to meeting with the committee discussed at the previous meeting and to working with the solicitor to address liability issues so the land can stay in use. My email is xxxxxxxxx@gmail.com for anyone who wishes to reach out to me directly for further discussion or information.

Have a wonderful holiday season,

Scott Rifkin, M.D. Managing Partner MAHC

Sent from my iPad Sent from my iPad

I received a duplicate email immediately thereafter addressed "To the Upper Providence Community." Apparently, the press-shy Dr. Rifkin also sent his letter to the local media. That evening, the Times Herald posted the following story to their website:

COURTHOUSE — A group led by Upper Providence Supervisor Lisa Mossie will plans (sic) to protest the sale of the Parkhouse facility in Upper Providence outside of the Montgomery County Courthouse Saturday at noon.

Along with protesting the sale of the facility itself, the group is also opposed to the sale of the 220 acres surrounding Parkhouse. Mossie and opponents of the sale say the area is protected open space.

The county maintains the land was never designated as open space and just went undeveloped while the county owned it.

In a letter to the residents of Upper Providence, CEO of Mid-Atlantic Health Care Scott Rifkin said he was unsure why a protest is happening when he’s done all he can to work with the township.

Rifkin also stated he has no plans to develop the land and is trying to work with Upper Providence officials to keep the land open to the public.

“Our focus is on patients, not development, and that we have no set plans for the land,” Rifkin wrote in an email to Upper Providence residents. “We also offered to meet with an ongoing committee from the community to plan together how the land is best used. We even offered to keep the land available for public use if the township could help us solve legal liability issues.”

I responded to Dr. Rifkin the following day:

Dear Scott,

If you wanted to address the residents of Upper Providence, it seems to me that a far better option than emailing people on Christmas would have been to appear at a Monday evening Township meeting as I originally suggested when you first proposed to meet . I’m not sure from whence you have discerned the motives of the rally, which was suggested and organized by one of our residents, but in Montgomery County, where the landscape is littered with the lives and political careers of those who have found themselves on opposite sides of the issues, there are far easier and safer ways to engage in “political career building” than taking on the current County administration.

That being said, I reiterate my remarks that I made to you on 12/18: The land surrounding Parkhouse that you propose to buy is Open Space and should never have been offered for sale by the County. There is plenty of Montgomery County Planning Commission evidence to back this up. I believe that the sale of Open Space by the County constitutes a breach of the public trust and I would prefer to see this land remain publicly owned.

As I recall, I told you I intended to fight for the land and even said that I hoped you wouldn’t take it personally. The rally should not be a surprise to you at all.

Lisa Mossie

Dr. Rifkin's reply to me was:

Lisa,

Thanks for the nice note. Not taking it personally.

I am working with the assumption that the sale will go through and that I will need to work closely with the township leadership to find common ground. Contracts have been signed.

I appreciate the offer to participate in a Monday night meeting but find that such meetings rarely solve issues. There are just too many folks to take the time and attention to detail needed to solve these issues. However, once we have worked together on the issues and found common ground then I'd be happy to go hand in hand with leadership to discuss that common ground with the public.

Lisa, as for the Christmas email, that may not be great timing by our folks but I don't think anyone had to open it on that day. I am Jewish and must admit that I have received many an email from some non-jewish person on a high holiday. I simply wait for the holiday to be over. I'm never offended as I don't assume that Christians pay much attention to our holidays.

I am eager to meet with you and the Township staff whenever you are ready to discuss two basic issues. One, how we keep the land open to folks who wish to use it in the next few years. Two, how we plan the possible uses over the long term. Your solicitor seemed open to a discussion of liability so we can keep the land open immediately. We obviously don't want someone hunting to shoot someone walking a dog and then be held liable. Let me know when is good to meet.

Thanks and hope your Christmas was wonderful,

Scott

Dr. Rifkin has insisted on several occasions that he is not a political man and has no desire to get in the middle of a political battle. Nevertheless, it appears that is exactly where the County has put him. The insistence that the resistance to this sale is about political career building and not about the loss of precious Open Space, and the County Commissioners' breach of the public trust in selling it, is a canard that I have heard several times. It's insulting and hurtful to the residents of Upper Providence, who deserve to have their concerns taken seriously and not spun into a media message in an attempt to pretty-up the ugly facts about this sale.

My advice to Dr. Rifkin, in this somewhat "open letter" to him, would be that he should stop taking political cues from One Montgomery Plaza. Recognize that the outrage over the County's betrayal of the taxpayers is real. When one sends an email with the subject line, "Parkhouse" on Christmas day, understand the community's emotional connection to this property, recognize that most people get their emails on their phones (or iPads) and know that they will open that email immediately.

The residents of Upper Providence understand that there would be no "issues to resolve" if the land remained in the hands of the public. Their complaint is not with Mid-Atlantic or Dr. Rifkin; it is with the County Commissioners who should never have put Open Space up on the auction block.

Evidence that the Parkhouse acreage is Open Space

Immediately following the Montgomery County Budget Hearing on December 12, the Chairman of the Montgomery County Commissioners, Josh Shapiro, stated that, with regards to the 220 acres surrounding Parkhouse,

"[T]he term open space is being used 100 percent inaccurately. It is not county-protected open space and the county is the only entity that can deem it to be open space."

Perhaps Mr. Shapiro may want to revise that "100%" estimate down. Considerably. The map below is the Montgomery County Planning Commission Future Land Use map from 2005:



The pdf below is an except from the Montgomery County Planning Commission's Comprehensive Plan dated 2005:



The map below is the 2005 MCPC Montgomery County Rural Resource Areas



The map below is the Montgomery County Planning Commission Future Land Use plan dated 2010:



Montgomery County defines their Open Space Plan on their website thusly:

Open space. Natural areas. Farmland. Scenic views. Historic properties.These important resources are essential to Montgomery County’s high quality of life.Yet, as the county is developed, these landscapes and heritage resources are lost.Our county has an abundance of beautiful and important natural assets, including rolling farmland, historic properties, scenic streams, and wooded ridges, that should be preserved for future generations.While 28,000 acres of these assets had been permanently preserved by 2000, this only represents 9 percent of the county's total area.

Recent development has put pressure on the remaining unprotected resources.If current development trends continue, more of these assets will be lost than necessary for normal growth and development. Open space and cultural resources provide recreational opportunities, improve the environment, and add to everyone’s enjoyment of everyday life.In addition, these resources have a strong economic impact, both directly through tourism and farming and indirectly by making the county a more attractive place for workers and businesses.The Open Space, Natural Resources, and Cultural Resources Plan is an important element of the county's comprehensive plan.It focuses on preserving and interconnecting critical open spaces and natural areas, expanding county trails, increasing farmland preservation, and preserving historic properties.

On Page 116 of the Montgomery County Open Space, Natural Resources and Cultural Resources Plan, Parkhouse and the Upper Schuykill Valley Park are discussed in depth:

An existing master plan for this park focuses on three objectives: protection and enhancement of the park’s significant natural resources through promotion of environmental stewardship, preservation of land necessary for park activities, and implementation of a continuous trail network centered around the park. The recent emphasis on the Schuylkill Greenway makes the park a regional hub for river recreation, environmental education, and interpretation of the agricultural heritage of the county’s river corridor. For this reason, the master plan should be updated to address the additional opportunities presented by this greenway relationship.

Upper Schuylkill Valley Park’s most significant natural feature and scenic resource is the Schuylkill River (1). The park’s location along the riverbank provides both visual and physical access to the river. Motorized boats in the Black Rock Dam Pool have caused considerable erosion of the riverbank. Boats access the river from the Pennsylvania Fish Commission’s boat launch across the river from the Upper Schuylkill Valley Park. A riparian restoration project currently underway along the river will protect and enhance the natural and scenic qualities of the park’s waterfront. The county should work with Chester County and the Fish Commission to manage use of the river and to develop additional protection and restoration strategies for the riverbank.

Upper Schuylkill Valley Park is bordered and buffered from surrounding development by farmlands belonging to the Montgomery County Geriatric Center (2). Loss of any of these lands would impact the park’s scenic views and unique agricultural character. All of the property associated with the Geriatric Center extends the park’s open space and should be permanently preserved and maintained as an example of farming practices in an otherwise suburban area.

The proposed Schuylkill East Trail, synonymous at this location with the Schuylkilloop Trail, will pass through the park and will be a spine for local connections to Upper Providence Township’s community park, the Schuylkill Canal Recreation Area at Mont Clare, and adjoining neighborhoods and corporate campuses. This more regional focus provides an opportunity to adaptively reuse an uninhabited farmstead (3) located at the lower end of the park as an interpretive facility and visitor center.

A future project called Schuylkilloop Gateway will create a river hub that is accessible to visitors of all ages and interests. Because this section of the river includes scenic ravines and bluffs, any opportunities to protect views, buffer natural resources, or enhance the Greenway in this area should be considered high priority for acquisition and protection, especially the riverfront portions of the former Malickson and Rivercrest properties, both now under development (4). In addition, properties that could fill gaps between county-owned parcels farther west along Dreibelbis Road (5) should be considered of primary importance.

On page 6 of the deed for the Puhl tract, linked below, it clearly states that "the Open Space Department and the Montgomery County Geriatric and Rehabilitation Center recommend the acquisition" of the parcel and that the "Open Space Department recommended an offer of $89,000" and "it is in the best interest of Montgomery County to attempt to purchase this property in lieu of condemnation rather than proceed through condemantion proceedings."



Finally, linked below is the Montgomery County Planning Commission review letter sent in response to Upper Providence Township's Open Space ordinance, proposing to re-zone the Parkhouse parcel as Open Space. The review letter is dated May 17, 2013. This review letter states that rezoning of the Parkhouse parcel as open space "is not consistent with current County land use planning objectives," however, it goes on to say that the rezoning this parcel as open space is consistent with Upper Providence Township's Comprehensive Plan Update (2010) and Open Space Plan (2006), both of which were reviewed and approved by the Montgomery County Planning Commission at the time of their adoption by the Township.



According to the evidence, which, I remind you, is 100% supplied by Montgomery County, the only thing that is being represented "100% inaccurately" is the that the acreage that Montgomery County Commissioners are selling is NOT Open Space.

CBS3 picks up the Parkhouse story

Story below from CBS3:

By Steve Patterson

ROYERSFORD, Pa., (CBS) – Montgomery County Commissioners say they’re in finalizing plans to sell a large nursing care facility, while opponents are getting vocal on worries about privatizing care and how the company will use the land around the site.

County officials want to sell the Parkhouse, a nursing home that houses some 500 residents, employs nearly 700 people and sits on about 200 acres of land. The deal is set at $39 million from the private Maryland company: $36 million for the facility and $3 million for the land.

“The fear is that if it goes into private hands, we wont be able to guarantee it remains this pristine space,” said Upper Providence Township Supervisor Lisa Mossie. She is leading the opposition charge for the County to provide more reasoning on their decision and more assurance about what happens when the property changes hands.

“My concern is that the motivation of this sale is not so much to privatize this, as it is to fix a budget problem that Montgomery County already has…. to plug a hole,” she said. “And when that is your motivation, then I question everything about it. You have to.”

Upper Providence Resident Sharon Gehman placed her mother in the facility 13 months ago and is now worried about how care will change when the facility becomes privatized.

“We’re being assured by the commissioners and Mid Atlantic that nothing will change,” she said. “My fear is that the quality of care will change. The staff here is exceptional and you always have to worry that when something’s being privatized, something will change. These assurances don’t feel real.”

County Commissioner Josh Shapiro says a private company will only improve care, resolve debt and ease the burden on taxpayers.

It’s a very small minority that’s misconstruing the facts purposefully to try and create hay where there is none,” he said. “At the end of the day, our residents are going to be better off, employees will be protected and the community will benefit from having this back on the tax rolls.”

The finalized date is currently set for January 31st.

Timeline of Significant Events in the Parkhouse sale

February 21, 2013 The County's RFI for Parkhouse was issued. It was "exploratory" in nature and no mention of the surrounding land was included in the original RFI posted on Montco's website:

The County of Montgomery is soliciting proposals of interest from qualified individuals or entities in the private sector (not-for-profit or for-profit) to purchase, lease, or form a public/private partnership for the County owned and operated nursing care and rehabilitation facilities known as Parkhouse, Providence Pointe, Riverview Adult Day Health Services, and Montgomery Meadows Independent Living Suites.

March 2013 Upper Providence learned of the possible sale of Parkhouse via various news reports about the County's issuance of a "Request for Information" ("RFI"). At the time, the Township Planning Commission was working on various "cleanup" of zoning ordinances, including the Institutional Overlay ("IN") and the designated open spaces in our Township, both of which apply to the Parkhouse parcels.

March 26, 2013 Two Township applications were initiated. One to update Upper Providence's zoning map to include several parcels of Township-, County-, and State-owned land in the Open Space Conservation ("OSC") district and another to clean up several housekeeping issues with the IN institutional district.

May 17, 2013 Upper Providence received the Montgomery County Planning Commission review letter dated May 17, 2013 with comment on the Township's intention to re-zone the aforementioned public spaces. The MCPC letter (linked HERE) recommended re-zoning all County, State and Township spaces, except the Parkhouse parcels, stating that

...the Open Space Conservation District may is not (sic) consistent with current County land use planning objectives. We point out that the R-1 Residential-Agricultural District zoning may be more in keeping IN/R-1 District zoning than OSC zoning, which does not allow development (emphasis mine). Permitted uses in the OSC District include open space preserves, wildlife sanctuaries, forest or woodland preserves, and reforested land

Accordingly, the MCPC recommends that these two particular properties, with its on-site geriatric facility, be removed from this list. We find that classifying the other, remaining County-owned parcels listed in this ordinance as OSC Open Space Conservation is appropriate and consistent with the County Comprehensive Plan.

It should be noted that the County review letter goes on to further recommend that rezoning ALL of the properties listed in the ordinance were found to be consistent with the Township's 2010 Comprehensive Plan Update and the Township's Open Space Plan, both of which were reviewed and approved by the County at the time of their adoption. It is safe to conclude from this letter that the County's objectives for this land changed at some point between July 19, 2010, which is the date of Upper Providence's Comprehensive Plan update, and sometime in 2013.

June 6, 2013 Montgomery County issued the "Request for Proposal" ("RFP"). A copy of the RFP, without the map, was provided to Upper Providence by Montgomery County on July 22, 2013 and that copy is linked HERE.

The RFP states,

The County is willing to consider all proposals, which could include, but is not limited to, the purchase of one, two or all of the Parkhouse facilities and related/other assets, including the land on which Parkhouse is located.

July 16, 2013 Upper Providence Township's first direct contact with Montgomery County. Representatives from the County indicated that they had received several responses to the RFP but did not offer details when asked. Montgomery County officials expressed concern about the Township's pending OSC and IN ordinances.

August 19, 2013 The Township held hearings on the OSC and IN ordinances as part of the regular work session. The Board of Supervisors passed both of these ordinances by unanimous vote over protests from County officials present at the meeting.

October 3, 2013 Upper Providence Township staff met with County representatives to introduce the proposed subdivision of the park from the main parcel west of Route 113. The County questioned a "natural subdivision" by right because of Route 113.

October 8, 2013 Representatives from Upper Providence Township attended a meeting at One Montgomery Plaza where the "Working Group" of County employees assigned to evaluate the bids for RFP makes a presentation to the County Commissioners. A presentation from Dr. Scott Rifkin, of Mid-Atlantic Healthcare, LLC is also included.

October 17, 2013 Montgomery County Commissioners vote unanimously to approve the sale of Parkhouse to Mid-Atlantic Healthcare LLC

November 3, 2013 County representatives meet with the Upper Providence Board of Supervisors and is advised by the Board that a sub-division application should be submitted for the requested sub-division on Route 113. Upper Providence Planning and Zoning is instructed to place the application on the next available Planning Commission Agenda.

November 12, 2013 Montgomery County submits sub-division plan.

November 13, 2013 Upper Providence Planning Commission reviews plans and tables action to December 11, 2013.

Upper Providence Township did not receive any kind confirmation of the intent to sell this land from the County until the RFP was issued in June, however the MCPC letter of May 17, 2013 piqued my suspicions in May. What no one knows at this point, not the public or the Township, is what Mid-Atlantic intends to do with that land now that they have been awarded the bid. To date, despite numerous requests to the County, including records requests under Pennsylvania’s Right to Know Law, the terms of the winning bid have not been disclosed to Upper Providence Township or the public.

Upper Providence's request is simple: if the land is not critical to the successful operation of Parkhouse by Mid-Atlantic, would the parties consider altering the terms of the deal to exclude the land from the sale or offer to dedicate it to the Township? If the land is critical to the successful operation of Parkhouse by Mid-Atlantic, Upper Providence would appreciate the disclosure of the plans for that land.

Most. Transparent. Administration. EVAH.

What follows is the County's response to Upper Providence Township's Right to Know request:

Dear Mr. Skypala:

Thank you for writing to the Montgomery County Open Records Office with your request for information pursuant to the Pennsylvania Right-To-Know Law (“RTKL”).

On November 21, 2013 we received your request. Please be advised that we require additional time to respond to your request, pursuant to 65 P.S. § 67.902.

This right is being asserted for the following reasons:

a. a legal review is necessary to determine whether the record(s) is a record(s) subject to access under the Act;
b. to determine if the request requires redaction of a public record(s); and
c. bona fide staffing limitations (in retrieving and reviewing the record(s) requested).

We presently estimate that a response will be available no later than, December 21, 2013.

Natasha Taylor-Smith, Esquire
Assistant County Solicitor
Montgomery County Solicitor’s Office
P. O. Box 311 Norristown, PA 19404-0311
Ph: 610-278-3033
Fax: 610-278-3069
NTaylors@Montcopa.org

Considering the State Office of Open Records has already directed Montgomery County to release this document to Janice Kearney, you'd think they'd have it pretty close at hand.

Historic Parkhouse Established 1807

Parkhouse, Upper Providence, boasts rich, 200 year history
By Jenny DeHuff, Pottstown Mercury, September 9, 2013

UPPER PROVIDENCE — It began as almshouse for the less fortunate, but the Parkhouse nursing care facility in Royersford has come a long way since it opened its doors in 1808.

On June 7, 1808, Thomas Jefferson was president and Pennsylvania’s second governor, Thomas McKean, was nearing the end of his third term. Parkhouse, then known as the county almshouse, opened that day to serve a vast number of Pennsylvanians in need of charitable housing.

According to Sally Hawk-Jones, director of activities for Parkhouse Providence Pointe, Montgomery County purchased the land from Abraham Gotwaltz in 1806. It was on 256 acres at the time, which later grew to 296, close to where it stands today.

The Parkhouse complex itself comprises three main buildings. The oldest, referred to as the West Building, dates back to 1872. The cornerstone of the centrally located building is marked “1900,” and the North Building, and youngest, was erected in 1972.

Today, they are known as Montgomery Meadows, Parkhouse Pointe and Riverview Meadows, and together they offer independent living suites, short- and long-term rehabilitative care and adult day health services, respectively.

“It was an almshouse, a house for paupers, essentially,” Hawk-Jones said. “So the county started building almshouses because it was the county’s charge to take care of the indigent. That’s how it all got started. Prior to that time, money was made available to take care of people who had nothing. State government, by way of the townships, used the money to take care of the people in the community. It kind of makes me think about the old Charles Dickens (philanthropy).”

The almshouse was entirely self-sufficient, Hawk-Jones said, having gardens to grow its own vegetables, stables to keep horses and other farm buildings, such as a unique barn known as the Sweitzer barn, which was unusually large for its type in that day.

The almshouse building was leveled to the ground by fire in 1821 and again destroyed in a fire in 1872, Hawk-Jones said. Six residents died in the latter blaze.

The barn, too, and many of the farm-related outbuildings were destroyed by fire in 1867. The large, red barn that exists today was built in the late 1860s. It and other farm buildings across the street (Route 113) from Parkhouse are now part of the county park system.

Many of Parkhouse’s early residents were of German descent, and a list of its directors and overseers from the early 1800s to today lies within the administrative offices.

Parkhouse was also recently recognized as a bird habitat with the Audubon at Home Program
More history on Parkhouse can be found at the following links

Mongomery County Almshouse - Asylum Projects
Bean's History of Montgomery County PA

Montco to Public: "We have to close the sale in order for you to find out what's in it."

Lower Providence resident and community blogger/paralegal Janice Kearney has had a Right to Know request (RTK) submitted to Montgomery County regarding Parkhouse since early September. Ms. Kearney's request of the County was simple: disclose the details of the winning bid for the sale of Parkhouse and the names of the other bidders. But it would appear that the County is more interested in playing games and muddying the water than being transparent. Consider the timeline below, and keep in mind, the Right To Know Law is the minimum an agency must do. There is nothing precluding them from providing more than what you ask for or faster than the Law states.

Also keep in mind that the County is pushing hard to close this sale by the end of this year. Are they trying to run out the clock?

Her notes follow:

September 6, 2013 – I filed original RTK with Montgomery County seeking information relative to RFP 13-27 (the Parkhouse request for proposals). 

September 13, 2013 - Montgomery County’s Assistant Solicitor, Sharon Glogowski (instead of the Open Records Officer) neither denied nor granted the request, but requested an additional 30 days to respond.

October 2, 2013 - Montgomery County’s Director of Purchasing, Joseph Coco (not the Open Records Officer)  wrote, in response to the 9/6/13 request, claiming that they could not produce the requested materials because the RFP had not yet ‘been finalized and cannot be produced at this time’. (I don’t know why they couldn’t have just told me that on September 13 instead of asking for more time).

I was advised to ‘wait a few weeks to a month, and check back to see when the contract becomes finalized or [I] could resubmit another RTK request in a few weeks’ or a months’ time”.

The way the Right to Know Law works is, if the agency does not formally grant or deny the request, or ask for an extension of time, within five business days, it’s ‘deemed denied’.  

October 8, 2013 I filed a second RTK with Montgomery County because I was aware that a decision had been made as to whom the bid would be awarded to, and that it was going to be announced at a meeting scheduled for 10 am October 8. The meeting was indeed held, the winning bidder announced and it was recommended to the County commissioners that they sell to this bidder, Mid-Atlantic Healthcare. No other bidders’ names or proposals were disclosed at the meeting and the winning bid package was not made available either at the meeting or subsequent to the meeting.  

Also on October 8, 2013 I received a response from Montgomery County’s Office of Open Records indicating that they were considering my two requests as one and that the ‘information requested will be sent to you as soon as the RFP is finalized’.

October 17, 2013 – the Montgomery County Board of Commissions voted unanimously in a public meeting to accept the proposal of the winning bidder (Mid-Atlantic Healthcare). They distribute an internal email documenting same, a press release, and the story is covered in the press.

October 17, 2013 – Joseph Coco, Director of Purchasing (not the Open Records Officer) writes and again claims the requested documents have not yet been finalized and cannot be produced, again advising that I wait “a few weeks to a month, and check back to see when the contract becomes finalized or I may instead submit another RTK request in a few weeks or a months’ time”.

I responded via email, asking him to please define what the County means by ‘finalized’ as the Right to Know Law does not make any such distinction as a prerequisite for disclosure. Proposals are to be disclosed when the bid is awarded. I am still awaiting a response to that question. Surely, it cannot mean when all agreements are executed at the closing of the sale at the end of the year. How is the public supposed to have meaningful dialogue and ask questions if we can’t even know what the winning bidder (or other bidders) proposed until after the sale closes? No one knows whether the winning bidder is proposing to continue operating the facility as is, what additional operations they might plan, or what is intended for the 200 acres of adjacent open space and the potential impact any development of same might have.

October 22, 2013 – considering this a ‘deemed denial’ situation, I filed an appeal of the deemed denial with the Pennsylvania Office of Open Records (PA OOR).  The appeal is accepted as being filed timely and the Commonwealth begins their review, which must be completed within thirty days.  As soon as I filed the appeal, the County turns over the list of names of the other 9 bidders whose proposals were rejected.

During the 7-day period in which additional material can be submitted to PA OOR  in support of a party’s position, the County supplements the record with an argument of how they do not need to disclose the contents of the proposal because the transaction is not “finalized”. I supplemented the record, making the case that the Law does not have any requirement for ‘finalization’ as a prerequisite for disclosure.

November 18, 2013 -  PA OOR issues a Final Determination granting my appeal. However, the Decision fails to recognize, erroneously, that I did request the proposal itself along with the list of bidders. Despite the fact that both the County and myself recognized that the proposal was the main subject of the appeal, and our supplemental arguments dealt with that document, PA OOR inexplicably exempts the proposal from their determination. It does direct that the County turn over the list of bidders (which they did upon my filing of the appeal) and any other records responsive to the request other than the proposal itself.

When I contacted PA OOR and showed them that yes, in two places I had requested the proposal, they reviewed the matter further. They admitted they were wrong and that I had requested the proposal, but that they will not revise their Determination because technically at the time I made the second RTK request the award had not yet been made. They consider the contract award date to be October 17, 2013 and direct me to file a third RTK with the County.

November 18, 2013 – I filed a third RTK with the County and ask them, in the interest of dealing in good faith, since they could have made this available anytime since October 17, to waive the 5-day period of time they are permitted to wait before granting or denying this request.

The five days goes by without response. Since it's 'deemed denied', I filed another appeal with the PA OOR on November 26.

In the meantime Upper Providence Township has filed their own Right to Know requests.

November 25, 2013 - I filed a Right to Know request for all emails pertaining to the Parkhouse sale between the commissioners themselves, the commissioners and the bidder, and  the commissioners and other county employees, as well as the nine rejected proposals.

November 29, 2013 - Montgomery County's response to the 11/25 Right to Know requests is to ask for a thirty-day extension of time to determine if they can release them. The PA OOR has already stated that the winning and rejected bids should be disclosed as of October 17, 2013. To date the County has made none of this available.

 

 

Upper Providence Planning Commission Meeting, Parkhouse Subdivision 11/13/13

"If you like your geriatric facility, you can keep your geriatric facility"

As an Upper Providence Township Supervisor and a resident of Montgomery County, I am troubled by the lack of transparency surrounding the sale of the County’s Parkhouse facility on Black Rock Road. The proposed sale, which the County is rushing to close before the end of the year, includes approximately 220 acres of rolling farmland in my township that has been designated as open space on County planning maps since at least 2005. It was designated as permanently protected open space in the Township’s 2006 Open Space Plan which was then incorporated into the Township’s 2010 Comprehensive Plan.

As a Township Supervisor, my concern is for the future of this property. Once this gem of open space is transferred to a for-profit entity, its preservation cannot be assured. Why hasn’t the County offered to subdivide off the geriatric facility and keep the balance of the tract preserved as open space? On

October 8, the County Commissioners heard a recommendation from the “working group” assigned to evaluate the RFP submissions for the purchase of Parkhouse. This group, made up entirely of County employees, recommended that the RFP be awarded to Mid-Atlantic Healthcare LLC. After only eight days of deliberation and no public input, the County Commissioners voted unanimously to sell Parkhouse to Mid-Atlantic for $39 million. During that meeting, the Commissioners spoke often about the happy employees they encountered during their scheduled tour of a Mid-Atlantic facility and gushed about how nice the facility smelled. At no time during the public information session on October 8 or during the regularly scheduled meeting on October 17, did anyone tasked with evaluating this transaction address the fiscal health of Mid-Atlantic Healthcare, LLC.

Mid-Atlantic Healthcare is a company currently undergoing a rapid expansion, and has, in fact, doubled in size since 2011. Excluding Parkhouse, Mid-Atlantic Healthcare currently owns fourteen facilities in Pennsylvania and Maryland, seven of which have been acquired only within the last two years. They have financed the purchase of at least $106 million for six of these seven homes.

One of the primary reasons that the Commissioners cited for selling Parkhouse was that, according to County Chief Financial Officer, Uri Monson, the facility loses $2 to $7 million per year. Mid-Atlantic’s rosy presentation on October 8 included assurances that care at Parkhouse would not be compromised, employees would retain their level of seniority and salary and the community would continue to be served by this resource. Dr. Scott Rifkin, the principal of Mid-Atlantic, claims he can save money by joining a group purchasing organization (“GPO”); however, it seems unlikely that this strategy will be enough to not only honor Mid-Atlantic’s lofty promises, but cover the losses that Parkhouse allegedly incurs annually and the debt service of $39 million for the purchase.

This raises several additional questions: Has Mid-Atlantic committed to retaining a certain percentage of Medicaid beds, or will they abandon the Medicaid patients in favor of private pay insurance to increase their revenues? Will Mid-Atlantic need to develop the balance of the property to make its numbers add up? And if it was as simple as joining a GPO to save that much money, why didn’t Montgomery County attempt to do that before selling?

On October 30, the site of the once-proposed Studio Center at Logan Square was sold at auction for a meager $8,000, leaving Montgomery County with a gaping budget hole of $24.5 million as second position lien holder on the property. There remain many unanswered questions about the uses of some $61.5 million that was poured into that site for what eventually amounted to the refurbishment of an existing office building. Since no real compelling reason has been given for the urgency of closing the sale by year end, it would be unfortunate to conclude that Parkhouse, and Montgomery County’s most vulnerable low to moderate income aging population who depend upon it, are being sacrificed simply to fill this budget hole.

There remain too many unanswered questions regarding this sale and I would urge that the County Commissioners slow down and honor their commitment to transparency by allowing for a more public vetting of Parkhouse sale before proceeding further.