Doug Heller, Commissioner, Springfield, PA

« Issues « Flourtown Country Club

Selected Meeting Excerpts relating to the Country Club

April 2007 Business Meeting

Mr. Harbison provided a brief history of the Township's responsibility to make certain improvements to the Flourtown Country Club as set forth in an approved lease. One project, including the parking lot repairs, initially was budgeted at $80,000 and through "mission creep", he believed the project has now gotten too expensive. He recently met with the lessee who is interested in improvements to the parking lot, lighting and safety improvements at the parking lot entrance. Mr. Harbison indicated that he hopes this work could be completed for approximately $200,000.

Motion (Harbison-Standish) to reject all bids received on February 8, 2007 for the reconstruction of the Flourtown Country Club parking lot and the realignment of McCloskey Road and Chestnut Lane. Mr. Harbison indicated the Board's appreciation for the bidders extending the deadline by which the contract was to be awarded and noted that the Board asked staff to redesign a more modest project that addresses the safety concerns within the parking lot.

Mr. Schaum reviewed aspects of the project that was being considered for rejection, including the realignment of the streets, parking lot entrance and lighting, all improvements that would make the parking a safer location. He noted the landscaping and rain gardens would improve the appearance and also help with stormwater management in the vicinity. Mr. Schaum asked the Board to consider awarding the project, since the capital reserve had the necessary funds allocated to this project. If the Board moved forward with simply blacktopping the parking lot, the Township would lose an opportunity to make the improvements for probably twenty years. He indicated that the tenant was required to invest over $500,000 at the Club. Mr. Schaum believes that to date the lessee has committed $700,000. Mr. Schaum indicated that the Township is investing $1.3 million at the Black Horse Inn with no tenant and no private party contributing $700,000. The redesign of the project might cost an additional $30,000 in engineering after already spending $40,000. He suggested that far more residents of Springfield Township utilize the Flourtown Country Club than will use the Black Horse Inn. The Flourtown Country Club contains 54 acres of open space, unlike the Black Horse Inn.

Mrs. Lunn suggested that it was not just sticker shock that she was concerned with, but she was not aware the bids were being prepared. Other questions have been raised with regard to the project, and she believes the bids should be rejected at this time.

Mr. Gillies suggested his belief that the Commissioners had authorized the bidding of the project. He also suggested that developers doing similar work in the Township will be required to make improvements to their facility, such as improved stormwater management. He believes the landscaping is important and noted that the Township was recently selected as a Tree City USA community because of our interest in landscaping. Since the Township has been saving the funds for this project for many years, the Commissioners are able to avoid any tax burden with regard to this project.

Mr. Dailey indicated that the rent paid by the lessee helps to pay down the cost for improvements. He expressed his concern for the lost opportunity to make safety and stormwater management improvements on this site. He believes the safety improvements alone would justify moving forward with the project.

Ms. Peirce noted that the Township Engineer indicated that the rain gardens would only provide minimal positive effect with regard to managing stormwater in the area. Mr. Schaum reminded the Commissioners that the Township recently completed a stormwater detention basin, with a second one planned, and this is another means by which the Township can improve stormwater runoff in the area. Mr. Gillies warned of existing problems in the driveway that need to be addressed as a part of a future project. Mrs. Lunn thought that porous paving should now be consider for the project.

Mr. Harbison reviewed the lease obligations for the project. He too believes the lessee has invested approximately $700,000 into the project. Mr. Harbison is willing, as a part of rebidding the project, to include improvements to the front entrance and swimming pool entrance previously discussed. He believes even the reduced project would call for the Township to invest more than initially contemplated.

Mr. Gillies stated his interest during budget discussions to return money in the capital reserve account to the taxpayers, but the Board opted to retain the money for designated capital reserve projects. If this project does not move forward, the money in the capital reserve for this project should be returned to the taxpayers. Mr. Standish indicated that the parking lot improvement project was a good plan, but unfortunately there were no options available when awarding the project. He believes the project should be rebid with a base bid and many bid alternates. He does not believe that the improvements are tied to the lease and that it is a Township property and the Board should do what they believe is appropriate for that property.

Vote, 4-3, opposed Dailey, Gillies, Schaum.

Full minutes of the meeting

May 10, 2006

During the comment period, Mr. Dailey read into the record a letter dated May 10, 2006 that read in part that Mr. Dailey wished the letter to be accepted as written evidence of his recusal from voting and participating in substantive deliberations surrounding the lease of the Flourtown Country Club. Said letter was to be incorporated into the minutes of any meetings of the Board of Commissioners in January, February, or March 2006.

Joan Parsons, 1203 Susan Circle, expressed her disappointment in the manner in which Ms. Peirce and Ms. Lunn addressed issues surrounding the Flourtown Country Club lease. Ms. Parsons also expressed her disappointment in the disrespectful comments made by Anthony Quinn, a school board member, towards a district justice who ruled in favor of Joseph Halligan related to activities that took place in his restaurant. Ms. Parsons also made generic comments related to political activities of various Board members related to the Flourtown Country Club lease. Ms. Parsons did thank the members of the Board of Commissioners for other work that they have done for the community.

Motion (Harbison-Peirce) carried unanimously to engage EMG, of Hunt Valley, Maryland, to formulate a building condition report and create a capital improvement budget for the Flourtown Country Club, for their proposal price of $5,500. The purpose of the report is to provide the Board of Commissioners a more detailed strategy in preparing for any capital repairs at the Flourtown Country Club.

Motion (Harbison-Gillies) to amend the "Rules and Regulations" of the lease with TJKFCC, LLC to operate the Flourtown Country Club by modifying the number of golf members at the Club from 400 to 450 for the current year, provided that no non-residents are admitted as new members. Mr. Dailey inquired of Mr. Kilkenny whether he should abstain from this vote. Mr. Kilkenny advised that it might be appropriate. Vote 6-0-1, Mr. Dailey abstained, to approve the motion. Mr. Dailey provided an explanation on his need to abstain from voting on issues surrounding the Flourtown Country Club. He also wished to applaud a letter to the editor from Messrs. Harbison and Standish on the activities surrounding the vote for the management of the Flourtown Country Club. Ms. Peirce informed all that she received favorable responses to her letter to the editor on the same subject.

Full minutes of the meeting

April 26, 2006 Meeting

Mr. Kilkenny noted that the Board of Commissioners posted the draft Flourtown Country Club Lease on the Township web site for the past five days. The Board was interested in receiving public comment on the lease, but asked that each participant limit their comments to five minutes each. An announcement was made that the Board would end public comment at 7:30 allowing for the Board of Commissioners to comment on the Flourtown Country Club lease.

Mary Helf, Hilltop Road, addressed the Board of Commissioners and raised the following points: (1) the extension of the lease was at the option of the lessee and suggested that the extension be granted upon agreement by both parties, (2) the rent rates were pre-set and did not consider inflation, (3) noted that the lessee was responsible for maintenance of the property, but that they were exempt from paying real estate taxes, (4) noted that additional rental was due the Township based on reaching certain levels of income, but suggested that the payments be made sooner than April 1 of the subsequent year, (5) suggested that the financial statements of the club be made available to the public, (6) noted a security deposit was to be placed with Commerce Bank and suggested that the deposit be increased over time, and the bank chosen not be specified, (7) noted in the case of a fire that rent was abated and suggested that the lessee secure business continuation insurance, and (8) noted the liquor license be secure or the agreement is null and void.

Mr. Standish suggested that answering Ms. Helf's questions with short answers would be difficult, but addressed each point raised and was assisted by Jeff Hoffman, Esq., of the Township Solicitor's office.

Robert McGrory, 501 E Mill Road, expressed his opinion that the procedure of yielding time to others in the audience would not be a good procedure to adopt to secure public comment. He also noted that Ms. Helf was the author of a recent letter to the editor suggesting that the Township sell off a portion of the Flourtown Country Club in order that the Township might create a community center on this site.

Peter Amuso, Willow Grove Avenue, expressed his concern with the Township moving forward with the lease given the pending criminal prosecution of the potential lessee. Mr. Amuso wanted to be assured that built into the lease was protection against illegal activities of the lessee, and that all the partners and affiliates must comply with the laws. He also believed the stated improvements to be built by the lessee were not specific enough.

Messrs. Standish and Hoffman provided responses to Mr. Amuso.

Meryl Hitchings, 530 Cresheim Valley Road, thought it may be appropriate to have an oversight committee formed for the activities at the Flourtown Country Club. Mr. Standish indicated the Board of Commissioners was the oversight committee.

Moe Feldman, Andorra Road, stated his support of Kathleen Lunn and appreciated her effort in working for what she believes is correct.

Judy Novey, 9200 Eagle View Drive, inquired whether the golf course and swimming pool were available to non-member residents of the Township. Messrs. Standish and Harbison explained how non-member residents would have access to the golf course, but not the swimming pool. Ms. Novey noted that the lease calls for the Township to make a substantial investment in the improvements to the facility.

Joseph Halligan, Azalea Way, stated that many of the questions raised require that the lessee police himself in order to be successful. He noted he cares for the community and would be willing to answer any questions raised at the meeting. Mr. Halligan is interested in making the facilities available to the community as desired by the Commissioners.

Ms. Lunn acknowledged the hard work of everyone who participated in creating the lease and also acknowledged Mr. Halligan's charitable activities within the community. Ms. Lunn inquired why Mr. Halligan had not alerted the Township to the criminal charges being brought against him. Mr. Halligan stated that it was his belief that the Township was indeed aware of those charges. Ms. Lunn inquired whether Kevin Lawn was still a partner in his venture at the Flourtown Country Club. Mr. Halligan indicated he was not.

Motion (Gillies-Schaum) those in favor Gillies, Harbison, Schaum, Standish; opposed Lunn, Peirce, Mr. Dailey abstained, to authorize the proper Township officials to execute a lease for the management of the Flourtown Country Club with TJKFCC, LCC.

Mr. Gillies reviewed key features of the lease which included the term, rent, insurance, improvements, maintenance, liquor license, and default issues.

Ms. Peirce commended Mr. Halligan for his aspirations. Ms. Peirce differs with the assumptions made by the Board with regard to the lease, including the base rental being too low, the percentage rate being activated at too high a level of income, and that there is no inflation escalation clause in the lease. Ms. Peirce suggested the hierarchy of needs with the facility should be the residents, then the members, and then Mr. Halligan. Ms. Peirce does not believe the lease supports the needs in the proper sequence.

Ms. Lunn stated her opposition to signing the current lease as she believes it is irresponsible to sign a long term lease when one of the parties involved is facing unresolved criminal charges. Ms. Lunn also believes it is fiscally irresponsible for the Township to subsidize a country club lifestyle for the membership, and the Township must make an investment in improvements at the facility.

Mr. Harbison stated that the new lease marks the beginning of a new era at the Flourtown Country Club. Mr. Harbison stated that in the past the Club has been inaccessible except to a few, and now the doors will be open to more of the community without a burden on the taxpayers. The lease will generate higher rents, not only from the base rent but also from a revenue sharing arrangement, as well as shifting maintenance costs from the operation to the lessee. Improvements in the lease to residents include the ability of non-member residents to play golf twice a year for a nominal fee, free access to the second floor for community activities, preservation of land for a potential community center, mechanisms to minimize membership waiting, a clause to buy out the lease after ten years, and an opportunity to provide a bike path on a portion of the facility. Mr. Harbison stated he was troubled by the criminal charges pending on an alleged operation of a football pool at Halligans Pub, but believes the lease is well crafted to deal with the situation. In conclusion, Mr. Harbison noted the role of the Commissioners to govern and provide solutions that address risks and opportunities to benefit the Township.

Mr. Gillies stated his endorsement of Mr. Harbison's statements. He also suggested that the bitterness in the community could now end and the community should come together.

Mr. Dailey stated that he had recused himself from the proceedings and asked for a written opinion from the Township Solicitor on the appropriateness of doing same. Mr. Dailey explained that he is employed as counsel to the Pennsylvania State Police and therefore had to recuse himself due to the investigation by the State Police of the liquor license issues. Mr. Dailey apologized to his constituents, friends and family for his inability to participate in the deliberations of this matter. He also expressed an apology to those who had to cancel events at the Club. He stated that fortunately, the events that were cancelled were held successfully elsewhere.

Full minutes of the meeting

April 2006 Business Meeting

Mr. Harbison provided a brief history of the Township's responsibility to make certain improvements to the Flourtown Country Club as set forth in an approved lease. One project, including the parking lot repairs, initially was budgeted at $80,000 and through "mission creep", he believed the project has now gotten too expensive. He recently met with the lessee who is interested in improvements to the parking lot, lighting and safety improvements at the parking lot entrance. Mr. Harbison indicated that he hopes this work could be completed for approximately $200,000.

Motion (Harbison-Standish) to reject all bids received on February 8, 2007 for the reconstruction of the Flourtown Country Club parking lot and the realignment of McCloskey Road and Chestnut Lane. Mr. Harbison indicated the Board's appreciation for the bidders extending the deadline by which the contract was to be awarded and noted that the Board asked staff to redesign a more modest project that addresses the safety concerns within the parking lot.

Mr. Schaum reviewed aspects of the project that was being considered for rejection, including the realignment of the streets, parking lot entrance and lighting, all improvements that would make the parking a safer location. He noted the landscaping and rain gardens would improve the appearance and also help with stormwater management in the vicinity. Mr. Schaum asked the Board to consider awarding the project, since the capital reserve had the necessary funds allocated to this project. If the Board moved forward with simply blacktopping the parking lot, the Township would lose an opportunity to make the improvements for probably twenty years. He indicated that the tenant was required to invest over $500,000 at the Club. Mr. Schaum believes that to date the lessee has committed $700,000. Mr. Schaum indicated that the Township is investing $1.3 million at the Black Horse Inn with no tenant and no private party contributing $700,000. The redesign of the project might cost an additional $30,000 in engineering after already spending $40,000. He suggested that far more residents of Springfield Township utilize the Flourtown Country Club than will use the Black Horse Inn. The Flourtown Country Club contains 54 acres of open space, unlike the Black Horse Inn.

Mrs. Lunn suggested that it was not just sticker shock that she was concerned with, but she was not aware the bids were being prepared. Other questions have been raised with regard to the project, and she believes the bids should be rejected at this time.

Mr. Gillies suggested his belief that the Commissioners had authorized the bidding of the project. He also suggested that developers doing similar work in the Township will be required to make improvements to their facility, such as improved stormwater management. He believes the landscaping is important and noted that the Township was recently selected as a Tree City USA community because of our interest in landscaping. Since the Township has been saving the funds for this project for many years, the Commissioners are able to avoid any tax burden with regard to this project.

Mr. Dailey indicated that the rent paid by the lessee helps to pay down the cost for improvements. He expressed his concern for the lost opportunity to make safety and stormwater management improvements on this site. He believes the safety improvements alone would justify moving forward with the project.

Ms. Peirce noted that the Township Engineer indicated that the rain gardens would only provide minimal positive effect with regard to managing stormwater in the area. Mr. Schaum reminded the Commissioners that the Township recently completed a stormwater detention basin, with a second one planned, and this is another means by which the Township can improve stormwater runoff in the area. Mr. Gillies warned of existing problems in the driveway that need to be addressed as a part of a future project. Mrs. Lunn thought that porous paving should now be consider for the project.

Mr. Harbison reviewed the lease obligations for the project. He too believes the lessee has invested approximately $700,000 into the project. Mr. Harbison is willing, as a part of rebidding the project, to include improvements to the front entrance and swimming pool entrance previously discussed. He believes even the reduced project would call for the Township to invest more than initially contemplated.

Mr. Gillies stated his interest during budget discussions to return money in the capital reserve account to the taxpayers, but the Board opted to retain the money for designated capital reserve projects. If this project does not move forward, the money in the capital reserve for this project should be returned to the taxpayers. Mr. Standish indicated that the parking lot improvement project was a good plan, but unfortunately there were no options available when awarding the project. He believes the project should be rebid with a base bid and many bid alternates. He does not believe that the improvements are tied to the lease and that it is a Township property and the Board should do what they believe is appropriate for that property.

Vote, 4-3, opposed Dailey, Gillies, Schaum.

Full minutes of the meeting

March 2006 Business Meeting

Judy Novey, Eagle View Drive, suggested that the value of reconstructing the Flourtown Country Club parking lot was a large expenditure when comparing the Township Budget to the actual bids received. Ms. Novey suggested that a study be conducted on the need of the improvements at the parking lot. Mr. Schaum asked Ms. Novey if she had any recommendations on what was necessary at the parking lot. Ms. Novey had no recommendations, but suggested hiring an engineer to help study the conditions.

Janice McGrane, 110 West Wissahickon Avenue, suggested that if the Township's senior citizen population was in the vicinity of one-third of the total population, then reaching out to accommodate those with disabilities is a good idea. When contemplating improvements at the Country Club, the Board should consider installing an elevator. Mr. Dailey asked whether providing curb cuts in and around the parking lot was a good idea to assist those with handicaps. Ms. McGreene agreed that would be a good idea.

Motion (Harbison-Standish) to reject all bids received on February 8, 2007 related to the reconstruction of the Flourtown Country Club parking lot, and the realignment of Chestnut Lane and McCloskey Road. Mr. Harbison indicated the Board received seven bids. The base bid proposals ranged from a low of $411,214 to a high of $598,782.

Mr. Gillies indicated that the decision on the bids was delayed for one month in order to review alternative plans, but no other alternatives were considered. He would like the Board of Commissioners to consider moving forward with the award as the plan eliminated illegal cut-thrus through the area, brings the parking lot into compliance with the Code, and physically improves the parking lot. Furthermore, Mr. Gilles was concerned for increased engineering fees to rebid the project and increased costs for a less effective set of improvements. Mr. Gillies also indicated that the monies were available in the Township's capital reserve account.

Ms. Peirce suggested that the parking lot need not be code compliant given the continuation of existing uses. Mr. Gillies agreed that may be true, however, the Township requires similar improvements of developers in the same situation.

Mr. Dailey outlined his concerns for safety within the parking lot and the desire to help eliminate that liability. All of the desired objectives of the Board of Commissioners, including safety, stormwater management, landscaping and the like, continue to add to the scope of the project and cost thereof.

Mr. Kilkenny suggested the Township is always open to liability, however, the Township is normally only responsible in the case of negligence. Ms. Peirce was curious as to the frequency of accidents in or around the Country Club parking lot.

Mr. Schaum suggested that previously, the Board of Commissioners started with objectives to accomplish with regard to repairs at the parking lot and thought perhaps the Board should set a budget number and work into the objectives from the budget number. Mr. Gillies thought that the overall project was subject to land development approval. Mr. Kilkenny agreed given the building addition currently under construction.

Ms. Lunn asked if staff could perform some value engineering to help understand the accomplishments desired at the parking lot. Mr. Gillies suggested if the Township's capital reserve fund for the Country Club is not going to be utilized, then it should have been returned to the taxpayers. Ms. Peirce stated the capital reserve was not only for parking lot improvements, but any other improvements at the Club that are the responsibility of the Township.

Mr. Schaum suggested that the Board consider extending the review of the quotations in order for the Board to consider discussions. Mr. Standish indicated that over the nine months or so, the parking lot project seemed to grow, and the Board established priorities and identified improvements to address these. The parking lot improvements do not necessarily relate directly to the lease, but cover maintenance improvements and safety improvements for the community.

Motion (Harbison-Standish) amending the original motion to extend the viability of the bid quotations for the Flourtown Country Club parking lot improvements subject to the bidders agreeing to extend their bid quotations. Vote 6-1, Lunn opposed. Ms. Lunn suggested that the extension was not appropriate given the price of the improvements and the unlikelihood that the Board of Commissioners will be able to move forward with the project.

Robert McGrory, 501 E. Mill Road, noted that the Board of Commissioners had analyzed the expense side of making improvements at the Flourtown Country Club and asked if they had considered the potential increase in income that the improvements might generate for the Township. Mr. McGrory suggested his concern in the Township's ability to recover funds invested in the Black Horse Inn. However, unlike the Black Horse Inn, the Flourtown Country Club can eventually generate revenue from investment in the facility.

Full minutes of the meeting

February 2006 Business Meeting

Roy Roberts, 1106 Churchill Road, addressed the Board. Mr. Roberts acknowledged the urgency in resolving the issue of management of the Flourtown Country Club, and asked that the Board of Commissioners also consider reviewing the assets of the Club on a broader basis, instead of just a golf course, swimming pool and banquet facility. Mr. Roberts discussed other outdoor recreational uses, senior/teen center, facility for clubs and activities, and maintaining other memberships to the country club that are not necessarily swimming or golf. Mr. Roberts also outlined his thoughts on how to move forward with studying potential other uses for the club. Mr. Roberts presented his written comments to the Board.

Jim Kuriger, 1521 Lucon Road, asked that the Board of Commissioners move forward with making future plans for the Flourtown Country Club. A great deal of money has been lost by the operator and the Township as a result of the delays. The delays have also adversely affected the social activities of the existing members of the club.

Janice McGreen, 110 West Wissahickon Avenue, called to the Board's attention to a recent editorial in the Springfield Sun wherein the writer asks that the Commissioners keep the interest of the residents in mind as they perform their duties. Ms. McGreen also suggested that handicapped access to the Flourtown Country Club should be an important facet of any improvements at the Club.

Denise Quigg, 8718 E. Willow Grove Ave., suggested the Flourtown Country Club is an important feature for both young children and mothers within the community and that the community needs more activities for the children.

Motion (Harbison-Gillies) vote 5-0-1, Mr. Dailey abstained, to authorize the commencement of negotiations for a future lease and security agreements, and to work cooperatively to secure a new Liquor Control Board license, with Joseph Halligan, Brian Halligan and Kevin Lawn, based on their proposal to operate the Flourtown Country Club dated June 8, 2005 and supplemented by a letter dated July 22, 2005.

Motion (Harbison-Lunn) vote 5-0-1, Mr. Dailey abstained, to enter into an independent contractors agreement with Angelo DiCandilo, providing for Mr. DiCandilo to manage the Flourtown Country Club commencing on January 1, 2006 and ending on March 31, 2006. The contract may be extended on a month to month basis via mutual consent by the parties.

Full minutes of the meeting

January 2006 Business Meeting

Mr. Standish stated that the Board of Commissioners discussed the possibility of revising the 2006 municipal budget. The Commissioners discussed the possibility of utilizing approximately $400,000 of additional revenues in 2005 to modify the 2006 budget. Mr. Gillies put forth his thought to utilize 50% of the excess to reduce the real estate tax revenues in 2006. He also thought to utilize the remaining 50% to both reduce the pension fund liability and to put money aside in the capital reserve fund for capital improvements to the Flourtown Country Club.

Mr. Standish indicated that the Board of Commissioners held a short executive session prior to the regular business meeting to discuss litigation surrounding the LCB and the Flourtown Country Club. Mr. Kilkenny agreed it would not be prudent to discuss the specifics of the litigation.

Mr. Dailey asked whether he might comment on the process by which the litigation might proceed and not the specifics. Mr. Dailey stated Ms. Lunn made comment at an earlier meeting that she has had recent contact with the Pennsylvania State Police. Mr. Dailey suggested that in the future he would like all contacts with the PSP to be through the Township Solicitor's office. His concerns are that Ms. Lunn's comments may not reflect his position as a Commissioner, and that it may jeopardize his recusal from any involvement with the Flourtown Country Club and the LCB. Ms. Lunn stated she had no issue with the Solicitor being the spokesperson for the Board of Commissioners, but kept in touch with the PSP at the request of the PSP.

Mr. Gillies commented that had he received notice from the PSP, he would have immediately provided the information to the Township Solicitor, and what Ms. Lunn intended to be helpful, may not have been. Mr. Dailey stated that even after his recusal from the issue, Ms. Lunn still continued contact with the PSP and hoped that in the future, the Township's counsel and special counsel would make the contacts with the PSP and relay, when appropriate, his recusal to the State officials. Mr. Standish indicated it seemed to be everyone's understanding that all contacts with the LCB would be through the Township Solicitor's office.

Ms. Lunn asked for a clarification of the relationship of the Township and the citations issued, since they were issued to the Flourtown Country Club. Mr. Kilkenny indicated it was his understanding that, indeed, the Flourtown Country Club was cited, but the Board of Commissioners previously made a policy decision based on an historic relationship between the Township and the Country Club to defend the Country Club in this citation process. Ms. Lunn wanted to make it clear that the Township had not been cited, but the Township Country Club had been cited. In the future, the Township should not defend the lessee in the event of a similar situation. Mr. Schaum agreed that statement might be cause for future consideration in a lease. He asked if special liquor counsel could clarify the proper process by which to secure a new lease, given the LCB license concerns involving both an interim and long term leasing interests. Ms. Lunn suggested that special liquor counsel should not be utilized for opinions on the lease, but only on liquor license issues. Mr. Schaum disagreed and asked that their expertise be utilized to express an opinion on the interim lease, and the proper manner as it relates to the LCB. Mr. Kilkenny indicated his appreciation for any assistance special counsel might provide his office.

Mr. Gillies suggested that, to the extent an interim management arrangement is not a viable alternative, as soon as a long term lessee is selected, consideration be given to move that party into the facility as soon as possible.

The Board of Commissioners agreed to hold a special meeting on January 24, 2006 at 7:00 PM in the Springfield Township Building to hear the proposals from the Halligan Partnership and Michael DiCandilo. Mr. Harbison volunteered to create a list of questions for the presenters to cover when making their presentations on January 24. Mr. A. DiCandilo was invited to meet with Messrs. Standish and Schaum to discuss the interim management arrangement during a meeting on January 18, 2006.

Motion (Gillies-Schaum) carried unanimously dispensing with the reading of the minutes of the previous meeting and approving same as written and recorded in the official minute book of the Township, given an amendment to the subject minutes that would reflect Mr. Gillies' motion found in paragraph 4, page 203, to read as follows:

"To accept the June 8, 2005 proposal and the July 22, 2005 supplement of Joseph Halligan, Brian Halligan and Kevin Lawn for a multi year lease to operate the Flourtown Country Club and for the Board to commence negotiations to create the requisite contracts."

Walter Miller, 1112 Bergan Road, addressed the Board and indicated that he is a 40 year member of the Flourtown Country Club, and is disturbed that the Board of Commissioners has not taken action on the issue of the Club management. Mr. Miller stated that the Club is a viable part of the community.

Robert McGrory, 501 E. Mill Road, addressed the Board and noted that the minutes of the special meeting held on December 21, 2005 related to the Flourtown Country Club indicate that Mr. TerDoest read from a prepared statement. Mr. McGrory also wanted to note that Messrs. Mitchell and Ryan also appeared to have been speaking from prepared statements.

Joan Parsons, Susan Circle, asked why Commissioner Dailey had to recuse himself from activity related to the Flourtown Country Club. Mr. Dailey stated that due to his employment, he had discussions with his employer and thought it was appropriate to recuse himself from deliberations related to the Flourtown Country Club licensing. Mr. Dailey noted his agency is the actual agency that issues citations for violations to the LCB regulations, and he wishes to remove any appearance of a conflict both at work and with the Township, as it relates to this subject.

Mr. Gillies asked if Mr. Dailey could become involved in the business of the Flourtown Country Club, once the issues related to the LCE and the LCB are resolved. Mr. Kilkenny suggested that at that time he might want to request an advisory opinion on that topic.

Ms. Parsons noted that she took the opportunity to review the proposals for the management of the Flourtown Country Club, and was impressed with the quality personnel included in the Halligan proposal. Ms. Parsons reviewed the history of transitioning Halligans Pub from previous failed attempts of restaurants at this location. She spoke of the qualities of the family, both professionally and otherwise. She also noted that she offered to create a petition for patrons at Halligans Pub to sign in support of Halligans management of the Flourtown Country Club, but Halligans opted not to pursue such a petition. Ms. Parsons indicated that from her review of the seven proposals, the entire process seemed to be easily understood. She discussed the Wiesner Consultant review and recommendation on the proposals. She shared her own thoughts on the Halligan proposal, and asked that the Board of Commissioners move forward with completing the selection process to manage the Flourtown Country Club.

John Hoban, 114 Atwood Road, indicated he attempted to follow the proposal process in the Springfield Sun and had discussions with the Halligans with regard to the proposals. It seemed to Mr. Hoban that things were moving forward until the issues arose with the LCB. It was his opinion that the anonymous letters to the LCB should have been ignored, and found the LCB investigation at Halligans Pub over a four month period to be extraordinary. He noted that Rep. Larry Curry's name was mentioned with the LCB violations, but he was not certain what Rep. Curry's involvement actually was, but inquired whether it was another agenda being pursued in this regard. Mr. Hoban provided a history of the Halligans Pub business and also commended Angelo DiCandilo for hosting fine affairs at the Country Club. Mr. Hoban noted the building does need a more aggressive use, and suggested the Board begin negotiations with Halligans for the operations.

Joseph Halligan, 124 Azalea Way, stated that up through the workshop meeting in January, he though the entire Flourtown Country Club process was stuck in a political nightmare, but is now confident that the Commissioners will move forward to resolve the issues in the best interest of the Township. Mr. Halligan thought it appropriate that as soon as possible, information be sent to the membership of the Club to provide a status report on the future management. He also indicated that it is good that all Commissioners will have an opportunity to see the proposals as they move forward with making a selection for management of the Club.

Full minutes of the meeting

December 2005 Special Meeting

The Board of Commissioners of Springfield Township met in special meeting on Wednesday evening, December 21, 2005 at 8:20 PM in the Springfield Township Building for the purpose of voting on an interim management arrangement and a long term management arrangement for the Flourtown Country Club. All members of the Board were present. Mr. Schaum presided.

Mr. Schaum provided a brief history of the action of the Board of Commissioners over the past couple of years to work up to the receipt of proposals in response to a Request for Proposals issued by the Board of Commissioners. The Commissioners asked staff to negotiate a long term lease arrangement with the Halligan Partnership and a short term management agreement with Angelo DiCandilo to operate the Flourtown Country Club. Negotiations were difficult as a result of issues raised with the Country Club's Liquor Control Board license.

Rick McCreavy, Preston Road, suggested the Board of Commissioners made a good decision with regard to selecting Halligans for the long term agreement. His family is a member of both the golf and swimming pool. Mr. McCreavy believes it is good to keep the management organization within the community and believes Halligans will draw additional membership.

Jerry Ter Doest, 2 Golf View Drive, reading from a prepared statement, indicated that he moved to the community approximately four years previous, and was impressed with the community spirit, open space and recreation opportunities. He was concerned with the overall development of the community, and thought the Commissioners looked to the Planning Commission for advice. He believes there should not have been a vote on the Tecce property and believes the change in the Board politics was the impetus of moving the business forward. He urged the Board not to vote on the Flourtown Country Club management as he does not believe there was enough public comment received on the issue.

Mr. Gillies responded that the matters before the Board related to the Flourtown Country Club were not a Planning Commission issue, but a matter of business for the Board of Commissioners.

Joan Parsons, Susan Circle, indicated her thought that senior members of the community are looking for places to live in the community. She has heard from 25 residents interested in living in such a development within Springfield Township. As a long term resident, Ms. Parsons expressed her concern with the conflict within the Board of Commissioners and was not certain whether it was created by the Board as a whole, or simply a few members. With regard to the Flourtown Country Club, Ms. Parsons read from two letters she received from residents indicating that (1) the banquet facility improvements appeared needed and the Commissioners should move forward with the Halligan proposal, and (2) spoke of the good memories of the Flourtown Country Club and that the Board should move forward with selecting a manager.

Don Mitchell, Weiss Avenue, addressed the Board and wished to clarify an earlier comment with regard to the Planning Commission's involvement in the rezoning process in that he did not believe all members of the Planning Commission made favorable comments with regard to age restricted housing. Mr. Mitchell believes the Flourtown Country Club is a great asset of the community, and from his perspective, his concern is not about the Halligan Partnership managing the facility, but about how the Board of Commissioners handled the process of selecting a future manager.

Rob Ryan, Franklin Avenue, stated his belief that long term residence in the community does not necessarily count any more than some who might have recently move into the community. Mr. Ryan indicated he had issues with the process and perception of the Board selecting a manager for the Flourtown Country Club, and was looking for more public discussion. Mr. Ryan stated his belief that the process was corrupt/broken. Mr. Ryan also hoped that the Board of Commissioners would wait and not vote on the Tecce rezoning proposal, but that some members of the Board felt it necessary to move forward. In conclusion, he believed that individual members of the Board are responsible to the entire constituency within the Township when voting on issues.

Gene Whitaker, E. Mill Road, spoke to the point that he thought the process related to the Flourtown Country Club was open and didn't know why there was a need for the special meeting. He thought that staff had negotiated with the top candidate and it was now time to vote on future management of the Country Club.

Mary Arndts, Church Road, asked for the opportunity for the public to comment on the Flourtown Country Club management. She believed there should have been an opportunity for the public to review the materials that the Board of Commissioners worked from. Mr. McGrory outlined the selection process and the fact that the meetings were public, and the proposals were available for public review. Mr. McGrory was stunned by the comments related to the lack of public process and provided another example of similar comments involving the School District's refurbishment of the football stadium.

Ms. Lunn stated her belief that there was insufficient public input on the proposals for the Flourtown Country Club, and believed the Commissioners should have made a wider outreach to the public to become involved.

Jim Quigley, Longfield Road, stated his interest in more public involvement, particularly due to the length of the lease terms of 20 years. Mr. Schaum suggested the lease term was for ten years, with two five year options. The options are renewable by the lessee, but performance standards were to be included in the lease arrangement in order that the Township may review the performance before agreeing to the renewal.

Mr. Lawn stated that he has completely recused himself from this matter before the Board of Commissioners, and apologized to the community if that kept him from attending to this matter of business before the Board.

Carol Auerbach, Highland Avenue, stated her impression that there was not an agreement before the Board of Commissioners to consider, and was disappointed that the decision process was not more open to the public, but perhaps she and others may have been amiss in not being involved in issues before the Board in the past.

Amy Samtmann, West Wissahickon Avenue, stated her belief that individual members of the community must educate themselves and remain informed in all matters within the community, and must not blame others for their lack of involvement in the community. Ms. Samtmann provided a story of late summer 2005 wherein members of the Flourtown Country Club swimming pool celebrated the rumor that the Halligans were being considered for new management at the Country Club.

Mamie Mermicer, Lucon Road, asked for more notice for public involvement in the selection of the Flourtown Country Club management. Ms. Lunn stated that while the Board may have met their legal requirements of providing notice, it may not actually be enough notice to the public.

Mark Lunney, Fort Washington, stated that he recently moved from Springfield but was a 37 year resident and a 15 year member of the Flourtown Country Club. Mr. Lunney stated that regardless of how the Board tries to get the word out, there always appears to be rhetoric of unanswered questions and procedural issues. He believed the bidding process was indeed open and that there is an attempt to contaminate the process through political partisan issues due to other business before the Board of Commissioners. He opined that the Halligan Partnership is a good candidate for management of the Flourtown Country Club, and understands the need for a long term lease in order that the return on the business investment and facility can be achieved by the lessee.

Jim Kuriger, Lucon Road, and a member of the Flourtown Country Club asked if the proper license was being secured and would the Board of Commissioners vote to move forward with selecting a manager for the Flourtown Country Club.

Denise McNamara, Weiss Avenue, is a member of the Flourtown Country Club and expressed her thoughts that the residents like the opportunities provided by the Club for golf, swimming and preservation of open space, and that the residents generally seem happy with the use of the Club.

Jeff Hastings, Erdenheim Road, spoke of the Country Club as a valuable asset to the community and pushed for actual dollar values on the net return to the Township. Mr. Garrity indicated that revenue to the Township is not the only asset the Country Club holds for the commuity, but that there are other benefits such that were discussed this evening that are afforded Township residents.

Mr. Perry supported Mr. Garrity's comment that the sole interest of the Board was not to turn a business profit on the Country Club, but to provide open space and a community place for those in the community. In fact, there are other locations where the Township maintains open space that actually costs the Township significant money. There may be other uses the Township could consider for the Country Club that might provide a greater profit, but that is not the primary goal of maintaining the Country Club.

Mr. Gillies suggested that identifying a true net return to the Township may be difficult in that there was a base rent plus a capital investment component of the proposal.

Roy Roberts, 1106 Churchill Road, stated the issues related to the use of the Flourtown Country Club are not just issues for the members but should be put forth to all Township residents, many of whom are concerned with the future use of the facility.

Doug Heller, West Mill Road, was interested in the ratio of Township residents who are members of the Club to the total population of the Township. He suggested the line of communications from the Commissioners to the community should be improved.

John Hoban, Atwood Road, appreciates the value of the Flourtown Country Club as an asset. He believes he understood the issues before the Board of Commissioners in the Spring when the proposals were being sought by the Board of Commissioners, and as a result opted not to attend the meetings.

Gene Caffrey, Bethlehem Pike, stated he was one of the unsuccessful bidders to operate the Flourtown Country, but despite that, he would not criticize the process or the Request for Proposals as he thought they were professionally managed and well thought out. There were meetings to discuss the proposals, and deadlines were well understood. Community members were able to participate in the process, however, he did not think there were more than ten or twelve people who attended the presentation of the proposals to the Board of Commissioners. Mr. Caffrey indicated that a portion of the decision by the Board of Commissioners would have to include some of the intangibles of an individual managing the property, and he would only be critical of the decision if it was not good for the Township. Mr. Caffrey briefly reviewed his proposal and indicated his ongoing interest in managing the facility if able.

Sharon Baldwin, 12 Grove Avenue, indicated she was a bidder for the management of the Flourtown Country Club, and did not believe she received enough information as to why she was not considered for the position.

Susan Fedele, Chesney Lane, was interested in the decision making process, and the manner in which the Board of Commissioners provides notice to the community on potential votes of the Board. Mr. McGrory indicated that the Board of Commissioners provides general information in that regard in the Township newsletters.

Ed Shields, Bradford Road, stated that he was made aware of the possible change in management in April of this year. He took the opportunity to sit through the presentations and it was his impression that the presentations and ideas were good. As a golf member, he was not sure what to do with regard to paying his dues given the uncertainty of the management of the Club.

Mr. Schaum closed out public discussion on this matter and asked for comments from the Board of Commissioners.

Mr. Perry took exception to the charges of corruption or improper handling of the matter before the Commissioners on the Flourtown Country Club. He noted that the Board of Commissioners can disagree from time to time but that they all volunteer to provide a service to the community taking time away from their families and jobs, and they all indeed care about the community.

Motion (Gillies-McGrory) to (1) accept the June 8, 2005 proposal and the July 22, 2005 supplement of Joseph Halligan, Brian Halligan and Kevin Lawn for a multi-year lease to operate the Flourtown Country Club and for the Board to commence negotiations to create the requisite contracts.

Mr. Perry opined that all the applicants to manage the Flourtown Country Club who came before the Board did a fantastic job. Mr. Perry further believes the Halligan Partnership would do a good job of managing the Country Club. However, he believes there are still outstanding issues with regard to the lease and, particularly there are concerns with the State and the Liquor Control Board License, and therefore, hoped that the Board of Commissioners could table the vote until some of the issues are resolved.

Mr. Standish also asked the Board to wait on the vote in order to sort out some of the outstanding issues and he noted that he did not believe the process created any favoritism with regard to any of the applicants, and he would like the opportunity to review an actual lease before voting on same, but is not in favor of starting the entire process over.

Mr. Gillies would like to move forward with holding a vote to authorize negotiations on a lease, and then once a lease is available, vote on the actual lease.

Mr. Garrity clarified the fact that the motion before the Board was not to award a contract, but to start negotiations to see if a contract could be achieved. Upon agreement between the Township and the operator, the Board of Commissioners would then vote on the actual contract.

A vote was held on the motion. Those in favor: Schaum, McGrory, Gillies. The motion did not carry.

Motion (Perry-Standish) to award an interim lease to Angelo DiCandilo until a long term lease is negotiated. Ms. Lunn suggested that the interim lease would merely extend the terms of the existing lease with Mr. DiCandilo. Mr. Gillies expressed concern that the Country Club would be proceeding with an invalid liquor license under Mr. DiCandilo in that the Halligans have applied for a

Full minutes of the meeting

November 2005 Business Meeting

Fran Doyle, 508 Allen Road, inquired whether Commissioner Lunn had sent the recent anonymous letter regarding the Flourtown Country Club. Ms. Lunn responded that she did not send the anonymous letter, but had asked for the golf membership list in order to help determine the percentage of resident vs. non-resident members.

Alison Peirce, 201 Yeakel Avenue, inquired whether the recent raid on Halligans Pub should raise concern when considering a new Flourtown Country Club lease. Mr. Gillies inquired as to what was meant by a raid, and how Ms. Peirce received such information. Ms. Peirce said she received information that Halligans was investigated for gambling activities.

Joe Halligan, 124 Azalea Way, stated that he has lived in Springfield Township for approximately 50 years, has coached many of the children in the community and has been involved in the community in many ways. Mr. Halligan explained the background of the partnership for his proposal to lease the Flourtown Country Club, the bidding process, and the fact that his partnership was interested in investing over $500,000 in building improvements. Mr. Halligan expressed his displeasure that the proposals to operate the Flourtown Country became a political battle, and he addressed the fact that the gambling at Halligans Pub related to a $5.00 office pool from a patron visiting the restaurant. Mr. Halligan also thought to help explain how the recent LCB report on the gambling was made available to the public, which was via Representative Curry's office.

Mark Lunney, of Fort Washington, stated that he was a long term member of the Flourtown Country Club and was a long term resident of Springfield Township until he recently moved. He noted that Mr. Halligan indeed was very supportive of many charities in the community and employs local residents. It was Mr. Lunney's understanding the Halligan proposal was a good business proposal and opined that the Commissioners would be foolish not to consider the proposal from Halligans to operate the Flourtown Country Club.

Roddy Davis, 1211 Malinda Road, indicated that he lives across the street from the Halligan family and has done so for many years. The Halligan family has been very involved in the community and noted that Mr. Halligan has successfully run a business for many years in the community. Mr. Davis stated his appreciation for the considerable time spent by the Board of Commissioners in reviewing the proposals and hiring a consultant, and believes the Board should move forward with making decisions including interim management and a manner in which to handle current dues given the management uncertainty.

Joan Parsons, 1203 Susan Circle, expressed her appreciation for all the work the Board of Commissioners does for the community. Ms. Parsons expressed her concern that the area nursing homes are open to political activities and there does not appear to be anyone available to protect the residents of the homes. Ms. Parsons spoke of forms that Commissioner Lunn allegedly helped residents complete at the St. Joseph's Villa, specifically the change of address form of Mrs. Lawn, of Erdenheim. The HIPPA privacy and ethics law was discussed, and in conclusion, Ms. Parsons expressed the need to control fraud in the nursing homes. Ms. Parsons stated her understanding that the Township has been in lease negotiations for the Flourtown Country Club since the end of September 2005. The Township received eight proposals to manage the Country Club in the ensuing year. The Commissioners also hired a consultant to help select the best proposal available to the Township and now with the uncertainty of the liquor license, she was concerned that the deal might not be completed by December 31, 2005. Ms. Parsons provided a lengthy list of organizations that Halligan's Pub supports in the community and asked that the Board of Commissioners move forward with selecting the management of the Flourtown Country Club.

Dina Bernbaum, West Mill Road, expressed her opinion that both Mr. Halligan and Ms. Lunn maintain a high level of integrity. Ms. Bernbaum believes that any questions asked by Ms. Lunn as to activities at Halligans are in the best interest of the community. Ms. Bernbaum believes the Commissioners and community should work together and consider Halligans to manage the Flourtown Country Club.

Mr. Roberts stated that he thoroughly enjoys visiting Halligans Pub but before the Board of Commissioners moves forward with selecting management for the Flourtown Country Club, the Board should take time to assess the best use for the property and include a public outreach to the general community.

Rob Ryan, 6 Franklin Avenue, stated that if it was too late to assess the best use for the Flourtown Country Club, the Board of Commissioners should look to do so in the future. He also stated that he has known Ms. Lunn for three or four years and believes she maintains a high level of ethics.

Barb Galante, 503 Poplar Road, stated that her mother is a resident of St. Joseph's Villa for five years and no one during that time had asked to change her mother's registration or assist her with an absentee ballot. Ms. Galante spoke of her past positive business contacts at Halligans Pub.

Barb Galante, 503 Poplar Road, stated that her mother is a resident of St. Joseph's Villa for five years and no one during that time had asked to change her mother's registration or assist her with an absentee ballot. Ms. Galante spoke of her past positive business contacts at Halligans Pub.

Howard Supplee, 101 Orlemann Avenue, opined that if Ms. Lunn noticed the name "Lawn" while working at the nursing home, she should have thought to avoid making any changes. Mr. Supplee suggested the change of address was foul. He also expressed his opinion that Mr. Halligan has operated a business in the community for a long time and appears to be a qualified businessperson.

John McGowan, 1405 Paper Mill Road, opined that the activities surrounding Mrs. Lawn were wrong. He further stated that the Halligan family has been in the community for a long time and he has great respect for the Halligan family. Mr. McGowan believes the issues surrounding the Flourtown Country Club management should be squared away as soon as possible. Mr. McGowan stated he appreciates the work performed by the Board of Commissioners and asked that everyone stop attacking each other.

Brennan Preine, 265 Northwestern Avenue, indicated he has known Ms. Lunn for approximately 3 years and found her to be a hard worker who maintains a high level of integrity.

Roddy Davis, 1211 Malinda Road, suggested that no one outside of the Township should be considered to manage the Flourtown Country Club. He also opined that there may have been violations of the Federal Voting Act as it relates to the activities at the St. Joseph's Villa, and asked that the Board call for a special election.

George McHugh, 127 Redford Road, indicated he has known the Halligan family for many years and that Joe Halligan not only gives to organizations in the community, but he also participates. Mr. McHugh spoke of the LCB investigation and the anonymous letter to the LCB, and that the Commissioners need to work together to resolve those issues. He too has helped individuals to complete absentee ballots and personally maintains the integrity of the ballots until they were mailed. He asked that the Board work on a non-partisan level to resolve the issues surrounding the Flourtown Country Club.

Joan Parsons, 1203 Susan Circle, readdressed the Board and asked if the Board of Commissioners had voted on a new lease for the Flourtown Country Club. Mr. Schaum indicated there was not a vote but a consensus of the Board to create a lease and negotiate with the leading party. Mr. Garrity stated that staff is in the process of creating an agreement and that the Board needed to vote on the actual agreement. When asked if the agreement would be in place by 12/31/05, Mr. Garrity stated that he was uncertain due to the complexities and structure of the license and the lease agreement.

Joe Leis, 105 Penn Oak Road, thanked Mr. McGrory for his service as a Township Commissioner. Mr. Leis also noted that he has known the Halligan and Lawn families for many years and both are upstanding families. Mr. Leis was curious as to what was stopping the Board from moving forward with a new lease agreement. Mr. Leis spoke of his activity with the Flourtown Country Club swim team and the fact that the team is a feeder to the High School. Mr. Leis noted that the Board of Commissioners might be voting on three issues in the near future. Those being the lease agreement for the Flourtown Country Club, and the rezoning proposals for the Tecce tract on Ridge Pike and the Boorse Tract on Camp Hill Road. Mr. Leis suggested the Board vote yes on all three topics.

Full minutes of the meeting

 

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