Cheltenham commissioners voted to cancel its controversial pool contract, but still want to build at Melrose
The vote to cancel the pool construction contract came less than two days before a court was set to hear oral arguments in a resident's lawsuit alleging the township illegally skirted bidding rules.
Cheltenham Township commissioners voted Tuesday to cancel a contract with a private developer to build a pool at the former Melrose Country Club, while vowing to proceed with a pool project there.
The special meeting came less than two days before a court was set to hear oral arguments in a lawsuit a resident filed against the township.
Sam Thacker alleged that Cheltenham illegally skirted bidding laws by making a deal with a private developer to build a pool alongside a new housing complex for up to $4.5 million. The pool is to be built on 2.7 acres that the developer gifted to the township late last year.
The agreement came in the form of a ground lease, in which Cheltenham charges the developer $10 per year to rent the land back from the township. Thacker’s case argues the township should have put the project out for competitive bids to ensure a fair price, instead.
Thursday’s hearing has been postponed in light of the vote, Thacker’s lawyer Christopher McCabe said Wednesday, and the suit will likely be dropped if Cheltenham agrees not to pursue another ground lease.
The township has not indicated that bids were sought for the project, and has repeatedly declined to explain the legal reasoning for the lease approach to the public. Cheltenham has argued in court filings that the township did its due diligence by getting estimates to redo Conklin Pool.
“We remain confident in the township’s position,” Commissioner Emily Cheramie Walz said at Tuesday’s meeting.
The commissioners emphasized that they intend to move forward with a pool on the 2.7-acre Melrose plot, which the developer gifted to Cheltenham last year for the purpose of building a township amenity and for an undisclosed benefit to the developer. The Melrose pool would replace Conklin Pool, an aging facility across town.
“Our goal has not changed. Our residents want a new pool. We want a new pool. We continue to believe that Melrose is the right location for that pool,” board President Matthew Areman said.
The officials offered no details on how the Melrose project would proceed, or how Cheltenham could legally exit the lease.
“Our staff is already working to identify alternative options for moving forward. Those options will be evaluated and presented to the board in the coming weeks,” Areman said.
Although the board has repeatedly declined to answer questions about the pending litigation, multiple commissioners said at the meeting that the lawsuit is delaying the pool project, without explaining how.
The main reason the case is delaying the pool project, Commissioner Dwight Pedro Lewis said after the meeting, is that the bank won’t finance construction when there’s an active lawsuit against the project.
The township has previously declined to explain how their litigation insurance policy works, or how much it has to pay out of pocket in the suit.
Sam Thacker, the resident who sued, said at the meeting he’s glad the township is canceling the lease and hopes the commissioners opt for a public bidding process this time.
If Cheltenham does a new ground lease instead, Thacker said, “they’ll get sued again.”
Inquirer Greater Abington
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