Springhouse Trail Update from the Newtown BOS Meeting on February 24, 2014

As noted in a prior post, among the many items on Newtown's February 24th Board of Supervisors' Agenda was a discussion of the Springhouse Trail. It was noted on the agenda as "Execution of Agreement and Acceptance Fee in lieu of $50,000 for the installation of Goshen/Springhouse/SAP connector trail alternative." In August, 2013, the Board of Supervisors voted to reaffirm that the Springhouse Developer should build the walking trail that was part of the approved land development plan. The trail still was not built.

We now have some idea why the trail was not built.  Manager Trio indicated that he received a call from SAP.  Since August, the Supervisors did not publicly discuss whether they should consider returning to discussion of a different walking trail plan. Yet, somehow a possible agreement was created which was presented at Monday's meeting.  

What we don't know is why the discussion of this item may have taken place in Executive Session.  At the start of the meeting, Chairman Catania stated. "The Board was in Executive Session going over one real estate matter which happens to be on the agenda this evening."

Except, there was no real estate item for purchase or lease by the Township on the agenda. The Pennsylvania Sunshine law clearly defines items that can be discussed in Executive session.  Here is a link to a presentation that educates on this law.

http://www.dced.state.pa.us/public/oor/SunshineLaw.pdf

Seems to me, the Board of Supervisors violated the Sunshine Law if they were discussing the matter of the Springhouse development's walking trail in Executive Session.  There was no indicator that any of the agreement involved purchase or lease of real estate by the Township. It's not clear why they would feel that they needed to discuss this matter privately.

If I understand the proposal correctly, SAP would provide an easement to extend the Goshen Road Trail on their property. From there, Springhouse's Homeowners' Association would provide an easement.  Beyond that since an open space easement exists, there is the possibility that the Goshen Road Walking Trail could be further developed.  Here's the catch though. So far, there is no easement agreement with SAP.  Additionally, Springhouse will only grant their easment if the walking trail does not end on their property. This would require Mr. DeBotton to allow the Trail  to extend on his property.
  
Ultimately, no Board of Supervisors' action was taken on this proposed agreement at Monday's meeting. No doubt, it will be back on the agenda at some point.  In the future, though, I would expect that any discussions of this plan would be public discussions. I would hope that the Board of Supervisors would not want to violate Sunshine Laws. I would hope that these public discussions would include visual presentations to residents of the proposal.  The extension of the Goshen Road walking trail could be of tremendous value to the community.  I do not believe it should be privately discussed or negotiated.