Lawyer: No school land deal this month

| 29 Sep 2011 | 12:17

WESTFALL — The fate of a $2.95 million elementary school land purchase apparently will be decided by a new board of education being seated in December. Michael Weinstein, attorney for the Delaware Valley Board of Education, reported on Nov. 8 that a hoped-for completion of the deal this month - during the last days of the current board - will not happen in that time frame. The current board authorized the purchase in October, but as the sale has not entered into the contract stage, a final action on the purchase will be left to the new board, with a majority of its members on record opposing the purchase. Aside from the board’s issues, the sellers, Joseph Biondo and the CBH (Chant-Biondo-Helms) Holding Company, had wanted the deal completed in November for tax advantages related to the sale. Ironically, though, Weinstein said the completion of the sale this year, “depends largely on the seller.” More optimistically, he added, “I think it can (be completed in six weeks). It’s far more realistic to talk about the end of December.” Several routine land transaction issues are delaying the sale: • The need to subdivide a portion of the tract, which is currently deeded to an adjacent lot, also owned by the same sellers. That process was supposed to get underway in October, but the seller’s attorney went on vacation, Weinstein said. • The district needs a wider right-of-way for traffic entering the property, and adjoining property owners may want to be paid for it. • The sellers want to maintain a right of way for other properties served by Old Sawmill Lane. • PennDOT must also approve a highway access permit the school. Superintendent Dr. Candis Finan fielded a question about a rumored new and larger second gas pipeline being built. Finan said that although the gas company said the existing line may be replaced, it has said nothing about adding a second line. Outgoing member Jack Fisher, who favors the land purchase, asked the board about the wisdom of completing an upcoming $8 million bond issue, if the land is not to be purchased. Finan said the bonding language would allow use of the money on the Westfall Campus, if that becomes an alternative. The bond, which will also fund a water project and other maintenance projects, will also repay other district funds for the $2.2 million Marquin property purchase, opposite the Dingman-Delaware campus. Business Manager Bill Hessling estimated that backing out the bond would still cost the district some $41,000 in funds already committed to the bonding. Member Ed Silverstone noted that some $4 to $5 million would still be needed. “We’ll only have to start all over,” he said. A woman in the audience said she could not believe that doing nothing was still a board option. “The political reality is that the folks favoring saving $3 million won the election,” Fisher explained. Other backers of the purchase did not sound optimistic. Board President John Wroblewski said, “We’re back to the drawing board on options.”