Calling the conflicts of interest within the Barnard House Steering Committee “unfathomable,” a Pocopson Township resident urged the supervisors to re-think its lease with the Kennett Underground Railroad Center (KURC), arguing that it straps the township with an undue financial burden.
Speaking at the board’s meeting on Monday, July 25, Randy Mims read a detailed statement outlining concerns about the arrangement. His remarks represented the second time in a row – and the second time this year – that the repurposing of the historic Barnard House dominated a supervisors’ meeting.
At the supervisors’ last meeting on Monday, July 11, the board heard from representatives of the KURC, who expressed different fears about the lease agreement, at times raising questions as well as voices. The supervisors responded that KURC should put its concerns in writing so that both the board and the KURC would have time to reflect and find solutions.
Although the previous board of supervisors envisioned the historic former Underground Railroad stop as the home of the KURC as well as the township’s municipal building – a project that began eight years ago – cost overruns and an unsuitable floor plan for township employees derailed that plan in late 2015.
When two new supervisors, Alice J. Balsama and Elaine DiMonte, joined Supervisors' Chairwoman Ricki Stumpo on the board in January, they agreed to get the KURC’s portion of the building ready for occupancy while seeking options from the county commissioners about other ways to use the building. When the county sold the property to the township for $1 in 2008, it imposed numerous restrictions on its use.
Mims noted that those restrictions unfairly encumbered the township. He also questioned negotiations of the lease in 2014 by the Barnard House Steering Committee. Of the committee’s 13 members, seven were not township residents; one, Karen Marshall, was a Chester County employee; four “also had seats at the other side of the negotiating table” with ties to the KURC; and two – Dennis Melton, the architect; and Richard Jensen, the project manager and township building inspector – had financial stakes in the project, he said.
“The terms of the use agreement are amazing,” Mims said, adding that it lacks multiple protections that standard agreements contain. “KURC receives the use of approximately 697 square feet of space. In exchange, the KURC pays the township $1 a year, for five years, plus utilities. But, the KURC’s utility costs are capped at $100 a year for the first three years.”
Mims also pointed out that KURC committed to pay $30,000 toward the $250,000 matching grant, funds that have never been paid and have breached the agreement. Even if the $30,000 were paid, the KURC would be paying the equivalent of $500 a month in rent, a fraction of commercial rental rates, Mims said.
Stressing that he fully supports the preservation of the Barnard House as well as the work of the KURC, Mims, a member of the township’s Historical Committee, said the township should not be forced “to subsidize the activities of the KURC.” To date, the township has paid more than $600,000 for renovations at the Barnard House, following the receipt of a $250,000 grant, according to township records.
Mims recommended that the township void the existing lease agreement, enter into a “fair and equitable lease with the KURC for use of the building,” and appoint an objective group of residents to explore all Barnard House options, including the possible transfer of the entire building to the KURC.
“Get it to a group that can use it and preserve it,” Mims urged.
His comments sparked questions about what the KURC had paid toward renovations for the portion of the building it planned to use, many of which could not be answered at the meeting.
John O’Neal, KURC’s board president, told the supervisors that the $30,000 had not been paid; however, he said the group has the money. He said he believed that bills for some of the construction, including the walls and floors, went to the township, but he thought the KURC might have purchased the carpeting and paint.
The supervisors said they needed to check with the township’s treasurer to determine whether the KURC had been billed for work on its space. They also said they wanted time to review a KURC letter they received on Friday, July 22, in response to their request for it.
After the meeting, O’Neal provided a copy of the letter, which reiterated the group’s concerns about its access to other parts of the building. For example, the KURC expected to be able to use the “meeting room,” which now might not materialize. Expanding on that theme, the letter expressed wariness about the lack of specific plans for the remainder of the building.
The letter also suggested that the three supervisors might not have the information they need to make an informed decision about the building.
“After eight years of planning with the input of over 50 individuals who were elected officials or were appointed by them, why not ask for input from those experienced people who could provide a long-time perspective on the issues and on former agreements?” the letter asked, suggesting that a member of the KURC board would be available to serve in an advisory capacity.
Identifying the Barnard House as a tremendous historic asset for Pocopson Township, the letter concluded: “The Kennett Underground Railroad Center looks forward to advancing the mission of KURC, respecting the prior commitments and efforts of all parties, and continuing to work with Pocopson Township as a partner and tenant for the best use of the building.”
In other business, Stumpo said a 212-page emergency medical services study, commissioned by seven contiguous municipalities, was completed and is being reviewed.
Brad Piper, a member of the Kennett Library board, reported that work is also progressing on a grant-funded feasibility study to determine what specifications are needed for a new library and whether it makes economic sense to combine that effort with a larger community center.
Piper also shared a positive story about a recent raffle for the library’s popular Adult Literacy Program that raised $650. The winner of a basket with $350 in gift cards, Cornelio Guillen Nuñez, opted to re-donate his winnings to the library.
(1 votes, average: 5.00 out of 5)
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The purpose of my statement was to provide recommendations as to how to address an issue which can have long term, serious consequences for our township.
According to the January 6, 2014 Board of Supervisors Reorganization Meeting Minutes, there were 13 members of the Barnard House Steering Committee. Four of those are stated as representing KURC, Rusty Jones, John O’Neal, Marlene Drewes and Karen Marshall. Karen Marshall is also a county employee. The project architect, project manager, and township employee representative account for the remaining three non-residents. . The minutes of the meeting are on the Township website.
It was improper for the project architect to opine upon the feasibility of the space as he had a financial stake in the project going forward. That represents a clear conflict of interest. That is akin to asking my favorite contractor if he thinks we should pay him to renovate our bathroom, and give him a vote in the process.
None of the three people whose opinions regarding the feasibility of the space were solicited had any financial involvement in the project. Requests by citizens were made on multiple occasions for independent evaluations. I recall that at least one of the three opinions received was solicited by a supervisor/BHSC member, when she even provided a tour of the house.
When the opinion was received, it was ignored.
There has never been one recommendation from an independent third party that the Barnard House is suitable for use as a township office. Place that in the context that over $100,000 in consulting fees have been expended on the project to date.
Comparing the Barnard House issue with other parcels in other townships is improper. The liabilities placed upon the township from the terms of the purchase, exacerbated by the use agreement with the KURC, present unique challenges facing the current administration which they have to deal with. Entering into a use agreement allowing occupancy before renovations are complete is one more obstacle we have to deal with. I recommend all residents read the terms of the sale, and the use agreement. To date nobody has challenged my interpretations of either.