ANNOUNCEMENTS

            FOR IMMEDIATE RELEASE

Upper Pottsgrove Township—Below is a summary of the events leading to the current litigation involving the development of the Township’s new municipal complex on the Gilbertsville Road property.

On April 2, 2024, Upper Pottsgrove Township finalized the purchase of an 8.6-acre property at 2290 Gilbertsville Road, following a publicly advertised and duly held public hearing on March 18, 2024, where the Board of Commissioners voted to move forward with the purchase. The property was acquired to prevent overdevelopment and to provide an alternative site for the Township’s municipal facilities pending the outcome of ongoing litigation involving the Smola property.

On October 18, 2024, the Montgomery County Court of Common Pleas issued an injunction in the Smola case, preventing the Township from using the Smola property for its planned municipal complex. The Township appeal the decision to the PA Commonwealth Court.  On November 6, 2024, in a public meeting, the Board of Commissioners voted to proceed with the Gilbertsville Road site for the project given that the first site is on appeal and authorized the adjusting entry to the Open Space Fund from the General Fund for the purchase and directed preparation of bid packages for construction.

The Township had commissioned a study in 2023 identifying both the Smola and Gilbertsville properties as viable municipal complex locations but the Township did not own the Gilbertsville property at that time. When the Gilbertsville property became available in March of 2024, the Township bought and identified it as an option for the complex. Once the Smola injunction was issued the Township determined that Gilbertsville was the only remaining feasible location and executed the option to use the site. The Gilbertsville property has no deed restriction and has never been designated or used as open space land under the Township’s Open Space Plan.

From November 2024 through June 2025, the Township held multiple public meetings where progress on the project was discussed, expenditures were approved, and bids were authorized. All actions were taken in open session and publicly recorded.

Bids for construction were advertised in March 2025, and on June 16, 2025, the Board voted to award five contracts totaling $9.51 million—approximately $1.4 million below projected costs—for the construction of the new municipal complex. Contracts were signed on June 17, 2025, and initial phases of construction began shortly thereafter.

The current lawsuit, filed by three individuals on July 15, 2025, seeks to halt development of the Gilbertsville property. The Township has argued that the plaintiffs’ delay in filing—after public discussion, bidding, and commencement of construction—has caused substantial prejudice to taxpayers and contractors.  These three plaintiffs are running for Township commissioner as well.

If the plaintiffs prevail, Township taxpayers could face significant financial loss, including:

• $541,813 already spent on studies, design, and engineering;
• $4.5 million to 9.5 million in potential contract breach damages; and
• Loss of favorable bid pricing, requiring rebidding and restarting the process at an estimated additional cost exceeding $1 million.

The Township emphasizes that the new municipal complex is a necessary public amenity, not a luxury. The current Township building has been declared unsafe due to mold contamination and asbestos, and employees have been barred from entering.

Only a small portion of the Gilbertsville site (1.73 acres) will be developed for the new municipal complex, leaving the majority of the property predominantly undeveloped and consistent with open space principles under state law.

The Township maintains that its actions were lawful, transparent, and consistent with both the Pennsylvania Open Space Lands Act and the legislative intent to meet community needs for public amenities.

The matter is now before the Montgomery County Court of Common Pleas for adjudication. The Honorable Judge Saltz recognizing that the three plaintiffs are also running for the three empty commissioner seats in the township has requested to withhold his decision until after November 4^th as to not impact the election.

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Building Contract Press Release:

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 FOR IMMEDIATE RELEASE
Montgomery County Judge Denies Temporary Injunction in Right-to-Know Case

Upper Pottsgrove Township, PA – The Upper Pottsgrove Board of Commissioners announced today that their request for a temporary injunction against a resident accused of abusing the state’s Right-to-Know law has been denied. Montgomery County Judge Saltz declined to grant the temporary injunction in the case of Upper Pottsgrove Township v. Matthew E. Murray, citing a narrowly defined interpretation of the law.

The Township had sought the injunction in an effort to mitigate escalating legal expenses resulting from more than 100 Right-to-Know requests submitted by a single individual. To date, responding to these requests has consumed significant municipal resources and incurred over $55,000 in legal fees.

“On behalf of our taxpayers, Upper Pottsgrove Township pursued this temporary injunction to halt the unsustainable drain on public funds until a permanent resolution could be reached,” stated Township officials.

Despite this setback, the Township remains committed to seeking a permanent injunction through the Court of Common Pleas. Officials emphasized their dual commitment to honoring transparency obligations under the law and safeguarding taxpayer resources from potential misuse.

Next Steps: Upper Pottsgrove Township will await further proceedings as the case moves forward. Officials reaffirm their dedication to protecting the community’s financial interests while upholding the integrity of public governance. 

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RFP FOR AUDIT SERVIES:

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NEW MUNICIPAL COMPLEX PLANS:

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Please be advised that this week, the Township will begin work on the first stage of the municipal complex that the Board of Commissioners approved in August of 2022. The work is the first stage of the design and will consist of emplacing a parking lot as well as recreational and aesthetic supporting items. The Township’s Public Works Department will perform the task as they have with other parking lots in the Township property.

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Upper Pottsgrove Municipal Complex

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Upper Pottsgrove Municipal Complex Memo to
Mae Axelrod of Natural Lands

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Public Sewer Rate Changes for Upper Pottsgrove Customers ~ The PA Public Utility Commission recently approved a wastewater rate increase for Pennsylvania American Water, effective Jan. 28, 2023. The average monthly residential wastewater bill for Upper Pottsgrove customers increased by $41.00 (63.1%). Following the company’s acquisition of the Upper Pottsgrove wastewater system, the company maintained Upper Pottsgrove’s prior rates until new company rates took effect. The increase makes Pottsgrove’s wastewater rates more consistent with Pennsylvania American Water’s existing base wastewater rate structure.

Need assistance paying your bill?  Pennsylvania American Water has several customer assistance programs for customers who qualify.

LEARN MORE: Visit pennsylvaniaamwater.com.

• Rates: Under Customer Service & Billing, select Your Water and Wastewater Rates.
• Customer Assistance Programs: Under Customer Service & Billing, select Customer Assistance Programs.

You may also call Pennsylvania American Water at 1-800-565-7292.
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Dead Deer on the Road ~ Call the PA Game Commission at (610) 926-3136; Press 1 to report.
For PennDOT Roads (N. Charlotte Street, Gilbertsville Road, Maugers Mill Road & Route 100), call PennDOT at (610) 275-2368; Press 0.
NOTE:  The contractor for PennDOT has 48-72 hours to pick up the dead deer on a state road after it is reported 
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Click here to view the tax/parcel maps and plot plans.
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Veterans’ Memorial Committee Fundraising Effort
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Montgomery County Grant Program with a Focus on Minority, Women, and Veteran Owners Affected by COVID-19
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WET Trial Looking for Well Water Testing Participants
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Transparency in Healthcare Coverage
While this link is available now, the MRFs will not be loaded until July 1, 2022.

This link leads to the machine-readable files that are made available in response to the federal Transparency in Coverage Rule and includes negotiated service rates and out-of-network allowed amounts between health plans and healthcare providers. The machine-readable files are formatted to allow researchers, regulators, and application developers to more easily access and analyze data.
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