Questions as town shapes $800K grant bid on swim club

TOWNSHIP OF WASHINGTON—The township is applying for full reimbursement of its $800,000 anticipated cost to purchase the 6.4-acre former Washington Township Swim and Recreation Club to the county’s Trust Fund Land Acquisition Program, although it appeared unlikely that grant funds would cover the purchase.

According to a declaration of intent to apply, submitted by Township Administrator Robert Tovo to the county trust fund, the township is applying for full reimbursement, apparently for bonding and bond downpayment costs. 

The letter of intent to apply,  approved March 7 and due to the county by April 8, applied to the county’s Open Space, Recreation, Floodplain Protection, Farmland and Historic Preservation Trust Fund for the full amount of bonding to purchase the club.

The township’s grant consultant, GLD Associates Inc., is assisting with the application, senior grants consultant David Biunno told Pascack Press.

According to county grant deadlines, the township must hold a public hearing on the grant application before submitting the completed grant application on Friday, May 6. 

The public notices must appear a minimum of 10 days before the public hearing and the hearing must be held in the evening

In addition, the grant application must include a management plan for the property acquisition.

Under Management Plan, the instructions note, “State who will be responsible for the long-term maintenance of the project. This entity will be responsible for the satisfactory care, maintenance, preservation, and operation of the project. Describe, in as much detail as possible, the exact activities to be allowed on the property,” the guidelines state.

“Please address these items, as necessary: pedestrian access to active, passive, and sensitive or dangerous areas of the property, ADA compliance (Americans with Disabilities Act), vehicular access and parking, signage for prohibited activities, educational and information signage, restrooms, trash management, security, lighting, etc.”

A final decision on the township’s application is due in November, according to the county website detailing grant requirements and deadlines. The completed township application is due Friday, May 6. 

In addition, the application website notes that for acquisitions over $250,000, it also requires two independent appraisals confirming the property’s value that must be submitted to the county by Friday, June 10.

A resolution passed Feb. 7 by council that approved the bonding ordinance to purchase the property noted that the actual Swim Club purchase price was $750,000.

On a form that Tovo submitted, he addressed questions on the land acquisition project to be funded, the value of the property above or below $250,000, whether the property owner is a willing seller and when is the property’s closing date.  

The project description states:

“Currently in use as a swim club and recreation facility consisting of 6.1 acres of land. The township will continue to use the land for recreational purposes. The property owner is a willing seller. The amount is greater then $250,000.”

It was not clear why Tovo wrote the property was “in use” as a swim club as the swim club shuttered in 2020 due to the pandemic and never reopened in 2021. It was last in use only in September 2019, and then closed and never reopened. 

One sticking point during the council’s initial efforts to acquire the club property by two councilmen — former member Michael DeSena and Steven Cascio — focused on the condition of the facility and what repairs would be needed to make it operational. Those studies were never done, though two studies are ongoing to evaluate the property.

Also, underneath a section marked funding sources to indicate where the $800,000 was coming from, Tovo wrote “Municipal Capital Improvement Fund.” It was not clear why he wrote that, given the council bonded for $761,900, plus $38,100 as a down payment for the purchase. 

It appeared confusing to state the club was “currently in use” and a capital fund was the source of funding if no funds for the purchase are currently contained there.

Tovo did not return an invitation to comment by press time.

The township has not yet closed on its purchase, and club trustees have declined to make a statement for the time being. Club bond holders are due refunds once the purchase concludes. 

Last summer, bond holders voted to not sell the club to the township, although that deal ultimately fell through allowing the township a second chance to purchase the site.

On Feb. 22, the township hired two consultants — for a total of $15,150 — to perform an engineering land survey, mapping and environmental testing on the site to determine if any issues or concerns exist prior to final purchase. 

Generally, due diligence efforts are conducted before a purchase moves to closing; instead the township approved funding and now is conducting pre-purchase inspections and studies. 

Officials previously said they hope to be able to use data and information from these studies in the county land acquisition grant application.

Following submission of its application, the county Division of Land Management and Trust Fund Public Advisory Committee, “will begin its review and conduct site visits. It is anticipated that final funding approval via resolution by the Board of County Commissioners will occur in November 2022,” states the Trust Fund website.

It also notes that acquisition costs will not be 100% funded by the county Trust Fund. 

It further notes applicants must explain any affordable housing implications and whether the acquisition is consistent with local, county and state planning goals.

“Please indicate whether the proposed land acquisition property is consistent with all municipal plans, including (Council on Affordable Housing) COAH, County Open Space Plan, and the State Development & Redevelopment Plan. If the municipality does NOT have appropriate COAH certification, then explain the status of its affordable housing compliance in relation to the subject property,” state county application guidelines.

However, given possible acquisition by the township without Open Space funding, it was not clear whether Fair Share Housing Center, a statewide intervenor in affordable housing cases, might require the newly purchased acreage to be used to determine future affordable housing obligations. 

In other cases statewide, the center has filed legal actions to add newly available acreage in a town to its vacant land analysis. 

A municipality’s affordable obligation, or “realistic development potential,” is based on the vacant land potentially available for development.

An email to Fair Share for comment was not returned by press time.

Moreover, the application website notes, “State the amount of funding being requested in this application from the Bergen County Trust Fund for only the proposed land acquisition cost. Include supplemental funding and amounts and whether these amounts exist or are pending. State the estimated total cost of the land. Do not include any soft cots, (i.e., appraisals, survey, legal, environmental, grants-writing fees, etc. Bergen County does not provide Trust Fund awards totaling 100% of the land acquisition cost.”

The above information is included in the first seven pages of county grant instructions posted online, which also includes 19 pages of an application form required for grant submission.

The application information details six areas to be included in the application: 

  • Consistency with local, county and state Open Space plans; 
  • At least one appraisal report required as part of the application process; 
  • Document COAH compliance with property to be acquired; 
  • Document historic features or elements on the project site; 
  • Current color site photographs must be submitted; and 
  • A project site map citing environmental hazards, structures, natural resources, and cultural, historic and environmental characteristics.