Upper Darby council has begun procedures to acquire a volunteer fire company building by eminent domain.
On Wednesday evening, council approved the first step in authorizing the acquisition of the fire company building at 7241 West Chester Pike, Station 37, through the exercise of eminent domain.
The township operates a combination fire department of more than 60 career firefighters, with a dwindling number of volunteers. There have been few, if any, active volunteers at that station in recent years.
In April, the leadership at Upper Darby Fire Company No. 1, put their firehouse up for sale saying, “There is no long-term role for our station as an active volunteer firehouse.”
The fire company leadership said the reasons are a new “complex reimbursement-based system for operating expenses” that forces the station to pay costs upfront then be reimbursed; more career firefighters stationed there, “which leaves little opportunity for volunteer participation or growth”; “our station has only one operational firetruck, which further makes recruiting and retaining firefighters near impossible”; and that the township had been advised to enter into a lease agreement with its fire stations but not Station 1 because renovations would be too expensive.
At Wednesday evening’s meeting, township solicitor Michael Clarke said the township is also trying to negotiate a sale.
Clarke said when the township learned the property was for sale, his office reached out to lawyers for the fire company, saying the township was interested in purchasing the property.
The township wants an appraiser to investigate the building, and the fire company has allowed access, but the time hasn’t yet been arranged.
“This fire station is such critical importance for fire safety. Since they have listed it for sale, we want to make sure that our intent to purchase either through negotiation or eminent domain is clear to the fire company, and to any other potential buyer,” Clark said.
Clarke said the requirement of an ordinance creates some lag time and they are working on getting an appraisal on the property.
“Since they have it on the market, it is for any potential buyer to understand the township’s interest in this property. That’s why we’re doing this tonight,” Clarke said.
Clarke said the township will pay fair market value.
In answer to a question from Council Member Danyelle Blackwell, Clark said the township is doing eminent domain simultaneously with a negotiated acquisition.
“This is such an important piece of property for fire safety in the township we are trying to do it in sort of a belt and suspenders way,” he said. “Clearly we would much prefer to do this through negotiation.
He said that frequently when a township reaches a negotiated price, the transfer is done by eminent domain because there are certain advantages for the seller involving transfer taxes.
Clarke called that a “friendly commendation” or a “deed in lieu of condemnation.”
The solicitor said there will be legal fees that would also be involved as with any normal sale. He also said money that is being used to lease the fire company will go to purchase the property.
Earlier in the meeting, Chief Administrative Officer Crandall Jones said they will negotiate a fair market price for the building, and the township is currently spending approximately $168,000 a year per fire station, and will use money on hand.
The ordinance passed unanimously with a public hearing occurring on June 3.
Council began the meeting with a moment of silence for the children dying from senseless gun violence in the community. Last week a teen was charged with third degree murder in the shooting death of a township girl.
Council also approved appointments of Sundy Mulyono-Danre, as public works director and Christine Keck as human resources director, as well as moving ahead on several new bond issues.