Falls Twp. Playground Being Removed After Dispute

The tot lot at the Valley Day School. Credit: Google Maps

Falls Township is removing all township-owned playground equipment from the Valley Day School property after negotiations for a new lease agreement broke down.

The decision follows the Falls Township Board of Supervisors’ rejection of a proposed lease, citing “unreasonable terms” and liability concerns.

The dispute began earlier this year when Valley Day School informed the township that a playground, which has long used by residents, was located on school property and not township land.

The situation led to public access to the tot lot being blocked, which led to numerous complaints to township officials, according to Falls Township Supervisors Chairperson Jeff Dence.

For years, the township had provided regular trash pickup, repairs, and maintenance for the playground despite its location on private property. However, that practice ceased in the spring.

Township Solicitor Michael Clarke stated that the proposed agreement was rejected due to the school’s “demands.”

Clarke said the township had crafted a proposal that officials believed would be beneficial to both the township and the private school.

Under the proposed agreement, public access to the playground would have been restricted to sunrise to 8 a.m. and 4 p.m. to sunset, closing it during school hours.

The tot lot had previously been open during school days.

The most contentious provision required the township to obtain prior approval from Valley Day School for any repairs, maintenance, or changes to the equipment, even though the equipment belongs to the township and has been maintained by township staff for years.

“The reason why that’s incredibly problematic is that if we’re aware of a dangerous condition on this equipment and we don’t take action immediately, we can be held liable and lose our sovereign immunity in that particular instance,” Clarke explained.

Additional terms that concerned the township included requirements for the township to pay the school’s expenses and attorney fees plus 6% on any incurred costs. The school also refused to provide joint indemnification and sought to have the township obtain additional insurance coverage for vandalism and theft, while making Valley Day School an additional insured party.

Dr. Robert Phillips, executive director of the Valley Day School, defended the school’s position, stating he did not believe their demands were unreasonable and were consistent with past agreements.

“We weren’t asking for money,” Phillips said, adding that the school was not even aware the agreement was on the agenda for the meeting initially.

Both sides told LevittownNow.com a previous, older lease existed but the township and school could locate a copy.

Phillips said the school had a reasonable request to close the tot lot during school hours.

Phillips said residents have been upset by the decision and he pointed to an incident where someone recently cut the chain locking the tot lot.

Supervisor Vice Chairperson Erin Mullen expressed disappointment that negotiations failed.

“When we found out that this wasn’t our property, I was very much in favor of finding out how to make this work. We heard from a lot of our residents, they were using the playground,” Mullen said. “We were very happy to say, ‘okay, this has been a handshake deal. Let’s just put it on paper and keep it exactly as it’s been working for the past however many years.’ And that’s not what they want to do.”

Given the impasse, Clarke recommended the township remove all equipment from the site as quickly.

Township officials stated that some of the removed equipment can be reused.

Advertisement