Musicians say what you leave out is as important as what you leave in.
That may go for council agendas, too.
A vaguely worded resolution posted ahead of Tuesday’s meeting fueled public speculation, and a rebuke from the town administrator, who said she “wanted to refute misinformation on social media based on conjecture alone, and simple language.”
The resolution–discussed in closed session, and later adopted unanimously without inviting public comment–amended a developer agreement to build a park near Speedwell Avenue.
Suspicions were aroused because the version posted on the town website before the virtual meeting did not specify what was in the amendment:
WHEREAS, the Redeveloper and the Town Council of the Town of Morristown desire to further amend and restate, their respective rights, obligations and liabilities with respect to the improvement, maintenance, use and regulation of the Public Park Parcel in an Amendment to Park Construction and Maintenance Agreement (the “Amendment”).
NOW THEREFORE, BE IT HEREBY RESOLVED, by the Town Council of the Town of Morristown being the governing body thereof, that the execution and filing/recording of the Amendment to Park Construction and Maintenance Agreement be and hereby are authorized.
In the meeting’s public portion, a mayoral candidate and an attorney who is suing the town both asked the council to postpone voting.
Esperanza Porras-Field, who is challenging Mayor Tim Dougherty in the June 8 Democratic primary, and Linda Cahn said a speedy vote on the resolution was unfair.
“The public has a right to see it to study it and to comment on it before the town council votes,” said Cahn, who has questioned the town’s dealings with the developer, Mill Creek Residential.
Her lawsuit alleges the town broke agreements with her and her husband over redevelopment of this tract. The town’s redevelopment attorney has called the accusations “a bunch of nonsense.”
Mill Creek erected 453 apartments, in buildings called Modera 44 and Modera 55, and entered a complex agreement with the town to share construction and maintenance costs for a passive recreation park, on less than an acre bounded by Speedwell, Prospect Street and Clinton Place.
‘A SIMPLE ADMINISTRATIVE PROCESS’
Plans have undergone many changes since the park was proposed in 2015.
Tuesday’s amendment allows the town to proceed with construction, by expediting Mill Creek’s transfer of the lot to the town — along with responsibility for obtaining final state environmental permits and a deed notice from Morris County, town Administrator Jillian Barrick said at Tuesday’s meeting.
Shifting these obligations won’t add costs for the town, and will streamline a process that otherwise would have required two rounds of state permits, she said.
“This is a simple administrative process,” Barrick said.
“The proposed amendment removes administrative hurdles to the park project without changing any other developer obligations to the town or the project. Most importantly, it allows the town to finally begin construction of the park without further delay,” Barrick said.
She said Mill Creek has completed all town-mandated improvements and remediation at the former town public works site, including grading and seeding of the property. Construction should start in a few weeks, she said.
The council approved an $818,000 bid last year by Ralph Checchio Inc. of Scotch Plains to perform the work this spring.
Unlike ordinances, council resolutions can be approved on first reading without public comments. This one was placed on the agenda by the mayor’s administration, which has operated for three terms under a motto of “Open and Transparent Government.”
Barrick did not respond when Morristown Green asked why the resolution was not spelled out in the agenda.
Explains why Town ignores safety violations at complex.
Any wonder why this stuff gets done behind closed doors in vaguely worded language? That is “open and transparent government”? Brammick refers to this as a “simple administrative process”. Simple that the town council unanimously voted to amend a “complex agreement”? Mill Creek and the town were to “share construction and maintenance costs for a passive recreation park”. Does this amendment relieve Mill Creek of their share of those future costs? Who is to pay the contractor on the $818,000. bid approved last year?
The sign clearly indicates “Environmental Investigation/Cleanup In Progress at this Site”. An LSRP or Licensed Site Remediation Professional was obtained to oversee this project.
How is it that this vaguely worded amendment will help to streamline a process that “otherwise would have required two rounds of state permits” if both parties had been responsible? Do we really want to streamline a process by short-cutting on state permits on a property under investigation for cleanup? She states that Mill Creek has completed all “town-mandated improvements and remediation”. Why is it still active on the state’s website? How can this be at “no cost to the town”? The property was already seeded but has not yet received approval by the NJDEP?
What might the contaminants be, since his was a Dept. of Public Works site? Town should know and they should disclose. How can it be that construction will start in a few weeks?
Here is the State’s DEP status and schedule for the property:
https://www13.state.nj.us/DataMiner/Search/SearchByCategory?isExternal=y&getCategory=y&catName=Site+Remediation
And why is it that residents can’t voice their concerns and pose questions like these of their local officials prior to a vote?
Mill Creek disreputable-no surprise this is a problem.