Read at the April 17th Meeting

Over the past few months I have been reluctant to discuss in any detail the implications of the current litigation brought by the property owner’s of Ford Avenue, involving the Borough as it relates to the affordable housing issue and the agency’s redevelopment plan for the Ford Avenue site that is incorporated in the Developer’s Agreement approved by the agency. However, in talking to many residents over the past few months it has become quite clear to me that there is confusion and misunderstanding over the subject of the litigation and more importantly what its impact would be on the Borough should the owner’s of Ford Avenue prevail in their suit.

 
After careful thought and consideration I have concluded that it is important for the residents to be fully informed about the potential impact on the Borough should the litigation be successful. More importantly the residents need to understand how success of the litigation could impact them and what is at stake for them and the Borough should the owner’s suit prevail. As Chairman of the agency, I believe it is the agency’s obligation to open a dialogue with the residents to discuss the facts surrounding the litigation. What I intend to discuss in my statement is already in the public domain. It is the Borough and its residents that will be most affected by the redevelopment of Ford Avenue. In the matter of the pending litigation there is the potential for a court ordered plan.
 
I have stated in the past and I continue to believe that the vast majority of residents support the agency’s plan for redevelopment which is dramatically different than the plan before the court. Should the court uphold the owner’s suit I believe that the will of the majority of the Borough’s residents would be frustrated. Discussing with the borough residents the facts in the litigation and its potential impact, should the owner succeed in the litigation, on the Borough and its residents is a responsibility we must not shirk. Clearly the resident’s best interests are at stake in the current litigation. In order for the residents to make an informed judgment over the issues involving redevelopment of Ford Avenue they need to know the relevant facts in litigation. As I have stated I believe as an agency we have that responsibility.

In Defense of Recent Statements in the Press

I have been advised by our attorney neither to make any public statements regarding the current litigation nor to entertain any public discussion while the litigation is pending. Obviously I have no intention of jeopardizing the Borough of Milltown’s successful defense of the litigation brought by the owner of the Ford Avenue site. However, I feel compelled, as Chairman of the agency to respond for the record to recent statements in the press from a leader and co-founder of the group called “Milltowners for a $sensible Ford Avenue Redevelopment”.

 
The comments of this individual supporting a plan that has a 45% increase in density, no age restriction on the units, no senior citizens project and loss of the $1,000,000 contribution toward the consolidation of the Borough’s fire stations highlights his agenda. This is quite apparent by the inconsistent nature of his recent statements. Let me explain. The following is Mr. Jegou’s quote from the Newark Star Ledger dated Friday, January 26, 2007: “Milltown can’t build anymore. I don’t believe in condemnation and I’d like to see Berger win this suit.” Ironically he has had an “original plan” in the Borough lobby for over two years. It calls for either open space, commercial and no residential units. Let me quote Mr. Jegou again “I’d like to see Berger win this suit.” For the record, Mr. Berger’s suit as outlined in the court papers, calls for 550 residential units, none of which are age restricted and contains no open space or commercial. Mr. Berger’s proposal does not contemplate any commercial space. Mr. Jegou’s “original plan” is all open space and commercial. Seems to me the two plans are in serious conflict. In addition, Mr. Jegou stated that he is opposed to condemnation. If title to the property for Mr. Jegou’s “ original plan” can’t successfully be negotiated with the current property owner I don’t know how in God’s name he expects to get title to the property to develop his plan if he doesn’t believe in condemnation? If he is opposed to the concept of condemnation, because it represents giving title to the property to developer Boraie, he would have to be opposed to condemnation giving title to the property to any developer including his, assuming a developer exists for his “ original plan”. This just doesn’t seem to make any sense at all.

 
His plan has not proven to be the “silver bullet” he professes it to be. I know of no serious offers or for that matter any offers to develop the site according to their “original plan”. If they had any “real” offers they would have been trumpeting them a long time ago.

 
So it is clear to all Milltown residents the Berger proposal before the court does not include any commercial or retail space, would have 550 residential units, or approximately 25 units per acre and all the residential units would be market based. There are no and I emphasize no age restricted units, 55 years or older in his plan that is before the court. If you do the math the Berger plan of 25 units per acre represents an approximately 45% increase in the density at the site over the agency’s plan of 15 units per acre. Furthermore, all and I state again all of the 550 residential units would be market based. Assuming that only half of those units, and I am told by experts that this is a conservative figure, have only one child, we are talking about a potential influx of school age children of approximately 225 children to be added to the Milltown School system.

 
The leadership of the Milltown group now supports a plan that increases the density at the site by 45% over the agency’s plan, totally removes the age restricted requirement and makes the 550 units market based. This acknowledged support of the Berger proposal is in direct conflict with their “original plan”. Is the leadership now talking on behalf of all its alleged members? They have been attacking and vilifying the members of the agency and opposing the agency’s plan because the agency’s plan proposes what they call high density residential housing. However, they now embrace and support an alternative plan that includes an even higher density of residential housing than the agency’s plan. It does not include any commercial or retail space the cornerstone of the Jegou plan. Mr. Jegou’s statement is a clear an unequivocal endorsement of the Berger plan that is 180 degrees opposed to their “original plan”. He went on to say… “If we only had commercial space there to bring in the ratable too the borough.” I want to state again for the record that there is no commercial or retail space in the Berger filing with the court that Mr. Jegou now endorses.

 
Having now been exposed Mr. Jegou tries to explain away or justify his recent position to the press by saying in a Sentinel press article dated February 8, 2007, almost two weeks after his quote of support for the Berger proposal in the Star Ledger article, the following. “If Mr. Berger wins, now we have a chance to say ‘No this is no good’. Mr. Jegou is not a lawyer nor does he have any legal training to allow him to speculate or draw any legal conclusions regarding the potential outcome of a very complex case involving a serious constitutional issue before the court. More importantly I for one would not want to rely on his “legal” opinion as to the potential outcome of the case and the options available to the Borough.

 
The misstatements, inconsistencies and distortions expressed recently by Mr. Jegou about the redevelopment of Ford Avenue are troubling. When you examine many of his statements it becomes exceeding clear that his position has vacillated all over the lot and are clearly contradictory. He appears to lack an understanding and grasp of the complex process, issues and the legal implications facing the Borough and the agency.

 
I pledge as Chairman to continue to be honest and forthright with the residents of Milltown in discussing the myriad of complex issues facing the redevelopment of Ford Avenue. I am still hopeful that resolution of the court proceeding will ultimately be in line with the agency’s objectives and ultimately in the best interest of the Borough of Milltown and its residents. As Chairman I offer the services of the agency to assist the Mayor and Council in helping find a reasonable and responsible solution that will allow the Ford Avenue redevelopment project to go forward as planned. I am willing to discuss and bring before the agency consideration of any and all responsible alternative solutions that ultimately are in the best interests of the Borough and its residents. At the end of the day it is the best interests of the Borough and its residents that we have been entrusted to serve.

 
I have stated on a number of occasions that this is a very serious matter. The wrong decision could have dire consequences on the Borough. Let us not get caught up in either the “blame game” or politics in trying to solve this critical problem. I firmly believe that all options should be explored and left on the table. Mr. Jegou there is an old saying, “Be careful over what you wish for you may be surprised and get it.”

Delivered at the  Milltown Ford Avenue Redevelopment Agency’s Reorganization Meeting

I want to again thank the Mayor for nominating me to another term on the agency, the Council’s confirmation of my appointment and my colleagues for electing me Chairman.  My pledge to the governing body of Milltown and to its residents is to do everything humanly possible to complete the job the agency has undertaken that is the redevelopment of Ford Avenue. The goals of the agency in redeveloping Ford Avenue have not changed. Ford Avenue will be redeveloped in an environmentally sound manner in full accordance with state and federal standards. The agency’s plan maintains the traditional values and culture of the Borough. The plan is economically viable in other words it will be marketable and provide for a stand alone senior citizens facility, maintain the $1,000,000 commitment toward the consolidation of the Borough’s fire facilities and finally ensure that the project, when fully built out provides the maximum amount of property tax relief for the Borough’s already overburdened property taxpayer.  From my perspective as Chairman these goals are non-negotiable.

I still believed with full conviction that the Plan approved by the agency is the right plan and direction for the Borough and want to see it through to completion. Yet, as I have expressed in the past, I am suffering from the same sense of frustration over the lack of progress of the project. I did envision the project being further down the path of redevelopment. However, for reasons beyond my control or that of the agency we are where we are. However, I’d be less than candid if I didn’t state that the over all progress of the project to date continues to frustrate me. I began questioning or wondering whether new leadership could move the project to the next phase. As Chairman I have been a very strong and outspoken advocate of the agency’s plan. It therefore placed me in the crosshairs of those opposed to the plan. That aspect has never really bothered me. As they say it comes with the territory. However, was the ancient Egyptian custom of “If you don’t like the message kill the messenger” unknowingly influencing the agency’s plan??

What motivated me to accept reappointment to the agency was the need to move the redevelopment of the site which has been the vehicle for facilitating the clean up and environmental remediation of Ford Avenue. It is without any doubt a critical issue facing Milltown. It was one reason that motivated me to go before the Mayor and Council some five years ago to suggest that they consider the formation of the agency to address the Ford Avenue challenge. Unfortunately, the attacks on the merits of the agency’s plan where being clouded by allegations that as Chairman I was acting in an arrogant manner that precluded the public from a fair chance to be heard on the issues.  These allegations were and are troublesome. I know in my heart of hearts that they are without foundation.

While I have always been known as a worthy adversary I likewise have a reputation of respecting contrary views albeit at times very aggressively but yet very respectfully. The allegation that is especially troublesome is where a citizen has alleged that I said to him quote “shut up and sit down.”  This has been stated on the floor of this chamber and in the press on numerous occasions without substantiation.  I can honestly state publicly and have done so before that I have no recollection of ever making such a statement. But maybe it was said and I honestly don’t remember. So to clear the air once and for all I have asked my accusers to do what is only reasonable. Since they made the accusation provide proof that I said what they claim I said. I ask them again to present either a quote from the newspaper account they are relying on or the video tape of the meeting where I made such a statement. I made this request literally some time back in an effort back than to put this issue to bed once and for all. To date my request has gone unanswered. Just in case the request has been overlooked or forgotten I will reiterate my request again tonight. If presented with either documentation I will publicly apologize to my accusers and the residents of Milltown for such a disrespectful comment.

 
I want to put this charge of alleged “arrogance” behind us and fine tune the more important aspects of the agency’s plan. This current request is made with the same objective of the past. My commitment is to do what is right by the citizens of Milltown. There has been enough personal vilification and acrimony of the agency and its members. I have made a
decision and commitment to myself and the residents that acceptance of reappointment to the agency would not contribute, invite or be the cause for the public’s concern in attending the agency’s meeting. The agency’s deliberations and actions are too important to allow this type of attempted distraction to occur.

 
My over all decision to accept reappointment was driven by a very strong conviction that the public policy initiative and the agency’s plan  has the support of a majority of the citizens of the Borough.  I have seen no tangible or reliable evidence over the past five years, bearing in mind the countless meetings and outreach of the agency to prove otherwise. The agency acknowledges and I have stated that there are challenges presented by the agency’s redevelopment of the site. We were accused of being indifferent toward the cleanup of the site. Opponents argued that we would compromise the environmental cleanup to the benefit of the developer. Those critics have been proven wrong. For the record Ford Avenue has had the most extensive site investigation and remediation of a Brownfield site its size in DEP history.  My fellow residents that just didn’t happen it was planned and occurred because of the agency’s actions working in cooperation with the State DEP and the EPA.  The agency’s concern in assuring that all voices are heard on the environmental issues and insure input into the remediation of the site, resulted in the agency’s authorization of Mr. Chapin, the opposition group’s environmental engineer to be part of the TRIAD group. This resulted in his active participation in all of the work of TRIAD involving the extended site investigation and remediation deliberations of the site.

 
Let me for a moment due a little revisionist history. Some of our residents who were not around may not be aware of and other residents who were around may have forgotten about Milltown’s challenges of the past. Milltown faced the same pubic policy challenges in it’s recent past regarding the proper management of its future growth and expansion that it now faces with the redevelopment of Ford Avenue. I recall the same doom and gloom being expressed when the Borough addressed the much needed expansion of Joyce Kilmer School in the mid 70’s, the privatization of the library, the Borough’s redevelopment plan of the Mill, the Washington Avenue residential development, together with the Lindstrom tract on Clay and Brook Drive. Remember the limited but vocal opposition to the construction of the Borough Hall and the Home Depot. These projects all presented challenges no different than those presented by Ford Avenue. All those perceived challenges were resolved in the best interest of Milltown and its residents. At the end of the day the life style, culture and tradition of the Borough of Milltown was not changed one iota. Why because Milltown has always been blessed with elected and appointed officials who had the courage, commitment and foresight to guide Milltown through these challenges. In so doing they did not compromise the life style or culture of the Borough or its residents.  In making those tough decisions our officials always saw the glass half full not half empty. I’m convinced that today Milltown enjoys that same caliber of public official.

Let us remember that the Ford Avenue agency was created and appointments made on a bipartisan basis. It was taken out of the usual political arena of procrastination that ultimately results in inaccurate, confusing and self serving messages being conveyed to the public. Both political parties in Milltown have put the best interest of solving the problems at Ford Avenue above partisan politics. I would argue further that the diversity, growth and improved municipal services resulting from the above projects have enhanced the culture lifestyle and traditions of the Borough of Milltown. The same will occur when the agency’s plan for Ford Avenue becomes a reality. Make no mistake no major change, especially the magnitude of the changes necessary at Ford Avenue will come easily or without challenges. If you look at the redevelopment plan of Ford Avenue honestly and objectively and weigh the benefits to the Borough and its resident/taxpayers the pluses far outweigh any perceived minuses.  What I do believe is that at the end of the day when the project is completed and finally implemented the environmental nightmare and eyesore at Ford Avenue will be finally solved. All of the challenges presented by redevelopment of the site will be more than adequately remedied and long forgotten just like the projects of the past.

So tonight I again publicly commit to the residents of Milltown a continuation of the candid, open, honest and factual dialogue of the redevelopment of Ford Avenue. You have been and are more than welcome to come before this agency at any time to express your views regarding the agency’s plan of redevelopment. If there has been any misunderstanding regarding this matter I take full responsibility. You should not be concerned over your participation and expressing your view points. Put aside any fear or perception that appearance before the agency will be met with intimidation by me or any member of the agency. This has never been the case nor is it my style or objective. The purpose and intention of this statement is not to concede that it exists but to remove any obstacles that may inhibit the public’s participation at our meetings perceived or otherwise.  This is not and I repeat not to be considered as a new policy or a change in course of the agency but a reaffirmation of existing policy to publicly allay any concerns that may exist in the minds of the public.

Let me express a note of caution however. In all the years that I have served in either an elected or appointed position, whether it be on Council, as President of the Library Board or the Fourth of July Committee and others I have always found Milltown residents to be respectful of constituted authority and that authority respectful of the rights of the public. I have experienced this first hand. As they say I have “walked the walk and talked the talk” and in doing so I have never been accused of being arrogant. It is critical for all sides to accept and exhibit mutual respect for each other. While we may disagree we don’t have to be disagreeable. I want to make clear that as Chairman it is my responsibility to insure that our meetings are conducted in a civil manner. There should be no mistake or misunderstanding that civil disobedience toward any legally constituted order or ruling by this agency will be dealt with accordingly. Furthermore, all too often in the past misinformation and distorted facts have been brought out at our meetings that as Chairman I could not allow to stand without correction. The public has to understand also that it is my responsibility as Chairman, to insure that accurate data and factual information is brought before the agency and is conveyed to the public. We have an obligation to see that the public is provided with the accurate facts about the agency’s plans for the redevelopment of Ford Avenue. Only than can an informed position on the future of Ford Avenue be made.  As Chairman this is my commitment to the residents of Milltown.

Thank you for listening and a Happy and healthy New Year to all.