The Board of Education’s attempt to get its share of money from a proposed land sale between the city and New Jersey Transit could jeopardize the deal, said Mayor Dennis Elwell last week.
"We don’t have a deal with anybody yet," Elwell said. "But the more attention we draw to it, it could make New Jersey Transit back out."
In July, the town introduced an ordinance authorizing the mayor to sign an agreement with New Jersey Transit to buy a 16-acre tract of land near Harmon Cove.
The land was set aside in the 1980s by Hartz Mountain Industries for possible use for a school. Despite its possible sale to NJT, it is required to be used for education or recreation, according to a 1987 agreement made between Hartz and the Board of Education. Of the 16 acres, four acres of wetlands must be maintained as wetlands. Hartz Mountain had put the land aside because they were significantly adding to the town’s population by building the residential Harmon Cove development.
The Board of Education deeded the property to the town in 1987 order to accommodate the construction of several ballfields needed by the town’s recreation program.
Several board members were particularly vexed by the town’s failure to inform the board about the ordinance introduced in July to sell New Jersey Transit the land.
"What bothers me most about this is that we weren’t contacted," said Board President Paul Amico, a sentiment echoed by Board Member Tom Troyer.
This month, Board of Education members expressed concern over the sale, claiming the town had no right to sell the land without Board of Education approval. And the board members also said that if there is a sale, the board should get some, if not all, of the money. Negotiations are currently underway between attorneys for the Town Council and the Board of Education in attempt to work out a compromise. While some board members want total control of the property, Dennis Maycher, the board’s attorney, said most board members are concerned about the schools getting a fair share.
Elwell disagreed, but said the board’s position could jeopardize any potential deal the town might make with New Jersey.
Elwell said negotiations are ongoing and that the town and New Jersey have only agreed on $500,000 fee for moving the ballfields elsewhere.
Most the property is currently not being used. New Jersey Transit is seeking to use the land as a staging area as well as for part of a redirecting of the Bergen train line, which currently runs from Hoboken through Secaucus to points in Bergen County.
"Because New Jersey Transit already has an easement through the property, they don’t have to give us anything," Elwell said, pointing out that continued dispute over who should get the money could leave the town and the school board with no money at all. "If New Jersey Transit backs out of the deal, it’ll be the kids that get hurt."
Elwell added that while some numbers have been "tossed around," no serious agreement has been reached.
"I need a vote from the Town Council before I can move ahead with an agreement," Elwell said. "We were intending to put the matter to a vote at the next meeting."
The Town Council is expected to approve the ordinance at the Aug. 28 meeting, allowing the mayor to sign the agreement for the sale. Elwell said the agreement would be a show of good faith by New Jersey Transit, and he feared that a conflict over the proceeds would discourage New Jersey Transit for giving the town anything.
"They have a prior existing easement through that property," Elwell said. "They can do pretty much what they want with or without an agreement with the town."
Elwell said New Jersey Transit has agreed to move the two ballfields to another location, and that both the town and New Jersey Transit agreed the cost would be about $500,000.
"That was based two cost analysis, one by New Jersey Transit and one by the town engineer," Elwell said, although town officials have not yet picked a new location for the fields. The town could move them to a section near the former site of the Old Mill on Millridge Road, but that is also uncertain.
"No matter what we do at this point, New Jersey Transit will have its trains moving through that property," Elwell said. "The question is, will the town get anything for it? Right now I’m not authorized to sign an agreement until council authorizes me to. I’ve reported to council what the current offer is, but the council will have to vote on it."
Sources claim the final agreement could be as high as $1.8 million.
School officials, however, said deed restrictions state that the board has the final say on how the land is allocated. Board Attorney Maycher said the board and the town are talking to determine a final financial breakdown, how much of the pie each side will get if and when the land is finally sold to NJ Transit.
Elwell, however, said the agreement with New Jersey Transit meets the criteria set by the original agreement with Hartz since the funds would be dedicated to moving the fields and as a down payment on a new recreation center.
The board was scheduled to discuss the matter in closed session prior to its Aug. 23 meeting, in which Maycher was expected to report on his findings.