BY MICHAEL ACKER
Staff Writer
SAYREVILLE – Mayor Kennedy O’Brien was unsuccessful in his attempt to stop the Borough Council from adding two of its own members to the borough’s redevelopment agency.
The Borough Council on Monday voted 5-1, along party lines, to override the Republican mayor’s veto of an ordinance that expands the Sayreville Economic Redevelopment Agency. The council then appointed Democrat Dennis Grobelny to SERA.
O’Brien announced his veto in a written statement last week, saying he is obligated to do so because the measure uses provisions in a state law that he believes “was passed in a lame duck Legislature last December and signed by [then] Gov. [Richard] Codey.”
The ordinance that O’Brien vetoed was previously adopted by council Democrats due to their concerns that the agency was conducting too much business in private.
O’Brien, who appoints SERA’s members, responded to the Democrats’ concerns by saying that “SERA has never had anything to hide, especially with regard to the governing body.”
On Monday, council President Thomas Pollando made a motion to override O’Brien’s veto, and all but Republican Councilman John Melillo voted in favor of the motion. Pollando then recommended Grobelny for one of the two seats on SERA. No member was appointed to the other seat, however.
O’Brien requested that the council hold off on Grobelny’s appointment, citing the “sensitive nature” of the matter and the varying legal opinions of Borough Attorney Brian Hak and SERA Attorney Christopher Hanlon regarding the legislation and the ordinance.
Hak said the council’s action is effective immediately, and Grobelny will be able to attend this week’s SERA workshop as a member of the agency.
O’Brien provided a written statement to the press with his opinion that the state law is not valid because, he said, it only affects Sayreville.
“The exception in the law for the method of appointment of the two additional commissioners in municipalities governed under the borough form of government makes it clear that this provision of the law only applies to Sayreville, which appears to violate the section of the state Constitution that prohibits special legislation that only effects one borough,” O’Brien said.
O’Brien proposed a compromise, suggesting that the council add nonvoting members to SERA.
Pollando told the Suburban that O’Brien’s suggestion was not a substantive enough change for him. He cited the mayor’s compromise as being too similar to the committee that the council formed last month to act as liaison to the agency.
“I felt his suggestion was no different than having council members in the committee,” Pollando said. “What difference would that have been?”
Pollando said the council’s decision sets up a more balanced system.
“[O’Brien] is able to vote [on SERA]. Why shouldn’t councilmen be able to vote on SERA? Plus, I believe the constitutionality of the resolution is correct. It was passed by the Assembly and signed by the governor,” he said.
Pollando reiterated his belief that threatened litigation by SERA is not going to hold up in court, and noted that he felt it was a showing of good faith in that only Grobelny was appointed to SERA.
O’Brien told the Suburban he is “extremely disappointed” with the council’s decision to override his veto.
“My administration has been working to redevelop National Lead for six years, and now, at the 11th hour, we have to deal with people playing a very dangerous game of politics for self-serving purposes,” he said.
O’Brien reiterated his concern that the property could be turned over to Middlesex County if the process is delayed by litigation as a result of the ordinance. He added that it is the duty of the council to ensure long-term tax relief for residents through the redevelopment of the National Lead site.
“My veto was designed to ensure taxpayers got that relief. Unfortunately, I was overruled.”
SERA Chairwoman Christine Spezzi was not surprised that the council decided to override O’Brien’s veto.
“I really have no problem with them appointing one or two commissioners,” Spezzi said. “I just question the timing. If they would be willing to wait until the developer is chosen then I would not have any problem.”
And SERA’s selection from among four firms proposing redevelopment projects on the National Lead site could come as soon as tonight.
Spezzi said SERA members have not yet made a decision, but they could come to a consensus as early as tonight, when the agency will hold a 6 p.m. workshop.
“All four of the [proposals] have been discussed,” Spezzi said, “but we have not whittled them down to one or two yet. It is very possible that we could make that decision [tonight].”
SERA Executive Director Randy Corman told the Suburban that the agency’s professionals would provide the commissioners with all they need to make a decision, including a final impact study and an updated evaluation of all the proposals by SERA Engineer David Samuel.
Corman said it is possible the agency will decide on a developer tonight, but it is also possible that the commissioners will want to give the decision more time.
Corman noted that the borough’s request for proposals for the National Lead site indicates the criteria for evaluating the proposals. These include the strength and relevance of the development plan, the strength of the financial plan, the qualifications of the developer, their experience with similar projects, references, and their presentations.