BY MICHAEL ACKER
Staff Writer
SAYREVILLE — As anticipated, the Sayreville Economic Redevelopment Agency has filed a lawsuit in response to legislation that allows Borough Council members to sit on the agency.
The Borough Council adopted an ordinance last month making SERA a nine-member body that includes two council members. The ordinance was made possible by new state legislation sponsored by Assemblyman John S. Wisniewski, who is also the Democratic Party chairman in Sayreville.
Mayor Kennedy O’Brien, a Republican, vetoed the council’s action, but the mostly Democratic council over-rode that veto last week. The council then appointed Dennis Grobelny to SERA.
O’Brien, who is a SERA commission, and SERA Executive Director Randy Corman have been the most outspoken opponents of the recent legislation, saying it puts the borough at risk of a lawsuit at a time when it is selecting a developer and redevelopment plan for the 400-plus-acre former National Lead site. They fear that one of the developers who was not chosen for the project may sue if the ordinance is allowed to go through without a judicial declaration.
The overlooked developers can take the borough to court seeking a new selection process, Corman said.
Democrats on the council have refuted the claims made by O’Brien and Corman, saying it only makes sense to have council members on SERA, since they are elected by the public. In the past, all of SERA’s members were appointed by O’Brien.
Democrats have also voiced concerns that the agency tends to operate outside of the public eye, a claim that Corman disputes.
“[SERA] wants to make sure that the governing body gets as much information as they can about the project. This is something that, as we move toward a redevelopment agreement, we will work closely with them,” Corman said.
If the court rules that the legislation is constitutional, Grobelny’s votes will not be subject to a challenge, he said.
“In the meantime, Dennis Grobelny will be treated as a commissioner and he will get every piece of paper that the [other] commissioners get,” Corman said.
Corman added that he hopes a decision will be made quickly by the court “so we can get this issue behind us,” but he said the judge could also reserve the decision.
A hearing on the lawsuit is scheduled for March 21 at the Middlesex County Courthouse, New Brunswick.