By Greg Forester, Staff Writer
WEST WINDSOR — Mayor Shing-Fu Hsueh on Friday reiterated his strong opposition to a proposed Township Council ordinance giving it power over redevelopment, repeating his interpretation of the law, which clashes with that of some Township Council members.
The mayor did so by making public a Feb. 4 memo written by Township Attorney Michael Herbert. The memorandum is an analysis of the proposed ordinance and supports the mayor’s views, contrary to the opinion of some on Township Council.
The controversial ordinance would designate Township Council as the “redevelopment entity” and ultimate arbiter in planning for the township’s 350-acre redevelopment zone, but beyond that there is disagreement in the township over exactly what powers Township Council would have, especially in the area of negotiating contracts and hiring consultants.
On one side, the measure would empower Township Council to hire consultants and negotiate contracts, in effect assuming powers independent of the rules governing how Township Council works with the mayor in West Windsor’s form of government, according to Councilman Charles Morgan.
”I wouldn’t disagree that council has no authority by itself to hire anybody,” said Mr. Morgan. “But as a redevelopment entity, that is a different question that hasn’t finished being fully vetted.”
Mayor Hsueh took a completely different view on the matter, as did Mr. Herbert in his Feb. 4 memorandum.
Under West Windsor’s mayor and council form of government under the state Faulkner Act, those powers remain strictly in the hands of the mayor, regardless of a redevelopment entity designation or whatever other role council members take on in the redevelopment process, according to Mayor Hsueh.
”Legally, I don’t believe that this works in the form of governments that we have,” said Mayor Hsueh. “Personally, I think it’s always important that we work together.”
One reason the mayor cited for the reaffirmation of his opposition was that the ordinance was up for discussion and possible introduction at Monday’s Township Council meeting, and he wanted to make it clear that he did not agree with Mr. Morgan’s take on the law.
Also, Mayor Hsueh said someone had informed him that Mr. Morgan had been outlining some of the strategy involved with the ordinance online, at a Google Groups site called “ww community concerns.”
Mayor Hsueh said he had reviewed comments that implied the redevelopment entity ordinance would allow Township Council to possibly look for new planning consultants, replacing current township professionals Gary Davies and John Madden.
”Many friends told me not to open (the site) because it would make me feel sick,” Mayor Hsueh said.
Mr. Morgan’s Feb. 23 comments — which offended Mayor Hsueh — were as follows”
”…note that the ‘discussion’ (altercation? Fight?) over who controls the choice of the redevelopment attorney is a precursor to any discussion of substitutes for Madden and Davies,” wrote Mr. Morgan. “That’s partly why the ‘discussion’ over the redevelopment attorney is so important.”
Later he said, “this is also why the debate over the redevelopment entity is so important. It remains an open question whether council, in its completely separate role as a redevelopment entity, has the power to hire advisors without having the mayor being a ‘check and balance’ on the council’s ability to make those decisions.”
Mayor Hsueh said he felt Mr. Morgan was writing off the township’s consultants before they had even performed any work.
”Before they even produced any work, he is talking about getting rid of them,” Mayor Hsueh said.
But according to Mr. Morgan, the mayor misinterpreted the comments. Mr. Morgan said the online comments had no implications on the competence of the township’s consultants.
”He is being silly,” said Mr. Morgan. “The question is not whether Mr. Davies and Mr. Madden are competent, the question is whether or not we should be taking any professional at face value and negotiating without putting a firm through a process where we see all of our options.”
When interviewed about the controversy, other council members said they wanted to move on from the issue, and get started on the redevelopment planning.
Council President Will Anklowitz said that for him, it was more important for the five council members to reach consensus on what they actually wanted in a redevelopment plan, instead of worrying about governmental powers and legal minutia.
”Whether we call ourselves council or the redevelopment entity, it’s more important for us to reach consensus,” said Mr. Anklowitz. “We need to get our heads together as one mind, and settle our differences.”
Councilwoman Linda Geevers had already consulted with outside attorneys on the matter.
She said the mayor was correct about his office retaining powers of appointment and working out contracts, regardless of the entity designation.
”From the materials I have received, the redevelopment law does not supercede the Faulkner Act,” said Ms. Geevers, who consulted with attorneys from the New Jersey League of Municipalities. “The mayor recommends to council, and the council takes a vote. It doesn’t have the power to appoint its own consultants.”
Further, she said she supported the appointment of attorney Dennis McManimon as redevelopment counsel, as proposed by Mayor Hsueh.
”I believe we need to hire a firm with extensive experience in redevelopment financing,” said Ms. Geevers. “McManimon clearly has the most impressive credentials for this critical work.”
The “ww community concerns” Web site is located at http://groups.google.com/group/ww-community-concerns.
