By Matthew Sockol
Staff Writer
FREEHOLD TOWNSHIP – Municipal officials are taking action to preserve commuter parking spaces following the parking lot owner’s notification that an agreement with Freehold Township for commuter spaces in the lot will come to an end.
On July 26, members of the Township Committee adopted an ordinance that authorizes the exercise of eminent domain, if advisable, to acquire a real property interest over approximately 305 parking spaces in the Freehold Mall shopping center, Route 9 north. Certain spaces at the lot are currently designated as commuter parking.
The Freehold Mall is commonly known as the shopping center that includes the Burlington Coat Factory and a Work Out World fitness center.
Eminent domain (condemnation) allows a governing body to take private property from its owner for a public use, with compensation paid to the property owner.
Mayor Barbara McMorrow, Deputy Mayor Lester Preston and committeemen Anthony Ammiano and David Salkin voted to authorize the use of eminent domain and allow the acquisition of the real property interest.
Committeeman Thomas Cook, who parks in the lot, recused himself from the issue and was not present in the meeting room when the topic was discussed by the remaining members of the governing body.
An ordinance authorizing the exercise of eminent domain was initially adopted by the committee on June 28. The explanatory statement accompanying that ordinance said the law empowered the township to acquire a parking easement over the parking lot.
The explanatory statement was changed in the ordinance that was adopted on July 26 to say it empowers the township to acquire a real property interest over the parking lot.
The committee’s desired acquisition of a real property interest follows the termination of the township’s lease for the commuter parking spaces in the lot by property owner Freehold Shopping LLC. According to a flier notifying commuters of the lease termination, the effective date of the cancellation will be Oct. 31 and commuters will no longer be permitted to park in the lot as of Nov. 1.
Municipal officials hope to obtain parking rights to the lot before Oct. 31, according to a notice that was posted by the township.
After the first ordinance was introduced by the committee on June 15, it was met with opposition from a representative Freehold Shopping LLC.
In a June 22 letter requesting the committee to withdraw the ordinance, attorney William Wolf, who represents Freehold Shopping LLC, said the township’s move to acquire an interest in the property would have a disastrous effect on the shopping center.
According to Wolf, the spaces that are designated as commuter parking have prevented Freehold Shopping LLC from attracting national companies as lessees. Wolf said that situation would be compounded by the township seeking to control a significant portion of the site.
He said Freehold Township would likely have to acquire the parking spaces by condemning a fee interest instead of an easement, which he said would increase the cost of the acquisition.
Wolf appeared before the committee on June 28 and asked for the ordinance to be withdrawn. He said if the ordinance was not withdrawn, representatives of Freehold Shopping LLC would hope to have a dialogue with municipal representatives.
After that ordinance was adopted, Township Attorney Duane Davison said municipal officials intended to set up a meeting with the property owner and work to the benefit of all concerned in the matter. He said the parking easement was just the beginning of the process to allow residents to continue using the lot for commuter parking.
Salkin said officials have taken a cautious approach as they seek to protect the interests of the community.
As stated in the ordinance that was adopted on July 26, the intent of the law is to allow, but not require, the exercise of eminent domain to acquire the property in question.
Following the adoption of the ordinance on June 28, the committee passed a resolution to enter into a contract with the law firm of McKirdy & Riskin, P.A., for the acquisition of the commuter parking spaces and the possible eminent domain proceedings. The law firm’s services are expected to exceed $17,500 and the anticipated term of the contract is one year, according to the resolution.
On July 28, Township Administrator Peter Valesi reported that municipal officials have met with the owner of the Freehold Mall and he said additional meetings could be held to discuss the issue.
The committee adopted a $7.5 million bond ordinance on July 26 authorizing various capital improvements in Freehold Township. The bond ordinance includes the land acquisition at the Freehold Mall and appropriates $2.4 million for that purpose.