By: Vic Monaco
HIGHTSTOWN A decision on whether Borough Council will entertain any action Monday on the redevelopment of the former rug mill property changed by the hour this week.
On Wednesday, Borough Attorney Fred Raffetto said council was set to approve a memorandum of understanding with John Wolfington, the owner and developer of the property. An MOU would simply establish the escrow fees required of Mr. Wolfington so that borough staff could proceed with its review, Mr. Raffetto explained.
Even that would be a much smaller step than had been anticipated to occur as early as Nov. 6 turning Mr. Wolfington’s designation as conditional developer into a full developer’s designation.
Mr. Raffetto said Wednesday that the interim step was being taken because Mr. Wolfington has a new attorney, who wasn’t comfortable with simply tweaking the conditional agreement the two sides had reached in 2004 before the two sides parted ways, unable to reach a finalized agreement on how to redevelop the 7-acre site.
"We’re streamlining and simplifying the process so we don’t get hung up on semantics and get to bottom line, which is funding," Mr. Raffetto said Wednesday.
However, after a council committee meeting was held Thursday, the planned council action had been delayed.
"The memorandum of understanding is off of this Monday’s agenda," confirmed Council President Dave Schneider, a member of the committee who was unable to attend the meeting. "There are issues yet to be resolved."
Borough Administrator Candace Gallagher said the two sides simply didn’t get to the escrow issue during the meeting.
But later Thursday afternoon Mr. Raffetto said that issue had been discussed by phone after the meeting and Mr. Wolfington was open to the MOU action Monday.
"We hadn’t agreed on a conceptual plan at the meeting and it was presumed there would be no MOU. But I reached out and the potential exists that the MOU will be on the agenda," he said.
Mr. Schneider said earlier in the day that he remains optimistic of an agreement being forged with Mr. Wolfington. He acknowledged that the prospect of the borough trying to take the land through the eminent domain process, something Mr. Raffetto has said is an option, is not a pleasant thought.
"That could take one to three years to get through the court case," Mr. Schneider said.
Although the MOU apparently only concerns escrow fees, another possible roadblock is the ordinance’s requirement that the redeveloper create a new or refurbished municipal building as part of the project.
While the number of units in Mr. Wolfington’s latest public plan 119 condominiums and eight townhouse units is in compliance with the recently revised ordinance, that proposal did not include a new or refurbished borough hall.
Mr. Wolfington could not be reached for comment this week.
Mr. Schneider said another subcommittee meeting with Mr. Wolfington could be held as early as next week.
The rug mill property is one of only two significant pieces of property left for development in the borough, the other being the former Minute Maid property.
