Sias-Hill said the process should have included a title search to make sure the city owned the land "free and clear" and the Housing Authority should have had a resolution on the authority's intent to acquire the property. In addition, she found two provisions of the ordinance in conflict, one referring to sale or lease of the property and another calling for a memorandum of understanding for action to be taken in the future.
Further, she said a state statute cited in the ordinance did not apply to the circumstances of the transaction.
After Sias-Hill spoke, Councilwoman Rebecca Williams said she felt the ordinance should be tabled.
"We can't pass an illegal ordinance," Williams said.
But Councilman William Reid made a motion to move the ordinance and Councilwoman Gloria Taylor seconded it.
Councilwoman Tracey Brown, who initially asked Sias-Hill whether the ordinance was legal, moved to amend it based on the corporation counsel's recommendations, but Council President Bridget Rivers said Sias-Hill really didn't make recommendations, "She just gave a bunch of statements."
Williams raised the issue of needing a complementary resolution from the Housing Authority and said the action was not being taken legally. She said she felt the governing body should listen to the corporation counsel.
"This council would not do anything illegally," Rivers said, and with a bang of the gavel called for the vote.
Reid, Taylor, Rivers, Brown and Vera Greaves voted "yes" and Williams voted "no." Cory Storch was absent.
Mayor Adrian O. Mapp can veto the ordinance within 10 days, but asked how he would proceed given the corporation counsel's advice that clarifications should have been made first, he said he would seek a thorough review with legal counsel.
"Her opinion in my mind was very clear," Mapp said, calling the vote "very sad."
"She provided information to the governing body that should have been used to come to a decision," he said.
The land in question consists of a municipal parking lot located at West Second Street and Central Avenue, with a portion extending to West Front Street, and a second parcel at the corner of Madison Avenue and West Second Street. The Housing Authority's interest in acquiring the land became public at an October conceptual hearing before the Planning Board at which Chairman Ken Robertson advised HAP Executive Director Randall Wood to "cut your deal with the City Council first."
A prior ordinance presented to the governing body in November was deemed "not legal" by then-Corporation Counsel David Minchello and redevelopment counsel Robert Renaud. Wood gave the revised ordinance to the council in July, but he asked for it to be withdrawn before the vote on first reading. Rivers said the ordinance was in the council's hands and Wood had no further say over it. Monday's vote was for second reading and final passage.
--Bernice
As a advocate for the hurt,the Hungary and the homeless. I comment the council for their courage and vision. Organizing for peace,progress and prosperity for all. Norman x Johnson
ReplyDeleteWell, good for you Norman, but none of your commentary has anything to do with this ordinance. In fact, given the sordid tale behind this sleazy deal, I would say you're an advocate for corruption as well.
DeleteAnonymous 1:53, if you "commend" the council then you also recommend corruption and illegal activity by our elected representatives. I guess you are lacking morals like Rivers, Taylor, Greaves, and Reid. Let's all vote and write in anyone, but Jerry's people in November!
DeleteAttention Developers Interested In Plainfield.. This is how easy you can get your project started in the City when you apply enough "grease" BEFORE you propose your project.... so much easier when you have the Council being instructed on how to vote, not what is right or legal.
ReplyDeleteAttention developers maybe now we can see African Americans, and Latinos working on some of these jobs. Just take a ride around the city all you see is Caucasians working on these construction sites. Good for the council for standing up for all people.
ReplyDeleteRivers has been pushing for this deal since November.
ReplyDeleteIf Mapp does not veto this, it's time for citizens to notify the state and attorney general of the council and mayor's illegal actions.
The Council did not have any vision or courage in passing an illegal resolution and ignored the good advice of corporate council. Just because Ms. Rivers says the Council would not do anything illegal, doesn't make it so. She is the most irresponsible Council President we have had in many years. It appears that members of this council don't mind giving away public property without forethought or due consideration. I'm sorry to see Plainfield in the hands of such people who do not have the good of this city in mind, but only that of their mentor and puppeteer. I hope this is found illegal, the state and governor's office gets involved and the members of the City Council who voted for this get prosecuted for their inept and illegal behavior.
ReplyDeleteNo one is talking about the fact tat this administration have already promised this land to someone else. Let's be real Plainfield wake up. they are giving Plainfield away to
ReplyDeleteAs you note, regarding the land grab ordinance, the corporation counsel raised a number of legal issues with it--her concerns are in ADDITION to those of our previous Corporation Counsel, as well as the redevelopment attorney, Robert Renaud, who also found illegalities with it. I called it an illegal ordinance and asked for it to be tabled. No one on the council has a law degree (myself included!) but these NON-lawyers decided to pass it anyway. Council President took issue with my calling it "illegal"--if it is not legal, it is ILLEGAL. That doesn't seem to matter to them. The fact that this was also "walked on" by the council in our July meeting highlights the hypocrisy of the council president's stance when she tried to circumvent my attempt to place an ordinance before the council yesterday. Her rudeness toward me, and trying to speak over me when I was discussing the illegal ordinance was duly noted on camera--and quite unbecoming of someone who purports to be a leader. I am hopeful that the state will intervene to take a closer look at this, as well as the federal government, in terms of the Housing Authority.
ReplyDeleteRebecca
Bob you are as raciest as they come and your problem is that you can control the African Americans in this city. Well sir the 50's, 60's are over. I am proud of the council for not breaking down because of all of this negative garbage. If you don't stand for something you will fall for anything POWER TO THE PEOPLE
ReplyDeleteAnon 12:59 - the race baiting is really tired. Its also really ridiculous considering this town has been managed by the african american community since the 80's and sadly they continuously put people in power that enriched themselves and did nothing for their own people or the town as a whole. Just look around - it can only be a deliberate move for the West side of town to see almost ZERO development over the last 30 years. The black population in town should start asking questions of their council members and assemblyman. Ask them when the last time they did a development in town that didn't have a Toliver, Dunn or Saunders connected to it? Ask them when the last time they pushed for new development on the west side was (development means jobs - and not just construction which is short term).
DeleteStop the race nonsense - the only people failing you are your own elected leaders and their friends. Lucky for them they keep getting you to play the old game for them while they make more money and do nothing for the city or its citizens.
I cant believe the stupidity of the people running this town. And some of the ones living here. Norman, since when do we worry so much about the Hungarians?? Arent they doing just fine without Plainfields help?
ReplyDeleteWhat part of ILLEGAL dont they understand? To 9:04, just how many black developers have contributed to the glaring success of the city? All the new homes, offices and stores that have been built over the last decades. Yes, its sarcasm. There are many successful black owned and operated construction companies out there doing huge projects. How many are flocking to the likes of Plainfield?? None. Why? too much BS to deal with to get anywhere. Everyone has a hand out and wants to get paid. The only reason Hovnanian built on Woodland is because most of the land was in Scotch Plains. Otherwise, they would not have touched it. Other big builders wont touch the town. There is too much crime, and thats just with some of the politicians. How many have bought and sat on bldgs in the downtown and did absolutely nothing with them over the last 35-40 years? Just waiting to sell later and get paid. Maybe you can call on Oprah to come save the day. Get her to open her check book. Get the gang bangers to quit killing each other and maybe, just maybe the builders will come in.
Thankfully Rebecca is the only one on the Council who voted properly on this matter. It is illegal, illegal, ILLEGAL! Thank you Rebecca for being the only one on Council who did the right thing.
I think this ordinance is great. It is the perfect vehicle for the Attorney Generals office to investigate the blatant corruption in this city. You have an inept Housing Director sending a ridiculous ordinance to the Council who ignores advice from their attorney and passes the legislation. Even if the Mayor vetoes this it can and should be investigated. Then we can move on to the HAP management and board. Randall Woods is obviously not up to the task of managing that organization - if the HAP commissioners had any courage they would relieve him of his duties immediately for going around them. Luckily for him the HAP are pretty cowardly. Even the GOP members are afraid to do anything. I think they forget they were appointed to do something. If they can't keep the Director in line what purpose do they serve? I say investigate them as well - clean two houses for the price of one.
ReplyDeleteI hope the potential private developer has deep pockets and is self funded because no loan underwriter will touch this with a ten foot pole. If the legal paperwork is not in order, it may be difficult to find financing. What is so hard about doing business the right way? These folks find honor in doing things the sleazy way.
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