EnCap to sue North Arlington unless eminent domain is applied to Porete Avenue business owners, Massa vows to protect property owners!
So called "partner to the borough" gives December 26th deadline to seize Porete properties and include BCUA transfer station within development zone, Massa won't officially assume office until January 1, 2007
NORTH ARLINGTON - The myth of EnCap being some partner to the borough of North Arlington was smashed by the threat of a lawsuit by the embattled developer even before Mayor-elect Pete Massa takes the oath and assumes his duties as mayor.
In a letter dated December 6th, EnCap intends to file suit against the borough unless North Arlington takes the actions necessary to commence eminent domain seizure against the Porete Avenue Property Owners which represent some sixteen companies, 500 private sector jobs and over $1 million dollars in tax revenue.
EnCap's letter pretty much eliminates the possibility of any new negotiations with Massa and the incoming council.
"This is a sneak attack. The letter should have been dated December 7th. Mayor Massa and the new council have not even been given the opportunity to govern. They were not afforded the courtesy of a meeting. They were not afforded the chance to discuss the agreement. Instead, EnCap has made it very clear they want what they want and the public be damned," commented Councilman Steve Tanelli, an outspoken critic of EnCap and the process that led to the agreement currently in place.
The letter has infuriated local officials while EnCap is being buried in an avalanche of bad press thanks to a series of investigative articles featured in The Bergen Record of Hackensack as well as an editorial calling for a temporary halt of the project in Lyndhurst and Rutherford.
According to The Record, the state's local finance board won't approve any of EnCap's funding and additional request for $366 million since the municipalities in question could be liable should the project fail to take place.
Those who have sung the praises of EnCap for years now have grown silent over Director Jacobucci's analysis of the funding application that has been described as incomplete and not consistent with the Meadowlands Golf Master Plan.
In addition, questions regarding financial exposure of the host communities as well as the lack of necessary permits and certificates from various agencies have created significant concerns from the Local Finance Board.
"EnCap wants the deal in place. They don't care about North Arlington. That was the responsibility of Russ Pitman and his Borough Attorney to protect our interests. Instead we have this lopsided agreement in favor of a developer while the developer is scrambling to make a case for another $366 million. If they want to go to court, that's fine with me. Maybe we'll find out who is responsible for this terrible deal once and for all," observed Councilman-elect Al Granell.
"I hold Russ Pitman and all of those who enabled this agreement to happen to explain themselves to the voters. Pitman lied over and over again about eminent domain being a last resort. As we stated during the campaign, EnCap can't happen without eminent domain seizure. 80% of the voters said yes to eminent domain reform on November 7th, but that doesn't seem to mean anything to EnCap and Pitman," said Councilman-elect Sal DiBlasi, a co-owner in Cobra Construction.
Many observers believe a court case would in fact reveal the details of the negotiations and who actually negotiated this agreement. Most Massa supporters believe those facts need to be borught to the public's attention. Others believe the only way anyone will truly find out what happened is by this whole process going to court.
North Arlington Democrats have stood firm in this opposition to EnCap and the facts seem to be on their side.
Serious concerns regarding the financing are now coming from top state officials who must approve this plan before any construction commences. While county and state officials of both parties have praised EnCap, the details and murkiness of the project are slowly coming into focus with the taxpaying public who for the most part has been kept in the dark.
"Let's go to court. Let these people who think EnCap is so wonderful testify in court," said one opponent of the EnCap project.
