Northern lights. Ocean Grove seeks transparency. Paul Goldfinger photograph. April, 2015 ©
By Paul Goldfinger, Editor @Blogfinger
In our last article, we reported that the Redeveloper for the North End was chosen in 2008 by the Ocean Grove Camp Meeting Association and included not only the OGCMA itself, but a mysterious entity called WAVE. (Wesley Atlantic Village Enterprises.)
Ordinarily a redeveloper for a “zone in need of redevelopment” would be chosen by the Township, but somehow that was handled differently here. Usually the choice of redeveloper involves sealed bids, public notices, and hearings regarding who the bidders are and how the winner is chosen. We have no information as to how that process was accomplished in this instance and who the members of WAVE are.
A contract ( a “developer’s agreement”) must be signed between the Redeveloper and the Township that would spell out exactly what the Redeveloper’s obligations are. Evidently such a contract was never signed, because it appears that one is to be negotiated now. (see below)
Hill Wallack, a law firm that specializes in such projects said, “A developer’s agreement between the designated redeveloper and the municipality is required, and it must contain a time frame for commencement of development, as well as other statutorily mandated requirements. The agreement specifies the rights and responsibilities of the redeveloper. The terms and flexibility of that agreement can be the difference between a successful project for a developer and a financial disaster.”
It was at a Neptune Township meeting on June 9, 2008, that the choice of Redeveloper was on the agenda as Resolution #292. During the open part of the meeting, the Mayor requested public comments regarding resolutions on the agenda. The quotes below are from the typed minutes of that meeting:
“Former Mayor, the late Joseph Krimko said that he thought that Resolution #292 would be open and transparent and at some time a contract would be prepared detailing what the developer would be doing. He thought there would be several meetings prior to that final hearing.”
Then “Mayor Bishop stated quite frankly he did not remember that.
” Then “Mr. Anthony (the Township attorney) stated you have to negotiate the contract to come up with a plan.”
Then “Mr. Krimko stated he just wanted to make sure that meetings were held prior to the final hearing.”
Mrs. Argyros, a lawyer in the audience, “questioned what type of developer’s agreement would be used in Resolution #292.”
“Mayor Bishop stated it would be a standard agreement.”
Later in that meeting, the actual resolution was read. It said that the CMA “selected Wesley Atlantic Village Enterprises, LLC (WAVE) as the developer of the property, and WAVE is the contract purchaser of the site.” *
Later, the minutes say that the “Ocean Grove Camp Meeting Association and WAVE have agreed to serve as the Co-Redevelopers of the property.”
Another provision says, “……The Township, the Camp Meeting Association, and WAVE believe that the redevelopment of the zone pursuant to the terms of the Redevelopment Agreement are in the best interests of the Township and will promote the health, safety and welfare of its residents……”
So, we see that the Neptune Township Committee approved the Co-Redevelopers in 2008, but the Camp Meeting Association conducted the actual process of selecting the redevelopers.
Finally, Mayor Bishop announced that a “Negotiating team for the Redevelopment Agreement will be himself, Ms. Jahn, Mr. Bascom and Mr. Huhn.” As it turns out, that Redevelopers Agreement was never consummated. It also appears that the WAVE group was not publically identified and *it seems that they have a contract to buy the property.
This meeting in 2008 marks the formal beginning of a public process which places special obligations on the participants including transparency.
Fast forward to the Neptune Township Committee meeting of Monday, April 13, 2015. The NERP was not on the agenda, but during the public portion, Mr. Jack Bredin asked about negotiating the Redevelopment Agreement. He wondered how the Township Committee could negotiate with people that they do not know. Ann Horan, President of the OGHOA, went to the mic and stated, “We have done a lot of research as to who the principals of WAVE are, and we still have no idea.”
The Township Attorney, Gene Anthony, said , “We know who they are.” But evidently he did not want to name names. Why the privacy on this point?
The negotiation process began today, Wednesday, April 15, 2015. A meeting was held with the Township Engineer, Township Attorney, Committeeman Bishop and W.A.V.E. representatives. The CMA did not attend nor did Committeewoman Mary Beth Jahn who is supposed to be on the negotiating team.
According to Rick Cuttrell, Township Clerk, once an agreement is reached, the finalization has to occur at a public meeting.
AARON COPLAND “Fanfare for the Common Man.”
Who’s on 1st-What’s on 2nd. I think we need to look at the financial situation during this time period. Did the developer/redoveloper have financial problems during this period.It seems clear to me (whoever they are) that some entity is stalling due to financial issues. Maybe the (secret) partner of the CMA in this deal has an issue and wants to hold on. So maybe the CMA needs a new partner. Who’s stalling -and why?
To Dave on Pathway: Fantastic. Go to it!
Dave: Thank you I have been hoping for some local expert (s) to weigh in on these issues with opinions and research.
–Paul (ps: I am not from NYU, although I spent 5 years in NYC training at Mt. Sinai. One of my sons went to NYU and I got a hat from the NYU women’s soccer team. I wanted the women’s volleyball hat because they were big time contenders, but the Village bookstore was sold out. My father in law was an NYU grad. He wound up in ladies sweaters.)
Good idea I.M. I have been perplexed by the dark magic of local activities but have not considered the IRS isclosure aspects. Detailed public information is available on many types of 501(c) entities (it varies depending on the particulars). I was not aware of such 501 status, but makes sense. One thing (only thing) I know about is taxes.
[Blogfinger – I too am an NYU product, but from LL.M tax program (post- Juris Doctor program, so a fake doctor . . . ).] I would love to contribute knowledge / abilities / resources to the town effort. I will look into the disclosure info and collect / circulate.
The June 9, 2008 resolution adopted by the Township Committee also states in the whereas section, that the OGCMA is the owner of Block 1.01, Lot 3; and WAVE is the contract purchaser of the property.
As this property was never legally subdivided, and is part of the Beach property and cannot be subdivided without permission from the DEP. I think it is now time to get an opinion from the DEP’s Attorney, the N.J. State Attorney General.
Why is this WAVE entity so secretive? Secondly, how could the property be sold? Very little of this whole deal seems ‘Kosher’.
Radar: They even have music at funerals. Paul
Our “landlord” is key to the knowledge base. The CMA signed an agreement with WAVE years ago. It has never revealed the contents of that contract.
As a 501c3 non-profit organization, it enjoys the pleasure of not paying taxes (except on unrelated business income which in itself would be interesting to view in its IRS 990 form).
It is required to have a public meeting once a year which it does–Labor Day weekend. It is usually a session devoted to volunteer thank you’s.
Wouldn’t it be lovely (no accompanying music Blogfinger ) for the CMA to make that contract available to Blogfinger as he continues to support Ocean Grove. We don’t want to wait until Labor Day.