Board of Ed Stands By Decision to Enter Agreement with Hekemian, Attorneys Weigh In

The aftershocks of the revelation that the New Milford Board of Education (BOE) had entered into a separate agreement with the developer of the United Water property to receive a three-acre parcel of land to build a 'field of dreams' have rippled throughout community since Tuesday's meeting of the Zoning Board.

Board of Education president, Darren Drake, said that the Board's approval of entering into a 'conceptual contract' with Hekemian for three-acres of property to construct a field of dreams-like "state of the art" athletic field is in line with the Board's vision of moving the district forward, athletically as well as academically.

"As a Board, we are charged not only with the academic component of a superior education, but also the athletic component as well," Drake said.

Drake added that as the application was amended to remove all but 24 units from the 221 complex, the Board's assumptions began to change and they began to explore options available to them. "We were oppossed to the residential component and the strain that would have placed on an already strained school system," he said.

According to Superintendent Michael Polizzi, it was the Board of Education that first approached United Water in the Fall of 2009 to discuss the option of purchasing the property in order to develop a state-of-the-art athletic field, a green learning center for Academy environmental studies, an outdoor science center, gardens and passive space. At that time, Polizzi said that the asking price was in the area of $5 million dollars.

Polizzi's idea was to create a four-way partnership in order to secure the financing necessary to purchase the property. That partnership was to include the Board of Education, the Mayor and Council, the State of New Jersey and United Water. (Through the Mayor and Council, the Board of Education could access grants and green acres/open space money otherwise unavailable to them.)

"My thought process then, as it is now, was that if nobody else was going to step in to make this happen, we'd be remiss if we stood by and did nothing," Polizzi said. "We needed to step in to do something that would benefit our school community and the community at large. I felt that way then, and I feel that way now."

Polizzi said that all that was needed to begin to explore the process of purchasing the property in its entirety was for the Borough of New Milford to obtain a current appraisal to determine the land's value given the downward trend of the real estate market in 2009.

"It was never acted upon," Polizzi said. "From 2009 until a private purchaser (Hekemian) came in to contract for the purchase of that property, my proposal to purchase it was not explored by any governing body." 

But the question on the minds of many residents is how Polizzi can justify coming out against any development on that property and then do what appears to be a complete turnaround and contract with the developer for a small piece of the property along with an undisclosed "sizable donation."

"Because I'm in favor of the field doesn't mean that I'm not also concerned about traffic safety," Polizzi said.

"At least now we have a seat at the table," he said. "As long as we have a seat at the table we have a say."

How did he get from here to there? What motivated him to talk to the developer was the realization that the hearings were winding down, and with no public officials making any perceptible moves, Polizzi and the Board made the decision to meet with the developer in an effort to secure something for the school and the community before the case goes to court where the judge will decide the fate of the property.

"My charge is to take care of the schools and to help them grow in all of their dimensions," Polizzi said. "We couldn't just sit by and do nothing."

Polizzi further explained it by saying that when he took the reins of the New Milford School District, his vision was to create 21st Century learning environments.

"Creating 21st Century learning environments extend past the walls of the classrooms."

Polizzi said that the top schools in Bergen County, those schools singled out for excellence in all areas of the educational experience that New Milford is rapidly moving towards being counted among, have state-of-the-art athletic fields. A field that the students, as well as the community, take pride in. 

"I envision this field to be used not only by the schools, but by the Recreation Department and the community, as well," Polizzi said.

He envisions the field being used for tournaments, playoffs and championship games where the Board of Education can charge for its use and make money.

Polizzi also said that because the Board of Education members all reside in town, they know exactly what is at stake. The Board of Education made some bold courageous decisions after weighing "many, many options," he said.

"Given the financial limitations of the Board of Education and the Borough, this agreement, which is still tentative and subject to all kinds of approvals, seemed like the most viable option to securing something for the schools," Polizzi said.

Polizzi stressed that his primary concern remains the safety of the students. "At least now we have a seat at the table and a strong voice to ensure that the children are safe."

Drake emphasized that the Board is still very concerned about the actual construction. "We will make sure every precaution is taken, just as we did when construction was being done on Berkley while school was in session," he said. "Just as we will when the construction of the new media center begins at the high school."

Zoning Board of Adjustment attorney, Scott Sproviero, said that he was as surprised as everyone in attendence Tuesday evening to learn that the Board of Education had entered into this agreement with the developer.

"As we have seen over the course of the last year, this is not a static process," Sproviero said. "There will be more twists and turns as we go forward."

However, Sproviero would not speculate on what this means going forward. "Until I see the actual amended plans, I cannot comment on it," he said.

Louis Flora, the attorney representing Oradell in the Hekemian hearings, said that a strong legal argument can be made that the amended application is, in actuality, a new application.

"I need to see the amended application before I can make any determination," Flora said. "But they have not filed it yet."

Flora said that the field offered to the school is a parcel of land now intended for a different use requiring variances, meaning that people within 200 feet of the development must be noticed.

"With only nine days between meetings, there is not enough statutory time to notice all of those owners," Flora said.

Flora also questioned whether former Vice Chair of the Zoning Board, Ron Stokes, would return to the dais. Stokes, an employee of the New Milford School district, recused himself during the March meeting after Polizzi submitted a letter to the Zoning Board regarding the proposed development.  

Sproviero said that the amended application adds a host of new questions that need to be answered.

"Let's just say that we are not so close to finishing the hearing of this application as we thought three weeks ago."

The hearing is scheduled to continue on Thursday, May 23 at 7pm in the Council Chambers at Borough Hall.

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