Impropriety in the Highlands?

On December 10, 2008 an open public records request (OPRA) was submitted by David Shope to the Highlands Water Protection & Planning Council for information on a number of expenditures made by the Council.  After in excess of thirty days, well beyond the seven-day law requiring public records access, a request with threat of suit was sent to the Council.   A response was finally received on January 23, 2009 from the Highlands Council.

A $10,000 payment to Chester Township is being questioned based on the information statement provided by the Council.

“The Highlands Council leases its office from Chester Township.  The check is payment from the Highlands Council to the Township toward asbestos abatement done in the building during October 2005.”

Questioning the legitimacy of the payment and the response from the Council, Shope has sent the following information to U.S. Attorney Ralph J. Marra, Jr.

New Jersey created that region by legislature known as “The Highlands Act”.  It is a watershed region in which preservation of land is preferred over development to such a degree that development on my property has become nearly impossible.  In an effort to enforce the Highlands Act, the State legislature created an administrative agency known as the Highlands Council.  The Highlands Council is somewhat of a sub-agency of The New Jersey Department of Environmental Protection.  A big portion of the Highlands Council’s function is to attempt to compensate landowners for the substantial losses which they suffered as a direct and proximate result of losing equity value in their land as a result of the Highlands Act.  One of the biggest problems that the State of New Jersey and the Highlands Council face, is that there is not enough money to make landowner’s, such as myself, whole.

It is in this light that I began to look at the expenditures made by or on behalf of the Highlands Council.  After reviewing the only account which I know about, I uncovered an inexplicable and what I believe is illegal, expenditure made on behalf of the Highlands Council to Chester Township in the amount of $10,000, paid by check #1315 and date December 28, 2005.  The only explanation given by the Council for payment of this check is that it went towards asbestos abatement for a property owned by Chester Township.  There exists no agreement between the State of New Jersey, the Highlands Council and Chester Township that would require such payment.  What this appears to be is a political favor paid back to Chester Township for its support of the Highlands Act.  Such motive for payment is illegal and I ask for your immediate investigation.

I would say questions of impropriety are fair when an indirect payment for an even amount is written and no corresponding invoice is provided.

There is an interesting link between the Highlands Council and Chester Township during the time the asbestos abatement and subsequent payment was made.  Ben Spinelli is now the Executive Director of the Office of Smart Growth.  From 1998 to 2007 he was the Mayor of Chester Township, and in 2005 he also serving as a member of the Highlands Council.

The front page Daily Record article, written by Colleen O’Dea, includes some feedback related to Shope’s inquiry.

But because of concerns among Highlands staff about the dangers of asbestos, then-Executive Director Adam Zellner sought additional cleaning and testing beyond what Chester Township deemed necessary, so the council paid the difference, said Swan [Executive Director of Highlands Council] and William Cogger, the township’s mayor [and Highlands Council Member].

Tom Bell, a spokesman for the state Department of Treasury, said that state agencies such as the Highlands Council that are in leased space are permitted to pay to have additional work done when necessary.

One would think that with all the state entities involved in asbestos removal that all the “necessary” work should have been done, requiring no further action or expense by the Council.

•Department of Labor and Workforce Development Public Safety and Occupational Safety and Health Division-licensing of asbestos abatement companies.

•Department of Health and Senior Services Indoor Environments Program-asbestos training and eligibility.

•Department of Environmental Protection Bureau of Solid and Hazardous Waste Management-disposal.

•Department of Community Affairs Bureau of Code Services Unit-enforces the codes.

The matter is now in the hands of Marra’s office and we will keep abreast if any impropriety or chicanery is identified.