The Demolition of 109 E. Main Street
The property at 109 E Main Street has been the focus of a
lot of attention lately.
Here are the facts:
1.
January 5, 2017, the first notice of violation was
written on the property at 109 E. Main Street on. This is not a typo it was in 2017!
2.
February 18, 2018, the owner of the building
hired a structural engineer who contacted the construction department in
Millville in writing and in person regarding the condition of the building.
3.
March 8. 2018, the construction department sent
a letter to the owner of 109 E. Main Street and gave the owner until March 22,
2018 to allow the city to enter the building.
4.
March 26, 2018 at 2:32pm, the construction
official notified the acting city engineer, Brian Prohowich, asking him to have
someone look at the site. The engineering department notified the municipal
administrator to ask the parks department to cordon off the area and shore and
brace the building and to notify the construction department to proceed with
their normal protocol in dealing with this type of situation.
5.
March 26, 2018 at 6:42pm, the municipal
administrator, Regina Burke, who is also the purchasing agent, sent out an
email that an emergency contract had been issued and the building was to be
demolished in the morning.
6.
March 27, 2018, the construction official issued
a notice to the owner of 109 E. Main Street to demolish the building or correct
the structure by April 6, 2018.
7.
March 27, 2018, City solicitor Schroeder sent a
letter to the owner of the property telling him that the building would be
demolished.
8.
March 29, 2018, the city received a letter from
the Pennoni engineering firm stating that they had inspected 109 E Main Street to
determine if it could be safely demolished without impacting the adjacent
properties. The letter stated barricades and street closures had been erected
surrounding the project site and that the building should be demolished but
never discussed the impact on the adjacent properties.
9.
March 30, 2018, another letter from City
solicitor Schroeder to the owner of 109
E. Main Street advising him that the property would be discussed at the April
3, 2018 commission meeting.
10. April
2, 2018, Perryman’s excavating sent a scope of work document to the city of
Millville with the contact person being Wayne Caregnato, the zoning official.
The total contract was for $1,204,512.72 with the first payment due on April 3,
2018 for work that had been done from March 26, 2018 to April 3, 2018. The
$1,204,512,72 price did not include the tipping fees charged by the Cumberland
County Improvement Authority for the debris from the demolition. Included was
an invoice that states the zoning officer and Mayor Santiago called Perryman’s
Excavating on Billy Perryman’s personal cell phone and asked him to report to
109 E Main Street for an emergency demolition.
11. The
city went to court on April 10th and the judge ruled the city can proceed with
the demolition.
On the agenda for the commission meeting on April 17, 2018
is an ordinance to bond 1.5 million dollars for this demolition. Here are the
facts and questions about the 1.5 million dollars about the demolition for 109 E
Main Street:
1.
There was never a bid for this demolition. How
does the city – specifically Mayor Santiago and the zoning officer decide who
to call to demolish this building? Millville operates under the commission form
of government meaning the Mayor cannot make these decisions alone. All 5 commissioners
must vote on this.
2.
How does the city know this is a fair price for
the demolition without a bid? The city
received a quote to demolish the Fath Building, which is connected to an
adjoining building and is much bigger than 109 E. Main Street. The quote was $300,000.
As part of the court case, in the appraisal of the entire Wheaton Factory at
200-300 G Street are demolition costs. The cost was well under $1,000,000. With
all the delays that have occurred so far Mayor Santiago’s Team should have put
the project out to bid.
3.
Why and on whose authority is Commissioner
Udalovas excluded from any participation in this problem? It is her department. Under the Commission
form of government the Mayor does not have the legal authority to take over
another Commissioner’s department nor the right to tell another Commissioner
not to speak her mind.
4.
Pennoni was a heavy contributor to Team
Santiago’s election.
5.
The bond ordinance costs the city in additional
lawyer fees to draw up the ordinance not to mention the interest that will have
to be paid.
6.
If this was an emergency why wasn’t it torn down
immediately especially after the Judge ruled the city could?
7.
How can a contractor give a price to perform a
job when the specifications
have not been prepared? The City expects to have the specifications for
demolition by next week. Four weeks after
the contract was awarded.
8.
How could work have been done without a
certification of funds from the city’s Chief Financial Officer, Marcella
Shepard? The law requires a certification from the CFO that funds are
available.
This “demolition” is a clear “rush to judgment” by a Mayor
who thinks he is in charge of the city and is running the city as a
dictatorship. The truth is that he is one member of a 5 person governing body.
The mayor’s only extra authority is to chair the meetings and make a few
selected appointments under the Walsh Act. When will the other commissioners
stand up and have a voice. Commissioner Parent has been in office before under
the Walsh Act. When will he act as an equal to the mayor?
Rumor has it that this demolition is being done to ready the
site for a new police building. The Mayor wants a new police building for two
reasons. 1. Vineland and Bridgeton got one and 2. The CCIA, which will get the
contract to build it, wants to continue to grow its empire by spreading around
political jobs and payoffs. Remember the Freeholders control the Mayor. The
Freeholders control the funding of Santiago’s political patronage job at
sheriff’s department.
Here are some final
questions: What is this commission thinking? Think of all that could be done
with 1.5 million dollars and this demolition is what is being done? At the very
least shouldn’t the demolition have been sent out to bid?
Comments
The construction department had inspected the building and at the time did not consider it in imminent danger of collapse. It may be that in the year or so since that inspection, the building did deteriorate so that it now needs to be demolished or it may be that a different inspector had a different opinion. But that isn’t the point. The point is Santiago’s actions and highhanded, dictatorial management. Here are the issues:
1. Santiago had no right to unilaterally enter into a no bid contract for more than $1 million dollars for work the scope of which was not decided and for which he did not have the funds. That was illegal and very bad judgment.
2. Santiago did not have the legal authority to takeover the duties of the Commissioner in charge of the responsible department.
3. Santiago did not have the legal right to muzzle the other commissioners, particularly the commissioner responsible to handle the problem.
The issue is not whether the building is unsafe. The issue is illegal, improper and inappropriate management of the problem by Santiago and the rest of his team.