Argument Erupts Over Land Mayor Selling For Open Space

This property near the mayor’s home may become open space. A new appraisal was called for by Deputy Mayor Evelyn O’Donnell which surprised the mayor as she believed the measure would be voted an approved at a recent township council meeting. (Photo by Bob Vosseller)

HOWELL – Calling it personal, Mayor Theresa Berger questioned why Deputy Mayor Evelyn O’Donnell called for an appraisal of property that Berger and her husband were planning to sell to the township for open space use.

  The issue came up during a May 19 council meeting where officials were slated to vote on the purchase of the 13-acre property. The land would be sold to the township for a little over $46,000 according to the deputy mayor.

  The property would be added to Howell’s open space program and the mayor has had to recuse herself from handling any aspect of the sale.

  The mayor said the land belonged to her husband’s family estate. She noted at the meeting that her family was not making a profit off the sale of the property and felt it would do the most good in being added to the township’s open space.

  O’Donnell said that she had been approached by residents who asked her whether a sitting public official could profit over the sale of land and if she would bring up the matter at the council meeting as they did not wish to do that themselves. No one can be present at town hall where officials meet for video telecast meetings although a chat feature allows for questions to be e-mailed to the governing body.

  The deputy mayor noted that the land in question had not been appraised in three years and that it could be worth less the current price or more and told the mayor it was not personal and that depending on what an appraiser said, could provide her a better price.

   O’Donnell called for a motion to have the appraisal performed. This supported by fellow Republican

Councilwoman Pamela Richmond and Thomas Russo. Democrat John Bonevich expressed some frustration with the change in plan to vote on the sale but abstained on the vote for the appraisal. The mayor could not vote on the issue.

  Township Attorney Joseph Clark clarified some of the issues of the sale.

  O’Donnell said “it has not been appraised in the last two years. It could be a more valuable piece of property or a lesser valued piece of property.”

  The mayor asked the attorney if she could ask a question about the issue but was told by Clark, “probably not with this ordinance.”

  “That is my motion and request because of the age of the appraisal because the appraisal could be more or less at this point. The property could be more valuable in two years’ time. It is near a railroad and predominantly wet,” O’Donnell said questioning what the current true value of the property is.

  “We can table it,” Clark said.

  The mayor asked if that had ever happened with any other open space property application.

  “Not that I recall but we do regularly update appraisals. I did that for where the homeless camp was located,” Clark said.

  Bonevich asked O’Donnell “if the name on this were different would you have…”

  “Yes,” O’Donnell said before he could finish his question. “It is a two-year-old appraisal.”

  O’Donnell added, “if the property was more would we not be doing our due diligence to offer a higher amount if it is worth less would we not do due diligence to offer less?”

  “Don’t we purchase open space for the sake of keeping it open to keep people from building. Who is really building on it anyway?” the mayor added.

  Bonevich abstained on the motion while the rest of the council voted in support of it. Mayor Berger could not vote on the matter.

  “It doesn’t affect me,” the mayor said but she added, “I do feel that this is personal and I will say why – because this has been on the table and been here all this time and we’ve talked about this last year. All I am going to say is that I am going to look forward to every new open space project that we follow every guideline.”

  “As we should,” Councilwoman Richmond said.

  “I did not want to have to bring this up but I had two people call me who asked why a seated council member is profiting so I feel doing another appraisal may be advantageous to the sale of the property,” O’Donnell said.

  “With all due respect I’m losing money on this. The property was appraised higher and the decision of my husband’s family was to put it toward open space because that is what we believe in,” Mayor Berger said.

  “I think this is to your advantage that this be fleshed out,” O’Donnell added. “If you don’t feel that way that’s fine.”