WOODCLIFF LAKE—After several years trying to acquire the 2.25-acre Galaxy Gardens property at the corner of Werimus Road and Woodcliff Avenue for open space—at one point considering eminent domain proceedings—a divided borough council voted 4-3 in a special meeting Feb. 1 to purchase the site for $1.65 million.
The former garden center is across the street from the municipal pool and tennis courts, which comprise approximately seven nearby acres of open space currently owned by the borough.
Casting the tie-breaking vote to purchase the property, Republican Mayor Carlos Rendo voted along with council Republicans Corrado Belgiovine, Angela Hayes, and Kristy Herrington while Democrats Jacqueline Gadaleta, Nancy Gross and Brian Singleton opposed the purchase.
According to the contract, the initial $1.75 million purchase price was reduced by $100,000 to cover potential site remediation costs, which include petroleum and pesticide remediation, as the site was also a gas station for decades before becoming a garden center.
While the borough attorney cited estimates between $250,000-$540,000 for possible remediation on Feb. 1, a 2015 environmental consultant report prepared for Woodcliff Lake on the property—and posted on the borough website—estimated potential remediation costs could be up to $1 million, depending on the severity of contamination and type of remediation necessary.
Valley Chabad’s interest
The borough has been negotiating with property owner Peter Molyneux to purchase the site for open space going back to 2013, when the Valley Chabad, a local Jewish organization, initially contracted to purchase the property and construct a temple to conduct worship services for its growing congregation.
That contract was annulled due to the borough’s interest in acquiring the property through eminent domain, though it did not pursue that route.
After four separate attempts to purchase local property over a decade to expand its facilities failed, Valley Chabad filed a lawsuit Nov. 1, 2016, alleging a “consistent campaign of bias” against the Jewish organization by Mayor Carlos Rendo, the borough, its zoning board and property maintenance officer Paul Bechtel as defendants.
In a related investigation, the U.S. Attorney’s Office is reviewing the borough and its zoning board for violations of religious land-use law.
Park or townhomes?
Rendo said that purchasing the property will “provide a great space for residents” with a passive park. He said adding a park “clears up an unsightly property, opens up that intersection, and creates a center of town” with a park with trails, grass, and other amenities.
He said in 2013 Valley Chabad’s original contract offered the owner approximately $1.95 million for the site, though two recent property appraisals were below what the borough paid.
“Let’s look at what the alternatives were: townhomes or an open space park? I’ve got huge positive feedback from everyone on this,” Rendo said via phone Feb. 7.
Rendo said a recent environmental analysis showed only “topical pesticides” and an oil tank that needs removal, which will likely cost below initial cleanup estimates. He said site cleanup must be completed before the county will release $500,000 in Open Space grant funds to the borough.
“Open space increases property values and our community is environmentally sensitive,” said Rendo.
He said that based on legal advice, any additional cleanup funds needed—above $100,000 already set aside—can be taken from local Open Space funds.
Cost too high
On Feb. 1, local officials said two previous Galaxy Gardens appraisals indicated the site was worth somewhere between $900,000 and $1.35 million, two estimates received during negotiations.
One longtime resident, Robert Nathin, attended Feb. 1 and called the $1.65 million purchase price “a bad deal” because it was “too high, in addition to any environmental cleanup costs” that will be needed to make the property safe for public use.
He said local officials do not know what they are getting into buying a contaminated site.
“The (remediation) costs are unknown and you don’t want to take on the responsibility. You just don’t know the costs until you start doing the cleanup,” said Nathin.
He said council members have debated creating a park on acreage near the municipal pool and tennis courts “for 15 years. I don’t object to open space but the price we paid was too high,” he said via phone Feb. 5.
Nathin said another contract cost—$75,000 for a relocation fee—was not standard in a negotiated contract and questioned its inclusion. He speculated whether or not it was a leftover clause from a potential eminent domain legal filing.
Local officials said a $500,000 county Open Space grant will be available for the purchase once the property’s contamination is remediated. Other funds needed will come from the borough’s Open Space Trust Fund.
Borough Clerk Debbie Dakin said that requests for proposals to remediate site contamination need to go out soon given a county Open Space Aug. 10 grant deadline. If remediation costs are more than the $100,000 set aside, council members must decide how to fund the difference.
Against the purchase
Councilwoman Gadaleta voted against Galaxy Gardens’ purchase due to high cost, environmental contamination, and site safety concerns.
“I was against purchasing this from the start because of contamination uncertainties, as remediation can be extremely costly,” said Gadaleta, reached Feb. 5.
“We’ve really overpaid for this. It’s an excellent deal for him [owner] and not the town,” she said.
She said the site at a busy intersection raises safety concerns for children and adults trying to cross the street from the municipal pool and tennis courts across the street.
“It’s unsafe to have families walk across there from the Old Mill property,” Gadaleta noted.
She said other potential property contiguous to Old Mill would be a better choice for spending Open Space funds.
Councilwoman Gross said the purchase was “a big hit” to local Open Space funds.
“I’m disappointed. It’s a dirt plot now and needs to be cleaned up. We’re overpaying for contaminated soil… The seller should take responsibility for the cleanup,” she said.
Gross said the environmental cleanup might be compared to home improvements.
“You don’t really know what you’re getting into until you start it,” she said.
Gross also said local Open Space funds would be better spent on property contiguous to current park areas.
Borough Administrator Tomas Padilla said the local Open Space Trust Fund balance is $2,186,411. Residents are taxed a penny per $100 of assessed property value and Padilla said approximately $198,000 is raised annually.