Former official questions council's pick of mediator
BY DAVE BENJAMIN Staff Writer

JACKSON - A former mayor wants to know why the firm of former state Superior Court Judge Eugene D. Serpentelli, has been hired as a mediator by the township.

Michael Kafton, who served on Jackson's former Township Committee, said at the Sept. 11 meeting of the Township Council that during Serpentelli's time on the bench he consistently made rulings in favor of developers and not Jackson.

"Jackson has authorized the hiring of Benchmark Resolution Services LLC to mediate its lawsuit with Commodore Point, a housing developer which is a contract purchaser of roughly 39 acres on Commodore Boulevard in Jackson," Kafton said. "I understand that former Judge Serpentelli will be the mediator on this case and I find it disarming at best that Jackson would seek a mediator who consistently made judicial rulings in favor of developers."

Kafton said Serpentelli ruled against a Jackson ordinance that required developers of some projects to set aside land for open space and to construct on-site recreation facilities, or in lieu of constructing the facilities, to pay a negotiated amount of money to the township.

"Judge Serpentelli also invalidated the township's tree preservation ordinance, determining that developers cannot be required by law to replace every tree they remove from a site or pay a fee in lieu of on-site plantings, as was previously required by the municipal land use law," Kafton said.

The basis for Commodore Point's lawsuit against Jackson stems from an attempt to challenge the validity of the current R-3 zoning which mandates a 3- acre minimum per house. That zoning would allow the developer to build 10 or 11 homes on the site.

Instead, the developer would like to construct 134 residential units, alleging that Jackson has not met its state mandated obligation to provide housing for people with low and moderate incomes.

When council members were questioned about their choice of mediation services, they said their professionals advised them that Benchmark Resolution Services would be the best choice.

"Doesn't it just make sense to hire a mediation firm that we, as a township, can have the confidence in to mediate in an unbiased and nonpolitical fashion that will have the best interests of Jackson at heart?" Kafton asked. "This council's decision makes me pause and wonder."

Council President Ann Updegrave said the council looked into hiring a different person to serve as a mediator in this matter, but she said that person did not have as much background in affordable housing issues as Serpentelli has.

Opponents "say [Serpentelli] is pro-development," said Updegrave. "Well, that's their opinion. I can't speak for this gentleman, but when it comes to the [affordable housing] obligations, we have to go forward according to state laws and regulations … "

Updegrave said Serpentelli has been working with affordable housing issues since 1980.

"All he is doing is mediating," she said. "He's not going to come down with the final decision. He's going to sit with the lawyers for Commodore Point and the attorney who represents us regarding affordable housing."

She said Serpentelli would listen to both sides.

"Why wouldn't you want him?" she said of the decision to hire the former judge as a mediator. "He's been involved (with affordable housing) almost from the very beginning, going back to the 1980s."

Updegrave said she felt comfortable with the advice two attorneys provided to the council in recommending a mediator for this particular issue.