How Democratic Majority Council members Ed Aversa, Gloria Oh, Deborah Tsabari, Ellen Park and Jimmy Song colluded to work against the will of the people and surrendered our vibrant “trillion dollar mile” of commercial properties located on 9W to the residential developers.
|30/04/2019||Email from Borough Special Attorney Albert Wunsch proves Democratic Council Members entered a SECRET MOU (Memorandum of Understanding) with 800 Sylvan to settle and have the property rezoned to residential without informing the public or the Mayor. Email proves that the Democratic Council intentionally planned to hold one meeting so they could simultaneously introduce and vote to pass the ordinance in a coordinated effort to circumvent the public from asking questions.|
|29/07/2019||After recall petitions were filed against Ed Aversa and Gloria Oh, the Borough Council calls a special meeting to calm the public and files a resolution to litigate Normandy, all while simultaneously having a SECRET MOU to settle. At the meeting, 800 Sylvan’s lawyers were fully prepared with recording devices and court reporters to carefully document our councilpersons.|
|29/06/2017||Normandy’s Attorney, John Schepisi, submits an OPRA (Open Public Records Act) request for ANY and ALL records regarding the Borough’s affordable housing obligations||View Record|
|29/01/2019||According to court documents filed by 800 Sylvan's attorneys under penalty of perjury, the Democratic Majority Council Members held a secret meeting with 800 Sylvan to begin settlement agreements to re-zone 800 Sylvan to residential without the public or the Mayor’s knowledge. Furthermore, the Democratic Council conveys there is a “new sheriff in town” and secretly planned to vote in favor of rezoning 800 Sylvan to residential “despite any public opposition”||View Excerpt|
|27/08/2019||Court strips the Borough of immunity from Builder’s Remedy lawsuits because the Governing Democratic Majority acted in bad faith. Flip flopping three times in 8 months. As per the Judge, “The court finds this to be an abuse of the process”||View Excerpt|
|25/4/2019||Borough Affordable Housing Committee members Ellen Park, Deborah Tsabari and Ed Aversa entered into a Memorandum of Understanding to settle.|
According to the Borough Attorney, the Borough re-entered settlement negotiations because of potential exposure to an estimated $12.7 million cost to develop Hudson Terrace.
|As per pg 9 of court order filed on 1/2020|
This was an unlawful act done in secrecy. Three members of the council cannot enter into any commitment without a majority vote of the council done publicly. The court makes no mention of this.
|24/01/2019||Borough voted unanimously 6-0 under Democratic control to pass resolution approving its December 10, 2018 plan to build affordable housing on Hudson Terrace. Resolution 19-51 Passed||View Resolution 19-51|
|22/10/2018||Court entered an order approving expenditure of the Borough's trust funds for the purchase of 476 Hudson Terrace for the purpose of construction of a 100% affordable housing project.||As per pg 8 of court order filed on 1/2020|
The Court would never allow the expenditure of tax payer monies to purchase property if it did not believe the borough would act in good faith and proceed with its plan to build on Hudson Terrace in
|19/07/2019||Residents filed petitions to recall Ed Aversa and Gloria Oh’s council seats.||It was the recall that sparked preceding events that forced 800 Sylvan's hand to take more aggressive defensive measures.|
|17/11/2017||800 Sylvan tells Borough of their interest in offering a 20+ acre portion of theri 28 acre property for residential development.|
The offer consisted of 600 homes of which 15% (rentals) or 20% (for sale) would be affordable
|As per pg 7 of court order filed on 1/2020|
|17/09/2018||Appellate Division issued order permitting 800 Sylvan's builders remedy lawsuit to proceed as of right.||As per pg 8 of court order filed on 1/2020|
|17/01/2020||Court finds RDP to be 174 Affordable Housing Units (Page 2)|
The 174 RDP is based on no RDP assigned to Sites A (6 AF Units) and D(167 Units) totalling RDP of 347 units in the event affordable housing unmet need were reversed on appeal.
|Court finds RDP to be 174 Affordable Housing Units (Page 2)|
It is a constitutional right to appeal. How can the judge issue an order increasing the amount of RDP from 174 to 347 if the Borough decides to appeal?
(Page 13) A builder's remedy may result in site specific relief when the builder meets a three-prong test: (3) the builder's site must be suitable.
The Borough's experts never contested 800 Sylvan's suitability according to its HEFSP (Housing Element, Fair Share Plan). WHY NOT?
(Pgs 19 thru 26) Summary of Michael Mistretta testimony for HEFSP and VLA (Vacant Land Analysis)
(Pg 26 thru 27) Although the court accepted Micheal Mistretta as an expert in planning, his testimony demonstrated a lack of working knowledge of the relevant statutes, code an case law. One one hand, the court accepts him as an expert and on the other it rejects his finding and conclusions due to lack of credentials, experience, inconsistencies and failure. Does this sound as if we are adequately represented?
(Pg 27 thru 29) Borough witness Dr. Powell summary of testimony of financial feasibility. Where is the the feasibility to burden of the taxpayer.
(Pg 29 thru 51) FSHC witness Dr. Kinsey's summary of testimony. Builds an aggressive case for high number of RDP yet witness admits he did not know of the current capacity to our school system (pg 51) .
|View Court Order|
|13/04/2018||Judge Toskos entered order dismissing 800 Sylvan's builders remedy lawsuit.||As per pg 8 of court order filed on 1/2020|
|10/7/2019||During a special town meeting, a Straw poll was held with a 300 to 1 vote opposing the rezoning of 800 Sylvan to residential||The 5 to 1 majority council did not approve the MOU nor did it adopt the ordinance regarding the settlement they were planning to secretly push through.|
|03/01/2019||Democratic Council Members Edward Aversa, Gloria Oh, Ellen Park, Deborah Tsabari, and Jimmy Song take complete control of the Borough Council by a 5 to 1 margin.||Firing then borough attorney Anne Marie Rizzuto and appointing Albert Wunsch was an unlawful act. The Mayor by law was allowed to keep the services of the attorney for 30 days. This was done to fast-track and hide communications for the purpose of settlement negotiations with 800 Sylvan.|
|10/01/2018||Judge Toskos (retired) entered an order granting 800 Sylvan's motion to intervene||As per pg 8 of court order filed on 1/2020|
|06/11/2018||Democratic Councilpersons Deborah Tsabari and Jimmy Song are elected after campaigning that they would appose residential housing at 800 Sylvan. Democrats would control council 5 to 1 in the new year.|
|01/10/2018||Court entered an order ending mediation and scheduling trial for January 22, 2019||As per pg 8 of court order filed on 1/2020|
|01/03/2018||Court established a schedule for the parites to their positions on a confidential basis and attempt settlement. Under Republican control, the Borough was unable to reach agreement with FSHC.||As per pg 8 of court order filed on 1/2020|
|07/12/2017||In a confidential meeting that was recorded by a borough representative and filed with the court, Normandy’s COO, Georgios Vlamis stated Normandy was “always thinking about using the property for mixed use”||View Record|
|01/11/2017||After multiple Planning Board hearings, the DECISION to sub-divide 800 Sylvan was DENIED|
|01/05/2017||800 Sylvan files a commercial application to subdivide to two commercial lots comprised of 20 acres and 8 acres|
|17/09/2018||Appellate Division issues order permitting 800 Sylvan's builders remedy lawsuit as a right.||As per pg 8 of court order filed on 1/2020|
|07/06/2019||Appellate Court stayed proceedings efore it untill August 1, 2019 pending settlement discussions||Settlement negotiations were never made public until after a recall was filed against Councilpersons Ed Aversa and Gloria Oh in July 2019. The Borough Council voted 6-0 to proceed with its Hudson Terrace plan. Settlement negotiations were done in secret by the Borough Affordable Housing Committee. This 3 member committee consisted of Ed Aversa, Deborah Tsabari and Ellen Park and was unlawful act. The council cannot make any decisions unless it is done publicly with a council majority vote|
|09/01/2019||Court denied the Borough's motion for reconsideration of the issues of bifurcation, discovery and the trial date. The court denied 800 Sylvan's motion to terminate immunity and trial was adjourned to March 5 2019.||As per pg 9 of court order filed on 1/2020|
|01/01/2025||Democratic Majority Councilpersons Ed Aversa, Gloria Oh esq., Debora Tsabari, Ellen Park esq., and Jimmy Song esq. acted in bad faith|
As per pg 14 of court order filed on 1/2020
Court found the Democratic controlled governing body wanted the court to believe that it negotiated in good faith for months with FSHC and 800 Sylvan, but the time, money and effort of the parties, the intervenor and the Special Master in reaching the terms of the MOU were all for naught in the face of public opposition.
|Democratic Majority Council consisting of three attorneys misunderstood the definition of "good faith" when they deceived the public for months. Initially unanimously passing resolution 19-51 to passing resolution 19-157 on July 29 2019.|
|12/02/20||Court finds Englewood Cliffs most sound planning criteria to build 600 Units, of which 20% or 120 units would be affordable. Of the 600, 80 units would be attached for sale three-bedroom townhomes with 520 rental units in two buildings (pg 3)||View Court Opinion|