Citizens' group seeks inquiry into 'Swapgate'

On Friday, Jan. 25, the Citizens for Rational Coastal Development filed an Injunction before the N.J. Appellate Court regarding the diversion and sale of properties to the N.J. Department of Transportation which the state needed to begin construction of the 73 foot span mega-bridge over the Shrewsbury River.

For weeks, we have been undertaking an in-depth analysis of laws and administrative regulations pertaining to the Green Acres application filed by the borough of Highlands this fall, the decision of the State House Commission made in December 2007, as well as other emergent issues pertaining to the Highlands Borough Council and their recent dealings with the NJDOT and N.J. Department of Environmental Protection.

It became evident that there were several serious issues, which seemed to contradict even a most reasonable reading of various New Jersey laws. During the final phase of our investigation regarding the allegations advanced through the Injunction, certain documents were uncovered regarding negotiations between the Borough of Highlands and the NJDOT.

Sometime prior to Aug. 17, 2007 Mayor Richard O'Neil and possibly other borough officials met with NJDOT officials. The apparent purpose of that meeting or meetings was to arrange for the sale of municipal property to the NJDOT, which we believe is protected by the Green Acres law. This additional property was evidently overlooked and became immediately crucial to NJDOT planners.

When documents were signed by Mayor O'Neil, dated Aug. 17, 2007, the borough of Highlands affirmed ownership and conveyed Block 39, Lot[s] 17 & 17.01 to the NJDOT. Borough records indicate that these parcels were never subjected to the Green Acres law or other statutes pertaining to the sale of public lands. Moreover, the published minutes of the Highlands Borough Council meetings never mention these properties as subject to sale and there was no resolution, ordinance, or public hearing memorializing the conveyance.

We further believe this property should have been subjected to the Green Acres process and all lawfully required public hearings, resolutions and ordinance hearings. Certainly, this situation required the borough's former mayor and Borough Council to exercise a standard of openness and fair dealing as well as degree of leadership, which they certainly did not exercise.

We are hoping that the courts will recognize the serious implications of what we have termed "Swapgate" and will issue the appropriate orders stopping any further advance of the bridge project until these very serious and wide-ranging issues of our allegations can be settled in the people's favor.

Shirley Myers-Olman

co-chair Citizens for Rational Coastal Development

Highlands