Middle, Patsy’s Way Developer Reach Accord

COURT HOUSE – At its final meeting of the year, Dec. 19, Middle Township Committee agreed to a settlement with builder Ron Ruckenstein over the controversial Patsy’s Way development. 
After two meetings this month when the committee refused to accept the settlement terms, a smaller, quieter audience watched as the committee returned from closed session and voted to issue the zoning permit and expedite review of the plans for construction permits.
In return, Ruckenstein agrees to dismiss his two active lawsuits against the township.
The proposed project consists of 10 single-family homes to be developed for persons with special needs. The project also ties in with the township’s obligation under affordable housing rules.
Since 2013, when Ruckenstein addressed a large turnout of residents at a committee meeting, there has been concern over his plans for the development.
Expressions of concern continued to come from prospective neighbors in the Patsy’s Way area throughout the three meetings this month that dealt with the issue.
Public comment on the development ranged over issues of security, access for the disabled, lack of information on the types of individuals to be placed in the homes, a failure of the township’s ordinance to force road and drainage improvements before construction on the lots, and potential negative impact on property values.
A largely sympathetic committee continually tried to focus the discussion back on the issue before the court: Is the developer entitled to the permits regardless of the eventual use of the subdivision?
In the judgment of committee, the permits needed to be issued to avoid even more draconian outcomes.
Solicitor Frank Corrado explained that the township would be open to damages, legal fees, and potentially a “builder’s remedy” victory that could significantly increase the number of homes and tenants in the subdivision. 
Committee member Timothy Donohue repeatedly told the public that the lawsuits facing the township have “a very narrow focus.” The issue, he said, is “does the developer have a right to these permits under the law? He does.”
One major concern had been the township ordinance that currently forces developers to improve roads and drainage before gaining permits.
The lawsuits essentially challenged that ordinance’s requirements as a violation of the state’s municipal land use laws. “This settlement avoids a judicial ruling on the matter and buys time for the township to massage the ordinance and bring it into compliance with the state law,” Corrado said.
The committee discussion did focus on the fact that the settlement agreement still requires that the developer present plans that conform to the construction code. “We are not giving him construction permits, we are giving him the opportunity to present his plans for construction permits,” Corrado said. “Do I expect his plans will conform to the code? Yes,” he added.
New Judge Needed
Donohue announced that Municipal Judge Dorothy Incarvito-Garrabrant is being appointed as an administrative judge in the state court system. That appointment would bring to an end her service as the municipal judge in the township. 
The committee praised Incarvito-Garrabrant’s tenure in municipal court and wished her well with what Mayor Michael Clark termed “her promotion.” 
The problem facing the township is not just finding a replacement, but doing so expeditiously. Incarvito-Garrabrant will need to be replaced by a new judge or some temporary solution to the municipal court coverage by Jan. 9.
Medics Honored
The township honored two emergency medical technicians and their supervisor for the quick action that saved a life Nov. 25.
As Clark explained it, EMTs Walter Belles Sr. and Alexis Ocasio, along with their supervisor Deputy Chief Mike Linz, responded to an emergency call at the parking lot in front of Lowe’s, Rio Grande. Once there, they found a male in cardiac arrest.
Intervention and recovery efforts including 45 minutes of CPR followed both at the location and in transit to Cape Regional Medical Center.
At the hospital, a pacemaker was installed, and the patient was transferred to another facility.
The committee honored the three emergency responders for “quick action that saved a life.”
Habitat for Humanity
Habitat for Humanity received approval for an $85,000 economic development loan in a resolution passed unanimously.
The organization, which has built eight homes in Middle Township, will use the funds to open a thrift store in the retail complex that also houses Big Lots.
The charitable organization will also include its area office as part of the complex.
Police Cameras
Donohue announced that the police department would begin rolling out body cameras for officers Jan. 1. “The role of a police officer continues to grow,” Donohue said.
 “They must be counselors, lawyers, dispensers of pharmaceuticals as well as enforcers of the law,” he added.
Donohue said the new cameras are part of the evolution of policing and that their implementation will be watched carefully as policy and practice come together.
To contact Vince Conti, email vconti@cmcherald.com.