Englewood Health Department employees have added another chapter in their dodgy relationship with e-mails.  Former Health Director Violet Cherry got in trouble because her department saved them and acting Director Paula Jenkins seems to be in the soup because her department erased them.  

According to the April 25 issue of the Suburbanite:

The U.S. Attorney's Office has been advised that Health Department employees erased e-mails from three computers after a subpoena for documents was issued March 6.

 
Director Jenkins claims that these erasures were part of a "regular clean up of computers."  Yet, these emails were deleted even after Board of Health Attorney Richard Lustgarten issued an official memo instructing Jenkins and staff to fully cooperate with the U.S. attorney and not destroy any documents.

The ill-timed destruction of these emails casts suspicion on Director Jenkins, just as the '18-Minute Gap' on the Watergate Tapes did to the Nixon administration.  Was this erasure a sign of insubordination, incompetence or coverup?

Now Director Jenkins is on the offense, claiming that Board of Health President Lisa Levien is the one orchestrating a coverup.  According to the Suburbanite, Health Department employees signed a letter accusing Levien of ordering them to lie to the U.S. Attorney.  Yet, Board Attorney Richard Lustgarten was incredulous, responding that the Board President and he agreed on "absolute compliance" with the U.S. Attorney.  And now the origin of Jenkins' letter is being called into question.  According to the Suburbanite:

When asked who authored the letter asserting that Levien told them to lie to the U.S. Attorney, Jenkins said, “I don’t remember.”  She said she did not remember if it was an attorney or a staff member but did say that the letter was signed after legal consultation was obtained.  She refused to name the attorney who advised the staff.

 

However, according to one Board of Health member, a faxed version of the letter originated from the law offices of John Carbone, the special counsel that was hired by the anti-Violet Cherry board to dig up dirt on the former Director.

While Director Jenkins positioning herself as a whistleblower, why is she hiding, forgetting and covering up?  Let's look at the circumstantial timeline.

After Director Violet Cherry was suspended, Paula Jenkins was promoted to acting Director and granted a 60% raise by the previous anti-Cherry Board.  After the Board of Health's majority changed and Lisa Levien became the Board's President, the raise was reversed.  Most recently, instead of just elevating Paula Jenkins to the permanent position, the Board decided to do a national search for a new Health Department director inviting Jenkins to submit an application.  Then came the accusations against Board President Lisa Levien.

We hope that the U.S. Attorney's investigation will reveal all.  But why should it take a federal case to get a taxpayer funded local Health Department focusing on food inspections instead of these food fights?

Frankly, the only sound of whistleblowing we are hearing is the wheezing of beleaguered taxpayers.   They are the ones who are going to once again foot the bill for the ongoing sickness in our "Health" Department.

The master plan is a document required of each community under State law, and the State requires a review of that plan every six years. In Englewood the last review took place in 2003. In a notice inviting citizen participation in that review, the Englewood Planning Board stated:

The master plan describes our vision of the City of Englewood. It outlines the kind of neighborhoods, recreational facilities, and downtown we want. It identifies the objectives we are trying to achieve through development and also the qualities we seek to preserve. In short, the master plan expresses what we want Englewood to be and frames that vision in terms of land use controls that affect all future development and impact our life as a residential community.

The master plan is not a law, but it provides the general guidelines to be expressed in specific terms in Englewood’s Zoning Ordinance and other legislation. The Englewood Planning Board and Board of Adjustment, which regularly hear and decide land use cases, are expected to heed those general guidelines as well as the legislated regulations.

The Englewood we live in today was shaped by some of the crucial planning decisions made in the past. Examples include: height limitations in residential areas; the delineation of a light industrial area; preservation of open space; the construction of subsidized public housing; and, more recently, development of the west end of Palisade Avenue; and more intense use of our light industrial area.

Much of the extensive construction we see in our City today is generally in accord with previously determined planning objectives.

Under the leadership of then Mayor Paul Fader and then Planning Board Chair Hilary Ballon, an extensive effort was made in 2003 to encourage public participation in the master plan review process. Four Master Plan Task Forces were formed and citizens were invited to participate.

The master plan review, when completed, listed its Statement of Objectives:

• Preserve the character of the residential neighborhoods

• Support residential neighborhoods to stabilize property values

• Encourage residential development in the Central Business District

• Address the shortage of parking in the Central Business District

• Promote public transportation, including light rail and trolleys, to ease traffic congestion, encourage use of peripheral parking lots, and provide access to the Central Business District from outlying areas

• Develop pedestrian walkways and bicycle paths as the connective tissue in the city, providing access from residential areas to major community resources, including the public library, town hall, Depot Square, Mackay Park, playgrounds, parks and shopping areas

• Enhance the intersection of Demarest and Dean Streets so that this area serves as an appropriate gateway to downtown Englewood

• Encourage mixed-use development in targeted areas, in particular the Office-Industrial Zone where land is underutilized

• Protect historic neighborhoods

• Nurture pride in our community and a sense of civic identity by setting high standards for urban design and protecting the quality of our built environment

• Take full advantage of open space resources, in particular by redesigning Depot Square as a site of community activities, with a landscaped park, outdoor amphitheater for concerts and movies, and facilities for an open-air market

It is evident that four years ago a great deal of thought and public participation went into the preparation of this list. But planning objectives require leadership and commitment to become reality. We hope this list has not just been filed away in a drawer and forgotten by our public officials of today.

In the April 17 election for members of the Englewood Board of Education, incumbent candidates Glenn Garrison, Joan Meltzer and Stephen Brown were overwhelmingly reelected for new three-year terms. Each of the incumbents received nearly 60% of the normally small voter turnout in school board elections. Garrison, Meltzer and Brown had been endorsed by SEEK, an organization founded in 2003 for the purpose of interviewing, selecting and endorsing candidates committed to quality public education. SEEK had previously endorsed Garrison, Meltzer and Brown during the 2004 election.

Glenn Garrison has been acting as chair of the Board committee overseeing the school district’s substantial building program following passage of the school construction bond referendum in 2004. Stephen Brown has served as Board President for two years. All three have strongly supported the extensive reforms which are in progress in the schools under the direction of Schools Superintendent Carol Lisa. These reforms received strong endorsement from New Jersey Commissioner of Education Lucille Davy in a progress report to the State Board of Education dated February 7, 2007. There has been strong support from the State for Englewood’s efforts in the last five years, not only for the Academies@Englewood, but throughout the system. There is some evidence that State officials view Englewood as a laboratory of sorts, in that successes achieved here may be replicated elsewhere.

The three losing candidates in the election were Ivory McGee and Sharon Wells, both school teachers in other districts who received the endorsement of Mayor Michael Wildes, and Pat Stinson, a former Board member. They all emphasized in their campaign literature the continuing problems in our schools, without acknowledgment that positive change was underway.

At a Thursday afternoon press conference, Boss Joe Ferriero announced he was calling off his primary challenge against incumbents Loretta Weinberg, Valerie Huttle and Gordon Johnson.  Poll results were said to have Senator Weinberg with an overwhelming 44% lead over Michael Wildes. Boss Joe Ferriero apparently saw the handwriting on the wall and dumped his loser for the imminent winner.  The Senator and her two Assembly running mates accepted Ferriero's capitulation and endorsement, signalling an end (or temporary truce) to what PoliticsNJ.com dubbed "A Civil War in Bergen County." 

At least, in the short term, this appears to be a political victory for the Weinberg team, who got to embarrass the Boss by having him reverse himself and ditch his substitute candidates.  As well, the victorious legislative team rid themselves of their immediate BCDO opposition without having to raise money or empty their pocketbooks.

But, with the details and arrangements of "The Deal" still sparse, we at The Englewood Report are not sure how these latest developments will play out for our City and Bergen County. 

According to Tom Moran of The Star Ledger, "the spat could prompt Democrats to purge pay-to-play bosses."

According to the Teaneck Blog, "This tactical retreat by the party will probably do little to dampen its growing local influence and weaken the vise grip in which it holds much of the area. With all the money saved and favors not yet called in, the BCDO lives to fight another day."

Below we've included some of our lingering questions and the latest quotes from the players involved and the commentators on the sidelines. 


Was this "Civil War" Really Just a "Family Spat" between loyal Democrats?

Boss Joseph Ferriero:   "The Democratic Party is very much a family.  And from time to time, we have family fights."

Assemblyman Gordon Johnson: "We are going to go forward as a team. Maybe a dysfunctional family. But a family."

Senator Loretta Weinberg:  "If in fact we are a dysfunctional family that fights from time to time, we need an authority figure (Governor Corzine)."

Mayor Michael Wildes: "Nothing more than a family squabble."

The Bergen Record:  "Max Prager, a prominent member of the Englewood Jewish community, sent a letter to about 75 Republican friends, stamped by the Democratic Organization's postage meter, urging them to re-register as Democrats, if only for a day, to support Wildes.

'Obviously, there's something not right,' said Elaine Yaffe, an Englewood Republican who received a call urging her to become a temporary Democrat. 'Going to ask someone to change their affiliation? For one day? Too outrageous for me.'"


Is this Deal the Beginning of a "Budding Romance"?

Boss Joseph Ferriero: "If we had a rabbi, one of us would be stepping on the glass right now."

Senator Loretta Weinberg: "Cinderella did come to the ball finally."

Mayor Michael Wildes: "I look forward to having that first dance, Cinderella."

Boss Joseph Ferriero: "It took me four months to convince [Senator Weinberg to accept the party endorsement], which is about as long as it took me to convince my wife for a first date."


Is this Deal Just a Temporary Cease Fire?

Senator Dick Codey:  "I felt a deal was to be had.  I thought both of them were looking for a way to avoid [a primary battle]."

Star Ledger Columnist Tom Moran:  "Ferriero said he sees no reason to change the way he does business.  Which means he's learned nothing from this defeat.  And Weinberg hinted that Ferriero may face a challenge when he seeks re-election as chairman in June 2008."

Record Columnist Alfred P. Doblin:  "Ferriero is pragmatic. He wasn't going to easily win. Why waste political and financial capital in the reassembly of a former assemblyman? Ferriero and Weinberg may not like each other, but who cares? Certainly not Democrats who want to retain control in Trenton. It's about winning."


Is this Deal a Blow to Ferriero's Pay-to-Play Machine?

Star Ledger Columnist Tom Moran: "Who knows? Maybe Democrats are ready for a civil war to purge their ranks of bosses like [Ferriero]."

Teaneck Blog: "No, only a resounding defeat at the polls in full view of the public, the kind of loss that would completely demoralize the BCDO from the leadership on down, would really shake things up enough to give real systemic reform a chance of working. This tactical retreat by the party will probably do little to dampen its growing local influence and weaken the vise grip in which it holds much of the area. With all the money saved and favors not yet called in, the BCDO lives to fight another day."

A Coalition of Progressive Groups:  "This victory clearly demonstrates that business as usual in Bergen County Democratic insider politics must change.  That it is time to open the back room door to let in some fresh air."


What Will Happen to The Remaining Candidates on the "Real Bergen Democrats" line, such as Englewood Councilwoman Charlotte Bennett Schoen and Allen Gailes?

Juan Melli of BlueJersey.com: "While Loretta Weinberg, Gordon Johnson and Valerie Huttle are expected to move to the BCDO line, unresolved questions remain about the fate of the rest of the Real Bergen Democrats slate.  Several sources have indicated that unless other candidates on the Real Bergen Democrats' ticket withdraw from their respective races, they will run without any legislative candidates at the top of the ticket."


The Englewood Report will do its best to sort through these questions over the coming weeks.

Last month, noted French urbanist Michel Cantal-Dupart visited our very own downtown with a cameraman in tow. Hosted by Dr. Robert Fullilove of Columbia University, Cantal tours Englewood with a group of residents while offering up his own take on our city's design. The resulting video is an insightful new look at the city of Englewood from one of the world's preeminent experts on city planning.



About Michel Cantal-Dupart:

Michel Cantal-Dupart is professor and chair of the department of urbanism and environment at the National Conservatory of Arts and Trades in Paris. In addition to his teaching, Cantal-Dupart maintains an active practice as an architecte-urbaniste. He is widely recognized for his innovative approach to city form, based on the principles of human rights. As an ecologist, Cantal-Dupart strives to create environments that will move people to protect the world's most vital resources. Through his work, he has revitalized abandoned urban spaces, protected cities from flood, preserved archaeological sites, and integrated marginalized housing projects with the surrounding urban spaces. Cantal-Dupart has advised several projects in the United States, including the “Find the Rivers!” project in Pittsburgh, Pennsylvania. His work was recognized with Dwell Magazine's “Nice Modernist Award.”

About the Hosts:

Robert E. Fullilove, EdD, is associate dean for community and minority affairs at the Mailman School of Public Health of Columbia University. He is also a professor of clinical public health. Dr. Fullilove has conducted research on the AIDS epidemic since 1986, and has served as a senior advisor to many federal, state and local agencies, as well as community-based organizations. His recent report, “African Americans, Health Disparities and HIV/AIDS: Recommendations for Confronting the Epidemic in Black America,” has received extensive coverage in the media and has helped to shape new legislation for AIDS care and prevention. Dr. Robert Fullilove is a devoted student of the French language and visits France every year. Currently, he is co-directing, with wife Mindy Fullilove and colleague Dr. Lourdes Hernández-Cordero, the track in urbanism and the built environment at Mailman School of Public Health.

Mindy Thompson Fullilove, MD, is a professor of clinical psychiatry and public health at Columbia University. She is also a research psychiatrist at New York State Psychiatric Institute. Her research addresses the health problems linked to the mismanagement of cities. Her latest book is Root Shock: How Tearing Up City Neighborhoods Hurts America and What We Can Do About It, based on her studies of urban renewal in five American cities. She is also author of “Eminent Domain and African Americans: What is the Price of the Commons?” which is the first in a series of independently authored reports on eminent domain abuse, issued by the Castle Coalition. Dr. Mindy Fullilove has studied urbanism and the ecology of cities, with Michel Cantal-Dupart since 1993. Currently, she is co-directing, with husband Robert and colleague Dr. Lourdes Hernández-Cordero, the track in urbanism and the built environment at Mailman School of Public Health.

Englewood is undergoing an unprecedented building boom and pending projects indicate that this may continue for a while longer.  To better understand the issues involved and the concerns people have, it's useful to discuss this construction in three categories:

1) private projects encouraged by and/or negotiated with the City government
2) private projects without direct government participation, undertaken in accordance with (or requiring a variance from) the City's zoning regulations
3) public projects such as those currently being undertaken by the Board of Education following passage of the school construction referendum in 2004

Implementing Planning Goals

 In the first category of construction are the two Group USA buildings on West Palisade Avenue and the Towne Center development across from City Hall.  These projects are intended to implement  major planning goals, which have been to encourage residential development in the Central Business District and to stimulate investment west of the tracks.  The Towne Center project became controversial recently as a result of a disturbing breakdown in the process and details of the building plan approval  between the developer and City officials.  And the shear scale of the actual building was, apparently, a shock to many city residents.

Another major planning goal has been, to quote from Englewood's Master Plan, to "encourage mixed use development in targeted areas, in particular the Office-Industrial Zone where land is underutilized."  The motive here is primarily financial, to reverse the steadily declining portion of local property taxes which have been contributed by our industrial area, and thereby benefit residential taxpayers.  It is thus essential that the total impact, including both additional revenues and costs to the City, be assessed on any new project, to insure that it will in fact be a significant benefit. The nearly complete Englewood South project north of Route 4 and the massive Flatrock Square project south of Route 4 recently approved by the Planning Board are major examples in this category.  

Rogue Planning Board 

Unfortunately, the potential tax benefits from the Flatrock Square project have been severely eroded as a result of two Planning Board decisions: 1) in 2005, to allow indefinite postponement of the originally negotiated requirement for an office building, and 2) recently, to allow the construction of rental apartments as opposed to condos.  From a tax point of view, office construction is normally the most desirable, while the tax rate on condos is typically as much as twice that on rental apartments.

Under Englewood's City Charter, the Mayor has the sole power to appoint members of the Planning Board, and thus the ability to exert considerable influence on its decisions.  Englewood's Planning Board has nonetheless historically had a reputation for fairness and thoroughness.  Under the current Mayor, Michael Wildes, it may be losing that reputation, as Wildes changed from opposing the project when he disassociated himself from Bergen County Democratic Boss Joe Ferriero to now becoming an ally of the machine he used to oppose.

 Wildes has subsequently negotiated privately with the developers in his Manhattan office and then demanded a rubber stamp from its members.  Wildes is currently running for the State Senate in Legislative District 37, with the support of County Democratic Chairman Joseph Ferriero.  Campaign contributions from developers are a major funding source for the County organization.  

Work on the Flatrock Square project was halted by the City on March 30, alleging failure to obtain an adequate building permit.  Members of the City Council are known to be displeased with the action of the Planning Board, and we would not be surprised to see legal action undertaken by any of the parties involved.

Neighborhood Preservation

In the second category of development are a series of projects which threaten the integrity of single-family neighborhoods throughout Englewood, mostly requiring variances from the Board of Adjustment.  The first two objectives listed in Englewood's Master Plan are "Preserve the character of the residential neighborhoods" and "Support residential neighborhoods to stabilize property values."  However, there has been considerable economic pressure from private developers for more dense multi-family development in single-family zones, and there are a number of cases which are pending before Englewood's Board of Adjustment in this category. 

In addition, there are cases where religious institutions are attempting to locate in single family zones, with traffic and other disruptive implications. And because houses of worship are tax-exempt, the acquired properties are pulled off the tax roll. In a number of cases, residents have felt compelled to hire their own lawyers to protect their neighborhoods' single-family zoning. The Bergen Record recently called Englewood the "religious capital of Bergen County." And with over 40 houses of worship in Englewood today, we can expect even more of these battles to play out before the Board of Adjustment in the near future.

Public Projects

In the final category are the new John Grieco School in Durie Park, the additions to Quarles and Cleveland schools and the renovations at the middle and high schools.  Upon the completion of the Grieco School, the Lincoln School on Englewood Avenue is scheduled to be vacated. The City of Englewood has assumed ownership of the Lincoln School site and of the site of the Liberty School, where the Board of Education is located.  Major questions still remain on the future use and disposition of these properties. 

Also in this category of development is the new parking garage on Dean Street, which appears to have been constructed by the Economic Development Corporation without adequate planning for its management and security.  As well, the garage's role in the comprehensive economics, hours and deployment of City parking was not thought out in advance, putting pressure on the City to increase street parking fees to redirect business to the garage.

Recommendations 

This newsletter believes that our elected City Council should, by whatever legal means are available to it, assert control over what appears to be a chaotic situation.  Decisions that should be made by the Council have in fact been appropriated by non-elected bodies such as the Planning Board and the Economic Development Corporation.  A major criterion in the selection of a new City Manager should be familiarity with the complications of development.  We recommend that the Council:

1) review all projects in which the City is involved
2) signal through public statements and its appointments to the Board of Adjustment that zoning of single-family neighborhoods will be respected
3) move ahead with a process to decide on the future of the Lincoln and Liberty Schools
4) signal the start of a new era by announcing a moratorium on all projects until a review is conducted to determine where we are and where we should be going, both from a planning and financial point of view. 

Most importantly, there must be public as well as expert input throughout this process.

The people of Englewood have good cause to be upset by this chaotic situation. Yet, this upset can only be corrected if City officials change course and proactively engage citizens, providing them with informed consent, transparency and a clear demonstration that conflicts of interest will not be tolerated.

“Who's on first, what's on second?”
     - Abbott and Costello

"What am I doing here? What are you doing here?"
     - Ferriero and Coniglio

We've had a hard time keeping a straight face as Party Boss Joe Ferriero and his fumbling threesome (Zisa, Wildes and Wilson) trip on their clown shoes while trying to walk like Karl Rove. Only a few weeks into the campaign and already we have seen some howlers. So, to keep it entertaining, The Englewood Report is having a contest.

We have divided Ferrierocrat antics into three scorable categories.  The first person to reach 10 points in each antic category will be awarded a CD of the classic Abbott and Costello routine, "Who's on First."

We supply you with some examples and points to get you started.  The antic categories are:

Antic 1: Create bogus "talking points" in an attempt to control and divert attention.

Examples: The Violet Cherry Caper in which the Ferrierocrats inflate a local personnel matter into a bogus talking point.  If you believe that the powerless, moneyless 73 year-old retired Englewood Health Department director (who never has had patronage jobs or no-bid contracts to award) is a Bergen County “boss,” then there is a bridge in Brooklyn that needs your name on it.  If you also believe that the Ferrierocrats are "reform Democrats," please write your reasons in soap on the driverside door of a Ferrari Enzo model F60 and deliver it to the Englewood Report office.

Score 2 points.  1 for each.

Antic 2: Strike a sanctimonious pose that has nothing to do with reality.

Example: Michael Wildes’ riotous attack quote:  “You are known by the company you keep.”  Gee, has the flipflopping recruit Wildes checked out his new buddies?

Score two points. 1 for the quote and another for keeping a straight face.

Antic 3: If you have little to recommend you, accuse your opponents of your own sins.

Zisa and company obviously didn't think much of their prospects, so they left the starting gate attacking the ethics of Senator Loretta Weinberg (who was just fine with them before she turned down the prospect of joining their pay-to-play team).

According to antic 3, are we surprised that whatever Ferrierocrats accuse their rivals of, they themselves do?  Of course not! While Zisa accuses Weinberg of failing to report the value of legal work done by a NJ lawyer on her 2005 campaign forms, former Englewood mayor Sandra Greenberg has filed a complaint against Zisa for -- you guessed it -- failing to report the value of legal work done by a NJ lawyer on his 2005 campaign forms.

Welcome to the Little League of Swiftboating!

Score a well-deserved 2 points. 1 point for ambition (aspiring to emulate Rove), 1 bonus point for the entertainment value in getting caught so quickly.

Happy hunting!