Does Edison need a public advocate? Mayor, councilman disagree

EDISON - A proposal to create the position of public advocate to represent residents when major projects come before the township Planning Board and Zoning Board of Adjustment may face an uphill battle after the mayor announced last week he would veto the effort.

But at least one Township Council member is planning to move forward with the idea in hope of having a public meeting on the issue early next year.

The idea of a public advocate gathered steam in the past two years as residents spent hours conducting research and pooled funds to hire experts to help them fight plans for a huge warehouse in the Silver Lake Avenue neighborhood in South Edison and a multi-family development on the site of the former Charlie Brown's restaurant on Plainfield Road.

Mayor Sam Joshi spoke out against the public advocate proposal due to the cost and the possibility of creating conflicts of interest for local government which could result in hefty legal fees

Joshi also said he believes the position would be redundant because the township's elected and appointed officials already act in the public interest along with the attorneys representing the planning and zoning boards.

"I campaigned against overdevelopment and I have a clear record of standing with Edison residents against harmful land use decisions, but this misguided plan to create an unnecessary new attorney position would do nothing to address those concerns," Joshi said in a statement.

"While I agree wholeheartedly with the goal of giving residents a voice in zoning and planning decisions, creating this new position would be a needless waste of taxpayer dollars because our elected and appointed officials already fulfill that role and are accountable to the community - they need to do their jobs, not pass the buck and dodge their responsibilities," he added.

Joshi said hiring an attorney to oppose land use applications would also create the possibility of the local governments funding both sides of a legal conflict, potentially leading to litigation and thousands of dollars in legal fees.

He added that Edison already had procedures to help residents voice their opinions at public meetings. He also said residents have the option to appeal land use decisions to the Township Council, a measure used already this year in the proposed development of the former Charlie Brown's site on Plainfield Road.

"I strongly believe that pursuing this course of action is wrong for Edison and I ask the members of the Township Council who support this proposal to reconsider their stance. If they do not, then I will protect the interests of our community by exercising my veto authority as mayor," Joshi said.

Councilman Richard Brescher said he plans to continue the push for a public advocate, with hopes of having a public meeting in the new year.

Brescher said the plan is currently under review, in part because of the different formats the position can take and to come up with something that is agreeable to several council members.

Among the issues to be ironed out are payment and how the use of a public advocate is "triggered." he said.

"You are only looking for it to be triggered if it's of some great importance, like an egregious zoning application," he said.

In Paramus, one of four New Jersey municipalities that have a public advocate, that municipality's website lists the public advocate to the zoning and planning boards’ duties and responsibilities to "represent and advocate the public interest, not individual interests in proceedings of substantial importance which he or she shall determine in his or her sole discretion warrant representation and advocacy."

Brescher said also at issue would is who would appoint a public advocate. He does not believe it should be the mayor.

Brescher said a public advocate would have been useful when an apartment project on Jackson Avenue near Herbert Hoover Middle School was approved. He said the applicant's traffic expert said traffic would be slowed down which would be good for an area where children are present.

But a year later, he said. neighborhood residents were complaining about traffic and the township and Board of Education had to arrange to open up a side street to get buses out.

"It wasn't good we had to take additional steps to remedy this, and that's what a public advocate brings out," Brescher said. "The Planning and Zoning boards aren't supposed to advocate for the public, they are a judge on what's fair. I don't see how it's fair to the public here so we are going to push it ahead and get a vote on it."

The mayor also posted his position on his Facebook page, where about 40 people responded with comments both for and against the mayor's stance.

On Joshi's Facebook page resident, Joel Bassoff, who appealed the Zoning Board's decision on the Charlie Brown's property to the Township Council, said the mayor was mistaken on several points.

Bassoff said taxpayers would only pay for the residents' side, not the developers. He also stated a public advocate would help boards avoid bad decisions and that only use variances granted by the Zoning Board can be appealed to the council.

"A veto of a public advocate ordinance would protect the interests of developers, not the community," Bassoff said in his Facebook comments.

Email: srussell@gannettnj.com

Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Does Edison need a public advocate?Mayor, councilman disagree