The Courier - October 2, 2008

M'town ordered to make deadlines, yet missed four

By MELISSA L. GAFFNEY
Staff Writer

    It is possible the township of Middletown considered deadlines as "guidelines" when submitting missing documentation to the State Department of Environmental Protection (DEP), according to several instances of correspondence.
    About 10 years ago, the town purchased the former Banfield Moving and Storage site, known as "Banfield," located at 36 Church St., adjacent to the train station.
    In order to preserve some of that area as "open space," the township sought Green Acres funding for the project, deemed "Banfield Park Development."
    According to a letter from the DEP dated Jan. 11, 2007, funding for the project was in jeopardy due to "lack of progress."
    The township was ordered to provide "missing information" by March 9, 2007, according to the correspondence.
    The letter was addressed to the township's director of recreation, parks and cultural affairs, Gregg Silva.
    In a subsequent letter dated March 23,2007, the DEP said all documentation must be submitted from the township by April 27, 2007, or funding would be cancelled.
    However, in a June 14 memorandum sent from now-Township Engineer Robert Keady to then-Director of Planning Anthony Mercantante and Silva, Keady said: "The office obtained a 2 month extension from April 26, 2007, to provide an updated ROSI (Recreation Open Space Inventory)."
    According to the memo, the new deadline to submit documentation to the DEP was June 26, 2007.
    Yet in a letter dated Dec. 18, 2007, the DEP wrote to the township that the state agency was still waiting on outstanding documents, including "a Preliminary Assessment Report, a record drawing, a Post-Construction Engineering Certification form, digital images and photographs of the completed project, and an updated Recreation and Open Space Inventory (ROS!)," according to the letter.
    "We have given Middletown Township more than enough time to submit the outstanding documentation," the DEP wrote. "Therefore, funding for this project will be cancelled on Dec. 31, 2007, unless all missing documents are received."
    According to more recent correspondence, the DEP recognized the receipt of some documentation, minus the ROSI and Remedial Investigation Workplan (RIW).
    In its "Notice of Deficiency," the DEP acknowledged receipt of the Remedial Investigation Report (RIR) and RIW on February 13 of this year, according to a letter stamped March 3 by the township.
    According to the correspondence, the township was ordered to address all deficiencies with a "Remedial Investigation Report Addendum," to contain an RIW, within 120 days of receipt of the DEP's letter.
    In another letter addressed to Silva dated May 16, the DEP asked for an updated ROSI, once again, to be submitted by July 1.
    According to the correspondence, the DEP stated: "Jason Greenspan of the Planning Department was made aware of the required revisions, and agreed to produce the document."
    Additionally, in a response dated June 30, former Township Engineer Robert Bucco said the township "determined the final effort associated with the Remedial Investigation and anticipate[s] that the required information will be submitted by the end of September 2008."
    Attached to the letter was a "preliminary schedule depicting the proposed timeline associated with the remedial investigation."