TOWNSHIP FORMALLY ENDS TROUBLED DAIBES PROJECT DESPITE CONTRACTOR PLEAS

The long-delayed and troubled Daibes development project at Springfield and Burnett avenues is officially ending today as a stop work order is formally issued and the mixed use plan officially halted.

But the developers did not go down without a fight, appearing at Tuesday night’s Township Committee meeting to plead their case one last time.

Developer John Lita and his attorney, Joseph Vena, pleaded to the Township Committee for more time to complete the project that had been initially launched in early 2013.

“If you give us one month so he can show you where he’s going,” Vena said. “To kill it now you’re going to have an empty building, someone’s going to sue, either you’re going to sue or we’re going to sue.”

But Mayor Vic De Luca and others on the TC disagreed, citing delays that have stretched back more than two years. The mayor also cited numerous violations of the initial agreement by the contractor, among them that the project has transferred from Daibes to Lita without approval. 

“Listen, you violated the agreement on ownership, you have the wrong party here, we have an agreement with Daibes,” De Luca said. “You’ve come here before on three different occasions and asked for more time and we’ve given you more time every time. In my opinion, there is nothing you have said tonight and actually tonight you have made it worse by blaming us for the problem. You have done nothing to change my opinion.”

“I don’t believe you are either willing or capable of getting that job done.”

The TC had passed a resolution on Sept. 15 to rescind the redevelopment agreement, but agreed to give Lita a chance to explain before the resolution took effect today.

Lita and his attorney claimed that the Township had not provided all of the permits in a timely manner, sparking the delays.

“Since June 2014, applications for permits were made which have not yet been issued yet,” Vena claimed. “Let’s cut to the case, based upon this review, it actually says and it’s my client’s position that they have not been getting responses from the town for certain permits.”

He said permits and work have been done for the roof, foundation, framing, windows, brick and stucco. But he said they are awaiting permits for electrical, plumbing and fire suppression.

“I cannot work if I have no permits,” Lita said. “If I had the permits, then the job could be continued.”

Lita said the apartments could be done in 90 days after permits are received, but it would take longer for each store due to tenants renovations that would occur.

But other TC members did not accept the excuses or promises.

“We still don’t know that (the work will be done),” said TC Member India Larrier. “I can’t say that you’ve convinced me.”

TC Member Marlon Brownlee added, “Frankly some of your remarks tonight actually almost make me feel threatened.”

Township Attorney Roger Desiderio told the developer, “You’re credibility is zero because you’re telling us you’re not done because you don’t have permits but the stuff you have permits for you haven’t done.”

When Mayor De Luca asked if anyone on the TC wanted to rescind the resolution ending the agreement, no one answered.

“That’s it, we’re done,” he said.