December 10, 2009
By CHRISTINA TATU
FRANKFORD — Emery “Sam” Castimore’s victory Tuesday versus Paul Sutphen completes a dramatic power shift on the township committee between two sides that have been at odds the past few years.
Castimore joins Bill Hahn, a township committeeman since 1996, and Gary Larson, who will take office in January after his Election Day win, as a solid bloc that has said it wants to reverse the township’s recent anti-development direction and settle a lawsuit filed by a developer wanting to build an outlet mall in the township. It will be both Castimore’s and Larson’s first time serving on the township committee.
Hahn, who supported the recall efforts aimed at both Sutphen and Robert McDowell, has disagreed with some of the more controversial ordinances approved by that duo the past two years. In particular, this new group opposes ordinances passed earlier this year to limit commercial development on the township’s main corridors — state Route 206 and county Route 565 — as the catalyst behind the recall efforts.
Castimore said he’d like to see the development be “green” businesses, but also wants to maintain the township’s historic agriculture base.
Hahn, Larson and Castimore said they plan to modify those ordinances, as well as a defense and indemnification ordinance passed earlier this year.
The defense and indemnification ordinance provides legal counsel and indemnification for township officials, employees and appointees who may not be fully covered by the township’s insurance policy. The ordinance was recommended by township attorney Kevin Benbrook, who after reviewing the town’s law books noticed they did not have an ordinance that most state municipalities have.
The new committee members said they plan to remove the section that offers coverage for punitive damages, or compensatory fees that are sometimes imposed by a court when a defendant’s conduct is found to be intentional or malicious.
“Our intention is to go in and make sure things work the way they should, fairly for everyone within the community,” Larson said. “Again, all of this is not about Ross’ Corner (the site of the proposed town center), although many people may think that. It’s about the entire township.”
Hahn said he hopes the committee can resolve a lawsuit filed against the township in August 2008 by outlet mall developer Sussex Commons. The suit alleges Sutphen, McDowell and members of the plan endorsement advisory committee were biased against the mall project and asks that a special judge be appointed to oversee the township planning process.
The suit does not seek specific damages, although Sussex Commons attorney Kevin Kelly has estimated the mall project to be worth about $90 million.
The township also is facing a second development lawsuit after Lorterdan Properties at Frankford LLC, the developer of a proposed 270-unit housing plan and six-to nine-hole golf course located a Ross’ Corner, filed a lawsuit in September against the township committee and land use board alleging they violated a 2003 developer’s agreement.
