Mayor Berger Blocks Dump – Council’s Prior Approval Sparks Developer Lawsuit

HOWELL – According to an explosive lawsuit filed last month, Howell Mayor Theresa Berger derailed a proposed waste transfer station on Randolph Road by “vehemently opposing” the project, just hours before a final hearing on approvals by the County Freeholders. Three members of the Howell Township Council – all Republicans — had already approved the project in early 2017. But the objection of the then-newly elected Mayor Berger, a Democrat, forced County and Township Officials to withdraw their support. According to the lawsuit, the Mayor’s objection has blocked the dump project.

The lawsuit highlights the battle lines in one of the major issues in the upcoming November election in Howell. While Mayor Berger identifies the blocking of the dump as a major accomplishment, Councilwoman Evelyn O’Donnell is scrambling to erase her record of supporting the dump.

In March 2017, Resource Engineering quietly obtained the approval for the project from three of Howell’s Republican Council Members including Evelyn O’Donnell, who is currently running for re-election.

“If Mayor Berger is not re-elected, I believe the dump will be built.”

Dawn Van Brunt, Founder of Howell for Open Land and Preservation of the Environment (HOPE)

After the Council Members approved the dump, it was scheduled for final approval at the meeting of the Monmouth County Freeholders on July 27, 2017. But Berger, who assumed the mayor’s seat in January 2017, sent a detailed letter to the County Freeholders that same day, outlining her objections to the project.

The effect of Mayor Berger’s letter of objection was immediate and dramatic – the Freeholders cancelled their July 27th hearing for the project, claiming they had received “new information.” Berger’s letter pointed out numerous areas of concern, including traffic problems that would be caused by the transfer station, the impact of the noise and smog in the largely residential part of town, and the vehicles idling and emitting pollution. She concluded that the facility was not in the best interest of Howell’s residents, who “would much rather look at a neighbor’s backyard than hear, smell and see a dump.”

The proposed waste transfer facility on Randolph Road would accept 1,500 tons of materials per day. It would also include a 25,000 square foot main building and an 8,000 square foot maintenance garage. The developer of the project, Resource Engineering, LLC, is owned by the family of a high-ranking county Republican official.

In the upcoming mayoral election on November 3rd, Berger is being challenged by local attorney Suzanne Brennan. One seat on the Howell Council is also up this year, with Berger’s running mate, Andre de Garmeaux challenging current Councilwoman Evelyn O’Donnell.

Dawn Van Brunt is the founder of Howell for Open Land and Preservation of the Environment (HOPE) and has been an outspoken critic of the proposed waste transfer station. Van Brunt stated, “For Howell residents, this is a critical election. If Mayor Berger is not re-elected, I believe the dump will be built.”

Dump Project Timeline (2015-2020)

11/16/2015
The developer, Resource Engineering, submits a proposal for a solid waste transfer station on Randolph Road to the Howell Township Clerk.

11/23/2015
Howell Township hosts a meeting with the Monmouth County Solid Waste Coordinator to discuss the proposed solid waste transfer station.

2/10/2017
Howell Township requests a traffic signal and widening of roads, required for final approval of the waste transfer station.

3/02/2017
Mayor Berger sends email to the Township Manager asking why they are adding a traffic signal and widening the roads at the proposed dump site.

3/06/2017
The Howell Township Manager sends a letter of support to the Solid Waste Advisory Council (SWAC). The letter was authorized by Republican Council Members Robert Nicastro, Pauline Smith and Evelyn O’Donnell.

5/18/2017
SWAC officially recommends the dump project, which is a prerequisite for final approval by the Freeholder Board.  

7/27/2017 (morning)
Mayor Theresa Berger sends “scathing email” in opposition to the waste transfer station on the day scheduled for the county freeholder meeting to give final approval to the project.

7/27/2017 (afternoon)
Monmouth County Freeholder Meeting is cancelled, waste transfer station proposal sent back to SWAC.

1/25/2018
Howell residents pack SWAC meeting to oppose the waste transfer station. The Republican Council Members state they have changed their position and are now opposed to the dump.

1/22/2019
Mayor Berger and newly elected Democratic Councilman John Bonevich propose a resolution opposing the waste transfer station.

1/17/2020
Mayor Berger attends SWAC meeting to demand the release of the county traffic study for the project. To date, they refuse to release the traffic study.

2/5/2020
Mayor Berger sends letter to Freeholder Director Arnone, repeating the town’s objection to the proposed dump project.

8/11/2020
Resource Engineering LLC files a lawsuit, specifically blaming Mayor Berger for “vehemently opposing” and successfully blocking the proposed dump – for now.