Council Approves Funding For Possible Taking Of Former Exxon Site

OCEAN CITY, NJ — The fate of the land that previously housed the Exxon Gas Station is now in the hands of the court. Ocean City Council approved a proposed ordinance on second reading to appropriate $650,000 and borrow $617,500 in bonds or notes for the acquisition by negotiation or condemnation of the property at 903 Bay Avenue during its meeting Thursday night at City Hall. The vote was 5-0, with Councilman Keith Hartzell abstaining and Council Vice President Anthony Wilson not in attendance.

Ocean City Solicitor Dorothy McCrosson pointed out that the proposal puts the funding in place to purchase the property from Paul Chiolo, the owner of real estate company Keller Williams. Chiolo purchased the property last year for $500,000, with the intention of building an office building to expand the company’s operations.

The city is looking to acquire the property via Eminent Domain, the taking of private property for public use for “just compensation.” A judge will determine whether or not the city can acquire the land, and what “just compensation” is during a hearing on Dec. 4.

The city wants to acquire the land to build a park, something city officials and council members say the public has expressed interest in. Chiolo said he doesn’t believe anyone will want to take their family to a park in the middle of a business district.

“It’s a business corridor,” Chiolo told reporters following council’s approval Thursday night. “ … We believe it’s an unfair taking.”

He said Keller Williams was fortunate enough to find an incredible location for the expansion of his company, which he said includes over 150 paid realtors in Atlantic County. He added his building would bring in ratables, whereas a park wouldn’t. Instead, he estimated a park would bring a burden of over $1 million to the city.

He has also heard the desires of Ocean City residents, and modified his project to include landscaping in front of the building. He reduced the size of the proposed building from 7,000 square feet to 4,900 square feet to allow for an area for walkers, joggers and bicyclists, as well as a dog fountain. The proposal was approved by the Planning Board last week after the original proposal was denied earlier this year.

Council members said they weren’t happy with the idea of taking the property through Eminent Domain.

“I don’t like Eminent Domain. I take it very seriously,” said Councilman Bob Barr, who called the vote the most difficult vote he’s faced in his year and a half on council.

He said he’s gone back and forth on it, but ultimately voted in favor of it because the public isn’t being disturbed and no one’s livelihood is being taken away.

“We have a chance to build a beautiful gateway to Ocean City,” Barr said. “ … We have a chance to do something for the greater good.”

Councilman Michael DeVlieger called the decision an extremely difficult one, and wished the city could’ve paid what Chiolo paid.

“The folks involved in this project did the right things, but the people want open space,” DeVlieger said. “ … It’s the city’s gateway. It’s what generations of people will see when they’re coming in to Ocean City.”

“We represent our constituents,” Councilwoman Karen Bergman said. “The building is beautiful, but I have to vote with my constituents.”

During the public hearing on the proposal, Jim Tweed — the president of the watchdog group Fairness In Taxes who said he was not representing the group with his comments Thursday night — defended the city’s right to take the property through Eminent Domain.

“It is not evil or un-American,” Tweed said. “ … Without Eminent Domain, there would be no public highways, no railroads, no airports and no national parks. The land is for the public good, and this is for the good of the people. I applaud you for not falling back on fear.”

The Exxon Gas Station was one of three abandoned properties city officials said were a blight on the city’s gateway. Ocean City purchased the BP Gas Station last year. The other property was the Getty Gas station, which the city has been negotiating to buy, according to ocnjdaily.com.

Patch file photo