Since former mayor Len Kaiser sold the air rights above the town parking lot to Melrays six years ago, the borough and Filippone have been back and forth on getting the parking lot and Melrays up and running.

During the Christmas shopping season at the end of 2006, the borough declared the lot was open to the public, minus the lighting. Borough resident Larry Crawford then warned the mayor and council of the dangers of an unlit parking lot beneath a store on at least two occasions. "It’s a crime waiting to happen," said Crawford.

On April 24, borough administrator Terence Wall discussed the question of who needs to install the lights with the mayor and council at the public meeting. Simply put, Wall said the borough believed it was Filippone’s responsibility and Filippone believed it was the borough’s responsibility. "He believes he was not contractually responsible," said Wall.

Wall and construction official Robert Kairys both said they believed Melrays was obligated to ensure the parking lot was restored back to the way it was before Filippone built the addition to the furniture store above it. Filippone disagrees. "The town is 100 percent responsible for the lights. Period," he said. "It seems like it’s a new issue each week."

Filippone pointed to an April 2007 council meeting, where Councilman Steve Tanelli said the borough would go out to bid for the lights. "We are in the process, but it takes time to get the bids in, award the contract and put the lights in," Tanelli said at last year’s meeting. "We are addressing the lights."

The contract does not specifically address lighting, except in a paragraph which grants the borough easement rights on the underside of the building. These easement rights grant the borough access to the underside of Melrays to build lighting, sprinklers, utilities or other fixtures.

However, plans submitted to the planning board show a lighting proposal on the property, according to borough attorney Tony D’Elia, adding that he directed the construction official to shut down the addition.

The mayor and council said the lights would be fixed immediately regardless. If needed, the borough would seek the money from Filippone later. "If we have to do these on our own, so be it. If we have to go back and recoup that money, we’ll do that too," said Mayor Peter Massa.

Tanelli suggested tacking the parking lot lighting project on with the Ridge Road Streetscape project, which should begin construction soon. The problem with lumping it together with the streetscape project is PSE&G does not affix light fixtures onto someone else’s property, according to borough engineer Dominic Villano.

To date, Filippone has not received a certificate of occupancy on his addition for several minor issues, such as an accessibility ramp. Additionally, his construction permits remain open, according to Kairys.

Recently, Kairys cited Melrays for allowing customers into the upstairs display room without a certificate of occupancy. While he allowed Filippone to place the furniture upstairs so he could determine egress routes as fire code official, a final inspection was never completed. Filippone could face a fine of up to $2,000, according to Kairys.