New Resolution on WW Council’s Agenda

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While the $200,”000 bond ordinance the township council unanimously approved December 17 was passed without a peep, another matter affecting the spending of redevelopment money made its way to the forefront of discussion, drawing criticism from the mayor and two council members.##M:[more]##

During the meeting, Councilman Charles Morgan said some council members were working on another resolution, this time barring the administration from awarding contracts or deals when they are underneath $21,”000 — something it can do now without going to bid for them.

The resolution would amend a 2005 resolution that sets bid thresholds at $21,”000, and instead, make it zero. “”We passed a resolution in 2005 adopting those thresholds, meaning that the administration need not go out to bid for up to $21,”000 and can basically spend cash without coming to council,”” said Morgan. The 2005 resolution is in keeping with the thresholds authorized by Gov. Jon Corzine during that year, and allows the administration to award contracts for anything underneath that threshold.

“”This resolution would amend that prior resolution and set those thresholds at zero, meaning that if there’s going to be any expenditure for redevelopment, we should have a conversation on that before it’s happened,”” Morgan added.

Morgan emphasized the need for discipline and checks and balances when it came to going forward with redevelopment. Council President Will Anklowitz also voiced his support of the idea, reminding council it just had authorized another $200,”000 for redevelopment, and “”I want to make sure there’s controls on it, and we know where the money’s being spent.””

The bond ordinance covers the cost for the Davies and Madden proposals at a total of $105,”000, and the costs for hiring a redevelopment attorney, a real estate and financial consultant — Integra — and for funding work by Gerald Muller, the Planning Board attorney. With the funding approved, council has scheduled a joint meeting with the Planning Board set for Wednesday, January 9, and two redevelopment finance committee meetings set for Thursday, January 10, and Thursday, January 17, both at 8:30 a.m. to move to the next step.

Business Administrator Chris Marion said he had no problem with the council performing checks and balances, but said the administration, including his office, has been extremely careful about discussing and bringing any type of redevelopment funding or professional services contracts to the council before any action is taken. He said he didn’t have a problem with the resolution “”as long as that inference isn’t there that it’s (spending without council review) happened in the past, which it has not.””

Mayor Shing-Fu Hsueh was more vocal in his opposition to the idea of the resolution, saying, “”I think the success of the redevelopment really needs the kind of mutual trust and cooperation among the administration, planning board, and the council.”” He said for the past three to four years, the business administrator and the chief financial officer have worked closely to control every penny spent. “”I don’t mind council setting up principles, general guidelines, but once we start getting into the nitty-gritty management of the whole thing, I just don’t think it’s really appropriate,”” Hsueh added.

Still, Morgan and Anklowitz reiterated that the resolution wasn’t meant to suggest any wrongdoing on part of anyone in the administration, including Marion and Hsueh, but instead it was meant to ensure there would be no duplication of services, particularly when it comes to administration and council members alike, who separately call the professionals, including the planning and township attorneys, to answer questions about redevelopment. Instead, Morgan suggested, the resolution would establish a point person so that, for example, two council members or administrators aren’t calling the same professional separately to ask the same question, and causing the township to be billed for that extra time.

“”One of the very interesting problems we’ve noticed is that there’s a tendency of folks — for all of us — to feel free to call (planning board attorney) Gerald Muller and ask a redevelopment question or call Mr. Herbert,”” he said, “”asking the same question over and over again.

We’re spending serious money we don’t need to spend. So one of the ideas here is perhaps a point person who would be selected.””

Still, Hsueh said he felt the resolution was not appropriate and that “”it’s really not consistent with the spirit of this form of government.”” Herbert also commented that he hopes the council would feel free to call him through the process because it’s his job to do so, and pointed out that over the last several months, aside from

Anklowitz and Councilwoman Linda Geevers, no one has been calling him.

Morgan said he wasn’t suggesting the council cut all access to the attorneys, but rather check to make the sure the questions haven’t already been addressed before calling again. “”I’m as guilty as anyone, and I’m merely trying to get some discipline here,”” Morgan said.

Hsueh said he felt the resolution would just “”create hard feelings on part of the management staff.””

Councilwoman Heidi Kleinman agreed, saying, “”I do think that even though your intent is not to point the finger, it doesn’t give the right spirit for working together, and right now, this is not something I can support. It has to be worked on.””

“”But I do support talking about this as an agenda item with the planning board,”” she added. “”It’s always good to highlight how we all are spending money in our own way.””

Geevers said she felt the financial process with regard to redevelopment has always been open, even when it came to the price of postcards to be sent out. “”I think that we need to work with our contractors more. I feel that’s more of an issue — work with the contractors when we have a disagreement about the work of our consultants,”” she said. “”I think then we should be speaking with them face-to-face and addressing the issue. I see that as more of an issue than this resolution addresses.””

The council will discuss the draft of the resolution at its Monday, January 7, meeting. Then it will discuss it at the joint Planning Board meeting on Wednesday, January 9. It will then head to the agenda for the meeting on Monday, January 14.

In other business during the meeting, the council approved a 30-year general memorandum of agreement with the West Windsor-Plainsboro Soccer Association setting forth the responsibilities of both parties at four of the township’s fields, each of which come with their own separate memorandum.

The soccer association wanted to see what type of guarantees — including monetary — the township could give the association regarding continued use of township fields, before it invested large sums of money in them (The News, November 2). The association suggested that if the township, for whatever reason, needs to take away the use of the fields in the future, it would be compensated for the money it spent on them.

The general memorandum states that both parties will meet 90 days before the expiration to negotiate a renewal, but allows for either the association or the township to opt out of the agreement in any of those years, provided it give 12-months notice to the other side. But if the township opts out early, it agreed to pay a “”termination fee”” based on “”the parties’ best estimate and a fair and reasonable calculation of the value of the association’s contribution to the fields built by the association under this agreement and owned by the township.””

The general agreement also requires the association to submit a detailed list of costs for improvements to the soccer facilities and requires the association to provide financial information relating to its activities, contributions, and expenditures. The termination fee would be based upon the association’s annual submission of its costs from the previous calendar year. The memorandum also sets responsibilities for both parties when it comes to their respective field maintenance duties.

The separate agreements for Zaitz Park, Conover Park, and Community Park, each last five years, with the parties agreeing to meet 90 days before the expiration to negotiate a renewal. The language describing the termination fee is also reiterated in those agreements. The association is looking to install lights at Zaitz Park, on Southfield Road — which is already used exclusively for soccer. The association wants to improve the field surface and possibly install an irrigation system at Conover Park on North Post Road.

A separate agreement was also approved for Duck Pond Park on Meadow Road, a recreational site that has not yet been developed, where the association wants to create soccer fields. The township built an access drive, part of the parking area, and storm water detention basins in 2004 to facilitate its development. While estimates are still undetermined, it could cost around $2 million. The agreement for this park is set for 30 years.

The council also awarded a $144,”413 contract to Everett H. Thorne Co. Inc. of Howell for the Schenck barn renovations and repairs to the shed area. The company was the lowest of six bidders for the project. It also approved the purchase of a 1000 GPM Triple-Combination Custom Fire Pumper/Rescue Unit at a price of $347,”167 from Kovatch Mobile Equipment Corporation for the Princeton Junction Fire Company; the purchase of a 2008 Dodge Durango for the police department at a price of $22,”305 from Warnock Automotive (doing business as Warnock Fleet); and three 2008 Ford Crown Victoria Police Interceptors for $57,”028 from Hertrich Fleet Services, also for the police department.

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