Another lawyer has become a subject of controversy in West Windsor’s ongoing effort to appoint a township attorney.
At the town council’s May 12 meeting Council President Bryan Maher continued to voice displeasure over the committee formed by Mayor Shing-Fu Hsueh to review requests for proposal (RFPs) for the attorney position. Maher contends that he also should be part of the committee, on which Council Vice President Linda Geevers is council’s sole representative.
Maher and Geevers also disagreed with a proposal to appoint League of Municipalities attorney William John Kearns, Jr., of Willingboro-based Kearns, Reale & Kearns, as special counsel to help review the RFPs at a cost of $7,500. Kearns is considered an expert in municipal law and local government structure.
Maher questioned Kearns’ objectivity because he was selected by the mayor. Maher said that because the mayor himself is an expert on West Windsor’s Faulkner style of government he should explain to council the need to hire Kearns. Hsueh was not present during this part of the meeting, which lasted more than four hours.
Maher and Geevers were also concerned by the expense of hiring a special counsel, saying that several local attorneys might be willing to provide the same service pro bono. Council voted 3-2 against appointing Kearns. George Borek and Kristina Samonte voted in favor of it.
“This decision by council will undoubtedly delay the review of the RFPs,” Hsueh said. “I have said several times during public meetings that I would be enlisting the aid of the League of Municipalities to ensure that we handled the RFP process correctly and legally. [Kearns] would be working for the township, not just the mayor’s office. Frankly, I will not conduct the review of the RFPs without the assistance of legal counsel recommended by the league.”
Budget Discussions. Council also began discussing the 2014 capital budget — and what could be eliminated from it. Earlier in the year, Maher had identified several million dollars’ worth of capital projects that had never been started or no longer needed funding. He asked the administration to determine if the funds for these projects could be released or reallocated.
Township CFO Joanne Louth said that the administration had identified roughly $200,000 of bonded capital projects that could be canceled.
Maher noted that amount was “merely a drop in the bucket” considering all of the projects he had identified for review, but Louth explained that those projects were mostly under the purview of the engineering department, which has not yet finished its review.
“We budget for capital projects over a six-year period,” said Hsueh. “Many of them are not fully funded yet, but we do this for financial stability. Plus, even if the bonds haven’t been used and can be canceled, by law the funds must be returned to the source they originally came from. They cannot be released to the township’s general fund. So while the council’s scrutiny may be a good idea in theory, practically we will be very limited in how we can use the released funds.”
Borek noted that if council delayed too long in passing bond ordinances for 2014 capital projects, they might not be completed in a timely manner.
One such project is the ongoing Alexander Road improvements. The township announced on May 9 that it had been awarded a $250,000 grant from the NJ Department of Transportation for the project, but, Louth said, the project will not be fully funded until council passes a bond ordinance.
The township also received a grant for $225,000 from the state Bikeway program for the Conover Road bikeway project.
Other Business. Council unanimously approved a Memorandum of Agreement (MOA) between the township and the Communications Workers of America (CWA) Local 1032, for the period from January 1, 2013, through December 31, 2015. Once the CWA membership approves the MOA, an ordinance ratifying the contract will be presented to council for approval.
Council also considered a proposal to offer energy aggregation throughout the township from Pamela Frank of Gabel Associates Inc. According to Frank, energy aggregation allows a third-party energy supplier to bundle energy from PSE&G, JCP&L, and other providers, resulting in a price reduction for consumers. Participation would be optional, and residents could opt out at any time.
For the program to become available in West Windsor, business administrator Marlena Schmid explained, council would have to pass an ordinance and then the township would seek proposals through the public bid process.
Council decided to discuss the matter further at an upcoming public council meeting before deciding whether to adopt such a program.
Council also considered a recommendation from township health officer Jill Swanson to adopt the state DEP-model noise ordinance. Council members wanted to know if it would be possible to enact an ordinance more stringent than the state model. Such an ordinance would need state DEP approval, Swanson said, to determine whether the stricter standards could be scientifically justified.
Several ordinances were introduced, including one to amend the sewer fees for residents who use a sewer service other than Stony Brook Regional Sewerage Authority. These residents would be billed for the charges billed to West Windsor by the outside company, plus an additional 10 percent charge. A second ordinance related to changes in the designation of bus stops.
Public hearing on these ordinances will be held at the next town council hearing on Tuesday, May 27. The council meeting has been moved to Tuesday due to Memorial Day on Monday, May 26.
Town Hall Meeting. Mayor Shing-Fu Hsueh will hold a town hall meeting on Saturday, May 17, at 2:30 p.m. in the municipal building on Clarksville Road. Residents will have the opportunity to discuss current township projects and ask questions of the mayor
