While the budget is still high on the agenda of the West Windsor Town Council, other more controversial subjects, especially the call for RFPs to select the township attorney, lurk in the background.
At the April 28 meeting West Windsor Council President Bryan Maher noted that the Council had already spent more than 16 hours publicly discussing the budget at the budget meetings and public hearings, and, through negotiation and compromise, had developed a budget that was satisfactory to all five council members.
Resident Greg Strawn said that, while he too supported the budget, two things still disturbed him: the amount of the surplus, and the fact that public safety is 30 percent of the budget, because “our police force is grossly overstaffed and underworked.”
Maher and Council Member George Borek both agreed that while the township had worked very hard to keep the municipal property tax rates flat, other government entities, most notably Mercer County and the West Windsor-Plainsboro Board of Education had not done so. Borek asked residents to remember that the township collects taxes for all three entities at once, and to not blame the township for the other entities’ tax increases.
“We need a different process so that these entities are held accountable too,” said Borek. “We are doing the best we can with our portion. I ask that our residents try to remember that when you get your tax bill.”
The Council then voted to pass the 2014 municipal budget without change by a vote of 5 to 0.
Another budget matter — an ordinance allowing for the establishment of a cap bank — triggered much more discussion.
Township CFO Joanne Louth explained the purpose behind a cap bank. “This is a planning tool that pertains to the appropriation cap, not the tax levy cap. There is a limit set every year by the state. We can only exceed the budget by .5 percent, which is roughly $130,000, unless this is enacted. It is not needed for this year. It is a planning tool, so that what is not used this year can be used in next two budgets (2015 and 2016). If this ordinance is passed, the cap bank will be just under a million. It has been $1.2 million in past two years. Because we have had a cap bank in place for past two years, we are using that cap bank first.”
“No one in this room knows what decisions will need to be made in 2015 and 2016. It is a precautionary measure and I do recommend that this measure be taken.”
Resident John Church disagreed. “I am requesting council not to pass the cap bank ordinance. We failed to pass a cap bank in 2011, and we suffered no ill effects.” Having the money in the cap bank serves as “a disincentive to keeping budgets under control,” Church said.
“We have $400,000 left over from last year’s cap bank balance, and we did not need use any of it last year. This money only comes into play if you need to increase the cap bank limit by more than 2.5 percent,” he said.
Township representatives maintained Church had made an error in his statement. Said William E. Antonides Jr., the township auditor, “I need to correct this. The amount the township is allowed to spend without the cap bank is .5 percent, not 2.5 percent.”
And business administrator Marlena Schmid explained, “Every year the state files a local finance notice, which is subject to change every year. They adjust the amount that the towns can spend, and this number varies from year to year. But the average over the past few years has been .5 percent to one percent, not 2.5 percent.”
Louth added, “This is the first year in the last five years that we have needed to go into the cap. Times are changing as decisions are made. There is no harm in passing this but there can be harm if we don’t pass it. I urge you to pass the ordinance.
Maher replied: “I ran on a platform to keep taxes low and test budgets. That is why I am up here. People pay high taxes in this town. What sickens me the most is people don’t buy here or move out of town because of taxes. I agree that this is a measure to allow more spending and I am opposed to it and will continue to oppose it.”
Despite the recommendations from the township CFO, the auditor, and the business administrator, the Council failed to pass the cap bank ordinance by a vote of 3 to 2. Borek and council member Kristina Samonte voted in favor of passing the measure.
There was also some dissension among the Council members regarding the need to hire a consultant in the ongoing litigation between the township and former animal control officer Bettina Roed. The administration recommended a professional services agreement with Michael Melchionne, who would serve as a consultant/expert on the issue of animal control policies and procedures in the lawsuit, at a cost of $10,000.
Said Maher: “I expressed significant distaste regarding the cost to [township attorney] Michael Herbert. Why should we pay an expert more than what he would earn normally in his profession? To pay someone $120 an hour as an animal control officer is outrageous. So the total cost for this expense was cut, but not cut enough in my opinion.”
Herbert responded: “This was not my decision nor was it the choice of the administration or council. This was forced on us by the court. The court ordered us to hire an expert, so we are stuck with it. There are so few animal control experts in this area that we had very few options. Melchionne is not just an animal control officer, he is considered an expert, and will be looking at our entire animal control shared services agreement with East Windsor. I will do my best to keep the costs to a minimum, but if we don’t approve this, I will be forced to go to trial without the expert that the court ordered us to produce.”
The Council voted 4 to 1 (with Maher dissenting) to approve the measure.
Regarding another piece of litigation, pending since 1999, involving Public Service Electric and Gas Company v. Shadow Oaks at Cranbury Inc., d/b/a Garden Sate Land and the township, Council unanimously approved a final settlement in the amount of $3,000 to PSE&G that brings the litigation to a close. A default judgment had been entered against the township, by PSE&G, which would have required West Windsor to pay PSE&G $10,697 plus interest and penalties of $30,000 for street lighting.
The township, through attorney Herbert, entered into settlement negotiations, and ultimately PSE&G agreed to waive the interest and penalties of $30,000 and settle the matter in the amount of $3,000 as full and final payment from the Township.
“I always give credit where credit is due,” said Maher, “and I have to say that Mr. Herbert worked diligently to get this settlement reduced. This lawsuit could have cost us $40,000 but thanks to Mr. Herbert, the settlement was much lower. This is a good example of how we can work together to save this town money.”
The Council also voted unanimously to endorse the submission of the 2013 municipal recycling tonnage grant application to the New Jersey Department of Environmental Protection (NJDEP) and designated Vickie Felix to be the certified municipal recycling coordinator; to execute a contract with Multi-Temp Mechanical Inc. to maintain and service the heating, ventilating and air conditioning systems for various township buildings for the period from May 1 of this year through December 31, 2015, at a cost of $80,000; to execute a contract with TLG Signs, Inc. t/a Fastsigns, for the production and delivery of graphics for the environmental education exhibition at the Schenk Farmstead Barn at a cost of $3,953; to authorize a change order with D&D Trenchless Solutions Inc. that results in a decrease of $4,149 in the total contract cost for the North Post Road sanitary sewer rehabilitation; and authorizing the purchase of a 2015 Ford F350 4WD truck with a plow and dump body for the Department of Public Works (DPW), from Cherry Hill Winner Ford in the amount of $58,528.
All of the above items were unanimously approved by the council.
Among other items discussed at the meeting, Samonte reported that she had attended a West Windsor Parking Authority meeting, at which the possibility of a parking rate increase was discussed.
Explained Parking Authority board member Alison Miller: “The Authority will discuss rate increase at its next meeting, to cover significant increases in costs and projects. However, as Ms. Samonte said, we have the lowest parking fee rate on the entire northeast corridor. Even if we raise our rates to the maximum level that we have been discussing, which is far from certain, we will still have the lowest parking rate on entire northeast corridor.” The Parking Authority meeting will be Wednesday, May 14, at 8 p.m. at 14 Washington Road.
#b#Attorney RFP#/b#
Business administrator Marlena Schmid and Council Vice President Geevers provided an update on the township attorney RFP process. Said Schmid: “The RFP has been sent out already, and responses are due back on Thursday, May 22, at the Council’s request. It has been advertised in numerous state and local papers, the New Jersey Law Journal, and is on the township website.”
Geevers noted that the Mayor has also put together a committee to review the proposals when they come in. “The Committee consists of the Mayor, Chief Joe Pica, Marlena Schmid, Joanne Louth, and Andy Lupo, on behalf of the residents. I am also on the committee, representing the Council myself, but I am asking that we should have the council president on the committee as well. The RFP idea was the Council’s initiative and the council president should be involved in the selection process, to help round out the balance between the Council and the administration. I am putting this request out there publicly in the hopes that the Mayor will reconsider this decision.”
Maher also expressed his displeasure at not being asked to serve on the RFP committee, noting that this appeared to be a move by the Mayor to “stack the committee.” “I am very disappointed that I am not on the council,” he said, “and that only Linda Geevers is representing the council. So, if the mayor doesn’t change his mind, [and put Maher on the committee] I assure you that the review of the RFPs will ratchet up.”
Maher later said, “Anyone who knows me knows that I am willing to compromise, and that extends to the mayor. But it needs to go both ways. If he is not willing to compromise, then there will be a lot of head-butting between us for the next two years.”
The next council meeting will be held on Monday, May 12, at 7 p.m. in the municipal building.
#b#Online Comment.#/b# John Church posted the following: “Yes, I did make a mistake when discussing the proposed cap bank ordinance at Monday’s meeting, but one not serious enough to affect the conclusion that no such ordinance was necessary this year, a conclusion with which council agreed. I am drafting a letter which will go into detail and hopefully correct the record in all respects.”
“In the meantime, it was good to see the 2014 municipal budget passed unanimously. I would like to thank council and the administration once again for their hard work.”
