Despite a chorus of promises to remain nonpartisan, the West Windsor Council’s annual reorganization meeting on January 1 was anything but harmonious.
As predicted by some, Bryan Maher and Linda Geevers were elected president and vice president, respectively, both by votes of 3-2. George Borek and Kristina Samonte cast the dissenting votes, while newly elected council member Peter Mendonez, Geevers’ running mate for council in the November election, supported Maher and Geevers.
The agenda was dominated by proposed appointments to township boards and committees, many of which proved controversial — and none more so than the position of township attorney Michael Herbert. Following in the footsteps of his late father, Herbert and his firm specialize representation of municipal governments, including Plainsboro. Critics of Mayor Shing-Fu Hsueh have long been critical of Herbert, and have objected to his having a seat on the dais along with council members. At the reorganization meeting on January 1 Herbert took a seat in the well of the room.
Under West Windsor’s Faulkner Act form of government, the mayor has the authority to make many township appointments, including that of the township attorney. By township ordinance, however, the appointment is to be made “with the advice and consent of council,” an ambiguous phrase that begs the question: what happens if the mayor appoints someone and council refuses to consent?
That is the situation the township now faces. Mayor Shing-Fu Hsueh reappointed Mike Herbert to the position of township attorney, and a resolution reflecting this appointment was brought before council.
Responding to the appointment, Geevers said, “All along, I have always believed we should be following best practices, and I have said before that I think it would be the best practice to send out requests for proposals (RFPs) for the positions of township attorney and township auditor. It hasn’t been done in West Windsor, and the Herbert law firm has represented the town for many years and so I think it is time to send out an RFP. I have nothing against Mike Herbert; I am not suggesting that we wouldn’t want to hire him again. I am merely requesting that we go through the RFP process as a way to ensure we are getting the most value for our money.”
Mendonez agreed, saying, “it is not about his performance or him personally. It is merely a matter of numbers. The township attorney’s fees make up one percent of our entire township budget.”
Maher went even further. “The township ordinance is as clear as day — the appointment must be made ‘with the advice and consent of council.’ The mayor neither asked our advice nor is he getting our consent. I personally am unhappy with Herbert; both his legal opinions and his billing. Nonetheless, Linda and I sat down with the mayor and, as a compromise, I offered to accept another lawyer from the same firm, just not Herbert. But the mayor did not accept my offer. Our legal costs are astronomical, and I think the administration needs to put out an RFP.”
“In 2007,” Borek said, “the council went through the same issue when Charlie Morgan wanted to hire a different law firm. And we went through all of the statutes and the ordinances, and we all agreed that the mayor has the authority to appoint the township attorney. In fact, Linda, you went along with that decision, and said that the only way to resolve the issue once and for all is to litigate the Faulkner Act. Maybe that’s what you all want to do now to resolve the issue once and for all. But this council has agreed that the mayor has the authority to make this appointment.”
Said Samonte: “It is a statutory requirement that the township attorney position must be filled at all times. And, under the Faulkner Act, it is the mayor’s appointment. I think we need to seek a legal opinion before we vote on this resolution.” When Maher expressed his unwillingness to do so, Samonte replied, “I hope you all know what you are doing. Doesn’t anybody understand this form of government?”
Council ultimately opposed the resolution to appoint Mike Herbert by a vote of 3 to 2, with Borek and Samonte voting for the appointment.
The matter was continued to the January 6 meeting, when a new resolution was proposed requesting that the mayor send out an RFP for the position before appointing Herbert. Maher, Geevers, and Mendonez voiced support for the new resolution, as had many members of the public, including residents John Church, Pete Weale, Marshall Lerner, and Virginia Manzari.
Geevers reiterated that she supported the RFP as an example of “best business practices,” but recognized that the proposed resolution from council was only a recommendation to the administration. Samonte and Borek both pointed out that the issue is really a challenge to the Faulkner Act itself, which would require a legal opinion to resolve.
Maher noted that he had brought forward the proposed resolution under new business so that it could be discussed and council members’ changes could be incorporated before the next council meeting on Tuesday, January 21. He then asked Herbert for a legal opinion, which Herbert declined to give in open session.
The matter will likely be discussed again at the January 21 council meeting. In the interim, Herbert remains the township attorney as a “holdover” from 2013. Said Maher, “we may need to seek an independent legal opinion on the issue, but I say if the Faulkner Act is vague or flawed, then we should fix it here in West Windsor. We may be heading into a deadlock, but then it will go into the court of public opinion.”
Debate also erupted at the January 1 meeting over the mayor’s proposed appointment to the Site Plan Review Advisory Board (SPRAB) of Eric Payne, who ran for council on Mayor Hsueh’s ticket and lost. Said Maher, “it has nothing to do with him as a person, but rather his profession as a realtor. It is a potential conflict of interest for active realtor to sit on SPRAB, the Zoning Board, or the Planning Board.
Borek noted that “if it is a conflict for Eric Payne to serve on SPRAB, then it is also a conflict for the current vice chairman of SPRAB [Ted Begun], who is also a full-time working realtor and always has been. He was appointed in 1999 and had been on SPRAB ever since. Ms. Geevers, you voted to appoint him three times, and Bryan [Maher] and I each voted to approve him once.”
Said Maher, “well, just because it’s been done before doesn’t mean it’s right. I am not going to approve the mayor randomly putting forward the name of someone with whom he is politically connected. This is a pivotal time in this town, with the possible Howard Hughes development, and we need to look at the appointments for SPRAB, Zoning, and Planning very carefully.”
The issue of Payne’s appointment is likely to arise again at an upcoming council meeting. However, in an effort to avoid such issues in the future, Maher suggested that the administration provide the council with the complete list of potential appointees, along with a paragraph explaining why the mayor chose the specific individual to be appointed.
Cautioned Maher, who, as president, sets the council agenda, “in the future if I see a mayor’s appointment without an explanatory paragraph or the list of volunteer names, I will strike it from the agenda.”
Geevers added a different concern, that of “having people serving on more than one board or commissions. We have a lot of people volunteering for positions, and I am concerned when an individual has additional spots, and I am going to pull this for further discussion.”
The matter was adjourned to the January 6 meeting, but was not resolved. The issues raised by Maher and Geevers were again discussed but not put to a vote.
Borek and Samonte opposed the appointments of Gary Zohn and Hemant Marathe to the Zoning Board, appointments that are solely within the purview of council. Zohn ran unsuccessfully for council on Maher’s ticket in 2011, and Marathe lost his bid for mayor against Hsueh last fall.
Said Borek: “These are council appointees, and we all should have been able to weigh in on the decision. For the past three-and-a-half years we always gave all of the council members the courtesy of letting them know who the potential appointees were. That wasn’t done here. Kristina and I didn’t even know who was being considered until we got the packet today. That is wrong.”
Samonte also cited the lack of courtesy and opportunity to discuss the candidates, to which Maher responded, “I think your comments are hypocritical, because for the past two years no one ever called me.”
Geevers offered to go into executive session to resolve the issue, but Maher declined, and the council voted 3 to 2 to appoint Zohn and Marathe. Borek and Samonte voted against the appointments.
Not all appointments were fraught with controversy. Votes to appoint council members to boards and committees were all unanimous. Without disagreement the council also appointed Carl Van Dyck to the Zoning Board and Tom Krane to the Parking Authority. Alison Miller was named to the Affordable Housing Committee without opposition.
Procedural issues. Public comment seemed to be one issue that the council agreed on. Resident Pete Weale pointed out that there was no specific policy as to how and when council members should address those making public comment, and that often the questions went unanswered because there was no mechanism for the members to answer the questions in a timely manner.
However, Maher pointed out, and the other council members agreed, that they all voted to change the business meeting procedure, so that the second public comment period would be before Council reports and discussions, so that any questions could be addressed immediately if possible. In addition, the council members agreed to hold more public work sessions, which would allow for informal discussions of issues before being placed on the official agenda.
Although the proposed holidays for 2014 were approved unanimously, Maher commented that he thought giving municipal employees paid holidays for the day after Thanksgiving or the day before Christmas was “over the top” and would seek to change this in two years when the contracts were again up for renewal. This statement caused quite a stir at town hall the following morning, as staff members worried that the Council would seek to limit municipal holidays in the future.
In an effort to make meetings run more smoothly and efficiently, Maher asked the administration and the Council members for any items that should be discussed on January 21.
Business update. Business Administrator Marlena Schmid made several announcements on behalf of the administration.
“The engineering staff has reviewed the RFP responses for the Cranbury Road sidewalk project, and they are ready to give a presentation and submit a proposed recommendation.” At that time, the engineers will also discuss the county’s response to the request for a guardrail along the Jones’ property line. The county has begun implementing traffic-calming measures such as rumble strips and more reduced speed limit signs, but does not think a guardrail is warranted.
At the request of council, Schmid also agreed to have land use manager Sam Surtees discuss the proposed building use policy and fees for usage of the Schenk Farmstead barn, since the township has already been receiving inquiries about the space.
And, now that the Grover House has been demolished, the administration wants to move forward with the plans for the Grover property memorial project, which will also be discussed on January 21.
Schmid also announced that the questionnaire for the flood study had been drafted and would be finalized within the next week. It will be sent out along with a cover letter to affected residents shortly thereafter.
She also noted that the part-time driver for the senior bus has resigned, and the administration is having a difficult time finding a replacement. “It is a new bus, and was very expensive, so we only want qualified drivers, ones with a commercial driver’s license (CDL) license. And only two applicants even had a CDL license and neither showed up for their interview. So in the interim I have hired A-1 Limousine drivers to operate the shuttle because we made a commitment to transport the seniors, and I don’t want to see the new bus sit idle.” Schmid is going to reach out to Public Works staff and possibly school bus drivers to see if a replacement can be found.
Finally, council adjourned to closed session to discuss numerous issues, including a counter-proposal made by the union regarding the collective bargaining agreement between the township and the American Federation of State, County and Municipal Employees (AFSCME) Local 3242, which is the only municipal contract not yet ratified; issues relating to the West Windsor Historical Society; and a bid for a DPW vehicle.
December 23 recap. The tenor of the first two council meetings of 2014 stands in sharp contrast to the last meeting of 2013, held two days before Christmas. Outgoing council member Kamal Khanna was recognized by council, the mayor, staff, and members of the public, and a proclamation was issued thanking him for his service to the township.
Said Mayor Hsueh: “I view you like a brother, and that kind of relationship will never end. We always agreed to disagree — with respect. I will always appreciate your thoughts, your ideas, and your commitment.”
Said Schmid: “There are certain highlights throughout my career, and the time that I worked with you while you were council president is one of them.”
And township clerk Sharon Young added, “It has been a real pleasure working with you. You always kept a sense of humor and a sense of calm.”
Khanna thanked all of the elected officials as well as his wife: “my biggest supporter and my biggest critic. I also want to thank the business administrator and all of the township staff, and a special thanks to Sharon Young and Gay Huber for making my job such an easy one.”
“But,” he added, “most of all I want to thank the residents of West Windsor, especially the residents who come to the meetings again and again. Public comment is the lifeblood of the council, and don’t let anyone tell you otherwise.”
In addition, proclamations were issued to Chief Dennis Huber of Princeton Junction Volunteer Fire Company and Chief Richard Glover of West Windsor Volunteer Fire Company. Both chiefs retired December 31.
Council then approved several items unanimously, including an ordinance providing greater control over taxis and vehicles for hire; an ordinance authorizing the Troop 40 Boy Scouts to lease one bay of a three-car garage located at Schenck farm; and an ordinance establishing the salary and wage plan for the township.
In addition, the Council approved, by a 5 to 0 vote, the appointment of Ronald S. Rumack as advisor to the West Windsor Parking Authority, with a term expiring December 31, 2014; a contract with Bay Head Investments Inc. for the purchase of three New Type III Class 1 Ambulances at a cost of $554,394; and collective bargaining agreements with the West Windsor Professional Firefighters Association (“IAFF”) Local 3610; the Policemen’s Benevolent Association (PBA) Local 271; and the Police Superior Officers Association (SOA). All three contracts run through December 31, 2015.
“We were able to secure significant reductions in health insurance and to set a cap on tuition reimbursement,” said Maher. “There is still a lot of work to do because the contracts are still quite generous, but we have made significant inroads. We negotiated tough as a council. And thanks to our business administrator Marlena Schmid, who did a great job.”
One item — the proposed smoking ordinance — did generate discussion. Geevers reiterated her desire to see a complete ban on smoking on all municipal property and expressed some reservations about being able to enforce the provision that allows smokers to smoke on municipal property so long as they remain outside of 35-foot radius from non-smokers.
Khanna, the architect of the ordinance, noted, “It is not the ultimate solution, but it is a step in the right direction, and police chief Joe Pica has said it is enforceable. And remember, this ordinance is about protecting from the dangers of second-hand smoke, not a smoking ban.” The ordinance passed 4 to 1, with Geevers opposed.
Free Rabies Clinic. West Windsor residents can bring their dogs and cats to a free rabies clinic on Saturday, January 18, from 10 a.m. to noon at the Princeton Junction Fire Company, 245 Clarksville Road.
Dogs and cats must be restrained by either leash or carrier. For more information contact the West Windsor Health Department at 609-936-8400.
