Officials vow to address Covered Bridge claims

Staff Writer

By dave benjamin

Officials vow to address
Covered Bridge claims

MANALAPAN — The question of who will be paying for the upkeep of roads in the Covered Bridge II adult community has yet to be answered.

During a Dec. 20 meeting of the Township Committee, Mayor Stuart Moskovitz told a large contingent from Covered Bridge, "Our response up here obviously is going to be to those things which are not directly or indirectly involved in litigation.

"We had a special executive session last week (Dec. 12), during which time we went through a lot of the parameters," the mayor said. "We had a complete analysis of the Municipal Services Act and how it impacted the different condo associations, and we analyzed what we can and need to do in order to bring this matter to a long deserved conclusion. We’re going to have more meetings."

The Municipal Services Act lays out the services and/or compensation a town must provide to certain condominium associations.

Moskovitz said another executive session has been scheduled tentatively for Jan. 3.

"We hope to move as quickly as possible at this point, now that we are moving to reach the conclusion for Covered Bridge I and Covered Bridge II, and all the other condo agreements as well," the mayor said. "We’re hopeful that we’re now on a fast track. We’re hopeful that each association will get its due. There’ll be some give and take. There’ll be some analysis and hopefully we’ll get there quickly."

Representatives of the Covered Bridge community came before the committee and Ed Schwartz, spokesman for Covered Bridge II, presented officials with documentation that he said supports the community’s claim for the provision of road maintenance.

"In 1984 a Manalapan ordinance for road maintenance for Covered Bridge I and Covered Bridge II (was passed)," Schwartz said.

He presented the committee with a copy of a legal notice that was published in a local newspaper which said, "It (the committee) hereby authorizes the acceptance of the maintenance responsibility and the cost of street lighting excluding snow removal service for the courts, cul-de-sacs and parking areas of Covered Bridge I and II, except the clubhouse area and parking lots, as provided for public streets for the township."

The ordinance was introduced on May 23, 1984, and later adopted. It was later rescinded in 1994.

Schwartz told the committee that on July 24, 1991, then-Township Attorney Robert F. Munoz sent a memo to the mayor and committee stating his opinion as to the validity of Manalapan’s road maintenance responsibilities. Schwartz said it was the attorney’s opinion that the 1984 ordinance was legal and binding on the township.

"Despite repeated chronological requests for service during the life of the ordinance and since, we now find ourselves in road disrepair to the sum of $133,500," Schwartz said.

"On Oct. 8, 1996, approximately two years after the ordinance had been rescinded, Len Miller, the township engineer, faxed a request for a quotation for road repairs to Eosso Brothers for Covered Bridge II condos No. 1 through No. 7," Schwartz said. "Is there any doubt … that road maintenance responsibility for Covered Bridge II existed between 1984 and 1994? I think the answer to that is no. The committee has the authority to adopt a new ordinance … and correct the previous stonewalling and inaction."

Schwartz said the officers of the Covered Bridge II condominium association never budgeted for road maintenance between 1984 and 1994.

"There was no need to do so, because we trusted our Township Committee to do the right thing and follow the ordinance," he said.

According to Schwartz, Township Attorney Norman Kauff said on Aug. 9, "I made myself very clear at the last meeting, July 26, that my opinion is that Covered Bridge Boulevard is dedicated and a Manalapan responsibility."

Schwartz told the committee, "Al Feder (of Covered Bridge II) was asked to submit a bill" for the maintenance of an island along that boulevard.

He said a bill for $4,680 was submitted on July 31 to James Devereaux, the town’s business administrator.

"Two weeks ago when we spoke to you, I walked out of here enthused and optimistic," said Covered Bridge II representative Lee Larson. "I had the feeling you were listening and that something was going to be done. It was further reinforced when the deputy mayor said, ‘We’re going to meet, and we’re going to stay all night, and we’re going to pound this thing out, and we’re going to get some satisfaction for you.’ "

Larson said it appears as if the town has taken away what Covered Bridge had at one time, and then plans to give it back, regarding the maintenance. Larson also wanted to know why a special attorney was hired by Manalapan to handle the issues relating to the condominium associations.

"Our request for road work does not fall under the Municipal Services Act, but rather the neglect by the township of fulfilling the ordinance of 1984," Larson said.

Responding to comments made by the representatives of Covered Bridge II, Committeeman Bill Scherer said, "You stated many times that we were reluctant to represent you. We have a fiduciary responsibility to treat everybody equally. The delay is unfortunate because it takes time for government to work. What we do for you, we have to do for every condominium association. We have to do what’s right, and we have to get you what you are entitled to."

Larson responded by saying the previous ordinance only covered two condominium associations, Covered Bridge I and Covered Bridge II, because there were no other condos in Manalapan at the time.

"We have to do it in the right way," Scherer said. "We are scheduling special meetings, and we are moving on this. It’s high priority, but it may take a little while. After the meeting on Jan. 3, we’d like you to … have another meeting with us to come to an agreement. We want to speed this along and not drag it out. We want to do this in two meetings, and we’re looking to the end of January or the beginning of February to get this all done, signed, sealed and delivered and money that you’re due, if you’re due, to have in your hands."

Added Moskovitz: "What needs to be done is (to have) an effective solution that resolves all of the outstanding issues you have. We intend to do it, and we intend to do it quickly."