Members say they need more information.
By: Shanay Cadette
WEST WINDSOR Township Council members Monday delayed the release of performance guarantee bonds and cash to Toll Brothers the developer currently constructing the 1,165-unit Estates at Princeton Junction housing development off Bear Brook Road saying they needed more information.
Council members also expressed concerns over releasing a percentage of the bonds and cash when no homeowners are currently living at the development to offer evidence that everything is working as it should in their homes. Members said they are particularly worried about potential sewer, sanitary and drainage problems.
The performance bonds and cash range from about $500,000 to more than $2 million for 11 projects, said Township Engineer Jim Parvesse. The requested reductions range from 20 to 93 percent of what was posted for each section of the development.
Performance guarantees ensure the township is protected and can complete unfinished projects if a developer fails to do so. As developers progress with construction, they request that percentages of the bonds and cash be released.
Councilwoman Alison Miller asked what would happen if homeowners find serious flaws after they move in and the performance guarantees have been released.
Township Attorney Michael Herbert responded that homeowners would sue the developer because the township is liable only if it neglected to adequately check the developer’s work. Mr. Parvesse added the township retains 30 percent of the bond, giving homeowners a chance to move into new developments and raise possible concerns before the bonds are completely released. That amount is retained even when a project is 99-percent complete, Mr. Parvesse said.
The township has a contentious history with Toll Brothers, as it battled for more than 10 years in court over affordable-housing requirements. The state Supreme Court ruled in Toll Brothers’ favor, ordering the township to allow the developer to move forward with the massive development.
Also Monday, the council:
Agreed to enter an agreement with Piazza & Associates for affordable-housing services. Piazza will ensure affordable housing is rented and owned by qualified people at Avalon Watch, Walden Woods, Windsor Woods West and the Hamlet. It will also provide other services.
Delayed its vote for a third time on a settlement agreement with Steiner Development over affordable-housing fees. Steiner wants to build a 749,410-square-foot development called the Palladium at the northeast corner of Route 1 and Meadow Road.
Agreed to amend the temporary budget to include appropriations for snow removal, insurance, fuel oil, grants and other needs totaling more than $700,000.
Voted 4-1 to purchase a 2004 Ford F-350 truck at a cost of $35,833 to tow hazardous materials trailers. Councilman Franc Gambatese voted against the purchase. State and federal grants will fund the chemical-biological response vehicle. The council also delayed voting to purchase a 2004 Dodge Durango to replace an aging vehicle for the Division of Emergency Services. Council members said they want to see the Police Department’s 2004 budget request before the township considers purchasing more vehicles.
Approved professional services agreements with ACT Engineers Inc. and JCA Associates Inc. through Dec. 31, 2004. They will provide engineering services on a consulting basis for inspection, certification and other needs. Council members later asked Mr. Parvesse to research prices from other engineering firms to determine if the township could find a better deal elsewhere.
Approved the reservation of 7,800 gallons a day of sewer capacity for the Nassau Park Pavilion-Phase 3 project at Nassau Park shopping center. The Planning Board has already granted preliminary and final site plan approval for the project.
Voted 4-1 to approve the introduction of an ordinance to establish several job classifications for the township’s salary and wage plan, but refused the administration’s request to include the classification for the township engineer. Mr. Gambatese voted against the ordinance. Several members claimed they need information from the mayor before spelling out the level of responsibilities for the township engineer in the document.
Heard residents raise concerns about patriotic banners promoting businesses that are affixed on several light poles in the township. Some residents said the banners are tasteless or too numerous. Officials and council members agreed to discuss guidelines for the placement of banners in the future.