to decide whether
to release funds
Builder threatens suit
over performance bond
Marlboro council
to decide whether
to release funds
BY LARRY RAMER
Staff Writer
Local builder Dan Werbler has threatened to sue Marlboro. On Feb. 26, Township Councilman Barry Denkensohn invited Werbler to come before the Township Council to discuss allegations that two developments he built have triggered drainage problems in the vicinity of Tennent Road.
Council members are considering whether to release a performance bond Werbler posted for the Marlboro Summit development. There have been reports of drainage problems in Marlboro Summit, as well as flooding on nearby Brown Road that may have been partially caused by the development.
Township officials have said that another Werbler development, Eagle’s Nest, on Tennent Road, has contributed to flooding problems experienced by Donna Pardee, who lives on Tennent Road.
Werbler responded to Denkensohn’s invitation to appear before the council by threatening to take the township to court.
Speaking at the council’s March 11 meeting, Township Attorney Andrew Bayer said attorney Henry Hill wrote a letter on behalf of Werbler informing the governing body that Werbler will sue Marlboro if the council does not release his performance bond for Marlboro Summit.
A performance bond is money posted by a developer with a municipality while he completes a project. When the project has been completed to the municipality’s satisfaction, the money is returned. In some cases, the town’s officials can use the money to complete the outstanding issues if the developer refuses to address them.
An engineer hired by a resident of Marlboro Summit concluded that the performance bond should not be released due to grading and draining issues in the development.
Township Engineer Bill Schultz disagreed with that assessment and said Werbler’s bond should be released since the builder has met the conditions of the approval he received from the Planning Board for the development.
Schoor DePalma, Manalapan, which is acting as an engineering consultant for the township, is recommending that the town release Werbler’s performance bond. The council is scheduled to vote on the matter at its March 25 meeting.
Councilman Grover Burrows reported that the backyards of the homes in Marlboro Summit seem wet and almost useless at this point.
"I took the opportunity and walked Marlboro Summit," Burrows said. "It certainly looks wet. If you stand [in the backyards] too long, [even] a day or two after any precipitation, you would sink, so the backyard is rendered almost unusable."
"That scenario you mentioned is probably the most common scenario in Marlboro’s houses," Schultz responded. "It is an extremely common condition in Marlboro. It is very common in most of the developments in Marlboro because of the underlying clay soil."
Councilman Joe Pernice, who said he also visited the site, suggested that the elevation in the development may be contributing to the drainage problems.
"If you look at the elevation of (some of) these properties [you’ll see] backyards are facing up against a 7-foot retaining wall with water coming over it," Pernice said. "You can blame it on the soil, but what about the water runoff? Something needs to be done."
Pernice asked Schultz whether more catch basins and grading changes are needed in Marlboro Summit.
"If you add more catch basins in there, certainly it will help the individual yards," Schultz said.
Pernice said he was "leaning against" voting to release Werbler’s bond.
"I’m not comfortable releasing the [Marlboro Summit performance] bond unless the builder does something to improve the situation," Pernice said.
Meanwhile, a resident of Marlboro Summit, David Jarashow, is suggesting that Schultz may have a conflict of interest in determining whether Werbler’s bond should be released.
According to an April 2003 financial disclosure form signed by Schultz and provided to the News Transcript by Jarashow, Schultz has received income from Crest Engineering, Hightstown, the company that designed Marlboro Summit.
Schultz indicated that he received more than $2,000 from the company. The township engineer also wrote that as of April 2003 he owned shares of two buildings that are occupied by Crest Engineering.
"Mr. Schultz seems to be very vested in Crest Engineering. [This situation] raises red flags regarding the construction of homes in Marlboro and potential conflicts of interest by Mr. Schultz," Jarashow said.
Schultz did not return a telephone message left by the News Transcript seeking comment on the matter.
Mayor Robert Kleinberg said his administration will look into the issue of Schultz’s relationship with Crest Engineering.