New rules give police control at work sites

Concerns about oversight dismissed

By:Melissa Edmond
   The Borough Council adopted an ordinance setting rules for controlling traffic near construction areas, despite concerns the measure gives police too much leeway in determining who gets to control traffic at the sites.
   The ordinance regulating plans, location and times for construction work passed by a 5-1 vote at the Dec. 12 meeting, with Councilwoman Senga Allan voting against the measure.
   The ordinance directs work to be done between 9 a.m. and 4 p.m. unless the Police Department allows a different time. It also requires a pre-construction meeting where contractors submit plans for police approval.
   But a provision giving certified traffic directors control on construction sites only if the police determine that the conditions are safe enough caused some concern.
   "The way the ordinance is written leaves it up to the police if they want to force us to use them," said Dean Shepard, a contractor and Manville landowner. "I think this needs a little more examination. I don’t think it’s fair."
   Mr. Shepard pointed out that construction workers have to pay police officers time and a half plus 10 percent, which could be more than $82 an hour for a lieutenant in Manville. If construction workers were allowed to use traffic directors from outside agencies, they could pay them a flat rate of $55 an hour, he said.
   "The Police Department determines if they have to have a sworn police officer on site," said Borough Attorney Douglas Reina, who pointed out that police officers couldn’t be paid a flat rate because that would violate the Fair Labor Standards Act.
   "I don’t see what the rush is," said Mr. Shepard. "Once you approve it we’re at the mercy of what the police decide is needed."
   Ms. Allan, the only council member who voted against the ordinance on Dec. 12, agreed with Mr. Shepard.
   "If you designate that you need police at the site, aren’t you locking someone in here?" asked Ms. Allan. "Why should this penalize the construction people? It’s not fair to people who want to come into Manville and make it a better place."
   Councilman Kenneth Otrimski said he thought police would allow outside agencies to control traffic for small projects.
   "In a roundabout way, Dean is saying if a police officer needs overtime, they will say they need a police for safety reasons because police stick together," said Mr. Otrimski.
   Mr. Otrimski disputed the charge, pointing out that the borough could be liable if someone was injured in traffic at a construction site that has not been reviewed by police.
   "It has to go through the Police Department," said Mr. Otrimski. "The state doesn’t want to play games with this. There are too many construction workers getting hurt or killed. I think it’s worth the extra money for the added safety."
   The penalty for violating the ordinance includes a $1,250 fine, up to 90 days in jail, and/or up to 90 days of community service.