Council nixes reduction in builder's bond

BY TALI ISRAELI
Staff Writer

MARLBORO - The Township Council has passed a resolution denying the reduction of a performance bond for a residential development.

According to the resolution which was passed on Nov. 13, the township received requests from Toll Brothers for a second reduction in previously posted performance bonds and cash guarantees. Those bonds are held by the township for three sections of the Castle Point at Marlboro housing development on Vanderburg Road.

Performance bonds are posted by a developer as a guarantee that work on a specific project will be completed satisfactorily. If the work is not completed to the satisfaction of the municipality, officials may be able to use the bond money to complete the unfinished work.

The township engineering department issued a report on Oct. 18 recommending the denial of the request for a reduction of the bonds.

According to the engineer's report, Toll Brothers failed to substantially complete portions of the improvements for the Castle Point at Marlboro project. Complaints from residents regarding problems with stagnant or standing water and water runoff have also not been addressed by the developer, according to the report.

The engineering department conducted bond reduction inspections of each property between Aug. 2 and Aug. 17.

The reports stated numerous outstanding issues with each section of the development including the paving of roads; the drainage system; soil erosion, ground cover and lawn drainage; and landscaping and shade trees.

In other business at the meeting, the council passed a resolution authorizing a litigation settlement between the township and Elise, Jeannine and Thomas P. Wynne.

The Wynnes filed a lawsuit alleging that current officials breached a contract the family had with the municipality dating back to the 1980s and dealing with the maintenance of a retaining wall and sidewalk in front of their home on Wyncrest Road. The Wynnes also claimed that damage was done to their property.

Township Attorney Andrew Bayer said there was no written contract on file with the town documenting the agreement.

According to the resolution, the settlement between the Wynnes and the township states that Marlboro will maintain and assume all responsibilities to repair, construct, finance, install or service the retaining wall and sidewalk in front of the Wynnes' property.

The agreement only lasts for the life of Elise Wynne or until she is no longer using the property as her primary residence.

The agreement also states that Marlboro will install handrails on both sides of the stairs at the front of the property and will replace certain landscaping on the property that was allegedly damaged in May 2004.

In other business, the council passed a resolution approving a $150,000 grant from the New Jersey Department of Transportation for improvements at the intersection of Robertsville and Gordons Corner roads.

The grant is part of the 2005 Municipal Aid Program which is funded by $67.8 million from the Transportation Trust Fund.

The DOT was able to fund 408 municipal aid projects out of 830 applications submitted for the grant.

The $150,000 is earmarked for safety improvements to the intersection of Robertsville and Gordons Corner roads