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City Faces Heavy Legal Fees ••'-«;.-; ;=•- Now incorporating New PmvUtenc&Berkeley Heights Dispatch Summit 1-t .. Smmmli'B mOm NCHf|Mitef* VOLUME 99 NO. 47 July 6,1985 Price: J5' 1 : f City faces heavy legal fees By PAIGE TUNSTALL Lawrence Finnegan of the Police "At this point-up to the point SUMMIT-Travelers Insurance Department. (See related, story the countersuit was filed- Company, which covers both the this page.) • DeBanico was on his own," Ab- city and the Board of Education, Two weeks ago, after Travelers bott continued. I I has not paid either entity declined to pay the city's legal "If that thing'goes all the way .- I anything toward legal fees for fees in fighting DeBanico's suit, through court, it could be a current litigation involving Common Council appropriated a quarter of a million in municipal and school officials. second $30,000 for the fees fees," Abbott commented. The litigation involves a suit ($30,000 had already been incur- Why not covered? brought by Junior High School red in fees, using up the city's Travelers Insurance covers Principal Donald DeBanico previous appropriation). both the city and the Board of against the city, the police depart- A big legal question Education through the Maben ment, the mayor, the police chief, Clarke Abbott, president of Agency. three police officers, and the the Board of Education, said the Asked why insurance did not principal of the High School. board has neither paid nor pro- cover the legal fees, Chandler mised to pay any of DeBanico's Coddington of Maben said, In addition, litigation includes legal fees. "There are a lot of allegations in counterclaim filed by six of the "That is a big legal question the suit that aren't covered." defendents named in DeBanico's because we don't know, because DeBanico's complaint alleges complaint. The countersuit was the school board did not support violation of his constitutional filed by Mayor Robert Hartlaub; DeBanico in his original com- rights. "Civil rights aren't High School Principal Donald plaint," said Abbott, president covered" by the city's insurance, Geddis; Police Chief Frank For- of the Board of Education. said Coddinton. Nor are viola- michella; and Detective Richard "It's a really sticky wicket--I'm tions of civil rights covered WORK HAS BEGUN on the rehabilitation of Summit's railroad station by New Jersey Transit. New gray Misuriello, Juvenile Officer John still hoping that it might be settl- anywhere in New Jeresy, he add- shingles are being put on the roof to replace delopidated green shingles. By ladder is Ralph Swepson; on roof, from McCandless, and Lieutenant ed out of court," Abbott said. ed. left, are Vince Frega and Fred Rauchbach. All three are building and bridge mechanics. The roof is expected to be' "You can't even buy civil finished in a month. rights protection in New Jersey," said Coddington, "It's against Department heads strive public policy-it's against the law." NJ Transit begins rail renovation Barry Eisenburg, who, accor- ding to Coddington, is the city's SUMMIT — Rehabilitation on Once the final plans meet Sum- porary ticket office on the Broad Toward Excellence' representative at Travelers, was the railroad station has begun. mit's approval, they will be sent Street side of the station; con- out of his office and could not be Workers are now installing a to the New Jersey Department of struction of a temporary bridge SUMMIT — A management and Provitch team returning for reached for comment. Eisen- new roof on the westbound Community Affairs (DCA) for training course directed at turn- the day-long concluding seminar. and stairs, which will be used burg's secretary, Orace Wiggins, (Union Place) station building electrical, mechanical and safety after the existing track walk is ing abstract characteristics of ex- The course was made possible told The Herald that no one in and repairing the concrete retain- code compliance approval. In cellence into concrete realities has through the effort of former demolished; and fabrication of the company would comment on ing wall next to the Board Street order to expedite construction, the structural steel for a new been completed by the city's Mayor James Lovett and thethe issue. park-and-ride lot. NJT will order materials and pro- department heads. cooperation of AT&T Com- track crossover. Coddington said that, ceed with minor repairs, such as The new overpass will feature The course, "Toward Ex- munications, which loaned Sum- although he isn't a lawyer and roofing, while awaiting DCA ap- cellence," was prepared by Tom mit the tapes. "We are extremely pleased to glass enclosures where passengers can't be sure, insurance, have the project begin as schedul- proval. may wait for trains, Peters, co-author of the best sell- "The biggest benefits," said "might have been denied to get ing book, "In Search of Ex- DeRoberts, "were better com- ed," said Councilwoman Mar- "We have fronted the funds everybody's attention and say, jorie Brown. "I am especially According to Jerome C. necessary to get the project cellence: Lessons from America's munication among department 'Let's get this thing settled.' " Best-Run Companies," with the heads and the opportunities to grateful for the cooperation I've Premo, NJT executive director underway at this time while we "This could have been a received from my committee and short range projects include await monies from the Urban staff of Zenger-Miller, Inc., a work with each other while learn- background strategy, but I really X I California-based management ing the latest management techni- New Jersey Transit." rehabilitation of the exterior of Mass Transportation Ad- don't know," Coddington add- Brown is chairwoman of the both inbound and outbound ministration (UMPTA)," Prerao training and development firm. ques." ed. ' 'Toward Excellence'' is geared city's Railroad Committee. buildings; construction of a tem- said. toward the business community. I a Summit is the only municipali- ty in New Jersey to provide this subject matter to its executives. Does need for housing justify two variances? It is also the second govern- ment organization in the nation SUMMIT-More low and Members of the board express- Martin Egan, who testified for to be offered the opportunity, the moderate income housing is. ed concern about the possibility the associates as an expert in pro- first being Peter's own communi- needed in the city, according to of setting a precedent for the fessional planning, said, "I see ty of San Jose, California. testimony heard by the Board of area, and having to granl similar the area as being housing starts Public and Private Sector Adjustment Monday. requests for similar situations. for young marrieds." . Vito Gallo, executive director To provide more low and "Where do we draw the line?" The area is already filled with of the Housing Authority, ex- ifloderate income housing, asked board member Richard buildings that don't conform to plained, "We were challenged to testimony suggested, the board Callaghan. the DRO requirements in ques- think of the city as being in com- should grant two variances to Robert Heffernan, called by tion, according to testimony petition with other allow renovation of existing units Sheehan as an expert real estate from expert witnesses. municipalities, and in a way we and construction of two more appraiser, testified that housing costs in the city have escalated as George Hutchinson, board are. People make the decision to units at 47 Park Avenue. chairman, asked, "When a move here based upon the quality . Daryl Pregibon testified on much as 20 percent in less than a year. municipality sets out to write of the community. If they find behalf of Sigma Four Associates, zoning laws, do they set out to another community which offers the company asking, for the In the face of sharply escalating housing costs, Heffer- reflect what's exists already or to more, they may elect to move variances. Pregibon is one of the say, 'Wait a minute, where do we there." company's owners. nan said, (he proposed units would help to balance the hous- want to go?'." Management principles -Two lots are involved in the re- ing market. Two lots or not? Peters and co-author Robert quest: Lot 16 and Lot 21. On 16, According to Sheehan, the two H. Waterman, in "In Search of a four unit dwelling, the com- Heffernan also testified that the proposed units would in- lots are joined by "statutory Excellence," investigated some pany would like to renovate ex- merger" because both are under of America's most successful and isting apartments. On 21, the crease real estate value in the area. 5,000 square and are under the innovative companies to see what company would like to build a same owner. their strategies were. two-family dwelling. Board member Richard Poole asked Heffernan how increasing Pregibon testified that the two From their research evolved The associates' request seeks lots are divided by two physical eight attributes that seemed to ac- property values would help to two variances from the Develop- provide a greater supply of low barriers: a fence and a count for corporate success. ment Regulation Ordinance. One dilapidated garage. Flic garage, Peters and Waterman referred variance is sought from the cost housing. Heffernan replied that proper- according to Pregibon, has been to them as: "a bias for action; DRO's stipulation of minimum up for over 40 years. close to the customer; autonomy lot area; another, from the ty values go up more rapidly when supply is short. The garage, Pregibon said, is and entrepreneurship; produc- DRO's standard of maximum situated between the lots-one tivity through people; hands-on, floor area.
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