Barnegat Settles with County Over Menk Homes
Ocean County to pay $250,000 for cost of inspections of hundreds of Four Seasons at Mirage homes
Barnegat Township has settled a long-running lawsuit with the county over home inspections in the Four Seasons at Mirage development, though officials say ongoing litigation with the developer responsible for the flawed construction may continue for some time.
The township will receive a $250,000 cash settlement and “other considerations” from Ocean County, ending a 2010 lawsuit over who was responsible for Uniform Construction Code inspections of Mirage homes that had a number of structural issues. Barnegat also filed suit with developer Menk Corporation, which built the homes with what the township said were UCC violations.
By 2006, many Mirage residents in Menk-built homes were complaining of leaky crawl spaces and other problems. Then and current mayor Al Cirulli and Committeeman Jeff Melchiondo promised the issues would be fixed, said township administrator David Breeden.
Ultimately, 467 homes had UCC violations, which were remedied, said Breeden. But the issue of who would pay for the fixes still wasn’t resolved by 2010.
“The initial goal of the effort was to abate the UCC violations,” Breeden said. “Having safe homes along with a deserving quality of life for the Menk homeowners was the priority, and once that was accomplished, then the township could turn its attention to seeking reimbursement from responsible parties.”
Barnegat maintained that it was the county that was responsible for conducting the UCC inspections, and should have picked up the tab. The settlement resolves that issue, Breeden said.
But reaching a settlement with Menk could be a long road, officials said.
“Menk looks like it will go all the way through with litigation,” said Cirulli. “Luckily the county did the right thing."
“Even though Menk has made the needed repairs required to abate the UCC violations, the Township is of the position that Menk has an obligation to reimburse Barnegat taxpayers for cost associated with forcing Menk to render necessary repairs,” said Breeden. "Barnegat is pleased that we were able to reach a resolution with the county. The Township strongly believes this agreement will re energize our relationship with the county which will be beneficial for Barnegat residents. We appreciate the willingness of the county to work with the Township and resolve this matter."
Howard Effron
3:33 pm on Tuesday, March 6, 2012
They threw alot of figures around last night about this lawsuit. From what I remember, the mayor said a year ago that we had spent almost 1.25 million on the lawsuit in professional fees. This was primarily the counties fault for their inspectors passing this sub-par work. So they give us $250,000 and other considerations that can't be disclosed at this time (?). The repairs were done at Menk's expense. So it seems like the county settled for less than half of what we spent and we have to go after Menk for the rest. I guess something is better than nothing.
Oh, and by the way, what we heard about the Lower Shore Road Ballfield turf fiasco, (backed up with proof from Ralph Adorno and Jake Taylor), I would propose we make that crap disappear. Accept the fact that we got screwed and start from scratch, how bout grass?
Hopefully the video from the meeting last night graciously shot by Morris Flory will be up on the Township website (along with the previous meetings video that never made it), so the town can see and hear the turf story.
A good point about last nights meeting was a positive report from Marty Lisella and David Breeden about their meeting with the commissioner in Trenton about our assessment problem. They seem to be making headway, with another meeting in three weeks, we will hear more results.
Bob Wise
7:15 pm on Tuesday, March 6, 2012
Mr. Effron, you are free to speak, so please tell everyone in Barnegat why you fear my words so much that you have them removed from the Patch. You are not the editor, but you think you have the right to remove what YOU DON"T AGREE WITH. It is that kind of weak, fearful, intolerance that "We the People" reject. How dare you try to silence others while you promote yourself for political office. Brave people have fought and died for YOU to have the freedom of speech, while you hit the "Flag as inappropriate" button to deny others of that right. That sir is wrong!
Larry Cataldo
4:43 pm on Friday, March 9, 2012
mr effron,we have many many talented people vollentering to help the township committee! ie; frank pessi for one helped with the budget for years once he spoke up about things they didn't want known he was dismissed, he was a member of the planning board/ zoneing board too, not being a rubber stamp,,, this year HE WAS GONE, if your not going to be a rubber stamp for the county and the committee, your gone,,, there are to many secrets,,,,"it's as simple as that"!
Larry Cataldo
4:52 pm on Friday, March 9, 2012
oh by the way, mr effron was a shill for the local gop to draw votes from morano & howard!!!! bodda bing!
Bob Wise
7:48 pm on Friday, March 9, 2012
Mr. Cataldo, THANK YOU! You get it. If Barnegat had more people like you we would not be in the mess that we are in. Keep giving your opinion, Barnegat needs it!
Ray
8:31 am on Wednesday, March 7, 2012
Ok, we sued for 1.2 million that the town said they spent on the menk inspections. We sttled for 250K , less then 1/4 and "little Napoleon" is happy with that. How about the homeowners in the Mirage suing Menk? That's what should have happened.
Larry Cataldo
5:52 pm on Thursday, March 8, 2012
I AGREE TOTALLY,,,,THANK YOU
Michael G.
11:17 am on Wednesday, March 7, 2012
Menk and Hovanian should have paid for it all, when homeowners sell a house they have to sign a full disclosure statement. Why not Menk. Hovanian bought the development and should have inherited all liabilities also. Ocean County did the inspections at the time, not Barnegat, we shouldn't be held responsible. There should have been a class action lawsuit by the homeowners involved, Barnegat shouldn't have invested 1.2 million on follow up inspections.
Bob Wise
11:52 am on Thursday, March 8, 2012
I also don't think that "the site" should be used as a platform for political candidates to push their own personal agenda while the taxpayers have their posts deleted. Freedom of speech should be more important than personal agendas. If a post is a violation of your TOS, then it should be removed by the Editor. The people removing posts should be "banned", not the people who follow the rules and want to voice an opinion. Sorry, I did not ignore any emails. I do not use email and rarely check it. I only wanted to voice an opinion on the Barnegat Patch. Your apology should be to those of us that feel strongly about fairness and the freedom of speech.
Bob Wise
11:54 am on Thursday, March 8, 2012
go to http://www.facebook.com/pages/Barnegat-Politics/248487831839709 to read the comment removed above from the Patch. The Editor should step in and restore the posts that "someone" wants to hide from the people of Barnegat. The censorship here on the Patch is un-American. If this is allowed to continue, I will consider boycotting any advertisers on the Patch that support this behavior with their ad dollars.
Larry Cataldo
5:43 pm on Thursday, March 8, 2012
DITTO!!!!
Xavier
1:03 pm on Thursday, March 8, 2012
Apparently, the designers of the site allow users to click the "Flag as inappropriate" link and the posts are removed without being reviewed by the Patch staff. Not the smartest idea.
truth
5:02 pm on Thursday, March 8, 2012
truth
i guess we all forgot the print out that shocked the public when the costs were presented. when in fact the town did not have to intervene per the state. the reason was to fold 1. it was
a payday for hess-birdsall and dasti. 2 this lent credence to all the inspectors we hired remember?
Larry Cataldo
5:41 pm on Thursday, March 8, 2012
are you serious??? it cost 1.5 million, another disgrace to the taxpayers of BARNEGAT, this lawsuit should have been handeled by the home owners, another GIFT to WEST BARNEGAT, AND THE MIRIAGE, IF your a homeowner in this town my advice, MOVE TO ANOTHER TOWN, ITS OWNED BY SENIORS!
Eric Thomas
7:23 am on Friday, March 9, 2012
Mr. Cirulli expressing joy over a settlement that recovers barely 23% of what Barnegat spent speaks volumes. Mr. Cirulli simply lacks what it takes to be mayor.
Until and unless people wake up and take a moment to see what is in front of their noses, Barnegat will never, ever see improvement. Every project this town undertakes seems shrouded in controversy. Presenting plaques to a group of cheerleaders (all good kids) does not hide the countless failures of the five department store dummies that masquerade as town leaders.
Notice how Mr. Effron mentions that not all of the videos of committee meetings are on the township website. Gee, I wonder why?
No one can save Barnegat from apathy. If the people who have a financial and quality of life stake in Barnegat choose to keep reelecting incompetent dolts to public office then I guess they enjoy being a laughing stock. Hey, they get reelected time-and-again so someone must think what they are doing is just peachy.
MORRIS FLORY
9:18 am on Friday, March 9, 2012
Eric, The reason for the delay of the Videos is technical. I have been trying to get them up within a reasonable timeframe 24-48 hours. But between computer crashes and now having to split the videos due to size has taken a little more time than foreseen. Also what we have learned is the Barnegat Township web site seems to slowdown with the loading of more videos probably due to size. I think 21 Feb is up now and hopefully next week 5 March will be also.
Larry Cataldo
10:08 am on Friday, March 9, 2012
tell it like it is!!!!! the people deserve what they get,,,,
Larry Cataldo
11:10 am on Friday, March 9, 2012
voter apathy allows all this;;;;;
Larry Cataldo
11:11 am on Friday, March 9, 2012
and the answer is ?,,,,,voter apathy:::
Mike Howard
9:30 am on Friday, March 9, 2012
The mayor acted like we had just struck gold when we won 23% of our own money back, plus some other "STUFF" that he could not talk about. You can't talk about our money? Maybe some of that STUF" is the waste of our money by installing either a water fountain or bird bath in the Park at Bay Ave.and Rt.9. Or maybe some of that"STUFF" is the use of Barnegat Township equipment to sweep the County road infront of the ex Mayors business and the Italian eatery in that same area. Maybe the extra "STFF" from the County will be the replacement of the two tree that were removed from infront of that same eatery over a year ago. Guess the trees block some signs.
Larry Cataldo
10:13 am on Friday, March 9, 2012
this committee loves getting away with stuff, because nothing changes!!
MORRIS FLORY
1:48 pm on Friday, March 9, 2012
For the person that comments, “To cry that you can't do something simple because of something "technical" is a weak excuse” , should learn to speak the truth regarding the video tapings and posting. You have no knowledge of the inner workings on how this is completed and thus without knowledge you speak.
MORRIS FLORY
2:06 pm on Friday, March 9, 2012
Again to the person that says it is "quite easy". You have no knowledge of the technical problems and challenges raised and thus without knowing any of the facts you have no ability to speak on such a subject.
MORRIS FLORY
3:53 pm on Friday, March 9, 2012
So Bob Wise is your name or is it a psuedo name?
Bob Wise
4:15 pm on Friday, March 9, 2012
You can call me Bob or Mr. Wise.
MORRIS FLORY
3:59 pm on Friday, March 9, 2012
Yes there are many professional people in Barnegat. Yes it is normally very easy to post. With the equipment and software available the challenges have been to overcome those which has taken time. If there are professionals here that would like to volunteer their time, equipment, software and expertise they are most welcome.
Bob Wise
4:21 pm on Friday, March 9, 2012
Thank you for proving my point. It is simple. The funny thing is that when Mr. Effron was asked what he has done for the people of Barnegat for the past 20 years he said "NOTHING". All he did was attack our towns leaders and the website saying he could do better (only if he is elected, I guess). The question for you Mr. Flory is why didn't Mr. Effron do anything?
MORRIS FLORY
4:34 pm on Friday, March 9, 2012
Do anything about what?
MORRIS FLORY
4:36 pm on Friday, March 9, 2012
Iam glad to use what you prefer however I would like to know who you are, are you Bob Wise?
Bob Wise
4:45 pm on Friday, March 9, 2012
Yes I am.
Larry Cataldo
10:17 am on Saturday, March 10, 2012
well nice backand forth banter, ,but now this is history, all gone , voters don't care,,,ok its your money ,,,fools.
Eric Thomas
10:39 am on Saturday, March 10, 2012
Mr. Cataldo is correct. Voters do not care. Or perhaps, Mr. Cataldo, you and I are wrong. Perhaps the current state of Barnegat is all wine and roses.
Somehow, I don't think so. The scores of abandoned homes, homes that cannot be sold even at rock bottom prices are a significant indicator that our town is not the #1 place in Ocean County - no matter what paid-for magazine awards proclaim.
The five department store dummies on the committee adore photo ops with cheerleaders, hero cops, etc. But that does not overshadow their abysmal failure to oversee the management of Barnegat with effectiveness.
I used to believe strongly in Mr. Morano. However, other than his knee-jerk "NO" votes on many resolutions, what alternatives has he offered? It is easy to sit and criticize when you always have the fallback of "I'm the lone democrat so they won't listen to me." Identify one plan, one strategy Mr. Morano has presented to the public. He is the same as the other four. Smile for the camera - nuts to the problems.
In her recent editorial, Ms. Clemente suggested that a taxpayer organization be formed. Not a bad idea. It would take a shelving of egos and an education as to the meaning of "compromise." I hope she pursues it.
Censoring Mr. Wise or anybody else is cowardly. Whomever is doing it needs to grow up. The burden of democracy is to give another person equal opportunity to be heard even if you detest what they say.
Bob Wise
11:14 am on Saturday, March 10, 2012
You and I both know who the censor is Mr. Thomas, and thats the problem. The truth is not spoken in Barnegat. How many good men stand up and speak it? When they do they are attacked as everyone else sits back and watches in silence. Yes, the editor threatened to ban me for being the victim that dared to ask a politician a question. So, everyone can go and wish her luck as she leaves town, while we and our children will stay and pay the price of the what the distortions, propaganda, lies, and censorship on the Patch have cost Barnegat. The ones in power stay in power, the way the shills want it. At least some of us had the courage to say something before our words were deleted.
Larry Cataldo
5:21 pm on Saturday, March 10, 2012
ms clementi is wasting our time she has been looking for nothing but scandel for years, her commatary is all over the place, she thinks she knows everything about everything, as long as she gets press, even defending the former governor in toms river,finding outrage when was booed, and agreeing that tolls and gas and taxes need to be higher. as for no-no morano, he don't know what the township is doing till they have already agreed to do it, he's one vote, no matter what he proposes, noone listens,,, he's out voted, mike howard lost by 7 votes, thx to effron, there would have been a change this year but the people have spoken, one lady from west barnegat asked a man who to vote for?, she had no clue, remember this; "those who work for a living, are out voted by those who vote for a living" i frought a war , i buried and took care of sick parents the same as west barnegat, they earned a doller when it was worth a dollar, killed soc sec and only want to be a member of the community when they want something from it!!!!