Boro code office embroiled in controversy Many point fingers as state looks at permit for high school work BY MICHAEL ACKER Staff Writer SAYREVILLE - Construction at Sayreville War Memorial High School is being investigated by the state in response to concerns that the work had not received borough approval before getting under way last year. The issue is just one part of a growing controversy surrounding the borough's construction department and how it is being operated. While one department employee is fighting disciplinary charges from the borough, another has resigned, saying that a Board of Education architect has misrepresented the facts in the matter of the high school construction permit. Matthew L. Imparato, a construction department employee since 2004, said his Feb. 8 resignation was the result of allegations made against the department in its handling of the $47 million high school project. Imparato said the school board went out to bid on the high school project, including demolition and construction, before having the plans reviewed by the borough construction office, as is required. The school board should have received a full planning review of the project before it went out to bid, he said. The construction department issued a conditional partial release allowing the architect to start demolition and site work. Furthermore, he said, the department was not paid for its work related to the project. "It became illegal when it went out for bid without a full planning review release," Imparato said. He said his office has been criticized for delaying the permit process. "It is a misrepresentation by the architect," Imparato said. " ... He is the one who [had the board] put it up to bid without a planning review." Imparato said his resignation is also in response to disciplinary charges that the borough filed against Code Enforcement Director and construction official Michael Gianotto last month. Gianotto stood before the Borough Council on Monday asking that it meet with him in executive session before the matter goes to court. The council told him it will seek the advice of legal counsel before making a decision on the request. Gianotto's attorney, David Brook, has filed for legal action against the borough over the release of documents he sought for his client's defense against the borough. He said the borough will provide him with the documents. "The judge in Superior Court told the borough to provide this additional information," Brook said. The court instructed the borough to hold Gianotto's disciplinary hearing 10 days from the point that Brook reviews the documents. Mayor Kennedy O'Brien last week called for the state Department of Community Affairs to investigate the borough's construction department. O'Brien said many residents have come to council meetings to complain about the code enforcement department. He said the residents have complained about a complicated and delayed approval process that bears a resemblance to the high school project. O'Brien said it is his understanding that the code department approved the high school plans and later decided that further measures were needed for the permits. Brook criticized the mayor's call for an investigation. "It sounded like the borough has no management capability or authority over its own people," Brook said of O'Brien's request. "And it seemed like a very odd way to characterize an issue. It is almost like the parent calling DYFS and asking if they'll have their child taken away from them, because the parents can't control the child." O'Brien's letter seemed to be focused on a partisan issue between the Republican mayor and Democrats on the council, Brook said. Republicans have publicly supported residents who have voiced concerns about code enforcement officials and the alleged excessive issuance of citations, while members of the all-Democrat council say they are having codes strictly enforced to preserve the quality of life for residents. "I think that the borough asking for the DCA to come in is an embarrassment to the town," Brook said. "It indicates a failure on their part to manage their own department." Gianotto is concerned that the building department is not being allowed to do what it is supposed to do, Brook said, adding that political intrusion is getting in the way. Brook alleged that the construction department was being pressured by borough officials to issue permits illegally. "When we filed the complaint in Superior Court," Brook said, "it brought this information [about the high school renovation] to light." Brook alleged that the Board of Education and the architect for the high school renovation went ahead with the project without the proper permits. "There has never been a building permit issued," Brook said. RSC Architects principal John J. Schnitzer, the board's architect, did not return a phone call seeking comment for this story. "The law says that no contract by any board of education of any district can go out to bid until final plans and specifications are submitted and approved," Brook said. "…. The bottom line is that the architect knows that he never had a building permit." Board of Education President Michael Macagnone told the Suburban that the board is still looking into the situation, which he said will be discussed at the board's meeting on Feb. 20. "It was a miscommunication," Macagnone said of the high school project. "We had in our possession a letter of conditional go-ahead. We went ahead and they went to us and said we still have a problem." "Our goal is to keep the programs on schedule and within budget," Macagnone said. "We have to keep working with construction [department officials.]" Macagnone said the review of permits for construction falls to the general contractor. "The general contractor needs to make sure that permits are in place or we can't work," Macagnone said. He said he hopes that the project is not jeopardized by the recent events. "The worst thing that can happen is that the project is delayed or goes over budget," Macagnone said. "Anything else is good news." Macagnone noted that Schnitzer and RSC Architects completed the projects at both the Samsel Upper Elementary School and the Emma L. Arleth School.