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Oppose Defense of CO

By Vince Conti

AVALON – For weeks, Avalon Borough Council has heard from property owners who only recently discovered that their modular homes were never covered by a state-approved warranty. The controversy centers on two modular home developers who, prior to 2013, built a series of homes in the borough without providing a warranty that met mandatory state requirements.
The borough’s Construction Official, John Tracy, has been sanctioned by the state. Borough council recently adopted a resolution to hire, at borough expense, a special counsel to appeal the sanctions. Part of the justification is an indemnity clause in the municipal code which some borough officials interpret as requiring the municipality to defend Tracy.
At the Sept. 12 council meeting, three individuals challenged that interpretation. Phil Cooper asked council to read the indemnity language. “Tracy issued certificates of occupancy without the proper documentation,” Cooper said, adding, “He is not entitled to indemnity.”

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Cape May Beach – You will NEVER convince me in a ga-zillion years that our pres elect can find the time to put out half one texts accredited to him!

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