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TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
August 17, 2004
The regular meeting of the Township Committee was held this date at the Municipal/Police Building located on Little Philadelphia Road. The meeting was called to order at 7:30 p.m. by Mayor John Horensky.
SUNSHINE LAW COMPLIANCE - The Mayor noted that this meeting was being held in compliance with the Open Public Meetings Law of 1975 in as much as a notice had been published in the Star Gazette, transmitted to the Express Times and posted at the municipal building.
ROLL CALL: Kovacs, present; Mueller, present; Strunk, present; Horensky, present. Mary Ann O’Neil, Township Clerk was also present. Township Attorney Edward Glynn and David Dempski were absent.
SALUTE TO FLAG
The Mayor welcomed Andrew Kries and Patrick Ruddiman, Boy Scouts, into the meeting who were observing the proceedings and working on a Citizens Badge.
APPROVAL OF MINUTES
Strunk made a motion to approve the Executive Minutes of July 20, 2004, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, abstain; Horensky, yes.
Strunk made a motion to approve the Regular Minutes of July 20, 2004, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, abstain; Horensky, yes.
BID OPENING
Glynn said only one bid had been received for the new compost restroom, which was from Coopersmith Brothers. Glynn opened the bid in the amount of $92,600. Glynn went through the bid packet and all the required information was in the packet. After discussion, Kovacs made a motion to reject the bid from Coopersmith, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Horensky, yes.
Kovacs made a motion to authorize the Recreation Commission to go ahead with the bidding process on the unit, getting quotes on electrical work, which will be below the bid threshold, and the Township Attorney should be called regarding the legality of the process, there was no second. de Boer, Public Works Manager, recommended that the Recreation Committee be authorized to go out for bid on the unit itself as one item immediately. The bidding should be reviewed, approved and awarded. Then approve a dollar amount not to exceed for the rest of the work, which will be done in house. Kovacs was concerned about the bidding law and how it is handled with an overall contract. The Mayor said action will be taken, pending review of the concept of legal counsel. The Mayor told the Clerk that he would contact the Township Attorney and tell him to expect the details of this concept from her. The Clerk said she would work with de Boer and have Glynn talk with him and Finelli Engineering. Strunk made a motion that the restroom unit for Meadow Breeze Park be put out to bid and other parts of necessary work to be done be put out by quotes and the work would be done, in house, pending approval from legal counsel on the concept of this project, Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
ORDINANCES
Kovacs made a motion to open Ordinance04-10 Ordinance on Reducing Speed Limits on Kayharts Lane and Meadow Breeze Lane to the public, Strunk seconded. All were in favor. Nobody from the public wished to be heard. Kovacs made a motion to close the public hearing on ordinance 04-10, Strunk seconded. All were in favor. Kovacs made a motion to adopt Ordinance 04-10 after public hearing and second reading, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller; Horensky, yes.
Mueller made a motion to open Ordinance 04-11 - Ordinance Prohibiting Certain Nuisances Within the Township of Washington, to the public, Strunk seconded. All were in favor. Al Ivany, 1010 Butler Park Road, had a question on Section 51-4, D The existence or presence of any water or other liquid in which mosquito larvae breed or exist. He felt some of the terms were very general and the way it is written might leave doubt in someone’s mind and he assumed it did not mean natural current wetlands on someone’s property. Mueller said it would have to be a nuisance. The Mayor said that if someone is maintaining a nuisance as a result of some action they have taken or inaction they have taken, then it would be a nuisance.
Kovacs said the way it is worded, he would read if it is not natural occurring is the way he would interpret that paragraph. Kovacs made a motion to close the public hearing, Strunk seconded. All were in favor. Kovacs made a motion to approve Ordinance 04-11, Strunk seconded. Mueller asked, on the enforcement, what would be the way this would be enforced. Kovacs said most of this is handled by the Warren County Board of Health. The Mayor said this is the way it has been done in the past and in some cases, the nuisance may not be health related, then the police would be the enforcement involved. Mueller asked if someone has a problem, what is the next step. The Mayor said the next step would be to either contact the Police Chief or Zoning Officer, depending on what the nuisance would be. Chief Mc Donald told the Committee that his department should be contacted, they would check it out and determine how it should be handled. They would determine which agency would be involved
Kovacs made a motion to approve Ordinance 04-11 after public hearing and second reading, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller,, yes; Horensky, yes.
RESOLUTIONS
The Mayor advised that any item for discussion should be removed prior to approval. Otherwise, one motion will cover all items on Consent Agenda. Strunk asked that 04-93 be removed from list. Strunk made a motion that Resolutions 04-90 through 04-92 and 04-94 through 04-99 be approved, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Horensky, yes.
04-90 Release of Washington Township Land Use Board Escrow, Block 6, Lot 28 (Carol Kessler)
04-91 Refund of Over Payment/Pavilion Rental/Norwescap, Inc.
04-92 Tax Sale Certificate Redemption, Block 38.01, Lot 3
04-94 Municipal Alliance Cash Match 2005
04-95 Release of Washington Township Sewerage Authority Escrow, Blue Army
04-96 Tax Sale Certificate Redemption, Block 38.01, Lot 3
04-97 Release of Washington Township Land Use Board Escrow, Block 46, Lot 12 (Stickel Investments)
04-98 Release of Washington Township Land Use Board Escrow, Block 64, Lot 16 (De Sapio Management)
04-99 Release of Washington Township Land Use Board Escrow, Block 74, Lot 5 (Joe Justo Realty)
Kovacs made a motion to approve Resolution 04-93 Chapter 159 Budget Amendment/Drunk Driving Enforcement Fund, Mueller seconded. Strunk asked what this resolution meant. The Mayor said these are funds that are received from the State every year. Chief Mc Donald said every time there is a drunk driving conviction the State gives the department $95 to be used for drunk driving enforcement for overtime DUI patrols. Each conviction results in money from the State to continue drunk driving enforcement either in purchase of equipment directly related to drunk driving enforcement or actual man hours. Kovacs said this is a number that is not received until late in the year.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
PUBLIC QUESTIONS & CONCERNS (7:53 p.m.)
Kathy Enz was present and wanted to discuss a previous problem. Enz said that in May she attended a meeting and advised the Committee that she was having a problem with a neighbor and her driveway. At that time, the Committee agreed that this particular part of the road within the township right-of-way and asked Attorney Glynn to write a letter to the neighbors telling them they could not dig holes or spray paint in the road. Kovacs said he Strunk and de Boer had a discussion on the matter and decided that both parties be brought together, along with the Township and try to come up with a resolution to the problem. Kovacs said, that possibly from the Townships end, that maybe the best thing to do would be to pave the road up to the end where the neighbors have done what Enz is complaining about and be done with it and leave the rest of the road go, but this was just discussion. Kovacs said they approached the neighbor and they said they had been talking to their attorney, who advised them not to talk with the Township.
Enz said she got a letter from the neighbors attorney threatening her and her heirs and assignees and employees from using that driveway, their corner of the driveway. She gave the letter to her attorney, who sent them a letter asking to have a meeting. Nothing has been done since then.
Last month, when she came home, instead of string, there are five survey stakes in the road, starting out at that point and going up the property line. A few days later, she saw pink tape and said there is spikes at the base of stake, they are sticking out of the ground, from 2" to 4". The Township Trucks, both Washington and White Township and Sanico all turn around in her driveway and any one of them could pop a tire because of the spikes.
Last week she noticed there was weed killer on the corner, their side. On Saturday morning there was a man cutting trees there and she stopped and asked hm what he was doing. He said he wasn’t supposed to talk with her, but they were going to put a road through here - into her driveway. She said she has reached the end of her patience, but did not know how to stop it. She went to see the police and they sent an officer up to check this out. The officer said he could do nothing, but Enz asked him to see if they had a road opening permit to stop this. The work was stopped that day. Enz said the neighbors have five entrances into their property within 200 feet.
Enz said they have complained about the drainage. There is a drain which the road crew opened, which is right next to her mailbox, which takes care of all the water. There is a new catch basin right behind their barn, which takes care of the runoff from the woods. If they cut right through there, that is uphill and they would be cutting through a stone row and will drain right into Spring Lane and wash the area. It will changed the drainage in the corner.
It was the consensus of the Committee that Robert Miller, Township Engineer, should be aware of this and it should be checked to see if a driveway permit was issued so he can respond in hurry. Kovacs recommended that Strunk discuss the matter with Miller. Chief Mc Donald was directed to have Officer Pantuso call Enz.
(Ended 8:22 p.m.)
OLD BUSINESS
1.Vehicle Bid List - de Boer presented his list to Committee for approval on old vehicles, which will be presented again at the September meeting with a minimum bid. Strunk said he had been approached by a member of the Washington Emergency Squad about possibly getting the Jeep Cherokee. Strunk asked if there was an interest in giving it to them as a government agency. de Boer said the vehicle needs a lot of body work. The Mayor was not sure if the Washington Squad would fall into the public entity title. Strunk said he will check with Glynn to see if the Township could give this to another agency and whether the squad would qualify as a pubic entity. Kovacs said the ad will be put in, as is, in the Star Ledger and Star Gazette. Chief Mc Donald said the jeep was taken off the road by POSHO, it could no pass inspection, it is basically junk.
2. Cross Acceptance Report - Al Ivany had distributed the list of questions on the Cross Acceptance. To the Township Committee. He and Kerry Pflugh had done a draft in regard to the questions with their responses. Ivany distributed the draft to the Committee. Pflugh had been contacted by Scarlett Doyle who would like to have input and have a look at the questions before it is finalized. After discussion, this will be put on the August 24, 2004 agenda to be finalized.
NEW BUSINESS
1. Kovacs made a motion to approve the request from Norwescap to have a raffle at Meadow Breeze Park on October 10, 2004, Strunk seconded. All were in favor.
2. Strunk made a motion to approve the Township Clerk going tot he Fall Conference, September 22-24 in Jersey City, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Horensky, yes.
3, Discussion/TDR Open Space Preservation & Economic Development/R Cotton - withdrawn
4. Strunk made a motion that Ralph Fiore and Tim O’Brian, Warren Hills Regional High School, be content providers for Comcast Channel 21, Mueller seconded
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Horensky, yes.
5. Strunk made a motion to approve the Raffle Applications for Abilities for October 15, 2004, Mueller seconded. All were in favor.
6. Request from JoAnn Loveatz to hook up Washington Boro - withdrawn, Boro cannot do.
7. Strunk made a motion to approve David Dempski apply for a grant to replace the wooden playground equipment in the old Meadow Breeze park, Mueller seconded. All were in favor.
8. Kovacs made a motion to approve the WTYA using the Police/Municipal Building on Friday, October 8th from 7:00 p.m until 9:00 p.m. and Saturday, October 9th from 10 a.m. until noon, Strunk seconded. All were in favor.
9. Request from Alan Lowcher authorizing Robert Miller, Township Engineer, to re-evaluate the storm water drainage structure/drainage. Kovacs asked about the request. Strunk said they are going to try to sub-divide on Mc Cullough Road the farm where there are drainage issues and there still seems to be some feelings that the drainage is incorrect and the Township still has bond money. Strunk said they are asking that this be look into. Kovacs said the only question he has is along the line of using Miller, Township Engineer, more than they ever did before and there will be budget problems soon. The Mayor has looked at this problem and issued a report on it. He was then asked to revisit the matter again and he issued the same report that he had originally done. Strunk said the last time he talked with Miller on this, at the beginning of the year, his feeling was that they were installed according to the plan. Kovacs made a motion that Robert Miller, Township Engineer, be authorized to re-evaluate the storm water drainage structures near Mc Cullough Road, Strunk seconded. Strunk will contact him on this.
ROLL CALL: Kovacs, yes; Strunk, yes: Mueller, yes: Horensky, yes.
10.Strunk made a motion to approve the WTYA using the Police/Municipal Building on Thursday, September 9th from 6:00 p.m. until 7:15 p.m. for a Field Hockey Coaches Meeting. All were in favor.
REPORT FROM OFFICIALS
Michael A Kovacs read a letter from a resident praising the Public Works Department and how they have always strived to provide the very best service to residents. They extend their thanks to men of the Public Works Department for a job well done.
Also, the tax bills will be sent out by the end of the month. They were held up because of the governor giving back school surplus, which delayed the County certifying the tax rate. Taxes in the Township will go down .06 this year from last year. Something similar to this was done in 1991, they tried to give money back to tax payers. Kovacs gave an explanation on what was done and what will happen next year when the rates will be increased. Strunk asked if a letter could be explained to the tax payers explaining what this reduction has done and will do next year in raised taxes. Kovacs said the taxes will artificially be reduced this year, but next year they will have to recover that money. Kovacs said the schools should be able to handle their own surplus, there is no reason for the State to step in and tell them to give it back to the tax payers. The schools know what to do and how to handle their surplus. The Mayor said that he would like to consider an editorial be sent to the paper in behalf of the towns. The Mayor suggested that Kovacs get a letter to the editor together, because he is more qualified to do it, because he works with the budget. The Committee can review it before it is sent.
Barry Mueller said the Fire Department had a very nice Family Oriented Celebration on Saturday celebrating their 50 Anniversary.
Richard J. Strunk asked deBoer if he has been in touch with Miller about Pohatcong Drive and status (Plans/Estimate). de Boer said this was addressed in the Engineer’s Monthly Report. A long range plan has not been determined yet.
Strunk asked the Mayor if he and Kovacs have done anything to resolve the Franklin Township Court Contract Issue. The Mayor said they have done nothing yet. Kovacs said this has to be done no later than November when they start looking at the 2005 Budget.
Strunk had sent everyone an e-mail regarding Meadow Breeze Park and the request made by Assemblyman Doherty for a resolution on using the fields. Strunk made a motion that Resolution 04-100 be approved, showing by unanimous vote the Washington Township Committee does wish to have continued use of those playing fields in question at Meadow Breeze Park (vote to be shown), Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Strunk said that he had telephone calls from several employees regarding their pensions. There is a mix up in the pensions with the fourth quarter of 2003 being put in their funds. The CFO is looking into this and has assured him that it has been take care of for 2003. Strunk had asked the CFO to give every employee an updated report on the status of their current funds and pension status.
Michael A Kovacs said, due to the delay in getting tax bills out, the original due date would be August 1, which is past. This has now been extended to September 24th. Kovacs said there was a request that the Committee go to the Freeholders for an extension of time. Kovacs said most of the municipalities in the County are in the same position. The Mayor said he had talked with DiMaio, and while Di Maio could not speak for the entire Freeholders Board, he indicated that he understood the situation and the County was not going to hold the municipalities to the dates due. Strunk said they have to make payroll, etc and the Townships are obligated to give them something, because they have to work for another 30 days. Kovacs said this has happened before and the County and Schools understood and waited. Kovacs said the tax bills have gone out from some municipalities, because not all tax rates were certified at the same time. Strunk asked if this was something that the Committee needs to run by the CFO. It was the consensus of the Committee that a memo be sent to the CFO asking for a report, due by the August 24th meeting, advising if the Committee is alright at this time by not having money to pay the County and Schools.
Mayor John A. Horensky said he attended National Night Out and it was very well attended. He enjoyed the exhibition put on by the Canine Team and the training the dog has gone through. The Mayor spoke with Officer Damon Bee, the dog’s handler, and the dog has been a real asset in their department and other departments as well. The Mayor asked that the Chief let Officer Bee know how pleased he was with the presentation.
David Dempski had submitted a written report to the Committee and will be made a part of the minutes. The Committee will review the report and if they have any questions, they will talk to Dempski at the next meeting.
Chief Mc Donald said that there is a young girl missing from Washington Boro, a run away. There were reports received that her body may be behind Ames, A&P or Acme. The areas were searched on foot. The Chief said the department reached out to a Cadaver K-19 from Brook County New York. The Brook County Sheriffs Department sent down a team and they conducted a search from 9:00 p.m. until 3:30 a.m. The Chief asked if the Township Committee would send a letter to this department thanking them for their efforts, because there was no charge to the Township for this service. The search was negative. Strunk asked the Chief to draft it and it would be taken care of at the next meeting.
The Mayor honored three more Boy Scouts, Billy Frater, Scott Frater and Dan Perillio that come into the meeting later. The Mayor thanked the Boy Scouts for attending the meeting.
PAYMENT OF BILLS
Mueller made a motion to pay the bills, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes; Kovacs, abstain; Horensky, yes.
Strunk made a motion to go into Executive Session at 9:00 p.m. for the purpose of hiring a new temporary police secretary, Kovacs seconded. All were in favor.
The doors were opened. Strunk made a motion to come out of Executive Session at 9:15 p.m., Mueller seconded. All were in favor.
The Mayor said an Executive Session was held at which time Chief Mc Donald was at the meeting discussing personnel issues as they relate to the secretarial staff. Strunk made motion to approve Resolution 04-101, to hire a replacement of the present temporary secretary, who will be leaving August 27, 2004 and at the recommendation of Chief Mc Donald that another temporary employee be placed in that position at the rate of $12/hour, with the understanding that this person would be on probation and there is no guarantee of employment past December 31, 2004, effective immediately if necessary, at the Chief’s discretion, Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
There being nothing further to come before the Committee, Kovacs made a motion at 9:20 p.m. to adjourn, Strunk seconded. All were in favor.
Respectfully submitted,
Mary Ann O’Neil RMC/CMC
Township Clerk
