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The special 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: Dempski, present; Kovacs, present; Mueller, present; Strunk, present; Horensky, present. Edward Glynn, Township Attorney and Mary Ann O’Neil, Township Clerk
were also present.
SALUTE TO FLAG
Michael Schmidt, Tax Assessor and Martin Allen, Special Tax Counsel came into the meeting at 7:40 p.m.
ORDINANCES
Dempski made a motion to approve Ordinance 04-12 - Ordinance Requiring Proof of Property Taxes being Current before Land Use Board Application is Deemed Complete, Kovacs seconded .
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Public Hearing and second reading will be September 21, 2004.
PUBLIC QUESTIONS/CONCERNS
Michael Schmidt, Township Assessor, said that on Ordinance 04-12, he didn’t think the Governing Body are bankers and it is their responsibility to finance developers that do not
pay their taxes. The Township Committee is not in partnership and will not receive a profit or part of that development as a reward for non payment of taxes.
OLD BUSINESS
1. Cross Acceptance/Al Ivany said he was checking in regarding the Cross Acceptance application and to see if anybody had any comments. Ivany said that he received a call from
Scarlett Doyle, Township Planner and she was pretty much in agreement on withdrawing the Town Center Designation, reconfiguring the sewer district and made the suggestion that the Township not designate any areas specifically for the
Transfer Development Rights at this time, because of the Highlands Act and SMART Growth. Ivany also spoke to Greg Sipple recently at the County Environmental Commission Meeting and advised him that the Township is going ahead
with this. There are several municipalities that have not participated in Cross Acceptance yet and the County will be making decisions for them. Strunk said he was glad to hear that Ivany had spoken with Doyle, because he
feels the same way about being pulled out of the Center Designation. Dempski said this was a joint application and asked if the Township has notified the Borough that the Township wants to do this. Dempski
said we should be good neighbors and advise them about this matter, Strunk agreed. The Mayor said, one of the concerns the Borough had with the Town Center Designation was in a certain area that the Township may be developing
properties commercially. Dempski asked Ivany to get the Growth Projection for Washington Township, because he will need this information for COAH next year. Scarlett will get back to Ivany with comments. Ivany expects to
bring the completed draft to the next meeting of the Township on Tuesday, September 21, 2004.
2. Information on taxes to the County and School was given to Township by CFO. There was an e-mal from the Mayor advising that the payment should be received by the County by
September 1st . The WHRHS sent a letter advising that it is acceptable to send the July and September payments on September 15th.
OTHER OLD BUSINESS
The Mayor asked Dempski if he recalled whether or not something regarding COAH had been put in place by ordinance that made assessments on properties consistent with
COAH. The Mayor said a letter had been received from Doyle, Township Planner, indicating that the Township should be in the position to make assessments on developers coming in so that the new developer would be paying their fair
share. Dempski said this has not been done, because these rules did not come out until April and they just released a draft two months ago. Dempski said that when they have the growth component they will go from 1999 to 2014
based on projections and squeeze that 15 years into 10. Dempski said, whenever there is a new house built, instead of having 10 to 1, it will be 8 to 1 and based on commercial square footage, there will be COAH units. So, between
the high school proposal and the new commercial development there will be 12 units. The Mayor asked if there was any objection to having the Township Attorney start the process with regard to an ordinance that would protect the
Township with COAH, consistent with conversations that Dempski has had and letter received from Township Planner. The Mayor said it is his understanding that these COAH obligations can either be done through assessment process on
development coming into the Township and without that, the Township has to come up with the money with tax money. The Mayor would like to see this ordinance introduced at the next meeting.
NEW BUSINESS
Strunk made a motion to approve Mary Ann O’Neil, Township Clerk and Catherine Gangaware, CFO attending a Seminar on State Contractor Registration Workshop for Government Officials
on Wednesday, September 15, 2004, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Dempski, yes; Kovacs, yes; Horensky, yes.
EXECUTIVE SESSION
Strunk made a motion to go into Executive Session at 8:26 p.m. for the purpose of discussion of litigation, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Dempski, yes; Kovacs, yes; Horensky, yes.
The doors were opened. Strunk made a motion to come out of Executive Session at 10:29 p.m., Dempski seconded. All were in favor.
Glynn asked that the record reflect that there was discussion, with Special Tax Counsel Martin Allen and Township Assessor Michael Schmidt present. The Hawk Pointe pending tax
appeal was discussed in great length and the litigation continues. Allen will keep the Committee advised. There was discussion about AJR negotiation and the appraisal reports have been received and the Settlement Negotiation and
that litigation will continue as well. On the prospect of negotiations with Brown and Brown regarding the sale and purchase of the Brown and Brown Building vs the Township Building, Mayor Horensky will have follow up
discussions with the proprietor at Brown and Brown.
Kovacs said he would like to discuss the salary of the Public Defender before they go into meetings with the Central Warren Court.
RESOLUTION
Strunk made a motion to approve Resolution 04-101 - Resolution Urging Governor James E Mc Greevy to Resign Immediately and to give Voters the ability to choose a successor this year,
Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Dempski, abstain ; Kovacs, abstain; Strunk, yes.
OTHER
Strunk made a motion to authorize Martin Allen, Special Tax Counsel, to write a letter, for the Deputy Mayors Signature, addressed to the Land Use Board, expressing concerns of the
Committee and it was by unanimous vote that this letter be sent, Dempski seconded. Strunk told Glynn to call Allen and put in the letter that the Township Committee requests that the Land Use Board discontinue hearing this matter
Glynn said he would do so.
ROLL CALL; Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
There being nothing further to come before the Committee, Kovacs made a motion at 10:45 p.m. to adjourn, Strunk seconded. All were in favor.
Respectfully submitted, Mary Ann O’Neil RMC/CMC Township Clerk
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