TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
December 19, 2006

TOWNSHIP OF WASHINGTON, WARREN COUNTY

Regular Minutes
December 19, 2006

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 David Dempski.

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 and transmitted to the Express Times and posted at the municipal building.

ROLL CALL: Horensky, present;  Kovacs, present; Mueller, present; Strunk, present; Dempski, present. Edward J Glynn, Township Attorney  and Mary Ann O’Neil, Township Clerk, Police Chief Mc Donald, Pete de Boer, Samir Elbassiouny, Committee Elect,  JoAnn Fascenelli and Dawn Stanchina were also present.

SALUTE TO FLAG

APPROVAL OF MINUTES
Kovacs made a motion to approve the regular minutes from November 21, 2006, Horensky seconded. All were in favor.

Kovacs made a motion to approve the executive minutes from November 21, 2006. Horensky seconded.  All were in favor.

ORDINANCES
Kovacs made a motion to open , 06-31 Ordinance Amending, Revising and Supplementing Chapter 83 of the Code of the Township of Washington Entitled “Littering,” Specifically Subsection 8301 “Definitions and Work Usage” & by adding New Subsection 83-2 Entitled :Containerized Yard Waste”, Subsection 83-2.2 Entitled “Improper Disposal of Waste, Subsection 83-9 “Enforcement” and Amending Subsection 83-7 Entitled “Litter on Private Property Restricted, to the public, Horensky seconded.  All were in favor. Nobody from the public wished to be heard. Kovacs made a motion to close the public hearing, Strunk seconded. All were in favor. Horensky made a motion to adopt 06-31, after public hearing and second reading, Kovacs  seconded.
ROLL CALL: Horensky, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Dempski, yes.

Mueller made a motion to open 06-32 Ordinance to Prohibit the Feeding of Wildlife on Property Owned by the Township of Washington to the public, Strunk seconded.  All were in favor.  Frank Cregan, 62Merlin Drive, said when he first brought this up to the Committee, he thought it would be wildlife on public property.   Cregan said he thought it would be public places, which would include A&P Shopping Mall, which has a problem of sea gulls and pigeons.  He said he was disappointed in that the ordinance did not cover public places.   Kovacs said when this was discussed, the Committee talked about what could be enforced.   After further discussion, Kovacs said that public places could be added later in the year as an amendment.    Kovacs made a motion to close the public hearing, Mueller seconded. All were in favor.   Horensky made a motion to adopt Ordinance 06-32, after public hearing and second reading, Kovacs seconded. 
ROLL CALL: Horensky, yes; Kovacs, yes; Mueller, yes; Strunk ,yes; Dempski, yes.

RESOLUTIONS
The Mayor advised that any item for discussion should be removed prior to approval and in addition, two  resolutions to add, Resolution 06-184 was a Transfer Resolution and Resolution 06-185, which lends support for a needs assessment for a PARIS Grant.  If no resolutions are removed, one motion will cover all items on Consent. Strunk asked that Resolution 06-178 be removed and done separately. Kovacs made a motion to approve Resolution 06-172 through 06-178, pulling 06-178, Horensky seconded. 
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.
06-172 Resolution Authorizing the Change of Payroll Companies for the Township of Washington, Warren County
06-173 Release of COAH Fee, Keith & Kimberly Reehl, Bl 74, Lot 7.14
06-174 Release of Washington Township Land Use Board Escrow, Marco Contractors, Inc.
06-175 Resolution to Install &Maintain Two Flashing School Speed Limit Signs on County Route 632 at the Brass Castle Elementary School Zone.
06-176 Riparian Forest Buffer Restoration
06-177 Resolution Authorizing the Non-Renewal of the Interlocal Services Agreement from Central Warren Court
06-179 Interest Resolution, Extension of August Grace Period
06-180 Cancel Delinquencies Less Than $10.00
06-181 Cancel Overpayments Less Than $10.00
06-182 Transfer Tax Sale Payment to Oxford Township Sewer Collector
06-183 Refund Overpayment Block 10, Lot 5
06-184 Transfer Resolution
06-185 Resolution Requesting Participation in County Led Records Management Needs Assessment
 
Horensky made a motion to approve Resolution 06-178, Resolution for the ASA Award (Architect), Kovacs seconded. Strunk said before the Committee voted on this resolution, he wanted to make some comments for the record on the renovation project of the Brown and Brown Building, which were as follows:

Before the vote on this resolution, I would  like to add a few comments in regard to a record of this renovation project.

In the early months of 2005 Mr. Horensky and I were assigned to work on this project. On March 29, 2005,  I sent  Mr. Horensky a lengthy e-mail with items to be discussed and addressed. I asked for his input. I received a notice of “read receipt”. As of this date, I have not received a reply.

My observation has been: Mr, Horensky  has been quick to criticize on the project, but has offered little if any constructive help to move the project forward.

In 2006 Mr. Kovacs was appointed to building and grounds. I believe he had one meeting with the architect, Mr. Gagne. I have been copied on numerous attempts by Mr. Gagne to contact Mr. Kovacs for additional guidance. There has been no response by Mr. Kovacs. I sent an additional  memo to Mr. Kovacs dated, April 14, 2006 on areas that needed to be addressed on this project  to move forward. I received no response and as of yet, little if any action has been taken.

We now have plans sitting down at the local Building Construction Code Office reviewed and waiting for approval for the Township to move forward.  To date, we have spent about $48,000.00 on professional services for these plans.

And now at the 11th hour, at our October meeting Mr. Kovacs says we need a new architect with experience in designing municipal building design.   In November he brought us an architect whose resume includes 1 municipal building.

Next Mr. Kovacs states, another reason we need a new architect is because the plans Mr. Gagne submitted do not include calculations for seismic design criteria for earthquakes. Mayor Dempski and myself both contacted Charles Herring, Head of the Building Code Department for our area, and Mr. Herring stated that no such design calculations were needed. So that reason isn’t valid.

Next we hear from Mr. Horensky and Mr. Kovacs that the plans aren’t detailed enough. Yet, when we built the park we had an extremely detailed set of plans. So much so that the engineer made a 3-5 foot grade mistake between the matched set plan between the Meadow Breeze and Kayharts Lane portion of the plans. The contractor was the one that discovered that mistake. So much for detailed plans. With any plans there are going to be errors. You put your best efforts into simple economical plans and finding a good contractor. Possibly you go out to bid 3 times and then find and negotiate with a good contractor, and move forward. In an overview of this project we are constructing an elevator for ADA requirements, a downstairs bathroom, making it comply with fire safety for public places, changing a few walls, and giving our employees a good working environment in some existing spaces.

We now hear that we should gut the building for about $50,000.00 and build a structure that leaves a legacy to  the Township Committee. That kind of philosophy wastes taxpayers’s money.

Mr. Kovacs stated at our November meeting that building cost is between $150 and $250 per square foot. We have 12,000 sq ft X’s an average cost of $200 per sq ft = $2.4 million dollars, plus security cost, plus communication technology cost, plus additional site cost, plus some furnishings.

I have heard we could speak all night and  blame each for what we did or should have done. I haven’t heard the word “accountability”. I accept my accountability for pushing hard to keep this project simple and economical. Have I made mistakes on this project, absolutely? If you don’t want to make a mistake, do nothing. I’ve pushed to have a simple design for site work installed, provided a budget to the Township Committee and made sure the plans stayed simple and it stayed in budget . The committee must have  a mindset to keep cost controls on this project and not turn it into a “Legacy” costing millions of dollars.

I am sure we will continue to hear more excuses why we need a new architect, but bottom line, the price just keeps going up.

I submit these comments to the clerk to be entered in the minutes along with a spreadsheet further detailing approximations on cost if this new building philosophy is carried out. Thank you Township Committee.   The information was submitted to Clerk for Minutes.

Kovacs said he had a correction, he had said $100 a square foot for renovations and $200 for new construction.  Horensky said they should look at the word “Legacy”, which has  a negative and positive meaning  to it, so one should not view the word “Legacy” as building a Taj Mahal.
ROLL CALL: Horensky, yes; Kovacs, yes; Mueller, yes; Strunk, no; Dempski, yes.

SPREADSHEET SUBMITTED

B& B cost

Ed Gagne $       16,000.00
pro energy $       25,000.00
pro energy alt electric $        7,000.00
install gravel drivewaysapprox $       45,000.00
Bob Miller
soil planapprox $        2,500.00
driveway engineeringapprox $         5,000.00
other workon site manager ?

proposed new architect $     114,000.00
personnel to over see work (including architect and clerk of the works) $      50,000.00
demolitionapprox $       50,000.00
renovation between $150  to $250 per sq ft( average $200 x 12,000 $  2,400,000.00
new entrance as per A.S.A. estimate $    250,000.00
security work $      30,000.00
furnishings $      20,000.00
ITT work $       25,000.00
work on remaining annex space for long term records 30x40= 1200 sr ft x$100 $    120,000.00
( climate control, security, fire protection)
site work as per A.S.A. estimate $     150,000.00
 $ 3,309,500.00
10% contingency $    330,000.00
 $ 3,639,500.00

minus  approx $900,000 net from selling building $   (900,000.00)
 $ 2,739,500.00

cost of building and land acquisition $  1,420,000.00
 $ 4,159,500.00

REPORTS FROM STAFF
No Reports

PUBLIC QUESTIONS AND CONCERNS
There were none

EXECUTIVE SESSION
The Mayor said there would be a brief Executive Session to cover areas regarding personnel.  Strunk made a motion to go into Executive Session at 7:45 p.m., Mueller seconded.  All were in favor.

The doors were opened. Strunk made a motion to come out of Executive Session at 8:10 p.m., Horensky seconded. All were in favor.

Glynn said there has been a number of  procedures  and problems pointed out by the CFO as far as different things that need to be addressed going forward.  She is going to seek additional direction from the Township Committee at a future meeting as to exactly what  details would be  involved in doing that.  

The Mayor said he would be taking items out of agenda order at this point.

NEW BUSINESS
4. Letter had been received from Dan and Carol Wicks regarding the purchase of some lots behind them.  The Mayor gave out a aerial photo of the area showing current Habitat Lot and attached one is the one they are talking about.  The Mayor said, the Township cannot just sell property to a private owner, it has to be a public auction for any lots in that area.  The Mayor said, if they have an interest, the Township could put the land out for public bid.  Kovacs said a minimum bid would be put on it.   The Mayor said, if this was done, it would not be until next year.

8.The Mayor said that Habitat for Humanity sent a letter on Block 90, Lot 6 and Block 91, Lots 1&2 at Butler Park requesting ownership of lots.  The Mayor said he is inclined not to do at this point in time.
 
Frank Cregan, 62 Merlin Drive, asked if Habitat has a presence in this area being discussed. The Mayor said they have not done a building in the Township yet.  Cregan asked if they owned property in Township.  The Mayor this is what they are in the process of doing, considering  building a house on one lot.   Cregan said, did the Township give the lot to Habitat, instead of an auction. The Mayor said this would be allowable under State Statute for Affordable Housing.  

7.The Mayor said that Habitat for Humanity is trying to find out if they can build on the current lot, in terms of environmental consideration.  They have requested to do some testing on the lot.  Kovacs made a motion that Habitat for Humanity be allowed access on the property for testing, Strunk seconded.

Carol Wicks, 101 Butler Park Road, said in reference to this, the residents would like to see an Environmental Impact Statement made first before any testing is done.  The Mayor said that is what they are trying to get permission to do.  Wicks asked, are there big machines that come in to do this, because there is a pipe that goes over the creek that is not in very good condition for large trucks to go over.    The Mayor said he didn’t think big equipment would be coming in for the testing.  de Boer said the road being discussed is not a Township Road.   Strunk said the heavy truck issue should be clarified before the testing begins, the Mayor will check it out.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky ,yes; Mueller, yes; Dempski, yes.

6. Feedback on sidewalk grant for Norfolk and Midland Grant/Application - The Mayor said the Township Engineer had been requested to do a grant for sidewalks along Norfolk and Midland Avenue as a way of the children having safe access to schools.  The Committee wanted input from residents in this area. The Mayor had received one call and two e-mails and the major issue was that there were some seniors in this area and they felt it would be a burden on them to have to shovel the sidewalks.  The Mayor said another parent called him and said that there is a lot of speeding in this area, especially Norfolk.

Art Merrill, 6 Norfolk Avenue, asked which side of the street is the sidewalk gong to be on or both, is it going to be set back from the curb or against it, are you going to replace the shrubs and trees that are removed.   There are some curb cuts that are not being used, are you going to replace the curbs?  Is there going to be an assessment if the grant money is not enough to cover the costs? His other serious concern, with the children walking to school, is Pleasant Valley Road, from the end of Norfolk where the new road stops to Rt 57. It is a very narrow and dangerous road.  This would be a much high priority than Norfolk Avenue. The Mayor said they have a grant on that as well out.

Bill Duryea, 10 Norfolk Avenue, said he thought the Committee might consider speed bumps to alleviate the problem of speeding. He said it would be safer for the children to be bused to school. He has talked with the bus people who said they have buses that go through there and it would be no additional charge to the school if they picked up children and took them to Brass Castle School. With reference to retirees, there are six on that street and two are disabled, one is quite elderly and would have difficulty maintaining it.  They are on fixed incomes, there is a liability on having sidewalks, there may be more taxes, maintenance and litter on sidewalks. 

Norman Hollenback, 16 Norfolk Avenue, said his property is on the corner of Norfolk Avenue and Castle Road. He concurs with neighbors that speeding is an issue of people coming down Castle and Norfolk. This is a real issue.  As far as the sidewalk, with his current health, he could do the snow removal, but he does have three very large maple trees and a large pine tree and they might have to go.  He wanted to know if so, would they be replaced.

Bill Duryea, 10 Norfolk Avenue, said one of the biggest culprits are the school buses that come up the street.

Joey Baumer, 14 Norfolk Avenue, said he very seldom every sees children walking down the street going to that school.  The children ride the bikes on the street, it is not a dangerous street.  The school buses do fly down the street and every now and then you get the local fire trucks flying down the street.    There are few children and no sidewalks are needed.

The Mayor asked for a motion to either approve or deny the Township’s request to submit a sidewalk grant to NJDOT for Safe Route for School at Norfolk and Midland Avenue to Brass Castle School. Kovacs made a motion that the Township Engineer not be directed to send the grant application and the Township not apply, Mueller seconded.  All were in favor.  The Mayor will contact the engineer and advise him not to submit the grant.

OTHER
Alex Soffiantini, newly hired architect, thanked the Committee for confidence in his firm. He wanted to give the Committee on update on where they are.  Last time they met, there was concern about the issue of the seismic upgrade.  There is a lot of different opinions about this.  He stated that he has worked with many building code officials in different projects and they are not always right.  This is why you have a building
code.  He brought a copy of the code and referred to the chapter on Rehabilitation Code.  It is the code that applies to this project, you are taking an existing structure and reconstructing it, converting it and changing the use.  The code specifically talks about seismic upgrade and it is required.
 
Soffiantini said they have done an engineering analysis of the building and did a survey of the building.  They are redoing the walls, as it is a prefabricated building. The exterior walls will be redone.   On the roof frame, there may be some welding between the roof frame, deck and seal connecting, so there will be some minimal cost.  The Mayor asked if the roof is being strengthened or repaired.   The roof deck will remain as being strengthened, the material covering of the roof is going to be replaced.  The Mayor said the Township had looked at getting solar power and it may be possible to do it now. Soffiantini  will look into this and the prospective pay back on it. 

Also, de Boer was able to obtain a Phase I for the building to identify if there is any materials that need to be removed. They did Phase I and identified some possible things that need to be looked at. They will now go back and do testing in those specific areas to identify what needs to be done.   They have prepared a set of demolition drawings for the demolition.  The drawings and specifications are done. They need to be reviewed.  Once they get the information on the investigation, they will coordinate with their documents and it will be ready to go out to bid the end of January.  They are just waiting for the environmental company to give them the results of testing.   They have also begun to prepare a schematic design for the building.   They have met with the various departments to identify their needs and the future growth needs would be.  The Mayor said if they have to issue a debt to pay for this, they need details so they know what they are voting for, so details are needed. Kovacs said this could be tied into a budget meeting.  Kovacs has asked Soffiantini to come to him with a number on a budget so a bond could be introduced at the reorganization meeting in January, to have the bond in place to award a contract in March.   Soffiantini said plans will be done mid January.

Strunk asked Soffiantini if he had checked with DCA on their opinion versus his opinion on the seismic analysis.  He said it is in the code. 

10. Request from Kaufmann  to attend college and get reimbursed - Mueller asked if he was asking for money up front.  Horensky said no, according to contract it is reimbursable.   He said his request states it for reimbursement of tuition, not up front cost and not for books. There was discussion on this being an on line course and he can take one competency exam.   Horensky said, if there is a course listed and you can opt out of it or test out of it, which is standard procedure.  Horensky said if Kaufmann  takes the exam and passes, he does not have to physically take all the courses.  He will still be charged though.  There was discussion on whether this was an accredited school or agency.   Stanchina, CFO, asked, if in two weeks he opted out of it, then they would have to divide the $4200 by 14 courses.   Horensky made a motion to allow John Kauffman to sign up for the courses requested, proof should be provided that this is an accredited school, reimbursable at $4200 once the course is completed, Kovacs seconded. Kovacs said he wants proof that it is an accredited school to Clerk, CFO or Liaison.  
ROLL CALL: Horensky, yes; Kovacs, yes; Mueller, no; Strunk, no; Dempski, yes.
The Mayor said he was voting yes, but he questioned that you can test out of an whole program, he really was disappointed in this. Kovacs said he would like to get an answer from Kauffman on exactly what you can opt out of and what you cannot, because the Committee does not really know. The Mayor said, the paperwork states he has to take 1 course out of 14.

5. Strunk made a motion that the request from the Finance Department to update the Health Insurance Issue, Section II 14 (J Health Insurance) which states section 7, payment to an employee that opts for this reduction is considered a fringe benefit and therefore must be paid through the payroll company - deductions for taxes must be made, be approved, Mueller seconded.
Strunk, yes; Mueller, yes; Horensky, yes; Kovacs, yes; Dempski, yes.

OLD BUSINESS
1. Authorize lien on property at 41 Lock Street/work on property - Strunk made a motion to approve the lien on 41 Lock Street for work done at this property, by request of the Warren County Board of Health, in the amount of $1248.00, Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Horensky, yes; Mueller, yes; Dempski, yes.

2. Uniform Construction Code Office - The Mayor said the Township did not have the ordinance available in time for second reading.    He put information together on how to proceed on this in 2007.  The Mayor said, before the Township can do this, there is a four month notification time.  He proposes this be introduced at the Reorganization Meeting and approved at the next meeting for second reading and public hearing   Stanchina asked how the employees would be paid. The Mayor said they would be paid out of the construction revenue costs. This would include benefits, salary and wages. Kovacs asked Stanchina if the Code Official becomes part of the budget and if it should be budgeted for inside the CAP. The Mayor said you could do a Reserved Account for it.   Stanchina said she would have to check on this, because you have to budget for the jobs.  The Mayor said it can be done by Reserved Account, by rider for construction office.   The Mayor said it should not be a budget item.  Further, the first year you may have to prefund it, because obviously there are no funds.
There was discussion about the Land Use Board Secretary taking on the secretarial job with this. The Mayor said this would be at least a four day minimum, full time job.   He is concerned about whether they have to be certified.
 
Stanchina asked if the prefunding for this would come from the tax payers and the Mayor said yes.  Fascenelli asked where this office would be located. The Mayor said he would like to use the Rushmore Cabin, until the new building is done,  as it is a good location.   This office would be open from 8:00 a.m. until 6:00 p.m. Fascenelli asked if the cabin was big enough to house the employees and files. The Mayor said he had met with Mansfield and they checked the conference room in the Administration Building. They advised this would be all the room they would need. The Mayor said there will only be three people in the office and they will not all be there the same day.   The secretary would be there four days and the inspectors (construction officer/building subcode officer and plumbing/electrical).  The fire will be combined with the construction official. Fascenelli asked if the $102, 000 would cover the secretary and inspectors, Mayor said yes.  Stanchino asked if they were all part time and they were. The Mayor said the budget would be around $102,000, plus $5,000 in O&E, plus software. Fascenelli asked if the figure included mileage. The Mayor said he would consider buying a car for the Construction Office and every year sell to police for $1.00, so they would get a used car that would be broken in already.   Kovacs said there are old police cars that would be available.  Fascenelli asked if there would be a car for each inspector or one car.  The Mayor is not sure yet on this.  Fascenelli asked if this would include doing the job of the Zoning Officer. The Mayor said this is done in Mansfield now. Kovacs made a motion to prepare the ordinance to create the position of Code and Construction Office, to be introduced at the Reorganization Meeting, Horensky seconded.
ROLL CALL; Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.
The Mayor said many municipalities are interested in going in with the Township on this, because they are not happy with the State Code and Construction Office.   The State would still do the work for Elevator Sub Code.,  because the Township could not do in house, it would be too expensive.

3.Status of Hold Harmless Agreement to be used by Police Department - Glynn said he had taken care of it.   He took the original agreement and added some paragraphs to it that gave protective language.   He sent it to Sharon Cooper and she said they should use the new document going forward any time the Borough or Township Officers want to use the gym, they will have to sign it. They will start signing it and it will be kept on file.

NEW BUSINESS
1. Reorganization Date- Kovacs made a motion to approve the date of Monday, January 1, 2007 at noon
for the Reorganization, Horensky seconded. All were in favor.

2. Strunk made a motion to approve the Clerk’s Request to attend the Master Municipal Academy on January 25 and 26 in New Brunswick, Mueller seconded.  All were in favor.

3. Kovacs made a motion to approve the request by the Warren Soccer Club to use the Meeting Room for a Coaching Class on Friday, January 16, 2007, from 6:00 p.m. to 10:00 p.m., Horensky seconded. All were in favor.

4. Previously done in meeting.

5. Previously done in meeting

6. Previously done in meeting

7. Previously done in meeting

8. Previously done in meeting.

9. WTYA  Request to Use Meeting Room - Horensky made a motion to approve the Washington Township Youth Association using the Meeting Room on Friday, January 19, 2007 from 7:00 p.m. to 9:00 p.m. and Saturday, January 20, 2007 from 10:00 a.m. until noon for baseball and softball registration, Strunk seconded.   There was discussion as to whether it would interfere with the Budget Meetings.  The tentative dates for Budget Meeting would be Saturday, January 20, 2007 at 1:00 p.m. and Saturday, February 3, 2007 at 9:00 a.m and the auditor will be requested to attend. All were in favor, except the Mayor who abstained.

10. Previously done in meeting.

11. Request from Land Use Board Bay Storage Issue - Mueller asked Glynn if he ever wrote the letter he had requested he write regarding this matter.   Glynn said he did not.  He talked to Bill Gleba, Land Use Board Engineer, regarding this and the Mayor. The discussion was that the remedy was to simply go through the State. Her Appellate remedy is to take it to the State if she has a problem.  Mueller asked if anybody has even told her this. Glynn said that Gleba did it.  Mueller asked Glynn, who was supposed to talk with Gruenberg, did you ever have a conversation with him?  Glynn said he did and he said the same thing, her remedy is to go through the State.  Glynn said Gruenberg said he understands why she is frustrated, but it appears that the steps taken were necessary. He understands that she spent a lot of money on it, but what was done had to be done.  Fascenelli asked if the bills were still on hold.  It was the consensus of the Committee that there was an obligation to pay them, the service was done.  The Mayor said she has to go through the Warren County
 
Construction Board of Appeal or the DCA. Glynn said if this was the case, then anybody that was dissatisfied could say bill the time out, don’t pay the bill.  Glynn said if there was to be any written communication at this point, he thinks it should come from the Secretary of the Land Use Board or the Gruenberg. Mueller said this needs to be put in writing so they know she has received it.   Glynn said he will call Gruenberg and tell him it is the feeling of the Committee that it is really the Land Use Board’s issue to deal with and what he should do, as attorney for the Land Use Board, is advise her as to what her appellate remedy is and that the bills are going to be paid, because they have to be paid. Strunk asked, hasn’t the issue transferred to the Committee, because the Township is the one paying the money. Strunk said there are two different issues, there are bills that have to be paid and if she has a problem, there is a process for her to appeal it to. Glynn said he understands she hasn’t done it yet.  Strunk said the bills should be paid.  Fascenelli said there were several hand written letters that had been given to the Committee, which were in the packet.   Glynn said there was a handwritten letter dated June 9, 2006, objecting to an invoice from Finelli Consulting Engineers in its entirety and she would like a hearing on this matter. Glynn asked if her application has been stalled since June 9, 2006. Strunk thought it was still being reviewed.  Glynn will coordinate with Gruenberg and between them, take the appropriate action and advise her as to what her remedy would be. Mueller said he would like to see this done.  Strunk made a motion that the bills be paid, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Horensky, yes; Kovacs, yes; Dempski, yes.

12. Robert Miller, Township Engineer, has received a request from Greg Abate, Langen Sheidt Publishing for a copy of township roads.   Miller wanted permission from the Township Committee before this was done. Stunk made a motion to approve Miller providing the roads of the Township to this company, Mueller seconded. All were in favor.

REPORT FROM OFFICIALS
John A Horensky said will be discussing the PBA Contract in Executive Session.

Horensky met with the Fire Department and Fire Commissioners.  A big issue coming up is that they are purchasing a new vehicle and will have to relocate one internal wall, which will necessitate them making modifications to the rest room areas. There is some concern as to how this might affect upcoming elections during 2007, both Primary and General. 

The Police Department had a Block Watch Meeting at the Hawk Pointe Preserve and Block Watch Activities were discussed.

Horensky said, there is some concern by the OEM Coordinator on his using his private vehicle to respond to calls, at his own risk and not covered under any of the Township’s Liability. He is trading in his vehicle and the new vehicle is not suited to have lights on, it is a passenger vehicle.  He is asking the Township to consider one of the police vehicles that is being sold be given to OEM.

Also, under OEM, Horensky  has been notified that the County will be putting on an Incident Command 402 Class at the end of January 2007.  All elected officials are required to have NIMS 700 and ICS 402. He will provide information as received.

There was no quorum at the Economic Development Commission, so they just had general discussion.

Horensky said, on December 7th, he responded to a request from the Delaware River Basin Commission and County OEM in regard to the  Flood Mitigation Program that is being run for the Delaware River for all municipalities that are directly on the river or tributaries that run through their lands.   They want to develop Flood Litigation Plans for their municipalities and to become involved in the process. Horensky said they were looking for a voluntary nonbinding letter of intent to get people on board. He signed it and indicated that he would be interested in participating. Kerry Pflugh also would like to serve on this.   This could make the Township eligible for FEMA Funding.

Michael A Kovacs said the Committee should set the salary for 2007.  There are two union contracts, PBA and Teamsters.   The minimum is 3.5% and maximum of 4.5%. And 5% for teamsters.  Last year the CPI came in at 3.7% , which made it a 4.5% raise.  This year the CPI is 2.3%, plus 1% so it would be 3.5% increase .   Horensky made a motion to approve the 3.5% increase in 2007, Kovacs seconded.
ROLL CALL: Horensky, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Dempski, yes.

Barry Mueller said the Recreation Commission is concerned on how the playground equipment is going to be funded.  The Mayor said it is his feeling that it should come from the Open Space Trust Fund, as opposed to putting it in a bond.  

Also, the Recreation Commission gave the Administrator a $2.00 an hour raise in 2007.

R.J. Strunk said that Finance Staff was present for the entire meeting and Executive Session and updated the Committee on finances to date, where they are with status and some suggestions on how to improve next year.
 
Mayor David Dempski said the 2007 PCFA Budget will not provide any money for grants, as well as Township Clean Ups.

On Clean Community - thanks to the Finance Department, they have the money under control and he will have the 2006-2007 Annual Report filed by next week.

On Affordable Housing, the Township is still waiting for a Third Round Petition Status.  The Township’s response was sent in July 2006.  He has a call into Shawn Thompson, COAH Planner, and out of 255 petitions, they have awarded 2 certifications.     The Mayor received a letter from the Borough of Roselle who wants to do an RCA with the Township, which is part of the COAH Plan.  The Mayor said he would like the Township to do 50% of the RCA.  He said he would be resigning as the Affordable Housing Officer at the end of 2006. The Third Round Petition will be the responsibility of the Land Use Planner, which should be reflected in the budget

He attended the Warren Morris Council Governments meeting on December 6th and there has been a lot of interest on the Township forming a Uniform Code Construction Office.

PAYMENT OF BILLS
Horensky made a motion to pay the bills, Mueller seconded.
ROLL CALL: Horensky, yes; Mueller, yes;  Strunk, yes; Dempski, yes. Kovacs had stepped out, returned after vote.

EXECUTIVE SESSION
The Mayor said the Committee would be going into Executive Session to discuss matters of contract negotiations and Finance was invited to stay for meeting.  (Break was taken from 10:10 p.m. until 10:20 p.m.)  Horensky made a motion to go into Executive Session at 10:20 p.m. for Contract Negotiations, Strunk seconded. All were in favor.

The doors were opened. Mueller made a motion to come out of Executive Session at 11:25 p.m, Kovacs seconded. All were in favor.

Glynn said, for the record, on police contract negotiations, the discussion will continue, because the proposal was not accepted by the Police Department.  On the Central Warren Municipal Court, they are still going to accumulate additional information and documentation from them and put together a complete summary as to all the dollars that the Committee feels that Washington Township is owed and try to resolve the issue without a law suit.

OTHER
Glynn reviewed the letter faxed to him this day from Attorney Robert Benbrook There is a mistake in paragraph two, which should read the buyer will pay or has paid a deposit of $110,000 to be held in an interest bearing account.  Glynn said, rather than have the Township try to find a bank that will pay 5%, if the Township is inclined to go along with this, he suggested they do the alternative, to deposit it into an interest bearing account at Unity Bank at their prevailing rate, which they keep.  Glynn said this a normal procedure, because of the length of time they can use the building, well over the year. The balance would be paid at closing.  The buyer’s obligation to purchase shall be contingent upon a satisfactory inspection of the premises by professionals of Buyers Choice within 45 days of contract. Time being of the essence, which said inspection shall, at buyer’s option, include, but not limited to, an environmental audit of said premises.  Strunk said he felt it was buyer beware, they bought the property and if there is problem comes up, they should have done their inspection before the closing. Strunk said it was made clear the selling of the building was “as is.”   There was discussion on having this inspection done right now. Glynn said it would have to be put in a contract.  Glynn said they are just making sure they are buying a piece of property that can be used for a bank. Kovacs said, there is no rush to sell the building and if the bank doesn’t want it, the Township still has the $110,000.  Elbassiouney said the Township should be keeping the interest, because they are housing the building for them for a year and a half.  Glynn said it is not their building. Elbassiouney said it is, because the Township is bound by the contract, it is their building once the new building is finished.  Glynn said they will not sign the contract unless the things in the letter, 1 through 6, is done. Kovacs said they should be doing their homework right now, so they are ready to move once the deed is turned over to them. Glynn said he agreed and the Township should counter them by putting time limits on this. Kovacs said if they are serious about buying the building, they should be going to the Land Use Board right now. Glynn agreed.

Horensky asked the Committee to review the RFP’s and have recommendations  ready for Reorganization Meeting.  The Mayor said some of them are incomplete and should not even be considered, they are incomplete.

Kovacs made a  motion to adjourn at 11:35 p.m., Strunk seconded. All were in favor.

Respectfully submitted,

Mary Ann O’Neil RMC/CMC
Township Clerk