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TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
December 21, 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 7:37 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. Edward Glynn, Township Attorney and Mary Ann O’Neil, Township Clerk were also present. Dempski was absent.
SALUTE TO FLAG
APPROVAL OF MINUTES
Kovacs made a motion to approve the minutes of the Regular Meeting of November 16, 2004, Strunk seconded. All were in favor.
Strunk made a motion to approve the minutes of the Executive Session of November 16, 2004, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Horensky, yes.
ORDINANCES
Kovacs made a motion to open Ordinance 04-15 Ordinance Amending, Revising and Supplementing Chapter 64 of the Code of the Township of Washington, Entitled “Development Regulations”, specifically Article H. Entitled “Administration and Enforcement”, subsection sixty four-eight Entitled “Fees and Deposits”, to the public, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Horensky, yes;
Nobody from the public wished to be heard.
Strunk made a motion to close the public hearing on Ordinance 04-15, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Horensky, yes.
Kovacs made a motion to approve Ordinance 04-15 after public hearing and second reading, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Strunk made a motion to open Ordinance 04-16 Ordinance Amending, Revising and Supplementing Chapter 1 of
the Code of the Township, Entitled “General Provisions,” specifically Article II, Entitled “Fair Housing Fees,” Subsection Three-Seven, Entitled “Residential Development Fees” and Three-Eight Entitled “Non-Residential
Development Fees”, to the public, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Horensky, yes.
Nobody from the public wished to be heard.
Mueller made a motion to close the public hearing, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes; Kovacs, yes; Horensky, yes.
Mueller made a motion to approve Ordinance 04-16 after public hearing and second reading, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes; Kovacs, yes; Horensky, yes.
Kovacs made a motion to open Ordinance 04-17 Amending, Revising and Supplementing Chapter 106 of the Code of the Township of Washington, Entitled “Streets and Sidewalks”, specifically Article I, Entitled “Excavations”, subsection Five, Entitled “License Fee and Deposit or Bond, to the public, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Horensky, yes.
Nobody from the public wished to be heard.
Kovacs made a motion to close the public hearing, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Horensky, yes.
Mueller made a motion to approve Ordinance 04-17 after public hearing and second reading, Kovacs seconded,.
ROLL CALL: Mueller, yes; Kovacs, yes; Strunk, yes; Horensky, yes.
Strunk made a motion to open Ordinance 04-18 - Ordinance Approving Entry into Multi-Jurisdictional Mutual Aid Agreement between Washington Township Police Department and Warren County Prosecutors Office, to the public, Kovacs seconded.
ROLL CALL:Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Nobody from the public wished to be heard.
Strunk made a motion to close the public hearing, Mueller seconded.
ROLL CALL; Strunk, yes; Mueller, yes; Kovacs, yes; Horensky, yes.
Mueller made a motion to adopt Ordinance 04-18 after public hearing and second reading, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes; Kovacs, yes; Horensky, yes.
Ordinance 04-19 - Ordinance to Amend an Ordinance Fixing the Salaries of the Officers and Employees of the Township of Washington, County of Warren, State of New Jersey, (Assistant Foreman) was cancelled by the Mayor. Position will appear on the 2005 Salary Ordinance.
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 said that Dempski had contacted him and he would like Resolution 04-155 be removed from list. Kovacs made a motion to approve Resolutions 04-126 through and including 04-154, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Horensky, yes.
04-126 Release of Driveway Performance Bond, Bl 45, Lot 14.02 (Carl Seneca)
04-127 Acceptance of Performance Bond (Ed Mark 31, LLC)
04-128 Reduction of Performance Guarantee for Charles Hicks
04-129 CFO/Transfer Resolution
04-130 Tax Sale Certificate Redemption Bl 6, Lot 5.01
04-131 Tax Sale Certificate Redemption Bl 6, Lot 5.02
04-132 Refund Resolution Bl 5, Lot 10, Apply 2003 Payment to 2005 Taxes
04-133 Tax Sale Certificate Redemption, Bl 6, 5.03
04-134 Tax Sale Certificate Redemption Bl 79, Lot 5
04-135 Tax Sale Certificate Redemption Bl 79, Lot 6
04-136 Acceptance of Performance Bond (AJR Engineering)
04-137 Release of Driveway Performance Bond (Wayne Egerere)
04-138 Release of Performance Guarantee for Charles Hicks
04-139 Release of Washington Township Land Use Board Escrow (W P Epstein Associates)
04-140 Corrective Action Plan
04-141 Amend Resolution to Authorize & Approve Salaries & Wages for Certain Employees (Phil Smith)
04-142 Tax Sale Certificate Redemption, Bl 79, Lot 7.03
04-143 Cancel Balance Less than $10.00
04-144 Cancel Overpayments Less than $10.00
04-145 Refund Payment Made In Error Bl 67, Lot, 5.03
04-146 Refund Payment Made In Error Bl 67, Lot 5.04
04-147 Veterans Exemption Block 67, Lot 72 (Ghilon)
04-148 Veterans Deduction Refund Bl 28.01, Lot 23 (Sofia)
04-149 Refund Resolution Bl 65, Lot 3
04-150 Tax Sale Certificate Bl 67, Lot 57
04-151 Refund Resolution Bl 38, Lot 22 C0084
04-152 Refund Resolution Bl 38, Lot 22 C0088
04-153 Resolution Supporting the Changing of the Affordable Housing Development Fees
04-154 Cancellation of Appropriations
The Mayor said Resolution 04-155 Cross Acceptance Report for Washington Township would be held until Dempski arrived at the meeting.
Strunk made a motion to approve Resolution 04-156 Refund Resolution, Bl 30, Lot 15, 15.01 & 15.02, Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
PUBLIC COMMENTS/CONCERNS
The Mayor said the meeting was now open to the public for questions and concerns which are not on the agenda and asked if anyone from the public wished to be heard. If so, they were requested to come to the microphone.
Richard Cotton, Asbury Farms/Hawk Pointe asked about Resolution 04-149, is this a refund resolution for Block 65, Lot 3? The Mayor advised this was correct. Cotton asked if this was for an overpayment in taxes. The Mayor said it was for an overpayment of taxes. The Mayor read the resolution which stated that the overpayment was to be authorized and directed to be paid to Pinnacle Hawk Point Company in the amount of $3777.86.
The Mayor asked if anybody else wished to be heard - there was none.
OLD BUSINESS
1. Request for Medical Benefits for Curt Pantuso - The Mayor said that Pantuso is an officer with the police department that was hired and at that point in time he had waived his medical benefits from the Township. There is a memo from the CFO dated December 2, 2004 to Pantuso which indicated that, he had waived medical benefits. Pantuso has requested partial payment, which is consistent with the PBA Contract for a patrolman’s position in the amount of $3,377. 85. Strunk said there was some confusion originally,
Pantuso had hoped he would be able to waive benefits, but when the Committee went to hire him they were informed that PBA would not allow him to waive benefits. The Mayor asked Chief Mc Donald if he could comment on this request. The Chief said that initially when Pantuso was presented to the Committee, one of the things that made it more appealing to hire him was the fact that he could waive benefits and he advised the Committee at that time he would do so. This was in July 2003. Then, between the time he made that statement and he was actually hired the PBA negotiated, as part of their contract, that if a person waives their benefits, then they are entitled to receive a percentage of the benefits back from the Township. Kovacs said this statement was always in the contract, but the percentage was changed. The Chief said the bargaining unit said this cannot be waived, it is part of the contract. The CFO said this is two separate issues, the reimbursement policy has been in effect for several years, but the percentage was changed in the last contract. It is not for someone waiving benefits the way Pantuso was waiving benefits, what he was waiving was, if I will be hired, I do not want any medical benefits. The waiving in the contract is if you and wife are both covered, instead of the Township paying for the family, you will voluntarily back down and say single coverage or no coverage. The CFO said Pantuso waived medical benefits entirely and the pay out is a part of the medical benefit package of the Township, where you can back down that reimbursement. The CFO said his issue is separate, he waived medical benefits, whether it be the payment or benefit itself. Kovacs said once he was hired full time, then he fell under the contract and the PBA says you cannot waive benefits. Chief Mc Donald said that Pantuso has coverage through the State Police. Chief Mc Donald read the portion of the contract about the waiving of benefits. After discussion, Kovacs made a motion that the benefits as requested by Curt Pantuso be paid, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
NEW BUSINESS
The Mayor said that the first five items on the agenda were from David Dempski who was not at the meeting yet, so Committee would start with Item 6.
6. Kovacs made a motion to approve the WTYA Request to use the Meeting Room at the Police/Administration Building on Friday, January 28, 2005 from 7 p.m. to 9 p.m. and Saturday, January 29 from 10 a.m. until noon, Strunk seconded. The Clerk asked if the Committee was going to use Saturday for a Budget Meeting. Kovacs said there would be a conflict on the 29th and amended his motion to state the WTYA could use the building at 2:00 p.m., Strunk seconded the amendment.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Horensky, yes.
7. Letter from Boak, re: Brass Castle Road between Kinnaman Avenue and Castle Street. Attorney Boak was present. Boak said he represented Blue Mountain LLC, Liability Company with a subdivision application pending before the Land Use Board. He was talking about Lot 24, between Castle Street and Kinnaman Avenue off of Brass Castle Road, but the problem is the lots that were created many years ago are 140' deep from Brass Castle Road back to a paper alley which bounds them all on the rear and passes through the middle of the block. They went to the Land Use Board with the subdivision application and asked for a variance because in the intervening years the lot requirement has now been expanded to 150' so there is a 10' deficiency on the lots. The first question that the Land Use Board asked if there was anything to do to correct this deficiency, what is the status of the paper alley which bounds the lots in the rear. A title search was done and it was found that the pedigree of the alley is a little gray in history. The deeds refer to the paper alley in the back as their rear boundary, but when the records of the Township and County are researched, there is no actual record of this every being dedicated to the Township or the Township accepting it. Boak said he was approaching the Township Committee to see what their intentions were in respect to this alley. Boak asked if the Township would be amenable to vacating the alley, in which case it could be joined to the existing lots and eliminate the need for a variance. Kovacs said the Township has been plowing the southern extension of Dale Avenue for years, with the assumption that it really was not a Township Road and it had never been accepted, but for the convenience of the houses, they have been plowing it. Kovacs said the alleyway in question goes right through the lot which is undeveloped right now on the southern side. Boak said that only the water company seems to make use of the alley to get into their station. Kovacs said the easiest thing would do would be to have paperwork prepared to clean it up, go ahead, vacate the alleyway and accept the southern portion of Dale Avenue to clear things up. Kovacs said there should be an ordinance done to do this, accept the one road and vacate the other one, if Boak’s client would be willing to pay for the paperwork. Kovacs said the Township should accept Dale Avenue and vacate the alley. Strunk said he was not sure, if the Township accepts Dale Avenue, if that would infer the Township would improve it then. Strunk agreed on the alleyway. Boak said his client would entertain paying for the paperwork on the alley. He will prepare a resolution for approval and send to Glynn. Glynn asked Boak to address the three points raised by Robert Miller, Township Engineer. Boak said he had already received County approval and addressed the private rights.
8. Richard Cotton - Future of Washington Township - Richard Cotton said the first thing he would like to ask about is that he had sent a letter over about two weeks ago about a court decision determining the status of the property taxes and asked if the Committee received it. The Clerk said anything received had been copied to the Committee. Kovacs said he remembered seeing a copy of the letter, so everybody must have received it.
Cotton said some time ago a letter was directed from the Committee to the Land Use Board about jurisdiction of a few issues, one being the jurisdiction of whether the Land Use Board had the right to hear it and whether the property taxes were deemed paid or whether they were not. Cotton said, according to the Judge’s Order, the ruling was made that the property taxes were paid and Evan Howell, Tax Collector, was to apply the taxes according to the ruling. They had the hearing and it was unanimous that the Land Use Board decided to grant the waivers. They also, prior to that, went through the same thing in 2001, where their property was basically put up for tax sale and it happened again in 2003 and 2004. Cotton asked where is the integrity of the Committee, is there a letter that is going to be drafted to the Township Land Use Board as it relates to the property and the issue the Committee took. Glynn said the issue was unresolved before the tax board ruled on it two weeks ago. Glynn said that now that the Tax Board has spoken, Howell has his direction. Kovacs asked what the problem was. Cotton said that twice the property was incorrectly posted for tax sale. Kovacs said he would not say incorrectly, Howell is following the guidelines that the State tell him to follow and that is what was done. The Committee does not direct Howell to put any property up for tax sale. He has very specific directions that he has to follow and he follows them. Cotton asked if Howell worked for the Committee. Glynn said that Howell is a constitutional officer whose mandate is governed by Statute. Kovacs said that Howell has duties set by the State. Glynn said that Howell did what he thought was correct, but the Tax Court has now ruled otherwise.
Cotton said the last time he was at the meeting in October he had sent a letter talking about trying to set up a committee to go forward to look at the tax issues, to try to look at the project at Hawk Pointe and go forward in a meaningful working relationship. Cotton said he was present to ask the Committee again to try to work on some of the issues that still seem to exist and will continue to exist unless there is an operating procedure to go forward on how to proceed. The Mayor asked if Cotton felt, if by establishing this Committee, that there could be some meaningful dialogue with regard to going forward with the project. Cotton said he did and it is imperative, especially if you view it as a customer and business relationship, because he is one of the Township’s largest customers.
Dempski came into the meeting at 815 p.m.
Cotton asked, to date, does the Township know how much they have spent in litigation as it relates to the taxes at Hawk Pointe. Kovacs said the Committee is responsible to do what they think is best for the taxpayers in the Township, so they have done that. Kovacs said that the Committee sat down years ago, back when the COAH was involved and Cotton purchased the property, they negotiated, talked and discussed, and Cotton decided to go ahead with a plan for 80 homes. It grew from 80 homes to 120 homes by the time approval was received and now it has grown another 80 or whatever the plan is before the Land Use Board now. So there were many planning meetings for years. Kovacs said so he does not understand how sitting down and talking about the future and projects is going to do at this point. Cotton said he respectfully disagrees. When he bought the property it was approved for over 500 affordable houses, Kovacs said it was 350. Kovacs said there was discussion and Cotton’s plan was 80 townhouses and it was age restricted, but when the plan came before the Planning Board at the time it was 120. Cotton said it is approved as a planned use development for 120 townhouse and 100 assisted living. Kovacs said that was the plan, but now it has gone from that to another 80. Cotton said that is the current plan, correct. Kovacs said his whole point was that there have been meetings for years, this has been going on since 1997. There have been many meetings and many plans, so he does not see what sitting down with the Committee and talking about the future of that project would accomplish. Cotton disagreed, because like all projects the Township is growing and things are different in the Township than they were in 1997. Cotton said whatever changes being made are beneficial to the Township.
Cotton said he said he thinks it would be beneficial to the Township and himself to keep in communication about all the different things, regulations that have changed environmentally, market conditions, COAH that has changed and a host of things that have changed. Kovacs said, to this point the Township has been in litigation, so they could not talk with him. Cotton said, how much money and time has been spent on the litigation route, doesn’t it make sense to sit down and talk about the property and project going forward. Cotton asked if it was the desire of the Committee to clear this matter up. Kovacs asked Glynn if the Township is done with litigation, Glynn said no. Cotton asked how much the litigation has cost so far. Dempski said he thought it was under $20,000. Dempski said what was taken in for taxes collected will justify itself. Cotton asked if this was the way the Township wants to continue to do business to collect the taxes. Kovacs said the Committee has an obligation to the tax payers to make everybody pay their fair share of the taxes. Glynn asked Cotton, since litigation has started, how much taxes has he paid. Cotton said about $1.2 million dollars. Glynn said, then it would seem that litigation was effective on the part of the Township Committee to make sure taxes were paid that were owed.
Cotton said, two days ago someone showed up at his property and there were surveyors on the property, unannounced and uninvited. Cotton asked if the Township sent them to survey the property. Glynn said, no, apparently someone had contacted Cotton’s attorney a day or two prior to that and indicated there would be a need for a survey, but didn’t say which day it would be. There was a dispute about where the line was or acreage. Cotton said, as respect he should have been called to see if they could come on to the property. Glynn said that Allen had faxed Cotton’s attorney prior to the survey people going on to the property, Cotton said he owns the property, not the attorney Glynn said, as far as litigation, there are two parallel tracks, litigation track and settlement negotiation track. The two attorneys that are handing this have exchanged very detailed and complex settlement offers. Glynn said the court has the case on its calendar and the court will not suspend a case. The answer is that the two attorneys involved in the case have a thorough knowledge of the issues and what needs to be done and are continuing with the settlement dialogue. At the same time, the case is moving forward to a trial date. The Mayor asked if there would be a detriment to either parties case if, as Cotton has suggested and Dempski indicated could be course of action, that heretofore has been discussed with attorneys, could it be expanded to include representation from the Township Committee to sit in and look at what has been going on between the attorneys. Then the Committee would have input into the discussion. The Mayor asked if, with regard to the negotiations going on, could it be expanded to include a member of the Committee. Glynn said he was sure, if they wanted to, they could get together with Allen, Feeney, Cotton and members of the Committee that would like to attend, as long as it is not a quorum. Strunk said this has already been done, the offer has been made, they are waiting for a response. (Ended 8:40 p.m)
(Break was taken from 8:40 p.m until 8:51 p.m.)
RESOLUTION 04-155
The Mayor said, now that Dempski was present, the Committee would go back to Resolutions. Resolution
04-155 had been pulled at the request of Dempski. Dempski said that the problem he has with the plan is on page 7, there some scary numbers. There is no build out date, when is the date of this build out. This is a major flaw. This is a very important date in terms of the COAH Plan. The second thing is that the figures show 7.8 million square feet of commercial space in Washington Township. This plan will be applied to the third round COAH certification and they will use these numbers to justify our new share in going forward for 2005 to 2014. An average idea for that 7.8 million square space, there would have to be 315 COAH units, in addition they are saying approximately 1200 additional units. So, you are talking about 400-500 COAH units and the Township only had 78 last time, so this form cannot go as it is. Dempski said he did a block by block breakdown trying to get the growth share from COAH. His estimation, without factoring in the stream buffer yet, he comes up with a total of roughly 11,040 if you subtract preservation efforts, it comes up to 1078. The current 2004 commercial development has generated 27 units for COAH. So if there is a total buildout of 1078 units that includes COAH units. Dempski said the numbers he comes up with are far less than the States. He has not done the County yet. Dempski said if the Township does not finish what he is doing now and have the Planner review it, the Township will be pegged into a huge COAH Obligation. Dempski said there are errors in it. Dempski said if they want to correct it and review it, Strunk asked Dempski what he suggested be done. Dempski said the numbers be reviewed and a time line put in with a build out date. Dempski said he needs to see the commercial numbers with various zoning requirements. The County needs to go back and reassess the square footage with the Township Zoning Requirements and our COAH requirements. Glynn asked if the Planner has seen it yet and she has not. Strunk said she had seen the plan submitted by Ivany and Pflugh. The Mayor did not think she has seen the County Plan. Strunk recommended that Dempski be allowed to communicate to the County that the Township feels the plan is incorrect and return unsigned until a correct analysis is done to the Township’s satisfaction. The Mayor agreed. Dempski said he will send them a letter giving the objections and try to have the planner review it. Glynn said the Township will have to make sure the Township Planner is up to speed on all the various interrelated considerations. Glynn said the Committee might give some consideration in having the Planner come up with a Comprehensive Overall Planning Issues for the Township over the next two or three years.
NEW BUSINESS
1. Dempski said a check was received from Comcast which represents two things. There is $15,000 for technology grants and a remaining $10,000 for high speed access. Dempski spoke with de Boer (DPW), Mc Donald (Police), Vergos (Fire) and Garcia (Emg Mgm) about their needs. The list included digital camera, projector and screen, GPS unit software and ESRI Ar Pad software, ESRI Arc View, costs associated with making the Township Ordinances on line and color tv and wall mount installed in Municipal Building lobby and the speed monitoring box.
2. Storm Water Management Plan 2005 Costs - Dempski said the Storm Water Management Plan/Master Plan Element is due April 1st. It has to be approved by the County two weeks prior to that. Dempski said that Robert Miller, Township Engineer, came up with a budget estimate to do a Storm Water Management Plan for $18,500. Dempski will provide as much help as he can to reduce this cost in terms of technical data. Dempski said the critical thing is that this has to be ready for a two month inspection by the County. So, it will have to start on January 1st to get done in time. The CFO said the Committee can award this to Miller under professional services at the Reorganization Meeting.
3. Request for funds/Obsolete Records- Dempski said that he had received an e-mail from Jo Ann Fascenelli, Deputy Treasurer, which stated that the she thought additional funding should be put aside to review the records in the basement. Strunk asked if she was referring to financial records. Dempski said she was referring to all the records on the basement. Strunk said he would not like to see any Planning
Documents destroyed. Fascenelli said that each department should receive funds so they can review their files. Strunk said he would rather see a scanning and filing program done, rather than a throw away system. The Mayor said there is a Records Retention Schedule of records that must be kept and what can be destroyed. The Clerk told the Committee that each department has received the schedules, but it is the matter of having the time to do it.
4. Traffic Solutions had been present, but had to leave. They will return at a future meeting.
5. Proposal for 2005 Budget - Dempski said he thoroughly researched the company of Nisvoccia and Company with other municipalities. All municipalities gave an excellent report on the company and they are always available to the municipality. They are accessible, responsive and very easy to work with. Dempski said he had talked with David Evans of this company, who came in with a proposal between $2500 and $3000 to assist in doing the 2005 budget. They are willing to come to the budget meetings and public presentations. Dempski recommended that Nisvoccia and Company assist in doing the 2005 budget. Strunk made a motion that Nisvoccia and Company be hired, effective January 1, 2005 to assist in the preparation of the 2005 budget at a amount between $2500 and $3000 and to do the 2005 Audit at $20,000, per the proposal, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Items 6, 7 and 8 discussed previously.
9. Request from de Boer/items from bond - de Boer said that he only needed item 1 and 2 approved. The Township Engineer has applied for a grant to work on the room. Kovacs made a motion to approve the request from de Boer to approve item 1) - Turbine blower attachment for Road Side Mowing Tractor From Storr Tractor for $4,750 and item 2) balance of Sod cutter from Frank Rymon and Son for $1500, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
10. Charles Harmon, resident/sinkholes - Harmon, 2 Tamzen Terrace, came before the Committee in October and brought up the sinkhole issue. Harmon did receive two correspondences from Robert Miller, Township Engineer and a letter from ABD. Harmon said it was ABD’s responsibility, that it should be part of the performance bond and should be taken care of. Harmon said there were statements made by Colleen Milley of ABD were incorrect. Milley was eluding that he had done some excavating and landscaping around the area. This has nothing to do with that, it is over 200' away and the sinkhole there is within 6' of the previous one that was supposed to be remediated by them in August 2002. Harmon said he had called Milley regarding this and she said that ABD’s lawyer wrote a letter back to Robert Miller and this is the last he heard. Harmon said he hoped the Committee was aware of the letter that went back to Miller. Strunk got Harmon’s telephone number. He will call Miller to see if he has received the correspondence and have Miller get in touch with Harmon. Dempski said the that possibly Glynn should work with Miller on going over the maintenance bond to see if sinkholes could be put into it. Strunk asked if Glynn could check with Miller on this matter.
12. Reorganization Date - Strunk made a motion that Saturday, January 1, 2005 at noon be the date and time for the 2005 Reorganization Meeting, Dempski seconded. All were in favor.
REPORT FROM OFFICIALS
Barry Mueller had nothing to report.
RJ Strunk met with Robert Miller, Township Engineer and Pete de Boer, Public Works Manager, to discuss the swale on Bowerstown Road between the old and new development where the people are getting flooded. Miller has come up with an action plan and is going to talk with DEP about trying to get some idea if they will allow the remedy suggested that has to be done. Miller submitted a rough estimate on Pohatcong Drive drainage where debris went into the pool, which was roughly $49,000 to have the work done and it would require getting easements. This would have to be in next years budget to take care of these projects.
Strunk said he talked with Attorney Broscious today in regards to Center Designation. There has been more response from Pitney Hardin. Broscious wanted to know if he could meet with Dempski and Strunk to go over the response. There was no objection from the Committee.
Strunk said the Township had been awarded $90,000 to take the hump off of Rymon Road.
Michael A Kovacs said he wanted to set the salaries for 2005, but did not have the CPI number. The salary raise was always based on the CPI number, plus 1%. Kovacs would like permission to do this and do the salary ordinance, which would not exceed 4.5%. Strunk made a motion that Kovacs be authorized to proceed with the 2005 salary ordinance, based on CPI, plus 1%, not to exceed 4.5%, per any bargaining agreement and all employees to get the same as highest bargaining unit, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
de Boer had requested that his 5 remaining vacation days be brought forward into 2005. This is something that is usually brought to the liaison who approves it, per the policy manual. Kovacs made a motion to approve de Boer bringing 5 vacation days from 2004 into 2005, Strunk seconded. All were in favor.
Kovacs discussed the police overtime for the road jobs and how it was paid. The CFO said that it would still be budgeted the way they have been doing it, but instead of the revenue being taken in being put into current fund, it will be put in a trust to offset the deficit that ends up in police salary and wage. Kovacs made a motion to approve Resolution 04-157, To Establish Dedication by Rider on Police Outside Overtime, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Strunk, yes; Horensky, yes.
The CFO said, on the special litigation, the amount set for this was $80,000 and from the bills coming in within the last two months, it is up around $160,000 right now. After discussion, Kovacs made a motion to approve Resolution 04-158 for an Emergency Appropriation outside of cap next year, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes.
David Dempski said he had attended the League of Municipalities Conference in November to attend the COAH Seminar, which was very interesting.
The Township had been awarded the Riparian Restoration Program from New Jersey Conservation and Development. Dempski, Strunk and de Boer will be meeting with them tomorrow to go over the actual planning of this.
Dempski has been working with the Zoning Officer and Tax Assessor to develop an Affordable Housing
Development Fee Practice. Dempski asked for any input by the end of the year, because he wants to send it down to the DCA in Asbury to say here is our policy. He is going to make the procedure as simple as possible. He plans on sending it out to people that have submitted residential site plans and have not started a development yet, which should bring in some money for 2004. Going into 2005, he thinks it should go to the Land Use Board so there is no surprises, when you break ground, you have to pay development fees to fund the Housing Trust Fund. He plans on sending this to the State as soon as possible.
Dempski said there was a meeting on December 16th on Public Assistance. There are 10 clients and 3 are employable.
On Affordable Housing, he has started to work on some COAH costs to get to where we will be and our obligations will be. The COAH Resolution must be sent to the State. The third round rules were approved on December 18th.
Dempski reported, on Recreation Commission, they received over 10 resumes for the Recreation Administrator position. A subcommittee has been formed with Ray Berry, Frank Laughlin and Richard Flint to interview the candidates and check the references in January. The restrooms have been started by the pavilion. They are looking into high magnetic locks for the restrooms. Also, they are researching portable ice rinks.
On Open Space, there was a meeting on November 18 and December 16, they have had guest speakers from Green Acres, Morris Canal and Musconetcong Watershed Association. They have completed the digital open space inventory. They created GIS data for all the open space, farmlands and public lands. They also photographed all the properties they had.
On WTYA, basketball is under way. They are doing sign ups for spring sports in January. He had a handout which compared sports registrations in 2003 and 2004.
Mayor John A Horensky said the contract has been signed on the Brown and Brown Building and the closing is Thursday. Strunk asked about the roof. The Mayor said, if anything major happens while Brown and Brown are in the building, they will take care of paying for it. Strunk asked about the leaks that were identified. The Mayor said they were told they were old leaks and there was no evidence of new leaks. Strunk asked if there was a leak, is there something in writing that they will fix it, Glynn said yes. Strunk asked about the tank certification for the oil tank. The Mayor said it had been received. Strunk asked who would be picking up the utilities, the snow removal and lawn maintenance, Brown and Brown is doing them. Strunk asked if the Township can get into the building and work on the first floor and has a Hold Harmless Agreement been signed. Glynn said there is a property damage clause in the contract. Glynn said the Township can go in and do the work, they are not concerned about the noise being made by workers. Strunk asked who is picking up insurance for the building, Glynn said Brown and Brown are continuing their coverage and the Township is putting it on the Township policy as well. Glynn said the previous survey was certified.
Chief Mc Donald asked if the issue of Curt Pantuso could be discussed. The Mayor said that Pantuso was hired by the Township and is on disability from the New Jersey State police. Pantuso was collecting a
partial pension from them. The Township just received notification today that since he is in the Police Pension System, he cannot collect the State Pension - or - if he continues to collect the State Pension, he cannot be in the Police Pension System, which means he cannot be a full time police officer in the Township. Glynn said he could be a part time policeman. Glynn said he is researching the dividing line between a full time officer and part time officer.
The Mayor said in Pantuso’s situation, it is a little complicated. He is also being reviewed again by the New Jersey State Police to find out if he should get a full pension. Mc Donald said, normally one of the things he would be asking tonight would be, if he cannot work as a full time employee, he needs to be replaced with someone full time. However, between now and February the State Police will make a decision on whether he receives 66 2/3 pension, which if they do, he would have to resign. Mc Donald said that between now and then, he would like to keep Pantuso on as a part time employee. Mc Donald said Pantuso knows he will not be entitled to benefits. Mc Donald said he thinks that Pantuso could still work a 40 hour work week, because he knows he cannot be a full time employee. Glynn will research the question on what part time is. Kovacs made a motion that effective immediately, Curt Pantuso will be made a part time police officer, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes
PAYMENT OF BILLS
Strunk made a motion for the approval of bills, Dempski seconded.
ROLL CALL; Strunk, yes; Dempski, yes; Kovacs, abstain; Mueller, yes; Horensky, voted yes on the bills that he signed.
EXECUTIVE SESSION
Kovacs made a motion to go into Executive Session at 10:42 p.m., Strunk seconded. All were in favor.
The doors were opened. Strunk made a motion to come out of Executive Session at 11:16 p.m., Dempski seconded. All were in favor.
Glynn asked that the record reflect that he gave an update on the Baker Litigation, Asbury Farms Tax Appeal and Apgar Litigation as to the present status and some events that will occur in January. Also, he referred to his letter of December 3rd regarding Virginia Tarsi notifying her that her employment will be terminated as of January 5, 2005. Also, the Committee met with Catherine Gangaware, CFO, to address concerns about her certification. She will provide documentation to the Township Committee and will hopefully get all those issues resolved very shortly.
There being nothing further to come before the Committee, Strunk made a motion to adjourn at 11:16 p.m., seconded by Dempski. All were in favor.
Respectfully submitted,
Mary Ann O’Neil RMC/CMC
Township Clerk
