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TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
February 15, 2005
TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
February 15, 2005
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 7:35 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: Dempski, present; Kovacs, present; Mueller, present; Strunk, present; Horensky, present. Township Attorney Edward J Glynn and Township Clerk Mary Ann O’Neil, were also present.
SALUTE TO FLAG
APPROVAL OF MINUTES
Strunk made a motion to approve the minutes of the Executive Meeting of January 18, 2005, Horensky seconded.
ROLL CALL: Strunk, yes; Horensky, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
Kovacs made a motion to approve the minutes of the Regular Meeting of January 18, 2005, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky, yes; Mueller, yes; Dempski, yes.
Horensky made a motion to approve the minutes of the Budget Meeting of January 28, 2005, Strunk seconded.
ROLL CALL: Horensky, yes; Strunk, yes; Kovacs, yes; Mueller , yes; Dempski, yes.
PROCLAMATION
The Mayor presented a Proclamation on 2005 Read to Kids Day.
ORDINANCES
Kovacs made a motion to open Ordinance 05-03 - Ordinance Amending, Revising and Supplementing Chapter 19 of the Code of the Town of Washington, Entitled “Industrial Commission” to the public, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky, yes; Mueller, yes; Dempski yes.
Nobody from the public wished to be heard.
Strunk made a motion to close the public hearing on Ordinance 05-03, Mueller seconded.
ROLL CALL; Strunk, yes; Mueller, yes; Horensky, yes; Kovacs, yes; Dempski, yes.
Kovacs made a motion to adopt Ordinance 05-03 on second reading , Strunk seconded.
Horensky said that Glynn had done some research on this ordinance and the Township Committee wanted to be clear on the powers of the Commission. Glynn said their powers are fairly broad and the goal is to promote the economic welfare of the area and municipality. If the Committee doesn’t like what is being done, they can pull them back or veto their actions.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky, yes; Mueller, yes; Dempski, yes.
Kovacs made a motion to open Ordinance 05-04 Ordinance Pursuant to Local Land and Building Law, NJSA 40A: 12-13/Kathy Enz to the public, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky, yes; Mueller, yes; Dempski, yes.
Nobody from the public wished to be heard.
Kovacs made a motion to close the public hearing, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.
Mueller made a motion to adopt Ordinance 05-04 on second reading, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes; Horensky, yes; Kovacs, yes; Dempski, yes.
Horensky made a motion to introduceOrdinance 05-05 - Ordinance Amending, Revising and Supplementing Chapter 432 the Code of the Township of Washington, Entitled “Alcoholic Beverages,” specifically Section 43-8 Entitled “Prohibitions Pertaining to Minors and 43-10 Entitled, Violations and Penalties, on first reading. Kovacs seconded.
ROLL CALL: Horensky, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Dempski, yes.
Public Hearing and Second Reading will be March 15, 2005.
Strunk made a motion to introduce Ordinance 05-06 Ordinance Approving the Vacating of the Alley in Block 24, between Caste Street and Kinnaman Avenue of the Tax Map of the Township of Washington, Horensky seconded.
ROLL CALL: Strunk, yes; Horensky, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
Public Hearing and Second Reading will be March 15, 2005.
Strunk made a motion to introduce Ordinance 05-07 - Ordinance Revising, Amending and Supplementing Chapter 71 of the Code of the Township of Washington, County of Warren, State of New Jersey, Entitled “Fees” and Adding New Subsection 71-1 Entitled ‘Municipal Court Discovery, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Horensky, yes; Kovacs, yes; Dempski, yes.
Public Hearing and Second Reading will be March 15, 2005.
Strunk made a motion to introduce Ordinance 05-08 - Ordinance Amending Chapter 64 -2 of the Development Regulations, Article 1 General Provisions and Word Usage of the Code of the Township of Washington, County of Warren, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Horensky, yes; Kovacs, yes; Dempski, yes.
Public Hearing and Second Reading will be March 15, 2005
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. Resolutions 05-37, 05-39, 05-40 an 05-41 were removed from the list. Strunk made a motion to approve Resolutions 05-36, 05-38, and 05-42 through and including 05-48, Horensky seconded. Kovacs advised that Resolution 05-49 had been voided by the CFO.
ROLL CALL: Strunk, yes; Horensky, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
05-36-36 Release of Washington Township Land Use Board Escrow
05-38 Resolution Supporting Senate Bill-1023 and Assembly Bill A-1835 (100% Reimbursement by State/Disabled Veterans)
05-42 Tonnage Grant Application Form
05-43 Tax Sale Certificate, Block 51, Lot 1
05-44 Tax Sale Certificate, Block 78, Lot 8
05-45 Refund Resolution, Wrong Municipality
05-46 Refund Resolution, Wrong Municipality
05-47 Tax Sale Certificate Redemption, Block 48, Lot 02
05-48 Pinnacle Reduction of Performance Bond
Kovacs made a motion to approve Resolution 05-37 Resolution Authorizing the Township Special Tax Appeal Attorney to enter into a Stipulated Tax Settlement Relative to the Tax Appeals Captioned Pechiney Plastics Packaging v.s. Washington Township. Tax Court of New Jersey, Docket 003337-2003 and 004654-2004 be approved, Strunk seconded. The Mayor said the settlement received will be $18,318 and clears any issues for 2005.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky, yes; Mueller, yes; Dempski, yes.
Strunk said that the reason that he had asked that 05-39 and 05-40 be pulled was that he agreed that the Public Works Manager is correct in assigning assistant foremen to help him alleviate his work load, but it is his feeling that they are adequately compensated now and in their normal course of duties should be able to perform this since they are on an hourly basis. The Mayor asked if the additional wages are included in the 2005 budget and they were. Kovacs asked why there were different numbers. de Boer said, in his absence there will be a $500 difference over the course of the entire year for Jeff and Andy will be totally in charge when he is not there and other times Andy will have the last say in matters. Strunk asked de Boer if he was going to provide something in writing so these facts are known as policies. de Boer said he could do so. Strunk said there must be something on the records. Horensky suggested that de Boer put together an organizational chart, which will show how this will work so everybody is aware of what is happening ahead of time. Kovacs asked if the Teamsters have any problem with it. de Boer said he, at the last monthly meeting, had a salary ordinance done that created up to three positions for assistant foremen and nothing was grieved, so he assumed that there was no problem with it. de Boer also asked that the positions be probationary for one year. Horensky made a motion that Resolution 04-39 Resolution to Authorize and Approve Salaries and Wages for Certain Employees (Jeff Cooper) and 04-40 Resolution to Authorize and Approve Salaries and Wages for Certain Employees (Andy Hart) , for a one year probationary period, be approved, Mueller seconded.
ROLL CALL: Horensky, yes; Mueller, yes; Kovacs yes; Strunk, no; Dempski, yes.
Horensky made a motion to approve Resolution 05-41 Resolution to Authorize and Approve Salaries and Wages for Certain Employees (Court), Kovacs seconded. Kovacs said he had a conversation with the CFO today and these salaries are back down to last years salary, plus 4.5% that the Township employees got, which was the agreement that Horensky initially had with the court. It did not agree with what they came back and told the Township after they told Horensky what was going to be done when an agreement was reached. Glynn said he has spoken with the Mayor and Attorney Broscious about an agreement, which must have a lot of detail and be definitive. Glynn said number of things will have to be discussed and a very clear detaiedl analysis about things such as utility costs, allocation of revenues received, covering salaries and the percentages must be done. Glynn said a meeting is scheduled with the Mayor and Attorney of Franklin Township, Court Administrator, the Mayor and himself within the next few weeks. Strunk said, based on his conversation of last months meeting, he has talked with Larry Adams and they would sit down and talk through some figures.
The Mayor said, for the record, there has never been a Services Agreement that has ever been signed with the two municipalities, it was an ordinance from Franklin Township.
ROLL CALL; Horensky yes; Kovacs, yes; Mueller, yes; Strunk, yes; Dempski, yes.
Horensky said he had hoped that he would be involved with this, because he is the liaison. It was decided that Horensky and the Mayor should attend these meetings and Strunk will step out of the situation at this time.
PUBLIC QUESTIONS & CONCERNS
John Noonan, 7 Merlin Drive, had a question about Resolution 05-48, Pinnacle Reduction of Performance Bond. Noonan asked what this means. The Mayor said, whenever a developer comes into a Township they have to post a Performance Bond. This will make sure if the developer goes out of business the Township could fix the roads, sidewalks and infrastructure. Noonan asked if he could receive a copy of the Engineers Letter. The Mayor advised Noonan to go to the Clerk’s Office, sign an OPRA Request Form and receive the information.
Jerry Bertrand, 17 Jockey Hollow Road, asked if there had been any progress in finding out what can be done with the left over funds in the performance bond. The Mayor said that he hopes to have the residents come to the Municipal Building for an informal meeting to get the Homeowners Association going and get an idea of what they want to do with the money (about $9,000). Bertrand asked that a sign be put in the area showing the access road.
OLD BUSINESS
1. Discussion/Deputy Emergency Management Coordinator Glynn said that previously the Township Committee made an appointment of someone to the position of Deputy Emergency Coordinator. Glynn researched this and advised it appears as though the Municipal Emergency Management Coordinator himself is the one that has the power to appoint the deputy, subject to approval by the Mayor. Also, when possible, the deputy is supposed to be appointed from among the Township Salaried Officers or Employees. Glynn said that what was done was different than what was required by the Statute. Strunk said that, because he is the one that made the initial appointment, he will put a call into Jim Vergos and ask for a resignation. Horensky asked Cef Garcia, Emergency Management Coordinator, if he felt a deputy was needed or wanted. There is already an agreement between the Township and the Borough and there is already an administrative clerk that relatively takes the position of the deputy for the administration end of things. Garcia said, he does not need one at this time. Horensky said, in this case, Vergos should be contacted and asked to resign. Strunk will see that this is done. The Mayor asked Garcia to notify the Township Clerk and the Borough when he would be out of town.
NEW BUSINESS
1. Frank Loughlin, Recreation Commission, said that he wanted to discuss the position of Recreation Commission Administrator position that had been discussed last month. The Commission has come up with an alternate plan, which is a more cost saving plan. Kovacs said that a letter had been distributed from Anna Godfrey, Administrative Secretary to the Township Clerk, who had been doing some of the work for the Recreation Commission already.. Kovacs asked Godfrey if she was interested in the position and she was. Godfrey would be available and is a resident of the Township. Godfrey already works as Administrative Secretary to the Clerk, so she would have to keep track of hours worked during her regular hours so there would not be a double payment of salary and put in extra time for those hours, by coming in early or staying late. She would need to keep detailed sheets of the time she has worked, whether at home, at work, meetings, evenings, Saturdays, etc. Strunk made a motion that Ordinance 05-09 be introduced creating this position, Horensky seconded. Kovacs said that Godfrey will be keeping track of her hours, which he didn’t think would run the amount as proposed by the Commission and the salary would be adjusted at the end of the year. It will be lower if less hours have been documented and details given. . Kovacs said he has talked with Godfrey and she knows this is a new area and they do not know what the hours will be, so it will be adjusted after the first year.
ROLL CALL: Strunk, yes; Horensky, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
Public Hearing and Second Reading will be March 15, 2005.
2. Loughlin said that a Committee was present to give information on the Horse Shoe Lighting for the Township. Dr Wasser, Recreation Commission Member, advised the Committee of the creation of the Association and the needs. Kovacs made a motion that money be provided for the lighting at the Horse Shoe Pit, $3400 for engineering fees and $2500 for permitting for this and walking trails, to come out of the park bond. Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.
3. Discussion/Lieutenant /Police Dept. Chief Mc Donald advised the Committee that a lieutenant position is needed in the department. The position was originally established in 1987, but this person is no longer with the department. The position of Lieutenant would be the person in charge of the department in his absence. The Chief said this person would stay in the rotation and the only time he would come out of rotation is in the chief’s absence. Horensky made a motion to create the position of lieutenant in the police department, Kovacs seconded.
ROLL CALL: Horensky, yes; Kovacs, yes; Mueller, yes; Strunk, no; Dempski, yes.
The Committee asked for a recommendation. Chief Mc Donald said he recommended Thomas Cicerelle. Kovacs made a motion Thomas Cicerelle be named as lieutenant of the police department, effective February 16, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.
Kovacs made a motion that Salary Resolution 05-49 be approved for Thomas Cicerelle, effective February 16, 2005, as lieutenant, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski ,yes.
Chief Mc Donald asked that the Committee go ahead with the leasing of the two police vehicles, as proposed in the budget. Kovacs said he had talked with the CFO and there is enough money in the temporary budget to proceed. Strunk made a motion to proceed with the leasing of two additional police cars, Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Horensky, yes; Mueller, yes; Dempski, yes.
4. Strunk made a motion to approve the request of the Public Works Manager to attend a seminar on NJSA 39 Motor Vehicles and Traffic Regulations on March 2, 2005, Horensky seconded.
ROLL CALL: Strunk, yes; Horensky, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
5. Horensky made a motion to approve the Raffle Application from Abilities of Northwest New Jersey on December 14, 2005, Strunk seconded.
ROLL CALL: Horensky, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
6. Comcast Grant - The Mayor said the Township has received the $15,000 Comcast Grant for technology purchases and there are items he would like to move on and get purchased in support of Affordable Housing Planning, Storm Water Management and Open Space Preservation. In particular, there is a Trimble GPS Unit, Arc View and Arc Pad, GIS Software and getting all the ordinances stored on line. There is an initial start up cost of $1,750 and additional $500 a year for maintenance each year. This would be a great service for the residents. Horensky said, on the Trimble Unit, the County has one, and rather than first going out and purchasing one, he requested that the County be contacted to see if they have units that the municipality could use. If they do not have one, then Horensky would not be opposed to purchasing one for the Township. The Mayor said he would be looking to purchase the ARC View (2 copies) and the on-line ordinance. Strunk said if the ordinances go on line, then there should be a disclaimer put on them that they may not be up to date. Strunk made a motion to approve the two requests made by the Mayor, Horensky seconded.
ROLL CALL: Strunk, yes; Horensky, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
6. Clerks Request - Horensky made a motion to approve the request from the Clerk to attend a seminar on Pay - to - Play on Friday, February 25, 2005, Strunk seconded.
ROLL CALL: Horensky, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
7. Kovacs made a motion that Kerry Pflugh, Chair Person of the Land Use Board, be given a key to the Police/Municipal Building, signing on receipt of same, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky, yes; Mueller, yes; Dempski, yes
REPORT FROM OFFICIALS
Barry Mueller said he attended the Warren County Environmental Commission meeting. They invited all the municipalities on the Super Fund Site to attend. There was an attorney present, who told those present what they should be doing. They came to the conclusion that they should see if the Freeholders would be interested in funding this specialist and then information passed down through environmental commissions. They are looking at a moratorium on building anywhere there is a superfund site. Mueller said if they agree to go forward they will contact local environmental commissions.
Mueller met with Pete de Boer, Public Works Manager, Robert Miller, Township Engineer, Tom Cicerelle, Police Dept and Dave Hicks and Barth Johnson of t the County Engineers Office. The meeting was regarding the intersection of Cemetery Hill and South Lincoln Avenue and intersection at Route 31 and Broad Street. About 2 years ago they were interested in putting in a traffic light at the intersection on Route 31, but today they were not as interested in doing so. This is probably due to the fact that there is going to be a traffic light put in at the end of South Lincoln down across from Hawk Pointe. Miller had several suggestions, but the County has nothing in mind at this time. The County did agree to do some traffic counts this summer.
RJ Strunk said that Robert Miller, Township Engineer, has a proposed meeting to go down to Trenton on the swale project at Old Canal Drive. Strunk wanted to make sure the Committee is interested in going forward and following through with this, because he is trying to keep a tight control on engineering money this year. Horensky said during the last few years he has received numerous calls regarding flooding as a result of the swale not functioning properly. Horensky said a resolution should be made on this matter. Strunk was looking for the endorsement of the Committee to do this. The Mayor said it is money well spent to get rid of a problem area. Mueller agreed that the Township should proceed. Kovacs said that he would have no problem with going forward, he just wants to make sure an engineer is not going down to Trenton and waste money. Strunk said this is the next step to complete this project. It was the consensus of the Committee to go forward.
Strunk said there is also the issue of Pohatcong Drive. The next step is really to go forward and have it engineered and get something done. Strunk asked if the Committee wanted to do steps to do this. Strunk said this has been talked about for a long time and will probably end up being a bonding issue. Horensky said he is in favor of going forward to do what has to be done. The Mayor and Mueller said they were alright with doing it Strunk said that Miller estimated it would be about $48,000 for the actual construction, plus engineering and some legal condemnation for easement. Strunk said the next step would be to have Miller give the Township a cost estimate on engineering. Kovacs would like to see what numbers the engineer will be coming up with. Strunk will be getting in touch with Miller for project costs, engineering costs and associated costs for this item.
Strunk said that a needs assessment and space assessment should be done on Brown and Brown. An architect must be obtained. A floor plan is needed for downstairs. Each department should be asked for their input on what their needs are. Strunk will get in touch with architect to see what needs to get done and get a quote.
Kovacs said he would like to do a walk through the building. Strunk will arrange a tour with Kovacs to share their various ideas that he has.
Michael A Kovacs had no report.
John A Horensky said that he had a meeting with Cef Garcia, Emergency Management Coordinator, to discuss the setting up of a second CERTS Program. Garcia is trained in leading this class.
Horensky said that a memo had been received from the Clerk regarding her taking on the responsibilities as Personnel Administrator under Municipal Excess Liability (MEL). The Clerk had done a survey of surrounding municipalities that have MEL and how they have been compensated. Kovacs said, that this could be handled as a salary stipend, such as the police get, half in June and half in December. He suggested this, because of not knowing how the budget would go and money could be transferred in November. The Clerk did not ask for compensation for work done in 2004, but that she be compensated as of January 1, 2005. Kovacs said that the title would have to be put into the Salary Ordinance, which could be done this evening. Kovacs said the that the Clerk should provide a detailed accounting of the hours above regular hours put in for the first year. Horensky made a motion that Ordinance 05-10 creating this position be approved, on a one year basis, with a salary resolution at the March meeting, Strunk seconded.
ROLL CALL: Horensky, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
Mayor David Dempski reported that on Affordable Housing he is working with the Land Use Board Planner Scarlet Doyle and COAH to address the Affordable Housing needs. He has developed a growth projection, which is being reviewed the Doyle.
On Open Space Committee, they have applied for an ANJEC Grant to cover 50% of the Open Space and Recreation Plan scheduled this year. They are also involved in the Route 57 Corridor Study.
On Youth Association, the spring registrations are under way.
The Mayor received a letter from the New Jersey Department of Office of Inter Governmental Affairs and they are looking for a designated municipal liaison for different issues in terms of family services, tackling budget short falls, etc. Horensky will be the liaison.
On the riparian buffer dilemma, a NOV was issued. They had started doing the repairs to the buffers behind Meadow Breeze Park and a call was received that a NOV (Notice of Violation) was issued. New Jersey Soil Conservation Group is taking care of this NOV.
Kovacs made a motion to go into Executive Session at 9:45 p.m. (with a short break) for litigation and personnel, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky, yes; Mueller, yes; Dempski, yes.
The doors were opened. Horensky made a motion to come out of Executive Session at 10:35 p.m., Dempski seconded. All were in favor.
PAYMENT OF BILLS
Horensky made a motion to pay the bills, Mueller seconded.
ROLL CALL: Horensky, yes; Mueller, yes; Kovacs, abstain; Strunk, abstain; Dempski, yes.
There being nothing further to come before the Committee Horensky made a motion to adjourn at 10:37 p.m., Strunk seconded. All were in favor
Respectfully submitted,
Mary Ann O’Neil RMC/CMC
Township Clerk
