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TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
February 17, 2004
The regular meeting of the Township Committee was held this date at the Municipal/Police Building located on Little Philadelphia Road. The meeting was called to order at 7:40 p.m. by Mayor John A. 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 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
Dempski made a motion to approve the Reorganization Minutes of January 1, 2004, Kovacs seconded
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Kovacs made a motion to approve the Regular Minutes of January 20, 2004, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Strunk, yes; Horensky, yes.
Kovacs made a motion to approve the Executive Minutes of January 20, 2004, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Strunk made a motion to approve the Budget Minutes of January 24, 2004, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Dempski, yes; Kovacs, yes; Horensky, yes.
ORDINANCES
Dempski made a motion to open 04-02 Ordinance to Exceed CAP Index Rate to the public, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes. Nobody from the public wished to be heard. Mueller made a motion to close the public hearing, Kovacs seconded.
ROLL CALL: Mueller, yes; Kovacs, yes; Dempski, yes; Strunk, yes; Horensky, yes.
Mueller made a motion to approve Ordinance 04-02, Kovacs seconded.
ROLL CALL: Mueller, yes; Kovacs, yes; Dempski, yes; Strunk, yes; Horensky, yes.
Ordinance 04-03 Ordinance Amending, Revising and Supplementing Chapter 71 of the Township Code of the Township of Washington, County of Warren, State of New Jersey, Entitled “Park Fees” Kovacs made a motion to approve Ordinance 04-03 on first reading, Strunk seconded. Glynn said he had put in the increased rates for some of the charges that were proposed for the pavilion and there is an ongoing question on whether or not a group or family would be utilizing the pavilion would have to post Certificate of Liability or provide proof of coverage of insurance. Glynn said that would not necessarily be covered under a Home Owners Policy. The question has come up about family reunions, weddings, etc., that wants to have an outing for a day - would it be necessary for the entity or organization to provide a Certificate of Insurance. This needs to be discussed and a decision reached as to whether this should be included somewhere in the fee ordinance. The Mayor said this had been discussed in length during 2003 and he thought it had been left that if individuals wanted to reserve the pavilion they had to follow through with the requirements for insurance. If they showed up and were at the pavilion, they did not have to have it, but if someone showed up they did not have exclusive use of the pavilion. There was discussion on the pavilion being used by everybody. Sharon Cooper, Brown and Brown Insurance, was present and said the Township has $5,000,000 of liability.
Richard Flint, Secretary of the Recreation Commission, said there had been lengthy discussions in March 2003 and the decision was made that they really could not allow individuals to reserve the pavilion, because insurance was required by anyone using it. The Recreation Commission does not like this and feels that anybody should be able to use it. It is not an issue with organizations, they have insurance. There were two individuals who had requested to use the pavilion, one for a graduation party and one for a wedding reception and his response was they were welcome to use the pavilion, but if someone else is using it there is nothing that can be done. They both said they would have to know. Flint asked if they could somehow allow individuals to use the pavilion without providing a Certificate of Liability. Glynn said it should still obviously be gotten when it can be done. Flint said several municipalities in the area do not have limitations on its use and it is not fair to the public. Flint asked the ruling of last year be reconsidered and allow reservations be made without insurance. Flint said with the ball fields and tennis courts, the only fees charged are to organizations and insurance is posted. Glynn said he had reviewed minutes from 2003 in which the Hold Harmless Clause had been discussed. Strunk asked if this was something that would stand up in court and Glynn said yes, if it is properly drafted and very specific. Flint asked Glynn if he could draft something like this and he could do it. Glynn said that the Hold Harmless Clause does not guarantee the Township that they will not be sued. Second Reading and Public Hearing will be March 16, 2004.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes.
Kovacs said he felt there should be a motion on the formal decision on changing how this insurance is going to be handled in the future. Kovacs made a motion to include in the Fee Ordinance a Provision that says that the request for the use of the pavilion will set forth Hold Harmless Indemnification Language by the party reserving the pavilion whereby they would hold the Township harmless for the use of the pavilion, Strunk seconded. The Mayor asked if this will amend the ordinance or is this separate and apart from the ordinance. Glynn said it should be included in the ordinance. Glynn said he could prepare a separate and amended ordinance and change the request form presently being used. The motion for this amendment was withdrawn by Kovacs, seconded by Strunk.
Kovacs made a motion to pass, by title only, Ordinance 04-04 Fee Ordinance to include insurance provision and Hold Harmless Clause, Strunk seconded. Second Reading and Public Hearing is March 16, 2004.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes.
RESOLUTIONS The Mayor advised that any item for discussion should be removed prior to approval. Otherwise, one motion will cover all items on Consent Agenda. The Mayor asked that Resolution 04-24 be done separately. Dempski asked that Resolution 04-25 and 04-26 be removed. Dempski made a consent motion to approve Resolution 04-27 through and including Resolution 04-36, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes,
04-27 Establishing a new Petty Cash Fund
04-28 Change in Custodian of Petty Cash Fund
04-29 Change in Custodian of Petty Cash Fund
04-30 Release of Washington Township Land Use Board Escrow, Felix Raytsin (Pro Soccer Academy)
04-31 Release of Washington Township Land Use Board Escrow, Dale Coleman C Variance Bl 46, Lot 2
04-32 Release of Washington Township Land Use Board Escrow, Weeping Willow Garage, Bl 40, Lot 15
04-33 Release of Washington Township Land Use Board Escrow, Carol Anema, Bl 79, Lot 1
04-34 Tax Sale Certificate Block 43, Lot 23
04-35 Refund of Payments made to Municipality
04-36 Release of Driveway Performance Bond, Kenneth Boucher, Bl 17, Lot 2
Kovacs made a motion to approve Resolution 04-24, Introduction of 2004 Budget, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Strunk, yes; Horensky, yes.
Kovacs said that Dempski had pointed out some errors on the first page of the budget, the term of the Mayor, Attorney’s name and Kovacs name was Mike, not Michael. The Clerk said this had been noted and had been changed on the copies. Public Hearing should be March 16, 2004, but the State is involved this year, so Randy Nelson will have to advise the date.
Mueller made a motion to approve Resolution 04-25, Rescinding Petty Cash Public Assistance/Post, Kovacs seconded. Dempski questioned the reason for Resolutions 04-25 and 04-26, why are they being removed and who requested it. The Clerk said it was due to the fact that the CFO was cleaning up old paperwork. This petty cash had not been allotted for many years.
ROLL CALL: Mueller, yes; Kovacs, yes. Dempski, yes; Strunk, yes; Horensky, yes.
Dempski made a motion to approve Resolution 04-26, Rescinding Petty Cash Public Assistance, Theis, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
PROCLAMATION
The Mayor signed a Proclamation Designation March 2nd as America’s Read to Kids Day, which will be sent to all the schools in the township.
PUBLIC CONCERNS & QUESTIONS (8:03 p.m.)
Nobody from the public wished to be heard.
NEW BUSINESS ((Item 4)
The Mayor said that Sharon Cooper, Brown and Brown, was present to discuss new requirements on the Township Policy Manual and he would like to take, New Business, Item 4 at this time. Cooper said that early in the fall the Public Alliance Insurance Coverage Fund was faced an increase in their reinsurance premiums, as well as renewal for Public Officials Liability and Police Professional Liability. The insurance companies were threatening to increase premiums substantially and put more restrictions on the policies. The Public Alliance Insurance Fund went out to seek other reinsurance coverage. They actually found the Municipal Excess Liability Fund (MEL) to reinsure the Public Alliance Insurance Fund at a competitive rate with comparable coverage, so they would not be facing a 50% rate increase. However, by joining MEL they needed to address Employment Related Practices and Liability. A manual and cd was given to the Clerk, which included sample policies and procedure for employment related practices. At that time, the Clerk gave Cooper a copy of the Policy Manual now being used by the Township. On the request for policy and procedures, there is a minimum of 33 which must be in effect. In going through the Township Policy Manual, there are 25 already in effect. In addition to getting the manual updated, the Township has to name a Personnel Administrator who is someone that will keep all records of all personnel employed by the Township. This manual, once updated, must be sent to Brown and Brown and should be done by July 1, 2004.
They will review it and if they want changes they will notify Brown and Brown. In addition to that, there will be additional training sessions during the year, which will be mandatory training sessions for supervisors. In addition, there will be seminars for public officials to attend, which will not be mandatory. However, if officials choose to attend there will be a $250 credit on assessment, up to 25% of the Public Officials Liability Premium.
Cooper said, what prompted this was that there was a law suit against a municipality where they had no policy and procedures in effect. The fund had no defense for it. This is why they are requiring it now, because there are so many employment related practices, and law suits and without the policy and procedures there is no defense.
Glynn asked Cooper if there were any endorsements or types of coverage that are available that the Township does not have now. Cooper said the Township needs to look at an Environmental Liability Policy and Mold Policy. These are two policies that the Township does not have that they should be exploring. These are exclusions on current policy.
Glynn was authorized to get the information from the Clerk and put the new Policy Manual together.
The Mayor asked Cooper to provide quotes on the insurance that the Township is missing. Cooper will work with de Boer on getting this together.
OLD BUSINESS
1. Richard Flint, Secretary of Recreation Commission, said the restrooms project is moving ahead slowly. They need to get a variance from the Land Use Board because of proximity to the Brass Castle School Property. This is delaying things and will be probably need some fees and a little bit more engineering help. The Commission will probably be coming back to the Committee asking for more money for this. There was discussion on the Township being exempt on something like this. The Mayor said they would go before the Land Use Board as a courtesy presentation. Flint said they are on the Land Use Board Agenda for March 10th and he is trying to get everything ready. Strunk told Flint to get a copy of the denial from the Zoning Officer to the Clerk to send to Glynn, who will call the Land Use Board Attorney to discuss the matter.
2 & 3 de Boer said that he was present to speak on Robert Miller’s behalf, combining both reports together. There is an upcoming deadline to meet, being March 3rd, which is the first paperwork that must be submitted to the State on New Stormwater Regulations. There is a meeting set up on February 24th with Washington Boro to discuss this. Miller is engineer for the Boro as well as Township. de Boer said there is the possibility of working together with the Boro and GIS. de Boer said one of the Bulk Regulations that effect us up front is identifying and marking all of the catch basins, pipes, retention ponds, etc. throughout the Township. de Boer has also contacted Phil Iwaniszyn, Environmental Commission Chairman, on this matter. There is grant money available, but must be submitted through the Environmental Commission. All new developers also have to comply with regulations on catch basins, ponds, etc. They have to be added on to the inventory and taken care of. de Boer said the Township has to name a Stormwater Manager and pass ordinances too, so there will be costs involved.
de Boer asked the Committee if they wanted Robert Miller, Township Engineer, to submit the first paperwork that needs to the State by March 3rd. The Mayor said there are a few issues to discuss, one being who is going to be Storm Water Manager for the Township. Then, whoever that person is, the Mayor would ask the Committee to authorize that person to sign first paperwork. de Boer said that included in the Stormwater Regulations are reports and annual education to the Township. There are guidelines to do the education to the public. Strunk asked if Pete could be named Stormwater Manager, because he is being paid already. Kovacs said that de Boer could do it with any as necessary assistance from Miller. The Mayor said he would prefer it be a Township Employee as opposed to a consultant.
The Mayor suggested that de Boer look into whether the County is doing anything, because they have already done GIS work. de Boer will contact the Warren County Public Works Department to see what they are doing.
de Boer said he could fill it out, its just an application and he could submit in behalf of the Township if he is directed to do it. If not, then de Boer said they should direct someone to do it by March 3, 2004, either himself or Miller. The Mayor said he is in favor of de Boer doing it. Strunk said if they must name a Stormwater Manager right now, then he was in favor of naming deBoer. If he needs assistance from Miller, then he would be authorized to do so. The Mayor told de Boer to keep Kovacs in the loop on what is happening. Strunk made a motion that de Boer be appointed Stormwater Manager and be directed to fill out the application/report that is due by March 3, 2004 and if he needs to contact Miller for additional help that he do this and liaison through Kovacs, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
4. Discussion/Comcast Contract - Glynn said that there was an ordinance proposed by Comcast several months ago. He has called the Comcast Representative several times and they have not connected. This ordinance has been adopted by other municipalities that do business with Comcast. Glynn has gone over the ordinance, which provides for free hook ups in schools, municipal building, police department, department of public works and administration building. Glynn will contact Comcast and go over the questions that the Committee had at this meeting.
NEW BUSINESS
1. Resident, Ken Waldner, 26 Kayharts Lane, had submitted a letter, with pictures, to the Township Committee on drainage problems. Waldner said he had lived in the Township for about 9 years and through the years there has always been a run off problem from the fields behind his house. Over the last year, due to the construction of a home behind him, it has exasperated the problem. This year has been a rainy year and any significant rain inundates his property with a stream. A week ago on the February 6th his sump pump burned out and he had 6" to 8" of water in his basement. Strunk said he will look into this and will meet with the resident.
2. Review of Earth Tech and ENSR Proposals. The Mayor said that he had made the Committee aware at the last meeting that employees of Earth Tech that had been involved with this over several years had left the company and gone to ENSR. Both proposals had been submitted to the Committee for review. Demspski had spoken with both companies. Dempski said that ENSR was unaware that there were two additional wells added by the DEP to EarthTech so they had to revise their proposal. Dempski did a comparison as follows:
Case 1
Both proposals include new monitoring wells MW12 and MW13. Sampling is done in March, June, September and December. ENSR’s proposal was $27,305 and EarthTech was $34,490, which was a savings of $7,185.
Case 2
ENSR will charge for a reduced program monitoring application to the NJDEP and then the costs to implement that. ENSR would do March monitoring. Reduced Scope Monitoring NJDEP Application work and remaining reduced score monitoring. ENSR would be $19,050 (or $25,635 with June Monitoring. Savings vs Earth Tech was $15,440 ($8,850 with June monitoring). Sampling would be done in March and September, pending NJDEP approval. June monitoring is not included.
Two caveats are:
1) If NJ DEP grants conditional approval, June monitoring may need to be included, which would add additional costs, approximately $6,585.
2) If NJ DEP disapproves the application, the total cost for the Township would then be $39,835 or an increase of $5,345 over Earth Tech.
Case 3
Existing Monitoring and Apply for Reduced Monitoring
ENSR Monitoring is $27,305/ENSR Application is $5,345. The total is $32,650 or a savings of $1,840 over using Earth Tech. This method will still save money and makes an attempt to save greater money by reducing the scope of monitoring for 2005. This also alleviates the chance of incurring added expenses for conditional approval requiring June monitoring.
Dempski recommended Case 3, because the Township would still be saving money and taking advantage of trying to reduce it further for 2005. Dempski said both firms are qualified in terms of their experience and capabilities.
Dempski made a motion that ENSR be hired for the DPW Site, monitoring to include the full year monitoring, plus the application to the DEP for the reduced monitoring as proposed in their letter of February 16, 2004 detailing the costs, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
de Boer will try to work with the CFO on possibly getting a grant to help with these expenses. Strunk will get information to de Boer on someone that may be able to help with the grant.
4. A letter was received from David Dech, Planning Director, asking the Township Committee to designate a cross-acceptance team, up to four persons, with one member being a member of the governing body. The Mayor will indicate to Dech that he will represent the Township Committee. He will look into getting representation from the Land Use Board and Environmental Commission.
5. Kovacs made a motion to approve the amendment to the raffles for March 31, 2004 for the Warren Hills Wrestling Club, Strunk seconded. All were in favor.
6. Kovacs made a motion that the Panthers Football Team be allowed to use the Police/Municipal Building on Friday, March 5, from 6:00 p.m. to 8:00 p.m; Saturday, March 6, from 9:00 until 2:00 p.m.; Friday, March 19 from 6:00 p.m. until 8:00 p.m. and Saturday, March 20, from 9:00 a.m. until 2:00 p.m., Strunk seconded. All were in favor.
A break was taken from 9:05 p.m. until 9:22 p.m.
REPORT FROM OFFICIALS
Barry Mueller said he and the Mayor had met with Robert Goltz the new Executive Director of the Chamber of Commerce. He is very interested in economic development in the Township. The County has contracted with the Chamber of Commerce for economic services. So, anything along those lines is available to the Township as part of that contract.
Mueller has spoke with Ralph Dorio, Chairman of the Fire District, regarding the fire trucks. The Committee needs to adopt a resolution turning over the fire trucks to them. Dorio had been under the impression that their attorney (Braslow) would do the resolution, but Braslow did not feel he should do it. Glynn asked if they were talking about a Command Vehicle and tanker. The Mayor said it would be 2 pumpers. Mueller said there are two trucks (2 pumpers) that need to be turned over to the Fire District. Strunk said something will still have to be done for the Command Vehicle and the Pierce Truck. Glynn asked if the Committee wanted to limit it to the 2 pumpers. After discussion, Committee will have to figure out what they want to do about the Command Vehicle, because the Township purchased the Command Vehicle. The Committee will be giving it to the Fire District and the Fire District will pay the Township back for it. Mueller said that the CFO has all the figures and vin numbers.
Mueller said he also has had some complaints about the Warren Reporter being thrown on lawns and asked if there was an ordinance to cover this. After discussion, this was not really considered littering and there wasn’t much could be done.
Richard J. Strunk had nothing to report at this time.
Michael A Kovacs said the Police Contract has not been signed yet. It is ready to be signed. They still have to do the Rights of Officers that Glynn will get involved in. The contract can be signed, as is, and the Rights Issue can be settled at a later date. The gym membership came up again. Kovacs had asked an officer to go to Gibsons to see if they could get a package deal. The insurance does not cover it. Mc Donald said that it would be 10 officers and the price is $410 per year for each officer and there is no discount. The Committee has already said no once to this request and it would be another expense that has not been budgeted for in 2004. Mc Donald said they also discussed splitting the fee with the Committee. Mc Donald said, if the Township accepts the $105,000 contract for covering the Division of Motor Vehicles, then possibly this money could be used to cover gym membership for the men.
Kovacs said, on the overtime for the Public Works Department, the CFO has given a sheet of expenditures to Committee.
Kovacs said the salt shed wall has come down. Robert Miller, Engineer, looked at it. They moved the salt away and got the wall back up. Strunk will talk to de Boer about this later.
Kovacs said the Township has been contacted by Green Acres regarding the Morel & Segal Site. As part of Green Acres requirements on farming they want a 5 year plan. Roger Wolf has been the Farmland Manager for several years. They pay Wolf $1 a year for a service. Wolf has been donating approximately $3500 to the Township, which was what he had contracted previously with Morel & Segal. The State is now requiring a Professional Service Agreement on a 5 year contract deal. Kovacs passed out a copy of the contract which was just done by the CFO, but there is a paragraph that must be changed. Kovacs recommended that the Service Agreement be retroactive to January 1, 2004 to satisfy the State requirements. It would be a five year contract. Kovacs said he would like to see the monies received put toward the recreation fields, which would help de Boer with the fields. Kovacs said the CFO may have already been dedicating this to the Recreation Commission, but he was not sure. Kovacs said the money should be dedicated back into maintaining the park. Flint would like to see this land made into ball fields, but Kovacs said that it cannot be done, because of Green Acres Regulations, which says it must remain farmland. The Mayor said he thinks the grant should be revisited to make sure language is correct, so they know exactly what they can do with the land. After discussion, two changes were to be made in the contract. The wording unless the Township changes the use within the five year period and the % must be taken out and the amount $3500 be put in. Dempski asked, previously there were people from the Warren Hills FFA that came to the meeting and said they would like to farm that field. Kovacs said he would talk about this in Executive Session. Dempski said he did not think this contract should be automatically renewed. Kovacs said this wording would be removed. Dempski said, as long as it is on the record that the Committee was approached by the Warren Hills FFA. Kovacs said it can be renewed in five years, it is not automatically renewed. Dempski said that he would like to point out that the Committee was approached by the Warren Hills FFA to farm this land as an educational tool for agriculture in the area, which is an important component to look into. Dempski said this should not preclude them from being involved. The FFA Advisor did approach the Committee and said they would be interested in farming that property as a teaching tool. Kovacs said they also discussed that they are part of Warren Hills. There is farmland preservation all over Warren County, this FFA is not a Washington Township Program, it is a program that encompasses Franklin Township, Mansfield Township and Washington Township. Dempski said they had come before the Committee and he wants it on the record. Dempski said he would like to see Wolf reach out and say, just because Warren Hills is in Washington doesn’t really matter, but it would be close to the school.
David Dempski said he had a conversation with Peter Merluzzi, Superintendent at Warren Hills Regional High School and will be meeting with him and going over some issues on upcoming voting. He had three issues which will be discussed in Executive Session about projects for the school.
Dempski has contacted the Land Use Board to get a copy of COAH Master Plan Element for Affordable Housing.
He met with Pat Kollar, Municipal Alliance. A hand out was passed out to the Committee showing 2003 vs 2004. The reason there is an cost increase is because the PTA withdrew their funding for the program. They actually wanted a $4000 budget from the Township this year, not $3000. One of the things they are doing for the 2005 budget is a reassessment on issues in the Township, so they can adjust their program to take advantage of where there are problem areas in the Township. On February 18th they are going to have the seniors and fifth and sixth graders have a prom and do a book about it afterwards.
Dempski attended the Recreation Commission meeting on February 12th. He has been trying to get a copy of the park plats from Joe Layton, but he located a copy through Robert Miller, Township Engineer, for the plans for the park. This will allow for future planning in the park.
He had a very good meeting with Kim Testa, who is with DEP, Green Acres. Testa went over a Planning Incentive Project. He has submitted the portions of the Masters Plan for DEP review so they can advise where the deficiencies are in the Township. If they are corrected and a realistic game plan is done, then the Township would be eligible for more funding in the future for open space purchases. He is working with Testa now. The Township would be eligible to get 50% matching grants and 2% loans, as opposed to 25 % matching grants.
On Open Space, Dempski said he would like to create an Open Space Inventory. His biggest problem now is recruiting people for the Open Space Committee. He would like to do a lot of field work, get out and take pictures of the properties and even GPS them. Dempski went over a volunteer form from Mark Murray, which had been filled out showing an interest to serve on the board. Dempski said, for the next meeting he will put together a realistic plan on Open Space and Farmland Preservation purchases that should be done in the future. Dempski would like to meet with the DEP more and see what is available for park development. He would like to meet with the County, because there is a lot of County money available.
Dempski also passed out a review on the Washington Township Youth Association.
Mayor John A Horensky said he had a conversation with Attorney Martin Allen, Tax Attorney, who will be handling the tax appeals for Hawk Point and Pechiney Plastic Packaging.
The Mayor said he had been working with Glynn and Chief Mc Donald on a matter which will be discussed in Executive Session on personnel in the Police Department.
The Mayor said, as a result of his having to go to the Division of Motor Vehicles for something, he had an opportunity to talk with the director. Their conversation turned toward the agreement that the State wishes to have with local municipalities on staffing Motor Vehicle Agencies with a uniformed officer. The money is given, without restrictions. It is funds that come to the municipality. The only caveat is that there must be an officer in uniform at the agency. Once the officer is paid from contract, the balance can be used the way the Township wants to use it. The Mayor said, if the Township goes forward with this program, one of the concerns he has is that he believes the funds that are received should be left with Public Safety, in the police area.
PAYMENT OF BILLS
The Mayor asked if anybody wanted any specific bill(s) removed from a consent motion and they would be pulled out. Strunk said he had two, 9371 & 9372 from Eric M. Bernstein. Dempski asked that 9371 to be pulled. Dempski did not think the Township should be paying for residents using the attorney. Kovacs said, usually none of the professionals will talk with residents on a telephone call unless they have authority from the Township Committee to do. The Mayor said this was in relation with the sale of property. Strunk made a motion to approve the payment of bills, except check numbers 9371 and 9372, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, abstain; Mueller, yes; Horensky, yes.
The Mayor asked for a motion on pay check 9371 the amount of $537.50. There was no motion, bill was not to be paid.
Dempski made a motion to approve check 9372 in the amount of $1877.10, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, abstain; Mueller, yes; Strunk, no; Horensky, yes.
OTHER
Chief Mc Donald had prepared information on (2) 2004 Dodge Durango Vehicles with options at a price of $81,787.10. Mc Donald said instead of the dealership ordering and installing the equipment, they went through Majors, so they pay less for it and less for installation. They are also very good at coming out and fixing problems that may occur.
Mc Donald said they will be retiring two vehicles and the Chevrolet has a cracked frame and he wasn’t sure it could be sold. The jeep was taken off the road by POSHA. Mc Donald asked if they could be sold with a junk title rather than auction it off, because it could be a safety issue. Mueller said that de Boer also has some vehicles to get rid of as well, which might be able to be auctioned. Mc Donald said the two new vehicles
are under State Contract and will come out of a bond ordinance. Mc Donald said the price for the vehicles expires on May 15, 2004. Kovacs said if the state contract expires with this dealer, then they will try another dealer. Chief Mc Donald said he would like to talk about his request on the salary. The Mayor said this would be discussed in Executive Session. EXECUTIVE SESSION
Strunk made a motion to go into Executive Session at 10: 29 p.m., seconded by Mueller. All were in favor.
The doors were opened. Kovacs made a motion to come out of Executive Session at 11:34 p.m., Dempski seconded. All were in favor.
Glynn asked that the records reflect that discussion was held on various law suits pending. A summary had been presented in a memo that was marked confidential. The two law suits most active at this time is Baker Residential, which is an ongoing law suit which will proceed according to a discovery schedule for the rest of 2004 and at the appropriate time he will move for Summary Judgement to try and have the Township dismissed. The tax appeal in the Asbury Farms Case will be the subject of a settlement conference before the Tax Court Judge on this coming Monday, which will be attended by Special Counsel Attorney Martin Allen. Glynn will contact Allen tomorrow to advise him that the Committee will be approving the attendance of Doug Dachine as expert appraiser in that case. Also, he will inquire as to whether or not Allen thinks it is advisable for any Township Committee Member be present, merely to observe the settlement proceedings which may take place in chambers.
The Mayor said there were two personnel issues discussed with regard to the Police Department and discussion on the issue with regard to the farming and Farm Land Manager Position.
OTHER
Kovacs made a motion to approve the Farm Land Manager Contract presented, with the following changes; Paragraph 3, the yield share should be changed to a specific number, which should be checked with the CFO and this money should be dedicated to maintenance on the park and Paragraph 5, the wording, shall be automatically renewed be removed and a statement added, that there should be a change of use out statement added, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, no; Mueller, yes; Horensky, yes.
Strunk made a motion to approve and sign the agreement with the State of New Jersey for $105,000 a year for the first two years, with three annual renewals at the request of the State, Dempski seconded. Strunk amended the motion to include the dedication of the surplus funds to Safety/Police Department and if this agreement with the State terminates, the Police Department Staff would be reduced by one man, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Kovacs made a motion to increase the salary of Chief Mc Donald to $75,000, retroactive to January 1, 2004, Mueller seconded. Dempski said this should be a one time request. Dempski said that he agrees with a statement by Mueller, that surrounding towns should not be compared when something like this is being done. Strunk was concerned if this would effect other department heads. The Mayor said he did not think it set a precedence and Kovacs agreed with him, it was correct and justified.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Strunk, yes; Horensky, yes.
There was discussion on computer needs being done so this can be done as part of the next bond. Strunk said he thought every computer should have Microsoft Office. There was discussion on updating the telephone system, which was very outdated. The Clerk advised the Committee that the CFO has already looked into a new telephone system. Dempski will look into the computer and telephone issues as well and would like to see everybody using the same thing. de Boer was to get his requests to Kovacs.
There being nothing further to come before the Township Committee, Kovacs made a motion to adjourn at 11:55 p.m., Strunk seconded. All were in favor.
Respectfully submitted,
Mary Ann O’Neil, Township Clerk
