TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
February 21, 2006

TOWNSHIP OF WASHINGTON, WARREN COUNTY

Regular Minutes
February 21, 2006

The regular meeting of the Township Committee was held this date at the Municipal/Police Building located on Little Philadelphia Road. The meeting was called to order at 7:30 p.m. by Mayor David Dempski.

SUNSHINE LAW COMPLIANCE - The Mayor noted that this meeting was being held in compliance with the Open Public Meetings Law of 1975 in as much as a notice had been published in the Star Gazette and transmitted to the Express Times and posted at the municipal building.

ROLL CALL: Kovacs, present; Mueller, present; Strunk, present; Dempski, present. Township Attorney Edward J Glynn and Acting Clerk Anna C Godfrey, were also present. Horensky was absent.

SALUTE TO FLAG

APPROVAL OF MINUTES
The Mayor had two corrections on the minutes of the Reorganization Meeting of January 2, 2006. One was on page 2, 10th paragraph, he did not abstain from voting on Bruce Smith, he voted no for the Sewerage Consultant and page 3, 2nd paragraph, the word Beltz should be Belz. Kovacs made a motion that the Reorganization Minutes of January 2, 2006, as amended, be approved, Strunk seconded.    All were in favor.

Strunk made a motion to approve the minutes of the Executive Session Minutes of January 17, 2006, Mueller seconded.  All were in favor.

Kovacs made a motion to approve the minutes of the Regular Meeting of January 17, 2006, Strunk seconded. All were in favor.

Strunk made a motion to approve the minutes of the Budget Meeting of January 28, 2006, Mueller seconded.  All were in favor.

PROCLAMATION
The Mayor read the Read To Kids Day Proclamation for March 2, 2006.

ORDINANCES
The Mayor noted that Ordinance 06-06 will be introduced after Resolutions are done. Kovacs said he would like this held until later in the meeting when the architect and engineer are present, so they can explain and update the Committee on the Brown and Brown Building.

Strunk made a motion to open Ordinance 06-03 Ordinance Amending, Revising and Supplementing Chapter 72 of the Code of the Township of Washington Entitled, “Fire Prevention,” to the public, Mueller seconded. ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes. Nobody from the public wished to be heard.  Kovacs made a motion to close the public hearing on Ordinance 06-03, Strunk seconded.  All were in favor. Mueller made a motion to approve Ordinance 06-03 after public hearing and second reading, Kovacs seconded.
ROLL CALL: Mueller, yes; Kovacs, yes; Strunk, yes; Dempski, yes.

Mueller made a motion to open Ordinance 06-04 Ordinance Amending, Revising and Supplementing Chapter 43 of the Code of the Township of Washington Entitled, Alcoholic Beverages to the public, Kovacs seconded. All were in favor.  Nobody from the public wished to be heard.  Kovacs made a motion to close the public hearing on Ordinance 06-04, Mueller seconded. All were in favor.   Mueller made a motion to approve Ordinance 06-04 after public hearing and second reading, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes; Kovacs, yes; Dempski, yes.

Strunk made a motion to introduce Ordinance 06-05 Ordinance Amending, Revising and Supplementing Chapter 4 of the Code of the Township of Washington Entitled “Budget Control and Fiscal Management” Article VI “Public Contracts, Mueller seconded.
ROLL CALL; Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes;
Public Hearing and Second Reading will be March 21, 2006.

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 took out 06-37 for discussion.  Kovacs pulled 06-35 for discussion. Kovacs asked that 06-38 be held until ordinance is passed. Kovacs made a motion to approve Resolutions 06-29 up to and including 06-34, 06-36, 06-39 and 06-40, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Dempski, yes.
 
06-29 Refund Resolution, Senior Citizen Deduction, Bl 14, Lot 17
06-30 Tax Sale Certificate Redemption Resolution, Bl 78, Lot 3
06-31 Tax Sale Certificate Redemption Resolution, Bl 78, Lot 10.01
06-32 Refund Resolution, Paid to Wrong Municipality
06-33 Resolution To Authorize and Approve Salaries & Wages for Certain Employees (Margaret Housman)
06-34 Release of Performance Bond (Ed Mark)
06-36 Tonnage Grant Application
06-39 Transfer Resolution
06-40 2006 State Aid Application for Pleasant Valley Road, Section 2

Dempski said, on Resolution 06-35 there is a typo and the words Open Space should be removed.  Kovacs made a motion to approve Resolution 06-35 Resolution Creating a Washington Township Senior Citizens Advisory Committee, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, yes; Dempski, yes.

Kovacs made a motion to approve Resolution 06-37 - Resolution Supporting the Application to the Warren County Municipal and Charitable Conservancy Trust Fund for Funds to Support the Farmland Preservation of the AJR Property, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Dempski, yes.

OLD BUSINESS
1. Report by Robert Miller, State Aid Pleasant Valley Road/to be discussed later

2. Update on Brown & Brown/Robert Miller/ to be discussed later.

3. Discussion BOE Leasing Police Building - The Mayor said that he had passed out some estimates and drawings that the Board of Education (BOE) had done regarding renovating the Police Building. He said that a motion had been passed previously to allow the BOE to lease the Police Building once it is vacated as a way of keeping everyone’s costs down.  They would be getting more office space and saving them from building additional classroom space at the Brass Castle School by using the Police Building.  He said, in order for them to move forward they came with a rough sketch in terms of what they want to do by putting some walls up and partitioning and doing renovations to the building.   They came up with a rough estimate of what the cost would be and based on their costs, to recoup their investment of upgrading the facility, they were looking for a six year lease, as opposed to the three year lease that was offered, with two year automatic renew. The Mayor said that because of the situation at the Brown and Brown Building, it had to be discussed whether this can even consider them moving into the building in July.  Mueller said he did not think this time frame was gong to work out. 

Kovacs said they had talked about putting up petitions in the big room and the election is held there and the Township has to have a voting place. There are several youth groups that are looking for a place to have meetings and passing out equipment. .  Kovacs said that someone is always looking for a place for meetings and he said he would vote not to lease it to them, but keep it for the Township, because it will be needed by the Township. Strunk asked if this was the total building or just meeting room, Kovacs said the elections are held in the big room and by keeping the building people would not have to go out on Route 31 and it would be easier.  Kovacs said it had also been discussed about using the building eventually for senior citizens and other groups. Kovacs said basically what the Township would be doing would be giving the building away and he feels there is a use for it by the Township.  The Mayor said the elections had been addressed and that other groups use the building.  He did not think it was efficient to have half the voters in the Fire House, because if there was a fire it is a disruptive thing to voters.  The Mayor said he felt the elections should be in the new building. The Mayor felt there were also positives to having the BOE use the building. It would seem, due to the current time limit, it could not be done year.  Strunk said, in concept, he had no problem with letting the BOE use the building and felt there would be room in the new building for the elections.  His concern was the July date, so there was not much sense going forward at this time. He would like to make sure that the Township form a comprehensive lease and get those things ironed out, such as utilities, repairs, maintenance, damage or maintenance of basic utilities, air conditioning, roof, windows, etc.  The Township would be coming a landlord and it is two professional bodies, independent to voters and particulars have to be done to have a good lease. The Mayor said another vote should be taken on whether the Township wants to do it, because the Township has already said they would do it.  Kovacs asked that this be deferred until there is a full committee. The Mayor said they need to know by April. Strunk said the building will not be ready for July. The Mayor said the Committee needs to let them know at the March meeting whether or not the Township is going to go through with this matter.   Stunk said they should be told that it will not be ready in July and the Mayor said he will so advise them.

4. Report on Open Space Trust Fund - The Mayor said a request had been made on a read out on the Open Space Trust Fund and distributed the report.

PUBLIC QUESTIONS/CONCERNS 7:50 p.m.
 
Frank Kregan, 62 Merlin Drive, Member of the Board of Trustees at Hawk Pointe Property Owners Association, said he has lived in the Township over two years and is amazed at the lack of enforcement of certain ordinances. One is the sign ordinance and the other is the set back ordinance. His focus has been on Route 31 from the Hunterdon County border and Washington Borough.  He see repeat violations, the Zoning Officer goes out and  sites them and they come back and do the same thing all over again.  He said he wanted to make sure, during the budgetary process, that they put in  enough to protect the values of their property and tax assessments that they are paying. The second area of concern is the same thing with respect to the Land Use Board conditions, which are included in resolutions. Many of them are just forgotten, there are lighting issues that are clearly stated in the resolution, within the last five years, which are totally disregarded and no enforcement. There were other issues with respect to a gas station, totally disregarded. There was some enforcement, but he did not know where it went, whether it ever went to court or not.  Again, there are things on the books, but it is not being enforced.  He said that penalties could be provided that would self enforce and litigation just to prove that you do care. He saw discussion on ADT Security Systems for the new Administration Building and asked if this was the only security system that is being considered.  The Mayor said this is the one installed, so it would be a continuation of service. Kregan said he never had any good working relationship with ADT, especially on corrections. The Mayor advised Kregan that the Township is revising the Sign Ordinance and they are working on the enforcement of it.

EXECUTIVE SESSION
The Mayor advised that the Committee would be taking an Executive Session to discuss Land Acquisition. Strunk made a motion to go into Executive Session at 7:55 p.m., Mueller seconded.  All were in favor.

The doors were opened. Mueller made a motion to come out of Executive Session at 8:05 p.m. All were in favor.

Glynn asked that the records reflect that the Township is proceeding tomorrow with the parties going to meet at the scene and talk with the appraisers about expediting the appraisal.

NEW BUSINESS
1. Strunk made a motion to approve the Raffle Application for the WTYA for the month of April, Kovacs seconded. All were in favor except the Mayor who abstained.

2. Strunk made a motion to approve Mary Ann O’Neil, Township Clerk attending an ABC Licensing Class on March 2, 2006 in Harmony, Mueller seconded. All were in favor.

3. Kovacs made a motion to approve Peter de Boer, CPWM, attending a seminar on Working Safely in the Road on March 24, 2006 in New Brunswick, Strunk seconded.  All were in favor.

4. Discussion ADT Security at New Administration Building - Kovacs made a motion to authorize Jo Ann Fascenelli, Acting CFO, to change the access code for the Brown and Brown Building and shared with appropriate Township Committee Members, Certified Public Works Manager and Chief of Police, Mueller seconded.  All were in favor.  The numbers to be given to ADT would be the Mayor, liaison for Building and Grounds, Deputy Mayor, Certified Public Works Manage and Police.

Strunk asked if a letter had been received from Brown and Brown advising if they had vacated the building and it had not been received. Glynn was asked to send a letter asking them the question.

5. Authorization for Township Engineer to request bids for New Hampton Rd was tabled until later in
meeting.

6. Strunk made a motion to submit a grant application to NJDOT for Pleasant Valley Road (Drainage and Sidewalks), Mueller seconded.  All were in favor.

7. Release of ADB Performance Bond - The Mayor said that the Township has been working on finalizing the ADB Performance Bond issues, formerly called Village Gate and there was an agreement where they would finish up their improvements, enhance them, restore some of the back yard and finalize their final inspection, which he did not think has happened yet.    The Mayor said he knows that  the improvements are not done yet.

8. Authorization of the Mayor to Submit Grant Application - The Mayor said the Committee had authorized the grant to the Warren County Municipal and Charitable Conservancy Trust Fund and as part of this there must be a public hearing on the application.  There must be a 10 day notice and the Land Use Board and Open Space Advisory Committee may be interested in attending.  Strunk made a motion to have the
public hearing on the application submitted to the Warren County Municipal and Charitable Conservancy Trust Fund for Support of Farmland Preservation on either Saturday, March 4 or Saturday March 11 at 9:00 a..m., Mueller seconded.  All were in favor. 


 
9. Authorization to request bids on Solar Power Study for New Municipal Building - The Mayor said the Township received a $5000 grant from the NJDCA/NJGoGreen Grant, which will allow the Township to do a study to determine if solar power would be a viable opportunity for the new municipal complex.  The  grant would allow the Township to do a good analysis of this. The Mayor said, traditionally, there are direct grants available between 50% and 60% for the equipment itself.   The Mayor asked to have authorization to request bids to retain a solar power consulting firm to determine the volubility of solar power pursuant to the grant for the new municipal complex.   Strunk made a motion authorizing the Mayor to request bids to retain a solar power consulting firm, Mueller seconded. All were in favor, except Kovacs who voted no.

10. Authorization for Mayor to request bids for Title Insurance and Survey for Farmland Preservation Application -  Strunk made a motion to authorize the Mayor to request bids for the Title Insurance and Survey for Farmland Preservation Application, due by March and awarded by April, Mueller seconded.  All were in favor.

11. Authorization for Mayor and Clerk to sign ENSR Service Contract for Continuation of the Port Colden Monitoring Program - Mueller made a motion to authorize the Mayor and Clerk to sign the ENSR Contract, Kovacs seconded. All were in favor.

12. Acceptance of resignation of Catherine Gangaware, CFO - Mueller made a motion to accept the resignation of Catherine Gangaware, former CFO of Washington Township, Kovacs seconded.  Strunk said he was concerned on the stipulation of the time limit on the reimbursement of payment and confidentiality agreement.   This will be discussed in Executive Session.
ROLL CALL: Mueller, yes; Kovacs, yes; Strunk, no; Dempski, yes.

13. Discussion/Memos from Finance & Tax Collector, re: Hudson Bank - The Mayor said there has been correspondence between the Tax Collector and Finance Office on Hudson Bank, but they are working this out.

14. Appointment of Robert Klingel  to Open Space Advisory Committee - Kovacs made a motion to appoint Robert Klingel to the Open Space Advisory Committee for a 3 year term, expiring 12/31/08, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, no; Dempski, yes.

15. Strunk made a motion to approve the Panthers Football Team using the meeting room to distribute uniforms on Friday, March 10 from 6:00 p.m. to 9:00 p.m., Saturday, March 11 from 9:00 a.m. until noon, Friday, March 24 from 6:00 p.m. to 9:00 p.m. and Saturday, March 25, from 9:00 .m until noon, Mueller seconded.  All were in favor.

16. Form Sub Committee to review Health/Dental and Vision Insurance Benefits - After discussion, Kovacs made a motion that Strunk and Horensky be the sub-committee to review Health/Dental and Vision Insurance Benefits with a member of the Finance Department, Mueller seconded. All were in favor.

SIGN ORDINANCE DISCUSSION
Tom Bocko, Zoning Officer, was present.  He said that he has been working with Mueller and Horensky to put together a sign ordinance.  The ordinance was being submitted to the Committee to review and eventually passing it on to the Land Use Board for professional review.    Bocko had some comments, that he will attach to this draft at a later date and go forward with the Committee’s input. The Mayor has more comments and corrections as well.   The Mayor would like to have the comments and corrections made and then submitted to the Land Use Board. Strunk asked the consensus of the Committee on posting this ordinance on the web site.  The Mayor said it was a good way to get feed back from businesses and other interested people.  Once the Land Use Board has reviewed it, there will be a first and second reading and adoption.

Bocko said he visited many of the properties on the highway corridor where the signs are and have explained to them about the Sign Ordinance.  He has asked them to remove signs that are not in compliance and they usually come down. Bocko  was just up to the Grape Vine Restaurant, because they had many signs up that were not in compliance with the ordinance.   Bocko was just at the Duryea Property where they have the U-Haul Vans and met with property owner and tenants and asked them to remove signs that were not permitted. They also discussed the parking of vehicles on the lot.  Bocko visited Smith Motors and informed them that they were not in compliance with their resolution and site plan approval about the evening lighting.  Smith said he would make sure the lights were turned off at the proper hour or dimmed.   Bocko has been down to Ryman’s numerous times about the sheds and some of the signs.

REPORT FROM OFFICIALS
Michael Kovacs said that Pete de Boer, Certified Public Manager, had asked, on Bond Ordinance  05-18 on the trucks that had been ordered, there is some auxiliary equipment that he would like to have and is asking for a total not to exceed$7,000 for the three new trucks..   Kovacs made a motion to authorize de Boer to order additional items requested by de Boer, not to exceed $7,000, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, yes; Dempski, yes.
 
Barry Mueller said the Historic Commission is planning a Community Day at the Auto-Giro Building in September and October. It all hinges on getting the building re-lettered.

He attended the Recreation Commission Meeting. Their main work this year is going to be redoing the tennis courts. Robert Miller, Township Engineer and Pete de Boer, Public Works Manager were also present. They authorized Miller to come back with proposals which they hope to have ready for the next Committee Meeting. 

RJ Strunk said, with regard to Finance, the next Budget Meeting is this Saturday, February 25th. He will not be able to attend. He said, according to Jo Ann Fascenelli, Acting CFO, the Annual Financial Debt Statement has been done by the auditor. 

One application has been received for the CFO Position.  There will be a pre-screening interview and he will get back to the Committee on the meeting.

Mayor David Dempski said that last month an estimate was received from CREW, Sewerage Engineering Firm, to do a Wastewater Management Update, which they estimate would cost $45,000. 

He did a reading on February 10th  at the Good Shepherd Academy.

On January 23, he observed the new Washington Township Municipal Court.  It was a very smooth operation. He met the entire Court Staff and they did an excellent job.

He attended a Solar Power Talk last week at Liberty Township.

The Mayor said, with regard to having the Center Designation changed, he got the official word that the Township will have to do a State Plan Endorsement.   The first step will be a pre-petition hearing and meeting with the State and a great deal of documentation will have to be produced.  

The Mayor said on Affordable Housing, on March 1, 2006 the COAH Review will start. to review the Affordable Housing Plan. The Township is receiving good revenue from the developer fees. 

On the Open Space Advisory Committee, a draft is being done on the Open Space and Recreation Plan, which will be ready on February 28.  The draft will be distributed to the Recreation Commission, Land Use Board Planner and Open Space Advisory Committee for their review.

The Land Use Board did approve the new salary for the Land Use Board Secretary.

The Mayor said a request had been received from Attorney Stuart Ours, who represents Habitat for Humanity.  There are about 17 lots that have been repossessed down the Butler Park Area and they have expressed an interest to see if they can receive donations from other lot owners to consolidate lots to do an Affordable Housing Build.  They need permission to solicit donations from these owners and if they are successful, that the Township  be willing to deed over the anchor parcels to them. Strunk made a motion that Habitat for Humanity contact owners to build an acceptable lot size, conditioned on getting a clear title, that the Township would  donate the  property to Habitat to Humanity, at no cost to the Township, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes.

A letter had been received from the Warren County Planning Department requesting a representative from the Township to attend the SWAC Meeting They meet the first Thursday of the month.  Horensky had done it previously.

Correspondence has been received from a resident regarding loose cats in the Washburn Area and requesting that a policy be developed regarding leash laws or other steps to solve the problem.    The correspondence was to be forwarded to Animal Control

PAYMENT OF BILLS
The Mayor said a motion to pay the bills was needed and there was two additional bills that were left off  of the bill list. Mueller made a motion to pay the original bill list, Strunk seconded.  All were in favor, except Kovacs, who abstained.
The Mayor said he would need a motion to issue a check for $900 to Ray Rob to cover the settlement option for insurance and also draft a $25,000 check to come from Open Space Trust Fund for additional escrow payment for the AJR Preservation Efforts.  Strunk made a motion to issue a check for $900 to Ray Rob to cover the settlement option for insurance, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes.
 
Strunk made a motion to issue a check for $25,000 for escrow to cover the AJR Farmland Preservation Project, Mueller seconded. There was some discussion on escrow procedure.
ROLL CALL: Strunk, no: Mueller, yes; Kovacs, no: Dempski, yes. (Motion Failed)

A break was taken from 8:55 p.m. until 9:30 p.m.

Kovacs said that he and Pete de Boer, Certified Public works Manager and Robert  Miller, Township Engineer,  had a meeting with Ed Gagne, Architect at the Brown and Brown Building regarding putting a proposal together to go out to bid.  Miller would work with Gagne, who would be putting the specifications together, plus mechanical end of it.  Miller would be going out to bid and doing the bid evaluations. Miller also gave a separate price to be the Project Manager/Inspector and would work with de Boer on the project. They put new numbers together. The heating and electrical system need major revamping. The estimate, including all the engineering work came out to $827,192. Kovacs said he would recommend that Miller be hired as Project Manager and Gagne to put the specifications together.  Gagne gave a presentation on what he is proposing.  Robert Miller, Township Engineer, came into the meeting. There was discussion on getting the bids together and trying to get a time frame established.

Kovacs made a motion that Robert Miller prepare the bid document at a flat fee of $1500, Mueller seconded. All were in favor.

Kovacs made a motion that Robert Miller be Project Manage/Construction Manager, which would include inspections and any other work going on with the project, at a cost not to exceed $10,900, with assistance from de Boer as needed.   It also notes that the costs could be reduced significantly if he works in conjunction with Peter de Boer as being the person who is at the site each day during construction.  Miller’s time can be minimized by only being involved when de Boer calls upon him for assistance.  This could probably cut the cost by more than 50%.  Mueller seconded the motion.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, yes; Dempski, yes.

RESOLUTION 06-38
Kovacs made a motion to approve Resolution 06-38 Temporary Capital Budget, Mueller seconded. All were in favor.

Kovacs made a motion to approve an additional $6,000 for Ed Gagne, Architect, for additional work being done, Strunk seconded. All were in favor.

ORDINANCE
Mueller made a motion to introduce Ordinance 06-06, Bond Ordinance Providing for Renovations and Improvements to Block 30, Lot 15, Brown and Brown Building for use as the New Administration Building in the Township of Washington, County of Warren, State of New Jersey Appropriating Funds in the Amount of $475,000 and Authorizing the issuance of Bonds and Notes in the amount of $445,250, Kovacs seconded. ROLL CALL: Mueller, yes; Kovacs, yes; Strunk, yes; Dempski, yes.
Public Hearing and Second Reading will be March 21st.

OLD BUSINESS
1. The Mayor told Miller that the Committee had approved his submitting the Pleasant Valley Grant to DOT.

NEW BUSINESS
7. Also, on Village Gate, the Mayor asked Miller if they finished  their improvements as promised. Glynn said he was holding the check for ADB which is supposed to be held in Escrow and a copy of the Maintenance Bond which was given to Miller.  The Maintenance Bond was posted, but they have not completed their final inspection or improvements yet.    Glynn will hold the check pending Millers approval and advising him that the final inspection was done.

5. Authorization for Township Engineer to request bids for New Hampton Rd was tabled until later in
meeting. -   Strunk made a motion to authorize the Township Engineer to request bids for New Hampton Road Traffic Calming Devices, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes.

EXECUTIVE SESSION
Mueller made a motion to go into Executive Session at 10:25 p.m. for contract negotiations and personnel matters, Strunk seconded.  All were in favor.

The doors were opened. Mueller made a motion to come out of Executive Session at 10:45 p.m., Kovacs seconded. All were in favor.

Kovacs made a motion to approve the DPW Teamsters Contract, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, no; Dempski, yes.

There being nothing further to come before the Committee Kovacs made a motion to adjourn at 10:48 p.m., Strunk seconded. All were in favor.

Respectfully submitted,

Mary Ann O’Neil RMC/CMC
Township Clerk