TOWNSHIP OF WASHINGTON, WARREN COUNTY

                                                                               Regular Minutes
                                                                                 June 19, 2007

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 Deputy Mayor Samir Elbassiouny.

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; Elbassiouny, present; Kovacs, present; Mueller, present.  Michael Lavery, Township Attorney and Mary Ann O’Neil, Township Clerk were also present.   Peter de Boer, Public Works Manager was also present.  Horensky was absent.

SALUTE TO FLAG

APPROVAL OF MINUTES
Dempski made a motion to approve the Regular Meeting Minutes from May 15, 2007, Mueller seconded.
ROLL CALL: Dempski, yes; Mueller, yes; Kovacs ,yes; Elbassiouny, yes.

Kovacs made a motion to approve the Executive Session Minutes from May 15, 2007, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Elbassiouny, yes.

Dempski made a motion to approve the Special Meeting Minutes from May 29, 2007, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Elbassiouny, yes.

Kovacs made a motion to approve the Executive Session Minutes from May 29, 2007, Dempski seconded. All were in favor.

ORDINANCES
Kovacs made a motion to open Ordinance 07-12 Ordinance of  the Township of Washington, County of Warren, State of New Jersey Amending and Supplementing Section 123-36 “Certificate of Occupancy” of the Revised General Ordinances of the Township of Washington, Warren County, NJ, to the public, Dempski seconded.  Lavery said he had made changes to Ordinance 07-12, so this would be introduction and first reading and it would be noticed again in full, public hearing and second reading will be at the July meeting.

Kovacs made a motion to introduce Ordinance 07-13 Ordinance to Amend an Ordinance Fixing the Salaries of the Officers & Employees of the Township of Washington, County of Warren and State of New Jersey, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Elbassiouny, yes.
Public Hearing and second reading will be July 16, 2007.

RESOLUTIONS
The Deputy Mayor advised that any item for discussion should be removed prior to approval. Otherwise, one motion will cover all items on Consent Agenda. Dempski asked that Resolution 07-64, 07-74 and 07-82 be pulled.

Kovacs made a motion that Resolutions 07-65 through 07-73 and 07-75 through and including 07-81 be approved, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski ,yes; Elbassiouny, yes.
07-65 Refund Resolution for Summer Recreation Program
07-66 Acceptance of Maintenance Guarantee CRC Communities, Inc, BL 38 & 28, Lots 19, 20,22 & 3.01
07-67 Refund Resolution, Refunds for Uniform Code and Construction Fees
07-68 Authorize and Approve Salaries and Wages for Certain Employees, Kevin Racek/EMT
07-69 Release of Performance Guarantee for CRC Communities, Inc., Blocks 38 & 28, Lots 19, 20, 22 & 3.01
07-70 Authorize and Approve Salaries for Wages for Certain Employees, Peter Ball
07-71 Release of Washington Township Land Use Board Escrow, Lorraine Percarpio, Block 23, Lot 2.05
07-72 Liquor License Renewal/Daya Wine & Liquor, Inc., t/a Town & Country Liquors
07-73 Liquor License Renewal/Hawk Pointe Golf Club
07-75 Liquor License Renewal/Roaring Rock Inn. Inc.
07-76 Liquor License Renewal/Pohatcong Home Association/VFW
07-77 Liquor License Renewal/Washington Township Liquor License Company/ t/a Ocino
07-78 Resolution to Increase Grant Funds for State of New Jersey Vehicle Commission Security Services Grant
07-79 Veterans Exemption Refund, Bl 68.01, Lot 3
07-80 Refund Duplicate Payment - Block 38.02, Lot 12
 
07-81Tax Sale Certificate Redemption, Bl 2, Lot 5
Kovacs made a motion to approve resolution 07-74 Liquor License Renewal/Oakwood Lanes & Sports Scene Restaurant, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski abstain; Elbassiouny, yes.

Dempski said he would like to hold 07-64, Resolution of the Township Committee of the Township of Washington, County of Warren, covenanting to comply with the provisions of the Internal Revenue Code of 1986, as amended, applicable to the exclusion  from gross income for federal income tax purposes of interest on obligations issued by the Township of Washington, authorizing the Mayor, Township Clerk, C FO and other Township Officials to take such action as they may deem necessary or advisable to effect such compliance and designating a $3,890,200 bond anticipation note, dated May 22, 2007 and payable May 22, 2008, as a “Qualified Tax Exempt Obligation” pursuant to section 265 (b) (3) of the IR Code of 1986, as amended until the Committee finds out where the amount came from.  The Clerk is to get further information from the CFO or Auditor and this will be voted on in July.

There was discussion on Resolution 07-82, Form of Emergency Appropriation, NJS 40A:4-48 -  The emergency appropriation for engineering will be taken out and the resolution will only be for police vehicle maintenance. Kovacs said that on police vehicles, what happened was, somehow this year, they were going to take approximately $10,000 out of the DPW Budget, there was nothing initially put in police budget for maintenance and there was going to be a separate line item for $21,500 for maintenance.  When the budget was finalized, somebody forgot to put the number in, so there is no money for vehicle maintenance.   Dempski made a motion to approve Resolution 07-82, as amended, Kovacs seconded.

Dempski and Mueller were concerned on the engineering bills. Elbassiouny said the Engineering Budget was $10,000 and the billing, so far, is $5,000. They are half way through the year, so they are not really that far off. He said, his concern was that when they start working on Storm Water Regulations, the new information coming out that has to be assigned to the engineer, this may be a problem. Dempski said there should be zero costs for the engineer, because the Storm Water Management Plan is all done already, the ordinances and plans have been approved by the County and State.  An annual report must be done, but most of it falls under de Boer’s area.  He said the Township should not be spending anything on Storm Water Management Plan for the engineer, it is all done. The engineer should not be paid for reviewing something that has already been approved.   Dempski asked if the Storm Water Mailing has been done yet, de Boer said it will be done by the end of June.  de Boer said that when the engineer started in January, he gave him the entire file on the Waste Water Management and he has not seen them since.   de Boer said the Engineer and another person from their firm  also attended a work shop.  Dempski said the Township does not pay for the Township Professionals to attend classes.   Dempski will only support the portion of the resolution dealing with police vehicle maintenance. The Deputy Mayor took the engineer portion off of resolution.
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Elbassiouny, yes

Dempski questioned how this would effect tax bills, because there might be an increase.  The Deputy Mayor said the tax bills have not gone out yet, but he thought the State must approve or deny the request, then if approved, it would go in next years budget.  Kovacs said, usually the State approves an Emergency Appropriation, then it goes on to the next years budget to cover money spent in previous year. Mueller questioned whether the vehicle maintenance included Code and Construction and was told they have their own account.

The Deputy Mayor said there was a Community Grant that was discussed at the last meeting, that only comes every few years and the deadline is next week. The pay out is between $100,000 and $200,000 for the Township, but the Township would have to make a $5000 commitment toward this.  Dempski said there have been issues in the past when the Township only looked at one professional. If the Township is looking for someone to do grants, then they should be interviewing several grant writers, before they hire the first one that gives a presentation.

REPORTS FROM STAFF & PROFESSIONALS
de Boer said he  was requesting to purchase a mower from Rymon for $5000 and he would be trading in an existing mower.    He said he had received quotes (none were given for packet) and the Recreation Commission has already approved paying for half of it, so it would be $2500 out of his account.  de Boer said he did not realize that he needed Committee approval, but Fascenelli, Treasurer, said he did.  He said, normally he would just get three quotes and go ahead and buy it. The Deputy Mayor said, in the future, it would be a good policy to bring it before the Township Committee and should be a policy to do so.  Dempski made a motion to approve the purchase of a mower for $5000, with Recreation Commission paying for half, from Frank Rymon, Mueller seconded.
ROLL CALL: Dempski, yes; Mueller, yes; Kovacs, yes; Elbassiouny, yes.

PUBLIC QUESTIONS & CONCERNS
Elizabeth Scovill, 5 Osprey Court, was at the meeting to register a complaint against Atlas Paint Ball. She has spoken with the Land Use Board and had just come from the second meeting with the Zoning Officer.  He had agreed to get a copy of the plan, to go to the site and issue violations for tents and megaphones. He told her he could not act on the decibel level, because he does not have that capability. He cannot act on the port-a-johns, because he does not know what arrangements had been made.  He will call the health department regarding the sale of food and check out the stream regarding EPA issues.   She said, where they agree to disagree is, regarding the initial approval of this application.  She said the Township Land Use Board made their decision based on listening to  testimony of experts, etc.  She presented a copy of the Variance Approval for Block 66, Lot 20.07. She said, as you can see from the first seven pages, none of this is happening or things they said would happen, did not happen. The Zoning Officer said he can only take act on the resolution in the back. Her complaint is the problem is broader than that, the business is in place based on inappropriate and inaccurate information.

Dempski said there is a Nuisance Ordinance, which does cover sound, so it is enforceable.    Scovill said sound is really the biggest problem. Lavery said the County Health Department enforces decibel level readings and they have to be measured from the sidelines.  Scovill asked who told the County to do it. Lavery said anyone can request it, but the problem is that they only work between 9:00 a.m. and 5:00 p.m., so if the noise is after that time, there is no way to get them out. Dempski said this could be enforced by the police and the Chief is the one that introduced and wanted it.  Scovill said, even when they don’t use megaphones, it is annoying when you are sitting on your deck, golfing or any time you are outside.  The noise is overwhelming and unending.  Scovill said the hours of operation is 9:00 a.m. until 10:00 p.m

Frank Cregan, 62 Merlin Drive, said they are starting at 7:00 a.m. seven days a week.  There is also a condition on number of fields they have operating at any one time. The maximum number of fields of play is four and no more than two is operational.  He said they are overextended and way over that.  It is unfortunate that the Zoning Officer does not work weekends.  The Deputy Mayor said the police department is available weekends if there are problems.  Cregan said it is not the job of the police department to enforce a condition of approval. Lavery said this could be revised, with more teeth in it and there are conditions, so they have to be strictly interpreted. So, the Zoning Officer should be going down there, checking this out and making sure there is not a violation.  Lavery suggesting getting the Board of Health Department down there to check port-a-johns on site.  The Deputy Mayor will talk with the Zoning Officer and they will follow through with the complaints.

Lavery said, this is a Use Variance and only certain things are permitted. They must comply with what they started at.  The Deputy Mayor will contact the Board of Health and Zoning Officer and set up a meeting.

Tom Prisk said they built a parking lot without approval, they are parking on the grass and by the stream. They have put up a lot of tents, which is a fire code violation.  The pellets are going into the stream, which is EPA.  The Deputy Mayor said the parking issue is definitely a police issue and could go in every day and issue parking tickets. Prisk said the Chief is aware of it, because the Mayor has discussed the problem with him.

Cregan asked, about the present Noise Ordinance, can the police be called?   Lavery said they can be called and they can issue a summons, but it is difficult to do.   The police have been called and have done nothing.  Cregan said there is an enforcement problem in the Township. He said it two years ago and he said it again. It really effects the quality of life in the Township, as perceived by others and by perceived by the residents.
There is a new Sign Ordinance, for over a year, and nothing has been done about it, the Zoning Officer is sitting on it.

Dempski said he would like to make a motion to authorize Lavery review the Township Noise Ordinance
and make appropriate changes, Mueller seconded.
ROLL CALL; Dempski, yes; Mueller, yes; Kovacs, yes; Elbassiouny, yes.

Richard Strunk, 116 Brass Castle Road, said he had obtained copies of bond and invoices for the Brown and Brown Project and adding up funds remaining, the Committee will be knowingly violating the law by awarding the bid of the project for not having sufficient funds available and will be breaking the law by awarding the bid based on lack of funds.   He submitted the following facts:
Bond 2004-14 - money remaining $16,536.55
Bond 05-17 - money remaining $200, 445.85
Bond 06-06 - money remaining $473,785.60
Bond 2007-06 - money remaining $1,599,050.22
 
This adds up to a grand total of $2,289,818.01 and Coopersmith’s bid was $2,286,162, balance of money $3656.01.  Of this money, the Committee has knowingly directed expenditures funds to Medina engineering to conduct boring analysis for footing design for the elevator. No bill has been submitted, as of yet.

The Committee has also knowingly directed expenditure of funds by Medina Engineering to proceed with Wastewater Design Changes. This bill is ongoing and they are outstanding.

Additionally, the Committee, at April meeting, authorized de Boer to award the bid to reroof the Police Building at a cost of $6500 from this bond money. This motion to expend funds automatically put the fund at a negative balance of $2,843.99, not counting the known expenditure of funds to Medina.  At this time, is the Committee going forward to repair the roof on the Police Building and stop the leak damage on a million dollar investment on existing building?  Kovacs said on the roof, the $6500 was never awarded.  Strunk asked if it was going to be and if not, what is the reason why?  Kovacs said so the Committee will not award, so they have enough money to issue the contract.   Strunk said he is disappointed in the fact that the Township has an existing building that has a leak, which should be fixed, instead of spending money that obviously the Township does not have to finish another project.  Strunk said, he hopes, at some point, someone will see how ludicrous this plan is, there is no money left to put a lock on the door, no money to put a telephone line in the building and no money to wire the building for security for the police, no money for computer wiring and no money for a public address system. There is no money for cost overruns, even with the modest 10% overrun, that is $220,000.  The Committee, on several occasions, has been given good advice by many people that know construction  on how to save money for the taxpayer and none of these suggestions have ever been used.  Even a person with no knowledge of construction would realize, if you have to change the roof to hold the air conditioners, put the air conditioners in the basement where they have worked for 30 years.  The saving alone on the roof would be close to $200,000.  Even someone building a house for the first time knows if you cannot afford to lock the door or phone lines for the building, it is time to scale back the project.  8:30 p.m. end of Public Portion

OLD BUSINESS
1. Approval of purchase of 1800 Hydraulic Truck Conveyor Spreader - Deputy Mayor said this was continued from last meeting when de Boer did not have three quotes.  Dempski asked where this equipment is going to be stored, because they are getting tight in the field house and the water wheel in there is also hurting other groups.  Dempski asked if it could be moved, because they are running out of room in the field house.  This should be kept for recreational needs of the Township.   de Boer said he would move it out and the spreader would be stored in his garage. Dempski made a motion to approve the purchase of a 1800 Hydraulic Truck Conveyor Spreader from Chemung Supply for $8155, lowest of three bids, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Elbassiouny, yes.

2. Purchase of Video Camera - de Boer said he had three quotes last month, but one was deemed not a valid quote. He went out for additional quotes and was unable to do so.   So, he was requesting the Video Camera be purchase from the lowest bidder.   Dempski made a motion to approve the Video Camera for the Park and Restroom area to Computer One Alarms, from the bond,  Mueller seconded.   Daryl Detrick, Recreation Commission, said it is to be taken from the bond. Dempski said that $1500 would also be available from Clean Community Grant if needed.  de Boer said he would check with the Treasurer about this.
ROLL CALL: Dempski, yes; Mueller, yes; Kovacs, yes; Elbassiouny, yes.

NEW BUSINESS
1. Request from NJ Conservation Foundation on matching grant - Ingrid Vandegaer, Manager, Highlands Region was present to discuss matching grant from the Township on the Sigler Farm. This was to be taken into Executive Session.  Lavery said that just for the public’s edification, no official action can be taken in Executive Session and if any determination is made, it will be announced during open session.

2. Request to tar and chip Spring Lane and Mine Hill Road - de Boer said he was requesting to tar and chip Spring Lane and Mine Hill Road.    The post office has requested this be done as well.   A letter had been received from a resident on Spring Lane also requesting that this be done, because of the dust.  de
Boer said traffic has increased on this road quite a bit, it is no longer just a quiet country road. Also, White Township will also tar and chip from Township line to Bickel Farm.   This is not to the end for them, but they need to do some extensive draining work, but later will complete tar and chipping on the White Township side.  Kovacs made a motion to approve the tar and chipping on Spring Lane and Mine Hill Road, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Elbassiouny, yes.

3. Request to purchase Snap-on Tech System - A presentation was given by Peter Washuta on the Snap-on Tech System. Dempski made a motion to approve the purchase of the Snap-on Tech system for the Department of Public Works, Elbassiouny seconded.
 
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes.

4. Mandatory Class for Clerk - This was for informational purposes only.

5. Raffle Requests - Abilities - Kovacs made a motion to approve raffle requests from Abilities for Saturday, September 23 and December 12 at Abilities, Washington, NJ, Dempski seconded. All were in favor.

6. Casino Night Request - Dempski made a motion to approve Casino Night by ARC Foundation for November 3, 2007 at Hawk Pointe Golf Club, Mueller seconded. All were in favor.

7. Long Valley Womans Club Request - Mueller made a motion to approve raffle requests from Long Valley Womans Club for October 11 at Hawk Pointe Golf Club, Dempski seconded. All were in favor.

8. Request from Recreation Commission - Mueller made a motion to approve the Recreation Commission using the Meeting Room on Monday, July 23rd for Fall Field Scheduling Meeting, Dempski seconded. All were in favor.

9. Phone Lines - After discussion on phone lines, it was the consensus of the Committee not to make any commitments on the telephone lines at this time. Once they are ready for this, the Committee will go out for competitive bids. 

10. Request from CFO to attend GFOA Conference in Atlantic City September 26-28 - Kovacs said he would like to see a change in the Township Policy Manual, wherever employees are going to spend monies on conferences, schooling, etc., and they work for more than one municipality, the cost should be shared when the training serves both municipalities.   This is the case with this request, Committee agreed. Dempski said he agrees and if they are satisfying their license requirements for all other municipalities, then the fee should be split.  The conference is not until September, so the Committee has an opportunity to put this in place.  Kovacs asked the Clerk to direct a memo to CFO asking her to have Franklin Township pay for half the request and it will be reintroduced at the July meeting.

There was further discussion on changing the policy manual on sharing costs of classes with other municipalities.  Dempski made a motion that effective immediately, the Policy Manual be updated to reflect cost sharing of courses is required for professional licenses to be burdened by an equally proportioned number of municipalities that the employee works for, Kovacs, seconded.
ROLL ALL: Dempski, yes; Kovacs, yes; Mueller, yes; Elbassiouny, yes.

REPORTS FROM OFFICIALS
Michael Kovacs - no report.

Barry Mueller - History Day at the Auto-Giro Building was a success and everybody had a good time.

The Recreation Commission agreed to use $570 from the use fees to electrify the basketball score board discussed at the May meeting.  There was a concern on the new trails on this side of the creek and he spoke with de Boer about it. There seems to be a lack of communication with the switching over of the engineers.
The are interested in putting something down, other than mulch, because it is not working out well.

He attended the Council of Government Meeting and a presentation was given by the Township Court Administrator, because other municipalities may want to do something similar to what the Township has done.

Kovacs brought up the request to have the age made higher at Lake Marguerite that has been made to him. He has received complaints, because children do not have to be licensed until they are 17, yet they cannot fish at the lake. Dempski said they should make sure it is for New Jersey residents only.

David Dempski - no report.

Samir Elbassiouny said he had a meeting last week with the contractor for the new municipal building.  It was a preconstruction meeting.  

He suggested another meeting with the Highlands since they changed a lot of things since they were here.
He would like to look into modifying the Waste Water Management Plan for the new Highlands so they can see what areas need to be addressed. The Township will probably have to redo the Master Plan.

He met with the construction official and  board of health officials regarding the issue of buildings that have been abandoned.  They will come up with recommendations on which way they are going to proceed.

PAYMENT OF BILLS
Mueller made a motion to approve the payment of bills, Kovacs seconded.
ROLL CALL: Mueller, yes; Kovacs, yes; Dempski, abstain; Elbassiouny, yes.

EXECUTIVE SESSION
The Deputy Mayor said the Committee would take a break and go into Executive Session.  Kovacs made a motion to go into Executive Session at 9:10 p.m. to discussion a contractional matter, being Unity Bank, outstanding escrows that are still due, one potential litigation matter and Sigler Farm.

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

Lavery said the Committee emerged from Executive Session at 10:10 p.m. where they discussed the contractional matter dealing with Unity Bank, potential litigation matter dealing with some outstanding escrows, potential litigation matter, being  Albulescu where the chimney collapsed and contractional matter, participating  in the purchase of Sigler Farm. No action to be taken. A Copy of these minutes will be available at such time the Committee determines there is no harm to the public interest.

Dempski made a motion to authorize the Township Attorney to draft an ordinance to participate in the purchase of the Sigler Farm, pending availability of funds, Mueller seconded.
ROLL CALL: Dempski, yes; Mueller, yes; Kovacs, yes; Elbassiouny, yes.

Kovacs made a motion to adjourn at 10:20 p.m., Dempski seconded. All were in favor.

Respectfully submitted,

Mary Ann O’Neil RMC/CMC
Township Clerk