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TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
March 16, 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 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 asked that approval of the February 17, 2004 Regular and Executive Minutes be held until the comments he made regarding the Professional Service Agreement on the Morel and Segal Property be reflected in them.
PUBLIC HEARING ON 2004 BUDGET
The Mayor said he had received a telephone call this evening from Randy Nelson, Township Auditor, that the person from his office that had planned on being at the meeting could not attend due to the weather. Kovacs said that Cathy Gangaware, CFO, was supposed to handle the public hearing on the 2004 Budget and would be well versed on it. The Mayor said the Public Hearing on the 2004 Budget would be held until the CFO arrived at the meeting.
ORDINANCES
Dempski made a motion to open Ordinance 04-03 Ordinance Amending, Revising & Supplementing Chapter 71 of the Township Code of the Township of Washington, County of Warren, State of New Jersey, Entitled “Fees” to the public, Strunk seconded .
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Richard Cotton, asked for a brief overview what it is and what the increases were or if there were any. What were the fees for? The Mayor said the change in the fee structure dealt with the use of the pavilion which had been set up, based on the recommendation of the Recreation Commission. Richard Flint, Secretary to the Recreation Commission, said there was a minor adjustment on the ballfields to better reflect the cost of field maintenance and the Certificate of Insurance Issue was resolved.
Kovacs made a motion to close the public hearing, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes.
Strunk made a motion to adopt Ordinance 04-03, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Dempski made a motion to open Ordinance 04-04 Ordinance Amending, Revising & Supplementing Chapter 71 and Chapter 93-4E of the Township Code of the Township of Washington, County of Warren, State of New Jersey Entitled “Park Fees” and Parks and Playgrounds respectively, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Jim O’Neill, 24 Glen Eagles Road wanted to clarify the ordinance. The previous change to the ordinance allowed a Hold Harmless Agreement to be signed by an individual to protect the Township and the Mayor said this was correct. O’Neill asked if this was just individuals, but if a group uses the pavilion they still have to have insurance and provide a Certificate of Insurance, this was also correct.
Strunk made a motion to close the pubic hearing, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Dempski, yes; Kovacs, yes; Horensky, yes.
Mueller made a motion to approve Ordinance 04-04, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes; Dempski, yes; Kovacs, yes; Horensky, yes.
Mueller made a motion to introduce Ordinance 04-05-Ordinance Amending, Revising & Supplementing Chapter 71 & Chapter 93-4E of the Township Code of the Township of Washington, County of Warren, State of New Jersey Entitled “Park Fees” and “Parks and Playgrounds respectively”, Strunk seconded. Glynn said the only difference between Ordinance 04-04 and 04-05 is that 04-05 makes it clear that insured organizations that previously produced a Certificate of Insurance should continue to have to do so, but individuals or families that wanted to use the pavilion do not have an obligation to do that. O’Neill had a problem with this ordinance, because if a 50 person or 100 person organization that is not insured, they would still be allowed to sign a Hold Harmless Agreement, which is worth northing more than paper written on. Glynn said it is a Hold Harmless Agreement.
ROLL CALL: Mueller, yes; Strunk, yes; Dempski, yes; Kovacs, yes; Horensky, yes.
Public Hearing and Second Reading will be April 19, 2004.
Dempski made a motion to introduce Ordinance 04-06 Bond Ordinance for the Purchase of Public Works & Office Equipment & Buildings & Grounds Improvement in the Township of Washington, County of Warren, State of New Jersey, Appropriating Funds in the Amount of $250,000 & Authorizing the Issuance of Bonds & Notes in the amount of $237,500, Mueller seconded. Dempski passed out paperwork on new computers,
software and other information. Kovacs said that $3,000 would be in the budget for sign in front of the Administration Building. Dempski and Strunk would like to see a breakdown of how the figure on the budget was figured.
ROLL CALL: Dempski, yes; Mueller, yes; Kovacs, yes; Strunk, yes; Horensky, yes;
Public Hearing and Second Reading will be April 19, 2004.
PUBLIC HEARING ON 2004 Budget (7:55 p.m.)
Kovacs said he had just received a note that the CFO had not intended on coming to the meeting, due to the weather, but would be glad to come if she could be picked up at her home. Kovacs recommended the Public Hearing go on and he would try to answer questions. The Mayor said he also had the telephone number of Ernst and Young and he could call him, if necessary. Dempski made a motion to open the 2004 Budget to the public, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Jim O’Neill, 24 Glen Eagles Road, said, based on what he sees in the budget, in appropriations, last year $30,000 was spent on salary and wages for Buildings and Grounds, it is zero this year - what happened to the figure? The Mayor said the person has moved out of Building and Grounds into the Public Works Department. O’Neill questioned, on sheet 13, under insurance, there is no appropriation for Workers Compensation Insurance. Kovacs said it is under Other Insurance now. O’Neill said there was an Inter Local Service Agreement with the State of New Jersey, Division of Motor Vehicle Commission Security Services Agreement, Police Salary and Wages for $105,000. Kovacs said the Township has received monies from the State, due Homeland Security and the Committee voted at the last meeting to hire another officer to be stationed at the Motor Vehicle Office when it is open.
Kovacs said there will be a budget coming out from the Fire District this year. O’Neill asked when they took over their own budget. Kovacs said the budget was done in February and passed. The Mayor said no funds have been raised yet and will not be raised for the budget until the tax bills come out in August. The Mayor said that the Township is continuing to fund the Fire District for 6 months, then the Township will be reimbursed once the funds start coming into the Fire District. Dempski made a motion to close the public hearing, Strunk seconded.,
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
(Ended 8:10 p.m.)
TOWNSHIP ENGINEER’S REPORT
Robert Miller, Township Engineer, gave a report on what projects needed to be addressed in 2004. He gave a list of projects that need to be addressed, some are in progress and some will require direction or decisions from the Township on how to proceed, if they want to proceed at all. Miller had been having discussions with deBoer, Public Works Manager, as to road and drainage projects in the Township. Last fall there was also a representative from DEP that went around and looked at drainage problems that effected either Township roads or properties.
There is the Old Canal Road ditch that goes from the Bowerstown Road down behind properties that front Old Canal Road and what needs to be done there. They had met with DEP on this.
Another one is Brass Castle Creek through the park. There was some concerns that the Recreation Commission and deBoer have on some flooding and breaking of the stream into the park area on certain storm events that possibly could have something done with. This has been discussed with a DEP representative also.
Rymon Road Drainage, which is a long time problem where the culvert crosses Rymon Road in the low spot and whether or not the Township could get involved in correcting some of this issue.
Bryan Road Drainage, there was a subdivision at the Land Use Board last year that brought some of this issue out. This was also discussed with the DEP representative, drainage there goes from private property on to Bryans Road and through property to Musconetcong River. Anything done there would involve DEP and permits.
Springtown Road, he and de Boer have discussed a low spot on Springtown Road before the hump and the possibility of doing something there. That would require some discussion with the property owner of Hawk Pointe and DEP also. de Boer wanted to make some improvements in the road drainage there.
Mc Cullough Road Drainage, he and de Boer had a DEP representative look at this. Miller expected some comments back on this issue, but has not heard anything yet.
Other issue is Pacesetter II, improvements need to be completed. This has been held up due to winter conditions. Emergency Access Road that goes from detention basin to the road in the development from Asbury Anderson Road connecting that. A pad for the school bus stop from the parking area on the recreation lot and repair of sinkholes in the detention pond. There is funding left over from bond money, but he was not sure if it would be sufficient, especially when they started repairing the sinkholes in the pond.
On Lanning Trail, de Boer has been trying to get a cul-da-sac built at the end of the street. One of the property owners there is willing to give the Township an easement. They will need to discuss, with this property owner, where this easement will be located. Miller said that at least two committeemen should be involved in this discussion, because it involves an old road that had been previously vacated.
Edgemere Terrace Drainage - the problem is coming from County owned lands in the back of the subdivision. Miller has discussed this with the County. de Boer has been involved with this. The County is looking to have the Township in helping to solve the problem in this area. Miller said the problem is partly springs and in winter time it was freezing and causing problems on private property, but there is also some surface water problems too. The County is looking to the Township to help them remedy the situation. Miller has not looked at this too much, because he would have to be authorized by the Committee to do so.
Miller said the de Boer wants to get involved with some catch basins and pipe work on Cemetery Hill Road and Buttermilk Bridge Road.
Another issue that just came up is the salt shed at the DPW garage. There was a failure on one of the columns and this needs to be addressed. A new salt shed will have to be put up or try to resolve in a more permanent way.
Miller said that on the Stormwater Management Regulations that the State has adopted. The Township is going to have to, this year, get involved and prepare a Stormwater Management Plan for the Township in accordance with the regulations. After that has been adopted, there is 12 months to adopt a Storm Water Management Ordinance. So, for this year, the Stormwater Management Plan will have to be done. DEP will have model ordinances and model plans published shortly.
These are things that Miller wanted to present to the Committee and said the Committee will have to give him direction on what projects he should get involved in and they might want to set up a liaison with him to handle these things or through the entire Committee. Kovacs said he volunteered to be de Boer’s liaison, but if Strunk wants it, it is alright, it is up to the Mayor. The Mayor said if Strunk wanted to work with Miller on these issues it would be fine.
Strunk asked Miller if there will be money for Pleasant Valley Road to continue that project. Miller said he has applied for that since the time it was received on the first section. He has reapplied every year to the State. Miller suggested that the Township get a letter from the school supporting and giving reasons why this needs to be improved, fire department and police department. Miller said he would even outline what should go in the letter. Miller said that even political influence would be helpful at this time. Miller said he put the first application in 5 years ago and has put an application every year since then. Miller said, if there are any other roads that the Township wants to go for State Aid, he recommended that they apply for at least 3 projects in the Township. The application would be due by June 30, so any applications for different roads than what he has applied for must be received to him by the end of May. Strunk asked the police to send a letter. Vergos said the Fire Department would support this as well. Strunk said a letter should go to the school asking them to get a letter sent. Miller said he would welcome any input on this. Strunk asked that Miller do the letter and give it to Clerk to go out on Township stationary. It was suggested that the Emergency Squad also be included in this mailing.
Dempski asked Miller if he heard about the New Hampton Bridge Widening Project. Miller said he just got the letter from the County last week and a set of plans. They are looking for any input that the Township may have on this. Dempski said he did not think they should be doing it. Miller said there is road improvements that need to be done to the approach as a minimum, at least in the Township. Over on the Lebanon Township side, it is probably alright as it is now. As to the structural capability of the bridge, he really did not know if there was a problem with that or not. He is not sure why they are doing this, but would be willing to make a telephone call and get some information. Dempski wanted more information. Miller said it would be a joint project with Warren and Hunterdon County and he did not know who the lead in the project. The design is going to be handled by Warren County. Dempski asked Miller, do you have a clear direction on how you should answer questions or comments from residents. Miller said no he did not. Dempski said he realized it is hard for the professionals, when someone gets their telephone number from the directory and calls them. Kovacs said that the professionals have always been told that they do not talk with residents, unless direction has been given through the Township. Miller said, in the past, he has not billed when he does talk with a resident. Miller said, the calls are getting more frequent. He gets a lot of calls from Realtors and attorneys looking for free information. He tries not to take them, but it is difficult sometimes not to take them. Dempski asked what if someone calls with a drainage problem. Miller said if they identify a drainage problem, before talking to him and tell his secretary, then he will usually talk with them. He will get basic information, then advise that he cannot do anything until he has received authorization from the Township Committee. Miller said he receives many calls from people looking for general information, people moving into the Township, or considering moving into the Township who want to know something about a certain lot and details, but he tries not to take these calls. Miller said it would be helpful if he had clear direction from the Township Committee on how they want him to handle calls, so there would be no misunderstandings. Kovacs told Miller to continue what he has been doing, because they haven’t had a problem with this. Miller suggested if it was a property owner and they had an issue or a problem, then he would spend 5-10 minutes with them. He would not bill the Township for this type of situation. The Mayor said that he felt that Miller, when talking to anyone, would start the conversation with the comment that he had not been authorized by the Township Committee to speak in length on any particular issue. If it is a general question you could answer it, but if it would be a detailed question that requires work or spending an excessive amount of time, you will have to get authorization from the Township Committee. Strunk said he would like to see the resident talk with him personally, it gives the tax payer a good feeling and this is important. Strunk said he would also like to know who is calling Miller. Miller said he could do a listing.
Miller recommended that, in order to make sure there is a clear line of communication and that he is dealing with the issues , and what he needs to deal with in terms of the Township Committee, that he attend a few meetings a year to update them on what is going on, answer any questions the Committee or Public might have. Miller asked if they would like a monthly report, a brief outline of what projects he was working on and the status of it in point and time.
Strunk said he would like to work with Miller and de Boer to prioritize the roads for the application. Miller said they might want to consider a sidewalk improvement project near the Brass Castle School and Castle Street and Bowerstown Road. This would be a separate application and would not be included with the road projects, it would be a Safety Application.
Miller said there may be roads the Committee want done, but they would not be good candidates for State Aid. The road must have a large volume traffic, in terms of township use, if school bus route, or school is on the road, any major drainage problems that must be addressed, widening of road if it is narrow, those are the things the State looks for in an application.
Miller said that the Canal Road Drainage Issue, the DEP Representative did not recommend piping that, so there is an issue on this. Improving the swale is an option. Dempski said that he is not bothered at all, but his neighbors have what seems to be a lake. There are several things in the area which compound the problem, there is nothing to prevent the debris going down, it just builds. Dempski said this floods two of his neighbors yards, almost into the basement. This is an ongoing issue. Miller said the solution is not going to be an easy one.
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. Resolution 04-41, 04-47 and 04-48 were removed for discussion. Strunk made a motion that Resolutions 04-37 through and including 04-40 and 04-42 through 04-46 be approved, Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Dempski, yes; Mueller, yes; Horensky ,yes.
Resolution 04-41 Release of Performance Guarantee for Hidden Valley ABD. Attorney Joel Kolbert, representing Hidden Valley was present and said he was present to answer any questions the Committee might have on the release of the bond. The Mayor said there was a resident/farmer-Christopher Hartshorne, off of Changewater Road that had come before the Township Committee on 2 occasions about the flooding on his land. The Mayor had gone to the property to see the flooding conditions and also engaged Miss Kerry Pflugh from the Washington Township Land Use Board, who is an employee of the DEP in the stream water section and she is continuing along the conversations on this in hopes of trying to have DEP take a look at it and identify where the problems may be. The Mayor said he had been involved with this flooding problem with another resident four years ago. There was a concern that the detention basin was not operating properly.
Miller said there are two issues. One relates to the release of the bond and the other is whether or not this drainage issue relates to the release of the bond. Miller said, as far as the Performance Bond is concerned, the Township has his letter written in terms of recommendation. They have constructed all the improvements that were required. From that standpoint, the bond can be released.
Miller said the detention basin would have been a Township requirement, but there is another issue and that is DEP, because they are on a stream that required permits from DEP they were required to go to DEP and get Wetlands Stream Encroachment Permits and comply with DEP requirements as it relates to storm water management, because of the proximity of the streams. The improvements that were approved, as part of this development, especially relating to storm water management were basically requirements of DEP. This includes the basin and the design of the basin and any improvements related to it. From the standpoint of the Township, they approved the development, but the improvements as it relates to storm water management meant the Township requirements because they were meeting DEP requirements. Kolbert said the DEP came out and look at the storm water management design and approved it. Strunk asked, if one of the detention basins is not functioning properly and not capturing or discharging or bypassing, is it Hartshorne’s contention that there is a silt problem that is causing his property to flood. Miller said it is not just siltation, it is his contention that it is the development.
Dempski said the Board of Health Report of March 10, 2004 stated that the detention pond is not functioning properly and the Township Engineer is working on the problem. Miller said he was not aware of this and was not sure what they would have to say about a detention basin. Dempski said, if the bond is going to be released, then he would like to see a deadline when this problem is going to be fixed before the Township is sued. Miller said he did not know where they would get the expertise to comment on this.
Kolbert said that under section 53 of the Municipal Land Use Law, all a developer is required to do is to meet the requirements of the bonded items. They have met every one of the bonded items and therefore, by law, are entitled to have the bond released.
Kolbert said that on September 18, 2001, Miller prepared a report, which was paid for by his client as a result of the complaint registered by Mr. Anema at the time on his farm. That report was completed and on page 5 of the report, Miller states there has been flooding here before this development, during it and will continued to flood, because it is in the flood plain area of the stream. On page 6, Miller discussed the fact that in order to reach B2 on the map and reach by the railroad there needs to be work done on the Anema Property in terms of certain ditching, which could help the situation. Kolbert said this would have been required whether the development existed or not. Kolbert said the developer has done all the plans by DEP, Warren County and Warren County Soil Conservation. Kolbert said he has no other recourse but to say give me the bond back, here is the Maintenance Bond. That is the law. Kolbert said the request to release the bond was first made in August and not once was his client requested to come before the Township Committee. Kolbert said the Township has a legal obligation to release the bond.
Dempski was concerned about the sinkholes. Miller said that Kolbert mentioned that bonded items are covered under the Maintenance Bond. Sinkholes are part of the Maintenance Bond, because they were in the original Performance Bond. Miller said the Maintenance Bond will not cover anything down stream. The Maintenance Bond covers installation of improvements on approved plans and that would include the two detention basins and any other drainage improvements on the entire site that the developer was required to do. Sinkhole repair is also included in the bond, if a sinkhole develops in the next two years, it will be the responsibility of the developer to repair it. Miller said, as far as he is concerned, if a sinkhole develops on this property it is covered.
The Mayor asked Miller, if it is determined for some unforseen reason the DEP made a mistake in its design, would any correction made as a result of this, could this be taken from the Maintenance Bond? Miller said this is a legal issue.
Kovacs made a motion to approve Resolution 04-41, Release of Performance Guarantee for Hidden Valley ABD, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, no; Strunk, no; Horensky, yes.
Strunk asked the Mayor call Hartshore to make sure his problem has been addressed. The Mayor will call him.
Attorney Lowcher said he represents the contract purchasers of the Anema Farm and there are definite issues with the drainage and flooding on the property. He would be interested in talking with Dempski on the report from the Board of Health. Also, if there is a meeting with Hartshorne, then the contract purchasers of the Anema property should be included as well. The Mayor will call Lowcher on this matter.
Resolution 04-47 - Kovacs made a motion to approve Resolution 04-47, Amendment to 2004 Budget, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes.
Resolution 04-48 - Kovacs made a motion to approve Resolution 04-48, Adoption of 2004 Budget, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes.
The Mayor said, due to weather conditions, he asked the Committee to try and move issues that involved people in the audience.
OLD BUSINESS
Recreation Commission - Glynn recently called Attorney Gruenberg, who pointed out that, in his view it would be appropriate for the Recreation Commission to go before the Land Use Board for a variance, solely for the reason that any objecting surrounding property owners would have an opportunity to be heard. The Mayor asked if the fees could be waived, because we are asking our professionals to review our own plans. Strunk said there will still be a bill, from other professionals, Land Use Board Engineer and Attorney, there will be costs involved. Kovacs said there is money in the budget to cover outside professionals such as this if bills are received. Glynn said this will not be a lengthy procedure.
The Mayor asked the Fire Officials present if they were ready for Item 6 and 7. Jim Vergos, Fire Chief, asked that these items be discussed in Executive Session. Glynn asked why, because there had to be a reason for Executive Session and Vergos said it would be Funds Not Accounted For. This will be heard in Executive Session. Item 10- Discussion on 50' Easement for Future Road Right-of-Way. Attorney Alan Lowcher said he represents Ed Marks 31, who owns Block 65, Lot 8.02 and 8.03. The front of the property is directly across the street from the new Jack Smith Automobile Dealership on Route 31. His clients appeared before the Land Use Board and received a variance to permit them to use lot 8.03 for a new automobile dealership facility and also part of the minor subdivision approval could take a portion of 8.02 and eventually merge it with 8.03 so it was a conforming lot for an automotive dealership. Mark’s engineer and Rossi was also present to discuss some of the needs to use Lot 8.03. Rossi said approximately 5 years ago approval was given by the Land Use Board for 8.03, which is a 3 acre parcel for the construction of the existing building for Color and Chemical Technologies. Apparently, there may have been some thought about a potential roadway which would extend north toward the Hawk Pointe Project at that time. However, since that time, the roadways and plans for Hawk Pointe has been developed in such a way that it is virtually impossible for any roadway to continue north, but rather the roadway would be common driveway, which proceeds east from Route 31, would turn to the south and service the lands consisting of about 26 acres in the office research zone. Rossi asked that the Township Committee review their previous concerns about possible roadway that would continue through Hawk Pointe Project. Rossi asked that the Township Committee, in whatever method that is most convenient with the Committee, to vacate the easement for service road. Kovacs asked, if the Township Committee grants the easement, what is the next step in order to get whatever approval is required, do they go back to the Land Use Board? Lowcher said they are in the middle of preparing a preliminary major site plan to be presented to the Land Use Board. Kovacs asked Glynn, would the Township Committee have the option, if it is vacated, that it be contingent that it be approved by the Land Use Board. If they do not get approval from the Land Use Board, then it reverts back to Township. Kovacs made a motion that the 50' easement be approved, pending approval by the Land Use Board, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
A break was taken from 9:55 p.m. until 10:10 p.m.
Item 5 - Appointment to Open Space Advisory Committee. Dempski had submitted the name of Mark Murray to the Open Space Committee. Dempski said there are two seats available and he would like to get the Open Space Advisory Committee operational again, because he wants to capitalize on grants and do a Water Quality Study. After discussion on whether Murray would be eligible according to the ordinance. Kovacs said the ordinance on the Open Space Advisory Committee needs revision. Dempski made a motion that Mark Murray be approved as a member of the Open Space Advisory Committee, if the appointment would be in accordance with the Ordinance, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Item 1 - Richard Cotton/Discussion Cotton said, for clarification, he did not get a chance to thank Miller, Township Engineer, for opening the communication. This is a good idea and the interaction may resolve some of the problems that have developed through development projects, the lack of communication.
Cotton said, on the notification, there had been discussion on the park, and he would like to take a look at the proposed soccer field on Asbury Anderson Road. He has heard about this, has requested plans, but has not seen anything yet. There is a real potential of danger in this area with the golf course and there is the issue of drainage that may happen in parking. So, they would like to work with Miller on this and discussions on drainage on Springtown Road as well.
Cotton said the real reason he was at the meeting this evening was to talk about the Hawk Pointe Project, in general, which was conceived in 1997. He realized the tax issues could not be discussed, but it is an issue that will inevitable come up. Cotton would like the opportunity to work with the Township Committee to find out, because extensive time has been taken on it and is burdensome.
Cotton said, they have closed on Piney Hill Farm, there will be another 126 acres in permanent farmland in Washington Township.
Cotton said there is some legislation on Transfer Development Rights (TDR), which will be coming to municipalities. It is a tremendous tool to do Open Space Planning and at the same time look at some economic development and opportunity where the infrastructure exists. Cotton would like to discuss a TDR Program with the Township and how it could achieve open space and at the same time deal with the ratable issues.
Cotton said there is a new panel called Highland Coalition, which is going to have a broad overview on land use decisions and planning and will affect Warren County and Washington Township particularly. At the same time, the State is working on the State Plan, through the State Plan Endorsement. Cotton said he would like to encourage the Township to take a real hard look at some of the opportunities and he would like to work with the Township Committee to find out what they may be and how it will be effected by some of this legislation.
The Mayor said he and Mueller had recently met with the Chamber of Commerce relative to the issue of economic development. Mueller has expressed a desire to help to investigate opportunities for economic development in the Township and he will work on this as well. The Mayor said that Dempski has a very
strong interest in doing open space work and will continue on the track of preserving the lands. The Mayor asked Dempski to look into TDR and report on it at the next meeting. The Mayor would like to seek out residents that have the expertise and desire to assist in pursuing the economic development. One of the concerns he has in opening this up to the general public is always perception and he would encourage, although there are a lot of businesses in the Township that have expertise and desire to help, he would rather use them as a resource for the Committee to look at, as opposed to placing individuals who have property ownership in the business sense on that Committee. The Mayor wants to avoid any public misconception.
The Mayor will look into Industrial Development and after the next meeting, will come back with some proposed language, which will be reviewed by the Committee.
Item 1 Kovacs made a motion to approve the request from the Clerk to attend the 46th Annual Spring Education Conference on April 1 and 2 in Atlantic City, Strunk seconded. All were in favor.
Item 2 Strunk made a motion to approve the Public Works Manager attending a seminar on Roadside and Right of Way Vegetation Management on March 23 in New Brunswick, Dempski seconded. All were in favor.
Item 3 Kovacs made a motion to approve the Public Works Manager attending a seminar on Technical Training for Stormwater Management in Florence, NJ on March 25 and 26, Strunk seconded. All were in favor.
Item 4 Appointment to Warren County Solid Waste Advisory Council was tabled for now.
Item 8 Kovacs made a motion to approve the Raffle License for Abilities, Strunk seconded. All were in favor.
Item 9 Strunk made a motion to approve the Raffle License for Washington Township Youth Association, Kovacs seconded. All were in favor except Dempski who abstained.
Item 12 Kovacs made a motion to approve the Panther Football Team using the Police/Municipal Building Meeting Room on March 27, 2004 from 9 a.m. until noon, Strunk seconded. All were in favor.
PUBLIC QUESTIONS & CONCERNS
James O’Neill, 24 Glen Eagles Road, said the best way to approach this was, for the last two weeks he has had conversations with people who told him some disturbing information. O’Neill said, during the last year when he sat on the Committee, they had entered into some negotiations and concluded some negotiations with respects to some tax issues on Hawk Pointe. At the time, they entered into an agreement that there was a particular value placed on the golf course, which was negotiated and settled. He now understands that the Committee is spending tax payers money going back over the same ground already gone over, to the extent that the Committee has gone out and hired another attorney to represent the Township in this matter. O’Neill said, now sitting in the public and very disturbed at the Committee for spending money and going over issues that have already been gone over on many occasions. O’Neill said he was disappointed and upset, because a lot of time, effort and money has been spent going through this issue before. O’Neill said he would appreciate any comments the Committee might have. Kovacs said, under the circumstances, this is pending litigation and cannot be discussed. O’Neill asked what the litigation was and Glynn said it was a tax appeal. Kovacs said that was the settlement, this was outside the settlement.
Bruce Wilson, 127 East Asbury Anderson Road, asked if the public can know the attorney’s name that has been hired, is the public allowed to know the billable rate, can the public know what has been billed to date on this litigation and wanted to know the rights of the public on this situation. Dempski said the rate is $125 an hour and the attorney’s name is Martin Allen, who is a specialist in tax appeals. Glynn said the Committee made a decision in the beginning of the year to hire Allen as a specialist in the area of tax appeals. There has been one court session, which took place about two weeks ago in tax court. The Tax Court Judge conference the case with both attorneys, set some scheduling deadlines for things to be done. Glynn said it is an ongoing matter. The Mayor, being one of the two that were on the Committee in 2003, said he thought it was about $5.4 million in 2001, 2002 and 2003. The current assessment is in excess of $7 million, Cotton said closer to $8 million. Strunk said he felt the Wilson had a right to know certain things, but this has gone beyond what should be discussed. Wilson said this was a major commercial ratable that he happens to have his property backing up to and he is pleased it is there. Glynn told Wilson that what he was asking was, what was the Tax Assessors thought process when he came up with the most recent number and the Committee cannot answer this. Wilson asked if Schmidt was a skilled person to properly assess a golf course at its true value and he felt this question is pertinent. Kovacs said the Schmidt is one of the best at his job in the State of New Jersey as far he was concerned.
Wilson said the Committee has again entered litigation, at the taxpayers expense and he thought the people had a right to know if they were using good judgement or not. Glynn said it was his understanding that a tax appeal was filed by the property owner, the Township did not initiate this matter. Kovacs said this should not be discussed at all, Strunk agreed.
Cotton asked to make a comment on the record. He said the thing most offensive to him is the time and energy he has spent on things and if there was a question about the tax appeal, that the first order of this Committee certainly knows where he is and could have come down and had a discussion. The posture, he said feels almost ridiculous, to talk about bringing other economic development to the community with his resources and time when the first posture of business with the Committee was to hire an attorney to come down, instead of talking about the value of the golf course. This was offensive to him as the largest ratable in the municipality or what you want it to be, to not have a discussion almost seems like a mute point to start discussing economic development when there is a driving force in the Township, the golf course. This will cost him time and Township resources in looking something that has already been resolved instead of going to the future and he wants his comments made part of the record. Glynn asked Cotton when he filed the tax appeal, Cotton said as soon as they got the new value last August. Glynn asked if Cotton was bumping up against a filing deadline that it had to be filed right away, Cotton said yes. Glynn said that Cotton’s attorney did not contact the Township and ask for a meeting. Cotton said he did, through Michael Schmidt, and has been doing so since they started the project, because it is a complicated project. Cotton said that he has been filing appeals since they started on the values of the projects, which have been unrealistic and substantiated by that, by the actions of the Committee to settle and if they had a different position they would not settle. Cotton said they are now in the same position they were two years ago.
EXECUTIVE SESSION
Kovacs made a motion to go into Executive Session at 10:58 p.m., Strunk seconded. All were in favor. The Mayor said that matters be in following order: Peter de Boer, public work department, Chief James O’Neil, police; James Vergos, Charles Wian and William Cooper, fire personnel and pending litigation.
The doors were opened. Strunk made a motion to come out of Executive Session at 1:30 a.m., Dempski seconded.
Glynn asked the record reflect that the Township talked about retaining the expert in the Asbury Farms/Hawk Pointe Tax Appeal as requested by Martin Allen and proposal was reviewed. Strunk made a motion that the Township retain the expert as recommend by Martin Allen for proposed fee, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Dempski, yes; Kovacs, yes; Horensky, yes.
Glynn said, on the Tarsi matter, he will be contacting her attorney, request an update and ask she file for temporary disability benefits.
The Mayor said there were discussion with de Boer, Public Works Manager, relative to an employee coming off of probation. Kovacs made a motion that Resolution 04-49, Amend Resolution to Authorize & Approve Salaries & Wages for Certain Employees, Brandon Miksch to be increased to $17.95, effective 4/5/04, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Muller, yes; Strunk, no; Horensky, yes.
Dempski made a motion to approve the hiring of Phillip Smith, Patrolman, Step 2, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Strunk made a motion to approve Resolution 04-50, Amend Resolution to Authorize & Approve Salaries & Wages for Certain Employees, Phillip Smith, at Step 2, retro-active to March 8, 04, Dempski seconded.
ROLL CALL; Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
PAYMENT OF BILLS
Dempski said that he did not think that everyone may like Municipal Software, but he is not happy with the bills being received. There was a bill for $167 for a plug which had 3 plugs and a power supply, it is too much. The part itself costs $32 and the labor to install was $135, this is not realistic. Kovacs said that the key here is not to change them, but talk to them about the way they are billing and that the Township is thinking of changing. Dempski said they may need to renegotiate their maintenance agreement. Mueller made a motion to pay the bills, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes; Dempski, yes; Kovacs, abstain; Horensky, yes.
OTHER
The Mayor asked the Committee authorize Glynn be to contact Attorney Charles Lee, per discussion in Executive Session, Dempski seconded.
All were in favor.
Kovacs said that the Township has got to get a written agreement with the court. It is time to put a contract in writing with them. The split was changed this year and the CFO is not sure that we are paying 55/45 and doing a 50/50 split on the income. A procedure must be written and the Township must have input into things.
Kovacs said that he and the Mayor had a discussion on the rates being charged by the police. Warren Hills is not happy with the rate being charged for overtime when the police go up for games, etc. They have only been billed for 8 hours. Chief Mc Donald puts the billing together and has to bill for 120 hours. Dempski said they are unhappy with the $20/hour for the car, that is what they are unhappy about. The Mayor said the Borough’s rate is $55 and the Township’s rate is $60. Kovacs said that the amount set was part of the last contract. Dempski said it was not the rate the school was upset with, it was the $20/hour per car, not the salary paid to the police. Strunk said he wanted to cover the costs on this. Kovacs said they are paid $47 and the extra $13 (total $60) is for taxes and other things that must be taken. Strunk said if they are only billing the high school $60, then they are barely covering the costs to the Township. The Mayor said if the school is happy with paying the $60, then let it go at that. Kovacs said the officers have been paid for this 120 hours and the Township has not been reimbursed yet. The Chief has not done the billing yet on this. Dempski will call the school tomorrow on this matter. The Mayor asked if anyone had a problem with not charging for the car and they did not. Strunk wants the rate to cover the costs on this. Dempski said he met with Peter Merluzzi, Superintendent of Warren Hills Regional School for two hours to review some matters and the expansion to the school. The price for the football stadium is going to be between $3 million and $4 million.
There being nothing further to come before the Township Committee, Kovacs made a motion to adjourn at 1:45 a.m., Strunk seconded. All were in favor.
Respectfully submitted,
Mary Ann O’Neil, Township Clerk
