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TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
May 18, 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 7:35 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, transmitted to the Express Times and posted at the municipal building.
ROLL CALL: Dempski, present; Kovacs, present; Mueller, present; Strunk, present; Horensky, present. Township Attorney Edward J. Glynn and Township Clerk Mary Ann O’Neil were also present.
SALUTE TO FLAG
APPROVAL OF MINUTES
Dempski made a motion to approve the Executive Minutes of April 19, 2004, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Kovacs made a motion to approve the Regular Minutes of April 19, 2004, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
PROCLAMATIONS
The Mayor read a proclamation designating June as Myasthenia Gravis Awareness Month.
The Mayor read a proclamation designating June 3, 2004 as National Hunger Awareness Day.
ORDINANCES
Kovacs made a motion to open Ordinance 04-07 Ordinance granting Renewal of Municipal Consent to Comcast of Northwest New Jersey, LLC, to construct, connect, operate and maintain a cable television and communication system in Township of Washington, Warren County, New Jersey, to the public, Mueller seconded. All were in favor. Richard Flint, Skyview Drive, said it may not be appropriate, but the large increase in rates is way out of line. There is no choice. A lot of the information received is useless and the rates go up 6% to 7% a year. Dempski said that senior citizens get a 10% discount on basic service if they have a qualified of PAAD (Pharmaceutical Assistant to Aged & Disabled) and Comcast will be coming to the Township once a year and at that time complaints can be discussed about service, rates, quality of service and how you are treated when you call. Mueller made a motion close the public hearing, Strunk seconded. All were in favor. Kovacs made a motion to adopt Ordinance 04-07 after the public hearing and second reading, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Kovacs made a motion to approve Ordinance 04-08 Ordinance Amending Chapter 72 of the Code of the Township of Washington entitled “Fire Prevention (Transferring Washington Township Fire Official and Fire Inspector to Washington Township Fire District #1) on first reading, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Strunk, no; Horensky, yes.
Public Hearing and second reading will be June 15, 2004.
RESOLUTIONS The Mayor advised that any item for discussion should be removed prior to approval. Otherwise, one motion will cover all items on Consent Agenda. Resolutions 04-58, 04-62, 04-64 and 04-71 were removed. Dempski made a motion to approve Resolution 04-56, 04-57, 04-59 through 04-61, 04-63, 04-65 through and including 04-70 and 04-72, Strunk seconded. All were in favor.
04-56 Release of Driveway Performance Bond, Pinnacle Hawk Pointe Developers, Block 65.06, Lot 18
04-57 Award of Contract /Professional Services Without Bid (Buchalski, Reynolds& Brodowski & ENSR)
04-59 Resolution Granting Wayfarers permission to obtain a NJPDES-DGW T-1 Permit
04-60 Renewal of Liquor License/Hawk Pointe Golf Club
04-61 Renewal of Liquor License/Oakwood Lanes & Sports Scene Restaurant
04-63 Resolution Authorizing the Change of Insurance Carrier/AETNA
04-65 Renewal of Liquor License/Pohatcong Club/VFW
04-66 Tax Sale Certificate Redemption, Bl 5, Lot 1
04-67 Refund of Payment Made to Incorrect Municipality
04-68 Release of Washington Township Land Use Board Escrow, Fred & Karen Graf, Bl 18.01, Lot 3
04-69 Resolution /Request to Abandon Right of Way/Roadway Purposes/approved by LUB on 4/14/04
04-70 Transfer of Fire Company Vehicle (Command Vehicle) to Fire District #1
04-72Dedication of Hidden Valley at Washington
The Mayor asked that Resolution 04-58 be held until later in meeting. He had a meeting this evening and residents involved with this resolution will be present and he would like their input.
The Mayor asked for a vote on Resolution 04-62. Strunk said that Joseph Kennedy was present and wanted to talk regarding the dental plan. Kennedy said he had given a quote with Guardian on the dental. On Friday he got notification that they reduced their rate. He did not know if the rates were lower than the plan the Township went with, but he has been unable to reach CFO and advise her of this matter. That is why he was present at the meeting. Kennedy said he had the Township dental for 15 years. After discussion, it was determined that the decision to go with Met Life Dental had been approved at the last meeting. The Committee did not want to chance losing any coverage for the employees. Kovacs made a motion to approve Resolution 04-62, Resolution Authorizing the Change of Insurance Carrier/Met Life Dental, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes. Strunk said he would be interested in seeing that the CFO gets a copy of the reduced rates. Kennedy said he had already e-mailed the information to her.
Dempski made a motion to approve 04-64 Amend Resolution to Authorize & Approve Salaries & Wages for Certain Employees, Ronald Pantuso, Mueller seconded.
ROLL CALL: Dempski, yes; Mueller, yes; Kovacs, yes; Strunk, yes; Horensky, yes.
Kovacs made a motion to approve 04-71 Award of Contract for Professional Services Without Bid (Roger Woolf), Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, no; Mueller, yes; Horensky, yes.
PUBLIC QUESTIONS & CONCERNS(7:55 p.m.)
Claire Tondreau, 61 New Hampton Road, said the reason she was at the meeting was that a very wide two lane bridge is being planned to replace a current one lane bridge over the Musconetcong River, between Hunterdon and Warren County. There was meeting earlier today with County and Township Officials so they could visit the site. There are a number of residents on both sides of the river that are extremely concerned about the traffic and what is now a rural neighborhood will be compromised by a two lane bridge. It is an easy cut through between Route 31 and Asbury Anderson Road. Their concern is there will be a tremendous increase in traffic. The engineers, on both sides, said there are tremendous liability issues. The residents understand and want to be sensitive to them, but if the two lane bridge gets built, the liability shifts to the Townships and residents. Their concern was safety in the residential and historic area and their way of life.
Jim Chesterton, 40 Musconetcong River Road, said this is a living historic district. The bridge will create an increase in the volume of traffic, especially in the evening. The two lanes will open the bridge for 18 wheelers to use. He would like to see it repaired and kept a one lane bridge.
Loretta Gruber, 56 New Hampton Road said the bridge needs repairs and not expanded to two lanes. She would like to keep the road safe for children.
Arlene Muzzreka, 43 Musconetcong Road, said the houses, which are historical, are too close to the road. They are only 8-10 feet from road. This is an area of limestone geology, which is susceptible to vibrations. The home would experience problems with increased traffic. Some drivers are careful and drive slow, others do not. The windows in the homes actually rattle when some cars go by. This will cause damage to homes.
Brian Burnds, Musconetcong River Road, said this will cause extreme difficulty with the children on the roads. There is all the traffic from Route 31 an if it gets back up, they will use this as a cut through. They just want to keep what they have and try to preserve it. They are trying to nip the problem in the bud. He said any improvements invites people to use the road and they want it to stay the way it is. The bridge should be repaired - not widened.
Tom Birkner, 61 New Hampton Road, said only one car can pass on the bridge and there are many sharp turns, which forces you to go slow. Two lanes will increase the speeds on the bridge. They have a beautiful valley and do not need a wide bridge.
Joni Note, 43 Musconetcong River Road, said she would like to add to what Arlene Muzzeka said about the geology of the area. They have basically a three stripe situation: (1) limestone and limestone caves on the Warren County side of the river, (2) a high water table and (3) a river, because of the leaves and everything else coming into it naturally is very acidic. What you have is an excess of load bearing on a road which it cannot take, limestone, high water table, unstable sediments and you are asking for disaster, because houses will settle and sinkholes will develop. If you look at the very edge of Musconetcong River Road where it intercepts Route 31 there is a constant succession of pot holes that are always being filled. This is evidence of a sink hole, possible developing, rather than excessive traffic. The other issue is that attracting more traffic will attract more speeders and it will put an unnecessary burden on law enforcement. She would like to see the bridge repaired and kept the width that it is.
Andy Levine, 116 East Asbury Anderson Road, said he used the bridge every day on his way home from work. Maybe one day a month, as he drives up to the bridge, there may be a car coming in the other direction. There is no other traffic on the road, so there is no need to widen the bridge. If the bridge is widened it will increase the traffic flow and truck traffic into a small neighborhood. The bridge should be repaired, or replaced with one just like is there now.
Dean Springmeyer, 20 New Hampton Road had been at the meeting held this day. He came away from the meeting with a high level of frustration, because the only thing that could be agreed upon was that the bridge needed to have something done with it. It either had to be repaired or replaced. However, at that point, there was no meeting of the minds. It was frustrating, because there were people and the Mayor there from Lebanon Township who were opposed to replacing this bridge with a wider bridge. There were people there from Washington Township that were opposed to replace this bridge with a wider bridge. Mayor Horensky stayed neutral. The only people present that wanted to replace the structure with a wider bridge were the engineers. The question is “Why?” The engineers said it was necessary because there was a safety concern, but there is no evidence that the bridge at its current width represents a safety concern. Chief Mc Donald said there is no record of any accident activity at the bridge from the Washington Township prospective. They also mentioned maintenance issues, which are not a factor with a repaired or replacement bridge that is at a narrow width. It will be the same maintenance factor in either event. The engineers fall back on the interpretation of the AASHTO Regulations. Springmeyer said it does not seem fair that they have to seek legal counsel to get a clear interpretation of the rules. Springmeyer asked that the Township Committee support a request to keep that bridge at the current narrow bridge for the purpose of not making it two lanes wide. He also asked that the Committee consider utilizing the Township Attorney to assist them in interpreting these regulations so they have a leg to stand on.
Jim Cook, 43 Musconetcong River Road, wanted to make it clear that Lebanon Township has gone on record as opposing replacement of the bridge.
Lenore Springmeyer, 20 New Hampton Road, said she has lived here for 20 years. She said that before it was developed, people on the board did not even know the road existed. When the decision was made to make the road as wide as it is, the people that lived on the road said, please don’t, it will invite cutting through, it is a residential road. Nobody would listen. Then, the Township, as she saw it, basically cut their teeth on learning about developers and development on that little street, on releasing monies without things being done, without being able to collect the monies and having to pick up the tab at the end. What do they have, a million dollar road, so they were told that is wider than any road around, except Asbury Anderson or Route 31. There are only 20 houses on the street. People use it as a cut through. It is dangerous, there is no benefit in putting in a two lane bridge. Trees that are over 100 years old will have to be cut down. The Township would only be inviting more problems, not correcting anything. She said that the people elect people to the boards and committees to look after their interests. The residents of New Hampton Road, almost unanimously, are opposed to the two land bridge and they should be listened to.
Della Corbin, 6 Bridle Path Lane, is opposed to widening the bridge. Strengthening the bridge would be fine, but it is not necessary to widen the bridge. If they put in a two lane bridge in, then the people of New Hampton will have to do something with the children who walk up and down and catch the buses. It would not take the additional traffic.
Mayor Horensky said he had been at the meeting this date and asked if anything substantial was discussed after he left. There was nothing. The Mayor said that Freeholder Gardner, from Warren County, and Freeholder Melnick was there from Hunterdon County, Assistant County Engineer from Warren and Hunterdon County, residents, himself and mayor of Lebanon Township. He sensed that both sides were wresting with several issues. There was nothing that was said by the residents that repairs should not be made to the bridge or the bridge should not be put together in a way that is safe for transport of individuals. There was nothing that the engineers said that they were not concerned about the ascetics of the community or the safety of the residents of the community. The engineers position was that they have certain standards they have to meet and identified those standards. The talked about the structure of the bridge and the way it is designed right now and the problems they currently have in terms of maintaining the river below. The superstructure of the bridge is in terrible shape and would have to be repaired. They identified problems with the leaning walls to the bridge, support structures, so they came up with engineering reasons why the bridge could not stay the way it was right now. They were offering a wider bridge. They said the standards would not allow them to build a one lane bridge anymore.
The Mayor said when he left the meeting they were talking about issues and the prime problem is the increase in traffic across the bridge. Nobody wants to see this increase in traffic across the bridge. They were beginning to start addressing this issue, to see if it can be addressed other than, building the bridge or bridge had to be built that way, were there other ways the approaches to the bridge could be addressed to minimize traffic and eliminate truck traffic. There was a divergence when it came on how to resolve the issue of making a safe bridge, without adversely effecting the quality of life in the area.
The Mayor said that Freeholder Gardner was concerned about the liability issues relative to the County. It is a County structure and if they build the structure and if the engineers are correct in their analysis of the situation and a one lane bridge was built, it would not meet standards. If it would not meet standards, then the County would be open to liability issues and if anything every happened, they would be hung out to dry.
On the other hand, if the bridge was widened, that if either municipality did anything on the approaches to the bridge to encourage traffic, then the general consensus was that they may be opening the Townships up to a liability issue. There is a large body of information that has yet to be agreed upon.
The Mayor would welcome the opportunity to meet with the County. They were willing to sit down and talk about it. The Mayor said he has not done any research relative to the position of the County as to whether or not they want one lane under any condition if one lane can be built there. The Mayor would be interested in pursuing this with the County to make sure they have turned over every stone. They are a very competent engineering staff, but sometimes when you have two sets of eyes looking at something you can find different avenues on different issues. The Mayor said there are State Funds available right now to rebuild that bridge at no cost to Warren County Tax Payers, nor Lebanon Township or Washington Township. In their eyes, it must be according to the standards that require it to be two lanes.
Kovacs said that the intent of the Master Plan by the Township Committee and Land Use Board was to keep the area rural as much as possible. Widening the bridge certainly runs counter to that. He disagreed with their argument on standards and can see how they would follow those standards if they were building a brand new bridge from scratch, but they were not, they are repairing an existing bridge.
The Mayor said the resolution that had originally presented this evening may have to be amended and another WHEREAS be put in stating the Township requests that the County open the dialogue with the Township, to look at the option of a one lane bridge, so that engage the County to discussion of items on how it can be done to construct a one land bridge there. The bridge is not safe and there is documentation on this. Something has to be done with the bridge. There are certain financial issues and we can not just say that we do not care about them. The Mayor said that Glynn should draft another WHEREAS for the resolution, hopefully by the end of the meeting. The Mayor said he would be in support of passing this resolution of a one lane bridge, but he would like the language in there that would allow the Township and County to have continuing dialogue to see if they can be convinced that there are sound alternatives to the County proposal.
Dempski said it should be brought up that there should be no widening of the bridge or increased weight limit on the bridge. Strunk said he took exception to the weight limit issue, because the bridge should be able to support emergency vehicles if needed.
Strunk would like to see the County’s factual information that says the people aren’t getting their questions answered as to why it cannot remain a one lane bridge. Show him in writing that a one lane bridge cannot be built.
The Mayor proposed the language to amend the resolution, which was, WHEREAS the Township of Washington is desiring to continue a dialog with the County, specifically the Warren County Engineering Department, to explore all possible funding and engineering alternatives to a two lane bridge so that a one lane structure can be effectively constructed in that area. Glynn said this was good language. Kovacs said it should also included in the BE IT RESOLVED or THEREFORE section that the Township of Washington supports repairing the New Hampton Bridge and keeping it the same width.
Andy DeVine said, on the repair issue, it was estimated by the County Engineer that it would cost $250,000 to repair and building a new bridge $1.2 million.
Kovacs made a motion to approve Resolution 04-58 Supporting the Repairing of the New Hampton Road Bridge, as amended, Dempski seconded
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Stunk, yes; Horensky, yes.
(Ended at 8:55 p.m.)
NEW BUSINESS (Agenda was changed to accommodate residents)
Item 7 Kathy Enz, 18 Spring Lane, had sent a letter to the Committee, which explained her reason to be present at the meeting. Enz said only two residents live on Spring Lane and her house goes on into White Township. Two years ago the other resident wanted it paved, she did not. She did not see any reason for paving, but it needed regrading. The day after it was graded the neighbor went out and dug a hole in the newly graded roadbed to the corner pin, which is the joint property line. There is no argument about the property line. They then put a string up the driveway to the next corner, which serves no purpose. She eventually threw the string away. In January 2004, there is a new hole and new yellow nylon string with pink survey strings attached and an orange bulls eye sprayed in the dirt where the pin was. In March, last time sprayed, the orange bulls eye is now about 2' across. She can see ths for 200' as she is coming down her driveway. Enz was hoping a letter could be sent advising the resident not to dig holes in the public right-of-way. Kovacs asked if this was a private road, Enz said it was a Township road. de Boer said he had spoken to Robert Miller, Township Engineer, who said they have a right to maintain the surveyors stake, even if it is in the Township right-of-way. However, if the string is in the right-of-way, then the Township could ask them to keep the string out of the right-of-way. de Boer said the Township will probably have to have the Township Engineer do a survey the road to define where the Township’s right-of-way ends. Glynn said it is a public road and nobody disputes that. Glynn said people have a right to maintain their pin, but what is involved, it is in the ground. Glynn said if the pin was always in the Township’s right-of-way and still is, then the resident do not have a right to be doing anything to block that area of the roadway. Glynn will write a letter to Mr and Mrs Leroe explaining that they do not have the right to, in any way, obstruct the Township’s road with a string or by digging a hole or spreading paint on it. The letter would also state that the problem was discussed at a Township Meeting and this was the position of the Committee and ask them to stop.
Item 8 Residents/Pacesetter Development/Soccer Field - Nick Bonsignore, 7 Jockey Hollow Road in Pacesetter Development said that their goal tonight was to provide the Township Committee why they felt this soccer field should not be used for soccer and soccer type events. The first issue is, that when Tom Flath, Developer, presented this area to all the original homeowners it was a “Tot Lot” and he presented a brochure showing same. This is also in all their deeds. Their concerns are Safety and Quality of Life and Property Values. These events can generate traffic, which is something a small development is not equipped to do . There is no designated parking area. The safety of the children should be considered. There is only one road for all in and outbound traffic. Also, they have a safety issue with their children and strangers. The children recognize everyone’s car and license plate, now strangers would be introduced into the development.
The liability issues there is a raised berm on the edge of the field. Their property is on the corner, so it touches the corner of this field, but other neighbor’s homes are adjacent to the field and actually climbs up the berm. There are boulders surrounding the berm which are very attractive for children to climb. These boulders are on private property, so there is a liability concern. Who is responsible is someone gets hurt? What happens if soccer balls wind up in their yard? He has dogs. He has gone to great lengths to keep his pool private, but it is a raised berm, so this field looks down on him. There is no way for him to create a physical boundary, it would have to be 20' to do something.
Bonsignore wanted to know start and end time of the games, are they sanctioned events, what about stay home moms, is there a level of security for those using the fields?
Bonsignore recently refinanced, which was before the soccer goals were installed. The man doing the survey, it said no functional or exterior inadequacies noted, frame is good quality and no repairs required. However, subject views an old farm to the rear, which is effectively inferior to the typical view in the area. So, the price of the house was dropped for that. Surveyor said they should be thankful that it wasn’t a recreational field, or it would drop the value of the house even lower.
The other concerns are, if this field goes forward, will there be installation of lights, installation of bleachers, installation of trash containers, will it be rented out to other communities, will there be the installation of concession stands and installation of loud speakers and PA Systems?
Strunk said when this development was approved, this land was intended to be used as a Recreational Field, not a Tot Lot. Dempski said it is just an overflow practice field right now. Dempski said he had talked with Richard Flint, Recreation Commission, and there will be no games, no lights and no bleachers at this site. Flint said it has been graded and seeded and old soccer goals were installed on the site. There has been no use this spring during soccer season, but it is strictly intended to be used for practice. There is a so called parking area now on the east side, but not many cars are anticipated in the area. It would be one team at a time practicing.
Kovacs recommended the Recreation Commission meet with the Pacesetter Residents and bring results back to the Township Committee. Dempski and Flint will meet with the residents and bring their concerns to the Committee.
Terry Branunas, 15 Jockey Hollow Road, said that he had spoken with Flint and it was a relief to the residents that the soccer field is for practice only. Branunas said that Flint had mentioned that trees may go up, which would be helpful. Flint said they prefer vegetation, but would do whatever is necessary. All the paperwork he had found stated that it would be a ballfield, but he hopes it is safe and not too busy. Flint said they do control this, because all teams come through the Recreation Commission with proper paperwork and scheduling.
Kathy Egerer, 8 Pacesetter Drive, said she wanted to thank the Committee for the field. She and her husband have coached township recreation activities for over 16 years and there has never been enough fields. Her husband coaches traveling soccer and they were supposed to practice on the field. There were quite excited they could walk across the field to practice instead of driving to Meadow Breeze. She doesn’t mind the traffic and people could park in her driveway. The kids need a place to play.
Bryan Topham, 5 Jockey Hollow Road, said he wanted to thank the Committee for listening. His daughter played Olympic development soccer in college, so he understands the importance of soccer and what it means to the youth. He agrees with what Egerer said about needing places to play. There are some issues that also need to be addressed. One of his biggest concerns is the liability. If you look at the elevated field, right now the way it is sitting, you cannot do a corner kick without the ball going on to his property. When the ball is kicked, if the youth runs fast they will hit the boulders. He would like to see how the liability can be addressed. There is a safety issue, not only with homeowners, but the players as well. Also, the soccer field is not set up for children to play, it is more set up for adults. Also, he felt parking will be an issue.
Karen Ferroni, 17 Pacesetter Drive, said her concerns are noise, debris, traffic, congestion and parking. If this were a practice field, she would like to see one practice at a time, not four or five. Also, if this is an adult field and it is being downsized, could a small playground be developed. Ferroni said she has trees, which she thought the Township put in, one of the trees is now dead and wanted to know if the Township could replaced it. de Boer said the trees were put in by the developer and is the residents responsibility. Ferroni said she would like to know what kind of tree it is so she can replace it. de Boer said if she will call his office, he will send one of the workers up that has done landscaping to advise what type of tree it is.
de Boer said the parking in this area has been expanded and will easily handle between 30-40 cars. (Ended 9:30 p.m.)
Item #5 James P Mc Manimon, Director of Governmental Affairs, for New Jersey American Water Company, which serves the Township. He is required to come before the Committee annually to update them on updates in communications and any new business issues. Manimon said that last week, he represented the company at the elementary school. They had a DEP Grant to help educate the children of kindergarten, fourth and fifth grade about environmental needs and the need for safe drinking water. The Elizabethtown Water Company, New Jersey American Water Company, Mt Holly Water Company and a few smaller contract companies all come under the umbrella of New Jersey American Water Company. They serve over 2 million people in the State of New Jersey.
A break was taken from 9:40 p.m. until 9:45 p.m.
OLD BUSINESS
Dempski introduced Barry Coleridge, Representative from National Geomatica, who had advised David that a “Need Assessment Meeting” must be held. Clay Mc Endowney, from Studer & Mc Endowney, was also introduced, who came to assist if there were any questions on the GIS System that Jungle Lasers is proposing. Mc Endowney said he is working with Jungle Lasers with similar applications for several other towns. His office would be inter-relate in providing the mapping part of the GIS. Kovacs asked, for a municipality of this size, what would it do for them. They can accommodate the Township and do anything they want done. They start off by processing various applications and documents, such as building permits, site plan subdivision applications and Certificate of Occupancies. If someone comes in with a hand written building permit, it would be faxed to them to a toll free number and they run it through special software, which takes the information off the application and puts it right into the data base for that parcel. You could then access all assessment information, construction activity, fire inspections, is it a rental unit, do they have a dog license, etc. on that parcel. A Need Assessment Meeting is necessary to find out the needs of the various departments. There is no set up cost, training is free, no time length the Township would have to stay in the program and there is no fee. Coleridge said they make their monies through the various applications processed, an added fee is added to the permit, to pay the cost. Usually they get $10 per building permit processed and $50 for site plan subdivision application and $20 for Certificate of Occupancies, but again these figures are not set in stone. The program would be specialized to the Township’s needs. This is why a “Need Assessment Meeting is needed, to find out the needs of the people that would be using the system. It was the consensus of the Committee that Dempski pursue this and set up a morning meeting for all involved.
NEW BUSINESS
Item 1 Strunk made a motion to approve request from CPWM de Boer for a lift from S.A.E. at a price of $12,600, from bond when funds are available, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Item 2 Kovacs made a motion to approve request from CPWM de Boer for work to be done at the Department of Public Works in the amount of $ 14,500 plus noted exceptions that must be provided to exceed $1,000, from bond when funds are available, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Strunk, no; Horensky, yes.
Item 3 Strunk made a motion to approve request from CPWM de Boer for STORR Tractor and attachments at a price of $58,341, from bond when funds are available, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Dempski, yes; Kovacs, yes; Horensky, yes.
Item 4 Strunk made a motion to approve the request from Anna C Godfrey, Deputy Registrar to attend a Municipal Registrars Recertification Class on 6/25/04 in Mine Hill, New Jersey, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Item 5 had been discussed already.
Item 6 Request for Auto CAD for Old Park Layout - Dempski said when they try to do things in the park they run across problems, such as deed regulations. An Auto CAD File is needed of where the park facilities are or could be is needed for the park. The original plan they had has been expanded and changed around, so there is really not a good plan. It does not show existing structures and fields. The Recreation Commission is proposing to have Robert Miller, Township Engineer, do a plan on the Old Existing Park, because there are no detailed plans on it. Strunk wanted to know where the money was coming from, Dempski thought it would come from the Park Bond. Kovacs said that in the past, this has been limited to building things in the park. There is a possible other source, which might be the $3,000 being dedicated in the contract on the Morel & Segal Property. This is dedicated back to the Recreation Commission for Maintenance. The money is not there now, but is an income that is coming. Flint asked about the timing of this money. Kovacs said he was not sure, just that the Township would be receiving $3,000 as income.
The Mayor asked if they took the money from another source, then the money could be taken from the $3,000 when it is received. The Mayor told Flint to talk about this matter. Kovacs said he does not want to knit pick the Park Bond until there is nothing there, because something may come up that the money is really needed for. Kovacs said this may be something that can be worked out with the CFO. Strunk agrees with Kovacs that taking the money out of the Park Bond should be a last resort. Flint suggested taking the money from the Use Fee now or the Recreation Commission Budget, then putting it back later. Flint was to talk with the CFO to see what can be done at this time. Dempski made a motion to approve spending $950 for the Recreation Commission to develop an Auto CAD File for the Old Park, pending CFO designation and approval of funds, Mueller seconded.
ROLL CALL: Dempski, yes. Mueller, yes; Kovacs, yes; Strunk, yes; Horensky, yes.
Items 7 & 8 had been discussed.
Item 9 Vegetative Waste Ordinance - After a brief discussion, the ordinance will be reviewed by the Township Committee. Any corrections should be given to de Boer and the ordinance can be revised and introduced at the June meeting.
Item 10 Tree on private property - de Boer said that a resident had called about an absent neighbors tree falling on her property. After discussion, it was determined that the resident who had the tree fall on their property is responsible for disposing of the tree. The Township cannot go on to private property and start taking care of fallen trees. de Boer was to get back to the resident.
REPORT FROM OFFICIALS
David Dempski said there was no meeting with Public Assistance.
The School Budgets were passed.
On Affordable Housing, Scarlette Doyle, Land Use Board Planner, has sent in the COAH Annual Reporting Form, which has been greatly extended and detailed. She will give him a copy, which will be copied to the Committee.
On Municipal Alliance, he attended the April 29th meeting. There is 318 children in the Summer Recreation Program and they have $12,720 income. The highlight of the meeting was when Stefanie Argus, a Junior at Warren Hills Regional High School, who has proposed a program called “Friday Night Fever,” which would have Brass Castle School open for Fifth and Sixth Grade Students to have a fun social environment without hanging out on the street corner. She would like to have the school open and have a constructive place for the kids to hang out.
On the Recreation Commission, they are working on getting the Old Park Layout. He missed the meeting. They had a problem with a pole blowing down at the Refreshment Stand and power will have to be replaced and fixed, which will run $1750. Also, the Recreation Commission needs an additional $145 for Finelli, because of the Public Hearing before the Land Use Board. Flint said this should be resolved so this can be paid at the next meeting.
The Survey that is on the website for the Youth Association and Recreation Commission is still being held. The most requests being received are that a permanent restrooms should be installed. Tennis, Field Hockey and Soccer Registrations are this week.
On the Open Space Committee, Raymond Koch cannot serve. He is still looking for members.
On Public Utilities, he is working with on getting the GIS software.
On April 30th he attended the Mel/PAIC Seminar on 2004 Employment Practices Liability Training Course, which had additional material for the Municipal Handbook. He passed out a copy to each committeeman. There is special training that the police must take because of the new insurance coverage.
Michael A Kovacs said he had talked with Strunk earlier regarding the fields that the DEP want to shut down Kovacs asked de Boer to provide a history of the fields and he and Strunk will discuss the matter with Michael Dougherty, who is a township resident. Perhaps they will get Leonard Lance involved at a later date.
Kovacs asked de Boer to discuss the vacation request. de Boer said, typically, when he goes on vacation he appoints an Acting Road Supervisor, who gets an additional $1.50 per hour. This time, he would like to appoint two men instead of one man. Kovacs said he recommended this be done and the men should be men of de Boer’s choice. Strunk took exception to this, he said the men are getting paid good and he had a problem with giving them extra money, they should supervise and get paid at the same salary. Kovacs made a motion that de Boer be authorized to appoint two men, of his choice if the need presents itself, Acting Road Supervisor when he is on vacation, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, no; Horensky, yes.
de Boer said, this year the Right to Know Survey does not allow municipalities to do the short form as they have for many years. A complete inventory of all hazardous chemicals present at the four facilities (Administration Bldg., Police, Public Works and Public Works Annex) must be completed and down to Trenton by July. This puts a heavy burden on him and he recommended that Jo Ann Fascenelli has agreed to do it and it would come out of de Boer’s budget. This would be based on her hourly rate. Kovacs made a motion to have Jo Ann Fascenelli do the detailed Right to Know Survey this year, at her hourly rate, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Dempski, yes; Mueller, yes; Horensky, yes.
de Boer said he had talked with Kovacs already about getting together with Robert Miller, Township Engineer, and get something to the Committee to get into a more aggressive paving program. Kovacs said that a 5 year plan should be put together, because this is going to be a bond issue. Kovacs told de Boer to get together with Miller on this and try to get a plan together.
Barry Mueller said that a letter had been received from Charles F. Wian, Fire Official, stating that he had to resign as Fire Official effective June 20th due to recent changes and clarifications within the State of New Jersey Statutes. Mueller will advise the Fire District that the Township Committee does not have the authority to appoint a new Fire Official, the District will have to do it.
Richard J. Strunk said the school was into the Land Use Board with their mandatory presentation on the new school, which includes a football field and track across from the present high school and an expansion of the high school. Merluzzi has estimated that the activities expansion across from the high school will be about $7.5 million and the total package of the school renovation making it a total of $40 million. This is just a guesstimate.
On Cotton, he was before the Land Use Board and is requesting that they change one of the buildings, which would be for senior active housing, to putting another 100 senior active permanent homes. He was also going to eliminate the Club House and use the present Golf Academy as Club House.
Strunk had an emergency issue with de Boer. After the last rain storm, the drainage issue came up again and it overflowed and went down into the neighbors pool. He attended a meeting on this with de Boer and Miller. Afer some discussion, de Boer was directed to put some additional rip rap stone to curve around the pipe to see if they could detain it before it goes over.
Strunk asked the status of the computers that are to be purchased out of the bond money. Dempski said that he has talked with Robert Klingel, who has had a lot of experience working with Somerset County and he said you cannot network Police Building to the Administration Building directly. He wants to have a back up system for the Police Building, either outside or downstairs, or a fire proof cabinet. Dempski said they will have to get a bid together involving municipal software, making sure needs are addressed, upgrade the copier so high speed bulk printing can be done and faxing from desk tops. The Clerk brought up the fact that she had put in $199 a month for the copy machine, which is leased and it has been running over. This is just for the copying and does not include work done at individual printers. The Clerk was to assign numbers again for the various departments so it can be determined why so much paper is being used and that department billed. The Clerk asked the CFO about this, who advised it cannot be done this year, because it had not been part of the individual departments, but could be done next year.
Mayor John Horensky said he had a conversation with Chief Mc Donald regarding vehicles. There had been discussion about next year two new police vehicles would be leased. Chief Mc Donald said one of the vehicles has blown up and repairs would be in excess of $4,000 and has 111,000 miles. They were hoping to get another year out of it. Chief Mc Donald asked if some of the DMV money that the Township is getting could be used to lease one of the cars that would have been gotten in 2005 early. Chief Mc Donald said it would run between $7,000 and $7,500. Kovacs asked the Chief it he had talked about taking the car out of the DMV money and it was possible to do it this way, he said yes. Chief Mc Donald said when he comes into discuss his budget in January, he would only ask for one car. Kovacs asked if any of the old cars have been sold that have been replaced. Chief Mc Donald said the way the Township is keeping the cars now, when the Police Department get rid of them, they are junk. The Chief said they are going to get junk titles for the old cars and get rid of them. The Mayor asked if the County Office of Emergency Management ever need vehicles to practice their extradition procedures. The Chief will check with them to see if they would like it. Dempski said that possible Warren County Technical School might be interested as well. The Chief will look into these options. Kovacs made a motion that funding for a new police vehicle be taken out of the money received from DVM, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Chief Mc Donald said the parking at the fields is still a problem. They have been very lenient with this and giving residents warnings. Tonight there were 9 cars parked on the grass by the police building, so he went to the PA System and had it announced that the cars would be ticketed if they were not moved. The Chief will write a letter and Flint will distribute to all the sports teams that use the field. The Mayor said that an announcement should be made before any activities advising that anyone parked on the grass will receive a ticket if the vehicle is not moved. In the future, cars will be ticketed if they are not moved or on the grass. Chief Mc Donald has also asked de Boer to put a sign off of Brass Castle that reads that there is additional parking in the upper lot.
Glynn said that subpoenas have been issued on a wrongful death case that happened several years ago at the intersection of Route 31 and Asbury Anderson Road. There are depositions that are scheduled Friday, one for Jeff Cooper, Public Works Department and Paul Wolf and James Teter, Police Officers. Mc Donald said that Teter is out of town. Glynn asked the Committee if they wanted him in attendance when the depositions were held and did the Committee want them all on the same date. After discussion, Glynn will be present at depositions and will arrange for all the depositions to be done at the same time and will see if it can be done at his office.
The Mayor said he and Glynn had a meeting with a developer for about an hour in Glynn’s office, who called concerning - he had come before the Land Use Board as a concept idea as an alternative to existing zoning for a piece of property on Mine Hill Road by Toll Brothers. This is zoned for 4 acres and he was contemplating that something else better fit in there. He had asked for a meeting and arranged for it. The developer, his attorney and engineer were also present. After discussion, the developer was told he had to go back before the Land Use Board, this is not an issue for the Township Committee to review. Glynn suggested that they make their application to the Land Use Board and said he didn’t know what the purpose of the meeting was at all. Strunk asked why the meeting was held, because it cost money to have Glynn be part of this, which Glynn agreed. Glynn said they just asked to meet with him and the Mayor. Strunk said he had a problem with this because the developer should be footing the bill, not the Township. Strunk said, in the future that these type of meetings do not happen, because they had their chance and they know the mechanism they should go through. Glynn said they had a new attorney and he was just trying to get to know them and find out what the position would be if a formal application would be made. Then, it was requested to have a conference call with Attorney Gruenberg, Land Use Attorney, and yesterday this was done. They were told to make their application to the Land Use Board. Strunk said in the future, things like this should not be done, because this is chargeable to Gruenberg and there is no escrow to pay for it and Township Residents should not pay the bill for something like that.
The Mayor had been at the elementary school today with New Jersey American Water Company. He was asked to make a few remarks, along with Senator Lance, Chief Mc Donald and Mc Manimon from New Jersey American Water Company.
The Mayor said there is a garden shop business/farm stand on Asbury Anderson Road. They had a question about an entity that keep appearing and setting up flower sales, etc. on holidays on Route 31, whether or not this is legal. They wanted to know how the Committee felt about out of town venders coming in and setting up business. Strunk, liaison for Tom Bocko. Zoning, will see if these people have permits or a license to set up and sell and ask him to follow up on this. Also, this could be a safety issue, because it is on the shoulder near the Hess Station.
The Mayor said there is another issue, a lot of temporary signs are popping up along Route 31. These are signs on sandwich board, A-frames and the Mayor said he thought there was a sign ordinance against this. Kovacs has a proposed sign ordinance that needs a little work on, but will try to get it finished. In the meantime, Strunk was to ask Bocko to check the temporary signs out in the Township.
The Mayor said he had been approached by Brown and Brown, Route 31, and they have expressed an interest in selling their property to the Township for use as a Municipal Building. Strunk said his idea would be to sell the Administration Building and add on to the Municipal Building. Kovacs said the Committee had talked about turning the Municipal Building into a Recreation Building. Kovacs said he would either like to add on to the Administration Building or sell the Administration Building and try to buy the hospital building behind the Administration Building, even though it is in the Borough The Mayor said the call by Brown and Brown was conceptional and are willing to make an extremely attractive offer to the Township. The Mayor said he will be getting another telephone call on this matter. He told them he would bring the offer before the Township Committee to see if there was an interest in this and asked if anybody else would be interested in having further conversations with Brown and Brown. Strunk said he would be willing to work with the Mayor on this.
EXECUTIVE SESSION
Strunk made a motion to go into Executive Session at 12:02 a.m., Mueller seconded. All were in favor.
The doors were opened. Kovacs made a motion to come out of Executive Session at 12:30 a.m., Strunk seconded. All were in favor.
Glynn asked that the record reflect that the follow up steps that need to be done in the pending tax appeal, status of the Apgar and Baker Residential Law Suits, status of the Tarsi matter, which he will follow up on and try to get a status report as to her employment intentions and medical condition and treatment status.
The Mayor said that there was discussion on the issues of appraisers for AJR and he asked for a motion to authorize the signing of an agreement for two appraisers, (J.McHale & Associates and BMW Inc) pending review of the draft proposals that were presented by Dempski, by Jim Broscious. Strunk made a motion that the Township Committee accept the proposals of J Mc Hale & Associates and BMW, Inc., after they have been reviewed and approved by Attorney James Broscious, and upon review that the appraisers be given permission to go ahead to complete the work, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, no; Mueller, yes; Horensky, yes.
PAYMENT OF BILLS
Dempski made a motion to approve the paying of $145 to Finelli for work done, to be taken out of the Park Bond Strunk seconded
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, abstain; Mueller, yes; Horensky, yes.
Mueller made a motion to approve the payment of bills, Dempski seconded. There had been some questions on several bills, but after the Finance Office gave an written explanation, all bills were signed.
ROLL CALL: Mueller, yes; Dempski, yes; Kovacs, yes; Strunk, yes; Horensky, yes.
There being nothing further to come before the committee, Strunk made a motion at 12:40 a.m. to adjourn, Dempski seconded. All were in favor.
Respectfully submitted,
Mary Ann O’Neil RMC/CMC
Township Clerk
