TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
November 15, 2005

                                           TOWNSHIP OF WASHINGTON, WARREN COUNTY

                                                                             Regular Meeting
                                                                           November 15, 2005

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

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

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

SALUTE TO FLAG

APPROVAL OF MINUTES
Strunk made a motion to approve the Executive Session Minutes of October 18, 2005, Kovacs seconded.
All were in favor, except Horensky who abstained.

Strunk made a motion to approve the Regular Minutes of October 18, 2005, Kovacs seconded.  All were in favor, except Horensky who abstained.

ORDINANCES
Kovacs made a motion to open the public hearing on   Ordinance 05-19 Ordinance Establishing A Rate of Payment for Outside Employment of Off-Duty Police Officers, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.
Nobody from the public wished to be heard.
Kovacs made a motion to close the public hearing, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes. Dempski, yes.
Mueller made a motion to approve Ordinance 05-19, after public hearing and second reading, Horensky seconded.
ROLL CALL: Mueller, yes; Horensky, yes; Kovacs, yes; Strunk, yes; Dempski, yes.

Kovacs made a motion to introduce, on first reading, Ordinance 05-21 Ordinance Amending. Revising and Supplementing Chapter 7 of the Code of the Township of Washington entitled “Court”, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.
Public Hearing and Second Reading to be done on December 20, 2005.

Dempski said he had just received approval from the Administrative Office of the Court, Vintage 13, regarding the winding down of the existing Central Warren Joint Court. There was an agreement made at the meeting last week with Franklin on how to basically discontinue the existing court . The Mayor said, when you separate a court you basically maintain a shell court, which consists of a part time Court Administrator. They will process not guilty and guilty pleas.   They will just collect the money on the guilty plea and return to the sending district. On the not guilty plea, they will either be assigned to either the new Lopatcong Township Court or Washington Borough Shared  Court.  The Township will fund their obligation to keep this part time person available through the court fees and fines received from those pending and other type of court cases not heard yet. The Mayor said it will be a minimum of one year, then it will be reviewed on a  quarterly basis.  Kovacs recommended that appointments should be made at  the next meeting for the judge who should be brought  from Central Warren Court and have  the  public defender and prosecutor who presently works for the Borough. Kovacs asked Horensky, as court liaison, to find out what the numbers are going to be for public defender and  prosecutor, as far as salaries.  The Mayor said he has already distributed the amounts, but the proposal was based on their staff. Horensky said there are going to be some major changes in the Public Contract Law come January 1, 2006. There are a number of issues coming that were previously considered outside the Public Contracts - professionals service contracts, extraordinary unspecifiable service (consultants) are now being brought into public bidding. You will be required to bid all of those individuals on anything more than $17,500 in aggregate.  Horensky said the Committee should make sure they are on solid ground when this goes forward on January 1, 2006, that anybody that is retained, any position, outside contractor, is done in accordance with the new regulations of the Public Contracts Law and new Pay-to-Play Statute recently enacted.  Horensky will try to get more details on this matter. The Mayor will also find out about the shared service agreement.  Horensky said he is not questioning the shared service agreement, he is questioning whether or not the individuals that are being hired as professionals. This is one of the things the State of New Jersey is going to be requiring to have a professional service contract and therefore must be bid. The Mayor will check into this.
 
RESOLUTIONS
The Mayor advised that any item for discussion should be removed prior to approval.  He asked that Resolutions 05-155 and 05-156 be removed.  Kovacs asked that Resolution 05-154 be removed.   Horensky asked that 05-151 and 05-152 should be removed.

Kovacs made a motion that Resolution 05-151 Authorize & Approve Salaries & Wages for Certain Employees (Fascenelli & Cappola) be approved, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Horensky, yes; Mueller, yes; Dempski, yes.

Kovacs made a motion that Resolution 05-152 Authorize & Approve Salaries & Wages for Certain Employees  (Burd) be approved, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.

Kovacs made a motion that Resolution 05-154  Capital Budget Amendment be approved, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.

Strunk made a motion that Resolution 05-153 Release of Washington Township Land Use Board Escrow Block 66, Lot 20.01 (Smith Motors), Resolution 05-157Tax Sale Certificate Redemption - Bl 33, Lot 3,
05-158 Tax Sale Certificate Redemption - Bl 40, Lot 65, 05-159 Tax Sale Certificate Redemption - Bl 42, Lot 1, Resolution 06-160 Resolution Authorizing Mayor & Township Clerk to Execute an Agreement for Municipal Police Services Between NJ Dept. Of Transportation and Washington Township (Wash Boro Rt. 57 Culvert Replacement) and Resolution 05-161 State Aid Grant Application to NJDEP - Storm Water Management/Tier B Municipality be approved, Horensky seconded.
ROLL CALL: Strunk, yes; Horensky, yes; Kovacs, yes; Mueller, yes; Dempski, yes.

Strunk made a motion that Resolution 05-155 Governing Body Resolution Petitioning with an Adopted Housing Element & Fair Share Plan be approved, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Horensky, yes; Kovacs, yes; Dempski, yes.

Strunk made a motion that Resolution 05-156   Governing Body Resolution Requesting Review & Approval of Development Fee Spending Plan be approved, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Horensky, yes; Kovacs, yes; Dempski, yes.

PUBLIC QUESTIONS & CONCERNS
Kathy Enz, Spring Lane, came to see if the Township has any further response from her neighbor on the various activities.  Glynn wrote them a letter one time about a meeting with the Committee and de Boer tried to set up an appointment, but this was ignored.  She asked if there was any further contact. Glynn said this was over a year ago and they were represented by Attorney Mandry.  Glynn said they had exchanged letters and then nothing came of it. Enz said she is going to court in a couple of weeks. She has a summons for parking in her own driveway. Enz came to ask the Committee if they would, as a group, ask Mrs O’Neil or Glynn to write a letter To Whom It May Concern that she can take to court and make whoever understand that this is an ongoing harassment problem.   Enz said she does not want another Christmas season of people getting flat tires in her driveway and she has not touched the stakes. Strunk said he was concerned because the Township would be getting involved in a neighbor dispute. Strunk said it is between her and her neighbor Kovacs said he felt like Strunk, the Township has done everything they can.  Glynn said it would not be appropriate for the Committee or himself or Mrs. O’Neil to issue a letter that the attorney would present to the court whereby the Committee would take a position between her and the neighbor.  The role that had been played previously was to make sure the right-a-way of the Township was being protected and not interfered with.

OLD BUSINESS
Item 1 Discussion/Finance - Strunk said this would be discussed at the Special Meeting in December as well as Item 2 - Brown and Brown Building.  There was discussion on the date for a Special Meeting and December 8, 2005 at 7:00 p.m. was selected.  The reason for the meeting will be Brown and Brown Renovation Planning and Results of the Forensic Accountant Investigation.

Strunk said on the driveway at the Brown and Brown Building, he had a meeting with Pete  de Boer, Andy Hart and Soil Erosion Sedimentation Control and Robert Miller, Township Engineer where they went over the driveway/road plan.  They moved some things, the pile of dirt to another point, which was acceptable to soil erosion.  After that, Strunk talked with de Boer and Hart and Miller over the plan and suggested some alterations, which he thought made more sense.  de Boer was uncomfortable with the plan and came up with a new plan.    de Boer said he does not disagree with the suggested changes, if they are deemed appropriate  by the  Township Engineer, the changes should be made accordingly on the plans. He would feel more comfortable with following them.  de Boer was concerned, if the official plan did not reflect the changes, then something occurred, or a problem, that this was the area of his concern. de Boer said it seemed a reasonable change, as long as they are approved by the Township Engineer.  Strunk said the parking lot was alright and there were minor changes and the  plan was to conform with soil erosion sedimentation control and if the exit was changed, this was to the Township’s discretion to do that.   Strunk said that the Township Engineer did not necessarily agree with everything, particularly in the driveway aspect of it, but he had to take exception to the Engineers point of view on this. 

Horensky said that plans had been submitted and approved.  The plan had been approved by the Township Engineer. Horensky said that his feeling is if the Committee trusted in him to develop the plan, and if he agrees to changes, that is fine. If he does not agree with the changes, then he would question on whether or not they should be made.  It is his license, it is his liability and plan.    Horensky said if the changes that Strunk wants to make are acceptable to the Township Engineer, he would have no problem endorsing them and going forward. Horensky said, if the engineer says that he disagrees with the change and it was his plan, then he has a concern.  An engineer has been hired to do a job, then you should have the faith in him to follow through with his recommendation.   Kovacs recommended that the Committee approve the plans, based on the Township Engineer putting his blessing on it.  

Horensky said the project should start, but the plans redrafted according to what the Township Engineer is willing to agree to and then, whatever changes are made, that plan is the plan that de Boer moves forward on.  The Mayor said that the Township Engineer will review it and change the plans to reflect the addition, providing there is no major work.  The Mayor asked for a motion to authorize Robert Miller, Township Engineer, to update the circulation plan for the B&B Building.  Horensky moved the motion, there was no second, the motion died.    de Boer’s plan was to proceed with the project, as he has with every set of official plans. de Boer said that he is not saying that the plan will stay the same, because in any project, even in a change order, if the Township Engineer changes it and gives it an as built drawing as the projects is going on, as with many times in the park, that is his request.  de Boer said, if the Township Engineer agrees to the changes and he is not sure he would, he gives a change order on it, it would proceed. de Boer said his proposal is not either/or,  it is to do the project. 

Horensky said that his position is that there is a set of plans, those are the plans that are worked off of. If de Boer or any other contractor is hired to do a job, then he does the job according to the set of plans, then it is known where the clear responsibility is if things work or they don’t work.  He would hate to be in a position where a set of plans that de Boer is given looks good on paper, but when you start out in the field it does not work.  Horensky said his position was still the same.  Horensky said, he is saying there is a set of plan and unless the Township Committee is  willing to say they will take responsibility now for those set of plans, as opposed to the Engineer taking responsibility for them, this is another alternative that could be discussed. Horensky said the Committee could relieve the Township Engineer from any responsibility of these plans, because the Committee could accept the responsibility for them.    If that decision is made, then de Boer goes forward and that satisfies his concerns. Kovacs made a motion to approve the changes made, based on the approval of the Township Engineer and revised plans, in accordance with the changes, and approving $7500, for an additional survey and engineering cost, Horensky seconded. Strunk said he wanted it on the record that the changes he suggested were minor in nature and were able to go through at the Committee’s discretion.
Kovacs modified his motion to include not redoing the drawings if it is minor enough not to need the changes, Horensky amended his second on the motion.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, no; Dempski, yes.

Strunk said he had given the Committee a set of plans on where the Township is with the stages of the plans. The  meeting was held with DCA and the plans being made for approval by the DCA.   All employees are to be given a memo that if they had any comments or requests to the new plans, that they get be back to him in writing by next Wednesday.  They will go back to DCA for final approval.  Strunk said that Brown and Brown will be out by December 16th.

3.Discussion/Cemetery Hill Road and Rymon Road/Robert Miller - The Mayor said that discussion on this will be held at the next meeting on December 20, 2005.  The Township Engineer, Robert Miller, will be attending the meeting to discuss the grants on this project.

NEW BUSINESS
1.Discussion /Washington Emergency Squad/Implementation of paid emergency services - Nobody was present from Washington Emergency Squad to discuss this matter.

6.Discussion/Recreation Commission/Use Fees - Frank Loughlin, Ray Berrie and Scott Backer from the Recreation Commission were present to discuss this matter.  The Recreation Commission had written a letter to the Committee regarding the use fees.  Kovacs said that when he first attended a meeting of the Commission in August he brought up the fact that he thought it would be good not to charge the use fees to Warren Hills for the fields.  The Recreation Commission, at that time, advised him that they had already paid and were on the schedule. He did mention that he was going to bring it to the Committee for the possibility of waiving those fees for the year 2006-2007 school year. Kovacs said that with Warren Hills it is a different situation from other groups using the fields, it is a direct tax payer type assessment and will show up in their tax bills, rather than any individual from the Youth Association paying a fee.  Also, at the same time the DPW has to put the maintenance into the fields.  In the past, the policy of the Committee was cutting grass at two schools and doing some plowing for the schools. They have also gone in and worked on the softball and baseball fields. Kovacs said all of these things are saving the taxpayers a lot of money and this was his reason for feeling that charging Warren Hills to use the fields, when it is a line item in their budget, when the Township is already doing the work and is an added cost to Warren Hills.

At the last meeting, the Committee agreed with him and voted on it.  Kovacs said that members of the Recreation Commission were present to give their feelings on this matter.  If after the presentation, someone wants to make a motion to change the vote and charge the use fee next, then it could be done.

Loughlin said the Recreation Commission’s standpoint is basically that the use fees are set based on information received from Green Acres, which is part of the park system.   The amount of money that is charged Warren Hills is approximately $200 for their season.   You must consider that the Youth Association is comprised of 100% township children and Warren Hills is not.  Loughlin said that Kovacs remarks are correct, the Township has a good relationship with the elementary school and high school and they work hand in hand.  Loughlin said if the Committee wants to choose to eliminate that fee, it is within their power, but then it should be turned over to the Committee then and they could make the decisions on this.   Kovacs said the Recreation Commission should have had their input in the matter.  After further discussion, Strunk made a motion to rescind the motion made by Kovacs last month regarding not charging Warren Hills for the use of the fields, Mueller seconded,.
ROLL CALL: Strunk, yes; Mueller, yes; Horensky, no; Kovacs, no; Dempski, yes.

2.Discussion/Warren County Tax Levy - The Mayor said the Township was charged twice by the County for the same $3278.25. A credit was given, but they charged the Township again. The Mayor asked that the Acting CFO be authorized to contact Dave Evans, Township Auditor, regarding this matter.   Strunk made a motion that the Acting CFO contact Dave Evans, Township Auditor, to review this matter, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Horensky, yes; Kovacs, yes; Dempski, yes.

3.Discussion/Ordering Forms/Municipal Shared Court of Washington - The Mayor said there was money left in court budget for 2005. The forms and tickets must be ordered by November 30th to have them in place by January 1st.  Horensky made a motion to approve the ordering of forms and tickets needed for the Shared Court, Strunk seconded. Chief Mc Donald asked that he receive a letter from the Washington Borough Court in reference to court dates and what dates the officers should use and when it would be effective. The Mayor said the tickets issued will have the Central Warren Court on it and it will be maintained for approximately a year. The Court Administrator at Cental Warren will advise people whether to go to Lopatcong or Washington Borough.  
ROLL CALL: Horensky, yes; Strunk, yes. Kovacs, yes; Mueller, yes; Dempski, yes.

4.Discussion/Putting Electric Service & Heater lower in B&B - Pete de Boer, Public Works Manager, had distributed information on the electric and equipment.   de Boer said the police exercise equipment has been temporarily put in the building behind Brown and Brown.   de Boer said the building is colder inside than it is outside and they had approached him about putting some heat in the building.    The proposed options by de Boer were a portable electric heater blower at $699.99 and electric service at a cost of $370.00. This would make it about 50 degrees in the building.  The Mayor said, right now, there is no plan or schedule on how to proceed forward, the moving may have to be done on a days notice and the furniture may have to be stored in this building. The Mayor said there will be constant flux on what is going in this building.  de Boer said, in any case, there should be some sort of heat in this building.

Chief Mc Donald said that there will be furniture in the B&B Building which must be stored.  He said that the self-storage business on South Lincoln Avenue would allow the Township to use storage space free of charge. 

Strunk said the proposed heating equipment will not do the job.  He proposed that the equipment be put in the area that is 18'X16', until decisions are made on the use of the building.  There are two small electric heaters in this room now, but it would still have to be insulated and some type of wall covering be put on it.  Strunk said no decisions have been made on this building and how it would be used for records storage. Strunk said there are many things in the barn at the Administration Building that will also be stored as well. de Boer said the building already has many desks stored in it.  

Chief Mc Donald said that he has some men on the department that are very dedicated to weight training.  This is something that they do every single day and he would like to keep as much of the equipment as they can.     The Chief said it is one of their responsibilities, as police officers, in the rules and regulations to maintain to stay in shape.

Strunk said the existing space where the equipment is stored should not be used, bu they should use the 18'X16'. Also, within the next 60 days the Township will be needing to put things in the big room, or use the alternative of trucking it down to the storage area.

deBoer asked the Committee for authorization to spend no more than a certain amount, to try to see what he could do with the area.  Kovacs made a motion to authorize de Boer to purchase the insulation and sheet rock needed to renovate the 18'X16' room , not to exceed $2,000, for the temporary police training room,  Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Stunk, yes; Dempski, yes.

Item 5 Discussion/Approval to go out for bid on the truck for DPW - de Boer said that he needed the approval of the Township Committee to go out for bid on the truck  and he is also investigating the Morris County Coop. Mueller made a motion that Peter De Boer, Public Works Manager, go out to bid on a pick up truck for the Department of Public Works, Strunk seconded.
ROLL ALL: Mueller, yes; Strunk, yes; Horensky, yes; Kovacs, yes; Dempski, yes.

Item 6 had already been discussed.

Item 7.Authorization for Mayor to sign Form for Standard Contract Grants with the NJDEP/State Aid Application (Resolution 05-160) - Kovacs made a motion to authorize the Mayor to sign the Grant for NJDEP State Aid, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes; Mueller, yes; Strunk, yes; Dempski, yes.

REPORT FROM OFFICIALS
John Horensky said he met with both the fire department at their regular meeting and the fire commissioners meeting.

Horensky said that he would like to attend the Waste Water Meeting on November 20 in Trenton.  Strunk and Horensky will both be attending.

Also, he had missed the last meeting and asked if the AJR Settlement is done. The Mayor said that basically the Committee got a grant from the SADC to purchase the property.  They gave a Fee Simple Grant, 60%.  The Mayor said the purchase is pending financing.

Michael A Kovacs said that Horensky had met with a representative of the Warren County Community College. There was a preliminary discussion on whether the Township would be interested in meeting with them, because they are thinking of the possibility of adding a recreation program and they have no facilities. They might be interested in renting space from the Township.  Horensky said that there was discussion on setting up an academic program in which they would be a competitive academic junior college program.  Horensky said he suggested this be discussed further, because there may be fields that may never be used. Horensky said it may never happen, but there is an interest on their part to explore an alternative to having them go out and build athletic fields on school property.  Kovacs said if they want to pursue this any further, he would like to meet with them along with a representative from the Recreation Commission.

Barry Mueller had no report.

R.J. Strunk said his report had already be given.

Mayor David Dempski said he had a request from the Finance Office to supply keys to the Administration Building for Henry Fuentes, Forensic Accountant.  Kovacs made a motion that Fuentes be given keys to the Administration Building, Horensky seconded.
ROLL CALL: Kovacs, yes; Horensky, yes. Mueller, yes; Strunk, yes; Dempski, yes.

The Mayor said that complaints had been received from Rita’s Italian Ice and Washington Car Wash on Route 31 North regarding debris and flooding problems. He checked it and did not see any flooding, but there was some brush and stumps left by developers on the car wash property, which he has asked to be removed.

The Mayor said them Maxwell Sink Hole on Thomas Court was fixed. The total cost was $450 and the Township’s share was $225.

He did attend the Warren County Chamber of Commerce Meet and Greet Meeting on October 20th.

The Mayor said all the NOV Issues on Meadow Breeze Park have been settled and a deed restriction has been filed with the County.

On Affordable Housing, he will be mailing the Certification of Petition tomorrow.

The Mayor said that there was a problem with the NJDCA was not checking for the development fees.  So. 50% of the fees were not collected for seven homes.  The Mayor wrote a letter to DCA asking that the fees be collected before CO’s are issued. 

On the Youth Association, they are starting a basketball clinic for second graders.  They are also investigating sports programs for children with  disabilities.

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

EXECUTIVE SESSION
Mueller made a motion to go into Executive Session at 9:50 p.m., for the purpose of discussion on personnel, Horensky seconded.
ROLL CALL: Mueller, yes; Horensky, yes; Kovacs, yes; Strunk, yes; Dempski, yes.

The doors were opened. Horensky made a motion to come out of Executive Session at 10:05 p.m., Kovacs seconded.
ROLL CALL: Horensky, yes; Kovacs, yes; Mueller ,yes; Strunk, yes; Dempski, yes.

Horensky made a motion to authorize Glynn to write to Seargent Wolf and to explain that under the rules of the department and grievance procedure, the issue at hand, which is the reassignment to the motor vehicle agency is within the chief’s discretion and is therefore not a grievable issue, Strunk seconded.
ROLL CALL: Horensky, yes; Strunk, yes; Kovacs, yes; Mueller yes; Dempski, yes.

MOTION TO ADJOURN
Horensky made a motion to adjourn at 10:15 p.m.,Kovacs seconded. All were in favor.

Respectfully submitted,

Mary Ann O’Neil RMC/CMC
Township Clerk

Typed by the Clerk from Recording Tapes.