 |
 |
 |
 |
 |
TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
November 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 7:32 p.m. by Mayor John 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. Edward Glynn, Township Attorney and Mary Ann O’Neil, Township Clerk were also present.
SALUTE TO FLAG
APPROVAL OF MINUTES
Mueller made a motion to approve the minutes of the Special Meeting of October 7, 2004, Dempski seconded.
ROLL CALL: Mueller, yes; Dempski, yes; Kovacs, abstain; Strunk, yes; Horensky, yes.
Dempski made a motion to approve the minutes of the Executive Session of October 7, 2004, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, abstain; Mueller, yes; Horensky, yes.
Dempski had a correction on Page 4, under Reports from Officials, 3rd line, it should be 1% and not 0.1%. Kovacs made a motion to approve the minutes of the Regular Meeting of October 19, 2004, as amended , Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Dempski made a motion to approve the minutes of the Executive Session of October 19, 2004, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Mueller made a motion to approve the minutes of the Special Meeting of October 28, 2004, Dempski seconded.
ROLL CALL: Mueller, yes; Dempski, yes; Kovacs, yes; Strunk, yes; Horensky, yes.
Kovacs made a motion to approve the minutes of the Executive Session of October 28, 2004, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Strunk made a motion to approve the minutes of the Special Meeting of November 4, 2004, Dempski seconded.
ROLL CALL: Strunk, yes; Dempski yes; Kovacs, abstain; Mueller, yes; Horensky, yes.
Dempski made a motion to approve the minutes of the Executive Session of November 4, 2004, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, abstain; Mueller, yes; Horensky, yes.
AWARD OF BID
One bid was received for the Chevrolet Caprice. Kovacs made a motion to award the bid to Gerald Gruener in the amount of $481, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Pete de Boer, Public Works Manager, said the vehicles have been put out to bid twice and nobody bid on them. He called Washington Auto Salvage today and if they can be taken there, they will give the Township $50 for each one. The Mayor asked de Boer if he had contacted Warren County Vo-Tech School to see if they might be interested in working on them. de Boer will give them a call. de Boer said when they first bid them out they did receive bids on them, he may contact these people that bid on them. Strunk made a motion to explore the option of seeing if the people that bid on the vehicles were interested in them, if not, then getting in touch with the Vo Tech School and lastly, disposing at Washington Salvage, Dempski seconded. All were in favor.
ORDINANCES
Kovacs made a motion to open Ordinance 04-14 Bond Ordinance Providing for the Purchase of Real Property, specifically Block 30, Lots 15, 15.01 and 15.02 in the Township of Washington, County of Warren, State of New Jersey, Appropriating Funds in the amount of $1,500,000 and Authorizing the Issuance of Bonds and Notes in the Amount of $1,425,000 to the public, Strunk seconded. All were in favor. Nobody from the public wished to be heard. Strunk made a motion to close the public hearing, Mueller seconded. All were in favor. Dempski made a motion to approve Ordinance 04-14, after public hearing and second reading, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Mueller made a motion to introduce Ordinance 04-15 Ordinance Amending, Revising and Supplementing Chapter 64 of the Code of the Township of Washington, Entitled “Development Regulations”, specifically Article H. Entitled “Administration and Enforcement”, subsection sixty four-eight Entitled “Fees and Deposits”, Dempski seconded. Dempski said it has been reviewed by the Land Use Board and acted upon on the recommendations they gave him.
ROLL CALL: Mueller, yes; Dempski, yes; Kovacs, yes; Strunk, yes; Horensky, yes.
Public hearing and second reading will be December 21, 2004.
Kovacs made a motion to introduce Ordinance 04-16 Ordinance Amending, Revising and Supplementing Chapter 1 of the Code of the Township, Entitled “General Provisions,” specifically Article II, Entitled “Fair Housing Fees,” Subsection Three-Seven, Entitled “Residential Development Fees” and Three-Eight Entitled “Non-Residential Development Fees”, Dempski seconded. Dempski said this ordinance will be subject to final approval of the third round rules by COAH which should happen early December.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
Public hearing and second reading will be December 21, 2004.
Strunk made a motion to introduce Ordinance 04-17 Amending, Revising and Supplementing Chapter 106 of the Code of the Township of Washington, Entitled “Streets and Sidewalks”, specifically Article I, Entitled “Excavations”, subsection Five, Entitled “License Fee and Deposit or Bond, Dempski seconded. Dempski said the fee is being raised from $10 to $150. The new application will be part of the ordinance.
ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Public hearing and second reading will be December 21, 2004.
Dempski made a motion to introduce Ordinance 04-18 - Ordinance Approving Entry into Multi-Jurisdictional Mutual Aid Agreement between Washington Township Police Department and Warren County Prosecutors Office, Mueller seconded.
ROLL CALL: Dempski, yes; Mueller, yes; Kovacs, yes; Strunk, yes; Horensky, yes.
Public hearing and second reading will be December 21, 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. Dempski would like Resolution 04-117 removed from list. Dempski made a motion to approve Resolution 04-113 through 04-116 and Resolution 118 through 04-124, Strunk seconded.
ROLL CALL: Dempski, yes; Strunk, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
04-113 Release of Washington Township Land Use Board Escrow, Asbury Farms, Piney Hill Farms, Bl 66, Lot 17
04-114 Release of Driveway Performance Bond, Cornerstone Construction Exc & Electrical Co., In. Bl 71, Lot 7.32
04-115 Amend Resolution to Authorize and Approve Salaries and Wages for Certain Employees (Karen E Stepson)
04-116 Release of Driveway Performance Bond, ABD Washington, Inc, Bl 40.01, Lot 14, 29 Elizabeth Ave.
04-118 Cancellation of Current Appropriation Balance NJ DMV Agreement Police Salary & Wage
04-119 Budget Appropriation Transfer
04-120 Establish Preliminary Costs Acquisition of Real Property Bl 30, Lots 15, 15.01 and 15.02
04-121 Tax Sale Certificate Redemption, B l 45, Lot 20.03
04-122 Veterans Exemption Refund Resolution, Bl 38, Lot 22 CO123 (Bazalo)
04-123 Refund Resolution
04-124 Tax Sale Certificate Redemption Bl 38, Lot 22 C0004
Mueller made a motion to approve Resolution 04-117 Governing Body Resolution Grant Twp & State of NJ, DEP, Municipal Stormwater Regulation Program, Dempski seconded. Dempski said he had given a rough draft of something that he has done getting the maps ready to de Boer. The biggest portion of that plan is the build out analysis. Technically the Township may not need one, if it can be proven you have 600 or less acres of either vacant or farmland which could be developed. It is arguable that the Township my have neither of those thresholds. In case, they need the same type of development plan for the COAH Application for the third round petition. He wanted to make sure that there were not two different documents for the build out analysis. He said the grant application may be too low or two high to do both, but there should be a coherent view of how the Committee feels the Township should be developed. He wanted to make sure that whoever does this grant should be working closely with the efforts for the COAH Application also. Dempski wanted to make sure if the Township could use this grant to do additional things or is it specifically for the Storm Water Management Plan, because the Township will need to have a section that is common to both petition and Storm Water Management Plan. The Mayor said it must be used for this particular purpose. Dempski said the build out should then be focused specifically for the entire Township to make sure it covers all details. Strunk asked who prepared the grant application for $5,000. de Boer said it was a standard form
that the Township was required to fill out to go with the process of Stormwater Regulations Management Plan. de Boer said he had talked with the CFO about it, who submitted it on behalf of the Township. Robert Miller, Township Engineer, said it is DEP’s effort to get some money to all of the municipalities to help them do their Storm Water Management Plan. Dempski said the build out section was pretty comprehensive, it is a lot of detail, planning and engineering going into it.
ROLL CALL: Mueller, yes; Dempski, yes; Kovacs, yes; Strunk, yes; Horensky, yes.
PUBLIC QUESTIONS AND CONCERNS (8:00 p.m.)
Terry Bradunas, 15 Jockey Hollow Road (Pacesetter), said that it looks as if the Township is done with the basin and asked if this was correct, it was. Dempski is going to work with them on getting an Association going. Bradunas asked if there was any money left at all in the bond. Dempski said there is money left, but he was not sure of the amount. Dempski said that de Boer has some work he wants to do, the asphalt apron along the access road needs to be done. Dempski asked what becomes of the balance. Bradunas asked, if there would be money left, could it be used for the maintenance the Association must do. There was no reply. Bradunas said that Richard Flint, Recreation Commission Secretary, will be getting them trees. Bradunas asked what the Township intended to do with the access road. de Boer said he will be putting up signs. de Boer also has talked to the farmer in the area regarding the road. (Ended 8:04 p.m.)
NEW BUSINESS
1. Recreation & Open Space Inventory Dempski said a big project for 2005 will be an Open Space and Recreation Plan, which will replace the Recreation and Conservation Element in the Master Plan. One of the exhibits is a listing of all the open space lands and whether they have been developed for recreational uses or held for passive conservation use. The project this year was to create a digital open space inventory of all the properties in the Township and to include various maps of all the open space farmland and public lands in the Township, as well as digital pictures of them all. Dempski asked the Mayor to sign the document, which lists all the lands that have been preserved for open space in the Township up to November 1st. Dempski made a motion to have the document signed, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, yes; Mueller, yes; Strunk, yes; Horensky, yes.
2. Request from Resident Richard A Lewis The Mayor had talked with Chief Mc Donald about the 45 mph on Route 31 and speeding mentioned in the letter and the police do patrol this area. Chief Mc Donald said that a lot of summons are written on Route 31. The Chief will respond to Lewis by letter on this request and advise that the Committee did discuss the matter. The Chief requested that the Committee consider buying one of the flashing signs that tell people how fast they are going for purchase in 2005, which would be very effective on problems such as this.
3. Strunk made a motion to approve the Calendar Raffle Application for the Oxford Central School sponsoring a raffle at Warren Hills Regional High School for January, February and March, Dempski seconded. All were in favor.
4. Request for Veteran Reimbursement Kovacs made a motion to approve the reimbursement of taxes due to 100% permanent veteran wartime service disability to Richard J Ghilon, Mueller seconded. All were in favor. The Clerk was to get something in writing from Tax Assessor and Tax Collector for resolution at the December meeting.
EXECUTIVE SESSION
The Mayor said that Robert Miller, Township Engineer, was present at the meeting for an Executive Session and that a short session would be held at this time. Strunk made a motion to go into Executive Session at 8:15 p.m. to discuss pending litigation, Dempski seconded. All were in favor. The doors were closed.
The doors were opened. Kovacs made a motion to come out of Executive Session at 8:34 p.m., Strunk seconded. All were in favor. Glynn asked that the record reflect that the Committee had a discussion with the Township Engineer, Robert Miller, regarding the Baker Residential Law Suit and no present action is being taken. Glynn will be monitoring this matter, particularly in regard to action taken by Washington Borough or its Land Use Board.
NEW BUSINESS (continued)
5. Richard Cotton Request/Future of Our Community Cotton said that the reason he came tonight was basically to ask the Committee, in the light of all the discussions, with all the different issues going on and plans to go forward before the Land Use Board with an application and the confusion and information about all the pending litigation and tax issues, he would like to know if there was a way to set up a committee or at least go through some of the issues for understanding. So, ultimately when the Committee has to make a decision, that they have the information that he thinks they will need. Cotton said a lot of time has been spent, since 1999, there are a lot of plans to go forward and it obviously has stressed the community and he is looking for a way to put it back together to go forward. Cotton said, at this point, there has been dialogue on both sides that, it would be his desire to sit down with some of the people from the Committee or the whole Committee to go through and explore how they can finalize that. Cotton said, more importantly, how they stay out of the issue and keep going forward in a positive way. This was Cotton’s desire and request.
Glynn said he did not understand what Cotton meant by sitting down with the Committee. Both sides have attorneys handling the tax appeal and the Committee has had Attorney Allen at special meetings in the past few months for hours. The Committee has gone through the issues extensively. Glynn said that Cotton’s attorney, Susan Feeney, has put a great deal of work and effort into this matter. Glynn said the judge has made a partial ruling and there was extensive discovery exchanges and Allen has spent a day or two in Cotton’s attorney’s office going through boxes of documentation. The attorneys then exchanged very detailed settlement and counter settlement proposals. Glynn said he does not know how close the two sides are, but there certainly has been a lot of effort made, aside from the judge’s efforts, to get this settled. Glynn said the Committee is not in a position to form a sub-committee and sit down and try to resolve a law suit that is being handled by capable and experienced tax appeals specialists, who is dealing on a very professional level with another very capable individual, Susan Feeney. Glynn said he did not see how or why the Committee should change its procedural course at this point. Glynn said if the two attorneys are working day by day to try to move this matter closer to settlement, why should there be any different procedures.
Cotton said he appreciated the recap of the issue and he certainly respected that and as that piece of information runs its own course, his question is about the future and what they are planning to do in the next phase. Does it behoove the Township to be right back where they were? Or, can they plan a course as a community as to what they are going to do and go forward. He is not interested in going through the whole process again, since he has since 1999. Kovacs asked if the plans are before the Land Use Board. Cotton said partial plans, which has nothing to do with the rest of the community in types of things he wants to do there and the Township may want to see, that piece is before the Land Use Board. Kovacs asked, when the plan is put together, will it then go before the Land Use Board, Cotton said yes.
The Mayor said that what was mentioned, through the attorney, was that the issues that are being raised or tried to discuss on setting up a sub-committee has a potential of having an impact on the law suit that is presently under way. The Committee’s position is, at this point and time, they do not want to jeopardize anything on either end in regard to the litigation. The Mayor said, if the issues that he wants to discuss have absolutely nothing to do with the litigation, then this might be another avenue to explore at a later date. The Mayor said, at this time, it is the Committee’s position, as mentioned by the attorney, that the tax specialist for the Township and Cotton’s attorney are trying to come to a resolution of the matter. Dempski said, it should be made clear, if there was an settlement and a counter settlement offer, then this could be an area where a sub committee could meet to get things going if they had to. Dempski said this would be an avenue away from litigation for both sides.
Glynn said that Allen’s letter to Feeney, dated November 9th, contains 7 pages, single spaced, which is a very detailed counter settlement offer, with tax work sheets attached. Glynn said he assumed that a response would be coming soon. At that point, the Committee will know how close they are to settlement and may want to get Allen’s input at the December meeting. Cotton said the letter raises a lot more questions of where the history of where they went and why they are there, all the way back to 1999. Cotton said if the Committee is going to make a decision about these things and the history of the pieces, he is not sure what the harm would be to sit down and discuss and get the information Cotton would like to sit down and deal with it all at once, because there has been misinformation given and obviously more information is needed. They have gone through six years of information and still have questions. Cotton said, ultimately, the Committee will have to make the decision on what the questions are. Cotton does not see any harm in sitting down and trying to discuss this and moving forward.
Cotton said every time he goes to a Land Use Board Meeting there is a two hour discussion about the tax issue and where the Township Committee is at and they are concerned about the Township Committee also. Cotton said he is at loss as to why they cannot sit down and resolve the issue, so the Land Use Board is not in an uncomfortable state if going forward against the Committee and vice versa, which is not good planning. The Mayor asked Cotton if he has had an conversation with his counsel with the latest information. Cotton said, yes he pays her and she knows what his wishes are and his desires. Cotton said this can be a five year prolonged process or if they can try to sit down and discuss it. There are some complex issues to be discussed, and roll back taxes versus regular taxes. Cotton said he is at a loss on to which direction that he should take. Cotton said his council is advising him to get it resolved.
Dempski said the Tax Collector had been directed to send out a letter advising this is what current payment is due. Kovacs said this issue is between the Land Use Board and the Tax Collector. Glynn said there may be some disagreement between the board and the Tax Collector on how much is owed, as of which date. Glynn said there should be some communication there, so the Land Use Board and Cotton’s attorney can pinpoint the date, so everyone would know how much was due by a certain date, then taxes as of that date would either be paid or not paid. This would eliminate the completeness issue before the Land Use Board. Glynn said this is an issue that should not even exist. This could be solved by Cotton sitting down with the Tax Collector and getting a number. Cotton said the disagreement is about the rollbacks. Glynn said that the Collector is a Constitutional Officer and has to follow the statues that require the tax money be applied in a certain way. In the tax collectors mind, he has done just that. Glynn told Cotton to meet with the Tax Collector and get a figure to bring the taxes up to date.
The Mayor told Cotton to contact the Tax Collector and come up with a number that he is satisfied with and discuss it with his attorney. Dempski asked Strunk to check with the Tax Collector to see if he could set up an escrow account.
NEW BUSINESS (other)
Dempski said the Committee had passed a cell town ordinance some time ago. He said, according to Legislative Bill 559, it is a long bill to allow commercial uses of 500 square feet use on preserved farms.
When you read the bill, the net gain is that they want to put cell towers on preserved farmlands. He said the Committee should review their cell tower ordinance. Glynn said if the Governor signs it, then it opens the door for cell towers anywhere. Glynn said that the Supreme Court just decided a case where they basically said that local zoning regulations on towers are pre-empted by federal law, which is one more measure of local control that has been taken out of the hand of municipalities, in favor of the FCC.
REPORT FROM OFFICIALS
Barry Mueller said the Historical Committee is preparing a display of some pictures to be put in the cabinet in the meeting room at the Municipal/Police Building.
R.J. Strunk said that there were two questions on the Township Engineer’s Report, one on Hawk Point and background that was needed on some completeness issues and one from Hicks regarding some billing amount. Strunk asked if the Hawk Point issues have been resolved. and Miller said it had been. Miller said, on Hicks, Hicks requested that he was doing final work on a lot and requested it be done on Saturday. An inspector was arranged for Saturday, then the work got cancelled, but the inspector did show up on Monday, because he thought it was going to be done on Monday. The message that did not get through to the inspector was that the work was being put off until September. The inspector was inspecting on Monday and did a punch list inspection. Miller said the bill is justified. Strunk was satisfied with Miller’s explanation and the back up information should be sent to Hicks and the Committee supports Miller’s position. Miller said he had sent the information to Hicks already. Strunk made a motion to approve the payment of Miller’s bill and the Committee felt that the payment was valid and the back up had been sent to Hicks, Dempski seconded. Strunk said he felt the Township should also send the back up. All were in favor.
Strunk said the Miller had submitted a rough draft of the drainage issue on Pohatcong Drive and an aerial on it. Miller said he has applied for State Aid to do some work on it. Miller said none of the applications have been addressed by the State yet. The cost would be approximately $47,000. Strunk said that at some point in the future the Committee will have to decide if this will be a capital expenditure. Miller said that the easiest way to solve the drainage is to collect the stream and run the pipes through paper streets that were dedicated by a developer in the past that have not been approved. Miller said this could be done without getting a specific easement and suggested the Township Attorney look into it. Strunk said that Steve Gruenberg, Land Use Attorney, could supply much information on this to Glynn. Strunk asked if the Committee wanted Glynn to research it. The Mayor said he thought that portion of Pohatcong Drive had been abandoned about two years ago, which could create a problem. The Mayor said he thought the way it was worded was indicating that it was still unclear as to whether that road was ever accepted by the Township, but if it was, they gave up all rights to it. Miller said if it was abandoned, then this creates another situation. Kovacs said, if the Township wants to do anything, then it will have to be with the permission of the land owners. The Clerk was to research this and copy the Committee, Miller and de Boer.
Strunk said that a few months ago the Land Use Board had asked him to get some input from the Committee about separating the Land Use Board into the Planning Board and Board of Adjustment again. Dempski said it was probably done as a cost saving measure. Kovacs said there was no communication or coordination between the two boards and by having a Land Use Board there is better planning and everybody knows what is going on. Kovacs said it was not a money issue, but a matter of how they could operate more efficiently. Kovacs suggested reviewing the old Planning Board Minutes to discuss exactly why the separation was made.
Strunk said, as liaison to the administrative employees, he would like to have permission for the employees to have some refreshments down at the Administration Building in December. Strunk asked permission to do this and there was no objection.
OTHER
Miller spoke on the improvement to the swale behind Kinnaman Avenue. There have been complaints about the water going out of the drainage easement on to their backyards and causing problems (Copperfield Development). He has a plan that is pretty much ready to go to DEP and he wanted to discuss it with the Committee or a Sub Committee. There are some issues that will require DEP permitting. Strunk will work with Miller on this and then the next step would be a meeting being set up with DEP for a pre application meeting.
REPORT OF OFFICIALS
Michael A Kovacs said, at the December meeting, they usually get approval on salaries for 2005 when the CPI comes out and this number is used for salaries. This way, the number used and the salaries set at the Reorganization Meeting. Kovacs said he would work with Strunk and the CFO on the budget for 2005, especially with a new auditor in 2005.
Kovacs discussed the recommendation for the three assistant foreman positions. There is no money to do it now, but if the Committee approves it could be done the beginning of 2005. Kovacs was concerned about throwing these three employees into supervisory positions, which would take them out of the union. de Boer said he had talked with the Committee in March about this and he was told to do some research on this with other municipalities. de Boer said he did it with Mansfield Township, Washington Borough and Bethlehem Township and almost all municipalities have assistant foremen. de Boer said the assistant foremen in these municipalities all belong to the union. Kovacs said the Committee should review this matter if they are going to move on it in January at budget time. de Boer said he is not ready to recommend anybody, he just wants to set up the system and implement by the end of 2005.Once it is in place, he may even just recommend one man at a time or two, then maybe 5 years down the road go to the third one. Dempski said that de Boer should make sure the union has no problem with it. Chief Mc Donald said the teamsters would have to approve anything being put into the contract. de Boer said there will be issues whether it is done now or later. Kovacs said there will probably be issues in any case when appointments are made. de Boer asked, what if you didn’t pay the assistant foreman anything and just gave them the title, how could the teamsters agree to that? The Mayor asked if action was going to be taken now or wait until the budget time or wait until the contract is up for renewal. There was discussion about putting the stipend in, creating the position tonight, but no salary would be attached, pending no problems with the union. After further discussion, Kovacs made a motion to introduce, by title, Ordinance 04-19, revision to the Salary Ordinance 04-01, to delete the Acting Road Supervisor wording to Assistant Foreman in the range of .50/hr to 1.50/hr, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, no; Horensky, yes.
David Dempski said on the Affordable Housing Fees, he has been trying to contact the developers to see when their effective dates were, to see if they could collect the fee. He has drafted a practice for the Assessor and Zoning Officer to review to go forward on how they will be collecting these fees, how they will be noticed and how to connect to the Department of Community Affairs in Asbury in making sure the zoning permits and building permits are done. Dempski said he will be asking the Land Use Board to include some type of notice in the application stating, as of this date there is an ordinance in place in which development fees will be collected.
On the schools, Dempski handed out a newsletter to the Committee on the schools and a stack was given to the Clerk for the Administration Building.
Dempski passed out information on purchasing a stone paver for the Port Colden School House if you want to buy a brick and have it engraved. This will provide funds for the continue the refurbishing and upgrading of the building.
He said he talked with Warren Hills, who will be sending in the proper paperwork to get their Comcast $5000 Grant by the end of the year. They will be buying more television equipment.
On Recreation Commission, Dempski attended the November 11th meeting. They approved the Budget Request for 2005. Robert Miller, Township Engineer, and members of the Commission are working with DEP to review the Horse Shoe Lot and Walking Path Projects. There has been a three week delay in the delivery of the restrooms, due to ordering. They ordered two park benches for the new section of the park on the walking trails. Dempski passed out a job description on a Part Time Recreation Administrator or Secretary for review. Dempski would like to have permission to advertise this position, so someone can be hired and they can start the training. There was discussion on whether it should be hourly or salary. It was decided that the tentative salary would be up to $9600 and operating expenses would be $400. Dempski received the approval of the Committee to go forward on his request to advertise, interview and hire so Flint can train them. de Boer brought up the suggestion that the Committee might consider letting the people that are doing some of the job continue. After further discussion, it was decided that someone outside should be brought in for this position.
Dempski said that while he had Chief Mc Donald and de Boer present he wanted to announce that the Township will be getting $15,000 from Comcast in Technology Grants. He said that the Chief and Emergency Management has requested digital cameras, GPS Units for stormwater management, mapping software for stormwater management, etc. He would like to get together with them for their input.
Dempski said he had a map of the Open Space Inventory that he created, which showed the Highlands Area. He did this with the GIS Information.
OTHER
de Boer said, on the stormwater management, since the ordinance has to be in place by April and he has spoken with Robert Miller and the figure discussed was $30,000, it will have a big impact on the budget request. de Boer asked if Dempski could start working on the ordinance. Kovacs said that the Committee should be careful, there already was a $12,000 transfer into Miller’s account. The budget had been $8,000
and an additional $12,000 was just transferred. de Boer just wanted to get something going because there is a deadline. Dempski said the proposed ordinance adopts the plan as part of the Master Plan, but there are a lot of land use issues on the Stormwater Management Plan. de Boer said that it must also be forwarded to the County Review Board prior to passing the ordinance.
Mayor John A Horensky said that Barbara Theis, Public Assistance Program had been in the hospital and asked the Clerk to send flowers from the Committee.
Horensky said that Richard Flint, Secretary to the Recreation Commission, has decided to resign from the Commission. Flint said he has served 12 years and was very pleased to have been involved in the Park, Passive Areas and everything regarding the Park. Flint said it has been a very good experience in his life, but he is now ready to move on, but would help in the future in any way he can do so. The Mayor said that the Committee has appreciated everything that Flint had done and he has been a tremendous asset to the Township and should be recognized for all his efforts.
Horensky said he had a conversation with Scarlett Doyle, Planner, who indicated to him that she would be sending some information to Dempski regarding COAH and new changes and deadlines that must be met in filing of documents. Doyle said there is a lot of information that must be in prior to the next meeting. Dempski said that if it is the request to extend the certification, it does not apply to the Township. He has already checked with the Executive Director of COAH on this matter. Dempski said his goal is to have the application into COAH by December 1st. Dempski said the Township does not have to get the request for emergency extended certification. The Mayor said, after talking with Doyle, she said there were a lot of significant exposure and impact for the Township, based upon her review. If this is the case, the Mayor would like the Committee to authorize Dempski and Doyle to work together to keep the Committee abreast, but if things have to be done prior to the next meeting, then they should be authorized to do any filing so the Township does not get caught. Kovacs made a motion to authorize Dempski and Doyle to work on any information required by COAH, Dempski seconded. All were in favor.
Horensky said, at the last meeting, there was discussion on getting the Center Designation resolved. He had worked with Doyle and they put together a resolution for consideration by the Committee. A copy had been sent to Glynn to review and revise if necessary. Dempski asked if the Borough had been advised that the Committee had done this. There was no reply. Kovacs made a motion to approve Resolution 04-125, Resolution for the Township of Washington, Warren County, to Remove Itself from being a Center Designation, Dempski seconded.
ROLL CALL: Kovacs, yes; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
It was the consensus of the Committee that the State has to approve it, but this was the way to notify them that this action has been taken.
Horensky said he had been asked by the Warren County Chamber of Commerce to speak to their Warren Leadership Group which he did on Veterans Day.
APPROVAL OF BILLS
Kovacs made a motion to approve the bills, Dempski seconded.
ROLL CALL: Kovacs, abstain; Dempski, yes; Mueller, yes; Strunk, yes; Horensky, yes.
EXECUTIVE SESSION
Strunk made a motion to go into Executive Session at 10:17 p.m., for the purpose of ongoing dispute with the Land Use Board, litigation and purchase of building, Mueller seconded. All were in favor.
The doors were opened. Strunk made a motion to come out of Executive Session at 10:45 p.m., Dempski
seconded. All were in favor.
Glynn asked that the record reflect that on the real estate purchase from Brown and Brown, he will be setting up a conference call between the Mayor, himself and Rob Barlow so they can finalize things that need to be done, set up tentative closing date and move to finalization of the contract. The Committee has given the Mayor the authority to execute the contract for the Township.
Glynn said, with regard to the application of Hawk Pointe before the Land Use Board, he will be writing a letter to the attorney for the Land Use Board with an enclosure being a memo from Evan Howell, Tax Collector, which will ask him to calculate the amount of taxes owed by the applicant as of 11/30/04, together with the back up data and give a full explanation as to how that tax computation was arrived at so there is no dispute as to the position of the Land Use Board. Glynn has also been asked to draft a letter to the Land Use Board which explains several Supreme Court Cases that he has researched which allows a Township Committee to challenge the granting of a variance by its Land Use Board if the variance goes so far beyond what is permitted and actually becomes a rezoning of property, which is anticipated may happen in this case. The Clerk was asked to get copies of the variance applications and fax to him.
Glynn said on the Apgar Case, it looks as if it is heading for a Judgment Motion within the next 30-60 days. It appears as if this will proceed to trial.
There being nothing further to come before the Committee, Strunk made a motion to adjourn at 10:50 p.m., seconded by Dempski. All were in favor.
Respectfully submitted,
Mary Ann O’Neil RMC/CMC
Township Clerk
