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TOWNSHIP OF WASHINGTON, WARREN COUNTY
Regular Meeting
October 18, 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: Kovacs, present; Mueller, present; Strunk, present; Dempski, present. Blake Rush was present from the office of the Township Attorney Edward Glynn and Mary Ann O’Neil, Township Clerk, was also present. Horensky was absent.
SALUTE TO FLAG
APPROVAL OF MINUTES
Strunk made a motion to approve the Special Executive Minutes from September 8, 2005, Mueller seconded. All were in favor.
Kovacs made a motion to approve the Executive Minutes from September 15, 2005, Strunk seconded. All were in favor.
Kovacs made a motion to approve the Special Meeting Minutes from September 15, 2005, Strunk seconded. All were in favor.
Strunk made a motion to approve the Executive Meeting Minutes from September 20, 2005. Mueller seconded. All were in favor.
Mueller made a motion to approve the Regular Meeting Minutes from September 20, 2005, Strunk seconded. All were in favor.
AWARD OF BIDS
Award of Bid for Reconstruction of Cemetery Hill Road and Rymon Road - There were three bids received. The Township Engineer recommended that the bids be rejected as they exceed the allocation that was estimated for the project. Strunk made a motion that all bids for the Reconstruction of Cemetery Hill Road and Rymon Road be rejected, Mueller seconded. All were in favor. Kovacs suggested that the cost of gas may have a bearing on this and should be checked. The Mayor will talk with the Township Engineer and have him attend the November 15th meeting. The Township Engineer will be contacting the Department of Transportation regarding the $90,000 grant and getting an extension.
Award Bid for 2006 Single Axle and/or Tandem Axle Dump Truck with Snow Plow and Spreader - de Boer, Public Works Manager recommended that the 2006 Single Axle Dump Truck with Snow Plow and Spreader be awarded to Opdykes Sales and Service for a total bid price of $117,133, per their bid proposal with heated stainless steel body. Strunk made a motion to approve the 2006 Single Axle Dump Truck with Snow Plow and Spreader be awarded to Opdykes Sales and Service for a total price of $117,133, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes.
Award Bid for 2006 Mason Dump Truck with Snow Plow and Spreader - de Boer made a recommendation that the 2006 Mason Dump Truck with Snow Plow and Spreader be awarded to Route 23 Auto Mall/Truck Center for a total bid of $64,397, per their bid proposal with a Henderson Mark 3 stainless steel dump body. Strunk made a motion that the 2006 Mason Dump Truck with Snow Plow and Spreader be awarded to Route 23 Auto Mall/Truck Center for a total bid of $64,397, Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
NEW BUSINESS
1. Set Time and Date for Special Meeting - After discussion on date and time, Strunk made a motion to have a special meeting on Thursday, November 3, 2005 at 7:30 p.m., for the purpose of discussion on the Brown and Brown Building, transfer of funds, discussion on a forensic auditor and personnel discussion, Kovacs seconded. All were in favor.
ORDINANCES
Strunk made a motion to approve Ordinance 05-20 Ordinance Amending Salary Ordinance 05-01 Fixing the Salaries of the Officers and Employees of the Township of Washington, County of Warren, State of New Jersey, on first reading, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes.
Public Hearing and Second Reading will be Thursday, November 3, 2005.
Strunk made a motion to approve Ordinance 05-19 Ordinance Establishing A Rate of Payment for Outside Employment of Off-Duty Police Officers on first reading, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes.
Public Hearing and Second Reading will be Tuesday, November 15, 2005.
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. Kovacs made a motion to approve Resolution 05-138 through and including 05-148, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Dempski, yes.
05-138 Resolution Requesting Approval of the Director of the Division of Local Government Services to Establish a Dedicated Trust by Rider for Animal License Fees.
05-139 Resolution Requesting Approval of the Director of the Division of Local Government Services to Establish a Dedicated Trust by Rider for Outside Employment of Off- Duty Police Officers.
05-140 Resolution Requesting Approval of the Director of the Division of Local Government Services to Establish a Dedicated Trust by Rider for Parking Offenses Pursuant to PL 1989, c.137.
05-141 Resolution Requesting Approval of the Director of the Division of Local Government Services to Establish a Dedicated Trust by Rider for Snow Removal Reserve Pursuant to PL 2001, c.138
05-142 Chapter 159 Budget Amendment Resolution
05-143 Resolution to Authorize and Approve Salaries and Wages for Certain Employees (S. Kerkendall-Sub Crossing Guard)
05-144 Release of Performance Guarantee for Fitzgibbon, Smith, Smith & Smith (Bl. 66, Lot 20.01)
05-145 Acceptance of Performance Bond - Marco Contractors, Inc. (Bl 22, Lots 3.14, 3.15 & 3.16)
05-146 Resolution Adopting Certain Financial Policies and Procedures
05-147 Resolution Imposing a Halloween Curfew Establishing Observance of Trick or Treat Within the Township of Washington
05-148 Resolution Endorsing Amendment of NJ Statute 22A:304 to Allow Municipal Courts to Assess Up To One-Hundred Dollars of Court Cost and Endorsing an Increase in the Fines for Second and Third Disorderly and Petit Disorderly Offenses
The Mayor said there was some Old Business that was related to these resolutions, which was the Fund Transfer Policy between the Tax Collector and the Finance Office. The Mayor did check with Dave Evans, Township Auditor, who had additional feed back and copies of this policy had been distributed to the Committee and Finance Department. The Mayor asked for a motion to adopt the Tax Collector/Chief Financial Officer Funds Transfer Policy. Strunk made a motion to approve the Tax Collector/Chief Financial Officer Funds Transfer Policy, Kovacs seconded.
ROLL CALL: Strunk, yes; Kovacs, yes; Mueller, yes; Dempski, yes.
PUBLIC QUESTIONS & CONCERNS (7:50 p.m.)
Charles Harmon, 3 Tamzen Terrace, said he was looking for an update on the sinkhole issue. The Mayor said there was a very good meeting with the developer and they came to an agreement where they would agree to correct the sinkhole by filling it and pay for the inspection by the Township Geologist. They are just getting specifics now between their attorney and the township attorney. The Mayor said he expects to have some type of deadline by early next week to determine when they were going to come out. They will be taking a fire truck and opening the hole, clearing the throat, have it inspected, then fill with a mixture, have it leveled and inspected again. de Boer said that he is meeting with J. Fisher at the site Thursday morning and they may do the remediation the following week.
Richard Lewis, 16 Elizabeth Avenue, said he had two concerns that he would like to address. First, the speeding on Route 31. The area in question is from the township line north to Jackson Valley Road. The posted speed limit there is largely ignored. Those using Essex Road trying to get on Route 31 is a battle they face every day. He appealed to the Township Committee for more enforcement in that area. Second, his concern was with Mischief Night/Halloween. He lives in Valley View. Two years ago there was some minor vandalism, eggs, etc. Last year it escalated to the point where they barricaded a portion of Elizabeth Avenue with cinder blocks. They spray painted his garage doors, driveway and vandalized the mailboxes. He has spoken with his neighbors and they are concerned as well. Lewis asked, if possible, they would like to see an increase in the police patrolling during that weekend. The Mayor asked Chief Mc Donald to increase patrols in that area during the weekend. Also, he asked him to put up the electronic speeding sign up on Route 31. Lewis also wanted to thank the Department of Public Works on cleaning up the mess on Essex Road last week after the heavy rainfall. (Ended 7:55 p.m.)
OLD BUSINESS
The Mayor said a request had recently been received from Asbury Farms/Hawk Pointe for a Treatment Works Modification to their plan. It has been reviewed by CREW Engineers, Sewerage Engineer, and they approved it and he has signed it. He had previously been authorized to sign it, once the review had been completed by CREW Engineers.
NEW BUSINESS
2. Molly Adams, Area Manager of Community Affairs for Comcast was present. Adams said that she was present at the meeting because there has been interest by residents in a certain section of Washington Township who do not have television/internet service. Adams said that Comcast is going to be building out that area, about 24 homes on Spring Lane, Harmony-Brass Castle Road, Montana Road, Hartmans Trail, Hartmans Corner Road and Angen Road. Adams said when they extend the plan they typically use poles that are already in the area. In this case the poles will be owned by Verizon, Sprint and Jersey Central Power and Light. They will be filing the paperwork for the pole licenses with the utilities tomorrow. Then, they have 90 days to come out, check the poles and see what has to be done. Some of the utilities will have to move their lines. After 90 days, they come back to Comcast and give pricing on what this will cost. Comcast has to pay for the utilities to move their lines. The 90 days will end around the first of February. Then they will give a price and it takes approximately 30 days to get a check cut. Then, they have 45 days to do the work to move the lines. Once this is all done, then Comcast can bring their contractor in and do the actual work to hang the cable, projecting about 30 days to do the work. Basically, they expect to offer service to these people the end of May or early in June.
3. Request from Township Clerk to attend Registrars Class on October 26 in New Brunswick had been taken off the agenda.
4. Brown and Brown Building Driveway Construction - Strunk said the Township has received approvals from Soil Erosion and Sedimentation Control to proceed with installing the driveways around Brown and Brown. Strunk said he had talked with de Boer about doing this work in house and will have more details and costs for the meeting on November 3rd.
5. Discussion on Municipal Court will be discussed later in the meeting.
6. Review Proposed Insurance Enrollment Change Request Form - The Mayor said there was a proposal to require that any insurance enrollment needs to be signed off by three individuals (liaison, department head and mayor) so there will be better control on how the benefits are administered. The Mayor had Jo Ann Fascenelli, Acting CFO, design a form for an Insurance Enrollment/Change Request Form and no additions and/or revisions are to be made to the Township Insurance Plan without this form. Kovacs made a motion to adopt the Insurance Enrollment/Change Request Form designed by Fascenelli, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Dempski, yes.
7. Request for Proposed Policy Manual Changes regarding Paycheck Distributions - Under Wages and Salaries Policies, Section C, Paycheck Distribution, add the wording monthly, quarterly or yearly under C, Paycheck Distribution. Mueller made a motion to approve the described wording, Kovacs seconded.
ROLL CALL: Mueller, yes; Kovacs, yes; Strunk, yes; Dempski, yes.
8. Request from Clerk to attend Registrar Seminar on November 15 in Atlantic City, Request for Anna Godfrey had been withdrawn. Strunk made a motion to approve the Clerk attending the Registrar Seminar on November 15, 2005 in Atlantic City, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes.
9. Request from Clerk to give Robert Gabrish, temporary Tax Assessor filling in for Michael Schmidt, Tax Assessor, a key for security system and doors at the Administration Building. Strunk made a motion to approve Robert Gabrish getting the keys to the security system and doors at the Administration Building, Mueller seconded.
ROLL CALL: Strunk, yes; Mueller, yes; Kovacs, yes; Dempski, yes.
EXECUTIVE SESSION
Strunk made a motion to go into Executive Session at 8:10 p.m. to discuss negotiations regarding a shared service agreement and personnel, Mueller seconded.
ROLL CALL Strunk, yes; Mueller, yes. Kovacs, yes; Dempski, yes;
The doors were opened Kovacs made a motion to come out of Executive Session at 8:26 p.m., Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Dempski, yes.
NEW BUSINESS
5. Discussion on Municipal Court - The Mayor said, under State Law, each municipality in the State of New Jersey must maintain some type of court, either joint court, shared court or on their own. Washington Township has been partnered with the Central Warren Joint Court for over 40 to 50 years, which encompassed just Washington Township and Franklin Township. The Mayor said, this year, the Township attempted to negotiate an agreement to define the shared parameters between the two townships. Those negotiations were not fruitful and they could not come to an agreement or solution on issues that had been raised. In doing so, the Township investigated partnering with another municipality to create a shared court and there being a defined agreement with clearly defined payment percentages, as well as an increase in revenue costs coming back to the Township from the court.
The Mayor said proposals had been received from Mansfield Township and Washington Borough. In terms of cost shares, with Mansfield Township, the total Washington Township cost was $81,091, which was 45% Washington Township and 55% Mansfield Township. On the 2005 Court Budget, this represents a savings of almost $36,000. Over the proposed 2006 Court Budget, which was rejected, it was approximately $83,000. Washington Borough submitted a proposal for $77,599, which was 38% Washington Township and 62% Washington Borough. This represents a savings of $39,000 in 2005 or $86,000 in 2006. Mansfield Court is roughly 4 miles and Washington Borough Court is 1 mile. The total 2005 Central Warren Court Budget was roughly $117,000, the new proposed one was $164,000. There was approximately a 30% increase in the contributions for the joint court.
The Mayor said that Horensky is out of town, but has faxed his feelings on the matter to the Township Committee to be considered.
The Mayor said, on October 4, 2005, the Township received a copy of a letter written to the Honorable Judge Graham T Ross by Mayor Larry Adams, advising that a meeting on October 3, 2005, the Franklin Township Committee has made a decision to dissolve the Central Warren Municipal Court, which consists of Franklin Township and Washington Township in Warren Township. Franklin Township is pursuing joining as a shared service with Lopatcong Township Court, effective January 1, 2006. The Mayor said that any time a court is created or dissolved, the New Jersey Court System must approve it to make sure you are not just shutting down. The Mayor said the Township will be partnering tonight with a new municipality, based on discussions that have been had and will move forward to have it established by January 1, 2006.
Horensky’s statement read that nothing in whatever he has read, nor what he has heard, would lead him to believe that an agreement for a joint municipal court with the Borough of Washington would be detrimental to the citizens of Washington Township. If the Township Committee in its deliberations this evening is satisfied with the information it is given and decides to move forward with establishing a joint municipal court with the Borough of Washington, I will endorse same.
The Mayor said he would like a motion to authorize him and Glynn to write a letter to the Honorable Judge Graham T Ross endorsing the belief that Washington Township should also cancel the Central Warren Municipal Court with the proper review of the material, including agreements, letter itself and any ordinance required to remove the existing court and create a new one. In addition, he would like to include in the motion have the Mayor and/or Court Liaison to insist on negotiations with the chosen municipality to effect an agreement, which should be before the November meeting. Kovacs made the request of the Mayor as a motion, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Dempski, yes.
Kovacs made a motion to accept the proposal of shared court with Washington Boro, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Dempski, yes.
Strunk recommended a letter be sent to Mansfield thanking them for their time in preparing the information in a timely manner. The Mayor will send the letter.
The Mayor said, in going forward, the letter to the AOC will give the consent of the Township to dissolve the court. The municipal court revenue must be brought up to the 75%/25% for the full year. In addition, there are operating expenses which were surplus which the Township is entitled to. There is a possibility that the Township may be creating a new court in the Brown and Brown Building in 2007, which will be discussed next year. In addition, ordinance and agreements will be forwarded as well for review. They need to have everything reviewed before the Township can take an official step to create a new court for January 2006.
REPORTS FROM OFFICIALS
Michael A Kovacs said that on the Recreation Commission, there had been considerable discussion on the lighting on the horse shoe pit area. The feeling now is that it should not be done. Most of the people using it are from out of town, it is usually a summer time function. It is usually light to 8:30 p.m. - 9:00 p.m. when they could be down there in the summer time and there is a conflict with lights in the ordinance as to the use in the park. There is a curfew time there. The ordinance would have to be changed to accommodate them with lights staying on for an extended period of time. The Recreation Commission feels it is not going to be used for the amount of the money that would be spent, time used and time of year used, so lets drop the whole issue. de Boer said that they did talk with some of the horse shoe people that were down there and they felt the same way. They have access to the Warren County Fairgrounds, which is indoors. They said they have only used it maybe once this year.
The Mayor said that he had talked with Dan Slack, who has an idea about modifying the sheds to get more shed area. The Mayor suggested that Kovacs talk with him about it. Slack would like to rearrange the sheds down by the new softball fields to make it more attractive in the area. Slack had discussed the idea with de Boer, who suggested it be run by the Mayor. Kovacs said if the Mayor agrees and de Boer thinks it will work, he would make a motion to authorize Slack to move the sheds. Kovacs made a motion to authorize Slack to move the sheds around according to the proposed plan discussed, Mueller seconded. The Mayor said there is an existing shed for equipment and there is another shed behind it for soccer. The Mayor said that Slack wanted to purchase another shed and reorganize the three sheds, put a canopy over it, so you would have a storage area.
ROLL CALL: Kovacs, yes; Mueller, yes; Strunk, yes; Dempski, yes.
Barry Mueller said the Historical Signs have been refurbished and put back up.
Also, he has been approached by a member of the garden club for Washington Womens Club, who had planted a butterfly bush down by the log cabin. They are interested in doing some maintenance around the cabin in the flower beds. This had been done previously by the Robert Rush Foundation , but once Mrs. Schumann died it was discontinued. Mueller said the women would like to take this project on in the spring. The Committee had no objection.
Mueller said the County sent the statistics of the traffic count on the intersection of South Lincoln Avenue and Cemetery Hill Road with some comments and suggestions. They request to meet again, which will be done.
Mueller and Horensky have met twice with Tom Bocko, Zoning Officer, regarding a new sign ordinance, which should be done before the end of year.
Jeff Strunk said that on the project of the Brown and Brown Building, there was a leak over the last 17" rain storm and the Township will be putting in an insurance claim for some minor damage. He will be talking to the committee at the next meeting on the driveway. They are proceeding slowly with the Code Enforcement. There is a small sinkhole that has opened up on the perimeter of the property on the southern boundary. Strunk said the geologist representative should be up Thursday and he asked for permission by the Committee to have him look at this and maybe flood it with the fire department to find the throat they could probably get it remedied in a fairly quick manner and get it remediated. Mueller made a motion to have the geologist representative to recommend how to fix the sink hole and remediate it, Kovacs seconded.
ROLL CALL: Mueller, yes; Kovacs, yes; Strunk, yes; Dempski, yes.
Strunk said that de Boer has expressed an interest in being Project Manager when the project is started at the Brown and Brown Building. This would be in addition to his regular duties and he would be compensated for it. Kovacs said he was Project Manager when the park was built and it worked well.
Mayor David Dempski said on community issues, that they have been working with ABD developer to fix the sinkhole on Tamsen Road and fix the drainage swale on Elizabeth Avenue. He also visited the site, because there were two complaints from Mc Clement and Plushanski, regarding debris in their back yard on drainage.
The Mayor and Mueller will be meeting with the Washington Township Board of Education on Wednesday to discuss the plans authorized about leasing the Police Building when it is vacated in 2006.
Congressman Garrett will be visiting Washington Township on Saturday at 2:00 p.m. at the Municipal Building to give feed back on what is going on in Washington and what issues that he should be aware of in Washington Township.
On September 6, 2005 New Jersey DEP Commissioner Bradley Campbell issued an Administrative decree to New Jersey Register authorizing the Fast Track Development Approval Process, which tied into the Highlands Rule.
NJDOT made a presentation at the last Land Use Board Meeting on the Route 57 Corridor about planning, preservation and other innovative concepts and will be coming back in about three weeks to discuss this further.
The Affordable Housing Element for the Master Plan and Fair Share Plan has been completed and is under review of the Land Use Board. There will be a presentation on October 26, 2005 and a public hearing and adoption on November 9, 2005. The Township Committee will be reviewing and adopting the Development Fee Spending Plan, as well as the Housing Element and Fair Share Plan at the November 15, 2005 meeting.
On the Washington Township Youth Association, due to the problems with the drought there have been many problems where there were not enough fields for practice and games. There were a lot of conflicts. So, going forward, when groups request fields, they should submit practice schedules with that. This way slots will be assigned to teams. Kovacs asked that the Mayor send this information to him and he would take it to the Recreation Commission.
Michael A Kovacs said on Warren Hills using the fields, he would like to see in 2006, that Warren Hills Boys and Girls Soccer Teams both the JV and Varsity to use Fields S1 and S2 at no charge. The Township already has to maintain the fields, because they are doing it for the other organizations, so there is no extra effort to be done. Strunk asked if this would cause a conflict with township use of the field, Kovacs said no.
Mueller made a motion that the Warren Hills Boys and Girls Soccer Team use S1 and S2 Fields in 2006 for no charge, Kovacs seconded. All were in favor.
Kovacs asked the Clerk to notify Nick Holgash of this decision.
Mayor David Dempski said the State will be doing the culvert on Route 57 they have asked the Township for an exemption for the Noise Ordinance while doing this work. This would be for 2006. It would be a mile on Route 57 and 31. Kovacs made a motion that NJDOT be exempt from the Noise Ordinance when it is done in 2006, Strunk seconded.
ROLL CALL: Kovacs, yes; Strunk, yes; Mueller, yes; Dempski, yes.
Chief Mc Donald said the 1997 Expedition with 130,000 miles, currently used by the detective, the transmission is shot. It would cost approximately $5,000 to fix it and he did not think it would make sense to repair the vehicle. The Chief said there are some monies available in a 2000 bond for the purchase of another vehicle, but he did not know if it would be enough. He would prefer to have another like vehicle if he could. Kovacs asked if he had talked with Fascenelli about leasing another vehicle. The Chief said, the only thing wrong with leasing, you cannot lease from a bond. The other option is to use this vehicle for two months, then purchase a new one from surplus or use the money in bond, plus surplus. This would be in addition to any vehicles that he needs replaced. Strunk will check with the Finance Office to get the options on getting another vehicle.
Mayor David Dempski said he had one last issue regarding the ongoing efforts with the AJR Property. The New Jersey State Agriculture Development Committee will be reviewing the application on November 3, 2005.
PAYMENT OF BILLS
Mueller made a motion to pay the bills, Strunk seconded.
ROLL CALL: Mueller, yes; Strunk, yes. Kovacs, abstain; Dempski, yes.
MOTION TO ADJOURN
Strunk made a motion to adjourn at 9:10 p.m., Kovacs seconded. All were in favor.
Respectfully submitted,
Mary Ann O’Neil RMC/CMC
Township Clerk
