TOWNSHIP OF WASHINGTON, WARREN COUNTY
Special Meeting
October 28, 2004

This Special Meeting of the Township Committee was held this date at the Municipal/Police Building located on Little Philadelphia Road.  This Special Meeting was called pursuant to the provisions of the Open Public Meetings Law.  Notices of this meeting were faxed to the Star Gazette and copied to the Express Times. In addition, copies of notices were posted on the bulletin board in the Administration Building and filed in the office of the Municipal Clerk on aforementioned date.  Notices on the bulletin board have remained continuously posted.   The purpose of the Special Meeting, as advertised, was for the purpose of discussing pending litigation and possible acquisition of property. The Special Meeting was called to order at 7:03 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

The Mayor said the purpose of this meeting was to discuss matters with regard to litigation and possible land purchase.  It has been determined that these matters are acceptable to go into Executive Session.  Dempski made a motion to go into Executive Session at 7:04 p.m., Strunk seconded.  All were in favor.   The doors were closed.

The doors were opened.  Strunk made a motion to come out of Executive Session at 10:25 p.m., Dempski seconded.  All were in favor.

Glynn said he would like the record to reflect that Special Tax Counsel Martin Allen  and Tax Assessor Michael Schmidt appeared tonight to talk about the pending tax appeal in the Asbury Farms Matter.  After extensive discussion, the Committee will be adopting a motion that was worded by Tax Counsel in Executive Session which would authorize him to go forward with the Settlement Proposal.  With regard to the building and land acquisition that was discussed, the Committee has authorized the Mayor and Strunk to continue the dialog with Brown and Brown.  With regard to the Apgar Law Suit, the Committee has opted not to accept the Plaintiff’s settlement proposal. There are issues that need to be researched and discussed further with regard to the Variance Application presently being  pursued by Asbury Farms before the Township Land Use Board.

Strunk made a motion to authorize Tax Counsel and Tax Assessor to proceed with negotiations and settlement of Asbury Farms, based on discussions in Executive Session, Dempski seconded.

ROLL CALL: Strunk, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

ORDINANCE

Dempski made a motion to approve 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, on first reading, Mueller seconded.

ROLL CALL: Dempski, yes; Mueller, yes; Kovacs, yes; Strunk, yes; Horensky, yes.

The Mayor said he and Strunk will continue with their negotiations and will report at the next Special Meeting on November 4, 2004 at 7:00 p.m., which has been advertised for land acquisition and other action may be taken.

Dempski made a motion to adjourn at 10:28 p.m., Dempski withdrew motion.

The Committee authorized Ed Glynn, Township Attorney, to communicate to Attorney Susan Rubright not to accept the Plaintiffs (Apgar) Settlement Offer.

Their being nothing further to come before the Committee, Dempski made a motion to adjourn at 10:30 p.m., Strunk seconded.  All were in favor.

Respectfully submitted,
Mary Ann O’Neil RMC/CMC
Township Clerk