TOWNSHIP OF WASHINGTON, WARREN COUNTY

                                                                                   Regular Minutes
                                                                                 September 18, 2007

The regular meeting of the Township Committee was held this date at the Municipal/Police Building located on Little Philadelphia Road.  The meeting was called to order at 7:35 p.m. by Mayor John 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 and transmitted to the Express Times,  posted at the Municipal Building and a copy is in the Clerk’s Office

ROLL CALL:
Dempski, present; Elbassiouny, present; Kovacs, present; Mueller, present; Horensky, present.

SALUTE TO FLAG

APPROVAL OF MINUTES
Elbassiouny made a motion to approve the Regular Minutes of August 21, 2007, Kovacs seconded.
All were in favor, except Dempski who voted no.

Elbassiouny made a motion to approve the Executive Minutes of August 21, 2007, Kovacs seconded. All were in favor. 

ORDINANCES
Dempski made a motion to open Ordinance - 07-18 Ordinance of the Township of Washington, County of Warren, State of New Jersey, Amending and Supplementing chapter 76 Entitled  “Games of Chance, Bingo and Raffles” to create a new section 76-6 Designating the Clerk as the “Issuing Authority, to the public, Mueller seconded.  All were in favor.  Nobody from the audience wished to be heard. Dempski made a motion to close the public hearing, Kovacs seconded. All were in favor. Dempski made a motion to adopt Ordinance 07-18, after public hearing and second reading,   Elbassiouny seconded.
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

Dempski made a motion to open 07-19 Ordinance of the Township of Washington, County of Warren, State of New Jersey, Authorizing the township’s participation in the acquisition of certain real property to the public, Elbassiouny seconded.  All were in favor.  Nobody from the audience wished to be heard.  Dempski made a motion to close the public hearing, Kovacs seconded.
ROLL CALL: Dempski, yes; Kovacs, yes; Elbassiouny, yes; Mueller, yes; Horensky, yes.
Dempski made a motion to adopt Ordinance 07-19, after public hearing and second reading, Elbassiouny seconded.
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

Mueller made a motion to open  07-20 Ordinance of the Township of Washington, County of Warren, State of New Jersey, to Amend, Revise and Supplement Chapter 123 of the Code of the Township of Washington Entitled “Zoning Article IV “Supplementary District Regulations “Subsection 24-B2(b) “Political Signs” of the Code of the Township, to the public, Dempski seconded. All were in favor. Nobody from the audience wished to be heard. Elbassiouny made a motion to close the public hearing, Dempski seconded.
ROLL CALL: Elbassiouny, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
Dempski made a motion to approve Ordinance 07-20, after public hearing and second reading, Elbassiouny seconded.
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

Kovacs made a motion to introduce  07-21 Bond Ordinance to Appropriate an Additional Sum of $495,000 for Various Building Improvements in, by and for the Township of Washington, in the County of Warren, New Jersey, to Make a Down Payment, to Authorize the Issuance of Bonds to Finance Such Additional Appropriation and to Provide for the Issuance of Bond Anticipation Notes in Anticipation of the Issuance of Such Bonds, Elbassiouny seconded. 

The Mayor asked if there was any discussion. Dempski said it is imperative that the Governing Body gets documents in a timely format.  This was distributed to him when he arrived at the meeting and for such an amount of bond,  it is appropriate that it be received in a timely manner.  It had just been faxed hours ago. In addition, at the last meeting they were going to rework the project. He did not see any co-operation among the entire Governing body in this. All they are being asked for is their vote. They were asked to provide estimates, but not asked to make strategic decisions on the Scope of Project. It is disheartening that they are coming up with another bond and possibly even changing the lay out, without even involving the entire Governing Body.  The people elected the Governing Body to decide how much money they spend. Kovacs withdrew his motion.  The Mayor said the motion had been withdrawn.  The Mayor said to Dempski that he was asking the Committee to sit together  and discuss things and there was no meeting scheduled to discuss this.  It was determined at the last meeting that Dempski was to provide information and Kovacs was to provide information, which was done. Kovacs had been asked to take the lead and put the bond together with information provided.  Dempski said they just wanted his vote, not his input.

The Mayor said that Kovacs had withdrew motion and asked Elbassiouny if he would withdraw his second and he would not.  The Mayor asked if anybody else wanted to make a motion.  Dempski made a motion to approve the bond for introduction, just so the matter can go forward, Elbassiouny seconded. 
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes; Horensky, yes.
 
RESOLUTIONS
Kovacs made a motion to approve Resolution 07-95 - Release of Washington Township Land Use Board Escrow, Ronald and Susan Coulombe, Block 66, Lot 5, “C” Variance, Mueller seconded.
ROLL CALL: Kovacs, yes; Mueller, yes; Dempski, yes; Elbassiouny, yes; Horensky, yes.

Elbassiouny made a motion to approve Resolution 07-96 - Refund Resolution/Refunds for Washington Township Committeeman Donations, Mueller seconded.
ROLL CALL: Elbassiouny, yes; Mueller, yes; Dempski, abstain; Kovacs, yes; Horensky, yes.

Elbassiouny made a motion to approve Resolution 07-97 - Resolution Endorsing the Green Acres, Farmland, Blue Acres and Historic Preservation Bond Act of 2007, Dempski seconded.
ROLL CALL: Elbassiouny, yes; Dempski, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

Mueller made a motion to approve Resolution 07-98 - Person to Person Liquor License Transfer, Hawk Pointe Golf Club LLC to Hawk Pointe, LLC, Dempski seconded.
ROLL CALL: Mueller, yes; Dempski, yes; Elbassiouny, yes; Kovacs, yes; Horensky, yes.

Dempski made a motion to approve Resolution 07-99 - Tax Sale Certificate Block 68, Lot 43, Mueller seconded.
ROLL CALL: Dempski, yes; Mueller, yes; Elbassiouny, yes; Kovacs, yes; Horensky, yes.

Mueller made a motion to approve Resolution 07-100 - Cancel 2007 Taxes - Block 70, Lot 2.01Q, Dempski seconded.
ROLL CALL: Mueller, yes; Dempski, yes; Elbassiouny, yes; Kovacs, yes; Horensky, yes;

Dempski made a motion to approve Resolution 07-101 - Resolution of the Township of Washington, County of Warren, State of New Jersey Endorsing Asbury Farms, t/a Hawk Pointe Golf Communities Application for a Revision to a Wastewater Management Plan for the Asbury Farms Development, pending approval by the Washington Township Land Use Board Engineer, Elbassiouny seconded.
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

REPORTS FROM STAFF & PROFESSIONALS
There were none.

PUBLIC QUESTIONS & CONCERNS
Kathy Enz, Spring Lane, said she was present to ask the Township Committee to take some of her tax money and send the engineer up and find the public right-of-way at the end of her driveway. The cattle truck came today and cannot make the turn.  He had to go to the end of the road and turn around and come back.  She said fire engines are a different problem.  She presented a picture of the rock, which has been hit every week for the last year. It is in the public right-of-way.  She has given the Township three different surveys done by three different companies showing where this is and the Committee will not take them, they wanted to send their own engineer.  She asked that this be done.  The Mayor said it was his understanding that the Committee sent the engineer out on several occasions and he did report back to the Committee.  There is a pin in the road that shows where the right-of-way line is. Enz said no, the pin in the road is the property line. Her property and neighbors property both go into the road.  She said the public right-of-way proceeds into their properties.

Lavery asked if this had been resolved lately and she said no. Enz said there was a three month appointment for the first of June and the night before, their attorney called and said they had gone out of state on vacation, and they were right down the street mowing the lawn the whole day they were supposed to be in court. Then they were supposed to go July 9th, with 2 hours scheduled. Three attorneys, including the judge, could not determine what a triangle was and the judge had to leave to go to a doctors appointment. The latest date is now November 1st. 

Enz said she has hay customers coming in and out and they are having a hard time and “God Forbid” she should have a fire because the Township will be responsible. She had two fire companies come and try to make the turn and they cannot turn the corner.

Elbassiouny said he went up with de Boer about a month ago and it was his understanding that it was getting resolved and she was getting 8' from wherever the pin or line is.  He asked if this was correct. She said she got the 8' Elbassiouny said the rock is further than the 8' given, correct.  She said the rock has been hit further than the 8'. Elbassiouny said the Township cannot take the rock out.  Enz said they can make them keep it out of the public right-of-way.  Elbassiouny said it is not a public right-of-way, it is their property. Enz said that she felt the Committee are all afraid to uphold their own ordinances for public rights-of-way. Elbassiouny said this is all in litigation and the Township has gone out, checked it out and it was determined that it was on the neighbors property.  Enz wants to see a survey from the Township Engineer showing that it is not public right-of-way.  Lavery said this whole matter is in litigation, the rock is either on their property or on her property.  Enz said it is in the public right-of-way. Lavery said it has been determined that it is not in the public right-of-way.  Enz said that is because nobody wants to get involved.  The Mayor said this was not true. For five years she has been coming before the Committee and they had sent the prior engineer out on countless times, de Boer has gone been out countless times and it has been surveyed at least once, maybe twice. Enz said she wants to see the survey. The Mayor asked de Boer if he had files from former engineer and asked him to through his  files and bring to the next meeting.  Enz said she wants to see this now. The Mayor asked deBoer to drop off in Clerk’s office, who will advise Enz that files are ready for her to review.   Enz said the last time this was discussed it was said the Township did not want to spend money surveying.   The Mayor said it is already done and the rocks were identified on the survey as being outside the line.  Elbassiouny said it was his understanding as well.   Also, on the rock, the judge ordered them to move it back a minimum of 8' away from the line and they complied with it.  Enz said this was correct.  Elbassiouny said, anything further than that, they cannot get involved.   Enz said it was 8' to start with and the surveyor was to look to see if it needed more to make the turn. Elbassiouny asked if the judge had copies of the surveys and he did, so the Committee will have to wait until he makes a decision.  Enz said the judge also told them that the surveyor is to show a radius allowing a fire engine in property and she needs 4 more feet and that is what the rock is.
The Mayor  said Enz had said this evening, the judge wanted a survey done to show that the fire truck can make the turn, he did not order the township to make that survey.  Enz said he ordered her surveyor and he did it, but they chased him away.  The Mayor said the matter is still being heard by the judge and if he determines the rock is within the turning radius of the fire truck, the judge will order the rock to be removed. The Mayor said it is a court matter.  (Ended at 8:00 p.m.)

NEW BUSINESS
1. Dempski made a motion to approve the Clerk attending a Registrars Class on September 27 in Bethlehem Township and a Mini Clerks Conference on October 1 in Bloomsbury, NJ, Elbassiouny seconded.  All were in favor.

2. Elbassiouny made a motion to approve the Raffle Application for the Rotary Club on November 12, 2007, Dempski seconded.  All were in favor.

3. Asbury Farm Appeal of Cost and Charges - After discussion, on invoices, Lavery was directed to write a letter advising that the charges were appropriate. If they are not satisfied, they will have to go the Construction Board of Appeals.

4. Mueller made a motion to approve the request from the WTYA to use meeting room for basketball registration on Friday, September 28 from 7 p.m. to 9 p.m. and Saturday, September from 10:00 a.m. until noon, Elbassiouny seconded. All were in favor, except Dempski who abstained.

5. Discussion on proposal by WTYA to replace roof on the Meadow Breeze Park Field House. Committeeman Dempski left the room during this discussion.  A representative from WTYA asked if their fees could be waived for 2008 if they put the roof on the Field House.  After discussion, Kovacs made a motion that approval be given to WTYA to put a new roof on the Field House, but there were no strings attached on waiving fees, this was a Recreation Commission decision, Elbassiouny seconded.
ROLL CALL; Kovacs, yes; Elbassiouny, yes; Mueller, yes; Horensky, yes.
Dempski returned to the meeting.

6. Dempski made a motion to approve Dawn Stanchina, CFO, to attend the League Meeting in Atlantic City on November 13 through November 16, with Franklin Township paying half expenses, Elbassiouny seconded.
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

7. Dempski made a motion to approve Sgt Paul Wolf continuing his education, Mueller seconded.
ROLL CALL: Dempski, yes; Mueller, yes; Elbassiouny, yes; Kovacs, yes; Horensky, yes.   It was suggested that officers should discuss courses with Chief Mc Donald prior to taking them to ensure there is money in the budget to cover them.

8. Dempski made a motion to approve Michael Lavery, Township Attorney, executing the agreement on the AJR Execution of the IRS Form 8283, Elbassiouny seconded.
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

9. Dempski made a motion to approve the Panthers using the meeting room on Saturday, October 20  from 10 a.m. until noon, Mueller seconded. All were in favor.
 
10. Dempski made a motion to approve dump body replacement of Henderson Mark 2 Body on Freightliner FL70 Chassis, to Hale Trailer Brake and Wheel in the amount of $14,218.98, Elbassiouny seconded.
ROLL CALL: Dempski, yes; Elbassiouny, yes; Kovacs, yes; Mueller, yes; Horensky, yes.

11. Discussion, Memo from Finance/Medina Consultants- Dempski said his concerns were with the Stormwater Management Issues that he had raised. Dempski said he had asked for some clarifications from Medina and he  did not believe he received a professional or dignified response, which Elbassiouny took care of with them.  Dempski went over the work that had been done already on this and questioned the amounts that were being charged. He did not feel the bill was justifiable.  The approval had been given by the Land Use Board and County, as well as an ordinance. The Township completed all their tasks on time and even have a GIS map of the stormwater stenciling.  There was no need to have engineer review documents that had been approved already.  Elbassiouny will have a meeting with Medina about this and asked these vouchers being held until he and Dempski meets with Medina.

REPORTS FROM OFFICIALS
Samir Elbassiouny received a call from representatives from Washington Boro regarding the discussion on the library. He and Mueller will be setting up a meeting with them. He also will be meeting with the County Library System as well.  Both sides will be reviewed to see what is the best option for the Township. Elbassiouny asked if this had to be done by referendum, Lavery will check into this to see how the Township got into the system.  Elbassiouny asked Mueller to send a letter to David Higgins in  Washington Boro and the County  setting up a meeting on this matter. Kovacs said if this goes forward, to make sure there is a contract drawn up and everything spelled out. 

Michael A Kovacs had no report.

Barry Mueller said the Historic Commission is planning an Informal Gathering with some of the long time residents in the area for the purpose of recording oral histories. No date has been set yet.

The Recreation Commission is interested in looking into starting the procedure to possibly putting soccer fields on the Mill Pond Road Property.  They are asking for guidance on how to get this started.  Dempski said this is the responsibility of the Open Space Advisory Committee, because they have the experience in creating Planning Incentive Grants.   It was part of the OSRP. Dempski said he would offer his experience if they want to go forward with this to help them do it The Application would be responsibility of Open Space Advisory Committee.   There was no objection into looking into this by the Committee.

Kovacs said they are into a contract to farm this land and he didn’t know the status at this point.  de Boer said he had talked with him and he is aware and has no problem.   Dempski said this would be a significant loss of revenue from the Open Space Trust Fund, about $3500 a year. 

Dempski said when you take a piece of farm land and put active recreation on it you have to do a Phase I and Phase II Study.  They never did a Phase II Study, so DEP will not let the Township put active recreation on the site until Phase I and Phase II Remediation is done.   There would be a fee for doing this.  Dempski said the Township should find out what the DEP wants to do first to get this going. Bids would be required to get a turnkey quote to find out how much it is going to cost to put fields in this area. Dempski will check into this and work with Mueller.

 David Dempski asked for approval from the Committee to authorize two Clean Community Requests - for education programs by the PTA  (1) from Brass Castle School for $1095 for two shows and (1) for Port Colden School for $725 for one show   from Clean Community Grant.   Dempski made a motion to approve two Clean Community Grants to Brass Castle School and Port Colden School, Mueller seconded.
ROLL CALL: Dempski, yes; Mueller, yes; Elbassiouny, yes; Kovacs, yes; Horensky, yes.

Dempski said he wanted to take the time to commend the staff at the Administration Building, especially Jo Ann, Treasurer, who came in over a weekend to go through the Affordable Housing Trust Fund.  Also, Mary, Nancy and Dawn did an incredible amount of work in pulling together the annual report, which has been filed. They all did a great job in supporting this and making it happen.  The Mayor thanked Dempski for all his effort and work for pulling this information together and sending it.

Mayor John Horensky said he had been invited by the Regional Plan Association out of New York, Connecticut and New Jersey to attend the Mayors Institute in Princeton.  It was a very enlightening meeting that he was involved in. They invited six towns from the Highlands Region, with the idea of putting the Mayors of those towns together with profession planners, professional designers, landscape architects and the State was represented by the DOT, DCA was there, who had representation from the Highlands Commission.
 
This year the focus was on the Highlands and how it would impact various municipalities. Five of the towns came in with specific projects, by block and lot, to identify development potential in their town. He went in saying there was interest that they should be looking at Washington Township with concerns expressed over the years about the high tax rate and something must be done to balance that out.

He also had a concern that they had a Master Plan that they had copies of, which identify reasonable grown patterns for the Township. He wanted them to look at this, particularity the areas designated as development for commercial along Route 31 corridor.  They focused in the area north of the Hawk Pointe Development up to Borough Border.  They come up with various concepts.   A report will be coming from them in about eight weeks which will outline what they discussed for all municipalities.

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

EXECUTIVE SESSION
Lavery said they have a need for an Executive Session to discuss a litigation matter, (Washington Township vs Unity Bank) one contractional matter ( AJR Closing scheduled for 9/16) , one personnel matter, which was a health benefit question and contractional matters for new building. Elbassiouny made a motion to go into Executive Session at 8:58 p.m., Mueller seconded.  All were in favor.

The doors were opened. Elbassiouny made a motion to come out of Executive Session at 9:48 p.m., Dempski seconded.  All were in favor.

Lavery said they emerged from Executive Session at 9:48 p.m. where they discussed a litigation matter, being Washington Township vs Unity Bank, contractional matter, which was closing on AJR Property, a  personnel matter on health benefits and a  contractional matter for proposed estimates for additional work on building.  No official action was taken. Copies of these minutes to be available at such time the Committee determines there is no harm to public interest.

There being nothing further to come before the Committee, Kovacs made a motion to adjourn at 9:55 p.m.,  Elbassiouny  seconded. All were in favor.

Respectfully submitted,

Mary Ann O’Neil RMC/CMC
Township Clerk