REGULAR MEETING The Franklin Township Committee held a regular meeting on Monday, June 9, 2003 at the Franklin Township Municipal Building, Broadway, N.J. at the hour of 7:00 P.M. Mayor Valerie Riggs opened the meeting in accordance with the Open Public Meetings Act Chapter 231, P.L. 1975 having been duly advertised and a copy posted in the Office of the Township Clerk. Present: Mayor Riggs, Committeemen;,,,, John Zaiter, Esq., Denise L. Cicerelle, Municipal Clerk, Nevitt Duveneck, Engineer, Roger Bulava, OEM, James Onembo, Zoning Officer, Jeff Julian, Youth Association President. Following the flag salute, the first order of business was the motion by and seconded by to approve the Special Meeting Minutes. (Hearing of the Defeated Budget for Franklin Township BOE). Unanimous Vote. The Regular Monthly Meeting Minutes for May 12, 2003 to approve on motion by and seconded by. Unanimous Vote. With the following corrections noted: 1. In reference to the Third Street Drainage problem, pg. 14, so note appears pipe needs to be excavated. 2. In reference to pg. #16, last paragraph, so note that Committeeman noted that the squad generally doesn t come before us much to ask for any support. Executive Session Minutes, corrections were given to Clerk by Mayor, to be placed on next month agenda for approval. The following Ordinance 2003-12 was presented for final reading and adoption. ORDINANCE 2003-12 AN ORDINANCE APPROPRIATING THE SUM OF $6, 100.00 CURRENTLY LOCATED WITHIN THE CAPITAL IMPROVEMENT FUND OF THE TOWNSHIP OF FRANKLIN FOR PURCHASE OF TORO LAWN MOWER The following Ordinance 2003-13 was presented for final reading and adoption. Ordinance 2003-13 AN ORDINANCE TO AMEND CHAPTER 90-3 ENTITLED DEFINITIONS AND CHAPTER 90-57 ENTITLED CONDITIONAL USE REGULATIONS IN THE TOWNSHIP OF FRANKLIN, WARREN COUNTY, NEW JERSEY The following Ordinance 2003-14 was presented for final reading and adoption. 1
Ordinance 2003-14 AN ORDINANCE TO AMEND CHAPTER 90-56 ENTITLED DISTRICT REGULATIONS IN THE TOWNSHIP OF FRANKLIN, WARREN COUNTY, NEW JERSEY The following Resolution 2003-53 was presented for adoption. RESOLUTION 2003-53 WHEREAS, the Township Committee of the Township of Franklin, County of Warren, State of New Jersey, has received applications for the renewal of liquor licenses; and WHEREAS, each application for renewal was accompanied by the following fees: Plenary retail Consumption $826.8 plenary Retail Distribution $609.60, and club license $50.00; and WHEREAS, each application was also accompanied by a $100.00 check payable to the Division of Alcoholic Beverage Control; and WHEREAS, the following submitted plenary retail consumption liquor license retail applications; Wedgewood Inn, Inc. (trade name: Wedgewood Inn), License #2105-33-001-002; Asbury Willows, LLC., License #2105-33-002-003 Sebastiano s Resturante, LLC, License#2105-33-003-010 WHEREAS, the following submitted a plenary retail distribution license renewal application; and Village Discount Liquors, LLC; License #2105-44-004-003; WHEREAS, the following Club license was submitted for license renewal. Warren County Rod & Gun Club #2 #2105-31-006-001 WHEREAS, the applicants for plenary retail consumption renewals provided proof of tax clearance as issued by the New Jersey Division of Taxation; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Franklin, County of Warren and State of New Jersey, that the applications received for Plenary Retail Consumption, Plenary Retail Distribution and Club License have been duly inspected and that all appropriate documentation and fees have been submitted along with said applications and as such, the licensee applications are deemed complete and renewals of the same are hereby granted and that aforenoted liquor licenses for the year 2003/2004 be accepted and approved for issue NOW, THEREFORE, BE IT RESOLVED, that the Clerk of the Municipality is directed to execute the license certificates and deliver the same on behalf of the Township of Franklin. NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Franklin that this resolution shall take effect immediately. The within Resolution 2003-53 was moved by Committeeman and seconded by Committeeman and upon roll call vote was passed. Roll Call Vote: Yes No Absent/Abstained 2
Mayor Riggs (5) yes motion carried Dated: June 9, 2003 The following Resolution 2003-54 was presented for Adoption. Resolution 2003-54 WHEREAS, a tax payment was made by Direct Title on Block 16 Lot 12.09 for the first and second quarters of 2003, and WHEREAS, the first quarter had already been paid by the property owners, and WHEREAS, the payment made by Direct Title has caused an overpayment on Block 16 Lot 12.09, and WHEREAS, Direct Title has requested a refund check be issued to the property owners, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Committee authorize the Tax Collector to refund the sum of $ 1,677.30 to Duane and Elizabeth Daken,12 Copperfield Dr., Washington, NJ 07882. On Motion by and seconded by the aforenoted Resolution 2003-54 be adopted as read. Mayor Riggs (5) Yes Motion carried Dated: June 9, 2003 Resolution 2003-55 WHEREAS, a tax payment was made on Block 17 Lot 24 for the second quarter of 2003 by the property owners previous mortgage company, and WHEREAS, the second quarter had already been paid by the property owners new mortgage company, and and WHEREAS, the second payment made has caused an overpayment on Block 17 Lot 24, WHEREAS, the property owners have requested a refund check be issued to them, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Committee authorize the Tax Collector to refund the sum of $ 1,008.25 to Michael and Charlene Barry, FOB 502, Broadway, NJ 08808. On motion by and seconded by the aforenoted Resolution 2003-55 be adopted as read. 3
Mayor Riggs (5) Yes Motion carried Dated: June 9, 2003 Kober s Junkyard Renewal License Application was reviewed by township attorney and on motion by and seconded by. Mayor Riggs (5) Yes Motion carried Franklin Realty to Township of Franklin needs to be put on the July Agenda for discussion, Engineer and Attorney need to go over Deed Description. Third Street Drainage Problem, Nevitt has reviewed and made necessary phone calls to notify residence that this would be on this agenda. Jack Amey and Joan Ward were present and voiced their concerns to the committee. Concerns of winter time ice and flooding. How will children be able to cross this area of the road when the water flows through like a river. Per Mayor Riggs Department of Public Works will clean the pipe out as best as they can and to get the Fire Company to assist if needed. Municipal Parking Lot Expansion three bids were received and a special meeting to open the bids was held on 5/15/03. Warren Materials $184,361.25 Owl Contracting $168,168.00 Inter County Paving $214,441.00 Discussion broke out due to the bids being higher than estimated. If we didn t move the sign and plant trees later would be closer to estimate and bring the revised bid price to $154,718.00. Subject to Attorney approval and per Nevitt s review recommends that we accept Owl Contracting s Bid with the removal of the two items. On motion by and seconded by. Mayor Riggs (5) Yes Motion carried Discussion on the fire extinguishers which were recently serviced by Absolute, Continental recently purchased assets and a letter was sent to us stating that they may not have complied with Department of Transportation Regulations. Consensus of the committee there was no need to take any action at this time. Committeeman Ferguson will have a gentleman that comes into Cherrybrook to come out and review our Fire and Sprinkler System. A letter was received to support COAH (small cities housing) and to endorse application by the Mayor. Clerk will forward letter signed by Mayor Riggs. On Motion by and seconded by. Mayor Riggs (5) Yes Motion carried In reference to the Additional Optional Excess Liability Limits, Statewide mailed a copy of the Resolution to join the fund since we elected NOT to purchase this additional coverage. Committee still feels not needed, no further action required at this time. Attorney Broscious Office has been working on our Over time and vacation policy. Mayor Riggs gave a brief synopsis on what the policy reads now. Committee will have a workshop to sort out the policy and review the draft. 4
Grit shed at the Department of Public Works garage has no shingles on the roof. Jim and Glen from the road department briefed the committee. Clerk will obtain 3 quotes to see how much it will cost to fix. Ask for a 20 year basic shingle. Clerk was approached by Franklin Fire Company if they could obtain additional Spring Clean Up Passes to clean up the fire house. Per our policy, each member receives an additional free pass. Consensus of the committee to give whatever is needed. Just a note that a Group Affidavit was prepared by the CFO and filed with the Division of Local Government Services. Engineer s Report 1. Rocky Brook I - (Mike Lynch) Monument Certification, As-Built Drawings, Deeds of Dedication, any outstanding Punchlist items No change on outstanding dedication items Our office has a meeting set for June 4, 2003 with Mike Lynch; he is willing to complete the punchlist items. The Township DPW repaired sinkhole; Township to back charge Mr. Lynch. 2. Rocky Brook II (Epstein) Additional sinkholes recently discovered have been repaired by Mr. Epstein with our office overseeing remediation 3. Asbury-Broadway Pedestrian Improvements A sinkhole was discovered between the sidewalk and curb across from the school. Our office is coordinating with the contractor to remediate same. 4. Millbrook Road ROW Committee has requested appraisals on the ROW acquisition 5. Archive Systems Owner requested a Temporary Certificate of Approval w/conditions Owner will be submitting Amended Site Plan Approval and Preliminary and Final Site Plan Approval to the LUB. Developer s attorney has sent correspondence regarding dedication of property to the Township 6. Municipal Parking Lot Three bids received Project would be over budget according to the received bids Refer to separate memorandum on evaluation of project 7. Tax Map Revisions and Tax Map Certification Revisions Additional revisions completed as a result of review of the tax maps by Eloise Hagaman Revised Tax Maps sent to the State for final review May 28, 2003 8. 2004 Municipal Aid Trust Fund Applications Roadway improvement applications should be ready for passage of supporting resolutions for the June Committee Meeting. Our office shall coordinate with Denise on the resolutions. 9. Copperfields Sinkholes Sinkholes have been remediated and the pavement has been repaired by the Department of Public Works 10. Green Acres Recreational Facilities Grant Application We are waiting for direction for location and type of facilities to include within this application. 5
The grant application is due by June however, it is our understanding that an application can be submitted at any time within the year. Although according to the State, the earlier an application is submitted the better the chances of being funded. Pending Stormwater Management Regulations Included as a reminder: The State is currently in the process of adopting new regulations governing stormwater management. These regulations will impact the design and review of new/proposed detention basins. However, more importantly, they will also greatly impact each municipality s current level of stormwater management system maintenance and existing system inventory. The regulations breakdown municipalities into two tiers: Tier A and Tier B. Franklin Township is designated as a Tier B municipality which will require less stringent compliance requirements. Since these regulations have not been adopted to date, the Township does not need to begin any sort of implementation program at this time. However, since these regulations are scheduled to be effective within the next few months, the Township should be both aware and prepared to begin the process of compliance. Mike and I have attended seminars regarding these new regulations. Originally the regulations were to be implemented by March 10, 2003 however, the deadline has been moved to the first week of June. We will continue to advise the Committee as more information is available. 11. Third Street Drainage Problem Our office has inspected the site. Our office is in receipt of the past documentation sent by Denise Cicerelle. We will be in a position to further discuss the situation at the upcoming Committee Meeting Department of Transportation Application 2004, Millbrook Road not a strong app to submit per Nevitt and suggested priority #1 to be Willow Grove Rd. Committeeman Ferguson feels that Millbrook is the priority over Willow Grove. On motion by and seconded by to file Department of Transportation Grant for Millbrook Rd. Mayor Riggs (4) Yes (1) Abstained Motion carried Obtain an appraisal from Doug Daschne.?????? Committeeman Sigler asked Nevitt for a Ferry Update. Nevitt doesn t believe that the pipe has been gotten yet and will get in contact with him. School sinkholes in the driveway are the responsibility of the regional contractor. Nevitt will meet with Mr. Lynch tomorrow. Attorney Update: 1. Lot 45 Block 63 - Abandon property - sent out to title search - first step is tax foreclosure - need to search title and notify last recorded owner prior to foreclosure. (Somewhat lengthy process - still out at title search). 2. Asbury Fire Tanker - All parties have hired local counsel. We have been in contact with everyone. Anticipate a Motion by S&S Apparatus to attempt to remove the case to Indiana, Waiting on Answers and anticipated Motion. 6
3. Overtime Policy - New policy for Franklin Township regarding overtime, vacation time, and sick time. 4. Van Veldhuisen - A developer s Agreement has been worked since last meeting. As of this week, Alan Lowcher, Attorney for Mr. Van Veldhuisen, has the draft of the Agreement and is overlooking it. We are waiting to here back from him with any comments. 5. Underage Smokers Penalty - Pursuant to N.J.S.A. 2C:33-13.l, a person sells or gives to a person under 18 years of age any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco, is punished by a fine as provided in petty disorderly persons offense, unless they have established one of the defenses established herein. Pursuant to N.J.S.A. 2A: 170-51.4, no person, either directly or indirectly by an ajent or employee, or by a vending machine owed by the person or located in the person s establishment shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, give or furnish, to a person under 18 years of age, any cigarettes made of tobacco or of any other matter or substance which can be smoked, or nay cigarette paper or tobacco in any form, including smokeless tobacco. There is no law that specifies a violation for underage possession of tobacco. It i~ possible that the Township could pass an ordinance on the issue, but the penalty cc,uld only be civil infraction. * Attorney Zaiter noted that this item will be deleted from his update, per committee no action is required. 6. Rocky Brook I - As of the last meeting, we have only received one Answer to the Rocky Brook Complaint. Attorney Michael Lavery represents Michael Lynch, Eileen Lynch, John Lynch and Barbara Lynch. Recently spoken with Mr. Lavery rc:garding the Bryan Realty Associates and he indicated that he would be filing an Amended Answer on behalf of the four individuals and Bryan Realty Associates. He indicated that Mr. Lynch would like to work things out and Mr. Lynch and Mr. Duveneck were scheduled to meet on Wednesday, June 4, 2003. The meeting was cancelled due to the weather, A letter has been sent to Mr. Lavery requesting that Mr. Lynch place $4,000 in an escrow account before any meetings or negotiations take place. At this time, they are in agreement. We will not dismiss the Complaint until all the work is final. However, negotiations are moving along. 7. Ayres Estate - Having a difficult time with clerk in Trenton on the file. Same bureaucratic nightmare as the Municipal Building. However, its still progressing. *Attorney Zaiter noted that Trenton has different procedures to file and had a difficult time with the Clerk. 8. Society of Jesus Christ - Variance that was granted to the Society is now expired. Letter went out to Mayor Riggs and James Onembo. Conversation ensued between Mayor Riggs and Karin Stoffels in reference to property on Beidleman Road has a $104,000 tax lien and a buyer is interested. Can we do without the interest and foreclose on this and sell it? Attorney Zaiter will speak with Karin Stoffels on the way out. Roger Bulava briefed the committee in reference to Clean Up. Also a letter was received on the CAN System from Dave Burd. Test made 5000 calls, 67% of calls delivered. If a real emergency 3 calls would be attempted. In the process of removing the sirens. Committeeman Ferguson is stewing on the removal of the sirens. Express Times and the Gazette need to be exposed to this that maybe a message will be sent not to remove the sirens, use as a backup. Jim Onembo, Speedex Realty summonses need to work with Attorney Zaiter to review Ordinance. Sigler s Pit, Clerk to retrieve the file and review with Mayor Riggs. 7
Mayor Riggs touched base on Auction, June 21 st. 9:00 11:30 equipment review at the Road Garage, noon the auction will be held at the Municipal Building. Clerk will look for Titles. Jeff Julian briefed the committee on the fields/driveway in Asbury. David Mininni donated 7 truck loads of materials. Clerk will send a letter of appreciation to him. Jeff to obtain address to send letter. On motion by and seconded by to pay the bills. Unanimous Vote. (note: Mr. Ziegler, Mr. Adams voted yes, yet did not sign off on attorney s bill.) On motion by and seconded by to adjourn the meeting at 8:56 pm. Unanimous Vote. Respectfully submitted, Denise L. Cicerelle, RMC Municipal Clerk 8
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