TOWNSHIP COMMITTEE
OCTOBER 10, 2006 MINUTES
The Tewksbury Township Committee met in a regular session at on the above date at the Municipal Building, Mountainville, NJ.
The meeting was called to order at 8:00 PM, roll call held and a quorum established.
Mayor William J. Voyce presided.
Other officials in attendance were Township Committee members, Dianne Clarke-Kudless, Thomas G. Kenyon, George Tauber and Shaun Van Doren.
Jesse Landon, Township Administrator and Roberta Brassard, Municipal Clerk were in attendance.
Township Professionals in attendance were Judith Kopen, Township Attorney and Andrew Holt, Township Engineer.
There were approximately four members of the public in attendance.
1. Open Public Meetings Statement
The Open Public Meetings Statement was read by Mayor Voyce.
2. Flag Salute
Those present stood and pledged allegiance to the American flag.
3. Correspondence
The Correspondence List is attached to the minutes.
Mr. Van Doren requested that item “r” be copied to the Township Attorney. Discussion followed concerning this item.
Discussion followed concerning a letter that was received from the Board of Education’s (BOE) attorney regarding the buffer area around a school related to hunting. It was stated that the BOE should put their desires in writing to the Township Committee so that appropriate action could be taken.
4. Public Participation
David Barnes noted that Donald Storms’ cows had given birth to four calves.
5. Actions to be taken
Ø Ordinance Introduction
Dr. Clarke-Kudless moved to introduce Ordinance #17-2006, seconded by Mr. Tauber.
Discussion followed concerning the naming of the roads on the Bartles property.
Mr. Van Doren made a motion to name the main road onto the Bartles property “Bartles Farm Lane” and the T intersection road “Fisher Road”, seconded by Dr. Clarke-Kudless. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
Dr. Clarke-Kudless amended the initial motion to include the naming of roads as per the above noted motion for Ordinance #17-2006, seconded by Mr. Tauber. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
The Public Hearing is scheduled for 11/9/06 at 8:00 PM in the Mountainville Meeting Hall.
ORDINANCE NO. 17-2006
TOWNSHIP OF TEWKSBURY
COUNTY OF HUNTERDON
STATE OF NEW JERSEY
AN ORDINANCE MAKING THE PROVISIONS OF SUBTITLE ONE OF TITLE 39 WITH VARIOUS TRAFFIC REGULATIONS APPLICABLE TO THE OLDWICK FIRE COMPANY AND REGULATING THE USE OF SAID ROADWAYS, STREETS, DRIVEWAYS AND PARKING LOTS BY MOTOR VEHICLES
# # #
Dr. Clarke-Kudless moved to introduce Ordinance #18-2006, seconded by Mr. Van Doren. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
The Public Hearing is scheduled for 11/9/06 at 8:00 PM in the Mountainville Meeting Hall.
TOWNSHIP OF TEWKSBURY
ORDINANCE #18-2006
AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF TEWKSBURY BY REVISING CERTAIN PROVISIONS OF CHAPTER 8.12, ENTITLED “SMOKE SENSITIVE ALARM DEVICES”
# # #
Mr. Van Doren moved to introduce Ordinance #19-2006, seconded by Dr, Clarke-Kudless. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
The Public Hearing is scheduled for 11/9/06 at 8:00 PM in the Mountainville Meeting Hall.
TOWNSHIP OF TEWKSBURY
ORDINANCE #19-2006
AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF TEWKSBURY BY REVISING CERTAIN PROVISIONS OF CHAPTER 8.16, ENTITLED “FIRE PREVENTION”
# # #
Mr. Van Doren moved to introduce Ordinance #20-2006, seconded by Dr. Clarke-Kudless. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
The Public Hearing is scheduled for 11/9/06 at 8:00 PM in the Mountainville Meeting Hall.
ORDINANCE NO. 20-2006
TOWNSHIP OF TEWKSBURY
COUNTY OF HUNTERDON
STATE OF NEW JERSEY
AN ORDINANCE AMENDING CHAPTER 15.10 “AFFORDABLE
HOUSING DEVELOPMENT FEE”
# # #
Ø Consent Agenda
Mr. Tauber moved adoption of the Consent Agenda, seconded by Mr. Van Doren. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.
RESOLUTION #130-2006
TO ACKNOWLEDGE RECEIPT OF A DONATION TO THE DEPARTMENT OF PUBLIC WORKS
WHEREAS, a donation of $350.00 was made to the Department of Public Works of the Township of Tewksbury by A.M. Best Company in a check dated 09/28/06.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that this donation has been acknowledged and deposited in the appropriate account of the Township of Tewksbury.
______
William J. Voyce
Mayor
RESOLUTION #131-2006
CHAPTER 159
TO ACCEPT FUNDS FROM STATE DEPARTMENT OF THE TREASURY
WHEREAS, NJSA 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the Budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and
WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and
WHEREAS, the Township of Tewksbury has received $1,276.50 from the State Department of the Treasury and wishes to amend its 2006 Budget to include this amount as a revenue.
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the Budget of the year 2006 in the sum of $1,276.50 which is now available as a revenue from:
Revenues – State Department of the Treasury
BE IT FURTHER RESOLVED, that the Clerk forward one (1) copy of this Resolution to the Director of the Division of Local Government Services.
______
William J. Voyce
Mayor
RESOLUTION # 132-2006
SUPPORT FOR RELIEF FROM THE CAP LAW
WHEREAS, since their institution in 1977 as part of the package of bills establishing the Property Tax Relief Fund, funded by New Jersey’s first Income Tax, the artificial limits on local budgetary discretion contained in the local government cap law have, repeatedly, proved to be unworkable and in need of amendment in times of fiscal stress; and
WHEREAS, the latest amendments to the cap law were enacted in 2004 as part of the FAIR Plan, which was supposed to provide short term property tax relief and produce long term property tax reform, the cap amendments being a part of the short term relief component; and
WHEREAS, those 2004 amendments drastically lowered the cap, eliminated important exceptions to the cap and severely limited the use of ‘cap banking,’ which is crucial to municipal intermediate range budgetary planning; and
WHEREAS, despite the recommendations of the Governor’s Blue Ribbon Property Tax Convention Task Force and despite the energetic efforts of a core of concerned and committed legislators and the outspoken support of a large and growing coalition of citizens’ public interest groups, the Legislature has, to date, failed to advance the cause of property tax reform, continuing decades of inattention to a problem that a majority of our fellow citizens consistently identify as their greatest public policy concern; and
WHEREAS, instead, State policy makers have consistently under-funded, cut and eliminated crucial municipal property tax relief programs, thereby exacerbating the property tax crisis and making it increasingly difficult for municipal budget makers to meet the needs and honor the wishes of local property taxpayers and to deal with current fiscal stresses over which they have no control; and
WHEREAS, in recognition of these serious issues, legislation has been introduced to provide appropriate flexibility to help local budget makers better meet citizen needs for high quality public programs and services; and
WHEREAS, in order to do so, the bills (A-3444/S-2183) would: first, make permanent the temporary cap exception for costs of domestic security preparedness and responses to incidents and threats to domestic security; second, make permanent the temporary cap exception for liability insurance, workers' compensation insurance and employee group insurance; and finally, provide an exception from the county and municipal local budget cap for appropriations for the costs of goods and services, including wage and salary increases that are required under contracts entered into prior to July 7, 2004, the effective date of P.L.2004, c.74, the statute that reduced the local budget cap limits to the lesser of 2.5% or the consumer price index; and
WHEREAS, while extremely beneficial for rational effective budgetary planning, the ‘cap banking’ problems created by the 2004 amendments will pose lasting and growing problems for municipalities trying to prepare for unanticipated exigencies and immanent needs;
NOW, THEREFORE BE IT RESOLVED, that the governing body of the Township of Tewksbury does fully support and urge swift and favorable action on A-3444/S-2183; and
BE IT FURTHER RESOLVED, that we do respectfully request an amendment to the bill to restore ‘cap banking’ to its previous status, as it existed prior to the 2004 amendments; and
BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the 23rd and 24th legislative delegations and to the New Jersey League of Municipalities.
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William J. Voyce
Mayor
RESOLUTION #133-2006
TAX REFUND
BE IT RESOLVED, by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that the Chief Financial Officer is hereby authorized to make the following payments for the refund of tax.
Block Lot Name Year Amount
51 85.03 Bank of America 2006 5,640.88
______
William J. Voyce
Mayor
RESOLUTION #134-2006
REDEMPTION OF A TAX SALE CERTIFICATE
BE IT RESOLVED, by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that the CFO is hereby authorized to make the following payment for the redemption of a tax sale certificate.
Block 39 Lot 28 James Pilewski cert # 04-02 47,260.23
346 South Ave
Fanwood, NJ 07023
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William J. Voyce
Mayor
MISCELLANEOUS
· Claims as submitted by the CFO
· Minutes of 09/26/06
· Executive Session Minutes of 09/26/06
6. Reports
Township Committee Sub Committee
· Planning/Land Use
Mr. Van Doren noted a recent article regarding regulations of zoning restrictions for purely aesthetic reasons. A copy of the article will be distributed to the Township Attorney.
Additional note was made regarding the Construction Official’s report for September of 2006 with reference to single family dwellings.
He added that he and Mr. Kenyon will review the material presented by the Scenic Roads Commission at a later meeting.
· Community Affairs
Dr. Clarke-Kudless noted the success of the website’s soft launch.
The recognition of the visitors from Tewkesbury, England will take place at the 10/24/06 Township Committee meeting.
Public Safety /Education
Mayor Voyce noted the meeting held regarding class size at the Tewksbury schools, adding that the School Board is planning a series of programs for the general public.
An OEM drill is scheduled for 10/19/06 at the Fairmount North athletic field.
· Planning/Land Use (additional)
Mr. Van Doren noted that the proposed Lighting Ordinance should be placed on the 10/24/06 work session agenda for discussion.
· Community Affairs (additional)
Dr. Clarke-Kudless noted the welcome event that was held recently. Eight new residents were in attendance. It was added that two of the attendees expressed an interested in serving on Township boards.
· Township Attorney
Mrs. Kopen noted that the process of reconstruction of the drive into the Oldwick Community Center (OCC) is ongoing and letters have been sent to the property owner and an adjoining property owner.
Mr. Van Doren stated that he had heard that a letter had been sent to the Library Board from the OCC offering them the building for $1.00.
· Township Engineer
Mr. Holt noted that the work on Boulder Hill Road is underway and should be completed by next week.
Work on the Bartles property is underway although the well work has been slightly delayed due to the need for additional monitoring.
Phase Two site work on the Bartles property is underway with the contractor, Brian Plushanski Construction (BRC). BPC will also be doing electrical work on the site.
2006 drainage improvements are ongoing and should be completed within 2-3 weeks.
Turf establishment at the Christie Hoffman Field is favorable.
A meeting will be held on 10/23/06 to discuss the Oldwick sidewalk plans.
An Ordinance to accept Tiger Drive should be ready to place on the agenda for introduction on 11/09/06.
Work on Califon-Cokesbury Road should commence later in October. A pre-construction meeting is scheduled for 10/17/06.
In response to a question by Mr. Van Doren, Mr. Holt stated that a letter had been sent to the owner of the property adjoining the Bartles property regarding moving an existing fence.
· Township Administrator
Dr. Clarke-Kudless was recused from the following discussion.
Mr. Landon stated that he spoke with Dr. Clarke-Kudless regarding reimbursement for expenses expended at the Sister’s City Conference held in Washington, D.C..
Mr. Van Doren stated that the bills should not be paid as the amount was not budgeted.
General discussion followed concerning the fact that an award was received honoring the Township.
Mr. Tauber stated that the Township should pay for the “hard costs” – transportation and registration. It was noted that the Township has a policy that meals are reimbursable, although, it was noted that rarely does anyone submit for reimbursement.
Mayor Voyce agreed that the bills should be reimbursed for transportation and registration.
Mr. Kenyon made a motion that the two bills should be placed on the next bill list for payment, seconded by Mr. Tauber. A roll call vote was taken and the motion was adopted. Ayes: Kenyon, Tauber, Voyce. Nays: Van Doren. Recused: Clarke-Kudless.
Dr. Clarke-Kudless returned to the meeting at this time.
Additional comments were made regarding the above noted discussion.
In response to a statement by Mr. Landon, Mr. Van Doren and Mr. Tauber agreed to serve on the PBA negotiating team.
7. Township Committee Comments
Mr. Tauber noted that the website is much improved, adding that he would like to see a map of the voting districts included.
He questioned if information regarding the special meeting to discuss sidewalks in Oldwick should be included on the web site.