This Month's Minutes ATFD March Report PAGE 2012-14 MINUTES OF THE REGULAR MEETING OF THE ALLAMUCHY TOWNSHIP COUNCIL HELD MARCH 20, 2012 AT 7:00 P.M.
1. The meeting was called to order at 7:00 P.M. by Mayor Schultheis.
2. Mayor Schultheis advised that this meeting was held in accordance with the Open Public
Meetings Act as prescribed by State Statute which was followed by the Pledge of Allegiance. 3. Present: Mayor Schultheis, Councilwoman Cook, Councilman Ochwat, Councilman Sloane
and Councilman Young. 4. APPROVAL OF MINUTES: a. Regular Meeting February 21, 2012 as submitted. Motion by Councilman Sloane, seconded by Councilman Young, and approved on roll
call vote: AYES Councilpersons Sloane, Young and Mayor Schultheis; ABSTAIN
Councilman Ochwat; ABSENT Councilwoman Cook. 5. INTRODUCTION OF THE 2012 MUNICIPAL BUDGET: a. Self Examination Resolution (ATTACHMENT 1). Motion by Councilman Sloane, seconded by Councilman Young, and approved on roll
call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor Schultheis;
ABSENT Councilwoman Cook. b. Ordinance # 2012-05 "CALENDAR YEAR 2012 - ORDINANCE TO EXCEED
THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-
45.14)." Motion by Councilman Sloane, seconded by Councilman Ochwat, carried to introduce
Ordinance # 2012-05 on first reading. John Mooney, Nisivoccia and Company, was present and stated that this ordinance
establishes two things: the Cost of Living Adjustment in the 2012 Municipal Budget and
it establishes CAP banking. The CAP banking is rolled over for two years and allows
the Township to use this money if the CAP needs to be exceeded. This money is
considered a cushion for going forward. Roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor Schultheis;
ABSENT Councilwoman Cook.
Second reading to take place on April 18, 2012 at 7:00 P.M. PAGE 2012-15 c. Introduction of the 2012 Municipal Budget Isobel Weil, Panther Valley, was present and questioned if money was appropriated
for administration costs for the playground. Mayor Schultheis advised that there is money in the budget in the amount of $3,000.00. Ms. Weil stated that the amount of outstanding debt is $14,000,000.00. She questioned
what debt is included in this figure. Mr. Mooney stated that this debt is a combination of general improvement bonds,
infrastructure or New Jersey Green Trust Loans payable (open space) and bond
anticipation notes for various projects such as the acquisition of The Village of Old
Farm units and improvements to the firehouse. Matt Begley, General Manager (PVPOA), was present and questioned the increase of
revenue of 12% from taxes. Mayor Schultheis advised that the CAP does not apply to debt and the Township is
increasing the amount being paid down on the debt. Mr. Begley questioned what the miscellaneous revenue is under the Water and Sewer
budget. Mayor Schultheis advised that part of this figure includes hook-up fees from Baker
Residential. At this time, the Municipal Clerk read the following resolution into the record
(ATTACHMENT 2). Motion by Councilman Sloane, seconded by Councilman Young, carried to introduce
the 2012 Municipal Budget. Roll call vote: AYES Councilpersons Sloane, Ochwat,
Young and Mayor Schultheis; ABSENT Councilwoman Cook. Public hearing and adoption is scheduled for April 18, 2012 at 7:00 P.M. 6. MAYORS REPORT: a. Mayor Schultheis stated that Rutherfurd Hall is seeking approval from the Township
for a Fireworks Permit for July 3, 2012 . The Mayor requested that the
Township endorse the permit request subject to insurance coverage and naming the
Township as additional insured. Motion by Councilman Sloane, seconded by Councilman Ochwat, and approved
on roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook. Mayor Schultheis advised that there will not be any costs to the Township for this
event.
PAGE 2012-16 b. Mayor Schultheis stated that she would like to form an Ad-Hoc Committee to look
into the creation of a Historic District. There are grants available to assist with
the creation of an historic district. Mayor Schultheis appointed the following individuals to serve on the Ad-Hoc
Committee: Frank Gibbs, Susan Stuy, Kurt Derick and Councilman Young as liaison
to the Township Council. The purpose of this committee is to do a study to see if it is
feasible to create a historic district. 7. APPROVAL OF ENGINEERS REPORT/ACTION LIST: a. Water Main Replacement Project Approve Partial Payment No. 9 to P.M.
Construction in the amount of $59,193.57. Motion by Councilman Young, seconded by Councilman Ochwat, and approved
on roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook. b. Water Main Replacement Project - Grant Extension of Time to P.M. Construction to
May 2, 2012 to complete the project. Motion by Councilman Young, seconded by Councilman Sloane, and approved
on roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook. Councilman Ochwat advised that there was a great deal of discussion held on road
repairs and improvements. The Road Committee is meeting with the Chief Financial
Officer to prioritize these projects. 8. ATTORNEYS REPORT: a. Rutherfurd Hall Grant Agreement Attorney Wacks stated that he had reviewed the
grant agreement and there are some concerns that need to be addressed. The way the
grant is written right now there are a number of items in the agreement that obligate
the Township in getting things done. There needs to be a nexus between the
Township Council and the Board of Education. Attorney Wacks stated that he will be meeting with the Board of Education attorney
and a form of agreement needs to be done. He advised that he is not in a position
to have the Township Council sign off on this contract at this meeting. Councilman Sloane stated that he had concerns regarding the approval of vouchers
and how the payments will be made. Attorney Wacks stated\that he will have a form of agreement at the April workshop
meeting for the Township Council to review. b. Attorney Wacks stated that Councilwoman Cook is still awaiting clearance from her
company. He advised that a date needs to be provided to the Township Council
that all the compliance requirements will be in place before she could become a
voting member.
PAGE 2012-17
Councilwoman Cook stated that she feels that by the next workshop meeting
she would have the information for the Township Council. c. Attorney Wacks advised that there is an Ordinance for introduction amending
the Special Municipal Services District Ordinance. A resolution approving the
SMSD budget was also prepared for adoption at this meeting. d. Attorney Wacks stated that the Township Council will be presented with a
resolution to deed restrict the Baker Residential units (Village of Mountainside)
for a period of thirty years. This will authorize the Mayor and Municipal Clerk to
sign the agreements. e. Attorney Wacks stated that he had prepared a letter to George Russo, Alarms Plus,
requesting the panel code for the fire alarm system. This code is necessary so
the system could be tested by the monitoring company. Attorney Wacks advised that a letter was sent to Baker Residential regarding the
violation of the developers agreement between the Township and Baker
Residential. Baker failed to repair the damage to the back gate and the roadway.
Representatives of Baker Residential will be meeting with the Municipal Engineer
and full cooperation is expected.
f. Attorney Wacks stated that he was satisfied with the request from Howard Spear
regarding the performance and maintenance bond request reduction The Township
Council could consider this request under Resolutions. g. Attorney Wacks stated that he will need an executive session to discuss the COAH
litigation. 9. PUBLIC SESSION: a. Betty Drake, Shades of Death Road, questioned what part of Shades of Death
Road was going to be completed. The Township Council advised Section 2 which is the section before the
last section completed. b. Isobel Weil stated that she would like a written reply to her request dated March
13,2012 regarding a financial commitment in the amount of $30,000.00 to the
Playground Committee.
10. ORDINANCES FIRST EADING:
a. # 2012-03 "AN ORDINANCE CONCERNING SALARIES, VACATIONS,
AND HOLIDAYS, AND OTHER WORK CONDITIONS FOR
OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF
ALLAMUCHY, WARREN COUNTY, STATE OF NEW
JERSEY."
Motion by Councilwoman Sloane, seconded by Councilman Ochwat, carried to
introduce Ordinance # 2012-03 on first reading.
PAGE 2012-18 Councilman Ochwat questioned if the salary increase is across the board of
based on performance. The Municipal Clerk advised that salary increases were always across the board.
Roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook. Second reading to take place on April 18, 2012. b. # 2012-04 "AN ORDINANCE TO AMEND ORDINANCE 2010-13
ENTITLED AN ORDINANCE TO AMEND IN ITS ENTIRETY
ORDINANCE 2007-03 OF THE CODE OF ORDINANCES OF
THE TOWNSHIP OF ALLAMUCHY AN ORDINANCE
PURSUANT TO ORDER OF THE SUPERIOR COURT OF
NEW JERSEY CREATING SPECIAL MUNICIPAL SERVICES
DISTRICTS." Attorney Wacks advised that this ordinance amends the current SMSD ordinance
by removing the Eaglet Glen residents. These residents will still be assessed for
town wide services but not under Special Municipal Services District. Motion by Councilman Sloane, seconded by Councilman Ochwat, and approved on
roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook.
11. ORDINANCES SECOND READING: a. # 2012-01 "BOND ORDINANCE AUTHORIZING THE APPROPRIATION
OF A SUM NOT TO EXCEED $3,115,000 AND AUTHORIZING
THE ISSUANCE OF REFUNDING BONDS AND/OR NOTES
OF THE TOWNSHIP OF ALLAMUCHY, IN THE PRINCIPAL
AMOUNT NOT TO EXCEED $3,115,000, TO REFUND, IN
FULL OR IN PART, THE OUTSTANDING BALANCE OF
GENERAL IMPROVEMENT BONDS, SERIES 2004A OF THE
TOWNSHIP TO REDEEM IN FULL OR IN PART SUCH
OUTSTANDING BALANCE AND TO FINANCE THE COSTS
OF ISSUANCE OF SUCH REFUNDING BONDS ON BEHALF
OF THE TOWNSHIP AND TO PROVIDE FOR THE
ISSUANCE OF SUCH REFUNDING BONDS
Motion by Councilman Sloane, seconded by Councilman Ochwat, carried to adopt
Ordinance # 2012-01 on second reading. At this time, the meeting was opened to the public. Lynne Kramer, Panther Valley, was present and questioned what bond refunding
meant. PAGE 2012-19
Attorney Wacks advised that the refunding ordinance is like refinancing the
mortgage on a house. The purpose of this ordinance is to refund or refinance the
bonds at a lower rate.
Roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook.
b. # 2012-02 - "BOND ORDINANCE APPROPRIATING $250,000 AND
AUTHORIZING THE ISSUANCE OF $237,500 OF BONDS
AND/OR BOND ANTICIPATION NOTES FOR THE PURPOSE
OF IMPROVEMENTS TO SHADES OF DEATH ROAD, PHASE
II, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE
TOWNSHIP OF ALLAMUCHY, IN THE COUNTY OF
WARREN, NEW JERSEY."
Motion by Councilman Sloane, seconded by Councilman Young, carried to
adopt Ordinance # 2012-02 on second reading. At this time, the meeting was opened to the public. Ms. Kramer, Panther Valley, questioned if this bond was included in the outstanding
debt. The Municipal Clerk advised that the ordinance was not adopted so it could not be
included in the outstanding debt figure. Councilman Ochwat stated that over the last eight or ten years state grant money
was used for road improvements. In some cases if state grant money was not
received then the improvement was delayed. Councilwoman Cook advised that Catswamp Road from Bountiful Drive to Route
517 was done in 2010 and it cost $267,000.00 - $100,000 was authorized by the
New Jersey Department of Transportation in the form of a grant. Attorney Wacks stated that the Township authorizes the debt and a bond note
is used to borrow the money needed. The Township is not obligated to sell the
bond until ten years after the whole process starts. The bonds are retired by
paying off the notes. Isobel Weill questioned if it cost additional money to pay the debt off early. Attorney Wacks stated that there is no penalty for paying debt off early. There is a
lot of expense when the Township actually goes to out to bond. Ms. Weill questioned why the Township does not reserve for these items instead of
bonding. Mayor Schultheis advised that taxes would need to be raised if the Township
has to place money in reserves, Ms. Weill stated that it still may be cheaper than bonding.
PAGE 2012-20 Attorney Wacks advised that the bond rates are good right now. Bonding keeps the
costs to the taxpayers down. Ms. Weill stated that Panther Valley places money in reserves but that is a private
community. There being no further comments, the public session was closed. Roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook. 12. RESOLUTIONS: a. Approval of Raffle Applications Medhen Orphan Relief Effort Event to be
held May 15, 2012 at the Panther Valley Golf and Country Club.
b. Execute Baker Residential Deed Restrictions (ATTACHMENT 3).
c. Opposition to Senate Bill 1451 OPRA Requirements (ATTACHMENT 4).
d. Carco Performance and Maintenance Bond Adjustment Sections 2 and 3
(ATTACHMENT 5).
Motion by Councilman Ochwat, seconded by Councilman Sloane, and approved on
roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook. e. Approval of Transfers (ATTACHMENT 6). Motion by Councilman Sloane, seconded by Councilman Ochwat, and approved on
roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor Schultheis;
ABSENT Councilwoman Cook. f. Approval of the Special Municipal Services District Budget (ATTACHMENT 7). Motion by Councilman Young, seconded by Councilman Ochwat, and approved on
roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor Schultheis;
ABSENT Councilwoman Cook. Councilman Ochwat stated that the budgets from all the various Villages were received
this year and are all included in the SMSD Budget. 13. OTHER/NEW BUSINESS: a. Approve Proposal Spirit of the Arts Foundation Vendors for the Harvest
Festival
b. Approval of New Fireman Application Corbin Rees, Sandpiper Drive, Allamuchy,
N.J.
c. Municipal and Charitable Conservancy Trust Appointment Charles Fineran with a
term expiring 12/31/2012.
Motion by Councilman Sloane, seconded by Councilman Young, and approved on
roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilman Cook.
PAGE 2012-21
14. APPROVAL OF BILL LIST AND ADD-ON LIST (ATTACHMENT 8).
Motion by Councilman Sloane, seconded by Councilman Young, and approved on
roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor Schultheis;
ABSENT Councilwoman Cook. 15. EXECUTIVE SESSION (ATTACHMENT 9).
Motion by Councilman Sloane, seconded by Councilman Young, carried to go into
executive session at 8:10 p.m. Roll call vote: AYES Councilpersons Sloane,
Ochwat, Young and Mayor Schultheis; ABSENT Councilwoman Cook. 16. Motion by Councilman Sloane, seconded by Councilman Young, carried to go out of
executive session at 8:30 P.M. Roll call vote: AYES Councilpersons Sloane,
Ochwat, Young and Mayor Schultheis; ABSENT Councilwoman Cook.
17. Mayor Schultheis stated that she would like to revoke the policy, if a policy
exists , to not have any overtime paid to Mr. Saccaro in the absence of Mr. Cutler or
if Mr. Cutler is unable to do inspections. Motion by Councilman Sloane, seconded by Councilman Young, carried to concur
with Mayor Schultheiss request. Roll call vote: AYES Councilpersons
Sloane, Ochwat, Young and Mayor Schultheis; ABSENT Councilwoman Cook.
18. ADJOURNMENT 8:40 P.M. Motion by Councilman Sloane, seconded by Council Ochwat, carried to adjourn at 8:40
P.M. Roll call vote: AYES Councilpersons Sloane, Ochwat, Young and Mayor
Schultheis; ABSENT Councilwoman Cook.
Respectfully Submitted,
Anne Marie Tracy, Municipal Clerk
Betty L. Schultheis, Mayor
|
