October Minutes

This Month's Minutes

ATF Report -- October 2011

 
                                                                                                         PAGE 2011-42
 
 
 
MINUTES  OF THE REGULAR MEETING OF THE ALLAMUCHY TOWNSHIP COUNCIL
HELD OCTOBER 18, 2011 AT 7:00 P.M.
 
 
1. The meeting was called to order by Mayor Cote.
 
2. Mayor Cote 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 Cote, Councilman Ochwat, Councilwoman Schultheis, Councilman Sloane
     and Councilman Young.
 
4. APPROVAL OF MINUTES:
 
     a. Regular meeting - September 20, 2011 as submitted.
 
          Motion by Councilwoman Schultheis, seconded by Councilman Sloane, and approved on
          roll call vote: AYES - Councilpersons Sloane, Schultheis, Ochwat, and Young.  Abstain -
          Mayor Cote.
 
          
5.   Mayor's Report/Correspondence:
 
      Mayor Cote stated that he would like to thank the individuals who volunteered to serve on  
      Harvest Festival Committee. The Mayor stated that he would like to especially thank
      Councilwoman Schultheis for her efforts in coordinating this event and working with the
      different sponsors and vendors. 
 
6.   APPROVAL OF ENGINEER'S REPORT/ACTION LIST:
 
      a. Watermain Replacement Project - Approval of Partial Payment No. 5 to P.M.  
           Construction in the amount of $26,066.46.
 
      Motion by Councilwoman Schultheis, seconded by Councilman Sloane, and approved on
       roll call vote: AYES - Councilpersons Sloane, Schultheis, Ochwat, Young and Mayor Cote.
 
7.   ATTORNEY'S REPORT:
 
      a. Bowers Glen (Sections 2 and 3) - Performance Guarantee Release Request - Attorney
           Wacks advised that Mr. Carragino did agree to the amount of monies being retained and
           withheld by the Township.   The Municipal Engineer feels this was an adequate amount.
 
      b. Bowers Glen (Phases 1B and 1C) - Attorney Wacks advised that February 15, 2011 was
           the date to be considered for substantial completion. Attorney Wacks stated that Engineer
           Sterbenz agreed to the February 15th date and improvements will be reviewed before the
           bond expires which would be February, 2013.
 
      c.  Bountiful Drive Drainage Improvements - Attorney Wacks stated that he had prepared an
          easement form that could be used for the residents on Bountiful Drive. If the form is
          acceptable with Mr. Abromitis then it can be used with the other residents affected by the
          drainage improvements.
 
                                                                                                                            PAGE 2011-43
 
 
 
8. PUBLIC SESSION:
 
     a. Matt Begley, General Manager for Panther Valley Property Owner's Association was
          present and questioned the bond release for Bowers Glen. He requested a clarification
          as to which bonds were being reduced and why the reduction. 
 
          Attorney Wacks stated that Section 1B and 1C of Bowers Glen addresses the         
          maintenance bond where Section 2 and 3 of Bowers Glen is a Performance Bond          
          Reduction.
 
          Mr. Begley inquired if there were a list of items that were completed to cause the bond
          reduction for Sections 2 and 3.
 
          Attorney Wacks stated that Engineer Sterbenz prepared a report that addresses all the
          items that were completed and the items that still needed to be addressed. A copy of that
          report could be released to PVPOA.
 
          Mr. Begley stated that there are issues regarding the construction of the back gate and the
          repairs to Bald Eagle. There have been some discrepancies between Baker and PVPOA
          as to who is responsible for what repairs.
 
          Mr. Begley added that there are also issues regarding the permitting process since Bald
          Eagle intersects with Alphano Road. There are permits needed from Warren County that
          the Township Engineer is assisting with and PVPOA is trying to obtain.    
 
     b. Joseph Godlewsky, Godlewsky Farms, was present and expressed his concerns regarding
          the sediment runoff from Lake Eagle Rock. The system is not working properly as the
          runoff is causing damage to the property owners downstream.
 
          Mr. Godlewsky stated that the dam is located in Allamuchy Township and it needs to be
          addressed since it is not functioning properly. He questioned who owns Lake Eagle Rock
          and what recourse is available.
 
          Attorney Wacks stated that he has a copy of the title search. Mr. Godlewsky would have
          to bring action against the landowner. 
 
     c. Marcus Hoff, Alphano Road, was present and questioned if there were any engineering
          plans depicting the contributory waters that come into Lake Eagle Rock. The problem
          cannot be ignored as this problem will continue to affect the same people repeatedly.
 
          Attorney Wacks advised that he will provide a copy of the title search to Mr. Godlewsky.
          He stated that Mr. Godlewsky will then need to pursue this matter in a civil manner since
         the Township does not have anything to do with the ownership or maintenance of the
         Lake.
       
     d. Betty Drake, Tax Collector, advised that the Township Tax Sale will be held on October
          20, 2011 at 1:00 P.M. 
 
 
 
 
 
                                                                                                                            PAGE 2011-44
 
 
 
9. Councilman Ochwat stated that he had received a phone call from Construction Official  
     Charles Cutler expressing concerns regarding the Mountain Villa School and Rutherfurd
     Hall. The Mountain Villa School is still operating off of a temporary Certificate of Occupancy
     which will be expiring. 
 
     Councilman Ochwat stated that he had suggested to Mr. Cutler that he write a letter to the
     Board of Education advising them of this situation which Mr. Cutler has done. The other
     issue deals with the Certificate of Occupancy or lack thereof for Rutherfurd Hall.
     Mr. Cutler's concern was that there was activity taking place inside Rutherfurd Hall which
     should not be happening.
 
     Councilman Ochwat recommended to Mr. Cutler that he also take this matter up with the
     Board of Education.
 
     Councilwoman Schultheis advised that Mr. Cutler issued the permits for the activity taking    
     place at Rutherfurd Hall. He is aware of the situation.
 
     Mayor Cote stated that the Construction Official is doing his job and he is trying to get the  
     Board of Education to address certain items. It is the Board of Education's responsibility to  
     resolve the problem with Mr. Cutler and the State Department of Community Affairs.
    
     Councilman Young stated that he had received the same phone call from Mr. Cutler and     
     advised him to communicate with the Board of Education as Councilman Ochwat  
     recommended.
 
     Councilwoman Schultheis stated that she had met with Mr. Cutler regarding Rutherfurd Hall. 
     The DCA sent out a team to tell Mr. Cutler that he was in error with the interpretation of the
     Certificate of Occupancy.
 
     Mayor Cote advised that this matter is between the Construction Official, the Board of   
     Education and the State.
 
     10. RESOLUTIONS:
 
           a. Bond Anticipation Notes - Authorize Combination of several Bond Ordinances for
                Combined Sale and issuance of Bond Anticipation Notes (ATTACHMENT 1).
           b. Performance Guarantee Release Request - Bowers Glen - Sections 2 and  3    
                (ATTACHMENT 2).
           c. "BE IT RESOLVED, by the Township Council of the Township of Allamuchy, County
                of Warren, State of New Jersey, that the following tax refund is hereby
                approved - Block 701.10 Lot 70 in the amount of $4,426.60."  
           d. Performance Guarantee Release Request - Bowers Glen - Phases 1B and 1C 
                (ATTACHMENT 3).   
 
           Motion by Councilman Sloane, seconded by Councilwoman Schultheis, and approved on
ro       roll call vote: AYES - Councilpersons Sloane, Schultheis, Ochwat, Young and Mayor Cote.
 
 
 
 
 
 
                                                                                                                              PAGE 2011-45  
 
 
 
     11. OTHER/NEW BUSINESS:
 
            a. Approval of Raffle Application - Allamuchy Township VFD - Event to be held
                 11/03/2011 - 50/50 On-Premise Raffle.
            b. Approval of Raffle Application - Allamuchy P.T.O. - Event to be held 02/16/2012 -
                 50/50 Off-Premise Raffle.
            c. Appointments to the Musconetcong River Management Council - Charles Fineran and
                 Royal Nadeau (Alternate).
            d. Approval of Quote - Kenvil Power Mower - $8,699.99 - Exmark Riding Mower - 72"
                 Deck.
 
            Motion by Councilman Sloane, seconded by Councilwoman Schultheis, and approved on roll       
           call vote: AYES - Councilpersons Sloane, Schultheis, Ochwat, Young and Mayor Cote.
 
     12. APPROVAL OF BILL LIST AND ADD-ON LIST (ATTACHMENT 4).
 
           Motion by Councilman Ochwat, seconded by Councilwoman Schultheis, and approved on      roll call vote: AYES - Councilpersons Sloane, Schultheis, Ochwat, Young and Mayor Cote.
 
     13. ADJOURNMENT - 7:40 P.M.
 
            Motion by Councilman Sloane, seconded by Councilman Ochwat, and approved on roll call   
           vote: AYES - Councilpersons Sloane, Schultheis, Ochwat, Young and Mayor Cote.
 
 
     Respectfully Submitted,
 
    
     Anne Marie Tracy, Municipal Clerk  
 
   
     James H. Cote, Mayor