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August 26_ 2008 Regular Meeting

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August 26_ 2008 Regular Meeting Powered By Docstoc
					August 26, 2008 Regular Meeting

The regular meeting of the Township Committee of the Township of Franklin was called to order by Mayor Scavelli
at 8:10 p.m. in the Municipal Building. The following Committee members were in attendance: Mr. Mattei, Mr.
Bendy, Mr. Petsch and Mayor Scavelli. Mrs. Pfrommer was absent. Mr. Ragonese, Twp. Solicitor, and Chief
DiGiorgio were also in attendance.

Mayor Scavelli opened the meeting with the Statement of Notice of Meeting as per the Open Public Meetings Law
with notices having been sent to the Gloucester County Times and The Sentinel, as well as having been posted in the
Municipal Building.

Mrs. Toy, Township Clerk, read the statement that the meeting is being videotaped and may be broadcast on
Channel 9 and anyone not wishing to be seen on television may advise now and the camera will be turned off when
they address the Committee. Mrs. Toy also noted that all public comments would be limited to five minutes per
person to ensure that all residents are afforded the opportunity to speak.

Upon motion by Mr. Bendy seconded by Mr. Petsch and carried the minutes of the August 12, 2008 Work Session,
Regular Meeting and Closed Session were ordered approved as presented.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Petsch seconded by Mr. Mattei and carried all approved bills were ordered paid.
Mattei-yes Bendy-yes (abstain on TekkComm bill) Petsch-yes Scavelli-yes

Upon motion by Mr. Bendy seconded by Mr. Petsch and carried the following reports and correspondence were
ordered filed: Clerk/Registrar, Police and Public Works.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Correspondence:
1. From Gary J. Bendy, letter requesting to waive his pay as a township committeeman and also to waive any and
    all other benefits that relate to his position.
2. From Nick Edelman, letter of resignation from the Recreation Commission.
3. From Albert C. Batten, letter of resignation from the Recreation Commission.
4. From Jean Mangini, letter of resignation from the Recreation Commission.
5. From The Township of Upper Pittsgrove “Resolution Encouraging Atlantic City Electric Company to Relocate
    Transmission Lines Underground Along State Highway 77”
6. From Cozen-O’Connor, In The Matter of South Jersey Gas Company’s Annual Compliance Filing for an
    Increase in the Universal Service Fund Rate within the Societal Benefits Clause Charge.
7. From the Borough of Beachwood, Resolution Expressing Support For S77/A285 To Establish A Uniform,
    Statewide “Pedophile-Free Zones” Restricting Where Sexual Offenders Can Reside.
8. From Atlantic City Electric, Notice of Filing and Public Hearing

Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Petsch seconded by Mr. Bendy and carried an Application For Blue Light Permit was approved
for Nicholas Minosse.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Mayor Scavelli regretfully called for a motion to accept the resignations from the Recreation Commission.

Mr. Petsch made the motion, and wanted to personally thank the three members.

Mayor Scavelli added the names of Jean Mangini, Floss Marsh, Ron VanOstenbridge and Joe Bilinski to list of
resignations received.

Mr. Petsch modified his motion to include all those who have resigned, thanking each one personally, and seconded
by Mr. Bendy and carried, the resignations were accepted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Mayor Scavelli thanked all individuals who have worked on the Recreation Commission, ones who have resigned
and ones who are still on the Commission. He stated as we go through elections, people have different thoughts on
directions we should go, there is conflict and change, and some people do not agree with that change and make the
decision to move on. He stated he was sure it was not an easy decision, and wanted to thank all of them. Mayor
Scavelli stated will have Community Day, our community will come together and have fun.

Mr. Wojciechowski, Twp. Engineer, reported on the following:
1. Washington Oaks – he has been requested by the developer to provide a pre-final paving punchlist.
2. Autumn Estates Paving – he has talked to their engineer and he is determining how much curbing has to be
    replaced.
3. 496 Dutch Mill Road – talked to Gloucester County Soil Erosion District and has been referred to Dan Brown
    of the National Resource Conservation Service who can work with the farm property to help reduce the runoff
    and erosion. Mr. Wojciechowski will provide a proposal for Engineering services for underground drainage.

Upon motion by Mr. Mattei seconded by Mr. Petsch and carried the Public Portion of the Township Committee
Meeting was ordered opened.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes
Mr. William Carpinelli, Hall Avenue, stated don’t give too much credit to the people who resigned, give credit to
Carol Coulbourn and Sam and a few others who stayed around to help the community. Mr. Carpinelli stated the
show will go on, and it will be bigger and better.

Ms. Sara Thurston, Tuckahoe Road, wanted to comment on what she felt was an unwarranted public attack on
Recreation members. Community Day is an incredible family event, those members were competent and they
should receive an apology for being called incompetent. She wanted the statement corrected in public about
Community Day costing the taxpayers $6,000. She stated the money was donated, raised or earned by the
Recreation Commission. She stated that Mayor Scavelli said we have gotten away from the spirit of Community
Day and asked where you can go for something like this that is so family friendly. Ms. Thurston feels it is all
political and all Recreation members are owed an apology, the volunteers worked very, very hard. She noted that
The Sentinel refused to publish her letter, saying it was political.

Mr. Bendy wanted the record corrected to state that it cost the taxpayers of this Township $9,000.

Ms. Thurston stated Community Day is worth every dime.

Mr. George Young, Behl Road, presented the Committee with an advisory in reference to affordable housing, noting
that in Franklin Township 480 homes are required. Mr. Young asked for a four-ton weight limit sign to be posted on
Williamstown Road at Behl Road and on Williamstown Road at the corporate township line.

Chief DiGiorgio advised there is one sign on Coles Mill Road, and he will have one installed on Behl Road.

Mr. Bill Dalessandro, Nicholas Drive, felt that last meeting was a sad day, he lost respect for a couple of people for
the way they grandstanded and attacked the Mayor for something he did not know about. He felt this should have
been brought up ahead of time, everyone should get together as a community, not Republicans or Democrats. He
asked how Mr. Atkinson found out about it before the Mayor. He suggested if you want to run for office on
something, figure out a way to generate revenue for the town. He stated we need ratables and businesses. You need
to run on this, not beating each other up and grandstanding.

Mr. Petsch stated he would sit down any time in a bi-partisan meeting.

Mr. Howie Atkinson, Fries Mill Road, asked Mayor Scavelli what was the outcome of the meeting on the $800,000
in CDs that were cashed in.

Mayor Scavelli stated he did not have a meeting the next day with Mr. Petsch. He said he stated he would reach out
to the CFO and the Auditor to get the facts. Mayor Scavelli stated the township was experiencing a cash flow issue,
as it does every year at this time. Mayor Scavelli stated that the township has been doing inter-fund loans back to
the 1980’s. He advised that the previous Committee used capital funds, which is borrowed money, and in 2002 that
Administration issued bonds for more than six million dollars, which was more than what was needed to pay off
existing debt. Over the next five years the money was used for various capital projects. The interest cost on the
unused portion from 2002 to 2007 was at least $650,000, while the interest earned was only $175,000, the difference
of $475,000 was borne entirely by the taxpayers. The cost to the taxpayers for those transactions was about $9,000 a
year in interest on borrowed money that was used for those loans. This year the decision was made by Mrs. Carder
consulting with our Auditor to utilize Rec and Open Space monies, and that cost a lot less than $9,000 to do that. It
is a temporary matter and the funds should be replenished by the middle of September.

Mr. Atkinson asked why Mayor Scavelli, who sits on the Finance Committee, was not kept in the loop.

Mayor Scavelli replied that the issued of not informing the Committee will be dealt with, he should have been
informed. He felt Mr. Petsch withheld the information for political reasons.

Mr. Atkinson asked if there are regular meetings with the Finance Committee.

Mayor Scavelli advised that the CFO submitted a report tonight, it has not been done in the past; but he is not
pointing fingers, and again stated this was a routine loan.

Mr. Atkinson asked if by using the Recreation and Open Space monies were Township ordinances violated.

Mr. Bendy replied no, it was a loan.

Mr. Petsch stated he never said the expenditure was not going to be paid back, he always knew it would be paid
back. His issue is the encumbered money and the money that our ordinance says shall only be used for Recreation
purposes were the funds that were used. Mr. Petsch responded to the question as to how Mr. Atkinson found out
about this, by saying he found out at the last meeting. Mr. Petsch stated he openly admitted talking to several people
including those in the banking industry and former committee members to see what they had done in the past. Mr.
Petsch advised he will be sending a letter to DCA asking if those particular funds could be used for other purposes
and let the state decide if it was appropriate. He stated we have professionals that disagree, we disagree, so let the
state come down with a conclusion.

Mr. Bendy stated that we have professionals here.

Mr. Petsch stated he disagrees with some of the professionals, he talked to the deputy director, he stands by his
statement that evening, let the state decide.
Mayor Scavelli reviewed that Mr. Petsch had stated that DCA said we were pushing the envelope legally, and he
stated the CDs were at 41/2% and Mayor Scavelli said they were at 3%.

Mr. Petsch asked Mrs. Carder about the interest rates.

Mrs. Carder confirmed they were renewed at 4.5% for the first six months, then in June they went to 3%.

Mr. Atkinson asked about the mass resignations from the Recreation Commission and was there any chance of
reconciliation.

Mayor Scavelli stated there were differences of opinions and they decided to walk away three weeks before
Community Day. Mayor Scavelli stated, that looking at the numbers, they are trying to cut down on the cost.

Mr. Atkinson asked about the additional bond tonight, and is there a chance to consolidate the bonds to save some
legal costs and bond counsel costs.

Mayor Scavelli advised that would be looked at next year, and that the first bond would be reduced by $380,000
with the insurance payment.

Mr. Atkinson asked if there had been any discussion about having a private adjuster coming in.

Mayor Scavelli advised that the Administrator was looking into that.

Mr. Atkinson stated it appears there will be a shortfall in the budget next year, and how will it be made up.

Mayor Scavelli stated that is something we will have to work on, he doesn’t have an answer tonight, we have to
finish the work at DPW and get our trash trucks.

Mr. Bill Dalessandro, Nicholas Drive, stated what the department did was trying to save these people money so they
don’t have to pay more taxes. He felt that borrowing the money to keep the township going was the cheapest way
possible.

Mr. Petsch said the problem was that there was no consultation with him and Mayor Scavelli. The Auditor in
consultation with the Administrator directed the CFO to do that, and he and the Mayor were not involved in the
conversation.

Mr. Dalessandro had an issue with others knowing, but not the Committee.

Mayor Scavelli said we are moving on, it was the right decision on the way to go, but not the right decision in not
letting him know, he has had a discussion with Mrs. Carder, and now it is time to move on.

Mr. Charlie James, Tuckahoe Road, commented that the lights at the Community Center were fixed and working.
He also commented that he understood that some of the stop gap money was to pay a contractor to fix the problem
from 1993, and asked how the township went all these years and not know of the problem at DPW. The chance of
leakage with the tanks should have been addressed fifteen years ago. He asked why didn’t Mr. Petsch call Mayor
Scavelli. He stated wipe out party affiliations, all the committee was elected to represent him. Mr. James said that
Mr. Petsch didn’t share information and called for resignations, and felt Mr. Petsch should tender his own.

Mr. Petsch thanked Mr. James for his comments, advising that when the state decision comes down, he will inform
him. Mr. Petsch felt you cannot use dedicated funds, but he will have the state’s opinion. He stated that when
Mayor Scavelli wants to sit down, he will be glad to, and he will not hide information that the public should know
about.

Mr. James said to Mr. Petsch, why don’t you try to get along with the other guys.

Mr. Petsch answered he is willing to sit down, but communication goes both ways.

Ms. Barbara Halpern, Harding Highway, had an issue with no open police phone number after five p.m. She felt the
township needs an ordinance for pollution from dirt bike dust and exhaust. She didn’t feel she should have to call
911 to enforce the code. She also asked about open burning.

Mr. Petsch advised her to call 911 if the open burning continues, and to leave her address with the Chief, the local
fire official can issue a warning.

Chief DiGiorgio advised that if Ms. Halpern is unable to breathe due to the exhaust, call 911. He advised that the
Township has an ATV ordinance and the offender can be cited, and to call the police, and after hours call 911. The
fire company will do an investigation.

Ms. Halpern stated that the exhaust is the biggest problem.

Mrs. Nancy Brent, Forsythia Drive, stated that as far as she could ascertain Mrs. Carder did nothing wrong on this,
and had done nothing wrong for as long as she has worked for Franklin Township. She stated, politics aside, she
would like it clear for the record that Mrs. Carder did nothing wrong,
Mayor Scavelli stated he believed that Mrs. Carder had a responsibility to bring that forward.

Mrs. Brent asked who else had the responsibility to bring that forward.

Mayor Scavelli answered, the Administrator.

Mrs. Brent asked if Mrs. Carder was told to make this decision.

Mayor Scavelli replied that Mrs. Carder is the Chief Financial Officer and it is her responsibility to make decisions,
she can obviously discuss this with the Auditor. Mayor Scavelli stated that this is what occurred, she discussed this
with the Auditor and gave her some options and she made the choice to use the funds. He felt that was the right
decision to make, however, she should have advised us, either through e-mail or work session.

Mrs. Brent asked didn’t Mr. Krebs tell Mrs. Carder that the prudent route was to use this money.

Mr. Bendy stated he was totally shocked, she knew more than he did.

Mrs. Brent closed saying Mrs. Carder is a heck of an employee and she wanted everyone to know it.

Upon motion by Mr. Bendy seconded by Mr. Petsch and carried the Public Portion was ordered closed.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Petsch seconded by Mr. Mattei and carried Ordinance O-26-08 entitled “Bond Ordinance
Authorizing Supplemental Funding For Environmental Testing And Cleanup At The Public Works Facility In The
Township Of Franklin, County Of Gloucester, New Jersey; Appropriating The Sum Of $485,000 Therefor;
Authorizing The Issuance Of General Obligation Bonds Or Bond Anticipation Notes Of The Township Of Franklin,
County Of Gloucester, New Jersey, In The Aggregate Principal Amount Of Up To $460,750; Making Certain
Determinations And Covenants; And Authorizing Certain Related Actions In Connection With The Foregoing” was
ordered opened.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Mr. Atkinson asked if the Township would be consolidating the two bonds.

Mr. Philip Norcross from Parker McCay, Bond Counsel, advised that we will issue one year notes and during that
period the township will work thru the adjustment process to get insurance claims and third-parties to pay in. Once
that is accounted and it is paid down as much as possible, the notes will be consolidated into one bond.

Upon motion by Mr. Bendy seconded by Mr. Petsch and carried the Public Hearing on Ordinance O-26-08 was
ordered closed.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Bendy seconded by Mr. Mattei and carried “Bond Ordinance Authorizing Supplemental
Funding For Environmental Testing And Cleanup At The Public Works Facility In The Township Of Franklin,
County Of Gloucester, New Jersey; Appropriating The Sum Of $485,000 Therefor; Authorizing The Issuance Of
General Obligation Bonds Or Bond Anticipation Notes Of The Township Of Franklin, County Of Gloucester, New
Jersey, In The Aggregate Principal Amount Of Up To $460,750; Making Certain Determinations And Covenants;
And Authorizing Certain Related Actions In Connection With The Foregoing” was ordered adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Mattei seconded Mr. Petsch by and carried the Public Hearing on Ordinance O-23-08 entitled
“Sale Of Undersized Property Owned By The Township Of Franklin” was ordered opened.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

No one appeared before the Committee.

Upon motion by Mr. Petsch seconded by Mr. Mattei and carried the Public Hearing on Ordinance O-23-08 was
ordered closed.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Mattei seconded by Mr. Petsch and carried Ordinance O-23-08 entitled “Sale Of Undersized
Property Owned By The Township Of Franklin” was ordered adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Bendy seconded by Mr. Mattei and carried Ordinance O-22-08 entitled “Ordinance Amending
Regulations Of Dogs And Cats And Establishing Vicious And/Or Potentially Dangerous Dog Regulations Of The
Township of Franklin” was passed on first reading and ordered advertised. Public Hearing to be held on September
23, 2008.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Ordinance O-24-08 was not introduced pending more review.

Upon motion by Mr. Petsch seconded by Mr. Bendy and carried Ordinance O-27-08 entitled “Ordinance Amending
Chapter 278 Of The Code Of The Township of Franklin” was passed on first reading and ordered advertised. Public
Hearing to be held on September 23, 2008.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes
Upon motion by Mr. Bendy seconded by Mr. Mattei and carried Resolution R-172-08 entitled “Resolution Honoring
The Township Of Franklin 11 & 12 Year Old Girls Softball All Star Team District 21 Champions” was ordered
adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Bendy seconded by Mr. Petsch and carried Resolution R-173-08 entitled “Resolution
Approving And Authorizing A Revision To The Application To The Gloucester County Program Year 2008 CDBG
Municipal Project Program” was ordered adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Petsch seconded by Mr. Bendy and carried Resolution R-174-08 entitled “Resolution
Approving Corporate Structure Change For Liquor License Held By Maria’s Italian Bistro, LLC And Requiring
Approval By Division of Alcoholic Beverage Control Of Inactive License” was ordered adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Petsch seconded by Mr. Bendy and carried Resolution R-175-08 entitled “Resolution
Authorizing a Closed Executive Meeting For The Township Committee Of The Township of Franklin” was ordered
adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Mr. Ragonese advised that items to be discussed included the DPW investigation and the Builders League lawsuit
and the Greenways lawsuit.

Upon motion by Mr. Petsch seconded by Mr. Mattei and carried Resolution R-176-08 entitled “Resolution
Authorizing The Tax Collector And Treasurer To Correct An Error In The 2008 Tax Bill For Block 1802, Lot 15
(1776 Grant Avenue)” was ordered adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Upon motion by Mr. Petsch seconded by Mr. Mattei and carried Resolution R-177-08 entitled “Resolution
Determining Positions Eligible For The Defined Contribution Retirement Program In Franklin Township” was
ordered adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Mr. Ragonese explained that this does not affect any positions now, this is for the retirement plan in the future.

Upon motion by Mr. Petsch seconded by Mr. Mattei and carried Resolution R-178-08 entitled “Resolution Honoring
The Township of Franklin Senior Girls A Division Basketball League Champions” was ordered adopted.
Mattei-yes Bendy-yes Petsch-yes Scavelli-yes

Mr. Petsch asked for clarification from Mr. Ragonese as to why JIF was not providing coverage for the COAH
lawsuit.

Mr. Ragonese replied that it is not a lawsuit as much focused for getting money, their main focus is to get approval
for the Greenways development.

Mr. Petsch stated that JIF covered us during the Kiddie Kollege incident, he asked JIF back in April, why not for
COAH.

Mr. Ragonese answered that he has responded to Mr. Dorsey’s letter and has spoken to the Mayor about it, and that
would be more appropriate for closed session.

Mr. Petsch advised that on February 26, 2007 Mrs. Coulbourn asked Mr. Ragonese if she should notify JIF and
apparently there was no response, because when he contacted JIF they asked what lawsuit are you referring to. JIF
told him although there will be no coverage, they are offering a one-time payment of $10,000 and referred to late
notification. Mr. Petsch stated that it looks like that after Mrs. Coulbourn notified you, there was no follow up in
notifying JIF. Mr. Petsch advised that Mr. Ragonese’s position was there was no coverage due to gross neglect of
previous administrations.

Mr. Ragonese stated this is the latest attack by surprise. He advised that since he has been here he has had a
standing relationship with the Clerk that when a claim comes in it is to be forwarded to Scibal as well as to his
office, and as far as he knows that has been done. Even though as he sees it there is no coverage available through
affirmative acts versus damages, Kiddie Kollege is for damages. Mr. Ragonese stated he has been responsive and
protective of the town. There is a standard clause where they might claim notice issues.

Mr. Petsch asked why are they offering $10,000 and referring to late notification.

Mr. Ragonese advised that this matter should be discussed in private. He stated they will offer a small amount of
money because one of the remote alternative theories is damages. They are seeking civil rights violations, that is not
uncommon in Zoning suits. Mr. Ragonese told Mr. Petsch you can contact me any time, you talked to me
personally today and you could have brought this up then, you didn’t have to make this a public spectacle. Mr.
Ragonese stated he was personally offended and felt Mr. Petsch was hurting the town.

Mr. Petsch stated the town was hurt when the Clerk asked you whether or not to forward this to Scibal. He asked
Mr. Ragonese if he responded to the Clerk, stating it looks like it didn’t occur.
Mr. Ragonese stated he can’t answer that now, without going back and checking through the lawsuit files. He stated
that if he didn’t do it from day one, he knows that notification has been in place for a long time. Mr. Ragonese
advised Mr. Petsch, please call me, you don’t have to make a public spectacle. Mr. Ragonese stated people are
doing their jobs, they do their best for the town.

Mr. Petsch stated the letter is clear, we didn’t notify them the Township was being sued.

Mr. Ragonese stated he is working on this case and didn’t want to talk about it any more.

Mr. Bendy asked Mr. Petsch about the $75,000 insurance quote.

Mr. Petsch replied, we were going to work on this together.

Discussion followed between Mr. Petsch, Mr. Bendy and Mayor Scavelli in reference to quotes from other insurance
carriers.

Mr. Mattei reported that he was going to miss the Recreation people, they are good people and he had a lot of fun.
Mr. Mattei apologized for not being there more often, he felt maybe he could have prevented something.

Mr. Bendy reported that the light issue at the Community Center has been resolved, and everyone in the Library is
pleased. In regards to Community Day, he stated we have some people who have stepped up to the plate and are
doing a fantastic job. Community Day will go on as planned and will be a great success, and politics need to be put
on the back burner.

Mr. Petsch reported that he attended the Franklin Township School Board meeting and the Health Fair for the
employees. He thanked those volunteers who served past and presently on the Recreation Commission. He hoped
everyone would take a day off and enjoy themselves at Community Day.

Mayor Scavelli thanked those who stepped up to work on Community Day, Saturday, September 6th – Bob
Stanmire, Dave Crowell, Carol Coulbourn and Sam Buttner. He thanked all those involved that are working make it
happen and have a great day.

Mayor Scavelli commented on the Recreation Fund CDs. By June of 2004 there was $400,000 in the fund, the rates
never exceeded 2%. By the end of 2005, there was $700,000, and interest of $5,600. The first CD was purchased in
June 2007 after the adoption of a cash management plan, then a six-month CD, and then right after that another six-
month CD at 41/2%, and after that rates came down, and a CD was purchased at 3%. Mayor Scavelli stated we did
get aggressive once we got in control. There were also CDs purchased for the Open Space Fund.

Mr. Petsch asked for a copy of that report by Mayor Scavelli.

The meeting was recessed to go into closed session at 9:40 p.m.

                                                                Respectfully submitted,



                                                                Carolyn Toy
                                                                Township Clerk

				
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