Docstoc

TOWNSHIP OF CLINTON REGULAR COUNCIL MEETING November 24_ 2009 1

Document Sample
TOWNSHIP OF CLINTON REGULAR COUNCIL MEETING November 24_ 2009 1 Powered By Docstoc
					                                               TOWNSHIP OF CLINTON
                                             REGULAR COUNCIL MEETING
                                                  November 24, 2009


                                                          TABLE OF CONTENTS

CALL TO ORDER: Flag Salute: Open Public Meetings Act Statement ...........................................2

ROLL CALL: .....................................................................................................................................2

SWEARING IN OF NEW COUNCIL PERSON: ............................................................................3

APPROVAL OF MINUTES: ..............................................................................................................3

CONSENT: ...........................................................................................................................................3
1. Resolution #141-09 – Release of escrows
2. Resolution #142-09 – Refund of tax overpayment – Block 82.13, Lot 57.1608
OLD BUSINESS: .................................................................................................................................3
1. Sewer Authority

NEW BUSINESS: ................................................................................................................................3
1. Tree Ordinance

PUBLIC COMMENTS: ......................................................................................................................6

REPORTS: .........................................................................................................................................10
  • Directors/Liaisons

ACTION:

RESOLUTIONS:

PUBLIC COMMENT:.......................................................................................................................12

VOUCHERS: .....................................................................................................................................12

ADJOURNMENT ..............................................................................................................................12




                                                                      1
                                 TOWNSHIP OF CLINTON
                               REGULAR COUNCIL MEETING
                                    November 24, 2009


CALL TO ORDER:

Mayor Cimei called the regular meeting to order at 7:30 PM.

OPEN PUBLIC MEETINGS ACT STATEMENT: Mayor Cimei gave the statement of
adequate notice. The annual meeting notice is on file in the Office of the Municipal Clerk for
public inspection.

       ROLL CALL:
                              Councilman Howard                            Present
                              Councilwoman Apgar                           Present
                              Councilman Peck                              Present
                              Council President Krommenhoek                Present
                              Mayor Cimei                                  Present

                              Kristina P. Hadinger, Esq.                   Present
                              Tricia L. Houck, Deputy Clerk                Present
                              Kathleen Colognato, CFO                      Present
                              Robert Manney, Police Director               Present
                              Michael D. Wright, Construction Official     Present
                              Marvin Joss, Administrator                   Present

CONSENT:

MOTION was offered by Councilwoman Apgar to approve the consent agenda. Seconded by
Councilman Krommenhoek.

There being no further discussion, the roll was called. All ayes. Motion carried.

       Roll Call:             Councilman Howard                            Yes
                              Councilwoman Apgar                           Yes
                              Councilman Peck                              Yes
                              Council President Krommenhoek                Yes
                              Mayor Cimei                                  Yes

Consent #1
      Resolution #141-09 – Authorizing the release of escrows

             BE IT RESOLVED that certain performance guarantees and escrows have been
recommended by the Planning Board and Township Engineer to be reduced,

       NOW, THEREFORE BE IT RESOLVED that the following refunds be issued:




                                                2
                                  TOWNSHIP OF CLINTON
                                REGULAR COUNCIL MEETING
                                     November 24, 2009

Amount          Block/Lot         Street Address             Applicant              Type of Permit

$8,036.14       B-33 L-9       Douglas Terrace       Mid-Union Paving          Construction Bond

Consent #2
       Resolution #142-09 – Authorizing the refund of tax overpayment – Block 82.13, Lot 57.1608


           WHEREAS, on Block 82.13 Lot 57.1608 C1608 located within the Township of
Clinton, an overpayment of real estate taxes has been made due to duplicate payments; and

         WHEREAS, applications have been made to the Tax Collector for refunds of said
overpayments, totaling $1275.24; and

            WHEREAS, the attached listing is a detail of the requested refunds.

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the
Township of Clinton that the Tax Collector is hereby authorized to refund such taxes to the
parties in the amounts specified on the listing below.



VENDOR                      BLOCK LOT       Qualifier    LOCATION                  YR/QTR AMOUNT
Matthew Franklin              82.13 57.1608 C1608        32 MEADOWVIEW DR.         09/4    $1,275.24
17 Ralph Place
Morristown, NJ 07960
TOTAL REFUND                                                                                  $1,275.24

OLD BUSINESS:
1. Sewer Authority

Mayor Cimei introduced the matter. Mr. Joss stated he would like to have another meeting with
the subcommittee, but has not been able to schedule it yet.

NEW BUSINESS:

1. Tree Ordinance

Mayor Cimei introduced the matter and asked Councilman Howard to explain various aspects of
the ordinance. Councilman Howard discussed the history of the ordinance as outlined in his
memorandum of November 20, 2009.

Mr. Howard indicated straw polls were taken on two key issues, clear cutting and tree removals
that would not require a permit.




                                                 3
                                 TOWNSHIP OF CLINTON
                               REGULAR COUNCIL MEETING
                                    November 24, 2009

Mr. Howard also discussed fees and indicated the proposed regulations need to be put in
ordinance form by the Township Attorney.

Mayor Cimei discussed the two major factors, namely, the clear cutting concept of the ordinance,
and the number of trees that can be removed per year.

Councilman Howard discussed exemptions such as trees less than eight inches in diameter,
diseased trees, etc.

Councilwoman Apgar asked if this includes specimen trees. Mr. Howard clarified this issue.

The Mayor asked if Council wished to proceed with this ordinance. Council consensus was to
publish Mr. Howard’s memo on the website and solicit public comments before producing a
draft ordinance in the new year.

Mr. Howard’s November 20, 2009, memorandum is also available in the office of the Township
Clerk.

Mayor Cimei announced the need for a volunteer to take on recycling, as the County and State
are pressuring towns to increase recycling. Councilman Peck indicated the Freeholders are going
to address this issue shortly. The Mayor asked Councilman Peck to volunteer for this. Mr. Peck
briefly discussed the proposed state and county regulations and agreed to take this responsibility.

PUBLIC COMMENT:

The Mayor indicated he would open public comment for residents of Grayrock Estates.

The Mayor described issues with some detention basins not performing as designed and stated
the Township is using the Municipal Land Use Law process to address them.

Mr. Joss described some flooding issues in this community and stated an investigation has been
performed and it has been found the detention basin has not been maintained, and is not
functioning as designed. There was a public hearing for the homeowners on October 29, 2009,
with another scheduled for December 2, 2009. We have reached out to the New Jersey
Department of Environmental Protection (DEP) for assistance.

Ms. Hadinger explained the Planning Board resolution for this subdivision called for the
formation of a homeowners association. The Municipal Land Use Law calls for a process to be
followed by the municipality when the homeowner association is not maintaining its property. If
the property is not being maintained as required, the Township can perform maintenance and
assess the expense to the homeowners in the subdivision. The Township is trying to work with
the homeowners. The formal hearing process is being conducted before the Zoning Officer
because that is what the statute provides. The Council is not the hearing officer and if property
owners want their comments to be part of the record of the hearing, they should make them
during the hearing, which has been continued until December 2, 2009.


                                                4
                                 TOWNSHIP OF CLINTON
                               REGULAR COUNCIL MEETING
                                    November 24, 2009

The Mayor stated the Planning Board approvals specifically did not have the Township taking
ownership of the detention basins. The hearing process will continue, and we will hear from the
DEP.

Ms. Hadinger stated the hearing process being undertaken is the official record, with action that
may or may not take place based on that investigation.

Ms. Hadinger also indicated that Michael Wright, as Zoning Officer, will make the final decision
and if desired any homeowner can appeal that decision.

Bill Lomuscio, 41 Grayrock Road, stated flooding is not a concern, this is a red herring. The
state is now mandating these repairs. Mr. Lomuscio said the cost of $500,000 has been estimated
by two engineers consulted by the homeowners.

Mr. Lomuscio pointed out there is no engineering study, Council is merely accepting the opinion
of someone. The Grayrock Homeowners Association was disbanded in 1994, and is defunct.
Ms. Hadinger stated the Township has acknowledged the Association has not maintained its
corporate status.

Mr. Joss explained that a new homeowner association needs to be formed and Mr. Lumuscio
stated it will not.

Mr. Lomuscio asked Council not to gloss over these issues or to scare homeowners.

Councilman Peck asked about the size of the detention basin and Mr. Lomuscio stated it is seven
acres.

Mayor Cimei stated Council is trying to do the right thing; in the approval of many developments
the Township has not taken responsibility for detention basins.

Michael Belinski, Hill Hollow Court, stated he does not belong to a homeowners’ association,
and further explained he told the School Board not to buy the property for the middle school as it
was close to a C1 stream. He asked Council to take a tour of the area to better understand the
issues.

Mr. Belinski stated the flooding is occurring in Deer Meadow, and those homeowners received
their own letter regarding debris in the stream. Mr. Belinski also expressed concern regarding
the volume of soil moved across the street from the new school. Mr. Belinski expressed offense
at the manner in which the letter to homeowners was written, and reiterated there is no
homeowners’ association.

Mayor Cimei explained that rather than have every homeowner come to a hearing, Council
thought it would be easier to have several residents appear to represent the group. The Mayor
felt DEP could assist the Council in finding a reasonable solution.



                                                5
                                 TOWNSHIP OF CLINTON
                               REGULAR COUNCIL MEETING
                                    November 24, 2009

Mr. Belinski expressed concern over clear cutting done by the Township, and the expense
incurred by the Township on these issues. Mr. Belinski asked if the Environmental Commission
is involved, and Mr. Joss stated the Environmental Commission is taking the position it is
premature to be involved.

Mayor Cimei said he understood the issue is a surprise, but there are 4,000 other homeowners in
the township and in going through the facts, he feels a half million dollars for clean up is a high
estimate.

Councilman Peck stated it is better to do what needs to be done, and he is not comfortable in
getting the DEP involved.

Mayor Cimei said the letter was not intended to scare anyone, but rather to begin the process.

Robert Danowski, Wildflower Court, stated communication needs to improve, and he gave his
perspective on how things have transpired.

Mr. Danowski, said on July, 2, 2009 there was a 100 year event. After that a letter was sent via
certified mail that a detention basin that homeowners are responsible for is a significant health
threat to the public. Mr. Danowski noted there is no engineering study, no survey, only a walk-
by has determined these issues. Mr. Danowski stated the potential cost was stated by Ms.
Marcelli at approximately $200,000. After 22 years of living in this development, he had 35
days to respond to the issue.

Mr. Danowski indicated in fact, there is no erosion, the swale is rather pristeen, and no flooding
is occurring. The detention basin is functioning as it is supposed to. The Township has not
provided the name of anyone who has complained. Mr. Danowski referred to a January 30, 1980
letter from Robert Bogart, Engineer, to Construction Official Ed Pittman, indicating a significant
flooding potential exists for the lot in question, and this home constructed on this particular lot
on Riverbend should not be occupied until this is resolved.

In an addendum to the stormwater management plan on November 5, 1985, for Grayrock
Association, the engineer said a review of the culvert under Melody Lane, showed it is grossly
undersized based on a 100 year event.

Mr.Danowski discussed the fact that no records recording the Grayrock development and
performance bonds or their release is available. He further stated elections to the Board of the
homeowners association never occurred.

Mayor Cimei stated the thirty-five days is part of the statutory hearing process, and was not
meant to be intimidating. He also stated at the first hearing the thirty-five day deadline was
extended. The Mayor stated the basin is not in the condition that it was originally. Mr.
Danowski stated that in a homeowners association officers are indemnified.




                                                 6
                                  TOWNSHIP OF CLINTON
                                REGULAR COUNCIL MEETING
                                     November 24, 2009

John Engelhart, Riverbend Road, stated his disappointment at receiving a letter regarding a
homeowners association after having a three hour hearing where it was made clear there is no
homeowners’ association.

Mayor Cimei stated this basin was designed to be open, and now it is overgrown. It was
designed to look a certain way and does not.

Mr. Colin Chiu, 6 Hill Hollow Court, stated he moved here in July, and received this letter in
October. Mr. Chiu said there is no association and there is no mention of this in his closing
documents.

Mark Ciarlariello, resident of Grayrock Estates, stated the letter of October 15, 2009 was heavy
handed. He does not feel the basin is a threat to the safety and welfare of the public, and would
like statements to this effect rescinded. Mr. Ciarlariello asked if basins are inspected each year,
who does it and are they monitored.

Mr. Ciarlariello asked about who was advising the homeowners association and further indicated
he bought the last two lots from the builder, Mr. Motera, and there was no mention of a
homeowners’ association.

Mayor Cimei stated government makes approvals and can attach requirements to them. The
Township is not able to check that every association is valid and adhering to the rules.

Mr. Ciarlariello stated the whole process needs re-thinking. There was no mandate for this.
Mayor Cimei stated the Township is very cognizant of not accepting open space as part of land
use planning, as it generally has a liability associated with it, and Planning Boards around the
state try to avoid it.

Mr. Ciarlariello discussed the lack of checks and balances. Mayor Cimei apologized for the
letter and explained we need to follow the MLUL regulations.

Ms. Hadinger explained there are convenants and restrictions recorded at the County level. If
they do not turn up in the title search, homeowners can file a claim with their title insurance
company.

A discussion of where the restrictive covenants are recorded and listed was held.

Tom Corser, Studer Road, stated he needs to understand where we are in discovery process. He
asked what is the root cause for this remediation. What is the problem with the basin, and what
is it causing. Secondly, he would like an explanation of what “maintain” means in layman’s
terms.

Mr. Joss stated these questions are the reason for involving DEP. There are clear regulations on
how to maintain a detention basin. There may be endangered species. There is obviously more
information needed.


                                                 7
                                 TOWNSHIP OF CLINTON
                               REGULAR COUNCIL MEETING
                                    November 24, 2009

Mayor Cimei stated just because something should have been done and wasn’t, doesn’t mean it
should continue. The Mayor stated there have been several instances over the past months where
homeowners have realized these basins are their responsibility.

John Sappington, River Bend Road, stated the basin looks like it did twenty years ago, and the
thought process should be is the detention basin functioning. Mayor Cimei disagreed with this
theory. Mr. Sappington asked why there have been no further updates.

Nancy Belinski, 5 Hill Hollow Court, stated the letter was premature. She hasn’t heard anyone
saying the flooding was caused by the detention basin, and it has not been proven this is the case.
Mrs. Belinski asked how the determination was made. Mayor Cimei explained the issue again,
and stated the engineer certifies a design that should not have been infiltrated with trees, it was
designed to be seeded over. It is not currently in a state as designed.

Mrs. Belinski maintained the mountain of dirt moved on the fields across from the middle school
is the cause of flooding, as the terrain of that property has been changed so drastically.

Mayor Cimei, stated there is flooding and the detention basin has not been maintained and
Council cannot look the other way. The Mayor asked if this issue has been brought to the
attention of the School Board. Mrs. Belinski indicated her husband was on the School Board at
the time, and he did bring it to their attention. Mr. Joss indicated the County would have fined
the School Board if they were in violation, and said the School Board was fined for the Vought
house by the State. The Environmental Commission called the County repeatedly, and there was
no violation.

Mayor Cimei stated the Township should talk to the school and indicate this could be
contributing to the flooding as well.

Andrea Weaver, Studer Road, stated the homeowners association is defunct, and asked who
owns this property. Mr. Joss explained that according to tax records a little piece is owned by
each lot. Ms. Weaver stated nothing on her tax bill shows this.

Ms. Weaver asked why wasn’t something done in 1994, when the association status was revoked
by the State. Ms. Hadinger explained the State does not notify municipalities as to the status of
these associations.

Sandy Ketelsen, Hill Hollow Court, asked what is being requested and exactly what state was
that basin in when built. Mr. Joss indicated the Township Engineer had set of plans at the first
public hearing. Ms. Ketelsen asked if there should be a clear cut for the whole area. Mike
Wright stated there were drawings found and the Township assumes they are as-builts.

Mr. Joss indicated we need DEP to tell us what they will accept. Ms. Ketelsen stated since no
studies were done, the letter should not have said there was a health hazard.

Councilman Peck said the body to judge this is the DEP. Ms. Ketelsen stated without data
showing this is an issue, do we even need to address this.

                                                 8
                                 TOWNSHIP OF CLINTON
                               REGULAR COUNCIL MEETING
                                    November 24, 2009


Mr. Joss indicated he received a call from DEP two days after the hearing, and the Township had
not contacted them.

Robin, Lamo, Tahoe Court, indicated the issue may not be the detention basin at all, and the
school is responsible for having a huge amount of dirt moved.

Robert Danowski spoke again, referencing meeting minutes of June 9, 2004. The topic of
discussion was Grayrock Estates, and the possibility of the township taking ownership of three
lots of open space. Mr. Danowski stated Council was aware of this issue at that time and nothing
was done.

Mark Ciarlariello, indicated he researched records and looked at the property that flooded three
times, and this is only occurring during a major event. In 2007, there were thirty-five events and
none were on Riverbend Road.

Ron Williams, Chalfonte Drive, discussed the soil issue, and stated the School Board approved
change orders to move dirt across the road, and paid $80,000 for this purpose. The School Board
maintained moving the soil off the property would cost a fortune, and the dirt was needed for ball
fields.

Mr. Williams also discussed the tree ordinance, and the clear cutting done in Lebanon Borough
for new development.

Councilman Howard clarified that clear cutting should be part of the Planning Board and Board
of Adjustment process. Mr. Howard explained that we have volunteers that feel we need an
ordinance. Mr. Williams asked if we really have a problem in the Township as most residents are
environmentally conscious. Mr. Williams felt this should be limited to new construction, and
this would be governmental intrusion.

Mayor Cimei stated he feels this is necessary as all residents don’t think the same way about
trees. Mr. Howard said the Environmental Commission prepared a presentation on this. Mayor
Cimei indicated the Planning Board has talked about this for years and so has the Council, and
we are still talking about the best way to proceed.

Mr. Williams discussed the level of recycling, and stated he discussed the issue with the
Environmental Commission. The Commission indicated they do not have the people to address
it; and he maintained this is an Environmental Commission issue.

Mr. Williams also discussed a sewer problem at the bottom of Old Mountain Road. Mr.
Williams said there are strong indications there are other septic problems in that area. He
expressed concern the Township does not have an ordinance to require those selling their homes
to have a septic inspection. It is up to to the buyer. Mayor Cimei indicated every house in his
neighborhood obtains an inspection.

A discussion of the leaf program and the schedule was held.

                                                9
                                 TOWNSHIP OF CLINTON
                               REGULAR COUNCIL MEETING
                                    November 24, 2009



REPORTS:

Councilman Peck:
None

Councilwoman Apgar:
Councilwoman Apgar reported the Board of Health is moving forward with the amendment to
the soil disturbance ordinance for next year.

Council President Krommenhoek

Council President Krommenhoek reported on the last School Board meeting, noting enrollment
is down 32 students from last year. He further indicated there are 102 people involved in the
strategic planning process, and an agreement has been reached between the School Board and
Police on how information should be shared.

Council President. Krommenhoek reviewed a power point presentation on the Annandale Citizen
Advisory Committee, and discussed the group’s membership. He indicated the goal was to look
at the village and propose improvements and recommendations. The subcommittee studying the
lumber yard property is trying to arrange a meeting between the subcommittee and
representatives of that property. The Historic Preservation Commission has reviewed structures
on site to determine historic relevance.

John Lazarus, a member of the ACAC, stated the meeting is set for December 14th. A discussion
was held about Council attendance, with the Mayor indicating if there are representatives of the
owners in attendance, it is better that members of council not attend, as any land use plans need
to go through the Planning Board.

Councilwoman Apgar expressed concern about the group sending out a letter as a council
sanctioned committee. Ms. Hadinger stated property owners want to show residents and the
governing body potential development plans, and when this happens it should go through the
Planning Board.

Ms. Hadinger stated many developers will go to the residents first. Ms. Apgar reiterated this
group is a governing body sanctioned group, and therefore someone from Council should attend.
Mayor Cimei did not agree. Council President Krommenhoek said he sees no problem with this
meeting.

The Mayor indicated Council should not attend, in case there are land development issues. Ms.
Hadinger indicated she feels this is a meeting between the property owner and the residents of
Annandale.




                                               10
                                 TOWNSHIP OF CLINTON
                               REGULAR COUNCIL MEETING
                                    November 24, 2009

Councilman Peck stated it is better to leave this as a neighborhood effort. A discussion of the
location of the meeting was held. Mayor Cimei stated he did not want the meeting held in the
township building, and Mr. Lazarus agreed to move the meeting to another location.

Mr. Lazarus stated he received resolutions from the county and HART for renovations at the
train station. Mr. Howard stated he received some emails describing how Readington Township
handles maintenance at the Whitehouse Station. The Township leases the train station property
for $1.00, and they control and maintain it. Mr. Howard also described the arrangement by
which Readington accepted funds for the upkeep of the station.

Council President Krommenhoek stated Marianne Brosnan spearheaded the traffic issue, meeting
with the County on West Street and Beaver Avenue. She was also able to get some streetlights
repaired. Mr. Joss indicated he is getting pricing for power washing, etc., for the Old Municipal
building.

Mr. Lazarus discussed a traffic study done in 2003, which discusses the same issues coming up
in 2009. Councilwoman Apgar discussed people pulling over on West street and using their
flashing lights for traffic control. She also stated there’s no shoulder there. Mr. Manney talked
about brick walkway in place of regular crosswalks.

A short discussion of obtaining period lighting for the village was discussed. Council President
Krommenhoek discussed shift change at 7:00 a.m., and asked if there is a way to provide traffic
coverage. Mr. Manney reported that traffic coverage starts at 5:00 a.m. Flyers will be put on
cars in train station parking lot.

Councilman Peck remarked about speeders coming off the 78 ramps, and asked about rumble
strips. Councilwoman Apgar stated she would go to the freeholders and try to set up a meeting.

Mr. Manney said the Police Department just purchased handheld radar units and officers are
being certified; this should provide some assistance.

Councilman Howard:
Councilman Howard stated the Planning Board met and discussed the tree ordinance at length.
He further stated the Open Space Advisory Committee met on November 24, 2009. They have a
concern about the highlands master plan draft and land use capability map and moving three
items from current their designation to the proposed section. The Committee asked for the proper
form for them to express concerns. Mayor Cimei indicated their concerns should be brought
forth in writing to Mr. Joss.

Administrator:
None

Finance:
None

Police

                                                11
                                TOWNSHIP OF CLINTON
                              REGULAR COUNCIL MEETING
                                   November 24, 2009

Mr. Manney discussed the Town of Clinton parade and the cost of providing officers for traffic
detail that evening. A discussion of the cost was held, and consensus was to advise the Town of
Clinton that we cannot donate these services.

Building/Zoning:
None.

RESOLUTIONS:
None

PUBLIC COMMENT:
None

VOUCHERS:

Mayor Cimei introduced the matter.

MOTION was offered by Councilwoman Apgar to approve the check control registers dated
November 24, 2009 totaling $393,659.39 Seconded by Councilman Howard. There being no
discussion, the roll was called. Motion carried.


              Roll Call:     Councilman Howard                            Yes
                             Councilwoman Apgar                           Yes
                             Councilman Peck                              Yes
                             Council President Krommenhoek                Yes
                             Mayor Cimei                                  Yes

MOTION TO ADJOURN

MOTION was offered by Councilman Peck to adjourn at 11:30 p.m. Seconded by Council
President Krommenhoek. There being no further discussion a voice vote was called. All ayes.
Motion carried.

              Roll Call:             Councilman Howard                    Yes
                                     Councilwoman Apgar                   Yes
                                     Councilman Peck                      Yes
                                     Council President Krommenhoek        Yes
                                     Mayor Cimei                          Yes
ATTEST:

_____________________________               ________________________________
Donna J. Burham, Township Clerk             A. Kevin Cimei, Mayor

Adopted: December 23, 2009



                                              12

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:5
posted:5/4/2010
language:English
pages:12