TOWNSHIP COMMITTEE by mikesanye

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									       The Minutes of the Workshop Meeting of the Township Committee of the Township of Cranford,
County of Union, State of New Jersey on August 16, 2010 at 7:30 p.m. in Room 108.

THIS MEETING IS IN COMPLIANCE WITH THE “OPEN PUBLIC MEETINGS ACT” AS ADEQUATE
NOTICE OF THIS MEETING HAS BEEN PROVIDED BY FAXING THE ANNUAL SCHEDULE OF
MEETINGS TO THE CRANFORD CHRONICLE, UNION COUNTY LOCAL SOURCE, AND THE
STAR LEDGER, BY POSTING SUCH ANNUAL MEETING SCHEDULE ON A BULLETIN BOARD IN
THE TOWN HALL RESERVED FOR SUCH ANNOUNCEMENTS AND THE FILING OF SAID
NOTICE WITH THE TOWNSHIP CLERK OF CRANFORD. FORMAL ACTION MAY BE TAKEN AT
THIS MEETING

Present:        Mayor Mark C. Smith
                Deputy Mayor Martha Garcia
                Commissioner David W. Robinson
                Commissioner Daniel J. Aschenbach

Absent:         Commissioner Mark P. Dugan

There were eleven (11) members of the public present. Leslie Murray represented the Cranford Chronicle.

CRANFORD BOARD OF HEALTH MEETING – 7:30 PM

PAYMENT OF BILLS
Commissioner Robinson requested clarification of a payment made to T&M Associates. Asked if the
expense is related to litigation.

Township Administrator Schmid confirmed that the payment is related to litigation and discussed other
payments to T&M Associates.

Commissioner Robinson also questioned payment to Excel Environmental Inc. Stated that he believed there
would be no fee for their service.

Township Administrator Schmid to follow up.

Township Attorney Woodward discussed services provided by Excel Environmental Inc. with respect to an
environmental evaluation of the Solomon Schechter School property.

The Township Committee was agreeable to the amendment to the bills list that was presented by the Finance
Department.

PUBLIC COMMENTS
Mayor Smith opened the public comments portion of the meeting and asked if there were any questions or
comments.

Thomas O’Brien, 9 Central Avenue, discussed the sewer fee ordinance. Asked if the Township Committee
considered the fact that sewer costs would no longer be tax deductible if removed from the tax bill.

Mayor Smith explained that this matter was considered by the Township Committee and it was determined
that approximately thirty (30%) percent of residents would be impacted by the change. Mayor Smith also
discussed his interpretation of tax law and does not believe sewer costs were an allowable deduction when
they were included in the tax bill.

Mr. O’Brien asked if the Township Committee considered basing the fee on usage.

Mayor Smith informed Mr. O’Brien that the Township Committee considered basing the fee on usage, but as
a result of the short timeframe and administrative costs involved, it was decided that a different methodology
would be used for determining the fee structure.

Frank Krause, 20 Pittsfield Street, discussed the application that was approved by the Zoning Board with
respect to Investors Savings Bank. Feels decisions made by the Zoning Board are in violation of the
Township’s Land Development Ordinance. Also feels the Township Committee’s authority is being invaded
and urged the Township Committee to review his concerns. Discussed the Township’s Special Improvement
District (SID) ordinance as it relates to land use. Also discussed the site plan that was submitted by Investors
Savings Bank and the parking components that he feels do not comply with the Township’s zoning
ordinance.

Mayor Smith discussed the actions taken by the Township Committee with respect to this matter and assured
Dr. Krause that the Township Committee has attempted to address his concerns.
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Thomas O’Brien, 9 Central Avenue, discussed the application submitted by Investors Savings Bank. Feels
the applicant disregarded the Township’s zoning and SID ordinances. Believes if there is no attempt to
comply with the spirit of the SID ordinance, then the Township Committee should consider abolishing it.
Feels the Township Committee should consider legally challenging the Zoning Board’s decision.

Hearing no further comments, Mayor Smith closed the public comment portion of the meeting.

Proposed resolution re: Union County Improvement Authority Renewal Energy Initiative
Ryan Scerbo, Esq., attorney for the Union County Improvement Authority (UCIA), discussed UCIA’s
Renewal Energy Initiative, which would provide for the installation of solar panels at the Cranford Public
Library. Mr. Scerbo also discussed the proposed resolution that would be required by the Township
Committee if it decides to participate in the initiative. Informed the Township Committee that adoption of the
resolution would not legally obligate the Township to participate in the program, but he is hopeful that the
Township would not withdraw if it decides to participate. Mr. Scerbo also discussed the financial
requirements of the program, stating that there would be no financial risk to the Township, unless it decided
to close the building where the solar panels were installed.

Discussion held as to the proposed protection solar panels provide to the roofs of the facilities in which they
are installed.

Discussion held regarding the projected savings the Township could anticipate with respect to electrical costs
if solar panels were to be installed at the library.

Mr. Scerbo explained that the amount of savings would fluctuate because it would depend on both
production and usage at the facility. Mr. Scerbo also informed the Township Committee that this program
has been modeled on a similar program that was successful in Morris County.

The Township Committee was agreeable to adopting the resolution required for participation in the program.
Resolution to be adopted August 17, 2010.

Review August 17, 2010 Official Meeting Agenda

Resolution No. 2010-255:
Health Officer Hehl discussed Resolution No. 2010-255, which authorizes an award of contract to Republic
Services of New Jersey/Midco Waste for the 2010-2012 Residential Cleanup Program. Discussed the bids
that were submitted and the need for the Township Committee to set the permit fee for the program.
Explained that the current fee is $95.00, and just covered the cost of the program in 2009. Recommended a
fee of $105 to $110.

Discussion held as to a potential change in the time of year for this program.

The Township Committee decided that the fee would remain at $95.00 for 2010. Matter to be revisited in
2011 if it is determined that the current fee does not cover the cost of the program.

Ordinance No. 2010-37:
Mayor Smith discussed Ordinance No. 2010-37, which authorizes an amendment to the Cranford Crossing
Redevelopment Plan. Explained that the Township Committee agreed to reduce the square footage restriction
from 3,900 to 2,500 to allow for the Tae Kwan Do Center, currently located at 29 Alden Street, to relocate to
Cranford Crossing. It has since been determined that the Tae Kwan Do Center requires less than 2,500 square
feet and has requested that the restriction be reduced further. Informed the Township Committee that the
recommendation by Township professionals was to eliminate the restriction completely from the
Redevelopment Plan.

Discussion held.

The Township Committee was not agreeable to the elimination of the restriction.

Mayor Smith discussed the potential for implementing a range for the square footage requirement to prevent
this type of issue in the future.

The Township Committee was agreeable to reducing the square footage requirement from 2,500 square feet
to 2,250 square feet. Amendment to be introduced on August 17, 2010.

50/50 Trust/Fund Program Financing through the NJ Environmental Infrastructure Trust (NJEIT)-
Sanitary Sewer Improvements
Assistant Engineer Cardenas discussed proposed sanitary sewer improvements and the potential for financing
these projects through the New Jersey Environmental Infrastructure Trust loan program.
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Township Administrator Schmid to follow up with bond counsel as to whether the Township is committed to
moving forward with the project once the application to NJEIT is submitted.

Discussion held regarding the potential for including other projects in the application, such as infrastructure
improvements related to the Riverfront Redevelopment Project.

Discussion also held regarding the impact to the capital budget if the Township Committee moves forward
with these improvements.

Commissioner Robinson discussed the cost benefit these improvements would have with respect to inflow
and infiltration costs. Feels the expenditure may not be appropriate if it does not result in a cost savings
benefit.

Mayor Smith discussed the fact that the Township’s infrastructure is beginning to fail and needs to be
addressed.

Township Engineer Marsden to be directed to contact the Rahway Valley Sewerage Authority to determine
the projected cost savings to the Township if it were to move forward with these improvements.

Further discussion necessary.

Proposed recycling ordinance
Item carried to September 14, 2010.

Proposed changes to traffic signals at Orange Avenue and Springfield Avenue
Mayor Smith discussed upgrades to the intersection of Orange Avenue and Springfield Avenue and the
impact to a specific property owner. Feels a better notification system to impacted residents is needed when
Union County decides to move forward with intersection improvements.

Request to vacate portion of Birchwood Avenue
Township Attorney Woodward discussed the request to vacate a portion of Birchwood Avenue. Informed the
Township Committee of an existing sanitary sewer easement in the area. Feels additional information with
respect to the sewer easement is needed before he can make a recommendation to the Township Committee.

Further discussion September 13, 2010.

Proposed revision to TV35 Bylaws
Deputy Mayor Garcia discussed a recommendation to delete language from TV35 Bylaws with respect to
non-locally produced programs.

The Township Committee was agreeable to the recommendation. Resolution to amend the bylaws to be
adopted September 14, 2010.

Downtown Development Report
Mayor Smith discussed the Downtown Development Report dated August 16, 2010 and the status of various
applications.

SID Enforcement Report
Item carried to August 17, 2010 Conference Meeting.

Email/Correspondence

Request for refund – parking permit
Mayor Smith discussed a request by a resident for a refund for a parking permit.

Discussion held.

Commissioner Aschenbach discussed the need to establish a policy with respect to these types of requests.

The Township Committee was agreeable to the request. Resolution authorizing reimbursement to be adopted
August 17, 2010.

Request to utilize Eastman Plaza – Cub Scouts Popcorn Sale
Deputy Mayor Garcia discussed a request by the Cub Scouts to utilize Eastman Plaza for its annual popcorn
sale.

The Township Committee was agreeable to the request.
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USDOT TIGER II Planning and HUD Community Challenge Planning Grant
Township Administrator Schmid discussed a request by Union County for a letter of support in connection
with its application for a USDOT Tiger II Planning and HUD Community Challenge Planning Grant.
Informed the Township Committee that the information was provided to DMC Director Prunty, however Ms.
Prunty believes the Township should obtain additional information before providing a letter of support.

Commissioner Aschenbach feels it would be beneficial for the Township to participate, but agrees that a
better understanding of the program is needed.

Township Administrator Schmid to follow up with Union County for additional information.

COMMISSIONER REPORTS

Pedal Paddle Fun Event
Deputy Mayor Garcia informed the Township Committee of the “Pedal Paddle Fun” event scheduled for
October 10, 2010.

Cranford State Championship Team sign
Deputy Mayor Garcia informed the Township Committee that she is working with Coach Taglieri on the
potential installation of a sign at the entrance to Cranford listing the High School’s State Championship
Teams.

American Water’s request re: rate increase
Mayor Smith informed the Township Committee of a public hearing to be held in the Town of Westfield
with respect to New Jersey American Water Company’s request to the Board of Public Utilities for a rate
increase.

PUBLIC COMMENTS
Mayor Smith opened the public comments portion of the meeting and asked if there were any questions or
comments.

Thomas O’Brien, 9 Central Avenue, referred to the discussion of potential sanitary sewer improvements.
Feels there are many sump pumps that are illegally connected to the Rahway Valley Sewerage Authority’s
line.

Township Attorney Woodward discussed the inspection that is conducted by the Construction Code Official
when a house is sold to ensure there is no illegal connection of sump pumps.

Mr. O’Brien feels there should be a better way to detect those who are in violation.

Commissioner Robinson suggested that a sump pump inspection be done in conjunction with other
Construction Code inspections, such as when a hot water heater is installed.

Andis Kalnins, 3 Omaha Drive, candidate for Township Committee, feels further evaluation of the inflow
and infiltration cost reduction should be conducted before moving forward with the proposed sanitary sewer
improvements. Also discussed the Union County Improvement Authority’s Renewable Energy Initiative.
Feels an additional evaluation of the program is needed before the Township commits to participating in the
initiative.

Barbara Krause, 20 Pittsfield Street, requested clarification of various ordinances scheduled for public
hearing and adoption on August 17, 2010.

Mayor Smith provided an explanation of the various ordinances included on the August 17, 2010 agenda.

Mrs. Krause requested clarification of the public hearing to be held in Westfield with respect to New Jersey
American Water Company.

Township Attorney Woodward explained that a series of public hearings are being held with respect to New
Jersey American Water Company’s request to increase its rates, and informed Mrs. Krause that the hearing
for this area will be held in Westfield.

Mrs. Krause commended the Department of Public Works for the removal of fallen branches in the Holly
Street area. Also discussed the yield sign that was installed on Hampton Street. Feels it is very helpful.

Mrs. Krause also discussed the dust that is created by leaf blowers and asked if the Township Committee has
considered adopting an ordinance to address this issue.
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Mayor Smith informed Mrs. Krause that the Township Committee adopted a resolution with respect to leaf
blowers, but it only addressed the issue of noise, not dust.

Mrs. Krause discussed a safety concern with entry/exit signage at the General Dollar parking lot and the fact
that enforcement by the Police Department is not permitted because it is private property.

Commissioner Robinson explained that the issue she described is a condition of site plan approval.

Township Attorney Woodward explained that if entry/exit signage was required per the original site plan
approval, the new property owner would also be required to provide signage.

Zoning Officer Hudak to be directed to follow up with the property owner on this matter.

Mrs. Krause also discussed an issue with student parking on Berkeley Place. Feels allowing parking on both
sides of the roadway creates a visibility issue.

Commissioner Robinson believes Mrs. Krause discussed this issue at a previous Township Committee
meeting and that the Police Department provided a response. Stated that he would follow up with the Police
Chief.

Mrs. Krause discussed the clearing of utility lines by Union County and the impact to trees that are trimmed
or removed. Feels they are left in unsatisfactory condition.

Thomas O’Brien, 9 Central Avenue, requested clarification regarding the sign ordinance in the Special
Improvement District (SID).

Mayor Smith explained that enforcement of the ordinance would be the responsibility of the Zoning Officer,
in conjunction with the DMC Director.

Mr. O’Brien discussed the traffic signal that was installed at the corner of South Union Avenue and Lincoln
Avenue. Feels the signal does not prevent accidents from occurring.

Hearing no further comments, Mayor Smith closed the public comment portion of the meeting.

On motion of Commissioner Robinson, seconded by Deputy Mayor Garcia and passed, the following
resolution was adopted by roll call vote:

Resolution No. 2010-98.41: BE IT RESOLVED that the Township Committee will go into closed session
to discuss the following, the minutes of which will be released at some time in the future at the discretion of
the Township Committee:
Contractual Matter
     Riverfront Redevelopment
     Grant writing services
     Request for License Agreement – Next G Networks
Legal Matters
     Cranford Building Associates v. Township of Cranford
     Lehigh Acquisitions v. Township of Cranford
     Cranford Development Associates v. Township of Cranford
Real Estate Matter
     Solomon Schechter School
     Request to lift deed restriction
Minute Review
     Closed session minutes of July 19 and 20, 2010

Recorded vote:
Aye: Mayor Smith, Deputy Mayor Garcia, Commissioners Robinson and Aschenbach
Nay: None
Abstained: None
Absent: Commissioner Dugan

On motion of Deputy Mayor Garcia, seconded by Commissioner Robinson and passed, the Township
Committee returned to open session at 12:10 AM.

Late Starter – Request for pool membership refund
Mayor Smith discussed an inquiry by a pool member regarding a potential refund since the facility will be
closed for seven (7) days as a result of employee furloughs.
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The Township Committee was agreeable to Interim Aquatics & Fitness Center Operations Manager
Robertazzi’s recommendation to provide members with guest passes since a refund for seven (7) days would
amount to approximately $10 to $15.

Late Starter – Special Meeting
On motion of Commissioner Robinson, seconded by Deputy Mayor Garcia and passed, a Special
Meeting of the Township Committee was scheduled for Monday, August 23, 2010 at 7:00 PM, Room
108, to discuss litigation involving Lehigh Acquisition.

Recorded Vote:
Aye: Mayor Smith, Deputy Mayor Garcia, Commissioners Robinson And Aschenbach
Nay: None
Abstained: None
Absent: Commissioner Dugan

Minute Approval
On motion of Commissioner Robinson, seconded by Commissioner Aschenbach and passed, the Closed
Session Minutes of July 19 and 20, 2010 were approved by indicated vote of the Township Committee.

Recorded vote:
Aye: Mayor Smith, Deputy Mayor Garcia, Commissioners Robinson and Aschenbach
Nay: None
Abstained: None
Absent: Commissioner Dugan

On motion of Commissioner Robinson seconded by Deputy Mayor Garcia and passed, the Township
Committee adjourned at 12:20 AM.

                                                      Respectfully submitted,



                                                      Tara Rowley, RMC
Dated: August 16, 2010                                Municipal Clerk

								
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