August 23, 2011 Regular Meeting The regular meeting of the Township Committee of the Township of Franklin was called to order by Mayor Dougherty at 8:13 p.m. in the Municipal Building. The following Committee members were in attendance: Mr. Atkinson, Mrs. Pfrommer, Mr. Ciancaglini, Mr. Petsch and Mayor Dougherty. Mr. DiGiorgio, Administrator, and Mr. Ziegler, Solicitor, were also in attendance. Mrs. Toy 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 also advised that the meeting was being videotaped and may be broadcast on Channel 9. Upon motion by Mrs. Pfrommer seconded by Mr. Atkinson and carried the minutes of the August 9, 2011 Work Session and Regular Meeting were ordered approved as presented. Atkinson-yes Pfrommer-yes Ciancaglini-abstain Petsch-yes Dougherty-abstain Upon motion by Mrs. Pfrommer seconded by Mr. Petsch and carried all approved bills were ordered paid. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes The following reports were received: Public Works and Police. Correspondence: 1. From NJDEP in reference to the August 14, 2011 Rainfall Event – Iona Lake Dam. Their inspection revealed the structure experienced heavy flows and/or was damaged. The Township was ordered to obtain a NJ licensed engineer to perform a detailed site inspection and submit a report of the findings and recommendations within thirty days and to provide written confirmation within 10 days of our intentions to comply with the order. Mayor Dougherty advised that this was discussed this at the work session and the letter was passed on to Mr. Westergaard who is our County liaison, who will take it to the proper authority. Mayor Dougherty said that the Township contends that the dam is not owned by the Township but by the County and that Mr. Westergaard will get back to us, hopefully resolving this situation. Mr. Ziegler advised that he will also write a letter to DEP in reference to ownership of the dam. 2. 3. From Mrs. Clarina Scapellato, advising of unsafe conditions due to tall grass at the intersection of Forest Grove Road and Bluebell Road. Copy of a letter from Peter Mercanti, Purchasing Director, Gloucester County, to Newfield Terrace Community Action Org. notifying them that the County plans to award a contract to them for a proposal they submitted for programs and services for children. Upon motion by Mr. Atkinson seconded by Mr. Ciancaglini and carried all reports and correspondence was ordered received and filed. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Mr. Atkinson asked that Mr. DiGiorgio follow up on the grass issue. Mayor Dougherty announced a Proclamation Honoring And Commending Jackie Cohen and Brittney Carney For Their Lifesaving Efforts and asked the individuals to come forward as well as Leslie Fey, lifeguard coordinator. Mayor Dougherty read the proclamation and Mr. DiGiorgio presented them to the girls. Mayor Dougherty announced the Public Hearing to consider adoption of a resolution on behalf of the Route Forty Food Center. Mayor Dougherty introduced Mr. Jerry Velazquez. Mr. Jerry Velazquez, from TRIAD Associates, reported that TRIAD submitted an application to the USEDA (United States Economic Development Authority) for a $1.455 million dollar grant for purposes of upgrading the Route Forty Food Center public infrastructure including water, sewer, streets and curbing, essentially everything that would require the demolition of the existing structures. It would include any approvals required by DOT for proposed entrances and exits. The anticipated type of redevelopment would include food type entities and would have approximately 300,000 square feet of total space, and create approximately 200 new jobs. Mr. Velazquez said it is a brownfields site and the grant would allow the Township to eliminate the structure, eliminate the brownfields, develop the infrastructure and allow for redevelopment to happen on the site. Mr. Ziegler stated that everyone is aware of the Meredith Farms site, and if the grant is awarded and the Township provides some matching funds, the Township would be able to do the demolition of the building. Mayor Dougherty said it is great to see this moving forward, this has been ongoing for a very long time from the times the putrefied chickens were discovered and the clean-up that was involved. Mayor Dougherty said he looks forward to the day when we finally see it turned into a crowning achievement that will help provide revenue and jobs. Mr. Velazquez said a regional director was down about three weeks ago, visited the site, discussed the application and made some suggestions. Mayor Dougherty said there have been some serious water issues since the recent rain fall and he, the Administrator, Mr. Petsch and some other members of the Committee and the Engineer were out to various sites trying to resolve some of the issues. Mayor Dougherty said some issues are beyond resolution, it was very difficult with the amount of rain that fell to resolve some of these things. Upon motion by Mrs. Pfrommer seconded by Mr. Petsch and carried the First Public Portion of the Township Committee meeting was ordered opened. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Mrs. LeAnn Thurston, 3843 Coles Mill Road, said she had just witnessed a crude, rude, disturbing conversation out in the hall when she was in the ladies room, discussing having a cop at the meeting for the “old man” Joe Nunes. She said you are dividing the community and that Mr. Nunes was a good person. Mrs. Thurston said about the flood, she has nine million gallons of water in her yard, she has signs in her yard, she asked where are you Joe Petsch, not once did he send the fire department to her yard, what did you do for me. She said she had brought an older gentleman, a disabled vet to Mr. DiGiorgio’s office, he gave him a business card, saying you helped him, what did you do for me. She said a police officer told the gentleman to evacuate. Mayor Dougherty asked Mrs. Thurston to talk about her property, and said no one was evicted from any home. Mrs. Thurston said that she received a call from the County Board of Health and they were appalled no one helped her. She said she got no vouchers, she was pushed away, has no place to live, asking where are the firemen, they pumped out everyone else. She said she has no well and septic because of the water, you are pushing everyone away, instead of trying to help them, and it looks bad for you. Mr. Petsch said, lets get it on the record, you did have a conversation with Chad, Janvier’s fire chief, and he told you their pump was out of service. Mrs. Thurston felt this was a lie as she said Chad never spoke with her. Mrs. Thurston said the township has no plans for emergency management, where to evacuate, you have no plan. Mayor Dougherty replied we have a plan, we have tried to help you the best we can, but you have abused everyone. Mr. Petsch said three years ago you had the same flooding issue, we sent out the township engineer, he provided you with a list of recommended corrective actions, and you didn’t follow up. Ms. Esther Sykes, Elmer, New Jersey, a friend of Mrs. Thurston, said the home was built in 1978, and there is a document saying the house shouldn’t have been built there and the township allowed it to be built, the streets are 18” higher than those properties. Mayor Dougherty explained that state regulations have changed, there are many houses that would not have been built if the wetlands act had been in effect. Mr. Ziegler advised that the wetlands act was not adopted until the mid 1980’s. Ms. Sykes said this is an emotional issue, she is here as a mediator, why has no one been out to help her. Mayor Dougherty said the township has no standing in this issue, she is surrounded by County roads, the County has been out and FEMA has been involved. Mayor Dougherty said we had tons of people to be pumped out and to be helped, equipment was breaking down, and the Township had been out to her property many times in the past. Ms. Sykes said you need back-up plans, you do need to answer who is the emergency person she could talk to directly. Mayor Dougherty said all that is in place, the Emergency Management Officer is Cpl. Gaetano right now, but he is not here tonight. Mayor Dougherty again we have no standing there, saying the County has been involved trying to help her. Mrs. Thurston said you are saying everything goes back to the County, the County Board of Health for well and septic, and Mayor Dougherty said yes, it is a county issue. Mayor Dougherty also stated that the Township does not operate the fire companies. Ms. Sykes asked if they need an attorney to come here. Mayor Dougherty again stressed that the Township has no standing in this area, they are County roads. Mr. Ziegler advised that well and septic specifically by statute are regulated by the County Board of Health, the Township does not have the authority, the County regulates where the well and septic is placed and how to install it. Likewise, the Township cannot tell the fire departments to do anything, each fire company has it owns elected governing body. He said the County has the best opportunity to help, in addition to programs that provide for temporary housing through the County Freeholders’ Office, not only through the County Dept. of Health, but also from the monies appropriated for that purpose. Mr. Ziegler said there is a homeless prevention program where people get put up in hotels all the time temporarily, those opportunities are all up in Woodbury and are all administered by the County, which receives Federal money to administer these programs. The Township does not get any of this money and the Township does not have the authority to do these things, they only have very limited powers, they can only do what the legislature tells them they can do. He said we cannot tell the County where to put the roads. Mayor Dougherty said he appreciated Ms. Sykes coming forward to be the peacemaker. Ms. Sykes asked what is the Township doing for other residents. Mayor Dougherty said we are doing what we can for residents on local roads. Ms. Sykes said there will be a mosquito problem, and Mr. Ziegler advised there is a County mosquito control program. Mayor Dougherty said we are waiting for a State of Emergency declaration from the Governor. Ms. Sykes thanked the Committee for their time and information. Mr. Joe Nunes, 3300 Main Road, asked for an explanation of his tax bill, saying his local municipal tax went down $31, but the Township raised the budget by 2%. Mayor Dougherty advised that there are things inside and outside of the CAP; outside the CAP include capital improvements, debt service and pension benefits. Mr. Nunes asked if the Township added a new line item this year, saying the Library is now a separate line item. Mayor Dougherty explained that the legislature mandated it be a separate line item, and that was explained on numerous occasions. Mr. Nunes asked if Mayor Dougherty would say face-to-face what was discussed about him, and Mayor Dougherty said no. Mr. Nunes asked about extra police and Mayor Dougherty said that was what was discussed. Mr. Michael Collins, Blackwood, said he was interested in purchasing property on Tuckahoe Road and asked if that was the way he would be treated. Ms. Katie Patrick, who said she was ten years old, asked for an ice skating rink in the Township, she thought it would be fun for her family. Mayor Dougherty said as a boy he used to ice skate on Franklinville Lake. He asked Mr. Ciancaglini to follow through with Recreation to look at that for her. Mayor Dougherty thanked her for coming up, saying it takes a lot of courage to come up and speak publicly. Mr. Brian Thurston, Coles Mill Road, stated why don’t you demolish his home, freeze that property, and use it for skating. Mr. Thurston said, for the record, you are all clowns. Mrs. Linda Amey, University Street, Malaga, said you have a real problem with flooding, it is not just the rain, it has been coming on for years and it is from neglect. She said the sewers and drains do not work. Mayor Dougherty said we’ve had the engineer out to look at your property, we have a solution, you won’t sign the release to let the Township on your property. Mrs. Amey said she won’t sign the release because she doesn’t know what the Township is going to do. Mayor Dougherty said we have explained to you and showed you what we want to do. Mr. Ziegler said he came to her property, advised it would be helpful if she maintained the property in front of the house where it has washed out. Mr. Ziegler said when we came to your property we offered a solution from what we think was a pipe that was put in by the township a long time ago, but you won’t let us come on your property to do that. Mayor Dougherty again suggested to Mrs. Amey that she take that document that our Solicitor prepared to her attorney to review. Mr. Ziegler stated he sent the document to her attorney and he said it was okay. Mayor Dougherty said we are trying to deal with your hole, and Mrs. Amey said you are just trying to trick her. Mrs. LeAnn Thurston said thank you for nothing, and asked will there pumps at her house tomorrow, and Mr. Petsch answered no. Mr. Petsch said he felt her signs were inappropriate. Ms. Sykes said she would see what could be done at the County and apologized. Mayor Dougherty thanked Ms. Sykes for her help. Ms. Marcia Bolinsky, 2281 Grant Avenue, stated that she had purchased a vacuum and hose to remove the water from her basement and that would help some of the residents with their water problem. Ms. Bolinsky asked if there would be fireworks at Community Day this year, and the answer was yes. Mrs. Linda Amey said rot and mold stays forever, the smell never goes away. She said we need to do something about the flooding problems. Mrs. Pfrommer advised that she lives on Central Avenue, there is a stream in back of her property and her front and back yards flooded, and they took care of it themselves, and well as pumping her mother’s house on Iona Lake. Mrs. Pfrommer said she knows flooding is an issue. Mrs. Amey said we need drains put in and hook up more of them. Mr. Petsch said there is a plan to help you, there is an agreement you don’t agree with, and suggested she counter with her own agreement. Mr. Petsch said the Township needs a signed document to go on her property. Mr. Ziegler advised the Township cannot go on private property without permission. Upon motion by Mr. Atkinson seconded by Mr. Petsch and carried the first Public Portion was ordered closed. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mr. Atkinson seconded by Mr. Petsch and carried Resolution R-124-11 entitled “Resolution Of The Township Committee Of The Township Of Franklin Authorizing the Filing Of An Application To The U. S. Department Of Commerce, Economic Development Administration For Public Works Funding For The Route Forty Food Center Project” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mr. Atkinson seconded by Mrs. Pfrommer and carried Resolution R-125-11 entitled “Resolution Authorizing The Transfer Of Excess Balances Of Escrow Deposits To The General Fund For Accounting Purposes” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Mr. Ziegler, Solicitor, advised that Resolution R-126-11 adopted at the work session authorizing a closed meeting needed to be amended to include discussion of personnel for the Municipal Court. Upon motion by Mrs. Pfrommer seconded by Mr. Petsch and carried Resolution R -126-11 entitled “Resolution Authorizing A Closed Executive Session Of The Township Committee Of The Township Of Franklin” was amended to include discussion of personnel for the Municipal Court. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mr. Ciancaglini seconded by Mr. Petsch and carried Resolution R-127-11 entitled “Resolution Authorizing The Tax Collector and Treasurer To Credit a Certain Payment Of Taxes Paid For The Premises Located At Block 1903.01 Lot 8 On The Tax Map Of The Township Of Franklin And To Correct The Assessment On Said Property” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mr. Atkinson seconded by Mr. Petsch and carried Resolution R-128-11 entitled “Resolution Authorizing The Tax Collector And Treasurer to Credit A Certain Payment Of Taxes Paid For the Premises Located At Block 6503, Lot 6.03 On The Tax Map Of The Township Of Franklin” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mrs. Pfrommer seconded by Mr. Petsch and carried Resolution R-129-11 entitled “Resolution Of The Township Of Franklin, County of Gloucester And State Of New Jersey Authorizing The Award Of A Contract To Asphalt Paving Corporation Of Malaga For Weymouth Road Section II Reconstruction” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mr. Petsch seconded by Mrs. Pfrommer and carried Resolution R-130-11 entitled “Resolution To Authorize That The Mayor As Designate To Enter Into a Shared Services Agreement By And Between The Township Of Franklin And The Franklinville Fire Company For Shared Vehicle Maintenance And Repair” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mr. Atkinson seconded by Mrs. Pfrommer and carried Resolution R-131-11 entitled “Resolution Authorizing Extension For Repayment Of Tax Anticipation Note” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mr. Atkinson seconded by Mrs. Pfrommer and carried Resolution R-132-11 entitled “Resolution Adopting Best Practices Pursuant To Local Finance Notice 2011-18R” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mr. Petsch seconded by Mr. Ciancaglini and carried Resolution R-133-11 entitled “Resolution Appointing Sergeant Vincent DiPietro As The Emergency Management Coordinator For The Township Of Franklin” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Mr. Atkinson reported on the following: Finance Committee meeting – discussed the Best Practices document and the budget for 2012 and continue to monitor the cash flow to the end of the year Said that Mr. Ciancaglini had questioned the outcome of the fire commissioners’ meeting where the township committee approached the fire companies to cover their portion of workmen’s comp insurance totaling $80,000 a year. He said the reason for this request was to get the township out from the CAP to allow us to put the $80,000 back into the budget, which would allow us to put another police officer on or to use the money elsewhere where we deemed necessary. Mr. Atkinson said that the fire commissioners reminded him that they are living under the same cap, their budgets are very tight and are having trouble equipping new firemen. He said that some of the additional things the fire departments do include helping to pump out homes when they and their equipment are available and assisting the police with accidents. In discussion with the fire commissioners it was brought up that if this goes forward the payout could be scheduled in a phased fashion over four to five years. Working on shared services Planning Board meeting – one application at the last meeting, and revenues are slightly up Mrs. Pfrommer reported: 8/10 Library Board meeting, discussed the in-service day 8/16 Special Events meeting, discussed Community Day Mrs. Pfrommer thanked all the Fire departments, Police and Public Works for all their help during the flooding, and also thanked all the residents who helped out. Mr. Ciancaglini reported: Reminded everyone of Community Day on Saturday, September 10 th, saying he hoped to see everyone there also thanked all the departments who responded during the flooding, including the ambulance squad, for their outstanding job Mr. Petsch reported: Stated that having the fire department pay the Township mechanic to do repairs is a substantial savings to the fire department. He said he hoped the other fire departments would do the same. Congratulated Sergeant DiPietro’s appointment as Emergency Management Coordinator and said he will do an excellent job. Mr. Petsch said his squad worked during the storm and said having him out there was a real asset. Mr. Atkinson mentioned the poor quality of our cable TV system. Mrs. Pfrommer said we are working on it, trying to work with Comcast and Delsea, there are a combination of issues, and it will be discussed and addressed at the next TV Commission meeting. Mr. DiGiorgio reported on the situation at 3844 Coles Mill Road, the Thurston property. He said we have been out there, we have communicated with the County Office of Emergency Management, FEMA and other agencies. The County Health Department has deemed the house not fit for habitation due to well and septic issues. Mr. DiGiorgio said he personally spoke to the Regional Director of the Red Cross for additional help. He noted FEMA has been out there. Mr. DiGiorgio said we are working with the Engineer on drainage issues throughout the Township. He said with eleven plus inches of water there is no place to put the water, there is no easy answer. The Township is trying to help all they can, not just the Thurstons, but everyone else who has water problems. Upon motion by Mrs. Pfrommer seconded by Mr. Petsch and carried the second Public Portion was ordered opened. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Mrs. Linda Amey suggested flooding a field somewhere for ice skating, saying that would be a nice activity for residents. Upon motion by Mr. Petsch seconded by Mrs. Pfrommer and carried the second Public Portion was ordered closed. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Upon motion by Mrs. Pfrommer seconded by Mr. Petsch and carried “Proclamation Honoring And Commending Jackie Cohen And Brittney Carney For their Life Saving Efforts” was ordered adopted. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Mayor Dougherty reported on the following: The TAN payment is a ripple effect of not getting the numbers from the State in a timely manner Best Practices – thanked Mrs. Carder and Mr. DiGiorgio, saying he hoped to get 100% funding again Realized that the flooding issue is an emotional issue and residents take out their frustrations where they can. He said the residents have to understand the Township is not responsible for everything that happens. Mayor Dougherty said he was proud of the Fire companies, Police, Public Works and the residents who help every day. He noted that two years ago Mr. DiGiorgio spent eight hours pushing water away on his own time. Upon motion by Mr. Petsch seconded by Mrs. Pfrommer and carried the Township Committee meeting was ordered adjourned at 9:25 p.m. Atkinson-yes Pfrommer-yes Ciancaglini-yes Petsch-yes Dougherty-yes Respectfully submitted, Carolyn Toy Township Clerk