December 29, 2009 Wrap-up Meeting The wrap-up meeting of the Township Committee of the Township of Franklin was called to order by Mayor Petsch at 5:03 p.m. in the Municipal Building. The following Committee members were in attendance: Mr. Atkinson (arrived at 5:27 p.m.), Mr. Ciancaglini, Mrs. Pfrommer and Mayor Petsch. Mr. Mattei was absent. 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. Ciancaglini and carried the minutes of the December 8, 2009 Work Session, Closed Session and Regular Meeting were ordered approved as presented. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried all approved bills were ordered paid. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried the following reports and correspondence were ordered received and filed: Engineer, Police Dept. and Public Works. Correspondence: 1. Notice from the Gloucester Co. Health Dept of upcoming flu clinics. Both the H1N1 and seasonal flu vaccine will be available at all of the clinics, including one on January 19 th at Delsea Middle School and one on January 26th at the Community Center. 2. From NJ Dept. of Agriculture, reporting that no major infestations were detected in our municipality from their fall gypsy moth egg mass survey. 3. Resolution Of The Franklin Township Planning Board Recommending That Block 2401 Lot 1 Be Designated As An Area In Need Of Redevelopment In Accordance With The Local Redevelopment And Housing Law. 4. From Fralinger Engineering to the Dept. of Environmental Protection, Methane Gas Monitoring test results. 5. From Senator Fred H. Madden, acknowledging receipt of our Resolution R-271-09 regarding legislation to amend the Open Public Records Act. Senator Madden supports this resolution and is in the process of introducing legislation to amend the OPRA to exempt disclosing e-mail addresses from public record except for the purposes of emergency notification. 6. From DVRPC, notice of a new offering this year of the Green Buildings and Environmentally Sustainable Plan Element that was recently authorized for Master Plans by Municipal Land Use Law amendment. 7. From Gloucester County Board of Chosen Freeholders, a resolution endorsing and recommending the Gloucester Co. Improvement Authority execute a contract for the provision of resource recovery services. 8. Notice of adoption of the Township of Pittsgrove’s “Ordinance O-15-09 Providing For Amendments To Chapter 60 Land Use And Development Of The Pittsgrove Township Code”. 9. From the Township of Marlboro, “Resolution Urging Governor Corzine And The New Jersey Legislature To Expeditiously Eliminate State Imposed Unfunded Mandates”. Upon motion by Mr. Ciancaglini seconded by Mrs. Pfrommer and carried the following 2010 Licenses were ordered approved: Food Handling – Toni’s Treats and Pegasus I; Kennel – Milton Smith, Sherry Kuhn, James Deola and Lewis Thibault. Ciancaglini-yes Pfrommer-yes Petsch-yes Mayor Petsch inquired about the Planning Board recommendation for the area of redevelopment. Mr. Ziegler explained that the Planning Board has made that recommendation and there is a resolution on the agenda this evening, R-298-09, designating that area as an area in need of redevelopment, and Phyllis Bross, special counsel for this matter is here to explain the process. Ms. Bross stated that our Planning Board has recommended that Block 2401 Lot 1 be designated as an area in need of redevelopment, so that the Township and the Borough of Clayton can continue to study as to whether it might be a good area for a joint project with Gloucester County’s help. Both towns are under a shared services agreement that has been filed with the state, the next step would be that tomorrow she would make sure the DCA received a copy of this resolution. She would also send a copy of the resolution to the property owner, who is in support of this resolution. Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried the Public Portion of the Township Committee meeting was ordered opened. Ciancaglini-yes Pfrommer-yes Petsch-yes Ms. Linda Sendelosksy, 566 University Street, said that after the snowstorm she shoveled her driveway out to the street, saw the plow coming, tried to flag the driver down, but he went right by and plowed her driveway in again. She said when he came back he did apologize. Ms. Sendelofsky felt that the people that are not important do not get plowed out. Mayor Petsch said he stayed in touch the entire storm with the DPW Superintendent to make sure all the streets got plowed and stated nobody gets preferential treatment. Ms. Senselofsky said Main Street always gets plowed first and then they sit at Wawa. Mayor Petsch said the major connector roads do get preferential treatment, the larger streets are the priority. Mayor Petsch said that on Monday he was in other communities and stated that Franklin Township Public Works did one heck of a job. Ms. Cindy Merckx, The Sentinel, questioned the three resolutions on the agenda awarding contracts, noting that no amounts were indicated in the resolutions, and she wondered what those amounts would be. Mrs. Carder said they are individual line items and the Clerk has copies of the contracts. Mrs. Carder said there is no flat dollar amount as that is the type of contract it is, the price varies. Mrs. Carder advised that the prices are detailed out in the contracts that the Clerk has. Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried the Public Portion was ordered closed. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried the Public Hearing on Ordinance O-21-09 entitled “Ordinance Establishing The Salaries And Wages Of Municipal Officials And Employees Of The Township Of Franklin, County Of Gloucester In The State Of New Jersey” was ordered opened. Ciancaglini-yes Pfrommer-yes Petsch-yes Mr. Joe Nunes, 2200 Main Road, asked what year this was for and does it include the raises. Mayor Petsch stated the Ordinance was for 2009 and explained that there are salary ranges, it does include the raises, but this is ranges, not the exact amount. He reviewed the discussions on the 3.5% that was appropriated in the budget; they took the evaluation approach and would base the raises on the performance and merit. Mayor Petsch advised that the evaluations are completed, the raises have been given out, some department heads are close to the top, some are at zero percent. The average of the increases was 1.76%. Ms. Linda Sendelofsky said everyone in this Township seems to get raises, while we are struggling to pay taxes, some of us have no medical, and you don’t seem to care. In bad times, you are giving out raises. Mayor Petsch stated that the last two mayors gave out blanket 3.5% raises in the same economy with no evaluations. Every salaried employee was evaluated, some got zero percent, not one got 3.5%. Mayor Petsch said we care about people who are performing and we care about the taxpayers, the employees were held accountable. Mrs. Pfrommer said she pays taxes here, we all live here. Mayor Petsch said we respect your point, he does understand. Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried the Public Hearing on Ordinance O-21-09 was ordered closed. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mr. Ciancaglini seconded by Mrs. Pfrommer and carried Ordinance O-21-09 entitled “Ordinance Establishing The Salaries And Wages Of Municipal Officials And Employees Of The Township Of Franklin, County Of Gloucester In The State Of New Jersey” was ordered adopted. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried the Public Hearing on Ordinance O-22-09 entitled “Ordinance Amending Chapter 4 §4-5H; Chapter 21 §21-1A; Chapter 21 §21-1B; Chapter 106 §106-3A; Chapter 106 §106-4A; Chapter 106 §106-5A And Chapter 106 §106-5B Of The Franklin Township Code In Order To Conform the Municipal Ordinances To The Requirements Of The Most Recent Audit” was ordered opened. Ciancaglini-yes Pfrommer-yes Petsch-yes No comments were received from the public. Upon motion by Mrs. Ciancaglini seconded by Mrs. Pfrommer and carried the Public Hearing on Ordinance O-2209 was ordered closed. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried Ordinance O-22-09 entitled “Ordinance Amending Chapter 4 §4-5H; Chapter 21 §21-1A; Chapter 21 §21-1B; Chapter 106 §106-3A; Chapter 106 §106-4A; Chapter 106 §106-5A And Chapter 106 §106-5B Of The Franklin Township Code In Order To Conform the Municipal Ordinances To The Requirements Of The Most Recent Audit” was ordered adopted. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mr. Ciancaglini seconded by Mrs. Pfrommer and carried Resolution R-289-09 entitled “Resolution Of The Township Of Franklin, County Of Gloucester, State Of New Jersey, Designating Property As An Area In Need Of Redevelopment In Accordance With N.J.S.A. 40A:12A-1, et seq.” was ordered adopted. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried Resolution R-276-09 entitled “Resolution Awarding A Contract To Aramark Uniform Services For Department Of Public Works Uniforms” was ordered adopted. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mr. Ciancaglini seconded by Mrs. Pfrommer and carried Resolution R-277-09 entitled “Resolution Awarding A Contract To Garden State Cleaners & Dyers” was ordered adopted. Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried Resolution R-278-09 entitled “Resolution Awarding A Contract To First Due Emergency Supply Company” was ordered adopted. Ciancaglini-yes Pfrommer-yes Petsch-yes Mr. Atkinson arrived at this point. Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried Resolution R-279-09 entitled “Resolution Canceling Reserve For Senior Citizen Bus Insurance Claim” was ordered adopted. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mr. Atkinson seconded by Mrs. Pfrommer and carried Resolution R-280-09 entitled “Resolution Canceling Balances In The 2009 Budget” was ordered adopted. (Deerwoods) Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Atkinson and carried Resolution R-281-09 entitled “Resolution Relative To Audit Controls Required For The Issuance Of Statutory Bonds By the Municipal Excess Liability Joint Insurance Fund” was ordered adopted. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mr. Atkinson seconded by Mr. Ciancaglini and carried Resolution R-282-09 entitled “Resolution Authorizing The Execution Of A Special Emergency Note In The Amount Of $52,000 (Fifty Two Thousand Dollars) Pursuant To N.J.S.A. 40A:4-55” was ordered adopted. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mr. Ciancaglini seconded by Mrs. Pfrommer and carried Resolution R-283-09 entitled “Resolution Declaring A State Of Emergency, Authorizing Temporary No Bid Contracts And Authorizing The Letting Of Bids For Emergency Back Up Snow Removal Services” was ordered adopted. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mr. Atkinson seconded by Mr. Ciancaglini and carried Resolution R-284-09 entitled “Resolution Canceling Balances Of Various Line Items In The 2009 Budget” was ordered adopted. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mrs. Pfrommer seconded by Mr. Atkinson and carried Resolution R-285-09 entitled “Resolution Authorizing The Treasurer Of The Township Of Franklin To Transfer Certain Funds From And To Specific Accounts In The 2009 Budget Of The Township of Franklin” was ordered adopted. Mr. Ziegler advised that R-286-09 Authorizing A Closed Session Meeting was not needed. Upon motion by Mrs. Pfrommer seconded by Mr. Atkinson and carried Resolution R-287-09 entitled “Resolution Approving The Person To Person And Place To Place Transfer Of Liquor License 0805-33-011-008 Maria’s Italian Bistro, LLC To R.C. Restaurant Enterprise, LLC” was ordered adopted. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Upon motion by Mr. Ciancaglini seconded by Mr. Atkinson and carried Resolution R-288-09 entitled “Resolution Authorizing The Release Of The Performance Guarantee Posted For Block 103, Lot 13” was ordered adopted. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Mr. Ziegler explained that the possibility for the closed session was that additional litigation had been filed in federal court, it has been referred to JIF and MEL, we have not yet heard back from the MEL and we have not yet been served. Mr. Ziegler stated at this point we are not in a position to discuss it, and we are waiting for coverage determination. Mr. Atkinson reported he attended a Finance Committee meeting where they looked at the year-end budget. Mr. Ciancaglini felt the Road Department did a heck of a job during the recent snowstorm, and they spent a lot of hours on the job. Mrs. Pfrommer also felt that our Road Dept. did a tremendous job on Township roads, and that other towns were atrocious. She wished everyone a Happy New Year. Mr. DiGiorgio said he would like to echo that Public Works issue, stating he would gladly shovel his driveway entrance again to have his roadway clean. He applauded the Public Works employees for doing a heck of a job. Mr. DiGiorgio applauded the Department Heads and Finance Committee for money saved and line items cancelled. Everybody exercised restraint and was frugal, and he felt we ran the government as efficiently as we could. He also noted that Williamstown Road striping is scheduled with Asphalt Paving, they are just waiting on the weather. Upon motion by Mrs. Pfrommer seconded by Mr. Atkinson and carried the second Public Portion was ordered opened. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Mr. Joe Nunes noted that the Salary Ordinance only gives a range and does not tell him how much the employees are being paid, and asked why not tell the exact amount an individual is being paid. Mayor Petsch replied they are two different things, this Ordinance establishes a low and high end, as each of these employees are in different years of service; we are not establishing their contractual amount, we are establishing a range. Mayor Petsch asked the Solicitor if we are correct in establishing this range, and then specifying the exact amount in their contracts. Mr. Ziegler answered yes. Mr. Nunes wanted to know when he would be able to obtain exactly what these employees are being paid so he could compare with 2008. Mr. Ziegler replied that he could request the information with an OPRA request to the Township Clerk. Mr. Joe Ricco, 132 Whitetail Pass, appeared to ask for an update from the Administrator on any correspondence on the Deer Meadow development. Mr. DiGiorgio advised we did have conversations with TD Bank, but they can’t help us now because they don’t have access to the properties. There has been some movement with Signature Homes with involuntary bankruptcy. The Township has gotten some quotes on options for those properties, sealed or fenced. We are waiting to see about the foreclosure proceedings as they have been postponed until the first week of January, then the Committee will make a decision on how to secure the properties. Mr. Ziegler advised that the Zoning Officer should have issued notices. Mr. DiGiorgio replied that the Zoning and Construction Officials did send violation notices. Mr. Ziegler stated the fining process starts, then the Township goes in to do the work and puts liens on the properties and eventually the Township gets paid back. Mr. DiGiorgio noted that they are not current on taxes. Mr. Ziegler advised that TD Bank will eventually start foreclosure process and he has a feeling that Signature Homes will voluntarily deed the properties over. Hopefully someone will buy those properties, develop them and then you would have a finished development. Mayor Petsch advised that it was the developer’s responsibility to plow the snow, but our Department of Public Works did the plowing and the developer will be charged. The Township plowed in the interest of public safety. Upon motion by Mrs. Pfrommer seconded by Mr. Ciancaglini and carried the second public portion was ordered closed. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Mayor Petsch reported on the transfer of funds to the 2010 budget and thanked each Department for minimizing their expenditures this year. Mayor Petsch advised we are transferring over $300,000 to the 2010 budget. All year long the emphasis was on saving money. Our legal fees in the 2009 budget were $100,000 less than the previous year, and are transferring an additional $36,000 out of legal fees. He said that this is a direct result of each department preparing their own resolutions. The net gain is $163,000 in legal fees that was not expended. Mayor Petsch stated that this administration is well aware of how tight this economy is and is doing everything they can to save. Mayor Petsch announced that Reorganization will be on Friday January 1 st, 2010 at 1:00 p.m. Upon motion by Mr. Atkinson seconded by Mrs. Pfrommer and carried the wrap-up meeting was ordered adjourned at 5:40 p.m. Atkinson-yes Ciancaglini-yes Pfrommer-yes Petsch-yes Respectfully submitted, Carolyn Toy Township Clerk