The Minutes of the Official Meeting of the Township Committee of the Township of Cranford, County of Union, State of New Jersey on November 27, 2007 at 8:00 p.m. in Council Chambers. THIS MEETING IS IN COMPLIANCE WITH THE “OPEN PUBLIC MEETINGS ACT” AS ADEQUATE NOTICE OF THIS MEETING HAS BEEN PROVIDED BY MAILING THE ANNUAL SCHEDULE OF MEETINGS TO THE CRANFORD CHRONICLE, THE CRANFORD EAGLE, 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: Absent: Mayor Michael A. Plick Deputy Mayor Robert I. Puhak Commissioner David W. Robinson Commissioner George J. Jorn Commissioner George T. McDonough None There were sixty-five (65) members of the public present. Leslie Murray represented the Cranford Chronicle and Paul Greulich represented the Cranford Eagle. INVOCATION AND FLAG SALUTE The invocation was led by Deputy Mayor Puhak, followed by the flag salute led by Girl Scout Troop #511. PAYMENT OF BILLS On motion of Commissioner Robinson, seconded by Commissioner McDonough and passed, the bills were approved for payment by recorded vote. Said bills, totaling $514,845.93 are on file in the Office of the Township Clerk. Recorded Vote: Aye: Deputy Mayor Puhak, Commissioners Robinson and McDonough Nay: None Abstained: None Absent: Mayor Plick and Commissioner Jorn MINUTE APPROVAL On motion of Commissioner McDonough, seconded by Commissioner Robinson and passed, the minutes of the Workshop and Official Meetings of November 12, 2007, were approved by the indicated vote of the Township Committee: Recorded Vote: Aye: Deputy Mayor Puhak, Commissioners Robinson and McDonough Nay: None Abstained: None Absent: Mayor Plick and Commissioner Jorn POLICE DEPARTMENT ANNOUNCEMENTS Chief of Police Eric G. Mason made the following announcements: Police Department Awards Program Captain John C. Baer Officer Brian J. Wagner Officer Donald P. Zsak Detective Sergeant Gerard P. Quinn Officer Brian M. Lopez Detective Sergeant Craig L. Marino Officer John J. Rattigan School Crossing Guard Rosemary Corbisiero FIVE MINUTE RECESS INFORMAL MEETING - None ORDINANCES – Final Reading and Public Hearing Ordinance No. 2007-37: The Township Clerk read by title only Ordinance No. 2007-37 entitled, “AN ORDINANCE AMENDING SECTIONS 98-5 AND 98-22 OF CHAPTER 98, “DOGS AND OTHER ANIMALS” OF THE REVISED ORDINANCES OF THE TOWNSHIP OF CRANFORD, NEW JERSEY (1988), TO INCREASE CERTAIN LICENSING FEES.” Said ordinance having been advertised and posted in accordance with law, Commissioner Robinson opened the public hearing. Hearing no comments, Commissioner Robinson closed the public hearing. 11/27/2007 2 On motion of Commissioner Robinson, seconded by Commissioner McDonough and passed, said ordinance was adopted by the indicated vote of the Township Committee. Recorded Vote: Aye: Deputy Mayor Puhak, Commissioners Robinson and McDonough Nay: None Abstained: None Absent: Mayor Plick and Commissioner Jorn RESOLUTIONS – By Consent Agenda Deputy Mayor Puhak, seconded by Commissioner McDonough and passed, the following resolution were adopted by consent agenda: Resolution No. 2007-334: BE IT RESOLVED, by the Township Committee of the Township of Cranford, at a meeting held November 27, 2007 that the resignation of Salvatore Angilletta as Communications Officer of the Cranford Police Department be and hereby is accepted, with regrets, effective immediately. Resolution No. 2007-335: BE IT RESOLVED, by the Township Committee of the Township of Cranford, at a meeting held November 27, 2007 that the resignation of Richard Raymond as Full Time Emergency Medical Technician within the Emergency Management Services division of the Police Department, be and hereby is accepted, with regrets, effective immediately. Resolution No. 2007-336: BE IT RESOLVED by the Township Committee of the Township of Cranford at a meeting held November 27, 2007 that Kelly A. Rieder and Eugene J. Perrotta be, and hereby are, advanced to 1st Grade Patrolman in the Cranford Police Department effective December 31, 2007; and Resolution No. 2007-337: BE IT RESOLVED by the Township Committee of the Township of Cranford at a meeting held November 27, 2007 that Maureen Ray be, and hereby is, appointed as Deputy Tax Collector in the Tax Collector’s Office, effective immediately. Resolution No. 2007-338: RESOLUTION OF THE TOWNSHIP OF CRANFORD, COUNTY OF UNION, STATE OF NEW JERSEY, AUTHORIZING THE SETTLEMENT OF THE CASE CAPTIONED PATRICK CALELLA, ET AL. V. BURGDORFF REALTORS ERA, ET AL., DOCKET NO. UNN-1506-05, SUPERIOR COURT, LAW DIVISION WHEREAS, the Township of Cranford, named as a defendant in the case captioned Patrick Calella, et al. v. Burgdorff Realtors ERA, et al., Docket No. UNN-1506-05, Superior Court, Law Division, has reached a tentative settlement with the plaintiffs; and WHEREAS, the settlement requires the approval of the Township Committee of the Township of Cranford; and WHEREAS, the settlement has been recommended by the Township Engineer and Township Attorney and will save the costs of a lengthy trial; and WHEREAS, the settlement will be in the best interest of the Township and its residents; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Cranford, County of Union, State of New Jersey, that the settlement of the above-described case is hereby approved subject to the following terms and conditions: 1. The Township through its Department of Public Works will construct a new raised sidewalk adjacent to the Calellas' property on Hamilton Street, which will consist of removing the existing sidewalk and constructing a new one to be raised above the present grade by 4 to 6 inches, to be paved with asphalt. Construction of the new sidewalk is not a guarantee that future water accumulation and/or flooding will not occur on the Calellas' property. 2. The Calellas agree not to demand a date certain for the start of construction of any storm water drainage project that may have been proposed for the area surrounding their property. 3. The Calellas are barred from filing any future claim or lawsuit against the Township of Cranford on any issue raised or involved in the subject litigation. 4. The Calellas may consult with the Township Engineer concerning any proposals to erect or construct a low retaining wall around their property. 5. The Calellas agree to execute a general release, including releasing the Township from any and all claims or causes of action arising from, out of or because of the allegations set forth in the complaint. Resolution No. 2007-339: BE IT RESOLVED by the Township Committee of the Township of Cranford that the Mayor and Township Clerk be, and hereby are, authorized to execute an Interlocal Services agreement with the County of Union for the replacement of a sanitary sewer siphon in connection with the replacement of the Springfield Avenue Bridge. 3 11/27/2007 Resolution No. 2007-340: BE IT RESOLVED by the Township Committee of the Township of Cranford on the 27th day of November 2007 that the Tax Collector be and hereby is authorized to expunge the following 2006/2007 real estate taxes for reasons noted and to refund overpayments if warranted: 100% Disabled Veteran-As of October 16, 2007 Block 579 lot 3 Brower, James 587 Ludlow Ave. Duplicate/Overpayments Block 508 lot 018 C04 Trawinski, Gregory 87 Centennial Ave. C04 To be expunged $1694.92 Amount of Refund $ 1397.00 Block 508 lot 018 C02 Kassabian, Sara 83 Centennial Ave. $ 1937.99 Block 400 lot 1 Bradley Realty LLC 50 South Ave W. $ 6614.69 Block 403 lot 38 Potenciano, Peter 7 Johnson Ave. $ 71.08 Resolution No. 2007-341 WHEREAS, the Township Committee of the Township of Cranford has undertaken a Stormwater Management Project, Phase II A, involving the installation of a Pump Station; and WHEREAS, Public Service Electric and Gas (PSE&G) Company has submitted a proposal dated November 20, 2007; and WHEREAS, said proposal includes the following work: run a new service which includes replacing and installing 11 poles, 1,100 feet of spacer cable and installing a 750 KVA pad mount transform to the Cranford Pump Station; and WHEREAS, N.J.S.A. 40A: 11-5 et seq. (the Local Public Contracts Law) provides that any contract amount of which exceeds the bid threshold may be awarded by the governing body without publicly advertising for bids and bidding and allows a governing body to make the award of contract by resolution; and WHEREAS, PSE&G’s proposal qualifies under the exception from public advertising for bids and bidding pursuant of N.J.S.A. 40A: 11-5 (f) as this work is subject to the jurisdiction of the Board of Public Utilities, in accordance with tariffs and schedules or charges made, charged or exacted and filed with the board; and WHEREAS, the Finance Director and the Chief Financial Officer have certified to the availability of funds pursuant to N.J.A.C. 5:30-5.4. NOW THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Cranford authorize a contact by purchase order to Public Service Electric & Gas Company, 900 West Grand Avenue, Elizabeth NJ 07202 in the total amount of $92,833.00. Resolution No. 2007-342: BE IT RESOLVED that the Township Committee of the Township of Cranford hereby authorizes the binding of a fully insured 2008 prescription drug coverage plan for active employees with Horizon Blue Cross Blue Shield of New Jersey per its November 5, 2007 proposal. BE IT FURTHER RESOLVED that the Township Committee of the Township of Cranford authorizes the Township Administrator to execute any required documents in connection with securing said insurance coverage. Recorded Vote: Aye: Deputy Mayor Puhak, Commissioners Robinson and McDonough Nay: None Abstained: None Absent: Mayor Plick and Commissioner Jorn PUBLIC COMMENTS Deputy Mayor Puhak opened the public comments portion of the meeting and asked if there were any questions or comments. Joseph Muratore, 106 Kenilworth Boulevard, spoke in opposition to the cell antenna tower that is being proposed at the Cranford Swim Club. Discussed a law that prohibits the placement of such towers within 11/27/2007 4 390 feet of the nearest residential property. Expressed concern regarding the potential impact this could have on property values. Explained that residents have hired an attorney to assist them with this issue. Feels the Township Committee should designate specific areas within the Township, such as industrial areas, for these types of towers. Also urged members of the Swim Club to voice opposition to proposal. Deputy Mayor Puhak reminded residents that the Township Committee is prohibited from commenting on issues that are currently before the Board of Adjustment. Township Attorney Woodward discussed the need for residents to speak before the Zoning Board of Adjustment, explaining that that is where their voices would be most effective. Discussed Federal Communications Commission (FCC) regulations and the local land use law in connection with the construction of cell phone antennas. Explained that any owner of private property can request a variance from the Board of Adjustments at any time. Discussed the quasi-judicial made up of the Zoning Board of Adjustment and the application process that must be followed. Commissioner McDonough stated that he has consulted legal counsel on this matter who advised him that he could provide comment on the issue. Stated that he agrees with the residents and is looking forward to joining forces with them next year. Jack Schuvart, 40 Manitou Circle, Westfield, questioned why it is the responsibility of residents to hire an attorney to protect them from existing laws. Feels that the applicant is requesting that three (3) to four (4) existing laws be changed or altered to support its application. Commissioner McDonough explained that the applicant is not requesting that laws be changed, but is seeking variances from the existing land development ordinance. Discussed the variance process. Reminded residents that the Township Committee appoints the members of the Board of Adjustment. Mr. Schuvart discussed financial and emotional stress residents are facing because of this application. Donald Graham, 30 Nomahegan Court, feels it is unfair that the proceeds from the cell antenna would be paid to a private club. Feels the proceeds should benefit the Township. Commissioner McDonough discussed a previous proposal to place a cell tower on the property located behind the municipal building. Stated that residents living on Forest Avenue were opposed to this proposal and voiced their opinions, which resulted in the Township Committee’s decision to reject the proposal. Genny Schuvart, 40 Manitou Circle, Westfield, stated that other municipalities have formed committees to investigate which locations within a municipality would be appropriate for these types of structures. Feels Cranford should form such a committee. Questioned the validity of zoning ordinances if they are not enforced to protect residents. Myron Borden, 3 Nomehegan Court, feels the matter should be investigated by the Township Committee to prevent this from happening in other neighborhoods. Discussed the process involved with obtaining a variance. Feels the ten (10) day time frame in which applicants have to notify residents is insufficient. Feels thirty (30) days notice should be required. Suggested the Township Committee adopt an ordinance to change the noticing requirements. Township Attorney Woodward agrees that ten (10) days notice is insufficient when receiving notice of an application for a variance. Explained that under the State Municipal Land Use Law, ten (10) days is considered adequate notice and Cranford cannot override a State law. Encouraged residents to contact legislatures and request a change to the noticing requirements. Alvin Rotker, 64 Manitou Circle, Westfield, explained that the applicant is proposing the installation of a 130-foot cell tower fourteen (14) feet from a residential neighborhood. Feels the Township should be aware of the adverse reaction of residents to this application. Audrey Muratore, 106 Kenilworth Boulevard, discussed the first submission of the cell antenna tower application in 2005 by the Cranford Swim Club. Feels it is unfair that the residents were given ten (10) days notice when this has been occurring for two (2) years. Stated that there are ninety-two (92) cell tower structures located within six (6) miles of the Cranford Swim Club. Expressed concern regarding the affects the structure will have on property values. Feels this issue is a conflict of interest for Mayor Plick and Commissioner Robinson, as they both members of the Cranford Swim Club. Provided a website address for residents to sign a petition in opposition to this matter. Commissioner Robinson agrees that there is a conflict. Stated that he was unaware of the application until it was presented to the Zoning Board of Adjustment. Rita LaBrutto, 104 Arlington Road, discussed the County report in connection with the cell antenna application. Stated that the Zoning Office does not have a copy of the report and she had filed an Open 11/27/2007 5 Public Records Act (OPRA) request with Union County for a copy. Feels the County should provide the Zoning Board of Adjustment with a copy of the report. Commissioner McDonough believes that the County report that Ms. LaBrutto is referring to could be obtained from either the County Engineering Department or the County Planning Department. Stated that Freeholder B.J. Kowalski has expressed opposition to the application and mentioned the reasons why. Carlos Collazo, 68 Manitou Circle, Westfield, discussed the permitted use of the Swim Club’s property. Feels the installation of a cell tower would not be beneficial to the public or in the best interest of the publics’ welfare. Questioned why the property owner of the Swim Club has not sought other uses for the property. Michael Shuvart, 40 Manitou Circle, Westfield, discussed the Cranford Environmental Commission’s report in connection with the proposed cell tower. Stated that the Environmental Commission’s report indicated opposition to the proposal. Hearing no further comments, Deputy Mayor Puhak closed the public comment portion of the meeting. PROFESSIONAL COMMENTS - None COMMISSIONER REPORTS/COMMENTS Commissioner George T. McDonough Discussed the local legislators that represent Cranford. Also discussed the Bill of Rights and the 10th amendment. Agrees with Mr. Borden that the ten (10) day notice requirement is insufficient. Explained that most of the Land Use laws were created to expedite the development process. Discussed his neighborhood’s opposition to the construction of a supermarket several years ago and the applicant’s ultimate withdrawal of its application because of the amount of opposition. Urged residents to continue fighting this issue. Commissioner David W. Robinson Discussed the cell antenna application, explaining that the Township Committee is not the deliberative body on this matter. Discussed an application in connection with Birchwood Avenue that was before the Planning Board, explaining that the application was withdrawn because of the amount of community opposition. Stated that residents will have another opportunity to voice their concerns in connection with the cell antenna tower to the Zoning Board of Adjustment; Discussed the 2008 municipal budget and provided an update as to the projected increases in mandated spending. Pension costs will increase $660,000, debt service will increase $400,000, RVSA expenses will increase $600,000 and library funding will be increased by over four (4%) percent. The total amount of mandated expenses that will be applied to the 2008 municipal budget is approximately $2 million; Discussed the savings in connection with prescription plan coverage, stating that Horizon Blue Cross/Blue Shield proposed a 6.99% increase while the current prescription carrier proposed a 9.5% increase in 2008; Discussed the Township’s attempt to achieve savings in connection with the health benefits plan. Explained that last year the employee co-pay for health services was increased from five dollars ($5) to ten dollars ($10), which would have resulted in approximately $30,000 in savings to the Township. However grievances were filed by various bargaining units because of the increase and legal counsel felt that the Township Committee would not be successful if it opposed the grievances; Discussed the Request for Proposals/Request for Qualifications process in connection with legal services and auditing services. Stated that as a result of this process, the Township realized a significant savings in legal expenses last year. Read the list of services that are eligible for this process and urged professionals to participate. Also provided contact information for interested professionals. Deputy Mayor Robert I. Puhak Provided an update regarding the Rahway Valley Sewerage Authority (RVSA). Informed residents that RVSA rescinded its resolution to solicit RFPs for legal services in connection with privatization. Feels that this action allows for a more prudent time frame to determine whether or not privatization would be appropriate and beneficial; Provided an update regarding flood control funding. Explained that he has been in contact with a staff specialist from Senator Lautenberg’s Office who indicated that the bill would begin the appropriation process in early 2008. Stated that the Army Corp of Engineers will assist Cranford in determining the amount of appropriations to request for the first fiscal year. The Senate’s office would then work with the Army Corp of Engineers to determine which projects should move forward. Explained that if Cranford is eligible to receive funding for the 2009 fiscal year, the money would be not be available until this following spring; Announced that the Downtown District Management Corporation is hosting a public meeting in connection with the Riverfront Redevelopment Project on Wednesday, November 28, 2007 at 6 11/27/2007 7:00 PM in Council Chambers, and will be aired on TV 35. Explained that this meeting is an important opportunity for the public to ask questions and provide input; Announced that the Board of Education/Municipal Alliance will be hosting a public forum on Monday, December 3, 2007 at Lincoln Avenue School. Stated that the topic of discussion would be the New Jersey State School Funding Formula. All three (3) State legislatures were invited to attend; Informed residents that the 2008 appointment process for various boards and committees is underway. Encouraged residents to volunteer. Provided contact information for interested residents. On motion of Commissioner McDonough, seconded by Commissioner Robinson and passed, the Township Committee adjourned at 9:17 PM. Respectfully submitted, __________________________ Tara Rowley, RMC Township Clerk Date: November 27, 2007