The Minutes of the Workshop Meeting of the Township Committee of the Township of Cranford, County of Union, State of New Jersey on April 27, 2009 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: Absent: Mayor David W. Robinson *Deputy Mayor Mark C. Smith Commissioner Mark P. Dugan *Commissioner Martha Garcia Commissioner Daniel J. Aschenbach None *Deputy Mayor Smith arrived at 8:40 PM. *Commissioner Garcia arrived at 8:40 PM. There were forty (40) members of the public present. Leslie Murray represented the Cranford Chronicle. PAYMENT OF BILLS Commissioner Dugan questioned the bill pertaining to the Bicycle Rodeo held by the Cranford Police Department. Township Administrator Schmid stated that the Bicycle Rodeo program is done to promote bicycle safety. Also stated that she would follow up with the Police Department as to program specifics. Further discussion to be held during the April 28, 2009 Conference Meeting. Commissioner Aschenbach suggested the Police Department provide a report as to the success of the program to determine its value. Mayor Robinson seeking status of payments made to T&M Associates. Finance Director Grady to follow up. Mayor Robinson discussed payment to General Code. Seeking clarification regarding editorial work that was conducted by General Code. Township Clerk Rowley discussed the process involved with codification. Mayor Robinson also informed Finance Director Grady that shade tree costs included in the bill list were miscoded. Finance Director Grady to correct. PUBLIC COMMENTS Mayor Robinson opened the public comments portion of the meeting and asked if there were any questions or comments. Charlie Baniewicz, 142 Hillcrest Avenue, discussed a proposed increase in the Downtown District Management Corporation (DMC) budget. Feels it is unnecessary. Discussed advertising costs and feels a reduction in cost could be realized if circulation of the downtown magazine were decreased. Mayor Robinson discussed the proposed increase in the DMC budget. Also discussed the proposed tax rate in comparison to previous SID tax rates. Forest Honeywell, Teamsters Local 469, DPW, feels the public comment portion of the meeting does not provide employees with an opportunity to respond to the discussion held by the Township Committee. Also discussed issues with recommendations to have the Department of Public Works (DPW) absorb responsibilities currently being handled by outside contractors. Mayor Robinson addressed Mr. Honeywell’s concerns with respect to DPW staffing. Also informed Mr. Honeywell that there is a second opportunity for public comment at the end of each Workshop Meeting. 4/27/09 2 Todd Weiland, 108 Ridgefield Avenue, Madison NJ, commended Township employees for their efforts with respect to the budget. Feels a reduction to the Police and Fire Departments would be detrimental to the Township. Also feels that all the departments in the Township are essential and expressed the need for unity. Mentioned that DPW staff could not maintain its responsibilities with a reduction in staff. Also mentioned that DPW staff is on call twenty-four (24) hours per day. Discussed the Township Committee’s goal of achieving a zero percent increase tax increase. Feels it may not be in the Township’s best interest and would have a significant impact on employees and their families. Mayor Robinson recognized the valuable work of the Department of Public Works. Assured residents and employees that this is not a performance based review. Also explained that Rice Notices are required by law when discussing personnel matters. Assured the public that the Township Committee is not taking any reductions lightly. Hearing no further comments, Mayor Robinson closed the public comment portion of the meeting. Review April 28, 2009 Official Meeting Agenda Resolution No. 2009-159: Mayor Robinson discussed Resolution No. 2009-159 which accepts the resignation of Roman Chapelsky as a Class A member of the Historic Preservation Advisory Board and the mayoral appointment of Ronald Meeks to fill the unexpired term. Resolution No. 2009-165: Township Clerk Rowley informed the Township Committee of the addition of Resolution No. 2009-165 to the official meeting agenda. Said resolution authorizes an award of contract to Cifelli & Son General Construction in connection with the Safe Routes to School 2008 Program. The Township Committee was agreeable to the addition of Resolution No. 2009-165 to the April 28, 2009 Official Meeting Agenda. Ordinance No. 2009-27: Discussion held regarding Ordinance No. 2009-27 which establishes a fee for zoning permits. Construction Code Official Belluscio informed the Township Committee that there are issues with language included in the ordinance that he needs to discuss with Township Attorney Woodward. Township Committee consensus to remove Ordinance No. 2009-27 from the official meeting agenda. Ordinance No. 2009-28: The Township Committee discussed Ordinance No. 2009-28 which authorizes an amendment to parking fines. Attorney Fisher informed the Township Committee that the current fines could not be located within the Township’s Code and that further research is needed before Township Attorney Woodward can draft an ordinance. Township Administrator Schmid to contact Court Administrator Powell for information pertaining to parking fines. On motion of Commissioner Dugan, seconded by Commissioner Aschenbach and passed, the following resolution was adopted by roll call vote: Resolution No. 2009-96.19: BE IT RESOLVED that the Township Committee will go into closed session at 8:00 PM to discuss personnel, legal and contractual matters in connection with the 2009 Municipal Budget, the minutes of which will be released at some time in the future at the discretion of the Township Committee: Recorded vote: Aye: Mayor Robinson, Commissioners Dugan and Aschenbach Nay: None Abstained: None Absent: Deputy Mayor Smith and Commissioner Garcia On motion of Commissioner Dugan, seconded by Commissioner Garcia and passed, the Township Committee returned to open session at 9:20 PM. 4/27/09 3 2009 Municipal Budget On motion of Commissioner Dugan seconded by Deputy Mayor Smith and passed, a Special Meeting of the Township Committee was scheduled for Tuesday, May 5, 2009 from 7:30 PM to 9:00 and Monday, May 18, 2009 from 7:30 PM to 10:00 to discuss the 2009 Municipal Budget. Recorded vote: Aye: Mayor Robinson, Deputy Mayor Smith, Commissioners Dugan, Garcia and Aschenbach Nay: None Abstained: None Absent: None 2009 Capital Budget Mayor Robinson discussed the amount being considered for the capital budget. Deputy Mayor Smith discussed road improvements needed as per the Township Engineer. Discussed the need to maintain the roads and infrastructure. Discussion ensued. Discussion held regarding the potential for obtaining Stimulus funds for road improvements. Discussion held regarding the paver replacement program and improvements to the parking garage elevator. Mayor Robinson requested a list of pending engineering projects that have been funded. Commissioner Aschenbach seeking clarification as to the priority of the pending projects. Township Engineer Marsden provided clarification with respect to pending projects such as a gage station and the Hillside Avenue Tunnel. Finance Director Grady to provide a list of funded projects for discussion at the Township Committee meeting. Mayor Robinson discussed the Recreation and Parks capital budget, stating that most items have been eliminated from the 2009 budget with the exception of the Cranford West oil tank. Explained that this item would be funded through the Enrichment Grant program. Discussion held regarding the Fire Department’s capital budget and the fact that grant funding was obtained for turnout gear. Fire Chief Dolan mentioned that funding has also been requested for hose dryers. Discussion held regarding the Construction Code capital budget. Further discussion May 11, 2009. 2009 DMC Budget Michael Plick, DMC Chairperson, discussed the need for the Township to maintain its downtown area in order to attract and market tenants. Explained that the proposed DMC Budget is a decrease in comparison to 2008 actual spending, and stated that the increase in the Special Improvement District’s (SID) tax rate is attributed to assessments. Also discussed the salary and wage budget being proposed and the marketing/communications budget. Also discussed maintenance costs for the downtown and the paver replacement program. Discussed lawsuits that could result if pavers are not maintained. Mayor Robinson discussed the funding of a Department of Public Works (DPW) employee in connection with downtown maintenance. Commissioner Dugan discussed basic municipal services provided by DPW versus additional service being sought by the DMC. DMC Director Prunty discussed the downtown magazine distributed to various municipalities. Explained that the magazine was started to provide an affordable marketing tool for businesses. Mr. Plick discussed electronic advertising and the DMC’s plan to transition to electronic advertising. 4/27/09 4 DMC Director Prunty discussed efforts to recruit subscribers to the magazine and the e-newsletter. Discussed the importance of promoting the downtown. Commissioner Dugan feels the salary budget is disproportionate to the marketing budget. Discussed responsibilities of the DMC outlined in the SID ordinance. Discussion held regarding the property owners dissatisfaction with the SID tax. Commissioner Garcia discussed the potential for reducing distribution of the downtown magazine to two (2) publications per year and have businesses advertise in the newspaper during the holiday season. DMC Director Prunty discussed the fact that the magazine focuses on downtown Cranford and the newspaper does not provide the same focus. Referred to discussion that was held concerning property owners’ dissatisfaction with the SID tax. Feels it is unfair to say that all the property owners are dissatisfied and discussed new businesses that have invested in the downtown. Charlie Baniewicz, 142 Hillcrest Avenue seeking clarification regarding the proposed increased budget for marketing. DMC Director Prunty explained that postage costs have attributed to the increase in the cost associated with the magazine. Mr. Baniewicz also discussed the SID tax rate that included debt service payments. Paul LaCorte, DMC member, feels dissatisfaction of downtown property owners is measured by the number of tax appeals filed. Discussed the need to continue to maintain the downtown. Mr. LaCorte also discussed the competition of businesses in surrounding municipalities and feels the need for marketing is important. DMC Director Prunty discussed the quarterly report of the DMC and the amount of revenue associated with zoning and construction code fees. Deborah Leber, DMC Member, discussed the DMC budget. Feels electronic advertising should be increased and the number of magazine publications should be reduced. Also discussed her concerns with the increase in the SID tax rate. Further discussion concerning the 2009 DMC Budget to be held May 11, 2009. Ordinances required for Tier A Municipalities Refuse Containers/Dumpsters and Private Storm Drain Inlet Retrofitting Township Engineer Marsden discussed storm water management requirements and the fact that Cranford is a Tier A municipality. Informed the Township Committee that ordinances regulating refuse containers and storm drain inlet retrofitting are required for Tier A municipalities. Township Attorney Woodward to prepare ordinances for introduction May 12, 2009. Proposed ordinance to amend various engineering permit fees Township Engineer Marsden discussed a proposal to increase engineering permit fees. Mayor Robinson seeking clarification as to the typical applicant for these types of permits. Township Engineer Marsden explained that a majority of the applicants are contractors, but some residents also submit applications. Deputy Mayor Smith expressed concern that residents would not obtain a permit if the increase in fees is too high. Township Engineer Marsden discussed enforcement if a resident fails to obtain a permit. Commissioner Dugan does not feel an increase in fees will have an impact on the 2009 budget. Also feels the service should be paid by the individual utilizing the service. Commissioner Aschenbach feels most residents own a home and pay for engineering through property taxes. Feels if an additional charge is required, residents will do work, perhaps incorrectly, without obtaining a permit. 4/27/09 5 Commissioner Garcia feels an increase is necessary, but also feels it should be incremental each year in order to avoid a large increase at one time. Commissioner Dugan suggested fees be raised to $50 as opposed to $100 as proposed. Further discussion May 11, 2009. Proposed elimination of the designation of Western Gateway as area in need of rehabilitation Deputy Mayor Smith discussed the designation of the Western Gateway as an area in need of rehabilitation. Feels the designation should be removed because of the cost and time involved with redevelopment. Mayor Robinson discussed the decision of the 2008 Township Committee to allow the zoning ordinance to govern the area on North Avenue and the fact that the rehabilitation designation for this area was rescinded. Deputy Mayor Smith also provided an update regarding the Master Plan. Discussed the Master Plan as it relates to the Western Gateway and explained that once the Master Plan is complete, it will govern the Western Gateway area. Commissioner Dugan and Commissioner Garcia support the proposal to eliminate the designation. Commissioner Aschenbach discussed the Walgreen’s project and feels it was successful because it was designated as an area in need of rehabilitation. Uncertain as to how adjacent areas would be impacted if the designation is rescinded. Further discussion May 11, 2009. Proposed resolution establishing a “No Net Loss of Trees” policy Deputy Mayor Smith discussed a proposed resolution establishing a policy whereby residents would voluntarily notify the Township when removing a tree from their property. The purpose of the policy would be to quantify the number of trees being removed within the Township. Upon receiving notification by the property owner, the Township may replace the tree either on the property suffering the loss or elsewhere in the Township. Commissioner Dugan expressed concern with the potential financial impact the policy would have to the Township. Deputy Mayor Smith explained that the Township would use discretion when replacing trees. The intent of the policy is to have no administrative burden. Commissioner Aschenbach feels the policy creates an administrative requirement because notification by the property owner would need to be recorded by the Township. Township Committee consensus to adopt the resolution on April 28, 2009. Proposed ordinance to repeal parking meters on Centennial Avenue Discussion held concerning the installation of parking meters on Centennial Avenue. Commissioner Aschenbach informed the Township Committee that he does not support the installation of parking meters on Centennial Avenue. Discussed issues he has with the area being metered for parking. Feels the Centennial Avenue business district is much smaller than the downtown area and does not have commuter parking issues that exist in the downtown area. Mayor Robinson discussed the decision to move forward with this initiative in 2008 because additional improvements to the Centennial Avenue area became necessary. Discussed anticipated revenue parking meters would provide and feels a source of revenue to fund these improvements is necessary. Email/Correspondence Proposed sign for Hanson park in connection with the Cranford Artist Studio Tour Resolution authorizing the placement of a sign on Hanson Park property to promote the Cranford Arts Studio Tour to be adopted April 28, 2009. Installation of vending machine by PBA Township Administrator Schmid discussed a request by the PBA for placement of a vending machine on the first floor of the municipal building near the Tax Collector’s office. 4/27/09 6 Discussion held. Commissioner Garcia does not support the proposed location for the machine. Suggested it be placed in another location on the ground floor. The Township Committee was agreeable to Commissioner Garcia’s suggestion. Township Administrator Schmid to contact the PBA and request that they determine a location on the ground floor for the machine. Request by Historic Preservation Advisory board for the printing of brochures and a sign for a table at the street fair Mayor Robinson discussed a request by the Historic Preservation Advisory Board for the Township to fund the cost to print brochures and to fund the cost of a sign for a table at the street fair. Township Administrator Schmid discussed the precedent that would be set if the request is granted. Also discussed the potential for setting a cap for these types of expenditures. Commissioner Garcia feels there are a number of committees that could request funds and is also concerned that a precedent would be set. Township Committee consensus not to fund request at this time. COMMISSIONER REPORTS Commissioner Garcia Discussed the open house that was held by the Recreation and Parks Department. Feels the staff did a great job, but the turnout was very low due to the weather. Stated that she is hopeful that another open house will be scheduled. PUBLIC COMMENTS Mayor Robinson opened the public comments portion of the meeting and asked if there were any questions or comments. Forest Honeywell, Teamsters Local 469, DPW, seeking clarification of the DMC budget with respect to downtown maintenance. Finance Director Grady discussed the cost for this service, stating that it is included in the DPW budget. Mayor Robinson discussed the allocation of the cost for downtown maintenance between DMC and DPW. Explained the need to reduce the DPW budget if downtown maintenance is no longer handled by DPW. Barbara Krause, 20 Pittsfield Street, commended the Township Committee for the decision to adopt a “No Net Loss of Trees” policy. Discussed her concern with the Pepperidge Tree and the need for preventative maintenance. Feels she may have found a tree expert that would provide this service “probono”. Mrs. Krause also provided an update regarding the Airplane Noise Advisory Committee. Township Administrator Schmid replied to Mrs. Krause’s comment concerning the Pepperidge Tree. Discussed an analysis that is being conducted and stated that DPW is expecting a report in approximately one week. Mrs. Krause offered to contact the tree expert if the report being expected by DPW is not received. The Township Committee was agreeable to Mrs. Krause offer, as it would serve as a second opinion to the report being provided to DPW. Hearing no further comments, Mayor Robinson closed the public comment portion of the meeting. On motion of Commissioner Dugan, seconded by Commissioner Garcia and passed, the following resolution was adopted by roll call vote: Resolution No. 2009-96.20: 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: 4/27/09 7 Contractual Matters NJ Transit Lease Agreement Phase 5A Northeast Quadrant Stormwater Management Project Legal Matters Cranford Development Associates v. Township of Cranford Lehigh Acquisitions v. Township of Cranford Pointe at Garwood Minute Review Closed Session Minutes of April 6, 13, 14, and 20, 2009 Recorded vote: Aye: Mayor Robinson, Deputy Mayor Smith, Commissioners Dugan, Garcia and Aschenbach Nay: None Abstained: None Absent: None On motion of Commissioner Dugan, seconded by Commissioner Garcia and passed, the Township Committee returned to open session at 12:35 AM. Minute Approval On motion of Deputy Mayor Smith, seconded by Commissioner Dugan and passed, the Closed Session Minutes of April 6, 13 and 20, 2009 were approved by indicated vote of the Township Committee. Recorded vote: Aye: Mayor Robinson, Deputy Mayor Smith, Commissioners Dugan, Garcia, and Achenbach Nay: None Abstained: None Absent: None On motion of Commissioner Dugan, seconded by Commissioner Garcia and passed, the Township Committee adjourned at 12:35 AM. Respectfully submitted, Dated: April 27, 2009 Tara Rowley, RMC Municipal Clerk