TOWNSHIP COMMITTEE MEETING
DECEMBER 12, 2005
The regular meeting of the Township Committee of the Township of Cranbury was held at 7:00 p.m. in the Town Hall Meeting Room. Answering present to the roll call was: Township Committee members: Thomas Panconi, Jr., Richard Stannard, David J. Stout, Pari Stave and Mayor Beauregard. Also present was: Trishka Waterbury, Esquire, Attorney, Thomas C. Witt, Acting Administrator and Kathleen R. Cunningham, Clerk. Mayor Beauregard led in the salute to the flag and Ms. Cunningham gave the following Open Public Meetings Act statement:
In accordance with Section 5 of the Open Public Meetings Act, it is hereby announced and shall be entered into the minutes of this meeting that adequate notice of this meeting has been provided:
(1) Posted on December 6, 2004 on the Bulletin Board of the Municipal
Office at 23-A North Main Street, Cranbury, New Jersey and remains posted at that location.
to the Cranbury Press, Home News Tribune and
(3) Was filed on December 6, 2004 with a Deputy Municipal Clerk at the Cranbury Municipal Office, 23-A North Main Street, Cranbury, New Jersey and remains on file for public inspection, and
(4) Sent to those individuals who have requested personal notice.
Committee Minutes of November 28, 2005
On motion by Ms. Stave, seconded by Mr. Panconi, the minutes of November 28, 2005 were unanimously adopted.
Reports and Communications
Mayor Beauregard reported she had received an invitation from The Golden Agers for a luncheon on Tuesday, December 13, 2005 and offered for anyone who was interested to take her place, as she would be not available to attend.
--Members of Committee
Mr. Panconi reported the Personnel subcommittee had met and they were on the Agenda for the Closed Session later in the meeting.
A motion to enter an Ordinance entitled, “Cranbury Township Ordinance # 09-05-24, AN ORDINANCE OF THE TOWNSHIP OF CRANBURY REPEALING IN ITS ENTIRETY CHAPTER 93 OF THE CODE OF THE TOWNSHIP OF CRANBURY AND REPLACING IT IN PART WITH NEW CHAPTER 21 IN PART I OF THE CODE, ENTITLED “HISTORIC PRESERVATION COMMISSION,” AND NEW CHAPTER 93 IN PART II OF THE CODE, ENTITLED “HISTORIC PRESERVATION”, was presented for second reading and final adoption. The Ordinance was published in the Cranbury Press, posted on the Township Bulletin Board and copies were available to the public. Mayor Beauregard indicated the Ordinance would not be in a position to be adopted before the end of this year due to the fact the Township Committee would not have enough time to incorporate the recommended changes by the Planning Board subcommittee. Mr. Stannard reported the recommended Ordinance changes had been discussed at length by the Planning Board (who also had made some changes) and felt the Ordinance should not be
“rushed” this year, to allow everyone to review the substantive changes and agree on those changes. The Planning Board had indicated the decision would rest with the Township Committee. Mayor Beauregard suggested two members of the Township Committee review and discuss the changes before the meeting in order to give the Township Attorney direction on drafting the new Ordinance for 2006 introduction. Mr. Stannard offered to speak with members of the Planning Board subcommittee, come up with recommendations and present them at the next meeting. Ms. Waterbury, Township Attorney, indicated whatever the Township Committee introduces next year will go back to the Planning Board for review. Messrs. Stannard and Stout will review the changes recommended and report back to the Township Committee. Mr. Stannard made a motion to adopt the Ordinance which was introduced and Mayor Beauregard then indicated, for lack of a second motion, this Ordinance died.
On motion offered by Ms. Stave, seconded by Mr. Stannard, the following Consent Agenda Resolutions were adopted by vote:
(Panconi Absent: (None
(Stave Abstain: (None
NOW, THEREFORE, BE IT RESOLVED, by
A RESOLUTION AUTHORIZING THE RELEASE OF A PERFORMANCE GUARANTEE FOR HOME DEPOT – PRIVATE IMPROVEMENTS
WHEREAS, by letter dated November 9, 2005, Prologis has requested the release of their performance guarantee previously posted with the Township in accordance with Planning Board approval and
WHEREAS, the Township Engineer has, in a letter dated November 11, 2005 (attached hereto as” Exhibit A”) recommended that the following performance guarantee be released:
Performance Bond $1,692,776.51
Cash $ 174,848.06 ($186,840.86 less $11,992.80
for Maintenance Bond)
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
It has reviewed, agrees with and hereby accepts all recommendations of the Township Engineer as set forth in “Exhibit A”.
1. It hereby authorizes the release of performance guarantees set forth in the Township Engineer’s letter referenced above.
2. The Township hereby accepts the public improvements, if any so designated pursuant to the Planning Board’s approval.
BE IT FURTHER RESOLVED that a copy of this Resolution, certified by the Township Clerk to be a true copy and forwarded to each of the following:
(a) Township Engineer
(b) Township Chief Financial Officer
(c) Greg Bradley, Prologis
(d) Township Attorney
I, Kathleen R Cunningham do hereby certify that the
foregoing is a true copy of a Resolution passed by the
______ ____________________ Kathleen R. Cunningham, Clerk
A RESOLUTION AUTHORIZING YEAR 2005 BUDGET TRANSFERS.
WHEREAS, there are 2005 Budget Accounts which require more funding due to circumstances not known at the beginning of the year; and
WHEREAS, there will be excess balances in budget accounts in which the expenditures will be less than projected at the beginning of the year,
NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Cranbury, that the following year 2005 Budget Transfers be authorized and made on the records and accounts of the Township:
Budget Account To From
5-01-31-440-240 Telephone Police O&E $2,500.00
5-01-31-440-100 Telephone O&E $ 500.00
5-01-25-265-600 Fire O&E $6,000.00
5-01-23-220-655 Group Ins O&E $4,500.00
5-01-20-130-025 Finance O&E $3,100.00
5-01-21-180-025 Planning O&E $8,200.00
5-01-26-315-240 Vehicle Police O&E $3,000.00
5-01-26-315-301 Vehicle Roads O&E $1,500.00
5-01-43-490-320 Municipal Court O&E $2,000.00
5-01-23-210-652 Other Insurance O&E $7,500.00
5-01-23-215-651 Workers Comp O&E $3,000.00
5-01-25-240-500 Police O&E $5,400.00
5-01-25-240-530 Police O&E $3,900.00
5-01-25-240-510 Police O&E $2,500.00
5-01-21-181-310 Master Plan O&E $30,000.00
5-01-21-180-011 Planning S&W $100.00
5-01-21-185-011 Zoning S&W $100.00
5-01-27-330-011 Health S&W $200.00
5-01-27-335-011 Environ Comm S&W $200.00
5-01-20-100-011 A&E S&W $600.00
BE IT FURTHER RESOLVED that a copy of this Resolution, certified by the Township Clerk to be a true copy forwarded to each of the following:
(a) Township Auditor
(b) Township Chief Financial Officer
(c) Township Administrator
I, Kathleen R Cunningham, Clerk of the
Kathleen R Cunningham, Clerk
WHEREAS, the said parcel is now tax exempt and;
WHEREAS, a balance of $5.49 exists;
NOW, THEREFORE BE IT RESOLVED that the balance of $5.49 is hereby canceled.
R. Cunningham, Clerk, hereby certify this is a true copy of a Resolution,
adopted by the
Kathleen R. Cunningham, Clerk
WHEREAS, the Tax Collector has recommended that the following 2005 tax overpayments, which are $10.00 or under, be transferred into surplus:
4 1.03 DEKA/ROCK Exit 8A LP $ .02
5 12 Anna Stachurski & Susan
7 5 Miklos Bogar .09
7 9.02 Prologis-
10 12.01 Lester & Hulsar Realty 2.63
18 5 Seth Goldberg & Jennifer
18 9 David Stout & Rebecca Coles 2.00
18.07 43 Michael Westock 1.59
18.07 44 Sophie Cutinelle .01
20 10.23 Phyllis Novick & Murray Sternberg 10.00
20 10.54 Joseph & Patricia Marsala .12
20 10.62 Charles & Janis Holmes . 01
20.05 19 John Ziegler & Patricia
20.06 30 Scott & Nancy Mackenzie .02
20.11 16 Harvard & Joyce Sklar 3.00
21 9 The Cranbury Swim Club .01
21 32 Donald Hawk ETUX 5.27
21 61 William & Margaret Strecker .01
23 1.01QFarm MGD Development Group .19
23 21 Paul & Maryjean Mucciarone .01
23 93 William Persons & Chan Ngai-Man .01
23 108.21 Weining & Xiao Wang .06
23 108.22 Nai Yan Lam & Sau Lan Moi 8.77
23 108.30 Taijab Ali Zaidi & Mariya Zaheer 3.07
24 2.011 QFarm Vimalaker & Sarala Bathena 9.75
25 18.02 Mark Berkowsky ETUX 1.37
25 19.02 David & Angela Cook .50
25 39 Taizun Hassonjee 4.73
25 68 Leroy Hutchinson 4.00
25 69 Susan Renk 3.38
25 89 Jonathan & Amy Rosenberg 3.47
26.01 64 Beatrice Amend $ .01
28 8 Timothy & Virginia Norland .01
29 9 Margaret Paul .01
33 41 Etsuko Nakajima .30
34 14 Wesley Costa 1.00
35 15 Charles Myer 6.07
NOW, THERFORE BE IT RESOLVED by the
Township Committee of the
R. Cunningham, Clerk of the
Kathleen R. Cunningham, Clerk
Reports from Township staff and professionals
Mr. Witt, Township Acting Administrator,
reported on the
Reports from Township staff and professionals (Continued)
Mr. Witt (cont’d)
Office. Mr. Witt, along with a representative from the Township Engineer’s Office will attend. Mr. Witt will report back to the Township Committee and made the recommendation that a subcommittee be created for the project.
Ms. Waterbury, Township Attorney, reported the Township’s Third Round Affordable Housing Plan had been filed with the State on December 7, 2005. Once the State deems the application to be complete, a notice will be published in the newspaper, and the Township will then be under COAH’s jurisdiction.
Ms. Waterbury also reported the bid specs for the cell tower had been Fed’xd out the previous Friday to the five major providers and copies for the public would be available in the Clerk’s Office.
Mr. Panconi reported to Mr. Witt there had been no recycling trucks in Cranbury Green, Phase II the past week.
Mr. Panconi asked the status of the Wright South Remediation project. Mr. Witt indicated at the Core meeting earlier in the day the issue had been discussed and there had been a conflict as to what area was in the “scope” of work to be remediated. Ms. Marcelli, Township Engineer, had reported to Mr. Witt later in the afternoon she had spoken with the Contractor and hopefully he would be mobilizing, weather permitting, next week.
Reports from Township Boards and Commissions
There were no reports.
a. Presentation by Mr. William Peters, Fire Apparatus Consultant.
Mr. William Peters, Fire Apparatus Consultant, discussed and presented to the Township Committee a power point presentation a needs assessment of the Cranbury Fire Company’s vehicles. Mr. Peters indicated in 1999 he had been asked by the Township to do a study of the fire apparatus and set up a replacement plan. Mr. Peters reported the report had been very extensive and he had been asked by Mr. Carr, former Administrator, this year to review the report to determine what still needed to be done. Mr. Peters mentioned the Township had enacted several of his recommendations in the report. Those items that had been implemented were; the establishment of standard operating procedures, pre-planning some of the target hazards in the Township, maintaining a fully equipped spare pumper, recruiting additional volunteers from some of the younger population, a volunteer incentive program (L.O.S.A.P.), annual mask fit tests and medical evaluations for safety, safely enclosed breath fill station, upgrading the exhaust from the mobile system at the Fire House and implementation of the Apparatus Replacement Program. Mr. Peters reported the first vehicle purchased since the report was a pumper tanker at his recommendation, which has been very successful. The next item of replacement was Tower 48 and seemed to also be working well. Mr. Peters reported he relied on national standards and recommendations in preparing his reports, those being, the I.S.O, who sets the insurance rates for all buildings in the Township and stated, based on the performance of the Fire Company, the insurance rate could rise or fall and the Nation Fire Protection Association. Mr. Panconi indicated the Fire Company had three pumpers. Mr. Peters stated Cranbury had a few high-hazard dwellings—the School, The Elms Nursing Home and the Staybridge Suites and usually the requirement is to have four ladder trucks and two pumper trucks. However, Cranbury usually relies on mutual aid. Mr. Peters indicated Cranbury has some medium-hazard dwellings (apartment buildings, office buildings, mercantile establishments and industrial occupancies) and Mr. Peters indicated three ladder trucks and one pumper truck are usually required for medium hazard. Mr. Peters reported low occupancy dwellings are residential and some scattered
Work Session (Continued)
a. Presentation by Mr. William Peters, Fire Apparatus Consultant (cont’d)
businesses. For these it is recommended two ladder and one pumper truck. Mr. Peters also reported when he had viewed the Township, he had noticed a lot of very large homes and indicated the new KHov units would come under the low-hazard category. For the rural category (scattered dwellings, businesses and farm buildings), one tanker and one pumper minimum are required. Mr. Peters reported the most part of the Township is in the low and rural hazard occupancy with some medium occupancy. Mr. Peters stated the normal life expectancy, according to the N.F.P.A., for a truck is 15 years in heavy to moderate use and twenty years for light use and no first line vehicle shall remain in use for 25 years due to numerous upgrades and technology over the years. Mr. Peters indicated Cranbury is on the light-use end, or the higher end of the scale. Mr. Peters reported two issues are very important in replacing fire vehicles—age and safety. Since 1991, all fire apparatus was required to have enclosed cabs for safety reasons and both 48-1 and 48-2 have open cabs. Mr. Peters also mentioned Rescue 48 is fully loaded to capacity with equipment. Mr. Peters recommended replacing two vehicles with one thus a savings in both money and insurance costs. Mr. Peters also mentioned price increases in the fire vehicles and urged the Township not to wait indicating a price increase each year of 3 to 5% and in 2007 a higher percentage rate for increases is predicted due to a requirement for new emissions standards. Mr. Peters stated in 1999, when he prepared his report, Hightstown had been doing extrications for the Township however, presently there are sixteen men who have been trained by the Fire Company who took it over in order to speed the response and to service residents better. Mr. Peters recommended eliminating Rescue 48 from the fleet, eliminate 48-2 (the oldest vehicle) and move 48-1 (25 year old vehicle) to spare service status. Mr. Peters finished by recommending the Township purchase on rescue/pumper truck to use for both extrications and as a pumper truck for fires, eliminating the need for two vehicles.
Mr. Allen, President of the Fire Company, spoke indicating the Fire Company had performed 19 extrications since June, 2002 and in 2005, eight. Mr. Allen indicated the Fire Company was trying to replace the old pumper in hopes of redesigning it to be able to put the extrication equipment on it as well as use it as a pumper and indicated the estimate which had been received on the rescue/pumper was $600,000, however, this coming year’s estimate would be around $700,000, of which the Township had been asked to contribute $550,000 with the Fire Company paying the balance. Mr. Allen also indicated with the emissions changes targeted for 2007, the $700,000 estimate figure may go up and stated the increase in the costs of vehicles first arrived in January in March, early summer and towards the end of summer. When the Fire Company purchased the new vehicle in 2000, the increases ran about 2% per year, indicating there has been a big change since then.
Mr. Wittman asked Mr. Peters to find out when the “drop dead date” would be until the prices go up by a large magnitude. Mr. Peters indicated he would get back to the Township Committee within two weeks with the information.
Mr. Sam DeStasio, Chief of the Fire Company, indicated most of what he was going to report had been covered by Mr. Peters and distributed to members of the Township Committee the information Mr. Peters had presented in power point, as well as the history on the purchase of the ’76 pumper. Mr. DeStasio stated it was important to realize the Fire Company is really replacing a pumper which will perform multiple tasks and they are trying to “do more with less”, recognizing as an all volunteer fire company there is not the same amount of manpower as the other paid fire companies in city and large towns have. Mr. Allen stated the new pumper would have all the tools necessary to be in service should the main pumper truck be called out.
Mr. Panconi indicated he had noticed in Mr. Peter’s report, 58% of the calls were for false alarms, with the majority of those for “system malfunctions”. Mr. Panconi suggested working with the Fire Official and Fire Company to come up with a log to track these calls and try to
Work Session (Continued)
a.Presentation by Mr. William Peters, Fire Apparatus Consultant (cont’d)
solve the problem. Chief DeStasio indicated the false alarms at The Staybridge Suites Hotel were, in fact, actual fire calls, caused from the occupants cooking in their rooms. Mr. Allen stated he would hope the Township would not penalize those individuals whose alarm systems went off my mistake as the Fire Company does solicit them for contributions. Mr. Panconi indicated the Township Code does address the problem, fining those companies after six calls in a year’s period of time. Mr. Panconi indicated the Township was not looking to fine individuals rather trying to alleviate the problem.
Ms. Kim Irving, Captain of the Cranbury First Aid Squad, stated over the past few years they had worked very closely with the Fire Company and indicated there are five members who are rescue-certified, as well as a number of firemen who are E.M.T.s. Ms. Irving reported over the past four to five months there had been five (5) fatalities and the First Aid Squad had been working with a vehicle that a lot of times cannot be started causing a delay in getting a seriously injured person to the hospital quickly. Ms. Irving stressed the equipment is as important to the First Aid Squad as it is to the Fire Company. Ms. Irving reported in speaking with some members of the Police Department, with the increasing number of warehouses and increased truck traffic; they expected a rise in the number of extrications, as well as fatalities. Ms. Irving also stated she had seen more fatalities and extrications in the last six months than she had in the six years she had been on the First Aid Squad and indicated waiting for a mutual-aid truck to get to the scene of an accident takes away valuable time from the patient, leaving more time for permanent damage or death.
The Mayor opened the meeting to
public questions and comments on those items not on the agenda. Mr. Michael Kaiser, First Vice President of
the Cranbury Lions Club spoke on behalf of the Lions Club on the barns the Club
had attempted to lease. Mr. Kaiser
stated the Lions Club had first started on the project in September 2003,
coming to the Township Committee expressing their desire to work on the barns
and to lease one. Mr. Kaiser indicated
the Lions Club was withdrawing from their offer for a number of reasons: The barn they thought they could do the most
with (the potato barn) has disintegrated completely and in his professional
opinion, not worth saving. Additionally,
the Lions Club could not come to terms of a lease with the Township and after one
year back and forth with discussions on the lease agreement, the Lions have
decided they have other items they would like to focus on in helping out the
community. Mr. Thomas Ingegneri, Jr.
stated he believed there apparently had been a “disconnect” in
communications. Mayor Beauregard spoke
indicating at the time the Lions Club had expressed an interest in repairing
and ultimately restoring the barn the Township had the Updike barn on the
Public Comment (Continued)
very restrictive and asked why the
Lions Club had not been notified of this during the past two years while trying
to negotiate the lease. Mr. Virgadamo
stated the Lions Club would have to raise the money to have the barns done and
raised a concern over the possibility that five years later Green Acres could
decide it was not working and end the lease. Mayor Beauregard spoke, indicating
the past year had been “turbulent” and a lot of projects had been on the
Township Committee’s agenda. Ms. Waterbury indicated the first time her office
had gotten involved had been early this Spring and stated the fact that the
lease has to be reviewed by Green Acres would not prevent the Lions Club from
leasing the barn but rather restricts the use to which the buildings may be
put. Mr. Kaiser indicated the Lions Club
had been working with the Township for a 30-year lease and just last month
found out the lease could only be for a five-year term. Mr. Kaiser also indicated it would take five
(5) years just to do the work on the barn and if this had been disclosed in the
beginning the Lions Club would have stopped the negotiations right away,
instead of wasting everyone’s time.
Mayor Beauregard stated she hoped the problems concerning the lease by
the Lions Club could be worked out. Mr.
Public Comment (Continued)
its residents and Mr. Stannard added
the Fire Company had just appeared before the Township Committee asking for
life-saving equipment. Mr. Panconi
stated the Township Committee is faced with many choices and does not arrive at
those choices haphazardly or quickly and indicated he would stand with the Fire
Department before standing to protect the potato barn. Mr. Panconi added the Township had the
professionals look at the barn, the town was faced with a lot of different
items that were tugging at its purse strings and the Township was doing the
best it possibly could. Mr. Stannard
asked Ms. McConnell if she were interested in finding public money for the
preservation of the barn or getting grant monies. Mr. Wittman stated he also
had walked the barn the past weekend and he felt it would be adding insult to
injury to take the barns down right now and offered to work with citizens to
investigate the feasibility of preserving the barns. Ms. Stave asked over what period of time the
money could be raised and added she was very skeptical that enough money could
be raised. Mr. Wittman added he was only looking to make the barn stable and
keeping the character of the building.
Mr. Don Jo Swanagan,
On motion offered by Ms. Stave, seconded by Mr. Stannard, the following resolution was adopted by vote:
(Panconi Absent: (None
(Stave Abstain: (None
RESOLUTION TO CLOSE MEETING TO THE PUBLIC
BE IT RESOLVED, by the Township
Committee of the
The general nature of the subject to be discussed in this session is as follows:
---Review of Closed Session minutes from November 28, 2005;
---Personnel: Review and discussion of position of Township Administrator and filling same. Note: Formal action regarding this matter may be taken following the Closed Session discussion.
It is unknown at this time precisely when the matters discussed in this session will be disclosed to the public. Matters involving contract negotiations or the acquisition of land will be disclosed upon conclusion of the negotiations or upon approval of the acquisition. Matters involving personnel will be disclosed when the need for confidentiality no longer exists. Matters concerning litigation will be announced upon the conclusion of trial or settlement of that litigation of when the need for confidentiality no longer exists.
Date: December 12, 2005
On motion by Mr. Panconi, seconded by Mr. Stannard and unanimously carried, the meeting returned to Open Session:
Ayes: (Beauregard Absent: (None
(Stannard Abstain: (None
On motion by Mr. Panconi, seconded by Ms. Stave and unanimously carried, the Township Committee appointed Mr. Thomas C. Witt, Acting Administrator, to the position of Township Administrator.
On motion by Ms. Stave, seconded by Mr. Panconi and unanimously carried, the Closed Session minutes of November 28, 2005 were unanimously adopted.
On motion by Ms. Stave, seconded by Mr. Panconi and unanimously carried, the meeting adjourned at 9:30 p.m.
Kathleen R. Cunningham, Clerk