Wednesday March 24 was our Land Use Board meeting; several use variance applications were heard by the Board. As I’ve mentioned in previous blog posts because I am on the Town Committee I cannot hear use variance applications… reason being should the use variance be appealed the appeal goes to the Town Committee and I cannot hear an appeal on a decision that I participated in making. For the record the Land Use Board continued their public hearing for a use variance for a wireless communication tower on Block 41, Lot 4 (Oak Grove Road), and began a new hearing to add wireless antennae and equipment shed to an existing tower located at Block 28, Lot 19- the Quakertown Recreation Club. The next Land Use Board meeting is being held on April 14- a workshop session that will discuss the proposed lighting ordinance, solar panel ordinance, status of our COAH plan, Board budget, and a review of the 2010 Action Plan.
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Thursday March 25 was our Town Committee meeting; our first order of business was to approve a resolution suspending police officer Tim Wahba with pay, nunc pro tunc, effective 3/22/10 pending resolutions of a personnel matter. Although I performed poorly when I took the law school “LSAT” entrance test- twice, I am still fascinated by the law, particularly those fancy Latin phrases that roll off the tongue.. in this case what does “nunc pro tunc” mean? According to Wikipedia, nunc pro tunc means “A judgment nunc pro tunc is an action by a trial court correcting a clerical (rather than judicial) error in a prior judgment. A nunc pro tunc may be signed even after the trial court loses its plenary power. For appellate purposes, a nunc pro tunc judgment correctly taken ordinarily does not extend appellate deadlines.” http://en.wikipedia.org/wiki/Nunc_pro_tunc A little over my head; glad I am a planner and not an attorney.
Here is the link to the Hunterdon Democrat news article:
http://www.nj.com/hunterdon-county-democrat/index.ssf/2010/04/franklin_twp_committee_votes_i.html
Apparently the editors at the Democrat were not happy with the 3/22/10 proceedings and said so in their editorial comments:
http://www.nj.com/hunterdon-county-democrat/index.ssf/2010/03/franklin_twp_was_too_slow_in_a.html
I can offer very little editorial on the matter: personnel matters are icky at best; if Franklin were a private corporation none of this would be public and rightfully so, but since we are a public entity we need to be forthright and transparent (yes, there’s that word again). As a NJ municipality we must abide by New Jersey Statutes Annotated N.J.S.A. 10:4-6 which sets the rules for public meetings. One portion of that statute allows us to meet privately in very clearly defined instances: as a public entity we may meet in closed session when the matters under discussion (1) are considered confidential by federal law, state statute or court rule, (2) would jeopardize receipt of federal funds, (3) constitute an unwarranted invasion of individual privacy, (4) concern collective bargaining, (5) involve purchase, lease or investment using public funds, or concern the setting of banking rates, (6) concern investigations of violations or possible violations of the law, or techniques of protecting the safety and property of the public, where disclosure of such techniques could impair such protection, (7) are covered by the attorney-client privilege, (8) concern personnel, or (9) involve certain proceedings which could result in a civil penalty, suspension, or loss of license.
Committee members must keep discussions held in executive session private so long as discretion is necessary to protect the municipal interest. In this case involving Officer Wahba we are entitled to closed, confidential sessions; and I will uphold the interests of Officer Wahba and Franklin Township by refraining from commenting until the matter is closed. After the matter is closed the executive session meeting minutes are made public and all parties involved are free to comment; until that day arrives I will not be making comments on this matter.
In other Committee business we did the following:
1. Adopted meeting minutes from a) March 1 (executive session), b) March 11, c) and March 15 (budget session and executive session).
2. Proposed Ordinance 2010-02 “Amending Chapter 75 of the Code entitled “Police Department” was carried to April 22- and will be re-noticed. Why wasn’t it heard? While I can’t speak for the rest of the Committee members I can say that I found a few omissions with the word substitutions but the part I have issue with is part “e” of the ordinance which proposes to eliminate the sentence “Such orders shall be subject to the approval of the Township Committee”. I want to know why we are eliminating our ability to approve / disapprove the orders of the Police Director- if we are surrendering our power I would like to know the reason. In all fairness this proposed ordinance was prepared by our previous municipal attorney Bill Caldwell, our new attorney Valerie Kimson has not had a chance to review the proposal so it is just as well that we carry it so it can be properly vetted and explained.
3. Approved payment of bills through 3/25/10 in the amount of $159,184.50
4. For the month ending February 2010 we approved receipt of $2,140,466.55 (taxes).
5. Adopted Resolution 2010-27 which transferred excess funds in certain 2009 “reserve appropriation accounts” into other accounts. These transfers between appropriations totaled $14,420 and involved 12 different accounts. For the sake of brevity I will leave it at that, if you would like to know more either contact me or the Township Clerk and ask to see a copy of Resolution 2010-27.
6. Adopted Resolution 2010-28 which was for the redemption of an outside lien, tax sale certificate for Block 29, Lot 11.01.
7. Police and Public Safety Report: Public Safety Director Ken Mandoli reported that the township sustained some damage during the recent rainstorm. Damage consisted of erosion of Hamden Road and Lower Landsdown Road, and damage to a public works accessory shed at the public works yard on Locust Grove Road. Damage is estimated at $70,000 for the road erosion damage, and $15,000 for the public works structure- $8,000 to be covered by our insurance company. How the road damage will be paid for is still in question- we are requesting “declaration of emergency” funds from the county and we are looking to work with the Water Authority and the County Roads Department on sharing the costs.
8. Adopted Resolution 2010-26 which transfers the liquor license of Clinton Wine and Spirits at WalMart Plaza from #57 WalMart Plaza to #20 WalMart Plaza….basically the liquor store is moving from its present location to the location of the former Hollywood Video on the lower level of the shopping center.
9. Public Works Report. Public Works Director Alan Dilley is requesting that the shed that was damaged during the rainstorm be demolished and replaced. Committeeman Robert Shockley will work with Alan on obtaining plans and ideas for a new shed. Alan also reported that he is working with the residents on Samuel Wilson Road resident regarding snow plow damage.
10. Adopted Resolution 2010-19 approving to discard / salvage 3 items for scrap value: a 1970s era military generator, a 1998 four door Ford vehicle, and a 2004 four door vehicle. We were given assurance that the 2 cars have been thoroughly been picked through and parts have been salvaged, there is very little worth to these cars besides the scrap value.
11. Adopted Resolution 2010-03A authorizing contract for professional services for legal advice and services to Valerie Kimson, Esq. Payment is $140 per hour with the exception that legal services for litigation which is $150 per hour. Paralegal time is billed at $75 per hour. The contract is through December 31, 2010.
12. Planning, Zoning & Construction Report: I updated the Committee on the Land Use Board applications and mentioned that the Board wants the Committee to consider the lighting ordinance that was sent to them last year. I will be providing the Committee with a copy of the lighting ordinance and we will discuss it very soon. The Board is also working on a solar panel ordinance which we should be seeing soon as well.
13. Discussion on Ordinance 2010-03 which addresses storm water management and agricultural uses of land. The Agricultural Advisory Board does not support the proposal; the Land Use Board supports the proposal. Committeeman McGeary and I are planning to meet with members of the Ag Advisory Board to see what they object to and how we can address their concerns.
14. Health, Recreation and Environmental Commission Report: The Environmental Commission meets March 29 but I will not be able to attend due to a Board of Education meeting. The Recreation Commission planned an Easter egg hunt on April 2 at the South Ridge Community Church. Commission members objected to the township having 2 egg hunts- theirs and the one sponsored by the Police Department and Clinton Elks. I had over 20 emails back and forth between myself and members of the Recreation Commission regarding this topic. If half the amount of emails went back and forth between the Recreation Commission and the Police Department perhaps there wouldn’t be the lack of communication issue that I keep bringing up. Regardless, the town is big enough for 2 egg hunts- I will be attending the April 2 hunt and look forward to comparing them both…in this case.. instead of apples to apples.. it will be eggs to eggs.
15. Approved Raffle License Application RA 5 for Bonnie Brae Polo Event June 23, 2010 http://www.fieldviewfarm.com/
16. Municipal Court: Committeeman Steve Tarshis reported court receipts for February were $3,611.50 in fines, and $3,265.44 in costs.
17. School Report: there is a school budget (2010-2011) meeting being held on March 29 at the school building. I plan on attending. Check out http://www.ftschool.org/FTS_HOME/BOE.html scroll down and look under “Other Board Related Documents”
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Saturday March 27 I attended the Quakertown Fire Company public information session with my son, Ryan.
http://www.quakertownfire.com/fullstory.php?104568
I received very personal attention because I was the only one in attendance. What a shame; the session was very informative and the volunteers on hand were helpful and supportive. At the fire district budget hearing there were at least 100 people present, it very unfortunate that the public information sessions were poorly attended. I salute the Fire Company for hosting 3 information sessions despite the lack of public interest and hope that they continue to persevere in keeping the community informed on their operations.
After the Fire Company public information session my son and I attended an Easter egg hunt sponsored by the Franklin Township Police and the Clinton Elks on Sydney Road. I would estimate there were at least 150 kids in attendance, throw in the parents there were at least 250 persons. Perhaps it’s a sign of the times, of perhaps next time the Fire Company wants more people to attend their meetings they should hide Easter eggs around the fire house. Regardless, Public Safety Director Ken Mandoli, the police department, and the Clinton Elks did a great job hosting a wonderful and safe egg hunt for all ages.
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