OFFICIAL PROCEEDINGS OF THE BOARD OF TRUSTEES
OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE
REGULAR MEETING, JULY 23, 2001
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A regular meeting of the South Orange Board of Trustees was held on Monday, July 23, 2001 in Village Hall. Village President Calabrese called the meeting to order at 8:14 p.m. and requested the Village Clerk to call the roll:
PRESENT: Village President William Calabrese
Trustee Patrick Joyce, Trustee Allen Rosen
Trustee Mark Rosner, Trustee Stephen Steglitz
Trustee Arthur Taylor, Trustee Mary Theroux
A Moment of Silent Prayer was observed.
The Pledge of Allegiance to the Flag was recited in unison.
Requirements of the Open Public Meetings Act had been met and proper notice of this meeting was given to the news media, a copy posted on the bulletin board in Village Hall and a copy filed in the office of the Village Clerk.
Trustee Rosen moved the approval of the minutes of a Regular Meeting held on June 25, 2001; a Special Meeting held on July 9, 2001; and Closed Session Meetings held on May 30, 2001, June 25, 2001 and July 9, 2001, seconded by Trustee Rosner and carried by the Board. Trustee Rosen abstained on the minutes of the May 30th closed session meeting and Trustee Joyce abstained on the minutes of the June 25th closed session meeting.
Reports of Officers for the month of June, 2001 have been received and are on file in the Village Clerk’s office.
Trustee Theroux moved to suspend the rules and regulations of the Board of Trustees, seconded by Trustee Rosen and unanimously carried by the Board.
Trustee Rosen read the following resolution from the Joint Meeting into the record and then presented a copy to Trustee Steglitz:
"WHEREAS, the Joint Meeting of Essex and Union Counties has been advised
that Stephen Steglitz cannot continue to serve as the Township of South Orange’s
representative of the Joint Meeting; and
WHEREAS, Mr. Steglitz was appointed to the Joint Meeting on July 1, 1999
as the designated representative from South Orange; and
WHEREAS, Mr. Steglitz’ ability, attitude and devotion was in the best interest
of all participating communities, serving as Treasurer, coupled with his friendliness,
sincerity and understanding, that commanded the respect and confidence of all those associated with him in this vital enterprise; now, therefore
BE IT RESOLVED, that the officers and members of the Joint Meeting hereby
express to Stephen Steglitz their appreciation for his valued service and offer their best
wishes and sincere thanks for his distinguished public leadership; and
BE IT FURTHER RESOLVED, that this resolution be spread upon the minutes
of the Joint Meeting and a copy presented to Stephen Steglitz."
David Bressen, representative of the Community Relations Committee, next presented the July Villager of the Month Award to Columbia High School Seniors, David Jeffries and Rachel Spekman. Mr. Bressen commented that both Rachel and David were leaders during their time at Columbia; Rachel in community service and as Editor in Chief of the school paper during her senior year, and David as Class President in both his freshman and junior years and as Student Body President during his senior year. Mr. Bressen highlighted their accomplishments and also their involvement and participation in various community activities and service organizations.
Louis DeBell, Mayor of Roseland and Liaison between Essex County Municipalities and the Essex County Executive, addressed the Board and discussed with the Trustees the following items of mutual concern: 1) the problem of the deer overpopulation; 2) request for the removal of leaves by the County in a timely manner; 3) the fact that the County does not clean the County roads; 4) the fact that the County does not clean the sewer drains on County roads; 5) maintenance of County parks; and 6) the mosquito control program. Mayor DeBell stated that he would be submitting a written report tomorrow to the County Chief of Staff on his presence at tonight’s meeting. He further recommended, in order to be more effective, that the Village put in writing its concerns and send them to him at 19 Harrison Avenue, Roseland so that he can officially present these concerns which will then be logged into the records at the County.
ORDINANCES ON SECOND READING:
#00-8 – An Ordinance to Provide Compensation for the Members of the Fire Force of the Township of South Orange Village to Provide Salaries for Members of the Superior Officers Association Bargaining Unit for the Years 2000, 2001, 2002 and 2003. (This ordinance was tabled at the May 22, 2000 Regular Meeting and remained tabled.)
#01-5 – An Ordinance Amending the Code of the Township of South Orange Village, Chapter 152 Thereof, Entitled "Vehicles and Traffic" to Amend Schedule XII, Entitled "Bus Stops". (This ordinance was tabled at the March 26, 2001 Regular Meeting and remained tabled.)
#01-14 – An Ordinance to Amend the Code of the Township of South Orange Village, Chapter 157 Thereof Entitled "Water" to Change the Fees Contained Therein to $41.18 per 1,000 cu. ft.
Village President Calabrese asked if anyone from the public wished to be heard on this ordinance.
No one wished to be heard and the public hearing was closed.
Trustee Rosen moved this ordinance on second reading, seconded by Trustee Steglitz. A roll call vote was taken by the Clerk and the motion carried with 4 affirmative votes from Trustees Joyce, Rosen, Steglitz, and Village President Calabrese. Trustees Rosner and Taylor voted nay. Trustee Theroux recused herself due to a conflict. The Village Clerk announced that the ordinance was adopted.
ORDINANCE ON FIRST READING:
#01-15 – An Ordinance Amending the Code of the Township of South Orange Village, to Delete Section 92-212, Community Residences for Developmentally Disabled and Community Shelters for Victims of Domestic Violence.
Trustee Rosen moved this ordinance pass on first reading, seconded by Trustee Rosner. A roll call vote was taken by the Clerk and the motion carried with 6 affirmative votes from Trustees Joyce, Rosen, Rosner, Steglitz, Taylor and Theroux. Village Clerk announced the ordinance passed on first reading.
Trustee Theroux then moved that Ordinance #01-15 be set down for second reading and final passage at a regular meeting of the Board of Trustees to be held on September 24, 2001 at 8:00 p.m., that a public hearing be held at that time and the Clerk be authorized to give proper notice of such hearing, seconded by Trustee Rosen and unanimously carried by the Board.
2001 MUNICIPAL BUDGET:
Village Administrator, John Gross noted that the Board needs to vote on a budget amendment resolution for inclusion of the amended Water Utility Budget.
A brief discussion ensued concerning scheduling a date for a special meeting with regard to the budget. The Board agreed to schedule a special meeting for Monday, July 30, 2001 at 7:30 p.m.
Village President Calabrese then announced that this is the time and place to amend the Municipal Budget for 2001. The Budget was approved (introduced) by the governing body on February 14, 2001, was advertised, as required by law on February 22, 2001 together with notice of a public hearing which was held on March 26, 2001 and then recessed. Printed copies of the budget have been available in the Clerk’s Office for anyone desiring a copy. On June 25, 2001, the governing body amended the 2001 Budget. The amended Budget was advertised, as required by law, on June 28, 2001.
Village President Calabrese next announced that the public hearing on the 2001 Budget and the 2001 Budget Amendment was now reopened. He stated that there would be full public hearing on the budget at the July 30, 2001 special meeting. The public hearing was then recessed until July 30th.
Trustee Joyce then read the following resolution:
#187-01 – Resolution to Amend the 2001 Municipal Budget to Include
the Amended Water Utility Budget
WHEREAS, the local municipal budget for 2001 was approved on February 14, 2001; and
WHEREAS, the public hearing on said budget has been held as advertised; and
WHEREAS, the governing body desires to amend said approved budget;
NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Township of South
Orange Village, County of Essex that the following amendments to the approved budget of 2001 be made:
WATER UTILITY FUND
REVENUES FROM TO
East Orange Lease Fees $ 662,395.00 $ 718,486.00
Reserve for Debt Service 0.00 160.00
Total Revenues $1,027,000.00 $1,083,251.00
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APPROPRIATIONS
Operating:
Salaries and Wages $ 174,900.00 $ 175,709.00
Other Expenses 104,694.00 113,969.00
Debt Service:
Interest on Notes 5,285.00 51,452.00
Total Appropriations $1,027,000.00 $1,083,251.00
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BE IT FURTHER RESOLVED, that three certified copies of this resolution be filed forthwith in the office of the Director of Local Government Services for certification of the 2001 Local Municipal Budget as amended; and
BE IT FURTHER RESOLVED, that this complete amendment, in accordance with the provisions of N.J.S.A. 40A:4-9, be published in the News Record in the issue of July 26, 2001 and that said publication contain notice of public hearing on said amendment to be held at the Municipal Building on July 30, 2001 at 7:30 p.m.
Trustee Joyce moved Resolution #187-01, seconded by Trustee Rosen. A roll call vote was taken by the Clerk and the motion carried with 6 affirmative votes from Trustees Joyce, Rosen, Rosner, Steglitz, Taylor and Theroux. Village Clerk announced the resolution passed.
REMONSTRANCES RECOMMENDATIONS PETITIONS___
Village President Calabrese reported that he and Village Counsel had attended the Board of Education meeting this evening and had pleaded the Village’s case with regard to reinstating all of the school bus routes in South Orange. He noted that he had called for a special meeting of the Board of School Estimate to further vote on this issue.
Village President Calabrese next asked if there was any person present who wished to be heard at this time on any matter other than an ordinance.
Eric DeVaris, 18 Harding Drive, stated that one month ago he had addressed the Board at a meeting questioning the contents of a letter written by Village Counsel to the Counsel for Trammell Crow. At that time, the Trustees had gone into closed session and had told him that they would decide whether or not Mr. DeVaris would receive a response. To this date, he has not yet received a response. Mr. Matthews responded that he had sent Mr. DeVaris a letter a month ago which was returned to his office today by the post office marked "incorrect address". The Village Clerk was asked to supply Mr. DeVaris with a copy of said letter this evening.
Elaine Harris, 177 Valley Street, wished to discuss with the Board a matter of concern to the business community; i.e., the allegation of some members of the business community that they are being threatened with the potential imposition of an assessment tax in the form of a SID (Special Improvement District). She commented that the majority of businesses in the Village are small in scale, financially fragile and struggling to survive. She stated that the members of the business community are all quite concerned and want to know more about this issue. It was her understanding that the Board had received or will soon be receiving a report from the SID Steering Committee. She noted that she had already seen a copy of this report. The Board noted that it had not yet received said report.
Ms. Harris read into the record a letter from the owner of Empire Antiques, noting that he could not be here this evening:
"To Whom it May Concern:
For the record, let it be noted that the business community voted down
the SID’s issue. The rehabilitation of the town’s center cost the business community
hundreds of thousands in lost revenue and now is expected to cover its cost through
this hidden tax. It is with great hope that the Board will respect the business
community’s vote against the SID."
Ms. Harris emphasized the fact that the SID Steering Committee was empowered by the Board of Trustees and that of all the members on said committee, only one member may possibly be representative of the business community. Of the committee members, Ms. Harris pointed out that four are representatives of the Village (i.e., Village employees) and two are representatives from Main Street.
Ms. Harris asked if there was a State grant that paid for the actual Steering Committee’s undertaking and if the committee members were paid. Village Administrator, John Gross replied that no employees serving on that committee were being paid under the grant money. Mr. Gross further explained that there was a $10,000 matching grant for the Steering Committee’s efforts, of which $10,000 was paid to Main Street South Orange for administering the program and the matching $10,000 was earmarked for other expenses.
Ms. Harris noted that the SID Steering Committee had not invited the Chamber of Commerce to be a part of this committee. She explained that it was only after the Chamber had asked to be invited (one year after the process had begun) and only because it questioned the methodology of the circulated survey that the Chamber was invited. The Chamber representatives then learned that they were not permitted to vote and that their presence in the room at the committee meeting was only gratuitous.
Ms. Harris reiterated that the business community is vehemently opposed to a SID. She stated that the first survey sent out resulted in only 13 people expressing an interest in a SID and the second survey (which was surrounded by contoversy in that it was alleged that the post office did not mail out all the surveys) produced only 11 people who were in favor of a SID. These results were out of a total number of 600 potential people in the business community who will be affected by this type of tax.
On behalf of all the small businesses struggling to survive, Ms. Harris asked the Board of Trustees to be very cautious in its consideration of a SID and not to be too hasty to establish a SID.
Trustee Rosen commented that this was the second time in two months that an issue has arisen wherein the Board doesn’t know what the public is talking about and that the public seems to have access to information which the Board has not yet received. He then asked the Village Administrator if there was anyway that a SID can be established without a vote of the people themselves who would be taxed. John Gross, Village Administrator replied that the Board of Trustees is the body that would make the ultimate decision as to whether or not a SID would be created.
Trustee Taylor asked the Village Administrator if he knew of the report to which Ms. Harris had made reference. Mr. Gross responded that there is a "working document" that has been kept over the course of the process that the SID Committee has been proceeding. Mr. Gross commented that, in his opinion, said document is not even a rough draft but rather the concept ideas that have been discussed. Mr. Gross advised that the document in question has been distributed for internal purposes only to the committee and to other people who were invited by the SID Steering Committee and had been involved in the process. Mr. Gross further advised that the committee, itself, is just now starting to put together its ideas on what the final report should contain.
Trustee Rosner asked the Village Administrator when the final report from the SID Steering Committee would be ready. Mr. Gross first wished to make clear that there had been no intention to have the report ready for distribution to the Board this evening. Mr. Gross then indicated that he believed the committee should be able to give the Board a final draft within the next few months.
Jim Gordon of Mail Boxes, Etc., 71 South Orange Avenue, stated that when business owners in town vote against something, they do so because they realize that it is not going to help them earn money or bring more people into town. He said that the second survey sent out resulted in there being a greater than 3-1 margin against a SID.
Jason Marshall, 6 Montague Terrace, Brooklyn, New York commented that he had faxed a proposal regarding the South Orange Historical and Preservation Society’s interest in leasing the Old Stone House, renovating it and turning it into a traditional crafts museum. He then outlined the terms of the proposed lease as follows: lease with an option to buy; lease for $1.00 a year until the site is purchased; request for a 15 year lease; work starts within five years; plan approval from New Jersey Historic Preservation; and procurement of liability insurance by the South Orange Historical and Preservation Society with the Village as coinsured. Mr. Marshall stated that before and after the liability insurance comes into effect, anyone on the Old Stone House site would have to gain permission from the Village and the South Orange Historical and Preservation Society and sign a hold harmless form. He requested that the Board adopt a resolution approving the aforementioned lease agreement. Mr. Marshall then advised that the New Jersey Historic Trust had asked that the grant application be revised to include a plan for "mothballing"; i.e., a plan for implementing a number of inexpensive and reversible repairs to stabilize the Old Stone House and make it safe to enter. In addition to this revision, the New Jersey Historic Trust asked the South Orange Historical and Preservation Society to seek a financial commitment from the Village in the amount of approximately $80,000 which would facilitate the procurement of matching funds for the "mothballing". Mr. Marshall explained that if the Village provided these matching funds, this action would then be seen by the New Jersey Historic Trust as the start of a working relationship between the Trust and the Village thus enabling the Village to procure funding for other municipal sites such as Village Hall, the Fire Station and Baird Community Center. After Mr. Marshall’s presentation, Village President announced that the Board was in agreement with the Old Stone House project and noted that there was a resolution on the agenda this evening regarding the lease agreement.
Kathy Flaxman of 162 Irving Avenue, Secretary/Treasurer of the South Orange Historical and Preservation Society, commented that calls are coming in from all over New Jersey, Virginia, and other parts of the country from people who are intested in the Old Stone House project and want to help.
At this time, after reading a copy of Village Counsel’s letter to him, Eric DeVaris, 18 Harding Drive, spoke once again. He thanked Village Counsel for his letter and accepted Village Counsel’s apology. Mr. DeVaris did note that the reason he had not received this letter was because it was addressed to 18 Mayhew Drive rather than 18 Harding Drive.
No one else from the public wished to be heard and the remonstrances portion of the meeting was closed.
Trustee Rosen wished to report to the Board on a discussion regarding the project for the South Orange movie. He commented that at this point in time, the Cable TV Committee is ready to go ahead with the production of a demo tape. The cost for the production of the demo tape will not exceed $2,000. He noted that a portion of the $2,000 would go towards paying the volunteers, mostly those doing the editing. He informed the Board that he would keep it abreast of the project’s progress. Trustee Taylor asked that his name be added to the list of people interested in volunteering for the project.
RESOLUTIONS:
Village Clerk read the following resolutions by title:
#188-01 – Resolution Appointing a Part-Time Summer Employment in the Department of Public Works. (Daniel William Koenemund)
#189-01 – Resolution Authorizing the Placement of a Lien on Residential Property for a Special Clean-Up of Grass and Weeds. (11 Holland Road)
#190-01 – Resolution Authorizing the Placement of a Lien on Residential Property for a Special Clean-Up of Grass and Weeds. (111 Holland Road)
#191-01 – Resolution Authorizing the Placement of a Lien on Residential Property for a Special Clean-Up of Grass and Weeds. (7 North Wyoming Avenue)
#192-01 – Resolution Authorizing the Placement of a Lien on Residential Property for a Special Clean-Up of Grass and Weeds. (27 Cottage Street)
#193-01 – Resolution Authorizing the Hiring of Heyer, Gruel & Associates to Provide Professional Services Associated with the Preparation of Revitalization Plan for Irvington Avenue Corridor.
#194-01 – Resolution Amending Resolution #156-00 Establishing the Irvington Avenue Partnership.
#195-01 – Resolution Opposing A-1193, as Amended, the Family Home Occupation Act.
#196-01 – Resolution Awarding Contract to Colorex Painting Contractors for the Painting of the Baird Community Center.
#197-01 – Resolution to Establish a Priority to Address the Wild Animal Population Problem.
#198-01 – Resolution Awarding Contract for the Purchase of a 2002 GMC Model TC7H042 5-Ton Dump Truck with Salt Spreader/Snow Plow to Frank’s Truck Center, Inc.
#199-01 – Resolution Awarding Contract for the Purchase of a 2002 or Current Model Year GMC Model TK25903 Four Wheel Drive 4 x 4 "Sierra Wideside" Pickup with Snow Plow to Frank’s Truck Center, Inc.
#200-01 – Resolution Designating New Market Square Development Company as the Developer of the Shop Rite Site.
#201-01 – Resolution Re: Governing Body has Reviewed the General Comments and Recommendations Sections of the 2000 and 1999 Audit.
#202-01 – Resolution Authorizing the Village President to Sign a Lease with the South Orange Historical and Preservation Society for the Old Stone House.
#203-01 – Resolution Authorizing the Village President to Accept the Conditions of the State-Local Cooperative Housing Inspection Program for the Period of July 1, 2001 to June 30, 2002.
#204-01 – Resolution Appointing a Part Time Summer Clerk Typist in the Department of Public Safety/Municipal Court. (Reginald Turner)
#205-01 – Resolution Awarding Contract to Shore Slurry Seal, Inc. for the 2001 Pavement Repair and Microsurfacing Project.
#206-01 – Resolution Authorizing a Closed Session at the July 23, 2001 Regular Meeting of the Board of Trustees.
CONSENT AGENDA:
Trustee Rosen moved the Consent Agenda consisting of Resolutions #188-01- through #206-01, seconded by Trustee Steglitz and unanimously carried by the Board.
LIST OF BILLS:
Trustee Joyce stated that a list of bills audited by the Village Treasurer had been received by each member of the Board and he moved that the bills be approved and paid, seconded by Trustee Rosen and unanimously carried by the Board. The List of Bills presented for payment was $7,019,961.46.
Trustee Rosen then moved to recess the Regular Meeting, seconded by Trustee Theroux and unanimously carried by the Board.
ALCOHOLIC BEVERAGE BOARD
Village President Calabrese announced that the Board of Trustees shall now meet as the Alcoholic Beverage Board of the Township of South Orange Village and requested the Village Clerk to call the roll:
PRESENT: Village President William Calabrese
Trustee Patrick Joyce, Trustee Allan Rosen
Trustee Mark Rosner, Trustee Stephen Steglitz
Trustee Arthur Taylor, Trustee Mary Theroux
The Village Clerk announced that she had received no objections to the renewal of the liquor license for the Stuft Shirt and then read the following resolution by title:
#207-01 – Resolution re Renewal of Pleanary Retail Consumption Liquor License for Stuft Shirt.
This resolution was then moved by Trustee Rosen, seconded by Trustee Steglitz. A roll call vote was taken by the Village Clerk and the motion carried with 7 affirmative votes from Trustees Joyce, Rosen, Rosner, Steglitz, Taylor, Theroux and Village President Calabrese.
Upon a motion from Trustee Rosen, seconded by Trustee Steglitz and unanimously carried by the Board, the meeting of the Alcoholic Beverage Board was adjourned.
Trustee Rosen next moved to reconvene the Regular Meeting, seconded by Trustee Steglitz and unanimously carried by the Board.
PROCLAMATIONS:
Village President Calabrese announced the following proclamations had been issued:
Certificate of Appreciation to Michael J. Nagy July, 2001
(former member of the Board of Adjustment)
Proclamation Welcoming the Baker Family for its 2001 Family Reunion August, 2001
Upon a motion from Trustee Rosen, seconded by Trustee Steglitz and unanimously carried by the Board, this regular meeting was adjourned.
ADJOURNMENT: 10:33 P.M.
MARJORIE O. SMITH, VILLAGE CLERK