November 12, 2009

The Township Committee met on the above date at 7:30 PM. Mayor Hlubik called the meeting to order and opened with the flag salute and a moment of silence. Roll call was taken showing present: Mayor Michael J. Hlubik, Deputy Mayor Brian J. Kelly and Committeeman Lawrence H. Durr. Also present was John C. Gillespie, Township Attorney. There was no Township Engineer in attendance. The Open Public Meetings Act statement was read and compliance noted.

Mayor Hlubik opened the meeting to the public for comments on matters not appearing on the agenda. Hearing none, the Committee continued with agenda items.

Consent Agenda

The minutes of October 14, 2009 and a blue light permit for Maria DeLara Cruz were approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

Police Department Report

Chief Wilson outlined the calls and training for the month of October. Highlights for the month was a program at the School in conjunction with AAA on street and bus safety and Halloween. The Chief reported that some residents has requested signage in the park areas throughout the Township concerning leashing dogs. The Township Committee felt that signage is not necessary but suggested placing a notice on the Township’s website and sending out something with the dog license renewal applications. Under Emergency Management, the Chief needs to identify an issue regarding Hazard Mitigation for the Township. He originally presented tree maintenance as it relates to power lines but that idea was rejected by the County. They are looking for issues such as flooding, etc. The program is in progress and Kyle is exploring options.

The Township Clerk stated that the Public Works Department has a request from the resident in Old York Village who has a blind child for a sign in the vicinity of this home. Mr. Gillespie stated that these signs are informative and there are no enforcement issues, so an Ordinance is not required. The Township Committee agreed to place the sign at the homeowners request.

Ordinances for Introduction

Ordinance 2009-24 was approved for introduction on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Public hearing on this ordinance will be December 9.

ORDINANCE 2009-24

AN ORDINANCE TO AMEND ORDINANCE 2009-13 FIXING SALARIES, WAGES AND COMPENSATION OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF CHESTERFIELD FOR THE YEAR 2009

BE IT ORDAINED that the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey hereby amends Ordinance 2009-13 Fixing Salaries, Wages and Compensation of Officials and Employees of the Township of Chesterfield for the Year 2009 as follows:

Environmental Commission Secretary $ 3,490.00

BE IT FURTHER ORDAINED that this salary is retroactive to January 1, 2009.

Ordinances for Public Hearing

The public hearing on Ordinance 2009-22 was opened on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Mr. Durr commented that he feels some of these amounts seem high and he is afraid that it will keep the residents from going through the proper procedures because the cost is too high. Mr. Gillespie stated that it has been years since any of these fees were changed and the Township really needs to look at the professionals that are reviewing applications to ensure that services are not being duplicated. The public hearing was closed on a motion by Mr. Kelly and second by Mr. Durr and Ordinance 2009-22 AN ORDINANCE TO AMEND CHAPTER 130 OF THE CODE OF THE TOWNSHIP OF CHESTERFIELD, SPECIFICALLY SECTION 130-110 REGARDING THE SCHEDULE OF FEES AND ESCROW SUMS was finally adopted on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

The public hearing on Ordinance 2009-23 was opened on a motion by Mr. Durr and second by Mr. Kelly. Mr. Kelly explained that this Ordinance allows monies to be allocated from the Recreation contributions made by the Developers and used for design work on the Village Square Park by the Township Engineer. Hearing no comments, the public hearing was closed on a motion by Mr. Durr and second by Mr. Kelly and Ordinance 2009-23 A CAPITAL ORDINANCE OF THE TOWNSHIP OF CHESTERFIELD AUTHORIZING AN APPROPRIATION FROM THE GENERAL CAPITAL FUND RESERVE FOR RECREATION IMPROVEMENTS was finally adopted on a motion by Mr. Kelly and second by Mr. Durr.

Resolutions

Resolution 2009-11-1 was approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

RESOLUTION 2009-11-1

RESOLUTION TO AMEND THE 2009 CAPITAL BUDGET

WHEREAS, the Local Capital Budget for the year 2009 was adopted on the 13th day of May, 2009; and

WHEREAS, it is desired to amend said adopted capital budget section;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the following amendment to the adopted Capital Budget section of the Township of Chesterfield be made:

CAPITAL BUDGET

Current Year Action

2009

Capital General Capital Fund

Estimated Improvement Reserve for Recreation

Project Total Cost Fund Debt Improvements

Preparation of Grading and

Drainage Plan, Topographic

Survey, Utilities Plan and

Specifications for the Village

Square Park in Old York Village $ 11,500.00 -0- -0- $ 11,500.00

Three-Year Capital Program 2009-2012

Anticipated Project Schedule

And Funding Requirements

Estimated Funding

Estimated Completion Amount

Project Total Cost Time per year 2009

Preparation of Grading and

Drainage Plan, Topographic

Survey, Utilities Plan and

Specifications for the Village

Square Park in Old York Village $ 11,500.00 6 months $ 11,500.00

Three-Year Capital Program 2002-2007

Summary of Anticipated Funding Sources and Amounts

General Capital Fund

Estimated Capital Debt Reserve for Recreation

Project Total Cost Improvement Authorized Improvements

Preparation of Grading and

Drainage Plan, Topographic

Survey, Utilities Plan and

Specifications for the

Village Square Park in Old

York Village $ 11,500.00 -0- -0- $ 11,500.00

BE IT FURTHER RESOLVED that three certified copies of this Resolution be filed forthwith in the Office of the Director of Local Government Services.

Resolutions 2009-11-2 and 2009-11-3 were approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

RESOLUTION 2009-11-2

RESOLUTION AUTHORIZING CANCELLATION OF 2009 TAXES

WHEREAS, New Jersey Turnpike acquired the following blocks and lots in 2008; and

WHEREAS, the property remained on the tax rolls for 2009 and property taxes should be cancelled for 2009; and

WHEREAS, the property taxes were incorrectly paid and a refund should be given; and

WHEREAS, the properties are owned by the New Jersey Turnpike and identified as follows:

Block Lot Amount of Refund Amount of Tax

101 2 $ 1,962.07 $ 4,428.65

108 2.02 $ 3,439.70 $ 7,298.87

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the Tax Collector is hereby authorized and directed to cancel the 2009 taxes and issue a refund as listed above.

RESOLUTION 2009-11-3

RESOLUTION AUTHORIZING CANCELLATION OF 2009 TAXES

WHEREAS, New Jersey Turnpike acquired the following blocks and lots in 2008; and

WHEREAS, the property remained on the tax rolls for 2009 and property taxes should be cancelled for 2009; and

WHEREAS, the properties are owned by the New Jersey Turnpike and identified as follows:

Block Lot Amount

100 4 $ 5,258.10

Resolution 2009-11-4 was approved on a motion by Mr. Durr and second by Mr. Kelly after Mr. Gillespie explained that the there was a step missed in the competitive contracting provisions prior to the original contract award and this Resolution corrects that mistake and awards the contract. All agreed.

RESOLUTION 2009-11-4

RESOLUTION RESCINDING PRIOR AWARD OF CONTRACT AND AWARDING A NEW CONTRACT FOR OPERATION AND MAINTENANCE OF CHESTERFIELD TOWNSHIP’S SEWER SYSTEM

WHEREAS, by Resolution 2009-10-12, the Township Committee of the Township of Chesterfield awarded a contract, pursuant to the Competitive Contracting provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-4.1 et. seq., to Environmental Resolutions Incorporated of Mount Laurel, New Jersey, following receipt of Proposals which were received and opened on October 14, 2009; and

WHEREAS, the Township did not, as required by the Bid Specifications, prepare and make available for distribution, a report “summarizing the Proposals submitted and indicating the reasons why the chosen contractor was selected”; and

WHEREAS, the Township has now cured this procedural deficiency, and a document entitled, “Township of Chesterfield Sewer System Operation and Maintenance Services Request for Proposals – Report and Recommendation”, has been prepared and made available by Bonnie J. Haines, RMC, Township Clerk as of November 9, 2009; and

WHEREAS, based upon Mrs. Haines’ report, the Township Committee is satisfied that the evaluation outlined therein, and the methodology adopted by Mrs. Haines in her recommendation and report, is appropriate, and reflects the spirit and intent of the Competitive Contracting provisions of the Local Public Contracts Law, and specifically N.J.S.A. 40A:11-4.1(b)(1); and

WHEREAS, the Treasurer has, as indicated in Resolution 2009-10-12 certified that funds are available to pay for said contract from the Township’s self-liquidating sewer utility fund for the reminder of 2009, and the Township Committee is desirous of accepting the recommendation of Mrs. Haines regarding the award of the contract, same to become effective December 1, 2009;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield, County of Burlington, State of New Jersey that Resolution 2009-10-12 be and the same is hereby rescinded, given that it was adopted prior to the posting of the aforementioned report and recommendation;

BE IT FURTHER RESOLVED that based upon the report and recommendation of Bonnie J. Haines, RMC, Township Clerk, dated November 9, 2009, the Township Committee hereby accepts the Proposal submitted by, and therefore awards this contract to Environmental Resolutions Incorporated, 525 Fellowship Road, Suite 300, Mount Laurel, New Jersey 08054 and said report and recommendation of Mrs. Haines is incorporated in this Resolution and made a part thereof;

BE IT FURTHER RESOLVED that the contract including the competitive contracting document shall be executed by the vendor within ten (10) days of the adoption of this Resolution and that the Township Clerk shall publish notice of this award in the Burlington County Times in accordance with the provisions of N.J.S.A. 40A:11-4.5(g).

Resolution 2009-11-5 was approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

RESOLUTION 2009-11-5

RESOLUTION AUTHORIZING INSERTION OF SPECIAL ITEM OF REVENUE INTO THE 2009 MUNICIPAL BUDGET

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue into the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriations for equal amount; and

WHEREAS, pursuant to N.J.S.A. 40A:4-87, the monies received will be inserted into the 2009 Municipal Budget as a special item of revenue as follows:

REVENUE TITLE:

Miscellaneous Revenues – Public and Private Revenues Offset

With Appropriations:

2007 Recycling Tonnage Grant $ 2,933.28

APPROPRIATION TITLE:

Public and Private Programs Offset by Revenues:

Recycling Tonnage Grant $ 2,933.28

NOW, THEREFORE, BE RESOLVED that the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey hereby request the Director of the Division of Local Government Services to approve the insertion of an item of revenue into the budget of the year 2009 in the amount of $ 2,933.28.

Resolutions 2009-11-6 through 2009-11-10 were approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

RESOLUTION 2009-11-6

RESOLUTION AUTHORIZING REFUND OF

PROPERTY TAX OVERPAYMENT

WHEREAS, the State of New Jersey forwards Homestead Rebate Checks payable to the Township of Chesterfield for properties that were delinquent as of May 2009.

WHEREAS, two of the properties now have the taxes paid by a mortgage company and the Homestead Rebate has created an overpayment on their account;

WHEREAS, Block 202.37 Lot 2 is owned by Kimble & Lillian Lewis with an overpayment in the amount of $1,765.73; and

WHEREAS, Block 202.44 Lot 2 is owned by Jeanette Campbell with an overpayment in the amount of $1,080.35; and

WHEREAS, the homeowners have requested the overpayments be refunded.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the Tax Collector is hereby authorized to refund overpayments to the property owners Kimble & Lillian Lewis, Block 202.37 Lot 2 and Jeannette Campbell, Block 202.44 Lot 2 in the amount of $1,765.73 and $1,080.35 respectively.

RESOLUTION 2009-11-7

RESOLUTION AUTHORIZING REFUND OF

PROPERTY TAX OVERPAYMENT

WHEREAS, Block 202.34 Lot 3, 5 Alluvial Drive is owned by Gregory Kulessa; and

WHEREAS, First American made duplicate payments for 2009 taxes creating an overpayment on 3^rd quarter taxes in the amount of $717.78; and

WHEREAS, a request has been made by First American to refund the overpayment in the amount of $717.78 to First American.

RESOLUTION 2009-11-8

RESOLUTION AUTHORIZING REFUND OF

PROPERTY TAX OVERPAYMENT

WHEREAS, K Hovnanian is the owner of Block 202.21 Lot 2, Block 202.16 Lot 1.1 and prior owner of Block 202.29 Lot 1 and has paid 2009 taxes on these properties; and

WHEREAS, Block 202.21 Lot 2 and Block 202.16 Lot 1.1 was granted a County Tax Board Judgment creating overpayments on the properties;

WHEREAS, Block 202.21 Lot 2 has an overpayment in the amount of $414.42 and Block 202.16 Lot 1.1 has an overpayment in the amount of $1,785.30;

WHEREAS, Block 202.29 Lot 1 is no longer owned by K Hovnanian and they inadvertently made a payment on that property creating an overpayment in the amount of $593.12.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the Tax Collector is hereby authorized to refund the overpayments as outlined in this resolution in the amount of $2,792.84 to K Hovnanian.

RESOLUTION 2009-11-9

RESOLUTION AUTHORIZING REFUND OF

PROPERTY TAX OVERPAYMENT

WHEREAS, Block 202.10 Lot 1 is owned by Deepak Lalchandani; and

WHEREAS, First American and the property owner paid the 4^th quarter 2009 property taxes creating an overpayment in the amount of $2,260.00; and

WHEREAS, the property owner has requested he be refunded the duplicate payment.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the Tax Collector is hereby authorized to refund the overpayment in the amount of $2,260.00 on Block 202.10 Lot 1 to the homeowner Deepak Lalchandani

RESOLUTION 2009-11-10

RESOLUTION AUTHORIZING REFUND OF

PROPERTY TAX OVERPAYMENT

WHEREAS, Block 800 Lot 5.06 Qfarm is owned by Anthony & Lori Varga; and

WHEREAS, an overpayment in the amount of $521.80 has remained on the Qfarm since 2004; and

WHEREAS, after applying the overpayment to 2008 and 2009 taxes there is still an overpayment in the amount of $239.31; and

WHEREAS, the property owner has requested he be refunded the tax overpayment.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the Tax Collector is hereby authorized to refund an overpayment in the amount of $439.31 on Block 800 Lot 5.06 Qfarm to the homeowner Anthony & Lori Varga.

CHESTERFIELD TOWNSHIP COMMITTEE

Resolution 2009-11-11 was approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

RESOLUTION 2009-11-11

RESOLUTION AUTHORIZING APPROPRIATION TRANSFERS

WHEREAS, N.J.S.A. 40A:4-58 provides for appropriation transfers during the last two (2) months of the fiscal year, when it has been determined that it is necessary to expend for any of the purposes specified in the budget an amount in excess of the sum appropriated therefore and where it has been further determined that there is an excess in any appropriation over and above the amount deemed to be necessary to fulfill the purpose of such appropriation;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the Treasurer be and the same is hereby authorized to make transfers among the 2009 budget in accordance with the following schedule:

FROM AMOUNT TO AMOUNT

Municipal Clerk SW $ 2,900.00

Construction SW $ 1,100.00

Planning Board SW $ 1,000.00

Engineer OE $ 2,500.00

Utilities – St Lights $ 2,600.00

TOTAL $10,100.00

A & E SW $ 1,420.00

Tax Collector SW $ 3,500.00

Tax Map Maintenance OE $ 2,500.00 Utilities – Electric $ 2,680.00

TOTAL $10,100.00

Discussion

Amendments to Fence Ordinance – this matter will be tabled until December 9 to allow the Township Committee more time to review the proposed amendments.

Increase of Zoning Permit Fee – The zoning officer has requested an increase of the current fee for a zoning permit of $10.00 and has suggested $30.00. Mr. Durr stated that he believes that $30.00 is low considering the amount of time that is currently involved with processing an application for a zoning permit. The Clerk suggested creating an ordinance that encompasses all of the fees currently charged for various items to make it easier for anyone to locate these fees. The zoning permit increase could be included. On a motion by Mr. Durr and second by Mr. Kelly, Mr. Gillespie was directed to prepare a fee ordinance and include the increased fee of $50.00 for a zoning permit.

Draft Third Round Compliance Plan – Mr. Gillespie explained that the report requires 17 additional COAH units for the third round numbers. Family Services has been in contact with Mr. Gillespie’s office and are interested in the State properties on Ward Avenue. Ron Morgan needs to file a motion with Judge Bookbinder to fix the Township’s third round numbers and wants to make sure the Township Committee is in agreement with the report. On a motion by Mr. Durr and second by Mr. Kelly, the motion was authorized in addition to attaching this report if necessary. All agreed.

Board of Fire Commissioners/EMS Engine – There was no one present from the Board of Fire Commissioners of District 1 to address the letter they sent concerning the establishment of an EMS engine or the Township’s response to their letter. Police Chief Wilson stated that he does not believe the Township can prohibit the establishment of an EMS engine, but can prohibit their response to EMS calls. The director at Central Communications advised that changes to the response grids can only be made by the Squad Captain or the Emergency Management Coordinator. Mr. Kelly asked if their response would effect the contractual agreement the Township has with Mansfield Township Ambulance Corps. Mr. Durr stated that the job of the Fire Commissioners is to provide fire protection, not EMS service. Mr. Gillespie stated that it certainly appears to be a waste of taxpayer dollars by responding when they are not requested, but that is a political issue, not a legal issue. Chief Wilson responded that he believes it would be a liability issue to respond and provide a service that they have not been hired to provide. Ryan Lewis of MTAC stated that the existing emergency services contract between the Township and MTAC designates MTAC as the supplier of EMS services. The statute relating to Fire Commissioners does not indicate that they have any power to provide Emergency Medical Services. Mr. Kelly asked if the Police Officers being first responders as EMT’s violates the contract with MTAC in any way. Dick Archer of MTAC responded that the Police Department is mandated and has a demand to respond as part of their job description. The Fire Department does not have that right. It creates a liability and financial issue for the Township to have unnecessary emergency equipment on the road. Lynn Mathews, Captain of the Emergency Squad stated that response to emergency calls between the hours of 6 PM and 6 AM cannot be accomplished without the assistance of the Police Department. Chief Wilson stated that, from an operational aspect, additional personnel at the scene that are not required is detrimental. He is not opposed to their assistance, but only when it is necessary and requested. Lynn Mathews continued that all of the paid firefighters in District 1 are still members of the emergency squad. She has requested that they man a second ambulance if and when it is necessary and they never responded to that request. Ryan Lewis asked the Committee for language in the next contract to state that MTAC is the “sole supplier” of EMS. Chief Wilson explained the conversation he had with Brent Dickinson of the Fire Commissioners when the letter was delivered. Rob Mathews, President of the Emergency Squad stated that this topic came up approximately six months ago and was addressed at that time. Mr. Durr stated that the letter from the Commissioners states that they used budgeted funds to outfit the engine with medical supplies which he doesn’t understand since their budget failed. Dick Archer stated that the BURLCO JIF will be asking the towns they represent to pass a Resolution naming the EMX provider for the Township. Mr. Gillespie stated that, since they are not responding at this time, there is nothing formally to do. Mr. Kelly added that he believes the problem is fixed. He spoke to a few of the Commissioners and told them they can’t do this. Ryan Lewis commented that this is not the first time accusations have been made by District 1 against MTAC and he does not believe that this matter is over. Dick Archer suggested that the Committee pass a Resolution naming Chesterfield Township Emergency Squad and Mansfield Township Ambulance Corps. as the sole providers of EMS services for the Township. This would not prevent the use of mutual aid when necessary. Joe Landree of Hogback Road asked when the Fire Commissioners meet and are the meetings open to the public. Mr. Landree was provided with their meeting information.

League of Municipalities Convention – Mr. Durr stated that Township employees attend the LOM convention in Atlantic City as an opportunity to earn credits necessary to maintain their respective certifications and he feels the Township should pay for their lodging. On a motion by Mr. Durr and second by Mr. Kelly, it was agreed that lodging would be reimbursed upon proof that CEU’s were received. All agreed.

Disposition of Dodge Durango – The Fire Commissioners of District 2 have sent a request for the 2003 Dodge Durango to be used as a Fire Police vehicle. Mr. Gillespie stated that it could be sold to another public agency without the need for an auction or public notice. This will be further discussed at the December meeting.

Drainage Problem on White Pine and Chesterfield-Georgetown Road – Mayor Hlubik is conflicted on this matter and stepped down. Mr. Kelly took over the meeting for the purpose of this discussion. Mr. Durr stated that, in a letter from the property owner, it was stated that there has been a long standing problem with run-off from White Pine Road causing flooding in the fields. Mr. Durr looked at the area and does not believe the problem is water run-off from the roadway but water running down the hill causing the problem. However, he would feel better if the Township Engineer looked at the area and made the determination. Mrs. Jamanow will be asked to visit the site.

Draft Municipal Complex Feasibility Study – Mr. Kelly stated that he is not sure that all of the assumptions made in this report are correct. He would like to get numbers based on the square footage the Township would actually be using since we will not require the entire building. It was decided by the Committee that no determination or decision could be made until we receive a copy of the latest appraisal report from the School.

Proposals for Professional Services – On a motion by Mr. Durr and second by Mr. Kelly, requests for proposals will be issued for all Township professionals. All agreed.

Payment of Bills

The bill list was approved for payment on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

Mayor Hlubik opened the meeting to the public and the committee for comments. Hearing none, the Committee approved Resolution 2009-11-12 to enter into Executive Session for the purpose of discussing matters related to the potential acquisition of land and the counter-proposal from FOP Lodge 114. The Committee entered Executive Session at 9:20 PM.

The Committee resumed open session at 10:25 PM and adjourned the meeting on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

Respectfully submitted,

Bonnie J. Haines, RMC
Township Clerk

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