August 19

August 27, 2009

The Township Committee met on the above date. Deputy Mayor Brian Kelly called the meeting to order at 7:38 PM. The meeting opened with the flag salute and a moment of silence. Roll call was taken showing present: Deputy Mayor Brian J. Kelly and Committeeman Lawrence H. Durr. Also present was Nancy W. Jamanow, Township Engineer and John C. Gillespie, Township Attorney. The Open Public Meetings Act statement was read and compliance noted.

Mayor Hlubik arrived at 7:40 PM.

The meeting was opened to the public for comments on matters not appearing on the agenda. Ron Wassall of 47 Bordentown-Chesterfield Road questioned the fencing around the sports complex in the area of this property. Mrs. Jamanow commented that there are no plans for fencing the area around Mr. Wassall’s property at this time. Mr. Wassall stated that he has a 19’ irrigation pond on his property. His attorney contacted the Township requesting the fencing in that area be 8’ instead of the proposed 6’. That request was denied. Mr. Durr commented that it was discussed and the Committee decided that 6’ was adequate. Mr. Wassall stated that he needs a guarantee from the Committee that the public will not come onto his property and drown in his pond. Without that guarantee, he intends to sue the Township.

Maude Snyder of 12 Chesterfield-Georgetown Road approached the Committee about a water problem on her property since the paving of Chesterfield-Georgetown Road. There was always a slight problem and the Township installed a berm at the end of her driveway and added some dirt. Since the raising of the roadway, the water sheets across the road from the other side and pools in her yard. After a discussion by the Committee, it was determined that there is an inlet in the area of her property and perhaps the pipe could be extended to take care of the problem. Mrs. Jamanow will visit the site.

Paul Cincotta of 15 Gallop Way, representing the CTAA was present to discuss the baseball fields currently under construction. Mr. Durr stated that the Public Works Director was concerned with the grass infields and the maintenance associated with them and wondered if the CTAA truly wanted grass infields or would be happy with dirt. There was also a question about the sizes of the fields. Mr. Cincotta replied that the softball field should have a dirt infield, however, the 60’ and 70’ baseball fields should have grass infields. There was a question about irrigation for the fields and Mrs. Jamanow responded that there is a water supply at the fields, but no irrigation system. Mr. Durr added that there are no plans for the Township to water the fields. Mr. Cincotta asked about lights for the fields and Mr. Durr responded that there are provisions for future lighting, but lights are not in the current contract. Water fountains will be installed in the future at the concession stand. Mr. Cincotta questioned the dugouts and dimensions for the outfields. Mrs. Jamanow replied that the plans for the fields have been on file in the Clerk’s office for months. Grass seed will be planted soon and the fields may be ready for use in the spring or fall, depending on the condition of the grass.

Joe Landree of 151 Hogback Road is concerned about the condition of the property on the corner of Hogback Road and Route 528 that the Turnpike has purchased. It has not been demolished and is becoming an eyesore. Mrs. Jamanow responded that the Turnpike and the County are the authorities in that situation and the Township doesn’t have a lot of control. Mr. Kelly stated that the Historical Society is working with the Turnpike to save the house, however the Turnpike wants is demolished or moved within 6 months. Mr. Kelly will contact the Turnpike authority about the condition and appearance of the property.

Approval of Minutes

The regular session minutes of July 22, 2009 were approved on a motion by Mr. Durr and second by Mayor Hlubik. All agreed with the exception of Mr. Kelly who abstained.

The regular session minutes of August 20, 2009 were approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

The closed session minutes of February11, March 26, April 1, April 23, May 13, June 10 and June 25, 2009 were approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

The closed session minutes of April 8 and July 22, 2009 were approved on a motion by Mr. Durr and second by Mayor Hlubik. All agreed with the exception of Mr. Kelly who abstained.

The raffle license applications submitted by the Chesterfield Township PTA for a Casino Night and 50/50 at the Old York Country Club on February 27, 2010 were approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

Police Department Report

Chief Wilson was unable to attend the meeting and therefore, there is no Police Report.

Board of Health

The Board of Health portion of the meeting was opened on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Al Sinesky of 19 Waln Road was present to request waivers needed for the installation of a new septic system. He is selling his house and a new system is required. Mrs. Jamanow reported that waivers are required due to the size of the lot. The new septic system will be placed at the farthest location on the lot away from the stream that it can be. The distances conform with all of the state regulations but do not meet the Township requirements. The mound will be feathered down on the property to minimize the appearance. The application was opened to the public for comment on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Hearing no comments, the public comment portion was closed on a motion by Mr. Durr and second by Mr. Kelly. All agreed. On a motion by Mr. Kelly and second by Mr. Durr, the application was approved for all waivers requested. All agreed. Mr. Sinesky stated that he has been a resident of Chesterfield Township for 30 years and is moving to be near his first grandchild. He thanked the Township Committee for running an efficient and frugal government over the years. The Board of Health portion of the meeting was closed on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

Township Engineer

Toll Brothers has requested suspension of tax liability for a utility lot in Chesterfield Greene II. The rear of the property actually belongs to the Heritage development but Toll is being taxed for it as a building lot. The property has been improved by Verizon with an underground vault. Eventually, the lot will be turned over to the Township. Mr. Gillespie stated that there is no legal mechanism to make the lot tax exempt. Verizon should be paying rent for the use of the lot. Mr. Gillespie will get more information from Toll Brothers concerning any agreements they have with Verizon concerning the use of the lot.

Village Square Park – Mrs. Jamanow stated that she has been requested by Clarke Caton Hintz to do the grading for the Park design. The Committee stated that there is a contract between the Township and Clarke Caton Hintz for the Village Park design and any costs for grading will have to be paid out of that contract. Mrs. Jamanow also stated that it is here understanding that Clarke Caton Hintz wants to remove the existing sidewalk which was installed by Toll Brothers and reinstall in 5’ back at the Township’s cost. The Committee needs to monitor this carefully.

Sports Complex – Mrs. Jamanow reported that the sports complex is well under way. The final grading will be done next week and then the area will be seeded. Nancy has had input from the CTAA throughout the entire process. Susan Gallagher stated that there was a recreation committee meeting in February and has not been any since then. There should have been more meetings to follow up with the construction details. Mrs. Jamanow stated that nothing in the plans changed since that February meeting other than the orientation of the fields because the original plans had fields facing into the sun. This is a work in progress, but the CTAA had a pressing need for the fields so the Township moved forward. Mrs. Gallagher continued that the recreation committee should meet and work out the details of the concession building. Mr. Durr stated that there are no plans to build the concession building in the near future, however there will be meetings to discuss it prior to anything being done. Mr. Kelly stated that the Township was attempting to satisfy the immediate needs of the CTAA, however, a point person from the CTAA to be contacted with any questions would be helpful. Mrs. Gallagher asked about lighting designated for specific fields. Mrs. Jamanow responded that there are only conceptual plans at this time and no decisions have been made.

Mayor Hlubik questioned Mrs. Jamanow again about the dead trees in Old York Village. Mrs. Jamanow reiterated that the developers cannot be made to remove and replace the trees until it’s time to release them from their bonds.

Mr. Durr asked about the tree on the Clark property on Fenton Lane. Mr. Gillespie responded that he has not heard anything from them and never received the signed agreement. Mrs. Jamanow stated that the tree should be removed before the CTAA begins utilizing the fields. It was also noted that the Clark’s house is currently for sale and this should be done before the house is sold and could be made a condition of the Continued Certificate of Occupancy. Mr. Gillespie will follow up on this.

Ordinances for Introduction

Ordinance 2009-21 was approved for introduction on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Public hearing and final adoption is scheduled for September 9.

ORDINANCE 2009-21

AN ORDINANCE AMENDING CHAPTER 130 OF THE CODE OF THE TOWNSHIP OF CHESTERFIELD AND SPECIFICALLY SECTION 130-90(C) (9) RELATING TO VARIANCES CONSIDERED BY THE PLANNING BOARD

WHEREAS, N.J.S.A. 40:55D-25 ( c ) precludes Class I and Class III members of a combined Land Use Board from voting on “D” variances under N.J.S.A. 40:55D-70(d); and

WHEREAS, the Township Committee has provided for four (4) Alternate Members to the Planning Board, and the law was previously unclear as to whether Alternate Members could fill the positions of the Class I and Class III members who were not permitted by statute to vote on “D” variances; and

WHEREAS, the Superior Court of New Jersey, Appellate Division, recently answered that question in the case of D. Lobi Enterprises, Inc. c. Planning / Zoning Board of the Borough of Sea Bright, Docket No. A-5718-07T2, by providing that Alternate Members cannot be added to take the place of the elected officials on the Planning Board for “D” variance purposes; and

WHEREAS, the Township Committee deems it appropriate to amend the Township’s Ordinances to make this legal principle clear;

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Township Committee of the Township of Chesterfield, County of Burlington, State of New Jersey that Section 130-90 ( C ) (9) entitled “Variances” is hereby amended at subparagraph (a)[2] to read as follows:

“[2] Variances pursuant to § 57(d) of the Municipal Land Use Law. A variance under this subsection shall be granted only by the affirmative vote of at least five (5) members which shall not include Class I and Class III members.

REPEALER, SEVERABILITY AND EFFECTIVE DATE.

A. Repealer. Any and all Ordinances inconsistent with the terms of this Ordinance are hereby repealed to the extent of any such inconsistencies.

B. Severability. In the event that any clause, section, paragraph or sentence of this Ordinance is deemed to be invalid or unenforceable for any reason, then the Township Committee hereby declares its intent that the balance of the Ordinance not affected by said invalidity shall remain in full force and effect to the extent that it allows the Township to meet the goals of the Ordinance.

C. Effective Date. This Ordinance shall take effect upon proper passage in accordance with the law.

Resolutions

Resolutions 2009-8-2 through 2009-8-9 were approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

RESOLUTION 2009-8-2

RESOLUTION AUTHORIZING CLOSURE OF ELLISDALE ROAD FROM CHESTERFIELD-CROSSWICKS ROAD TO WALN ROAD

WHEREAS, the Spirit of Chesterfield Festival is scheduled for September 26, 2009; and

WHEREAS, the Spirit of Chesterfield Festival Committee plans to hold a 5K run / walk event as part of the Festival; and

WHEREAS, the Festival Committee has requested approval from the Township Committee to close a portion of Ellisdale Road between the hours of 7:30 AM and 9:30 AM to ensure the safety of the participants of the event; and

WHEREAS, Police Chief Kyle Wilson has reviewed this request and agreed that closing that portion of the roadway during the event would be necessary to ensure the safety of the participants; and

WHEREAS, Chief Wilson has also recommended that the roadway stay open to emergency vehicles and local resident traffic;

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 Ellisdale Road, from the intersection of Chesterfield-Crosswicks Road to the intersection of Waln Road be closed September 26, 2009 between the hours of 7:30 AM and 9:30 AM to ensure the safety of the participants in the 5K run / walk event sponsored by the Spirit of Chesterfield Festival;

BE IT FURTHER RESOLVED that, upon the recommendation of the Police Chief, the roadway will remain open to emergency vehicles and local resident traffic.

RESOLUTION 2009-8-3

RESOLUTION AUTHORIZING THE EXTENSION OF THE DUE DATE FOR THIRD QUARTER TAX PAYMENTS

WHEREAS, in accordance with Resolution 2009-1-5, the Township Committee of the Township of Chesterfield has established rates of interest for delinquent taxes; and

WHEREAS, New Jersey Statute requires that tax bills must be mailed at least twenty-five (25) days before the third installment of taxes is due; and

WHEREAS, due to a delay on the part of Burlington County in striking the tax rate, there was a delay in the Township receiving, preparing and mailing the tax bills; and

WHEREAS, the 2009 Final / 2010 Preliminary tax bills were mailed Friday, August 7, 2009;

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 2009 third quarter tax installments are due August 1, 2009, however, the grace period for payment of 3^rd quarter taxes has been extended to the 8^th day of September 2009. Payments received after September 8, 2009 will be assessed interest charges that will be calculated from August 1, 2009.

BE IT FURTHER RESOLVED that the certification of mailing of tax bills will be attached to this Resolution and made a part thereof.

RESOLUTION 2009-8-4

RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR 2010 MUNICIPAL ALLIANCE GRANT

WHEREAS, the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and

WHEREAS, the Chesterfield Township Committee further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and

WHEREAS, the Chesterfield Township Committee has applied for funding to the Governor’s Council on Alcoholism and Drug Abuse through the County of Burlington;

that the Township Committee of the Township of Chesterfield, County of Burlington, State of New Jersey hereby recognizes the following:

1. The Chesterfield Township Committee does hereby authorize submission of an application for the Chesterfield Township Municipal Alliance grant for the calendar year 2010 in the amount of $13,000.

2. The Chesterfield Township Committee acknowledges the terms and conditions for administering the Municipal Alliance Grant, including the administrative compliance and audit requirements.

RESOLUTION 2009-8-5

RESOLUTION APPOINTING GLENN RICCARDI AS CONSTRUCTION OFFICIAL

WHEREAS, Raymond Verner has resigned his position as Construction Official for the Township of Chesterfield effective August 20, 2009; and

WHEREAS, the Township advertised for this position in both the Burlington County Times and the New Jersey League of Municipalities website; and

WHEREAS, the Township conducted interviews of qualified candidates on August 20, 2009; and

WHEREAS, Glenn Riccardi was interviewed by the Township Committee, possesses all of the qualifications required by the Township as well as all of the licenses and certifications required to perform the duties of this position; and

WHEREAS, it is the opinion of the Township Committee that Glenn Riccardi is the best candidate for this position;

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 Glenn Riccardi is hereby appointed as Construction Official of the Township of Chesterfield for a four (4) year term beginning August 24, 2009 and expiring August 23, 2013.

RESOLUTION 2009-8-6

RESOLUTION APPOINTING GLENN RICCARDI AS BUILDING AND FIRE SUBCODE OFFICIAL

WHEREAS, Michael Alloway resigned from his positions as Chesterfield Township’s Building and Fire Subcode Official, effective August 21, 2009; and

WHEREAS, the Township advertised for these positions in both the Burlington County Times and the New Jersey League of Municipalities website; and

WHEREAS, the Township conducted interviews of qualified candidates on August 20, 2009; and

WHEREAS, it is the opinion of the Township Committee that Glenn Riccardi is the best candidate for these positions;

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 Glenn Riccardi is hereby appointed as Building and Fire Subcode Official for the Township of Chesterfield for a four (4) year term effective August 24, 2009 and expiring August 23, 2013.

RESOLUTION 2009-8-7

RESOLUTION APPOINTING GLENN RICCARDI AS BUILDING AND FIRE INSPECTOR

WHEREAS, Michael Alloway tendered his resignation from the positions of Building and Fire Inspector, effective August 21, 2009; and

WHEREAS, the Township advertised for these positions in the Burlington County Times and the New Jersey League of Municipalities website; and

WHEREAS, the Township conducted interviews of qualified candidates on August 20, 2009; and

WHEREAS, Glenn Riccardi was interviewed by the Township Committee, possesses all of the qualifications required by the Township as well as all of the licenses and certifications required to perform the duties of these positions; and

WHEREAS, it is the opinion of the Township Committee that Glenn Riccardi is the best candidate for these positions;

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 Glenn Riccardi is hereby appointed as Building and Fire Inspector for the Township of Chesterfield, effective August 24, 2009, to fill the unexpired term of Michael Alloway, which term expires December 31, 2009

RESOLUTION 2009-8-8

RESOLUTION APPOINTING GLENN MCMAHON AS HOUSING INSPECTOR

WHEREAS, Raymond Verner resigned from his position as Housing Inspector for the Township of Chesterfield, effective August 20, 2009; and

WHEREAS, the Township Committee desires to continue to provide inspections of residential properties being re-sold or rented; and

WHEREAS, Glenn McMahon has filled in and performed these inspections since the resignation of Mr. Verner; and

WHEREAS, the Township Committee feels that Glenn McMahon is qualified and capable of assuming these responsibilities;

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 Glenn McMahon is hereby appointed as the Housing Inspector for the Township of Chesterfield, effective August 13, 2009 to fill the unexpired term of Raymond Verner, said term expiring December 31, 2009;

BE IT FURTHER RESOLVED that Mr. McMahon will be compensated for this position in accordance with Ordinance 2009-13 establishing salaries for officials and employees of the Township, said salary being retroactive to August 13, 2009.

RESOLUTION 2009-8-9

RESOLUTION CERTIFYING COMPLIANCE WITH REGULATION PROMULGATED BY THE LOCAL FINANCE BOARD REGARDING THE 2008 MUNICIPAL AUDIT

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, the annual report of audit for the year 2008 has been filed by a Registered Municipal Accountant with the Township Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to Local Fiscal Affairs, as per R.S. 52:27BB-34; and

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall, be resolution, certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

General Comments

Recommendations; and

WHEREAS, the members of the governing body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

General Comments

Recommendations

as evidenced by the group affidavit form of the governing body; and

WHEREAS, such Resolution of Certification shall be adopted by the governing body no later than forty-five days after receipt of the annual audit, as per the resolutions of the Local Finance Board; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the governing body to the penalty provisions of R.S. 52:27BB-52 to wit:

R.S. 52:27BB-52 – “a local officer or member of a local

Governing body who, after a date fixed for compliance,

fails or refuses to obey an order of the Director of Local

Government Services under the provisions of this Article,

shall be guilty of a misdemeanor and, upon conviction,

may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year,

or both, in addition shall forfeit his office.”

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey has complied with the promulgation of the Local Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

Resolution 2009-8-10 RESOLUTION APPOINTING APPRAISER TO VALUE CERTAIN PROPERTY FOR POTENTIAL ACQUISITION was tabled until after Executive Session on a motion by Mr. Durr and second by Mr. Kelly.

Discussion

Extension of Sewer Operator Contract – The Clerk requested that the Committee authorize her to send a letter to the current sewer operator asking that they agree to extend their current contract for a period of 30 days while the Township works on the specifications and bid documents for the new contract. The request was approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Mr. Durr asked Mr. Gillespie if Environmental Resolutions could serve as the Township’s Sewer Operator. Mr. Gillespie will research the issue and have an answer by the September meeting.

Municipal Court Report – Mrs. Beismann stated in her recent court report that she doesn’t understand why she needs to continue sending this report each month as a report is generated by the Court Administrator and it seem redundant. Mr. Kelly stated that the idea was for her to report to the Committee any operational issues that have come up as a result of the merger. Mr. Gillespie stated that if a report is not filed, there is no basis for payment to continue. Mrs. Beismann will be asked to come into the meeting of September 9 to discuss this matter.

Resignations – the resignations of Ray Verner and Mike Alloway from their respective positions in the Construction Office were accepted on a motion by Mr. Durr and second by Mr. Kelly. All agreed. The resignations are retroactive to the date they were accepted by the Township Clerk.

Feasibility Study Proposals – Mr. Gillespie will review the proposals and have a recommendation for the September 9 meeting.

Sending Area Recreation Fee Ordinance – Mr. Gillespie stated that the League of Municipalities is pursuing a response to this legislation and he feels the Township should wait for that decision. No action will be taken at this time.

Contract meeting with Police Department – the Committee decided they would prefer to meet and discuss this among themselves prior to meeting with the Police Department. The Committee will meet at 6:30 PM on September 9 prior to the regular meeting for this purpose.

Payment of Bills

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

Mayor Hlubik opened the meeting to the public for comments. Susan Gallagher of the CTAA informed the Committee that there will be an opening day ceremony for baseball in April 2010 with a parade and a carnival type day. Mrs. Gallagher also outlined the activities and sports that have been offered over the summer and will be offered in the fall. Mrs. Gallagher also asked that the Township consider keeping the existing Elementary School for gym space and recreational needs. She envisions programs for all ages which could easily be accommodated in the School.

Bob Schoen of Fenton Lane stated that there were soccer fields built that no one has ever used and wanted to know why. Mr. Durr stated that the Township was informed that the grading on one of the fields was not adequate and the Township is working on that. Mrs. Gallagher stated that the CTAA was asked not to use the field while the construction was in progress.

Hearing no other public comments, the Committee approved Resolution 2009-8-11 to enter Executive Session for the purpose of discussing matters related to the acquisition of land and the attorney-client privilege on a motion by Mr. Durr and second by Mr. Kelly. All agreed. The Committee entered Executive Session at approximately 9:00 PM.

The Committee resumed open session at approximately 9:30 PM. Resolution 2009-9-10 was tabled on a motion by Mr. Kelly and second by Mr. Durr. All agreed. The meeting was adjourned 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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