February 11

February 11, 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 were Nancy W. Jamanow, Township Engineer and John C. Gillespie, Township Attorney. 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. Tom Leyden of the Crosswicks Innkeepers was present to discuss the proposition of creating a COAH apartment in the Crosswicks Inn. Mr. Gillespie stated that he believes the $35,000 is justified given the analysis prepared by Mr. Maley. The Committee needs to decide how to fund the unit. The money in the housing trust fund can be used and supplemented with surplus or the entire amount can be bonded. The Committee agreed that the numbers in the analysis are acceptable and would like to move forward. Mr. Gillespie continued that deed restrictions need to be developed and the Township needs an approved spending plan. On a motion by Mr. Durr and second by Mr. Kelly, it was decided that the Township staff will prepare all of the necessary paperwork and get all agency approvals necessary for the designation of a COAH unit. All agreed. Hearing no other public comments, the Committee continued with agenda items.

Consent Agenda

The minutes of January 22, 2009, closed session minutes of November 12, 2008 and December 30, 2008 as well as an application from the Chesterfield Hose Co. Ladies Auxiliary for a raffle license for November 23, 2009 were approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

Approval of Closed Session Minutes

The closed session minutes of October 8, 2008 were approved on a motion by Mr. Durr and second by Mayor Hlubik. All agreed with an abstention by Mr. Kelly.

The closed session minutes of October 23, 2008 were approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed with an abstention by Mayor Hlubik.

Police Department Report

Chief Wilson reported 246 calls during the month of January. The Chief also reported on recent burglaries in the area and reviewed departmental and individual training during the past month. An update was given on the progress that has been made with Emergency Management since the last meeting.

Township Engineer

Fenton Lane Speed Limit – the Engineer reported that Fenton Lane meets the criteria of a residential roadway and could be a 25 mph speed limit. Under the new regulations, approval from the State is not required but the current ordinance would need to be amended and Mrs. Jamanow would have to provide her certification. Mr. Kelly questioned the speed limit on Bordentown-Crosswicks Road which was recently lowered to 35 mph and suggested asking the County to further reduce it to 25 mph. Mrs. Jamanow replied that she believes the County is looking at reductions of the speed limit as a stepped process as more houses are completed. Mr. Durr asked if we shouldn’t consider Newbold Lane while we’re amending the ordinance, and do everything at once. Mrs. Jamanow replied that Newbold Lane does not meet the housing density requirement for a speed limit under 50 mph. She will check into it to see if the condition of the roadway is a factor.

Sewer Pump Stations – Mrs. Jamanow brought to the attention of the Committee that the monthly reports from CMX indicate some maintenance issues to be addressed which Mrs. Jamanow believes is their responsibility as per the requirements of the contract. They have not done any maintenance and have not followed through with items that need to be addressed. She does not feel they are acting in the town’s best interests. A meeting will be set up with the Engineer, Solicitor, Public Works Director and Clerk to review the contract and the issues.

Ward Avenue Bypass – The Vannozzi property on Ward Avenue is currently on the market and Mrs. Jamanow proposed the Committee consider the by-pass road from the receiving area to Ward Avenue. She has prepared 2 options and prefers option # 2. Mr. Durr stated that the Township would only need 1 ½ acres for the roadway and does not believe it is necessary to purchase the entire property, and would not be in favor of it. Mr. Kelly will find out what the asking price is for the property and speak to the property owner to see if they would be interested in selling a portion to the Township. The estimated length of roadway is approximately 1200 feet. Mr. Gillespie stated that there are a number of project that are coming up that will need to the funded and the Township should approach the Local Finance Board with a complete list to get all approvals at once. The LFB would look at list more favorably if a COAH component was part of the list. Mr. Durr stated that the road would make the remainder of the property more valuable, however, there is no sewer.

Mr. Durr asked Mrs. Jamanow about the energy audit. She replied that she has a meeting scheduled for next week.

Mrs. Jamanow was also asked to update the estimate for the reconstruction of Black Road.

Mrs. Jamanow also explained the performance bond reductions that are listed later on the agenda.

Ordinances for Public Hearing

The public hearing on Ordinance 2009-6 was opened on a motion by Mr. Kelly and second by Mr. Durr. Mr. Gillespie explained the purposed of the ordinance and, hearing no comments, the public hearing was closed on a motion by Mr. Durr and second by Mr. Kelly. Ordinance 2009-6 AN ORDINANCE AMENDING ORDINANCE 2006-7 AND CHAPTER 130-22 OF THE CODE OF THE TOWNSHIP OF CHESTERFIELD PERTAINING TO AFFORDABLE HOUSING DEVELOPMENT FEES was finally adopted on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

The public hearing on Ordinance 2009-7 was opened on a motion by Mr. Kelly and second by Mr. Durr. Mr. Gillespie explained the ordinance. David Sass of 15 Fenton Lane asked how this ordinance would effect him parking in front of his house. Mr. Gillespie responded that he would no longer be allowed to park there. Mrs. Jamanow added that because of the curve in the roadway in that area, along with the narrowness of the roadway and the future use of the fields, the Committee felt that parking in that area would create a safety issue. Mr. Durr continued that the ordinance was intended to protect the safety of the residents in that area but it seems to have caused a hardship instead. Mr. Kelly stated that he thought the Committee would be open to adding “no parking hours” at a later time. Mr. Gillespie continued that it is easier to adopt the ordinance now and relax the restrictions later when there is more experience. It was also stated that the parking area created at the new recreation fields could also be utilized by residents when overflow parking is needed. Mr. Sass stated that, as long as he has the ability to return to the Committee later, he is happy with that decision. Hearing no other comments, the public hearing was closed on a motion by Mr. Kelly and second by Mr. Durr. Ordinance 2009-7 AN ORDINANCE PROHIBITING PARKING ALONG CERTAIN SECTIONS OF FENTON LANE was finally adopted on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

The public hearing on Ordinance 2009-8 was opened on a motion by Mr. Durr and second by Mr. Kelly. The Clerk explained the ordinance and, hearing no public comments, the public hearing was closed on a motion by Mr. Durr and second by Mr. Kelly. On a motion by Mr. Durr and second by Mr. Kelly, Ordinance 2009-8 AN ORDINANCE DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM was finally adopted. All agreed.

Resolutions

Resolution 2009-2-1 was approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

RESOLUTION 2009-2-1

RESOLUTION DEFERRING SCHOOL TAX

WHEREAS, the governing body of a municipality is permitted to defer school taxes amounting to not more than 50% of the total school tax levy; and

WHEREAS, it is the desire of the Township Committee of the Township of Chesterfield to defer local district school tax amounts of $ 2,896,840.00 representing 50% of the 2008-2009 local school district tax levy and to defer regional high school tax amounts of $ 1,350,277.78 representing 41.9% of the 2008-2009 regional high school tax levy;

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 2008-2009 local district school tax levy be deferred in the amount of $2,896.840.00 and the 2008-2009 regional high school tax levy be deferred in the amount of $ 1,350,277.78.

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

RESOLUTION 2009-2-2

RESOLUTION AUTHORIZING REDUCTION # 2 OF PERFORMANCE GUARANTEE FOR K. HOVNANIAN L.L.C. FOR A PROJECT KNOWN AS CROSS CREEK @ CHESTERFIELD PHASE I

WHEREAS, K. Hovnanian,LLC, the developer of a project known as Cross Creek at Chesterfield, Phase I has posted a Performance Guarantee covering improvements to be constructed at said development; and

WHEREAS, the developer has applied for a reduction of the bonded amounts pursuant to N.J.S.A. 40:55D-53(d) and (e); and

WHEREAS, the Township Engineer has reported to the Township Committee that a portion of the site improvements have been completed in a satisfactory manner in accordance with the requirements of the Chesterfield Township Ordinance and has indicated that the developers bond may be reduced; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey, upon recommendation of the Township Engineer and pursuant to the Municipal Land Use Law, that the current Performance Guarantee for Cross Creek at Chesterfield, Phase I in the amount of One million fifty-nine thousand, eight hundred forty three dollars and sixty cents (1,059,843.60) is hereby authorized to be reduced in the amount of Twenty eight thousand, seven hundred seventy seven dollars and sixty eight cents ($28,777.68), leaving a guarantee balance in the amount of One million thirty-one thousand sixty-five dollars and ninety-two cents ($ 1,031,065.92);

BE IT FURTHER RESOLVED that in accordance with the requirements of the Chesterfield Township Code, Chapter 130 Section 115, ten percent (10%) of said guarantees are to be in the form of cash, and ninety percent (90%) of said guarantees are to be in the form of a bond;

BE IT FURTHER RESOLVED by that the Township Committee of the Township of Chesterfield that this reduction in the developers bonding obligation is conditioned upon the payment of all fees incurred by the municipality to the Engineer or other professionals in connection with any inspections and / or reports concerning the improvements covered by said guarantee; and further that the reduction in guarantee be accomplished in a pro rata fashion such that the cash component and the performance bond component be reduced commensurately.

RESOLUTION 2009-2-3

RESOLUTION DENYING REQUEST FOR PERFORMANCE BOND REDUCTION FOR K. HOVNANIAN L.L.C FOR A PROJECT KNOWN AS HERITAGE @ OLD YORK VILLAGE PHASE I

WHEREAS, K. Hovnanian, LLC, the developer of a project known as Heritage @ Old York Village Phase I has posted a Performance Guarantee covering improvements to be constructed at said development; and

WHEREAS, the developer has applied for a reduction of the bonded amount pursuant to N.J.S.A. 40:55D-53(d) and (e); and

WHEREAS, the Township Engineer has reported to the Township Committee that the bond was previously reduced to the maximum seventy percent (70%) allowable by the Municipal Land Use Law and cannot recommend any further reductions until all remaining improvements are completed;

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 current Performance Bond for Heritage @ Old York Village, Phase I which was previously reduced to One million, one hundred thirty-one thousand, five hundred sixty-five dollars and sixty-eight cents ($1,131,565.68) has already been reduced to the maximum amount allowable by the Municipal Land Use Law and no further reductions are recommended until all improvements are completed.

RESOLUTION 2009-2-4

RESOLUTION DENYING REQUEST FOR PERFORMANCE BOND REDUCTION FOR K. HOVNANIAN L.L.C FOR A PROJECT KNOWN AS HERITAGE @ OLD YORK VILLAGE PHASE II

WHEREAS, K. Hovnanian, LLC, the developer of a project known as Heritage @ Old York Village Phase II has posted a Performance Guarantee covering improvements to be constructed at said development; and

WHEREAS, the developer has applied for a reduction of the bonded amount pursuant to N.J.S.A. 40:55D-53(d) and (e); and

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 current Performance Bond for Heritage @ Old York Village, Phase II which was previously reduced to Seven hundred fifty-two thousand, three hundred ninety-six dollars and forty cents ($752,396.40) has already been reduced to the maximum amount allowable by the Municipal Land Use Law and no further reductions are recommended until all improvements are completed.

RESOLUTION 2009-2-5

RESOLUTION DENYING REQUEST FOR PERFORMANCE BOND REDUCTION FOR K. HOVNANIAN L.L.C FOR A PROJECT KNOWN AS HERITAGE @ OLD YORK VILLAGE PHASE III

WHEREAS, K. Hovnanian, LLC, the developer of a project known as Heritage @ Old York Village Phase III has posted a Performance Guarantee covering improvements to be constructed at said development; and

WHEREAS, the developer has applied for a reduction of the bonded amount pursuant to N.J.S.A. 40:55D-53(d) and (e); and

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 current Performance Bond for Heritage @ Old York Village, Phase III which was previously reduced to One hundred one thousand, seven hundred twenty seven dollars and thirty-six cents ($101,727.36) has already been reduced to the maximum amount allowable by the Municipal Land Use Law and no further reductions are recommended until all improvements are completed.

RESOLUTION 2009-2-6

RESOLUTION DENYING REQUEST FOR PERFORMANCE BOND REDUCTION FOR K. HOVNANIAN L.L.C FOR A PROJECT KNOWN AS HERITAGE @ OLD YORK VILLAGE PHASE IV

WHEREAS, K. Hovnanian, LLC, the developer of a project known as Heritage @ Old York Village Phase IV has posted a Performance Guarantee covering improvements to be constructed at said development; and

WHEREAS, the developer has applied for a reduction of the bonded amount pursuant to N.J.S.A. 40:55D-53(d) and (e); and

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 current Performance Bond for Heritage @ Old York Village, Phase IV which was previously reduced to Six hundred ninety-nine thousand one hundred sixty-five dollars and sixty cents ($699,165.60) has already been reduced to the maximum amount allowable by the Municipal Land Use Law and no further reductions are recommended until all improvements are completed.

RESOLUTION 2009-2-7

RESOLUTION AUTHORIZING REDUCTION # 3 OF PERFORMANCE GUARANTEE FOR K. HOVNANIAN L.L.C. FOR A PROJECT KNOWN AS HERITAGE @ OLD YORK VILLAGE, PHASE V

WHEREAS, K. Hovnanian LLC, the developer of a project known as Heritage @ Old York Village Phase V has posted a Performance Guarantee covering improvements to be constructed at said development; and

WHEREAS, the developer has applied for a reduction of the bonded amount pursuant to NJ.S.A. 40:55D-53(d) and (e); and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey, upon the recommendation of the Township Engineer and pursuant to the Municipal Land Use Law, that the current Performance Guarantee for Heritage @ Old York Village, Phase V in the amount of Four hundred seventy-three thousand, nine hundred eighty-four dollars and forty cents ($ 473,984.40) be reduced in the amount of Thirteen thousand, four hundred forty seven dollars and twenty cents ($13,447.20), thereby leaving a balance of Four hundred sixty thousand, five hundred thirty-seven dollars and twenty cents ($ 460,537.20);

BE IT FURTHER RESOLVED that, in accordance with the requirements of the Chesterfield Township Code, Chapter 130, Section 115, ten percent (10%) of said guarantees are to be in the form of cash, and ninety percent (90%) of said guarantees are to be in the form of a bond;

BE IT FURTHER RESOLVED by the Township Committee of the Township of Chesterfield that this reduction in the developers bonding obligation is conditioned upon the payment of all fees incurred by the municipality to the Engineer or other professionals in connection with any inspections and / or reports concerning the improvements covered by said guarantee; and further that the reduction in guarantee be accomplished in a pro rata fashion such that the cash component and the performance bond component all be reduced commensurately.

RESOLUTION 2009-2-8

RESOLUTION AUTHORIZING REDUCTION # 3 OF PERFORMANCE GUARANTEE FOR K. HOVNANIAN L.L.C. FOR A PROJECT KNOWN AS HERITAGE @ OLD YORK VILLAGE, PHASE VI

WHEREAS, K. Hovnanian LLC, the developer of a project known as Heritage @ Old York Village Phase VI has posted a Performance Guarantee covering improvements to be constructed at said development; and

WHEREAS, the developer has applied for a reduction of the bonded amount pursuant to NJ.S.A. 40:55D-53(d) and (e); and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey, upon the recommendation of the Township Engineer and pursuant to the Municipal Land Use Law, that the current Performance Guarantee for Heritage @ Old York Village, Phase VI in the amount of Three hundred thirteen thousand, five hundred fifty-four dollars ($313,554.00) be reduced in the amount of Eight thousand, six hundred thirteen dollars and sixty cents ($8,613.60), thereby leaving a balance of Three hundred four thousand, nine hundred forty dollars and forty cents ($304,940.40);

Resolution 2009-2-9 was presented on a motion by Mr. Kelly and second by Mr. Durr. Mr. Durr stated that he is not in favor of this agreement. He feels the Township did the right thing by merging the Municipal Court and does not feel that Judge Goldman is entitled to this payment. The Resolution was approved by affirmative votes of Mr. Kelly and Mayor Hlubik. Mr. Durr was opposed.

RESOLUTION 2009-2-9

RESOLUTION AUTHORIZING EXECUTION OF MUNICIPAL APPOINTMENT SEPARATION AGREEMENT AND RELEASE

WHEREAS, on March 31, 2008, the Township Committee for the Township of Chesterfield adopted Ordinance 2008-4 whereby it repealed the provisions of Chesterfield Township Code § 39-15 which established positions and compensation for municipal court employees, in order to allow the Township to enter into an agreement with neighboring municipalities for a shared Municipal Court; and

WHEREAS, as a result of said Ordinance, the position of Municipal Court Magistrate was abolished, as were other positions; and

WHEREAS, Bonnie L. Goldman had served as the Township’s Municipal Court Magistrate for eight (8) years and four (4) months prior to the elimination of her position; and

WHEREAS, Judge Goldman has requested certain consideration by the Township Committee regarding separation pay, and the governing body has considered same and has determined that it is appropriate to make a payment of Two Thousand Two Hundred Dollars ($2,200.00) for said separation pay; and

WHEREAS, both the Township and Judge Goldman agree that it is appropriate to reduce to writing the terms and conditions of her separation pay arising from the elimination of this position;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield, County of Burlington and State of New Jersey that the attached Municipal Appointment Separation Agreement and Release be and the same is hereby approved.

Resolution 2009-2-10 was approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

RESOLUTION 2009-2-10

RESOUTION AUTHORIZING TRANSFER AMONG

BUDGET APPROPRIATION RESERVES

WHEREAS, various 2008 bills have been presented for payment this year, which bills were not covered by order number; and

WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year;

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 2008 Budget Appropriation Reserves in accordance with the following schedule of transfers:

FROM AMOUNT TO AMOUNT

Engineer $160.61 Insurance $ 160.61

Disability

Discussion

Wilson Trust Farmland Preservation – the Committee has received a letter from the Wilson Trust whose TDR credits, owned by Burlington County, were sold at the last auction. The members of the trust are requesting reimbursement for monies they originally contributed, over and above their share, to have their farm preserved. Mr. Gillespie spoke to a representative of the Trust as well as Burlington County. He has received the Deed of Easement for the Wilson Farm but is waiting for additional documents. He feels he would enough information at the March meeting to make a recommendation to the Committee.

Renaissance Bill from CCH – Mr. Gillespie informed the Committee that the Township can mediate this matter and, if no conclusion is reached, Renaissance can take the matter to the Construction Board of Appeals. The Clerk was instructed to send the letters from Renaissance to Phil Caton for a written response.

2008 JIF Safety Incentive Program – the Committee has received notification concerning the improvements that the Township has made in the JIF Safety Program. Glenn McMahon was commended for the work he has done in making these improvements and getting the Township back on track with the Safety Program. A letter will be sent to Mr. McMahon recognizing his efforts.

Payment of Bills

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

Mayor Hlubik opened the meeting to the public and the Committee for comments. There were no comments from the public. Mr. Kelly asked about the recent open house for the Bike and Pedestrian Plan. Mr. Durr stated that he thought it was well attended and gave his impression of the plan.

Mr. Kelly questioned what recourse residents have when neighbors are not taking care of their property. Mr. Kelly was advised that the Property Maintenance Ordinance addresses this and the resident should be instructed to contact Glenn McMahon.

On a motion by Mr. Kelly and second by Mr. Durr, the Committee approved Resolution 2009-2-11 to enter Executive Session for the purpose of discussing matters related to personnel and the Liptak litigation. The Committee entered Executive Session at approximately 9:00 PM.

The Committee resumed open session at 9:55 and, having no other business, the meeting was adjourned on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

Respectfully submitted,

Bonnie J. Haines, RMC
Township Clerk

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