February 26, 2009 

The Township Committee met on the above date and Mayor Hlubik called the meeting to order at 7:30 PM.  The meeting opened with the flag salute and a moment of silence.  Roll call was taken showing present:  Mayor Michael Hlubik and Committeeman Lawrence Durr. Deputy Mayor Kelly was not present. Also present was Douglas Heinold, 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.  Ron Wassall of 47 Bordentown-Chesterfield Road would like to discuss with the Committee their plans for maintenance of the recreation area adjacent to his house.  He would be willing to discuss maintenance options and a storage area for Township equipment.  Mr. Durr stated that he would like to have that discussion with Mr. Wassall and Greg Lebak.  The Committee is open to all options at this time.   

Hearing no other comments, representatives of Northern Burlington Regional School District are present to give a presentation on the upcoming bond referendum for the school district.  Bill Puglia, school board member, asked for support by the Committee and the residents of the capital projects Northern would like approval for.  Mr. Puglia presented a brief overview of the projects that will appear as a referendum on the ballot. 

Deputy Mayor Brian Kelly arrived at 7:45PM. 

Mr. Puglia introduced board member Jim Nocito who explained the improvements in much greater detail.  Richard Kaz, Board Administrator provided an overview f the savings that will be realized by the school if the improvements are made.  Mr. Kaz also provided a breakdown of the costs involved.   

Based on 2008 assessed values, this referendum will represent an increase of $5.40 per year to the average homeowner in Chesterfield.   

Mr. Durr stated that he feels the SREC credits should be used to offset the costs of the project instead of going back to the general fund.  Mr. Kaz stated that the Board of Education is insisting on this. 

Mr. Kelly questioned the annual debt service and asked how much will be defrayed by the SREC’s.  Mr. Kaz replied that all of the numbers from the state are not in at this time so he cannot answer that questions.  Mr. Kelly continued that the SREC’s should ultimately pay the debt service.  Dr. Sarruda explained that the estimates being used are conservative, but that may ultimately be the case.   

Mr. Durr asked how the size of the system was determined and Mr. Kaz responded that the system was designed for the maximum rebates.   

Dr. Sarruda stated that the Board is asking for an opportunity to save everyone money. 

Ron Wassall of 47 Bordentown-Chesterfield Road stated that the opportunity should be given to the residents to supply the energy to the school and realize a savings at the same time.  Dr. Sarruda replied that the opportunity for the residents to install solar panels on their houses has always been there.  The school needs the permission of the residents to do this. 

Joe Landree questioned the life expectancy of the school and the need for repairs to the roof at this time.  Dr. Sarruda stated that all roof repairs are included in this project. 

Mr. Durr stated that he supports the project and congratulates the efforts put forth for the project.  However, he feels that it may not be necessary for the projections to be quite so conservative.  If more savings will be realized, that should be stated.

Mr. Kelly asked the Board to make sure the educational opportunity that this project presents should not be missed.  The students should be made aware of the technology that is being utilized. 

Mr. Durr asked if an EMT curriculum is part of this year’s budget.  Chesterfield is currently hiring paid EMT’s to supplement the work of the volunteers.  He has, over the years, asked that this be added to the curriculum of the school to encourage interest in volunteering for your community.  Dr. Sarruda stated that he has researched this idea and will have to get back to Mr. Durr with the results of that research.  Mr. Durr stated that, if offered as an elective, he may be surprised at the number of students that would be interested. 

At 8:30 PM, the representatives from Northern Burlington School District left the meeting and the Committee continued with agenda items.   

Consent Agenda 

The minutes of February 11, 2009 were approved on a motion by Mr. Kelly and second by Mr. Durr.  All agreed.

The minutes the meeting of February 24, 2009 were approved on a motion by Mr. Kelly and second by Mr. Durr.  All agreed with the exception of Mr. Hlubik, who abstained.   

The minutes of February 25, 2009 were approved on a motion by Mr. Kelly and second by Mr. Hlubik.  All agreed with the exception of Mr. Durr, who abstained. 

Resolutions 

Resolution 2009-2-12 was approved on a motion by Mr. Kelly and second by Mr. Durr.  All agreed. 

RESOLUTION 2009-2-12

RESOLUTION AUTHORIZING REFUND OF DEVELOPER’S FEE

          WHEREAS, Crosswicks Innkeepers, LLC has undertaken to rehabilitate certain property formerly known as “The Upper Crust Pub”, located at Block 201 Lot 1 within the Township of Chesterfield, and as part of that rehabilitation, and in order to secure a building permit, was required to deposit certain funds into the Township’s Affordable Housing Trust Fund pursuant to Rules and Regulations promulgated by the Council on Affordable Housing, and the appropriate Ordinances of the Township of Chesterfield, and said money was deposited with the understanding that, should Crosswicks Innkeepers, LLC and the Township of Chesterfield reach agreement regarding the opportunity to deed restrict one of those units for low or moderate-income housing, the deposit would be refunded since, rather than paying a fee, Crosswicks Innkeepers, LLC has actually provided an affordable housing unit; and

 

          WHEREAS, the Township and Crosswicks Innkeepers, LLC have now reached said agreement and the Township has agreed to subsidize the construction of said unit with a contribution of Thirty-Five Thousand Dollars ($35,000.00), in exchange for which, said unit will be deed restricted for thirty (30) years for use only by moderate-income occupants; and

 

          WHEREAS, as a result of said agreement, the Developer is entitled to a refund of that affordable housing fee;

 

          NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield, County of Burlington and State of New Jersey that the Township Treasurer be and the same is hereby authorized and directed to issue a refund in the amount of Five Thousand Four Hundred Twenty-Seven Dollars ($5,427.00) to Crosswicks Innkeepers, LLC, said monies not to be paid, however, until a deed restriction prepared by the Township Solicitor’s office has been forwarded to the County Clerk’s office for recording.

 

Resolution 2009-2-13 was approved on a motion by Mr. Durr and second by Mr. Kelly.  All agreed. 

RESOLUTION 2009-2-13

RESOLUTION APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY IN A SAFE AND SECURE COMMUNITIES PROGRAM ADMINISTERED BY THE DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY 

          WHEREAS, the Township of Chesterfield wishes to apply for a project under the Safe and Secure Communities Program; and

 

          WHEREAS, the Chesterfield Township Committee has reviewed the application and has approved said request; and

 

          WHEREAS, the project is a joint effort between the Department of Law and Public Safety and the Township of Chesterfield for the purpose described in the application;

 

          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:

 

          1.          As a matter of public policy the Township of Chesterfield wishes to  participate to the fullest extent possible with the Department of Law and Public Safety.

 

          2.          The Attorney General of New Jersey will receive funds on behalf of Chesterfield Township.

 

          3.          The Division of Criminal Justice shall be responsible for the receipt and review of the application for said funds.

 

          4.          The Division of Criminal Justice shall initiate allocations to the applicant as authorized by law.

 

Resolution 2009-2-14 was approved on a motion by Mr. Kelly and second by Mr. Durr.  All agreed.

RESOLUTION 2009-2-14

RESOLUTION APPOINTING APPRAISER IN STATE TAX COURT LITIGATION

 

          WHEREAS, the Township of Chesterfield has been engaged in two (2) State Tax Court matters; captioned:  Padipally vs. Chesterfield Twp., Docket No. 011-38-2008 (Block 202.26, Lot 6) and Reimers vs. Chesterfield Twp., Docket No. 010-610-2008 (Block 1002 Lot 12)  (hereinafter the “Properties”); and

          WHEREAS, the Township requires an appraisal for Tax Court purposes of the aforementioned properties; and

          WHEREAS, the Township desires to appoint a licensed Appraiser to prepare said appraisal report; and

          WHEREAS, requests for proposals have been solicited for appraisal reports; and

          WHEREAS, quotes were received and reviewed, and the Township desires to award an appraisal contract to Sockler Realty Services; and

          WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et. seq. requires that the Resolution authorizing the award of a contract for “professional services” without competitive bids and the resulting contract must be available for public inspection;

          NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey does hereby appoint Sockler Realty Services to prepare an appraisal report in accord with their proposal, for a sum not to exceed the amount of $4,500.00; a copy of which is attached hereto and made a part hereof.

          BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized and directed to execute any and all documents required to authorize said appraisal work;

          BE IT FURTHER RESOLVED that notice of this action shall be published once as a legal advertisement in the official newspaper of the Township of Chesterfield within ten (10) days of its adoption.

  

Resolution 2009-2-15 was approved on a motion by Mr. Durr and second by Mr. Kelly.  All agreed.   

RESOLUTION 2009-2-15

RESOLUTION TO ADOPT A TEMPORARY CAPITAL BUDGET 

          WHEREAS, the Township of Chesterfield desires to constitute the 2009 Temporary Capital Budget of said municipality by inserting herein ordinances as indicated below;

          NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey as follows:

          SECTION 1.  The 2009 Temporary Capital Budget of the Township of Chesterfield is hereby constituted by the adoption of a schedule to read as follows:

 

TEMPORARY CAPITAL BUDGET OF THE TOWNSHIP OF CHESTERFIELD

COUNTY OF BURLINGTON     STATE OF NEW JERSEY 

                                                                 Capital                                                Reserve for

                                    Estimated                   Improve.            General                       Recreation

                                    Cost                             Fund               Bonds              Improvements

 

Site Work, Design,

Engineering and

Improvements to

Township Recreation

Area on Former Fuchs

Property (Block 203,

Lots 12.01 and 43)            $ 1,000,000.                   $ -0-                 $ -0-                 $1,000,000.

 

            SECTION 2.  The Clerk is authorized and directed to file a certified copy of this Resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey within three days after the adoption of the 2009 Temporary Capital Budget to be included in the 2009 Permanent Capital Budget as adopted.

  

Resolution 2009-2-16 was approved on a motion by Mr. Durr and second by Mr. Kelly.  All agreed. 

 

RESOLUTION 2009-2-16

RESOLUTION APPOINTING ALTERNATE # 4 TO THE LAND USE BOARD

 

          WHEREAS, the Township Committee has determined that it is appropriate to expand the number of Alternate Members of the Land Use Board from two (2) to four (4); and

          WHEREAS, by Ordinance 2009-1 adopted January 22, 2009, Section 130 of the Code of the Township of Chesterfield was amended to allow for four (4) alternate members which is authorized by statute; and

          WHEREAS, the Mayor previously appointed Alternate # 3 to a two (2) year term and now wishes to appoint Alternate # 4;

          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 John Nunziato is hereby appointed as Alternate # 4 of the Land Use Board of the Township of Chesterfield; and

          BE IT FURTHER RESOLVED that said appointment is for a term of one (1) year, said term expiring December 31, 2009.

 

Resolution 2009-2-17 was approved on a motion by Mr. Durr and second by Mr. Kelly.  All agreed.

RESOLUTION 2009-2-17

RESOLUTION TO AMEND THE TEMPORARY BUDGET

 

          WHEREAS, the Township Committee approved Resolution 2009-1-21 on January 2, 2009 appropriating temporary budget amounts; and

          WHEREAS, it is necessary to hire an appraiser to prepare appraisals for State tax court hearings; and

          WHEREAS, there is not sufficient monies in the Tax Assessor’s temporary budget to authorize this expenditure;

          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 Temporary Budget authorized by Resolution 2009-1-21 is hereby amended as follows:

 

                    Financial Administration OE                           $ 4,500.00

                    Audit                                                                   $ 2,000.00

                    Assessment of Taxes OE                                $ 6,500.00

                    Planning Board OE                                           $ 3,000.00

                    Planner                                                              $ 1,000.00 

 

Ordinances for Introduction 

Ordinance 2009-9 was approved for introduction on a motion by Mr. Kelly and second by Mr. Durr.  All agreed.  Public hearing will be March 11, 2009. 

ORDINANCE 2009 –9 

A CAPITAL ORDINANCE OF THE TOWNSHIP OF CHESTERFIELD AUTHORIZING THE APPROPRIATION OF $ 1,000,000.00 FROM THE GENERAL CAPITAL FUND RESERVE FOR RECREATION IMPROVEMENTS

 

          BE IT ORDAINED by the Township Committee of the Township of Chesterfield as follows:

          SECTION 1.  There is hereby approved as a capital project within the Township of Chesterfield, not to exceed the costs noted below:

                                                                                      Amount Project / Purpose                                                               Authorized

 Engineering, design, site work and

Improvements for the Township Recreation

Area on the former Fuchs property                                  $ 1,000,000.00

 

          SECTION 2.  There is hereby appropriated from the Chesterfield Township General Capital Fund Reserve for Recreation Improvements the sum of $1,000,000.00 to cover the cost of the projects described in Section 1.

          SECTION 3.        This ordinance shall take effect upon final adoption and publication in accordance with the law.

          SECTION 4.  The capital budget of the Township of Chesterfield is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of Local Government Services is on file with the Clerk of the Township and is available for public inspection.   

Discussion

EMS Contract Proposals – The Clerk explained that two proposals were received, MTAC at $70,000 and MONOC at $540,600.  The only question before awarding the contract is the length of the contract.  Mr. Kelly stated that, since this is so new to the residents who will now be receiving a bill, he feels it should be a one year contract so the Committee can assess at the end of the year.  The Township Attorney stated that the contract can be extended at the end of that year without requesting proposals.  A resolution will be prepared for the March meeting. 

Chesterfield Elementary School Budget hearing – this will be held March 31 at 7:30 PM and the Committee has been invited to attend. 

Newbold Lane Speed Limit – Mrs. Jamanow has submitted a recommendation for the lowering of the speed limit on Newbold Lane to 25 mph.  The Committee agreed that this change will be added to the ordinance amendment for the speed limit on Fenton Lane.

Energy Audit – Mr. Durr has asked Mrs. Jamanow to look into an energy audit for the Municipal Building.  75% of the cost is reimbursed by the State.  This matter will be tabled until Mrs. Jamanow is present. 

Budget items for consideration – the Committee would like to discuss these items with Jack Maley and a budget meeting will be scheduled for March 3 or March 4, depending on his availability. 

Bill Tantum was asked to explain to the Committee his proposal for a reassessment that he has presented.  There is a problem with the values in the new development and some other pockets in the Township that need to be addressed.  If approved, this would need to be accomplished by October 1.  Mr. Durr stated that it doesn’t seem fair to pick and choose which houses will be inspected.  This will be discussed during the upcoming budget meeting. 

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

 Mr. Heinold informed the Committee that the $400,000 payment from Green Acres for the Wilkinson property is expected any day.  He is working with the County for the Open Space monies and is closed to finalizing the Mizerak land swap transaction. 

Mr. Kelly asked about the one tax point set aside that the Township has been putting in the budget for the past few years as a Green Acres requirement, and what those monies can be used for. Mr. Heinold replied that those monies can be used for recreation, land acquisitions and maintenance of recreation areas. 

Hearing no other comments and having no need for an Executive Session, the meeting was adjourned at 9:21 PM 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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