July 23, 2009 

The Township Committee met with the Chesterfield Township Board of Education on the above date at 6:30 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 and Committeeman Lawrence H. Durr.  Deputy Mayor Brian Kelly was not present.  Township Solicitor John C. Gillespie was also present.  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 began their discussion with the Chesterfield Township Board of Education.   

School Board members present were:  President Brian Meincke, Craig Their, Denise Koetas-Dale, Terran Brown and Todd Campanella.  Also present were Superintendent Ellen McHenry and Business Administrator Louise Zoilkowski.   

Brian Meincke stated that their purpose this evening is to update the Committee on the school construction and have a discussion of some of the remaining outstanding issues.  The Board has begun the first phase of de-commissioning the existing building which is mostly paperwork.  There is a formal process with the State to actually close the doors which is Phase II.  They would like to Township to supply them with the original appraisal that was done on the school.  The Board would also like to know if the Township is still interested in purchasing the school.  Craig Their stated that the clock is ticking.  They are one year from moving and the existing school building can either become a community asset or a community expense and eyesore.  Mr. Durr stated that the Township is currently in the process of developing RFP’s for a feasibility study to determine what costs would be associated with purchasing and retrofitting the existing school as opposed to building a new municipal building.  Mr. Gillespie stated that the original appraisal was over 2 million dollars and the Township Committee, at the time, was not willing to pay that.  Mr. Durr further stated that, while the Township is doing the feasibility study the school should request an updated appraisal.  He also suggested exploring a deal with the 7th Day Adventist, who may be looking to expand.  Mr. Gillespie suggested that the School reach out to Pete Sockler who performed the original appraisal for a price.  He already has all of the data, so he may be able to provide a better price than someone who would have to start at the beginning.   

The Board informed the Committee that the new school construction is 66 days behind schedule.  They are currently putting together an accelerated construction plan to attempt to get caught up.  Mr. Durr questioned how they got 66 days behind and Mike, representing Hill International stated that there was a topography discrepancy in the beginning and 10 days of rain.  The entire site had to be re-balanced.  Upon being questioned by Mr. Durr about who was responsible for the topography issue, Mike responded that the Architect indicated that the aerial topography information that was placed on the plans could be relied upon.  When asked about additional costs for the delay, Mike responded that the cost was approximately $90,000.  Brian Meincke stated that the rain caused most of the delay.  Mayor Hlubik asked if there is a full crew on site daily.  Mike replied that there is a full crew of labor on site who are progressing with the block work.  Mr. Their stated that they would like to accelerate the steel schedule to August 6.  Mr. Durr asked Mike from Hill International to categorize the work being done at the site.  Mike stated that he is not happy with the General Contractor and has been putting more demands on them daily for more manpower at the site. When Mr. Durr questioned if there were non-performance penalties in the contract Mike replied that there were liquidated damages for not meeting certain milestones throughout the project.  He would like to begin working crews on Saturday but, in order for Saturdays to help at all, he would need inspections on Monday which the Township currently does not provide.  Mr. Durr stated that since the General Contractor has not supplied the required labor he doesn’t feel it’s fair to expect the Township to pay for additional inspections.  Mr. Their stated that the contractors cannot work in the rain.  The steel schedule has been accelerated in order to get the building closed up by winter.  The Board cannot tell the contactor how to do their work.  Mayor Hlubik stated that he was informed by the Construction Department about a footing situation and walls that were crooked and it doesn’t seem that the contractor has done due diligence.  Both Mr. Their and Mike from Hill International stated that those incidents never occurred.  Glenn McMahon was present representing the Construction Office and stated that there is a 20% failure rate on inspections that are being done at the site.  There were no pumps running to get the water off the site as the inspectors requested.  There was a plumbing inspection scheduled for yesterday at area B and no one was there to meet the inspector and the inspection could no be done.  The contractor is not meeting the cut-off times for inspection requests, but the inspections are being done anyway.  Mr. Meincke stated that the Board is not going to respond to hearsay accusations and this is not the best use of their time for this meeting.   

(Tape 1 stopped at 1495 and the machine was switched to Tape 2) 

Mike of Hill International stated that he would need Plumbing and Electric inspections on Monday.  The current Building inspection schedule is okay.  Mr. Durr stated that the Township wants to cooperate as much as possible but saying the project is 66 days behind is very misleading.  There wasn’t that much rain and it seems there is something wrong with the contractor’s performance and management of time.  Mike of Hill International asked if the site engineer could perform the needed inspections.  Mr. Gillespie responded that the Township inspectors bear the ultimate responsibility so they would need to perform the inspection and sign off anyway.  However, there may be a way to add additional inspection hours by treating it as a Chapter 159 and inserting money in the budget to be used to pay inspectors.  Mr. Their stated that this is just one option they are exploring and there are others they need to consider as well.  Mr. Gillespie questioned the about of liquidated damages assessed for delays and Mike responded that it is $1500 per day.  Mr. Gillespie continued that it would be less expensive for the contractor to pay for the inspectors, rather than the damages.   

Moving on to other outstanding issues, Mr. Meincke asked about a well on site for an irrigation system for the fields.  The Board has not moved forward.  The well would cost approximately $55,000 and the irrigation system an additional $100,000.  Mr. Durr stated that he is not in favor of the idea.  Mayor Hlubik stated that, in this economy, he does not feel that to be the best use of funds. 

Mr. Meincke asked about extending the walking path from the edge of the school property and the Committee responded that Phil Caton is working on that.   

Mr. Meincke then asked the Committee about authorizing Phil Caton to work on an enhanced landscaping plan.  The Committee did not feel that was necessary and suggested any additional landscaping could be accomplished as boy scout projects or community service activities.

When asked about lighting for the open areas and sports courts, Mayor Hlubik stated that it should be controlled so as not to infringe upon the nearby homeowners but some lighting should be maintained for security purposes.  Mr. Their responded that they were asking about expanding lighting other than the basic needed for security.  Mrs. Koetas-Dale stated that the Committee should consider the long-term maintenance expenses associated with this.  Mr. Durr stated that he felt lighting should be the minimum with the conduit in place for expansion if needed.   

At 7:55 PM the School Board left the meeting and the Committee took a brief recess. 

The Township Committee resumed their meeting at 8:00 PM with the approval of the minutes of June 25, 2009 on a motion by Mr. Durr and second by Mr. Hlubik.  All agreed. 

Resolutions 

Resolutions 2009-7-1 through 2009-7-4 and 2009-7-6 and 2009-7-7 were all approved on a motion by Mr. Durr and second by Mr. Hlubik.  All agreed.

 

RESOLUTION 2009-7-1

 

RESOLUTION AUTHORIZING ADDENDUM TO INTERLOCAL SERVICE AGREEMENT WITH THE COUNTY OF BURLINGTON FOR INTEGRATED LAW ENFORCEMENT COMPUTER PROJECT

 

          WHEREAS, Chesterfield Township entered into an agreement with Burlington County in October 2004 to host centralized computer hardware and software for the purpose of computer aided dispatching (CAD), law enforcement records systems (LERS), photo imaging, mapping and analysis and mobile computer terminals (MCT); and

          WHEREAS, in addition to the basic services identified in that agreement, the County now wishes to offer additional products and services; and

          WHEREAS, the Township Police Department wishes to participate in the use of these additional products and services at the cost outlined in the agreement attached hereto;

          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 an Addendum To the Master Interlocal Service Agreement between the County of Burlington and the Township of Chesterfield to participate in the use of Wireless Connections to the County network, Microsoft Antivirus Software and NJDex Information Sharing Project is hereby approved;

          BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Chesterfield are hereby authorized and directed to execute the Addendum to Master Interlocal Service Agreement.

 

RESOLUTION 2009-7-2

 

RESOLUTION TO CREATE THE PLAN ENDORSEMENT CITIZEN’S ADVISORY COMMITTEE

 

          WHEREAS, the Mayor and Township Committee of Chesterfield Township desire to obtain Plan Endorsement from the State Planning Commission; and

          WHEREAS, Plan Endorsement is a voluntary review process developed by the State Planning Commission to provide the technical assistance and coordination of the State for municipalities, counties, and regional agencies to meet the goals of the State Planning Act and State Development and Redevelopment Plan; and

          WHEREAS, the State Planning Act recognizes that coordination of State action is necessary to help municipalities develop New Jersey’s economy while protecting the natural, historic and recreational resources, providing adequate and diverse housing, and redeveloping our cities and older suburban areas; and

          WHEREAS, the purpose of the Plan Endorsement process is to increase the degree of consistency among municipal, county, regional and state agency plans with each other and with the State Plan and to facilitate the implementation of these plans with the primary focus on where and how development and redevelopment can be accommodated in accordance with the State Plan; and

          WHEREAS, the State Planning Rules and Plan Endorsement Guidelines establish a comprehensive and coordinated planning process in order for a municipality to consider, and update as necessary, master plans, functional plans, development regulations and capital plans to be consistent with the State Plan and achieve plan endorsement; and

          WHEREAS, through plan endorsement, master plans, functional plans, development regulations and capital plans should be coordinated and supportive of each other; and

          WHEREAS, the State Planning Rules and Plan Endorsement Guidelines incorporate, and expand upon, the principles of the Municipal Land Use Law in order to help towns plan for a sustainable future; and

          WHEREAS, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-27, the Mayor may appoint one or more persons as a citizen’s advisory committee to assist or collaborate with the planning board in its duties, including adoption of, and amendment to, the master plan to guide the use of lands within the municipality in a manner which protects the public health and safety and promotes the general welfare of the community; and

          WHEREAS, the Plan Endorsement Guidelines and State Planning Rules require the appointment of a Plan Endorsement Advisory Committee to guide the municipality through the Plan Endorsement process; and

          WHEREAS, the Plan Endorsement Advisory Committee shall consist of between five (5) and ten (10) members, including one representative of the governing body, a Class IV member of the Planning Board; one representative of a local board, commission or committee who is not a member of the Planning Board; and two representatives of the public that do not hold a position, employment or office with the municipality.

          NOW, THEREFORE, BE IT RESOLVED that the Mayor of Chesterfield Township hereby approves and adoption the following:

 

          Chesterfield Township establishes a Plan Endorsement Citizen’s Advisory Committee consisting of between 5 and 10 members as follows:

 

          1.          Michael J. Hlubik, Mayor

          2.          F. Gerry Spence, Planning Board Member

          3.          Elise Bremer-Nei, Environmental Commission Member

          4.          Linda Osman, resident

          5.          Jack Homa, resident

          6.          Amy Coover, optional member

          7.          Matthew Weismantle, optional member

 

          The members of the Citizen’s Advisory Committee shall serve at the pleasure of the Mayor; and

          The Citizen’s Advisory Committee shall report findings and conclusions of its actions performed pursuant to the State Planning Rules and Plan Endorsement Guidelines, and make recommendations to the Planning Board on next steps, but shall have no power to vote or take other action required of the Planning Board; and

          The Citizen’s Advisory Committee shall report to the Township Committee on the status of plan endorsement; and

          The Citizen’s Advisory Committee shall be entitled to call to is assistance any personnel of any municipal department or consultant thereto as it may require in order to perform its duties; and

          The Citizen’s Advisory Committee is established for the purpose of: 

·        Guiding the plan endorsement process for the municipality;

·        Increasing public awareness of, and participation in, the plan endorsement process for the community;

·        Serving as the liaison with the State, County Regional agencies and Local Officials throughout the plan endorsement process;

·        Assisting the municipality in meeting the deadlines of plan endorsement;

·        Take the lead on completing the municipal self-assessment and submitting the required planning documents to the Office of Smart Growth;

·        Helping to facilitate community visioning as described in the Plan Endorsement Guidelines and community visioning standards;

·        Reporting the findings and conclusions of the self-assessment and community visioning to the          local Planning Board for its review; and

·        Negotiating a draft Action Plan with the Office of Smart Growth, in collaboration with the Planning Board and Township Committee, to consist of actions that should be taken to adopt and/or update plans, ordinances and regulations in order to meet the plan endorsement requirements;

·        Facilitating completion of the Act Plan items in order to achieve endorsement by the State Planning Commission and enjoy the benefits available to the municipality as a result of the endorsed plan.

                                  

          BE IT FURTHER RESOLVED that the Clerk of Chesterfield Township shall transmit a copy of this Resolution and the notice as required in the State Planning Rules to the State Planning Commission.     

 

          RESOLUTION 2009-7-3

 

RESOLUTION APPOINTING AN AGRICULTURAL ADVISORY COMMITTEE

 

          WHEREAS, the Township of Chesterfield has applied for and been awarded a Smart Growth Grant from the Department of Community Affairs for the preparation and implementation of a Comprehensive Farmland Preservation Plan; and

          WHEREAS, the Office of Smart Growth requires that the Township adopt an updated Right to Farm Ordinance and complete a Municipal Self-Assessment Report to provide a basis for a Plan Endorsement Petition; and

          WHEREAS, one of the initial steps in this process is the appointment of an Agricultural Advisory Committee comprised on at least three, but not more than five residents of the municipality; and

          WHEREAS, a majority of the members of the committee should be actively engaged in farming and own a portion of the land they farm;

          NOW, THEREFORE BE IT RESOLVED by the Mayor and Township Committee of the Township of Chesterfield that the following residents shall service on the Agricultural Advisory Committee for the preparation of a Comprehensive Farmland Preservation Plan:

                    Walter (Chip) Katona, Raymond Hlubik, Michael Russo

                             John Probasco and Lawrence Kuser

                  

          BE IT FURTHER RESOLVED that the Agricultural Advisory Committee is required to report to the Municipal Land Use Board.

                                               

RESOLUTION 2009-7-4

 

RESOLUTION AUTHORIZING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE TO CHESTERFIELD BLACK STALLION INN 

 

          WHEREAS, Chesterfield Black Stallion Inn has applied to the Township Committee of the Township of Chesterfield for renewal of Plenary Retail Consumption License No. 0307-33-001-003 for the term July 1, 2009 through June 30, 2010 as permitted by N.J.S.A. 33:1-1 et. seq., and N.J.A.C. 1:2-6; and

          WHEREAS, the Township Committee, before making a decision on whether to renew this license, opened the matter to the public at which time no objections were noted; and

          WHEREAS, the Township Committee deems the renewal of this license to be appropriate;

          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 application of Chesterfield Black Stallion Inn for the renewal of its Plenary Retail Consumption License No. 0307-33-001-003 for the term July 1, 2009 through June 30, 2010 is hereby approved and the license is granted. 

Resolution 2009-7-5 was tabled on a motion by Mr. Durr and second by Mr. Hlubik. All agreed.  Mr. Gillespie stated that he does not agree with one of the recommendations in the audit and is not comfortable letting the Committee approve it until he has had an opportunity to speak with the Auditor. 

 

Discussion 

Newspaper Recycling Cart Program – the Clerk shared with the Committee a request from the County to get Chesterfield into the newspaper recycling cart program.  The first payment required, if applying the program to the entire Township, is $7,000 in the fall to get the program online by the first of the year.  There is no money in the budget to accomplish this now.  Mr. Gillespie offered opinions on how this has worked in other municipalities and stated that it would be perfect for the receiving area, but perhaps not so good in the remained of the Township where there are long lanes from the houses to the edge of the road.  The carts are quite large.  On a motion by Mr. Durr and second by Mr. Hlubik, it was decided to explore a pilot program with the carts in the Receiving Area, Fenton Lane and the Village of Crosswicks if financing could be deferred until next year.  All agreed.   

Ward Avenue Properties – closed session discussion 

Gypsy Moth Survey – the Clerk was instructed to request the State to perform the survey. 

August meeting – due to the lack of a quorum, the August 12 meeting will be cancelled. 

Police Contract – the Clerk has provided the Committee with the requests of the Police Department for their new contract.  The current contract expires December 31.  The Committee will review the proposal and the Clerk will make comparisons to the current contract and personnel policy.   

Payment of Bills 

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

The Committee approved Resolution 2009-7-8 to enter Executive Session for the purpose of discussing matters related to the possible acquisition of the Ward Avenue properties and equipment from the former Emergency Management Coordinator on a motion by Mr. Durr and second by Mr. Hlubik.  All agreed.  The Committee entered executive session at 8:21 PM. 

The Committee resumed open session and adjourned the meeting at 9:07 PM on a motion by Mr. Durr and second by Mr. Hlubik.  All agreed. 

Respectfully submitted,

Bonnie J. Haines, RMC

Township Clerk

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