June 10

June 10, 2009

The Township Committee met on the above date. 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 Township Committeeman Lawrence H. Durr. 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. Steve Hueberling of the Bordentown Soccer Association was present to ask the Committee how they would feel about the Association putting up some portable light units at Friendship Field. The Correctional Facility has no objection, however, there are other people with more authority that need to approve it. He has had a dialogue with some of the neighbors. The lights will not be used year round or every night. They are mostly for tournament games which are usually over between 9:30 and 10:00 PM. Mrs. Jamanow stated that it may be a site improvement issue. Mr. Gillespie stated that he has a meeting with Mr. Haymen of Corrections next week about the Ward Avenue properties. If he could get more information, he would be happy to bring it up in that meeting. Mr. Kelly questioned the height of the lights. Steve replied that they are approximately 30’ tall and on wheels which will be removed so they can’t be stolen. The State does not want anything permanent. They will be used during the fall after the time changes. Mr. Durr asked if, since the lights will allow them to play later and longer, will this place an additional burden on the EMS volunteers. Steve responded that, for tournaments, private EMS services are hired. Mr. Durr asked that it be verified that it will not place any additional burden on the volunteers. Mr. Kelly questioned traffic management and the impact on the police department. Steve stated that they hire off duty officers for tournaments and will verify that as well. As far as the site plan issues, Mr. Gillespie stated that the State is exempt from filing a site plan if it is a function of the State government. This is not a State function so they may be required to comply with site plan regulations. However, it needs to first be determined that the State will allow this. Mr. Kelly would also like the input from the neighbors reflected in the information that is sent to Mr. Gillespie.

Consent Agenda

The minutes of May 28, 2009 were approved on a motion by Mr. Durr and second by Mr. Hlubik. They agreed and Mr. Kelly abstained.

Police Department Report

Chief Wilson sent his apologies through the Township Clerk for not being in attendance. He had a departmental training exercise which he was hoping would be completed in time to attend the meeting. His only concern was the Emergency Management letter concerning the outstanding equipment. Mr. Gillespie stated that the letter would go out tomorrow.

Township Engineer

Mrs. Jamanow reported that pre-construction meetings have been held for both the Chesterfield-Georgetown Road project and the Sports Complex project. Georgetown Road will only take 2 days, however she is not sure when they will start. Mr. Hlubik stated that the County has finally leveled the bridge with the roadway and he hopes the paving will not change that. Mrs. Jamanow stated that they will put a joint there and blend the roadway to the bridge. The Sports Complex will start next week.

Mrs. Jamanow has sent a letter to Matzel and Mumford asked that the dirt pile be removed. She have not received a response yet.

Mayor Hlubik asked about the letter from the Environmental Commission concerning the issues they had with the plans for the Sports Complex. Mrs. Jamanow stated that she responded to the letter and all the issues have been addressed.

Mr. Kelly stated that he has received a complaint from a resident concerning trash in the basins in the Receiving Area. Nancy will check into that.

The Clerk informed the Committee that there is an issue with the Toll Sewer Reimbursements that she would like to discuss. Mr. Gillespie stated that this matter ties into another matter that will be discussed in Executive Session and it should be discussed then.

Ordinances for Public Hearing

The public hearing on Ordinance 2009-16 was opened on a motion by Mr. Durr and second by Mr. Kelly. The Clerk explained that both Ordinance 2009-16 and 2009-17 were Ordinances that reallocate monies in existing bond ordinances for different purposes. Hearing no public comments, the public hearing was closed on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Ordinance 2009-16 AN ORDINANCE AMENDING ORDINANCE 2003-2 OF THE TOWNSHIP OF CHESTERFIELD, COUNTY OF BURLINGTON, NEW JERSEY was finally adopted on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

The public hearing on Ordinance 2009-17 was opened on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Hearing no comments, the public hearing was closed on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Ordinance 2009-17 AN ORDINANCE AMENDING ORDINANCE 1999-2 AS PREVIOUSLY AMENDED BY ORDINANCE 2005-5 OF THE TOWNSHIP OF CHESTERFIELD, COUNTY OF BURLINGTON, NEW JERSEY was finally adopted on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

The public hearing on Ordinance 2009-18 was opened on a motion by Mr. Durr and second by Mr. Kelly. Mr. Durr explained that he attended the Local Finance Board meeting this afternoon with Mr. Maley. The Local Finance Board granted their approval and again commended the Township for their financial responsibility. Hearing no other comments, the public hearing was closed on a motion by Mr. Durr and second by Mr. Kelly and Ordinance 2009-18 BOND ORDINANCE AUTHORIZING VARIOUS CAPITAL IMPROCEMENTS IN AND FOR THE TOWNSHIP OF CHESTERFIELD, COUNTY OF BURLINGTON, NEW JERSEY; APPROPRIATING THE SUM OF $2,272,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE TOWNSHIP OF CHESTERFIELD, COUNTY OF BURLINGTON, NEW JERSEY IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $2,158,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTION IN CONNECTION WITH THE FOREGOING was finally adopted on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

Resolutions

Resolution 2009-6-1 through 2009-6-4 were approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.

RESOLUTION 2009-6-1

RESOLUTION AUTHORIZING RENEWAL OF PLENARY RETAIL CONSUMPTION LICENSE TO OLD YORK RESTAURANT SERVICES L.L.C.

WHEREAS, Old York Restaurant Services L.L.C. has applied to the Township Committee of the Township of Chesterfield for renewal of Plenary Retail Consumption License No. 0307-33-002-005 for the term July 1, 2009 through June 30, 2009 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 for a hearing on the application, 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 Old York Restaurant Services, L.L.C. for the renewal of its Plenary Retail Consumption License No. 0307-33-002-005 for the term July 1, 2009 through June 30, 2009 is hereby approved and the license is granted.

RESOLUTION 2009-6-2

RESOLUTION AUTHORIZING AUCTION OF MUNICIPAL PERSONAL PROPERTY

WHEREAS, the Township of Chesterfield owns personal property which is no longer needed for public use; and

WHEREAS, N.J.S.A. 40A:11-36 authorizes the governing body, by resolution, to sell its personal property no longer needed for public use; and

WHEREAS, the Township Committee is desirous of authorizing said auction of equipment;

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Chesterfield, County of Burlington, State of New Jersey that the following items shall be sold at public auction at the Chesterfield Township Municipal Building, 300 Bordentown-Chesterfield Road in Chesterfield Township on Thursday, June 25, 2009 at 7:00 PM:

2000 Chevrolet Blazer 95,806 miles

VIN 1GNDT13WBY2165963

2002 Ford Crown Victoria 171,100 miles

VIN 2FAFP71WX2X131819

BE IT FURTHER RESOLVED that public inspection of these vehicles shall be permitted between the hours of 7:30 AM and 3:30 PM, Monday through Friday at the Municipal Building.

RESOLUTION 2009-6-3

RESOLUTION AUTHORIZING REFUND OF

PROPERTY TAX OVERPAYMENT

WHEREAS, Block 202 Lot 53.02 is owned by Stanley & Deborah Saganowski; and

WHEREAS, Bank of America made payment through Country Wide Tax Service for 2^nd quarter taxes in the amount of $1,328.52 on April 16, 2009; and

WHEREAS, the balance due on the account at that time was $207.17; and

WHEREAS, the payment created an overpayment in the amount of $1,121.35; and

WHEREAS, a request has been made by Bank of America to refund the overpayment in the amount of 1,121.35 to Bank of America.

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 $1,121.35 to Bank of America.

RESOLUTION 2009-6-4

RESOLUTION AUTHORIZING REFUND OF

PROPERTY TAX OVERPAYMENT

WHEREAS, Block 101 Lot 3 was owned by Dennis and Mary Ann Donovan; and

WHEREAS, the mortgage company and an attorney trust account paid the second quarter taxes in the amount of $1,195.42 on behalf of Mr. and Mrs. Donovan; and

WHEREAS, the payments created an overpayment in the amount of $1,195.42; and

WHEREAS, a request has been made by the Bernard M. Reilly, Esquire to refund the overpayment in the amount of 1,195.42 to Dennis and Mary Ann Donovan.

Discussion

Proposal for Fair Share Analysis – Mr. Gillespie explained the confusion over the first proposal submitted by Mr. Caton, who has since submitted a revised proposal in the amount of $19,250 for the fair share analysis & Housing Element and Fair Share Plan.

Mr. Durr asked if the Township’s Planner has to do this or if it can be done by someone else. Mr. Gillespie stated that there are only 2 issues – what is the 3^rd round # and the fair share plan.

Mr. Hlubik stated that the quoted amount seems high for the preparation of something that just requires updating.

Mr. Kelly stated that we have a unique situation and it may not be able to be based on prior calculations.

Mr. Durr asked for the hourly wage of Mr. Caton and Mr. Gillespie responded that his standard hourly rate is $150.00. Mr. Durr stated that’s 100 hours of work to update a report. Perhaps we should request quotes from other firms.

Mr. Gillespie stated that the Township could request RFP’s for the professional service.

On a motion by Mr. Durr and second by Mr. Kelly, it was decided to request RFP’s for the preparation of this report. All agreed with the exception of Mr. Kelly who abstained.

Acacia Credit Corporation – Mr. Gillespie sent a letter but has no received a response.

OPRA Request for School information – Mr. Gillespie explained that he recently requested information from the Clerk for a brief he was writing and some of the information concerned the school and monies spent for the new school construction.

When the Clerk requested that information, she was informed that an OPRA request would be required in order to produce that information and Mr. Gillespie sees a lack of cooperation on the part of the school. The request will be filed in the morning with the assertion that the information is needed by Friday.

Payment of Bills

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

Mayor Hlubik opened the meeting to the public for comments. Steve Hueberling congratulated the Committee on the new sports facility construction and asked that if the Township is ever doing any paving projects and needs to get rid of the millings, they could use them in the driveway at Friendship Field.

Hearing no other comments, the Committee approved Resolution 2009-6-5 to enter executive session for the purpose of discussing matters related to anticipated litigation and the Liptak litigation on a motion by Mr. Kelly and second by Mr. Durr. All agreed. The Committee entered Executive Session at 8:45 PM.

The Committee resumed open session at 9:37 PM. On a motion by Mr. Durr and second by Mr. Hlubik, the motion to approved the minutes was amended to require the minutes be amended to reflect the entire conversation at that meeting with Mr. Curley. All agreed.

The meeting was adjourned at 9:40 PM 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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