June 25, 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.  Hearing none, the Committee continued with agenda items. 

Approval of Minutes 

The minutes of June 10, 2009 were approved on a motion by Mr. Durr and second by Mr. Kelly.  All agreed. 

Presentation by Family Services of Burlington County 

John Pagenkopf and Anna Payanzo were present to explain their services to the Township Committee.  John Pagenkopf, an independent housing broker for Family Services outlined his past experiences with Family Services.  Mr. Pagenkopf explained that a townhouse used as an affordable unit could provide 2 ½ credits toward the Township’s COAH obligation.  Each bedroom counts as a unit.  Anna Payanzo described the services offered by Family Services and explained that they currently operate 26 group homes in South Jersey.  Staff members come to the homes to help with daily skills.  This is supportive housing promoting independent living.  They are not halfway houses.  They are currently looking at townhouses in the K. Hovnanian development. If approved, there would not be staff onsite 24 hours.  If they were to do something with the houses on Ward Avenue, that would be more of a group home atmosphere with 24 hour staff on site. 

 Mr. Durr pointed out that Chesterfield is a rural community with limited employment opportunities.  There are no opportunities within walking distance and he questions whether locating this type of housing in Chesterfield is the best use of funds.  Mr. Pagenkopf responded that transportation is provided through the program.  Mr. Pagenkopf continued that they are looking at 1 or 2 units per building in K. Hov., they are not interested in purchasing the entire building.  They need to get an answer to K. Hovnanian if they would like to move forward.  The Ward Avenue houses would be better used as a group home.   

Mr. Durr asked if this would place any additional burden on the community as far as emergency services.  Ms. Payanzo replied that she is unaware of any police activity at the other units located in Southampton and Lumberton.  Mr. Durr asked about the current deeds and covenants in place for those properties and Mr. Gillespie responded that they are subject to the same restrictions.  The units will be sold to Family Services and they will rent the units.  Mr. Durr asked about accommodating local residents with needs and Ms. Payanzo replied that they do have a waiting list but would prioritize local residents in need.   

Mr. Kelly asked about the deed restriction and how long it lasts.  Ms. Payanzo replied that the financing sometimes determines that, but for the most part the restriction is in place for 30 years.   

Mr. Gillespie advised that Family Services could begin discussions with K. Hovnanian and the Committee will have a later discussion concerning the Ward Avenue properties.  Mr. Kelly asked that the Township be kept apprised of all discussions with K. Hovnanian. 

Resolutions 

Resolution 2009-6-6 was explained by Mr. Gillespie that the deed restriction for future houses has been approved, however no decision has been made on the existing houses.  The Resolution was approved on a motion by Mr. Kelly and second by Mr. Durr.   

RESOLUTION 2009-6-6 

RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION WITH M&M AT CHESTERFIELD LLC 

          WHEREAS, on or about June 10, 2009, M & M at Chesterfield, LLC filed suit against the Township of Chesterfield, the Township Clerk and the Township Construction Official in the Superior Court of New Jersey, Burlington County, Law Division, Docket No. BUR-L-1935-09, seeking certain injunctive and other relief arising from the Township’s refusal to issue any further Building Permits and Certificates of Occupancy for the Chesterfield Downs development because M&M at Chesterfield, LLC (“the Developer”) had failed to file certain restrictive covenants and deed restrictions that were required in its original Resolution of Approval and, therefore, the Township Committee determined that it was not in compliance with the conditions of approval and therefore, Building Permits should never have been issued in the first place by the Construction Official, and although the Township Committee was unaware at that point that the deed restrictions had not been filed, it took the necessary steps to ensure compliance with the Resolution of Approval; and

          WHEREAS, the Developer has now agreed to file certain deed restrictions both as to properties which have not yet gone to closing, and as to properties which had previously closed, and to be responsible for same; and

          WHEREAS, the Developer has also agreed to dismiss any and all claims for damages or any other relief against the Townships or its officials, agents, employees and servants, and the goals and purposes of the Township Committee have now been met in that the Developer will file the deed restrictions as required by the Resolution of Approval; and

          WHEREAS, the Township Attorney has negotiated a settlement with the Developer which meets the demands of the Township in this regard, and the Township Committee finds it to be appropriate and in the best interest of the Municipality to authorize the execution of the Consent Order and Settlement Agreement & Release, copies of which are attached hereto, and made a part hereof;

          NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield that the Township Solicitor be and is hereby authorized to execute the attached Consent Order and Settlement Agreement & Release;

          BE IT FURTHER RESOLVED that this Resolution is made effective nunc pro tunc to June 17, 2009, the individual members of the Township Committee having previously given the Township Solicitor their permission for same.                                               

Resolution 2009-6-7 was approved on a motion by Mr. Durr and second by Mr. Kelly.  All agreed.

RESOLUTION 2009-6-7

RESOLUTION AUTHORIZING RENEWAL OF MEMBERSHIP IN THE BURLINGTON COUNTY MUNICIPAL JOINT INSURANCE FUND

          WHEREAS, the Township of Chesterfield is a member of the Burlington County Municipal Joint Insurance Fund (hereinafter the “FUND”); and

          WHEREAS, said membership terminates as of January 1, 2010 unless earlier renewed by agreement between the municipality and the FUND; and

          WHEREAS, the Township of Chesterfield desires to renew said membership;

          NOW, THEREFORE, BE IT RESOLVED as follows:

                    1.          The Township of Chesterfield agrees to renew its  membership in the FUND and to be subject to the

                             Bylaws, Rules and Regulations, coverages, and operating procedures thereof as  presently existing

                             or as modified from time to time by lawful act  of the FUND.

                    2.          Glenn McMahon, Fund Commissioner, shall be and hereby is authorized to execute the “Agreement to

                             Renew Membership” annexed hereto and made a part hereof and to deliver same to the FUND                              evidencing the Township of Chesterfield’s intention  to renew its membership.

Resolution 2009-6-8 was approved on a motion by Mr. Durr and second by Mr. Kelly.  All agreed. 

RESOLUTION 2009-6-8 

RESOLUTION AUTHORIZING PERMANENT STATUS AND SALARY OF ROAD WORKER III 

          WHEREAS, Andrew Hoyer was appointed as Public Works Laborer / Road Worker June 30, 2008; and

          WHEREAS, conditions of that appointment included a twelve month probationary period and successfully obtaining a Commercial Drivers License; and

          WHEREAS, Andrew obtained his Commercial Drivers License October 16, 2008 and his twelve month probationary period expires June 30, 2009; and

          WHEREAS, the Public Works Manager has recommended that Andrew become a permanent employee; and

          WHEREAS, according to the agreement made at the time of his employment, Andrew’s salary would be increased to $31,000 annually when the conditions of his employment had been met;

          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 Andrew Hoyer’s status of employment become permanent and his salary is increased to $31,000.00 as of July 1, 2009 as authorized by Ordinance 2009-13.                      

Resolution 2009-6-9 was approved on a motion by Mr. Kelly and second by Mr. Durr.  All agreed. 

RESOLUTION 2009-6-9

RESOLUTION AUTHORIZING REFUND OF AFFORDABLE HOUSING DEVELOPMENT FEES PAID BY CROSSWICKS INN KEEPERS, LLC AND AUTHORIZING THE USE OF AFFORDABLE HOUSING DEVELOPMENT FEES AND MONEY FROM THE GENERAL BUDGET TO FUND A ONE-UNIT MARKET TO AFFORDABLE PROGRAM BY CROSSWICKS INN KEEPERS, LLC IN THE RENOVATED CROSSWICKS INN

           WHEREAS, Crosswicks Inn Keepers, LLC (“Inn Keepers”) is the owner of the historic Crosswicks Inn which was recently refurbished and is improved with an eating establishment on the first floor and three apartments on the upper floors; and

          WHEREAS, Inn Keepers previously paid affordable housing development fees to the Township in the amount of $ 5,427.00 in accordance with the Township’s Affordable Housing Development Fee Ordinance which was heretofore approved by the New Jersey Council on Affordable Housing (“COAH”); and

          WHEREAS, Inn Keepers subsequently agreed to deed restrict one (1) one-bedroom apartment on the second floor of the building to be made available for a period of thirty (30) years to a moderate income household pursuant to COAH’s third round regulations in exchange for the payment by the Township of $35,000.00; and

          WHEREAS, the Inn Keepers agreement to produce the affordable apartment unit requires that the Township refund the affordable housing development fee payment that was previously made by the Inn Keepers; and

          WHEREAS, there is currently $30,614.48 in the Township’s Affordable Housing Development Fee Trust Account which, after deducting the $5,427.00 that must be refunded to the Inn Keepers, leaves a remaining balance of $25,187.48 that can be used to partially fund the $35,000.00 consideration to implement the on-unit market to affordable program in the Crosswicks Inn; and

          WHEREAS, both COAH and the Superior Court have approved the expenditure of funds from the Township’s Affordable Housing Trust Account to partially fund the market to affordable unit to be produced in the Crosswicks Inn subject to the Township funding the remaining balance out of the 2009 general budget to pay for the entire $35,000.00 consideration; and

          WHEREAS, there are currently sufficient funds in the Fair Housing Act line item of the 2009 municipal budget to pay for the remaining consideration in the amount of $9,812.52; and

          WHEREAS, the Township Committee desires to adopt this Resolution authorizing the refund of the aforementioned prepaid affordable housing development fees to the Inn Keepers and to authorize the use of monies in the Affordable Housing Development Fee Account when combined with monies from the 2009 budget to pay for the consideration necessary to implement the on-unit market to affordable initiative in the Crosswicks Inn.

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

          A.          That $ 5,427.00 in prepaid affordable housing development fees be refunded to Crosswicks Inn Keepers LLC for the reasons set forth above.

          B.          That affordable housing development fees in the amount of $25,187.48 be expended from the Affordable Housing Development Fee Trust Account to partially fund the $35,000.00 consideration for the market to affordable unit that is being produced in the Crosswicks Inn.

          C.          That 9,812.52 be withdrawn from the Fair Housing Act line item in the 2009 general budget to pay for the remaining balance of the $35,000.00 consideration to implement the market to affordable unit in the Crosswicks Inn. 

Discussion 

Feasibility Study for Municipal Building – The Clerk and Solicitor will work on Requests for Proposals for the next meeting. 

Video Conferencing Equipment – the Clerk informed the Committee that Springfield Township has expressed an interest in purchasing the video conferencing equipment formerly used by the Court.  Mr. Kelly asked the Clerk to contact the Elementary School to see if they would have any use for the equipment. 

Toll Sewer Reimbursements – Mr. Gillespie has sent a letter explaining that there are a few developers who have final approvals but have not yet begun to build so they have not paid Toll for their sewer reimbursement fees.  The letter directs the Clerk to instruct the Construction Official not to issue any building permits until he confirms that these payments have been made in order to avoid a situation like we recently had with M & M. 

Payment of Bills 

The bill list, consisting of the following three checks payable to the Reserve Account were approved on a motion by Mr. Durr and second by Mr. Kelly.  All agreed. 

          Current Account – check # 9131            $ 229.07

          Dog Trust Account – check # 1283        $     7.74

          Sewer Utility Account – check # 540      $ 197.32 

Mayor Hlubik opened the meeting to comments from the public.  Tom Mizerak of Fenton Lane questioned the status of the land swap.  His attorney told him that no deeds have been field.  Mrs. Jamanow replied that the deeds were filed months ago.  Mr. Gillespie will check with his office to see what the status is.  Mr. Mizerak asked about fencing on his side of the recreation parcel.  Mrs. Jamanow stated that the plans for that side have not been finalized.  Mr. Durr stated that the entire property will eventually be fenced but the portion behind Mr. Mizerak’s will not be done right now.

 Ulrich Haller asked how high and how far from the property line the fence will be behind his house.  Mrs. Jamanow responded that DEP requires the Township to place a fence at the riparian line.  There is no fencing at this time along the Haller property but eventually there will be a 4 foot fence placed on the property line.   

Hearing no other comments, the Committee approved Resolution 2009-6-10 to enter Executive Session for the purpose of discussing matters related to the possible acquisition of Ward Avenue properties, and dispute resolution concerning the Sewer Treatment Plant at Wagner on a motion by Mr. Durr and second by Mr. Kelly.  All agreed.  The Township entered Executive Session at 8:45 PM.   

The Township resumed open session and adjourned the meeting at 9:52 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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