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March 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. Mayor Hlubik asked the public to pause for a moment of silence. Roll call was taken showing present: Mayor Michael J. Hlubik and Deputy Mayor Brian J. Kelly present. Committeeman Lawrence H. Durr was not present due to the emergency hospitalization of his wife. Also present were Nancy W. Jamanow, Township Engineer and John 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. Dave Bibus – Sykesville Road - is troubled by the horrible postal service. It was never a problem before the zip code change. Valerie Jones – Crosswicks - stated the problem is Chesterfield and a Crosswicks zip code. Chesterfield needs their own post office. She stated when the deadline for the zip code survey was up there were not enough votes to get it to go through so Mr. Durr extended the deadline. Mr. Hlubik stated it was not Mr. Durr but the entire Township Committee. The extension was granted because there was a lot of response and the Post Office suggested extending the date. Mr. Kelly suggested we invite a representative from the postal service to attend a township committee meeting to address the concerns with the postal delivery system. Ulrich Haller – 55 Bordentown-Crosswicks Rd – Bordentown has problems with the postal service as well. It is not just here in Chesterfield. Mr. Hlubik stated the goal was to have the entire township under one zip code. Valerie Jones – Stated the Philadelphia Inquirer had an article about Mr. Durr and the TDR program. She stated that Township Committee and Planning Board members have to fill out financial disclosure forms. She asked why income from Mr. Durr’s TDR credits is not reported on that form. Mr. Gillespie responded that TDR is not property. Sale of TDR credits is not listed as income. Ms. Jones asked Mr. Hlubik to have Mr. Durr step down from the Township Committee. She stated that Mr. Durr received extra TDR credits as well. Mr. Hlubik stated the article was written because someone has filed a suit against the Township and that party has stated that if their property is included in the receiving area then the suit will go away. Mr. Hlubik explained there is an appeal process for the credit allocation and others received additional credits as well. Ms. Jones stated there are numerous suits against the Township. Mr. Gillespie responded that there is one suit filed. Richard Hutchinson – Stevenson Lane – He stated there is a problem on Thorn Lane with speeders. He would like to see a stop sign at Thorn & Stevenson. Ms. Jamanow will look into this and see if it is possible. Chief Wilson stated they had a pre-construction meeting with the construction company for the school. They have reviewed the traffic pattern and parking with the company. They have been warned. Pete Oko – 27 Thorn Lane - stated the police are doing a good job but once they leave the speeding starts up again. He is concerned when construction starts it will be a problem. Mary Acevedo – Fenton Lane - stated there is a blind curve near the recreation field and concerned with the traffic and speed in this area. Ms. Jamanow advised her the speed limit ordinance is on the agenda for later this evening. Ms. Jamanow also stated that pedestrian signs could be posted and there is no need for an ordinance. Albert Paulson – Stevenson Lane stated he wanted to reinforce the stop sign issue. He also stated that around the village green there are no street lights on Stevenson. There are some on Thorn & Wright. Ms. Jamanow stated the lights are at the intersections only in that part of the development as it was approved under the old ordinance. She will check and see if lighting is proposed within the village square. Albert Fleming – Wright Drive agrees there is the need for a stop sign. Consent Agenda The minutes of February 26, 2009 and March 4, 2009 were approved on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. Police Department Report Chief Wilson reported 243 calls during the month of February. The Chief also reviewed departmental and individual training during the past month. Mr. Hlubik asked if there is any gang activity around the old Sky Lodge and Wrightstown. The Chief stated there is. Mr. Kelly asked about the thefts. The Chief responded that there has not been any identification as of yet. They have met with other townships that have reported thefts with similarities. Township Engineer Ms. Jamanow stated she met with a firm regarding an energy audit. They would conduct an audit of all township buildings and the firehouse as well. She will coordinate this with Bonnie when she returns to work. There will be no cost to the Township. They will provide us with suggestions. Mr. Kelly asked for the school building to be included as well. Ms. Jamanow stated the Township will not be bound by any of their findings. Mr. Gillespie stated if we have work done it will need to go out for bid. Ms. Jamanow is presently working on the grading plan for the Fuchs property. Also an update of the cost estimate has been submitted for Black Road. There was an Ordinance which included Black Road. This needs to review and see if monies are still available under that Ordinance. Ordinance for Introduction Ordinance 2009-10 was approved for introduction on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. Public hearing will be March 26, 2009. Ordinance for Public Hearing The public hearing on Ordinance 2009-9 was opened on a motion by Mr. Kelly and second by Mr. Hlubik. Dave Bibus stated that is a lot of money. Mr. Hlubik stated that the monies have been collected from the developers. Mr. Gillespie explained this is not a bond ordinance and the Township is not borrowing money. This is money already collected. Randy Wolice asked if this was for the Fuchs property. He was told yes. Mary Acevedo – Fenton Lane asked if the plans are posted anywhere. Mr. Hlubik stated there is a general plan but right now just working on the athletic fields. Pete Oko – Stevenson Lane – asked if this was for the village green. Ms. Jamanow stated the recreation monies will go towards that as well but they are not part of this ordinance. The plan has not been approved by the township committee yet. Mr. Kelly stated there was a public session at the Community Center. The plan presented needs some fine tuning but the concept remains the same. Hearing no further comments, the public hearing was closed on a motion by Mr. Kelly and second by Mr. Hlubik. Ordinance 2009-9 A CAPITAL ORDINANCE OF THE TOWNSHIP OF CHESTERFIELD AUTHORIZING THE APPROPRIATION OF $1,000,000 FROM THE GENERAL CAPITAL FUND RESERVE FOR RECREATION IMPROVEMENTS was finally adopted on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. Resolutions Resolution 2009-3-1 was approved on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. RESOLUTION 2009-3-1
RESOLUTION AUTHORIZING REFUNDS OF PROPERTY TAX OVERPAYMENT
WHEREAS, the following blocks and lots have overpayments on their first quarter property tax; and WHEREAS, the Tax Collector has verified the overpayment; and WHEREAS, a request has been made by the homeowner or the mortgage company to have the overpayment returned to them as follows: Block 202.13 Lot 10 - $894.15 to be refunded to Wells Fargo (Tucker) Block 202.07 Lot 31 - $838.18 to be refunded to Wells Fargo (Kadelak) Block 202.07 Lot 43 - $453.12 to be refunded to Countrywide (Raiktano) Block 202.14 Lot 9 - $1,421.07 to be refunded to Countrywide (Alugaddala) Block 202.122 Lot 2 - $1,931.23 to be refunded to the homeowner (Burke) 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 is hereby authorized to refund $5,537.75 to the above parties as outlined in this resolution.
Resolution 2009-3-2 - Mr. Kelly explained this is to award a contract for outside emergency medical services for the daytime. All the township police are EMTs but we need to have an ambulance as well. Valerie Jones asked what happened to the Crosswicks guys. Mr. Kelly explained that the Crosswicks firemen are still there. They are fine with this and they may put an ambulance there certain times. The resolution was approved on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed.
RESOLUTION 2009-3-2 AWARDING BID FOR EMERGENCY MEDICAL SERVICES
WHEREAS, emergency medical services for Chesterfield Township are primarily provided by volunteers through Chesterfield EMS; and
WHEREAS, Chesterfield EMS, as well as volunteer responders from surrounding towns, find it difficult to provide emergency response services on a regular basis during the daytime hours; and
WHEREAS, Chesterfield Township, in cooperation with Chesterfield EMS, desires to supplement the volunteer services with paid Emergency Medical Technicians (“EMTs”); and
WHEREAS, the paid EMTs will provide this service during daytime hours and, during the remaining hours, Chesterfield EMS will continue to provide service; and
WHEREAS, N.J.S.A. § 40A:11-4.1 et seq. permits a municipality to engage the services of a qualified emergency medical technicians through competitive contracting; and
WHEREAS, the statute authorizes up to a cumulative five-year contract for said services; and
WHEREAS, bids were opened on February 20, 2009; and
WHEREAS, the Township Clerk and Township Solicitor have reviewed the submissions by the vendors against the competitive contracting criteria established and announced in the bid specifications; and
WHEREAS, the Township Clerk created a report detailing the proposals and made same available to the public by announcement on the Township bulletin board, said report made part of the public record at the time of the adoption of this Resolution; and
WHEREAS, the Township Clerk recommends award of the contract to Mansfield Township Ambulance Corp.; and
WHEREAS, the Township Solicitor has confirmed that the submission is compliant with the New Jersey Local Public Contracts Law; and
WHEREAS, this contract is subject to the rules concerning certification of availability of funds.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Township Committee of the Township of Chesterfield, County of Burlington, State of New Jersey do hereby award a contract to Mansfield Township Ambulance Corp., 41 Fieldcrest Drive, Columbus, New Jersey, to perform emergency medical technicians services according to the terms and conditions in the bid specification and the contract for a one-year term running April 1, 2009 through March 31, 2010, which term shall be subject to extensions as provided in the specifications.
BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are hereby authorized to enter into a Contract to fulfill the terms of this agreement upon approval of the document by the Township Solicitor.
BE IT FINALLY RESOLVED, that the Township Clerk shall publish notice in the official newspaper summarizing the award of a contract to include the name of the vendor, duration and nature of the contract and a statement that the resolution and contract are on file and available for public inspection.
Resolution 2009-3-3 – Mr. Kelly explained the Crosswicks Fire budget failed and the Township Committee met with the District I Fire Commissioners on Monday evening to fix the budget. There will be a $50,000 cut which is one tax point. The resolution was approved on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. RESOLUTION 2009-3-3
RESOLUTION ESTABLISHING AND FIXING THE 2009 ANNUAL BUDGET FOR THE CHESTERFIELD TOWNSHIP AND HAMILTON TOWNSHIP FIRE DISTRICT #1 PURSUANT TO N.J.S.A. 40A:14-78.5B
WHEREAS, the 2009 Annual Budget for the Chesterfield Township and Hamilton Township Fire District #1 was rejected by a majority of the legal voters within said fire district at the annual election held February 21, 2009; and WHEREAS, in the event of a defeated budget, the governing bodies of the respective municipalities are required, pursuant to the provisions of N.J.S.A. 40A:14-78.5B, to fix the annual budget for said fire district; and WHEREAS, the Township Council of the Township of Hamilton has deferred to Chesterfield Township to set the Fire District Budget; and WHEREAS, at a public hearing held March 9, 2009, for which notice was advertised on February 26, 2009 in the Burlington County Times, interested persons were afforded the opportunity to be heard; and WHEREAS, the Township Committee of the Township of Chesterfield has considered the said annual budget and all public comment thereon; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield, County of Burlington and State of New Jersey that the amount to be raised by taxation to support said budget shall be reduced from $472,911.00 to $ 422,911.00 which shall be certified to the Tax Assessors of the Township of Chesterfield and the Township of Hamilton pursuant to N.J.S.A. 40A:14-79; BE IT FURTHER RESOLVED that the following detail represents the amounts amended from the 2009 proposed Fire District # 1 that will allow for the proper and efficient operation of said fire district and for the fire protection services provided: FROM TO
Other Expenses Fire Hydrant Rental $ 75,000.00 $ 45,000.00
Reserve for Future Capital Outlays $ 20,000.00 -0- BE IT FURTHER RESOLVED that copies of this Resolution be forwarded by the Municipal Clerk to the Director of the Division of Local Government Services, the Municipal Clerk of the Township of Hamilton, the Tax Assessor of the Township of Hamilton and the Tax Assessor of the Township of Chesterfield. Resolution 2009-3-4 – Mr. Kelly asked for an explanation. Chief Wilson explained this provides for uniform charges for outside police road jobs for the four townships involved. This allows to pull officers from the other townships when it cannot be filled within the township. The resolution was approved on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed.
RESOLUTION 2009-3-4 RESOLUTION OF THE TOWNSHIP OF CHESTERFIELD AUTHORIZING THE RENEWAL OF THE TERM OF AN INTERLOCAL SERVICES AGREEMENT WITH MANSFIELD, NORTH HANOVER, BORDENTOWN AND SPRINGFIELD TOWNSHIPS CONCERNING EXTRA DUTY ASSIGNMENT OF POLICE OFFICERS
WHEREAS, the Townships of Chesterfield, Mansfield, North Hanover, Bordentown and Springfield are neighboring Townships in Northern Burlington County; and
WHEREAS, their Police Departments provide traffic control and other off-duty police services to third parties; and
WHEREAS, the Townships often rely upon each other for additional officers to provide such services to third parties; and
WHEREAS, the Township of Chesterfield has entered into an Interlocal Services Agreement with the aforementioned Townships which requires annual renewal; and
WHEREAS, the Township of Chesterfield wishes to renew the Interlocal Services Agreement in accordance with its terms until December 31, 2009;
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 Mayor and Township Clerk are hereby authorized and directed to notify the Townships of Mansfield, North Hanover, Bordentown and Springfield that the Township Committee has elected to renew the agreement for the ensuing year until December 31, 2009, and provide each Township with a certified copy of this Resolution. Discussion Chesterfield Baptist Church request for wavier of performance bond requirements – Ms. Jamanow explained they are requesting they not be required to post bond. The Township did this for Shady Rest. All of the improvements are on site and nothing on municipal property. The request was approved on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. Crosswicks Innkeepers Agreement – Mr. Gillespie stated the agreement is a memorialization of the discussion taken place over the last few meetings. One unit will be used to provide affordable housing with a reimbursement from the township in the amount of $35,000. He stated the Township cannot spend funds out of the Housing Trust without a spending plan approved by COAH. Mr. Gillespie stated he has confirmed with the Township auditor that the Township can use surplus at this time and then replenish when the Township does a bond ordinance at a later date for Affordable Housing. Presently the agreement indicates payment within 30 days believes this is not enough time and recommends 60-75 days. Mr. Gillespie explained to the public that every Township is required to provide opportunity for affordable housing. The receiving area was approved with a six percent set aside for affordable housing by action of Judge Sweeney. The Third Round is still in dispute and will not be decided anytime soon. The first draft by COAH was thrown out by the Appellate Division and the next set of rules is worse and being challenged by many municipalities and the NJ League of Municipalities. Mr. Gillespie stated that $35,000 is acceptable. The property will be a deed restricted for the affordable unit for 30 years and the Township may get a bonus. Mary Acevedo asked if these were Mt. Laurel units. Mr. Gillespie stated there are already affordable housing units in the development and that is why we don’t have a lot of funds in the Housing Trust. The developers are building the units. Mr. Kelly made a motion to amend the agenda to add Resolution 2009-3-6. The motion was seconded by Mr. Hlubik. All agreed.
Resolution 2009-3-6 was approved on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. RESOLUTION 2009-3-6 RESOLUTION AUTHORIZING THE EXECUTION OF AN AFFORDABLE HOUSING AGREEMENT WITH CROSSWICKS INNKEEPERS, LLC AND MEASURES TO FUND THE AGREEMENT
WHEREAS, Crosswicks Innkeepers, LLC (“Innkeepers”) is the owner of the historic Crosswicks Inn at 2 Chesterfield-Crosswicks Road, Crosswicks, New Jersey that has an eating establishment on the first floor and three residential apartments on the second and third floor; and WHEREAS, the third round rules adopted by the New Jersey Council on Affordable Housing (“COAH”) at N.J.A.C. 5:97-6.9 authorize municipalities “… to pay down the cost of market-rate units and offer them in sound condition, for sale or rent, at affordable prices to low-and-moderate income households to address all or a potion of the fair share obligation” which is commonly known as a “Market to Affordable” Program; and WHEREAS, Innkeepers has agreed to participate in a one (1) unit Market to Affordable Program with Chesterfield Township and to deed restrict one (1) bedroom Apartment 2A on the second floor of the Crosswicks Inn for occupancy for a period of thirty (30) years by moderate income individuals or households in exchange for the payment of $35,000.00; and WHEREAS, the specifics of the parties obligations and duties are as documented in the proposed Affordable Housing Agreement (“Agreement”) that is attached hereto as Exhibit “A”, the terms of which are incorporated by reference as if set forth herein at length; and WHEREAS, the purpose of this Resolution is to authorize the execution of the Agreement and to authorize the Township’s staff and professionals to undertake such measures as may be necessary to fund the Agreement from a combination of: (a) monies in the Township’s Affordable Housing Development Fee Trust Account, (b) general revenues from the 2009 budget, and (c) bonding. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield as follows: A. The Mayor and Clerk are authorized to execute the Agreement on behalf of the Township. B. The Township Solicitor’s office is authorized to petition COAH to utilize funds in the Township’s Affordable Housing Trust Account to partially fund the $35,000.00 consideration. C. The Township’s staff and professionals are authorized and directed to ascertain whether there are available funds in the 2009 Budget that can be utilized to pay the remaining balance of the consideration that is not funded from the Township’s Development Fee Trust Account. D. The Township’s staff and professionals are authorized to facilitate bonding in the event that the full $35,000.00 consideration cannot be paid from Trust Account monies or from available funds in the 2009 budget. The amount of the bond issue shall be determined at a subsequent date after the foregoing financial analysis is completed. Public Hearing for Toll Sewer Reimbursement Appeal – Ms. Jamanow stated that Toll had 45 days to appeal. The Township needs to set a date for the hearing. The Committee agreed on April 1st at 7:00 PM. Notice will be made to all affected parties. Mr. Kelly stated the developer is required to put the sewer line in their development. The developer then requests reimbursement from the other developers and they do not agree with our calculation and are now appealing. Mr. Gillespie stated the reimbursement is by the other developers not the Township. Payment of Bills The bill list was approved for payment on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. Public Comment Valerie Jones – Asked if the Developers are getting reimbursement, what about the Crosswicks residents. She was advised this does not affect the Crosswicks residents. Susan Gallagher – 15 Quaker Street asked why the fire districts have not merged if that is what the studies suggested. Mr. Hlubik stated the Township has not authority of the Fire Districts unless their budget fails or they are petitioned by the public. Mr. Kelly stated the committee is not the expert and commissioned the study to produce a guide. One recommendation was to merge districts. The Township has asked them to consider the merger when they met with them this past Monday. Mr. Hlubik stated the only way the Township could step in is if petitioned by five percent of the residents in District I. Mr. Gillespie confirmed. Valerie Jones - Asked 5% on your side and 5% on our side. Mr. Hlubik stated there is no your side and our side. He stated we would just like to see one set of commissioners. Mr. Gillespie stated 5% of the district being dissolved. Mr. Kelly stated he would like to see the Commissioners as one and equal distribution to create an overall plan for the entire Township. Hearing no other comments, the Committee approved Resolution 2009-3-5 on a motion by Mr. Kelly and second by Mr. Hlubik to enter Executive Session for the purpose of discussing litigation and attorney-client privilege. All agreed. The Committee entered executive session at 8:35 PM. The Committee resumed open session at 9:05 PM and adjourned the meeting on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed. Respectfully submitted, Caryn M. Hoyer, RMC |