March 26

March 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 J. Hlubik, Deputy Mayor Brian J. Kelly and Committeeman Lawrence H. Durr. Also present was 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. Tim Little was present with his son, Madison who is in the process of working on an Eagle Scout project. Madison would like to erect a sign, on the property of the Community House, at the top of Church Street coming from Hamilton which says “Historic Village of Crosswicks Settled 1677.” Madison attended a Planning Board meeting some time ago and was told by Fred Hardt, Planning Board attorney that he would consider this sign to be a billboard which is not allowed, so a variance would be required. Madison is seeking the Township Committee’s approval to erect the sign which he hopes to do over the summer. Mr. Gillespie will look into the Ordinance and provide an opinion as to the proposed sign and possible waiver of fees involved.

Ron Wassall of 47 Bordentown-Chesterfield Road asked if there were any site plan changes to the recreation fields and layout of the ball fields since the last meeting of the Recreation Committee. He was told that there have been no changes.

Gina Berg – Office of Resource Conservation

Gina Berg was present to update the Committee on the proposed Septic System Management requirements. Ms. Berg explained that all septic systems must be tracked and monitored by way of a permitting process. The first permit is issued without cost or requirement of inspection. All permits are then issued every three years. Homeowners will be required to present a plot plan indicating the location of their septic system, documentation that the system has been pumped out and the fee set by Township Ordinance. All permits are good for three years unless the system was pumped out within the first year of the three year term, then the permit can only be issued for one year. The Township will be required to notify all property owners 30 days prior to the expiration of their permit and then again thirty days after the permit expires if it has not been renewed. Penalties for non-renewal are part of the Municipal Ordinance. Ms. Berg indicated that these requirements come from DEP regulations 7:15-5.8(a)3, and 7:15-5.25(e)3.

Mr. Durr asked when the Township receives the funds necessary to implement these requirements. Ms. Berg replied that there are no funds forthcoming. Mr. Durr continued that this would be an unfunded state mandate and Ms. Berg indicated her agreement.

Ms. Berg stated that the County Board of Health would continue to pursue health violations, failing systems, nuisance reports and installation inspections. The Municipality would be responsible for code violations and permit renewals. The Pinelands Commission has estimated the cost of monitoring at $120.00 per system. The Freeholders have decided that the County will not provide the tracking. Mr. Durr asked if there are DEP penalties against the Township for non-compliance. Ms. Berg responded that there must be an approved Wastewater Management Plan in place and the only town in Burlington County with an approved plan is Florence Township. The Committee and Mr. Gillespie argued that the Township does have an approved plan, sewer connections have been made, EIT loans have been granted and an amendment to the plan was recently approved. Ms. Berg continued that, if an approved plan is in place, the municipality has 6 years to comply with the regulations. If not, the municipality must be working toward adopting the ordinance by October of this year.

Ron Wassall asked if this plan was adopted due to direct discharges from septic systems into streams and creeks. Ms. Berg replied that it was more of a groundwater issue.

Ulrich Haller of 55 Bordentown-Chesterfield Road asked why a permit is necessary. Ms. Berg responded that, as explained earlier, it allows the Township to track the systems.

Joe Landree of 151 Hogback Road stated that it seems everyone is being penalized for a problem in certain areas that the DEP has not addressed. Ms. Berg replied that problems exist across the state.

Ron Wassall asked if farmers fertilizing the ground has contributed to this. Ms. Berg replied that there are other sources of nitrogen and fecal coliform, not necessarily fertilizer.

Randy Wolice of Meadowbrook Drive stated that there are areas along the Rancocas Creek that, when the creek rises, it rises over top of the septic systems.

Bob Schoen of Fenton Lane stated that there are houses along the Rancocas Creek without septic systems that are pumping sewage directly into the creek.

Mr. Durr stated that it seems that rather than enforce the laws that have been in place for years, DEP has chosen to place the responsibility and enforcement burden on everyone.

Hearing no other questions or comments, Ms. Berg left the meeting.

Approval of Minutes

The minutes of March 9, 2009 were approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

The minutes of March 11, 2009 were approved on a motion by Mr. Kelly and second by Mr. Hlubik. All agreed with the exception of Mr. Durr who abstained as he was not present.

Ordinance for Public Hearing

The public hearing for Ordinance 2009-10 was opened on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Mr. Gillespie explained the purpose of the Ordinance and, hearing no public comments, the public hearing was closed on a motion by Mr. Kelly and second by Mr. Durr. On a motion by Mr. Kelly and second by Mr. Durr, Ordinance 2009-10 AN ORDINANCE OF THE TOWNSHIP OF CHESTERFIELD AMENDING CHAPTER 182 OF THE CODE OF THE TOWNSHIP ENTITLED “VEHICLES AND TRAFFIC” was finally adopted. All agreed.

Ordinances for Introduction

Ordinance 2009-11 was approved for introduction on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Public hearing on this ordinance is scheduled for April 8.

ORDINANCE 2009 –11

AN ORDINANCE AMENDING SECTION 130-142 ET. SEQ. OF THE CODE OF THE TOWNSHIP OF CHESTERFIELD ENTITLED “TELECOMMUNICATIONS, TOWERS AND ANTENNAS”

BE IT HEREBY ORDAINED by the Township Committee of the Township of Chesterfield, County of Burlington, State of New Jersey, as follows:

Article 1. Amended Sections.

A. Submission Requirements.

Section 130-142 (L) entitled “Monopole Construction”, is hereby amended to add the following additional submission requirements; the added text shall be added to the language at the end of the existing Ordinance provisions:

… In addition to the above, the applicant shall provide any and all plotting and mapping that it intends to rely upon at the hearing, and such submission shall be made at least ten (10) days prior to the public hearing where the application will first be heard. Without such information, the application will be deemed incomplete.

Article 2. Retaining Radio Frequency Engineer.

B. Section 130-142(Z) entitled “Application Requirements” is hereby amended as follows:

1. Section 130-142(Z)(2)(m) is hereby amended to now read as follows:

m. In the event that co-location is found not to be feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Township, in writing, as least ten (10) days prior to the hearing.

2. Section 130-142(Z) is hereby further amended to add the following new subparagraph:

n. In any application, the Township may retain a technical expert in the field of RF engineering to verify if co-location at a site is not feasible or is feasible given the design configuration most accommodating to the co- location, or that a new tower has less visual or other impact at an alternative site. The cost for such a technical expert will be at the expense of the applicant through the escrow fund.

Article 3. Repealer, Severability, Effective Date.

A. REPEALER. Any and all Ordinances inconsistent with the provisions of this Ordinance are hereby repealed to the extent of any such inconsistencies.

B. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof.

C. EFFECTIVE DATE. This Ordinance shall become effective upon proper passage in accordance with the law.

Ordinance 2009-12 was approved for introduction on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Public hearing for the ordinance is scheduled for April 8.

ORDINANCE 2009 –12

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

WHEREAS, the Local Government CAP Law, N.J.S.A. 40A:4-45.1 et. seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and

WHEREAS, N.J.S.A. 40A:45-15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and 3.5% rate as an exception to its final appropriations in either of the next two succeeding years; and

WHEREAS, the Township Committee of the Township of Chesterfield finds it advisable and necessary to increase its CY 2009 budget by up to 3.5% over the previous year’s appropriations, in the interest of promoting the health, safety and welfare of the citizens; and

WHEREAS, the Township Committee hereby determines that a one percent (1%) increase in the budget for said year, amounting to $19,586.52 in excess of the increase in final appropriations otherwise permitted by the Local Government CAP Law, is advisable and necessary; and

WHEREAS, the Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years;

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey, a majority of the full authorized membership of the governing body affirmatively concurring that, in the CY 2009 budget year, the final appropriations of the Township of Chesterfield shall, in accordance with this Ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5% amounting to $68,552.82 and that the CY 2009 municipal budget for the Township of Chesterfield be approved and adopted in accordance with this Ordinance; and

BE IT FURTHER ORDINANED that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and

BE IT FURTHER ORDAINED that a certified copy of this Ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction; and

BE IT FURTHER ORDAINED that a certified copy of this Ordinance, upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.

Resolutions

Resolution 2009-3-7 was approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.

RESOLUTION 2009-3-7

RESOLUTION AUTHORIZING REFUND OF PROPERTY TAX OVERPAYMENT

WHEREAS, Block 202.11 Lot 7 was assessed in 2008 as a market rate unit; and

WHEREAS, the 2009 preliminary is based on half of the 2008 tax bill; and

WHEREAS, the mortgage company paid the first quarter installment in the amount of $ 1,373.73 when the installment should have been $314.27; and

WHEREAS, a request has been made by First American Tax Service to have the overpayment of $1,059.46 returned to them, payable to Wachovia Bank;

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 the overpayment in the amount of $1,059.46 to Wachovia Bank.

Discussion

Request from Phil Caton to prepare Fair Share Plan – Mr. Gillespie questions the $16,000 fee and if it is for preparing the calculation or the Fair Share Plan. Mr. Caton’s letter is confusing and unclear. Mr. Gillespie will clear this up with Mr. Caton.

Emergency Management equipment – Mr. Gillespie stated that this is on his list and he will address it.

Comments from the Public and the Committee

Randy Wolice questioned the grade levels at the new school and was told that it would house K – 6th grade. Mr. Wolice is concerned about the taxpayers being burdened with paying for pre-kindergarten classes.

Mr. Kelly brought up the letter from Mr. Caton concerning the appointment of an AG and Smart Growth Advisory Committee for the Farmland Preservation Plan grant that the Township has received. He would like the Planning Board to serve in this capacity. Mr. Gillespie warned against that as all meetings would require notice. Mr. Durr felt that the committee should include some area farmers to utilize their expertise as well.

Joe Landree asked the Committee about the schedule for the demolition of Turnpike owned houses. The Clerk explained that, after a conversation with a resident who sold to the Turnpike, she believes that demolition will take place sometime in July.

Hearing no other comments, the Committee approved Resolution 2009-3-8 to enter Executive Session for the purpose of discussing the Liptak litigation on a motion by Mr. Durr and second by Mr. Kelly. All agreed. The Committee entered closed session at 8:40 PM.

The Committee resumed open session at 9:28 PM and went over some outstanding budget issues. The Clerk, who was not present at the previous budget meeting, provided explanations in writing of the various line item increases which appear in the budget. The increases requested by the CTAA, Historical Society and Community Association will remain in the budget. The Construction Official and his inspectors will be required to document their time, specifically by inspection and plan review for a period of one month. The Committee will review the hours at the end of the month and have a better idea of the time required in that office. Changes to hours for inspectors may be made at that time.

The Committee will hold a joint session meeting with the Land Use Board to discuss the Liptak litigation on Wednesday April 1, 2009 at approximately 8:00 PM, after the public hearing on the Toll Sewer Reimbursement.

Having no other business to discuss, the meeting was adjourned at 9:45 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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