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May 13, 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 were John C. Gillespie, Township Attorney and Nancy W. Jamanow, Township Engineer. 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. The Minutes of April 23, 2009 were approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed. An application for a blue light permit for William Tantum was added to the agenda on a motion by Mr. Kelly and second by Mr. Durr. All agreed. The application was approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Police Department Report Chief Wilson outlined the calls and training for the month of April. Under Emergency Management, Chief Wilson stated that the amended Emergency Management Plan has been approved and 8 out of the 10 deficiencies on the yearly report for 2008 have been corrected. The remaining issues are a tabletop exercise and a meeting with Townsend Machine to address some issues at the facility. Kyle provided an explanation of what the tabletop exercise should consist of. Mr. Kelly questioned the 19 arrests for the month of April and the Chief explained that they generally consist of arrests on warrants from other jurisdictions. Township Engineer Mrs. Jamanow explained that the bids were received for the Chesterfield-Georgetown Road project and the lowest bidder was low enough that there will be enough funds from the grant to start south of White Pine Road, where the last grant project left off and extend to the intersection of Route 528. The low bid is $153,000 from a grant amount of $175,000. The remaining funds can be used for construction services associated with the project. The bid specifications are out for the Sports Complex on the former Fuchs property. This was brought up at the last Planning Board meeting as a capital project and approved. The bids will be opened May 22 and awarded May 28. Over 30 bid packages have been picked up already. All required permits have been applied for. Nancy has also submitted an application to DOT for a Transportation Enhancement Grant to provide a bikeway and pedestrian shared use path along Chesterfield-Crosswicks Road and also signals and a crossing at Margerum Road. A resolution will be prepared for the next meeting for the Municipal Aid grant application for Black Road. The punch list for White Pine Road has been sent to American Asphalt. The issue with the residents on Fenton Lane who had a problem with the bike path that was installed next to their property has been resolved. The flow meter at the prison will be recalibrated. It has been some time since this has been done and should be done every year. Mayor Hlubik questioned Nancy about the replacement of trees in Old York Village. This was discussed at the Planning Board meeting and Fred Hardt reinforced Nancy’s previous report that there is no mechanism to force planting until the Performance Bond release is requested. Any tress which appear to be dangerous will be required to be removed. Mr. Kelly stated that, at the last meeting, M & M asked the Township to take ownership of open space lots in their development, with M & M continuing maintenance. This may be a mechanism and incentive for the other developers to replace trees if the Township will take ownership of the lots. Mr. Kelly also questioned the pile of dirt in the area of the Village Square Park and why it hasn’t been moved. Mrs. Jamanow replied that the developer has no where to move it to and it is needed for future use. Mr. Kelly also questioned the taking of some houses at the corner of Hogback Road by the Turnpike and wonders why that area is needed. Mrs. Jamanow stated that she has made attempts to contact John Keller about other issues and has not yet spoken to him. She will add that question to her list when she speaks with him. Mr. Kelly continued that one of the houses is an original toll house and very historic. Every effort should be made to move the house, rather than demolish it. Mr. Kelly also asked Nancy to check Ellisdale Road in the area of Waln Road. The roadway seems to be breaking up in the area. Public Hearing on 2009 Municipal Budget The public hearing on the Municipal Budget was opened on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Township Auditor Jack Maley asked that the public hearing be deferred to first amend the temporary capital budget. Resolution 2009-5-1 was approved on a motion by Mr. Kelly and second by Mr. Durr after an explanation by Mr. Maley. RESOLUTION 2009-5-1
RESOLUTION TO AMEND THE TEMPORARY CAPITAL BUDGET
WHEREAS, the Township of Chesterfield desires to amend the 2009 Temporary Capital Budget of said municipality by inserting therein ordinances as indicated below.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Chesterfield, County of Burlington, State of New Jersey, as follows: Section 1. The 2009 Temporary Capital Budget of the Township of Chesterfield is hereby amended by the adoption of a schedule to read as follows: TEMPORARY CAPITAL BUDGET OF THE TOWNSHIP OF CHESTERFIELD, COUNTY OF BURLINGTON STATE OF NEW JERSEY Capital General Est. Improve. Bonds and Capital Costs Fund Notes Surplus New Ordinance:
Recreation Fields $ 1,500,000 Land Acquisition 50,000 Municipal Bldg Assess. 22,000 Village Square 700,000 2,272,000 114,000 2,158,000 Amending Ordinance: FROM1999-02b. Road & Drainage Improvements 211,000 211,000 2003-02a. Acquisition of Equipment 32,500 32,500 2003-02b. Road Improvements 650,000 36,000 614,000 893,500 TO
Acquisition of Public Works Equipment 160,000 160,000 Road Striping 51,000 51,000 Milling of Newbold Lane 25,000 25,000 Acquisition of Security Cameras 7,500 7,500 Construction of Black Road $ 650,000 $ 36,000 $ 650,000 893,500 Section 2. The Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey, within three days after the adoption of the 2009 Temporary Capital Budget to be included in the 2009 Permanent Capital Budget as adopted.
Resolution 2009-5-2 was explained by Mr. Maley as the addition of $11,000 of surplus to the Affordable Housing line item for the agreement with Crosswicks Innkeepers and moving the PERS payment from outside CAP to inside CAP. The Resolution was approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.
RESOLUTION 2009-5-2
RESOLUTION TO AMEND THE 2009 MUNICIPAL BUDGET
WHEREAS, the Township of Chesterfield desires to amend the Local Municipal Budget for the year 2009 which was introduced on the 8th day of April 2009; and WHEREAS, the public hearing on said budget has been held as advertised; and WHEREAS, it is desired to amend said approved budget; NOW, THEREFORE, BE IT RESIOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the following amendment to the approved budget of 2009 be made:
From To
GENERAL REVENUES (1) Surplus Anticipated $ 2,210,000.00 $11,000.00 $ 2,221,000.00
Total Surplus Anticipated 2,210,000.00 11,000.00 2,221,000.00
(5) Subtotal General Revenues 4,127,127.00 11,000.00 4,138,127.00 (Items 1,2,3 and 4)
(7) Total General Revenues $ 4,438,997.00 $ 11,000.00 $ 4,449,997.00
CURRENT FUND APPROPRIATIONS (8) General Appropriations (2) Statutory Expenditures: Contributions to: Public Employees Retirement System -0- $ 60,460.00 $ 60,460.00
(H-1) Total General Appropriations for Municipal Purposes Within “CAPS: $ 2,050,330.50 $ 60,460.00 $ 2,110,790.50
(8) General Appropriations (A) Operations – Excluded from “CAPS” Public Employees Retirement System 60,460.00 ( 60,460.00) -0- Fair Share Housing Act (Chap.22 Laws of 1995) Affordable Housing Other Expenses` 5,500.00 11,000.00 16,500.00
Total Other Operations-Excluded from “CAPS” 791,860.00 ( 49,460.00) 742,400.00
Total Operations-Excluded from “CAPS” 1,023,779.50 ( 49,460.00) 974,319.50 Detail: Other Expenses 426,106.50 ( 49,460.00) 376,646.50
(H-2) Total General Appropriations for Municipal Purposes Excluded from”CAPS” 1,776,666.50 ( 49,460.00) 1,727,206.50
(O) Total General Appropriations- Excluded from “CAPS” 1,776,666.50 ( 49,460.00) 1,727,206.50
9. Total General Appropriations $ 4,438,997.00 $ 11,000.00 $ 4,449,997.00 BE IT FURTHER RESOLVED that the Township Clerk be and is hereby authorized and directed to file two (2) certified copes of this Resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey for certification of the 2009 Local Municipal Budget so amended.
The Public Hearing on the Budget resumed. Mr. Maley explained that the total budget is $4,449,997 which represents no new spending. The Local Finance Board approved the CAP waiver today and they are pleased with Chesterfield Township’s management of the budget and surplus. The 2009 tax rate is 4.1 cents – the same as 2008. On the average assessed house, the local purpose tax is $187.00 per year. Susan Gallagher of Quaker Street questioned the budget amount for CTAA and asked about additional monies for the recreation area. The Committee and Mr. Maley explained the bond ordinance on the agenda later for the monies for the recreation fields. The Clerk reported that the CTAA has been allocated $30,000. Hearing no other comments, the public hearing was closed on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Resolution 2009-5-3 was approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed. RESOLUTION 2009-5-3 RESOLUTION AUTHORIZING THE ADOPTION OF THE 2009 MUNICIPAL BUDGET
BE IT RESOLVED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that the budget herein set forth is adopted and shall constitute revenues and appropriations for the purposes stated of the sums herein set forth and authorizations of the following amounts:
Surplus Anticipated $ 2,221,000.00 Total Miscellaneous Revenues $ 1,567,127.00 Receipts from Delinquent Taxes $ 350,000.00 Local Tax for Municipal Purpose $ 311,870.00 TOTAL REVENUES $ 4,449,997.00
Operating Expenses $ 2,849,120.50 Deferred Charges & Other Appropriations $ 554,989.50 Capital Improvements $ 292,887.00 Debt Service $ 141,000.00 Reserve for Uncollected Taxes $ 612,000.00 TOTAL APPROPRIATIONS $ 4,449,997.00
Resolutions 2009-5-4, 5-5, 5-6 and 5-8 were approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.
RESOLUTION 2009-5-4
RESOLUTION AUTHORIZING REFUND OF PROPERTY TAX OVERPAYMENT
WHEREAS, Block 202.11 Lot 6 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 $1,461.55 when the installment should have been $387.45; and WHEREAS, a request has been made by Wells Fargo Home Mortgage to have the overpayment of $1,074.10 returned to them; 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 $1,074.10 to Wells Fargo Home Mortgage.
RESOLUTION 2009-5-5 RESOLUTION AUTHORIZING CANCELLATION OF 2008 TAXES
WHEREAS, Chesterfield Township acquired the following blocks and lots in 2007; and WHEREAS, the property remained on the tax rolls for 2008 and property taxes should be cancelled for 2008; and WHEREAS, the properties are owned by the Township of Chesterfield and identified as follows:
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 and directed to cancel the 2008 taxes as listed above. RESOLUTION 2009-5-6 RESOLUTION REQUESTING APPROVAL OF THE DIRECTOR OF THE DIVISION OF LOCAL GOVERNMENT SERVICES TO ESTABLISH A DEDICATED TRUST BY RIDER FOR SPECIAL LAW ENFORCEMENT TRUST FUNDS PURSUANT TO N.J.S.A. 40A:4-39
WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance; and WHEREAS, N.J.S.A. 40A:4-39 allows municipalities to receive amounts for costs incurred for Special Law Enforcement Projects ; and WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures of monies by dedication by rider; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of the Township of Chesterfield, County of Burlington, State of New Jersey as follows: 1. The Mayor and Township Committee hereby request permission of the Director of the Division of Local Government Services to pay expenditures for Special Law Enforcement Projects as per N.J.S.A. 40A:4-39.
2. The Municipal Clerk of the Township of Chesterfield is hereby directed to forward two (2) certified copies of this Resolution to the Director of the Division of Local Government Services.
RESOLUTION 2009-5-8
RESOLUTION AUTHORIZING REFUND OF PROPERTY TAX OVERPAYMENT
WHEREAS, Block 900 Lot 3 is owned by Christopher Arena; and WHEREAS, Service Link made payment for 2nd quarter taxes in the amount of $1,570.09 on May 1, 2009; and WHEREAS, the balance due on the account at that time was $785.09; and WHEREAS, the payment created an overpayment in the amount of $785.00;and WHEREAS, a request has been made by Service Link to refund the overpayment in the amount of 785.00 to Christopher Arena. 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 $785.00 to Christopher Arena.
Resolution 2009-5-7 was approved on a motion by Mr. Kelly and second by Mr. Durr. All agreed.
RESOLUTION 2009-5-7 RESOLUTION AWARDING A CONTRACT FOR CHESTERFIELD-GEORGETOWN ROAD IMPROVEMENT PROJECT
WHEREAS, the Township of Chesterfield recently solicited bids for the Chesterfield-Georgetown Road Improvement Project; and WHEREAS, five (5) bids were received and opened on April 29, 2009 by the Township Engineer; and WHEREAS, the Township Engineer has reviewed said bids and finds that the specifications meet the needs of the municipality with regard to this contract; and WHEREAS, Arawak Paving Company of Hammonton, New Jersey has submitted the lowest responsible base bid in the amount of One hundred five thousand seven hundred dollars ($105,700.00) and alternates 1 & 2 in the amounts of Twelve thousand eight hundred twenty-five dollars and twenty cents ($12,825.20) and Thirty four thousand four hundred ninety four dollars and forty cents ($34,494.40) respectively; and WHEREAS, funds are available to award this contract from the NJDOT FY 2009 Transportation Trust Fund Authority Act grant award; NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey hereby awards the contract for the Chesterfield-Georgetown Road Improvement Project, from Stackhouse Lane to Newbold Lane to Arawak Paving Company of 7503 Weymouth Road in Hammonton, NJ in the amount of One hundred fifty-three thousand two hundred nineteen dollars and sixty cents ($153,219.60); and BE IT FURTHER RESOLVED that award of this contract is contingent upon approval of the New Jersey Department of Transportation; and
BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township are hereby authorized to execute said contracts on behalf of Chesterfield Township.
Resolution 2009-5-9 was approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed. RESOLUTION 2009-5-9 RESOLUTION APPOINTING ELECTRIC SUB-CODE OFFICIAL WHEREAS, Anthony Moore was appointed as Electric Sub-Code Official on May 1, 2008 to fill an unexpired term which was created by a resignation; and WHEREAS, the term of that appointment expires May 15, 2009; and WHEREAS, Mr. Moore has expressed an interest in continuing to serve in that capacity; 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 Anthony Moore of Forked River, New Jersey is hereby appointed to service as Electric Sub-Code Official for the four year term defined by statute or until such time as a replacement is appointed; and BE IT FURTHER RESOLVED that said term will become effective May 16, 2009 and expire May 15, 2013.
Resolution 2009-5-10 was approved on a motion by Mr. Durr and second by Mr. Kelly. All agreed.
RESOLUTION 2009-5-10
RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR TRANSPORTATION ENHANCEMENT FUNDING FOR SHARED USE BIKEWAYS FROM THE VILLAGE OF CROSSWICKS TO THE VILLAGE OF CHESTERFIELD
WHEREAS, the Township of Chesterfield desires to apply for and obtain a grant from the New Jersey Department of Transportation through the Transportation Enhancement Program to provide funding to create a Shared Use Path from the Village of Crosswicks to the Village of Chesterfield, including a crossing at Charlotte Rogers Park; and
WHEREAS, the project will greatly enhance the quality of life, safety and provide for increased usage of non-motorized vehicles including bicycling, walking and running; and
WHEREAS, the Township of Chesterfield is a Designated Centers of Place as part of the New Jersey State Development and Redevelopment Plan.
NOW THEREFORE, BE IT RESOLVED that the Township of Chesterfield Committee, formally approves the grant application for the above stated project and further certifies that the Township of Chesterfield will make adequate provisions for the operation and maintenance of the project for the useful life of the improvements.
BE IT FURTHER RESOLVED that the Clerk and the Township Engineer are hereby authorized to submit an electronic grant application to the New Jersey Department of Transportation on behalf of the Township of Chesterfield for the above stated project.
BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Chesterfield and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. Ordinances for Introduction Ordinance 2009-15 was approved for introduction on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Public hearing will be April 28, 2009. ORDINANCE 2009-15 AN ORDINANCE TO AMEND CHAPTER 94 OF THE CODE OF THE TOWNSHIP OF CHESTERFIELD ESTABLISHING FEES FOR CONSTRUCTION PERMITS
BE IT ORDAINED AND ENACTED by the Township Committee of the Township of Chesterfield, County of Burlington and State of New Jersey as follows:
ARTICLE I. AMENDED SECTIONS. Section 94-2 of the Code of the Township of Chesterfield entitled “Fees” is hereby amended as follows: I. Certificate of Occupancy Fees. Add the following section: (5) Fee of $15.00 for the issuance of a second and any subsequent Temporary Certificates of Occupancy for the same project.
J. Training and Certification Fees (1) The fee shall be in the amount of $.00334 per cubic foot of volume of structure for new construction and additions
(2) The fee shall be in the amount of $1.70 per $1,000 of alteration and remodeling costs.
P. Circus tents, carnival tents and temporary structures in excess of 900 square feet or more than 30 feet in any dimension shall be a flat fee of $75.00. ($150.00)
Ordinance 2009-16 was approved for introduction on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Mr. Gillespie explained that this ordinance changes the purpose of existing ordinances to re-allocate monies. Public hearing will be June 10, 2009. ORDINANCE 2009 - 16
ORDINANCE AMENDING ORDINANCE 2003-2 OF THE TOWNSHIP OF CHESTERFIELD, COUNTY OF BURLINGTON, NEW JERSEY
BE IT ORDAINED, by the Township Committee of the Township of Chesterfield, County of Burlington, New Jersey ("Township") (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:
Section 1. Section 7 of Bond Ordinance 2003-2 ("Bond Ordinance") heretofore duly adopted by the Township Committee is hereby amended to provide as follows:
"Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:
Section 3. Section 8 of the Bond Ordinance is hereby amended to provide as follows:
"Section 8. The average period of useful life of the several purposes for the financing of which the Bond Ordinance authorized the issuance of bonds or bond anticipation notes authorized for such several purposes, is not less than 13.95 years. "
Section 4. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the regulations promulgated by the Local Finance Board showing full detail the amended capital budget and capital improvement program as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, are on file with the Township Clerk and available for public inspection.
Section 5. All other parts of the Bond Ordinance not amended hereby shall remain in full force and effect.
Section 6. In accordance with the Local Bond Law, this ordinance shall take effect twenty (20) days after the first publication thereof after final passage.
Ordinance 2009-17 was approved for introduction on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Public hearing will be June 10, 2009. ORDINANCE 2009 - 17
ORDINANCE AMENDING ORDINANCE 1999-2, AS PREVIOUSLY AMENDED BY ORDINANCE 2005-5, OF THE TOWNSHIP OF CHESTERFIELD, COUNTY OF BURLINGTON, NEW JERSEY
BE IT ORDAINED, by the Township Committee of the Township of Chesterfield, County of Burlington, New Jersey ("Township") (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:
Section 1. Section 7 of Bond Ordinance 1999-2, as previously amended by 2005-5 (as previously amended, the "Bond Ordinance"), heretofore duly adopted by the Township Committee is hereby amended to provide as follows:
"Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:
Section 3. Section 8 of the Bond Ordinance is hereby amended to provide as follows:
"Section 8. The average period of useful life of the several purposes for the financing of which the Bond Ordinance authorized the issuance of bonds or bond anticipation notes authorized for such several purposes, is not less than 17.21 years. "
Section 4. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the regulations promulgated by the Local Finance Board showing full detail the amended capital budget and capital improvement program as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, are on file with the Township Clerk and available for public inspection.
Section 5. All other parts of the Bond Ordinance not amended hereby shall remain in full force and effect.
Section 6. In accordance with the Local Bond Law, this ordinance shall take effect twenty (20) days after the first publication thereof after final passage. Ordinance 2009-18 was approved for introduction on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Public hearing will be June 10, 2009. ORDINANCE 2009-18
BOND ORDINANCE AUTHORIZING VARIOUS CAPITAL IMPROVEMENTS 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 $2,158,400; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING
BE IT ORDAINED by the Township Committee of the Township of Chesterfield, County of Burlington, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, constituting Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:
Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Township of Chesterfield, County of Camden, New Jersey ("Township").
Section 2. It is hereby found, determined and declared as follows:
(a) the estimated amount to be raised by the Township from all sources for the purposes stated in Section 7 hereof is $2,272,000;
(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $2,158,000; and
(c) a down payment in the amount of $114,000 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.
Section 3. The sum of $2,158,000, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $114,000, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").
Section 4. The issuance of negotiable bonds of the Township in an amount not to exceed $2,158,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.
Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Township in an amount not to exceed $2,158,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.
Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $450,000.
Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:
Section 8. The average period of useful life of the several purposes for the financing of which the Bond Ordinance authorizes the issuance of bonds or bond anticipation notes authorized for such several purposes, is not less than 15.45 years.
Section 9. Grants or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance, the costs of the purposes described in Section 7 above.
Section 10. The supplemental debt statement provided for in Section 11 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Township, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $2,158,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.
Section 11. The full faith and credit of the Township are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Township shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.
Section 12. The Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.
Section 13. The Township hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Township prior to the issuance of such bonds or bond anticipation notes.
Section 14. The Township hereby covenants as follows:
(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;
(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;
(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;
(d) it shall timely file with the Ogden, Utah Service Center of the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 15. The improvements authorized hereby are not current expenses and are improvements that the Township may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.
Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of any such inconsistency.
Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage. Ordinances for Public Hearing The public hearing on Ordinance 2009-13 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. Durr and second by Mr. Kelly and Ordinance 2009-13 AN ORDINANCE OF THE TOWNSHIP OF CHESTERFIELD TO FIX SALARIES, WAGES AND COMPENSATION OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF CHESTERFIELD FOR THE YEAR 2009 was finally adopted on a motion by Mr. Kelly and second by Mr. Durr. All agreed.
The public hearing on Ordinance 2009-14 was opened on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Hearing non comments, the public hearing was closed on a motion by Mr. Durr and second by Mr. Kelly and Ordinance 2009-14 AN ORINANCE AMENDING SECTION 182-22 OF THE TOWNSHIP CODE AUTHORIZING INSTALLATION OF A STOP SIGN AT THE INTERSECTION OF THORN LANE AND STEVENSON LANE was finally adopted on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Discussion Enforcement of Deeds and Covenants – Mr. Gillespie stated that there is no obligation on the part of the Township to go out and enforce the Deeds and Covenants in Old York Village, however, we do have the right to enforce them. All Planning Board approvals are conditioned on the deeds and covenants being approved. We can issue notices and violations. Mr. Durr asked about M & M who have no Deeds and Covenants. Mr. Gillespie responded that they should not receive any more permits. That matter will be discussed in Executive Session. Emergency Management Equipment – Mr. Gillespie stated that his could be potential litigation and will be discussed in closed session. Memo from Construction Official – Mr. Verner has written a memo to the Committee asking them to re-consider the requirement to document time. The Committee denied this request. Mr. Verner’s memo also states that as of May 15 he will be resigning as Fire Subcode and Inspector and recommends the appointment of Michael Alloway to these positions. On a motion by Mr. Durr and second by Mr. Kelly, the resignation of Mr. Verner as Fire Subcode and Inspector was accepted and Resolutions 2009-5-11 and 2009-5-12 were added to the agenda. All agreed. On a motion by Mr. Durr and second by Mr. Kelly, Resolutions 2009-5-11 and 2009-5-12 were approved. All agreed. RESOLUTION 2009-5-11 RESOLUTION APPOINTING FIRE SUBCODE OFFICIAL WHEREAS, Raymond Verner was appointed to a four year term as Fire Sub Code Official on January 2, 2008, which term expires December 31, 2011; and WHEREAS, Mr. Verner has tendered his resignation from that position, effective May 15, 2009; and WHEREAS, Michael Alloway is licensed by the State of New Jersey, Department of Community Affairs as a Fire Sub Code Official and is interested in filling the vacant position; 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 Michael Alloway is hereby appointed to serve as Fire Sub Code Official for the Township of Chesterfield, effective May 16, 2009 for the remainder of the unexpired term created by the resignation of Raymond Verner, said term expiring December 31, 2011. RESOLUTION 2009-5-12 RESOLUTION APPOINTING FIRE INSPECTOR
WHEREAS, Raymond Verner was appointed January 1, 2009 as the Fire Inspector for the Township of Chesterfield for the calendar year 2009; and WHEREAS, Mr. Verner has tendered his resignation from that position, effective May 15, 2009; and WHEREAS, Michael Alloway is licensed by the State of New Jersey, Department of Community Affairs as a Fire ICS Inspector and is interested in filling the vacant position; 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 Michael Alloway is hereby appointed to serve as Fire Inspector for the Township of Chesterfield, effective May 16, 2009 for the remainder of the calendar year 2009.
Salary Request from Information Technology Specialist – A letter has been received from Christine Webster requesting a salary increase above the normal percentage raise. After reviewing the request, the Committee voted to increase Christine’s salary to $5,000. An amendment to the salary ordinance will be prepared to reflect this change. M & M Request – this matter will be discussed in closed session. Request for Amendment to Cell Tower Ordinance – Mr. Durr abstained from this discussion as he owns TDR preserved land. Mr. Gillespie has reviewed this request from the Planning Board and is confused about their request for a 10 day notice requirement for the balloon test. This is not required in the Land Use Law and he is hesitant about requiring additional notices not authorized in the Land Use Law. Mr. Kelly stated that he does not believe the Planning Board was as concerned with the notice requirement as they were with the prohibition of placing cell towers on TDR preserved land. Mr. Gillespie needs to research the state statute concerning towers on land that has been preserved through a farmland preservation program. Our ordinance should mirror that legislation. Mr. Kelly stated that the Township’s TDR program differs from farmland preservation programs in that our program is an overall zoning plan as opposed to just a preservation program. Mr. Gillespie also stated that the definition of “development” needs to be amended in the ordinance. He will have something for the next meeting. Renaissance Bills – Renaissance is requesting relief from the professionals bills associated with the re-do of their Planning Board application. Mr. Gillespie has received everyone’s bills but has not had the chance to review them. He does not believe that Renaissance would not have to pay the professionals under any other circumstances, he is only concerned with duplications of reviews. He will send a letter to Renaissance asking for specific entries on the invoices that they feel are redundant and unnecessary for the Township Committee to review. Bike and Pedestrian Study – the Clerk provided the Committee with an update on the study. Ordinance for Consideration The Clerk presented the Committee with Ordinance 2009-19 for their consideration which was introduced on a motion by Mr. Durr and second by Mr. Kelly. All agreed. Public Hearing will be May 28. ORDINANCE 2009-19 ORDINANCE TO AMEND ORDINANCE 2009-13 FIXING SALARIES, WAGES AND COMPENSATION OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF CHESTERFIELD FOR THE YEAR 2009
BE IT ORDAINED that the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey hereby amends Ordinance 2009-13 Fixing Salaries, Wages and Compensation of Officials and Employees of the Township of Chesterfield for the Year 2009 as follows:
Information Technology Specialist $ 5,000.00 Recreation Coordinator $ 4,160.00 Fire Subcode / Inspector deleted
BE IT FURTHER ORDAINED that all salaries are retroactive to January 1, 2009 or date of employment, whichever is later. Payment of Bills The bill list was approved for payment on a motion by Mr. Kelly and second by Mr. Durr. All agreed. The meeting was opened to the public for comments. Susan Gallagher of Quaker Street spoke on the issue of satellite dishes in Old York Village. The contractors are telling the residents that the dishes must be on the front of the house because that makes the installation easier, but it’s not necessarily true. Also, fences are a hot topic with the residents and she feels it would be in everyone’s best interest to allow fences to be placed in the easements and put the onus on the homeowner to provide and allow access if necessary. Mrs. Jamanow commented that the problem is unique in Chesterfield Greene because they refused to build with rear alleys which created more easements. Mrs. Gallagher continued that there is a lot of interest in the park area. Ron Wassall stated that the dirt pile in the Village Square should be moved to the Township’s park area as it will be needed there. Mayor Hlubik replied that the dirt belongs to a developer, not the Township. Mrs. Jamanow continued that there will not be a need for additional dirt in the park area. Bob Schoen stated that there is a clogged storm drain on Route 528, approximately 200 feet from the turnpike bridge. The water pools there and will create a mosquito problem. Mrs. Jamanow will contact the County concerning this issue. Mr. Durr stated that the Township Public Works Department is currently in the process of constructing a pole barn at a great cost savings to the taxpayers. However, they have over estimated their abilities and are in need of help with the trusses and roof. He has one price from a contractor for this work of $8,000. Mr. Maley stated that, since it will be under the bid threshold, only two quotes are required and the Township can hire the contractor to perform the work. Hearing no other comments, the Committee approved Resolution 2009-5-13 to enter Executive Session for the purpose of discussing matters related to potential claims and the attorney-client privilege on a motion by Mr. Kelly and second by Mr. Durr. All agreed. The Committee entered executive session at 9:35 PM. The Committee resumed open session at 10:10 PM and adjourned the meeting on a motion by Mr. Kelly and second by Mr. Durr. All agreed. Respectfully submitted, Bonnie J. Haines, RMC |