May 28

May 28, 2009

The Township Committee met on the above date. Mayor Hlubik called the meeting to order at 7:30 PM and opened with the flag salute and a moment of silence. Roll call was taken showing present: Mayor Michael J. Hlubik and Committeeman Lawrence H. Durr. Deputy Mayor Brian J. Kelly was not present. There was no Township Attorney or Township Engineer present.

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.

Consent Agenda

The minutes of May 13, 2009 and a raffle license for the Bordentown Community Soccer Association were approved on a motion by Mr. Durr and second by Mr. Hlubik. All agreed.

Ordinances for Public Hearing

The public hearing on Ordinance 2009-15 was opened on a motion by Mr. Durr and second by Mr. Hlubik. All agreed. The Clerk explained that the ordinance was to lower some fees for construction permits and raise the administrative fee which the state sets. Hearing no comments, the public hearing was closed on a motion by Mr. Durr and second by Mr. Hlubik. Ordinance 2009-15 AN ORDINANCE TO AMEND CHAPTER 94 OF THE CODE OF THE TOWNSHIP OF CHESTERFIELD ESTABLISHING FEES FOR CONSTRUCTION PERMITS was finally adopted on a motion by Mr. Durr and second by Mr. Hlubik. All agreed.

The public hearing on Ordinance 2009-19 was opened on a motion by Mr. Durr and second by Mr. Hlubik. All agreed. Mayor Hlubik explained that this raises the salary for the Information Technology Specialist and adds the Recreation Coordinator which was inadvertently left off the original salary ordinance. Susan Gallagher questioned the duties of the Recreation Coordinator and stated that she was not aware that there was a person available to the CTAA. Melissa Hoffman asked why this person is getting paid a salary if they are not doing anything. Mayor Hlubik explained that the employee has other full time duties and this position was created a few years ago at the request of the CTAA to ease the burden on the volunteers. Hearing no other comments, the public hearing was closed on a motion by Mr. Durr and second by Mayor Hlubik. Ordinance 2009-19 AN ORDINANCE TO AMEND ORDINANCE 2009-13 FIXING 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. Durr and second by Mr. Hlubik. All agreed.

Resolutions

Resolutions 2009-5-14 through 2009-5-21 were all approved on a motion by Mr. Durr and second by Mr. Hlubik. All agreed.

RESOLUTION 2009-5-14

RESOLUTION AUTHORIZING SALARIES OF CERTAIN MUNICIPAL EMPLOYEES

WHEREAS, the Township Committee of the Township of Chesterfield adopted Ordinance 2009-13 Fixing the Salaries, Wages and Compensation of Officials and Employees of the Township for 2009; and

WHEREAS, said Ordinance contains salary ranges for various positions; and

WHEREAS, the Township Committee wishes to establish specific salaries for the employees currently serving in those positions;

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 following salaries are authorized for the calendar year 2009 for the employees currently serving in those positions;

Building & Fire Subcode / Inspector $ 49.11 first hour

$ 36.30 add. hours

Custodian $ 16.30 per hour

Electric Subcode / Inspector $ 41.60 first hour

$ 31.20 add. hours

Part-time Police Officer $ 21.33 per hour

Plumbing Subcode / Inspector $ 47.23 first hour

$ 35.43 add. hours

Road Worker I $ 52,640.00 annually

Road Worker II $ 54,219.00 annually

Road Worker III $ 29,120.00 annually

Temporary Clerical $ 20.00 per hours

BE IT FURTHER RESOLVED that all salaries are to be paid in accordance with the authorizing Ordinance.

RESOLUTION 2009-5-15

RESOLUTION AUTHORIZING THE CLOSURE OF MUNICIPAL STREETS DURING THE SPIRIT OF CHESTERFIELD FESTIVAL

WHEREAS, the first annual Spirit of Chesterfield Festival will be held Saturday, September 26, 2009 in the Village of Crosswicks; and

WHEREAS, it has been requested by the Festival Committee that Church Street be closed to vehicular traffic between the hours of 7:00 AM and 5:00 PM; and

WHEREAS, it has been determined by the Chief of the Chesterfield Township Police Department that, in the interest of public safety, certain municipal streets should be closed to vehicular traffic during the hours of the Festival;

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 recommendation of the Chief of Police to close Church Street between Front Street and Main Street between the hours of 7:00 AM and 5:00 PM Saturday, September 26, 2009 for the Spirit of Chesterfield Festival is hereby approved.

RESOLUTION 2009-5-16

RESOLUTION AUTHORIZING INSERTION OF SPECIAL ITEM OF REVENUE INTO THE 2009 MUNICIPAL BUDGET

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue into the budget of any County or Municipality when such items shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriations for equal amount; and

WHEREAS, pursuant to N.J.S.A. 40A:4-87, the monies received will be inserted into the 2009 Municipal Budget as a special item of revenue as follows:

REVENUE TITLE:

Miscellaneous Revenues – Public and Private Revenues Offset

With Appropriations: FY 2009 Clean Communities Grant

$ 1,587.10

APPROPRIATION TITLE:

Public and Private Programs Offset by Revenues: FY 2009 Clean Communities Grant $ 1,587.10

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 request the Director of the Division of Local Government Services to approve the insertion of an item of revenue into the budget of the year 2009 in the amount of $ 1,587.10.

RESOLUTION 2009-5-17

RESOLUTION AUTHORIZING INSERTION OF SPECIAL ITEM OF REVENUE INTO THE 2009 MUNICIPAL BUDGET

WHEREAS, said Director may also approve the insertion of any item of appropriations for equal amount; and

WHEREAS, pursuant to N.J.S.A. 40A:4-87, the monies received will be inserted into the 2009 Municipal Budget as a special item of revenue as follows:

REVENUE TITLE:

Miscellaneous Revenues – Public and Private Revenues Offset

With Appropriations: 2002-2004 Bullet Proof Vest Partnership

$ 2,545.92

APPROPRIATION TITLE:

Public and Private Programs Offset by Revenues: 2002-2004 Bullet Proof Vest Partnership $ 2,545.92

RESOLUTION 2009-5-18

RESOLUTION AWARDING A CONTRACT FOR THE CHESTERFIELD PARK SPORTS COMPLEX PROJECT

WHEREAS, the Township of Chesterfield recently solicited bids for the Chesterfield Park Sports Complex Project; and

WHEREAS, twenty (20) bids were received and opened on May 22, 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, Giberson Plumbing and Excavating Incorporated of Shamong, NJ has submitted the lowest responsible base bid in the amount of Six hundred twenty-two thousand six hundred thirty dollars ($622,630.00) and alternates one, two and three in the amounts of Eighty-nine thousand four hundred dollars ($89,400.00), One hundred twenty two thousand one hundred twenty dollars ($ 122,100.00) and a decrease of Four thousand nine hundred ninety-nine dollars and eighty-five cents (- $4,999.85) respectively; and

WHEREAS, funds are available to award this contract from the Township’s Reserve for Recreation Fund;

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 contract for the Chesterfield Park Sports Complex Project is hereby awarded to Giberson Plumbing and Excavating of 7 Park Drive, Shamong, NJ in the total amount of Eight hundred twenty nine thousand one hundred fifty dollars and fifteen cents ($829,150.15); and

BE IT FURTHER RESOLVED that the Mayor and Clerk of the Township of Chesterfield are hereby authorized to execute the contract on behalf of Chesterfield Township.

RESOLUTION 2009-5-19

RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION AND EXECUTION OF A GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR DRAINAGE AND ROADWAY IMPROVEMENTS TO HERMAN BLACK ROAD FROM SYKESVILLE ROAD TO THE MUNICIPAL BOUNDARY

WHEREAS, the New Jersey Transportation Trust Fund Authority Act provides that each community receive an annual state aid allotment for roads and bridge projects; and

WHEREAS, drainage and roadway improvements to Herman Black Road from Sykesville Road to the Municipal Boundary has been identified as a potentially eligible project; and

WHEREAS, Herman Black Road connects two municipalities and provides a direct connection between the municipalities for emergency vehicles, school buses and the public, especially the farming communities of both municipalities;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield that the grant application for the above stated project is hereby approved.

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as Herman Black Road Improvement Project to the New Jersey Department of Transportation on behalf of the Township of Chesterfield.

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.

BE IT FURTHER RESOLVED by the Township Committee of the Township of Chesterfield that the Township Engineer be authorized to complete the electronic grant application and associated documentation for submission to the New Jersey Department of Transportation for the Herman Black Road Improvement Project.

RESOLUTION 2009-5-20

RESOLUTION AUTHORIZING SUBMISSION OF A GRANT APPLICATION AND EXECUTION OF A GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR A SHARED USE PATH FROM CROSSWICKS VILLAGE TO CHESTERFIELD VILLAGE

WHEREAS, the Township of Chesterfield desires to apply for and obtain a grant from the New Jersey Department of Transportation through the Bikeways 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 Committee of the Township of Chesterfield formally approves the grant application for the above stated project;

BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as Shared Use Path from Crosswicks Village to Chesterfield Village to the New Jersey Department of Transportation on behalf of the Township of Chesterfield.

RESOLUTION NO. 2009 –5-21

A RESOLUTION AUTHORIZING THE EXECUTION OF A DEED OF DRAINAGE EASEMENTS TO THE CHESTERFIELD TOWNSHIP BOARD OF EDUCATION WITH RESPECT TO BLOCK 202.107, LOT 7 ON THE TAX MAP OF THE TOWNSHIP OF CHESTERFIELD

WHEREAS, M&M at Chesterfield, LLC (M&M) has received final subdivision approval from the Planning Board of the Township of Chesterfield as memorialized, in part, in a certain final subdivision plat entitled “Final Map – Chesterfield Downs, Lots 25.03, 28.01 and 28.02, Block 202” dated December 1, 2005 and filed in the Office of the Clerk of Burlington County on February 22, 2006 as Map No. B04-07-066 (the “Map”), which property is currently designated as Block 202.107, Lot 7 on the Tax Map of the Township of Chesterfield (the “Property”); and

WHEREAS, filing of the Map constitutes a dedication of the Property as required by the subdivision approval but such dedication has not yet been accepted by the Township; and

WHEREAS, in order to construct school facilities on adjacent lands, the Chesterfield Township Board of Education requires certain storm drainage easements onto the Property to provide for proper outflow of storm water from its site; and

WHEREAS, said storm drains were contemplated in the design and construction of the school facilities which has or is about to commence; and

WHEREAS, M&M desires to grant the necessary easement but will not be the ultimate owner of the burdened property in which the Township of Chesterfield now has an equitable interest; and

WHEREAS, M&M and the Board of Education will be responsible for all necessary permits as well as the construction, repair and maintenance of the storm drain facilities; and

WHEREAS, the joining in the grant of the easement by the Township of Chesterfield will resolve any issues with respect to the proper Grantor on the easement documents and allow construction of the school facilities to proceed; and

WHEREAS. the easement expressly provides that the Board of Education as Grantee will be responsible for the construction, repair and maintenance of the storm drains and, further, provides a hold harmless agreement in favor of the Grantors for any injury or claim resulting from entry on to the Property;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Chesterfield that the Mayor and the Township Clerk are hereby authorized to enter into and execute the Deed of Drainage Easements, which has been approved as to form by the Township Solicitor and is subject to approval of the Township Engineer, a copy of which is annexed hereto, and to take such other steps as may be necessary to carry out the purposes of this Resolution.

Payment of Bills

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

Mayor Hlubik opened the meeting to the public for comments. Robert Curley, attorney for M & M addressed the Committee concerning the situation of holding permits and c.o.’s. The proposed deeds and covenants were sent to Mr. Gillespie and Fred this afternoon. Mr. Gillespie indicated to Mr. Curley that he would send a recommendation to the Township Committee for approval. This matter has been going on for three weeks. M & M has contract purchasers with mortgage commitments and they are being held up. Mr. Curley pointed out that the deeds and covenants can be placed upon existing property owners. There is case law that states that conditions of approvals are binding even if not recorded. Mr. Curley spoke to Mr. Gillespie and Mr. Hardt yesterday and no one had a problem with the document. Mr. Hardt is waiting on comments from Mrs. Jamanow and Phil Caton. Mr. Curley deleted some items from the original more restrictive covenants that were approved for the K. Hovnanian developments. There is no homeowners association in Chesterfield Downs and that is what caused the confusion. Mr. Durr stated that he received an e-mail from Mr. Gillespie late this afternoon and he reviewed the covenants. He recalls it to be somewhat different than the others concerning how relief can be given. Mr. Curley responded that relief can only occur with Township approval. The problem is that no one was ever formally told anything, everything has been done by word of mouth. There are already approximately 140 residents in the development. The Resolution of approval only calls for 3 items to be addressed: conservation easement, architectural controls and the drainage scheme. He has substituted the word “Declarant” for “Grantor” and will record the easement on all properties. Things are getting backlogged and permits are needed. Mayor Hlubik stated that he would not be comfortable until speaking with the Township Attorney after Fred Hardt reviews it. Mr. Durr asked about the pile of dirt in the Village Square Park and if there is anything to be done to get that moved as soon as possible. The land will eventually be dedicated to the Township but the dirt belongs to M & M. Mr. Curley stated that he would like all the open space areas accepted by the Township. The Clerk stated that this was brought up at a recent meeting and the Township is waiting for something in writing to initiate this. Mr. Durr further explained that M & M has stockpiled this dirt on property that will be the Township’s. Mr. Curley stated that he would find out about it.

Susan Gallagher asked if something could be placed on the website concerning the sports complex and the plans for that. Also, the concession stand at the sports complex will be very beneficial to the CTAA.

Hearing no other comments, the meeting was adjourned at 8:07 on a motion by Mr. Durr and second by Mr. Hlubik. All agreed.

Respectfully submitted,

Bonnie J. Haines, RMC
Township Clerk

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