MEDFORD TOWNSHIP

COUNCIL MEETING

July 18, 2011

  

The Medford Township Council Meeting of the above date was convened by

Mayor Myers followed by the salute to the flag and reading of the Open Public Meetings Act Statement.

           

COUNCIL ROLL CALL

 

            Mr. David J. Brown                                                    Present

            Mr. Dominic Grosso                                                   Present

Mr. Robert Martin                                                       Present

            Deputy Mayor Sander                                                Present

            Mayor Myers                                                               Present

           

            PROFESSIONALS PRESENT

 

            Mr. Christopher Schultz, Township Manager

            Mr. George Morris, Solicitor

            Mr. Christopher Noll, Township Engineer

                                                           

            MINUTES

 

            Public Session and Executive Minutes – June 20, 2011

           

            Mr. Brown moved for approval of the Public Session and Executive Minutes for June 20, 2011.  The motion was seconded by Deputy Mayor Sander.

 

            MANAGER’S REPORT

 

Mr. Schultz had previously entertained and answered questions with regard to the payment of the bills.  There being no further questions, the bill list was approved for payment as presented.

 

Mr. Grosso approved the bill list, seconded by Mr. Martin.

 

Mr. Schultz advised Council that he will be introducing an operation guide for staff.

 

Mt. Schultz stated although they do this now it would put in place all certificate of insurance by any professional, vendor, contractor who does business with the Township will become permanent policies for staff when entering into a contract.

 

Mr. Schultz stated that the other one is through JIF which requires an approval of a plan or design resolution meaning if we are building under today’s standards we are approving it on today’s standards.

 

Mr. Schultz remarked there have been cases in which municipalities have been sued based on a standard or a law which this will mitigate that liability because at the time it was built it was built to that standard.

 

Mr. Schultz advised that he is trying to implement standard procedures for staff to follow.

 

Mr. Schultz remarked about the County Overlay Project which he had discussed with Council earlier and wants the public to know that the County started work on Evesboro-Medford Road to Troth and Route 70 which they are working on installation of handicap ramps.  Mr. Schultz stated they will be doing the same on Wednesday, to Taunton Blvd from Hartford Road to Tomlinson Mill Road consisting of the same work weather permitting.

 

Mr. Schultz stated  the Pinelands Festival starts on Monday, the 25th and also it’s Medford Night at the Holy Eucharist Church, Tabernacle in which they name a citizen for a Citizen Award that is presented each year.

 

Mr. Schultz remarked about Ordinance 2011-10 being presented tonight in reference to Purchase by Quotation. Staff will be required to use a quote form when they go out for quotes. 

 

Mr. Schultz stated that anything under a certain amount we just have to pick up the phone and get a quote and we will keep that back up document.

 

Mr. Schultz stated anything over the threshold requires us formally get quotes.

 

Mr. Schultz remarked that the state changes that so many years technically we have an Ordinance so technical the town needs to amend it.

 

 Mr. Schultz is asking instead of constantly coming back to amend it Mr. Schultz is asking Council to amend the Quotation Ordinance to be consistent with state law that the threshold would automatically adjust are internal mechanism for quality control

 

Mr. Schultz wanted to just follow up on the housing standards enforcement and remarked previously the construction official had handled housing standards enforcement and prior to Mr. Schultz’s arrival the town had asked the County of Health to handle this which they do for many towns.

 

Mr. Schultz stated the County said yes and we had to amend our ordinance to name the County the enforcing agency which was introduced at last meeting and tonight is the public hearing.

 

Mr. Schultz inquired for Mr. Martin about the County and their encroachment that he had inquired about.

 

Mr. Schultz did ask Mr. Gogats, Director of the County about this and he stated

they make sure that they can comply with anything a judge could challenge.

 

Mayor Myers stated that he only knew of one house with the cats which he felt was fixed.

 

Mr. Martin wanted to know what is happening on Branin Road the next couple of days from Chapel to 70.

 

Mr. Schultz stated paving.

 

ENGINEER’S REPORT

 

Mr. Noll stated that Resolution 157-2011 authorizing award of irrigation project is to irrigate Worrell Field and multipurpose field at Chairville School which the school is participating in the funding of this project. Bids were held and base bids 1 and 2 have been awarded.  Worrell Field will be provided through an existing well that we have on site at the sewage treatment plant and Chairville Road will be through the public water system.

 

Mr. Noll stated that Resolution 158-2011 is for a hardship sewer permit. There was a letter from Environmental Consulting of Southern New Jersey that explains it was an old house at 130 Marlton Pike, it was ordered demolished by the construction official as well as the cesspool and based on today’s standards they are unable to provide a septic system so they are looking for hardship sewer permit which meets the two criteria’s for one.

 

Mr. Noll advised about the sewage treatment plant back in August 2010 we received a letter from the DEP about some fines and penalties because we had some exceeded of some limitations affluent.

 

Mr. Noll explained to them that we had some issues with the plant and we are spending plenty of money to upgrade plant and that is why we are having exceeds and we are addressing those items.

 

Mr. Noll stated that we had received a letter dated June 27, 2011 and they are satisfied under the circumstances and the penalties have been rescinded.

 

SOLICITOR’S REPORT

 

            No Report

                       

            PUBLIC

 

            Marlene Lieber, 2 LaRue Lane had remarked about the passing of Ray McCarty and how he will be missed at the meetings.

 

            Mrs. Lieber questioned about how many Hardship Sewer Permits we have.

 Mrs. Lieber stated she has asked this question for 20 years and has never received an answer.

 

            Mr. Noll differed but advised Mrs. Lieber that we have 20,000 gallons per day for Hardship Sewer permits and utilized that for the Hardship Sewer permits. 

 

            Mr. Noll explained 4 permits per thousand which is 80 permits.

 

            Mrs. Lieber asked who is responsible for reporting the amount of Green Acres.

 

            Mrs. Lieber asked Council didn’t anyone realize that there was a discrepancy for all these years in the Green Acres report.

 

            Christine Balentine, 5 LaRue Lane asked when the Blue Ribbon Committee presentation is going to be presented to the public.

           

            Mayor Myers stated August 1, 2011 at 7 PM

 

            Ms. Balentine asked what the Jennings Mill Litigation was.

 

            Mr. Morris advised it’s the property on Hartford Road

           

            Michael Childs, 25 Holly Drive remarked about 23 Holly Drive and asked when the situation will be taken care of to demolish the home.

 

            Mayor Myers asked Mr. Schultz to look into the matter.

 

            Mr. Schultz stated he had just received the file on 23 Holly Drive and is looking into the situation.

 

            Coleen Robert, 21 Holly Drive stated that 23 Holly Drive is an eye sore and she can’t sell her house because of it.

 

            Mr. Schultz stated the house is in foreclosure and there are problems with the bank.

 

            Gary Kinney, 23 Wilkins Station Road, stated to Council about the bathrooms, doors broken, etc., and the lack of water at Freedom Park.

 

            Mr. Kinney asked about a video monitoring system to be put around the area.

 

             David C. Forward,14 W. Lake Avenue, Sun Rise Rotary Club had brought to the attention of Council that the rotary club will be doing the 2012 Calendar for next year since the Township will no longer be able to provide it due to economic reasons.

 

            Mr. Forward hopes the township will be able to provide the information to him for the calendar as there will be no charge to the township and it will pay for itself by sponsors and donations for the calendar.

           

            Randy Pace, 46 Woodthrush Trail stated to Council that 23 Holly Drive is definitely an eye sore.

 

            Mr. Pace stated that in June it was brought up that Budget would be done by June and June has come and gone.

 

            Mayor Myers stated that his answer all along was that as soon as the Township get’s done with the BRC Commission those results and how Medford Crossing is we will act on a budget.

 

            Mayor Myers stated that we have to wait for the BRC to act which is August 1, 2011 and then we will take action after that.

 

            Mr. Pace remarked that he understands that we are waiting for some deal to go through but does not think that is a legitimate reason for not having a budget.

 

            Mr. Pace stated we should have had a budget with or without Medford Crossings which is a simply matter of financial management.

 

            Mr. Pace brought up about Resolution 161-2011 in reference to Recreation Open Space for Green Acres.

 

            Mr. Pace stated we are passing the resolution tonight, but the people have until the 22nd to make any written remarks by then.

 

            Mr. Pace remarked passing the resolution tonight gives the wrong impression which is the contrary and that no one has any comments

 

            Mr. Pace brought up to Mayor Myers that Mr. Pace was trying to frustrate the Solar Project and Mr. Pace stated he was not he was just trying to bring it to his attention.

 

            Mayor Myers stated that the solar project should be up and running soon and we should stop worrying about a paperwork project that had happened 20 years ago that was an accident.

 

            Deputy Mayor Sander stated that Mr. Pace miss spoke reading paragraph 3 and wanted that on the record.

 

            Mr. Pace wants to know why we are buying a sprinkler system from Star Sprinkler when we are in a budget crisis.

 

            Mr. Pace brought up Resolution 162-2011 and asked what the contract negotiations were that was on the resolution.

 

            Mr. Schultz stated one is the Medford Art Center and the other Cell Tower Leases.

 

            Mr. Pace asked about Jennings Mills.

 

            Mr. Morris stated it was for an amended settlement.

 

            Mr. Pace asked about Attorney Client Privilege on Executive Session that a subject should be attached to it.

 

            Mr. Schultz stated Cell Tower Leases.          

           

            Chris Buoni, 20 Woodthrush Trail made reference to the budget that according to our records at this point we are over 2 million dollars from last year.

 

            Mr. Buoni stated that what he sees is that we are waiting for Medford Crossing to go through so we can pass the budget.

 

            Mr. Buoni feels that Medford Crossing is reckless and destructive to Medford Township.

 

            Mayor Myers stated that Mr. Buoni cannot talk for the whole town because Mayor Myers stated we have a lot people supporting it.

 

            Mr. Buoni stated that Mayor Myers does not have a grasp on reality and that he can wheel this deal which would devastate our Township for the next 5 decades.

 

            Mr. Buoni remarked to Mayor Myers that we are on a compressed time frame and we will get this budget done when we get this deal.

 

            Mr. Buoni stated he can’t think of a more compromising position.

 

            Mayor Myers stated that Mr. Buoni is wrong and that we had public input on this and Blue Ribbon Committee has made some good recommendations on the deal which some you will influence and others you will not.

 

            Mayor Myers stated he will not take action on the budget if he knows something is going to happen.

 

            Mr. Buoni asked Mr. Schultz if we had presented a balance budget without the Medford Crossing Deal and given other options to balance the budget.

 

            Mr. Schultz stated yes.

 

            Deputy Mayor Sander stated what he gave was the 23 million dollar appropriation what was able to spent in regards to the local purpose and wasn’t already committed to

debt service of debt that was already committed by the town.

 

            Mr. Buoni asked what our projected overall revenue is for this year.

 

            Mayor Myers stated to Mr. Buoni if he had given the numbers ahead of time we would have had it available.

 

            Mr. Buoni stated that Council had several years to address this issue.

 

            Michael Etter, 15 Elderberry Drive remarked to Council about Resolution

161-2011 and believes it a good thing in reference to the solar but did not understand why they were acting tonight if they had until Friday for written comments.

 

            Mayor Myers explained to him that if we act tonight and get all the comments together by Friday as the Township has a scheduled hearing they need to attend.

 

            Mr. Schultz stated that our next meeting is not until August 15th, and the paperwork has to be submitted to the state.

 

            Dr. Etter stated that Mayor Myers stated there was a deal.

 

            Mayor Myers stated no deal has been made.

 

            Marlene Lieber, 2 LaRue Lane wanted to thank Council for releasing the police guard.

 

            Mrs. Lieber stated that she had a meeting at her home with Lennar releasing the new plan with a prerequisite that no one from the Blue Ribbon Committee be present.

 

            Mrs. Lieber stated from Lennar if they did not get the 35 million bond they would not go through with the deal.

 

 

ORDINANCES FOR INTRODUCTION

 

ORDINANCE 2011-10 “AMENDING SECTION 5-58 OF THE MEDFORD TOWNSHIP CODE ENTITLED “PURCHASING BY QUOTATION”

 

            Mr. Martin moved for approval of the ordinance, advertisement and set date of August 15, 2011 for public hearing, seconded by Mr. Brown.

                       

            Roll call vote for approval as follows: Mr. Brown, aye, Mr. Grosso, aye, Mr. Martin, aye, Deputy Mayor Sander, aye and Mayor Myers,aye.

 

ORDINANCES FOR PUBLIC HEARING

 

Ordinance 2011-9 “Amending Chapter 84 of The Medford Township Code Entitled “Housing Standards” so as to Accept and Adopt the New Jersey State Housing Code (1980 Revision)”

 

            Deputy Mayor Sander moved for adoption of the ordinance, seconded by Mr. Martin

 

            Mayor Myers opened the meeting to the public.

 

            There were no public comments.

 

             Mayor Myers moved to close the public hearing, seconded by Mr. Martin

 

            Deputy Mayor Sander stated that this officially enables Burlington Health Department to be our Ordinance Officer pertaining to the housing code.

 

            Roll call vote to close the public portion as follows:  Mr. Brown, aye,

 Mr. Grosso, aye, Mr. Martin, aye, Deputy Mayor Sander, aye, and Mayor Myers, aye.

           

            Roll call vote for approval as follows:  Mr. Brown, aye, Mr. Grosso, aye,

Mr. Martin, aye, Deputy Mayor Sander, aye, and Mayor Myers, aye.

 

RESOLUTIONS

 

Resolution 149-2011 “Authorizing the Cancellation of Certain Grant Fund Receivable Blalances and Reserve Balances”

           

Mr. Brown moved for approval of the resolution, seconded by Deputy Mayor Sander.

 

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 150-2011 “approving renewal of liquor licenses 2011-2012”

 

Deputy Mayor Sander moved for approval of the resolution, seconded by Mr. Martin.

                       

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 151-2011 “

 
 
RESOLUTION AUTHORIZING MEDFORD TOWNSHIP TO APPLY FOR FUNDING UNDER THE 2012 MUNICIPAL ALLIANCE PROGRAM”

 

Mr. Brown moved for approval of the resolution, seconded by Mr. Martin.

        

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 152-2011 “

 
 
AUTHORIZING TERMINATION OF CONTRACT WITH MORRIS AUTO ENTERPRISES, LLC d/b/a PERFORMANCE FORD”

 

Mr. Grosso moved for approval of the resolution, seconded by Mr. Martin.

        

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 154-2011 “

 
 
A RESOLUTION APPOINTING MUNICIPAL JOINT INSURANCE FUND COMMISSIONER, ALTERNATE FUND COMMISSIONER, CLAIMS COORDINATOR, AND SAFETY COORDINATOR”

 

Mr. Grosso moved for approval of the resolution, seconded by Mr. Brown. 

        

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 155-2011 “

 
 
RESOLUTION AUTHORIZING PARTICIPATION IN THE BURLINGTON COUNTY SHARED SERVICES FORUM”

 

Mr. Martin moved for approval of the resolution, seconded by Mr. Brown.

        

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 156-2011 “

 
 
APPOINTING ROBERT MARTIN MAYOR FOR THE PURPOSE OF SOLEMNIZING A MARRIAGE”

 

Mr. Brown moved for approval of the resolution, seconded by Deputy Mayor Sander.      

        

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 157-2011 “

 
 
AUTHORIZING AWARD OF CONTRACT IRRIGATION PROJECT”

 

Deputy Mayor Sander moved for approval of the resolution, seconded by Mr. Brown.      

        

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 158-2011 “

 
 
AUTHORIZING SALE OF HARDSHIP SEWER CONNECTION PERMIT BLOCK 906.02, LOT 29”

 

Mr. Martin moved for approval of the resolution, seconded by Deputy Mayor Sander.      

        

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

Resolution 159-2011 “

 
 
EMERGENCY TEMPORARY BUDGET FOR 2011”

 

Mr. Brown moved for approval of the resolution, seconded by Deputy Mayor Sander.      

        

Roll call vote for approval as follows:  Mr. Brown, aye, Mr. Grosso, aye,

Mr. Martin, aye, Deputy Mayor Sander, aye, and Mayor Myers, aye.

 

Resolution 160-2011 “

 
 
RESOLUTION OF THE TOWNSHIP OF MEDFORD, IN THE COUNTY OF BURLINGTON, NEW JERSEY AUTHORIZING APPLICATION TO THE LOCAL FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-51”

 

Deputy Mayor Sander moved for approval of the resolution, seconded by Mr. Brown.

        

Roll call vote for approval as follows:  Mr. Brown, aye, Mr. Grosso, aye,

Mr. Martin, aye, Deputy Mayor Sander, aye, and Mayor Myers, aye.

 

Resolution 161-2011 “

 
 
RESOLUTION CONCERNING RECREATION AND OPEN SPACE INVENTORY AND AUTHORIZING RECREATION DIRECTOR AND TOWNSHIP MANAGER TO SUBMIT MATERIALS TO GREEN ACRES”

 

Deputy Mayor Sander moved for approval of the resolution, seconded by Mr. Martin.

        

The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

COMMUNICATION

 

NONE

 

OLD BUSINESS

 

NONE

 

NEW BUSINESS

 

NONE

 

EXECUTIVE SESSION MEETING

 

Mayor Myers advised the purpose of the Executive Session is to discuss Contract Negotiations, Jennings Mill Litigation and Attorney Client Privilege.

 

Resolution 162-2011 “Authorizing Executive Session”

 

Deputy Mayor Sander moved for approval of the resolution, seconded by Mr. Brown.

 

The motion for approval to adjourn to Executive Session at 8:26 PM was duly made, seconded and affirmatively voted upon by all Council present.

 

Mr. Brown provided that action may or may not be taken in Executive Session.

 

RECONVENING OF MEETING

 

Mayor Myers reconvened the meeting at 8:40 PM.

 

RESOLUTION

 

RESOLUTION 163-2011 “AUTHORIZING THE SALE OF CERTAIN CELLULAR COMMUNICATION FACILITY LEASES TOGETHER WITH NECESSARY ACCESS AND MAINTENANCE EASEMENTS”

 

Deputy Mayor Sander moved for approval of the resolution, seconded by Mr. Martin.

 

         Mayor Myers opened the meeting for public comments.

 

         There were no public comments.

 

         The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

RESOLUTION 164-2011 “AUTHORIZING EXECUTION OF AMENDED SETTLEMENT AGREEMENT OF LITIGATION”

 

Mr. Brown moved for approval of the resolution, seconded by Deputy Mayor Sander.

 

         Mayor Myers opened the meeting for public comments.

 

         There were no public comments.

 

         The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.

 

ADJOURNMENT

 

There being no further business, Mr. Martin moved that the meeting be adjourned at

8:53 PM seconded by Deputy Mayor Sander with all members in agreement.

 

Respectfully submitted,

 

 

           

Mary Lou Bergh

Deputy Township Clerk

 

Next meeting scheduled for: August 15, 2011