COUNCIL MEETING
August 15, 2011
The Medford Township Council Meeting of the above date was convened by
Deputy Mayor Sander 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 Mark Sander Present
Mayor Christopher Myers Absent
PROFESSIONALS PRESENT
Mr. Christopher Schultz, Township Manager
Mr. Richard Hunt, Township Solicitor
Mr. Christopher Noll, Township Engineer
MINUTES
Executive
Minutes – July 12, 2011 and July 18, 2011 and August 1, 2011
Mr. Martin moved for approval of the Executive Minutes for July 12, July 18 and August 1, 2011. The motion was seconded by Mr. Grosso.
Deputy
Mayor Sander announced there would be a Proclamation for 9/11 at
EXECUTIVE SESSION
Deputy Mayor Sander informed the public that Council was going into Executive Session at 7:32 PM to discuss an important part of the budget for bids that were received and a question to their sufficiency as to what was requested. Council is going to analyze and make a determination. Deputy Mayor Sander stated the discussion shouldn’t take to long and action may or may not be taken after the Executive Session.
N.J.S.A. 10:4-12b (5) “any matter involving the purchase, lease or acquisition of real property”
N.J.S.A. 10:4-12b (7) “Any pending or anticipated litigation or contract negotiations” and “any matter falling within the attorney-client privilege”
Resolution 179-2011 “Authorizing Executive Session”
Mr. Grosso moved for approval of the resolution, seconded by Mr. Martin.
The motion for approval to adjourn to Executive Session at 7:32 PM was duly made, seconded and affirmatively voted upon by all Council present.
MANAGER’S REPORT
Mr. Schultz explained the need for Executive Session. Mr. Schultz stated the Township received two bids for the sale of cell tower leases and both bids have to be rejected and bid again. This is being done to deal with the existing budget. Mr. Schultz stated the budget hearing will be carried to September 6, 2011 and Township staff has already spoken with the State and they have requested a letter. Mr. Schultz stated if the bids do not come in responsive then he will have no choice but to go back into the budget and find $1,500,000.00 to $1,600,000.00.
Mr. Schultz announced the appointment of the Emergency Management Coordinator is due to expire on August 31, 2011. Mr. Schultz asked Deputy Mayor Sander in the Mayor’s absence that the appointment be made at tonight’s meeting since there was not another meeting prior to the expiration of the term. Mr. Schultz stated this was permissible and the requirement for an Emergency Management Coordinator under N.J.S.A. 9-133. The Deputy Mayor approved the following appointments of Lt. Jeffrey Wagner as the Emergency Management Coordinator and Fire Chief Thomas Thorn, Lieutenant Robert Dovi and Sergeant First Class William Dunleavy as Deputy Emergency Management Coordinator all for a three year term.
Mr. Schultz announced that an Agenda Summary Letter will be posted on the website with the agenda starting in September. The Agenda letter will give a description of the resolutions and ordinances being considered by Council.
Mr. Schultz
recommended to Council a reorganization of departments. There are currently eight departments;
Administration, Finance, Planning and Enforcement, Public Safety, Public Works,
Municipal Utilities and Health and Welfare.
Mr. Schultz is recommending the eight be revised to five as
Mr. Schultz stated he requested Ordinance 2011-10 so as the State changes their threshold this will allow the Township to change with them and follow the State guide.
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. Brown moved for approval of the bill list, seconded by Mr. Grosso.
Mr. Martin asked Mr. Schultz how the Township made out during the storms over the past couple of days.
Mr. Schultz stated he has not had any communications of problems as the other storms. Mr. Schultz stated he gets the fire calls on his phone and monitors them and there were no significant calls.
Chief Meder stated the OEM Coordinator and himself were monitoring flood gates and storm drains.
Deputy Mayor Sander asked Mr. Schultz to explain why this bid has an impact on the budget.
Mr. Schultz explained the $2.4 million dollar deficit when the referendum was defeated and the Township had to close this amount. Mr. Schultz stated one of the options given to the Council was to sell the cell tower leases. This option would plug a balance of $1.2 million and the balance would go towards next year’s budget. Mr. Schultz stated without this revenue the funds would have to be made up internally by service cuts and personnel. Mr. Schultz said an example of service cuts would be no trash service, leaf or brush pick up for the remainder of the year. Mr. Schultz stated the Township is so far along in the year that this is reality and drastic steps would have to be taken to make up the funds. Mr. Schultz stated the sale of the cell towers allows him time to look at options and ways to reduce the expense side of the budget and how the Township is providing services.
Deputy Mayor Sander asked if there has been any discussion with the employee bargaining units and has there been any preliminary success in that regards.
Mr. Schultz responded that he has met with the bargaining units but could not discuss at this time. Mr. Schultz stated there is an item on the agenda related to concessions made by one of the bargaining units. Mr. Schultz stated the budget problem is so drastic that he does not know what level of concessions some of the groups could make that will make the type of impact that the town needs right now.
Deputy Mayor Sander commented that Council has already cut the spending by about a million dollars and are still going to have to cut a million dollars with the cell tower lease sale.
Mr. Schultz stated it is about two million dollars in cuts and this budget still requires a 2.6 cent tax increase if the bids come in which equates to $48 to the average household. Mr. Schultz stated the Township keeps $11.00 of every $100.00 collected in taxes. The cuts have to come from the expense side. Mr. Schultz stated he has prepared a slide show that depicts the tax allocation to the town, schools, county and open space. This presentation will be presented at a later date.
Deputy Mayor Sander stated the voters voted no for a tax increase. Deputy Mayor Sander stated the Council appreciates the State working with the town and will provide the letter required to hold this matter over until September 6, 2011. If you have a question the Manager and CFO will make themselves available.
Mr. Grosso reiterated that Council and the Manager were prepared tonight to discuss the budget, as well as past and future budgets. Mr. Grosso stated one of the things Council struggles with is what the budget will do to the reduction of the police force or Public Works Department. Mr. Grosso stated he appreciates all the time and effort by the Township Manager and CFO have spent on the budget and ways to reduce expenses.
ENGINEER’S REPORT
Mr. Noll stated there are three Change Orders on the agenda this evening; Resolution 168-2011, 169-2011 and 170-2011.
Mr. Noll stated there is a resolution, number 177-2011 on the agenda to reject the bids received for the skateboard park. The Township received four bids and one bidder is claiming they were responsive. Mr. Noll recommended Council not take action on this item this evening and refer it to the Solicitor to review.
Deputy Mayor Sander commented about vandalism at the skateboard park.
Mr. Schultz explained there was and most of the park has been decommissioned. Mr. Schultz stated Chief Meder and Recreation Director Portocalis are working together on vandalism issues at the bathroom facility at the park.
Mr. Noll stated Resolution 176-2011 is for Phase 5 of the Upgrade to the Sewer Treatment Plant and this is the final phase.
Deputy Mayor Sander asked when is the anticipated completion time for the upgrade project.
Mr. Noll stated the end of next year.
Mr. Martin asked how the Road Overlay Project is coming along.
Mr. Noll stated Alaimo and Associates is handling the Road Overlay Project, but believes the project is almost complete.
Mr. Noll
stated the
Mr. Martin
asked that an “uneven pavement” sign be put at
SOLICITOR’S REPORT
Mr. Hunt stated there is a draft ordinance which amends a local ordinance dealing with underage drinking. Mr. Grosso contacted the Manager’s Office about amending the ordinance and amending the Good Samaritan section. Mr. Hunt has distributed a draft ordinance for Council’s review and if agreed upon would be considered at a future meeting.
Deputy Mayor Sander asked questions related to the draft ordinance.
Mr. Hunt stated the ordinance can be amended further and that this copy is a draft for review.
Mr. Grosso
stated the Township is not the first to implement these changes,
other Townships have made changes such as
Mr. Hunt stated that the Township was dismissed from the Centennial Dam Litigation. Mr. Hunt stated one of the parties tried to bring the Township back in to the litigation.
Deputy
Mayor Sander commented it was
PUBLIC
Mr. Grosso moved to open the meeting to the public, seconded by Mr. Brown with all members of Council present in agreement.
Randy Pace, 46 Woodthrush Trail, thanked Mr. Schultz and told him to stick with it.
Mr. Pace suggested as things are changing with the agenda that perhaps list the bill list. Mr. Pace stated maybe not in print but post online.
Mr. Schultz responded it is something that can be looked at as the agenda is revamped.
Mr. Pace asked about when the public can expect the 2010 audit to be released.
Mr. Schultz stated there is customary to have an exit conference and this is being scheduled.
Mr. Pace asked about storm damage. Mr. Pace stated a few years ago the Township spent a significant amount of money on the drainage on this building. Mr. Pace commented there is water intrusion in the building from the storm and looking into it before it gets away from us.
Mr. Pace asked if going back out to bid for the cell tower leases and this fails does the Township have any idea what will be done if the Township does not get leases done.
Mr. Schultz stated he eluded to this earlier that there would be no trash, leaves or bulk pick up for the remainder of the year.
Mr. Pace stated he was asking if Mr. Schultz has these numbers plugged in.
Mr. Schultz stated as he stated some meetings ago he would normally not recommend doing something as selling the cell tower leases but the alternative is having what he calls the “catastrophic budget”.
Mr. Pace asked even with the cell tower lease sale and losing township employees and are going into September, is there a drop dead date. Mr. Pace commented knowing the State they could let us drag on to December 31st.
Mr. Schultz stated the current reduction in force is moving forward under this current budget scenario and if the cell tower lease does not go through then the numbers only get worse.
Debra
Maida, resident of Medford Lakes, but stated she has properties in
Ms. Maida stated she is here to praise the Township employees.
Ms. Maida stated she has been in the Township since Mr. Allen was the Construction Official and now under Mr. Tassone.
Ms. Maida commented the Construction Office is personable and professional and does not want a third party agency providing services.
Ms. Maida also commented that Joan Schifferdecker and her staff are personable and professional.
Marlene Lieber, 2 LaRue Lane, stated she has confidence that the town will leave the last ten chaos years behind and that she has faith in Mr. Schultz.
Ms. Lieber asked what is needed for the Medford Crossing project to happen.
Mr. Hunt stated that several documents are needed before this project can be finalized. Mr. Hunt stated two MOU’s and binding final documents are required. Mr. Hunt stated the documents are clear and there is wording in them that state these are preliminary agreements.
Karl Kaufman,
16 Shannon Court, commented
on the budget and there being more pain with curbside bulk trash being cut he
has noticed the abandoned property along Township streets. Mr. Kaufman stated
the residents at 39
Mr. Kaufman
asked Council how they expect senior citizens to get bulky items to the garage
on
Mr. Kaufman would like Council and the Township Managerto reconsider curbside bulk pickup. Mr. Kaufman suggested curbside bulk pickup could be collected every other month or once per quarter.
Mr. Schultz asked if a resident is aware of bulk trash to please let the Township know and it will be addressed. Mr. Schultz also stated for those who need assistance the Township has been in contact with some church groups who can offer assistance.
Mr. Schultz stated he sent a memo to Council about ideas of bringing services back on Saturday at the same cost as Thursday night operations.
Mr. Grosso stated he appreciates the comments and is a concern of his as well. Mr. Grosso stated one of the things he cherishes about the Township is it is safe and clean.
Deputy Mayor Sander explained this issue is a concern but also a big cost.
William Love, 8 Barberry Mews, stated there is a big problem with the budget.
Mr. Love stated one of the problems is the school cost but the schools do not get aid.
Mr. Love commented the county has a spending problem.
Mr. Love stated he looked at the budget and stated there is a need to focus on the 2012 budget, not just for the taxpayers but for the town's employees.
Mr. Love stated he sees a potential of a $6 million dollar shortfall of one time revenues.
Mr. Love asked about the worth of the cell tower leases and what they are being sold for through the bid.
Mr. Love asked about current revenues versus future revenues.
Mr. Love stated that maybe the Township should have another referendum.
Mr. Love commented that the town and taxpayers need to work on the legislators and that the people pay a lot of income tax and are getting nothing back.
Terri Palmer, Allen Avenue, commented on the budget being balanced by laying off police officers and fire fighters. Ms. Palmer stated other towns have done this and the crime rate has risen.
Ms. Palmer asked Mr. Schultz how he can ensure the safety of the residents.
Mr. Schultz responded he cannot guarantee safety but rollback to basic patrol services. Mr. Schultz stated it was not his intention to come here and layoff employees. Mr. Schultz stated the Township has to go back to providing core services and if funds allow reintroduce proactive services that this community is known for.
Mr. Schultz stated monetization of cell towers is not what he wants to do.
Ms. Palmer commented on the proposed addition of the Medford Crossing project with reduced forces.
Mr. Schultz stated he could not speak of Medford Crossing and has to look at what is in front of him. Mr. Schultz stated employee carrying costs are the biggest expense for a municipality. Mr. Schultz stated some towns have control of these expenses but Medford does not. Mr. Schultz stated there are positions a municipality is required to have such as statutory positions and he is looking into does Medford have to have this employee or can it be shared with another municipality. Mr. Schultz stated police and fire services cannot be outsourced but the services can be shared. Mr. Schultz stated a municipality provides the most direct services.
Ms. Palmer asked about a contract awarded to Star Sprinkler for a project at the Chairville School.
Kevin Ellicott, resident of Medford Lakes and former Medford Township Employee, stated he worked for the Township for nine years and nine months.
Mr. Ellicott appealed to the Council to keep the employees in the loop and to talk to the police and fire employees. Mr. Ellicott commented that the employees might have other options and these options might not be there by the time Council makes a decision.
Mr. Ellicott stated he has been coming to the Council meetings for months and decisions cannot be made. Mr. Ellicott commented that the Mayor has not been to any of the meetings he has attended and that Council should get rid of him and do a vote of no confidence.
Marlene Lieber, LaRue Lane, asked if there is a final deadline for the final agreements for Medford Crossing.
Mr. Martin moved to close the public portion of the meeting, seconded by Mr. Brown with all members of Council present in agreement.
ORDINANCES FOR INTRODUCTION
ORDINANCE 2011-12 “AN ORDINANCE
AMENDING THE MEDFORD TOWNSHIP LAND DEVELOPMENT ORDINANCE TO CREATE SECTION 421A
“GMN-AR-2” GROWTH MANAGEMENT NORTH – AGE RESTRICTED TWO OVERLAY ZONING
DISTRICT”
Mr. Martin moved for approval of the ordinance, advertisement and set date of September 6, 2011 for public hearing, seconded by Mr. Grosso.
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.
ORDINANCES FOR PUBLIC HEARING
Ordinance 2011-10 “Amending
Section 5-58 of the
Mr. Brown moved for adoption of the ordinance, seconded by Mr. Martin
Deputy Mayor Sander opened the meeting to the public.
There were no public comments.
Mr. Grosso moved to close the public hearing, seconded by Mr. Martin
Roll call vote to close the public portion as follows: Mr. Brown, aye,
Mr. Grosso, aye, Mr.
Martin, aye, and Deputy Mayor Sander, aye,
Roll call vote for approval as follows: Mr. Brown, aye,
Mr. Grosso, aye, Mr. Martin, aye, and Deputy Mayor Sander, aye.
Ordinance 2011-11 “Bond Ordinance of the Township of Medford, in the County of Burlington, New Jersey, Authorizing the Issuance of Not to Exceed $3,500,000 Aggregate Principal Amount of General Obligation Refunding Bonds of the Township to Refund Certain Outstanding Bonds, and Appropriating the Proceeds of Such Refunding Bonds to Such Purpose”
Mr. Grosso moved for adoption of the ordinance, seconded by Mr. Martin
Deputy Mayor Sander opened the meeting to the public.
There were no public comments.
Mr. Brown moved to close the public hearing, seconded by Mr. Martin
Roll call vote to close the public portion as follows: Mr. Brown, aye,
Mr. Grosso, aye, Mr.
Martin, aye, and Deputy Mayor Sander, aye.
Roll call vote for approval as follows: Mr. Brown, aye, Mr. Grosso, aye,
Mr. Martin, aye, and Deputy Mayor Sander,
aye.
RESOLUTIONS
Resolution 167-2011
“
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.
Mr. Brown stated there will be a 9/11 ceremony on September 11, 2011 at 4:00 p.m. at Freedom Park sponsored by the Medford Arts Council.
Resolution 168-2011
“approving change order number 1, final rtw construction, inc., taunton road
sewer connector project”
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.
Mr. Grosso stated the increase is
in the amount of $28,325.00.
Resolution 169-2011 “
APPROVING CHANGE ORDER NUMBER 3, ROGER W. WUESTEFELD, INC.,
INFLUENT IMPROVEMENTS PROJECT”
Mr. Brown moved for approval of the resolution, seconded by Mr. Grosso.
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.
Mr. Grosso stated the increased amount is $135,831.00.
Mr. Brown asked Township Engineer, Mr. Noll, if this increase is within the original scope of the project.
Mr. Noll responded the amount is in
the budget.
Resolution 170-2011 “
APPROVING FINAL CHANGE ORDER HEADWATER TENNIS COURT
RECONSTRUCTION – PHASE II NICKOLAUS CONSTRUCTION COMPANY”
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 171-2011 “
RESOLUTION APPROVING FY2009 EMERGENCY MANAGEMENT PERFORMANCE
GRANT”
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 172-2011 “
APPROVING REQUEST FOR FINAL RELEASE OF MAINTENANCE GUARANTEE
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 173-2011 “
REJECTING ALL BIDS FOR
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 174-2011 “
A RESOLUTION TO READ THE MEDFORD TOWNSHIP 2011 YEAR MUNICIPAL
BUDGET BY TITLE ONLY IN ACCORDANCE WITH N.J.S.A. 40A:4-8”
Carry until September 6th, 2011
The motion to carry was duly made, seconded and affirmatively voted upon by all Council present.
Resolution 175-2011 “
ADOPTING THE 2011 YEAR MUNICIPAL BUDGET”
Carry until September 6th, 2011
The motion to carry was duly made, seconded and affirmatively voted upon by all Council present.
Resolution 176-2011 “
AUTHORIZING AWARD OF SLUDGE SYSTEM IMPROVEMENT PROJECT
CONTRACT”
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 177-2011 “
REJECTING ALL BIDS FOR FREEDOM PARK SKATE PARK PROJECT”
Resolution was tabled.
The motion to
table was duly made, seconded and affirmatively voted upon by all Council
present.
COMMUNICATION
Mr. Brown commented on the 7/25/11 Pine Barren’s Festival which was Medford Night. The Pine Barren's Festival honors a volunteer from the community. This year's honoree was Mike Panarello.
Mr. Grosso asked Mr. Schultz about talking to the employees. Mr. Schultz couldn’t give definitive answers as discussions he was having were in an effort to save jobs.
OLD BUSINESS
NONE
NEW BUSINESS
NONE
EXECUTIVE SESSION
MEETING
Deputy Mayor Sander advised the purpose of the Executive Session is to discuss Contract Negotiations, Litigation and Medford Village Litigation.
Mr. Hunt stated no action would be taken on Medford Village Litigation
Resolution 178-2011 “Authorizing Executive Session”
Mr. Grosso moved for approval of the resolution, seconded by Mr. Martin.
The motion for approval to adjourn to Executive Session at 9:30 PM was duly made, seconded and affirmatively voted upon by all Council present.
Deputy Mayor Sander provided that action may or may not be taken in Executive Session.
RECONVENING OF
MEETING
Deputy Mayor Sander reconvened the meeting at 10:34 PM.
ADJOURNMENT
There being no further business, Mr. Martin moved that the meeting be adjourned at
10:34 PM seconded by Mr. Grosso with all members in agreement.
Respectfully submitted,
Katherine E. Burger
CFO/ Township Clerk
Next meeting scheduled for: September 6th, 2011