MEDFORD TOWNSHIP

COUNCIL MEETING

September 6, 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. Richard Hunt, Township Solicitor

            Mr. Christopher Noll, Township Engineer

            Mr. Robert Nehila, Township Auditor

                                                           

            MINUTES

 

            Minutes – July 18, 2011 and August 1, 2011

           

            Deputy Mayor Sander moved for approval of the Minutes for July 18 and August             1, 2011.  The motion was seconded by Mr. Grosso.

 

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

           

            MANAGER’S REPORT

 

            Proclamation - Constitution Week, September 17-23, 2011.  Mayor Myers explained "Constitution Week".

 

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.

 

The Manager thanked the Township staff and volunteers that were in and here during the storm.  The Manager stated it was an excellent job by all and expressed his and the town's appreciation.

 

            Mr. Schultz apologized for not having the Agenda Summary posted.  Mr. Schultz explained the summary was complete, but there was a communication error.  The     Agenda Summary will be posted on the Township website tomorrow.

 

            Mr. Schultz requested the agenda be amended to add Resolution 190-2011

            due to the retirement of the Tax Collector.

 

            Deputy Mayor Sander moved to amend the agenda to include Resolution 190-      2011, seconded by Mr. Martin.

 

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

 

Mr. Schultz stated the estimated brush and debris removal costs for the storm are estimated to be ninety to ninety five thousand dollars.  Mr. Schultz stated Zone 3       is currently being picked up and asked the residents to be patient and we will get       to you.  Mr. Schultz also stated that brush could be brought to the   Township             Garage.

 

            Deputy Mayor Sander stated that he understands the contractor is estimating four             weeks for the removal of the brush.

 

ENGINEER’S REPORT

 

Mr. Noll stated Resolution 180-2011 was tabled at the last meeting so the Solicitor's Office could review and they concluded it was appropriate to reject all    bids.

 

Mr. Noll stated Resolution 181-2011 is a change order for the Pact II contract and            it is a decrease due to structural fill.

 

Mr. Noll stated Hartford Road and Route 70 has been paved.

 

SOLICITOR’S REPORT

 

            Mr. Hunt stated Ordinance 2011-12 is on the agenda for second reading and was previously introduced and sent back to the Planning Board to see if there was   consistency with the Master Plan.  Mr. Hunt stated the Planning Board agreed and       an attachment was given to Council this evening.

                       

            PUBLIC

 

            Mike Panarello, 49 Georgia Trail, announced that he had just come from the           viewing for Mr. Johnson.

 

            Mr. Panarello spoke of the  CERT Program and its' involvement during the recent storm.  Mr. Panarello stated forty people were evacuated and given shelter at        Chairville School.  Mr. Panarello also stated that Fellow Alliance members        assisted. 

 

            Mayor Myers commented that he received several calls on Saturday about the        passing of Mr. Johnson.   Mayor Myers stated the Johnson Farm is an intricate            part of the community.  

 

Deputy Mayor Sander also commented on Mr. Johnson and his family and their     presence in the community.

 

Deputy Mayor Sander spoke of emergency preparedness.  Deputy Mayor Sander   stated the boy scouts set up one hundred cots.

 

Deputy Mayor Sander commended the Manager for his sleepless nights making     sure everything ran smoothly.

 

Mr. Martin echoed the same sentiments as his colleagues. 

 

Mr. Martin stated he knew Mr. Johnson for years and could remember when the    only thing the Johnson's farmed was corn. Mr. Martin commented he had the            pleasure of working on the farm and hopes the family continues the business.

 

Mr. Martin thanked the volunteers, Chief Meder, the police, Rob Dovi and Cliff    Rickards for their work during the storm.

 

 

ORDINANCES FOR INTRODUCTION

 

ORDINANCE 2011-13 “AUTHORIZING LEASE OF PROPERTY FROM THE           NEW JERSEY DEPARTMENT OF TRANSPORTATION”

 

            Mr. Martin moved for approval of the ordinance, advertisement and set date of     October 3, 2011 for public hearing, seconded by Mr. Brown.

                       

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

 

ORDINANCES FOR PUBLIC HEARING

 

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

 

            Mayor Myers opened the meeting to the public.

 

            Chuck Deal, 5 Cobbler Court,  stated he saw on the web page that the property     was approximately 250 acres and originally zoned for 156 units.

 

            Mr. Hunt stated it was originally for 529 units.

 

            Mr. Deal asked how much is being asked for in density.

 

            Mr. Hunt responded with 47 additional units, increasing from 156 to 203 units.

 

            Mr. Deal stated he has concern when there is a zoning change for a developer and             another developer comes in with a hardship.  Mr. Deal stated he is concerned of          setting a precedent for other developers to go by.

 

            Deputy Mayor Sander stated the change was from three bedrooms to two bedrooms.  Deputy Mayor Sander stated the change almost evened out the        population with bedroom decrease versus unit increase.  Deputy Mayor Sander             stated the hardship shown was that the units were not selling.

 

            Mr. Grosso stated he understands the idea of precedent and asked the Solicitor for            an opinion.

 

             It was stated that each case would be looked at individually and the Planning       Board would seek input from the Planner and Engineer.  Also, getting additional      COAH.  This decision does not cause a binding precedent.

 

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

           

            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.

 

2011 BUDGET

 

Mr. Schultz explained on Thursday the State stated they would not approve the     budget until the cell tower contract is signed.  The Auditor, Mr. Nehila, spoke   with the State today and they are allowing the Township until September 30, 2011    to compete the process.

 

 

 

Mr. Schultz stated he came late in the game and expects expenses to go down in    2012.  Mr. Schultz also stated the tax rate has been stable or flat for the last             several years.

 

Mr. Schultz stated the cell tower leases generate approximately $130,000.00 per    year. 

 

Mr. Schultz stated the Referendum was defeated and the expenses had to be cut   by 2.4 million dollars.

 

There are resolutions on tonight's agenda for layoffs of police and Public Work's    employees.

 

Mr. Schultz stated he is out in the community meeting with organizations.

 

Mr. Schultz presented a power point presentation on the budget.  The presentation             is attached.

 

Mr. Schultz complimented the Fire Union for concessions made and stated there   is a resolution on the agenda for same.

 

Mr. Schultz announced the retirement of the Tax Collector and a replacement has not been made.  Mr. Schultz stated he is talking with the Borough of Medford    Lakes about a shared service on a trial basis.

 

Mayor Myers asked what Lumberton Township doing.

 

Mr. Schultz responded that he is talking to Lumberton about Planning and Zoning             and Construction services only.

 

Mr. Schultz commented he has heard rumors that he is discussing disbanding the   Township's Police Department and stated this is not true.  Mr. Schultz stated it is        an option that could happen and nothing is off the table.  Mr. Schultz stated this       would be a huge undertaking.

 

Mayor Myers stated this budget is without Medford Crossing.

 

Mr. Schultz stated this budget does not consider Medford Crossing and that he     worked with what he had in front of him.

 

Mayor Myers asked Mr. Schultz to run numbers with Medford Crossing.

 

William Love, 8 Barberry Mews, thanked Mr. Schultz for the budget presentation.

Mr. Love summarized the fifty page budget into three pages and distributed to      Council(attached).  Mr. Love suggested a multi-year plan.  Mr. Love stated the        information discussed is not negative but constructive.

 

Mayor Myers stated again, he would like to see the numbers of Medford    Crossing.

 

Mr. Love stated one time revenues are not the answer.

 

Mr. Love stated he added a 2012 column to his summary and thinks Mr. Schultz   should take a stab at this column.

 

Mr. Love suggested another referendum or a utility tax which was done in             Pennsylvania.

 

Mr. Love stated the County gave back about five million dollars in open space       funds and Medford received one hundred thousand.  Mr. Love believes Medford          has some pull with the County.  Mr. Love stated instead of the County giving one       hundred thousand or two hundred and fifty thousand dollar grant give the open    space penny back to the Township.  Mr. Love stated a penny back would yield      three hundred and forty two thousand dollars.

 

Mr. Love stated the Township is down five hundred and eighty eight thousand     dollars in State Aid and missing local representation.  Mr. Love commented it is        an election year and to go to the State Representatives and get their assistance.          Mr. Love stated if Medford can't get their help then they need to be replaced.        Mr. Love commented the same for the County.

 

Laura Saunders, Taunton Boulevard, asked why the Utility has not been    discussed.

 

Mr. Schultz stated the discussion is the tax budget.

 

Ms. Saunders stated the town should not use one time revenues.

 

Chris Buoni, 20 Woodthrush Trail, stated he has been denied access to the             SAS114 & SAS115 letters and he wants the letters.  Mr. Buoni demanded the   letters for 2010 be released immediately.

 

Frank Czekay, Tavistock Drive, asked what the exact amount being spent on the   cell tower leases.

 

Mr. Czekay stated he does not like selling a constant revenue stream.

 

Mr. Schultz stated the Township is selling the term of the leases.

 

Mr. Czekay requested a copy of the contract.

 

Mr. Schultz stated the contract could be released once it is executed.

 

Tom Corbi, 8 Hanover Drive, stated he appreciates the work done by Mr. Schultz.

 

Mr. Corbi stated he was at the meeting to represent the contingency of the 180      homes of Headwater Village.

 

Mr. Corbi commented that he found it hard to believe the services provided with   the funding received.  Mr. Corbi asked for the Township to preserve the tangible          services the residents see.

 

Earl Stahl, 25 Fostertown Road, complimented Mr. Noll on the Hartford Road      and Route 70 project.

 

Mr. Stahl asked Mr. Schultz and Council to look at the numbers again regarding    Planning and Zoning and Construction costs.

 

William Love, 8 Barberry Mews, asked Council to look at everything to get the     town thru this. 

 

Mr. Love stated he heard the town might sell the Water Department.  Mr. Love     cautioned on this idea and heard the town would have to pay 15% in taxes on   profit to the State as franchise receipts.

 

Mr. Grosso moved to close the public portion of the meeting and budget 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.

 

            Resolution 184-2011 “Awarding Bid for Sale of Cell Tower   Leases and Associated Easement”

 

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”

 

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 183-2011 “To Amend 2011 Budget of the Township   of Medford County of Burlington”

 

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.

 

            Resolution 175-2011 “Adopting the 2011 Year Municipal            Budget”

 

Mr. Martin moved to carry, pending State’s approval of signed contract for cell     towers sale, seconded by Mr. Grosso.

 

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

 

RESOLUTIONS

 

            Resolution 180-2011 “REJECTING ALL BIDES FOR SKATE PARK AT FREEDOM PARK AND AUTHORIZING LETTING OF NEW         SPECIFICATION”

           

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 181-2011 “APPROVING CHANGE ORDER NUMBER 5,        PACT TWO, LLC, RBC IMPROVEMENTS PROJECT”

 

Mr. Grosso 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 182-2011 “

 
 
APPROVING CHANGE ORDER NUMBER 1,          ARAWAK  PAVING COMPANY, INC, 2010 LOCAL ROAD PROGRAM”

 

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

        

         Deputy Mayor Sander asked for an explanation for increase.

 

         Mr. Schultz explained that all of Utah Trail need to be paved.            

 

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

 

 

 

Resolution 185-2011 “

 
 
RESOLUTION AUTHORIZING THE EXECUTION           OF A MEMORANDUM OF AGREEMENT BETWEEN THE TOWNSHIP OF            MEDFORD AND BURLINGTON COUNTY PROFESSIONAL FIRE FIGHTER    ASSOCIATION, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS        LOCAL 3091 A.F.L. – C.I.O.-C.L.C. SHOP 25F AND SHOP 250”

 

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

        

            Mr. Grosso stated he appreciated the Township and Association working together. 

 

            Mr. Brown, Deputy Mayor Sander and Mr. Martin appreciated it as well.

 

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

 

Resolution 186-2011 “RESOLUTION DESIGNATING SPETEMBER 2011 AS NATIONAL PREPAREDNESS MONTH”

 

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 187-2011 “

 
 
AUTHORIZING LAYOFF OF PUBLIC WORKS EMPLOYEES”

 

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 188-2011 “

 
 
AUTHORIZING LAYOFF OF POLICE OFFICERS”

 

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 190-2011 “APPOINTMENT OF TAX SEARCH OFFICIAL”

 

Mr. Grosso 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.

 

 

 

            COMMUNICATION

           

            9/11 Observance is Sunday at 4:00 p.m. at Freedom Park and will be hosted by      the Cultural Arts Commission.

 

            Taste of Medford is Saturday.

.

            OLD BUSINESS

 

            NONE

 

            NEW BUSINESS

 

            New Volunteer – Union Fire Company (Station 251) – Thomas Harris        (firefighter)

 

            Social Affair Permit for Oktoberfest

 

Mr. Martin moved for approval of the new volunteer and social affair permit,         seconded by Mr. Grosso.

        

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

 

            EXECUTIVE SESSION MEETING

 

Mayor Myers advised the purpose of the Executive Session is to discuss     Litigation – Uschmann and Medford Village East.

 

            Mayor Myers provided that action may or may not be taken in Executive Session.

 

            Mayor Myers asked Mr. Hunt about action.

 

            Mr. Hunt stated he does not anticipate any action.

 

            Resolution 189-2011 “Authorizing Executive Session”

 

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

 

            The motion for approval to adjourn to Executive Session at 10:08 PM was duly     made, seconded and affirmatively voted upon by all Council present.

 

 

 

            RECONVENING OF MEETING

 

            Mayor Myers reconvened the meeting at 10:17 PM.

 

 

            ADJOURNMENT

 

            There being no further business, Mr. Brown moved that the meeting be adjourned             at 10:18 PM seconded by Mr. Grosso with all members in agreement.

 

            Respectfully submitted,

 

 

           

            Katherine E. Burger

            CFO/ Township Clerk

 

            Next meeting scheduled for: September 19, 2011