COUNCIL MEETING
DECEMBER 14, 2010
The Medford Township Council Meeting of the above date was convened by
Mayor Martin followed by the salute to the flag and reading of the Open Public Meetings Act Statement.
COUNCIL ROLL CALL
Mr. David J. Brown Present
Mrs. Victoria Fay Present
Mr. Mark Sander Present
Deputy Mayor Myers Absent
Mayor Robert Martin Present
PROFESSIONALS PRESENT
Stephen
Addezio,
Richard Hunt, Township Solicitor
Christopher Noll, Engineer
MINUTES
Public Session and Executive Minutes – November 9,
2010
Mr. Brown moved for approval of the Public Session Minutes and Executive Session of November 9, 2010. The motion was seconded by Mrs. Fay.
The motion was affirmatively approved by all Council present.
MANAGER’S REPORT
Ryan Willitts, Director of Utilities gave a brief synopsis of the careers of retirees Harvey Davis, Jr., Robert Piper and Timothy Hogan.
Proclamations were presented by
Mayor and Council to Harvey Davis, Jr., Timothy Hogan and Robert Bruce Piper
for their years of dedicated service to
Mr. Addezio stated we had received notification from the New Jersey Department of Community Affairs on the Best Practices Checklist; the Township met enough requirements and will have no reduction in State Aid.
Mr. Addezio thanked Kathy Burger, CFO for the preparation and satisfactory approval of all 88 items.
Mr. Addezio recognized Mr. Dennis Kildae for sharing his financial knowledge from the public sector concerning budget and appropriations with Kathy Burger and himself.
Mr. Addezio presented the bill list for payment.
Mr. Addezio 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. Sander.
The motion was affirmatively approved by all Council present.
ENGINEER’S REPORT
Mr. Noll congratulated Tim, Harvey and Pike on their retirement. RBC’s (Rotating Biological Contactors) are now on line, the old sludge treatment has been taken offline, and we have seen an improvement in efficiency and quality.
Mayor Martin asked how long before it is completed.
Mr. Noll advised that we still have another year before completion.
Mr. Noll wanted to thank Ryan Willitts and his staff for all their efforts.
Mr. Noll stated there are two change orders on the agenda tonight. A major portion of these two items were suppose to be part of Phase 6 but have moved them into Phase 3 and 4 Mayor Martin asked if it would impact the budget.
due to efficiency.
Mr. Noll advised it would not, it was just moving it forward.
Mr. Noll advised that the Township received 2.375 million dollars of stimulus money for these projects.
Mr. Noll referred to Resolution 268-2010 for the WAWA hardship sewer. Mr. Noll advised that WaWa septic system has failed and are having to pump it every three to four days. Wawa was advised that they would have to pay the connection fee and also be responsible for connecting to the public sewer.
Mayor Martin asked if there would be a cost to the township.
Mr. Noll replied there is no cost to the township.
Mr. Noll updated Council on the Hartford/Route 70 project. Mr. Noll stated that he got approval from the State.
Mr. Noll advised pre-con meeting will be sometime in early January.
Mr. Brown asked when the project will be completed.
Mr. Noll advised in 2 – 3 months.
Mr. Noll stated there were a number of releases of bonds on the agenda. Resolution 260-2010 has been taken care of so it can be removed from the agenda.
SOLICITOR’S REPORT
Mr. Hunt referenced Ordinance 2010-34 which is on the agenda tonight for first reading regarding the elimination of the Dispatchers.
Mr. Hunt advised at the time a resolution was passed Ordinance 2010-30 is due to budgetary issues.
Mr. Hunt stated that on November 4, 2010 that the township received a petition for referendum in reference to Ordinance 2010-30.
Mr. Hunt advised that the Township Clerk, Mrs. Burger reviewed the petition and had 20 days to verify that there was a significant number of signatures. Since the number of signatures were verified Council has a choice of two decisions, it can either repeal the ordinance and put the dispatcher language back into the code or set up the mechanisms for a special election. Mr. Hunt stated in speaking to Mrs. Burger a special election would cost around $10,000.00. Mr. Hunt then stated it is his understanding that Council has intentions to repeal the ordinance.
Mr. Hunt advised Council that if the ordinance is repealed they still have the discretion to fund any positions and do reductions of the force.
Mr. Hunt discussed Resolution 252-2010 that was passed at the December 9, 2010 meeting. This resolution authorizes Lennar U.S. Homes to be continued potential redeveloper for the site and authorized the resolution of litigation with Mr. Samost. Mr. Hunt stated this resolution was necessary to move forward. Mr. Hunt also stated the MOU is a preliminary document.
PUBLIC
Mayor Martin asked all Council members and professionals to refrain from making comments until the end of the public portion.
Mary Scout, 7 Stonycroft Court, stated she just listened to the Solicitor and asked what was going to happen with the dispatchers.
Mayor Martin stated Council does not know and it depends on the budget. Mayor Martin stated the Township is not going to spend $10,000 on a special election.
Mrs. Scout asked what will happen to the dispatchers after December 31, 2010. Mrs. Scout then stated there is question as to what savings there will be if the dispatcher
positions are eliminated. Mrs. Scout stated she spent some time reviewing the Township Audit and there would only be a savings of salaries and benefits which is $399,000. The Township would then spend $115,000 based on Manager Addezio said it would cost for the temporary people. Mrs. Scout then stated she understands that the Township is self insured for unemployment which will cost $90,000 with a net savings of $194,000 in savings which equates to $23.00 per household.
Mrs. Scout then stated when the petitioners were out getting the petitions signed there was overwhelming supports for keeping the dispatch. Mrs. Scout commented if the Council does not want to spend $10,000 for a special election that is their prerogative but feels that what the majority of the public wants is just being ignored.
Mrs. Scout commented if there is truly a $6.8 million dollar deficit then the town has been mismanaged. Mrs. Scout stated she hears that the Town was using school deferrement and this is no longer available. Mrs. Scout asked Council if they read financial statements annually or quarterly. Mrs. Scout asked if the Township knows how they will end up at the end of 2010.
Nancy Meyer, 12 Holly Drive, stated she was involved with the petitions.
Mrs. Meyer asked how much did it cost the taxpayers to certify the signatures on that petition.
Mrs. Burger stated it cost the time of both herself and Mary Lou Bergh’s. The time it took was three days.
Mrs. Meyers stated that Council cannot spend $10,000 to put it out for a vote that the people were so supportive of and these two women had to spend three days of their time to certify the signatures.
Mayor Martin responded that Council is responding by repealing the ordinance.
Mr. Hunt stated that the most the result of a special election could do is repeal the ordinance. Mr. Hunt stated that Council is doing what the petition asked for which is to repeal the ordinance.
Mrs. Meyers expressed concern that the Clerk and Deputy Clerk spent three days certifying the signatures and Council could go behind “closed doors” and still eliminate jobs.
Mr. Hunt and Mayor Martin advised that resolutions are not done behind closed doors.
Mr. Sander asked Mr. Hunt if verifying the signatures is a requirement by statute.
Mr. Hunt stated the certification of the signatures must take place. It only takes place because the petition was submitted. Council by law can either put the mechanism forward to have a special election or repeal the ordinance.
Mrs. Meyers stated that the petitioners should have been told all that was involved and a lot of time would not have been wasted.
Mr. Hunt and Mayor Martin stated there was no intention of repealing the ordinance until the petition was presented.
Marlene Lieber, LaRue Lane, stated there was not supposed to be any comment from Council and there seems to be a lot of commenting. Mrs. Lieber commented that she would prefer the Council to comment while the public is speaking so that inaccuracies could be corrected.
Mayor Martin apologized for not waiting to comment.
Mrs. Lieber then asked Council if any of them attended the League of Municipalities and who paid for their attendance.
Mayor Martin commented that he attended and paid.
Mrs. Lieber asked Mayor Martin if he attended the Bowman Cocktail Party.
Mr. Martin responed no he did not and why.
Mrs. Lieber responded that they are the Township’s accountants and there were problems with the financial affairs of the town.
Mrs. Lieber asked about the status of the PILOT, if it was still being negotiated.
Mr. Hunt stated the MOU is in the process of being finalized. Mr. Hunt also stated it is a two tier process, the memorandum of understanding which is the preliminary agreement and then a formal redevelopment agreement.
Mrs. Lieber asked if the agreement and PILOT will encompass both residential and commercial.
Mr. Hunt stated both are involved.
Mrs. Lieber stated this concerns her. She stated the PILOT dollars are frozen. Mrs. Lieber is concerned about the money that will go to education and the effect it will have on the current taxpayers.
Mr. Hunt stated the agreements will be available for public review.
Mrs. Lieber commented on the other redevelopment areas and the effects on the taxpayers regarding COAH and improvements that would have been paid for by the developers.
Reinmann, 5 Woodleaf Court, asked the Mayor if a decision has been made to eliminate dispatch.
Mayor Martin responded that no decision has been made yet.
Mr. Reinmann asked if no decision has been made then why is Central Communications answering 911 calls.
Mayor Martin responded that Central has been doing this job and will continue to do so.
Mr. Hunt commented that personnel do not have to be discussed.
ORDINANCES FOR INTRODUCTION
ORDINANCE 2010-34 “REPEALING ORDINANCE 2010-30”
Mr. Brown moved for approval of the ordinance, advertisement and set date of January 11, 2011 for public hearing, seconded by Mr. Sander.
Mrs. Fay commended Mrs. Scout for an impressive almost 2,000 signatures. She also commended Mrs. Meyers for her work. Mrs. Fay stated the petition asked for the language to be put back in. Mrs. Fay commented if the residents had more time perhaps they would have gotten many more signatures and this process showed that the residents want to be heard. Mrs. Fay commented that this is a tough one and she is going to have to vote no on this one.
Mr. Brown commented we have been thru this difficult
situation for about six months and he has been looking at this for six
years. The Township has retained the
communication center whether it is $300,000 or $500,000 and it is people’s
lives and nobody wants to see layoffs in
Mrs. Fay commented on duplicative service and that Mrs. Scout and others went out and got the signatures and the people want to be heard. Mrs. Fay stated if Council is going to change the language be upfront with the people.
Mr. Sander commented that he was not on Council when this started but was aware of what was going on and made some observations that it was impressive of the amount of signatures obtained in such a short time. Mr. Sander stated the fact that Council is considering repealing the ordinance that was passed several meetings ago is a testament to the fact that effort was a successful one and is recognized by Council. Mr. Sander then stated that the original ordinance removed the position of dispatcher. Mr. Sander stated the petition asked for the ordinance to be put back to its original form. Mr. Sander stated to vote no to this ordinance would not be recognizing the effort put forth in the petition.
Mayor Martin stated he agrees with Mr. Sander. Mr. Martin stated that Council knows that Central is good and that all but two municipalities are with Central. Mayor Martin commented on the budget situation and choosing to keep positions that cannot be funded. Mayor Martin stated the only thing to do is repeal the ordinance.
Mr. Hunt stated that this ordinance responds favorably to the petition. Mr. Hunt stated there will be a second reading of the ordinance at a future meeting.
Roll call vote as follows:
Mr. Brown, aye, Mrs. Fay, aye, Mr. Sander, aye, and Mayor Martin, aye.
Resolution 253-2010 “authorizing award of contract for appraiser for
a township wide revaluation”
Mr. Brown moved for approval of the resolution, seconded by Mr. Sander.
Mr. Hunt advised there was a second bidder who was considerable higher.
Mayor Martin opened the meeting for public comments.
There were no public comments.
Mrs. Fay asked M r. Addezio to clarify the appraisal process and who was going to be a part of the process.
Mr. Addezio stated he spoke with Gil Goble who has worked for the Township for several years and Mr. Goble developed a twenty three page specification of how this process will work. Mr. Goble told Mr. Addezio that he is comfortable and has full confidence in the company that has been selected and he will work along with the company and make sure that all specifications are adhered to item by item.
Mr. Hunt stated he had a similar conversation with Mr. Goble.
Mrs. Fay expressed concern to Mr. Addezio about appeals being filed and Mr. Goble assured Mr. Addezio that with his expertise in this field and process he will get the Township through this as best as possible.
Mayor Martin asked when this process will start.
Mrs. Burger stated it should start in January and take approximately a year.
Mrs. Fay
stated that this is the company that
Mr. Addezio stated that Mr. Goble feels with the specifications he does not anticipate the same issues.
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present with the exception of Mrs. Fay who opposed.
Resolution 254-2010 “Authorizing
Award of Contract for Computer Services Public Safety Department”
Mr. Sander moved for approval of the resolution, seconded by Mr. Brown
Mayor Martin 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 255-2010 “approving request for final release of performance guarantee cobra real estate development, llc spr-5636F”
Mrs. Fay moved for approval of the resolution, seconded by Mr. Brown.
Mayor Martin 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 256-2010 “Purchase through state contract”
Mr. Brown moved for approval of the resolution, seconded by Mr. Sander
Mr. Addezio stated this resolution is for equipment for three police cars.
Mr. Brown asked how much this equipment will cost.
Mr. Addezio stated it cost around $20,000.00 for the equipment and installation of same. There is equipment that will be transferred from vehicles being taken out of the fleet and this equipment that is needed.
Mayor Martin opened the meeting for public comments.
Mr. Deal, 5 Cobbler Court stated it should state on the resolution what the cost is. Mr. Deal commented that this is an example of the total cost for the project should be on the paperwork for all to see and it should be discussed in the open. Mr. Deal stated with the budgetary situation the Township is in are the items that need to be reviewed and discussed.
Council commented how they agreed and heard what Mr. Deal was saying.
Mayor Martin asked Mr. Addezio and Mrs. Burger if this resolution has to be passed right now.
Mrs. Burger asked if she could explain the resolution. Mrs. Burger stated that this resolution allows the Township to purchase the equipment from state contract; it is not awarding a contract to a specific vendor. Mrs. Burger then stated if the resolution is not passed then the Township could get three quotes and purchase the equipment anyway. Mrs. Burger explained that the vehicles that the equipment is needed for were both apart of the Capital Budget which were all public knowledge. The vehicles were purchased several months ago and now the equipment is needed.
Mr. Addezio stated that the Township is behind on this purchase and that these four wheel drive vehicles are critical during the bad weather. If we do not do this purchase then the vehicles will be received and we will not be able to equip them.
Mrs. Fay and Mayor Martin asked the future that the dollar amount be included in the body of the resolution.
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.
Resolution 257-2010 “approving request for final release of performance gaurantee wildflower pbc-1338”
Mr. Sander moved for approval of the resolution, seconded by Mr. Brown.
Mr. Noll
stated this is specifically for the bond for the improvements of
Mayor Martin 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 258-2010 “approving request for final release of performance guarantee new freedom estates pbc-1322”
Mr. Brown moved for approval of the resolution, seconded by Mrs. Fay.
Mayor Martin 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 259-2010 “resolution authorizing medford township to apply for funding under the fy 2011 community development block grant program”
Mrs. Fay moved for approval of the resolution, seconded by Mr. Brown.
Mayor Martin opened the meeting for public comments.
There were no public comments.
Mrs. Fay thanked Beth Portocalis for finding grant opportunities.
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.
Resolution 260-2010 “Authorizing the Township Council to Call
Maintenance Bond Posted by Mobil on the Run (Lukoil)
spr-5465AFA”
Resolution not needed
Resolution 261-2010 “authorizing the township council to call
maintenance bond posted by christopher dicristo
spr-5575F”
Mr. Brown moved for approval of the resolution, seconded by Mrs. Fay.
Mayor Martin 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 262-2010 “amending the power purchase agreement with
Mr. Sander moved for approval of the resolution, seconded by Mr. Brown.
Mayor Martin opened the meeting for public comments.
Earl Stahl, 25 Fostertown Road talked about local improvements to Solarworks stating they had not visited the plant to date.
Mr. Hunt stated delay in PSE & G transformers.
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.
Resolution 263-2010 “approving change order number 2 Influent improvements project sewage treatment plant’
Mrs. Fay moved for approval of the resolution, seconded by Mr. Brown.
Mayor Martin 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 264-2010 “approving change order number 3 rbc improvement project sewage treatment plant”
Mr. Brown moved for approval of the resolution, seconded by Mrs. Fay.
Mayor Martin 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 265-2010 “approving request for final release of performance guarantee steven hotz spr-5655”
Mr. Sander moved for approval of the resolution, seconded by Mr. Fay.
Mayor Martin opened the meeting for public comments.
There were no public comments.
Mr. Noll
stated that 66 N.
Mr. Hotz has improved area.
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.
Resolution 266-2010 “approving request for final release of performance GUARANTEE PENDLETON ridge pbc-1325f”
Mr. Brown moved for approval of the resolution, seconded by Mrs. Fay.
Mayor Martin 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 267-2010 “authorizing employment separation agreement”
Mr. Brown moved for approval of the resolution, seconded by Mrs. Fay.
Mayor Martin opened the meeting for public comments.
Rob Fallon,
Mayor Martin stated this is a severance agreement for Chief Canale.
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.
Resolution 268-2010 “authorizing
Mr. Sander moved for approval of the resolution, seconded by Mr. Brown.
Mayor Martin opened the meeting for public comments.
There were no public comments.
Mayor
Martin commented that this is the Wawa at Route 70 and
The motion for approval was duly made, seconded and affirmatively voted upon by all Council present.
Resolution 269-2010 “approving 2010 appropriation transfers”
Mr. Brown moved for approval of the resolution, seconded by Mr. Sander.
Mayor Martin 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.
COMMUNICATION
Dickens Festival was great this past Saturday which was very well attended.
Operation Santa, Mrs. Fay thanked
Captain McIninch and the police department.
OLD BUSINESS
NONE
NEW BUSINESS
The motion to approve was made by Mr. Brown and seconded by
Mrs. Fay with all Council in agreement.
New Volunteer Fire – Taunton Fire Company (Station 252) – Louis Muller, IV and William Webb, III
The motion to approve was made by Mrs. Fay and seconded by Mr. Brown with all Council in agreement
Raffle RL 83 - St. Mary of the Lakes.
The motion to approve was made by Mr. Brown and seconded by Mr. Sander with all Council in agreement. Mrs. Fay recused herself.
Raffle RL 84 & 85 – Shawnee Three Point Club
The motion to approve was made by Mr. Brown and seconded by Mrs. Fay with all Council in agreement.
PUBLIC
None
EXECUTIVE SESSION
MEETING
Mayor Martin advised that the purpose of the Executive Session is to discuss Contract Negotiations – Attorney Client Privilege
Resolution 270-2010
“Authorizing Executive Session”
Mrs. Fay moved for approval of the resolution, seconded by Mr. Brown
The motion for approval to adjourn to Executive Session at 8:44 PM was duly made, seconded and affirmatively voted upon by all Council present.
Mrs. Fay provided that action may or may not be taken in Executive Session.
RECONVENING OF
MEETING
Mayor Martin reconvened the meeting at 9:00 PM.
Mrs. Fay stated no action was taken.
ADJOURNMENT
There being no further business, Mr. Brown moved that the meeting be adjourned at
9:01 PM seconded by Mrs. Fay with all members in agreement.
Respectfully submitted,
Katherine E. Burger
CFO/Township Clerk
Next meeting scheduled for: December 28, 2010