TOWNSHIP OF PEMBERTON REGULAR MEETING. February 15, :30 P.M.

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1 TOWNSHIP OF PEMBERTON REGULAR MEETING February 15, :30 P.M. FLAG SALUTE Council President Cartier led the assembly in the Pledge of Allegiance, announced that notice of the meeting was given in accordance with the Open Public Meetings Act, and followed by roll call. ROLL CALL PRESENT Donovan Gardner Letha Jackson Jason Allen Kenneth Cartier ABSENT Norma Trueblood Also present: Mayor David Patriarca, Solicitor Andrew Bayer and Township Clerk Amy P. Cosnoski. CALL TO ORDER Council President Allen called the meeting to order at approximately 6:30 p.m. CLOSED SESSION Authorizes Council to go into Closed Session Bartholomew v. Pemberton Township Motion by Allen and Jackson to adopt Resolution Allen, yes; Jackson, yes; Gardner, yes; Cartier, yes. Motion carried. Council recessed open session to go into closed session and reconvened open session at approximately 6:50 p.m. Council President Cartier advised that there would be formal action pursuant to Closed Session. Noted that 3 Resolutions would need to be added to the consent agenda Authorizes the purchase of Hot Mix Asphalt from American Asphalt Company, Inc. in an amount not to exceed $20, under Burlington County Cooperative Contract No. 4-BUCCP Motion by Allen and Jackson to add Resolution to the Consent Agenda. Allen, yes; Jackson, yes; Gardner, yes; Cartier, yes. Motion carried Authorizes the purchase of Hot Mix Asphalt from American Asphalt Company, Inc. in an amount not to exceed $130, under Burlington County Contract No. 4-BUCCP Motion by Jackson, and Gardner to add Resolution to the Consent Agenda. Jackson, yes; Gardner, yes; Allen, yes; Cartier, yes. Motion carried Authorizes settlement for the Workers Compensation claim entitled Cristal Bartholomew v. Township of Pemberton and authorizes the Mayor to execute any documents necessary to effectuate the terms of the settlement. Motion by Jackson and Allen to add Resolution to the Consent Agenda. Jackson, yes; Allen, yes; Gardner, yes; Cartier, yes. Motion carried. OTHER RESOLUTIONS Recognition of Dedication of Public Service by Ptl. Andre Byrd. Council President Cartier read the Resolution into the record. Advised that Ptl. Byrd could not be in attendance as he had a prior commitment. Noted that Council extended their heartfelt thanks for his service to the Township and wish him well in his retirement.

2 Motion by Jackson and Gardner to adopt Resolution Jackson, yes; Gardner, yes; Allen, yes; Cartier, yes. Motion carried. PUBLIC COMMENTS Council President Cartier opened the meeting up to general public comments. Anne Quinn, Country Lakes - 1. Questioned Resolutions and and asked if this was for our roads and if a bond was done for this money. Mr. Gonzalez advised that the asphalt is for the Road Program and that the Resolution for the $20, was from an existing certification for existing funds and there is no additional costs to the last budget or the current budget. Added that the $130, Resolution is contingent upon adoption of the budget and does not go into effect until the CFO certifies that the funds are available in the adopted 2017 Budget. 2. Questioned Resolution and asked about the last meetings mention of taking Danitom to court for non-payment. Mr. Gonzalez advised that we have filed a lawsuit in Superior Court and that in-between that and today Mr. Critelli agreed to certain changes to the agreement. Noted that the lawsuit remains in place until the 4th amendment is signed and then the lawsuit will be dismissed. Commented that Mr. Critelli has a short time to comply and the changes are in the language in the contract in absolute terms to when things have to get done and then advised on those changes. A discussion ensued on the changes. Ms. Quinn questioned what the time frame was for Mr. Critelli to pay the Township. Mr. Gonzalez gave the outline of the payment plan being 3 installment payments to include $250, at closing, another $270, and then one year after closing the Township will be due $390, and then an equal amount a year after that and then $1, per lot. Mayor Patriarca added that there is no obligation for Mr. Critelli to build houses but rather to get the plans done and get the payments to the Township and further explained the scope of the project. 3. Questioned Resolution and if we are putting funds into this as Meals on Wheels is a County program. Mr. Gonzalez advised that this is not Meals on Wheels but rather the Senior Center Meals Program. Mayor Patriarca advised this is still funded by the County Grant but that they require the Township to ask for the donation. 4. Questioned Resolution and asked for an explanation. Mr. Gonzalez advised that this was an application for funds for the Volunteer Fire Company to train new recruits and to recruit additional members for the Fire Company. Councilman Allen added that was in addition to equipment maintenance. Ms. Quinn asked if the Township doesn't already pay for training when someone initially comes on board. Mr. Gonzalez advised that this was an opportunity to get another Government entity to pay for training rather than having to put it into our own budget. Ms. Quinn asked what the range was for the grant. Mr. Gonzalez believed it to be between $100, and $125, dollars. 5. Questioned where the budget stands right now. Council President Cartier noted that it was presented to Council last Friday. Ms. Quinn noted that the last she checked it had not been posted to the Township website. Mr. Gonzalez advised that it typically is not put on the website until Council receives it and has an opportunity to determine when they will introduce. Ms. Quinn asked for it to be put up immediately for taxpayer review. Council President Cartier advised that it would be posted before any public hearings are held. Ms. Cosnoski advised that it will be available at the Library and a summary will be in the paper. 6. Questioned Resolution and who the Professional Planners were. Council President Cartier gave the names. It was noted that it is a pool of Planners. 7. Ms. Quinn commented that at the last meeting the Mayor had noted there were plans sent to a developer for the old Presidential Lakes Firehouse and asked where things are at this point. Mayor Patriarca advised that they are working with the Engineers to do some work on the property along with some remediation work that is being done. Stated that the company is working on numbers for us and that he did receive an today to get more information from us. Noted they are moving forward with the project and things depend on how the budget goes. Terry Maldonado, Pemberton Township School Board Liaison -1. Asked if the Council could reach out to the County Road Department and have proper crossing for Trenton Road for the students especially since Deborah has started construction. Mayor Patriarca advised that they have reached out to the County and made recommendations and the County has not responded. Mayor Patriarca noted that they have asked the School Board to also put in a letter of request and further explained the issues with the County. Ms. Maldonado stated that the Board has reached out to the County and noted that it is an accident waiting to happen. Mayor Patriarca noted that there have been s and the County says it is the Township s issue but the argument is that it is a County roadway. Mr. Gonzalez noted that the County wants the Township to pay 50% of the cost. Council President Cartier noted that the Clerk would pen a letter to the County and they will have the Solicitor reach out as well. Councilman Allen asked if Ms. Maldonado had any updates on the led testing that was being done by the district. Ms. Maldonado had no idea, but

3 noted she had a meeting tomorrow night and may hear about it then. America Phillips, Presidential Lakes - 1. Asked for an update on the Presidential Lakes Firehouse. Council President Cartier advised that they were going to be removing an oil tank and some remediation would be done in the building as far as the asbestos. Mr. Gonzalez advised that an environmental analysis was needed and the Engineers are doing a topographical report for the builder to come up with the costs. Ms. Phillips asked what will be coming to the building regarding emergency equipment when it is done. Council President Cartier stated that there were no plans yet. Ms. Phillips commented on some of the things people are saying will be there. Commented on needing a building to put the trainees in. Council President Cartier advised that there are 2 Firehouses in town and that there are volunteers. 2. Asked if an ambulance was being used by Public Works. Mayor Patriarca advised that the ambulance being used was a spare to a spare and noted there is a sufficient amount of ambulances to support the EMS Services being provided. 3. Commented that Rhode Island had been paved and some residents got skirts in their driveways and that when Tennessee Trail was paved no one got skirts or drainage and asked why Tennessee had no drainage. Mr. Gonzalez advised that drainage is put where it is needed. A discussion ensued on drainage issues and how it is determined where it goes. 4. Wanted to thank Public Works for the work that they did at Presidential Lakes Park by the beach and they were doing a very nice job. 5. Asked if any lots that went up for auction were in Presidential Lakes. No one had the previous resolution to reference. Troy Fen, Browns Mills - 1. Wanted to comment on a conversation he had at a meeting last Spring regarding a drainage issue with this driveway. Mr. Fen noted he has several conversations with the Mayor, Business Administrator and Public Works and although some work was done, the issue has not been resolved and noted water run off is still undermining the dirt from his driveway which would be a cost to repair. Mr. Fen advised that the Mayor told him he would have to sue to the Township to get the money to repair it. Mayor Patriarca explained his conversations with Mr. Fen and what he was told. Advised that he had told Public Works to get this done and had no knowledge until tonight that this was not done until he came here tonight and noted that he will be meeting with Public Works tomorrow and he will address this. A discussion ensued on the process for filing a tort claim and who makes the decision. Council President Cartier advised that Ms. Cosnoski will a Tort Claim form to Mr. Fen. Councilman Allen asked Administration if Council could get an update once this issue has been resolved. Seeing no other residents wishing to be heard, Council President Cartier closed this portion of the meeting. Consent Agenda: All items listed with an asterisk (*) are considered to be routine by the Township Council and will be enacted by one motion. Should a Council Member wish to discuss a consent agenda item separately, that item can be removed from the consent agenda and considered in its normal sequence on the regular agenda. Councilman Gardner asked to pull Resolution CONSENT AGENDA *CONSENT AGENDA RESOLUTIONS Authorizes various routine refunds Pulled from the Consent Agenda and considered later in the meeting Appoints Professional Planners for CY2017 for General Planning Projects as needed Authorizes the fourth amendment to the Developer's Agreement between Pemberton Township and Danitom Development, Inc Authorizes a CY2017 Shared Services Agreement between the Township of Pemberton and the County of Burlington for the provision of meals to Seniors Authorizes the purchase of Hot Mix Asphalt from American Asphalt Company, Inc. in an amount not to exceed $20, under Burlington County Cooperative Contract No. 4- BUCCP Added to the Agenda Authorizes the purchase of Hot Mix Asphalt from American Asphalt Company, Inc. in an amount not to exceed $130, under Burlington County Contract No. 4-BUCCP Added to the Agenda.

4 Authorizes settlement for the Workers Compensation claim entitled Cristal Bartholomew v. Township of Pemberton and authorizes the Mayor to execute any documents necessary to effectuate the terms of the settlement. Added to the Agenda. NEW BUSINESS *a. Purchases over $2, Recreation Department - Purchase of 4' Multi-Color LED tree panel for existing tree from Rileighs Outdoor Decor in the total amount of $4, Motion by Allen and Jackson to approve the Consent Agenda as amended. Allen, yes; Jackson, yes; Gardner, yes; Cartier, yes. Motion carried. RESOLUTIONS Authorizes cancellation of trust balances to surplus in the total amount of $77, Pulled from the Consent Agenda. Councilman Gardner asked for clarification. Council President Cartier explained that applications were made for construction to be done and no one wants to take ownership of the funds so the money is being transferred to the general account. Councilman Allen added that the Township did make attempts to have someone claim ownership. Motion by Gardner and Jackson to approve Resolution Gardner, yes; Jackson, yes; Allen, yes; Cartier, yes. Motion carried Authorizes submission of application to the Federal Emergency Management Administration (FEMA) for a 'Staffing for Adequate Fire and Emergency Response Grant' for Training Funds. Motion by Allen and Gardner to approve Resolution Allen, yes; Gardner, yes; Jackson, yes; Cartier, abstain. Motion carried. ORDINANCES FOR SECOND READING, PUBLIC HEARING AND/OR ADOPTION Council President Cartier opened the meeting for Public Hearing for Ordinances 2 though 6. Seeing no one wishing to be heard, Council President Cartier closed this portion of the meeting. ORDINANCE NO SALE OF BLOCK 338, LOTS 5 & 6 BY WAY OF QUITCLAIM DEED. Motion by Allen and Jackson to adopt Ordinance Allen, yes; Jackson, yes; Gardner, yes; Cartier, yes. Motion carried. ORDINANCE NO SALE OF BLOCK 153, LOT 33 BY WAY OF QUITCLAIM DEED. Motion by Jackson and Gardner to adopt Ordinance Jackson, yes; Gardner, yes; Allen, yes; Cartier, yes. Motion carried. ORDINANCE NO SALE OF BLOCK 244, LOT 32 BY WAY OF QUITCLAIM DEED. Motion by Gardner and Jackson to adopt Ordinance Gardner, yes; Jackson, yes; Allen, yes; Cartier, yes. Motion carried. ORDINANCE NO SALE OF BLOCK 452, LOT 15 BY WAY OF QUITCLAIM DEED.

5 Motion by Jackson and Gardner to adopt Ordinance Jackson, yes; Gardner, yes; Allen, yes; Cartier, yes. Motion carried. ORDINANCE NO SALE OF BLOCK 121, LOT 42 BY WAY OF QUITCLAIM DEED. Motion by Allen and Jackson to adopt Ordinance Allen, yes; Jackson, yes; Gardner, yes; Cartier, yes. Motion carried. ORDINANCE NO AN ORDINANCE OF THE TOWNSHIP OF PEMBERTON ESTABLISHING SALARIES FOR CERTIN EMPLOYEES AND ELECTED OFFICIALS OF THE TOWNSHIP OF PEMBERTON. Council President Cartier opened the meeting for Public Hearing for Ordinance Seeing no one wishing to be heard, Council President Cartier closed this portion of the meeting. Motion by Allen and Gardner to adopt Ordinance Allen, yes; Gardner, yes; Jackson, yes; Cartier, yes. Motion carried. NEW BUSINESS b. Discussion and possible introduction of 2017 Budget. Council President Cartier asked the Mayor for a brief overview of the budget. Mayor Patriarca gave the figures for the 2017 Budget and the amount of increase of.88 cents, less than a penny. Explained some of the items that were included in the Budget as well as an overview of the debt. Mr. Gonzalez explained the Capital Budget is a plan and they will have to come to Council for authorization to bond for the Firehouse and other items that the Mayor mentioned. Mayor Patriarca noted they have $360, as a cash outlay for cash projects. Council President Cartier advised on the 5-step process and approval of the budget. Noted it is advertised for no less than 10 days before the Public Hearing, there is a Public Hearing and Amendments if required and then adoption. Noted that there are deadlines associated with each. Advised on the deadlines for introduction and adoption. Asked Council if they were any questions. Council did not have any questions at that time. Motion by Jackson and Allen to Introduce the Budget as presented by the Mayor with a Public Hearing to be held on March 15, Jackson, yes; Allen, yes; Gardner, yes; Cartier, yes. Motion carried. Ms. Cosnoski advised that she will need a summary from the Auditor before she can send it to the paper. Mr. Gonzalez advised that they will need the summary and to establish a Public Hearing which needs to be at least 28 days from this day, but that Council can have work sessions between now and then. Mr. Gonzalez advised on the process of what will occur with the Budget and if changes are made. Council President Cartier asked that the Public Hearing be scheduled for March 15th which is exactly 28 days. A discussion ensued on potential Budget Workshop dates. It was noted that we should have the summary in the next couple days from the Auditor and that the Budget and Budget detail would be on the website as well. It was noted the dates would be March 1st at 5:00 p.m. before the Council Meeting and March 9th at 6:00 p.m. if needed. c. Approval by Council of PTMUA s Auditor Contract. Ms. Cosnoski advised that the Auditor for the MUA retired as of December 31st so they are now contracting with Brent Lee individually and it was her understanding that the contract only went through the 31st of January so it is already over but Council had to approve professional contracts for the MUA. Ms. Cosnoski noted that it is legal for them to be the Auditor as he is a CPA and does not need his RMA for MUA purposes. Motion by Jackson and Allen to approve the appointment of the PTMUA Auditor. Jackson, yes; Allen, yes; Gardner, yes; Cartier, yes. Motion carried. REPORTS & COMMUNICATIONS a. Engineer's Report

6 Council President Cartier asked if Council had any questions and Council had none. BILL LIST Approval by Council required for payment of vouchers on bill list dated 2/9/2017. Motion by Allen and Gardner to approve the Bill List. Allen, yes; Gardner, yes; Jackson, yes; Cartier, yes with the exception of any Fire Department bills to which he abstains. Motion carried. SOLICITOR'S REPORT: Mr. Bayer reported: Nothing to report. MAYOR'S AND/OR BUSINESS ADMINISTRATOR'S REPORT: Mayor Patriarca reported: Noted that the Township is still paving and they milled another portion of Rhode Island. Stated the goal is to get Rhode Island Road done. Mr. Gonzalez noted that the reason they had to add the resolutions at the last minute tonight was because we are still able to pave. Council President Cartier asked if these cooler temperatures affect the asphalt. Mayor Patriarca explained the plants are still open and they are opening another one and they wouldn't keep the plant open if they couldn't pave. COMMENTS BY COUNCIL MEMBERS: Councilwoman Jackson - Thanked everyone for coming out. Hoped everyone has a good week and will see everyone at the next meeting. Councilman Gardner - Nothing. Councilman Allen - Thanked all for coming out. Council President Cartier - Asked all to have a safe trip home and thanked all for coming out and for their comments. The meeting was adjourned at approximately 8:11 p.m. Respectfully submitted by, Amy P. Cosnoski Amy P. Cosnoski, RMC, Township Clerk