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September 1, 2009

CAUCUS: 

Review of regular agenda – Mayor Alexander

REGULAR AGENDA:

Mayor Scott M. Alexander opened the regularly scheduled meeting with a salute to the flag and moment of silence.

He then stated, “In accordance with Section 5 of the Open Public Meetings Act, Chapter 231, P.L. 1975, notice of this meeting was posted on the bulletin board designed for that purpose and notice was mailed to the official newspaper provided by Resolution adopted January 3, 2009”.

Under Roll Call the following council members were present:  Councilmen Tad Fetter and Lee Wentz, Councilwomen Rosemary Fitzgerald, Kathy Lange and Trish Sheilds and Borough Solicitor Robert A. Gleaner, Esq.  Daniel Haggerty and Borough Clerk were absent.

Mayor Alexander, Council President Fetter and Chief Kinkler presented former Captain Marshall Simmons with a plaque and a watch and thanked him for all his hard work and dedication throughout the years, wishing him luck with his retirement.  Marshall thanked the men from the Police Department, his family, wife Kim and his children Andrew and Lauren.  He will miss the residents of the town.

Mayor Alexander and Council President Fetter presented Assistant Fire Chief Frank Lafferty with the Fire Prevention Week Proclamation.  Assistant Chief Lafferty thanked the Governing Body and announced that members of the Fire Department will be visiting every elementary school in town to reinforce good activities and bring new information to the children and hope the information filters up to the parents.

Motion to approve the minutes from 8/18/09 was made by Councilwoman Fitzgerald, seconded by Councilwoman Sheilds. All members present were in favor with the exception of Council President Fetter who abstained due to absence.

The following Committee reports were presented:

Councilwoman Fitzgerald reported for Zoning; report is on file with the Borough Clerk.  Green Initiatives met and are ready to apply for their first grant application with Sustainable NJ and that will be used for the Community Garden.  They are also working on traffic calming initiatives in the borough, a walk to school program and participate in the International Walk to School Day on October 8th.  The county is working on creating a bike path through Haddon Heights, on a county road, and Councilwoman Fitzgerald will be attending those meetings. 

Councilwoman Lange reported for Parks & Recreation.  All five of the youth organizations, junior high and senior high sports teams are active in the Fall which means all of the fields are in use every day of the week and weekends.  The Youth Sports Organization, our School Board Rep. and high school Athletic Director met on August 20th.  The new agreement to use borough fields were distributed, information was shared and brainstorming was held.  One breakthrough was sharing of keys for the different facilities so that the groups have access to the restrooms.  Next meeting will be held November 19th.  A Community Forum will be held on September 17th at 7:00 p.m. in the Mayor’s conference room.  The purpose of this forum is to provide an opportunity for residents of all ages to make suggestions and provide input to the Dept. of Parks and Recs.  Mrs. Lange is currently conducting a survey of bleachers throughout the town to ensure they meet the latest height and safety requirements.  Results from the recent Program Opinion Survey will be provided once we have them collated.  The outside of the Cabin needs to be painted and it will be a volunteer initiative; dates to follow.  The Historic Preservation Commission met August 27th and four applications were heard.  There is nothing to report for Education Consulting at this time.

Councilman Wentz had nothing to report.

Council President Fetter reported that he’s done one preliminary budgetary meeting with the Fire Department as well as discussed capital items.  Departmental notices for the 2010 budget have been distributed and review meetings will be held in the Fall. This year Finance is requesting using zero base budgeting.  Mr. Fetter concluded a lengthy hour long interview with Moody’s, a rating agency on debt per our long term and extending financing.  He was very pleased with the outcome.

Councilwoman Sheilds had nothing to report.

With no further reports to be presented Mayor Alexander called for remarks from the public on New Business agenda items. 

Tom Ottoson – 307 Third Avenue, Terri Chepurny – 1643 Sycamore Street and Stephen Berryhill – 103 White Horse Pike.  These three individuals had a copy of a lawsuit that had been filed by Linda Alexander, the ex-wife of Mayor Alexander.  They indicated that the complaint alleged certain fraudulent actions by Mayor Alexander, Third Federal and Fidelity National Title Insurance Company, and based on those allegations they felt that Mayor Alexander should resign.  They also indicated that they felt that there was a conflict of interest because Borough Solicitor Gleaner was the attorney for Mayor Alexander in that lawsuit.  Solicitor Gleaner advised that there is a Supreme Court opinion confirming that there is no conflict of interest and that the determination of the NJ Supreme Court resolved that issue.  He also indicated that these were only allegations and not established facts, and that Mayor Alexander’s ex-wife was the one who alleged fraud and that in any case the claim of the Mayor’s ex-wife has been settled.  He also indicated that a settlement had been reached with the other parties, pending the execution of the final documents.  Mayor Alexander denied any allegations of fraud but declined further comment.  Councilwoman Fitzgerald commented that she thought it was unfair that this private matter was being brought before the public and this was the reason that it’s difficult to find good people to run for public office.  Councilman Fetter commented on the extensive process involved in bill approval and delineated the number of persons and their titles required to review and approve all borough expenditures. 

OLD BUSINESS:

Public Hearing and Final Adoption of Ordinances 2009:1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320 and 1321.

Ordinance 2009:1313 – Ordinance Making Revisions to Chapter 450

Several residents commented.

Hearing or seeing no further comments from the public, motion to close the public hearing was made by Councilwoman Sheilds, seconded by Council President Fetter.  All members present were in favor.

Motion was made by Councilwoman Fitzgerald to adopt Ordinance 2009:1313, seconded by Council President Fetter.  All members present were in favor with the exception of Councilwoman Sheilds who voted no.

Ordinance 2009:1314 – Bond Ordinance Amending Ordinances 2007:1234 and 2008:1280 of the Borough of Haddon Heights

Hearing or seeing no comments from the public, motion to close the public hearing was made by Council President Fetter, seconded by Councilwoman Sheilds.  All members present were in favor.

Motion was made by Council President Fetter to adopt Ordinance 2009:1314, seconded by Councilwoman Fitzgerald.  Under a roll call vote, all members present were in favor with the exception of Councilman Wentz who voted no.

Solicitor explained that the next four (4) Ordinances were previously passed.  When we sent them for codification there was an ambiguity in the way it was drafted, not in the Ordinances themselves.  The purpose is to clarify, for the codification company, where the information belongs in the Code book.

Ordinance 2009:1315 – Ordinance Regarding the Technical Amendments to the Ordinance Regarding Prior Duties of the Zoning Board of Adjustment

Hearing or seeing no comments from the public, motion to close the public hearing was made by Councilwoman Sheilds, seconded by Councilman Wentz.  All members present were in favor.

Motion was made by Council President Fetter to adopt Ordinance 2009:1315, seconded by Councilwoman Fitzgerald.  All members present were in favor.

Ordinance 2009:1316 – Ordinance Regarding the Technical Amendments to the Ordinance Regarding Display of Obscene Material

Hearing or seeing no comments from the public, motion to close the public hearing was made by Councilwoman Lange, seconded by Councilman Wentz.  All members present were in favor.

Motion was made by Councilwoman Sheilds to adopt Ordinance 2009:1316, seconded by Councilman Wentz.  All members present were in favor.

Ordinance 2009:1317 – Ordinance Amending Chapter 320 to Add an Overnight Parking Permit Process

Annette Castiglione, 210 Fourth Avenue, asked for clarification.  Solicitor explained it is a technical ordinance.

Hearing or seeing no further comments from the public, motion to close the public hearing was made by Councilwoman Sheilds, seconded by Council President Fetter.  All members present were in favor.

Motion was made by Councilwoman Fitzgerald to adopt Ordinance 2009:1317, seconded by Council President Fetter.  All members present were in favor with the exception of Councilwoman Sheilds who voted no.

Ordinance 2009:1318 – Ordinance Amending Chapter 59 to Add Deputy Superintendant of Public Works

Mark Standring, 208 Fourth Avenue, asked for clarification.  Solicitor explained it is a technical ordinance.

Hearing or seeing no further comments from the public, motion to close the public hearing was made by Council President Fetter seconded by Councilwoman Fitzgerald.  All members present were in favor.

Motion was made by Councilwoman Fitzgerald adopt Ordinance 2009:1318, seconded by Councilwoman Lange. All members present were in favor.

Ordinance 2009:1319 – Ordinance Amending Chapter 432 Entitled Tree Protection

Several residents commented and were not in favor of Ordinance 2009:1319.

Hearing or seeing no further comments from the public, motion to close the public hearing was made by Councilman Wentz seconded by Councilwoman Fitzgerald.  All members present were in favor.

Motion was made by Councilwoman Fitzgerald to DISAPPROVE Ordinance 2009:1319, seconded by Councilwoman Sheilds.  Under roll call, all members present were in favor.

Ordinance 2009:1320 – Ordinance Authorizing Further Payments for Inspection Work Related to the King’s Run Project

Barbara Cortese, 325 Third Avenue asked why we are still inspecting if King’s Run is open.  Councilwoman Fitzgerald explained that this is the second half of the work that was performed in the later half of last year.  King’s Run opened this year.  Council President Fetter explained that the previous Council paid the inspectors for the first half under Ordinance 2007:1249; this is a follow up to that.

Hearing or seeing no further comments from the public, motion to close the public hearing was made by Councilwoman Fitzgerald seconded by Council President Fetter.  All members present were in favor.

Motion was made by Councilwoman Fitzgerald to adopt Ordinance 2009:1320, seconded by Council President Fetter.  Under a roll call vote, all members present were in favor with the exception of Councilwoman Sheilds and Councilman Wentz.

Ordinance 2009:1321 – Ordinance Amending Chapter 348 to Add Weed and Plant Growth Requirements

Solicitor explained that the International Property Maintenance Code has already been adopted by Haddon Heights and many other towns.  The town needs to go through section by section.  For some reason this section never had a definition in it; we’re just adding a definition.

Several residents commented.

Hearing or seeing no further comments from the public, motion to close the public hearing was made by Councilwoman Lange seconded by Councilwoman Sheilds.  All members present were in favor.

Motion was made by Councilwoman Sheilds to adopt Ordinance 2009:1321, seconded by Council President Fetter.  All members present were in favor.

NEW BUSINESS:

Introduction of Ordinance 2009:1322.  Public hearing and final adoption scheduled for 7:00pm September 15, 2009.

Ordinance 2009:1322 – Ordinance Regarding the Technical Amendments to Ordinance 2009:1291

Motion was made by Council President Fetter to introduce Ordinance 2009:1322, seconded by Councilwoman Sheilds.  All members present were in favor.

Resolution 2009:168 – Resolution Cancelling Appropriation Balances in the Grant Fund

Motion was made by Councilwoman Fitzgerald to adopt Resolution 2009:168, seconded by Council President Fetter.  All members present were in favor.

Resolution 2009:169 – Resolution Authorizing the Refund of Overpayment from the Tax Title Lien Account
Motion was made by Councilman Wentz to adopt Resolution 2009:169, seconded by Council President Fetter.  All members present were in favor.

Resolution 2009:170 – Resolution Approving One-Day License for Alcohol Consumption (Beer garden – Fall Festival)

Motion was made by Council President Fetter to adopt Resolution 2009:170, seconded by Councilwoman Sheilds.  All members present were in favor.

Resolution 2009:171 – Resolution to Adopt the Year 31 Community Development Grant Agreement

Motion was made by Council President Fetter to adopt Resolution 2009:171, seconded by Councilwoman Lange.  Under a roll call vote, all members present were in favor with the exception of Councilman Wentz who voted no.

Resolution 2009:172 – Resolution Approving One-Day License for Alcohol Consumption (Rotary Club)

Motion was made by Councilwoman Sheilds to adopt Resolution 2009:172, seconded by Council President Fetter.  All members present were in favor.

Resolution 2009:173 – Resolution Approving Change Order #1 for the Historic Railroad Corridor Enhancement Project

Motion was made by Councilwoman Fitzgerald to adopt Resolution 2009:173, seconded by Council President Fetter.  All members present were in favor.

Resolution 2009:174 – Resolution Awarding a Contract to W.J. Gross, Inc. in the Amount of $133,600.00 for the Recreation Cabin Improvements

Motion was made by Council President Fetter to adopt Resolution 2009:174, seconded by Councilwoman Lange.  Under a roll call vote, all members present were in favor with the exception of Councilwoman Sheilds and Councilman Wentz who voted no.

Resolution 2009:175 – Resolution Approving the Bills and Claims for the 1st Half of September

Motion was made by Councilwoman Fitzgerald to adopt Resolution 2009:175, seconded by Councilwoman Lange.  Under a roll call vote, all members present were in favor with the exception of Councilwoman Sheilds and Councilman Wentz who voted no.

Resolution 2009:176 – Resolution Providing for a Meeting Not Open to the Public in Accordance with the Provisions of the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-12. (Matters relating to the Employment Relationship)

Motion was made by Council President Fetter to adopt Resolution 2009:176, seconded by Councilwoman Fitzgerald.  All members present were in favor.

Resolution 2009:177 – Resolution Authorizing Submission of a Grant Application for the Haddon Heights Municipal Drug Alliance in the Amount of $11,574

Motion was made by Councilwoman Sheilds to adopt Resolution 2009:177, seconded by Councilman Wentz.  All members present were in favor.

Resolution 2009:178 – Resolution Authorizing Borough Solicitor to Perform Duties which are Not Covered in His Professional Services Contract (Regarding issues involving COAH requirements and approvals)

Motion was made by Councilwoman Fitzgerald to adopt Resolution 2009:178, seconded by Council President Fetter.  Under a roll call vote, all members present were in favor.

Resolution 2009:179 – Resolution Awarding a Contract to Mall Chevrolet in the Amount of $37,671.00 for the Three Year Lease of a 2010 Chevy Impala for the Police Department

Motion was made by Council President Fetter to adopt Resolution 2009:179, seconded by Councilwoman Sheilds.  Under a roll call vote, all members present were in favor.

 With no further business to come before council, Mayor Alexander opened the meeting for comments and concerns.

Annette Castiglione, 210 Fourth Avenue, commended the Fire and Police Departments for their collaboration with the schools in our borough.  She encourages the Governing Body and School Board to work together to make for a healthy, happy and effective town.

Dave Powell, 303 Fourth Avenue has a problem with trash collection in town. 

Bill Troutman, 1509 Chestnut Avenue also has a problem with trash collection. 

John Rayser, 611 W. High Street, asked for an update on the tennis courts.  Councilwoman Lange advised that the illegal bleachers have been removed.  She and Joe Cramp have not yet met, but they will be discussing tennis court maintenance and repairs.  Mr. Rayser asked about the bill payment process.  Mayor Alexander and Council President Fetter explained the procedure.  The majority of our bills are recurring monthly bills.  Mayor Alexander suggested that as a member of the Citizen’s Advisory Committee, Mr. Rayser should come in and meet with our auditor and CFO and look through our past audit reports.  Mr. Rayser indicated his objection to Mr. Gleaner’s private representation of Mayor Alexander.  He also asked a question about the lease on the Police car. 

Barbara Cortese, 325 Third Avenue, commented on bill payments and process.

Mark Standring, 408 Fourth Avenue, asked if it is possible for King’s Run units to turn into a rental property.  Mayor Council members and Solicitor explained.  Mr. Standring asked the procedure for adding stop signs throughout the town; he would like to see more.  Chief Kinkler explained the process and advised that he has been looking into. Mr. Standring asked Councilwoman Lange to think of a place on the east side of town where we could put a park.  Mr. Standring also commented on Mr. Gleaner’s private representation of Mayor Alexander.

David McGee, 301 Fourth Avenue, commented on agenda availability.

Carolyn DiMedio, 106 Kings Highway commented that the Police Department is such an asset to this community.  Mrs. DiMedio suggests changing the noise ordinance for Sundays.

Barbara Cortese, 325 Third Avenue, advised that someone entered her house two weeks ago while they were home and reminded residents to be aware. 

Paul Swanholm, 1226 Sylvan Drive, asked why the curbs on Sylvan Drive were not addressed and the streets look terrible.  Borough Engineer, Richard Lipko, explained that we were trying to stretch the money available, so they did not do the curbs.  When they do have money available, they will look at the curbs.  Mayor Alexander has already asked Pennoni to speak to the contractor about it.

With no further comments to come before Council, motion was made by Council President Fetter to adjourn into Closed Session, seconded by Councilwoman Fitzgerald.  All members present were in favor.

Closed session: Present were Councilpersons Shields, Wentz, Lange, Fetter and Fitzgerald, Mayor Alexander and Solicitor Gleaner.  Councilman Haggerty was absent.

Discussion ensued concerning the Operations Manager position.  No formal action was taken.

Motion was made by Councilwoman Shields to adjourn the closed session and open the meeting to the public, seconded by Councilman Fetter.  All members present were in favor.

Resolution 2009:180 - Resolution Appointing Marie Holcombe to the Position of Operations Manager.

Motion was made by Councilman Fetter to adopt Resolution 2009:180, seconded by Councilwoman Fitzgerald.  Under a roll call vote, Councilpersons Fetter, Fitzgerald and Lange voted in favor and Councilpersons Shields and Wentz voted against the Resolution. 

Resolution 2009:181 - Resolution Setting Salary of Operations Manager.

Motion was made by Councilman Fetter to adopt Resolution 2009:181, seconded by Councilwoman Lange.  Under a roll call vote, all Councilpersons present voted in favor. 

Motion to adjourn was made by Councilwoman Shields, seconded by Councilwoman Lange.  All members present were in favor.

__________________________________

Marie Holcombe, Deputy Borough Clerk