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February 16, 2010

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 2, 2010”.

Under roll call the following council members were present:  Council President Rosemary Fitzgerald, Councilman Daniel Haggerty, Councilman David McCollum, Councilman Stephen Berryhill and Councilwoman Kathy Lange.  Borough Solicitor Richard A. DeMichele, Jr. was also present.    Councilman Tad Fetter was not present.

Councilwoman Lange made a motion to approve the minutes from 1/19/10.   Motion was seconded by Council President Fitzgerald.  All members were in favor.

Mayor Alexander joined by Council President Fitzgerald and Police Chief Richard Kinkler presented a plaque and watch to Ptl Edward Downs upon his retirement from the Haddon Heights Police Department.  Ptl. Downs was joined by his 2 sons and daughter and received a round of applause from residents in the audience.

The Mayor then presented Certificates of Achievement to the Student Councils of Atlantic Avenue School and 7th Avenue School.  Each group was called up front and took the Oath of Office administered by Mayor Alexander.  Mrs. Jane McGovern, Principal for both elementary schools, thanked the Mayor and Council and said that the parents should be proud because the student council members are chosen by fellow students and they work together to do charity work and fund raisers.  All of the student council members received a well deserved round of applause from the many parents, grandparents and siblings in the audience.

At this point Mayor Alexander and Councilman Haggerty invited Fire Chief Nicholas Scardino to come up front while the Mayor read a Certificate of Appreciation directed to the 22 volunteers who covered the Fire Department during the December and February snow storms.  Each of the volunteers served for 12 hour shifts, sleeping at the Fire House, keeping the vehicles free of snow and ice and being ready to answer any emergency call that might have come in.  The Mayor said he was proud of the volunteers, who under the direction of Chief Scardino ensured the safety of all Haddon Heights residents.  A certificate was prepared for each of the 22 volunteers and will be presented to them personally by Chief Scardino at an upcoming meeting.

The following Committee Reports/Discussions were presented:

Mayor Alexander commended DPW workers for their efforts during the most recent storm, noting he has received many positive comments. 

Regarding the 2009 Budget, Mayor Alexander presented a year-end report covering revenues, fund balance, debt service, tax anticipation notes, emergency appropriations, tax collection rate and rateables.  His full report is attached to these minutes.

Council President Fitzgerald, reporting for Civic Events said she attended a meeting for the “Down by the Station Day” which will focus on the train and freight stations.  She said vendors from Haddon Heights will be there and more information will be forthcoming.

Regarding Independence Day, she said on July 3rd Haddon Heights will hold its parade, baby parade, 5K race and family day activities will be at the park. 

Other activities mentioned by Council President Fitzgerald were, Easter Egg hunt will be held April 3rd, rain or shine and thoughts are being discussed about a Revolutionary War Encampment in the park.

Regarding the Senior Group, she said that there has been a good turnout at lunch meetings being held weekly at local restaurants and that there was President’s Day party held for the seniors at Kings Run.

For Green Initiatives she reported working on ideas for the Community Garden and a walk to school program along with FedEx.

Councilman Haggerty informed council that a recent decision came out in regards to Smith vs. Hudson County interpreting fees for OPRA requests (Open Public Records Act).  The Borough Clerk was asked to compile the actual cost for making a copy and the Borough Solicitor will be reviewing our fee structure for OPRA requests and advice accordingly.   Haggerty then reported that the survey on Municipal Courts performed by New Jersey Professional Management has just come in and he will report on it fully next month. 

He said the Shade Tree Commission met last week and has plans to plant 35 trees in the spring and 35 in the fall and that the plantings will be coordinated by Public Works.

Haggerty then reported on the activities of the Fire Department and EMS for January.  Reports are on file with the Borough Clerk.  Regarding EMS, he said he has been working on a proposed Agreement between the Borough and HHEMS and provided the HHEMS with the Agreement on January 15th and is awaiting their response.  He then read a thank you note he received from a grateful resident for the quick response of EMS during a medical emergency.

Councilman Haggerty then reported on the Sons of Italy lease, explaining that they are meeting in the American Legion Building, did some renovations and now the Borough is working on a formal agreement, which he said he hopes will be ready for council’s review soon.

Lastly, he reported that he received 1 email from a resident who was dissatisfied with the plowing efforts during the first storm in December.  He reported emailing her after the last storm and she was very happy with DPW’s efforts.

Mayor Alexander announced that Councilman Tad Fetter submitted his resignation effective immediately.  He said we knew it was coming after Fetter’s announcement at the January 2nd meeting that he was being transferred to London, England for a 3-year period.  At this point the Mayor asked Solicitor DeMichele what the process was for filling the vacancy.  DeMichele said that the local Republican County Committee has 15 days to submit names to the Mayor and Council and that they have 30 days in which to make a decision on Fetter’s replacement.  He said that hopefully by the March regular meeting a replacement will be ready to step in.

Councilwoman Lange reporting on Recreation Committee matters said that information on the Summer Recreation Program is now on the website and bleachers have been ordered for the ballfields.   She also said she is working on scheduling Haddon Heights Night with the River Sharks.  She said she is working with Council President Fitzgerald on the enactment.  She announced that the next Recreation Committee meeting is scheduled for April 15th at 7:30pm.

She reported attending the Audubon and Haddonfield Board of Education meetings, stating that they were interesting.  She mentioned that Dr. Nancy Hacker, will be leaving her post as Haddon Heights School Superintendent, received a plaque from the School Board and that Dr. Johnson will be filling her spot until a new Superintendent is hired, noting that the recruitment process is underway.  She said the School Board has $900,000 in surplus, which won’t qualify them for State Aid and that they will be using the surplus to “keep the budget at bay”.

Councilwoman Lange reported that the next Historic Preservation meeting is scheduled for February 25th.

Councilman McCollum said that the Governor reported a $2billion shortfall in the State’s Budget and has made a variety of cuts.  McCollum said he reviewed the list of cuts and didn’t see any that would affect the Borough.

Councilman Berryhill reported that the Drug Commission has not held a meeting yet.

He then stated that he has concerns after the last caucus meeting, namely that residents present had trouble hearing what was being said, business was transacted, he felt that the meeting should have been recorded and that no public comments were permitted.  He also said he feels that the Pledge Allegiance and moment of silence should be done.  He then said he received his agenda for this meeting on Sunday evening.  Regarding Project Garnet, Berryhill said he wants a discussion on costs involved at the next caucus meeting.

A discussion, heated at times, ensued between Councilman Berryhill and Mayor Alexander.  Berryhill said that “the Mayor tried to shut down any comments he doesn’t like – and he had to threaten the Clerk” to see copies of RFPs for Solicitor.

OLD BUSINESS:

Public hearing and final adoptions of Ordinances 2010:1331, 1332 and 1334. 

Ordinance 2010:1331 – Ordinance to Create the Position of Municipal Housing Liaison for the Purpose of Administering the Borough of Haddon Heights’ Affordable Housing Program Pursuant to the Fair Housing Act.

Mayor Alexander opened the public hearing on Ordinance 2010:1331.  Audrey DiRenzo asked if the person was compensated for this position.  She was advised by the Mayor that here will be no compensation.  She then asked council, why move ahead with the Governor freezing all COAH actions.  She was advised that this position was required by COAH and at this point we have to comply.

Hearing or seeing no further comments from the public, motion to close the public hearing on Ordinance 2010:1331 was made by Councilwoman Lange, seconded by Council President Fitzgerald.  All present were in favor.

Motion to adopt Ordinance 2010:1331 was made by Council president Fitzgerald, seconded by Councilman Haggerty.  All present were in favor with the exception of Councilman McCollum who voted no.

Ordinance 2010:1332 – An Ordinance Amending Chapter 326 of the Code of the Borough of Haddon Heights entitled Parks and Recreation Areas. 

The Mayor opened the public hearing on Ordinance 2010:1332.  Roni Olizi, 424 3rd Avenue said there was concern about alcohol before this ordinance and she discussed it with the Police Chief.  Council President Fitzgerald said the seniors are in favor of it, but if it doesn’t work out, a change will be made.

Hearing or seeing no further comments, motion to close the public hearing on Ordinance 2010:1332 was made by Councilman Haggerty, seconded by Councilman McCollum.  All members were in favor with the exception of Councilmen Berryhill and McCollum who voted no.

Motion to adopt Ordinance 2010:1332 was made by Councilwoman Lange, seconded by Council President Fitzgerald.  All members were in favor with the exception of Councilmen Berryhill and McCollum who voted no.

Ordinance 2010:1334 - Ordinance Authorizing an Amendment to a Tax Abatement Agreement for Block 37, Lots 3 & 7 and Block 34, Lot 18 in the Borough of Haddon Heights. 

Mayor Alexander opened the public hearing on Ordinance 2010:1334.  Roni Olizi asked council how much the PILOT (Payment In Lieu of Taxes) was for.  She was told by the Mayor that it is for 12% of the revenue.  She asked how many units were involved, he responded 13.

Hearing or seeing no further comments from the public, motion to close the public hearing on Ordinance 2010:1334 was made by Councilwoman Lange, seconded by Councilman Haggerty.  All present were in favor.

Motion to adopt Ordinance 2010:1334 was made by Council President Fitzgerald, seconded by Councilwoman Lange.  All present were in favor.

Motion to bring Resolution 2010:45 back to the table for consideration was made by Council President Fitzgerald, seconded by Councilman Haggerty.  All present were in favor with the exception of Councilman Berryhill and McCollum who voted no.

Resolution 2010:45 – Resolution Approving Fee Structure for Cabin Rentals.  (No fee for Borough-related events.  $25 per hour for social events for residents, $75 per hour for non-residents.  $35 per hour for fee-based events for residents, $105 per hour for non-residents.   Fees retroactive to 1/1/10.

Motion to adopt Resolution 2010:45 was made by Council President Fitzgerald, seconded by Councilwoman Lange.  Upon a roll call vote, Council President Fitzgerald, Councilman Haggerty and Councilwoman Lange voted yes, Councilmen Berryhill and McCollum voted no.

NEW BUSINESS:

Introduction of Ordinances 2010:1335, 1336, 1337, 1338 and 1339.  Public hearings and final adoptions scheduled for 3/16/10 at 7pm.

Ordinance 2010:1335 – Ordinance Fixing and Determining the Salaries, Wages or Compensation to be Paid to the Police Captain for 2010.  ($95,774 for 2010.)

Motion to introduce Ordinance 2010:1335 was made by Council President Fitzgerald, seconded by Councilman Haggerty.  All members present were in favor.

Ordinance 2010:1336 – Ordinance Amending Chapter 100, § 11, 13, 25 and 27 of the Code of the Borough of Haddon Heights.  (Will allow parking on New Jersey Avenue, amends loading zones on 7th Avenue and establishes parking for Borough employees and volunteers.)

Motion to introduce Ordinance 2010:1336 was made by Councilman McCollum, seconded by Council President Fitzgerald.  All members present were in favor.

Ordinance 2010:1337 – An Ordinance Establishing Chapter 152 of the Code of the Borough of Haddon Heights Entitled Borough Buildings, Usage of.  (Sets up definitions for various types of groups.  Effective Retroactive to 1/1/10.)

Motion to introduce Ordinance 2010:1337 was made by Councilman Haggerty, seconded by Councilwoman Lange. A lengthy discussion ensued between council members and the solicitor regarding adding the definition of “resident”.  The outcome was that the ordinance will be amended to include the proper definition of “resident”, with the wording to be provided to the Borough Clerk by the Solicitor.  The original motions to introduce were removed.  Motion to introduce Ordinance 2010:1337, as amended to add the definition of “resident” was made by Council President Fitzgerald, seconded by Councilman Haggerty.  All council members present were in favor with the exception of Councilman Berryhill who voted no.

Ordinance 2010:1338 – Ordinance Amending Chapter 213 of the Code of the Borough of Haddon Heights Entitled Fees.  (Sets fees for cabin usage per Resolution 2010:45 effective retroactive to 1/1/10.)

Motion to introduce Ordinance 2010:1338, as amended to include the definition of “resident” was made by Councilman Berryhill, seconded by Councilman McCollum. Upon a roll call vote, Council President Fitzgerald, Councilman Haggerty and Councilwoman Lange voted yes, Councilmen Berryhill and McCollum voted no.

Ordinance 2010:1339 - Ordinance Amending Chapter 213 of the Code of the Borough of Haddon Heights Entitled Fees. (Set fees for Recreation Programs and Summer Youth Programs.

Motion to introduce Ordinance 2010:1339 was made by Council President Fitzgerald, seconded by Councilman Haggerty.  All members were in favor.

Resolution 2010:51 – Resolution Expressing Support for the Delaware River Port Authority Police Officers.

Motion to adopt Resolution 2010:51 was made by Councilman McCollum, seconded by Councilman Haggerty.  Council President Fitzgerald said there were grammatical errors on the resolution which must be corrected.  Corrections were noted by the Borough Clerk and changes made.  All members were in favor.

Resolution 2010:53– Resolution Authorizing Payment of Bills and Claims for February.

Motion to adopt Resolution 2010:53 was made by Council President Fitzgerald, seconded by Councilman Haggerty.        Under a roll call vote all were in favor.  Councilman Haggerty abstained in regards to payments to Courier Post due to a conflict.

Resolution 2010:54 – Resolution Relieving the Tax Collector of Collecting Balances Under $10.00.

Motion to adopt Resolution 2010:54 was made by Councilman McCollum, seconded by Council President Fitzgerald.  All were in favor.

Resolution 2010:55 – Resolution Approving Change Order #3 for the Historic Railroad Corridor Enhancement Project.  (+$3,985 to modify banner poles to comply with PSE&G requirements.)

Motion to adopt Resolution 2010:55 was made by Council President Fitzgerald, seconded by Councilman Haggerty.  Under a roll call vote all members present voted yes.

Resolution 2010:56 – Resolution Approving Change Order #2 for Services Operations Center and Community Center.  (+$6,000 to contract for various items which were not known at the time specifications were written.)

Motion to adopt Resolution 2010:56 was made by Council President Fitzgerald, seconded by Councilman McCollum.  Under roll call Council President Fitzgerald, Councilman Haggerty and Councilwoman Lange voted yes, Councilmen McCollum and Berryhill voted no.

Resolution 2010:60 – Resolution Approving Transfer of CDBG Funds.  (CDBG money in the amount of $67,369.94 from FY 2007 and 2008 will be transferred from Barrier Removal to renovations to the Senior Center.  A public hearing was held October 6, 2009 and this is the final step to have the funds transferred by HUD.)

Motion to adopt Resolution 2010:60 was made by Councilman Haggerty seconded by Council President Fitzgerald.  Council President Fitzgerald, Councilman Haggerty and Councilwoman Lange were in favor, Councilman McCollum voted no and Councilman Berryhill abstained from voting.

Resolution 2010:61 – Resolution Authorizing Transfers of Appropriation Reserves.  ($29,500.)

Motion to adopt Resolution 2010:61 was made by Council President Fitzgerald, seconded by Councilman Haggerty.  Under roll call Council President Fitzgerald, Councilman Haggerty and Councilwoman Lange voted yes, Councilmen McCollum and Berryhill abstained from voting.

Resolution 2010:62 – Resolution Amending Temporary Budget.

Motion to adopt Resolution 2010:62 was made by Council President Fitzgerald, seconded by Councilman McCollum.  Under a roll call vote all members present voted yes.

Resolution 2010: 63   - Resolution Authorizing a Closed Session for the Discussion of Litigation. 

Motion to adopt Resolution 2010:63 was made by Council President Fitzgerald, seconded by Councilman Haggerty.  All were in favor.

With no further business to come before council, Mayor Alexander opened the meeting to the public at which time the following residents came forward:

John Rayser, W. High Street, said he agrees with Councilman Berryhill’s comments regarding the February 2nd caucus meeting.  Mr. Rayser then asked about insurance for alcohol at the cabin.  Discussion followed regarding this matter between Mr. Rayser and Councilman Haggerty along with other council members.  Mr. Rayser then asked about the barrels in front and of the Post Office and wondered if they had anything to do with Resolution 2010:55.  He was told yes.  He then asked if the $6,000.90 was inside the grant.  He was told by the Borough Engineer that, yes the amount was covered by the grant.

Roni Olizi, 424 3rd Avenue said she also agreed with Councilman Berryhill on the last caucus meeting.  She said the public should be allowed to speak.  The Solicitor confirmed and said he spoke with the Mayor.  Mrs. Olizi said that there have been many changes in the past 2 years and people are confused.  Councilman Berryhill said he agreed with her.  Mrs. Olizi then said that  she has know Joan (Moreland, Borough Clerk) for many years and knows that she does an  exemplary  job.  Councilman Berryhill said it is not fair that Joan was here 2 Saturdays.  He said he wants deadline for items on agendas and to have more time.  Regarding the resolution on the cabin (2010:45), Mrs. Olizi asked, “How did it get rented with no rules or fees set up”.  Councilman Haggerty said he thought it was a good idea.  Regarding council – he said he thought having caucus meetings was a good idea, saying that ordinances should be discussed at caucus, then formally introduce at regular meeting.  Mrs. Olizi said she was not happy about not being able to speak and said that she feels the public is being left out.  Discussion between Mrs. Olizi and council members ensued.  It was then when the Mayor noticed that the public comment portion regarding new business items was mistakenly skipped and he apologized for the error.

Bill Troutman, Chestnut Avenue gave compliments on the recent snow plowing efforts of the DPW crew.  He then said he liked the idea of a caucus meeting, but would like to have spoken about the census and noted he had a problem hearing what was being discussed by council members.  He then said he would like to see a 4-way stop at the intersection of 10th Avenue and Green Street.  Lastly, Mr. Troutman said formal action should not be taken at caucus meetings. 

Trish Sheilds, 206 8th Avenue, said in reference to comment made by Council President Fitzgerald regarding caucus meetings when Beth Ann Haven was Mayor, Sheilds said that was a decision of 7 people, not 1.

David McGee, 1st Avenue said that during the caucus meeting, Joan was taking notes and there was no tape.  He also said that closed sessions should also be taped.

With no further comments to come before council, motion to close the public portion was made by Councilman Berryhill, seconded by Councilman Haggerty.  All present were in favor.

At this point, the Mayor, Council members, with the exception of Councilman McCollum who was not feeling well, Solicitor, Borough Clerk and Deputy Borough Clerk went into closed session to discuss a legal matter.  No formal action was taken at this time.

Motion to open the meeting to the public was made by Councilman Haggerty, seconded by Councilman Berryhill.  All present were in favor.

No further business was conducted and a motion to adjourn was made by Councilman Haggerty, seconded by Council President Fitzgerald.  All members present were in favor.

___________________________________________10:30PM

Joan D. Moreland, Borough Clerk