September 18, 2007 Minutes

September 18, 2007

Council President Trish Sheilds opened the regularly scheduled meeting with a salute to the flag and moment of silence.

She 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, 2007”.

Under Roll Call the following council members were present: Councilmen Wentz, Shopp, Ottoson and Witzig and Council President Sheilds. Borough Solicitor John B. Kearney was also present. Mayor Haven and Councilwoman Cortese were absent.

Motion to approve the minutes from 6/6/07 was made by Councilman Wentz, seconded by Councilman Ottoson. All were in favor with the exception of Council President Sheilds and Councilman Shopp who both abstained from voting.

Motion to approve the minutes from 8/21/07 was made by Councilman Ottoson, seconded by Councilman Witzig. All members present voted yes.

Motion to approve the minutes from 9/4/07 was made by Councilman Witzig, seconded by Councilman Wentz. All members present voted yes.

Motion to approve the minutes from 9/11/07 was made by Councilman Wentz, seconded by Councilman Ottoson. Councilmen Wentz, Ship and Ottoson and Council President Sheilds voted yes. Councilman Witzig abstained from voting.

Council President Sheilds presented certificates of Recognition to members of the Shade Tree Commission, Senior Citizens Commission, Environmental Commission and 4^th of July Committee. She thanked all of them for their volunteer efforts on behalf of the residents of Haddon Heights. All received a round of applause.

Council President Sheilds read a proclamation proclaiming September 17 through 23, 2007 as National Constitutional Week.

At this point in the meeting, Borough Engineer Todd Day, of Remington & Vernick presented a report of the recent Station Flood Study. After advising Council and the public of the extent of the study and the areas it covered, He said that the existing storm system is undersized for “even a 25-year storm”. He further explained that State, County and Borough roads are involved. Mr. Day suggested 3 options for Council’s consideration: 1) that he submits the findings to the County to see if money could be allocated for improvements. 2) Installation pipes under the railroad at an estimated cost of $100,000. 3) Installation of underground retention areas. No estimate for this option was given.

At this point, Mr. Day asked if Council or the public had any questions or comments on the survey.

Mr. Troutman said part of the problem is where water drains down from Route 295. Mr. Day said that could be discussed with State officials. Mrs. Tredennick asked what would happen if option 3 was done and did not work? Mr. Day said is should work, but if a 100-year storm occurs, “all bets are off”. Mr. Cotler asked about Lippincott and Kings Highway, stating they always get water in the yards, even though he cleans off the storm drain. Mr. George Manlove asked Mr. Day if the existing sewer system could be “rotor rooted”. He was told that the sewer system is not the problem, it is the storm drains. Mrs. Roni Olizi suggested that since the problem starts at 3^rd Avenue, to install a retention pond at 3^rd Avenue where Haddonfield, Haddon Township and Haddon Heights meet and then require residents to use impervious material when redoing their driveways, walks, etc. There were no further comments on the Station Avenue Flooding Study.

Council President Sheilds asked Borough Clerk, Joan Moreland to report on bids received on 9/11/07 for the purchase of a 3-Yard Dump Truck with Plow. The bid report was as follows:

9 sets of specifications were distributed, 3 sealed bids were received and were as follows:

Barlow Chevrolet, Inc. $46,202 Package was complete

Holman Truck Center $49,788 Package was complete

Schwartz Trucking $53,565 Did not include required Bid Bond

The following Committee Reports were presented:

Councilman Lee Wentz, reporting for the Drug Commission, said the Commission is gearing up for a new cycle.

Councilman Thomas Ottoson, reporting for Public Safety announced that Police Chief Ronald Shute is retiring with December 1^st being his last day on the payroll. He announced that Sgt. Richard Kinkler is being named Acting Police Chief. Ottoson advised the public that instructions are being formatted to hire a new Chief. He also said the Police contract will be discussed tonight in a closed session. Ottoson announced that 2 police vehicles will be in the upcoming public auction. Regarding the Fire Department, Ottoson said that more volunteers are needed due to the fact that our Fire Department is responding to more calls. Lastly, Ottoson announced that raffle tickets for the Hero Scholarship will be sold through the Fire Department.

Council President Trish Sheilds reporting for Finance announced that Borough Department’s 2008 budgets are due on October 26. She also reported attending a budget seminar with our Treasurer, Ernie Merlino. She informed the public that the final tax rate is $2.569 per $100, which reflects a 4 cent decrease from last year. Reporting for Parks and Recreation, Sheilds reported that the results of the remediation study on the old landfill area will be presented at the October 2^nd caucus meeting. She announced that the Soccer Club is now doing background checks for volunteers and that the Police Department is waiving the normal $36 fee.

With no further reports to be made, Council President Sheilds opened the meeting to the public for remarks from the public on agenda items.

David Ragonese, 603 Sycamore Terrace said he liked Ordinance 2007:1242 regarding “Pay to Play” and felt that the $500 limit was low, but noted it was “a bold move”. He suggested closing a loophole he found that would allow “wheeling” (donation to another political group other than the County – money would then be filtered down to Camden County political groups). He handed out his suggestions for the change to Section 1A. Council President Sheilds thanked him and said they would take his comments under advisement. At this point, all council members present agreed to remove 2007:1242 from the agenda until it could be looked into further.

OLD BUSINESS:

Public hearings and final adoptions of Ordinances 2007:1236, 1237, 1238, 1240, and 1241.

Ordinance 2007:1236 – An Ordinance Amending Chapter 116 Entitled Alcoholic Beverages of the Code of the Borough of Haddon Heights Regarding Underage Consumption.

Hearing or seeing no comments on Ordinance 2007:1236, motion to close the public hearing was made by Councilman Wentz, seconded by Councilman Shopp. All present were in favor. Motion to adopt was made by Councilman Wentz, seconded by Councilman Ottoson. All members present were in favor.

Ordinance 2007:1237 – An Ordinance Amending Chapter 100 of the Code of the Borough of Haddon Heights Entitled Vehicles and Traffic. (Adds 3 handicapped parking spots and clarifies some of the signage around Glenview Avenue School).

Hearing or seeing no comments on Ordinance 2007:1237, motion to close the public hearing was made by Councilman Shopp, seconded by Councilman Wentz. All present were in favor. Motion to adopt was made by Councilman Ottoson, seconded by Councilman Shopp. All present were in favor.

Ordinance 2007:1238 – The Flood Damage Prevention Ordinance.

Solicitor John Kearney explained that DEP is mandating that all towns adopt a Flood Damage Prevention Ordinance that would not allow construction in a flood prone area.

Hearing or seeing no comments on Ordinance 2007:1238, motion to close the public hearing was made by Councilman Witzig, seconded by Councilman Wentz. All present were in favor. Motion to adopt was made by Councilman Shopp, seconded by Councilman Wentz. All present were in favor.

Ordinance 2007:1240 – Ordinance of the Borough of Haddon Heights, County of Camden, New Jersey Canceling Certain Unfunded Appropriation Balances Heretofore Provided for Capital Improvements and Reappropriating Such Unfunded Appropriation Balances for Other Capital Projects. (Allows balance from completed capital project to be used for road work in the amount of $60,000).

Hearing or seeing no comments on Ordinance 2007:1240, motion to close the public hearing was made by Councilman Shopp, seconded by Councilman Ottoson. All present were in favor. Motion to adopt was made by Councilman Ottoson, seconded by Councilman Shopp. Under roll call all present were in favor.

Ordinance 2007:1241 – Ordinance of the Borough of Haddon Heights, County of Camden, New Jersey Canceling Certain Unfunded Appropriation Balances Heretofore Provided for Capital Improvements and Reappropriating Such Unfunded Appropriation Balances for Other Capital Projects. (Allows balance from completed capital project to be used for signs for DPW).

Hearing or seeing no comments on Ordinance 2007:1241, motion to close the public hearing was made by Councilman Ottoson, seconded by Councilman Shopp. All present were in favor. Motion to adopt was made by Councilman Ottoson, seconded by Councilman Shopp. Under roll call all present were in favor.

NEW BUSINESS:

Introduction of Ordinances 2007:1239, 1243 and 1244. Public hearings and final adoptions to be held on October 16, 2007, 7:00pm at the Municipal Building.

Ordinance 2007:1239 – An Ordinance Fixing and Determining the Salaries, Wages or compensation to be Paid to the Non-contracted Employees of the Borough of Haddon Heights for the Year 2007. (2.5% increase provided to everyone but the Police who are covered by a separate contract).

Motion to amend Ordinance 2007:1239, removing the 2.5% increase for the Assessor from the ordinance, was made by Councilman Witzig, seconded by Councilman Ottoson. All present voted yes.

Motion to introduce as amended (removing the 2.5% increase for the Assessor from the ordinance) was made by Councilman Shopp, seconded by Councilman Ottoson. All present voted yes.

Ordinance 2007:1243 – An Ordinance Adopt the Redevelopment Plan for Block 37, Lots 3 & 7 and Block 34, Lot 18. (Ordinance to be provided by Solicitor).

Motion to introduce Ordinance 2007:1243 was made by Councilman Shopp, seconded by Councilman Ottoson. All present were in favor.

Ordinance 2007:1244 – An ordinance Establishing a Tax Abatement for Block 37, Lots 3 & 7 and Block 34, Lot 18. (Ordinance to be provided by Solicitor).

Motion to introduce Ordinance 1244 was made by Councilman Shopp, seconded by Councilman Wentz. All present were in favor.

Resolution 2007:131 – Resolution Authorizing the Refund of Tax Overpayments. (Overpayment was the result of refinancing, sale of property or duplicate payment. $2,454.51, Block 34 Lot 6, Gary J. & Sandra L. Grigioni).

Motion to adopt Resolution 2007:131 was made by Councilman Witzig, seconded by Councilman Shopp. Upon roll call all present voted yes.

Resolution 2007:132 – Resolution Canceling an Outstanding Check.

Motion to adopt Resolution 2007:132 was made by Councilman Wentz, seconded by Councilman Ottoson. Upon roll call all present voted yes.

Resolution 2007:134 – Resolution Approving Raffle License for Camden County Hero Scholarship Fund. (Haddon Heights Fire Department will be sponsoring the sale of tickets on behalf of the Hero Scholarship Fund).

Motion to adopt Resolution 2007:134 was made by Councilman Witzig, seconded by Councilman Ottoson. All present were in favor.

Resolution 2007:135 – Resolution Canceling Reserves. (Money left in various Zoning, Planning and Street Opening escrow accounts. Applicants were given written notice that a refundable portion was available to them – no response was received. After reasonable efforts and time to refund the existing balances have been exhausted, the funds totaling $ 2,067 will be transferred to the Current Fund as miscellaneous revenue not anticipated (MRNA)).

Motion to adopt Resolution 2007:135 was made by Councilman Ottoson, seconded by Councilman Witzig. Upon roll call all present voted yes.

Resolution 2007:136 – Resolution Awarding a Contract to Barlow Chevrolet, Inc. in the Amount of $46,202 for the Purchase of a 3-Yd. Dump Truck with Plow. (Bids were received by the Borough Clerk on 9/11/07. The contract is being awarded to the apparent lowest, most qualified bidder in accordance with the Local Purchasing Law).

Motion to adopt Resolution 2007:136 was made by Councilman Ottoson, seconded by Councilman Shopp. Under roll call all present voted yes.

Resolution 2007:137 – Resolution Appointing Gregory McAdams to the Planning Board to Fill an Unexpired Term. (Mrs. JoAnne McLaughlin is retiring and Mr. McAdams is being appointed to fill her term expiring 12/31/08).

Motion to adopt Resolution 2007:137 was made by Councilman Shopp, seconded by Councilman Ottoson. All present were in favor. At this point, Mr. McAdams was sworn into office by Council President Sheilds.

Resolution 2007:138 – Resolution to Adopt the Year 29 Community Development Grant Agreement. (Grant is for $36,010 to be used for curb cuts throughout the town and the removal of architectural barriers).

Motion to adopt Resolution 2007:138 was made by Councilman Ottoson, seconded by Councilman Shopp. Under roll call all present voted yes.

Resolution 2007:139 – Resolution Authorizing Payment of Bills and Claims for September.

Two items were removed from the payment list before adoption with the council members present concurring ($210-Nicholas and $237-Bollino). Motion to adopt Resolution 2007:139 with the two (2) items removed, was made by Councilman Shopp, seconded by Councilman Ottoson. Under roll call all present voted yes.

Resolution 2007:140 – Resolution Authorizing the Sale of Public Property by Means of a Public Auction. (42 items, mostly older computers and printers as well as a 1975 American LaFrance ladder truck will be sold at a public auction to be held on Saturday, October 13^th at Noon. Items may be reviewed on 10/13/07 from 10am – Noon. Items are sold “as is”, no personal checks will be accepted (cash or certified checks only)). There may be items added to the actual list of items for sale.

Motion to Adopt Resolution 2007:140 was made by Councilman Ottoson, seconded by Councilman Shopp. Under roll call all present voted yes.

With no further business to come before Council, Council President Sheilds opened the meeting to the public for comments and concerns.

Jennifer Hampton, 415 3^rd Avenue presented council with a proposal for council to get an independent appraisal done, splitting the cost with the Homeowner Association. Council President Sheilds asked if she had an estimate. Ms. Hampton said the cost is not available at this time. She said she was proposing a “blind study” of 10-20 homes. Councilman Ottoson asked her what happens when it is done. Hampton stated that if the numbers are in line – then reval was fair; if not in line, then council has to correct the amounts on all properties. A discussion followed. Councilman Shopp suggested forming a task force to look into the matter further.

Bernie DelGuidice, 510 3^rd Avenue asked a few questions: 1) To Solicitor John Kearney, regarding the DeMartini redevelopment he asked, “12% of the adjusted gross rent goes to Borough, why? Kearney said it was an incentive for financing. 2) He said comparison sales in his area sold for less than assessment and he will appeal in January. He said his whole block will be appealing as a mass appeal which can be done through the County. Councilman Shopp said that the market has really changed and mistakes were made. 3) DeGuidce said the “no-bid” contract really disturbs him, noting council spent more time on a truck bid than on a revaluation contractor, which, he believes, was poor ethical conduct.

Terry Chepurny, 1643 Sycamore Street suggested pursuing PPA’s errors and omissions policy since the errors were created by them. FLASH

Ricki Roberts said the Homeowner Association will be paying. She also noted that there are more documents that will be requested, noting she “did not get everything”.

Paul Bauman, 2012 New Jersey advised council that he has a problem with the neighbor across from CVS putting trash cans and cars on the sidewalk. Councilman Shopp said he will be meeting with the Zoning Officer tomorrow and will advise him of the situation.

Bill Lange, 26 1^st Avenue asked Kearney if the 2 ordinances regarding the DeMartini property did not pass, would they still go “affordable”. Kearney said yes. Mr. Lange said they are already advertising and Kearney explained that they have to have a sale plan as part of the redevelopment plan. He also advised everyone that the plan went through the Planning Board, and further explained that 22% of each unit goes to the Borough, approximately $19,300 and nothing goes to the County or School.

Roni Olizi, 424 3^rd Avenue asked about the salary increase for Judy Bitner and decrease for the Police Chief. Council President Sheilds said that Ms. Bitner’s Department Head has requested an increase for several years due to the responsibilities she has taken on. Olizi asked why Resolution 2007:141 was taken off the agenda? She was advised that we cannot do it now, but will be able to put the money from the sale in the budget for next year. Olizi said she appreciated the recognition of the Shade Tree Commission, but finds it ironic that no money is in the budget for the purchase of trees. She said that council has to plan ahead to replace old trees and asked that they please put money in the budget for replacement trees. Councilman Shopp asked Olizi if the Commission has a vision plan. She said they do, and are in the process of doing a survey of all the trees.

Mrs. DiRenzo, 415 2^nd Avenue asked about the pay for Acting Chief. She also asked why the lines for crosswalks are painted by hand. She advised council that there was a 30 person fight in her front yard where a girl was hurt; she said police responded and noted that traffic is really bad in the school area.

With no further comments to be made, Council President Sheilds said that council will be going into a closed session for the discussion of personnel and that council may or may not come back to an open session for action.

Motion to close the meeting to the public was made by Councilman Ottoson, seconded by Councilman Witzig. All present were in favor. (9:00pm)

The closed meeting was opened to the public at approximately 9:55pm with a motion by Council President Sheilds, second by Councilman Witzig. All present were in favor.

Motion to introduce Ordinance 2007:1245, by title only, to Amend the Code to Provide for Acting Titles was made by Councilman Wentz, seconded by Councilman Ottoson. All members present were in favor.

Public hearing and final adoption will be held on October 16, 2007.

Motion to adjourn was made by Councilman Wentz, seconded by Councilman Witzig. All present were in favor.

________________________________________10:00pm

Joan D. Moreland, Borough Clerk