MINUTES REGULAR COUNCIL MEETING TOWNSHIP OF MONROE JANUARY 27, 2009

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1 A.) OPENING CEREMONIES CALL TO ORDER The Regular Council Meeting of the Township of Monroe was called to order at approximately 8:00 PM by Cncl. Pres., Ron Garbowski in the Court Room of the Municipal Complex located at 125 Virginia Avenue, Williamstown, New Jersey. This meeting was advertised pursuant to the New Jersey Open Public Meetings Act (NJSA 10:4-6 thru 10:4-21). Notices were placed in the official publications for Monroe Township (i.e.: Intercounty Newspapers-Plain Dealer Edition, Gloucester County Times and the Courier Post). A copy of that notice is posted on the bulletin board at the Municipal Complex. Cncl. Pres., Ron Garbowski stated the Clerk has placed a sign in sheet at the rear of the Court Room. If anyone would like to address Council during the Public Portion, please sign in and I will ask you to come forward to the microphone. Kindly state your name for the record. SALUTE TO FLAG - INVOCATION Cncl. Frank Caligiuri led the assembly in the Pledge of Allegiance to Our Flag and Business Administrator, Kevin Heydel offered the Invocation. ROLL CALL OF TOWNSHIP OFFICIALS Cncl. Walter Bryson Cncl. Frank Caligiuri Cncl. Marvin Dilks Cncl. Rich DiLucia Cncl. William Sebastian Cncl. Daniel Teefy Cncl. Pres., Ron Garbowski Mayor Michael Gabbianelli Solicitor, Charles Fiore Business Adm., Kevin Heydel Engineer, Chris Rehmann Chief Financial Officer, Jeff Coles Dir. Of Code Enforcement, George Reitz Dir. Of Public Safety, Jim Smart Dir. Of Public Works, V.J. Agnesino Dir. Of Community Affairs, Cassandra Dilks Township Clerk, Susan McCormick PRESENTATION/PROCLAMATION Garaguso Karate Mayor Michael Gabbianelli and Cncl. Pres., Ron Garbowski presented Mike Garaguso with a proclamation in recognition of the 25 th Anniversary of Garaguso Karate & Leadership Academy. Mr. Garaguso extended his appreciation and noted this recognition not only goes to him but to all the families, instructors and members of the community who have been involved with Garaguso Karate over the years. APPROVAL OF Cncl Marvin Dilks made a motion to approve the minutes as submitted of the January 13, 2009 Regular Council Meeting, Council Work Session and Closed Executive Session. The motion was seconded by Cncl. Frank Caligiuri and approved by all members of Council in attendance with the exception of Cncl. Dan Teefy who Abstained. 1

2 B.) CORRESPONDENCE - None C.) RESOLUTIONS SCHEDULED PUBLIC PORTION Cncl. Dan Teefy made a motion to open the Resolutions Scheduled-Public Portion. The motion was seconded by Cncl. Rich DiLucia and unanimously approved by all members of Council in With no one from the public wishing to speak Cncl. Dan Teefy made a motion to Resolutions Scheduled Public Portion. The motion was seconded by Cncl. Marvin Dilks and unanimously approved by all members of Council in R: Resolution Of The Township Council Of The Township Of Monroe Authorizing Participation In The New Jersey Department Of Agriculture Gypsy Moth Control Program Cncl. Frank Caligiuri made a motion to approve Resolution R: The motion was R: Resolution To Make A Change In Custodian Of A Petty Cash Fund For The Township Of Monroe In Gloucester County Police Department Cncl. Rich DiLucia made a motion to approve Resolution R: The motion was seconded by Cncl. Marvin Dilks and unanimously approved by all members of Council in R: Resolution In Support Of A Stimulus Bill That Includes Our Nation s Infrastructure Cncl. Marvin Dilks made a motion to approve Resolution R: The motion was seconded by Cncl. Rich DiLucia and unanimously approved by all members of Council in R: Resolution Adjusting Township Of Monroe Tax Records Cncl. Rich DiLucia made a motion to approve Resolution R: The motion was 2009 R: Resolution Approving The Bill List For The Council Meeting Of January 27, Cncl. Marvin Dilks made a motion to approve Resolution R: The motion was seconded by Cncl. Frank Caligiuri and unanimously approved by all members of Council in R: Resolution Awarding A Contract For Professional Services To Conner Strong Risk Control Services For The Township Of Monroe, County Of Gloucester, State Of New Jersey Cncl. Dan Teefy made a motion to approve Resolution R: The motion was seconded by Cncl. Marvin Dilks and unanimously approved by all members of Council in R: Resolution Authorizing Closed Executive Session Of The Township Council Of The Township Of Monroe Cncl. Rich DiLucia made a motion to approve Resolution R: The motion was 2

3 D.) ORDINANCES - None E.) REPORTS AND OTHER MATTERS Cncl. Frank Caligiuri reported attending the Planning Board Meeting on January 22, 2009 where three applications were heard. The first was a residential lot subdivision, the second was an expansion of an existing business K & G Fencing, which involved a conversion of a single family dwelling into a business office in the RGC Zone and the third was approval of a 21 home subdivision that is principally in the township of Clayton. All services and collection of taxes for that subdivision will be the responsibility of Clayton. Cncl. Rich DiLucia reported attending the School Board Meeting where a number of resolutions were passed. The most significant one dealt with giving employees the option of being reimbursed 25%of the premium costs for health insurance. Cncl. DiLucia also reported attending a Safety Committee Meeting where JIF s Safety Incentive Program was discussed. A representative from the Safety Committee will be making a presentation to Council regarding this program. Mayor Michael Gabbianelli reported administering the Oath of Office to members of Cecil Fire and Ambulance Association on January 16 th and of attending the Inaugural Breakfast for the Rotary Breakfast Club at Anthony and Cleopatra s on January 25 th. He also reported the Library Project is moving along on target, the barrel roof is being constructed, the floor should be installed within the next week, the windows will be installed and the project should be completed sometime in June. He noted Council adopted a Resolution to partner with the State for gypsy moth spraying. Last year 1644 acres were spayed in the Township and this year another 1044 qualify for the program. The township does not choose the areas to be sprayed. The State conducts a survey and provides a list of areas that will be sprayed. The Mayor reported being in contact with Senator Madden, Congressman Andrews and Senator Sweeney regarding projects the township has submitted for consideration for the proposed economic stimulus package. Applications have been submitted for various streets throughout the township but the main priority is the Rt. 322 and Fries Mill Road intersection, as that has been a major concern over the last six years. The County has submitted applications for other areas along Fries Mill Road and is beginning a project on Poplar Street that will include new drainage pipes and resurfacing of the street. Engineer, Chris Rehmann reported the Department of Transportation has approved the design of the Corkery Lane and Malaga Road traffic signal that is associated with the Wal-Mart Project. The County must now approve the design and that should be done by spring. Wal- Mart is covering all costs associated with the construction and engineering of the traffic signal; there will be no cost to the township. Mr. Rehmann reported the Timber Lakes Project is 93% complete. He cautioned that Council may be hearing from some residents in that area, as the Solicitor has sent letters to seven property owners advising them that they must tie in. Mr. Rehmann noted he is going to back off on enforcing the tie in regulations, as this may cause some financial hardship situations due to the current economic situation. Mr. Moore of the MMUA has indicated low interest loans are available to help with this cost in the event people are having financial problems. Mr. Rehmann noted the most difficult part of the project, which is finding the location of the wells in order to seal them off, will begin in March. Mr. Rehmann reported the Hydraulic and Hydrologic Study for the Lower Victory Lakes Dam was submitted to the Department of Environmental Protection in mid December, a number of projects that meet the criteria for the Economic Stimulus Project were given to the Mayor and that he is working with RD Management Group in hopes that the economic stimulus can be started with private money. Mr. Rehmann reported submitting to Cncl. Caligiuri a draft ordinance from Burlington County regarding licensing septic systems and explained that the Department of Environmental Protection is going to require every property owner and commercial business with a septic system under 2,000 gallons a day to be licensed by either the municipality or county. He noted the municipalities will handle it in Burlington County but Gloucester County usually handles this type of thing. Mr. Rehmann indicated he will keep monitoring this to keep our residents informed. 3

4 E.) REPORTS AND OTHER MATTERS (cont d) Director of Community Affairs, Sandy Dilks extended appreciation to residents, businesses, churches and schools for their donations to the food bank in Due to these donations 1,365 food bags were distributed from the Pfeiffer Community Center. She reported many donations are being made to the food pantry but there are also many people coming in everyday with problems and some more than just food. Mrs. Dilks reported tax preparation for seniors is being scheduled at the Pfeiffer Center every Wednesday and those interested in this service should contact her office, as the appointments are filling up fast. Mrs. Dilks also reported the 16 th Annual Handicap Adult Prom will be held on Saturday, January 31 st from 11:00 AM to 2:00 PM. She also extended appreciation to Turnersville Toyota and Pat Trishler for the fifty Seventy-Sixer game tickets they distributed to children and to Cncl. Teefy and Dare Officer Clidy for getting the children to the game. She also extended appreciation to Linda Heydel and Kohl s Department Store for donating $ to the Salvation Army to purchase food for the food pantry. Cncl. Pres., Ron Garbowski urged residents to contact Mrs. Dilks if they are able to assist with donations to the food bank. He reported that he was able to secure a tractor trailer load of surplus library shelving for the new library and that a list of foreclosure fast facts from the State s website would be posted on the bulletin board in the municipal building and the Pfeiffer Community Center. Residents with foreclosure problems should call the phone number listed to obtain information that could help them with this problem. F.) GENERAL PUBLIC DISCUSSION Cncl. Dan Teefy made a motion to open the General Public Discussion portion of the meeting. The motion was seconded by Cncl. Rich DiLucia and unanimously approved by all members of Council in Chris Cugini congratulated the ward council members who won the November General Election. Mr. Cugini spoke of the Rt. 322 LLC (Duncan farm project) and the Monroe Township Development Company, LLC (Pork Chop Hill project) having some of the same players. He went on to read a portion from a letter he received, which stated the applicant of the active adult residential dwelling units and commercial retail space would provide 132 affordable rental units off site. Mr. Cugini spoke of a meeting on December 3, 2007 where Mr. Ingerman and his associates stated no town could escape COAH. He expressed his concerns that these are the same people that want to build a development and segregate their COAH home obligation on a separate property. Mr. Cugini indicated he spoke with COAH s Director Henderson several times and was told the proposed Duncan Farm development is not what the COAH law wants. Mayor Gabbianelli indicated the Township lost the Duncan property lawsuit and that court agreement states COAH management must come to the township and review the entire thing before the judge will issue his final order. Solicitor Fiore added a conference call between all the attorneys was held last Friday and for all intense purposes the case is resolved; however, because of the fact that this is a Mount Laurel type litigation under COAH regulations a Fairness Hearing must be conducted and that will be held in Superior Court of New Jersey before Judge Rafferty in Woodbury. The public will be noticed in the local newspaper when that hearing will occur and anyone from the public can comment about the Duncan litigation and/or the Township s Affordable Housing Plan. In addition to that the Judge will appoint a Special Master who will review our COAH Plan and the Duncan project as it applies to that. After public comment it will again be reviewed by the Judge and the Special Master. Mr. Cugini noted the residents of Hunter Woods have no problem with a developer building their COAH homes within their development because that is what the State wants. He urged Council to stand up to the developers to make them build the COAH homes in their neighborhoods because segregated housing has failed in every city in America over the last thirty years. He also spoke of working for Assemblyman Rick Merkt on his campaign for Governor and noted that everywhere he goes COAH is becoming a big issue. Mr. Cugini suggested Monroe Township join the five towns in Burlington, Camden and Gloucester County, which stood up and said no to the COAH regulations. He spoke of his friends writing letters to Senators requesting support of Assembly Bill A83570 and requested that Council also write letters and draft a resolution in support of this bill. He explained this bill effectively kills COAH and replaces it with a system not based upon quota but based upon need and residents and township government will have input into the use of federally funded programs. Mr. 4

5 F.) GENERAL PUBLIC DISCUSSION (cont d) Cugini urged Council to require Monroe Development Company LLC to build their COAH obligation on their own site because if those units are on the Duncan site there will be 150 to 200 kids in our school system, which the residents of Monroe will pay for. Cncl. Frank Caligiuri noted according to the most recent rules the township cannot require the developer to build the COAH homes on site unless the township offers to increase density, which allows for additional houses per acre. He added that does not mean the developer is exempted from his responsibility to provide some kind of COAH contribution. Mayor Gabbianelli added Pork Chop Hill is going to be a senior housing development and the township will get no COAH credits for that, as we are maxed out with senior housing. Mr. Cugini noted that developer is still responsible to build 89 units under the COAH guidelines. Solicitor Fiore explained the developer can either build the 89 units or he has the option of making a monetary contribution to the township s COAH obligation. Mayor Gabbianelli explained the township normally likes developers to build on site because the money is not enough but with the Orleans senior housing project proposed on Fries Mill Road the township tried to make a deal for them to purchase a piece of property for Catholic Charities to build 77 rental units for senior housing, as that would qualify for COAH credits because they would be senior rental units. The Mayor spoke of the COAH rules being foggy and of the township approving developments prior to COAH regulations. Mr. Cugini noted a segregated COAH community on Rt. 322 would hurt the entire community. The Mayor noted there are segregated communities on Corkery Lane, Walnut Street and Main Street. Mr. Cugini noted he was asking for the Administration and Council to support Assembly Bill A83570, as we are all in this as a community. The Mayor noted that bill is only giving an eighteen month window and would only help with the Wal-Mart project, which has all engineering and approvals completed allowing for construction to begin within eighteen months. Mayor Michael Gabbianelli reported Poplar Street will be closed from the Black Horse Pike to Main Street for the installation of new drainage pipes and resurfacing of the roadway. Construction should begin within the next week. Cncl. Marvin Dilks made a motion to close the General Public Discussion. The motion was seconded by Cncl. Rich DiLucia and unanimously approved by all members of Council in CLOSED EXECUTIVE SESSION Solicitor Fiore reported during Closed Executive Session discussion took place regarding litigation. No action was taken. G.) ADJOURNMENT Cncl. Frank Caligiuri made a motion to adjourn the Regular Council Meeting of January 27, The motion was seconded by Cncl. Marvin Dilks and unanimously approved by all members of Council in Respectfully submitted, Susan McCormick, RMC Municipal Clerk Presiding Officer These minutes were prepared from excerpts of the tape-recorded proceedings of the Regular Council Meeting January 27, 2009 and serve as only a synopsis of the proceedings. The official tape may be heard in the Office of the Township Clerk upon proper notification pursuant to the Open Public Records Law. Approved as submitted Date Approved as corrected Date 5