THE MEETING OF THE CITY OF BURLINGTON COMMON COUNCIL, COUNTY OF BURLINGTON, STATE OF NEW JERSEY, WAS HELD ON TUESDAY, APRIL 1, 2014, AT 7:00 PM, IN THE CITY HALL, 525 HIGH STREET, BURLINGTON, NJ, PURSUANT TO THE OPEN PUBLIC MEETINGS ACT. The Deputy Municipal Clerk advised the public of the location of the two fire exits; one on the left after exiting the Council Chamber and the other being the entrance to the building. Members present: Mr. Conaway, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Mr. Swan, Ms. Woodard, Mr. Babula. (7) Absent: (0). Also present: Municipal Attorney- George Saponaro, Chief Financial Officer- Ken Mac Millan, Administrator- David Ballard, Lt. Snow, Acting Fire Chief- Rusty Caruso. The following notice of the meeting was sent: There will be a Meeting of the Common Council of the City of Burlington held on April 1, 2014 at 7:00 PM, prevailing time at the City Hall Building, 525 High Street, Burlington, N.J. 08016. INVOCATION Rabbi Joseph M. Domosh of Temple B Nai Israel SALUTE TO FLAG Cindy A. Crivaro, RMC Municipal Clerk UNFINISHED BUSINESS Councilman Ghaul asked for the status of the presentation by ERI to Council. Councilwoman Hatala asked Administration look into when the trash contract is up for renewal; the Recycling Center doesn t look to presentable from the cemetery; suggested bushes to be planted as a screen. Mr. Ballard stated that it is a work in progress, it is being addressed; also spoke of putting in cameras to prevent illegal dumping. CONSENT AGENDA Councilwoman Woodard, moved that all Consent Agenda items be approved. It was seconded by Councilwoman Hatala. All were in favor. Upon the motion of Councilwoman Woodard, seconded by Councilman Swan, Resolution No. 91-2014 was removed from the Agenda. 1
PETITIONS AND COMMUNICATIONS* CORRESPONDENCE FOR MARCH 2014 NOTICES, AGENDAS, MINUTES, REPORTS, ETC. RECEIVED Reports from various departments received: Monies collected by the Municipal Clerk s $190.00 Office for the month of February 2014. AGENDAS RECEIVED FROM VARIOUS BOARDS 03-01 Screening Board, March 2014 with updates 03-02 Board of Education, dated March 10, 2014 03-03 Land Use Board, dated March 26, 2014 03-03 Screening Board, April 3, 2014 MINUTES RECEIVED FROM VARIOUS BOARDS 03-10 City of Burlington Public Schools, dated February 24, 2014 NOTICE TO PROPERTY OWNERS 03-20 Barry and Wanda Conaway Block 148, Lot 14 03-21 Muhammed Sakil, 333 Penn Street PETITIONS OF APPEALS: 03-30 block 121 lot 2 03-31 block 221 lot 34 03-32 block 44 lot 1 03-33 block 135 lot 67 03-34 block 16 lot 4 03-35 block 184 lot 34 03-36 block 121.01 5.02 03-37 block 229.01 lot 6.07 03-38 block 74 lot 1 03-39 block 23.01 lot 39 03-40 block 198 lot 1.01 03-41 block 1 lot 8 03-42 block 221.02 lot 1 & 221.04 lot 8 03-43 block 222 lot 4.01 03-44 block 224 lot 3 03-45 block 34 lot 28 03-46 block 73 lot 16 03-47 block 00167 lot 0009 03-48 block 195 lot 1101 2
03-49 block 224 lot 101 03-50 block 16 lot 39 03-51 block 987 lot 23 03-52 block 74 lot 25 The following application(s) for parade permit(s) received and approved. 03-40 Parade Permit application for Memorial Day Parade on May 26, 2014 CORRESPONDENCE TO AND FROM WITHIN THE CITY AND CITY ORGANIZATIONS: 03-100 City of Burlington K-9 Bike show and run information 03-102 City of Burlington Cruzin on the River, hosted by Burlington Police K-9 Unit 03-103 City of Burlington Municipal Press release, re: Need Health Insurance? Platoon ready to Help COMMUNICATION TO AND FROM MUNICIPAL ENGINEER 03-300 Alaimo Group, dated February 28, 2014, re: 432 Lawrence Emergency Demolition CORRESPONDENCE TO AND FROM BURLINGTON COUNTY 03-501 Greater Burlington Chamber of Commerce, Monthly dinner Meeting 03-502 Greater Burlington Chamber of Commerce along with Burlington City High School - 2014 Plant Sale 03-503 Burlington County Recycling Shred Information Saturday March 29, 2014 03-504 Burlington County Board of Taxation Resolution 2014-2, re: Real Estate Property 03-505 Board of Chosen Freeholders, dated February 26, 2014, re: Burlington County Cooperative Agreement pothole Mitigation 03-506 Burlington County Board of Taxation, dated March 17, 2014, re: Resolution 2014-2 03-507 Riverfront Development Meeting/Burlington Meeting House Monday March 17, 7pm Jim Kennedy presenting Plans for riverfront 03-508 Greater Burlington Chamber of Commerce, Monthly Meeting CORRESPONDENCE TO AND FROM THE STATE OF NEW JERSEY 03-700 State of New Jersey, dated March 11, 2014, re: Transportation Alternatives Program 03-701 State of New Jersey, dated March 11, 2014, re: Safe Routes to School 03-702 State of New Jersey, dated February 26, 2014, re: Water Department MISCELLANEOUS CORRESPONDENCE 03-800 Board of Education Public Notice, dated March 4, 2014 03-801 Elaine McClammy, dated February 28, 2014, re: Dying or Dead Tree 03-802 Library Company of Burlington, re: Teddy Bear Sleep Over at the, April 4, 6pm 03-803 Library Company of Burlington, re: Family Movie Night 03-804 Elaine McClammy, dated March 4, 2014, re: Equitable Enforcement 03-805 Christine Beach, dated March 7, 2014, re: Outdoor seating Old City Café 03-806 Elaine McClammy, dated March 4, 2014, re: limiting number of pets 3
03-807 Elaine Mc Clammy, dated March 12, 2014, re: City Workers driving & using handheld devices 03-808 Library Company of Burlington, re: Less Stress More Joy, De Clutter your life April 26 03-809 Elaine McClammy, dated March 17, 2014 re: Saga Continues 03-810 Historic Yorkshire Alliance/ dated May 18, 2014, re: Resolution 03-811 NJ Baseball during the Civil War Era Sunday March 30, 2-4 at Corson Poly Center 03-812 Full Gospel Fellowship, re: The Amazing Race/ May 3 rd 2014 Fund-raiser Benefit For Mitchell Fire Department-Jacksonville Fire Dept 03-813 Ghost Hunter Stores, re: Ribbon Cutting, Open House- March 29 & 30 03-814 Affordable Health Care, March 16, 2014/ Willingboro Senior Center 03-815 Elaine McClammy, dated March 18, 2014, re: oversize vehicles 03-816 Elaine McClammy, dated March 18, 2014, re: oversize vehicles ordinance 03-817 Burlington Company Library, re: Lego Club 03-818 Endeavor Emergency Squad, Inc., February 2014 Monthly Report 03-819 Timothy R. Viereck, dated March 14, 2014, re: resignation 03-820 Band Boosters Association, Burlington City High School fundraiser 03-821 Library Company of Burlington, Hello Spring, Book sale Library April 7-17 2014 03-822 City of Burlington Concert Series Dates 03-823 John Brady, re: NJ Historic Review Board Unanimous Approval 03-824 Elaine McClammy, dated March 28, 2014, re: Council Inaction APPROVAL OF INVOICES* APPROVAL OF MINUTES* ORDINANCE(S) - INTRODUCTION & FIRST READING AN ORDINANCE OF THE CITY OF BURLINGTON TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) Upon the motion of Councilwoman Lollar, seconded by Councilman Ghaul, the foregoing ordinance was adopted by the following roll call vote: AYES: Mr. Conaway, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Mr. Swan, Ms. Woodard, Mr. Babula. (7) NAYS: (0); ABSTAIN: (0); ABSENT: (0). ORDINANCE(S) - SECOND READING & FINAL DISPOSITION ORDINANCE NO. 03-2014 OF THE CITY OF BURLINGTON, AMENDING AND SUPPLEMENTING THE CODE OF THE CITY OF BURLINGTON, CHAPTER 344, VEHICLES AND TRAFFIC, SECTION 344-37 BUS STOPS 4
WHEREAS, the Common Council of the City of Burlington has determined that it wishes to formally recognize a bus stop at the intersection of Route 130 South and Chelton Avenue, which has been in use for over forty (40) years but is an unapproved bus stop from the perspective of the New Jersey Department of Transportation; WHEREAS, the Common Council has determined that this bus stop has not been abandoned by passengers using New Jersey Transit within the City, but continues to be actively used by riders; WHEREAS, the Common Council has further determined that there have been no reported issues involving motor vehicle accidents, pedestrian safety, or acts of vandalism that would support the removal of the stop; NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Burlington as follows [underlined text is added, strikethrough text is deleted]: 344-37. Bus stops. The following described locations are designated as bus stops: H. Along Route 130 southbound at the north side thereof at: (1) Chelton Avenue beginning at the west curbline of Chelton Avenue and extending 120 feet west thereof. Be it further ordained that this Ordinance shall be filed with the Commissioner of the New Jersey Department of Transportation for approval pursuant to N.J.S.A. 39:4-8. ordinances or parts of ordinances which are inconsistent with this Ordinance shall be repealed as to their inconsistencies only; and is Ordinance shall take effect upon final passage, approval, and publication in accordance with law. on the motion of Councilwoman Lollar, seconded by Councilwoman Woodard, the foregoing ordinance was introduced. blic Comments rry Heck, 116 E. Union Street- asked for an explanation of this ordinance. uncil Comments. Ballard explained the ordinance. is ordinance was then adopted by the following roll call vote: AYES: Mr. Conaway, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Mr. Swan, Ms. Woodard, Mr. Babula. (7) NAYS: (0); ABSTAIN: (0); ABSENT: (0). RDINANCE NO. 04-2014 OF THE CITY OF BURLINGTON ESTABLISHING AN ARTS AND CULTURAL DISTRICT IN THE CITY OF BURLINGTON 5
HEREAS, the Common Council for the City of Burlington desires to promote art, culture and tourism in the City through the facilitation of an environment wherein artists can live and work, thus positively influencing the lives of Burlington City residents and visitors, and enhancing the City s economy; and HEREAS, the Common Council for the City of Burlington has determined that it would be advantageous and appropriate to establish and create an Arts and Cultural District within the City in order to attract artistic businesses and cultural institutions within a designated area of the City; and HEREAS, the Common Council for the City of Burlington wishes to amend the City s zoning regulations and allow E. Union Street from High Street to Stacy Street to be developed to accommodate the promotion of arts in the community in a manner consistent with the Master Plan; and HEREAS, private property owners may benefit from an arts and cultural district designation based on the increased commerce, owners of property in the proposed arts and cultural district should work in conjunction with the City of Burlington s efforts in this regard. Therefore, the City encourages property owners of mixed-use structures (i.e. buildings with a business on the first floor and residential units on the upper floors) to offer financial incentives to new arts-oriented businesses to locate and lease currently vacant first floor commercial space in the arts and cultural district. OW, THEREFORE, BE IT ORDAINED that in furtherance of the above-stated desire and intent of the Common Council, Article VII of the Code of the City of Burlington (Zoning) will be amended to add 207-93 as follows: 07-93 ARTS AND CULTURAL DISTRICT 1. Zone districts. The Arts and Cultural District (ACD) is hereby added to the list of approved Zone Districts within the City of Burlington. 2. Intent. It is the intent of the Arts and Cultural District (ACD) to exist for the following reasons: a. Arts and cultural businesses add diversity to the City s economy; b. The City s economy will be positively impacted by an influx of artistic and culturallyrelated businesses and organizations because they will generate jobs and revenue; c. Burlington City s residents, neighboring business owners in other districts, and visitors will be positively impacted. 3. District boundaries established. a. The boundaries of the City of Burlington s Arts and Cultural District are as set forth on the map entitled City of Burlington Arts and Cultural District, as maintained in City Hall, the provisions of which map are incorporated fully herein by reference. 6
b. The designation of the area as an Arts and Cultural District shall not in any respect override any applicable City Code regulatory requirement including, but not limited to zoning regulations, fire code, nuisance, and building and property maintenance codes. 4. Examples of arts and culture-related businesses and organizations include: a. A for-profit business or not-for-profit organization that presents live performances of theatre, dance, music, or other imaginative work and/or produces or exhibits physical works created by, or under the direction of one or more artists, which are intended for unique production or limited reproduction, including for-profit businesses and not-forprofit organizations involved in instruction of arts and cultural forms. b. A for-profit business or not-for-profit organization that offers a technical and/or administrative support function to the operation of an arts and cultural activity: marketing; public relations; graphic design and publishing; booking and travel services; IT, internet and social media services; consulting and planning services for arts and cultural activity; provision of technical equipment and expertise related to arts performance and presentation. c. Museums or historic sites, the primary mission of which is education, history, or historic preservation, shall also qualify as arts and culture organizations. d. General consumer-oriented food retailers such as restaurants, cafés, coffee and tea shops, and delicatessens. e. A creative economy business whose primary economic activities are the generation or utilization of innovation, knowledge and information involving individual creativity, skill and talent which activities have a potential for wealth and job creation through the generation of ideas, products and/or services. Standard categories may include, but are not limited to: advertising, architecture, art and antiques, designing computer games or software, culinary arts, crafts, design, designer fashion, film and video, music, performing arts, theatre, publishing, TV and radio. 5. Future additions to this Ordinance. The Common Council for the City of Burlington may choose at a future time to amend and expand the provisions of this Ordinance. Upon the motion of Councilwoman Woodard, seconded by Councilwoman Hatala, the foregoing ordinance was introduced. Public Comments Danny Kiple, 843 Woodland Avenue- this is in the Historic District; there are limitations on signage in the area; suggested to work with the Historic Commission to make sure the signage is correct. Council Comments Mr. Ballard gave an explanation of this ordinance. 7
This ordinance was then adopted by the following roll call vote: AYES: Mr. Conaway, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Mr. Swan, Ms. Woodard, Mr. Babula. (7) NAYS: (0); ABSTAIN: (0); ABSENT: (0). RESOLUTIONS / CONSENT AGENDA RESOLUTIONS* Resolution No. 89-2014 Municipal Budget of the City of Burlington, County of Burlington, for the Fiscal Year 2014; Be It Resolved, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2014; Be It Further Resolved, that said Budget be published in the Burlington County Times in the issue of April 23, 2014. The Governing Body of the City of Burlington does hereby approve the following as the Budget of the year 2014. Local Tax for Municipal Purposes including Reserve for Uncollected Taxes - $7,809,858.32. Notice is hereby given that the Budget and Tax Resolution was approved by the Common Council of the City of Burlington, County of Burlington, on April 1, 2014. A hearing on the Budget and Tax Resolution will be held at City Hall, 525 High Street on May 6, 2014 at 7:00 P.M. at which time and place objections to said Budget and Tax Resolution for the year 2014 may be presented by taxpayers or other interested persons. Upon the motion of Councilman Ghaul, seconded by Councilwoman Lollar, the foregoing resolution was adopted by the following roll call vote: AYES: Mr. Conaway, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Mr. Swan, Ms. Woodard, Mr. Babula. (7) NAYS: (0); ABSTAIN: (0); ABSENT: (0). Resolution No. 90-2014* RESOLUTION NO. 90-2014 OF THE COMMON COUNCIL OF CITY OF BURLINGTON APPOINTING MEMBERS OF THE SELECTION COMMITTEE FOR THE SELECTION OF A NEW FIRE CHIEF PURSUANT TO MUNICIPAL CODE SECTION 2-42 WHEREAS, the current Fire Chief has resigned his position effective March 14, 2014 creating a vacancy therein; and WHEREAS, pursuant to Section 2-42 of the Municipal Code, Common Council will appoint a five member Selection committee at times when an unforeseen vacancy occurs; and WHEREAS, the Section Committee must consist of: two (2) former chiefs of the City of Burlington Fire Department; one (1) Chief Officer from another Fire Department; one (1) Civilian with management experience; and one (1) member of Common Council; and 8
NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Burlington, hereby appoints the Selection Committee for the selection of a new Fire Chief for the City of Burlington Fire Department and any other vacancies created as a result of that process. 1. Howard Wilkins and Lee Daneker as former Burlington City Fire Department Chiefs; and 2. Tony Burnett, Chief of the Willingboro Township Fire Department as an outside Fire Chief; and 3. Rick Iovine as the civil member; and 4. Council Member Ila Marie Lollar BE IT FURTHER RESOLVED, that all resumes shall be submitted to the Municipal Clerk s Office no later than 4:00 pm, April 10, 2014. BE IT FURTHER RESOLVED, that 5 copies of the results shall be submitted to the Municipal Clerk s Office no later than 4:00 pm, April 25, 2014. Resolution No. 91-2014* REMOVED RESOLUTION NO. 91-2014 OF THE CITY OF BURLINGTON AUTHORIZING THE CITY OF BURLINGTON TO EXECUTE AN AGREEMENT WITH BURLINGTON COUNTY FOR COOPERATIVE PARTICIPATION IN THE COMMUNITY DEVELOPMENT ACT OF 1974 Resolution No. 92-2014* Common Council of the City of Burlington, hereby authorizes a change fund to be established for the Office of Code Enforcement in the amount of $25.00. Resolution No. 93-2014* Common Council of the City of Burlington, hereby authorizes the Municipal Clerk to issue a Mercantile License to Tiffany Torrence-Forde, 3 Twin Hill Drive, Willingboro, N.J., to operate a business at 226 High Street t/a Skin & Body Klinic. Resolution No. 94-2014* Common Council of the City of Burlington, hereby authorizes the Municipal Clerk to issue a Mercantile License to Paula Jacobs, 30 W. Union Street, Burlington, N.J., to operate a business at 226 High Street t/a Kouture Events. 9
Resolution No. 95-2014* Common Council of the City of Burlington, hereby authorizes the Municipal Clerk to issue a Mercantile License to David and Michelle Juliano, 4138 Stirling Street, Philadelphia, Pa., to operate a business at 112 W. Broad Street t/a The Ghost Hunter Store. Resolution No. 96-2014* RESOLUTION NO. 96-2014 OF THE COMMON COUNCIL OF THE CITY OF BURLINGTON APPROVING THE PUBLIC DISPLAY OF FIREWORKS FOR FESTIVAL OF LIGHTS WHEREAS, it is necessary for the Common Council of the City of Burlington to approve the public display of fireworks for the Festival of Lights; and WHEREAS, after authorization is approved, the City Fire Official will then be able to issue a permit for the public display of fireworks. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Burlington, County of Burlington, State of New Jersey, that approval is granted for the public display of fire works for the Festival of Lights to be held on August 2, 2014, with a rain date of August 3, 2014. BE IT FURTHER RESOLVED that the Fire Official is hereby requested to issue a permit pursuant to N.J.A.C. 5:18-2.7. Resolution No. 97-2014* A resolution providing for a meeting not opened to the public in accordance with the provisions of the New Jersey Open Public Meetings Act. N.J.S.A. 10:4-12: Therefore be it resolved by the Common Council, of The City of Burlington, assembled in public session on April 1, 2014, that an Executive Session Closed to the Public shall be held on April 1, 2014, in the Council Meeting Room, for discussion of matters relating to the specific items designated in this resolution: Litigation N.J.S.A. 10:4-12 (7) Lyceum Hall Update The nature of the discussion conducted in closed session and or the result thereof may be disclosed to the public in an open public meeting held in April of 2014 or shortly there after. PUBLIC COMMENTS 10
Mike Zalot, 506 Locust Avenue- reminded everyone of the BOIM Election April 7, 2014 from 3-9pm at the Keegan Center; spoke of riparian rights and the island; suggested goats and female ginny hens on the island. Councilwoman Woodard read a statement from page 23 of a letter from James A. Johnson, dated February 20, 1991 regarding riparian lands on the island. Harry Heck, 116 E. Union Street- spoke of the presentation last week of new police officers and the K9 Car Show volunteers; suggested the City consider moving the bus stops at the Alexander Inn and Birches; the lines on Stacy Street still need to be repainted; asked about recycling; spoke of Councilman Conaway s suggestion of $5,000 to start up the Feral Cat Program; thanked the Police Department, there has been no food put out for the cats recently; suggested licensing cats and let money go toward issues with feral cats; spoke of the public not being able to comment before something is voted on. ADMINISTRATION REPORT Mr. Ballard hoping to have a transient marina on the promenade; approval from United States Fish and Wildlife Services (USFWS) they agreed to conditionally approve the Burlington NBIG project. The next step is to obtain a draft agreement between the New Jersey Department of Transportation (NJDOT) and the City of Burlington. The Condition of Agreement reads: Conducting borings/sediment sampling and any other ground disturbing activity is not authorized at this time. The project sponsor will obtain all necessary permits/approvals to conduct the borings/sediment sampling and submit copies of these permits/approvals to the NJDOT. The NJDOT will then evaluate these activities in order to authorize the use of funds for this purpose. Dave also spoke of the road striping being worked on; limited budget; Councilwoman Woodard suggested using volunteers and community service to help the Public Works Department. Mr. Ballard stated that he asked Mr. Turner why we are not able to get these services. Mr. Saponaro stated that he has written to the Administration in Burlington Township; the Judge does use it; asked it to be considered for other communities, through the Probation Department. President Babula spoke of shared services with the school system for salt. Mr. Ballard stated that they only store a limited amount for sidewalks. Councilwoman Woodard asked for the status of the Salt Barn Project. Mr. Ballard said that they are waiting on the Bridge Commission; we are looking for additional information. Councilman Ghaul asked when Ingerman is planning to start the Mitchell Avenue Project. 11
Mr. Ballard suggested late April, we should be hearing soon. COUNCIL COMMENTS Councilman Ghaul asked for the status of his request for a Conference on redevelopment, bringing back CoBRA and Council rules. President Babula spoke of the portion dealing with the rules, there was no interest from Council to discuss this. Councilman Conaway asked for the status of the Ready Solutions. Mr. Ballard said that he has spoken to Col. Caruso; the Departments can use it if they feel it would be a benefit to them. Councilman Conaway spoke of 524 Jones Avenue, there is a large amount of trash in front. Councilman Swan asked about a few more Class I Officers to be on foot to enforce the Ordinances and increase the beautification in the City. Mr. Ballard said that he has met with the Police Department about these concerns and will be reaching out to NJT regarding placement of signs for U-turns. Councilman Swan said that we need to sweep up along the main drag; spoke of an incident at the train station. Mr. Ballard spoke of installing cameras around town. Councilwoman Lollar spoke of a STOP sign at Locust Avenue, people are just flying by. Councilwoman Woodard spoke of the need for more code enforcement. Mr. Ballard said that he has a plan to discuss this during budget time. Councilwoman Woodard requested a conference on Mercantile Licenses. Councilwoman Hatala asked if a car is allowed to be parked against a fire hydrant. Mr. Saponaro said no. President Babula announced upcoming events; thanked Dr. Doloughty for an article she wrote in response to a previous article wrote about fights in the High School; addressed the agenda order of business concerns; encouraged the residents to contact their Council representatives with any issues. CONFERENCES 12
Parking at Sisterhood- Sgt. Fine High Street Planter Boxes- Chris Seiler, Chamber of Commerce Littering Ordinance- George Saponaro, Esq. EXECUTIVE CONFERENCES Lyceum Hall Update- George Saponaro, Esq. ADJOURNMENT Upon the motion of Councilwoman Woodard, seconded by Councilman Swan, this meeting of April 1, 2014 was adjourned. Cindy A. Crivaro, RMC Municipal Clerk 13