Egg Harbor Township Committee Meeting Municipal Building, 3515 Bargaintown Road Egg Harbor Township, NJ 08234

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1 Egg Harbor Township Committee Meeting Municipal Building, 3515 Bargaintown Road Egg Harbor Township, NJ Wednesday, February 21, :00 p.m. MINUTES Mayor McCullough called the meeting to order, 5:00 PM. Township Clerk Tedesco read the Opening Statement Pursuant to the Open Public Meetings Act. Roll Call: Joe Cafero present Frank Finnerty present Paul Hodson absent, arrived late Laura Pfrommer present James J. McCullough present Mayor McCullough announced that Deputy Mayor Hodson was on his way to the meeting from the airport. Also in attendance was Administrator Miller, Deputy Administrator von der Hayden, Solicitor Friedman, Engineer Mott and Township Clerk Tedesco. Closed Session Number Title 115 Authorizing the Township Committee to convene into a Closed Executive Session to discuss matters which involve personnel; PBA Negotiations-6 months and legal matters; ACIA Aviation Park PILOT-6 months. Motion Motion Cafero second Pfrommer to approve Resolution 115 Roll Call Vote Cafero/yes Finnerty/yes Hodson/absent Pfrommer/yes McCullough/yes Deputy Mayor Hodson arrived during Closed Session, 5:05 PM. Meeting with Township Engineer Mott Engineer Mott advised contractors are working vigorously on various projects. Mayor McCullough reported that he and Administrator Miller met with Department of Transportation (DOT) officials today regarding flooding issues in West Atlantic City. Administrator Miller said the DOT is in the preliminary stages for improvements along Route 40 in West Atlantic City. Improvements are anticipated to begin in March of Mayor McCullough explained the improvements will include raising the road, adding a pedestrian sidewalk and bulk heading. Administrator Miller and Engineer Watkins previously raised issues of flooding between Brenta Avenue and the Comfort Inn. The DOT is addressing this issue and will require the replacement of pipe. Engineer Mott said there will be a lot of good improvements once the work is complete. The DOT s budget for this work is $10 million. Further discussion followed regarding future work to be done by the DOT in West Atlantic City. New Business Capital Improvement Cancellation Administrator Miller explained that rather than transferring capital balances from dedicated projects, we can re-appropriate nominal amounts. Resolution No. 103 of 2018, canceling unexpended capital Page 1 9

2 improvement fund balances is listed this evening for approval. This resolution will cancel approximately $11,000 and put it back into the Capital Improvement Fund to be reused as down payment money for future capital projects. Police Construction Detail Overtime Administrator Miller said the police department is receiving about $70 per hour from the contractor s for construction detail work, which is less than the current overtime rate. The current average overtime rate is $90 per hour. Ordinance No. 5 of 2018, an ordinance to amend Chapter 195 of the Township Code entitled Streets and Sidewalks is listed for introduction this evening. This ordinance will increase the construction detail rate to $90 per hour. Area in Need Study (Block 2118, Lot 4) Administrator Miller said there is a developer interested in renovating the former Howard Johnson Motel at 6817 Black Horse Pike and making it an assisted living facility and low income housing. Committeeman Finnerty questioned how many units are in the current building. Administrator Miller replied, a little over 100. Resolution No. 107 of 2018, directing the Egg Harbor Township Planning Board to conduct a preliminary investigation to determine whether or not Block 2118, Lot 4 qualifies as an Area in need of Redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law; and commissioning Polistina & Associates to assist the Planning Board with such investigation, is listed on tonight s consent calendar. Although this area is not in The Pinelands jurisdiction, Administrator Miller referred to our previous ordinance permitting assisted living facilities, not being approved by The Pinelands. He plans on attending their upcoming Public Hearing to make comments as he believes they are simply denying so they can require Pinelands Development Credits (PDC). Hearing Rotary Tow Operator s License Application (5:15 PM) Administrator Miller sat in the audience and Engineer Mott was excused from the meeting. Mayor McCullough explained that Court House Towing has been denied a Rotary Towing Application. The Police Department and Municipal Prosecutor are in attendance to explain reasons for application denial. In attendance for the hearing were Prosecutor Alsofrom, Traffic Sergeant Burgan and Mr. Altobelli, owner of Court House Towing. Karen A. Howorth, CSR Associates provided transcription on behalf of the township. Prosecutor Alsofrom referenced Egg Harbor Township Code, Chapter 190, Rotary Towing and Storage and gave an overview of the Police Department s position on denial. Prosecutor Alsofrom said Chapter 190 sets Rotary List criteria and requirements of tow companies and advised of the section of the code Court House Towing violated, affecting denial of 2018 application. After Mr. Altobelli provided a history of prior litigation he had with the Township, Solicitor Friedman reminded Mr. Altobelli and the governing body that tonight s hearing needs to remain specific to the January 19, 2018 letter authored by Township Clerk Tedesco and the Police Departments charges specific to this denial. Solicitor Friedman swore in Traffic Sergeant Burgan and Lois Altobelli. Prosecutor Alsofrom asked Traffic Sergeant Burgan several questions regarding her employment history and the January 19, 2018 denial letter listing violations. Mrs. Burgan provided Prosecutor Alsofrom with responses. Mr. Alsofrom marked the following items into evidence; January 19, 2018 letter authored by Township Clerk Tedesco, S-1; CAD Reports matching dates in letter, S-2; and 2018 Rotary Towing Application submitted by Mr. Altobelli for Court House Towing, S-3. Prosecutor Alsofrom stated there are 33 documented incidents that are not specifically in the January 19 th letter. Page 2 9

3 Mr. Altobelli provided his responses to items listed in the January 19 th denial letter, as well as, offered suggestions to improve the Township s ordinance/requirements. He added that on the record, there are others who have calls skipped. Further discussion ensued between Prosecutor Alsofrom, Mr. Altobelli and Traffic Sergeant Burgan. Mayor McCullough said the governing body has heard from the Police Department and the Applicant. They will review the facts presented, make a determination and notify the Applicant of their decision at a later date. Township Administrator Miller explained the township has the ability to require vendors to provide certain services free of charge to the township. However, he noted that requirement must be disclosed within the corresponding bid document. Township Solicitor Friedman stated the Township Committee will deliberate on tonight s hearing during Closed Session later in the evening. Township Clerk Tedesco read the Video Broadcast/Television Statement. Mayor McCullough led the Pledge of Allegiance. Roll Call: Joe Cafero present Frank Finnerty present Paul Hodson present Laura Pfrommer present James J. McCullough present Ordinances Public Hearing Number Title 2 An ordinance authorizing execution of an agreement for tax abatement with Atlantic Medical Imaging, LLC for property located at 6529 Black Horse Pike (Block 1901, Lots 11 & 12) Purpose The purpose of this ordinance is to grant Atlantic Medical Imaging LLC a tax abatement for a 14,847 square foot radiology/medical imaging facility located at 6529 Black Horse Pike Public Comment No one from the public came forward. Motion Motion Pfrommer second Hodson to close the public portion of Ordinance 2 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Motion Motion Pfrommer second Finnerty to adopt Ordinance 2 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Ordinances Introduction Number Title 4 An ordinance to amend Chapter 213 of the Township Code entitled Vehicles and Traffic to establish speed limit on Cates Road Purpose The purpose of this ordinance is to set the speed limit on Cates Road from Dogwood Avenue to West Jersey Avenue at 25 mph. A public hearing on Ordinance No. 4 of 2018 will be held on Wednesday, March 21, Motion Motion Finnerty second Hodson to introduce Ordinance 4 Page 3 9

4 Committeewoman Pfrommer questioned if this will be in effect prior to the road opening. Administrator Miller responded, yes. Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Comments Township Administrator Miller advised Ordinance No. 4 of 2018 incorrectly referenced Dogwood Avenue and should actually state Cates Road from Atlas Lane Road to West Jersey Avenue. Motion to Rescind Motion Finnerty, second Cafero to rescind Ordinance No. 4 of 2018 as introduced and amend to reference Cates Road from Atlas Lane Road to West Jersey Avenue. Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Number Title 5 An ordinance to amend Chapter 195 of the Township Code entitled Streets and Sidewalks Purpose The purpose of this ordinance is to establish a police construction detail overtime rate. A public hearing on Ordinance No. 5 of 2018 will be held on Wednesday, March 21, Motion Motion Hodson second Cafero to introduce Ordinance 5 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Ordinances are available to any member of the general public on our website, General Public Discussion Pete Castellano, 111 White Oak Drive, President Egg Harbor Township Board of Education stated he was in attendance to speak on behalf of the Board of Education (BOE). Mr. Castellano read a statement corresponding to a resolution approved by the BOE on February 20, The BOE asked that the Township share revenues received from payment in lieu of taxes or PILOT programs and 5 year commercial Tax Abatement programs with the school. Mr. Castellano said this request was being made to formalize a December 2014 letter of intent from Mayor McCullough to the Board of Education. Mr. Castellano also advised members of the public attending last night s Board of Education meeting inquired about security measures to be implemented in light of the recent events. Mayor McCullough replied that the Township Committee developed and proposed a security plan to the BOE several years ago which they turned down. The Mayor said that he is a proponent of armed law enforcement in schools. Mayor McCullough advised the Township Committee will be reviewing their proposal again and are available to meet with school officials to discuss options to address school safety. Mr. Castellano did not object to having School Resource Officers placed in the township schools. Mayor McCullough advised Deputy Mayor Hodson will contact school officials with the township s proposed security plan. Mayor McCullough responded to comments about the PILOT program stating that he is troubled that the school budget increases annually yet the student population has decreased. The Mayor said he is willing to appropriate funds to the school if they are willing to share in the cost of tax appeals which the township currently pays on behalf of the BOE. Mayor McCullough noted that 65 percent of our resident s taxes are for school purposes. Mayor McCullough referred to a meeting he previously hosted with the Speaker of the House, Senate President and Senator Whelan to speak about tax relief through BOE funds. The Mayor stated that he called 85% of the BOE members about utilizing $1.5 million for tax relief which the majority agreed to, yet Mr. Castellano and another member did not agree too. Mr. Castellano did not agree with the Mayor s comments and conversation ensued about school services. Once again Mayor McCullough advised that the BOE must share in cost of tax appeals due to high education costs if they want the township to share in revenue from the township s PILOT programs and Affordable Housing projects. The Mayor stated the BOE needs to be held responsible for the high cost of taxes in Egg Harbor Township. Mr. Castellano replied he does not feel that the BOE should share the Page 4 9

5 costs of tax appeals as our schools are underfunded and forced to accept more students under the Affordable Housing program with no additional funding. Committeewoman Pfrommer acknowledged that the BOE members work hard, but said the township is also under a funding deficit from the state and that we need to work towards a common goal to for the benefit of our taxpayers. Deputy Mayor Hodson asked for the total student enrollment number. Pete Castellano replied the schools are funded for 6,000 students, but was unsure of the exact number of student enrollment. Deputy Hodson also said that it is important that the Township Committee and BOE work together for the benefit of the taxpayers. Mr. Hodson asked if school attendance has increased or decreased over the last five years. School Board Business Administrator Anaya replied enrollment has increased to 7,411 students. Committeeman Finnerty asked what has been done about school funding formula. Pete Castellano said that he continues to advocate for the formula to be revised and said that some beneficial changes were made last year. Deputy Mayor Hodson said the issue of security in schools must be a priority. He said security is not just a gun issue, but that our mental health system must be improved. Mr. Hodson stated guards are needed in our schools and security concerns must be addressed quickly. Mr. Castellano stated the BOE is moving quickly on this issue. Committeeman Finnerty said Township Committee members receive numerous complaints from residents over the fees charged by the schools for use of their facilities. Pete Castellano replied that it is necessary to charge a fee in order for the schools to recover their costs. Committeewoman Pfrommer commented that it costs Egg Harbor Township Recreation $20,000 a year to allow participants to play basketball at school facilities. Mayor McCullough said the township agreed to give the BOE $400,000 towards the construction costs of an athletic field in In 2014, $200,000 was offered and also turned down. Mr. Castellano said the school never had any intention of constructing an artificial turf field. Mayor McCullough advised Township Committee was approached by the then Superintendent of Schools about contributing to the costs to build a new field. Township Administrator Miller said the township came up with 50 percent of the costs with the provision that the township would be permitted to utilize the field. Mr. Castellano disagreed with the township s recollection on this issue. Mayor McCullough stated that his position regarding the BOE request for the township to share revenue collected under the PILOT program and affordable housing is that the BOE would need to share in the cost of tax appeals. Mayor McCullough also stated that the township s offer to contribute $200,000 towards the construction of an artificial turf field is still valid. Committeeman Finnerty said it is very important to implement better security in our schools and to find ways to reduce the use of facilities fees for residents. Mr. Finnerty wants to see better cooperation between the Township Committee and the Board of Education. Township Administrator Miller advised the state has also restricted funding to the township and that our budget has also been negatively affected. Deputy Mayor Hodson said committee members receive many resident complaints about the amount of school taxes and feels any additional aid should go towards tax relief. Committeeman Finnerty stated the Township Committee was not aware that members of the BOE would be coming to tonight s meeting. School Business Administrator Anaya said they decided to attend in conjunction with the upcoming approval of the budget. Page 5 9

6 Deputy Mayor Hodson asked how the school budget is coming along. Ms. Anaya stated it is 3.2 cents over last year, but another meeting is set for next week. The roll over amount for 2018 is 2.5 cents. Amber Umphlett, 6512 Mill Road, resident and BOE Member stated she brought these issues to the Township Committee s attention a few years ago. Ms. Umphlett further stated that she was shocked by the amount of local officials who attended a Senate Hearing requesting local aid for their schools and asked if members of Township Committee have attended Senate hearings to defend the School Board. Committeeman Finnerty advised Mayor McCullough had a meeting with Senator Sweeny and others about tax relief. As a result of that meeting, $3.5million was allocated after the budget was set. Ms. Umphlett questioned that statement and said that if we all work together, more funding could be obtained. Mayor McCullough referred to the BOE request for the township to share revenue received from commercial property PILOT programs and the Affordable Housing program and repeated that in order for that to happen, the BOE would need to share in the cost of tax appeals. Motion Vote: Cafero second Hodson to close the public portion of meeting All present voted, yes Resolutions (Consent Calendar) Administrator Miller asked to have Resolution No. 111, authorizing the assignment of tax sale certificates for Block 3225, Lot 16 and Block 3223 Lot 16 removed from the Consent Calendar due to it being listed in error. Number Title 103 Resolution canceling unexpended capital improvement fund balances (various) 104 Resolution transferring monies from one appropriation to another (various) 105 Resolution authorizing the award of a non-fair and open contract for Volunteer Fire Department Life Insurance Policy with Standard Insurance Company 106 Resolution authorizing the execution of 2018 Municipal Aerial Mosquito Control Agreement 107 Resolution directing the Egg Harbor Township Planning Board to conduct a preliminary investigation to determine whether or not Block 2118, Lot 4 qualifies as an Area in need of Redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law; and commissioning Polistina & Associates to assist the Planning Board with such investigation 108 Resolution authorizing Person to Person and Place to Place transfer of Plenary Retail Consumption License (9) (Mimicat, LLC to HG20, LLC) 109 Resolution rescinding Resolution 487 of 2017 entitled Resolution granting permission to the Riordan family to place a temporary mobile home on their property for a period not to exceed 6 months 110 Resolution granting permission to the Riordan family to place a temporary mobile home on their property for a period not to exceed 6 months 111, Removed from the Consent Calendar and Voided 112 Resolution authorizing refund of overpaid taxes (various) Motion Motion Finnerty second Hodson to approve Consent Calendar Resolutions 103 through 112, excluding 111 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Supplemental Agenda Page 6 9

7 Committeewoman Pfrommer inquired about Resolution No Township Administrator Miller explained the Police Department has recommended award to Guenther s Towing, South Jersey Towing and Recovery, A.N.A. Towing and City Wide Towing. Mr. Miller explained that Mr. Altobelli s family owns and operates South Jersey Towing and Recovery, but that the company is separate and distinct from Court House Towing. Deputy Mayor Hodson suggested that the current towing ordinance be reviewed and compared to those of adjoining municipalities. Township Solicitor Friedman replied that it would be beneficial to discuss suggestions and potential changes with all parties involved in the towing process prior to making revisions to the ordinance. Committeewoman Pfrommer suggested Township Committee convene into a Closed Session prior to adjournment to discuss tonight s hearing. Township Committee agreed with Mrs. Pfrommer s suggestion. Supplemental Resolutions No. 116 and 117 of 2018 will be considered following the Closed Session. Resolution (Bill List) Number Title 113 Authorizing payment of all bills pursuant to Exhibit A Administrator Miller requested to have an invoice from Pro Stuff in the amount of $28,000 for BMX Starting Gate added to the bill list. Motion Motion Hodson second Pfrommer to adopt Resolution 113, including Pro Stuff invoice in the amount of $28,000 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Resolution (Closed Session-Release) Number Title 114 Resolution authorizing the release of Executive Session Minutes Motion Motion Hodson second Cafero to adopt Resolution 114 Roll Call Vote Cafero/yes Finnerty/abstain Hodson/yes Pfrommer/yes McCullough/yes Approvals Motion Vote Motion Cafero second Pfrommer to approve the regular meeting minutes from the February 7, 2018, Township Committee Meeting All present voted, yes Motion Motion Pfrommer second Hodson to approve the closed session meeting minutes from the January 17, 2018 Township Committee Meeting, pursuant to Resolution 64 of 2018 Roll Call Vote Cafero/yes Finnerty/abstain Hodson/yes Pfrommer/yes McCullough/yes Motion Motion Cafero second Pfrommer to approve the closed session meeting minutes from the February 7, 2018 Township Committee Meeting, pursuant to Resolution 82 of 2018 Roll Call Vote Cafero/yes Finnerty/abstain Hodson/yes Pfrommer/yes McCullough/yes Motion Motion Cafero second Pfrommer to approve departmental reports for the month of January 2018 Page 7 9

8 Vote All present voted, yes Resolutions (Add-on s) Administrator Miller reported on a house fire that occurred last week on Lehigh Avenue. He said the homeowners are seeking permission to place a trailer on the property for six (6) months. Deputy Mayor Hodson expressed concern over possible safety issues at this location including an excess number of vehicles parked on the property. The Deputy Mayor stated the Construction Official needs to assess the property to determine the best area for placement of a trailer. Number Title 118 Resolution granting permission to the Getty family to place a temporary mobile home on their property for a period not to exceed 6 months Motion Motion Cafero second Finnerty to adopt Resolution 118 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Administrator Miller referred to previous discussions regarding a Special Meeting on March 7 th to conduct Police Officer Interviews. He estimated a total of three (3) hours would be needed to conduct these interviews. Mayor McCullough suggested a 3:30 p.m. start time, followed by the regular meeting on March 7 th. Number Title 119 Resolution scheduling special meeting of the Township Committee for March 7, 2018 Motion Motion Cafero, second Hodson to adopt Resolution 119 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Closed Session Number Title 120 Authorizing the Township Committee to convene into a Closed Executive Session to discuss matters which involve legal matters; Court House Towing License Denial 6 months Motion Motion Cafero second Hodson to approve Resolution 120 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Supplemental Agenda Administrator Miller stated the title of Resolution 116 has been revised to extend the 2017 Rotary Towing Contract Licenses through to March 31, Number Title 116 Resolution to extend all rotary towing contract licenses through to March 31, Resolution appointing individuals as part time employees to serve the Department of Parks and Recreation (Germann & Ullrich) Motion Motion Finnerty second Cafero to adopt Supplemental Agenda Resolutions 116 and 117 Roll Call Vote Cafero/yes Finnerty/yes Hodson/yes Pfrommer/yes McCullough/yes Page 8 9

9 Adjournment Motion Vote Motion Finnerty second Cafero to adjourn the meeting All present voted, yes James J. McCullough, Mayor Eileen M. Tedesco, RMC, Township Clerk These minutes approved at the April 4, 2018 Township Committee meeting. Page 9 9

10 Egg Harbor Township Committee Meeting Municipal Building, 3515 Bargaintown Road Egg Harbor Township, NJ Wednesday, February 21, :00 p.m. AGENDA I. Call to Order II. Opening Statement Pursuant to the Open Public Meetings Act III. Roll Call: Joe Cafero Frank Finnerty Paul Hodson Laura Pfrommer James J. McCullough IV. Meeting with Township Engineer Mott V. New Business A. Capital Improvement Cancellation B. Police Construction Detail Overtime C. Area in Need Study (Block 2118, Lot 4) VI. VII. VIII. IX. Hearing Rotary Tow Operator s License Application (5:15 PM) Other Business Video Broadcast/Television Statement Pledge of Allegiance X. Roll Call: Joe Cafero Frank Finnerty Paul Hodson Laura Pfrommer James J. McCullough XI. Ordinances Public Hearing Number Title 2 An ordinance authorizing execution of an agreement for tax abatement with Atlantic Medical Imaging, LLC for property located at 6529 Black Horse Pike (Block 1901, Lots 11 & 12) Purpose The purpose of this ordinance is to grant Atlantic Medical Imaging LLC a tax abatement for a 14,847 square foot radiology/medical imaging facility located at 6529 Black Horse Pike Page 1 4

11 Public Comment Motion Motion to close the public portion of Ordinance 2 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Motion Motion to adopt Ordinance 2 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough XII. Ordinances Introduction Number Title 4 An ordinance to amend Chapter 213 of the Township Code entitled Vehicles and Traffic to establish speed limit on Cates Road Purpose The purpose of this ordinance is to set the speed limit on Cates Road from Dogwood Avenue to West Jersey Avenue at 25 mph. A public hearing on Ordinance No. 4 of 2018 will be held on Wednesday, March 21, Motion Motion to introduce Ordinance 4 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Number Title 5 An ordinance to amend Chapter 195 of the Township Code entitled Streets and Sidewalks Purpose The purpose of this ordinance is to establish a police construction detail overtime rate. A public hearing on Ordinance No. 5 of 2018 will be held on Wednesday, March 21, Motion Motion to introduce Ordinance 5 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Ordinances are available to any member of the general public on our website, XIII. General Public Discussion Motion Vote: To close the public portion of meeting XIV. XV. Engineer s Report Resolutions (Consent Calendar) Number Title 103 Resolution canceling unexpended capital improvement fund balances (various) 104 Resolution transferring monies from one appropriation to another (various) 105 Resolution authorizing the award of a non-fair and open contract for Volunteer Fire Department Life Insurance Policy with Standard Insurance Company 106 Resolution authorizing the execution of 2018 Municipal Aerial Mosquito Control Agreement Page 2 4

12 107 Resolution directing the Egg Harbor Township Planning Board to conduct a preliminary investigation to determine whether or not Block 2118, Lot 4 qualifies as an Area in need of Redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law; and commissioning Polistina & Associates to assist the Planning Board with such investigation 108 Resolution authorizing Person to Person and Place to Place transfer of Plenary Retail Consumption License (9) (Mimicat, LLC to HG20, LLC) 109 Resolution rescinding Resolution 487 of 2017 entitled Resolution granting permission to the Riordan family to place a temporary mobile home on their property for a period not to exceed 6 months 110 Resolution granting permission to the Riordan family to place a temporary mobile home on their property for a period not to exceed 6 months 111 Resolution authorizing the assignment of tax sale certificates for Block 3225, Lot 16 and Block 3223 Lot Resolution authorizing refund of overpaid taxes (various) Motion Motion to approve Consent Calendar Resolutions 103 through 112 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough XVI. Resolution (Bill List) Number Title 113 Authorizing payment of all bills pursuant to Exhibit A Motion Motion to adopt Resolution 113 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough XVII. Resolution (Closed Session-Release) XVIII. Reports Number Title 114 Resolution authorizing the release of Executive Session Minutes Motion Motion to adopt Resolution 114 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Township Committee: Administrator: XIX. Approvals Motion Vote Motion to approve the regular meeting minutes from the February 7, 2018, Township Committee Meeting Page 3 4

13 Motion Motion to approve the closed session meeting minutes from the January 17, 2018 Township Committee Meeting, pursuant to Resolution 64 of 2018 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Motion Motion to approve the closed session meeting minutes from the February 7, 2018 Township Committee Meeting, pursuant to Resolution 82 of 2018 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough Motion Vote Motion to approve departmental reports for the month of January 2018 XX. Closed Session Number Title 115 Authorizing the Township Committee to convene into a Closed Executive Session to discuss matters which may involve personnel and/or legal matters Motion Motion to approve Resolution 115 Roll Call Vote Cafero Finnerty Hodson Pfrommer McCullough XXI. Adjournment Motion Vote Motion to adjourn the meeting Page 4 4

14 Egg Harbor Township Ordinance No An ordinance authorizing execution of an agreement for tax abatement with Atlantic Medical Imaging, LLC for property located at 6529 Black Horse Pike (Block 1901, Lots 11 & 12) WHEREAS, an application has been filed with the Township of Egg Harbor Tax Assessor s Office seeking a tax abatement for ATLANTIC MEDICAL IMAGING, LLC located at 6529 Black Horse Pike, Block 1901, Lots 11 & 12, on the tax map of the Township of Egg Harbor; and WHEREAS, the Tax Assessor for the Township of Egg Harbor has reviewed said application and has determined that same is in proper form to be considered for a Tax Abatement Agreement with the Township; and WHEREAS, the governing body for the Township of Egg Harbor has reviewed the Tax Assessor s recommendation and does concur with same; NOW, THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey as follows: SECTION 1: The Mayor and Township Clerk are hereby authorized to execute an Agreement for Tax Abatement with ATLANTIC MEDICAL IMAGING, LLC for Block 1901, Lots 11 & 12, on the official tax map of the Township of Egg Harbor pursuant to N.J.S.A. 40A:21-1 et seq, and Chapter 201 of the Code of the Township of Egg Harbor. SECTION 2: The Tax Abatement Agreement shall cover the facility described in the application of ATLANTIC MEDICAL IMAGING, LLC dated December 28, 2017, for a new 14,847 square foot medical imaging and radiology facility. SECTION 3: The Tax Abatement Agreement authorized and approved in this Ordinance shall provide for payments in lieu of full property taxes effective January 1, 2018 pursuant to N.J.S.A. 40A:21-1 et seq. SECTION 4: This Ordinance shall take effect upon final passage, adoption, and publication, in the manner prescribed by law. NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE TOWNSHIP COMMITTEE OF EGG HARBOR TOWNSHIP, IN THE COUNTY OF ATLANTIC, STATE OF NEW JERSEY, HELD JANUARY 17, 2018 AND WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER A PUBLIC HEARING THEREON AT A REGULAR MEETING OF SAID TOWNSHIP COMMITTEE TO BE HELD IN THE TOWNSHIP HALL, IN SAID TOWNSHIP ON FEBRUARY 21, Dated: January 17, 2018 Eileen M. Tedesco, RMC Township Clerk

15 Egg Harbor Township Ordinance No An ordinance to amend Chapter 213 of the Township Code entitled Vehicles and Traffic to establish speed limit on Cates Road, as amended BE IT ORDAINED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey as follows: SECTION 1: Chapter 213 of the Code of the Township of Egg Harbor, Section 32B is hereby amended by adding to following: B Name of Street Limit (MPH) Location Cates Road 25 Atlas Avenue to West Jersey Avenue SECTION 2: All ordinances and parts of Ordinances inconsistent with the provisions of this ordinance are, to the extent of such inconsistency, hereby repealed. SECTION 3: Should any section, clause, sentence, phrase or provision of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance. SECTION 4. This Ordinance shall become effective immediately upon final adoption and publication according to law. NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE TOWNSHIP COMMITTEE OF EGG HARBOR TOWNSHIP, IN THE COUNTY OF ATLANTIC, STATE OF NEW JERSEY, HELD FEBRUARY 21, 2018 AND WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER A PUBLIC HEARING THEREON AT A REGULAR MEETING OF SAID TOWNSHIP COMMITTEE TO BE HELD IN THE TOWNSHIP HALL, IN SAID TOWNSHIP ON MARCH 21, Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

16 Egg Harbor Township Ordinance No An ordinance to amend Chapter195 of the Township Code entitled Streets and Sidewalks BE IT ORDAINED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey as follows: SECTION 1: Chapter 195 of the Code of the Township of Egg Harbor, Section is hereby amended by adding to following: E. If it is determined by the Township Police Department that Township Police Officers shall be required to maintain proper traffic control during the course of construction, the cost of each Police Officer shall be ninety dollars ($90) per hour. The contractor shall be required to post fifty percent (50%) of the estimated cost of the Police Officer s scheduled time prior to commencement of the project. Balance will be due immediately upon completion of the work. SECTION 2: All ordinances and parts of Ordinances inconsistent with the provisions of this ordinance are, to the extent of such inconsistency, hereby repealed. SECTION 3: Should any section, clause, sentence, phrase or provision of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance. SECTION 4. This Ordinance shall become effective immediately upon final adoption and publication according to law. NOTICE IS HEREBY GIVEN THAT THE FOREGOING ORDINANCE WAS INTRODUCED AT A MEETING OF THE TOWNSHIP COMMITTEE OF EGG HARBOR TOWNSHIP, IN THE COUNTY OF ATLANTIC, STATE OF NEW JERSEY, HELD FEBRUARY 21, 2018 AND WILL BE FURTHER CONSIDERED FOR FINAL PASSAGE AFTER A PUBLIC HEARING THEREON AT A REGULAR MEETING OF SAID TOWNSHIP COMMITTEE TO BE HELD IN THE TOWNSHIP HALL, IN SAID TOWNSHIP ON MARCH 21, Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

17 Egg Harbor Township Resolution No Resolution canceling unexpended capital improvement fund balances WHEREAS, certain general capital improvement appropriation balances remain dedicated to projects now completed; WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective capital fund; NOW, THEREFORE, BE IT RESOVLED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey that the unexpended balances listed on the annexed Exhibit A be canceled. Dated: February 21, 2018 Attachment: Exhibit A Eileen M. Tedesco, RMC Township Clerk

18 Egg Harbor Township Resolution No Resolution canceling unexpended capital improvement fund balances FUNDS TO BE TRANSFERRED BACK INTO CAPITAL IMPROVEMENT FUND Ord #/Acct # Name Amount FD Vehicles/Equipment $41.51 C PD Communication Center $ C PD Communication Equipment $0.54 C GIS $10, C P25 Radio System $22.81 C PD 4 Wheel Drive Vehicles $0.10 C

19 Egg Harbor Township Resolution No Resolution transferring monies from one appropriation to another WHEREAS, various 2017 bills have been presented for payment this year, which bills were not covered by the order number and/or recorded at the time of transfers between the 2017 budget appropriation reserves in the last two months of 2017; and WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forwarded after the close of the year are available, until lapsed at the close of the succeeding year, to meet specific claims, commitments or contracts incurred during the preceding fiscal year, and allow transfers to be made from unexpended balances which are expected to be insufficient during the first three months of the succeeding year; NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey that the transfers in the amounts indicated on the attached Exhibit A made between the 2017 Budget Appropriation Reserves. Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

20 Egg Harbor Township Resolution No Resolution transferring monies from one appropriation to another APPROPRIATION FROM APPROPRIATION TO Police SW $ 18, Assessor SW $ Administration SW $ 9, Equipment Maint SW $ Planning SW $ 7, Tax OE $ TOTAL $ 18, TOTAL $18,575.00

21 Egg Harbor Township Resolution No Resolution authorizing the award of a non-fair and open contract for Volunteer Fire Department Life Insurance Policy with Standard Insurance Company WHEREAS, the Township of Egg Harbor has a need to renew a life insurance policy for use by the volunteer fire department as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the purchasing agent has determined and certified in writing that the value of the acquisition will exceed $17,500; and WHEREAS, the anticipated term of this contract is for March 1, 2018 through March 1, 2019; and WHEREAS, Standard Insurance Company submitted a proposal on January 17, 2018 indicating they will provide the policy; and WHEREAS, Standard Insurance Company. has completed and submitted a Business Entity Disclosure Certification, which certifies that Standard Insurance Company has not made any reportable contributions to a political or candidate committee in the previous one year, and that the contract will prohibit Standard Insurance Company from making any reportable contributions through the term of the contract; NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township for Egg Harbor, County of Atlantic and State of New Jersey hereby authorizes the Mayor to enter into a contract with Standard Insurance Company as described herein; and BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and BE IT FURTHER RESOLVED, that the Chief Financial Officer certifies the funds are now available in account Insurance OTH: Municipal Excess: $31, Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

22 Egg Harbor Township Resolution No Resolution authorizing the execution of 2018 Municipal Aerial Mosquito Control Agreement WHEREAS, the Atlantic County Department of Public Works has provided the Township with a 2018 Municipal Aerial Mosquito Control Agreement to be executed in order to authorize the Atlantic County Division of Parks and Recreation, Mosquito Control Unit to apply pesticides by aircraft in Egg Harbor Township in the event that high mosquito populations present a nuisance, a health hazard, or both; NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey that the Mayor and Township Clerk are hereby authorized to execute the 2018 Municipal Aerial Mosquito Control Agreement, a copy of which is attached hereto and made a part hereof. Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk attachment

23 2018 Municipal Aerial Mosquito Control Agreement On behalf of the Township of Egg Harbor, I hereby authorize the Atlantic County Department of Public Works, Office of Mosquito Control, to perform aerial application of pesticides for mosquito control over certain areas of the Township of Egg Harbor. I understand that all pesticides and aircraft are those approved for aerial application by both State and Federal governments. Also, these areas to be treated have high populations of mosquitos, being either a nuisance, a health hazard, or both. The Atlantic County Department of Public Works, Office of Mosquito Control shall notify the Township of Egg Harbor s Police Department, the municipality, and local news media prior to each application. Telephone: Address: etedesco@ehtgov.org Attest: Eileen M. Tedesco, RMC Township Clerk James J. McCullough, Mayor

24 Egg Harbor Township Resolution No Resolution directing the Egg Harbor Township Planning Board to conduct a preliminary investigation to determine whether or not Block 2118, Lot 4 qualifies as an Area in need of Redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law; and commissioning Polistina & Associates to assist the Planning Board with such investigation WHEREAS, there exists in Egg Harbor Township ( Township ), an approximate 5 acre parcel located in the Farmington section of the Township of Egg Harbor; and WHEREAS, the property is known as Block 2118, Lot 4 on the Township s tax map; and WHEREAS, the Township is desires of have the property redeveloped; and WHEREAS, in 1992, the New Jersey Legislature empowered local municipalities to address conditions as exist at this property by adopting the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq. - Redevelopment Statute ); and WHEREAS, the purpose of the Redevelopment Statute is to provide municipalities with the tools and powers necessary to (re)plan abandoned, deteriorated, obsolescent or unproductive / under-productive portions of a municipality and to actively redevelop said areas into assets for the community. Such tools include the power to acquire (through negotiations or condemnation) private property deemed necessary to effectuate redevelopment, to clear said lands, to install infrastructure and/or other site improvements and to negotiate and enter into partnerships with public and private entities in order to accomplish certain defined municipal goals and objectives; and WHEREAS, the first step in the redevelopment process as mandated by the Redevelopment Statute is for a municipal Governing Body to direct the municipal Planning Board to undertake what the Statute describes as a Preliminary Investigation to determine if a targeted area meets any one (1) of the eight (8) Statutory Criteria under which an area may be determined to be a Non- Condemnation Redevelopment Area pursuant to N.J.S.A. 40A:12A-5; and WHEREAS, typically, a municipal Planning Board will require the services of a Professional Planning Consultant to assist the Board with such Preliminary Investigation. NOW, THEREFORE, BE IT RESOLVED, that the Egg Harbor Township Committee hereby directs the Egg Harbor Township Planning Board to conduct the necessary investigations, make the requisite public notice and hold the Statutorily-mandated public hearing to determine whether or not the property, more particularly described as Block 2118, Lot 4 on the tax map of the Township of Egg Harbor thereof, does or does not meet the statutory criteria for designation as a Non- Condemnation Redevelopment Area pursuant to the New Jersey Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-5). BE IT FURTHER RESOLVED, that the Township herewith engages the services of Vincent Polistina, Polistina & Associates, a licensed Professional Planner in the State of New Jersey, to assist the Planning Board with this Investigation. BE IT FURTHER RESOLVED, that at the conclusion of the Preliminary Investigation, the

25 Planning Board shall submit its findings and recommendations in the form of a Resolution with supportive documentation. Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

26 Egg Harbor Township Resolution No Resolution authorizing Person to Person and Place to Place transfer of Plenary Retail Consumption License (9) WHEREAS, the Township Committee of the Township of Egg Harbor has received an application from HG20, LLC, for a place-to-place and person-to-person transfer of Plenary Retail Consumption License Number (9) heretofore issued to Mimicat, LLC, 145 S. Annapolis Avenue, Atlantic City, New Jersey 08401(inactive/pocket license); and WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and WHEREAS, the application is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and WHEREAS, the application has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business; and WHEREAS, after full consideration of the matter, the Township Committee came to the conclusion that the application for the place-to-place and person-to-person transfer of said license should be granted; NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey as follows: 1. Approval is hereby granted for the person-to-person transfer of the aforesaid Plenary Retail Consumption License to HG20, LLC, 125 Margate Boulevard, Egg Harbor Township, NJ 08234; and 2. Approval is hereby granted for the place-to-place transfer of the aforesaid Plenary Retail Consumption License to its new location at 125 Margate Boulevard, Egg Harbor Township, NJ (inactive/pocket license); 3. The Township Clerk is hereby directed to endorse the License Certificate as follows: This license, subject to all of its terms and conditions, is hereby transferred to HG20, LLC, 125 Margate Boulevard, Egg Harbor Township, NJ Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

27 Egg Harbor Township Resolution No Resolution rescinding Resolution 487 of 2017 entitled Resolution granting permission to the Riordan family to place a temporary mobile home on their property for a period not to exceed 6 months BE IT RESOLVED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey that Resolution 487 of 2017 is hereby rescinded in its entirety. Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

28 Egg Harbor Township Resolution No Resolution granting permission to the Riordan family to place a temporary mobile home on their property for a period not to exceed 6 months WHEREAS, the Riordan family has requested permission to place a temporary mobile home on their property, 394 Steelmanville Road, known as Block 6901, Lot 9, on the Tax Map of Egg Harbor Township, pending repair work to their home which sustained flood damages during Hurricane Sandy; and WHEREAS, not being able to have a temporary mobile home on their property will create an extreme and undue hardship upon the Riordan family inasmuch as they have no place to reside pending the repairs to their home; NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Egg Harbor, County of Atlantic and State of New Jersey that the Riordan family is hereby permitted to place on their property, all other ordinances notwithstanding, a temporary mobile home for a period of not more than six (6) months from April 1, 2018 to September 30, 2018 in order to afford them the opportunity to make the necessary repairs to their home; and BE IT FURTHER RESOLVED, that no extensions of permission to keep the temporary mobile home on their property shall be granted after said six (6) month period, and that the said mobile home must be removed from the premises by September 30, Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk

29 Egg Harbor Township Resolution No Resolution authorizing the assignment of tax sale certificates for Block 3225, Lot 16 and Block 3223 Lot 16 WHEREAS, N.J.S.A. 54:5-112 and provide the governing body the authority for a municipality to sell municipally held liens at private sale to such person(s) and for the full amount of the certificate, including all subsequent municipal taxes and other municipal charges; and, WHEREAS, English Creek Partner, LLC, 145 S. Annapolis Avenue, Atlantic City, NJ has presented an offer to purchase, by assignment multiple Certificates of Sale which were issued to the Township of Egg Harbor at tax sales held on December 21, 2016 and December 27, 2017 for the amounts set in Exhibit A, being the full amount of the certificate, including all subsequent municipal taxes and other municipal charges; and, NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Egg Harbor, County of Atlantic, State of New Jersey, hereby authorize the Mayor and Municipal Clerk to execute the necessary assignment document to effect assignment of Certificates of Sale as set forth in the annexed Exhibit A. BE IT FURTHER RESOLVED that a certified copy of this resolution is forwarded to the Tax Collector, the Municipal Attorney and the Assignee. Dated: February 21, 2018 Eileen M. Tedesco, RMC Township Clerk Resolution 111 Removed from Consent Calendar and VOID

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