TOWNSHIP COMMITTEE MEETING -

TOWNSHIP COMMITTEE MEETING – DECEMBER 5, 2005

7:30 PM MUNICIPAL BUILDING 770 COOPERTOWN ROAD, DELANCO NJ

ROLL CALL: DiCarlo, present; Hinkle, present; Quinn, present; Fitzpatrick, present

Also Present: Twp. Administrator, Mr. Steven Corcoran; Twp. Engineer, Mr. Jay Kruse; Twp. Solicitor, Mr. Doug Heinold; Municipal Clerk, Mrs. Janice Lohr; Deputy Municipal Clerk, Ms. Karen Zimmermann; Chief of Police, Chief Parsons

FLAG SALUTE

Mayor Fitzpatrick led the flag salute.

SUNSHINE STATEMENT

Please be advised that proper notice of this meeting has been given in compliance with the Sunshine Law in the following manner. Written notice has been mailed to the Burlington County Times and the Courier Post and published in the January 3, 2005 editions. Written notice has been posted on the official bulletin board of the Township of Delanco at least 48 hours prior to the meeting.

CERTIFICATION OF ELECTION OF ED DEVINNEY FOR UNEXPIRED TERM

The Municipal Clerk, Mrs. Janice Lohr stated that she received the certificate of election from the Burlington County Board of County Canvassers certifying the election of Ed Devinney to Delanco Township Committee for the one year unexpired term.

OATH OF OFFICE ADMINISTERED TO COMMITTEEMAN DEVINNEY BY ASSEMBLYMAN HERBERT CONAWAY, JR.

New Jersey Assemblyman Herbert Conaway, Jr. administered the oath of office to Committeeman Ed Devinney.

Mayor Fitzpatrick invited Committeeman Ed Devinney to take his place on the dais.

**PRESENTATION OF CERTIFICATES OF APPRECIATION BY MAYOR FITZPATRICK**

Dave Rust presented certificates to the women who worked the Delanco Youth Summer Program Camp.

PRESENTATION – GREEN ACRES GRANT PROGRAM AND APPLICATION

Mr. Jay Kruse and Mr. Joe McGinty representing Birdsall Engineering explained that there were two grants available to Delanco Township:

● Acquisition grant for use in grant funding for reimbursement of funds for the waterfront property of the Mansion

● Development funding for development of Pennington Farm Park

The Township Administrator, Mr. Steven Corcoran, asked Mr. Kruse to outline the dates for the public:

● Submission deadline for grant applications is February 15, 2006

● Public meeting would be regularly scheduled Township Committee meeting on February 6, 2006

● Advertisement thirty days prior to February 6, 2006 Township Committee meeting

● Advertisement fifteen days prior to comply with regulations for public notification for grant applications

MEETING OPEN TO THE PUBLIC

1. David Suter, 725 Delaware Avenue, questioned whether the Township had the ability to resolve the concerns over the issue of the ROSI inventory that has to be done on the Mansion property.

Mr. Kruse confirmed that these issues have been taken care of.

Mayor Fitzpatrick stated that she has asked a representative from Green Acres to attend the next Township Committee meeting to address the concerns and clear the record for the list for the green acres grant application.

2. Mr. Joseph McGinty gave an explanation of the ROSI requirements and stated that it is controlled by the local union.

3. Ralph McCullough, 308 Buttonwood Avenue, questioned the road construction at Pennington Park and expressed his concern that the animals would not have anything to eat.

PRESENTATION – ART BERNARD – PLANNER FOR COAH HOUSING ELEMENTS (THIRD ROUND)

Mr. Bernard gave a lengthy explanation of the Third Round COAH housing elements for Delanco Township. Mr. Bernard asked the Township Committee to endorse the housing element that the Joint Land Use Board is scheduling for adoption and to pass Resolution 2005-163 seeking the courts review of the housing element.

Mayor Fitzpatrick noted that Delanco Township did not meet the COAH obligations for the first and second plan. The third plan states that the obligations have increased and Delanco Township is requesting waivers because of the developer's number that they should have provided. Mayor Fitzpatrick stated that she felt Delanco Township was being double charged for their obligations.

Motion by Jackie DiCarlo, seconded by Kathleen Quinn to adopt Resolution 2005-163.

Roll Call: Devinney, abstain; DiCarlo, yes; Hinkle, yes; Quinn, yes; Fitzpatrick, yes

RESOLUTION 2005-163

ENDORSING HOUSING ELEMENT AND FAIR SHARE PLAN AND AUTHORIZING RELATED ACTIONS

WHEREAS, the Joint Land Use Board of the Township of Delanco, State of New Jersey, will be adopting the Housing Element of the Master Plan on December 12, 2005; and

WHEREAS, a true copy of the resolution of the Joint Land Use Board adopting the Housing Element shall be attached pursuant to N.J.A.C. 5:95-2.2(a)2; and

WHEREAS, the Joint Land Use Board will adopted the Fair Share Plan on December 12, 2005; and

WHEREAS, a true copy of the resolution of the Joint Land Use Board adopting the Fair Share Plan shall be attached pursuant to N.J.A.C. 5:95-2.2(a)2.

NOW THEREFORE BE IT RESOLVED that the Governing Body of the Township of Delanco, State of New Jersey, hereby endorses the Housing Element and Fair Share Plan as adopted by the Delanco Township Joint Land Use Board; and

BE IT FURTHER RESOLVED that the Governing Body of Delanco Township, pursuant to the provisions of N.J.S.A. 52:27D-301 et seq., submits this petition for a judgment of repose regarding the Housing Element and Fair Share Plan to the Superior Court of New Jersey for review and approval; and

BE IT FURTHER RESOLVED that a list of names and addresses for all owners of sites in the Housing Element and Fair Share Plan has been included with the petition; and

BE IT FURTHER RESOLVED that notice of this petition for a judgment of repose shall be published in a newspaper of countywide circulation pursuant to N.J.A.C. 5:95-3.5 within seven days of issuance of the notification letter from the Court’s Special Master indicating that the submission is complete and that a copy of this resolution, the adopted Housing Element and Fair Share Plan and all supporting documentation shall be made available for public inspection at the Delanco Township municipal clerk’s office located at 770 Coopertown Road, Delanco, New Jersey 08075, during the hours of 9:00 a.m. to 4:30 p.m. on Monday through Friday for a period of 45 days following the date of publication of the legal notice pursuant to N.J.A.C. 5:95-3.5.

ORDINANCE 2005-29

CREATING AN AFFORDABLE HOUSING OVERLAY AT CHAPTER 110-34.1 CONTINUED 2ND READING AND PUBLIC HEARING

WHEREAS, the Township Committee of the Township of Delanco desires to address its obligations under the Third Round requirements promulgated by the Council on Affordable Housing “COAH”; and

WHEREAS, Block 1802, Lot 2 is currently zoned Residential – 3 (“R-3”), governed by Chapter 110-26 of the Township Code of the Township of Delanco; and

WHEREAS, Block 2100, Lots 3, 3.01, 3.02, 3.03, 6, 7, 8.01 and 8.02 are currently zoned Planned Residential Development – Village District (“PRD-V”), governed by Chapter 110-34 of the Township Code; and

WHEREAS, the Township has determined that the above properties are suitable for development of on-site affordable housing; and

WHEREAS, the Township desires to require affordable housing be built upon these properties; and

WHEREAS, the Township desires to create a new overlay zone, referred to as the Affordable Housing Overlay District (“AHO”).

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Delanco, County of Burlington and State of New Jersey that Chapter 110-34.1 is hereby created as follows:

Section One.

§ 110-34.1 Affordable Housing Overlay District.

A. Purpose. It is the purpose of this district to provide an overlay of existing zoning to add certain affordable housing requirements and regulations in order to satisfy the Third Round obligations promulgated by the Council on Affordable Housing.

B. The Affordable Housing Overlay District shall consist of Block 1802, Lot 2, zoned Residential–3 (“R-3”) and Block 2100, Lots 3, 3.01, 3.02, 6, 7, 8.01 and 8.02 zoned “Planned Residential Development – Village” (“PRD-V”). These properties will continue to remain part of those zones and development of those properties shall comport with said zoning designations unless otherwise set forth below.

C. Properties within this overlay zone shall provide a set-aside of low and moderate income housing. The minimum set-aside shall be 20 percent if the low and moderate income units are for sale and 15 percent if the low and moderate income units are for rent.

Section Two. General Repealer.

All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency only.

Section Three. Severability.

In the event that any clause, section, paragraph or sentence of this Ordinance is deemed to be invalid or unenforceable for any reason, then the Township Committee hereby declares its intent that the balance of the Ordinance not affected by said invalidity shall remain in full force and effect to the extent that it allows the Township to meet the goals of the Ordinance.

Section Four. Effective Date.

This Ordinance shall take effect upon final passage and publication according to law.

ACKNOWLEDGEMENT OF RECEIPT OF CONSISTENCY REVIEW LETTER FROM JOINT LAND USE BOARD

Mayor Fitzpatrick noted that the Township Committee has received the consistency review letter from the Joint Land Use Board regarding Ordinance 2005-29.

The Township Solicitor, Mr. Douglas Heinold, stated that this implements the aspects relative to the two developments creating an incentive for rental units.

HEARING OPEN TO THE PUBLIC

Mayor Fitzpatrick opened the hearing to the public.

1. Steve Schofield, 400 Burlington Avenue, asked the Township Committee for an education on the difference between COAH rental units and private rental properties.

2. Dave Suter, 725 Delaware Avenue, questioned how the Township Committee determines which organization manages the COAH rental units.

3. Jean Mastalesz, 97 Shipps Way, questioned whether it would be required for a certain COAH percentage to be on-site in a new development. Ms. Mastalesz stated that she did not want to see Delanco Township blindsided again by a developer.

4. Marlene Jass, 4 McCay Way, questioned if they allowed for buy downs and gut rehabs in the third round, and what kind of credits they received.

Motion by Jackie DiCarlo, seconded by Joan Hinkle to adopt Ordinance 2005-29.

Roll Call: Devinney, yes; DiCarlo, yes; Hinkle, yes; Quinn, yes; Fitzpatrick, yes

ORDINANCE 2005-31

AUTHORIZING ACCEPTANCE OF ENTERPRISE DRIVE FROM TKC XL VII OF DELANCO URBAN RENEWAL, LLC

2ND READING AND PUBLIC HEARING

WHEREAS, the Township Committee of the Township of Delanco (hereinafter the “Township”) created a redevelopment zone in the Industrial Zone of the Township; and

WHEREAS, TKC XL VII of Delanco Urban Renewal, LLC (hereinafter “TKC”) is the owner of the site being used by NVR Building Products, Co. location in Delanco Township at Block 1900, Lot 6 and part of Lot 7 due to the redevelopment opportunities available in Delanco Township; and

WHEREAS, TKC received approvals from the Delanco Township Joint Land Use Board by Resolution 2002-13, memorialized on August 6, 2002, which approvals will result, upon formal filing with the County Clerk, in the consolidation of the Lots to be designated as Lot 6; and

WHEREAS, TKC received amended approvals from the Delanco Township Joint Land Use Board by Resolution 2004-09, memorialized on July 6, 2004, which approvals will result, upon formal filing with the County Clerk, in the reconstitution of Lot lines to include the entire drive area in Lot 6, to be now designated as Lot 6.02 or as determined by the Tax Assessor; and

WHEREAS, NVR has control over the access drive, or upon filing of an easement from Albert E. Price, Inc., will have control, with authority therein to convey the access drive to the Township as a public street; and

WHEREAS, planners reviewing the approved plan suggested that the first 843.83 feet, as measured along the easterly line, of the access drive indicated by TKC be used by future developers of the neighboring properties of Lots 7 and 8; and

WHEREAS, this proposal thereby reduced the potential for three (3) access drives leading out to Coopertown Road, providing better and safer traffic flow along Coopertown Road; and

WHEREAS, due to issues raised during the construction of Enterprise Drive, the Township had originally intended to accept Enterprise Drive in 2002, but then elected not to; and

WHEREAS, in the interim the Township has become involved in and made aware of a number of disputes between redevelopers now using or intending to use the access drive; and

WHEREAS, the issues that raised concern and led the Township to decline accepting Enterprise Drive as a public street have been sufficiently resolved; and

WHEREAS, the Township finds that the best interests of the redevelopment zone and the public at large, given the functional use of the access drive, is as a public street referred to as “Enterprise Drive”; and

WHEREAS, acceptance of the first 848.83 feet of Enterprise Drive will meet this goal, as referenced on the plan submitted by Lippincott and Jacobs, engineers for the developer, and incorporated herein by reference; and

WHEREAS, the acceptance of this portion of the drive will create a public street allowing the Township to enforce sight triangles on this access street, thereby ensuring safety for the traveling public along Coopertown Road; and

WHEREAS, the Township Committee desires to name the street “Enterprise Drive.”

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Delanco that:

1. The Township Committee agrees to accept the first 848.83 feet of the access drive, more particularly described on Exhibit 'A' attached hereto and made a part hereof, previously constructed by and at the expense of TKC and currently being used by Price Holdings and soon to be used by Simonik Moving and Storage, and, following the adoption of this ordinance, shall assume all maintenance responsibilities therefor.

2. Following acceptance, the Delanco Township Tax Map shall be amended to reflect this new public street.

3. The Township Committee hereby names this new public street “Enterprise Drive.”

4. As part of this acceptance, in order to ensure adequate use of Enterprise Drive for the primary users of the drive, including NVR and the other redevelopers, the Township finds that the adjacent property owners/ redevelopers shall be permitted on an infrequent basis, to park or stage on Enterprise Drive, provided there is no disruption or blockage of access to the respective properties abutting Enterprise Drive.

HEARING OPEN TO THE PUBLIC

Mayor Fitzpatrick opened the hearing to the public.

HEARING CLOSED TO THE PUBLIC

Since there were no comments or questions from the public, Mayor Fitzpatrick closed the hearing to the public.

Motion by Joan Hinkle, seconded by Jackie DiCarlo to adopt Ordinance 2005-31.

Roll Call: Devinney, yes; DiCarlo, yes; Hinkle, yes; Quinn, yes; Fitzpatrick, yes

ORDINANCE 2005-32

AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED "AN ORDINANCE OF THE TOWNSHIP OF DELANCO PROVIDING FOR AND DETERMINING THE RATE OF COMPENSATION OF OFFICERS AND EMPLOYEES"

2ND READING AND PUBLIC HEARING

BE IT ORDAINED AND ENACTED BY THE Township Committee of the Township of Delanco, County of Burlington, and State of New Jersey, that:

Section 1. Section 2 of the Ordinance entitled above to which this Ordinance is an amendment, is hereby amended to provide as follows:

Section 2. The rates of compensation of an employee shall be payable as follows:

2005 PER ANNUM

Housing Officer $10,000

Section 3. The rates of compensation for Township Employee as set forth above shall be deemed the basis of Overtime. Overtime will be paid at the rate of one-and-one-half (1 1/2) times the base rate for the time worked. The above provision may be subject to and modified by specific provision of any union contract. Overtime compensation shall not be paid to salaried management personnel without the approval by the Township Committee.

Section 4. This Ordinance shall take effect upon the approval and publication of this Ordinance according to law. All compensation shall be retroactive to January 1, 2005.

HEARING OPEN TO THE PUBLIC

Mayor Fitzpatrick opened the hearing to the public.

HEARING CLOSED TO THE PUBLIC

Since there were no comments or questions from the public, Mayor Fitzpatrick closed the hearing to the public.

Motion by Joan Hinkle, seconded by Kathleen Quinn to adopt Ordinance 2005-32.

Roll Call: Devinney, yes; DiCarlo, yes; Hinkle, yes; Quinn, yes; Fitzpatrick, yes

CONSENT AGENDA ITEMS:

(“Consent Agenda items are considered to be routine and will be enacted with a single motion. Any item requiring discussion will be removed from the Consent Agenda; all Consent Agenda items will be reflected in full in the minutes.”)

Mayor Fitzpatrick removed Resolution 2005-163 from the consent agenda.

ORDINANCE 2005-33

AMENDING CHAPTER 150-3 OF THE CODE OF THE TOWNSHIP OF DELANCO, GOVERNING FEES UNDER THE UNIFORM CONSTRUCTION CODE AND CHAPTER 50-39 GOVERNING FEES FOR LAND USE APPLICATIONS

*1ST READING BY TITLE ONLY AND SET PUBLIC HEARING DATE FOR DECEMBER 19, 2005

ORDINANCE 2005-34

AN ORDINANCE OF THE TOWNSHIP OF DELANCO AMENDING CHAPTER 58 OF THE LAND USE AND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF DELANCO TO FACILITATE THE PROVISION OF AFFORDABLE HOUSING IN THE THIRD HOUSING CYCLE IN CONNECTION WITH RESIDENTIAL AND NONRESIDENTIAL GROWTH AND DEVELOPMENT

*1ST READING BY TITLE ONLY AND SET PUBLIC HEARING DATE FOR DECEMBER 19, 2005

ORDINANCE 2005-35

AMENDING CHAPTER 234 GOVERNING "RENTAL PROPERTY"

*1ST READING BY TITLE ONLY AND SET PUBLIC HEARING DATE FOR DECEMBER 19, 2005

RESOLUTION 2005-160

PROVIDING FOR THE INSERTION OF ANY SPECIAL ITEM OR REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY PURSUANT TO N.J.S. 40A:4-87 CHAPTER 159, P.L. 1985)

WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Delanco, in the County of Burlington, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget year 2005 in the sum of $942.47 which item is now available as a revenue from the Body Armor Fund in the amount of $942.47 pursuant to the provisions of the statute.

BE IT FURTHER RESOLVED that the above is a result of a FY2005 Body Armor Fund.

BE IT FURTHER RESOLVED that two (2) certified copies of this resolution be forwarded to the Director of the Division of Local Government Services.

RESOLUTION 2005-161

PROVIDING FOR THE INSERTION OF ANY SPECIAL ITEM OF REVENUE IN THE BUDGET OF ANY COUNTY OR MUNICIPALITY PURSUANT TO N.J.S. 40A:4-87 CHAPTER 159, P.L. 1985)

WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Delanco, in the County of Burlington, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget year 2005 in the sum of $3,108.27 which item is now available as a revenue from the FY2005 Click It or Ticket Fund in the amount of $3,108.27 pursuant to the provisions of the statute.

BE IT FURTHER RESOLVED that the above is a result of a Division of State Library Per Cap Library Sate Aid.

BE IT FURTHER RESOLVED that two (2) certified copies of this resolution be forwarded to the Director of the Division of Local Government Services.

RESOLUTION 2005-162

AMENDING RESOLUTION 2005-147 TO CLARIFY CONDITIONS OF SALE OF BLOCK 1803.01, LOT 8 AND BLOCK 1803, LOT 13

WHEREAS, the Township of Delanco previously passed Resolution 2005-247 on November 4, 2005, authorizing the subdivision and sale of Block 1803.01, Lot 8, and Block 1803, Lot 13 (hereinafter “the Property”) in the Township of Delanco; and

WHEREAS, the Township desires to clarify certain conditions related to same.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee for the Township or Delanco, County of Burlington, State of New Jersey as follows:

Section 1. Clarification of Conditions:

A. In lieu of setting a minimum bid or undisclosed reserve, the Township reserves the right to reject any and all bids on any of the properties.

B. The modification above is intended to clarify the existing conditions of sale in accordance with guidance provided by the Township’s appointed professional auctioneer. The terms of the prior resolution authorizing the sale of these properties remain unaffected.

PAYMENT OF BILLS

ACCOUNT AMOUNT

GENERAL $491,044.51

PAYROLL 70,793.94

CAPITAL 79,418.99

TRUST 9,203.25

HOUSING TRUST 2,309.68

GENERAL ACCOUNT – DECEMBER 5, 2005

21994 BELMONT & CRYSTAL SPRINGS 19.47

21995 CERTIFIED SPEEDOMETER SERV INC 34.00

21996 CLEAN RENTAL SERVICES INC 244.56

21997 COURIER POST 104.34

21998 CAPITAL ACCOUNT 43,750.00

21999 COMCAST 155.00

22000 CKS/MERCANTINI ELECTRIC 250.00

22001 CINTAS CORP 187.65

22002 DELANCO TWP BOARD OF EDUCATION 359,711.00

22003 DELANCO FIRE COMMISSIONERS 17,666.67

22004 DELANCO PUBLIC LIBRARY ASSOC 4,407.59

22005 DELAGE LANDEN FINANCIAL SERV 159.25

22006 FRED'S TRAILER PARTS CENTER 500.00

22007 GALLS INC 8.99

22008 GARDEN STATE ELECT INSP SERV 4,231.40

22009 JOAN HINKLE 46.27

22010 LOWTHERS SMALL ENGINE INC 48.27

22011 LIBERTY PRESS OF SJ INC 123.00

22012 JOHN MILLER 410.00

22013 MOORESTOWN GARDENS CORP 575.00

22014 MICHELMAN & BRICKER PC 825.00

22015 LENORE MORAIS 75.00

22016 NJ AMERICAN WATER CO 546.25

22017 NJ STATE HEALTH BENEFIT PROG 23,737.64

22018 OCCUPATIONAL TRAINING CENTER 1,200.00

22019 PEDRONI FUEL CO 6,130.40

22020 PSE&G 5,593.97

22021 PAYROLL ACCOUNT 7,310.27

22022 PARKER MCCAY-ATTORNEYS AT LAW 2,528.26

22023 PJ CARRAFA INSPECTIONS 445.00

22024 PICS ON-LINE 50.00

22025 RED THE UNIFORM TAILOR INC 385.95

22026 SAFEGUARD BUSINESS SYSTEMS INC 120.98

22027 STEWART BUSINESS SYSTEMS 98.25

22028 TERMINIX INTERNATIONAL 147.00

22029 TOWNSHIP OF DELRAN 918.50

22030 MICHAEL W THOMPSON 410.00

22031 VERIZON CABS 181.68

22032 VERIZON 291.31

22033 W B MASON CO INC 359.84

TOTAL $483,987.76

CAPITAL

1457 WAUSAU TITLE 593.00

1458 PARKER MCCAY-ATTORNEYS AT LAW 6,126.83

1459 DELANCO TWP CURRENT FUND 71,799.00

1460 HOME IMPROVEMENTS BY PAUL 960.16

TOTAL $79,418.99

HOUSING

110 PARKER MCCAY-ATTORNEYS AT LAW 2,309.68

TOTAL $2,309.68

CURRENT

21992 PAYROLL ACCOUNT 34,663.80

21993 PAYROLL ACCOUNT 36,130.14

TOTAL $70,793.94

TRUST

1763 DILWORTH PAXSON LLP 2,185.00

1764 TAYLOR DESIGN GROUP INC 2,122.50

1765 BIRDSALL ENGINEERING INC 4,895.75

TOTAL $9,203.25

APPROVAL OF MINUTES – 11/4/05

APPROVAL OF CONSENT AGENDA

Motion by Jackie DiCarlo, seconded by Joan Hinkle to approve the consent agenda.

Roll Call: Devinney, yes; DiCarlo, yes; Hinkle, yes; Quinn, yes with the exception of approval of 11/04/05 minutes; Fitzpatrick, yes

DISCUSSION ITEMS:

1. AWARD OF CONTRACT FOR PREPARATION AND SUBMISSION OF GREEN ACRES APPLICATION (Birdsall Engineering)

RESOLUTION 2005-164

RESOLUTION AUTHORIZING THE AMOUNT OF THE AWARD OF CONTRACTS FOR PROFESSIONAL SERVICES

WHEREAS, there exists the need for Grant services for a Green Acres grant that will be submitted by the Township; and

WHEREAS, funds are available for this purpose; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et. seq.) requires that a resolution authorizing the award of contracts for “professional services” without competitive bids and contracts must be available for public inspection; and

WHEREAS, the Township solicitor has certified that this meets the statute and regulations governing the award of said contracts.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Delanco, county of Burlington and State of New Jersey that:

Section 1. The Mayor and Township Clerk are hereby authorized and directed to execute the agreements with Birdsall Engineering, Inc. for Grant services for the formulation, preparation and submission of a Green Acres Application on behalf of the Township subject to review of the rate schedules and approval by the Township Committee as to the respective contract.

Section 2. This contract is awarded without competitive bidding as a “Professional Service” under the provisions of the Local Public Contracts Law because it is a recognized profession under the laws of the State of New Jersey, and therefore, not possible to obtain competitive bids.

Section 4. Notice of said action shall be published in the Burlington County Times as required by law.

Motion by Jackie DiCarlo, seconded by Kate Fitzpatrick to approve Resolution 2005-164.

Roll Call: Devinney, yes; DiCarlo, yes; Hinkle, yes; Quinn, yes; Fitzpatrick, yes

2. POLICY FOR INSTITUTING THE RFP/RFQ PROCESS FOR AWARD OF CERTAIN PROFESSIONAL CONTRACTS IN THE YEAR 2006

● The Township Solicitor, Mr. Douglas Heinold distributed packets to the Township Committee members and explained the policy, threshold and public notification requirements.

● Mayor Fitzpatrick clarified the fact that if the Township Committee passes this policy, each separate board can choose to do the RFP/RFQ.

● The Township Administrator, Mr. Steven Corcoran, suggested taking more time to discuss this issue.

● The Township Committee collectively decided to discuss the RFP/RFQ policy and table this until the next Township Committee meeting on December 19, 2005.

MEETING OPEN TO THE PUBLIC

Mayor Fitzpatrick opened the meeting to the public.

1. Joe Holland, 73 Shipps Way, asked the Township Committee to authorize the Township Engineer to meet with the Pulte Homes Engineer to discuss and resolve the drainage problem at Newton's Landing. A discussion ensued.

2. Marlene Jass, 4 McCay Way, reported that the water basins on Pennington Court were clogged during the last rain storm. A discussion ensued.

3. Greg Roberts, 304 Holly Street, stated that it is difficult for him to park his vehicle on Holly Street. Mr. Roberts asked if he could have a parking space established in front of his home. Chief Parsons supported this request. A discussion ensued.

4. Karen Stypinski, 830 Pennsylvania Avenue, questioned the parking situation on Pennsylvania Avenue. A discussion ensued regarding New Jersey Transit.

5. Bill Trimble, 430 Perkins Lane, expressed his concern with the sale of the properties on West Avenue regarding the cul-de-sacs and if the Township's fire apparatus can maneuver around them.

6. Peter Hatton, 420 Illinois Avenue, expressed his concern and issues with what was passed at the recent Joint Land Use Board meeting. Mr. Hatton stated that he requested, for years, through John Fenimore, his desire to purchase the property at the end of Illinois Avenue. A discussion ensued. Mayor Fitzpatrick read a letter that she personally sent to the homeowners adjoining the properties for sale.

7. Dave Conroy, 420 Iowa Avenue:

● expressed his concern regarding the turning problem at the end of Iowa Avenue

● questioned why the properties were for sale

The Township Solicitor, Mr. Douglas Heinold, explained the notification process and the subdivision application for the sale of the properties.

8. Tim Beckendorf, 421 Illinois Avenue:

● questioned snow removal at cul-de-sac

● questioned sewer and drainage problems on Illinois Avenue

9. Dave Rust, 411 Illinois Avenue, reported that he also has a drainage problem on Illinois Avenue.

10. Herb Rambo, 416 Kansas Avenue, stated that he is opposed to development that will affect people's lives.

11. Lorraine Jordan, 453 West Avenue, asked the Township Committee not to build on the narrow strip of land.

12. Dave Beckendorf, 200 Washington Street, questioned how much the Township would make on the sale of these lots and how much the improvements would cost.

Mayor Fitzpatrick expressed her concern about this issue and asked the Township Committee for their opinion for the auction of these lots. The Township Committee collectively expressed their opposition to the sale of these lots. Mayor Fitzpatrick stated that she would like to withdraw the application for the auction and if that is not possible that the Township Committee will not accept any bids for these properties, and that the properties remain as they are for now.

13. Mr. Hatton, 420 Illinois Avenue, made a comment about a statement that was made at the Joint Land Use Board meeting. The Township Solicitor, Mr. Heinold clarified the issue.

14. Bill Trimble, 430 Perkins Lane, made some comments about the size of the lots and asked the Township Committee to consider not accepting any bids.

15. Craig Hearl, 419 Illinois Avenue, thanked the Township Committee for their consideration and urged them to turn down the bids.

16. Steve Schofield, 400 Burlington Avenue, expressed his concern about open space.

17. Jean Oram, 405 Illinois Avenue, stated that she owns two lots on Illinois Avenue and thanked the Township Committee for their consideration and asked them to consider not accepting any bids. Mrs. Oram complained about the condition of the building on 412 Illinois Avenue. Mrs. Oram stated that they are moving furniture into the building and she thought that they were only permitted to store paper in the building. Mayor Fitzpatrick instructed the Township Administrator to have the Code Enforcement Officer check on this property.

The Township Solicitor, Mr. Heinold, suggested that the Township Committee make a motion to either indicate to the auctioneer not to move forward with the sale or if the auctioneer feels obligated at this point to move forward with the sale, and that interested parties be notified that the Township Committee will reject all bids.

Motion by Mayor Fitzpatrick, seconded by Jackie DiCarlo to notify the auctioneer that the Township Committee is withdrawing the lots from the auction or they will be rejecting all the bids.

Roll Call: Devinney, yes; DiCarlo, yes; Hinkle, yes; Quinn, yes; Fitzpatrick, yes

Motion by Mayor Fitzpatrick, seconded by Jackie DiCarlo to adjourn the meeting.

Roll Call: Devinney, yes; DiCarlo, yes; Hinkle, yes; Quinn, yes; Fitzpatrick, yes

Janice M. Lohr, RMC

Municipal Clerk

December 5, 2005