Gloucester City NJ
Cheerleaders Bar winning their lawsuit against the City of Gloucester City is true. Gloucester City Solicitor John Kearney said the judge ruled the City Planning Board violated the owner’s First Amendment rights in March 2010 when it refused his request to operate an adult entertainment club at the site, Route 130 and Klemn Avenue. The owner was also granted $159,000 in attorney fees by the judge. Kearney said the City is appealing the court’s ruling.
COUNCIL MEETING/WORKSHOP
June 14, 2010
The minutes of a regular meeting of the Borough of Pine Hill, County of Camden , State of New Jersey , held on June 14, 2010 . The meeting was called to order by Mayor Costantino at 7:30pm , followed by the Pledge of Allegiance.
The clerk stated that the notice requirements provided for in the Open Public Meetings Act have been satisfied. Notice was properly given and transmitted to the Record Breeze, Blackwood, New Jersey and the Courier Post Newspaper, Cherry Hill, New Jersey, posted on the bulletin board in the Borough Hall and on file with the Borough Clerk of the Borough of Pine Hill all on January 6, 2010.
ROLL CALL:
Present: Mr. Del Rossi, Mr. Green, Mr. Reilly,
Mrs. McCullen, Mr. Knot, Mr. Warrington
Absent:
Professionals Present: Solicitor- Mr. Kearney
Absent: Engineer- Mr. Kelly
GUESTS: Mayor Mark Armbruster – Clementon, Dr. Kenneth Koczur, Mr. Les Gallagher, Jr., Mr. Raymond Hallworth, Mr. Rodger Schwartz, Mrs. Natalie Maguire, Mrs. Lois Parker. 2010 Overbrook Varsity Softball Team. Mayor Phyllis Magazzu of Berlin Township was unable to attend.
Dr. Koczur and Mr. Gallagher, Jr. were presented with Proclamations.
Mrs. McCullen stated how proud she is of the team and proceeded to present the Certificates to the Team members. They set a high standard for the girls in the future.
Individuals invited to attend the June 14 th . Meeting of Pine Hill borough Council to recognize the Outstanding Achievements of the Overbrook High School 2010
Varsity Softball Team are:
Mayor of Berlin Township, Mrs. Phyllis Magazzu
Mayor of Clementon, Mr. Mark Armbruster
Superintendent of Schools, Dr. Kenneth Koczar
President, Pine Hill Board of Education, Mr. Leslie Gallagher, Jr.
Overbrook Varsity Softball Team
Erin Atkinson
Amanda Bakley
Samantha Borrelli
Sarah Buchhofer
Catherine Burke
Michelle Foster
Danielle Greer
Jenna Hohenberger
Jennifer Metzger
Danielle Montaldo
Keanna Ross
Lachelle Rouse
Nichole Snyder
Mary Kate Verespy
Head Coach: Jim Chiumento
Assistant Coach: Colleen DeLucca
Assistant Coach: Jim Puderbach
************************************************
Mayors of Berlin Twp. and Clementon will join with the Mayor Costantino in
presenting proclamations to Dr. Kenneth Koczar and Mr. Les Gallagher, Jr.
Outstanding Athletic Achievement Certificates will be presented to the Varsity
Softball players, Head Coach and Assistant Coaches.
Congratulations to all.
Mayor Costantino complimented Mrs. McCullen on putting the program together.
APPROVAL OF MINUTES: Draft Minutes of May 10, May 17, 2010
PAYMENT OF BILLS:
CORRESPONDENCE:
Chalet Gardens – Jules Lieberman, Esq. attorney for Athenian Properties, LLC the managing agent for Chalet Garden Apartments. Brief background - the Apartments are in receivership. When Athenian Properties took over the property, it was literally a mess. Half of the units were vacant. The prior owners did not pay the Borough's registration fee for inspections. Within a week to ten days after taking over we paid $31,500.00 Working with Mr. Hallworth. Money sorely needed to repair the units. Appealing to Council to waive the penalties. Can Council take this into consideration.??? Penalties now around $20,000.00 this money can be used for the needed improvements of the units.
Mr. Hallworth said this program has been in effect for about two years and the reason for it is to bring up the standard of living for the residents. Chalet was bad, almost every building failed inspection. Repairs, by ordinance, are supposed to be made in sixty days. Nothing happened, that's why we have court proceedings at this point. Explained the penalty process. He does not have the authority to lower the fines. However, he has seen a drastic improvement over the last couple of months. Mayor Costantino asked for recommendations. Mr. DelRossi inquired as to how much time he and Mr. Fisher have invested in this. Inspections were done About August last year. The registrations were paid this year. Mr. Lieberman explained the extenuating circumstances, this problem was already here when the management company took over. By March 4, 2010 the Borough had $31,500.00 which is a substantial amount of money. Mayor Costantino stated that when the consensual receivership went into place there was an awareness that this was pending. The second issue is that it is an ordinance in place and we are not in a position to waive the fees and/or penalties. Mayor Costantino suggested to Council that the amount in question $21,260.00 be considered to be spread out over a six month period
with no interest applied. Discussion followed concerning Council's opinions. Mr. Hallworth stated that 19 units condemned. The forty dollar late fee could possibly be waived on those units. Of the 484 units 80 percent are one bedroom. Problems renting.
Further discussion. Mayor Costantino said Council will take under advisement and let them know by the next meeting.
OLD BUSINESS: ORDINANCES: PUBLIC HEARING: NONE
NEW BUSINESS: ORDINANCE/S: INTRODUCTION:
2010-858 Private Storm Drain Inlet Retrofitting Ordinance
(Introduce 06/21/10 ) (Adopt 07/19/10 )
2010-859 Regarding Dumpsters and Other Refuse Containers
(Introduce 06/21/10 ) (Adopt 07/19/10 )
Mayor Costantino stated that there are three Resolutions to move on tonight. Resolutions 2010-66, 2010-66A and 2010-73.
Mr. DelRossi questioned Resolution 2010-66. Mr. Kearney explained that Borough Ordinance provides for the defense of a Borough Employee. Mr. DelRossi also inquired about Resolution 2010-73. Mayor Costantino explained.
Motion to adopt 2010-66, 2010-66A and 2010-73 made by Mr. Green, seconded by Mr. Reilly. On roll call vote motion carried. (Mr. DelRossi – No on Resolution 2010-73. Mrs. McCullen abstain Resolution 2010-73.)
RESOLUTIONS:
2010-65 Authorize the Clerk to Issue a Raffle License to the Tyler Cardis Foundation
2010-66 Appointing Brown & Connery ( Christine O'Hearn, Esq.) to represent Mr. Kearney , Esq. in a Civil Action Suit.
BE IT RESOLVED , by the Governing Body of the Borough of Pine Hill, county of Camden , State of New Jersey , that Christine O'Hearn of the Law Firm Brown and Connery is retained as legal counsel in the matter of May vs. Kearney .
2010-66A Appointing Brown & Connery ( Christine O'Hearn, Esq.) to represent the
Borough of Pine Hill in a Pending Administrative and EEOC Matter
BE IT RESOLVED , by the Governing Body of the Borough of Pine Hill, County of Camden , State of New Jersey , that Christine O'Hearn of the Law Firm Brown and Connery is appointed to represent the Borough of Pine Hill in a pending
Administrative matter and EEOC matter.
2010-67 Providing for the Insertion of a Special Item of Revenue (Chapter 159)
2010-68 To Establish a Change Fund for the Pine Hill Police Department
2010-69 Authorize the Clerk to Issue the 2010 Liquor License Renewals
2010-70 To Supplement Resolution 2010-58 Concerning the Cause for Dismissal
2010-71 To Permit Public Display of Fireworks – TNGC
Mr. Green inquired about the preparations made for the display. Mayor Costantino stated
That they have posted all the escrows, permit fees and provided proof of insurance.
2010-72 Establish a Police Evidence Account and Provide for Signatories
2010-73 Accept Request for Temporary Leave of Absence for Member of the Pine Hill MUA
BE IT RESOLVED , By the Governing Body of the Borough of Pine Hill, County of
Camden , State of New Jersey that a Leave of Absence be granted to Mr. Franklin
Hartman of the Pine Hill MUA beginning July 1 and ending July 31, 2010 and
BE IT FURTHER RESOLVED , that any stipends following July 1, 2010 be waived
for the period of the Leave of Absence.
Joint Motion to adopt Resolutions 2010-66, 2010-66A and 2010-73 made by Mr. Green,
seconded by Mr. Reilly. On roll call vote motion carried. (Mr. DelRossi voted NO, Mrs. McCullen Abstained).
2010-74 Taxes: Refund
2010-75 Taxes: Adjustment
2010-76 Taxes: Veteran's Deduction
2010-76B Taxes: Waive $20.00 Returned Check Fee
WHEREAS, on May 5, 2010 a check in the amount of $855.80 was applied to 2 nd
quarter taxes on Block 98 Lot 23, also known as 22 Osborn Ave , and said check was
then returned by TD Bank and a return check charge of $20.00 was assessed by the
Borough of Pine Hill, and
WHEREAS , TD Bank has confirmed the check was returned due to a bank error (letter
on file, and
WHEREAS , the owner has requested that due to these circumstances and the fact
That he has been a resident for decades and that he has never been late on his taxes which has been confirmed by the tax collector, that the $20.00 fee be waived.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Pine Hill that the $20.00 return check fee be waived due to the
circumstances.
Motion to adopt Resolution 2010-76B made by Mr. Warrington, seconded by Mr. Green.
On voice vote motion carried.
PUBLIC DISCUSSION:
Mayor Costantino opened the floor to the public.
William Heriegel – 19 Melrose Drive - Inquired as to how many Police Officers have gone out on disability. Mr. Warrington replied two officers are currently out. Mr. Heriegel asked if they would be replaced. Discussion followed concerning light duty and compensation for injured officers. Also questioned about the possibility of a church at 7 th
& Erial Road . Mr. Green replied that they appeared before the Planning Board for a Use Variance and were denied.
Tracy Fox 603 Mason Run – has questions about how the condominium development works with the Borough regarding issues like snow removal, leaf pick-up, etc. Management Company informed the residents that they have a $40,000.00 deficit. Pay taxes just as everyone else in the Borough. Mr. Kearney replied that under the Condo Services Act the Borough is required to provide services for various items. In terms of the snow plowing, if these roads were accepted by the Borough, the Association would have records if the roads were dedicated to the Borough. Regarding the Police Department – The Association paid $55.00 an hour to patrol the development. Mr. Warrington responded that there was a period of time when there was a need to increase patrols in that area. The Association contracted with the Borough, not for the officers on patrol but for a separate officer altogether. Tracy – Why, as a taxpayer, do we need to contract for a Borough Police Officer??? Mr. Warrington explained. Discussion followed. Mr. Kearney stated that the residents of the Condo Association should view the Association as their first contact. Mr. Kearney explained how best to proceed.
Motion to close the floor to the public made by Mr. Warrington, seconded by Mr. Knott. On voice vote motion carried.
16. COUNCIL REPORTS:
Mr. Knott Spring leaf pick-up is done. Two trucks need repair. Large tree taken down at Veteran's Park.
Mr. Warrington Last meeting there was some safety issues at the Bowen Field. Problem corrected. Interboro put new doors in and new locks.
Mr. DelRossi Has a concern with the County. 21/2% Tax rate onto the taxpayers of the County. Calls every year to have the County Roads mowed. Recently, with the pot holes and a separation in the pavement at Branch and Erial, someone could lose control of their vehicle and cause an accident. E-mailed the Freeholders, no answer. Camden county has done nothing for Pine Hill since they reconstructed Blackwood Road . Roads are in terrible condition.
Mrs. McCullen Will have report next week.
Mr. Green Use variance denied for the church at 7 th and Erial Roads. Possibility that they will appeal to Mayor and Council. Hospice may purchase ground on Cross Keys Road.
Mr. Reilly Discussed with Mr. Knott the 4 th of July celebration. Would like to redirect to National Night Out and the Christmas Parade. Drainage problem at the Middle School. Mayor will have MUA check.
Mr. Kelly Waiting for the county to approve CDBG monies for Forrester. We need to reallocate funds. Mr. Kearney questioned if they would like to have a resolution to authorize R&V to go for bids.
2010-83 BE IT RESOLVED, BY THE Governing Body of the Borough of Pine Hill, County of that Paul Kelly of the engineering firm of Remington and Vernick, pending Camden County approval, be authorized to advertise and receive bids for the Forrester Avenue Improvements. (CDBG) (Reallocate Funding Years 29, 30 & 31) and Lake Avenue Improvements (DOT)
Motion to adopt Resolution 2010-83 made by Mr. Warrington, seconded by Mr. Green. On roll call vote motion carried.
Executive Session: 2010-82 06/14/2010
Motion to adjourn to closed session made at 8:55pm by Mr. DelRossi, seconded by Mr. Green. On voice vote motion carried.
Executive Session convened at 8:56pm with all present including Mr. Kelly.
Respectfully submitted,
Loretta Buchanan