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The Meeting of the City of Burlington Common Council, County of Burlington, State of New Jersey, Was Held on Tuesday, May 14, 20

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The Meeting of the City of Burlington Common Council, County of Burlington, State of New Jersey, Was Held on Tuesday, May 14, 20 THE MEETING OF THE CITY OF BURLINGTON COMMON COUNCIL, COUNTY OF BURLINGTON, STATE OF NEW JERSEY, WAS HELD ON TUESDAY, MAY 14, 2013, AT 7:00 PM, IN THE CITY HALL, 525 HIGH STREET, BURLINGTON, NJ, PURSUANT TO THE OPEN PUBLIC MEETINGS ACT. The Deputy Municipal Clerk advised the public of the location of the two fire exits; one on the left after exiting the Council Chamber and the other being the entrance to the building. Members present: Mr. Babula, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Ms. Woodard.(5) Absent: Mr. Conaway, Ms. Mercuri. (2) Also present: Municipal Attorney- Katelyn M. McElmoyl, Director of Housing- David Ballard, Lt. Snow and Carl Turner, Director of Public Works. The following notice of the meeting was sent: There will be a Meeting of the Common Council of the City of Burlington held on May 14, 2013 at 7:00 PM, prevailing time at the City Hall Building, 525 High Street, Burlington, N.J. 08016. Cindy A. Crivaro, RMC Municipal Clerk SALUTE TO FLAG PRESENTATIONS Recognition of Burlington City High School ROTC Seniors Introduction of Officer Justin Zeuner UNFINISHED BUSINESS None. CONSENT AGENDA Councilwoman Hatala, moved that all Consent Agenda items be approved. It was seconded by Councilman Ghaul. Councilwoman Woodard then made a motion to remove Resolution No. 131-2013 from the Consent Agenda. Councilman Babula then made a motion to remove Resolution No. 127-2013 from the Consent Agenda. All were in favor. Absent: Mr. Conaway, Ms. Mercuri. (2) APPROVAL OF INVOICES* Approved by Consent Agenda. All were in favor. Absent: Mr. Conaway, Ms. Mercuri. (2) ORDINANCE(S) - INTRODUCTION & FIRST READING AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF BURLINGTON, AMENDING THE CODE OF THE CITY OF BURLINGTON RELATED TO HISTORIC PRESERVATION Upon the motion of Councilwoman Woodard, seconded by Councilwoman Hatala, the foregoing ordinance was adopted by the following roll call vote: AYES: Mr. Babula, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Ms. Woodard. (5) NAYS: (0); ABSTAIN: (0); ABSENT: Mr. Conaway, Ms. Mercuri. (2). RESOLUTIONS / CONSENT AGENDA RESOLUTIONS* Resolution No. 125-2013 RESOLUTION TO AMEND ADOPTED BUDGET FOR AN CLEAN COMMUNITIES GRANT FROM THE NJ DEPARTMENT OF ENVIRONMENTAL PROTECTION WHEREAS, N.J.S. 40A:4-87 provides that the Director 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 an item of appropriation for equal amount, and WHEREAS, the City of Burlington received Clean Communities Grant in the amount of $19,571.47 from the New Jersey Department of Environmental Protection; SECTION 1 NOW THEREFORE, BE IT RESOLVED that the City of Burlington hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2013 in the sum of $19,571.47 as follows which item is now available as a revenue from: Miscellaneous Revenues - Section F: Special Items of General Revenue Anticipated with Prior Written Consent of Director of Local Government Services - Public and Private Revenues Offset with Appropriations: Clean Communities Grant $ 19,571.47 SECTION 2 BE IT FURTHER RESOLVED that a like sum of $ 19,571.47 be and the same is hereby appropriated under the caption of: General Appropriations Operations-Excluded from "CAP" Public and Private Programs Offset by Revenues: Clean Communities Grant $ 19,571.47 Upon the motion of Councilwoman Woodard, seconded by Councilwoman Hatala, the foregoing resolution was adopted by the following roll call vote: AYES: Mr. Babula, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Ms. Woodard. (5) NAYS: (0); ABSTAIN: (0); ABSENT: Mr. Conaway, Ms. Mercuri. (2). Resolution No. 126-2013 RESOLUTION NO. 126-2013 OF THE COMMON COUNCIL OF THE CITY OF BURLINGTON, ACTING as the CITY OF BURLINGTON REDEVELOPMENT AGENCY, AUTHORIZING the city to EXECUTE A REDEVELOPMENT AGREEMENT WITH Mcneal’s Harbor REDEVELOPMENT, LLC for the redevelopment of PROPERTY DESIGNATED AS BLOCK 226, LOTS 1.02, 1.03, 1.05, 1.06, 1.07, AND 1.08 AND BLOCK 203, LOTS 1 AND 2.02 WHEREAS, the Common Council of the City of Burlington, acting as the “City of Burlington Redevelopment Agency” (“Council”) designated Block 226, Lots 1.02. 1.03, 1.05, 1.06, 1.07, and 1.08, and Block 203, Lots 1 and 2.02 (“defined Redevelopment Area”) as an area in need of redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and defined Redevelopment Area is subject to a valid Redevelopment Plan (the “McNeal Mansion Redevelopment Plan”), adopted via Ordinance which identifies the defined Redevelopment Area; WHEREAS, the Council has been designated as redevelopment entity under the Redevelopment Plan to acquire and convey property, contract for professional services, enter into long term financial agreements, grant tax exemptions/abatements, redevelop property, and collect revenue from redevelopers to defray costs of the redevelopment entity with regard to the defined Redevelopment Area pursuant to the “Redevelopment Plan” adopted by the Council pursuant to Ordinance; and WHEREAS, pursuant to the Local Redevelopment and Housing Law (“LRHL”), the City has determined to act as the “Redevelopment Entity” (as defined in NJSA 40A;12A-3) for the redevelopment of the Redevelopment Area set forth herein; and WHEREAS, pursuant to N.J.S.A 40A:12A-8(f), the City of Burlington is authorized to arrange or contract with redevelopers for the planning, replanning, construction, or undertaking of any redevelopment project; and WHEREAS, the Council, as redevelopment entity, conducted a diligent search for a Master Redeveloper qualified to redevelop the defined Redevelopment Area; and WHEREAS, as a result of discussions, meetings, a presentation, and negotiations between the Council and McNeal’s Harbor Redevelopment, LLC (“MHR”), the Council designated MHR as Master Redeveloper for the defined Redevelopment Area designated as Block 226, Lots 1.02. 1.03, 1.05, 1.06, 1.07, and 1.08, and Block 203, Lots 1 and 2.02 conditioned upon negotiation of and entry into a Redevelopment Agreement to be executed by and between MHR and the Council to guide the development of the Redevelopment Area; and WHEREAS, the Council has now had the opportunity to review several drafts of a Redevelopment Agreement as prepared by the City’s Redevelopment Attorney and counsel for MHR; and WHEREAS, the Council has also had the opportunity to discuss this matter with the City’s Redevelopment Attorney and MHR at various Council meetings; and WHEREAS, MHR, in its role as Master Redeveloper, has agreed to all terms of the draft Redevelopment Agreement as approved by Council and the City’s Redevelopment Attorney; and WHEREAS, the Council has determined it is in the best interests of the City of Burlington and its citizens to authorize the execution of the final Redevelopment Agreement. NOW THEREFORE, BE IT RESOLVED that the Council authorizes the following: The execution of a Redevelopment Agreement between MHR and the City, as drafted by the City’s Redevelopment Attorney and as reviewed by Council. 2. That a copy of the fully executed Redevelopment Agreement shall remain on file in the City Clerk’s office. Effective Date: This Resolution shall take effect immediately upon adoption. Upon the motion of Councilwoman Woodard, seconded by Councilman Babula, the foregoing resolution was adopted by the following roll call vote: AYES: Mr. Babula, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Ms. Woodard. (5) NAYS: (0); ABSTAIN: (0); ABSENT: Mr. Conaway, Ms. Mercuri. (2). Resolution No. 127-2013 Common Council of the City of Burlington, hereby authorizes the Municipal Clerk to issue a Mercantile License to W & D Imports Realty, LLC c/o Glen R. Davis, 1555 Cartpath Court, Yardley, PA to operate a business at 40 Route 130 W. t/a “Davis Honda.” Upon the motion of Councilman Babula, seconded by Councilwoman Woodard, the foregoing resolution was introduced. On the question, Councilman Babula thanked Honda for having a vision in the City of Burlington; hope that they are here a long time. The resolution was then adopted by the following roll call vote: AYES: Mr. Babula, Mr. Ghaul, Ms. Hatala, Ms. Lollar, Ms. Woodard. (5) NAYS: (0); ABSTAIN: (0); ABSENT: Mr. Conaway, Ms. Mercuri. (2). Resolution No. 128-2013* A resolution providing for a meeting not opened to the public in accordance with the provisions of the New Jersey Open Public Meetings Act. N.J.S.A. 10:4-12: Therefore be it resolved by the Common Council, of The City of Burlington, assembled in public session on May 7, 2013, that an Executive Session Closed to the Public shall be held on May 7, 2013, in the Council Meeting Room, for discussion of matters relating to the specific items designated in this resolution: Real Estate/Contracts N.J.S.A. 10:4-12(7) Endeavor Building Real Estate/Contracts N.J.S.A. 10:4-12(7) Cunningham & McNeil Streets Alley Real Estate/Contracts N.J.S.A. 10:4-12(7) Block 33, Lots 5 &6 The nature of the discussion conducted in closed session and or the result thereof may be disclosed to the public in an open public meeting held in May of 2013 or shortly there after. Approved by Consent Agenda. All were in favor. Absent: Mr. Conaway, Ms. Mercuri. (2) Resolution No. 129-2013* OPPOSING S-2163 and A-3696 REQUIRING BINDING ARBITRATION OVER DISCIPLINARY MATTERS INVOLVING NON-TEACHING STAFF
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