cinnaminson township committee regular session … … · undertaken a program for the...

TOWNSHIP OF CINNAMINSON

NOTICE OF ELECTRONIC MEETING

PLEASE TAKE NOTICE, that in accordance with the Open Public Meetings Act,

N.J.S.A. 10:4-6 et seq., as amended by A-3850, and in consideration of Executive Orders

No. 103 and 107, issued by Governor Murphy on March 9 and 21, 2020 respectively,

declaring a State of Emergency and a Public Health Emergency in the State of New

Jersey, the TOWNSHIP OF CINNAMINSON does hereby notify the public that to

protect the health, safety and welfare of our citizens while ensuring the continued

functioning of government, the monthly meeting of the Township Committee scheduled

for July 20, 2020 at 1621 Riverton Road, Cinnaminson, New Jersey will be held

electronically. Members of the public who wish to participate in the meeting

electronically should follow the instructions at: https://www.cinnaminsonnj.org/agendas-

resolutions-minutes/. Individuals will be able to fully participate in the meeting, including

providing public comment. Formal action may be taken.

Lisa A. Passione

Municipal Clerk

https://www.cinnaminsonnj.org/agendas-resolutions-minutes/

https://www.cinnaminsonnj.org/agendas-resolutions-minutes/

Please Note: Agenda is subject to change

Click link below:

Cinnaminson Township Committee Meeting July 20, 2020

Zoom Meeting ID 885 8632 4577 For Dial in – 1 929 205 6099 (New York)

Password 5KYf65 Password (for Dial by Phone only) 132091

CINNAMINSON TOWNSHIP COMMITTEE

REGULAR SESSION AGENDA

Monday, July 20, 2020

6:30 p.m. Regular Session

CALL TO ORDER:

FLAG SALUTE:

VERIFICATION:

This meeting is being held in accordance with the “Open Public Meetings Act,” P.L. 1975, c.231.

Notice of this meeting was published in the Burlington County Times and the Courier Post on

January 10, 2020.

ROLL CALL: Mr. Conda, Mrs. Kravil, Mr. McGill, Deputy Mayor Segrest, Mayor Horner

COMMITTEE LIAISON REPORTS:

Committee Member Conda: Administration and Health & Senior Services

Committee Member Kravil: Parks & Recreation and Veterans Affairs

Committee Member McGill: Public Safety

Deputy Mayor Segrest: Public Works

Mayor Horner: Finance and Economic Development

ORDINANCE PUBLIC HEARING:

Ordinance 2020 – 5 An Ordinance of the Township of Cinnaminson, County of Burlington

and State of New Jersey Authorizing Interim Zoning, Pursuant to

N.J.S.A. 40:55d-90(B), To Allow for Issuance of Zoning Permits,

Effective for A Time Period of 120 Days, To Permit Temporary

Outdoor Restaurant Seating and Retail Outdoor Display Sales Areas at

Existing Lawful Businesses, Subject to Bulk Zoning and Construction

Code Requirements and Other Outside Agency Approvals

CONSENT AGENDA:

Resolution 2020 - 77 Chapter 159 Clean Communities Grant

Resolution 2020 - 78 Chapter 159 Park Development and Improvement Grant

Resolution 2020 – 79 Authorizing Redevelopment Agreement with 1001 Taylors Lane, LLC

Resolution 2020 – 80 Authorizing Fourth Amendment to Purchase and Sale Agreement –

Lidl US Operations, LLC

Resolution 2020 – 81 Authorizing Award of Contract – Wayne Drive Bridge

Resolution 2020 – 82 Authorizing Cancellation of Taxes for Totally Disabled Veteran,

Block 2006, Lot 1

Resolution 2020 – 83 Authorizing Cancellation of Taxes for Totally Disabled Veteran,

Block 3308, Lot 20

Resolution 2020 – 84 Authorizing Amendment to Employee Handbook Regarding Vacation

and Sick Leave Policy

Resolution 2020 – 85 DPW Liens

END OF CONSENT AGENDA

PUBLIC COMMENT ON CONSENT AGENDA ONLY:

https://us02web.zoom.us/j/88586324577?pwd=bjJISUZlRlQ0Vk5rVkxPZWdGaFFwZz09

APPROVAL OF MINUTES:

June 15, 2020

APPROVAL OF BILLS:

STAFF AND PROFESSIONAL COMMENTS:

PUBLIC COMMENT:

COMMITTEE COMMENT:

ADJOURNMENT:

Next Meeting: Monday, August 3, 2020 at 6:30 pm

CINNAMINSON TOWNSHIP

COUNTY OF BURLINGTON

RESOLUTION 2020-77

AUTHORIZING BUDGET AMENDMENT FOR GRANT

APPROPRIATION (ch. 159)

CLEAN COMMUNITIES GRANT - $32,791.19

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 an item of appropriation for an equal amount, and

WHEREAS, the Township of Cinnaminson has received notice of an award of $32,791.19 from the NJ

Department of Environmental Protection, Clean Communities Grant and wishes to amend its 2018 Budget to

include this amount as revenue.

NOW, THEREFORE, BE IT RESOLVED that the Committee of the Township of Cinnaminson, in the

County of Burlington, State of New Jersey, hereby requests that the Director of the Division of Local

Government Services approve the insertion of an item of revenue in the 2020 Budget in the amount of

$32,791.19.

Which is now available as revenue from: Miscellaneous Revenues: Special Items of General Revenue

Anticipated with Prior Written Consent of the Director of the Division of Local Government Services: State and

Federal Revenues Off-set with Appropriations:

NJ Department of Environmental Protection

Clean Communities Grant - $32,791.19

BE IT FURTHER RESOLVED that the like sum of $32,791.19 be and the same is hereby appropriated under

the caption of: General Appropriations: (a) Operations Excluded from CAPS State and Federal Programs Off-

Set by Revenues:

NJ Department of Environmental Protection

Clean Communities Grant - $32,791.19

BE IT FURTHER RESOLVED, that the Town Clerk forward two certified copies of this resolution to the

Director of Local Government Services for approval.

DRAFT

CINNAMINSON TOWNSHIP


RESOLUTION 2020 - 78

AUTHORIZING BUDGET AMENDMENT

FOR GRANT APPROPRIATION (ch. 159)

BURLINGTON COUNTY

PARK DEVELOPMENT AND IMPROVEMENT PROGRAM - $75,000

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 an item of appropriation for an equal

amount, and

WHEREAS, the Township of Cinnaminson has received notice of an award of $75,000 from the

County of Burlington, Park Development and Improvement Program and wishes to amend its 2018

Budget to include this amount as revenue.

NOW, THEREFORE, BE IT RESOLVED that the Committee of the Township of Cinnaminson, in

the County of Burlington, State of New Jersey, hereby requests that the Director of the Division of

Local Government Services approve the insertion of an item of revenue in the 2020 Budget in the

amount of $75,000

Which is now available as revenue from: Miscellaneous Revenues: Special Items of General Revenue

Anticipated with Prior Written Consent of the Director of the Division of Local Government Services:

State and Federal Revenues Off-set with Appropriations:

County of Burlington

Park Development and Improvement Program - $75,000

BE IT FURTHER RESOLVED that the like sum of $75,000 be and the same is hereby appropriated

under the caption of: General Appropriations: (a) Operations Excluded from CAPS State and Federal

Programs Off-Set by Revenues:

County of Burlington

Park Development and Improvement Program - $75,000

BE IT FURTHER RESOLVED, that the Town Clerk forward two certified copies of this resolution to

the Director of Local Government Services for approval.

DRAFT

TOWNSHIP OF CINNAMINSON COUNTY OF BURLINGTON

RESOLUTION 2020 – 79

RESOLUTION AUTHORIZING AND APPROVING A REDEVELOPMENT

AGREEMENT BETWEEN THE TOWNSHIP OF CINNAMINSON AND THE TOWNSHIP OF CINNAMINSON COMMITTEE (“TOWNSHIP”) AND 1001 TAYLOR’S

LANE, LLC (“REDEVELOPER”)

WHEREAS, pursuant to the provisions of the Local Redevelopment and Housing Law,

N.J.S.A. 40A:12A-1 et seq. as amended and supplemented, (the “Act”) the Township has

undertaken a program for the redevelopment of certain property identified as Block 610, Lots 2.01,

2.02, 2.03 and 3 and Block 702, Lots 39 and 40 located on River Road, Taylor’s Lane and Union

Landing Road in Cinnaminson Township (the “Project Site” or “Property”). The Project Site is

currently owned by the Redeveloper. The Redeveloper intends to construct (1) a 225,000 +/-

square foot addition to the existing Sea Box facility; (2) an approximately 1,500,000 +/- square

foot proposed warehouse/logistics facility or facilities in one or more buildings on Lot 3.01; and

(3) an approximately 250,000 +/- square foot proposed PODS or other manufacturing and

storage/warehouse/logistics facility, in Phases, on Lot 3.03 in a time frame that is practicable and

commercially reasonable; and

WHEREAS, the Governing Body of the Township has determined that the redevelopment

of the Project Site will promote job creation and economic redevelopment within the municipality

and the County of Burlington, as well as an attractive project. The Township duly adopted

Resolution 2019-83 on June 17, 2019, which designated the Project Site as an area in need of

redevelopment in accordance with the Act. The Township further duly adopted Amended

Ordinance 2020-4 on June 1, 2020, adopting the Redevelopment Plan in accordance with the Act;

and

DRAFT

WHEREAS, the Township Committee has been authorized to act as a Redevelopment

Entity to oversee the implementation of such Redevelopment Plan; and

WHEREAS, Redeveloper maintains that it is in the business of owning, maintaining, and

enhancing real property for commercial and other purposes and that it has the financial ability,

experience and expertise to redevelop the Property within a reasonable time through its team, in

accordance with the provisions of this Agreement. The Township and Redeveloper both desire and

anticipate that the Project will consist of the construction of (1) a 225,000 +/- square foot addition

to the existing Sea Box facility; (2) an approximately 1,500,000 +/- square foot proposed

warehouse/logistics facility or facilities in one or more buildings on Lot 3.01; and (3) an

approximately 250,000 +/- square foot proposed PODS or other manufacturing and

storage/warehouse/logistics facility, in Phases, on Lot 3.03; and

WHEREAS, as a material inducement to the Township, the Redeveloper has agreed,

among other things, to: (i) create a project at the Property that is both aesthetically pleasing and

will spark revitalization and substantial investment in this area of the Township; (ii) redevelop the

Property in accordance with the Concept Plan attached to the Redevelopment Agreement (as may

be modified by the Parties, in writing, from time to time, pursuant to the Redevelopment Plan and

pursuant to the Project Milestones/Timeline set forth herein); (iii) reimburse the Township for

costs and fees incurred as set forth in the Redevelopment Agreement; (iv) make certain

representations and warranties as set forth therein; and (v) tender payment of such escrow, deposits

and payments as set forth therein; and

WHEREAS, to effectuate the purposes of the Act, the Township and Redeveloper agree

to enter into a Redevelopment Agreement attached hereto as Exhibit “A” in order to further the

Project.

DRAFT

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of

the Township of Cinnaminson, County of Burlington and State of New Jersey that it hereby

authorizes and approves the Redevelopment Agreement between 1001 Taylor’s Lane, LLC, the

Redeveloper and the Township, attached hereto as Exhibit “A”; and

BE IT FURTHER RESOLVED that the Mayor of the Township is authorized to execute

the Redevelopment Agreement on behalf of the Township and the appropriate Township officials

are hereby authorized to take the necessary action in furtherance of the Redevelopment Agreement.


Certified to be a true copy of a Resolution adopted by the Cinnaminson Township Committee on the 20th day of July, 2020. ________________________________________ Lisa A, Passione, Municipal Clerk L:\19-0056 - Cinnaminson Twp-Redevelopment Industrial Park\RDA\Resolution - RDA.docx

DRAFT




RESOLUTION AUTHORIZING AND APPROVING A FOURTH AMENDMENT TO THE

PURCHASE AND SALE AGREEMENT BETWEEN THE TOWNSHIP OF CINNAMINSON

(THE “SELLER”) AND LIDL US OPERATIONS, LLC (THE “PURCHASER”) AND FOR

TRANSACTION AUTHORIZATIONS

WHEREAS, Purchaser and Seller entered into that certain Purchase and Sale Agreement, dated

February 20, 2017 (the “Original Agreement”), wherein Seller agreed to sell to Purchaser and Purchaser

agreed to purchase from Seller certain real property described as approximately 4.7 acres of land

located at or near the intersection of NJSH Route 130 and Highland Avenue in the Township of

Cinnaminson, County of Burlington, New Jersey, together with all rights, easements, improvements,

and appurtenances thereto appertaining, all as more particularly described in the Original Agreement;

and

WHEREAS, Purchaser and Seller entered into that certain First Amendment to Purchase and

Sale Agreement, dated May 29, 2017 (the “First Amendment”), wherein Purchaser and Seller agreed

to extend the Inspection Period as defined in the Original Agreement; and

WHEREAS, Purchaser and Seller entered into that certain Second Amendment to Purchase

and Sale Agreement, dated February 5, 2018 (the “Second Amendment”), wherein Purchaser and Seller

agreed to extend the Closing Date as defined in the Original Agreement (as so amended by the First

Amendment and Second Amendment the “Agreement”); and

WHEREAS, Purchaser and Seller entered into that certain Third Amendment to Purchase and

Sale Agreement, dated January 14, 2020 (the “Third Amendment”), wherein Purchaser and Seller

agreed to extend the Closing Date and Inspection Period as defined in the Original Agreement (as so

amended by the First Amendment, Second and Third Amendment the “Agreement”); and

WHEREAS, the Parties have decided to further amend the Agreement as more particularly set

forth therein.

NOW THEREFORE BE IT RESOLVED by the Mayor and Township Committee of the

Township of Cinnaminson, County of Burlington and State of New Jersey that it hereby authorizes and

approves a Fourth Amendment to the Purchase and Sale Agreement between the Township of

Cinnaminson and Lidl US Operations, LLC, and

BE IT ALSO RESOLVED that the Mayor of the Township is authorized to execute the Fourth

Amendment to the Purchase and Sale Agreement on behalf of the Township and the appropriate

Township Officials are hereby authorized to take the necessary actions in furtherance of this

Resolution.

BE IT FURTHER RESOLVED that the appropriate Township Officials and representatives

are authorized to take any and all actions and sign any documents necessary to consummate the

transactions contemplated in the Purchase and Sale Agreement between the Township and Lidl US

Operations, LLC and any amendments thereto, subject to the final review and approval of the Township

Solicitor.


Certified to be a true copy of a Resolution adopted by the Cinnaminson Township Committee on the

20th day of July, 2020.

_______________________________________

Lisa A. Passione, Municipal Clerk

DRAFT



RESOLUTION NO. 2020 - 81

RESOLUTION AWARDING CONTRACT FOR THE REPLACEMENT OF

THE WAYNE DRIVE BRIDGE

WHEREAS, the Township Committee authorized the Township Engineer, Wayne D.

Simpson, P.E. of the Alaimo Group, to prepare plans, specifications and obtain bids for the

replacement of the Wayne Drive Bridge; and

WHEREAS, the Township received eight (8) bids for the project on July 9, 2020; and

WHEREAS, the Township Solicitor has reviewed the bids and has advised that the

proposal submitted by Robert T. Winzinger, Inc. is fatally flawed for failure to provide a consent

of surety in an amount equal to or at least 100 percent of the contract price as required by the

specifications; and

WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40A:11-23.2, the failure to

provide, inter alia, a consent of surety in the form required by the bid specifications is a fatal defect

that renders Winzinger’s bid unresponsive and cannot be cured by the Governing Body; and

WHEREAS, it has been determined that the RD Zeuli, Inc. (“Zeuli”), is the lowest

responsible bidder in that its proposal is responsive to the specifications and in compliance with

the requirements of the Local Public Contracts Law; and

WHEREAS, the Township Engineer has indicated that Zeuli has no prior negative history

with the Township; and

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the

Township of Cinnaminson, County of Burlington, State of New Jersey, that the contract for the

Wayne Drive Bridge Replacement project be and is hereby awarded to RD Zeuli, Inc., as

recommended by the Township Solicitor and Engineer, in the amount of $737,908.00.

Certified to be a true copy of a Resolution adopted by the Cinnaminson Township Committee on

the 20th day of July, 2020.

_________________________________________

Lisa A. Passione, RMC

Municipal Clerk

CERTIFICATION

I, Julia Edmondson, Chief Financial Officer of the Township of Cinnaminson, certify that funds are

available for this contract in account # ____________________ in the amount of $_________________.

__________________________________

Julia Edmondson

Chief Financial Officer

DRAFT




A RESOLUTION AUTHORIZING THE TAX COLLECTOR TO CANCEL

TAXES PURSUANT TO EXEMPTION FOR A TOTALLY DISABLED

VETERAN’S STATUS.

WHEREAS, Richard W. Lawrence, owner and resident of 212 Maureen Drive

(Block 2006 Lot 1) has applied for tax exemption as a Totally Disabled Veteran pursuant

to 54:4-3.30 et. Seq. and,

WHEREAS, the applicant has supplied all requisite proofs in support of this

application and,

WHEREAS, the township Assessor has reviewed the application and related

documentation and finds all to be in order and recommends approval of the exemption

and,

WHEREAS, the effective date of exemption is May 31, 2020 in conformance

with the date of application for exemption and certification letter issued by the

Department of Veterans Affairs and,

WHEREAS, applicant has been billed and or paid taxes for the exempt period

and,

WHEREAS, the Tax Collector seeks to balance the account in recognition of the

exemption

NOW THEREFORE BE IT RESOLVED by Township Committee of the

Township of Cinnaminson that the Tax Collector is hereby authorized to cancel taxes in

the amount of $4316.38 (calculation: $7372.65 2020 taxes / 365 days = $20.17 x 214

days exempt = $4316.38). The Tax Collector may, by authority of this resolution, cancel

the 2021 preliminary.

A certified copy of this resolution shall be forwarded to the Tax Collector, Tax Assessor

and applicant.

DRAFT




A RESOLUTION AUTHORIZING THE TAX COLLECTOR TO CANCEL

TAXES PURSUANT TO EXEMPTION FOR A TOTALLY DISABLED

VETERAN’S STATUS.

WHEREAS, Eugene F. Crawford, owner and resident of 309 Susan Drive (Block

3308 Lot 20) has applied for tax exemption as a Totally Disabled Veteran pursuant to

54:4-3.30 et. Seq. and,

WHEREAS, the applicant has supplied all requisite proofs in support of this

application and,

WHEREAS, the township Assessor has reviewed the application and related

documentation and finds all to be in order and recommends approval of the exemption

and,

WHEREAS, the effective date of exemption is May 27, 2020 in conformance

with the date of application for exemption and certification letter issued by the

Department of Veterans Affairs and,

WHEREAS, applicant has been billed and or paid taxes for the exempt period

and,

WHEREAS, the Tax Collector seeks to balance the account in recognition of the

exemption

NOW THEREFORE BE IT RESOLVED by Township Committee of the

Township of Cinnaminson that the Tax Collector is hereby authorized to cancel taxes in

the amount of $328.44 (calculation: $3587.19 2020 prelim taxes / 182.5 days = $19.66 x

34 days exempt = $328.44). The Tax Collector may, by authority of this resolution,

cancel taxes for the 3rd and 4th quarters of 2020 as well as the 2021 preliminary.

A certified copy of this resolution shall be forwarded to the Tax Collector, Tax Assessor

and applicant.

Certified to be a true copy of a Resolution adopted by the Cinnaminson Township

Committee on the 20th day of July, 2020.

_________________________________________


Municipal Clerk

DRAFT




RESOLUTION AUTHORIZING AMENDMENT TO THE CINNAMINSON TOWNSHIP

EMPLOYEE HANDBOOK WITH REGARD TO VACATION LEAVE AND

SICK LEAVE POLICY

WHEREAS, Cinnaminson Township maintains an Employee Handbook which sets forth

numerous policies and procedures; and

WHEREAS, the Township has a need to update the Employee Handbook from time to time to

address ongoing issues and changes in the law.

NOW, THEREFORE, BE IT RESOLVED:

1. The Township Employee Handbook Vacation Leave policy is hereby modified to provide

that:

“Each department head shall determine the vacation schedule and department policies

necessary to maintain department operations. Conflicts brought about by operational

needs of a department shall be resolved on a seniority basis. Vacation can only be taken

in half day or full day increments.

Similarly, and with respect to all Department Heads, the Township Administrator shall

determine the vacation schedule and administrative policies necessary to maintain

Township operations at all levels.

Vacation must be requested in advance, except by mutual agreement of the Department

Head/employee and the Township Administrator/Department Head, subject to the

following:”

2. Notwithstanding any provision to the contrary, the Township sick leave policy is

amended to provide that employees who are not otherwise entitled to sick leave under

Township policy are entitled to accrue one hour of earned sick leave for every 30 hours

worked, up to 40 hours per year.

DRAFT




WHEREAS, Cinnaminson Township Ordinances, Section 405 - 25 entitled "Lien

for Abatement" authorizes the abatement of any nuisance or correction of a defect on the

premises of the maintenance of the premises to conform to applicable ordinances of the

Township of Cinnaminson or the laws of the State of New Jersey; and

WHEREAS, it is necessary that the governing body approve the expenditures

made to such properties and assess the same against the premises collectible as provided

by law; and

WHEREAS, the following amounts have been assessed against the named

premises for work performed by the Public Works Department, relating to violation for

grass/weeds, and no payment has been submitted:

1809 Taylors Lane Block 702, Lot 15 $281.00

Now, Therefore, Be It Resolved by the Township Committee of the

Township of Cinnaminson, County of Burlington and State of New Jersey that the

Tax Collector of the Township of Cinnaminson shall be responsible for the collection of

these assessments and a copy of the report and resolution shall be sent by certified mail,

return receipt requested to the owner.

Certified to be a true copy of a Resolution adopted by the Cinnaminson Township

Committee on the 20th day of July, 2020.

_________________________________________


Municipal Clerk

DRAFT

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