Page 1 of 7 Chairman Joseph Pacera called the meeting to order at 7:35 p.m. The meeting was held at the Municipal Building with the following Planning Board members present: Chairman Joseph Pacera; Vice Chairman Jack McElwee; Santo Maccherone; Louis Manzo; and Bill Madara, Alternate #2. Absent: Matthew Diggons; Nancy Kowalik; Niki Trunk; and Mark Reidenauer, Alternate #1. Others present: Joan Adams, Esq., Planning Board Solicitor; Michael Mueller, Planning Board Planner; and Susanne H. Rhudy, Planning Board Secretary. OPEN PUBLIC MEETINGS ACT: Ms. Rhudy read the following statement into the record: In compliance with Chapter 231 of the Public Laws of 1975 notice of this meeting was given by way of notice filed with the Gloucester County Times and posted on the bulletin board in the municipal building on January 8, 2010. FLAG SALUTE: Chairman Pacera led in the salute to the flag. APPROVAL OF MINUTES: Regular Meeting May 6, 2010 Closed Session May 6, 2010 Jack McElwee made a motion to approve both sets of minutes. Santo Maccherone seconded the motion and the motion was approved unanimously. COMMENTS FROM THE PUBLIC: Chairman Pacera opened the meeting to public comment. He said comments on agenda items should be held until the matter was opened but that other comments could be made now. Hearing no comments from the public, Chairman Pacera closed the meeting to public comment. NEW BUSINESS: Madison Canuso Richwood Village LLC John Canuso appeared to request a two month extension on the General Development Plan. Also appearing were John Lanham, Madison Marquette; Joe Morris, Madison Marquette; and Robert Swartz, Esq., Canuso Communities. Mr. Canuso said he is requesting the extension to allow time to work out some issues and the partnership is moving forward with the development. He said they have purchased 35 properties for the Town Center and 5 properties are still pending. The Reeves property at the intersection of Rt. 322 and Aura Road is still under negotiation and that property affects the entrance and
Page 2 of 7 the site plan for the development. Mr. Canuso said there has been difficulty in the negotiations and they are looking for alternative entranceways. He said Madison/Canuso would like to have workshop meetings with the Planning Board subcommittee to work on some of the issues. Chairman Pacera asked if signs on the highway, announcing the project, were ready. He said the last plan he saw did not have the center boulevard and asked Mr. Canuso if that is the plan he has been working on with Group Melvin. Mr. Canuso confirmed that it is. Chairman Pacera asked for the status of the work on the architectural features. Mr. Canuso said presentations were made to Group Melvin and Mr. Melvin asked for further information on the elevations. Chairman Pacera asked if the sewer agreement had been signed and Mr. Canuso said it had not. Mr. Canuso said he believes the partnership is ready to move forward with the sewer and redevelopment agreements and the site plan issues. He again asked for a workshop meeting to discuss the issues. Ms. Adams swore in Mr. Canuso who affirmed that his statements were true to his knowledge. She also swore in Mr. Morris, Senior Vice President for Madison Marquette. Mr. Morris said he oversees all commercial activity for the northeast. He said the design for the property signs has been completed; he agreed to forward the details to the Township Committee before they are ordered. Mr. Morris said that press releases will be forthcoming soon. He said he has spent time with the Reeves family and his firm is committed to make the transaction happen, based on terms that are reasonable for both sides. The terms in his offer included the full price of the property that was originally contemplated with credit for monies spent so far. He said a substantial amount of money has been spent on the property so far, including a written agreement for the easement and right of way. Mr. Morris said that part of the offer was a request for the opportunity to complete their entitlements and that closing would occur as soon as they were able to commence construction on the first phase of the project. Chairman Pacera said the Board did not wish to delve into the negotiations between Madison and the Reeves, but would like to see the original roadway remain in the project if a deal can be structured with the Reeves. He said Madison had purchased a parcel (Lot 16) which, if the Reeves property was not able to be purchased, and construction commenced, would limit the development of their corner property. Mr. Morris said the Reeves family position is that there is no deal unless they receive full price for the property and the closing is today. He said he is not able to do that given the state of the economy and his investors. Mr. Morris said he had a discussion with Mark Reeves who asked to purchase Lot 16 from Madison. He said he offered to Mr. Reeves, subject to the approval of Mr. Morris superiors, that they would sell it to him at a strongly discounted rate. Mr. Reeves suggested that Madison give him that land and it would be the security for the contract. Mr. Morris said he did not know if he could do that, but was willing to discuss with Mr. Reeves using that land as some sort of collateral and possibly give it to him with the understanding that the closing would occur when Madison is able to start on the project. Mr. Morris said he outlined the offer in an email to the Reeves and the response was that they were not willing to sell their property unless Madison is willing to pay a very high number and the closing occurred in a very short period of time.
Page 3 of 7 Mr. Morris said he also offered to the Reeves family that immediately upon execution of an agreement Madison would either: 1) relocate their homes and move them back; the two homes, the third home is not immediately on the highway; or 2) give them the numerical value of the cost to do that. The only caveat is that Madison would not be able to continue any carry payments or additional funds because of the extremely high terms of the contract. Chairman Pacera asked if additional properties are still needed and Mr. Morris said the Cooke and Cavallari properties are still needed. Those negotiations have not proceeded due to the Reeves negotiations. Ms. Adams swore in John Lanham, SVP Construction for Madison Marquette. Mr. Lanham said he feels that, with aggressive action on outstanding issues, a shovel could be put in the ground in the first half of 2011. Mr. Canuso said the redevelopment agreement work will begin soon and the sewer agreement should come to a conclusion very soon. Chairman Pacera said he wanted them to return to the July 15 th meeting with firm information on the acquisition of the properties so the Board and its professionals will know which plan they are working with. Ms. Adams said the applicant is requesting an extension for two conditions of the GDP approval: 1) the illustrative site plan and, 2) the site design guidelines. She said the applicant had received an extension on those conditions and is now requesting another two months. She suggested that on July 15 th they return to give a status report to the Board on the property acquisition and at that time the Board can entertain their request for additional time to submit those two items. The Board questioned whether the negotiations with the Reeves would come to fruition. Mr. Morris said the Reeves have been offered what Madison can give them and in the absence of an agreement with them, the next logical step would be for Madison to submit to the Board a plan that works around their properties. Mr. Canuso said they would like to come in with the plan that includes the Reeves property but they can t wait any longer. Chairman Pacera noted that there are things that have not been completed such as the sewer agreement. He said he wants to hear back by July 15 th and Ms. Adams suggested tabling the extension request to that date. She said that while the Board is not involved in any private contract negotiations, the applicant must understand that the GDP was approved with a site layout and if that is going to be re-designed, the Board will have to consider an amended GDP. Chairman Pacera said that on July 15 th the Board will set a firm timetable for submission of the illustrative site design and guidelines and wants to see firm progress on the outstanding issues. He asked Mr. Morris to email the sign design to the subcommittee. Jack McElwee made a motion to open the meeting to public comment. Santo Maccherone seconded the motion. Chairman Pacera opened the meeting to public comment and Ms. Adams swore in the following members of the public: Delores Reeves, 624 Mullica Hill Road: Ms. Reeves presented a written statement which Ms. Adams accepted. Ms. Adams told Ms. Reeves that her statement would be placed in the Township files but the Board would not see it. Ms. Reeves said she is the owner of Lots 8, 9 and 10 in Block 22. She said she has been a resident of the township for 28 years. Ms. Reeves said there were strings attached to the offers made by
Page 4 of 7 Mr. Morris. She said they had at first said they would not credit the monies paid to the purchase price but after thinking about it decided they would agree to those credits. Chairman Pacera said the contract negotiations are private between the Reeves and the applicant and the Board needs to look at it from the roadway perspective. Ms. Reeves read her statement. Chairman Pacera said he would like to see their properties incorporated into the GDP. He said the GDP is important to the town and one property probably wouldn t stop the project. Ms. Reeves said they want to sell. Mayor Manzo said because of the scope of the project and the positive aspects to the Township, the Township wants to move forward. Mr. McElwee asked if she and her family were encouraged into resuming negotiations with Madison and Ms. Reeves said they would have no problem doing so. Ms. Adams said it is important for everyone to understand that the project will move forward with or without that land or this developer and the Township is no longer willing to wait. Gene Cooke, 108 Aura Road: Mr. Cooke asked if eminent domain will be used in the acquisition of property. Chairman Pacera said the Township is not involved in the property acquisition. Ms. Adams said the redevelopment plan precludes the use of eminent domain. Hearing no further comments, Jack McElwee made a motion to close the meeting to public comment. Santo Maccherone seconded the motion and Chairman Pacera closed the meeting to public comment. Mr. Morris said full price has been offered but they are not able to close immediately. They are willing to discuss the existence of existing property as security and enter into discussions with the property owners. He said with Ms. Reeves acknowledgement that immediate closing is not necessary, he is encouraged that negotiations will proceed. Ms. Adams said the hearing should be continued until the July 15 th meeting at which time the applicant will report on the status of the sewer agreement with strong encouragement that they return to report that it has been signed. She said they will have to report on the status of the final land acquisitions and the status of the work in the elements for the site design standards. Chairman Pacera said there will have to be at least one meeting of the subcommittee before then to discuss the overall architectural design for the overall project. Ms. Adams said at the July 15 th meeting the Board will make a final determination as to whether any extensions will be granted for the submission for the illustrative site design and design guidelines. She said they will also have to report on the status of the redevelopment agreement. Jack McElwee made a motion to continue the hearing to July 15 th. Bill Madara seconded the motion and the motion was approved unanimously.
Page 5 of 7 Clothing Bin Ordinance Ms. Adams discussed her memo reviewing the clothing bin ordinance. Chairman Pacera said clothing bins were already in place in the township. He said they should be limited to municipally owned properties such as the police and fire departments. The Board discussed limiting the number of bins permitted throughout the township. Ms. Adams said the Board should send their recommendations to Committee and they could then amend the ordinance if appropriate. She said she would amend her memo to include the suggestions that they limit the number of bins per section of town and limit them to municipal property. Chairman Pacera said it should be the property owner who is liable for the removal of bins. The Board expressed that they felt very strongly that the ordinance should be amended. MEMORIALIZING RESOLUTIONS: Resolution No. 22-2010 - Resolution To Memorialize The Approval Of Bulk Variances And A Preliminary And Final Major Site Plan For The Development Of Block 46 Lot 4.04 Commonly Known As 4 Burton Lane With A 8,502 Square Foot Professional Office Building Sahil Property Management LLC Chairman Pacera read Resolution 22-2010 by title. Ms. Adams said minor changes had been made to the resolution and she explained those to the Board. Jack McElwee made a motion to approve the resolution with the changes as shown. Santo Maccherone seconded the motion. A Roll Call Vote was taken: Chairman Pacera Aye; Jack McElwee Aye; Santo Maccherone Aye; Lou Manzo Aye. STATUS OF CURRENT PROJECTS: Chairman Pacera said the June 17 th and July 1 st meetings would be cancelled. He said the Board would meet on July 15 th and would then discuss cancelling the August 5 th meeting if possible. Chairman Pacera said the subcommittee would meet soon. He asked about the status of COAH. Ms. Adams said that until all the proposed legislation is finalized, no municipality knows what their obligation will be. She said that COAH won t make any decisions right now. Chairman Pacera asked Mayor Manzo to contact our Senator regarding allowing credits for Mullica West. REPORT FROM TOWNSHIP COMMITTEE: Mayor Manzo said the new public works building and soccer field concession stand are progressing. He discussed the anticipated usage of the concession stand. Chairman Pacera said he asked the Township to look into the maintenance of the wall along Mullica Hill Road near the intersection with Main Street and the property owner has been contacted. Mayor Manzo said the budget will be introduced at the next meeting. He said the Historic Commission ordinance will also be discussed at that meeting and
Page 6 of 7 options will be discussed about Planning Board representation on the HPC, or vice versa. He said there has been discussion about how to streamline the process between the Planning Board and the HPC. REPORT FROM ENVIRONMENTAL COMMISSION: Ms. Adams discussed Environmental Commission representation on the Planning Board. Mr. Maccherone said the Commission talked about shade tree commissions. Chairman Pacera said they should discuss with the utility companies the use of selective tree trimming. Mr. Maccherone said the public asked questions about the landfill and a well the landfill owner is drilling for an adjoining property owner. He said they also discussed the bypass and the wetlands that will be affected by the bypass. Chairman Pacera said the Commission should send a request to Committee to receive information on the bypass. Mayor Manzo said the Pond Committee met a few weeks ago and there was discussion about purchasing the rear of the Sisters property and creating a path around the pond. REPORT FROM ZONING BOARD: REPORT FROM ECONOMIC DEVELOPMENT COMMISSION: REPORT FROM PLANNING BOARD ENGINEER: REPORT FROM PLANNING BOARD PLANNER: COMMENTS FROM THE PUBLIC: There were no comments from the public. COMMENTS FROM THE BOARD: The Board welcomed Ms. Adams back. PAYMENT OF THE BILLS: Ms. Rhudy said all of the bills were from escrows. Jack McElwee made a motion to pay the bills. Lou Manzo seconded the motion. A Roll Call Vote was taken: Chairman
Page 7 of 7 Pacera Aye; Jack McElwee Aye; Santo Maccherone Aye; Lou Manzo Aye; Bill Madara Aye. MEMORIALIZING RESOLUTIONS: continued Resolution No. 21-2010 - Resolution Of The Harrison Township Planning Board Establishing A Closed Session Meeting Pursuant To The New Jersey Statutes, Revised Pertaining To The Open Public Meetings Act - Discussion Of Pending And Potential Litigation; Contract Negotiations; Attorney/Client Privilege; And/Or Personnel Chairman Pacera read Resolution 21-2010 by title and said the Board would discuss litigation. Jack McElwee made a motion to adopt the resolution and enter the Closed Session. Santo Maccherone seconded the motion and the motion was passed unanimously. The Board entered the Closed Session at 9:16 p.m. The Board reentered the public meeting at 9:35 p.m. As there was no further business to be addressed, Santo Maccherone made a motion to adjourn the meeting. Lou Manzo seconded the motion and the motion was carried by a unanimous vote. Chairman Pacera adjourned the meeting at 9:35 p.m. Respectfully submitted, Susanne H. Rhudy Planning Board Secretary