Evesham Township

April 21, 2010
Regular Meeting

The Regular Meeting of the Evesham Township Council was called to order by Mayor Brown at 7:05p.m. The meeting was held in the Meeting Room of the Evesham Township Municipal Complex at 984 Tuckerton Road, Marlton, NJ 08053.

Flag Salute

Mayor Brown announced that the meeting was being held in accordance with the Open Public Meetings Act. Notice was sent to The Central Record and The Burlington County Times, posted on the Bulletin Board and sent to those who requested notification.

ROLL CALL: Present: Croft, Hackman, Howarth, McKenna(via telephone), Mayor Brown Absent: XXX
Also Present: Township Manager Czerniecki, Township Solicitor Drollas, Township Engineer Arango, Township Clerk Bonfrisco, Deputy Township Clerk Friddell

APPROVAL OF MINUTES: Regular Meeting – February 16, 2010Regular Meeting – March 16, 2010 Executive Session – March 16, 2010
On motion by Councilwoman Hackman, seconded by Councilman Howarth, it was moved to approve the above listed minutes.
Recorded Vote: AYE: Croft, Hackman, Howarth, McKenna, BrownNAYE: XXX ABSTAIN: XXX
Motion Carried: 5-0.

PROCLAMATIONS
Autism Awareness Month – April 2010 Mayor Brown read the proclamation into the record and presented itto members of the Marlton Woman’s Club.
Arbor Day – April 30, 2010 Mayor Brown read the proclamation into the record and presented it to Angie Patel representing the Shade Tree Advisory Commission. Ms. Patel invited the public to the Arbor Day Ceremony scheduled for April 30th.
Marlton Recreation Council Logo Winner – Jane Peterken
Kevin Rodgers, representing the Marlton Recreation Council, introduced Jane Peterken as the MRC logo winner and read the inscription on the MRC plaque. Mayor Brown, then read into the record, the proclamation and presented it to Miss Peterken, acknowledging her hard work and the quality of her logo design.

PRELIMINARY PUBLIC COMMENT
There being no comments, public comment was closed.

WORK SESSION
Budget Overview

Township Manager Czerniecki stated that the Township’s State Aid was cut $880,000 and that he has been working with his team to prepare the 2010 budget with a zero tax increase and no layoffs.

He acknowledged Township employees as heroes and recognized Terri Bracchi and the clerical union leaders Elaine Lesher and Terri Butz. He stated that effective July 1st union members will contribute 1½% to health benefits, ahead of the state mandate.

He stated that non-union personnel will not receive a pay increase and will also contribute 1½% to health costs.

Councilman McKenna thanked Tom for his leadership and stated his appreciation to the union members and employees for working as a team.

Councilman Croft thanked employees and Tom for working together to accomplish the budget.

Councilwoman Hackman thanked Township Manager Czerniecki for hiswork on the budget.

Deputy Mayor Howarth referenced an article in the Courier-Post,stating that the township management and employees, working togetherfor a common goal, will have a positive long term effect.

Mayor Brown congratulated Township Manager Czerniecki and his teamon the budget preparation.

He referred to previous budget years and debt challenges. He acknowledged the three newest Council members for allowing Township Manager Czerniecki to continue on his planning path and congratulated everyone a budget with no municipal tax increase.

Shared Services Proposals

Township Manager Czerniecki informed Council that Township Superintendent of Public Works, Bill Cromie has been working on an agreement with Medford Township for shared services for turf maintenance. The proposed agreement with bring $16,000 revenue to the township.

He further informed Council of a plan to share tax assessment services with the Borough of Medford Lakes on a part time basis by accepting their approximate 1600 line items.

Mayor Brown inquired if Evesham had enough staff to meet the additional demands.

Township Manager Czerniecki commended Blackwell Albertson, Tax Assessor for his excellent reputation in the field and for his ability to meet the requirements.

Deputy Mayor Howarth stated that it is in the Township’s interest to utilize the fact that it is the largest municipality in the county and that Evesham sets the gold standard for service.

Township Manager Czerniecki requested a motion of support to move forward with a proposed agreement.

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth,it was moved to endorse the concept of shared services with Medford Lakes and to authorize the preparation of a shared services agreement to provide tax assessment services to the Borough of Medford Lakes.
Recorded Vote:  Aye: Croft, Hackman, Howarth, McKenna, BrownNay: XXX
Motion Carried: 5-0.

Mayor Brown requested the meeting of May 4, 2010 be cancelled.
Council consensus to cancel the meeting of May 4, 2010, with the next regular scheduled Council Meeting to be held May 18, 2010.

ORDINANCES – SECOND READING

Ordinance No. 4-4-2010 – An Ordinance of the Township of Evesham Authorizing the Purchase of Real Property Consisting of Approximately 4+/- Acres of Block 30, Lot 2.01 and the Execution of an Agreement of Sale and Related Documents Necessary to Effectuate Said Purchase

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to open the public hearing on Ordinance No. 4-4-2010.
Recorded Vote: Aye: All Ayes.Nay: XXX 
Motion Carried: 5-0.

There being no comments, Mayor Brown called for a vote to close public hearing.

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to close the Public Hearing.
Recorded Vote: Aye: All Ayes.Nay: XXX 
Motion Carried: 5-0.

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth,it was moved to adopt Ordinance No. 4-4-2010 on second and final reading.

Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, BrownNay: XXX
Motion Carried: 5-0.

Ordinance No. 5-4-2010 – An Ordinance of the Township of Evesham Amending Chapter 11 of the Code of the Township of Evesham Governing the Operations of the Golf Course Utility (Indian Spring) – Amending Section 11-2 There of Providing and Establishing a New Fee Schedule for Golf Course Usage and Repealing Section 11-4

On motion by Councilwoman Hackman, seconded by Councilman Croft, it was moved to open the public hearing on Ordinance No. 5-4-2010.
Recorded Vote: Aye: All Ayes.Nay: XXX
Motion Carried: 5-0.

There being no comments, Mayor Brown called for a vote to close public hearing.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman,it was moved to close the Public Hearing.
Recorded Vote: Aye: All Ayes.Nay: XXX
Motion Carried: 5-0.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman,it was moved to adopt Ordinance No. 5-4-2010 on second and final reading.

Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, BrownNay: XXX
Motion Carried: 5-0.

Ordinance No. 6-4-2010 – An Ordinance of the Township of EveshamAmending Chapter 72 of the Code of the Township of Evesham (CopyingFees)

On motion by Councilman Croft, seconded by Deputy Mayor Howarth, itwas moved to open the public hearing on Ordinance No. 6-4-2010.
Recorded Vote: Aye: All Ayes.Nay: XXX
Motion Carried: 5-0.

There being no comments, Mayor Brown called for a vote to close public hearing.

On motion by Councilwoman Hackman, seconded by Councilman Croft, it was moved to close the Public Hearing.
Recorded Vote: Aye: All Ayes.Nay: XXX
Motion Carried: 5-0.

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth,it was moved to adopt Ordinance No. 6-4-2010 on second and final reading.

Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, BrownNay: XXX
Motion Carried: 5-0.

ORDINANCES – FIRST READING

Ordinance No. 7-5-2010 – Amending the Code of the Township of Evesham by Adding a New Chapter 101 Entitled “Limousines”
Councilman Croft inquired if current limousine companies could be grandfathered in.

Councilman McKenna excused himself from the meeting via telephone at7:50p.m.
On motion by Councilman Croft, seconded by Deputy Mayor Howarth, it was moved to table Ordinance No. 7-5-2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, BrownNay: XXX Abstain: XXX
Motion Carried: 4-0.

Ordinance No. 8-5-2010 – Ordinance of the Township of Evesham Providing for Extension of Terms on Boards and Committees Due to Transition of Municipal Elections from May to November

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth,it was moved to introduce Ordinance No. 8-5-2010, with second reading and public hearing on May 18, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, BrownNay: XXX
Motion Carried: 4-0.

RESOLUTIONS:
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman it was moved to add Resolution Nos. 37-2010, 54-2010 through 60-2010 and 62-2010 through 64-2010 to the Consent Agenda.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, BrownNay: XXX
Motion Carried: 4-0.

CONSENT AGENDA

Resolution No. 37-2010 – Resolution Authorizing the Township of Evesham to Enter into a Redevelopment Agreement with Fieldstone Associates, L.P. for Property Known as Tax Block 26, Lot 7.01, Former Municipal Building, 125 East Main Street

Resolution No. 54-2010 – Award of Contract – FY2009 Community Development Block Grant – Heritage Village & Georgetown Residential Neighborhood Sidewalk Improvements

Resolution No. 55-2010 – Award of Contract – Youth Athletic Program Services

Resolution No. 56-2010 – Award of Contract for Provision of the Recreation Program Booklet – Contract Period April 22, 2010 to April 21, 2012 – Department of Recreation

Resolution No. 57-2010 – Amendment to Contract for Professional Legal Services – Municipal COAH Counsel

Resolution No. 58-2010 – Amendment to Contract for Professional Planning Services – Preparation of a Third Round Housing Element and Fair Share Plan

Resolution No. 59-2010 – Resolution Requesting the Evesham Township Planning Board Review the Evesham 2020 Vision Plan and Authorizing the Amendment of the Evesham Township Municipal Master Plan to Incorporate the Planning and Design Concepts of the Evesham 2020 Vision Plan

Resolution No. 60-2010 – Authorizing Emergency Temporary Appropriations (2010-2)

Resolution No. 62-2010 – Authorizing Execution of a Shared Services Agreement with Medford Township for Athletic Field Maintenance and Chemical Applications

Resolution No. 63-2010 – Authorizing Person to Person Transfer of Plenary Retail Distribution Liquor License No. 0313-44-029-001 from The Fresh Market, Inc. to CGM Wines, LLC

Resolution No. 64-2010 – Authorizing Place to Place Transfer of Plenary Retail Distribution Liquor License No. 0313-44-029-001 – CGM Wines, LLC

Resolution No. 66-2010 – Amendment to Contract for Professional Legal Services – Township Backup Solicitor

Resolution No. 67-2010 – A Resolution Authorizing the Award of a Contract for the Purchase of Police and Homeland Security Equipment and Various Supplies Through the State of New Jersey Cooperative Purchasing Program I-NJCP

Resolution No. 68-2010 – A Resolution Approving Participation with the State of New Jersey in a Safe and Secure Communities Program Administered by the Division of Criminal Justice, Department of Law and Public Safety – Grant Number P-4543

Resolution No. 69-2010 – A Resolution Supporting the “Click It or Ticket” Mobilization of May 24 – June 6, 2010 with the State of New Jersey Division of Highway Traffic Safety (Authorizing Grant from Affordable Housing Trust Fund – 63 Dorchester Circle)

Resolution No. 71-2010 – 2009 Municipal Recycling Tonnage Grant Application

Resolution No. 72-2010 – Evesham Alliance on Substance Abuse – Membership Revisions

Resolution No. 73-2010 – Authorizing Sale of Surplus Property

Resolution No. 74-2010 – A Resolution to Affirm the Township of Evesham’s Civil Rights Policy with Respect to All Officials, Appointees, Employees, Prospective Employees, Volunteers, Independent Contractors, and Members of the Public that Come into Contact with Municipal Employees, Officials and Volunteers

Resolution No. 75-2010 – Temporarily Waiving Provision of Chapter 150-34 of the Code of the Township of Evesham Regulating No Stopping or Standing – Crown Royal Parkway

Resolution No. 76-2010 – Approval of Free fall Adventures Skydiving Demonstration Event – Chartwell Swim Club

Resolution No. 77-2010 – Urging the State Legislature to Reform Interest Arbitration

Resolution No. 78-2010 – Reduction of Performance Guarantee – MEND – Sharp Road Family Housing (Moorestown Ecumenical Neighborhood Development, Inc.) (Non-Age Restricted) – Block 14, Lot 2 (200 SharpRoad) – On-Site Improvements

Resolution No. 79-2010 – Reduction of Performance Guarantee – MEND –
Sharp Road Family Housing (Moorestown Ecumenical Neighborhood Development, Inc.) (Non-Age Restricted) – Block 14, Lot 2 (200 SharpRoad) – Landscaping Improvements

Resolution No. 80-2010 – Reduction of Performance Guarantee – Baseman Site (a/k/a Tanglewood) – Block 18, Lots 1, 2 & 4 – 6’ Wide Asphalt Pedestrian/Bike Path Improvements

Resolution No. 81-2010 – Release of Maintenance Guarantee – WaWa Fuel Pumps – Block 8.15, Lots 4 & 5 (n/k/a 4.01) – On-Site Improvements

Resolution No. 82-2010 – Rejection of Request for Release of Performance Guarantee – (Letter of Credit) Wiley Mission – Long Term Care Addition – Phase IIA & IIB – Block 26, Lot 6 – On-Site Improvements

Resolution No. 83-2010 – Rescission of Resolution No. 355-2009 (Call of Maintenance Guarantee – Elmwood Village Office Center – Phase I –Buildings A, B & C – On-Site Improvements)

Resolution No. 84-2010 – Release of Maintenance Guarantee – Elmwood Village Office Center Phase I (Buildings A, B & C) – Block 19.01,Lot 3 – On-Site Improvements

Resolution No. 85-2010 – Rescission of Resolution No. 356-2009 (Call of Maintenance Guarantee – Elmwood Village Office Center Phase II –(Buildings D & E) – Block 19.01, Lot 3 – On-Site Improvements)

Resolution No. 86-2010 – Release of Maintenance Guarantee – Elmwood Village Office Center Phase II (Buildings D & E) – Block 19.01, Lot 3 – On-Site Improvements

Resolution No. 87-2010 – Release of On-Site Portion and Rejection of Release of Landscape Portion of a Combined Performance Guarantee(Letter of Credit) – South Maple Commons – Block 4.01, Lot 26.02 & 35.02 – (Two Office Buildings) – On-Site and Landscaping Improvements

Resolution No. 89-2010 – Release of Maintenance Guarantee – WaWa Fuel Pumps – Block 8.15, Lots 4 and 5 (n/k/a Lot 4.01) – LandscapingImprovements MOTIONS Approval of Application for Special Permit for Social Affair Evesham Celebrations Foundation Taste of Evesham Event – May 23, 2010 Main Street – Between Cooper Avenue and North Locust Avenue/Municipal Parking Lot and Beneficial Bank Parking Lot Proceeds Fund Annual Events Conducted by Evesham Celebrations Foundation

Approval of Application for Special Permit for Social Affair St. Joan of Arc Church Carnival – August 28, 2010 – September 4, 2010 Church Grounds – Willow Bend and Evans Roads Proceeds Subsidize Operating Costs of School

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution Nos. 37-2010, Resolutions 54-2010 through 60-2010, Resolution Nos. 62-2010 through 64-2010, Resolution Nos. 66-2010 – 87-2010 and Resolution No. 89-2010, including the motions.

Mayor Brown called for any separations.

There being none, Mayor Brown called for a vote on the Consent Agenda.

Recorded Vote on Resolution Nos. 37-2010, Resolutions 54-2010 through 60-2010, Resolution Nos. 62-2010 through 64-2010, ResolutionNos. 66-2010 – 87-2010 and Resolution No. 89-2010, including the motions.

Recorded Vote: Aye: Croft, Hackman, Howarth, Mayor BrownNay: XXXAbstain: XXX
Motion Carried 4-0.

Resolution No. 61-2010 – Appointment of Zoning Board of AdjustmentAlternate No. 4 On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman,it was moved to adopt Resolution No. 61-2010, inserting the nameSandy Student.
Recorded Vote: Aye: Croft, Hackman, Howarth, BrownNay: XXX
Motion Carried: 4-0.

Mayor Brown stated that as a result of the failed school budgets, heanticipates the scheduling of a special meeting prior to the May 19th deadline.

PUBLIC COMMENTS

LaTorria Wilson, 108 Westbury Court, invited Mayor and Council to attend the Jeremy Kane Benefit Run on April 25th to support the troops in Iraq and Afghanistan.

Mayor Brown informed the public that Jeremy Kane was a 22 year old Cherry Hill resident and soldier killed in Afghanistan in January.

Bob Jurman, 117 Wyndmere Road, as a member and Safety Director for the Marlton Recreation Council, informed Council that there has not been one accident report filed in a twelve month period and commended Tom Czerniecki, Bill Cromie, and Nick Italiano for their smart plans and work on township playing fields.

Dave Silver, 20 Heather Drive, thanked Ms. Wilson for her support of the troops. He informed and invited the public to attend the Yellow Ribbon Club event on Saturday, April 24th at the Marlton Shop-Rite where they will collect items to send to the troops.

Mr. Silver complimented the Public Works Department for their clean and organized recycling drop off.

He inquired regarding the refund procedure for flag football.

Mayor Brown asked that Township Manager Czerniecki follow up with Mr. Silver.

Mr. Silver inquired if Council has made decisions regarding potential conflict of interest involving the school district budget vote.

Township Solicitor Drollas stated a decision will be made after his review.

There being no further comments, public comment was closed.

STAFF COMMENTS

Township Manager Czerniecki informed Council that a new tenant is moving in next to the Shop-Rite.

COUNCIL COMMENTS
Councilwoman Hackman thanked Township Manager Czerniecki and employees for their budget contributions and stated she was pleased with the proposed shared services agreements.

Mayor Brown encouraged the public to attend and support the Yellow Ribbon Club event on Saturday as well as the Jeremy Kane Benefit Run.

He reviewed upcoming events, including the Anthony Farrace Golf Outing, Taste of Evesham Event, Center for the Arts Fundraiser, and the Fourth of July events.

Deputy Mayor Howarth informed the public of the Cherokee High School production of Les Miserable, beginning May 21st.

RESOLUTION NO. 88-2010 – RESOLUTION AUTHORIZING THE MAYOR, TOWNSHIPCOUNCIL AND SUPPORT STAFF TO MEET IN PRIVATE SESSION AND AUTHORIZING THE EXCLUSION OF THE PUBLIC FROM THAT PORTION OF THE MEETING DEALING WITH SPECIFIC ISSUES REQUIRING NON-PUBLIC DISCUSSIONS: TOPIC: CONTRACT NEGOTIATIONS (LABOR CONTRACTS; SHARED SERVICES); ATTORNEY CLIENT PRIVILEGE

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman,it was moved to adopt Resolution No. 88-2010.
Recorded Vote: Aye: All Ayes.Nay: XXXAbstain: XXX
Motion Carried: 4-0.

Mayor Brown called recess at 8:15p.m.

Council reconvened in Executive Session at 8:30p.m.
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to come out of Executive Session.
Recorded Vote: AYE: All Ayes.NAY: XXX ABSTAIN: XXX
Motion Carried 4-0.

On motion by Councilwoman Hackman, seconded by Councilman Croft, it was moved to adjourn the meeting.
Recorded Vote: AYE: All Ayes.NAY: XXX ABSTAIN: XXX
Motion Carried 4-0.
Meeting adjourned at 9:02p.m.

Carmela Bonfrisco, Township Clerk Randy Brown, Mayor
Lori A. Friddell, Deputy Township Clerk/Recording Secretary
Submitted: April 29, 2010Approved : _______________