01-19-10 Council Meeting

January 19, 2010
Regular Meeting

The Regular Meeting of the Evesham Township Council was called to order by Mayor Brown at 7:00p.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, 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 – November 10, 2009
Regular Meeting – December 15, 2009
Executive Session – December 15, 2009

On motion by Councilwoman Hackman, seconded by Councilman Croft, it was moved to approve the above listed minutes.

Recorded Vote: AYE: Croft, Hackman, Howarth, McKenna, Brown
NAYE: XXX
ABSTAIN: XXX

Motion Carried: 5-0.

PRELIMINARY PUBLIC COMMENT

There being no comments, public comment was closed.

COMMENDATION

Mayor Brown praised the many contributions made to the Township by the late Verna Powell. He stated that Mrs. Powell always wanted a butterfly garden within the Township.

Mayor Brown introduced Girl Scout Alison Frame, congratulated her on earning the Gold Award and acknowledged her creation of a butterfly
garden in honor of Verna Powell.

Resolution No. 1-2010 – Girl Scout Gold Award – Alison Frame – Troop 26405

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 1-2010.

Recorded Vote: AYE: Croft, Hackman, Howarth, McKenna, Brown
NAYE: XXX
ABSTAIN: XXX

Motion Carried: 5-0.

WORK SESSION
Triple-A After School Program

Nick Italiano, Evesham Township Recreation Programs Manager, presented Council with an overview of the current Triple-A After
School Program and his proposal to expand the program to include a Kinderplay session in the morning. Mr. Italiano identified the
program as self-funding, offered as a service to residents, not as a source of revenue. He reviewed the success of the after-school and
summer camp programs. He stated that the Evesham Township School Board supports the after-school program and does not offer a
competing program for middle school children.

Councilman McKenna inquired why the township and School Board do not collaborate and offer one summer camp program.

Discussion followed on summer camp programs and potential need for expansion should the School Board not offer their summer camp
program this year.

Mayor Brown suggested investing in upgrades to the Blue Barn facility should the program be expanded.

Mr. Italiano requested Council approve continuing the after-school program and expansion to the KinderCare program.

Township Manager Czerniecki stated a resolution could be prepared for a future meeting.

2010 Municipal Budget Appropriations Review

Township Manager Czerniecki presented Council with a status on the budget gap and reviewed areas where the shortfall has been reduced. He informed Council that managerial staff will not receive a raise and explained personnel cuts resulting from attrition.

He reviewed State influenced expenses and contractual increases, including a 40% increase on Police salaries and pensions since 2006.

Mr. Czerniecki explained the potential effect of a reduction in state aid on the municipal budget.

EMUA

Mayor Brown introduced Joe Rizzuto as the new Executive Director of the MUA.

Mayor Brown stated that Council is looking at finding cost effective ways to do business. With regard to a potential dissolution of the MUA, Mayor Brown stated that he did not anticipate any job losses.

Township Manager Czerniecki reviewed the dissolution process, including costs associated with mandatory studies.

He presented a summary of the MUA reserves and operating budget.

Deputy Mayor Howarth stated that while management is making good strides in addressing budget issues, he believes more can be done.
He suggested utilizing 5% of funds from the MUA operating budget, which is allowable by law to offset the municipal budget.

Councilman McKenna disagreed, stating that to do so would deplete the MUA. He stated that the MUA is efficient and that it would be a bad business practice, comparing it to school tax deferrals. With regard to dissolution of the MUA, he suggested that it might require restructuring and may result in job loss.

Mayor Brown suggested a professional report be prepared to answer questions regarding dissolution.

Discussion followed.

Township Manager Czerniecki stated that any decision regarding the MUA will not affect this year’s budget.

Township Manager Czerniecki requested Council’s direction regarding utilizing 5% of the MUA operating budget and moving forward with an
RFP on a study for dissolution.

Council consensus to move forward with preparing a study. Councilman McKenna requested that potential regionalization be included in the study. Both Councilmen McKenna and Croft offered their 2010 salaries to offset professional fees associated with the study.

With regard to utilizing 5% of the MUA operating budget, Council consensus to not take any action until after the study is completed and reviewed.

Deputy Mayor Howarth was in disagreement.

Township Manager Czerniecki reminded Council of the RFP and interview process for soliciting professional services for the
study.

Mayor Brown suggested cancelling the Council meeting of February 2, 2010.

Council consensus to cancel meeting of February 2, 2010, with the next regular meeting scheduled for February 16, 2010.

ORDINANCES – FIRST READING

Ordinance No. 1-2-2010 – An Ordinance Amending Chapter 45, Article I of the Code of the Township of Evesham – Alcoholic Beverages – To
Include Hotel/Motel Liquor Licenses

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 1-2-2010, with second reading and public hearing on February 16, 2010.

Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Naye: XXX

Motion Carried: 5-0.

RESOLUTIONS:

RESOLUTION NO. 2-2010 – AUTHORIZING THE EXECUTION OF A MUNICIPAL SOLID WASTE SERVICE CONTRACT WITH THE COUNTY OF BURLINGTON FOR THE PROVISION OF SOLID WASTE SERVICES
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 2-2010.

Council Comments: None.

Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown

Naye: XXX

Motion Carried: 5-0.

RESOLUTION NO. 3-2010 – RESOLUTION APPROVING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWNSHIP OF EVESHAM AND THE WILEY MISSION

Township Solicitor Drollas informed Council that the agreement is not finalized and suggested Council table the resolution.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to table Resolution No. 3-2010.

Council Comments: None.

January 19, 2010
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown
Naye: XXX
Abstain: XXX
Motion Carried 5-0.

RESOLUTION NO. 4-2010 – APPOINTMENT TO THE EVESHAM MUNICIPAL UTILITIES AUTHORITY – REGULAR MEMBER – FIVE YEAR TERM

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to table Resolution No. 4-2010.

Council Comments: None.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown

Naye: XXX Abstain: XXX
Motion Carried 5-0.
Mayor Brown interviews. requested that applicants be contacted to set-up

RESOLUTION NO. 5-2010 – RESOLUTION RATIFYING CONTRACT WITH EVESHAM TOWNSHIP ZONING BOARD CONFLICT ATTORNEY
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 5-2010.

Council Comments: None.

Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown
Naye: XXX
Abstain: XXX

Motion Carried 5-0.

MOTION: REVIEW OF 2010 FIRE DISTRICT BUDGET (BOARD MEMBER COMPENSATION ONLY)

Deputy Mayor Howarth motioned, seconded by Councilwoman Hackman, “In accordance with NJSA 40A:14-88, I move to acknowledge that the their proposed 2010 Budget which is scheduled to be voted upon by the public on February 20, 2010.”

Council Comments: None.

Recorded Vote: AYE: Croft, Hackman, Howarth, McKenna, Mayor Brown
NAYE: XXX
ABSTAIN: XXX

Motion Carried: 5-0.

CONSENT AGENDA

RESOLUTION NO. 6-2010 – TRANSFER OF OVERPAYMENT OF TAXES – 2009-2010

RESOLUTION NO. 7-2010 – RESOLUTION RE-ESTABLISHING PETTY CASH

RESOLUTION NO. 8-2010 – AUTHORIZING TRANSFERS OF APPROPRIATION

RESERVES (NUMBER 1)
RESOLUTION NO. 9-2010 – RESOLUTION AUTHORIZING ASSESSOR’S APPEALS

AND STIPULATIONS
RESOLUTION NO. 10-2010 – AUTHORIZING SALE OF SURPLUS PROPERTY

RESOLUTION NO. 11-2010 – AUTHORIZING THE AWARD OF A GRANT FROM THE
AFFORDABLE HOUSING TRUST FUND IN ACCORDANCE WITH THE SPENDING PLAN –

63 DORCHESTER CIRCLE

RESOLUTION NO. 12-2010 – RELEASE OF PERFORMANCE GUARANTEE (LETTER OF CREDIT) – LIBERTY BELL BANK – BLOCK 9, LOT 11 (145 N. MAPLE AVENUE) – ON-SITE IMPROVEMENTS

RESOLUTION NO. 13-2010 – RELEASE OF PERFORMANCE GUARANTEE (LETTER OF CREDIT) – LIBERTY BELL BANK – BLOCK 9, LOT 11 (145 NORTH MAPLE AVENUE) – (BANK SITE) – LANDSCAPING IMPROVEMENTS RESOLUTION NO. 14-2010 – RELEASE OF A PORTION OF A COMBINED PERFORMANCE GUARANTEE (LETTER OF CREDIT) – LIBERTY BELL BANK (DRIVE THRU ADDITION) – BLOCK 9, LOT 11 (145 N. MAPLE AVENUE) – LANDSCAPING IMPROVEMENTS

RESOLUTION NO. 15-2010 – RELEASE OF PERFORMANCE GUARANTEE – TEXACO SERVICE STATION (STAR ENTERPRISES) – BLOCK 11A, LOT 37 (N/K/A BLOCK 4.01, LOT 37) – LANDSCAPING IMPROVEMENTS

RESOLUTION NO. 16-2010 – REJECTION OF REQUEST FOR RELEASE OF A PORTION OF A COMBINED PERFORMANCE GUARANTEE (LETTER OF CREDIT) – LIBERTY BELL BANK (DRIVE THRU ADDITION) – BLOCK 9, LOT 11 (145 N. MAPLE AVENUE) – ON-SITE IMPROVEMENTS

RESOLUTION NO. 17-2010 – RESCISSION OF RESOLUTION NO. 317-2009 (CALL OF MAINTENANCE GUARANTEE – THE SANCTUARY SECTION II – 45 SFD LOTS – ON-SITE IMPROVEMENTS)

RESOLUTION NO. 18-2010 – RESCISSION OF RESOLUTION NO. 318-2009 (CALL OF MAINTENANCE GUARANTEE – THE SANCTUARY – SECTION II – BASIN 3 RELIEF PIPE – ON-SITE IMPROVEMENTS)

RESOLUTION NO. 19-2010 – RESCISSION OF RESOLUTION NO. 319-2009 (CALL OF MAINTENANCE GUARANTEE – THE SANCTUARY – SECTION II – LANDSCAPING IMPROVEMENTS)

MOTION
Approval of Application for Special Permit for Social Affair
Marlton Recreation Council
Beef and Beer Fundraiser – February 6, 2010 -Gibson House
Proceeds Support Marlton Devils

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution Nos. 6-2010 through 19-2010, including the motion.

Mayor Brown called for any separations. There being none, Mayor Brown called for a vote.

Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown
Naye: XXX
Abstain: XXX

Motion Carried 5-0.

PUBLIC COMMENTS

David Silver, 20 Heather Drive, with regard to discussion on MUA dissolution, suggested consideration of MUA employees impacting health benefits rates should they become Township employees.

STAFF COMMENTS

Clerk’S Report – None.

Solicitor’s Report – None.

Township Engineer – Mayor Brown commended Township Engineer Arango for completing road projects before the recent snow storm.

Manager’s Report – Mr. Czerniecki congratulated Mayor Brown on a successful football season, coaching with the Baltimore Ravens.

COUNCIL COMMENTS

Councilwoman Hackman acknowledged Alison Frame’s receipt of the Girl Scout Gold Award.

Councilman McKenna remarked that he enjoyed the Fire District Banquet and congratulated those who received awards.

Councilman Croft congratulated Alison Frame on receiving the Girl Scout Gold Award and on her public service. He apologized for not being able to attend the Fire District Banquet.

Deputy Mayor Howarth regretted not being able to attend the Fire District Banquet as well.

Mayor Brown thanked everyone who for their support of the Ravens during the play offs.

He acknowledged everyone for contributing their ideas at the meeting.

RESOLUTION NO. 20-2010 – RESOLUTION AUTHORIZING THE MAYOR, TOWNSHIP COUNCIL 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: TOPICS:

PERSONNEL; CONTRACT NEGOTIATIONS; LITIGATION

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 20-2010.
Recorded Vote: Aye: All Ayes.
Naye: XXX
Abstain: XXX
Motion Carried: 5-0.
Mayor Brown called recess at 9:10p.m.

Council reconvened in Executive Session at 9:20p.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.
NAYE: XXX
ABSTAIN: XXX

Motion Carried 5-0.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adjourn the meeting.

Recorded Vote: AYE: All Ayes.
NAYE: XXX
ABSTAIN: XXX

Motion Carried 5-0.

Meeting adjourned at 9:50p.m.

Carmela Bonfrisco, Township Clerk Randy Brown, Mayor

Lori A. Friddell, Deputy Township Clerk/Recording Secretary

Submitted: January 20, 2010
Approved : _______________