Minutes 2010 05-18-10 Council Meeting
05-18-10 Council Meeting
May 18, 2010
Regular Meeting
The Regular Meeting of the Evesham Township Council was called to order by Mayor Brown at 7:10p.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 Staszewski, Township Clerk Bonfrisco, Deputy Township Clerk Friddell
APPROVAL OF MINUTES:
Regular Meeting – April 21, 2010
Executive Session – April 21, 2010
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, 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.
PROCLAMATIONS
Relay for Life Month – May 2010
Mayor Brown read the proclamation into the record and presented it to Cathy Landolt, representing the American Cancer Society.
Ms. Landolt thanked Mayor and Council and invited everyone to participate and support the overnight Relay for Life Event at Cherokee on June 5th and 6th.
Volunteer of the Month – Kenneth P. D’Andrea
Mayor Brown recognized Ken D’Andrea for his public service, read the proclamation into the record and presented it to Mr. D’Andrea. Mr. D’Andrea stated he was honored to be recognized and thanked his family for their ongoing support. He stated that he is happy to give back to the great community.
Comcast Leaders and Achievers Scholarship - James Bloss
Deputy Mayor Howarth acknowledged James as a dedicated member of Boy Scout Troop 49, as a devoted volunteer and talented musician. Deputy Mayor Howarth read the proclamation into the record and presented it to James Bloss.
James Bloss thanked Mayor and Council for their recognition.
Cherokee High School Teachers of the Year
Deneen Wood – Cherokee North
Sarah Moretti – Cherokee South
Mayor Brown stated that he is proud of the teachers in the district and was happy to recognize two outstanding Cherokee High School teachers. Mayor Brown read the Proclamation for Sarah Moretti into the record and presented same. Ms. Moretti thanked Council and asked for continued support for education.
Mayor Brown read the Proclamation for Deneen Wood into the record and presented same. Ms. Wood thanked Council and stated she was proud that two special education teachers were chosen for Teacher of the Year. She asked for support of schools and teachers throughout the budget process.
Cherokee High School Boys Varsity Basketball Team – NJSIAA State Group 4 Champions
Mayor Brown introduced head coach Ron Powell and recognized him as an elite resident who produces quality men in the classroom and on the court. He congratulated him on his retirement from coaching. Mayor Brown invited the team to join him and read the proclamation into the record. Coach Powell thanked the team, Mayor and Council and the community for a great year.
PRELIMINARY PUBLIC COMMENT
There being no comments, public comment was closed.
PUBLIC COMMENT
Eleanor Bisignano, 1900 Old Marlton Pike, requested a reduction of the speed limit on Old Marlton Pike from 40 MPH to 35 MPH.
Discussion followed.
Township Manager Czerniecki, at Council’s direction, will request a Police Department study.
Brian Betze, 137 Bortons Road, together with Herman Maurer, 139 Bortons Road, inquired regarding current construction of a road within the Pinelands. They expressed concern over ATV and dirt bikes utilizing the road and a potential decrease in property value.
Mayor Brown explained that the road is associated with an MUA project, which had received Pinelands and NJDEP approval. He directed Township Manager Czerniecki to organize a meeting with Joe Rizzuto, Executive Director of the MUA and Mr. Betze and Mr. Maurer.
Rebecca Campbell, 13 Marcy Court, inquired on Code restrictions regarding her neighbor planting bamboo along a shared fence line.
Township Manager Czerniecki stated that if there are any Code violations, they will be addressed.
Rich Soboleski, 120 Kettle Run Road, expressed concern over a potential safety issue at Cherokee High School while school busses are exiting.
Joe Fisicaro, representing the Lenape Regional High School District Board of Education, informed Council that the Board is working on the situation.
There being no further comments, public comment was closed.
ADOPTION OF TEMPORARY CAPITAL BUDGET
Township Manager Czerniecki thanked Township Finance Director Shanahan, Deputy Treasurer Liz Peddicord and Auditor Mike Holt for their work on the 2010 Budget.
He reviewed the proposed budget which has a zero percent tax increase.
He commended the union members for their leadership and commitment in allowing significant modifications in their contracts and contributing to health care costs.
Mayor Brown credited Council Members of the past three years for their efforts in addressing the budget deficit. He commended Township Manager Czerniecki for his leadership.
Councilman McKenna thanked the finance team and made reference to the small number of residents in attendance for action on the municipal budget.
Resolution No. 92-2010 – Authorizing Emergency Temporary Appropriations (2010-3)
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 92-2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Resolution No. 93-2010 – Resolution of the Township of Evesham, County of Burlington, State of New Jersey Authorizing the Adoption of a Temporary Capital Budget for General Capital and Golf Course Utility Capital Purposes
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 93-2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Mayor Brown requested to cancel the meeting of June 1, 2010 and move the next regular Council Meeting from June 15, 2010 to June 22, 2010.
Council consensus to amend the meeting schedule as requested.
ORDINANCES – FIRST READING
Ordinance No. 9-6-2010 – An Ordinance of the Township of Evesham, In the County of Burlington, New Jersey, Providing for Various Capital Improvements and Related Expenses in and for the Township, Appropriating $3,561,000 Therefor, and Authorizing the Issuance of $3,153,300 in General Improvement Bonds or Notes of the Township to Finance the Same
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 9-6-2010, with second reading and public hearing on June 22, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Ordinance No. 10-6-2010 – Bond Ordinance of the Township of Evesham, In the County of Burlington, New Jersey, Providing for the Acquisition of Golf Course Equipment and the Construction of Facility Improvements and Related Expenses in and for the Township, and Appropriating $140,000 Therefor, and Providing for the Issuance of $133,310 in General Improvement Bonds or Notes of the Township of Evesham to Finance the Same
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 10-6-2010, with second reading and public hearing on June 22, 2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Abstain: XXX
Motion Carried: 5-0.
INTRODUCTION OF 2010 MUNICIPAL BUDGET
ORDINANCE NO. 11-6-2010 – CALENDAR YEAR 2010 MODEL ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 11-6-2010, with second reading and public hearing on June 22, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
RESOLUTION NO. 94-2010 – RESOLUTION TO DEFER 2009 REGIONAL HIGH SCHOOL TAXES – 2010 MUNICIPAL BUDGET
On motion by Councilwoman Hackman, seconded by Councilman McKenna, it was moved to adopt Resolution No. 94-2010.
Council Comments: Councilman McKenna stated that he was pleased to see the Township decreasing the deferral program.
Recorded Vote: Aye: Croft, Hackman, McKenna, Brown
Nay: XXX
Abstain: Howarth
Motion Carried: 4-0-1.
RESOLUTION NO. 95-2010 – A RESOLUTION OF THE TOWNSHIP OF EVESHAM, COUNTY OF BURLINGTON, STATE OF NEW JERSEY, AUTHORIZING THE USE OF THE AVERAGE TAX COLLECTION RATE OF THE THREE PRECEDING FISCAL YEARS FOR THE CALCULATION OF THE RESERVE FOR UNCOLLECTED TAXES APPROPRIATION IN THE 2010 BUDGET
On motion by Councilwoman Hackman, seconded by Councilman Croft, it was moved to adopt Resolution No. 95-2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Abstain: XXX
Motion Carried: 5-0.
Township Clerk Bonfrisco reminded Council that Resolution No. 96-2010 will need to be amended to state the Public Hearing Date as June 22, 2010.
RESOLUTION NO. 96-2010 – INTRODUCTION OF THE 2010 MUNICIPAL BUDGET BY TITLE
On motion by Councilwoman Hackman, seconded by Councilman McKenna, it was moved to adopt Resolution No. 96-2010, as amended, with the Public Hearing of the Municipal Budget on June 22, 2010 at 7p.m.
Council Comments: Councilman McKenna thanked the Township Employees for stepping up and being good leaders.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Abstain: XXX
Motion Carried: 5-0.
ORDINANCES – SECOND READING
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 Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to open the public hearing on Ordinance No. 8-5-2010.
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 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. 8-5-2010 on second and final reading.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
ORDINANCES – FIRST READING
Ordinance No. 12-6-2010 – Ordinance to Amend the Code of the Township of Evesham Entitled “Peace and Good Order”
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 12-6-2010, with second reading and public hearing on June 22, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Ordinance No. 13-6-2010 – An Ordinance of the Township of Evesham Amending Chapter 3 of the Code of the Township of Evesham Entitled “Administrative Code”
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to introduce Ordinance No. 13-6-2010, with second reading and public hearing on June 22, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Ordinance No. 14-6-2010 – An Ordinance of the Township of Evesham Amending Chapter 72 of the Code of the Township of Evesham Entitled “Fees”.
On motion by Councilwoman Hackman, seconded by Councilman Croft, it was moved to introduce Ordinance No. 14-6-2010, with second reading and public hearing on June 22, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
RESOLUTIONS:
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman it was moved to add Resolution Nos. 65-2010 and 97-2010 to the Consent Agenda.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Resolution No. 98-2010 – Authorizing Execution of a Shared Services Agreement with the Borough of Medford Lakes for Tax Assessment Services
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 98-2010.
Council Comments: Mayor Brown stated that shared services such as this are the way of the future for cost effectiveness.
Township Manager Czerniecki credited the reputation of the Tax Assessor’s Department for attracting the agreement.
Councilman McKenna inquired on the value of the service.
Township Manager Czerniecki explained that Medford Lakes will gain extended hours and expertise in the field.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Resolution No. 99-2010 – Ratification of the Evesham Township Fraternal Order of Police Lodge No. 143 Contract – 2010, 2011, 2012, 2013
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 99-2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Resolution No. 100-2010 – Ratification of Amendments to Teamster Contract – Clerical Union – 2008, 2009 and 2010
On motion by Deputy Mayor Howarth, seconded by councilwoman Hackman, it was moved to adopt Resolution No. 100-2010.
Council Comments: Township Manager Czerniecki thanked Union Representatives Terri Butz and Elaine Lesher for their leadership.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Resolution No. 101-2010 – Ratification of Amendments to Teamster Contract – Public Works – 2008, 2009 and 2010
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 101-2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Resolution No. 102-2010 – Ratification of Amendment to Contract – Office and Professional Employees International Union Local 32 (OPEIU) – Parks Division of Department of Public Works – 2008, 2009 and 2010
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 102-2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Resolution No. 121-2010 – Ratification of the Evesham Township Superior Officers Association Lodge No.143A (Lieutenants and Sergeants) Contract – 2010, 2011, 2012, 2013
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 121-2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
CONSENT AGENDA
Resolution No. 65-2010 – Resolution of the Township of Evesham, in the County of Burlington, New Jersey, Authorizing the Sale of $2,570,000 Principal Amount of General Obligation Bonds, Series 2010; and Authorizing Other Matters Relating Thereto
Resolution No. 97-2010 – Award of Contract – HVAC Service and Maintenance Program – Department of Public Works – Municipal Property Division
Resolution No. 103-2010 – Award of Additional Contract – Engineering Services – 2008 Road Program – North Locust Avenue
Resolution No. 104- 2010 – Award of Contract – Planning Services – Master Plan Re-Examination
Resolution No. 105-2010 – Award of Contract for the Purchase of 2010 Law Enforcement Uniforms and Accessories – Contract Period from July 21, 2010 to July 20, 2011 – Police Department
Resolution No. 106-2010 – Renewal of Contract – 2010 Food Related Products and Services – Contract Period June 24, 2010 to September 3, 2010 – Department of Public Works – Parks Division – Triple A Summer Camp Program
Resolution No. 107-2010 – Resolution Authorizing the Award of a Contract for the Purchase of Automotive Parts for Heavy Duty Vehicles Through the State of New Jersey Cooperative Purchasing Program I-NJCP
Resolution No. 108-2010 – Approval of Speed Hump Replacement on Meadow Lane
Resolution No. 109-2010 – Authorizing Person-To-Person Transfer of Plenary Retail Consumption Liquor License No. 0313-33-017-002 from Kamakura II, Inc. to Promenade Enterprises, LLC
Resolution No. 110-2010 – Establishment of Special Event Day – Fall Festival – October 2, 2010
Resolution No. 111-2010 – Closing of a Portion of Main Street for 2010 Fall Festival, Subject to Approval of Burlington County Board of Chosen Freeholders
Resolution No. 112-2010 – Establishment of Special Event Day – Evesham Celebrations Foundation – Bike Evesham – October 2, 2010
Resolution No. 113-2010 – Establishment of Special Event Day – Holiday Winterfest – December 3, 2010 (Main Street Firehouse)
Resolution No. 114-2010 – Authorizing the Award of a Grant from the Affordable Housing Trust Fund in Accordance with the Spending Plan – 55 Blanchard Road
Resolution No. 115-2010 – Transfer of Overpayment of Taxes
Resolution No. 116-2010 – Release of Performance Guarantee (Letter of Credit) – Wiley Mission, Inc. – Long Term Care Addition (Phase IIA and IIB) – Block 26, Lot 6 – On-Site Improvements
Resolution No. 117-2010 – Release of Performance Guarantee (Letter of Credit) – 1000/2000 Lincoln Drive Center – Block 2.02, Lot 2 & 4 – Landscaping Improvements
Resolution No. 118-2010 – Release of Maintenance Guarantee – The Sanctuary, Section II – (45SFD Lots) – On-Site Improvements
Resolution No. 119-2010 – Rejection of Request for Release of Performance Guarantee – Whitmore Office – (Convert One Story Structure Into New Office Facility) – Block 8.14, Lot 4.02 (115 Church Road) – On-Site Improvements
On motion by Deputy Mayor Howarth, seconded by Councilman McKenna, it was moved to adopt Resolution Nos. 65-2010, 97-2010 and 103-2010 through 119-2010.
Mayor Brown requested separation of Resolution No. 118-2010.
There being no other separations, Mayor Brown called for a vote on the Consent Agenda.
Recorded Vote on Resolution Nos. 65-2010, 97-2010 and 103-2010 through 117-2010 and 119-2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown
Nay: XXX
Abstain: XXX
Motion Carried 5-0.
Resolution No. 118-2010 – Release of Maintenance Guarantee – The Sanctuary, Section II – (45SFD Lots) – On-Site Improvements
On motion by Councilman McKenna, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 118-2010.
Recorded Vote: Aye: XXX
Nay: Croft, Hackman, Howarth, McKenna, Brown
Motion Failed: 0-5.
PUBLIC COMMENTS
There being no comments, public comment was closed.
STAFF COMMENTS
Township Clerk Bonfrisco reminded Council of the Memorial Day Ceremony on Friday, May 28th at 10a.m. at the Evesham Municipal Building.
She requested Council’s direction for advertising for vacancies for the Planning and Zoning Boards.
Council consensus to maintain same procedure as previous years.
Township Engineer Staszewski informed Council that the solar project will bid again on Friday and that he anticipates bids to be submitted following a pre-bid meeting with vendors.
COUNCIL COMMENTS
Councilwoman Hackman thanked Township Manager Czerniecki for his leadership
Councilman McKenna commented that while thanking the unions and teachers regarding the school budgets, he failed to thank the residents for paying taxes. He stated he appreciates the support of the community.
With regard to the hotel liquor license bid, Councilman McKenna inquired on the next step in the procedure since no bids were received.
Discussion followed.
Councilman McKenna stated that Evesham faced the same challenges as other towns and has proven, that with good leaders and the teamwork of Council and employees, a lot can be achieved. He acknowledged this as his last budget and stated that he is proud of it.
Councilman Croft thanked residents for bearing the burden of the taxes and entrusting Council. He stated that this budget is a step in the right direction.
Deputy Mayor Howarth hoped that through this and the school budget process, employees come through stronger and united. He stated that he is honored to work for the residents of Evesham.
RESOLUTION NO. 120-2010 – 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: TOPIC: LEASE OF PROPERTY; ATTORNEY CLIENT PRIVILEGE
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 120-2010.
Recorded Vote: Aye: All Ayes.
Nay: XXX
Abstain: XXX
Motion Carried: 5-0.
Council convened in Executive Session at 9:23p.m.
On motion by Councilman Croft, seconded by Councilman McKenna, it was moved to come out of Executive Session.
Recorded Vote: AYE: All Ayes.
NAY: 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.
NAY: XXX
ABSTAIN: XXX
Motion Carried 5-0.
Meeting adjourned at 9:40p.m.
__________________________________ ____________________________
Carmela Bonfrisco, Township Clerk Randy Brown, Mayor
___________________________________
Lori A. Friddell, Recording Secretary
Submitted: June 1, 2010
Approved : _______________