08-10-10 Council Meeting

August 10, 2010
Regular Meeting

The Regular Meeting of the Evesham Township Council was called to order by Mayor Brown at 6:30p.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: Hackman, Howarth, McKenna, Mayor Brown

Absent: Croft

Also Present: Township Manager Czerniecki, Township Solicitor Drollas, Township Engineer Staszewski, Township Clerk Bonfrisco, Deputy Township Clerk Friddell

APPROVAL OF MINUTES:

Regular Meeting – June 22, 2010
Reorganization – July 1, 2010
Regular Meeting – July 13, 2010

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to approve the above listed minutes.

Recorded Vote on June 22, 2010 and July 13, 2010:

AYE: Hackman, Howarth, McKenna, Brown

NAYE: XXX

ABSTAIN: XXX

Motion Carried: 4-0.

Recorded Vote on July 1, 2010:

AYE: Hackman, Howarth, Brown

NAYE: XXX

ABSTAIN: McKenna

Motion Carried: 3-0-1.

Mayor Brown noted the presence of NFL Films, explaining that they were completing a documentary on him in his dual roles of Mayor and NFL coach; since he is likely the only one to hold the two positions simultaneously.

COMMENDATIONS

Resolution No. 206-2010

Eagle Scout – Dominic Anthony Roskoski – Troop 100

Mayor Brown read the resolution into the record and presented it to Dominic Anthony Roskoski, congratulating him on his achievement.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 206-2010.

Recorded Vote: AYE: Hackman, Howarth, McKenna, Brown

NAYE: XXX

ABSTAIN: XXX

Motion Carried: 4-0.

PRELIMINARY PUBLIC COMMENT

There being no comments, public comment was closed.

WORK SESSION – Youth Advisory Committee

Township Manager Czerniecki updated Council on the status of a potential youth advisory committee. He stated that he would like to circulate a mission statement to local youth groups for comment. The Committee, as Councilwoman Hackman had suggested, would offer local youth the chance to input on the growth, development and direction of Evesham.

Councilman McKenna suggested that the membership be a true cross-section of the local youth.

Councilwoman Hackman stated she believed the committee would develop new leaders.

Deputy Mayor Howarth stated that the committee would offer different perspectives.

ORDINANCES – SECOND READING

Ordinance No. 17-8-2010 – An Ordinance of the Township of Evesham, County of Burlington, State of New Jersey, Amending Chapter 160 of the Land Use Code of the Township of Evesham Entitled “Zoning” to Permit Helistops as Conditional Uses in the Land Use Development Ordinance of the Township of Evesham

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to open the public hearing on Ordinance No. 17-8-2010.

Recorded Vote: Aye: All Ayes.

Nay: XXX

Motion Carried: 4-0.

Dave Traino, 123 Church Road presented photos of a helicopter flying over his home. He stated that the helicopter is landing multiple times a day and creating a disturbance to area residents.

Mayor Brown explained that the proposed ordinance will support a new flight pattern and landing area which is more removed from the residential area.

Township Solicitor Drollas explained that the State, not the Township, issues helicopter permits; however the intention of the ordinance is to minimize residential impact.

Pat Hanson, 45 Pickwick Drive, opposed the noise and hours associated with the helicopter landing near Stow Road and expressed concern regarding diminished home value.

Mayor Brown explained that the ordinance sets rules and regulations regarding helistops which will limit residential problems.

There being no further 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: 4-0.

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Ordinance No. 17-8-2010 on second and final reading.

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

Nay: XXX

Motion Carried: 4-0.

Ordinance No. 18-8-2010 – Ordinance of the Township of Evesham Amending Chapter 160, the Zoning Code of the Township of Evesham to Implement the Recommendations of the 2010 Master Plan Reexamination/Amendment

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to open the public hearing on Ordinance No. 18-8-2010.

Recorded Vote: Aye: All Ayes.

Nay: XXX

Motion Carried: 4-0.

Sandy Student, MEDAC Chairman, thanked Council for taking the recommendations presented as a result of the visioning study.

There being no further 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: 4-0.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Ordinance No. 18-8-2010 on second and final reading.

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

Nay: XXX

Motion Carried: 4-0.

ORDINANCES – FIRST READING

Ordinance No. 19-9-2010 – An Ordinance of the Township of Evesham Amending Chapter 72 of the Code of the Township of Evesham – (Fees)

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to introduce Ordinance No. 19-9-2010, with second reading and public hearing on September 21, 2010.

Council Comments: None

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

Nay: XXX

Motion Carried: 4-0.

Ordinance No. 20-9-2010 – An Ordinance of the Township of Evesham Amending Ordinance No. 15-7-2010, Which Ordinance Provides for Salaries and Compensation to be Paid to the Officers and Employees of the Township of Evesham, County of Burlington, State of New Jersey for the Year 2010 and Beyond

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 20-9-2010, with second reading and public hearing on September 21, 2010.

Council Comments: None

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

Nay: XXX

Motion Carried: 4-0.

Ordinance No. 21-9-2010 – An Ordinance of the Township of Evesham Amending Chapter 139 of the Code of the Township of Evesham Entitled Stormwater Management to Regulate Private Storm Drain Inlet Retrofitting

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to introduce Ordinance No. 21-9-2010, with second reading and public hearing on September 21, 2010.

Council Comments: None

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

Nay: XXX

Motion Carried: 4-0.

Ordinance No. 22-9-2010 – An Ordinance of the Township of Evesham Amending Chapter 139 of the Code of the Township of Evesham Entitled Stormwater Management to Regulate Dumpsters and Other Refuse Containers

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 22-9-2010, with second reading and public hearing on September 21, 2010.

Council Comments: None

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

Nay: XXX

Motion Carried: 4-0.

RESOLUTIONS:

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to add Resolution Nos. 207-2010 through 218-2010 to the consent agenda.

Recorded Vote: All ayes.

Motion Carried: 4-0.

CONSENT AGENDA

Resolution No. 207-2010 – Review of 2009 Annual Audit Report

Resolution No. 208-2010 – A Resolution Authorizing the Township of

Evesham to Establish a Joint Purchasing System and to Enter into Joint Purchasing Agreements with Other Contracting Units

Resolution No. 209-2010 – Award of Contract for Professional Engineering Services – Mayfair Storm Water Basins Study

Resolution No. 210-2010 – Award of Contract for Professional Engineering Services – Tara Terrace Underdrain Replacement

Resolution No. 211-2010 – Award of Contract for Professional Engineering Services – Drainage Improvements to Baker Boulevard and Counts Court

Resolution No. 212-2010 – Award of Contract for Professional Engineering Services – Drainage Improvements to Country Lakes Drive

Resolution No. 213-2010 – Award of Contract for Professional Engineering Services – Drainage Improvements to Pelham Road

Resolution No. 214-2010 – Award of Contract for Professional Engineering Services – 2010 Road Program – Part of Braddock Mill Road, Knightswood Drive, and Charter Oak Lane

Resolution No. 215-2010 – 2010 Renewal of Contract for Services by a Non-Profit Organization to Promote the Arts, Instruct Area Residents, and Conduct Community Events

Resolution No. 216-2010 – Authorizing Execution of Dam Loan Application (Marlton Lakes Civic Association)

Resolution No. 217-2010 – Resolution Authorizing Submission of a Grant Application and Execution of Grant Agreement with the New Jersey Department of Transportation for Project Bikeways 2011

Resolution No. 218-2010 – Resolution to Amend Resolution No. 130-2010 Authorizing Public Sale of One Hotel/Motel Plenary Retail Consumption License and Authorizing Amendment to Invitation to Bidders

Resolution No. 219-2010 – Award of Contract – Professional Appraisal Services – Tax Appeal – Carmela Aristone – Block 16, Lot 1 – 890 Route 70 East

Resolution No. 220-2010 – Award of Contract – Professional Appraisal Services – Tax Appeal – Willow Ridge Village Apartments – Block 35.07, Lot 1 – 1 Meridian Court

Resolution No. 221-2010 – Resolution Ratifying Contract with Evesham Township Planning Board Solicitor

Resolution No. 222-2010 – Resolution Ratifying Contract with Evesham Township Planning Board Engineer

Resolution No. 223-2010 – Resolution Ratifying Contract with Evesham Township Planning Board Planner

Resolution No. 224-2010 – Resolution Ratifying Contract with Evesham Township Planning Board Traffic Engineer

Resolution No. 225-2010 – Resolution Ratifying Contract with Evesham Township Planning Board Environmental consultant

Resolution No. 226-2010 – Resolution Ratifying Contract with Evesham Township Planning Board Archeological Consultant

Resolution No. 227-2010 – Resolution Ratifying Contract with Evesham Township Zoning Board Solicitor

Resolution No. 228-2010 – Resolution Ratifying Contract with Evesham Township Zoning Board Engineer

Resolution No. 229-2010 – Resolution Ratifying Contract with Evesham Township Zoning Board Planner

Resolution No. 230-2010 – Resolution Ratifying Contract with Evesham Township Zoning Board Traffic Engineer

Resolution No. 231-2010 – Resolution Ratifying Contract with Evesham Township Zoning Board Environmental Consultant

Resolution No. 232-2010 – Resolution Ratifying Contract with Evesham Township Zoning Board Archeological Consultant

Resolution No. 233-2010 – Amendment to Contract with the Evesham Township Superior Officers Association Lodge 143A (Lieutenants and Sergeants) Contract – 2010, 2011, 2012 and 2013

Resolution No. 234-2010 – Amendment to Contract FY 2008 NJDOT Trust Fund Improvements to North Locust Avenue and Authorization of Change Order No.1 with Respect Thereto

Resolution No. 235-2010 – Resolution Authorizing the Award of a Contract for the Purchase of Parts and Repairs for Lawn and Grounds Equipment Through the State of New Jersey Cooperative Purchasing Program I-NJCP

Resolution No. 236-2010 - Resolution Authorizing the Award of a Contract for the Purchase of Parts and Equipment for Computer Networks Through the State of New Jersey Cooperative Purchasing Program I-NJCP – (Hewlett Packard)

Resolution No. 237-2010 – Resolution Authorizing the Award of a Contract for the Purchase of Parts and Equipment for Computer Networks Through the State of New Jersey Cooperative Purchasing Program I-NJCP – (Howard Computers)

Resolution No. 238-2010 – Resolution Authorizing the Award of a Contract for the Purchase of Parts and Equipment for Computer Networks Through the State of New Jersey Cooperative Purchasing Program I-NJCP – (Dell Marketing)

Resolution No. 239-2010 – Authorizing the Award of a Grant from the Affordable Housing Trust Fund in Accordance with the Spending Plan – 42 Five Crown Royal Parkway

Resolution No. 240-2010 – Authorizing the Award of a Grant from the Affordable Housing Trust Fund in Accordance with the Spending Plan – 119 Walnut Avenue

Resolution No. 241-2010 – Authorizing Sale of Surplus Property

Resolution No. 242-2010 – Insertion of Special Items of Revenue in the Budget, Chapter 159, P.L. 1948 – Over the Limit Under Arrest 2010 Statewide Crackdown Grant - $4,400.00

Resolution No. 243-2010 – Insertion of Special Items of Revenue in the Budget, Chapter 159, P.L. 1948 – Municipal Alliance Grant - $17,500.00

Resolution No. 244-2010 – Resolution Amending the Township’s Department of Recreation Facilities Use Policy to Delete “Schedule of Fees” and Replace with Language Referencing Chapter 72 of the Code of the Township of Evesham - Fees

Resolution No. 245-2010 – Release of Maintenance Guarantee (Cash Guarantee) – Collision Max – (CSI Holdings, Inc.) – Block 25, Lot 2.02 & Block 4.02, Lot 13 (n/k/a Block 4.02, Lot 13.01 – 22 West Main Street) – On-Site Improvements

Resolution No. 246-2010 – Release of Maintenance Guarantee (Cash Guarantee) – Collision Max – (CSI Holdings, Inc.) – Block 25, Lot 2.02 & Block 4.02, Lot 13 (n/k/a Block 4.02, Lot 13.01 – 22 West Main Street) – Landscaping Improvements

Resolution No. 247-2010 – Release of Maintenance Guarantee – Maple Tree Center (North Maple Avenue/Greentree Road) – Block 2.10, Lots 7, 9 to 14 and 12.01 – Landscaping Improvements

Resolution No. 249-2010 – Resolution Authorizing Submission of Application for Municipal Alliance Grant for Calendar Year 2011

MOTIONS

Approval of Application for Special Permit for Social Affair

The Marlton Sons of Italy Lodge 2315
Pig Roast – September 25, 2010 – St. Joan of Arc Church Cafeteria
Proceeds Accrue to the Marlton Sons of Italy General Fund

Approval of Application for Special Permit for Social Affair

Jersey Sound Chorus of Sweet Adelines International
Fundraising Dinner – October 30, 2010 – Gibson House
Proceeds Accrue to the South Jersey Chorus Operating Expenses

Approval of Application for Special Permit for Social Affair

Knights of Columbus #6530
Golf Outing Fundraiser – September 24, 2010 – Gibson House
Proceeds Accrue to the Knights of Columbus for Charitable Disbursement

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution Nos. 207-2010 through 247-2010 and 249-2010, including the listed motions.

Mayor Brown called for any separations.

Mayor Brown requested separation of Resolution No. 216-2010.

Councilman McKenna requested separation of Resolution No. 215-2010.

Mayor Brown called for a vote on the remaining Consent Agenda.

Recorded Vote on Resolution Nos. 207-2010 through 214-2010, 217-2010 through 247-2010, and 249-2010, including the listed motions.

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

Nay: XXX

Abstain: XXX

Motion Carried 4-0.

Resolution No. 215-2010 – 2010 Renewal of Contract for Services by a Non-Profit Organization to Promote the Arts, Instruct Area Residents, and Conduct Community Events

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 215-2010.

Council Comments: Councilman McKenna inquired if the Center for the Arts was working on becoming self sufficient.

Ken D’Andrea, 1 Pierre Court, President of the Evesham Celebrations Committee informed Council that the Center for the Arts has been involved annually in the Fall Festival and that the Celebrations Committee intends to work together with them on fundraising to assist in the long-term plan for their self sufficiency.

Discussion followed on the success of the Center for the Arts.

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

Nay: XXX

Motion Carried: 4-0.

Resolution No. 216-2010 – Authorizing Execution of Dam Loan Application (Marlton Lakes Civic Association)

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 216-2010, removing the name Crane Lake Dam and inserting the name Upper or Flamingo Lake Dam.

Council Comments:

Mayor Brown invited a representative of the Marlton Lakes Civic Association to speak.

Mr. Vasile, 135 Hickory Road, explained the application process and the requirement of a co-sign for the DEP Loan.

Discussion followed regarding stipulation of right to assess in the event of a default.

Mayor Brown stated he is supportive of the MLCA and advocates the partnership.

Mr. Vasile thanked the Council and stated that the MLCA is fully funded for the project.

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

Nay: XXX

Motion Carried: 4-0.

PUBLIC COMMENTS

Christine Rivera, 406 Berkshire Way approached Council with a complaint regarding her recent interaction with the Municipal Court.

Township Solicitor Drollas recommended she speak with the Township Prosecutor.

Mayor Brown requested Township Manager Czerniecki speak with the Court Administrator and that the Township Prosecutor provide Ms. Rivera with direction.

There being no further comments, public comment was closed.

STAFF COMMENTS

Township Clerk Bonfrisco reminded Council of the upcoming League of Municipalities Convention.

Township Manager Czerniecki informed Council that Evesham is the first Southern New Jersey municipality to offer property tax payment online.

Township Engineer Staszewski informed Council that the solar panel contract is executed and should be installed by the end of the month.

COUNCIL COMMENTS

Councilman McKenna congratulated Tom Shanahan on appointment as Deputy Township Manager.

Mayor Brown thanked the Celebrations Foundation for their work in the community and thanked all in attendance.

RESOLUTION NO. 248-2010 – 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: PERSONNEL

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 248-2010.

Recorded Vote: Aye: All Ayes.

Nay: XXX

Abstain: XXX

Motion Carried: 4-0.

Council convened in Executive Session at 7:53p.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 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 4-0.

Meeting adjourned at 8:29p.m.

__________________________________ ____________________________

Carmela Bonfrisco, Township Clerk Randy Brown, Mayor

___________________________________

Lori A. Friddell, Recording Secretary

Submitted: September 14, 2010

Approved : _____________________