Minutes 2010 09-21-10 Council Meeting
09-21-10 Council Meeting
September 21, 2010
Regular Meeting
The Regular Meeting of the Evesham Township Council was called to order by Mayor Brown at 6:45p.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 – August 10, 2010
Executive Session – August 10, 2010
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to approve the above listed minutes.
Recorded Vote: AYE: Hackman, Howarth, McKenna, Brown
NAYE: XXX
ABSTAIN: Croft
Motion Carried: 4-0-1.
OATHS OF ALLEGIANCE
Township Manager Czerniecki commended the efficiency and management of the Evesham Police Department and Chief Barth. Police Chief Barth introduced each officer, acknowledging their promotion.
Mayor Brown administered the oaths of allegiance to each of the newly promoted officers of the Evesham Township Police Department and congratulated them on their promotions. \
Corporal Richard Dixon III
Corporal Ryan Bourdon
Sergeant Brian Rosenberg
Sergeant Joseph Friel
Mayor Brown requested a motion to move Regular Public Comment forward on the agenda.
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to allow Public Comment.
Public Comment
Eleanor Bisignano, 1900 Old Marlton Pike requested Council reduce the speed limit on Old Marlton Pike from 40MPH to 35 MPH.
Township Manager Czerniecki explained that two traffic engineering studies were completed that do not support a decrease in the speed limit.
Ms. Bisignano suggested the Council act without NJDOT approval.
Township Manager Czerniecki stated the Township would risk liability in doing so.
Mayor Brown suggested additional signage to alleviate traffic concerns.
Mary Kay Barnhart, 314 Lakeshore Drive, requested Council consider supplying public water to the Marlton Lakes Development.
Mayor Brown inquired if the Township or MUA, within the last two decades, ever completed a study on how much it would cost per household to run public water to the homes.
Mr. Fisicaro, 62 Apple Way, representing the MUA, stated he heard of one such study. He further stated that the MUA just brought water lines down Kettle Run Road and that the pump station should be finished shortly.
Mayor Brown inquired if water was allowed to be run.
Mr. Fisicaro stated yes, water was allowed, however Pinelands regulations prohibit running sewer. He explained that about thirty years ago the MUA could have brought sewer and water to the Marlton Lakes area, however residents were against it at the time.
Mayor Brown inquired if any Federal or State money was available.
Mr. Fisicaro indicated that funding was approved last month by the State and that there is also Federal money available. He stated that the municipality has to apply for the grants, not the MUA.
Mayor Brown inquired how to determine the cost per home for water connection.
Mr. Fisicaro stated that MUA can perform the study but not apply for funding.
Township Solicitor Drollas stated that the municipality would have to do the assessment; the MUA would not have the power.
Mayor Brown requested that the MUA put the item on their next agenda and that Township Manager Czerniecki and Township Solicitor Drollas develop guidelines of expectations and bring it back to Council.
Mayor Brown further stated that in speaking with homeowners in the Marlton Lakes area, many are interested in public water but want to know the cost, especially before they invest in a new well.
Ray Loog, 323 Lakeshore Drive, stated that when the study was completed, water was not part of the plan, only septic and grey water for septic. He stated that a fee was going to be assessed for the sewer, as well as an annual tank pumping fee.
Councilman McKenna inquired if all residents would be required to accept public water if it was offered.
Township Solicitor Drollas stated they would; State law requires that if a line is run, all have to connect.
Mayor Brown stated that he is scheduled to speak at the Marlton Lakes Clubhouse on October 18th and anticipates having a follow-up report at that time.
There being no further comments, public comment was closed.
WORK SESSION – Benchmark Update
Township Manager Czerniecki explained that in an effort to obtain full state aid funding and follow best practices benchmarks he needed to present a budgetary comparison and forecast.
ORDINANCES – SECOND 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 Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to open the public hearing on Ordinance No. 19-9-2010.
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. 19-9-2010 on second and final reading.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
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 open the public hearing on Ordinance No. 20-9-2010.
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. 20-9-2010 on second and final reading.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
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 Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to open the public hearing on Ordinance No. 21-9-2010.
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. 21-9-2010 on second and final reading.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
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 open the public hearing on Ordinance No. 22-9-2010.
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. 22-9-2010 on second and final reading.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
ORDINANCES – FIRST READING
Ordinance No. 23-10-2010 – An Ordinance of the Township of Evesham Amending Chapter 22 of the Code of the Township of Evesham, Entitled “Personnel Policies” to add a New Section 22-15, Entitled Employee Health Benefits
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 23-10-2010, with second reading and public hearing on October 5, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Ordinance No. 24-10-2010 – Amending Section 150-34, Schedule III of the Code of the Township of Evesham to Prohibit Stopping or Standing on a Portion of Willow Bend Road
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 24-10-2010, with second reading and public hearing on October 5, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Ordinance No. 25-10-2010 – 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 Thereof Providing and Establishing a New Fee Schedule for Golf Course Membership Rates
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 25-10-2010, with second reading and public hearing on October 5, 2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
RESOLUTIONS:
Resolution No. 250-2010 – Awarding One Hotel/Motel Plenary Retail Consumption License to Thunder Road Properties, L.L.C.
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 250-2010.
Council Comments: Mayor Brown inquired if the sale would be included in the 2011 budget. Township Manager Czerniecki stated, pending approvals it would be included in the 2011 budget.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Resolution No. 251-2010 – A Resolution of the Evesham Township Council Expressing its Intent to Provide the Funds Necessary to Satisfy the Township’s Affordable Housing Obligations
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 251-2010.
Council Comments: None
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
CONSENT AGENDA
Resolution No. 252-2010 – Award of Contract for Professional Engineering Services – Conceptual Streetscape Design – Willow Bend Road
Resolution No. 253-2010 – Award of Contract – 2010 Road Program – Reconstruction of Knightswood Drive
Resolution No. 254-2010 – Renewal of Contract for the Purchase of Mobile In-Car Audio/Video Equipment – DST Digital Patroller or Equivalent
Resolution No. 255-2010 – Amendment to Contract FY 2009 Community Development Block Grant – Heritage Village & Georgetown Residential Neighborhood Sidewalk Improvements and Authorization of Change Order No. 1 with Respect Thereto
Resolution No. 256-2010 – Authorizing Agreement with the County of Burlington Under the Interlocal Services Act for the Acquisition of Auto Cart Containers for Recycling Purposes – 2010
Resolution No. 257-2010 – Approval to Submit a Grant Application and Execute a Grant Agreement with the New Jersey Department of Transportation for the Resurfacing of Lincoln Drive – Phase 2 Project
Resolution No. 258-2010 – Resolution Supporting Participation in the Sustainable Jersey Municipal Certification Program
Resolution No. 259-2010 – Resolution Establishing Evesham Township Green Team for Participation in the Sustainable Jersey Certification Program
Resolution No. 260-2010 – Resolution for Renewal of Membership in the Professional Municipal Management Joint Insurance Fund
Resolution No. 261-2010 – Resolution Authorizing the Execution of a Grant Agreement for Receipt of the Year 2010 Municipal Alliance Grant
Resolution No. 262-2010 – A Resolution Authorizing the Execution of an Agreement Between the State of New Jersey Department of Transportation and the Township of Evesham – Route 73 South of Baker Blvd. to Howard Blvd. Resurfacing Project (Police Services)
Resolution No. 263-2010 – Insertion of Special Items of Revenue in the Budget, Chapter 159, P.L. 1948 – Energy Efficiency and Conservation Block Grant Program (EECBG) - $192,800
Resolution No. 264-2010 – Creation of Liens to Cover Cost of Improvements to Certain Block and Lots
Resolution No. 265-2010 – Transfer of Overpayment of Taxes
Resolution No. 266-2010 – Award of Contract for Professional Engineering Services – Stabilization of Existing Leaf Deposition Area
Resolution No. 267-2010 – A Resolution Authorizing the Establishment of a Teen Advisory Committee of the Township of Evesham
Resolution No. 268-2010 – Closing of Willow Bend Road – Cherokee High School 2010 Homecoming Parade
Resolution No. 269-2010 – Reduction of Performance Guarantee – Brightview Greentree Senior Living Community – Block 2.01, Lots 5, 5.01, 6 & 8 – On-Site Improvements
Resolution No. 270-2010 – Release of Performance Guarantee – Virtua Health, Phase II and III (Alliance Elder Care/Care One) – Block 16, Lot 3 (Route 70 & Evesboro Medford Road) – On-Site Improvements
MOTIONS
Approval of Application for Special Permit for Social Affair
Cherokee Soccer Booster Club, Inc.
Beef and Beer Fundraiser – October 22, 2010 – Gibson House
Proceeds to Provide Cherokee Soccer Scholarships
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution Nos. 252-2010 through 270-2010 including the listed motion.
Mayor Brown called for any separations.
Councilwoman Hackman requested separation of Resolution No. 267-2010. Township Manager Czerniecki requested separation of Resolution No. 258-2010.
There being no further separations, Mayor Brown called for a vote on the remaining Consent Agenda.
Recorded Vote on Resolution Nos. 252-2010 through 257-2010, 259-2010 through 266-2010 and Resolution Nos. 268-2010 through 270-2010 including the listed motion.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown
Nay: XXX
Abstain: XXX
Motion Carried 5-0.
Resolution No. 258-2010 – Resolution Supporting Participation in the Sustainable Jersey Municipal Certification Program
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 258-2010.
Council Comment: Township Manager Czerniecki acknowleged Ila Vassallo, Environmental Commission member in attendance, thanked her for her volunteerism and identified her as a member of the Green Team.
Recorded Vote on Resolution No. 258-2010:
Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown
Nay: XXX
Abstain: XXX
Motion Carried 5-0.
Resolution No. 267-2010 – A Resolution Authorizing the Establishment of a Teen Advisory Committee of the Township of Evesham
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 267-2010.
Council Comment: Councilwoman Hackman inquired when Council intended to advertise.
Township Manager Czerniecki stated that information would be posted on-line and letters would be sent to local youth organizations including the scouts and church groups.
Recorded Vote on Resolution No. 267-2010:
Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown
Nay: XXX
Abstain: XXX
Motion Carried 5-0.
STAFF COMMENTS
Township Manager Czerniecki confirmed with Council a Special Joint Meeting with representative of the Evesham Township School District, Lenape Regional School District, MUA and Fire District scheduled for Tuesday, September 28th to discuss energy conservation.
He informed Council that tax bills will be mailed at the end of the week and will contain written explanations.
Mr. Czerniecki further informed Council that the new Police Uniforms will save $15,000 a year.
Township Clerk Bonfrisco inquired of Council’s intent regarding October meeting schedule.
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman it was moved to cancel the meeting of October 19, 2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, Mayor Brown
Naye: McKenna
Motion Carried: 4-1.
COUNCIL COMMENTS
None
RESOLUTION NO. 271-2010 – 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
No action taken.
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 8:00p.m.
__________________________________ ____________________________
Carmela Bonfrisco, Township Clerk Randy Brown, Mayor
___________________________________
Lori A. Friddell, Recording Secretary
Submitted: September 29, 2010
Approved : _____________________