Evesham Township

                                                  December 7, 2010

                                                  Regular Meeting

 

The Regular Meeting of the Evesham Township Council was called to order by Mayor Brown at 6:35p.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

Mayor Brown indicated that presentations to Councilman John McKenna and Township Manager Tom Czerniecki would be moved to the December 21^st meeting.

Proclamations

Evesham Township Eighth Grade Student Government Election Winners

Mayor Brown presented the Presidents and Vice-Presidents of the eighth grade at both DeMasi Middle School and Marlton Middle School with Proclamations, recognizing their success in the student government elections.  Mayor Brown stated he was proud of the school system and honored the hard work of the students.

Marlton Devils U12 Girls Soccer Team – NJ State Cup Tournament Semi-Finalist

Mayor Brown read into the record and presented the Marlton Devils Soccer Team with a proclamation in honor of their achievement as semi-finalist in the NJ State Cup Tournament.   Team Coach Brooke Baldwin commended the girls on their commitment and team work.

Cherokee High School Boys Varsity Soccer Team – 2010 Group IV State Champions

Mayor Brown congratulated the Cherokee High School Soccer Team on winning the State Championship.  He presented each member with a proclamation in recognition of their successful season.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to amend the agenda to add Ordinance No. 32-12-2010 on first reading.

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

             Naye: XXX

Motion Carried: 5-0.

Preliminary Public Comment on Agenda Items Only

Dave Silver, 20 Heather Drive, wished to honor Evesham Township resident, Sid Greenblatt, who recently passed away.  He also recognized Councilman McKenna for his service to Evesham as a member of Council. 

 

WORK SESSION

1.  Annapolis Drive – Traffic Engineer’s Report  

Township Traffic Engineer Maurice Rached of Maser Consulting presented Council with a traffic study report of the Annapolis Drive area.  Mr. Rached stated that the report indicates speeding is not as much of a problem as the increase in volume at peak times.  Mr. Rached offered potential solutions, including signage improvement, imposing new regulations, and traffic calming devices.

Mr. Rached recommended Council consider a temporary trial solution before advancing to more permanent traffic calming structures.

Public Comment

Jim Mulholland, 4 Annapolis Drive, thanked Council for addressing the residents’ concerns on Annapolis Drive.  He suggested stopping commercial traffic cut through.

Thea Chrupcala, 6 Columbia Drive, stated that speeding is an issue, as well as traffic volume.

Mary Mulholland, 4 Annapolis Drive, stated the problem is not just on Annapolis Drive, but also on Columbia Drive and Phoenix Road.  She referenced various traffic accidents within the neighborhood.

Nandini Mahadevan, 3 Annapolis Drive, expressed concern with diverters suggested by Traffic Engineer.

Theresa Erard-Coupe, 26 Lexington Circle, stated that speeding is a concern since the roads are curving.

Kurt Montagano, 22 Lexington Circle, inquired on possibility of gating the community and expressed concern over child safety.

Mayor Brown stated that gates create difficulty with school bus routes.

Mike Powers, 16 Phoenix Road, inquired if any suggestions were being made for other roads within the community?  He stated that residents are frustrated with the problem.

Discussion followed on potential traffic light at Phoenix Road.

Mayor Brown stated that it will be important to communicate any changes to local residents. 

He stated that gating the community would set a precedent.  He advocated limiting volume and addressing the issue one step at a time to determine the impact before deciding on permanent changes.

Councilman McKenna explained that Council is taking the matter seriously and encouraged resident involvement.  He stated that the issue must be addressed to find a solution for the whole community.

Councilman Croft stated that the issue should be attacked in steps and that the Township should follow the recommendations of its professionals to be progressive.

Councilwoman Hackman was in agreement with taking steps at solving the problem.

Deputy Mayor Howarth agreed.

Mayor Brown stated that the Township will engage both the Police and Fire Departments for input and report back at the meeting of December 21, 2010 for further discussion.

Mayor Brown called recess at 8:26p.m.

Council reconvened at 8:35p.m.

2.  Refuse Removal Program – Recommended Changes Related to Ordinance No. 31-12-2010 and Resolution No. 329-2010

Township Manager Czerniecki explained that having reviewed calculations as a result of the bid proposals for solid waste removal, it was determined that privatizing would not be cost efficient.  Mr. Czerniecki proposed Council consider investing in four new high density compactor trucks which will eliminate transfer station fees, approximately $400,000 annually. 

Discussion followed on potential outsourcing, truck capacity and financial impact.

Township Manager Czerniecki informed Council that Ordinance No. 31-12-2010 amends a 2007 bond ordinance to allow for acquisition of the trucks 

Councilman McKenna inquired on risk associated with amending the bond ordinance.

3.  Review and Approval for Croft Farm Path

Township Manager Czerniecki informed Council that the Croft Farm Path is open to the public on a limited basis.  He reported on an Eagle Scout project which cleared the path and the intent to install fencing and signage.  He stated that there is no Pinelands issue.

4.  Review of Burlington County Open Space Grant Application Update

Township Manager Czerniecki stated that the County did not commit funding for this round; however, he anticipates Evesham’s project as a priority for the next round.  He inquired if Council wished to move forward with a project plan.

Mayor Brown stated that a project specific RFP should be prepared.

Council consensus to have Township Manager develop an RFP.

ORDINANCES – SECOND READING

Ordinance No. 28-12-2010 – An Ordinance of the Township Council of the Township of Evesham to Vacate a Portion of Franklin Avenue Between Fourth Street and Fifth Street  

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to open the public hearing on Ordinance No. 28-12-2010.

Recorded Vote: Aye: All Ayes.

               Nay: XXX

Motion Carried: 5-0.

Public Hearing

Joe Bertoline, 47 Fourth Street addressed Council regarding his concern over flooding, drainage and zoning issues on the property under construction.

Wayne Borstad, 43 Fourth Street, supported Mr. Bertoline’s statement regarding flooding and stormwater management.  He further stated that the builder has cleared wetlands areas and that a stop work order was issued by the County. 

Christopher Panichelli, 36 Fourth Street stated that residents are unaware of who the builder is, but wish to see the construction completed lawfully. 

Council requested that Township Manager Czerniecki investigate further with appropriate Township officials prior to finalization of the vacation of Franklin Avenue. 

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: 5-0.

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Ordinance No. 28-12-2010 on second and final reading.

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

               Nay: XXX

Motion Carried: 5-0.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman it was moved to direct the Township to put the developer on notice that specific issues regarding property maintenance must be addressed to the Township Manager’s satisfaction before the vacation of Franklin Avenue moves forward.

Recorded Vote: Aye: All Ayes.

               Nay: XXX

Motion Carried: 5-0.

Ordinance No. 29-12-2010 – An Ordinance of the Township of Evesham Amending Chapter 72 of the Code of the Township of Evesham (Tax Collector Fees)

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to open the public hearing on Ordinance No. 29-12-2010.

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 Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Ordinance No. 29-12-2010 on second and final reading.

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

               Nay: XXX

Motion Carried: 5-0.

Ordinance No. 30-12-2010 – An Ordinance to Amend Chapter 3 of the Code of the Township of Evesham Entitled, “Administrative Code” (Regular Meetings) 

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to open the public hearing on Ordinance No. 30-12-2010.

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 Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Ordinance No. 30-12-2010 on second and final reading.

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

               Nay: XXX

Motion Carried: 5-0.

ORDINANCES – FIRST READING

Ordinance No. 31-12-2010 – Amending Bond Ordinance No. 13-6-2007  

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to introduce Ordinance No. 31-12-2010, with second reading and public hearing on December 21, 2010.

Council Comments: None

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

               Nay: XXX

Motion Carried: 5-0.

Ordinance No. 32-12-2010 – An Ordinance of the Township of Evesham Revising Existing Limits on Political Contributions by Professionals and Amending the Township Code 

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to introduce Ordinance No. 32-12-2010, with second reading and public hearing on December 21, 2010.

Council Comments: None

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

               Nay: XXX

Motion Carried: 5-0.

RESOLUTIONS

Resolution No. 329-2010 – Rejection of Bids – Municipal Regional Residential Trash Services (MRRTS) – Solid Waste Trash Collection Services

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 329-2010.

Council Comments: Councilman McKenna commended Township Manager Czerniecki and his team for their work.

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

               Nay: XXX

 

Motion Carried: 5-0.

 

Resolution No. 330-2010 – Award of Contract – Lease of Seventy-Five (75) Electric Golf Carts for the Indian Spring Country Club (Commencing 2011- Four Year Lease Term)

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 330-2010.

Council Comments: None

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

               Nay: XXX

Motion Carried: 5-0.

Resolution No. 331-2010 – Award of Contract for Professional Engineering Services – Black Run Preserve Pedestrian/Bike Trail

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 331-2010.

Council Comments: None

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

               Nay: XXX

 

Motion Carried: 5-0.

 

CONSENT AGENDA

Resolution No. 332-2010 – Resolution of Approval for Croft Farm Path Design

Resolution No. 333-2010 – Award of Contract for Professional Tax Appraisal Services – Resource MS Village (Barton Run Apartment Complex) – Block 44.01, Lot 1

Resolution No. 334-2010 – Award of Contract for Professional Tax Appraisal Services – CCL Marlton LLC (Five Office & Warehouse Properties – Stow Road) – Block 2.05, Lots 7 & 8; Block 2.06, Lot 3; Block 2.06, Lot 4; Block 2.06, Lot 6; Block 2.06, Lot 7

Resolution No. 335-2010 – Appropriation Transfers (No. 2) – 2010 Municipal Budget  

Resolution No. 336-2010 – Rescission of Resolution No. 266-2001 (Dedication by Rider – Marlton Historic Train Station) and Transfer of Funds to Historic Preservation Trust Fund

Resolution No. 337-2010 – Authorizing the Award of a Grant from the Affordable Housing Trust Fund in Accordance with the Spending Plan – 119 Crown Prince Drive

Resolution No. 338-2010 – Authorizing the Award of a Grant from the Affordable Housing Trust Fund in Accordance with the Spending Plan – 1 Benchly Way

Resolution No. 339-2010 – Transfer of Overpayment of Taxes – 2010 to 2011

Resolution No. 340-2010 – Cancellation and Refund of Overpayment of Taxes for 2009 and 2010 – Block 6.01, Lot 18

Resolution No. 341-2010 – Release of Performance Guarantee (Letter of Credit) – Sovereign Grace Church – Block 6, Lots 3 & 3.02 – Landscaping Improvements

Resolution No. 342-2010 – Release of Maintenance Guarantee (Letter of Credit) – The Bank – (150 North Maple Avenue) – Block 7.06, Lots 1, 2 & 3 – On-Site Improvements

Resolution No. 343-2010 – Release of Maintenance Guarantee – Atrium Medical Properties – Block 22.01, Lots 20 and 21 (N/K/A Lot 20.01) – Landscaping Improvements

Resolution No. 344-2010 – Rejection of Request for Release of Performance Guarantee – Evesboro Associates – Block 8.10, Lot 1 (225 Greentree Road) – Site Improvements

Resolution No. 345-2010 – Rejection of Request for Release of Performance Guarantee – Virtua Health (Alliance Elder Care/Care One) – Phase 1 (Nursing Home) – Block 16, Lot 3 – On-Site Improvements

Resolution No. 346-2010 – Rejection of Request for Release of Performance Guarantee – Virtua Health (Alliance Elder Care/Care One) – Phase 1 (Building Expansion) – Block 16, Lot 3 – On-Site Improvements  

Resolution No. 347-2010 – Rejection of Request for Release of Performance Guarantee – Virtua Health (Alliance Elder Care/Care One) – Phase II & III – Block 16, Lot 3 – Landscaping Improvements  

Motion:

Application for Special Permit for Social Affair

St. Joan of Arc Church

Fundraiser – January 21, 2011 – 7p.m. – 12a.m.

Proceeds to Benefit St. Joan of Arc Center for Integral Development – India

On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution Nos. 332-2010 through 347-2010 including the listed motion.  

Mayor Brown called for any separations.

Councilman Croft requested separation of Resolution No. 332-2010.

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

Recorded Vote on Resolution Nos. 333-2010 through 347-2010 including the listed motion.

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

               Nay: XXX

           Abstain: XXX

Motion Carried 5-0.

On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 332-2010.

Recorded Vote on Resolution No. 332-2010:

   Aye: Hackman, Howarth, McKenna, Mayor Brown

            Naye: XXX

         Abstain: Croft

Motion Carried: 4-0-1.

PUBLIC COMMENT

None.

STAFF COMMENTS

Township Engineer Staszewski informed Council that the Solar Panel Project should be completed by the end of the week and on line by the end of the month.

Township Manager Czerniecki updated Council on the clean up of plows and trailers in the Foxchase and Westerly area as a result of residents’ comments at the prior Council meeting.

COUNCIL COMMENTS

Councilman McKenna recognized Pearl Harbor Day.

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

Recorded Vote: AYE: All Ayes. 

               NAY: XXX

           ABSTAIN: XXX

Motion Carried 5-0.

 

 

 

 

 

 

Meeting adjourned at 9:38p.m.

 

 

 

__________________________________    ____________________________

Carmela Bonfrisco, Township Clerk     Randy Brown, Mayor

 

 

 

___________________________________

Lori A. Friddell, Deputy Township Clerk/

Recording Secretary

 

Submitted: January 10, 2011 

Approved:  _____________________