03-16-10 Council Minutes
March 16, 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 Engineer Staszewski, Township Clerk Bonfrisco, Deputy Township Clerk Friddell
Mayor Brown requested Council reschedule the April 6, 2010 meeting to Wednesday, April 21, 2010 at 7p.m.
Council consensus to reschedule.
Mayor Brown stated that he attended the Governor’s address in Trenton and met with the Department of Community Affairs Commissioner. He anticipates at least a 20% reduction in state aid. He reviewed the Governor’s address and potential impact on municipalities.
ADMINISTRATION OF OATH OF OFFICE – CHIEF OF POLICE MICHAEL J. BARTH
Mayor Brown introduced Chief Police Michael Barth, acknowledging his qualifications and contributions.
Township Manager Czerniecki stated that all candidates for the position were highly qualified and that Mr. Barth presented the best plan for the future direction of the Police Department.
Mayor Brown administered the oath of office to Michael J. Barth and congratulated him on his appointment as Chief of Police.
PRELIMINARY PUBLIC COMMENT
There being no comments, public comment was closed.
WORK SESSION
Capital Improvements
Township Manager Czerniecki presented to Council the Capital Improvement recommendations for the 2010 budget. The recommendations included neighborhood safety improvements to drainage, roads and sidewalks, as well as replacement of snow removal equipment and MIS improvements.
Discussion followed on needs and recommendations of cost saving alternatives.
July Reorganization
Township Manager Czerniecki explained that as a result of the November referendum vote, which changed the date of Municipal Elections, the Reorganization of Council will now occur in January. He further explained that the change will affect the terms of Boards and Committees members and Township Professionals.
He stated that by law the Township will have to advertise for RFPs in June and award 6 month contracts. Mr. Czerniecki encouraged the reappointment of current Township Professionals, explaining the time and cost factors of transitioning new professionals.
Planning and Zoning Board members do not have to have their terms changed and will remain with a July 1 reappointment. All Boards and Committee members not governed by statute regulations will have six month extensions on their terms.
Council consensus to move forward as recommended.
Limousine Licensing
Township Manager Czerniecki presented Council with a draft ordinance for review, which implements a Township policy on limousine licensing. He explained that the Department of Motor Vehicles and Insurance Investigators have suggested the implementation of such policies throughout the State to avoid fraudulent companies and protect the Township from potential liability.
Council consensus to list the ordinance for introduction at the next regular meeting.
Mayor Brown informed the public that air pellet guns are illegal and suggested more information be provided to inform the public.
ORDINANCES – SECOND READING
Ordinance No. 2-3-2010 – Authorizing Acceptance of Deeds of Easement from Legacy Evesham Association, LLC (Legacy Oaks) – (Culverts on Lowell Drive, Mitchell Drive and Clancy Court)
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to open the public hearing on Ordinance No. 2-3-2010.
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. 2-3-2010 on second and final reading.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Ordinance No. 3-3-2010 – An Ordinance of the Township of Evesham Amending Ordinance No. 16-10-2008 and Ordinance No. 1-1-2005 Which Ordinances Provide 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 2004 and Beyond
On motion by Councilman Croft, seconded by Councilwoman Hackman, it was moved to open the public hearing on Ordinance No. 3-3-2010.
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. 3-3-2010 on second and final reading.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
ORDINANCES – FIRST READING
Ordinance No. 4-4-2010 – An Ordinance of the Township of Evesham Authorizing the Purchase of Real Property Consisting of Approximately 4+/- Acres of Block 30, Lot 2.01 and the Execution of an Agreement of Sale and Related Documents Necessary to Effectuate Said Purchase
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to introduce Ordinance No. 4-4-2010, with second reading and public hearing on April 21, 2010.
Recorded Vote: Aye: Hackman, Howarth, McKenna, Brown
Nay: XXX
Abstain: Croft
Motion Carried: 4-0-1.
Ordinance No. 5-4-2010 – 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 Usage and Repealing Section 11-4
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to introduce Ordinance No. 5-4-2010, with second reading and public hearing on April 21, 2010.
Council Comments: Councilman McKenna inquired on fee increases. Township Manager Czerniecki explained that all fees averaged increases about $1 except the driving range.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
Ordinance No. 6-4-2010 – An Ordinance of the Township of Evesham Amending Chapter 72 of the Code of the Township of Evesham (Copying Fees)
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to introduce Ordinance No. 6-4-2010, with second reading and public hearing on April 21, 2010.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
RESOLUTIONS:
RESOLUTION NO. 29-2010 – APPOINTMENT OF DEPUTY MUNICIPAL PROSECUTOR
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 29-2010, inserting the name Andrew Smith.
Council Comments: None.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
RESOLUTION NO. 37-2010 – AUTHORIZING EXECUTION OF REDEVELOPMENT AGREEMENT – 125 EAST MAIN STREET
Resolution No. 37-2010 was removed from the agenda prior to the meeting.
CONSENT AGENDA
RESOLUTION NO. 30-2010 – RESOLUTION ENDORSING THE PLANNING AND DESIGN CONCEPTS OF THE EVESHAM 2020 VISION PLAN
RESOLUTION NO. 31-2010 – RESOLUTION AUTHORIZING PUBLIC SALE OF ONE HOTEL/MOTEL PLENARY RETAIL CONSUMPTION LICENSE
RESOLUTION NO. 32-2010 – AWARD OF CONTRACT FOR PROFESSIONAL TAX APPRAISAL SERVICES – 2009 TAX COURT CASES
RESOLUTION NO. 33-2010 – RENEWAL OF CONTRACT FOR THE PURCHASE AND DISPENSING OF GASOLINE FOR EVESHAM TOWNSHIP VEHICLES – CONTRACT PERIOD APRIL 24, 2010 TO APRIL 23, 2011
RESOLUTION NO. 34-2010 – AUTHORIZING RENEWAL OF A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF EVESHAM AND THE EVESHAM MUNICIPAL UTILITIES AUTHORITY FOR SHARING OF ARMORED TRUCK SERVICES, USE OF THE GIBSON HOUSE AND INFORMATION TECHNOLOGY SERVICES
RESOLUTION NO. 35-2010 – AMENDMENT TO CONTRACT – MULTI PURPOSE SYNTHETIC TURF FIELD AND DRAINAGE IMPROVEMENTS – MEMORIAL FIELD SPORTS COMPLEX – AND AUTHORIZATION OF CHANGE ORDER NO. 2 WITH RESPECT THERETO
RESOLUTION NO. 36-2010 – AUTHORIZING AND RATIFYING ADDITIONAL AMENDMENT TO APPLICATION TO THE BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS AND THE STATE OF NEW JERSEY FOR OPEN SPACE PRESERVATION PROGRAM FUNDING
RESOLUTION NO. 38-2010 – RESOLUTION RATIFYING SERVICE AGREEMENT – BURLINGTON COUNTY LIBRARY
RESOLUTION NO. 39-2010 – AUTHORIZING TRANSFERS OF APPROPRIATION RESERVES (NUMBER 2)
RESOLUTION NO. 40-2010 - AUTHORIZING SALE OF SURPLUS PROPERTY
RESOLUTION NO. 41-2010 – CANCELLATION AND REFUND OF OVERPAYMENT OF TAXES FOR 2008, 2009 AND 2010 – BLOCK 51.55, LOT 1, QUALIFIER C0037, BLOCK 15.15, LOT 42 AND BLOCK 81.03, LOT 29.02
RESOLUTION NO. 42-2010 – AUTHORIZING THE AWARD OF A GRANT FROM THE AFFORDABLE HOUSING TRUST FUND IN ACCORDANCE WITH THE SPENDING PLAN – 63 DORCHESTER CIRCLE
RESOLUTION NO. 43-2010 – ESTABLISHMENT OF SPECIAL EVENT DAY – EVESHAM CELEBRATIONS FOUNDATION – TASTE OF EVESHAM EVENT – MAY 23, 2010
RESOLUTION NO. 44-2010 – CLOSING OF PORTION OF MAIN STREET FOR 2010 TASTE OF EVESHAM EVENT – SUBJECT TO APPROVAL OF BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS
RESOLUTION NO. 45-2010 – ESTABLISHMENT OF SPECIAL EVENT DAY – INDEPENDENCE DAY CELEBRATION – JULY 4, 2010
RESOLUTION NO. 46-2010 – CLOSING OF PORTION OF MAIN STREET FOR 2010 INDEPENDENCE DAY CELEBRATION – SUBJECT TO APPROVAL OF BURLINGTON COUNTY BOARD OF CHOSEN FREEHOLDERS
RESOLUTION NO. 47-2010 – APPROVAL OF FIREWORKS DISPLAY – INDEPENDENCE DAY CELEBRATION – CHEROKEE HIGH SCHOOL AND MARLTON MIDDLE SCHOOL
RESOLUTION NO. 48-2010 – AUTHORIZING THE EXECUTION OF A HOLD HARMLESS AGREEMENT WITH LENAPE REGIONAL HIGH SCHOOL DISTRICT – INDEPENDENCE DAY CELEBRATION
RESOLUTION NO. 49-2010 – REDUCTION OF PERFORMANCE GUARANTEE – SHARP RUN SENIORS – PHASE I (57 SFD – AGE RESTRICTED) – BLOCK 15, LOT 7 – ON-SITE IMRPOVEMENTS
RESOLUTION NO. 50-2010 – RELEASE OF PERFORMANCE GUARANTEE – SOBOLESKI TRACT (A/K/A CROFTON CHASE ESTATES) – BLOCK 11.49, LOT 31 (447 N. ELMWOOD ROAD) – ON-SITE IMPROVEMENTS
RESOLUTION NO. 51-2010 – RELEASE OF PERFORMANCE GUARANTEE – TEXACO SERVICE STATION (STAR ENTERPRISES) – BLOCK 11A, LOT 37 (N/K/A BLOCK 4.01, LOT 37) – ON-SITE IMPROVEMENTS
RESOLUTION NO. 52-2010 – REJECTION OF REQUEST FOR RELEASE OF MAINTENANCE GUARANTEE – MAPLE TREE CENTER/MAJOR SITE PLAN (NORTH MAPLE AVENUE/GREENTREE ROAD) – BLOCK 2.10, LOTS 7,9 TO 14 AND 12.01 – ON-SITE IMPROVEMENTS
MOTIONS
Ratification of Approval of Application for Special Permit for Social Affair
Anna Foundation for Inclusive Education
Dinner Party Fundraiser – April 2, 2010 – Gibson House
Proceeds Provide Education Support Services for Children with Downs Syndrome
Approval of Application for Special Permit for Social Affair
Seneca Booster Club
Wine Tasting Social – May 15, 2010 – Gibson House
Proceeds Benefit Seneca Baseball Team
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution Nos. 30-2010 through 36-2010, and Resolution Nos. 38-2010 through 52-2010 including the motions.
Mayor Brown called for any separations.
Councilman McKenna requested separation of Resolution No. 31-2010.
Mayor Brown called for a vote on remaining consent agenda.
Recorded Vote Resolution Nos. 30-2010, 32-2010 through 36-2010 and Resolution Nos. 38-2010 through 52-2010 including the motions.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Mayor Brown
Nay: XXX
Abstain: XXX
Motion Carried 5-0.
Resolution No. 31-2010 – Resolution Authorizing Public Sale of One Hotel/Motel Plenary Retail Consumption License
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 31-2010.
Council Comments: Councilman McKenna inquired on the minimum bid. Township Manager Czerniecki stated that the minimum bid is $200,000. Councilman McKenna confirmed that any bid below that amount will not be accepted.
Recorded Vote: Aye: Croft, Hackman, Howarth, McKenna, Brown
Nay: XXX
Motion Carried: 5-0.
PUBLIC COMMENTS
Dominic Scola, 136 Tara Terrace, suggested criteria be established for determining when speed humps should be added in neighborhoods.
Township Manager Czerniecki stated that the Township would poll the neighborhood to obtain a consensus of the public.
Kevin Brown, 120 Rt. 72 Chatsworth, representing the Carpenters Union, informed Council that three current jobs within Evesham, are not utilizing union workers.
There being no further comments, public comment was closed.
COUNCIL COMMENTS
Councilman Croft inquired regarding the registration fee for t-ball and expressed concern over high costs for participating.
Discussion followed on Marlton Recreation Council scholarships.
Deputy Mayor Howarth stated that the Cherokee High School Boys Basketball Team won the Group 4 Championship.
He informed the Township Manager of a pothole in need of immediate repair.
Mayor Brown requested Township Engineer Arango prepare a needs and priority list for DOT grant consideration.
RESOLUTION NO. 53-2010 – 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: LAND ACQUISITION
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 53-2010.
Recorded Vote: Aye: All Ayes.
Nay: XXX
Abstain: XXX
Motion Carried: 5-0.
Mayor Brown called recess at 8:30p.m.
Council reconvened in Executive Session at 8:36p.m.
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to come out of Executive Session.
Recorded Vote: AYE: All Ayes.
NAY: XXX
ABSTAIN: XXX
Motion Carried 5-0.
Mayor Brown stated that with the Governor’s proposed budget, municipal employees can expect to pay 1½% towards their health benefits.
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 8:45p.m.
__________________________________ ____________________________
Carmela Bonfrisco, Township Clerk Randy Brown, Mayor
___________________________________
Lori A. Friddell, Deputy Township Clerk/Recording Secretary
Submitted: March 29, 2010
Approved : _______________