December 15, 2009
Regular Meeting
 
The Regular Meeting of the Evesham Township Council was called to order by Mayor Brown at 7:00 p.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 (via telephone), Hackman, Howarth, McKenna, Mayor Brown 
  Also Present:  Township Manager Czerniecki, Township Solicitor  
  Drollas, Township Engineer Staszewski, Township Clerk Bonfrisco, 
  Recording Secretary Recigno
 
Approval of Minutes - Regular Meeting – December 1, 2009
-
 Executive Session – December 1, 2009

 On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt the above council meeting minutes.
 
Council Comments:  None
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
PRESENTATION – MS SOCIETY TO TOWNSHIP OF EVESHAM – CITY TO SHORE BIKE TOUR – 2009
Mr. Sam Student, Co-Captain of Bike Evesham thanked Township Council for allowing the MS Society City to Shore Bike Tour to use township roads and for their support.  Mr. Student stated that the Team Evesham bike team was the most improved team out of a total of 600 teams.  Mr. Student then presented Township Council with a plaque and shirts to all Council members.
 
Mayor Brown thanked Mr. Student on behalf of Township Council and commended him on his work for the MS Society.
 
PROCLAMATIONS
 
Cherokee Champions and Marlton Recreation Council Fundraisers for Synthetic Turf Field at Cherokee High School 
 
Mayor Brown stated that although Township Council’s original plans to install a turf field at Cherokee High School failed, community members still wanted to find a way to move forward with the project, and a team was formed of several residents who teamed up with members of the  Marlton Recreation Council.  This team was determined to raise $600,000 between them for the installation of a turf field.
 
Mayor Brown introduced members of the Cherokee Champions and the Marlton Recreation Council and thanked them for their dedication and hard work and then read the proclamation into record.
 
Mayor Brown went on to state that the group fell short of their goal of $600,00 and that is when Mr. Joseph Samost stepped in and donated $108,000 to the project.  Mayor Brown introduced Mr. and Mrs. Samost and stated that they are very active in the community and thanked them for their commitment.  Mayor Brown then presented the Samosts with a plaque.
 
Cherokee High School Varsity Football Team – 2009 South Jersey Group IV State Champions
 
Mayor Brown stated that when he coached Cherokee High School in 1993 there was a very good offensive lineman named P.J. Mehigan who was a leader on the team.  Mayor Brown told the members of the varsity football present that they should be honored to have Mr. Mehigan as their coach and stated that Mr. Mehigan was just named the Brook Irvine Coach of the Year for 2009.
 
Mr. Mehigan thanked the Cherokee Champions for their work to get a turf field at Cherokee High School and introduced Emily Capella, Superintendent of Lenape Regional School District, Linda Rohrer, Principal of Cherokee High School and Mr. Joseph Schramm, Athletic Director.  Mr. Mehigan also introduced Coaches Glatz and DiVece along with senior, junior and sophomore varsity football players present.
 
Mayor Brown thanked the team for their hard work and dedication necessary to become State Champions and read the proclamation into record.
 
Mayor Brown then introduced Burlington County Freeholder Chris Brown who read a proclamation for the team from the Freeholders.
 
Preliminary Public Comment on Agenda Items Only
 
Mayor Brown opened Preliminary Public Comment.  There being no comment, Preliminary Public Comment was closed.
 
WORK SESSION
1.  Zoning Board and Town Watch Advisory Committee Vacancies

Township Manager Czerniecki stated that there was a position open on the Zoning Board due to a resignation and an opening on the Town Watch Advisory Committee and that several applications were received for the Zoning Board position, but none for the Town Watch Advisory Committee.
 
Mayor Brown stated that Township Council would like to add two Resolutions to the agenda to appoint Zoning Board members.
 
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to add to the agenda and adopt Resolution No. 382-2009 inserting the name Brian Young. 
 
Council Comment:  Councilman McKenna inquired on process used to select Mr. Young.  Mayor Brown stated that Mr. Young has been the 1st Alternate for the Zoning Board and expressed an interest in being appointed as a full time member.
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
On motion by Councilman Croft, seconded by Councilwoman Hackman, it was moved to add to the agenda and adopt Resolution No. 383-2009, inserting the name Thaddeus Lowden as 1st Alternate to the Zoning Board.
 
Council Comment:  None
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
2010 Budget Update
Township Manager Czerniecki stated staff has been working hard on the budget and advised Township Council that they would be voting on a temporary budget.  Mr. Czerniecki stated that Township cannot move forward until State gives their guidance.
 
Mayor Brown stated that Governor Elect Christie attended the New Jersey League of Municipalities Convention and asked all Mayors to work with him voluntarily on shared services and consolidation.  Mayor Brown inquired to the procedure in which the Municipal Utilities Authority could be brought under the jurisdiction of the Township.
 
Discussion followed on pros and cons of dissolving the MUA.
 
Township Manager was directed to report back to Township Council at the January 19, 2010 meeting regarding the process to dissolve the MUA and to investigate what effect their debt would have on the Township.
 
Councilman McKenna stated he felt an independent audit of the MUA, such as what was done last year regarding the school board budget would be advisable, and agreed to donate his salary to pay for it.
 
Township budget issues were discussed, including Mayor Brown stating that outside professional services cost the Township more money than in-house.
 
On motion by Councilman McKenna, seconded by Councilwoman Hackman, it was moved to direct Township Manager Czerniecki to meet with union and staff to ask their help in participating in ways to reduce the Township Budget. 
 
Council Comment:  Deputy Mayor Howarth stated that the County was doing exactly the same thing with their staff and union representatives.
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
ORDINANCES – SECOND READING
 
ORDINANCE NO. 15-12-2009 – ORDINANCE OF THE TOWNSHIP OF EVESHAM AMENDING CHAPTER 160, THE ZONING CODE OF THE TOWNSHIP OF EVESHAM TO IMPLEMENT THE RECOMMENDATIONS OF THE 2009 MASTER PLAN AMENDMENT
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to open Public Hearing on Ordinance No. 15-12-2009
 
Ms. Winifred Fessenbecker, 875 East Main Street, inquired why the Croft Farm was included in the Zoning changes.
 
Township Manager Czerniecki explained that the Croft Farm or any other property purchased with Open Space monies cannot be developed and that this change was an overlay which included the Croft Farm as part of a design for a civic center.
 
Mr. Thomas McGill, 140 South Elmwood Road, inquired if zoning change allows smaller lots to be sold as commercial.
 
Mr. Czerniecki stated that the overlay creates flexibility but does not absolve lot size and set backs.
 
Mr. Ronald Showell, 160 South Elmwood Road, inquired if he would be restricted to making changes on his property.  
 
Township Manager Czerniecki indicated the underlying zoning remains.
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to close Public Hearing on Ordinance No. 15-12-2009.
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
Motion carried:  5-0
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Ordinance No. 15-12-2009.
 
Council Comment:  Councilman McKenna thanked the residents for their input and questions.
 
December 15, 2009
Regular Meeting
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
ORDINANCE NO. 16-12-2009 – AN ORDINANCE OF THE TOWNSHIP OF EVESHAM AMENDING CHAPTER 3 OF THE CODE OF THE TOWNSHIP OF EVESHAM ENTITLED “ADMINISTRATIVE CODE” (SECTION 3-3 – COMPENSATION)
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to open Public Hearing on Ordinance No. 16-12-2009.
 
Public Comment:  None
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to close Public Hearing on Ordinance No. 16-12-2009.
 
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Ordinance No. 16-12-2009.
 
Council Comment:  None
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
ORDINANCE NO. 17-12-2009 – BOND ORDINANCE OF THE TOWNSHIP OF EVESHAM, COUNTY OF BURLINGTON, NEW JERSEY, AUTHORIZING THE CONSTRUCTION, REPAIR AND INSTALLATION, AS THE CASE MAY BE, OF VARIOUS CAPITAL IMPROVEMENTS AS GENERAL IMPROVEMENTS IN AND FOR THE TOWNSHIP; APPROPRIATING $1,802,000 THEREFOR; AUTHORIZING THE ISSUANCE OF UP TO $1,722,000, AGGREGATE PRINCIPAL AMOUNT GENERAL OBLIGATION BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING SAID APPROPRIATION; AND MAKING CERTAIN DETERMINATIONS AND COVENANTS AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to open Public Hearing on Ordinance No. 17-12-2009.
 
Public Comment:  None
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to close Public Hearing on Ordinance No. 17-12-2009. 
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Ordinance No. 17-12-2009.
 
Council Comment:  None
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
RESOLUTIONS:
 
RESOLUTION NO. 359-2009 – AMENDMENT TO CONTRACT – PROFESSIONAL LEGAL SERVICES – MISCELLANEOUS OUTSTANDING LABOR ATTORNEY MATTERS
 
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 359-2009.
 
Council Comment:  Deputy Mayor Howarth inquired when the Labor Attorney contract would expire.  Township Manager Czerniecki stated end of 2009.
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
RESOLUTION NO. 360-2009 – 2010 TEMPORARY BUDGET
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 360-2009.
 
Council Comment:  None
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion carried:  5-0
 
RESOLUTION NO. 361-2009 – RESCISSION OF RESOLUTION NO. 270-2009 (PREVIOUS RATIFICATION OF CONTRACT FOR PLANNING BOARD TRAFFIC ENGINEER.)
December 15, 2009
Regular Meeting
 
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 361-2009.
 
Council Comment:  None
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion Carried:  5-0
 
RESOLUTION NO. 362-2009 – RESOLUTION RATIFYING CONTRACT WITH EVESHAM TOWNSHIP PLANNING BOARD ENGINEER.
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 362-2009.
 
Council Comment:  Councilman McKenna inquired whether it might save money to use one Engineer for both Zoning and Planning Boards.
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
 
Motion Carried:  5-0
 
RESOLUTION NO. 363-2009 – AUTHORIZING INTERLOCAL SHARED SERVICES AGREEMENT FOR SHARING SYNTHETIC TURF GROOMER – EVESHAM/MT. LAUREL/MOORESTOWN AND MEDFORD TOWNSHIPS.
 
On motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 363-2009.
 
Council Comment:  None
 
Recorded Vote: AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown
   NAYE:  XXXX
   ABSTAIN:  XXXX
Motion Carried:  5-0
 
CONSENT AGENDA
 
RESOLUTIONS
 
RESOLUTION NO. 337-2009 – RELEASE OF PERFORMANCE GUARANTEES – MARLTON WOODS (84 TOWNHOUSES) – BLOCK 24.22, LOT 1 (N/K/A LOT 1.01) – ON-SITE IMPROVEMENTS 
 
RESOLUTION NO. 364-2009 – 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 – SOUTH JERSEY AUTO SUPPLY – DEPARTMENT OF PUBLIC WORKS
 
RESOLUTION NO. 365-2009 – 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 – 1-NJCP – PARDOS TRUCK SERVICE PARTS WAREHOUSE INC. – DEPARTMENT OF PUBLIC WORKS
 
RESOLUTION NO. 366-2009 – 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 -1-NJCP – CHERRY VALLEY TRACTOR SALES – DEPARTMENT OF PUBLIC WORKS
 
RESOLUTION NO. 367-2009 – 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 – 1-NJCP – CONTRACTOR SERVICE – DEPARTMENT OF PUBLIC WORKS
 
RESOLUTION NO. 368-2009 – APPROPRIATION OF TRANSFERS (NO. 3) – 2009 MUNICIPAL BUDGET
 
RESOLUTION NO. 369-2009 – RESOLUTION CANCELLING BALANCES IN CAPITAL IMPROVEMENT ORDINANCES
 
RESOLUTION NO. 370-2009 – RESOLUTION TO CANCEL ASSESSMENT FUND
 
RESOLUTION NO. 371-2009 – RESOLUTION APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY DIVISION OF ALCOHOLIC BEVERAGE CONTROL PROGRAM – THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION (OJJDP) ENFORCING THE UNDERAGE DRINKING LAWS STATE BLOCK GRANT PROGRAM
 
RESOLUTION NO. 372-2009 – AUTHORIZING THE AWARD OF A GRANT FROM THE AFFORDABLE HOUSING TRUST FUND IN ACCORDANCE WITH THE SPENDING PLAN – 11 BUCKINGHAM ROAD
 
RESOLUTION NO. 373-2009 – AUTHORIZING THE AWARD OF A GRANT FROM THE AFFORDABLE HOUSING TRUST FUND IN ACCORDANCE WITH THE SPENDING PLAN – 24 ABINGTON AVENUE
 
RESOLUTION NO. 374-2009 – RELEASE OF PERFORMANCE GUARANTEE – WHITMORE OFFICE (115 CHURCH ROAD) – BLOCK 8.14, LOT 4.02 – LANDSCAPING IMPROVEMENTS 
 
RESOLUTION NO. 375-2009 – RELEASE OF PERFORMANCE GUARANTEE – SOBELESKI TRACT (A/K/A CROFTON CHASE ESTATES) – BLOCK 11.49, LOT 31 – LANDSCAPING IMPROVEMENTS
 
RESOLUTION NO. 376-2009 – REJECTION OF REQUEST FOR RELEASE OF PERFORMANCE GUARANTEE – VIRTUA HEALTH (ALLIANCE ELDER CARE/CARE ONE) – PHASE II & III – BLOCK 16, LOT 3 – ON-SITE IMPROVEMENTS
 
RESOLUTION NO. 377-2009 – REJECTION OF REQUEST FOR RELEASE OF PERFORMANCE GUARANTEE – SOBELESKI TRACT (A/K/A CROFTON CHASE ESTATES) – BLOCK 11.49, LOT 31 – ON-SITE IMPROVEMENTS
 
RESOLUTION NO. 378-2009 – REJECTION OF REQUEST FOR RELEASE OF PERFORMANCE GUARANTEE – TEXACO SERVICE STATION (STAR ENTERPRISE) – BLOCK 11A, LOT 37 (N/K/A BLOCK 4.01, LOT 37) – 398 ROUTE 73 SOUTH – ON-SITE IMPROVEMENTS
 
RESOLUTION NO. 379-2009 – REJECTION OF REQUEST FOR RELEASE OF PERFORMANCE GUARANTEE – VIRTUA HEALTH (ALLIANCE ELDER CARE/CARE ONE) – PHASE II & III - BLOCK 16, LOT 3 – LANDSCAPING IMPROVEMENTS
 
RESOLUTION NO. 380-2009 – REJECTION OF REQUEST FOR RELEASE OF PERFORMANCE GUARANTEE – TEXACO SERVICE STATION (STAR ENTERPRISE) – BLOCK 11A, LOT 37 – LANDSCAPING IMPROVEMENTS
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman it was moved to adopt Consent Agenda Resolution No. 337-2009 and Resolution No. 364-2009 to Resolution No. 380-2009.
 
Mayor Brown called for any separations.  Councilman McKenna asked that Resolution 369-2009 be separated.  Mayor Brown called for a vote to adopt Consent Agenda Resolution No. 337-2009 and Resolution No. 364-2009 to Resolution 380-2009, excluding Resolution No. 369-2009.
 
Recorded Vote:   AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown 
                         NAYE:  XXXX
                        ABSTAIN:  XXXX
 
Motion Carried: 5-0
 
On motion by Councilman McKenna, seconded by Deputy Mayor Howarth, it was moved to adopt Resolution No. 369-2009.
 
Council Comment:  Councilman McKenna stated he understands the process of cancelling the balances in the Capital Improvement ordinances, but wants to make sure the monies are used properly at budget time. 
 
Recorded Vote:   AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown 
                         NAYE:  XXXX
                        ABSTAIN:  XXXX
 
Motion Carried: 5-0
 
PUBLIC COMMENTS:  
 
Mr. Richard Soboleski, 120 Kettle Run Road, questioned the practice of retired employees returning to employment for the Township.  Mr. Sobelski stated several concerns regarding the Township taking over the MUA.
 
There being no further public comment, public comment was closed.
 
Staff Comments
1. Clerk Report   - Township Clerk wished everyone a Merry Christmas.
2. Engineer Report – Township Engineer Staszewski advised Council that the final surface is set to be installed on Overington Road.  
3. Solicitor Report – Nothing to report at this time.
4.  Manager’s Report – Township Manager Czerniecki stated that at a recent breakfast ceremony the township received a check for $1,000 for the Center for the Arts from Wachovia Bank.  

 
Council Comment:
 
Councilwoman Hackman stated the Township is moving in the right direction in being thorough for the 2010 budget.  Councilwoman Hackman inquired on the possibility of getting all the taxing entities to meet and brainstorm regarding their budgets.
 
Mayor Brown responded he would like to put together a summit to look at budgetary issues with all entities.
 
Deputy Mayor Howarth stated he would like to move forward with a professional review of the MUA and wished everyone a Happy Holiday.
 
Councilman McKenna stated that budgetary decisions made are difficult and wished everyone a Happy Holiday.
 
Mayor Brown thanked the Deputy Mayor for his support on the turf field project and his work on the 5th Quarter Club.
 
RESOLUTION NO. 381-2009 – 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:  TOPICS: CONTRACT NEGOTIATIONS; PERSONNEL.
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to adopt Resolution No. 381-2009 and move into Executive Session.
December 15, 2009
Regular Meeting
 
Recorded Vote:     AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown 
                           NAYE:  XXXX
                      ABSTAIN:  XXXX
Motion Carried: 5-0
 
On motion by Deputy Mayor Howarth, seconded by Councilwoman Hackman, it was moved to come out of Executive Session.
 
Recorded Vote:     AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown 
                           NAYE:  XXXX
                      ABSTAIN:  XXXX
Motion Carried: 5-0
 
               
On a motion by Councilwoman Hackman, seconded by Deputy Mayor Howarth, it was moved to adjourn the meeting.
 
Recorded Vote:     AYE:  Croft, Hackman, Howarth, McKenna, Mayor Brown 
                           NAYE:  XXXX
                      ABSTAIN:  XXXX
 
Motion Carried: 5-0
 
Meeting adjourned:  9:40 p.m. 
 
____________________________________ ____________________________
Carmela Bonfrisco, Township Clerk   Randy Brown, Mayor
 
__________________________________
Gloria Recigno, Recording Secretary
 
Submitted:  January 12, 2010
Approved:  ________________