August 31, 2005 Special Meeting The Special Meeting of the Evesham Township Council was called to order by Mayor Tamburro at 5:08p.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 Tamburro 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: Cardillo, Montgomery, Sarcone, Tamburro Absent: Schmidt Also Present: Township Manager Sasdelli, Deputy Township Manager Cromie, Township Solicitor Gillespie, Township Clerk Bonfrisco, Deputy Township Clerk Friddell PUBLIC COMMENT – There being none, public comment was closed. RESOLUTION NO. 249-2005 – EXCLUSION OF PUBLIC FROM PUBLIC MEETING: On motion by Councilwoman Montgomery, seconded by Deputy Mayor Cardillo, it was moved to adopt Resolution No. 249-2005 and go into Executive Session to discuss Personnel. Recorded Vote: AYE: Cardillo, Montgomery, Sarcone, Tamburro NAYE: XXX ABSTAIN: XXX Motion Carried 4-0. On motion by Councilwoman Montgomery, seconded by Deputy Mayor Cardillo, it was moved to come out of Executive Session. Recorded Vote: AYE: Cardillo, Montgomery, Sarcone, Tamburro NAYE: XXX ABSTAIN: XXX
Motion Carried 4-0. Mr. Jeffrey Saper, Chairman of the Evesham Township Zoning Board indicated that he received a “Rice Notice” from Township Manager Sasdelli, and that he wished to have all discussion help in open public session.
August 31, 2005 Mayor Tamburro referred to transcribed minutes of Planning Board meeting of August 4th. He inquired regarding remarks made by Mr. Saper as Zoning Board Chairperson, regarding the Master Plan. Mr. Saper indicated that members of the Zoning Board were invited to attend the Planning Board meeting and that he recognizes the separate authority of Planning Board on formulating the Master Plan. Mr. Saper continued by stating that he is always willing to accept advice of Township Professionals; that he does not have political aspirations or a personal agenda, and that he made a promise to keep the Zoning Board neutral and to weigh each application on its merit. Mr. Saper stated that, with regard to comments on senior housing and COAH, the Planning Board requested members of the Zoning Board come to the meeting to bring issues to the forefront, and that his own statements were not to be implied as disagreeing with the Master Plan. Discussion followed on senior housing and COAH requirements. Mayor Tamburro inquired regarding Mr. Saper’s comments in disagreement with planner’s opinions. Mr. Saper stated that his comments were made as a resident and reflect only his opinion, not that of the Zoning Board. Discussion followed on recent use variances granted by the Zoning Board. Township Solicitor Gillespie stated that under the Land Use Legislation, the Zoning Board has limited jurisdiction on issuing variances. Mr. Gillespie made reference to “judicial activism”. Discussion continued on the text of Mr. Saper’s remarks at the Planning Board meeting. Mayor Tamburro expressed his concern over use variances superceding the existing zoning and the potential for spot zoning. Township Solicitor Gillespie suggested the Zoning Board’s annual reports as an appropriate forum to submit concerns to Council. Township Manager Sasdelli further suggested the implementation of training programs for new Zoning Board members.
August 31, 2005 Mr. Saper indicated his agreement with suggestions and his intention to bring recommendations back to the Zoning Board. Council thanked Mr. Saper for his attendance. On motion by Councilwoman Montgomery, seconded by Deputy Mayor Cardillo, it was moved to go into Executive Session to discuss matters of Attorney-Client Privilege. Recorded Vote: AYE: Cardillo, Montgomery, Sarcone, Tamburro NAYE: XXX ABSTAIN: XXX Motion Carried 4-0. On motion by Councilwoman Montgomery, seconded by Deputy Mayor Cardillo, it was moved to come out of Executive Session. Recorded Vote: AYE: Cardillo, Montgomery, Sarcone, Tamburro NAYE: XXX ABSTAIN: XXX
Motion Carried 4-0. On motion by Deputy Mayor Cardillo, seconded was moved to authorize the filing of suit to Board decision on Resolution ZB-04-58, – All pending attorney review and assessment of at possibility of successful outcome of suit. Recorded Vote: AYE: NAYE: ABSTAIN: Motion Carried 4-0. On motion by Councilwoman Montgomery, seconded by Deputy Mayor Cardillo, it was moved to go into Executive Session to discuss Personnel. Recorded Vote: AYE: Cardillo, Montgomery, Sarcone, Tamburro NAYE: XXX ABSTAIN: XXX Motion Carried 4-0. by Mayor Tamburro, it challenge the Zoning American Storage, LLC, least a fifty- percent
Cardillo, Montgomery, Sarcone, Tamburro XXX XXX
August 31, 2005
On motion by Councilwoman Montgomery, seconded by Deputy Mayor Cardillo, it was moved to come out of Executive Session. Recorded Vote: AYE: Cardillo, Montgomery, Sarcone, Tamburro NAYE: XXX ABSTAIN: XXX
Motion Carried 4-0. Staff Comments: None Council Comments: None On motion by Councilwoman Montgomery, seconded Cardillo, it was moved to adjourn the meeting. Recorded Vote: AYE: All Ayes! NAYE: XXX ABSTAIN: XXX Motion Carried 4-0. Meeting adjourned at 7:06p.m. __________________________________ Carmela Bonfrisco, Township Clerk ____________________________ Augustus F. Tamburro, Mayor by Deputy Mayor
____________________________________ Lori A. Friddell, Deputy Township Clerk/Recording Secretary Submitted: Approved : October 3, 2005 _______________