November Regular Meeting The Regular Meeting of the Evesham

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November 1, 2005 Regular Meeting The Regular Meeting of the Evesham Township Council was called to order by Mayor Tamburro at 7:35 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 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: Mayor Tamburro, Deputy Mayor Cardillo, Councilman Schmidt, Councilwoman Sarcone Also Present: Township Manager Sasdelli, Deputy Manager Cromie, Township Solicitor Gillespie, Township Engineer Ruddiman, Deputy Clerk Friddell and Recording Secretary Recigno APPROVAL OF MINUTES: Regular Meeting Executive Session Special Meeting Executive Session September 20, 2005 September 20, 2005 September 28, 2005 September 28, 2005 On motion by Deputy Mayor Cardillo, seconded by Councilman Schmidt, it was moved to approve the above listed minutes. Council Comments: None Recorded Vote: AYE: Cardillo, Sarcone, Schmidt, Tamburro NAYE: XXX ABSTAIN: XXX Motion Carried: 4-0 PROCLAMATION: Proclamation for Police Officers Serving in Katrina Relief Effort – Ted Smarzynski and Brian Strockbine Mayor Tamburro read the Proclamation into the record and thanked Ted Smarzynski and Brian Strockbine for their volunteer efforts in the Katrina Relief Effort in New Orleans. Mayor Tamburro also expressed his appreciation for their dedication in serving the public. Sergeant Smarzynski thanked the Mayor and Council and stated that he and Officer Strockbine assisted in 83 first aid cases; helped in the recovery of 112 bodies and assisted in answering 1, 777 previously unanswered 911 calls. Officer Strockbine stated that he and Sergeant Smarzynski did not go to New Orleans for the recognition but that he was thankful for the opportunity to represent Evesham Township. November 1, 2005 PRESENTATION: Representatives of the Knights of Columbus presented Pat Haynes, Director of Parks and Recreation a check in the amount of $1,300 for the Special Needs Program sponsored by Evesham Township. WORKSESSION DISCUSSION: 1. NJDOT Request Regarding Service Road at DeSimone BMW Township Manager stated that the Township received a request from the Project Manager of the Route 70/73 project requesting the service lane previously required on Route 73 for DeSimone BMW be rescinded due to the fact that DeSimone will be relocating from that location. Deputy Mayor Cardillo requested additional information from the State regarding this request. Mayor Tamburro asked that the Township Manager request the Traffic Engineer’s comments on the situation and would like the Traffic Engineer to coordinate with the State to inquire if there will be a accel/decel lane installed on the ramp. Mayor also requested a sketch from the State as to what the overpass will look like without the service lane. Councilwoman Sarcone also requested that the Traffic Engineer look into the possibility of an access lane for the Kohls shopping center. 2. Request for Street Vacation – Pine Grove (portion of Ninth Street between Jefferson Ave. and Evans Ave.) Township Manager stated the street in question is a stub street and that it was previously landlocked when the last street vacation was done in Pine Grove. Township Manager stated that both the Township Assessor and the Township Planner concur that the street vacation could now be done. Also stated that both families requesting the vacation will bear the cost involved. Mayor Tamburro stated he wanted to be sure that this vacation request would not create a buildable lot. Township Manager stated that it would not. Township Council agreed to vacation and asked the Clerk to move forward with request. 3. Marlton Economic Development Advisory Committee – Vacancies Township Manager stated that there are presently 4 resignations and the Committee has been unable to meet quorum at the last several meetings. Township Manager gave a brief history on the formation of the Committee whose mission was to bring commercial ratables to Evesham Township. Township Manager stated that the members of Committee did a wonderful job in bringing many upscale commercial ratables into town and since this mission has been fulfilled and the township is close to build out he questioned whether the committee should be dissolved.. November 1, 2005 Councilman Schmidt inquired if Carlos and/or Bob Perry could take over committee tasks. Councilwoman Sarcone inquired if current members would object to dissolvement and Mayor Tamburro stated that the Township should send a letter to the Chairman of the Committee inquiring if they wish to disband and to welcome their members to apply to sit on other boards and committees as vacancies occur. 4. Road Opening Moratorium Township Manager stated that the Township has a large road program ready to start once the 2005 Capital Budget is approved. Township Manager stated that there is nothing to stop utilities from coming into town and cutting roads for utility work once the paving is complete. Township Manager stated that other towns have Road Opening Moratoriums in place. Mayor Tamburro stated that the County has a Road Opening Moratorium, which spans for 5 years. Discussion followed on the time frame of a moratorium and notification of time frime. Township Engineer stated that Township should give advance notice to utilities and allow them to do their work prior to the start of the Road Opening Moratorium. Township Council agreed to move forward with the Road Opening Moratorium, which would last for 5 years. 5. Update – NJDOT Trust Fund Grant Township Manager stated that under the NJDOT Local Aid Programs, the Township was awarded a $150,000 grant for North Elmwood Road – Phase IV and that the 1-year deadline was approaching to use that grant. Stated that the matching funds are in the 2005 Capital Budget. Township Engineer stated he would get in touch with the State regarding requesting an extension, if necessary. Deputy Mayor inquired as to the installation of electric poles on North Elmwood Road. Discussion followed. Councilwoman Sarcone requested permission to make a statement regarding Open Space and Recreation Funds. Councilwoman Sarcone stated that she has been reviewing, with the Township Manager, the Open Space Fund. She understands that in 2006 there is $150,000, which can be earmarked for recreation and has asked the Marlton Rec Council to provide a plan on what they would like. Councilwoman Sarcone asked Council to join her in committing these funds for the improvement of recreation fields. Mayor Tamburro thanked Councilwoman Sarcone for her statement and agreed to discuss her request when Council met for the preparation of the 2006 Municipal Budget. Mayor Tamburro stated that Council had acted aggressively in purchasing land so that it would not be lost to developers. Councilman Schmidt agreed with Councilwoman Sarcone’s statement but wants to make sure that Council uses these funds, not only for sports fields, but for passive recreation as well. November 1, 2005 Mayor Tamburro stated that Pat Haynes, Director of Parks and Recreation will be investigating use of synthetic turf. Councilman Schmidt stated it was positive but requires a lot of review and assessment, that long term plans should include new Council member with Recreation Department, MRC, Seniors and Rec Advisory working together. Preliminary Public Comment Mr. Charles Shipley, 57 Mill Park Road inquired as to who is the official that decides if a dog is vicious or not. Township Solicitor stated that recommendation comes from Animal Control representative and then the Court. Preliminary Public Portion Closed. ORDINANCES – SECOND READING AND PUBLIC HEARING ORDINANCE NO. 20-11-2005 – AMENDING CHAPTER 72 OF THE CODE OF THE TOWNSHIP OF EVESHAM – FEES Township Manager stated that the ordinance would increase to cost of several services thus bringing those fees up to date. Township Manager stated that it has been many years since these services had a fee increase. On motion by Councilwoman Sarcone, seconded by Deputy Mayor Cardillo it was moved to adopt Ordinance No. 20-11-2005. Council Comment: None Public Comment: None Recorded Vote: AYE: Cardillo, Sarcone. Schmidt, Tamburro NAYE: XXXX ABSTAIN: XXXX Motion Carried: 4-0 ORDINANCE NO. 21-11-2005 – BOND ORDINANCE – CAPITAL IMPROVEMENTS – HEAVY VEHICULAR EQUIPMENT; DATA PROCESSING EQUIPMENT; EQUIPMENT AND IMPROVEMENT TO TOWNSHIP FACILITIES; IMPROVEMENTS TO STREETS AND ROADS. On motion by Deputy Mayor Cardillo, seconded by Councilman Schmidt, it was moved adopt Ordinance No. 21-11-2005. Council Comment: None Public Comment: Mr. Charles Shipley, 57 Mill Park Lane stated he felt the $200,000 being used to pave the driveway at Memorial Park would be better used to improve fields. Mr. Shipley believes that the Pinelands Commission will not give approval for this project and inquired what would happen to the funds. Mayor Tamburro stated that if the project does not get Pinelands Approval he would like the funds to go into the Roads Program as opposed to improving recreation fields. November 1, 2005 Discussion followed. Mr. William Mooney, 5 Elkins Lane stated he would also want the Township to use the $200,000 towards fixing the fields. Mayor Tamburro explained that a quick fix is not the answer to the problems with the fields and that the Township is looking at alternate turf solutions for a long-term fix. Councilman Schmidt inquired if the Township Engineer could look at the football field at Memorial Park and provide the Council with his recommendation on improving the drainage. Discussion fillowed on use of volunteers for rield maintenance. Mr. Steven Stil, 21 Prince Henry Drive stated the rocks on the driveway prevent speeding. Recorded Vote: AYE: Cardillo, Sarcone, Schmidt, Tamburro NAYE: XXXX ABSTAIN: XXXX Motion Carried: 4-0 ORDINANCES – FIRST READING: ORDINANCE NO. 22-11-2005 – AMEND CHAPTER 67 OF THE CODE OF THE TOWNSHIP OF EVESHAM RELATING TO VICIOUS AND/OR POTENTIALLY DANGEROUS DOGS. On motion by Deputy Mayor Cardillo, seconded by Councilman Schmidt, it was moved to approve Ordinance No. 22-11-2005 on first reading and that second reading and public hearing would take place on November 22, 2005. Council Comment: Councilman Schmidt inquired regarding wording to incude use of retractable leash. Township Solicitor stated no evidence to support it. Recorded Vote: AYE: Cardillo, Sarcone, Schmidt, Tamburro NAYE: XXXX ABSTAIN: XXXX Motion Carried: 4-0 RESOLUTIONS: RESOLUTION NO. 283-2005 – SALE OF SURPLUS PROPERTY RESOLUTION NO. 284 – CANCELLING BALANCES IN CAPITAL IMPROVEMENT ORDINANCES RESOLUTION NO. 285-2005 – INSERTION OF SPECIAL ITEMS OF REVENUE IN THE BUDGET – CHAPTER 159 – HIGHWAY SAFETY FUND GRANT PROGRAM $25,000 November 1, 2005 RESOLUTION NO. 286-2005 – APPROPRIATION TRANSFERS (NO.1) – 2005 MUNICIPAL BUDGET RESOLUTION NO. 287-2005 – RELEASE OF PERFORMANCE GUARANTEE – BASEMAN SITE (A/K/A TANGLEWOOD) – PHASE V – LANDSCAPING RESOLUTION NO. 288-2005 – RELEASE OF MAINTENANCE GUARANTEE – SHURGARD STORAGE CENTER – BLOCK 35.30, LOTS 19 AND 20.02 – 860 AND 870 ROUTE 73 – LANDSCAPING IMPROVEMENTS RESOLUTION NO. 289-2005 – RELEASE OF MAINTENANCE GUARANTEE – BASEMAN SITE (A/K/A TANGLEWOOD) – PHASE III – TROTH ROAD IMPROVEMENTS – SITE IMPROVEMENTS RESOLUTION NO. 290-2005 – RELEASE OF MAINTENANCE GUARANTEE – THE GREENES AT EVESHAM – SECTION 6 (25 LOTS) – ON-SITE IMPROVEMENTS MOTION: Approval of Raffle Application No. RA 42-2005 J. Harold VanZant PTA, Inc. On-Premise Draw Raffle – December 2, 2005 Proceeds to Benefit Playground Fund On motion by Deputy Mayor Cardillo, seconded by Councilman Schmidt, it was moved to approve Resolutions Nos. 283-2005 through 290-2005 and motion on Raffle Application No. RA42-2005. Council Comment: Mayor Tamburro commented regarding the amount of money received from the State relative to Resolution No. 285-2005 vs. the amount the State takes from the Municiupality as a result of Safe-Corridor ticketing. Discussion followed. Recorded Vote: AYE: Cardillo, Sarcone, Schmidt, Tamburro NAYE: XXXX ABSTAIN: XXXX Motion Carried: 4-0 November 1, 2005 PUBLIC COMMENTS: Mr. James McTeer, 9 Annapolis Drive – Marlton Recreation Council Baseball Commissioner expressed concerns on the condition of the fields. Stated that they would be willing to work to help improve fields but did not know if they are permitted to do so. Stated that the baseball program would be willing to purchase tarps and install them on the infield. Mr. Stephen Stil, 21 Prince Henry Court stated that the lack of viable football fields could hurt the program in the next year or two. Stated that the program is now on probation because of the number of players enrolled in the program and that if they don’t have the fields to schedule games, on the program will be forced to split into two segments. Discussion followed. Mr. Nick Casey – Quaker Group stated that his company was continuing to make progress at Colts Run and that he met with Township Engineer regarding open items and will work quickly to get them resolved. Stated that Section I will be completed by November 2, 2005 and asked Council to accept Section I presently. Stated that Section IV still had some issues and should be resolved by November 22, 005. Discussion followed on Land Use Escrow Law. Township Council concurs that matter should wait until full completion of unresolved items and would discuss further on November 22, 2005. Mr. Mike Lynch, 6 Lancaster Drive, applauded Councilwoman Sarcone on her endeavors regarding the recreation fields and also applauded Councilman Schmidt on his efforts as well. Inquired as to the amount of Open Space still available for purchase by the Township. Discussion followed on the appropriation of the open space fund. Township Manager stated that the fund generatese $850,000 per year, out of whhich $700,000 is indebted to pay for Open Space Debt Service and that there is $150,000 remaining. Township Manager stated that the remaining funds are not earmarked for recreation fields as previously stated, but can be used towards recreation projects. Mr. Lynch then asked the Mayor and Council to make it their personal priority to fix the recreation fields in 2006. Discussion followed. Mr. Charles Shipley, 57 Mill Park Lane thanked Township Manager for the professional manner in which the budget has been presented to the public since his arrival. Inquired if the budget could be broken down by program as opposed to line item. Township Manager stated that it is not impossible, but not an easy task. He agreed to look into Mr. Shipley’s request. November 1, 2005 STAFF COMMENTS: Solicitor’s Report – Nothing at this time. Engineer’s Report – Nothing at this time. Clerk’s Report – Nothing at this time. Manager’s Report – Township Manager Sasdelli stated that he has instructed staff to work with the Recreation Advisory Committee to look into a sponsorship program relative to the recreation fields and buildings. COUNCIL COMMENTS: Councilwoman Sarcone thanked everyone for their comments and stated that they are received with open minds, and she is grateful to everyone for listening to her statement on recreation. Councilman Schmidt thanked the public for their comments and input. Requested Council to have a special COAH session and request that the Planning Board come in and speak with Council. Also requested discussion at a future work session regarding adopting a Code of Ethics. Asked Council and Solicitor to review some examples he had. Mayor Tamburro asked that this be put on the agenda for the November 22, 2005 meeting. Township Manager informed Council and the public that he would be teaching a class in January on Ethics for newly elected officials. Council consensus for December 6th or December 13th for Special COAH meeting. Mayor Tamburro commented that the Township would be applying for an extension to January for the hearing and that would give Council time to discuss COAH requirements. On Motion by Deputy Mayor Cardillo, seconded by Councilwoman Sarcone, it was moved to adjourn the meeting. Recorded Vote: AYE: Cardillo, Sarcone, Schmidt, Tamburro NAYE: XXXX Motion Carried 4-0 Meeting adjourned at: 9:45 p.m. ____________________________________ Lori Friddell, Deputy Township Clerk _______________________________ Gloria Recigno, Recording Secretary Submitted: Approved: ____________________________ Augustus F. Tamburro, Mayor

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