TOWNSHIP OF MOORESTOWN TOWNSHIP COUNCIL OFFICIAL ACTION MEETING January 30, 2015

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1 TOWNSHIP OF MOORESTOWN TOWNSHIP COUNCIL OFFICIAL ACTION MEETING The Regular Meeting of the Moorestown Township Council was called to order by Mayor Napolitano at Town Hall, Council Chamber, 111 West Second Street, Moorestown at 8:30 a.m. Attendance was as follows: Victoria Napolitano, Councilmember Phil Garwood, Councilmember (absent) Stacey F. Jordan, Councilmember Greg Newcomer, Councilmember Manuel Delgado, Councilmember Scott Carew, Township Manager Thomas J. Merchel, Deputy Manager/CFO (arrived 8:39 am) Patricia L. Hunt, Township Clerk Anthony T. Drollas, Jr., Township Attorney (arrived 8:35 am) Mayor Napolitano read the Open Public Meetings Act statement in full, as printed on the agenda. She called for a moment of silence and the flag salute. A motion was made by Ms. Jordan, seconded by Mr. Newcomer, to adopt the Resolution Approving the Consent Agenda. The vote was unanimous and the motion carried. RESOLUTION APPROVING CONSENT AGENDA WHEREAS, Consent Agendas include routine items of business which are not considered controversial; do not require individual discussion; and are voted upon as one item by the Governing Body; and WHEREAS, any item may be removed from the Consent Agenda by the request of any Council Member; and WHEREAS, if so removed, said item(s) will be treated as a separate matter(s); and WHEREAS, the Township Council has reviewed the Consent Agenda and determined that the matters listed are matters which require official action; but do not require further deliberation or discussion. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Moorestown, County of Burlington, State of New Jersey, that it hereby: X a. Approves the Consent Agenda as written on the agenda. b. Approves the Consent Agenda as written with the exception of the following item(s) which shall be handled separately: c. Requests that all matters on the Consent Agenda be handled separately.

2 Page 2 The Township Manager read Ordinance No on first reading by title. ORDINANCE REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF MOORESTOWN, IN THE COUNTY OF BURLINGTON, NEW JERSEY, PROVIDING FOR THE REFUNDING OF ALL OR A PORTION OF THE OUTSTANDING CALLABLE GENERAL OBLIGATION BONDS OF THE TOWNSHIP, DATED MAY 15, 2006, CONSISTING OF $9,657,000 GENERAL IMPROVEMENT BONDS AND $1,513,000 WATER AND SEWER UTILITY BONDS, APPROPRIATING $4,850,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,850,000 REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF A motion was made by Mr. Newcomer, seconded by Ms. Jordan, to introduce the ordinance on first reading and set the public hearing for February 9, 2015 at 7:30 p.m. Upon a roll call, the vote was as follows: AYES: NAYES: ABSENT: Councilmembers Jordan, Napolitano, Newcomer and Delgado None Councilmember Garwood title. The Township Manager read Consent Agenda Resolution Nos through by RESOLUTION NO APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY IN A SAFE AND SECURE COMMUNITIES PROGRAM ADMINISTERED BY THE DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY RESOLUTION NO AUTHORIZING THE FILING OF A MUNICIPAL RECYCLING TONNAGE GRANT WITH THE NJDEP FOR THE YEAR 2014 RESOLUTION NO AUTHORIZING THE EXPENDITURE OF $10, FROM THE AFFORDABLE HOUSING TRUST FUND FOR ADMINISTRATIVE SERVICES RELATED TO THE DEVELOPMENT AND IMPLEMENTATION OF A HOUSING PLAN FOR MOORESTOWN TOWNSHIP BURLINGTON COUNTY RESOLUTION NO AUTHORIZING THE TAX COLLECTOR TO REFUND TAX & WATER OVERPAYMENTS

3 Page 3 RESOLUTION NO AUTHORIZING THE CANCELLATION OF CERTAIN WATER & SEWER CHARGES RESOLUTION NO AUTHORIZING THE EXECUTION OF AN INTERMUNICIPAL SERVICES AGREEMENT WITH THE COUNTY OF BURLINGTON FOR THE DISPOSAL OF DEWATERED SLUDGE GENERATED AT THE TOWNSHIP OF MOORESTOWN WASTEWATER TREATMENT PLANT RESOLUTION NO EXPRESSING THE TOWNSHIP S INTENT TO USE THE SURPLUS FOR TAX RELIEF RESOLUTION NO AUTHORIZING AWARD OF A CONTRACT TO ANTHONY T. DROLLAS, JR. OF CAPEHART SCATCHARD FOR TOWNSHIP/LABOR/TAX/UTILITY ATTORNEY FOR 2015 RESOLUTION NO AUTHORIZING REDUCTION OF PERFORMANCE GUARANTEE FOR PUBLIC SERVICE ELECTRIC & GAS (SOLAR PROJECT) (BLOCK 1500, LOT 8) RESOLUTION NO RESOLUTION OF THE TOWNSHIP OF MOORESTOWN AUTHORIZING THE EXECUTION OF AN APPLICATION TO SUSTAINABLE JERSEY TO RECEIVE GRANT FUNDING FOR GENERAL FUNDING OF ACTIVITIES BY SUSTAINABLE MOORESTOWN RESOLUTION NO AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE FOR MIKKO DENTAL CARE, 309 CHESTER AVENUE (BLOCK 4308, LOT 22) RESOLUTION NO A RESOLUTION OF MOORESTOWN TOWNSHIP AUTHORIZING THE PURCHASE OF NATURAL GAS SUPPLY SERVICES FOR PUBLIC USE ON AN ONLINE AUCTION WEBSITE Mayor Napolitano opened the floor for public comment. Roger Boyell, 416 Parry Drive, referring to Resolution , asked what the purpose of dedicating the surplus was. Mayor Napolitano stated that it was the Council s desire to reaffirm its commitment to use the money for tax relief and not special projects. Mr. Carew advised that the resolution does not authorize Council to do anything new or anything that they do not already do. He briefly explained appropriations, revenues and the budget makeup. He advised that the annual debate is how much surplus to be used and how much to raise

4 Page 4 taxes. He advised there had been previous discussion regarding using the surplus for special projects and it was recommended that the Township not use cash (surplus) since it has such a strong borrowing capacity. Mr. Boyell asked what the disadvantage to saving the surplus was. Mr. Carew said nothing. Mr. Newcomer read the resolution aloud. He advised that, a couple of months ago, he had suggested having a public meeting to get feedback (ideas) from the public on the surplus. Mr. Newcomer advised that he had no problem with passing this resolution as it is simple and not binding. Mr. Boyell felt that the resolution binds the hands of Council as in the last paragraph it stated that the Township s surplus shall be used. He expressed grave concern with the word shall. Much discussion and debate was held. Mr. Drollas advised that the resolution, as Mr. Boyell is interpreting it, is not forcing Council to spend the surplus as the paragraph prior to the last states, if the surplus is to be used. Mr. Drollas felt Mr. Boyell was taking the last paragraph out of context and that the resolution had to be read as a whole. Mr. Carew advised that whenever the Council uses surplus, same is money spent that does not have to raise taxes and therefore, there is taxpayer relief. Mayor Napolitano advised that the surplus benefits the town and Council does not, by any means, plan on spending it down. Mr. Merchel advised that surplus is one of the main components to balance a budget. The Township has always used some form of surplus. He advised that once you spend one dollar of the surplus, same is used to offset the taxes. He could not see not using it in the future for tax relief. He said if you have used the surplus in the past, you will have to use it in the next budget process or raise that money by taxation. He explained surplus turnover. He advised that there will be a negative impact if the Township does not have surplus at the end of the year in the amount that it used in the prior year. He advised that using the surplus to balance the budget is allowable and it is a major revenue source. Mr. Boyell asked questions; same were answered. Mr. Drollas noted that the resolution is an expression of intent; not an ordinance. Ms. Jordan advised that she is the one that brought the matter up as there were members of the public (at meetings) saying they wanted it spent on pet projects. Council did not feel that was appropriate and that is the intent of the resolution; it is not the intent of the resolution to force Council s hand to spend the surplus. Mr. Newcomer stated that the resolution says Council is going to spend the surplus on tax relief. Mr. Drollas reiterated it does not obligate Council to spend one dollar. He said the resolution expresses Council desire on how they wish to spend it, if they spend it. Discussion ensued. Mr. Boyell was still concerned with the word shall and Council spending down the surplus. He was assured that was not Council s intent. Edwin Begg, 209 Parry Drive, asked technical questions about Ordinance Mr. Merchel answered same. He advised that there will be a net interest savings over the next six years. Mr. Begg inquired about Resolution He advised that sludge does have an economic value and wondered if the Township was reaping any of same. Mr. Merchel advised of an agreement the Township has with the County for sludge management. Monique Begg, 209 Parry Drive, agreed with her husband concerning the value of sludge. She advised that Medford Township would lower its lakes every year and allow the residents to remove the sludge for their personal use.

5 Page 5 There being no further comment, the floor was closed. Under Public Comments, there being no comment, the floor was closed. At 9:11 a.m., there being no further business, a motion was made by Ms. Jordan, seconded by Mr. Delgado, to adjourn. So moved. PATRICIA L. HUNT, RMC Township Clerk