TOWNSHIP OF MOORESTOWN TOWNSHIP COUNCIL WORKSHOP AND OFFICIAL ACTION MEETING. July 24, 2017

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1 TOWNSHIP OF MOORESTOWN TOWNSHIP COUNCIL WORKSHOP AND OFFICIAL ACTION MEETING The Regular Meeting of the Moorestown Township Council was called to order by Mayor Delgado at Town Hall, Council Chamber, 111 West Second Street, Moorestown at 7:00 p.m. Attendance was as follows: Manuel Delgado, Mayor Stacey F. Jordan, Deputy Mayor Victoria Napolitano, Councilmember Lisa Petriello, Councilmember Michael Locatell, Councilmember Thomas J. Merchel, Township Manager/CFO Patricia L. Hunt, Township Clerk Kelly Grant, Township Attorney MAYOR'S STATEMENT: At 7:00 p.m., Mayor Delgado read the Open Public Meetings Act statement in full, as printed on the agenda. "Notice of this meeting has been provided in accordance with the Open Public Meetings Act by: 1. Posting a copy of the Annual Meeting Schedule on the bulletin board in the Municipal Complex and ing a copy to the Courier Post, Philadelphia Inquirer and all those requesting copies on January 6, Posting a copy of the agenda on the bulletin board at the Municipal Complex. 3. Filing a copy of the agenda in the office of the Township Clerk at the Municipal Complex. 4. Forwarding a copy of the agenda to the Courier Post and the Philadelphia Inquirer. 5. Forwarding a copy of the agenda to each person who has requested copies of the regular meeting schedule. All of the above posting, filing and mailing have taken place on the 21st day of July, WORKSHOP (INFORMAL DISCUSSION) - Topics 1. Discussion Regarding: a. Scheduling Matters: None. b. Official Action Agenda: None. c. Any Amendments to the Agenda: None. 2. Planning Board Recommendations - Stormwater Management Regulations: Mr. Merchel advised that Council received suggested amendments to the stormwater management ordinance (recommended by the Environmental Advisory Committee (EAC) to the Planning Board). Joan Ponessa, 215 Locust Street, advised that a subcommittee of the EAC has been working on recommended amendments. The recommendations were sent to the Planning Board for review. The amendments included the insertion of a definitions section (recommended by New Jersey Department of Environmental Protection NJDEP ) and a few minor changes. Mr. Merchel advised that if Council had no concerns or objections, the ordinance would be scheduled for first reading at the next meeting. There were no objections.

2 Page 2 Farmer Pugh, resident of Moorestown, advised that the Township has too many geese and deer in it; it makes it hard to farm in town anymore. He requested that Council appoint a subcommittee to meet with him and representatives of the State to develop a strategy to contain the geese and deer population. Mayor Delgado asked Mr. Merchel to put together a team. A brief discussion ensued. Mr. Merchel advised that he would reach out to Mr. Pugh. 3. Outstanding Appointments: Ms. Petriello advised that a written resignation from a member of the Appearance Committee should be forthcoming. Mayor Delgado reviewed the outstanding appointments and asked that Council review same, along with the requests to serve that have been received. Mr. Locatell asked that a copy of the requests to serve be forwarded to Council again. Ms. Petriello advised that the Appearance Committee is seeking a member with electrical lighting experience. RESIDENTS REQUESTS & PRESENTATIONS (Items not listed on the Agenda): Joyce Cheng, 25 Robin Road, member of Telecommunications and Technology Committee (T&T) advised that she attended the meeting in order to follow up on the last meeting. Ms. Cheng suggested that perhaps the T&T Committee could be charged with performing research and education concerning a municipally-owned FIOS network for the Township. Ms. Cheng indicated that the Economic Development Advisory Committee (EDAC) submitted a report in 1985 recommending that the Township develop a technology plan; however, she cannot seem to locate it. She suggested that Council appoint a third party to perform research, and compare the technologies of other towns around the country in order to develop a technology plan; the T&T Committee could help; but they would have to meet more than three times a year. Discussion on the amount of meetings held and why was held. Mr. Merchel advised on how and why the committee was originally appointed (a spinoff of the Cable TV Committee). The T&T Committee heard cable television complaints and was a negotiator with Comcast. Once the renewal with Comcast was resolved, the Committee met more so on an as-needed basis. Ms. Cheng urged Council to charge the committee with a task(s) and allow it to meet more often. Discussion on the necessities was held. In closing, Mayor Delgado suggested that he, Ms. Napolitano, the Manager and she meet to review and discuss the materials she presented on FIOS and determine how best engage the T&T Committee. 7:30 P.M. OFFICIAL ACTION MOMENT OF SILENCE and FLAG SALUTE: At 7:30 p.m., the Official Action meeting began with a moment of silence and the flag salute. DISCUSSION: 1. Reports from Members of Council: Mr. Locatell advised that the Moorestown Business Association (MBA) has postponed thoughts on a food truck event as they have several other upcoming events. Discussion on a future

3 Page 3 event and budgeting was held. Mr. Locatell advised that he will have the EDAC put together a budget and plan. All members felt it was a great event to hold. Mr. Locatell advised that a concern with competing with local eateries was raised. Mr. Locatell advised that he will reach out to the MBA and the EDAC to discuss the matter in further detail. Ms. Napolitano advised that it is summer theater season in Moorestown. She advised of the upcoming shows. Ms. Petriello advised that she went to see the Wizard of Oz; it was really good. Beauty in the Beast is also coming up in August. She also advised that she attended the Burlington County Farm Fair; it was well attended. Ms. Petriello advised that the Appearance Committee met; it is discussing the Main Street streetscape; the Lenola TAP grant; and the sign ordinance. Ms. Jordan advised that the Tree Planting and Preservation Committee met. It continues to watch the Emerald Ash Borer; it recommends that everyone ensure that they have the correct people working on their trees. Mayor Delgado expressed his appreciation for the Tree Committee for overseeing the trimming of trees by PSE&G. Ms. Jordan commended the committee s work in that regard. Ms. Napolitano noted that the Tree Committee had a flyer on the how to check for Emerald Ash Borer. She asked that Mr. Merchel ensure it is on the website. Mayor Delgado read aloud the upcoming meetings. 1. Upcoming Meeting(s) Municipal Complex 111 West Second Street a. August 14, :00 p.m. (Workshop) 7:30 p.m. (Official Action) (Council Chambers) b. August 28, :00 p.m. (Workshop) 7:30 p.m. (Official Action) (Council Chambers) 2. Agenda Updates: None. Adoption of Consent Agenda Resolution: Mayor Delgado asked for a motion to adopt the consent agenda resolution: MOTIONED BY: Ms. Jordan SECONDED BY: Mr. Locatell ROLL CALL VOTE: All in favor RESOLUTION APPROVING CONSENT AGENDA WHEREAS, Consent Agendas include routine items of business which are not 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

4 Page 4 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): c. Requests that all matters on the Consent Agenda be handled separately. PRESENTATIONS AND PROCLAMATIONS: None. ORDINANCES ON SECOND READING: None. ORDINANCES ON FIRST READING: None. CONSENT AGENDA RESOLUTIONS: The Township Manager read the Consent Agenda Resolutions by title Authorizing Contract with Sportsfield Specialties, Inc. for the Purchase and Installation of Athletic Field Safety Netting at Wesley Bishop Park Turf Fields under Keystone Purchasing Network No. KPN in the Amount of $33, Authorizing the Execution of a Municipal Solid Waste Service Contract with the County of Burlington for the Provision of Solid Waste Services from 2017 Through Authorizing the Cancellation of Certain Water & Sewer Charges Resolution of the Township of Moorestown, in the County of Burlington, State of New Jersey, Authorizing the Sale of $16,185,000 Water-Sewer Utility Bonds; and Authorizing other Matters Relating Thereto Awarding a Contract for 2017 Overlay Project to American Asphalt Co., Inc. in the Amount of $1,949, A Resolution Authorizing the Extension of the Tax Payment Grace Period for the 3 rd Quarter from August 10, 2017 to September 1, 2017

5 Page 5 Mayor Delgado opened the floor for public comment. Edwin Begg, 209 Parry Drive, asked how much the private athletic club contributions received to date are. Mr. Merchel advised that he did not have the numbers with him; Mr. Begg would have to him call during regular business hours. Mr. Begg was not in support of Resolution No indicating it was not right and he felt Council was gaining the reputation of being a soft touch. He asked if that is what they wanted. Paul Conlow, 443 North Church Street, asked for clarification on Resolution Nos and ; Mr. Merchel provided same. Mr. Conlow noted a reference to recreation field needs to be removed in Section 1 of Resolution No. 151; Mr. Merchel thanked Mr. Conlow advising that same is in error and should have been removed from the final draft. Mr. Merchel provided a description as to where the safety netting will be placed (for lacrosse and soccer); he explained the need for safety. Mr. Merchel advised that he is waiting on the County to strike its tax rate; that is the reason for the extension of the grace period. There being no further comment, the floor was closed. Mayor Delgado asked for discussion or a motion to adopt the resolutions, with the minor correction made to Resolution No Ms. Petriello asked how the Township satisfies the unacceptable waste disposal provision in the solid waste contract. Mr. Merchel advised that the Township will schedule drop off events or the resident can bring its waste to the County facility. Also in response to Ms. Petriello s questions, Mr. Merchel advised that the Township contracts with a vendor for the disposal of tires; and he was not certain whether the Township has ever paid a surcharge for unacceptable items, but, he would look into it. MOTIONED BY: Mr. Locatell SECONDED BY: Ms. Jordan ROLL CALL VOTE: All in favor 1. MINUTES: June 26, 2017 Regular Meeting: Mayor Delgado asked for discussion or a motion to adopt the minutes. MOTIONED BY: Ms. Jordan SECONDED BY: Mr. Locatell ROLL CALL VOTE: All in favor APPROVAL OF EXPENDITURES: Mayor Delgado asked for discussion or a motion to approve the expenditures.

6 Page 6 MOTIONED BY: Mr. Locatell SECONDED BY: Ms. Napolitano ROLL CALL VOTE: All in favor MANAGER S REPORT: Mr. Merchel advised that the Township is in receipt of the traffic study results for North Church Street and the County has agreed to reduce the speed from Farmdale Road to Flynn Avenue from 40 mph to 35 mph; however, the other area speed limit(s) will not be changed due to requirements/criteria of the law. Mr. Merchel advised that road work will begin on Pleasant Valley Avenue; notice will be sent to the residents and posted on the website. He advised the Township is still waiting on County approval; the Township will begin the curbing and ADA work in the interim. Mr. Merchel provided a brief description of the work (milling and paving; all stormwater outlets with bicycle safety inlets; and a bike path on both sides of Pleasant Valley (location: across Route 38)). Mr. Merchel advised that he, the Mayor and Theresa Miller will be meeting with the AMP Rotary Club who has volunteered to adopt the maintenance of the dog park. He noted that the Club is very ambitious. He advised of potential grand opening dates. Ms. Petriello asked for the status of the traffic study on Westfield Road; Mr. Merchel advised that there was a mix up, but, the County is working on it; the County did not realize the Township had asked for a study on North Church Street and Westfield Road. Ms. Petriello asked how the County came to its conclusion regarding the speed on North Church Street. Mr. Merchel advised that there is an eighty-five percent rule; if eighty-five percent of drivers are obeying the speed limit, the limit cannot be reduced. There was a brief discussion. CONTINUATION OF WORKSHOP (if necessary): Not necessary. COMMENTS FROM THE PUBLIC (Items listed on the Agenda): Mayor Delgado opened the floor. Fred Sutherland 417 North Church, strongly expressed his dismay with the County s findings concerning the speed limit along North Church Street, i.e., lowered only in a small portion of the requested area. He asked if a crosswalk was being installed; Mr. Merchel advised that same was not made part of the requesting resolution. Discussion was held. Ms. Jordan advised that the Township discussed various measures for traffic calming with the County officials. Mayor Delgado asked Mr. Merchel to look into the idea of placing a stop sign at North Church Street and Maple Avenue. Paul Conlow, 443 North Church Street, asked for clarification on the eighty-five percent rule; Mr. Merchel repeated his explanation indicating the engineers said it is purely scientific. Mr. Conlow also expressed his dismay with the final decision. Much discussion was held. In closing, it was stated that the Township can look into things such as increasing police presence; installing lighted signage; if necessary, request a study by the New Jersey Department of Transportation; a

7 Page 7 crosswalk. Ms. Petriello suggested even painting on the roadway (to reduce the speed). The public was assured that Council understands the concerns. Ms. Jordan advised that one of the crosswalks by Camden Avenue and Kings Highway (by Perkins Center for the Arts) is scary. Ms. Petriello agreed. Ms. Jordan indicated that when you approach the crosswalk, your eyes are darting everywhere. She suggested moving the crosswalk back to Locust Street. Mr. Merchel advised that he will discuss the matter with Police Chief Lieber. Ms. Jordan stated that curve on Golf View road is still of concern. She noted that school will be starting in one and a half months. Ms. Petriello agreed noting that improvements have been made but something more needs to be done. Mayor Delgado suggested reviewing the Complete Streets Plan. Ms. Petriello noted a recent accident at Main Street and Zelley Avenue. She asked if a traffic study could be performed between Mount Laurel Road and Marter Avenue. Mayor Delgado noted that the lighted crosswalk sign on Main Street (at OLGC) still takes an excessive amount of time to stop blinking. He also noted that staff was to research whether the sign has proven to be effective and whether same should be installed anywhere else on Main Street. Mr. Merchel reminded Council that an existing tree was an issue when discussing the other potential location. Jeffrey Hipple, 418 North Church Street, noted the difficulty he experiences in getting out of his driveway. He appreciated the speed reduction. He said he believed most drivers do not even realize they are in a residential area; they are zoned out and need to be made more aware and alerted to pay attention. There being no further comment, the floor was closed. CLOSING COMMENTS BY COUNCIL: All members of the Council thanked the public for attending. Mr. Locatell said, we hear you; we try our best; we cannot solve everything. CLOSED SESSION 1. Matters Relating to Litigation, Negotiations and the Attorney-Client Privileges - COAH matters and Tax Appeal Litigation Update At 8:34 p.m., Mayor Delgado asked for a motion to adopt the resolution to enter into closed session for purposes of discussing matters relating to Litigation, Negotiations and the Attorney-Client Privileges. MOTIONED BY: SECONDED BY: VOTE: Mr. Locatell Ms. Napolitano All in favor

8 Page 8 RESOLUTION NO. TCOA CS AUTHORIZING CLOSED SESSION WHEREAS, the Township Council of the Township of Moorestown is subject to certain requirements of the Open Public Meetings Act, N.J. S. A. 10:4-6, et seq., and WHEREAS, the Open Public Meetings Act, N.J.S.A 10:4-12, provides that a Closed Session, not open to the public, may be held for certain specified purposes when authorized by Resolution, and WHEREAS, it is necessary for the Township Council of the Township of Moorestown to discuss in a session not open to the public certain matters relating to the item or items authorized by N.J.S.A. 10:4-12b and designated below: (1) Matters Required by Law to be Confidential: Any matter which, by express provision of Federal law or State statute or rule of court shall be rendered confidential or excluded from the provisions of the Open Public Meetings Act. (2) Matters Where the Release of Information Would Impair the Right to Receive Funds: Any matter in which the release of information would impair a right to receive funds from the Government of the United States. (3) Matters Involving Individual Privacy: Any material, the disclosure of which constitutes an unwarranted invasion of individual privacy such as any records, data, reports, recommendations, or other personal material of any educational, training, social service, medical, health, custodial, child protection, rehabilitation, legal defense, welfare, housing, relocation, insurance and similar program or institution operated by a public body pertaining to any specific individual admitted to or served by such institution or program, including but not limited to, information relative to the individual s personal and family circumstances, and any material pertaining to admission, discharge, treatment, progress or condition of any individual, unless the individual concerned (or, in the case of a minor or incompetent, his guardian) shall request in writing that the same be disclosed publicly. (4) Matters Relating to Collective Bargaining Agreements: Any collective bargaining agreement, or the terms and conditions which are proposed for inclusion in any collective bargaining agreement, including the negotiation of the terms and conditions thereof with employees or representatives of employees of the public body. (5) Matters Relating to the Purchase, Lease of Acquisition of Real Property or the Investment of Public Funds: Any matter involving the purchase, lease or acquisition of real property with public funds, the setting of banking rates or investment of public funds, where it could adversely affect the public interest if discussion of such matters were disclosed.

9 Page 9 (6) Matters Relating to Public Safety and Property: Any tactics and techniques utilized in protecting the safety and property of the public, provided that their disclosure could impair such protection. Any investigations of violations or possible violations of the law. X (7) Matters Relating to Litigation, Negotiations and the Attorney-Client Privileges: Any pending or anticipated litigation or contract negotiation in which the public body is, or may become, a party. Any matters falling within the attorney-client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer. (8) Matters Relating to the Employment Relationship: Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose rights could be adversely affected request in writing that such matter or matters be discussed at a public meeting. (9) Matters Relating to Potential Imposition of a Penalty: Any deliberations of a public body occurring after a public hearing that may result in the imposition of a specific civil penalty upon the responding party or the suspension or loss of a license or permit belonging to the responding party bears responsibility. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Moorestown, County of Burlington, State of New Jersey, assembled in public session, that a Closed Session closed to the public shall be held in the Town Hall, 111 West Second Street, Moorestown, New Jersey, for the discussion of matters relating to the specific items designated above. It is anticipated that the deliberations conducted in closed session may be disclosed to the public upon the determination of the Township Council that the public interest will no longer be served by such confidentiality. At 8:35 p.m., Council entered into closed session. At 9:48 p.m., Council returned to the public meeting. Due to the sensitivity of the matters, Council had nothing to report. ADJOURNMENT: At 9:48 p.m., there being no further business, a motion was made to adjourn. MOTIONED BY: SECONDED BY: VOTE: Mr. Locatell Ms. Jordan All in favor PATRICIA L. HUNT, RMC Township Clerk