September 2, 2009
Mayor Patricia Schriver called the meeting to order at 7:00 p.m. and stated that in compliance with the “Open Public Meeting Act” this is a Regular Meeting of the Township Committee as published in the Hunterdon Review, the agenda has been posted at the Municipal Building and distributed to the Hunterdon Review, Courier News, the Express Times, the Hunterdon County Democrat and the Star Ledger.
Mayor Schriver asked everyone to stand for the flag salute.
Present - Patricia Schriver Ed Post
George Piazza
Absent- Jay Weeks Francis Morrison
Also Present - Attorney Eric Bernstein and Clerk Karen Sandorse and 4 members of the public.
Motion by Mr. Piazza, seconded by Ms. Schriver and carried by favorable roll call vote, the Township Committee approved minutes of the Regular Meeting of August 19, 2009. AYES: Piazza, Schriver ABSTAIN: Post
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by favorable roll call vote, the Township Committee approved minutes of the Executive Session of August 19, 2009. AYES: Piazza, Schriver ABSTAIN: Post
Public Hearing
Ordinance No. 2009-06-
Bond Ordinance
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2009-06 was opened.
The public hearing was closed on a motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote.
Final adoption is carried to the September 16, 2009 meeting.
STATE OF
NEW
ORDINANCE
NO. 2009-06
BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND A NEW FIRE TRUCK AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE TOWNSHIP OF LEBANON, IN THE COUNTY OF HUNTERDON, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $695,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.
Introduction
Resolution No.
70-2009 – Amending Capital Budget
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No 70-2009. (as written below)
STATE
OF NEW
A
RESOLUTION NO. 70-2009
WHEREAS, the
NOW, THEREFORE, BE IT RESOLVED by the
Township Committee of the
Section
1. The 2009 Capital Budget of the
PROJECT NO. 3
CAPITAL BUDGET OF THE
NEW
Projects Scheduled for 2009
Method of Financing
CAPITAL
ESTIMATED BUDGET IMPROVEMENT CAPITAL GENERAL
PROJECT COST APPROP. FUND SURPLUS BONDS
Construction of $2,000,000.00 $100,000.00 NONE $1,900,000.00
a DPW Garage
Section
2. The Clerk is authorized and directed to
file a certified copy of this resolution with the Division of Local Government
Services, Department of Community Affairs, State of
Resolution No.
71-2009 – Introduction of Bond Ordinance
No. 2009-07
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No 71-2009. (as written below)
STATE
OF NEW
RESOLUTION NO. 71-2009
BE IT RESOLVED that the ordinance
entitled:
"BOND ORDINANCE TO AUTHORIZE THE CONSTRUCTION OF A
NEW DEPARTMENT OF PUBLIC WORKS GARAGE IN, BY AND FOR THE TOWNSHIP OF LEBANON,
IN THE COUNTY OF HUNTERDON, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF
$2,000,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE
ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE
OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BOND."
heretofore introduced, does now pass on first reading, and that
said ordinance be further considered for final passage at a meeting to be held
on the 7thth day of October , 2009, at 7:00 P.M., or as soon thereafter as the
matter can be reached, at the regular meeting place of the Township Committee,
and that at such time and place all persons interested be given an opportunity
to be heard concerning said ordinance, and that the Township Clerk is hereby
authorized and directed to publish said ordinance according to law with a
notice of its introduction and passage on first reading and of the time and
place when and where said ordinance will be further considered for final
passage.
STATE OF
NEW
ORDINANCE
NO. 2009-07
BOND ORDINANCE TO
AUTHORIZE THE CONSTRUCTION OF A NEW DEPARTMENT OF PUBLIC WORKS GARAGE IN, BY
AND FOR THE TOWNSHIP OF LEBANON, IN THE COUNTY OF HUNTERDON, STATE OF NEW
JERSEY, TO APPROPRIATE THE SUM OF $2,000,000 TO PAY THE COST THEREOF, TO MAKE A
DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION
AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF
THE ISSUANCE OF SUCH BONDS.
Public
Hearing to be held on October 7, 2009.
Resolution No. 72-2009
– Redemption of
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No 72-2009. (as written below)
RESOLUTION NO. 72-2009
STATE OF NEW
RESOLUTION
APPOINTING WARREN GABRIEL AS ACTING DEPARTMENT OF PUBLIC WORKS SUPERVISOR
WHEREAS, Paul
Jones is currently the supervisor for the
WHEREAS, although Mr. Jones’ official retirement date is not until October 1, 2009, he shall be commencing time off from the Township between now and October 1, 2009. Therefore, a replacement is necessary to handle the duties of Department of Public Works supervisor until Mr. Jones’ official retirement and until a replacement can be appointed and/or hired thereafter; and,
WHEREAS, the
NOW,
THEREFORE, BE IT RESOLVED, by the Township Committee of the
OLD BUSINESS
Mr. Post stated that there is good news on the Pelio
property acquisition, which is that it is progressing. At this point, it appears that there will be
two transactions for the parcels. On the
east side of
On the parcels on the west side of
expenditures from the Township, utilizing the Green Acres grant money and the Township’s County Open Space allocation. The County completed the appraisals, title, surveys and environmental investigation and the State has already informed them that they will not need to update the appraisals, however, there may be some cost in updating the title and survey to get to closing.
The approximate cost is $5,000.00 - $10,000.00. A resolution will need to be adopted by the Township Committee at the next meeting.
Mr. Post stated that the 70 acres should be managed by the County Park System. It can be handled through a management agreement between the Township and the County as we are party to the property or the Township can convey 100% of the interest of the property to the County at closing. Mr. Post stated that the later would be most desirable as we want the County to manage the property.
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee authorized Mr. Post to negotiate with the County relative to the acquisition of the property and to convey 100% of all rights of the Township to the County.
Mr. Post stated that there are a few other administrative items that will need to be dealt with: A signed application/certification form, a resolution authorizing the submission of the application on behalf of the municipality, an updated Open Space Inventory and the authorization to enter into an assignment agreement with the Land Trust to acquire the property. Mr. Post stated that the agreement will be forthcoming and he will share it with Attorney Bernstein’s office. The closing will be sometime in 2010. Attorney Bernstein will prepare the required resolutions.
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee moved to proceed with the Pelio transaction for the acquisition of 70 acres with Lebanon Township being the applicant and the Township putting forth their Open Space Tax up to $5,000.00 to be matched by the Township’s Green Acres funding to offset the cost.
The Clerk will speak to Kevin Richardson and the Treasurer to see if existing County Open Space Funds can be used to pay down existing debt.
Municipal Court of
North Hunterdon
Mr. Piazza stated that the deadline for all of the
participating municipalities to decide if they will remain in the system has
come and gone. Lebanon Borough and
NEW BUSINESS
Cooperative
Purchasing- Snow & Ice Control Materials
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the participation in the Co-operative purchasing of snow and ice control materials.
Held until executive session.
Approve Raffle
Application –
Motion by Mr. Piazza, seconded by Mr. Post and carried by
unanimous favorable roll call vote,
the Township Committee approved a raffle application for the Lebanon Township
Memorial Park Committee for an event to take place on September 27, 2009.
Approve Raffle
Application – Voorhees High School PTSA – October 9, 2009
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved a raffle application for the Voorhees High School PTSA for an event to be held on October 9, 2009.
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the September 2, 2009 bill list in the amount $2,714,083.67.
CORRESPONDENCE
Minutes from the
PUBLIC COMMENTS
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee opened the Public Comment portion of the meeting.
Mr. Ron Milkowski asked if the cost for the professionals are included in the total amount of the Township Garage Bond Ordinance or are the charges in addition to the $2,000,000,000.
Mr. Casale asked what the status is of the insurance for the soil contamination at Fire Station No. #1. Attorney Bernstein stated that Groendyke is working with the carrier regarding the carrier’s response. Attorney Bernstein will contract Ray Scherrer for a standing status.
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee closed the Public Comment portion of the meeting.
EXECUTIVE SESSION
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved Resolution No. 73-2009 and convened in executive session at 7:35 p.m.
RESOLUTION NO. 73-2009
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Personnel – Zoning Officer
PBA and CWA Contract
Attorney Client Privilege
Motion by Mr. Piazza, seconded
by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee reconvened the Regular
Committee meeting at 9:07 p.m.
Attorney Bernstein stated that all members of the Governing Body present at the commencement of the executive session were present at the recommencement of the open session as well as the Township Clerk and the Township Attorney. The Committee met with the Township Zoning Officer regarding ongoing issues involving his position. It was recommended that the Clerk contact the Zoning Board Chairman and the Planning Board Chairman to attend the October 7, 2009 Township Committee meeting in executive session for purposes of discussion of John Flemming and his situation. The Township Attorney will have a conversation with the Zoning and Planning Board Attorney in the interim relative to issues that he may or may not have relative to such. There was a further discussion regarding some involvement as to a possible issue as to a heath insurance fund. The Township Clerk will speak to the Treasurer and to the insurance broker as to whether or not submitting information pursuant to a request from the Hunterdon County Shared Services Group. No action is to be taken at this time. The Governing Body also had a conversation with the Attorney relative to a possible acquisition of property on Little Brook Road.
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee rejected the request to acquire church property on Little Brook Road.
Having no further business to come before the Committee, a motion was made by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote to adjourn the meeting at 9:12 p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved: October 7, 2009 ___________________________
Patricia Schriver, Mayor