January 20, 2010
Mayor Jay D. Weeks 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 Jay Weeks George Piazza
Francis Morrison Brian Wunder
Absent
Also Present - Attorney Eric Bernstein and Clerk Karen Sandorse and 12 members of the public.
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by favorable roll call vote, the Township Committee approved minutes of the Regular Meeting of December 16, 2009. AYES: Schriver, Weeks, Morrison, Piazza ABSTAIN: Wunder
Motion by Mr. Piazza, seconded by Mr. Morrison and carried by favorable roll call vote, the Township Committee approved minutes of the Executive Session of December 16, 2009. AYES: Schriver, Weeks, Morrison, Piazza ABSTAIN: Wunder
ORDINANCES
Public Hearing
Ordinance No. 2010-
01 - CAP BANK
Motion by Ms. Schriver, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2010-01 was opened.
Hearing no comments from the public, the public hearing was closed on a motion by Ms. Schriver, seconded by Mr. Wunder and carried by unanimous favorable roll call vote.
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2010-01 as written below.
STATE OF NEW
ORDINANCE NO. 2010-01
CALENDAR YEAR 2010
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION
LIMITS AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS,
the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides
that in the preparation of its annual budget, a municipality shall limit any
increase in said budget to 2.5% unless authorized by ordinance to increase it
to 3.5% over the previous year’s final appropriations, subject to certain
exceptions; and,
WHEREAS,
N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized
by ordinance, appropriate the difference between the amount of its actual final
appropriation and the 3.5% percentage rate as an exception to its final
appropriations in either of the next two succeeding years; and,
WHEREAS,
the Township of Lebanon Committee of the Township of Lebanon in the County of
Hunterdon finds it advisable and necessary in increase its CY2010 budget by up
to 3.5% over the previous year’s final appropriations, in the interest of
promoting the health, safety and welfare of the citizens; and,
WHEREAS,
the Township of Lebanon Committee hereby determines that a 1% increase in the
budget for said year, amounting to $36,866.55
in excess of the increase in final appropriations otherwise
permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS,
the
NOW
THEREFORE BE IT ORDAINED, by the Township of Lebanon Committee of the Township
of Lebanon, in the County of Hunterdon, a majority of the full authorized
membership of this governing body affirmatively concurring, that, in the CY
2010 budget year, the final appropriations of the Township of Lebanon shall, in
accordance with this ordinance and N.J.S.A.40A: 4-45.14, be increased by 3.5%,
amounting to $129,032.93, and
that the CY2010 municipal budget for the Township of Lebanon be approved and
adopted in accordance with this ordinance; and,
BE
IT FURTHER ORDAINED, that any amount authorized herinabove that is not
appropriated as part of the final budget shall be retained as an exception to
final appropriation in either of the next two succeeding years; and,
BE
IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be
filed with the Director of the Division of Local Government Services within 5
days of introduction; and,
BE
IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption,
with the recorded vote included thereon, be filed with said Director within 5
days after such adoption.
Public Hearing
Ordinance No. 2010-
02 - Salaries
Motion by Mr. Piazza, seconded by Ms. Schriver and carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2010-02 was opened.
Hearing no comments from the public, the public hearing was closed on a motion by Mr. Piazza, seconded by Ms. Schriver and carried by unanimous favorable roll call vote.
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2010-02 as written below.
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STATE OF NEW ORDINANCE 2010-02 SALARIES BE IT
ORDAINED BY THE Township Committee of the |
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County,
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SECTION
A: This Ordinance shall be known and may be referred to be its short title which |
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is
"The 2010 Salary Ordinance" |
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` |
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SECTION
B: The annual salary of the following officers and employees of the Township
of |
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SALARY |
RANGES |
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Mayor |
4,000.00 |
6,000.00 |
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Committee |
4,000.00 |
6,000.00 |
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Open
Space Coordinator |
4,000.00
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6,000.00 |
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Tax
Assessor |
30,000.00 |
48,000.00 |
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Township
Clerk |
40,000.00 |
76,000.00 |
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Deputy
Clerk |
30,000.00 |
49,000.00 |
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Tax
Collector |
30,000.00 |
42,500.00 |
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Chief
Financial Officer |
15,000.00 |
26,500.00 |
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Treasurer
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30,000.00 |
35,500.00 |
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Planning
Board Clerk |
15,000.00 |
26,500.00 |
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Zoning
Official |
24,336.00 |
27,375.00 |
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Board
of Adjustment Secretary |
15,000.00 |
26,500.00 |
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Police
Office Manager |
29,000.00 |
46,500.00 |
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Road
Supervisor |
55,000.00 |
91,000.00 |
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Asst.
Road Supervisor |
40,000.00 |
64,000.00 |
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Chief
Mechanic |
29,000.00 |
63,000.00 |
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Road
Employee |
29,000.00 |
57,000.00 |
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Police
Chief |
86,000.00 |
104,000.00 |
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Police
Sergeant |
66,000.00 |
93,500.00 |
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Police
Officer |
47,000.00 |
86,000.00 |
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Office
of Emergency Management |
2,000.00 |
6,000.00 |
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Dog
Census |
2,000.00 |
4,500.00 |
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SECTION
C: The hourly wage of the following employees of the |
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be set
forth hereafter: |
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Buildings
and Grounds |
12.00 |
14.00 |
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Library
Clerk |
13.00 |
19.47 |
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Assistant
Library Clerk |
9.00 |
16.70 |
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Clerical
Substitute |
12.00 |
12.00 |
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Museum
Curator |
11.00 |
17.52 |
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9.00 |
14.70 |
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Special
Police Class II & Matrons |
13.00 |
20.50 |
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Dog
Wardens |
9.00 |
13.07 |
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Mechanic
Helper - over base pay |
2.00 |
4.00 |
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Fire
Official |
16.00 |
23.56 |
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Perc
Test Witness |
100.00 |
125.00 |
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Special
Traffic Guards |
25.00 |
42.58 |
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SECTION
D: The rate for mileage shall be the current federal limit. |
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This
ordinance shall take effect upon final passage and publication as provided by
law. |
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Motion by Mr. Piazza, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved Ordinance No. 2010-03 on first reading. (As entitled below).
STATE OF NEW
ORDINANCE NO. 2010-03
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.
Public hearing to be held on February 3, 2010.
PROCLAMATION –
National Wear Red Day for Women
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee proclaimed Friday, February 5, 2010 as 2010 National Wear Red Day for Woman as stated below.
STATE OF NEW
2010 National Wear Red Day for Woman
WHEREAS, diseases of the heart are the nation’s leading cause of death and stroke is the third leading cause of death;
WHEREAS, cardiovascular diseases (CVD) claim the lives of close to 455,000 American females (about one death per minute) each year;
WHEREAS, each year, 53 percent of all cardiovascular disease deaths occur in females, as compared to 47 percent in men, and nearly 30,400 more females that males die from a stroke;
WHEREAS, in 2009 the estimated
direct and indirect cost of cardiovascular diseases and stroke in the
WHEREAS, more women die of cardiovascular disease than the next five leading causes of death combined, including all cancers;
WHEREAS, one in 2.7 die from cardiovascular disease and 64 percent of women who die suddenly from coronary heart disease have no previous symptoms;
WHEREAS, February is designated as American Heart Month;
WHEREAS, Go Red For Women is the American Heart Association’s national movement to make women aware of their risk for heart disease-the leading cause of death for women-and to empower women to make choices and take action to reduce that risk;
WHEREAS, all women should learn their own personal risk for heart disease, using tools such as the American Heart Association’s Go Red For Women Heart CheckUp, Go Red BetterU and by talking to their healthcare provider;
NOW, THEREFORE, I Jay Weeks, Mayor, in recognition of the importance of the ongoing fight against heart disease and stroke, do hereby proclaim Friday, February 5, 2010 to be
“National Wear Red Day for Women”
in Lebanon Township and urge all citizens to “go red” for the day and wear red on February e, 2010 to call attention to the magnitude of cardiovascular disease in women, and as a show of support to fight it, as well as in recognition of family, friends and neighbors who have suffered from cardiovascular disease. By increasing awareness of the risk factors for this devastating disease and taking actions to reduce them, we can save thousands of lives each year.
Resolution No.
22-2010 - Transfers
Motion by Mr. Morrison, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 22-2010. (as written below)
RESOLUTION No.
22-2010
SUPPLEMENTAL RESOLUTION CONCERNING
THE SUBMISSION OF A PETITION FOR PLAN
CONFORMANCE
TO THE
FOR LAND IN THE PRESERVATION AREA AND IN THE
PLANNING AREA
WHEREAS, on December 1, 2009 the Lebanon Township Planning Board
held a public meeting concerning the Highlands Master Plan Element for the
Township at which Board members and the public provided comments; and
WHEREAS, at the conclusion of the public meeting the Planning Board
voted 5-2 to recommend to the Township Committee that the Committee not submit
a Petition for Plan Conformance to the Highlands Council; and
WHEREAS, the comments from the Planning Board that preceded the vote
included the following: there are
inconsistencies in the Highlands Regional Master Plan (RMP); the development
standards preclude development and will affect the viability of home occupations;
conformance with the RMP will or will not result in lawsuits at the local
level; the system is a bureaucratic nightmare; the stormwater
rules compound the difficulty of providing development; the
future of the community may be affected by the lack of new development; and,
the Highlands Act and RMP are a reality that the Township should deal with.
WHEREAS, the comments from the public at the Planning Board public
meeting on December 1, 2009 included the following: the maintenance requirements for septic
systems are onerous; the loss of development potential negatively affects large
landowners who have kept their land open; conformance with the RMP will result
in lawsuits at the local level; the dual appraisal process should be retained;
open space and agricultural protection funding by the State should be targeted
to the Highlands; the Act is corrupt; municipalities will become the “bad guy”;
properties have been down-zoned over the years to protect the Highlands
resources; and, the Highlands Area is not a wilderness.
WHEREAS, at the Township Committee meeting on December 2, 2009 the
Committee voted 3-0 to submit a Petition for Plan Conformance to the Highlands
Council; and
WHEREAS, at the Township Committee meeting on December 2, 2009 the
Committee asked for public comment, which included the following: the Act is unconstitutional; once the zoning
laws are changed the legal obligation becomes the municipality’s; the
Township’s Resolution should include language concerning dual appraisals,
dedicated funding and a workable Transfer of Development Rights (TDR) program;
farmers and family investments are being punished with no compensation; the
Preservation Area boundary and its scientific rationale; Hunterdon County voted
against a submission; the Highlands Act was an exercise in crass political power;
Council on Affordable Housing (COAH) protection may be illusory; the Highlands
Act did not consider the fiscal impact to municipalities, particularly if all
people are paid for the loss in value; private landowners’ property was
confiscated; the administrative burden; the Township should not be developed,
and resource management standards will accomplish the limitation on development
without drastic density limitations; changes at the Department of Environmental
Protection (DEP) and to the Highlands Council membership will occur with the
new Governor; and, the entire Township will be affected; and
WHEREAS, at the conclusion of the December 2, 2009 Township
Committee meeting the Committee indicated that this Resolution should be
prepared to incorporate the comments of the Planning Board and Township
Committee;
NOW,
THEREFORE BE IT RESOLVED, that the
Township Committee of Lebanon Township makes the following recommendations:
1.
The Highlands Council
should work with the DEP to review the density standards for the Preservation Area in order to have the DEP
standards reflect the standards developed by the Highlands Council.
2.
The RMP should be
reviewed for any inconsistencies.
3.
The Highlands Council
should examine the potential fiscal impact to municipalities resulting from the
potential loss of value, and municipalities should be compensated for any loss
of value.
4.
The Highlands Council
should encourage the DEP to streamline its
development
review procedures for lands in the Preservation Area so that application review
does not take an inordinate amount of time.
5.
The Highlands Council
should encourage the Legislature to reinstate the dual appraisal process.
6.
Funding for open space
and agricultural preservation in the
7.
A viable Transfer of
Development Rights program should be developed by the Highlands Council.
OLD BUSINESS
Architect Keith Chambers and Attorney Eric Bernstein sent correspondence to the Township Committee stating that Finne Building & Investment, Inc. is the lowest responsible bidder for the DPW Garage project and recommended that the contract be awarded to them.
Motion by Mr. Piazza, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee awarded the DPW Garage Project to Finne Building & Investment, Inc. in the amount of $1,839,500.00 and for the Add alternate A1-A for $155,000.00 and the Add Alternate D1 for $55,000.00 for a total contract amount of $2,089,500.00.
Bunnvale Library
Heating System-Award Bid
Township Engineer Steve Risse and Attorney Eric Bernstein sent correspondence to the Township Committee stating that Mechanical Preservation Associates, Inc. is the lowest responsible bidder for the Bunnvale Library Heating project.
Motion by Ms. Schriver, seconded by Mr. Wunder and carried by unanimous favorable roll call vote, the Township Committee awarded the Bunnvale Library Heating System project to Mechanical Preservation Associates, Inc in the amount of $34,990.00, subject to certification of funds.
Award Bids for
Surplus Equipment
Motion by Mr. Piazza, seconded by Mr. Morrison and
carried by unanimous favorable roll call vote, the Township Committee awarded the bid to Jersey One Auto
Sales for the Kubota Tractor at $1,909.00 and the Toro Groundsmaster Mower for
$1550.00.
Motion by Ms. Schriver, seconded by Mr. Piazza and
carried by unanimous favorable roll call vote, the Township Committee
authorized the Clerk to notify the Hunterdon County Freeholders of their
interest in participating in the Proposed County Recycling Plan.
Motion by Mr. Piazza, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee scheduled two (2) budget meetings to be held on February 15, 2010 at 6:00 p.m. and February 17, 2010 at 5:00 p.m., prior to the regular Township Committee meeting.
Peter Schroder – Farm
Preservation
Matter held to a later meeting at the request of Mr. Schroder.
Recommendations to
Appoint Recreation Commission Members
Motion by Ms. Schriver, seconded by Mr. Wunder and
carried by unanimous favorable roll call vote, the Township Committee appointed Andrew Li and Pamela Schell to the
Recreation Commission. Andrew will fill
the 1 year unexpired term of Karen Newman and Pamela Schell is appointed to a
three year term.
NEW BUSINESS
Approve Interlocal
Services Agreement – Uniform Construction Code Services
Authorize the Mayor
and Clerk to Sign
Motion by Mr. Piazza, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved an Agreement pursuant to the Interlocal Services Act NJSA52:27D-119 ET SEQ., for the provision of State Uniform Construction Code Enforcement Services by the Township of Tewksbury to the Borough of Califon and the Township of Lebanon for four (4) years.
Shelly and
Mr. and Mrs. Rich
Baluta were present at the meeting to discuss their concerns with speeding on
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved the January 20, 2010 bill list in the amount of $131,479.02.
CORRESPONDENCE
a. Tax Collector’s Report for the Month of December 2009
b. Tax Collector’s Annual Report
c. Township Historians December 3, 2009 Meeting Minutes
PUBLIC COMMENTS
Motion by Mr. Piazza, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee opened the Public Comment portion of the meeting.
Ms. Nancy Darois
commented on the speed limits in the Township and the fact that it is very
difficult to control speeders. She
stated that
Mr. Ron Milkowski
asked the Committee why they did not decide to leave out the alternatives on
the garage project to keep the project costs down. Mr. Milkowski also inquired on what the cost
will be to heat the truck bays.
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee closed the Public Comment portion of the meeting.
EXECUTIVE SESSION
Motion by Ms. Schriver, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved Resolution No. 23-2010 and convened in executive session at 7:55 p.m. Action may be taken at the end of the meeting.
RESOLUTION NO. 23-2010
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Personnel – DPW Assistant Supervisor
Treasurer
Litigation
– Hyland v.
Tilcon
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee reconvened the Regular Committee meeting at 9:50 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
two candidates for the position of DPW Assistant Supervisor, as well as the DPW
Supervisor. There was discussion with
members of the Lebanon Township First Aid Squad relative to a matter involving
the squad. There was an update provided
by the Township Attorney relative to two (2) pending litigation matters
involving the Township. No formal action is going to be taken relative to the
Squad other than what has been discussed with the liaison and Clerk to present
to the Squad. No action needs to be taken relative to the litigation
matters. There is a personnel matter
which the Clerk has been authorized by the Committee to start advertising. Action needs to be taken relative to the
appointment of a new DPW Assistant Supervisor to replace Warren Gabriel who is
now the DPW Supervisor.
Motion by Ms. Schriver,
seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee appointed Mr. Kevin
Rivers as Assistant DPW Supervisor at a salary to be determined by the Mayor,
the Clerk and the CWA.
Having no further business to come before the Committee a motion was made by Ms. Schriver, seconded by Mayor Weeks and carried by unanimous favorable roll call vote to adjourn the meeting at 9:52 p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved: February 3, 2010 ___________________________
Jay D. Weeks, Mayor