January 21, 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 Jay Weeks George Piazza
Ed Post Francis Morrison
Absent
Also Present - Attorney Eric Bernstein and Clerk Karen Sandorse and 10 members of the public.
Motion by Mr. Piazza, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved minutes of the Regular Meeting of December 17, 2008.
Motion by Mr. Morrison, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved minutes of the Executive Session of December 17, 2008.
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved minutes of the Reorganization Meeting of January 7, 2009.
ORDINANCES
Public Hearing
Ordinance No. 2009-
01 - CAP BANK
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2009-01 was opened.
Hearing no comments from the public, the public hearing was closed on a motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote.
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2009-01 as written below.
STATE OF NEW
ORDINANCE NO. 2009-01
CALENDAR YEAR 2009
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 CY2009 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 $34,663.91 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 2009 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 $121,323.69, and that the CY2009 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.
PROCLAMATION –
National Wear Red Day for Women
Motion by Mr. Morrison, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee proclaimed Friday, February 6, 2009 as 2009 National Wear Red Day for Woman as stated below.
STATE OF NEW
2009 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 460,000 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 32,500 more females that males die from a stroke;
WHEREAS, in 2008 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, only 13 percent of women consider cardiovascular disease their greatest health risk;
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 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 and by talking to their healthcare provider;
NOW, THEREFORE, I Patricia Schriver, Mayor, in recognition of the importance of the ongoing fight against heart disease and stroke, do hereby proclaim Friday, February 6, 2009 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 6, 2009 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.
IN TESTOMONY WHEREOF, I have
hereunto set my hand and cause to be affixed the Seal of the
Resolution No.
26-2009 - Transfers
Motion by Mr. Morrison, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 26-2009. (as written below)
STATE OF NEW
RESOLUTION NO. 26-2009
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WHEREAS, various 2008 bills have been presented for payment this year, which bills |
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were not covered by order number and/or recorded at the time of transfers between the |
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2008 Budget Appropriation Reserve in the last two months of 2008; and |
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WHEREAS, N.J.S.A. 40A:4-59 provides that all unexpended balances carried forward |
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after the close of the year are available, until lapsed at the close of the succeeding year, to |
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meet specific claims, commitments or contracts incurred during the preceding fiscal year, |
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and allow transfers to be made from unexpended balances which are expected to be |
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insufficient during the first three months of the succeeding year; |
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COMMITTEE OF THE |
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following transfers in the amount of $44,420.06 be made between the 2008 Budget |
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Appropriation Reserves as follows: |
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ACCOUNT NAME |
FROM |
TO |
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Municipal Clerk s/w |
152.51 |
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Finance s/w |
77.59 |
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Police Department s/w |
14,665.58 |
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Road Department s/w |
4,793.39 |
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Recyling o/e |
6,000.00 |
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Recreation o/e |
3,000.00 |
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Social Security o/e |
1,037.84 |
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Tax Collection s/w |
226.16 |
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Historic o/e |
1,500.00 |
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Zoning o/e |
500.00 |
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Museum s/w |
1,426.27 |
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General Liability |
478.25 |
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Dog o/e |
392.57 |
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Emergency Management s/w |
150.00 |
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Emergency Management o/e |
1,500.00 |
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Uniform Fire Safety o/e |
500.00 |
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Environmental o/e |
750.00 |
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Senior Citizen o/e |
4,000.00 |
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Library |
3,500.00 |
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Fuel Oil/Gasoline |
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11,081.02 |
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Electricity |
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2,146.12 |
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Street Lighting |
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456.95 |
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Snow Removal o/e |
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19,818.76 |
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Legal o/e |
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1,000.00 |
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Underground Tank Remediation |
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9,319.87 |
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Group Health Insurance |
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597.34 |
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1/21/2009 |
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44,420.06 |
44,420.06 |
OLD BUSINESS
Speed/Traffic Survey Rocky
Mayor Schriver
stated that, at the Township Committee’s request, Police Chief Mattson had a
Traffic Survey performed on
Mr. Bernstein stated
that there were two bids received for the proposed
Motion by Mr. Piazza, seconded by Mr. Post and carried by
unanimous favorable roll call vote,
the Township Committee rejected all
bids submitted for the Cell Tower and approved the advertising for new
bids.
Attorney Bernstein
stated that he would like two Committeemen to work with his office to deal with
the issues he raised in his memo to the Committee and to other items raised in
the bid exceptions. Mr. Piazza and Mr.
Post will work with Mr. Bernstein to prepare a new document for the Committees
review
Tax Collector Mary Hyland – Personnel Matter
Mary had requested
to meet with the Committee to discuss a personnel matter. Mary was issued a
Rice Notice and has requested that this discussion be held during the public
portion of the meeting as opposed to closed session.
Attorney Bernstein
reminded the Governing Body that there is an ongoing litigation between this
Municipality and Mary and advised that the Committee not comment or respond to
any statements made.
Mary stated that she
was present to receive some clarification from the October 15, 2008
meeting. She said that it was stated at
that meeting that a policy was going to be developed and that she is waiting
for a copy of it so that there will be no further misunderstandings. Mary stated that she was told at the October
meeting that she would no longer be paid for holidays and since that time she
has been given verbal instructions that she would be paid for holidays except
for her Monday holidays. Because it was never the Committee’s intent to give a
Monday worker, Monday holidays. Mary
said that she went to her other employer and requested to change her work days
so she could work with the Township Committee.
Her other employer agreed with the change if it was so the desire of
this Committee. Mary stated that she was present at this meeting to see if it
was the desire of the Committee for her to change her days from Monday to
Friday.
Mayor Schriver asked
Attorney Bernstein if it would be acceptable to address the day change with
Mary. Mr. Bernstein stated that if Mary
is requesting a change of her work day to a Friday and is not going to contest
it, if the Committee does so, the Committee can consider such. However, that is the only item he would
suggest being discussed at this time. Mr. Post stated that he would need more
information from Mr. Bernstein before moving forward with this request. Mr. Bernstein stated that since Mary has requested
that this discussion take place during the public meeting and not in closed
session, he will provide an opinion letter to the Committee. Mr. Bernstein stated that pending his advice,
the Committee will take no action on this request until a later time.
Mary stated that she
would note that Article 34 states that all employees are entitled to Mondays.
As it stands now she would have been entitled to the Monday holiday, which she
worked from 8:00 a.m. to 4:30 p.m. Mary
stated that it is her desire to work with the Committee and requested that the
Committee honor her hiring resolution.
Warren Newman – Trail
Networking
EOC Chairman Warren Newman
stated that during the last Environmental Commission meeting, John Trontis, the
Director of the County Department of Parks and Recreation and two of his staff
members were present along with Deputy Mayor Post. There was discussion on the
existing trails that run through the County Park System and how they might
integrate into future trails that could potentially be put on Township
property. Parking areas were discussed; one being on the existing Township property
that backs up to Michwin Woods, the Goracy property appears to be the connector
between Woodglen Road and backs up to Michwin. The other location is on
Mayor Schriver asked if the
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee authorized the Township Engineer to spend an hour or two, no more, on a consultative basis to provide some guidance on what permitting is required for the parking areas, as a first step.
The Township dinner will be held on either March 28, 2009 or April 4, 2009 at the Bloomsbury Fire House. The preference is April 4, 2009.
Schedule Budget
Meeting
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee scheduled Budget Work Sessions for February 5, 2009 at 5:00 p.m. and February 26, 2009 at 5:00 p.m. and authorized the Clerk to advertise such.
Professional Fees
Mr. Piazza stated that at the reorganization meeting the Committee received the Contracts for professional services. Two of the professionals had an increase in their fees. At the meeting a resident stated that due to economic times the professionals should not be seeking an increase and Mr. Piazza agrees with them. Mr. Piazza asked the Committee if it would be acceptable to request that the professionals to rethink their charges. The Committee agreed with Mr. Piazza. The CFO will speak to the Auditor and the Clerk will contact the Engineer.
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee authorized the CFO and Clerk to speak to the Auditor and Engineer to request billing the Township at the 2008 rates.
NEW BUSINESS
Request to Appoint an
EOS Alternate No. 2
EOS Chairman Warren Newman stated that he has received notification from Mr. Erik Henriksen expressing his interest in joining the Lebanon Township Environmental Commission.
The Committee appointed Mr. Henriksen to sit as the
Mayor Schriver appointed Mr. Erik Henriksen to the Environmental Commission as Alternate #2 and stated that she feels that he will be an excellent addition to the Commission. Mr. Newman stated that he would agree.
Salvage Yard Renewal
Motion by Mr. Piazza,
seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee
approved the renewal of salvage yard licenses to Burd Salvage.
Request to Attend Public Works Manager Courses
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved Warren Gabriel’s request to attend three PWM courses.
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Motion by Mr. Piazza, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved the January 21, 2009 bill list in the amount of $270,581.14.
CORRESPONDENCE
a. Tax Collector’s Report for the Month of December 2008
b. Tax Collector’s Annual Report
c. Township Historians December 4, 2008 Meeting Minutes
d.
e.
Dennis Murphy –
f. Municipal Revenue Restoration Act of 2008 –
(Please advise if you would like the Resolution on the next meeting agenda.)
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.
Mr. Gary Milkowski inquired the process the Township follows when sending an employee for classes.
Ms. Nancy Darois requested that the Committee look into a
sign being placed on Route 513 at
The Clerk will speak to the Police Chief and contact the County.
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. 27-2009 and convened in executive session at 8:01 p.m.
RESOLUTION NO. 27-2009
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Personnel
Finance
Attorney Client Privilege
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee reconvened the Regular Committee meeting at 9:35 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. Also present were the
Township CFO and the Township Treasurer. There was conversation with Chairman
Ralph Lomerson of the Township Historians regarding an Attorney Client
Privilege issue. Mr. Lomerson will work with the Township Treasurer to address
some outstanding issues and to insure compliance with various Township rules
and regulations. The Township also met
with the Township Rescue Squad relative to ongoing Attorney Client Privilege
issues. The Squad provided the Committee
with some information. The Committee has
asked for additional information which the Clerk, the Township Attorney, the
Deputy Mayor, the Liaison and the CFO will work together to be sure the
materials are provided. No action is to be taken on either matter.
.
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 9:37p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved: February 4, 2009 ___________________________
Patricia Schriver, Mayor