February 6, 2008
Mayor George Piazza 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 Piazza asked everyone to stand for the flag salute.
Present - George Piazza, Patricia Schriver, Francis Morrison
Absent Jay Weeks, Ed Post
Also Present - Attorney Phil George and Clerk Karen Sandorse and 10 members of the public.
Motion by Ms. Schriver, seconded by Mr. Morrison and
carried by unanimous favorable roll call vote, the Township Committee approved minutes of the Regular
Meeting of January 16, 2008.
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved minutes of the Executive Session of January 16, 2008.
ORDINANCES
Public Hearing
Ordinance No. 2008-
02 – Duties and Responsibilities of the Zoning Officer
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2008-02 was opened.
Mayor Piazza stated that a meeting was held on February 1, 2008 to introduce the new Zoning Officer to the officials and staff that he will be primarily working with and to discuss the needs and desires of the Township. Those in attendance were, Mayor Piazza, Planning Board Chairman Gary MacQueen, Zoning Board of Adjustment Chairman Bruce Terzuolo, Zoning Officer John Flemming, Flood Plain Administrator Warren Newman, Construction Code Official Charlie Rogers, Planning Board/Bd Adjustment Clerk Gail Glashoff and Township Clerk Karen Sandorse. Ordinance No. 2008-02 was presented to the Zoning Officer and he stated that he feels that it is too stringent and would limit his flexibility, which the Township is looking for. All those present at the meeting agreed that there is no need for the ordinance. Communication was a
problem in the past and John is going to be working more closely with the Boards by attending meetings. Mayor Piazza stated that John seems to know his job and we do not need rules that might possibly prohibit him from performing his duties.
Mr. Casale stated that he was informed by the Committee that this ordinance was to define the Zoning Officer’s job. Mr. Casale stated that for years there was disputes over what were the Zoning Officer’s, Construction Official’s, etc. responsibilities. Mr. Casale stated that he would rather the Committee not adopt the ordinance so it does not have to be reversed later.
Nancy Darois stated that she agrees with Mr. Casale, that the ordinance should not be adopted as there are things that have to be sorted out.
Mr. Bill Rauschenberger asked if there are any legal ramifications if the ordinance is not adopted.
The public hearing was closed on a motion by Ms. Schriver, seconded by Mr. Morrison 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 withdrew Ordinance No. 2008-02 from consideration.
STATE OF NEW
ORDINANCE NO. 2008-02
STATE OF NEW
AN ORDINANCE
ESTABLISHING THE DUTIES AND RESPONSIBILITIES OF THE
Public Hearing
Ordinance No. 2008-
03 – Background Checks for all
Applicants to the
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2008-03 was opened.
Hearing no comments from the public, the public hearing was closed on a motion by Ms. Schriver, seconded by Mr. Morrison 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. 2008-03 as written below.
ORDINANCE NO. 2008-03
STATE
OF NEW
AN ORDINANCE REVISING, AMENDING AND SUPPLEMENTINGTHE REVISED GENERAL ORDINANCES TO AUTHORIZE CRIMINAL HISTORY
BACKGROUND CHECKS FOR ALL APPLICANTS TO THE
WHEREAS,
the
WHEREAS, N.J.S.A. 40:48-1.4 authorizes a municipality to request a criminal history record background check of any person for an official government purpose; and,
WHEREAS,
the
NOW,
THEREFORE, BE IT ORDAINED by the Township Committee of the
§____-1 Membership in the
Membership in the Lebanon Township First Aid Squad shall be in accordance with this Code section and the Constitution, Rules and By-Laws of the Lebanon Township First Aid Squad, including any and all amendments to those documents. Membership shall be open to all persons who are able to perform first aid squad duties and to meet the criteria set forth in this Code Section, without discrimination on the basis of an applicant’s race, creed, color, sex, age, national origin, ancestry, marital status and/or physical handicap.
§____-2 Effect of Ordinance and Compliance with Federal and State Law
A. In the event of any inconsistency between the provisions of this Code Section and any other document related to the Lebanon Township First Aid Squad, this Code Section shall take precedence and govern over such other inconsistent document(s).
B. The Lebanon Township First Aid Squad and each member of the Lebanon Township First Aid Squad shall comply with all applicable Federal, State, County and local laws, ordinances, rules and regulations governing the operation of the Lebanon Township First Aid Squad and its members.
§_____-3 Application for Membership in the
No person shall be eligible to become a member of the Lebanon Township First Aid Squad unless such person completes the application process, including executing an Authorization and Consent to conduct a criminal history background check and submitting to being fingerprinted, as more specifically set forth below.
§____-4 Criminal History Background Check of Prospective Members
A. For purpose of this Ordinance, a “Criminal History Record Background Check” means a determination of whether a person has a criminal record by cross-referencing that person’s name and fingerprints with those on file with the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.
B. The Township requires that, as a condition of membership with the Lebanon Township First Aid Squad, all prospective members shall submit to being fingerprinted in accordance with applicable Federal, State, County and local laws, ordinances, rules and regulations, as a condition of membership with the Lebanon Township First Aid Squad.
C. As a further condition of membership with the Lebanon Township First Aid Squad, all prospective members shall authorize the Township, through its duly authorized representative, to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.
D. In order to obtain criminal history record information pursuant to this Ordinance and N.J.S.A. 40:48-1.4, the Township shall submit the fingerprint data for prospective members of the Lebanon Township First Aid Squad to the State Bureau of Identification in the Division of State Police. The State Bureau of Identification shall receive all criminal history record information from the Federal Bureau of Investigation and shall disseminate that information to the Township.
E. The Township shall conduct a criminal history record background check of a prospective member of the Lebanon Township First Aid Squad only upon receipt of the written authorization and consent to the criminal history background check from the prospective member. A form for the authorization and consent to said background check shall be provided to each prospective member along with the application for membership with the Lebanon Township First Aid Squad. Failure to submit a fully signed and witnessed written authorization and consent form shall be grounds to reject an application for membership with the Lebanon Township First Aid Squad.
F. The Township shall bear the costs associated with conducting criminal history record background checks.
G. An individual shall be disqualified from serving as a member of the Lebanon Township First Aid Squad if that prospective member’s criminal history record background check reveals a record of conviction of any of the following crimes and/or offenses:
1.
In
a)
involving danger to the person, including, but not limited to those crimes, disorderly persons offenses and petty disorderly offenses
set forth in N.J.S.A.
2C:11-1, et seq., N.J.S.A. 2C:12-1, et seq., N.J.S.A.
2C:13-1, et seq.,
N.J.S.A. 2C:14-1, et seq. and/or N.J.S.A. 2C:15-1, et
seq.;
b) against the family, children or incompetents including, but not limited to, those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1, et seq.;
c) involving arson, burglary or theft as set forth in N.J.S.A. 2C:17-1 et seq., N.J.S.A. 2C:18-1 et seq. and/or N.J.S.A. 2C:20-1 et seq.;
d) involving offenses against public administration, perjury and other falsification in official matters, obstructing governmental operations, misconduct in office and/or abuse of office as set forth in N.J.S.A. 2C:27-1 et seq., N.J.S.A. 2C:28-1 et seq., N.J.S.A. 2C:29-1 et seq. and/or N.J.S.A. 2C:30-1 et seq.;
e) involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes; or,
f) involving operation of a motor vehicle while intoxicated in violation of Chapter 4 of Title 39 of the New Jersey Statutes.
2. In any other state or jurisdiction, conduct
which, if committed in
H. All prospective members, upon receiving a conditional offer of membership with the Lebanon Township First Aid Squad, shall submit their name, address, fingerprints and written consent to the Township for the criminal history record background check to be performed. All conditional offers of membership with the Lebanon Township First Aid Squad shall be specifically subject to the prospective member passing the criminal history record background check, along with any other requirements as provided by law and/or requested by the Township.
I. Access to criminal history record background information of prospective members of the Lebanon Township First Aid Squad obtained under this Ordinance is restricted to authorized personnel of the Township on a need to know basis, as may be authorized by Federal or State statute, rule or regulation, executive order, administrative code, this ordinance and/or resolution regarding obtaining and dissemination of Criminal History Record Background information. Said employees are the Township Clerk, Police Chief, Mayor, Township Attorney and Township Labor Counsel and those other employees specifically designated in writing by the Mayor.
J. Criminal History Record Background information shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given and it shall not be disseminated to any unauthorized persons. Said records are not public records under the Open Public Records Act.
BE IT FURTHER ORDAINED that:
1. All ordinances or portions of ordinances, and all resolutions or portions of resolutions, which are inconsistent with this Ordinance, shall be repealed as to their inconsistencies only.
2. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable so that if any part, sentence, paragraph, section, or clause of this Ordinance is adjudged unconstitutional or invalidated by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
3. This Ordinance shall take effect immediately upon final passage and publication as required by law.
Introduction
Ordinance No. 2008-04 - Authorizing the Purchase of Property (Pelio)
Motion by Mr. Morrison, seconded by Ms. Schriver and carried by unanimous favorable roll call vote, the Township Committee introduced Ordnance No. 2008-04. (as entitled below)
ORDINANCE NO. 2008-04
STATE
OF NEW
AN ORDINANCE AUTHORIZING THE PURCHASE OF
PROPERTY PURSUANT TO N.J.S.A. 40A:12-4
Public Hearing to be held on February 20, 2008.
Resolution No. 25-2008
– Budget Transfers
Motion by Mr. Morrison, seconded by Ms. Schriver and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 25-2008. (as written below)
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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 $2000.00 be made between the 2007 Budget |
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Appropriation Reserves as follows: |
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ACCOUNT # |
ACCOUNT NAME |
FROM |
TO |
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7-01-26-290-011 |
Roads s/w |
2,000.00 |
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7-01-23-220-286 |
Insurance |
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2,000.00 |
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2,000.00 |
2,000.00 |
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Resolution No. 26-2008 – Professional Service Appointment
Motion by Mr. Morrison, seconded by Ms. Schriver and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 26-2008. (as written below)
RESOLUTION NO. 26-2008
PROFESSIONAL SERVICE
APPOINTMENTS
WHEREAS, there exists a need
for Attorneys, Engineers, and Professional Experts for the
WHEREAS, the Local Public
Contracts Law (N.J.S. A. 40A:11-1 et seq.) required that the resolution authorizing
the award of contracts for “Professional Services” without competitive bids
must be publicly advertised; and
WHEREAS, the Mayor, Township
Clerk and Chief Financial Officer are hereby authorized and directed to execute
the agreements; and
WHEREAS sufficient funds are
available in the 2008 Temporary Budget and will be made available in the 2008
Municipal Budget for the Township of Lebanon for such services.
NOW THEREFORE, BE IT
RESOLVED by the Township Committee of the
1.
Mary Mott, is hereby appointed Lebanon Township Alternate Municipal
Prosecutor for the year 2008.
Resolution No. 27-2008 – Open Space Trust Fund Grants
Program
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 27-2008. (as written below)
WHEREAS, the Hunterdon County Board of Chosen Freeholders has approved an Open Space Trust Fund and established a Municipal Grants program to provide Program Funds in connection with municipal acquisition of lands for recreation, conservation and general open space purposes, farmland preservation, preparation of plan elements of a municipal Master Plan and /or restoration of county-owned historic facilities, and
WHEREAS, the Governing Body of Lebanon Township desires to obtain Open Space Trust Funds in the amount of $47,513.39 to fund the following project: Open Space Acquisition/Pelio.
NOW THEREFORE the Governing Body resolves that:
1. Karen
J. Sandorse is authorized to: (a) make an application to the
2. If the County of Hunterdon determines that the application is complete and in conformance with the Hunterdon County Open Space, Farmland and Historic Preservation Trust Fund Plan and the Polices and Procedures Manual for the Municipal Grants Program adopted thereto, the municipality is willing to use the approved Open Space Trust Funds in accordance with such adopted policies and procedures, and applicable state and local government rules, regulations and statutes thereto.
3. Mayor George Piazza is hereby authorized to sign and execute any required
documents and agreements with the
Open Space Trust Funds.
Resolution No. 28-2008 – Bond Anticipation Note
Motion by Mr. Morrison, seconded by Ms. Schriver and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 28-2008. (as attached)
Resolution No. 29A-2008 –
Municipal Court Agreement
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 29A-2008. (as written below)
RESOLUTION 29A-2008
STATE OF NEW
WHEREAS, the
WHEREAS, the Joint Municipal Court Committee has negotiated a favorable lease payment arrangement for space for the operations of the Joint Municipal Court; and,
WHEREAS, the Township Committee has determined to authorize the leasing of space as negotiated by the Joint Municipal Court Committee.
NOW, THEREFORE,
BE IT RESOLVED by the Township Committee of the
Resolution No. 30-2008 – Approving the Zoning Officer’s
Contract
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 30-2008. (as written below)
RESOLUTION 30-2008
STATE OF NEW
WHEREAS, the
WHEREAS, the Township Committee has negotiated a change in terms of the said contract to expand services and availability of Zoning Officer Services to the public; and,
WHEREAS, the Zoning Officer has accepted the change in terms; and,
WHEREAS, sufficient funds are available in the 2008 Temporary Budget and will be made available in the 2008 Municipal Budget for the Township of Lebanon for such services.
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the
OLD BUSINESS
DPW Garage
Mayor
Piazza stated that he met with Paul Jones and Ed Cooke from the DEP. The
Township is looking into putting a new garage at the DPW site. Before the Township can even begin digging we
must touch base with all the right people.
The DEP was the first contacted. Mr. Cooke walked the site and said that
he sees no problem with what the Township Committee is looking to do at the
site. A DEP permit will need to be
applied for, which Mr. Cooke is looking into. Mr. Cooke stated that if the DEP
sends a representative out, he will work with him to explain that the Township
is just removing one building and replacing it with another. There is no increase in impervious coverage
as the existing building is already on black top. Mayor Piazza sees this as a
good move forward. The Township Engineer
is getting his plan together as soon as possible as there is a waiting line for
approvals at the DEP.
Mayor
Piazza stated that the home on the property is falling down. A meeting was held and the homeowner agreed
that the house is a problem and agreed to have the DPW push it over to reduce
any risk. The owner stated that he could
afford to clean up the property once the home is demolished.
NEW BUSINESS
Maria Sydor – Request
for Placement of Trailer
Resolution No.
31-2008
Maria Sydor attended the meeting to request the placement of a residential trailer on her property during the time that extensive construction will be done on her home. The entire back of the house will be removed. The trailer will be placed next to the barn and away from all construction. The property is remote and will not interfere with neighbors views.
Township Codes state that approval can be given for three months, and at which time, if necessary, the applicant can request an extension on the approval. Ms. Sydor was informed that she must submit a letter to the Township Committee stating the status of the project and a request for an additional 90 days approval.
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 31-2008. (as written below)
RESOLUTION 31-2008
STATE OF NEW
WHEREAS,
the
WHEREAS, the placement of temporary housing trailers is permitted under applicable state building codes upon certain conditions; and,
WHEREAS, §344-16 of the Ordinances of the Township of Lebanon permits the location of temporary housing trailers for a period of up to ninety (90) days upon a showing of hardship; and,
WHEREAS, Maria Sydor has made application for location of a temporary housing trailer upon property in the Township known as Block 41, Lot 2.05, commonly known as 361 Vernoy Road, Lebanon Township, New Jersey due to the need for reconstruction which will temporarily render the primary residence on the property temporarily uninhabitable; and,
WHEREAS, the application demonstrates that placement of a temporary housing trailer upon the said property is required by a hardship and will not be injurious to the health, safety or welfare of residents of the Township.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Lebanon, County of Hunterdon, State of New Jersey that Maria Sydor is permitted to locate a temporary housing trailer upon property in the Township known as Block 41, Lot 2.05, commonly known as 361 Vernoy Road, Lebanon Township, New Jersey for a period of up to ninety (90) days, which may be renewed upon a showing of continuing hardship, and subject to issuance of permit(s) as required by the Township’s Construction Officer.
Approve COAH
Objection Letter/Authorize Mayor to Sign
Clinton Township Mayor Nick Corcodilos contacted Mr. Post to ask for the Township’s support in approving a letter he drafted stating opposition to the 3rd Round COAH and authorizing Mayor Piazza to sign. Mayor Corcodilos is seeking the support of all local municipalities. The Township Committee approved the request.
Approve Voorhees
Municipal
Resolution No. 32-2008
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 31-2008. (as written below)
RESOLUTION 32-2008
STATE OF NEW
WHEREAS, the
WHEREAS, the
WHEREAS, the
NOW, THEREFORE, BE
IT RESOLVED by the Township Committee of the
Select Wireless LLC –
Communications Site Lease Agreement
Select Wireless sent a letter to the Township Committee requesting their consideration in the placement of a cell tower on municipal property in the Bunnvale section of the Township. The Committee stated that it would be nice for the Township to have a cell tower; however they are not sure of where it would be appropriately placed.
The Mayor will ask Select Wireless to be in attendance at the next meeting to discuss their proposal.
Approve Blue Light
Permit Application – William Rauschenberger
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote the Township Committee approved a Blue Light Permit Application for William Rauschenberger
Warren Newman, Chairman of the Open Space/Environmental
Committee, received a call from
SADC –
The SADC will be acquiring the Tucker Farm on
Approve TRC Contract
– Authorize Mayor to Sign
Motion by Ms. Schriver, seconded by Mr. Morrison and
carried by unanimous favorable roll call vote the Township Committee approved the TRC Contract for the
2008 and authorized the Mayor and Clerk to sign.
CORRESPONDENCE
Mrs. Peggy Evans – Judy Dunlap
Ms. Roberta Salamone – Judy Dunlap
Hunterdon County Municipal Officer’s Assoc. Meeting – March 31, 2008
(Please respond to Clerk no later than March 12, 2008)
PUBLIC COMMENTS
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee opened the Public Comment portion of the meeting.
Mr. Casale inquired on the status of the
Mr. Gerlich stated that he and the Township Engineer went through the technical part of the bid package and they both feel that it is ok and was sent to the Township Attorney’s office for legal review. He is in attendance at the meeting to see if Attorney Bernstein found the package to be acceptable and if there was a date in which it can go out for bid. Attorney George stated that on Monday it was assigned to be put it into a bid specification with all the proper bid specs and Mr. Bernstein should review it either tomorrow or Friday. Mr. Gerlich stated that the Engineer and Paul Jones tightened the language in the specifications for better understanding.
Mr. Casale asked what the status is of the cell tower application that was before the Board of Adjustment on Route 513.
Sandra Rauschenberger Nell asked if anyone is paying taxes
on the
Ms. Rauschenberger Nell informed the Committee of an issue
relative to billing for HIB shots for the LTFAS through Charlestown Medical.
Ms. Rauschenberger Nell inquired on the control of the feral cat population in
the Township and at
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.
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote the Township Committee approved the February 6, 2008 bill list in the amount of $1,195,343.17.
EXECUTIVE SESSION
Motion by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved Resolution No. 29-2008 and convened in executive session.
RESOLUTION NO. 29-2008
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Personnel Matters
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 9:46 p.m.
Attorney George stated that two personnel matters were brought up during the closed session. The first was the resignation of a LTFAS member being presented to the Mayor and Committee which was the request of the individual to be done in closed session. The second matter was the lack of personnel coverage in the library due to vacation and illness. This discussion will be continued at a later meeting due the matter falling under the benefits and schedules of the collective bargaining agreement. A Rice Notice will be issued. Also discussed was the status of the referrals of Attorney Bernstein’s study of the LTFAS.
Motion by Ms. Schriver,
seconded by Mr. Morrison and carried by unanimous favorable roll call vote,
the Township Committee authorized the
Clerk to follow through with the purchase of the equipment to bring the sound
system up to date.
Having no further business to come before the Committee, a motion was made by Ms. Schriver, seconded by Mr. Morrison and carried by unanimous favorable roll call vote to adjourn the meeting at 9:58 p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved: February 20, 2008 ___________________________
George Piazza, Mayor