June 3, 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 Phil George and Clerk Karen Sandorse and 10 members of the public.
Motion by Mr. Morrison, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved minutes of the Regular Meeting of May 20, 2009.
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved minutes of the Executive Session of May 20, 2009.
2008 MUNICIPAL
AUDIT
Resolution No.
50-2009 - Acceptance of the 2008
Municipal Audit
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 50-2009 as written below.
STATE OF NEW
RESOLUTION NO. 50-2009
GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT
WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local
unit to have made an annual audit of its books, accounts and financial
transactions, and
WHEREAS, the Annual Report of Audit for the year 2008 has been filed by
a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A.
40A:5-6, and a copy has been received by each member of the governing body;
and,
WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the
State of
WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations, and,
WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and,
WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and,
WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and
WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit:
R.S.
52:27BB-52: A local officer or member of a local governing body who, after a
date fixed for compliance, fails or refuses to obey an order of the director
(Director of Local Government Services), under the provisions of this Article,
shall be guilty of a misdemeanor and, upon conviction, may be fined not more
than one thousand dollars ($1,000.00) or imprisoned for not more than one year,
or both, in addition shall forfeit his office.
NOW, THEREFORE BE IT RESOLVED, That the Township Committee of the Township of Lebanon, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
2009 BUDGET ADOPTION
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 51-2009 (as written below.)
ADOPT 2009
MUNICIPAL BUDGET
WHEREAS, the 2009 Lebanon Township
Municipal Budget was introduced and approved on the 1st day of April, 2009; and
WHEREAS, the 2009 Lebanon Township Municipal Budget
was advertised in the “Hunterdon Review” in the issue of April 22nd; and
WHEREAS, the public hearing on said Budget was held
on May 6, 2009; and
WHEREAS, the approved 2009 Lebanon
Township Municipal Budget has been filed with the Director of the Department of
Local Government Services;
NOW, THEREFORE, BE IT RESOLVED, on this 3rd day of
June 2009, by the Mayor and Township Committee of the Township of Lebanon, that
the budget as set forth is hereby adopted and shall constitute appropriations
for the purposes stated of the sum set forth as appropriated.
PROCLAMATIONS
Motion by Mr. Piazza, seconded by Mr. Post and carried by
unanimous favorable roll call vote,
the Township Committee endorsed the following proclamations with pleasure.
TO DAN ANGRI
FOR RECEIVING THE EAGLE SCOUT AWARD
WHEREAS, the
conferring of an Eagle Scout is one of the highest awards that can be bestowed
upon a Boy Scout; and
WHEREAS,
such award is an earned award in that the recipient must perform and
successfully complete and pass the rigid requirements exacted to achieve an
Eagle Scout Award; and
WHEREAS, Dan
Angri, Boy Scouts of America, Troop 92, attained the designation of “Eagle
Scout”; and
WHEREAS, Dan Angri is to
be commended for his Eagle Scout Service Project, which was the construction of
an 8’ x 12’ storage shed, located on the outskirts of the Hampton School
baseball field; and
WHEREAS, the shed will be
utilized by the Hampton Recreation Association; and
WHEREAS, Dan Angri will
be honored and receive his award at an Eagle Court of Honor Recognition
Ceremony on June 20, 2009; and
WHEREAS, the
Lebanon Township Committee wishes to recognize this noteworthy achievement of Dan Angri.
NOW,
THEREFORE, BE IT RESOLVED that the Mayor and Township Committee of the
TO BEN CASALE
FOR RECEIVING THE EAGLE SCOUT AWARD
WHEREAS, the
conferring of an Eagle Scout is one of the highest awards that can be bestowed
upon a Boy Scout; and
WHEREAS,
such award is an earned award in that the recipient must perform and
successfully complete and pass the rigid requirements exacted to achieve an
Eagle Scout Award; and
WHEREAS, Ben
Casale, Boy Scouts of America, Troop 92, attained the designation of “Eagle
Scout”; and
WHEREAS, Ben Casale is to
be commended for his Eagle Scout Service Project, which was to
reconstruct/renovate an emergency exit path and
to restore an outdoor area, which included either refurbishing or replacing
wooden benches at the Valley View Elementary School; and
WHEREAS, the emergency
path is utilized by the school for drills and actual emergencies and the
outdoor area is used as a classroom for the students as well as a portion of a
nature trail to be enjoyed by the community; and
WHEREAS, Ben Casale will
be honored and receive his award at an Eagle Court of Honor Recognition
Ceremony on June 20, 2009; and
WHEREAS, the
Lebanon Township Committee wishes to recognize this noteworthy achievement of Ben Casale.
NOW,
THEREFORE, BE IT RESOLVED that the Mayor and Township Committee of the
TO RON GARDNER
FOR RECEIVING THE EAGLE SCOUT AWARD
WHEREAS, the
conferring of an Eagle Scout is one of the highest awards that can be bestowed
upon a Boy Scout; and
WHEREAS,
such award is an earned award in that the recipient must perform and successfully
complete and pass the rigid requirements exacted to achieve an Eagle Scout
Award; and
WHEREAS, Ron
Gardner, Boy Scouts of America, Troop 92, attained the designation of “Eagle
Scout”; and
WHEREAS, Ron Gardner is
to be commended for his Eagle Scout Service Project, which involved building an
outdoor classroom with a surrounding garden to attract birds and butterflies at
the Hampton School in Hampton, NJ; and
WHEREAS, Ron also built a
wooden podium and six wooden benches and there is a space for a planting garden
for the school children’s use as well as a bird bath, feeders and houses; and
WHEREAS, Ron Gardner will
be honored and receive his award at an Eagle Court of Honor Recognition
Ceremony on June 20, 2009; and
WHEREAS, the
Lebanon Township Committee wishes to recognize this noteworthy achievement of Ron Gardner.
NOW,
THEREFORE, BE IT RESOLVED that the Mayor and Township Committee of the
TO ERIC MORAN
FOR RECEIVING THE EAGLE SCOUT AWARD
WHEREAS, the
conferring of an Eagle Scout is one of the highest awards that can be bestowed
upon a Boy Scout; and
WHEREAS,
such award is an earned award in that the recipient must perform and
successfully complete and pass the rigid requirements exacted to achieve an
Eagle Scout Award; and
WHEREAS, Eric
Moran, Boy Scouts of America, Troop 92, attained the designation of “Eagle
Scout”; and
WHEREAS, Eric Moran is to
be commended for his Eagle Scout Service Project, which was the conversion of a
church basement storage room into a food pantry, which required the discarding
of junk thoroughly cleaning of the room; studs and tracks were installed and new
walls were built.; and
WHEREAS, Eric also
installed shelving for the storage of food and supplies and stocked the shelves
so the pantry could be used immediately; and
WHEREAS, Eric Moran will
be honored and receive his award at an Eagle Court of Honor Recognition
Ceremony on June 20, 2009; and
WHEREAS, the
Lebanon Township Committee wishes to recognize this noteworthy achievement of Eric Moran.
NOW,
THEREFORE, BE IT RESOLVED that the Mayor and Township Committee of the
Resolution No. 52-2009 – EMT Training Fund
Reallocation
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No 52-2009. (as written below)
STATE OF NEW
RESOLUTION
OPPOSING GOVERNOR CORZINE’S
REALLOCATION OF
FUNDS FROM THE EMT TRAINING FUND
TO THE GENERAL
TREASURY
WHEREAS, Governor John Corzine has proposed a Four Million Dollar ($4,000,000) “reallocation” of funds from the EMT Training Fund to the New Jersey General Treasury for the 2010 fiscal year; and,
WHEREAS, the Township Committee of the Township of Lebanon believes that taking funds from the EMT Training Fund would place an undue burden on emergency squads and the municipalities they serve, which already have limited resources, may affect the health and safety of New Jersey residents and may have many other long-term negative consequences; and,
WHEREAS, the Township of Lebanon opposes this “reallocation” of funds from the EMT Training Fund to the New Jersey General Treasury.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Lebanon, County of Hunterdon, State of New Jersey, that the Township of Lebanon hereby expresses its opposition to Governor Corzine’s proposed “reallocation” of funds from the EMT Training Fund to the New Jersey General Treasury for fiscal year 2010; and,
BE
IT FURTHER RESOLVED that the Township Clerk is authorized to forward a copy of
this Resolution to the New Jersey League of Municipalities on behalf of the
Resolution No. 53-2009 – Renewal of Plenary Retail Consumption Licensees
Motion by Mr. Piazza, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No 53-2009. (as written below)
RESOLUTION NO. 53-2009
RESOLUTION RENEWING PLENARY
RETAIL CONSUMPTION LICENSES
WHEREAS, each of the listed Plenary Retail Consumption Licensees have submitted application forms that have been completed in all respects; and
WHEREAS, the applicants are qualified to be licensed according to all statutory, regulatory and local government ABC Laws and regulations; and
WHEREAS, each have paid a filing
fee of $200.00 to the State of
NOW, THEREFORE BE IT RESOLVED, by
the Township Committee of the
1019-33-002-005 ONOROSA INC. 282 Route 513
1019-33-003-004 RADGNA, L.L.C. 2012 Route 31
1019-22-007-001 LEDYARD B. SCHUYLER, JR - RIVER STYX
Resolution No. 54-2009 – Renewal of Plenary Retail
Distribution License
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No 54-2009. (as written below)
RESOLUTION NO. 54-2009
RESOLUTION RENEWING A PLENARY
RETAIL DISTRIBUTION LICENSE
WHEREAS, the listed Plenary Retail Distribution License has submitted an application form that has been completed in all respects; and
WHEREAS, the applicant is qualified to be licensed according to all statutory, regulatory and local government ABC Laws and regulations; and
WHEREAS, the applicant has paid a
filing fee of $200.00 to the State of
NOW, THEREFORE BE IT RESOLVED, by
the Township Committee of the
1019-44-008-002
The Rock Corp. of
425 Route 513,
Resolution No. 55-2009 – Redemption of Tax
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No 55-2009. (as written below)
STATE
OF NEW
RESOLUTION NO. 55-2009
REDEMPTION OF TAX
WHEREAS the Tax Collector did sell a Tax Sale Certificate #200811 on October 22, 2008 to US Bank Custodian for Phoenix Funding Inc and,
WHEREAS the amount of $28,180.02 has been collected from First Hope Bank for Jess Symonds, the owner of the property, known as Block 59, Lot 31, 139 Mountain Top Road, Lebanon Township for the redemption of Tax Sale Certificate #200811, and
WHEREAS there had also been a Premium paid in the amount of $2,500.00 for this Certificate #200811 by US Bank Custodian for Phoenix Funding Inc,
THEREFORE BE IT RESOLVED that the Treasurer be authorized to prepare and the Mayor, Treasurer and Clerk be authorized to sign checks in the amounts of $28,180.02 and $2,500.00 and that these checks be mailed to:
US Bank As Custodian For:
Attn: Tax Lien Servicing Group
2 Liberty Place-TLSG
OLD BUSINESS
Approve Fire Station
No. 1 Remedial Action Report No. 16.
Held for the Closed Session.
Police Chief’s
Request to Proceed with Office Renovations
Mayor Schriver stated that the Police Chief is requesting the release of capital funds to proceed with the police office renovations as discussed in the budget worksessions. The construction is to provide more space for the Department. The cost of the renovations is $9700.00.
Motion by Mr. Morrison, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee authorized the Police Chief to proceed with the Police Office renovations.
Replacement of Engine
19-63
The Fire Department has submitted a copy of their 2008 Financial Statement as well as a copy of the Homeland Security Grant that they applied for to help offset the cost of the tanker truck.
The Mayor stated that the Committee wants to be sure that the Fire Department understands that an additional truck should not be requested for at least six years.
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the replacement of Engine 19-63 with the condition that the Fire Department will not request another truck for six years and that this purchase is an exception, as the Fire Department is funding the 2009 cash flow with $35,000.00.
Township DPW Garage
Project Update
Mr. Post
stated that the sub-committee is waiting for a side-by-side analysis of the two
options that they have designed. The
original 23,000 sq. ft. footprint has been brought back substantially to a
14,000 sq. ft. and an 11,000 sq. ft design. The difference is that the 14,000
sq. ft is a single footprint and the 11,000 is two separate buildings. The
sub-committee wanted to obtain the costs for each footprint as there was an
argument made that the cost of doing the excavation and the construction on the
two sites may exceed or be parallel to having a single structure. The
architect has prepared the analysis and the sub-committee will be looking at it
tomorrow night. The objective is to pick one plan or the other and to have the
site plan submitted to the Township Engineer, Steve Risse. Steve will then apply to the DEP for a Highlands
Applicability Determination. Mr. Piazza asked what the status is of the
approval needed to build over an existing pipe on the property. Assistant DPW Supervisor, Warren Gabriel
stated that the DPW Supervisor, Paul Jones, has received verbal approval and is
expecting written approval shortly.
NEW BUSINESS
Approve
07/3/09 & 11/27/09
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the Lebanon Township Fire Department’s application to hold two Coin Toss events which are to be held on 07/3/09 & 11/27/09; subject to written approval being provided by the Hunterdon County Freeholders.
Cancel July 1st and August 5th Meetings
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee canceled the July 1, 2009 and August 5, 2009 meetings.
Mayor Schriver stated that there will be a Hunterdon County Articulation Meeting on Monday, June 8, 2009. The Interim Hunterdon County Superintendent is attempting to bring
municipalities together to see if there is interest in
reconfiguring existing school districts in the K-12 grade. There was no interested shown by the
Committee. Mayor Schriver will respond
that there is not interest on the part of
Mr. Piazza stated that Tom Borden, from the Highlands Council, attended the Planning Board meeting to discuss the Highlands Plan Conformance. There is a lot of new information and there have been many changes. Mr. Post stated that there are obligations that the Township needs to comply with and recommended that the Township Planner provide the Committee with the status report on the Plan. The Clerk will ask the Planner for a written report.
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved the June 3, 2009 bill list in the amount of $123,963.49.
CORRESPONDENCE
Tax Collector’s Report for the Month of May
NJ Ride Against Aids – September 25 – 27
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. Anthony Casale stated his concerns with the bid specifications for the proposed cell tower. The removal of footings, the buffer, maintenance of the land, installation of electric or sub meters, escape clauses, insurance provisions for causality, use by the Township emergency services and rent relative to such were discussed. Mr. Casale also stated that the way in which the rent for the co-locators was written, appeared to be incorrect.
Mr. Post stated that once the Township Committee awards the bid, they will then go into contract with the winning bidder. Attorney George agreed with Mr. Post’s statement and stated that it is frequently handled in this manner. During that contract negotiation time, Mr. Post offered to sit with Mr. Casale to cover the areas of concern to see to it that they do not fall through the cracks. The bid specifications outline what is required and sometimes there will be bids received with exceptions or proposals for change, which can be considered as part of the acceptance. Attorney George stated that the bid specs do not cover everything related to the contract. As long as the contract does not substantially modify the cost and location or any of the basic requirements in the bid specs, the Township can contract if they choose. Frequently with cell tower bids, the business conditions change and there can be some negotiations of the terms.
Mr. Casale inquired on how much liberty the Township has in amending the language without having to republish the bid request again.
EXECUTIVE SESSION
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved Resolution No. 49-2009 and convened in executive session at 7:52 p.m.
RESOLUTION NO. 49-2009
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Attorney Client Privilege - Fire Station No. 1
Personnel Matters – Background Checks
Contract Negotiations
–
Attorney Client Privilege – Combe Fill Litigation
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 9:01 p.m.
Attorney George stated
that during the executive session, the Committee discussed with the Police
Chief and the Fire Department, the nature of the waiver provisions relative to
a Background Check Ordinance, which are being proposed for introduction. They
discussed the cell phone tower bids specs.
A tabulation of the bids and an explanation of any exceptions which were
made by Verizon Wireless and Nextel. There may be action taken on the matter.
Attorney George gave a final status and update on Combe Land Fill by the joint
municipal defense fund. A report was provided by Mr. John Potenza, of TRC
Environmental Corporation, regarding the well monitoring project and some new
developments with the DEP.
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved the entertaining of a resolution of adoption of a cell phone tower bid, to the highest qualified bidder, as recommended by the Township Attorney, subject to the negotiation of an acceptable contract.
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved the ground water testing Report #16, as submitted by TRC Environmental, to be submitted to DEP on the Township’s behalf.
Having no further business to come before the Committee, a motion was made by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote to adjourn the meeting at 9:06 p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved: June 17, 2009 ___________________________
Patricia Schriver, Mayor