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 George Piazza Francis Monahan
Jay Weeks Ed Post
Absent
Also Present - Attorney Eric Bernstein and Clerk Karen Sandorse and 6 members of the public.
Mr. Monahan noted that Attorney George was in attendance not Attorney Bernstein as stated in the Roll Call. The Clerk will make the correction.
Motion by Mr. Piazza seconded by Mr. Monahan and carried
by unanimous favorable roll call vote, the Township Committee approved the
Motion by Mr. Monahan, seconded by Mr. Post and carried
by unanimous favorable roll call vote,
the Township Committee approved the
ORDINANCES
Ordinance No.
2006-10 Public Hearing
Motion by Mr. Post, seconded by Mr. Monahan and carried by unanimous favorable roll call vote, the pubic hearing for Ordnance No. 2006- 10 was opened.
Sandra Rauschenberger asked for clarification on the purchase agreement with the county. Mr. Post stated that this purchase was always a part of the County Easement Program. The purchase was tied up in some technicalities. The Township purchased the Development Easement in advance and now the paperwork will be finalized for reimbursement from the County. This Ordinance is a requirement of the SADC in order to close. It is anticipated that the closing will take place before the end of October.
Hearing no further comments, 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. Post, seconded by Mr. Monahan and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2006-10 as written below.
ORDINANCE NO. 2006-10
STATE OF NEW
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN AGRICULTURAL DEVELOPMENT
RIGHTS EASEMENT ON PROPERTY KNOWN AS BLOCK 40, LOTS 13 AND 13Q IN THE TOWNSHIP
OF LEBANON TO THE COUNTY OF HUNTERDON FOR FARMLAND PRESERVATION
WHEREAS, the
Township of Lebanon (“Township”), holds an agricultural development right
easement on property known as Block 40, Lots 13 and 13Q, in the Township of
Lebanon, consisting of approximately 67.860 acres along Sliker Road in the
Township (hereinafter “Property”) which was purchased with the intention of
preserving it for farmland purposes and enrolling it in the appropriate
Hunterdon County Agricultural Development program; and,
WHEREAS, the
property qualified for enrollment in the Hunterdon County Agricultural ( PIG)
Development farmland preservation program through a Planning Incentive Grant
and the Township received a contract from the County of Hunterdon to purchase
an agricultural development rights easement from the Township of 67.860 acres
of the Property, together with a Restrictive Covenant pertaining to
mowing/maintenance rights, if applicable, at a purchase price of $9,996.00 per
acre, for an estimated total of $678,328.56, subject to adjustment for the
required Municipal contribution and any survey/right-of-way adjustments with
payment to be made to the Township; and,
WHEREAS, the sale
of the Easement and Restrictive Covenant, if applicable, to the County of
Hunterdon for farmland preservation purposes will result in preservation of the
property for the same goals and purposes as purchased by the Township so that
it is not necessary for the Township to hold title to the easement on behalf of
the public; said sale shall further result in funding to the Township which can
be used, in turn, to acquire other easements and property for farmland
preservation purposes; and,
WHEREAS, the
conveyance of the Easement and Restrictive Covenant, if applicable, to the
County of Hunterdon under the Agricultural Development and Retention Act and
County of Hunterdon Agricultural Development Grant Program will result in the
preservation of the properties for agricultural purposes by the Township under
its farmland preservation program; and,
WHEREAS, the
Township is permitted to sell the Easement under N.J.S.A. 4:1C-11 et
seq.; 4:1C-34; 4:1C-43.1; N.J.S.A. 40A:12-13 et seq.; and,
any and all other applicable laws.
NOW THEREFORE IT BE
ORDAINED, by the Mayor and the Township Committee of the
SECTION 1. The
Township of Lebanon shall convey to the County of Hunterdon a Development
Rights Easement and a Restrictive Covenant pertaining to mowing rights, if
applicable, on Block 40, Lots 13 and 13Q in the Township of Lebanon, County of
Hunterdon and State of New Jersey, which easement shall pertain to
approximately 67.860 acres of Property for the price of $9,996.00 per acre and
an approximate total price of $678,328.56, subject to adjustments for the
Municipal and Retention Act and regulations pertinent thereto, to be paid to
the Township of Lebanon, in accordance with the contract on file with the
Township Clerk. The metes and bounds description for said property, dated
SECTION 2. On behalf of the Township Committee of the
Township of Lebanon the Mayor, Township Clerk and Township Attorney, as
appropriate, are authorized to prepare and sign any and all documentation
necessary to effectuate the sale of the Agricultural Development Rights
Easement and/or assignment to the County of Hunterdon, including a Restrictive
Covenant regarding mowing, if applicable, together with any other documents or
corrective documents as may be required by the County.
SECTION 3. SEVERABILITY.
If the provisions of any article, section subsection,
paragraph, subdivisions or clause of this Ordinance shall be judged invalid by
any Court of competent jurisdiction, such Order or Judgment shall not affect or
invalidate the remainder of any such article, section, subsection, paragraph or
clause and, to this end, the provisions of this Ordinance are hereby declared
to be severable.
SECTION 4. EFFECTIVE
DATE.
This Ordinance shall take effect immediately upon final
adoption and publication according to law.
Resolution No.
79-2006 - Appointing Municipal Housing Liaison
Motion by Mr. Post , seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 79-2006. (as written below)
RESOLUTION NO. 79-2006
STATE OF NEW
WHEREAS, the governing body of
Lebanon Township petitioned the Council on Affordable Housing (COAH) for
substantive certification of its Housing Element and Fair Share Plan on
December 19, 2005; and,
WHEREAS,
WHEREAS, pursuant to N.J.A.C.
5:94-7 and N.J.A.C. 5:80-26.1 et
seq, Lebanon Township is required to appoint a Municipal Housing
Liaison for the administration of Lebanon Township’s affordable housing program
to enforce the requirements of N.J.A.C 5:94-7 and N.J.A.C.
5:80-26.1 et seq.; and,
WHEREAS, Lebanon Township has
amended its Township Code, by Ordinance, to provide for the appointment of a
Municipal Housing Liaison to administer Lebanon Township’s affordable housing
program.
NOW THEREFORE IT BE RESOLVED by the Township Committee of the Township of Lebanon in the County of Hunterdon and the State of New Jersey that Gail Glashoff is hereby appointed by the Township of Lebanon as the Municipal Housing Liaison for the administration of the affordable housing program, pursuant to and in accordance with the various applicable provisions of the Township of Lebanon’s Municipal Code.
Resolution No. 80-2006 - Refund of Overpayment of Taxes – Schaaf
Motion by Mr. Monahan seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee adopted Resolutions No. 80-2006. (as written below)
RESOLUTION
NO. 80-2006
STATE OF NEW
Whereas there has been an
overpayment of taxes for 2006 for Block 24, lot 2 Q0039,
Whereas Mildred and Royal Schaaf, owners of this property have requested a refund of this overpayment of $159.97,
Therefore be it resolved that the Township Committee of Lebanon Township, County of Hunterdon authorize the Treasurer to prepare a refund check in the amount of $159.97 payable to Mildred and Royal Schaaf and this amount be refunded to them.
Resolution No. 81-2006 – Veterans Refund of Taxes – Carpenter
Motion by Mr. Monahan seconded by Mr. Piazza and carried
by unanimous favorable roll call vote, the Township Committee adopted
Resolutions No. 81-2006. (as written
below)
RESOLUTION
NO. 81-2006
STATE OF NEW
Whereas there has been an overpayment of taxes for 2nd quarter 2006 for 5 White Oak Ridge Road, known as Block 35, lot 31.15, Lebanon Township, and,
Whereas Robert Carpenter, a fully exempt veteran, owner of this property has requested a refund of this overpayment of $1955.17,
Therefore be it resolved that the Township Committee of Lebanon Township, County of Hunterdon authorize the Treasurer to prepare a refund check in the amount of $1955.17 payable to Robert and Judith Carpenter and this amount be refunded to them.
Resolution No. 82-2006 - Designating a Bond Anticipation Note
Motion by Mr. Post
seconded by Mr. Piazza and carried by
unanimous favorable roll call vote,
the Township Committee adopted Resolutions No. 82-2006. (as attached)
Resolution No.
82-2006
Resolution of the
Township Committee
of the
Designating a
$1,091,678 Bond Anticipation Note, Dated September 15, 2006 Payable September
14, 2007, as a “Qualified Tax-Exempt Obligation” Pursuant to Section 265(b)(3)
of the Internal Revenue Code of 1986, as Amended.
Mr. Post inquired as
to why the Township has not elected to obtain permanent financing. The Clerk will obtain, in writing, the
opinion of the Bond Counsel and Township CFO on the matter.
OLD BUSINESS
Appoint Office of Emergency Management Coordinator
Tabled for further
information on this position.
DPW Supervisor Request to Proceed With Capital Projects
Mr. Jones has
requested to proceed with the following projects:
a)
Installation
of the new heating /cooling system at the Municipal Office
Cost: Approximately $25,000.00 in 2005 Budget
b)
Pavement
overlay on Developments off of Route 513
Funds available: $140,000.00
c)
Sandblasting
and Repainting of two Dump Trucks
Cost: Approximately $7,000.00.
Items include in this years budget.
Motion by seconded Mr. Piazza seconded by Mr. Weeks, and
carried by unanimous favorable roll
call vote the Township Committee authorized Mr. Jones to move forward
with the projects.
Award Bid for Front End Loader
Discussion to be
held in Closed Session.
Hazard Mitigation Meeting
Mr. Monahan attended the Hazard Mitigation Planning Workshop
at the
NEW BUSINESS
Approve Raffle Application – Voorhees High School PTSA
Motion by seconded Mr. Piazza seconded by Mr. Monahan and carried by unanimous favorable roll call vote the Township Committee approved the Raffle Application for Voorhees High School PTSA.
Mr. Piazza stated that he attended the Court meeting. The property
where court is was sold but is still being managed by past owner. In 2007 the lease expires along with Court
Agreements between the 10 (ten) municipalities. The present agreement will
remain the same through 2007. It appears that they owner would like the
court to stay A notification was received from the State providing rules for
each Court system. NHMC is almost 95% in compliance. The Court Finance Committee will be meeting on
Day in the Park
Mayor Schriver
informed all present that the annual Day in the Park will be held on
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Motion by seconded Mr. Piazza seconded by Mr. Monahan and carried by unanimous favorable roll call vote the Township Committee
approved the
CORRESPONDENCE
Tax Collector Report
for the Month of August 2006
The Tax Collector submitted her report for the month of
August 2006.
PUBLIC COMMENTS
Motion by Mr. Post, seconded by Mr. Monahan and carried
by unanimous favorable roll call vote the Township Committee opened the
Public Comment portion of the meeting.
Nina Savoia of
Motion by Mr. Piazza, seconded by Mr. Monahan and carried by unanimous favorable roll call vote, the Township Committee authorized Mr. Post to work with the Township Engineer and Mr. Paul Jones to take an investigatory look at the Swack Property and to consult with Mr. Post as to what action should or should not be taken.
Sandra Rauschenberger provided the Committee with information she has received during grant meetings she has attended in the past and statistics on the Township that may affect the outcome of grant money received.
Sandra Rauschenberger made a suggestions for the OEM Coordinator appointment. She stated that there are 2 (two) residents in the Township who are Certified OEM Coordinators, Warren Gabriel and Donna Ader. Donna Ader worked for the Borough of Califon.
Sandra Rauschenberger stated that she attends many meetings
and
Anthony Casale commended Mr. Monahan on concern with
distribution of money. Mr. Casale stated that he was concerned that the meeting
started prior to
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee closed the Public Comment portion of the meeting.
EXECUTIVE SESSION
Motion by Mr. Post
seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved
Resolution No. 83-2006 and convened in executive session at
RESOLUTION NO. 83-2006
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Possible Litigation
Motion by Mr. Monahan,
seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee reconvened the
Regular Committee meeting at
There were relative
to ongoing litigation involving matter with the DEP. There was an additional update to the ongoing
investi and possible litigation in the front end loader bid. An opinion will be provided by the Attorney’s
office prior to the
Motion by Mr. Piazza seconded by Mr. Monahan and carried by unanimous favorable roll call vote, the Township Committee authorized an amount not to exceed $5000.00 to allow for 4th quarter testing pursuant to our requirements relative to Fire Station 1 with TRC Raviv money to be encumbered out of either legal budget, public works budget or both. Subject to formal action being taken when the bill is received and the allocation of funds therein.
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 8:01 p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved _________________________
Patricia Schriver, Mayor