November 4, 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
Absent- Francis Morrison
Also Present - Attorney Phil George and Clerk Karen Sandorse and 11 members of the public.
Motion by Mr. Post, seconded by Mr. Weeks and carried by favorable roll call vote, the Township Committee approved minutes of the Regular Meeting of October 21, 2009. AYES: Post, Schriver, Weeks ABSTAIN: Piazza
Motion by Mr. Post, seconded by Mr. Weeks and carried by favorable roll call vote, the Township Committee approved minutes of the Executive Session of October 21, 2009. AYES: Post, Schriver, Weeks ABSTAIN: Piazza
ORDINANCES
Public Hearing
Ordinance No. 2009-09
Motion by Mr. Post, seconded by Mr. Weeks carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2009-09 was opened.
There were no comments from the public.
The public hearing was closed on a motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote.
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2009-09 as written below.
ORDINANCE NO. 2009-09
STATE OF NEW
AN ORDINANCE TO
REVISE, AMEND AND SUPPLEMENT
THE CODE OF THE
ARTICLE IV, TITLED “SITE PLAN REVIEW”
WHEREAS, the Township Committee of the Township of Lebanon, Hunterdon County, New Jersey has reviewed the Township Code and believes that some amendments to the Zoning Ordinance are necessary, particularly as related to site plan review; and,
WHEREAS, the Township Committee believes such amendments are necessary to update and supplement certain provisions in the Zoning Ordinance relating to site plan review, as the Ordinance currently does not have provisions for a minor site plan, and such provisions are desirable for certain types of applications.
NOW, THEREFORE, BE IT
ORDAINED by the Township Committee of the
Section
1. Subsection 400-4 is hereby amended to
add the following definition.
Minor site plan. A site plan involving less than 1,000 square feet of new building, or 3,200 square feet of new impervious coverage, or 5 parking spaces.
Section
2. The following new section is to be
added, concerning Provisions for Minor Site Plan Approval
400-27.1 Minor site plan.
A. Information required for minor site plan approval.
(1) One original and 13 copies of the application form
(2) 14 copies of the plans, which need not be prepared by a Professional Land Surveyor, Professional Engineer or Professional Planner, provided that the information is clearly shown, is drafted to scale upon a previously prepared survey of the subject property, and is reproducible for record keeping purposes
(3) Acreage of the property, north arrow and approval signature lines
(4) Existing block and lot numbers of the subject lots as they appear on the Township Tax Map
(5) Photographs (14 sets) from perimeter of property into the subject property, with a sketch indicating from where the photographs were taken
(6) Photographs (14 sets) from perimeter of property into adjacent sites, which a sketch indicating from where the photographs were taken
(7) The location of existing and proposed structures, parking areas and driveways on the site
(8) The zoning district within which the property is located, including the Schedule of applicable zoning requirements pursuant to Chapter 400, Schedule 1.
(9) Existing vegetation on-site and proposed landscaped areas
(10) Floor plans of existing and proposed buildings and structures on-site, with a clear delineation and square footage calculations
(11) Existing and proposed building and lot coverage of the property
(12) Proposed hours of operation
(13) Existing and proposed signage and lighting on the property
(14) An identification and description of all vehicles and pieces of equipment (type and size) on the property at any time, with an identification of which vehicles will be garaged on-site and where such vehicles will be garaged
(15) A brief narrative description of the use, indicating any delivery or pick-up services, equipment used, nature of activity, products and/or clientele, the nature of sounds emitted from the site, and a description of any equipment that may cause interference with radio or television reception
(16) The names of all property owners within 200 feet as they appear on the most recent tax list prepared by the Township Tax Assessor
(17) Application and escrow fees
(18) Certificate from the Township Tax Collector that all taxes and assessments are paid to date
(19) Affidavit of property ownership
(20) Name, address and telephone number of owner
(21) Name, title, address and license number of any professional who prepared the plan
NOW, THEREFORE, BE IT FURTHER ORDAINED that:
1. All ordinances or portions of ordinances which are inconsistent with this Ordinance shall be
repealed as to their inconsistencies only.
2. If any provision or paragraph of this Ordinance shall be held invalid by any court of competent jurisdiction, the same shall not affect the other provisions or paragraphs of this Ordinance, except so far as the provision or paragraph so declared invalid shall be separable from the remainder or any portion thereof.
Public Hearing
Ordinance No. 2009-10
Motion by Mr. Piazza, seconded by Mr. Weeks carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2009-10 was opened.
There were no comments from the public.
The public hearing was closed on a motion by Mr. Piazza, seconded by Mr. Post 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. 2009-10 as written below.
ORDINANCE NO.
2009-10
AN ORDINANCE TO
AMEND THE REVISED GENERAL ORDINANCE OF THE TOWNSHIP OF LEBANON, COUNTY OF
HUNTERDON, STATE OF NEW JERSEY, AND MORE SPECIFICALLY CHAPTER 400(ZONING)
BE IT ORDAINED, by the
Township Committee of the
Section 1. Ordinance Section 400-54D(3), entitled “Development Applications”, is hereby amended to adjust the relevant application fees due in connection with development applications as set forth on the attached schedule under the heading “APPLICATION FEES”.
Section 2. Ordinance Section 400-54F(2), entitled “Initial Deposits”, is hereby amended to adjust the relevant escrow fees due in connection with development applications as set forth on the attached schedule under the heading “ESCROW FEES”.
Section 3. This ordinance shall take effect
following passage and publication in accordance with the laws of the State of
SCHEDULE OF FEES AND ESCROW FOR DEVELOPMENT
APPLICATIONS
EFFECTIVE: MAY
13, 1987
MINOR SUBDIVISIONS APPLICATION
FEES ESCROW FEES
Lot
Line Adjustment/Merger $100.00
$1,500.00
New
Lot $300.00 $1,500.00
Each
Additional
Resubmit/Incomplete $100.00 ---
Extension of Time $100.00 $
750.00
INFORMALS $100.00 per Mtg $
500.00
Sketch Plat $200.00 200% of
Preliminary $250.00
plus $100.00 per lot Application
Fee
Final $200.00
plus $ 50.00 per lot
Extension of Time $100.00 $
750.00
(Preliminary or Final)
Amend Subdivision
approval $1,000.00
Minor Site Plan $350.00
$1,000.00
Preliminary $250.00
plus $5.00 per 1,000 200% of
Sq.
feet lot area, plus $5.00 per Application
Fee
100
sq. feet of proposed bldg
floor
area
Final $250.00
plus $1.00 per 1,000 “
Sq.
feet lot area, plus $1.00 per
proposed
bldg floor area
Extension
of Time $100.00
application fee $
750.00
(Preliminary
& Final)
CONDITIONAL USE $250.00 $1,500.00
Appeals $200.00 $
400.00
Interpretations $200.00
for 1st lot, $ 400.00
$100.00 ea
additional lot
Lot
Area, Setbacks/Yard Requirements $250.00
$
750.00
Certification
of a prior nonconforming $100.00
$ 500.00
use
or structure
Use
Regulations $350.00
$1,500.00
Continued
Hearings $100.00
per each
additional meeting
(PAID IN ADVANCE)
Multiple
Variances $100.00
per variance request
Direction for Issuance of a $200.00 $2,000.00
permit for building not
related to a public street
Public Hearing
Ordinance No. 2009-11
Motion by Mr. Piazza, seconded by Mr. Post carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2009-11 was opened.
There were 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. Weeks and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2009-11 as written below.
ORDINANCE NO.
2009-11
AN ORDINANCE TO
AMEND THE REVISED GENERAL ORDINANCE OF THE TOWNSHIP OF LEBANON, COUNTY OF
HUNTERDON, STATE OF NEW JERSEY, AND MORE SPECIFICALLY CHAPTER 400(ZONING)
BE IT ORDAINED, by the
Township Committee of the
Section 1. That the Application Checklist which amends the submission requirements for minor subdivision approval, preliminary or final major subdivision approval; preliminary or final site plan approval; or variance approval as set forth under relevant chapters of the Lebanon Township Ordinances is hereby adopted;
Section 2. This ordinance shall take effect
following passage and publication in accordance with the laws of the State of
APPLICATION CHECKLIST
(See Attached)
Public Hearing
Ordinance No. 2009-12
Motion by Mr. Piazza, seconded by Mr. Weeks carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2009-12 was opened.
There were no comments from the public.
The public hearing was closed on a motion by Mr. Piazza, seconded by Mr. Weeks and carried by unanimous favorable roll call vote.
Motion by Mr. Piazza, seconded by Mr. Weeks and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2009-12 as written below.
ORDINANCE NO.
2009-12
AN ORDINANCE TO
AMEND THE REVISED GENERAL ORDINANCE OF THE TOWNSHIP OF LEBANON, COUNTY OF
HUNTERDON, STATE OF NEW JERSEY, AND MORE SPECIFICALLY CHAPTER 400(ZONING)
BE IT ORDAINED, by the Township
Committee of the
Section 1. That the Minor Site Plan Application Checklist which lists the submission requirements for minor site plan approval as required under Ordinance Section 400-27.1 is hereby adopted;
Section 2.
This ordinance shall take effect following passage and publication
in accordance with the laws of the State of
Introduction
Ordinance 2009-13 –
Amending the Ordinance Creating/Municipal Court of North Hunterdon
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved Ordinance No. 2009-13 on first reading. (As entitled below).
ORDINANCE NO.
2009-13
AN ORDINANCE AMENDING THE ORDINANCE
CREATING THE MUNICIPAL COURT OF NORTH HUNTERDON EFFECTIVE 2010
Public
Hearing to be held on December 2, 2009.
Introduction
Ordinance 2009-14 –
Requiring Prequalification of Bidders for Contracts/Goods and Services
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved Ordinance No. 2009-14 on first reading. (As entitled below).
STATE OF NEW
AN ORDINANCE AUTHORIZING THE
TO REQUIRE THE PREQUALIFICATION OF BIDDERS FOR CONTRACTS FOR
GOODS OR SERVICES TO BE PROVIDED TO THE TOWNSHIP
Public
Hearing to be held on December 2, 2009.
RESOLUTIONS
Resolution No.
81-3009 – Pelio Property Acquisition
Motion by Mr. Post, seconded by Mr. Piazza and carried by
unanimous favorable roll call vote,
the Township Committee adopted Resolution No. 81-2009. (See attached)
RESOLUTION NO. 81A-2009
STATE OF NEW
A RESOLUTION AUTHORIZING THE EXECUTION
OF
AN AGREEMENT FOR ASSIGNMENT OF INTEREST IN
PURCHASE OF UNIMPROVED REAL PROPERTY
WHEREAS, the Township is authorized by State law to acquire real property useful for the proper exercise of any power conferred upon the Township by law; and,
WHEREAS, the Township Committee has determined that the public good is best served by the preservation of significant contiguous parcels of farmland from and against any development not related to the farming of such property; and,
WHEREAS, the Hunterdon Land Trust
Alliance has entered into an Agreement to purchase certain property known as
Block 53, Lot 12 and Block 56, Lot 15 now owned by Messrs. Earl Pelio, Richard
Pelio and Robert Pelio, all located within the Township of Lebanon and
consisting of approximately seventy (70) acres; and,
WHEREAS, the Township Committee has previously approved by resolution its participation with the Hunterdon Land Trust Alliance and the County of Hunterdon to jointly purchase the above-referenced property for the price of Seven Hundred Thousand Dollars ($700,000.00) for the purpose of farmland preservation; and,
WHEREAS, the Hunterdon Land Trust Alliance wishes to assign to the Township of Lebanon all of its rights, title and interest in the said Agreement to purchase certain property known as Block 53, Lot 12 and Block 56, Lot 15 now owned by Messrs. Earl Pelio, Richard Pelio and Robert Pelio, all located within the Township of Lebanon and consisting of approximately seventy (70) acres and to further coordinate with and assist the Township in obtaining funds from the State of New Jersey and the County of Hunterdon for the benefit of the Township:
NOW, THEREFORE, be it ordained by the Township Committee of the Township of Lebanon, County of Hunterdon, State of New Jersey, that the Mayor and Township Clerk, pursuant to the Local Lands and Buildings Law, N.J.S.A. 40A:12-1, et seq. are hereby authorized to jointly execute an Assignment Agreement with annexed Purchase Agreement with the Hunterdon Land Trust Alliance for acquisition of development rights for the property known as Block 53, Lot 12 and Block 56, Lot 15, all located within the Township of Lebanon.
OLD BUSINESS
Warren Newman –
Update on 2010 NJDEP Trails Grant Application Block 36
Warren Newman, LTEOS Chairman stated that after discussion
in the beginning of the year, it was decided to investigate the NJDEP Trails
Grant.
The NJDEP Trails Grant Application does require a 20% matching
component, however, it can be in the form of fair market services and supplies,
volunteers or donations. It does not have to be a monetary match. The grant
application can be up to a maximum of $25,000.00. The scope of work proposed is
to improve the condition of the right-of-way which is an existing cleared
right-of-way, the creation of new trails to enhance a small area of the
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee moved to have a resolution drafted in support of the LTOES Commission’s project proposal and Grant application.
The Township Committee thanked Warren and the LTOES members for their hard work and dedication to the Township.
Approve Acting DPW
Supervisor’s Request to Purchase a Stertil-Koni Mobile Lift System
Motion by Mr. Weeks, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the request of the Acting DPW Supervisor to Purchase a Stertil-Koni Mobile Lift System from Hoffmans Services Inc. at a cost of $55,300.00.
Approve Acting DPW
Supervisor’s Request to Purchase a 2010 Ford F-450
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the request of the Acting DPW Supervisor to Purchase a 2010 Ford F-450 from Ditschman/Flemington Ford at a cost of $44,990.00.
Approve Architect
Keith Chamber’s Proposal for Phase III “Bidding Phase” Twp. Garage
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved Architect Keith Chamber’s Proposal for Phase III “Bidding Phase”and Phase IV “Clerk of the Works” for the Township Garage Project.
NEW BUSINESS
Approve Police
Chief’s Request to Purchase Three Computers
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the Police Chief’s request to purchase three computers from Dell at a total cost of $3,558.82.
PRESENTATION OF VOUCHERS
Committee Members provided a description of vouchers exceeding $1000.00.
Motion by Mr. Post, seconded by Mr. Piazza and carried by unanimous favorable roll call vote, the Township Committee approved the November 4, 2009 bill list in the amount of $870,295.73.
CORRESPONDENCE
a. Tax Collector’s Report for the Month of October
b. Tax Assessor – Added Assessments and Rollback Taxes
c. DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer – Invitation
d.
PUBLIC COMMENTS
Motion by Mr. Post, seconded by Mr. Weeks and carried by unanimous favorable roll call vote, the Township Committee opened the Public Comment portion of the meeting.
Mr. Ron Milkowski asked if Ordinance 2009-14 will have any affect on professional services contracts. Attorney George stated that based on the way the Ordinance is written, it would be at the discretion of the Township Committee.
Mr. Milkowski asked that the Township Committee request that the professionals have no increase in their contracts for the 2010 year.
Mr. Milkowski asked how often the Clerk of the Works will be at the garage project site. Mr. Post stated that Keith Chambers will be there, minimally, once every two weeks and on an as needed basis along with all administration.
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. 82-2009 and convened in executive session at 7:51 p.m.
RESOLUTION NO. 82-2009
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Tilcon Litigation
Hyland vs.
Insurance Claims for Environmental Matters
Library Contract Negotiations
DPW Personnel Issues
Contract Issues Related to LT Rescue Squad
Attorney George stated that he does not believe that any action will need to be taken on these matters when the Executive Session is concluded.
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 9:16 p.m.
Attorney George stated
that during the executive session a number of matters were discussed. Representatives from Groendyke Insurance
discussed Selective Insurance’s coverage of Fire Station No. 1 and also
discussed remedial efforts, as to if they are covered under the Risk. The
Groendyke representatives also discussed coverage provisions relative to the
Hyland and Tilcon matters. A status update was provided to the Committee by
Attorney George regarding a joint counsel session relative to the Tilcon
Litigation. Attorney George requested
pre-litigation discovery materials from the Acting DPW Supervisor. The
Committee held a discussion with the Acting DPW Supervisor relative to the
position of DPW Supervisor and Assistant DPW Supervisor. Members of the Lebanon
Township First Aid Squad were present to discuss with the Committee a business
plan for converting to paid positions for the day shift. The Library was
discussed for possible bidding for a boiler replacement. The work is likely to exceed the bid
threshold and financing will need to be looked into in the coming weeks.
There is a Memorandum
of Understanding that will need to be prepared by the Township Attorney for the
position of Assistant DPW Supervisor.
The Township Committee has also requested that a formal resolution be
prepared for the December 2, 2009 meeting appointing the DPW Supervisor and for
his salary is to be retroactive to October 1, 2009.
Having no further business to come before the Committee, a motion was made by Mr. Weeks, seconded by Mr. Post and carried by unanimous favorable roll call vote to adjourn the meeting at 9:22 p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved: December 2, 2009 ___________________________
Patricia Schriver, Mayor