December 2, 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 Ed Post Francis Morrison
Absent- Jay Weeks George Piazza
Also Present - Attorney Eric Bernstein and Clerk Karen Sandorse and 16 members of the public.
Motion by Mr. Post, seconded by Ms. Schriver and carried by favorable roll call vote, the Township Committee approved minutes of the Regular Meeting of November 4, 2009. AYES: Post, Schriver ABSTAIN: Morrison
Motion by Mr. Post, seconded by Ms. Schriver and carried by favorable roll call vote, the Township Committee approved minutes of the Executive Session of November 4, 2009. AYES: Post, Schriver ABSTAIN: Morrison
RESOLUTIONS
Resolution No.
83-2009- Plan
Conformance to the
Protection and Planning Council
Township Planner Mike Bolan was
present. Mr. Bolan stated that as part of the
There were then comments from the
public from about five people in attendance.
There was a comment relative to the septic system ordinance and requirements
for the maintenance for septic systems. There were concerns raised about the
loss of development potential and the impact on property owners. A statement was made regarding the Build Out
reports issued by the Highlands Council and how it would limit growth in the
Township. Concerns were also raised as
to the potential for lawsuits and that the Act itself is corrupt. The way that
the Act puts responsibility on the municipality, ultimately the municipality has
to be the bad guy. There were statements
made relative to the down zoning that has occurred over the years in the
Township and how it has effected the property owners.
Discussion was then held by the
Planning Board based on the Board comments and the public comments and the
disposition was that the Planning Board voted on a recommendation to the
Township Committee not to submit the petition for Plan conformance. It was a 5-2 vote in support of not
submitting the petition.
Mr. Post asked Mr. Bolan what the
ramifications would be in not petitioning for conformance. Mr. Bolan stated that it is the law. The Highlands Act requires the Township to submit
the petition. Relative to a municipality
like
Motion by Mr. Post, seconded by Mr. Morrison and carried
by unanimous favorable roll call vote,
the Township Committee adopted Resolution No. 83-2009. (as written below)
RESOLUTION NO. 83-2009
STATE OF NEW
SUBMISSION OF PETITION FOR PLAN CONFORMANCE
TO THE
FOR LAND IN THE PRESERVATION AREA AND IN THE
PLANNING AREA
WHEREAS,
the Highlands Water Protection and Planning Act (Highlands Act), N.J.S.A.
13:20-1 et seq., finds and declares that protection of the New Jersey
Highlands is an issue of State level importance because of its vital link to
the future of the State’s drinking water supplies and other significant natural
resources; and
WHEREAS, the Highlands Act creates a coordinated land use planning system requiring the
Highlands Water Protection and Planning Council (Highlands Council) to prepare
and adopt a Regional Master Plan for the Highlands Region; and
WHEREAS, the Highlands Act requires that within nine to 15 months after the effective date of the
Regional Master Plan, or September 8, 2008, each municipality located
wholly or partially in the Preservation Area shall submit revisions to the municipal master plan, development
regulations and other regulations, as applicable to the development and use of
land in the Preservation Area, as may be necessary to conform them with the goals,
requirements and provisions of the Regional Master
Plan (Plan Conformance); and
WHEREAS, Section 13:20-15.a, of the
Highlands Act states that for the portion of a municipality lying within the
Planning Area, the municipality may, by ordinance, petition the Highlands Council
of its intention to revise its master plan, development regulations and other
regulations, as applicable to the development and use of land in the Planning
Area, to conform them with the goals, requirements and provisions of the
Regional Master Plan, and:
WHEREAS,
WHEREAS, the Highlands Council prepared and distributed to
the Highlands municipalities Plan Conformance Guidelines outlining the process
and procedures for petitioning the Highlands Council for Plan Conformance; and
WHEREAS, the
Highlands Council’s Plan Conformance Guidelines require that a Petition for Plan Conformance be filed with the Highlands
Council no later than December 8, 2009 for Preservation Area lands, which
includes a comprehensive package of draft planning and implementation documents
that meet the requirements of the Highlands Act, the Regional Master Plan and
the Highlands Plan Conformance Guidelines; and
WHEREAS, in accordance with the Highlands Act and Plan
Conformance Guidelines, the Highlands Council shall consider a Petition for
Plan Conformance, and accept, reject or accept with conditions, a Petition for
Plan Conformance, as it deems appropriate, to conform them to the Regional
Master Plan; and
WHEREAS, since Plan Conformance by the municipality is strictly voluntary for lands in the Planning Area, Lebanon Township may at any time voluntarily revise its master plan, development regulations and other regulations, as applicable to the development and use of land in the Planning Area, to conform them with the Regional Master Plan; and
WHEREAS, at any time during the Plan Conformance process, Lebanon Township may choose not to obtain conformance with the Regional Master Plan for the lands lying within the Planning Area, and any approvals, rejections or approvals with conditions of the revised municipal master plan and development regulations recommended by the Highlands Council during the Plan Conformance process will not be binding on Lebanon Township as they relate to the development and use of land in the Planning Area; and
WHEREAS, should Lebanon Township choose to conform its master plan, development regulations and other regulations, as applicable to the development and use of land in the Planning Area, with the Regional Master Plan and Plan Conformance Guidelines, in accordance with a decision of the Highlands Council, Lebanon Township is required under the Highlands Act to enact an ordinance setting forth such intention; and
WHEREAS, upon application of Lebanon Township into the Plan Conformance Grant Program, the Highlands Council has made, or will make, grant funding and other financial and technical assistance available to Lebanon Township for the reasonable costs associated with the revisions of the master plan, development regulations or other regulations, as applicable to the development and use of land in the Preservation Area and the Planning Area, which are designed to bring those plans and regulations into conformance with the Regional Master Plan; and
WHEREAS, the Highlands Council shall make grant funds available for all mandatory aspects of Plan Conformance in accordance with the Plan Conformance Grant Program, and shall also make available grant funds for the discretionary aspects of Plan Conformance as determined by the Highlands Council; and
WHEREAS, should Lebanon Township formally withdraw from the Plan Conformance process with regard to the Planning Area, grant funding awarded to Lebanon Township up to the date of withdrawal that has been appropriately utilized in accordance with the Plan Conformance Grant Program and applicable grant agreement shall not be reimbursable to the Highlands Council.
NOW, THEREFORE BE IT RESOLVED, that the Township Committee of Lebanon Township hereby submits this Petition for Plan Conformance to the Highlands Council, as it relates to the development and use of land for the entire municipality, in accordance with the Highlands Act, the Regional Master Plan, and the Highlands Plan Conformance Guidelines; and
BE IT FURTHER RESOLVED, should Lebanon Township choose to conform its master plan, development regulations, and other regulations, as they relate to the development and use of land in the Planning Area, with the Highlands Regional Master Plan in accordance with the Highlands Council’s decision regarding a Petition for Plan Conformance, Lebanon Township shall enact an ordinance setting forth such intention, as required by the Highlands Act.
Resolution No. 84-2009-
Authorizing the Award of a Rock Salt Contract
Motion by Mr. Morrison, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee adopted Resolution No. 84-2009. (See written below)
STATE OF NEW
RESOLUTION NO. 84-2009
RESOLUTION AWARDING A CONTRACT FOR
ROCK SALT
WHEREAS, the Board of Chosen Freeholders awarded a master contract to Atlantic Sale, Inc (Rock Salt) on October 20, 2009 to provide rock salt for the County and members of the Cooperative Pricing System for Ice Control Materials Bid No. 2009-19 for the 09/10 season, and
WHEREAS, the Township Committee has requested to participate in the Cooperative Pricing System for Snow and Ice Control Materials with the anticipation of purchasing 2000 tons of Rock Salt, and
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the
Atlantic Salt, Inc. Rock Salt $52.00 per ton
Resolution No. 86-2009 - 2010 Recreational Trails Program
Grant
Motion by Mr. Post, seconded by Mr. Morrison and carried
by unanimous favorable roll call vote,
the Township Committee adopted Resolution No. 86-2009. (as written below)
STATE OF NEW
RESOLUTION NO.
86-2009
A RESOLUTION OF THE TOWNSHIP COMMITTEE OF THE
TOWNSHIP OF LEBANON SUPPORTING MUNICIPAL APPLICATION FOR A 2010 RECREATIONAL
TRAILS PROGRAM GRANT
WHEREAS, the New Jersey Department of Environmental Protection, Division of Parks and Forestry, Office of Natural Lands Management, through its New Jersey Trails Program, administers federal Recreational Trails Program grants to develop, maintain and restore trails and trail-related facilities; and,
WHEREAS, the New Jersey Trails Program will award grants of up to $25,000 to a municipality for non-motorized trail projects located on publicly owned land, with said grants requiring a 20% total project matching fund that can be in the form of cash and/or the fair market value of labor or materials; and,
WHEREAS, the Township of Lebanon recognizes
that connecting Township and Hunterdon County park system hiking trails within
Lebanon Township will further the public interest by providing local and county
residents with the opportunity for extended recreational opportunities
allowing users to more easily access and appreciate the beauty and
ecological value of the Township’s extensive open spaces; and,
WHEREAS, the Township of Lebanon desires to
apply for and obtain a 2010 Recreational Trails Program grant through
the New Jersey Trails Program for
approximately $25,000 in order to implement a trail connectivity and
improvement project;
NOW THEREFORE BE IT RESOLVED by the
Township Committee of the
1. The Township Committee of the Township of Lebanon hereby supports the submission of a 2010 Recreational Trails Program grant application in the amount of $25,000; and,
2. The Township Committee of the Township of Lebanon hereby supports the provision to provide a 20% total project matching fund that can be in the form of cash and/or the fair market value of labor or materials, including volunteer labor and donated materials; and,
3.
The Township Committee of the
Resolution No. 87-2009-
Appointing the DPW Supervisor
Motion by Mr. Morrison, seconded by Mr. Post and carried
by unanimous favorable roll call vote,
the Township Committee adopted Resolution No. 87-2009. (See written below)
RESOLUTION NO. 87-2009
STATE OF NEW
RESOLUTION
APPOINTING WARREN GABRIEL AS
DEPARTMENT OF PUBLIC
WORKS SUPERVISOR
WHEREAS, as of
October 1, 2009, there was a vacancy in the position of Supervisor for the
WHEREAS, Warren Gabriel was appointed as Acting Department of Public Works Supervisor as of October 1, 2009; and, WHEREAS, the Township of Lebanon now wishes to officially appoint Warren Gabriel as the Department of Public Works Supervisor, retroactive to October 1, 2009 at a salary of Fifteen Thousand Dollars ($15,000.00) per year above his current salary from the Township, which, in 2009, is Sixty-One Thousand Three Hundred Five Dollars and Nine Cents ($61,305.09) His salary as Department of Public Works Supervisor shall be retroactive to October 1, 2009.
NOW, THEREFORE,
BE IT RESOLVED, by the Township Committee of the
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to execute any Agreement between the Township and Mr. Gabriel relative to his position as DPW Supervisor through December 31, 2010.
ORDINANCES
Public Hearing
Ordinance No. 2009-13
AMENDING AN ORDIANCE CREATING THE MCNH
Since November 4, 2009, at which time this ordinance was
introduced, Lebanon Borough has notified the Joint Court of its intentions to
leave the Court system. Due to their
decision the ordinance had to be amended to reflect such a change. Attorney Bernstein stated that the
modification is not great enough to deter the Township Committee from moving
forward with the public hearing and adoption.
Motion by Mr. Post, seconded by Ms. Schriver carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2009-13 was opened.
Mr. Anthony Casale inquired on what the financial impact of Lebanon Borough pulling out of the Agreement. Mr. Casale was informed that the Court is making every effort to keep costs down.
The public hearing was closed on a motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote.
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2009-13 as written below.
ORDINANCE NO.
2009-13
AN ORDINANCE AMENDING THE ORDINANCE
CREATING THE MUNICIPAL COURT OF NORTH HUNTERDON EFFECTIVE 2010
WHEREAS, the Town of
WHEREAS, the
Borough of Hampton and the
WHEREAS, the Borough of Lebanon has given late notice of its intention to withdraw from the Court effective December 31, 2009; and
WHEREAS, the Town of
WHEREAS, a Second Amendment to the Interlocal Services Agreement effective January 1, 2008 required by the Borough of Lebanon’s late withdrawal has been adopted by the remaining Member Towns governing participation by each of the municipalities in the Municipal Court; and
WHEREAS, the remaining Member Towns have agreed to amend the Ordinance consistent with the terms of the Second Amendment to the Interlocal Services Agreement.
1. Paragraph 1 of the Ordinance is amended to read as follows:
1. Creation of
Court: Effective January 1, 2010 the
Municipal Court of North Hunterdon shall be composed of the Town of
2. Paragraph 4 of the Ordinance is amended to read as follows:
4. Jurisdiction:
The jurisdiction of the Municipal Court shall be coextensive with
the territory of the Town of
3. Paragraph 12 of the Ordinance is amended to read as follows:
12. Withdrawal by Member: A member may not withdraw from the Court prior to December 31, 2012.
4. Paragraph 18 of the Ordinance is amended to read as follows:
18. Contribution Requirements/Revenue Distribution:
(a) The legally permitted municipal share of all fines levied on summons/warrants/tickets or other charges issued by a municipality’s police department or other municipal department and the court costs attributable to such summons/warrants/tickets or other charges shall be forwarded monthly by the Municipal Court to the issuing Municipality.
(b) All fines levied on summons/warrants/tickets issued by the State Police or any other non-member law enforcement agency shall be distributed as required by law.
(c) The yearly operating costs and other
expenses of the Municipal Court shall be divided among the participating
municipalities as follows: (1) each Member Town shall pay an annual base
operating expense (“base operating expense”) ; (2) to the extent that yearly
operating costs and other expenses exceed the amount collected from each Member
Town as base operating expense, each Member Town shall be responsible for a
percentage of the excess operating costs and other expenses (“excess operating
expense”). The base operating expense shall be $18,000 for the term of this
agreement Each municipality’s percentage share of excess operating expense
shall be the same as the percentage derived by dividing the total amount of
Municipal Court revenue from court costs attributable to a particular
municipality for that year by the total amount of Municipal Court revenue from
court costs generated by all participating municipalities for that same year.
For example, if the Town of
(d) The Municipal Court staff shall calculate
each participating municipality’s percentage share of Municipal Court excess
operating expense as provided in subsection (c) above on a yearly basis
(September 1 to August 31). The calculation shall be completed by September 15
of each year and the percentages established shall be applicable for the
following calendar year. In establishing percentages for 2010, that being the
first year after the withdrawal of the Boroughs of Hampton and
(e) Notwithstanding anything to the contrary herein, the minimum percentage applicable to the Member Towns under subsection (c) above shall be three percent (3%).
5. Paragraph 20 of the Ordinance is amended to read as follows:
20. Uniform Shared Services and Consolidation Act: The governing body of the Township of Lebanon, having authorized the 2008 Interlocal Services Agreement pursuant to the Interlocal Services Act, N.J.S.A. 40:8A-1 et seq., hereby ratifies the Amendment to the 2008 Interlocal Services Agreement pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et. seq., in accordance with the terms of that Act. In the event of any discrepancy between this Ordinance and the provisions of the Uniform Shared Services and Consolidation Act, the Act shall take precedence.
BE IT FURTHER ORDAINED that if any section,
subsection, sentence, clause, phrase or portion of this ordinance is held
invalid or unconstitutional for any reason by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such hold shall not affect the validity of the remaining portions
hereof.
BE IT FURTHER ORDAINED that this Ordinance shall take effect upon final passage and publication according to law, and the passage of an ordinance similar to this one by the remaining Member Towns.
Resolution No. 85-2009-
Amendment to Municipal Court Interlocal Agreement
Motion by Mr.
Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee adopted
Resolution No. 85-2009. (as written below)
STATE OF NEW
RESOLUTION NO. 85-2009
AUTHORIZING SECOND AMENDMENT TO INTERLOCAL SERVICES AGREEMENT FOR THE
MUNICIPAL COURT OF NORTH HUNTERDON
WHEREAS, the continuing members of the Municipal Court of North Hunterdon have agreed to a second amendment to the Interlocal Services Agreement for the Municipal Court of North Hunterdon effective January 1, 2010 to reflect that the Boroughs of Hampton and Lebanon and the Township of Tewksbury have left the court, to alter the method of allocating expenses and revenues among the Member Towns, and to eliminate the ability of a Member Town to withdraw;
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Township
Committee
of the
The Second Amendment to the
Interlocal Services Agreement for the Municipal Court of North Hunterdon, in
the form attached hereto, is agreed to by the Mayor and Township Committee of
the
AND, BE IT FURTHER RESOLVED:
That upon the execution of the Second Amendment to the Interlocal Services Agreement, the Township of Lebanon will amend the Ordinance creating the Municipal Court of North Hunterdon to reflect the changes made to the Interlocal Services Agreement by the Second Amendment.
Public Hearing
Ordinance No. 2009-14-
Prequalification of Bidders
Motion by Mr. Post, seconded by Mr. Morrison carried by unanimous favorable roll call vote, the public hearing for Ordnance No. 2009-14 was opened.
Mr. Ed Gagne asked if this ordinance would be applied to the Township Garage Project. Mr. Bernstein stated that it would not.
The public hearing was closed on a motion by Mr. Morrison, seconded by Mr. Post and carried by unanimous favorable roll call vote.
Motion by Mr. Post, seconded by Ms. Schriver and carried by unanimous favorable roll call vote, the Township Committee adopted Ordinance No. 2009-14 as written 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
WHEREAS, under the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.,, the Township of Lebanon is empowered to advertise for and
enter into certain contracts for goods and services with or without competitive
bids, depending on various circumstances and the nature, character and source
of such goods or services; and,
WHEREAS, pursuant to N.J.S.A.
40A:11-25 and N.J.S.A. 40A:11-26,
the
WHEREAS, the
WHEREAS,
a provision requiring the prequalification of bidders would be in the best
interests of the citizens of the
NOW, THEREFORE, BE IT ORDAINED by the
Township Committee of the
Section 14-10: The Township of Lebanon may require that bidders for
certain projects or a class of projects submit financial and experience
information as part of any submission of qualifications and/or proposals for
any contract for goods and services to be entered into with the Township and
that only bidders submitting such qualifications shall be permitted to receive
contracts. As used herein, “bidder” shall mean any person or entity who
submits, or intends to submit, a response to any request for proposal, request
for qualifications or solicitation or request to provide goods or services to
the
Section 14-10(a) In determining the contracts on which such
qualification shall be required, the Township Committee shall consider some of
the following standards:
1.
the importance of the contract to the
2.
the harm which could
be done to the
3.
the number of bidders
without adequate qualification who could be expected to bid;
4.
the existence of
objective criteria which could be set out in a prequalification questionnaire.
Section 14-10(b) In the event that
the Township Committees determines that such qualifications shall be required
for any contract, in order to be determined to
be qualified, bidders must complete a set of qualification materials to be
prepared and distributed by the Township of Lebanon. A standard set of qualification materials is
annexed to this Ordinance as a form of qualifications, which may be amended
from time to time.
Section 14-10(c) In addition to any other statutory or common law reason for
rejection of bids, proposals and/or qualifications, qualification may be denied
for the following reasons:
1.
A bidder submits a
false statement in the prequalification materials.
2.
A bidder fails to
comply with the prequalification rules.
3.
A bidder fails to
complete each applicable item of the prequalification materials.
4.
Lack of competency,
experience, facilities and/or personnel are revealed by the prequalification
materials.
5.
Uncompleted work which
might hinder and/or prevent the prompt completion of additional work if
awarded.
6.
Failure to pay, or
satisfactorily settle, all bills due for labor and material on former
contracts.
7.
Failure to comply with
any prequalification regulations of the
8.
Default under previous
contracts.
9.
Unsatisfactory
performance record as shown by past work judged from the standpoint of
workmanship and progress.
10.
The submission of
misleading information on previous bid proposals.
Section 14-10(d) The Township of Lebanon
reserves the right to waive technicalities which do not materially affect the
qualifications of any bidder, so long as the technicalities are not a material
defect as set forth in Section 14-10(c).
Section 14-10(e) The Township of Lebanon reserves the right to select the
bidder it deems the lowest responsible bidder at the time the contract is
awarded. The
Section 14-10(f) This Ordinance shall be in full force and effect from and
after its passage, approval and publication as provided by law, subject to the
approval of the Director of Local Governmental Services in the New Jersey State
Department of Community Affairs, as set forth in N.J.S.A. 40A:11-25 and N.J.S.A.
40A:11-26.
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.
3. This Ordinance shall take effect immediately upon final passage and publication as required by law.
Introduction
Motion by Mr. Piazza, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved Ordinance No. 2009-15 on first reading. (as entitled below).
ORDINANCE NO. 2009-15
STATE OF NEW
AN ORDINANCE TO
REVISE, AMEND AND SUPPLEMENT
THE CODE OF THE
Public
Hearing to be held on December 16, 2009.
OLD BUSINESS
Request for Release
of Maintenance Bond –
Motion by Mr. Morrison, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the release of the Stone Row at Hickory Run Maintenance Bond in the amount $180,076.35 at the recommendation of the Township Engineer Steve Risse.
Fire Tank Apparatus
Bid Submission
Held for executive
session.
OEM Coordinator
Request to Purchase Firelite Skid
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved the OEM Coordinator’s request to purchase a Firelite Skid Mount Unit in the amount of $7,800.00 from North Jersey Fire Equipment.
Police Chief’s
Request to Purchase a 2010 Police Vehicle
Motion by Mr. Post, seconded by Mr. Morrison and carried
by unanimous favorable roll call vote,
the Township Committee approved the
Police Chief’s request to move forward with the lease purchase of a new
vehicle. The new vehicle will replace
the 2005 Ford Crown
NEW BUSINESS
DPW Acting
Supervisor’s Request to Advertise for Sale of Surplus Vehicles
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved the DPW Acting Supervisor’s request to advertise for the Sale of Surplus Vehicles.
Approve
Motion by Mr. Morrison, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved a Raffle Application for the Voorhees High School PTSA for an event to be held on April 28, 2009.
DPW Acting
Supervisor’s Request to Purchase (3) Parking Lot Lights and Poles
Motion by Mr. Morrison, seconded by Mr. Post and carried by unanimous favorable roll call vote, the Township Committee approved the DPW Acting Supervisor’s request to purchase (3) parking lot lights and poles for the municipal building parking lot at a cost of $1,617.00 from Hesco Lighting.
DPW Acting Supervisor’s
Request to Purchase a Toro Z-Master 580 D Mower
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved the DPW Acting Supervisor’s request to purchase a Toro Z-Master 580D Mower at a cost of $11,400.00 from Frank Rymon and Sons.
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 December 2, 2009 bill list in the amount of $453,133.21.
CORRESPONDENCE
State of
Statewide Loss Control Service Visit Report
PUBLIC COMMENTS
Motion by Mr. Post, seconded by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee opened the Public Comment portion of the meeting.
Many comments were passed by the public relative to the Highlands Resolution. Statements were made regarding the Township Committees decision to move forward with the Plan notwithstanding
the Township Planning Board’s recommendation.
The Township Committee was asked to reconsider their decision on filing the Petition for the Plan.
Concerns were raised on the potential for lawsuits, the benefits and negative aspects of the Plan relative to the Township. Statements were made as to the impact this Plan has on the farmers of the Township and the loss of property value for the residents. A request was made for the Township Committee to incorporate additional language in the Plan resolution stating the weaknesses in the Plan and the dreadful impact it has on the Township residents.
Suggestions were made to hold two public hearings during the Township Committee meetings, one at the start of the meeting and one at the close.
Mr. John Locker of Route 513 stated concerns with the rate of speed in which people travel on Route 513 and recommended that the Township request that the County look into lowering the speed limit. The Clerk will ask the Police Chief to look into the matter.
Motion by Mr. Post, seconded by Mr. Morrison 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. Morrison and carried by unanimous favorable roll call vote, the Township Committee approved Resolution No. 88-2009 and convened in executive session at 8:37 p.m.
RESOLUTION NO. 88-2009
BE IT RESOLVED by the Mayor and Township Committee of the Township of
Public to discuss the following matters:
Anticipated or Pending Litigation-
Hyland
Tilcon
Possible Litigation – Fire Department Tanker
Fire Station No. 1
Motion by Mr. Post, seconded
by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee reconvened the Regular
Committee meeting at 9:21 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. Tom Groendyke of
Groendyke Insurance and the Township Planner Mike Bolan were present for a
portion of the executive session. There
was discussion the on Hyland litigation.
Attorney Bernstein will be consulting with the Township’s insurance
carrier representative on this matter and the Committee will be advised as to
the outcome of the discussion at the next meeting. The Committee was updated on
the ongoing issues with the Tilcon litigation.
The Township Committee has authorized Mr. Bolan to come back with a
resolution for their consideration at December 16, 2009 meeting to address some
of the issues raised by members of the public involving the Highlands Act
matters. When submitting Resolution No. 83-2009 to the Highlands Council, Mr.
Bolan is to notify the Highlands Council that a supplemental resolution will be
forthcoming.
Motion by Mr. Post, seconded
by Mr. Morrison and carried by unanimous favorable roll call vote, the Township Committee moved to reject the
bid from Pierce relative to the Fire Tanker due to a defect in the bid submission,
according to the Local Public Contracts Law, and authorized the Clerk to
advertise for new bids.
Having no further business to come before the Committee, a motion was made by Mr. Post, seconded by Ms. Schriver and carried by unanimous favorable roll call vote to adjourn the meeting at 9:39 p.m.
Respectfully submitted,
_______________________________
Karen J. Sandorse, RMC/CMC
Municipal Clerk
Approved: December 16, 2009 ___________________________
Patricia Schriver, Mayor