BOROUGH OF BLOOMSBURY COUNCIL MEETING MINUTES JANUARY 22, 2013

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1 BOROUGH OF BLOOMSBURY COUNCIL MEETING MINUTES JANUARY 22, 2013 The regular meeting of the Mayor and Council was held on December 18, 2012 at Borough Hall, 91 Brunswick Avenue, Bloomsbury, New Jersey. The meeting was called to order at 6:30 PM by the reading of the Sunshine Law by Lisa Burd Reindel. As required by the Open Public Meetings Act of 1975, adequate notice of this meeting was provided on January 10, 2013 by the Publication of said notice in the Express Times and the posting of said notice in the Municipal Building on the same date. ROLL CALL: Chris James Al Stiehler Vicky Papics Eric Weger Chris Smith Martha Tersigni, Mayor William Edleston, Esq. FLAG SALUTE APPROVAL OF MINUTES Mrs. Papics moved Council approve the Regular Meeting Minutes of December 18, 2012; seconded by Mr. Stiehler. All ayes. Motion Mr. James moved Council approve the Reorganization Meeting Minutes of January 1, 2013; seconded by Mr. Smith. All ayes. Motion TAX COLLECTOR'S REPORTS Mrs. Papics moved Council accept the Tax Collector's monthly report of December 31, 2012; seconded by Mr. James. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion Mrs. Papics moved Council accept the Tax Collector's quarterly report of December 31, 2012; seconded by Mr. James. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion Mrs. Papics moved Council accept the Tax Collector's annual report of December 31, 2012; seconded by Mr. Stiehler. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion 1

2 APPROVAL OF BILL LIST Mr. Weger moved Council approve the Bill List of January 22, 2013; seconded by Mr. James. ROLL CALL VOTE: Tersigni-aye; Papics-aye; Stiehler-aye; Weger -aye. Motion CODE ENFORCEMENT OFFICER'S REPORT Mrs. Papics moved Council accept the Zoning Officer s Report of January 14, 2013; seconded by Mr. Smith. All ayes. Motion COMMITTEE REPORTS V. Papics: BCC - Nothing new to report. Bloomsbury Hose Company- Mrs. Papics reported that the Hose Company and Rescue Squad will be holding a combined CPR refresher course at the fire house on March 4 th. Rescue Mrs. Papics reported that the Rescue Squad had 28 calls, with 16 transports and 6 advanced life support with medic. Mrs. Papics stated that an anonymous letter had been taped to the Borough Hall door last week. The letter was directed to the Mayor, and complained about inappropriate use of Rescue Squad vehicles. She stated that she would like to allow Chief Jim Anderson a few moments to address the same. Mr. Anderson stated that the letter seems to imply that the vehicles are owned by the town. He stated that this is not correct, as they are owned by the Squad. The letter states that a Rescue Squad member is using the vehicle for personal use during the day. Mr. Anderson stated that there are two Squad members living at this address and that he does allow one to use the SUV during the day and that they are ready to respond to any call they may receive. He explained that they may be seen in some places that you may not expect, such as at the school taking their children to activities or at the Shop Rite. Mr. Anderson said the letter stated that the Rescue Squad was also allowing a member drive the vehicles without a license. Mr. Anderson stated that is not true. He thanked Council for allowing him the opportunity to explain the situation. Mrs. Tersigni reminded the Andersons that the Rescue Squad Budget information was due in today. The Clerk will forward the request again to Robin s attention. 2

3 Mrs. Papics stated she received a complaint from the resident at 103 Brunswick about outdoor storage at 116 Brunswick Avenue. Mr. Creveling will look into the same. Eric Weger Public Works- Mr. Weger reported that he spoke to the DPW about what they may need in the new year. He stated that there is still a gas tank leak on the on the small dump truck which will need to be fixed. Mr. Weger stated that he feels the old roller and trailer should be sold and that a plate tamper and the backhoe attachment for the new tractor should be purchased so that some road repairs can be handled in house. Shade Tree- Mr. Weger stated that he spoke to the members and that they will be inactive until such time as another grant opportunity should arise, then they will start up again. Mr. James asked about vehicle and equipment maintenance. He stated that he feels there should be logs and records maintained for all new equipment. The Clerk advised that she started to pull together a binder with that information to get them started. Mrs. Tersigni stated that in the past, the DPW staff kept track of work done. C. James: Newsletter- Mr. James stated that the deadline for submissions for the Spring Newsletter is February 8 th. He explained that the Easter egg hunt, County hazardous waste clean-up dates, Borough Park rules will be included in this edition. Environmental Commission- Mr. James reported that he provided a membership roster and budget request to the Mayor. He stated that the information he had received from ANJEC about our membership, he spoke to them and that is all closed out. Mr. James will reach out to the Musconetcong Watershed to inquire about renewal for Mr. James stated that he received the information regarding the requirement to publish meeting dates and the Sunshine Law and stated that the website will need to be updated with meeting dates and membership as well. 3

4 Mr. James asked about the status of the Green Team, explaining that Mayor Peck had established the team in order for the Borough to get their Sustainable New Jersey points. He stated that the way he interpreted it, it was separate from the Environmental Commission. Discussion followed. ENVIRONMENTAL COMMISSION APPOINTMENTS Mrs. Tersigni stated that Mr. James had provided a new membership list and that he will give the Clerk the completed Citizen Leadership forms for her files tonight. Mrs. Tersigni made the following appointments for 2013: Chris James 12/31/14 Ken Robbins 12/31/15 Sheila DeBarra 12/31/15 Christine Hall 12/31/13 Brian Boyle 12/31/13 Catherine Foulk 12/31/14 Hal Murray 12/31/13 Mr. James stated that he and Mr. Smith will be submitting their meeting dates to the newspaper together when finalized. M. Smith: Recreation - Mr. Smith provided a membership list and budget request to Council. He stated that members will get together this week to discuss the meeting schedule for He stated that will hold the Easter Egg Hunt on Saturday, March 23, Rain date will be the March 30 th. They plan to hold the annual golf outing in the Spring this year. Softball and lacrosse practice will start in March so they will do a walk through before then, but they will need to do some work to the ball field. Mrs. Tersigni stated that materials should be ordered in February. Mr. Smith stated that he and Mr. James will be submitting the meeting dates to the newspaper for publication and that Recreation will be targeting the first Tuesday of every month beginning in March. The Luminary sales were completed. He stated that they have prepared additional budget reporting spreadsheets for their fundraising which he will submit to Mr. Francisco. He stated that they typically make $ $ each year on Luminary sales. Mr. Smith stated that Angie Crosman has stepped down from the GTRC and has been replaced with Mark Hellman who was the treasurer previously. He said they have had a 4

5 desire to re-design the fields at the Borough Park to try to get two lacrosse and soccer fields at the lower field. Mr. Smith stated that he met with one contractor who was out of our price range. He stated that there is an expectation that the money we have not paid to them for the last two years be held and that money applied to make field changes. Mr. Smith asked if a formal escrow had been established for this purpose. Mr. Francisco stated this had not been done, as he was not aware of this until today, but that it can be done. Mr. Smith stated that the expectation is that there is $4,400 being held for field work. Discussion followed. RECREATION COMMISSION MEMBERSHIP Chris Smith 12/31/14 Joe Walen 12/31/15 Rich Petri 12/31/14 Megan Henry 12/31/13 Cathy Kane 12/31/17 Colleen Kerfoot 12/31/16 Scott Gonzalez 12/31/15 Eve Hart Alternate 12/31/15 Mr. Smith stated he has completed Citizen Leadership forms for all members. Mr. James asked if they would be coming up with formal estimates for work to be done so that Council could consider it further in the future. A. Stiehler: Board of Education- Mr. Stiehler reported that the in light of recent incidents, that the school is cracking down on security. The Hunterdon County Prosecutors Office and the NJSP are holding meetings in January and February with all schools in the district to develop standard procedures and protocol for emergencies. Mr. Stiehler stated that BES is currently working with the State Police to see what kind of security cameras they should have installed around the building. They are also working on shelter locations, so in the event that something happens at the school, they will have a secondary location to meet, possibly using the Presbyterian Church. They will notice parents prior to holding any drill at the school to avoid any unnecessary panic. Mr. Stiehler reported that the topic of School Choice came up there is concern now that Lopatcong and Greenwich are also School Choice Schools. He stated that BES had thirty-six School Choice students last year, thirty-three are staying and three are leaving. They had seven applications for the 2013 school year. Two of these were denied, one pulled their application and they accepted the remaining four students. 5

6 M. Tersigni: They will be interviewing eleven applicants for the Principal position and hope to narrow that down to two or three. Planning Board Mrs. Tersigni stated that appointments were reviewed at the January 15, 2013 Planning Board meeting. Tom Reilly was named Chairman and Kenneth Robbins was named Vice-Chairman. There are three vacant alternate seats still available for The Planning Board requested that Council adopt a Resolution in support of the One Seat Ride Rule Service so that is up for consideration tonight. A subcommittee is being formed for Master Plan review and Mrs. Tersigni stated she would help but does not have a lot of time to give, so they need someone else to come forward to work with them. Finance- Mrs. Tersigni stated that she continues in her role to review vouchers and time sheets. She stated that we have been using the billing voucher as a time sheet for our DPW and on-call employees and it does not really guide the kind of information that she feels it needs. She explained that with Lisa and Kim s help, they have redesigned the timesheet and hopefully this will help us to understand how time is being spent and allocate tasks better adding that we have asked for weekly reporting, rather than monthly. Mr. Weger asked if he could review the same. The Clerk will the same to him. Communication - Mrs. Tersigni stated that communication is a topic that keeps popping up. She stated that Mr. Stiehler will work with her on the same. Mrs. Tersigni provided Council members with a color coded map of properties in the Borough including those with tax liens, Borough owned properties and a parcel which was previously not shown, but that now belongs to the Borough as well. Discussion followed. Budget/Auditors- Mrs. Tersigni stated that Mr. Francisco provided end of year numbers and that they met with Bill Schroeder on Monday and they closed out the year. Mr. Francisco stated that we had a good year noting that in 2012 we used $156,000 of surplus to balance the budget and that you always try to replenish what you use. He explained that we replenished $235,000 so we replenished $70,000 more than we used so we are in good shape going into He added that we still have $205,000 from the sale of the water company in reserve which is available for future projects. Discussion followed. 6

7 Mr. Weger stated that he feels we should again look into chip and seal for some Borough Streets. Discussion followed. The Clerk stated that Mr. Roseberry has never felt that chip and seal was a good option for our roads, but she will reach out to Mr. Roseberry regarding this matter again. Mrs. Tersigni stated that Council likely heard her remind Rescue that we requested that all the financial data from recipients of funding be in to our office by today. She added that the same has only been received from the people sitting on Council. Mrs. Tersigni stated that if we do not receive the requested information, she cannot see adding anything. Court- Mrs. Tersigni stated that Bethlehem Township finally got back to her and the person who is responsible for their shared services offered a meeting time which did not work for us. She will be requesting a Monday evening time slot so that Mr. Smith and Mr. Stiehler are able to attend and Kim will also be present. Hurricane Sandy- Mr. Stiehler will be attending a meeting at RVCC on Thursday, January 24, 2013 regarding how to better coordinate storm response in the wake of Hurricane Sandy. The Mayor and Clerk will be meeting with a JCP&L representative to go over substation maps and the Clerk will also address her longstanding request to go over the street light inventory she had completed approximately two years ago. CLERK/ADMINISTRATOR S REPORT Rabies Clinic- The Clerk reported that the rabies clinic was held last Saturday and she thanked Vicky Papics, Lola Burd & Taylor Burd for volunteering to assist with the same. In total, 28 Dogs and 38 Cats were vaccinated. The Clerk stated that 2013 will be another census year. Debra Race has again agreed to conduct the census and she will begin in early March. Correction- The Clerk made a correction on the record regarding the announcement at the Reorganization Meeting that Bill Fitzpatrick would be re-appointed to the Planning Board for a new term. The Clerk stated that his current term actually expires at the end of Snow Parking- The Clerk reported that she was able to get approval from Badway Karam for resident snow parking at his lot at the corner of Gardner and North Streets. The Clerk stated that she forwarded proof that he has been named as an additional insured for the same. 7

8 DPW- The Clerk stated that the tractor cab is being installed today and the tractor should be delivered tomorrow, in time for the upcoming storm. Security System- The Clerk reported that the cases which were used to encase the cameras were undersized and not the correct size for the cameras. Because of this, they are not sealed properly. She stated that there is a ¼ inch gap allowing bugs and moisture to get inside and in some cases, the wires were pinched by the case when they were installed. New enclosures will be installed to correct the same. The protective case for the monitor and DVR has been installed. Administration- The Clerk will be hosting a mini conference in the banquet hall at the fire house on Wednesday, February 27 th to help Clerks in Hunterdon and Warren County obtain their required ceu s. The Clerk explained that she and many others need a few more credits which she had planned to get at the Annual League of Municipalities Conference held in Atlantic City every November, but the conference was cancelled due to Hurricane Sandy. Obtaining these credits at available sessions can cost $99 per credit and would mean a day out of the office for each. Council Vacancy - The Clerk explained that she mailed a letter to Emily Russell advising that she had received two absentee ballot write in votes for the vacant council seat and asked that she respond to let her know if she intended to serve. After receiving no response, the Clerk mailed a second letter certified and to date there has been no response. Discussion followed. Mr. Edleston advised that if no response in received he believes that Council should take action on this in February. He explained that this would fill all parameters; including her being absent for 8 consecutive weeks and that the seat could then again be deemed vacant. Mr. Edleston confirmed that the seat would remain a republican seat. STATE POLICE REPORT No report. OLD BUSINESS MAIN STREET PHASE I & PHASE II PROJECT Mrs. Tersigni stated that we still have the punch list of items to be taken care of some items have been completed like the signage which was turned around so that it could be seen by oncoming traffic. She does not know if the final inspection has been completed by the state. The curbs have not yet been marked for painting. She does not anticipate have anything new to report until spring. MILL REDEVELOPMENT 8

9 Mr. Edleston stated he mailed Joe Zaleski a letter today asking when we could anticipate seeing a dumpster in there. Mr. James asked if an update about the Mill progress should be included in the newsletter. The Clerk will forward Mr. Zaleski s contact information to Mr. James so that he may reach out to him about the same. SECOND READING - ORDINANCE # AN ORDINANCE APPROVING THE CESSATION OF THE REGULAR MUNICIPAL COURT CASE FUNCTIONS OF THE NORTH HUNTERDON MUNICIPAL COURT AND APPROVING THE SHARED SERVICES AGREEMENT TO PROVIDE FOR THE STORAGE, SECURITY AND ADMINISTRATION OF THE MUNICIPAL COURT OF NORTH HUNTERDON S CASE FILES AND RECORDS AND THE CONTINUATION OF BUSINESS AS REQUIRED AFTER CESSATION OF REGULAR MUNICIPAL COURT CASE FUNCTIONS WHEREAS, the Municipal Court of North Hunterdon, 1322 Route 31 North, Suite 23, Annandale, New Jersey 08801, (hereinafter referred to as MCNH ), will cease accepting new matters occurring after December 31, 2012 and will cease the active scheduling and trial of cases as of February 28, 2013; and, WHEREAS, it is necessary to provide for the storage, security, servicing and administering of MCNH case files and records and for the continuation of MCNH business, as required, after the cessation of scheduling and adjudication of active cases; and, WHEREAS, the Township of Clinton, (hereinafter referred to as Custodian Town ), is in the position to store, service and administer the MCNH s case files and records and to continue MCNH s business, as required as of March 1, 2013 and as set forth in Appendix A, attached; and, WHEREAS, the Town of Clinton, Townships of Franklin, Lebanon, Tewksbury and Union, and the Boroughs of Glen Gardner, High Bridge, Bloomsbury, Califon Hampton and Lebanon, desire to establish a Shared Services Agreement for the administrative and financial terms by which the Custodian Town will assume the obligations of the MCNH as of March 1, 2013; and, WHEREAS, the Shared Services Agreement shall be governed by the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED by the Mayor and Council of the Borough of Bloomsbury, County of Hunterdon, as follows: 1. The MCNH will cease accepting new matters occurring after December 31, The MCNH will cease the scheduling and adjudication of all matters after February 28, Between January 1, 2013 and February 28, 2013, the MCNH will continue to process and adjudicate its existing caseload which was generated prior to January 1, 2013, at 9

10 its current court facility located at 1322 Route 31 North, Suite 23, Annandale, New Jersey The storage, security, servicing and administering of all MCNH case files and records and the continuation of all other MCHN business shall be addressed pursuant to a Shared Services Agreement with the Township of Clinton, Hunterdon County, New Jersey, assuming the responsibility for all MCHN case files, records and business. 4. Subject to the approval and by Order of the New Jersey Superior Court, Vicinage 13 Assignment Judge, as of March 1, 2013, the MCNH will be located at and administered by the Clinton Township Municipal Court. 5. The Shared Services Agreement provides for the storage, security and administration of the Municipal Court of North Hunterdon s case files and records and the continuation of business, as required after cessation of actual municipal court functions is hereby approved. 6. The Mayor and Municipal Clerk are hereby authorized to execute the agreement on behalf of the (Borough/Town/Township) and to execute any further documents and to take any further action to accomplish the purpose of the Agreement. 7. The Municipal Clerk shall forward two executed copies of the Agreement and a certified true copy of this Ordinance to John R. Lanza, Esquire, 5 Main Street, P.O. Box 2520, Flemington, New Jersey The Municipal Clerk shall maintain a true copy of the fully executed agreement with the records of her office, for inspection, during normal business hours. 9. The Ordinance shall be effective immediately to meet the MCNH s timetable for the orderly transfer of its files, records and business. Mr. James moved Council open the public hearing of Ordinance ; seconded by Mrs. Papics. All ayes. Motion No Comment from the public. Mr. James moved Council close the public hearing; seconded by Mrs. Papics. All ayes. Motion Mrs. Papics moved Council adopt Ordinance # ; seconded by Mr. James. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion 10

11 SHARED SERVICES AGREEMENT - TO PROVIDE FOR THE STORAGE, SECURITY AND ADMINISTRATION OF THE MUNICIPAL COURT OF NORTH HUNTERDON S CASE FILES AND RECORDS AND THE CONTINUATION OF BUSINESS, AS REQUIRED AFTER CESSATION OF REGULAR MUNICIPAL COURT FUNCTIONS THIS AGREEMENT is made this day of, 2012 Between: and: TOWNSHIP OF CLINTON, a municipal corporation, 1225 Route 31 South, Suite 411 Lebanon, NJ (hereinafter referred to as Custodian Town ) TOWN OF CLINTON, a municipal corporation, P.O. Box 5194 Clinton, N.J TOWNSHIP OF FRANKLIN, a municipal corporation, 202 Sidney Road Pittstown, N.J BOROUGH OF GLEN GARDNER, a municipal corporation, P.O. Box 307 Glen Gardner, N.J BOROUGH OF HIGH BRIDGE, a municipal corporation, 71 Main Street High Bridge, N.J TOWNSHIP OF LEBANON, a municipal corporation, 530 West Hill Road Glen Gardner, NJ BOROUGH OF BLOOMSBURY, a municipal corporation, 91 Brunswick Avenue Bloomsbury, NJ BOROUGH OF CALIFON, a municipal corporation, P.O. Box 368 Califon, NJ BOROUGH OF HAMPTON, a municipal corporation, P.O. Box 418 Hampton, NJ

12 BOROUGH OF LEBANON, a municipal corporation, 6 High Street Lebanon, NJ TOWNSHIP OF TEWKSBURY, a municipal corporation, 169 Old Turnpike Road Califon, NJ TOWNSHIP OF UNION, a municipal corporation, 140 Perryville Road Hampton, NJ 08827, (hereinafter referred to as Member Towns ) WHEREAS, the Town of Clinton, the Townships of Franklin and Lebanon and the Boroughs of Glen Gardner and High Bridge are also hereinafter referred to as MCNH Towns, the towns currently constituting the active members of the Municipal Court of North Hunterdon; and, WHEREAS, the Municipal Court of North Hunterdon, (hereinafter referred to as MCNH ), will cease accepting new matters occurring after December 31, 2012 and will cease the active scheduling and adjudication of cases as of February 28, 2013; and, WHEREAS, it is necessary to provide for the storage, security and servicing of MCNH case files and records and for the continuation of MCNH business, as required, after the cessation of scheduling and trial of active cases; and, WHEREAS, the Custodian Town is in the position to store, service and administer the MCNH s case files and records and to continue MCNH s business, as required after February 28, 2013; and, WHEREAS, the parties desire to establish in this Shared Services Agreement the administrative and financial terms by which the Custodian Town will assume the obligations of the MCNH after February 28, 2013; and, WHEREAS, this Shared Services Agreement shall be governed by the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., NOW, THEREFORE, the Custodian Town and the Member Towns agree as follows: 1. The MCNH will cease accepting new matters occurring after December 31, The MCNH will cease the scheduling and adjudication of all matters after February 28, Between January 1, 2013 and February 28, 2013, the MCNH will continue 12

13 to process and adjudicate its existing caseload which was generated prior to January 1, 2013 at its current court facility located at 1322 Route 31 North, Suite 23, Annandale, New Jersey The storage, security, servicing and administering of all MCNH case files and records and the continuation of all other MCHN business shall be addressed pursuant to a Shared Services Agreement with the Township of Clinton, Hunterdon County, New Jersey, assuming the responsibility for all MCHN case files, records and business. 4. As of March 1, 2013, the Custodian Town shall store, maintain, secure and administer all MCNH case files and records and duly attend to all MCNH business, as required to fulfill all MCNH obligations as a municipal court of New Jersey, as existing after February 28, 2013 and as per N.J.S.A. 2B:12-1 et seq., governing Municipal Courts. The Custodian Town shall provide those services as set forth in Schedule A attached. 5. Clinton Township Municipal Court will be responsible for ensuring that MCNH continues to operate as its own independent, joint municipal court with all the responsibilities as that of any other municipal court in Vicinage 13 of the State of New Jersey, with one exception its existing caseload will constitute its operational entirety. MCNH will have no jurisdiction to accept cases that occur on or after January 1, 2013 in the jurisdiction of MCNH Members. 6. Clinton Township will be responsible for: appropriately funding and staffing the MCNH; storing, maintaining and having accessible the MCNH files; ensuring that the Judge for the Clinton Township Court serves as the Judge for the MCNH; ensuring that a Certified Municipal Court Administrator serve as the Court Administrator for the MCNH; and, duties outlined in Appendix A herein. 7. The MCNH Towns and the Clinton Township Municipal Court shall, upon the execution of the agreement by all parties, apply to the New Jersey Superior Court, Vicinage 13 Assignment Judge for an Order, in accordance with N.J.S.A. 2B:12-1 and Court Rule 1:33-4 confirming that the Municipal Court of North Hunterdon will be operated by the Clinton Township Municipal Court with appropriate jurisdiction. 8. MCNH must remain in existence in perpetuity, or until it no longer has any nonadjudicated cases remaining, no requirement to maintain any court records and no activity on any remaining cases. 9. In full and complete satisfaction for all services and costs related to the Custodian Town s obligations under this Agreement: (a) The Custodian Town shall be entitled to all municipality fines, penalties, fees and costs generated by the MCNH case files on and after March 1, 2013 and during the entire term of this Agreement; and, 13

14 equipment. (b) The Custodian Town shall receive the MCNH s video conferencing The Member Towns shall have no further obligation for MCNH files, records and business. 10. Because of the necessity to carry on the official duties and obligations of the MCNH as of March 1, 2013, and thereafter, the term of this Agreement shall be in perpetuity or until further order of the Superior Court of New Jersey or such other Court or Agency with jurisdiction. 11. This Agreement is subject to the approval of the Assignment Judge. 12. The MCNH Towns shall be responsible to deliver MCNH s case files and records, in their current file cabinets and file boxes, to the Custodian Town s municipal building at 1225 Route 31 South, Suite 411, Lebanon, New Jersey. Upon delivery, the Custodian Town assumes the full responsibility for the case files and records to be administered by the Custodian Town as per this Agreement. 13. Uniform Shared Services and Consolidation Act. The governing bodies of the Custodian Town and the Member Towns are hereby authorized to enter into this agreement with each other embodying the provisions 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. 14. Ordinance. The Custodian Town and Member Towns shall approve this Agreement in an Ordinance entitled: An Ordinance Approving the Cessation of the Regular Municipal Court Case Functions of the North Hunterdon Municipal Court and Approving the Shared Services Agreement to Provide for the Storage, Security and Administration of the Municipal Court of North Hunterdon s Case Files and Records and the Continuation of Business as Required after Cessation of Regular Municipal Court Case Functions. The form of Ordinance is attached hereto as Schedule B. The Ordinance shall be passed, executed with a certified true copy delivered to all other Members and the MCNH before 12/31/ The Custodian Town and each Member Town shall execute a separate signature page of this Agreement and the original of the signature pages shall be kept at the office of Lanza & Lanza, LLP and each Town shall be provided with a copy of the Agreement, with copies of the signatures of each of the Towns. 16. Entire Agreement. This agreement constitutes the entire understanding of the Custodian Town and the member Towns and supersedes any and all prior or contemporaneous representations and or agreements, whether written or oral, among the parties hereto and cannot be changed or modified unless in writing signed by all the parties. 17. The MCNH Towns shall file a copy of the fully executed Agreement with the Vicinage 13 Municipal Division, Somerset County Courthouse, 40 North Bridge Street/P.O. Box 14

15 3000, Somerville, New Jersey and the Administrative Director of the Courts, Hughes Justice Complex, 25 West Market Street, P.O. Box 037, Trenton, New Jersey IN WITNESS WHEREOF, the undersigned have executed this Agreement effective the date and year first above written. Mrs. Papics moved Council approve the shared services agreement and authorize the Mayor and Clerk to execute the same; seconded by Mr. Stiehler. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion NEW BUSINESS INTRODUCTION ORDINANCE AN ORDINANCE SETTING THE SALARIES & WAGES FOR EMPLOYEES OF THE BOROUGH OF BLOOMSBURY, COUNTY OF HUNTERDON, STATE OF NEW JERSEY FOR THE YEAR 2013 BE IT ORDAINED by the Mayor & Common Council of the Borough of Bloomsbury, County of Hunterdon, State of New Jersey. Section 1. This ordinance shall fix the salaries or wages of the employees of the Borough of Bloomsbury at the following ranges for the year 2013: Section 2. Salary and wage ranges for the year 2013 are as follows: a. Borough Clerk/Administrator $20,000 - $46,000 per year, plus $28.00-$38.00/hr for additional hours. b. Deputy Clerk $ $11.00 per hour c. Registrar $1,000 - $3,000 per year d. Deputy Registrar $100 $500 per year e. Chief Financial Officer $9,000 - $20,000 per year f. Tax Assessor $5,000 - $10,500 per year g. Tax Collector $5,000 - $11,500 per year h. Public Works Superintendent $6,500 - $18,000 per year, plus $ /hr for hours in excess of 65 per month i. Public Works Laborer #1 $5,000 - $15,800 per year, plus $ /hr for hours in excess of 65 per month j. Public Works Laborer #2 $3,600 - $9,000 per year k. Public Works Laborer #3 $3,000 - $7,500 per year l. Planning Bd. Secretary $1,500 - $5,000 per year m. Code Enforcement Officer $5,000 $8,000 per year, plus $25.00 per sidewalk inspection n. Assistant Code Enfor. Officer $ $15.00 per hour o. Emergency Mgt. Coordinator $1,700 - $4,000 per year 15

16 $ $11.00/hr. for extraordinary FEMA events p. Recycling Coordinator $250 - $1,000 per year q. Dog/Cat Licensing Official $400 - $2,000 per year r. Tax Clerk $2,400 $3,000 per year s. Assistant EMC $ $10.00 per hour t. School Crossing Guard $ $32.00 per day u. Regular Laborer $ $18.00 per hour v. Seasonal Laborer $ $12.00 per hour Section 3. All ordinances inconsistent with this ordinance are hereby repealed. Section 4. This ordinance shall take effect upon final passage and publication according to law. Section 5. The exact annual salary or hourly wage for each position shall be specified by a resolution adopted by the Borough Council during the time this ordinance is effective. Mr. Francisco stated that a few of the ranges were adjusted in case we were to get a 2% increase. The biggest change is the addition of the Tax Clerk position as the Clerk is serving as the Tax Clerk during normal business hours since our Tax Collector is only here a few hours a week now. Mr. James moved Council Introduce Ordinance on first reading; seconded by Mrs. Papics. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion RESOLUTION OVERPAYMENT OF TAXES WHEREAS, the following property has an overpayment of 2012 property taxes; WHEREAS, any overpayment in excess of $5.00 must be refunded; NOW THEREFORE BE IT RESOLVED, by the Town Council of the Borough of Bloomsbury this 22 nd day of January 2013 that the Tax Collector and Finance Officer are hereby authorized to refund the following overpayment due to approval of Senior Citizen deduction which was approved for 2012: Block Lot Owner Amount Richard, Karen $ Mr. Stiehler moved Council adopt Resolution # 20-13; seconded by Mr. Smith. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion 16

17 RESOLUTION # CANCELLATION OF TAXES WHEREAS, the following property has outstanding property taxes for 2012; WHEREAS, this outstanding amount occurred due to the Borough of Bloomsbury acquiring the property; NOW THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of Bloomsbury this 22nd day of January 2013 that the Tax Collector is hereby authorized to cancel the following taxes: Block 14 Lot Borough of Bloomsbury 91 Brunswick Ave $80.91 Mr. Stiehler moved Council adopt Resolution # 21-13; seconded by Mr. Smith. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion RESOLUTION # RESOLUTION AUTHORIZING THE AWARD OF A NON- FAIR AND OPEN CONTRACT WITH CERTAIN BOROUGH PROFESSIONALS WHEREAS, the Borough of Bloomsbury, County of Hunterdon and State of New Jersey requires the services of an engineer, auditor, attorney, and planner; and WHEREAS, the Mayor and Common Council of the Borough of Bloomsbury are satisfied that the services to be provided by an engineer, auditor, attorney and municipal planner are not susceptible to precise definition and that the bidding of same would be impracticable; and WHEREAS, C. Richard Roseberry, P.E., P.P., C.M.E, of Maser Consulting is a duly qualified licensed engineer of the State of New Jersey; and WHEREAS, William Schroeder of Nisivoccia and Company, is a duly qualified licensed auditor of the State of New Jersey; and WHEREAS, William Edleston, Esq. is a duly licensed attorney of the State of New Jersey; and WHEREAS, David Banisch, PP/AICP, of Banisch and Associates, is a duly qualified licensed professional planner of the State of New Jersey; and WHEREAS, the Mayor and Council are desirous of retaining the services of the aforementioned individuals; WHEREAS, the Chief Finance Officer has certified that the contracts (recited below) with C. Richard Roseberry, of Maser Consulting, William Schroeder of Nisivoccia and Company, William Edleston, Esq. and David Banisch of Banisch and Associates may exceed $17,500 in value, and such parties have furnished to the Borough of Bloomsbury (or will furnish to the Borough of Bloomsbury prior to the effectiveness of an award of contract with them) a Business Entity Disclosure Certification certifying that their entity has not made any reportable 17

18 contributions under the New Jersey Local Pay-To-Play Law (N.J.S.A. 19:4A-20.4 et seq.) and that they will not, during the term of their contract make any political contribution so reportable; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1et seq.) requires a resolution authorizing the award of contracts for Professional services without competitive bidding must be advertised, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Bloomsbury, County of Hunterdon, State of New Jersey as follows: A. That the Mayor and Clerk of the Borough of Bloomsbury are hereby authorized and directed to execute contracts with the following all being for a period of one year, ending on January 1, 2014, contingent upon receipt from each of the following where the contract may exceed $17,500 of a Business Entity Certification certifying that their entity has not made any reportable contributions under the New Jersey Local Pay-To-Play Law (N.J.S.A. 19:4A-20.4 et seq.) and that they will not, during the term of their contract make any political contributions so reportable: C. Richard Roseberry, P.E., P.P., C.M.E., of Maser Consulting is appointed Borough Engineer for the calendar year William Schroeder is appointed Borough Auditor for the calendar year William Edleston, Esq. is appointed Borough Attorney for the calendar year David Banisch, PP/AICP is appointed Municipal Planner for the calendar year B. These contracts are awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. 40A:11-5-(1) (a) of the Local Public Contracts Law. C. This resolution shall be published once in the Hunterdon County Democrat. D. Copies of said professional agreements shall be maintained in the municipal offices of the Borough. Mrs. Papics moved Council adopt Resolution # 22-13; seconded by Mr. James. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion RESOLUTION # APPOINTMENT OF ON CALL EMPLOYEES Mrs. Tersigni stated that the Clerk had advertised locally for anyone interested in being an on call employee for the Borough this year. The Clerk explained that she had received several applications, but a few additional applications came in last minute. She announced that Norman 18

19 Smith, Kevin Heinrich, Ed Pacenti, Bob Clark, Bob Heinrich Jr., Dave Heinrich, George Tuxhorn and Ken Kearny all submitted applications. The Clerk recommended that Council carry Resolution # until next month to allow for additional consideration of all the applicants. RESOLUTION # RESOLUTION AUTHORIZING ENDORCEMENT OF A TWA PERMIT APPLICATION FOR BLOCK 8; LOT 2 BE IT RESOLVED, by the Common Council of the Borough of Bloomsbury, that the Mayor is hereby authorized to execute Section A-1 of the WQM-003 form of the Treatment Works Application for Block 8; Lot 2; otherwise known as 75 North Street in the Borough of Bloomsbury. Prior to the signing the application, the applicant shall agree to the following: 1) The applicant shall pay for the Borough's engineering and legal costs associated with the review of the TWA and subsequent construction of the septic system. 2) Since the proposed septic system will be removing existing parking on-site, the applicant shall submit a revised site plan application to the Land Use Board prior to any occupancy of the building verifying that sufficient parking will be provided for the proposed use. 3) County Department of Health approval if required. 4) Approval is subject to compliance with the Borough Engineer's Recommendations. Mrs. Papics moved Council adopt Resolution # 24-13; seconded by Mr. Weger. All ayes. Motion RESOLUTION # RESOLUTION AUTHORIZING ASSIGNMENT WHEREAS, N.J.S.A. 54:5-113 authorizes assignment by a municipality of tax sale certificates for the full amount of the certificate, including all subsequent municipal taxes and other municipal charges; and, WHEREAS, Dominikija Prostak has presented an offer to purchase, by assignment, Certificate of Sale # , which were issued to the Borough of Bloomsbury at a tax sale held on December 5, 2012, on Block 19, Lot 18, known as 70 North Street, Bloomsbury, NJ, and assessed to Pro Investments, in the amounts of $13,121.81, being the full amounts of the certificate, including all subsequent municipal taxes and other municipal charges. 19

20 NOW, THEREFORE, BE IT RESOLVED, that the Borough of Bloomsbury hereby authorizes the Mayor and Municipal Clerk to execute the necessary assignment document to effect assignment of the above referenced Certificate of Sale. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Tax Collector. Mr. Weger moved Council adopt Resolution # 25-13; seconded by Mrs. Papics. ROLL CALL VOTE: James-aye; Papics-aye; Smith-aye; Smith-aye; Stiehler-aye; Weger-aye. Motion The Clerk explained that Resolution # which Council received in their packets, must be voided. She explained that this was another reassignment and at 3:00 pm the property owner redeemed the lien. Discussion followed. The Clerk explained that the remaining Resolutions shall be re-numbered accordingly. RESOLUTION # HUNTERDON COUNTY MUNICIPAL ALLIANCE WHEREAS, the Common Council of the Borough of Bloomsbury, County of Hunterdon, State of New Jersey recognizes that abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages, and WHEREAS, the Common Council of the Borough of Bloomsbury supports the application of funding from the Governor's Council on Alcoholism and Drug Abuse through the County of Hunterdon; NOW, THEREFORE, BE IT RESOLVED by the Borough of Bloomsbury, County of Hunterdon, State of New Jersey hereby recognizes the following: 1. The Borough of Bloomsbury does hereby support the submission of an application for the North Hunterdon Municipal Alliance grant for calendar year 2013 in the amount of $23, The Borough of Bloomsbury acknowledges the terms and conditions for the Municipal Alliance grant. Mr. Weger moved Council adopt Resolution # 26-13; seconded by Mr. Smith. All ayes. Motion 20

21 RESOLUTION # ONE SEAT RIDE SERVICE WHEREAS, the Raritan Valley Rail Coalition Board of Trustees has presented an invitation to municipal, county, state officials, economic development representatives, private non and not for profit representatives, public sector representatives and private citizens to attend a meeting on December 17th advocating for one seat ride services on the Raritan Valley Line; and WHEREAS, NJ Transit is currently testing dual powered locomotives that would offer the Raritan Valley and other rail lines a one set ride option into Manhattan indicating an economic benefit to towns; and WHEREAS, the Mayor and Council of the Borough of Bloomsbury are in support of a one seat ride service being implemented on the Raritan Valley line which would help the town retain existing businesses and economic development while attracting new economic, business and housing development. Mr. Stiehler moved Council adopt Resolution # 27-13; seconded by Mr. Smith. All ayes. Motion OPEN PUBLIC MEETINGS LAW REVIEW Mr. Edleston stated that Council received a handout which provides a pretty concise summary of what the law states. He added that it is his opinion that the Commissions must comply with the Sunshine Law which requires an annual posting of their meetings. He explained a meeting is defined as an effective majority of the full authorized membership, meeting with the purpose of discussing business, so in a seven member commission that would be a meeting of four or more members. He stated that if four or more members do gather, it must be at a regularly scheduled and advertised meeting, or if a special meeting is required, that the same must be properly noticed by providing 48 hours notice of when that meeting may occur. Mr. Edleston also reminded everyone that communications between a quorum of a membership can also constitute a violation of the Sunshine Law and if you are found to be in violation of the law by the prosecutor s office there is a $ fine for the first offense. Discussion followed. CORRESPONDENCE Mrs. Tersigni reported receiving correspondence that the County is preparing for a 300 th Celebration in 2014 and are asking for Municipal involvement. Discussion followed. 21

22 PUBLIC COMMENT No Comment. RESOLUTION FOR AN EXECUTIVE SESSION WHEREAS, N.J.S.A. 10:4-12 allows for a public body to go into closed session during a meeting, and WHEREAS, the Mayor and Council of the Borough of Bloomsbury has deemed it necessary to go into a closed session to discuss certain matters which are exempted from the public, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Bloomsbury will go into closed session for the following reasons as outlined in N.J.S.A. 10:14-2 to discuss potential litigation. Mr. James moved Council enter executive session at 9:16 PM; seconded by Mrs. Papics. All ayes. Motion Mr. Weger moved Council Re-enter Regular Session at 9:32; seconded by Mr. Stiehler. All ayes. Motion ADJOURNMENT There being no further business, a motion to adjourn was made by Mrs. Papics; seconded by Mr. James. All ayes, motion Meeting adjourned at 9:33 PM. Respectfully Submitted, Lisa A. Burd Reindel, RMC Borough Clerk/Administrator 22