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September 16, 2008 The regular bi-monthly meeting of the Lafayette Township Committee was held on Tuesday, September 16, 2008 at 7:30pm. In the Municipal Building, 33 Morris Farm Road, Lafayette, NJ. Members Present: Members Absent: Also Present: Mayor Hughes, Committeemen Sweeney, Corcoran, D Angeli and Bruning None Clerk Fedish, Road Foreman Macko Mayor Hughes opened the meeting stating it was being held in compliance with Public Law 1975, Chapter 231, Sections 4 & 13. Treasurer s Report Cash Report for August 2008 Cash Balances as of July 31, 2008 $1,700,722.01 Cash Receipts for August 2008-10-05 $1,435,918.12 Total $3,136,640.13 Cash Disbursements for August 2008 $1,781,776.14 Cash Balances as of August 31, 2008 $1,354,863.99 Account Balances as of August 31, 2008 Current Checking $279,590.59 Capital Checking $353,572.94 Escrow Checking $153,412.99 Tax Map Updates $1,599.56 COAH Developers Fees $185,589.42 Open Space Municipal Tax $139,932.69 Trust Accounts for Developer s Agreements $220,632.29 Special Rec. Checking $6,304.20 Special Donations $7,543.00 Dog Trust Account $6,686.31 Total Account Balances $1,354,863.99 Motion by Bruning, seconded by D Angeli, to accept the Treasurer s Report. Motion carried by roll call vote: Sweeney-yes, Corcoran-yes, D Angeli-yes, Bruning-yes, Committee Reports Streets and Roads - D Angeli reported routine work is being done. The Dennis Road project is now complete. D Angeli reported a platform is needed for the bucket loader per the suggestion by OSHA. The approximate cost would be $710.00 Motion by D Angeli, seconded by Bruning, to approve the purchase of a platform for the bucket loader. Motion carried by roll call vote: Sweeney-yes, Corcoran-yes, D Angeli-yes, Bruning-yes, D Angeli reported a crew has been soliciting homeowners for driveway work and leaving tar and stones along the roads. Road Foreman Macko feels the Zoning Officer should pursue issues like this so the residents are not scammed. Mr. Macko will speak with the Zoning Officer as the Township Committee wants this issue pursued. D Angeli reported the fall clean-up is scheduled for next month starting the week of October 6 th. Fire Department - Sweeney reviewed the August report. Emergency Management - Hughes reported he is in the process of setting up a meeting with Sparta regarding 9-1-1 issues. 9.16.08 TC Mins. Page 1 of 5

Affordable Housing - Hughes reported Maureen Fullaway is working on the plan. Discussion ensued regarding the COAH trust fund plan. This will be reviewed in October and a hearing will follow. SCARC - Hughes reported the initial closing took place last week; and the HUD review is complete. The ground breaking will be October 7 th or 8 th. Advance Housing - Hughes reported additional funding is being sought for the first ten (10) units. Correspondence - From David Messineo re: Route 15 repairs Bruning recommends a letter being sent to the NJDOT and informing Mr. Messineo this has been done. Vouchers 20/20 BUSINESS SOLUTIONS INC. 47.50 AMERICAN FOREST 25.00 AQUATIC ANALYSTS, INC. 803.33 BASSANI POWER EQUIPMENT, LLC 389.20 CHAMBERS TRACTOR SALES, INC. 56.10 CHELBUS CLEANING CO., INC. 275.00 CINTAS CORP #111 564.84 CULLIGAN 22.00 D. LOVENBERG'S PORTABLE TOILET 65.00 DEPTCOR 165.00 DOLAN & DOLAN, P.A. 10,034.91 EMBARQ 406.00 EMBARQ COMMUNICATIONS INC. 50.34 FINCH FUEL OIL CO., INC. 3,310.94 FINELLI CONSULTING ENGINEERS, INC. 775.64 G & H SERVICE INC. 1,151.68 H2M ASSOCIATES INC. 25,123.22 HAMBURG PLUMBING SUPPLY CO., INC. 173.60 HIGH POINT REG HIGH SCHOOL 174,185.33 HOME EXPOT CREDIT SERVICES 391.58 HOME EXPOT CREDIT SERVICES 124.92 JCP&L 2,194.13 KUPERUS FARMSIDE GARDENS 152.00 LAFAYETTE AMATEUR ATHLETICS, INC. 6,000.00 LAFAYETTE AUTO PARTS 208.18 LAFAYETTE EMS 10,500.00 LAFAYETTE TWP BD OF ED 289,525.00 MARYPAUL LABORATORIES INC. 200.00 MULCH CONCEPT LLC 680.00 MUNICIPAL SOFTWARE INC. 1,389.00 NEXTEL COMMUNICATIONS 570.97 NJ STATE LEAGUE OF MUNICIPALITIES 315.00 NORMAN J. GOLDBERG, INC. 2,750.00 OFFICE OF PUBLIC HEALTH NURSING 30.00 OWL CONTRACTING 119,273.96 PETERSON & SON TREE SERVICE INC. 2,560.00 PITNEY BOWER GLOBAL MAILING SOLUTIONS 48.00 POLOWY STONE & MASON 61.50 ROWE & COMPANY 142.32 ROY E. KURNOS 4,800.00 SERVICE ELECTRIC CABLE TV 34.00 STAPLES BUSINESS ADVANTAGE 117.84 SUSSEX CTY ASSESSOR'S ASSOCIATION 65.00 THE NEW JERSEY HERALD 131.30 TILCON NEW YORK INC. 237.80 TIRE KING 30.00 TREASURER, S/NJ 50.00 TREASURER, S/NJ 216.00 W. JIROUX 1,250.00 BEAVER RUN FARMS 6,405.02 FINELLI CONSULTING ENGINEERS, INC. 3,535.06 LARRY VAN VELKENBURGH 3,150.00 LENTINI REDI-MIX INC. 6,550.00 OWL CONTRACTING 82,204.50 RECLAMATION OF KINGSTON, LLC 15,839.77 RECLAMATION OF KINGSTON, LLC 6,936.80 SNOOKS EXCAVATING INC. 14,870.00 9.16.08 TC Mins. Page 2 of 5

DOLAN & DOLAN, P.A. 2,958.72 FINELLI CONSULTING ENGINEERS, INC. 4,911.23 H2M ASSOCIATES INC. 12,398.84 MILLSIDE CAFÉ 75.17 ANIMAL GENERAL VETERINARY HOSPITAL 2,433.00 NJ DEPT OF HEALTH & SENIOR SERVICES 6.60 NJ DEPT OF HEALTH & SENIOR SERVICES 2.40 Motion by D Angeli, seconded by Corcoran, to pay the bills on the Bills List. Motion carried by roll call vote: Sweeney-yes, Corcoran-yes, D Angeli-yes, Bruning-yes, Old Business Oppose State Police Charge Resolution - Motion by D Angeli, seconded by Bruning, to adopt the following resolution: Fire Department Extrication Equipment - Larry Decker & Joe Farischon Mr. Decker stated the EMS has received private donations from Walt Keever and Schering Corporation for a total of $20,000.00. The total cost of the extrication equipment is approximately $39,556.00. Motion by D Angeli, seconded by Corcoran, to release the $20,000.00 previously approved from the Fire Department capital line item for the purchase of the extrication equipment. Mr. Farischon stated this would be under State contract; and Holmatro is the only company that makes the equipment according to specifications. Motion carried by roll call vote: Sweeney-yes, Corcoran-yes, D Angeli-yes, Bruning-no, EMS - Corcoran stated the Township EMS has successfully raised money to match Schering Corporation s donation. They sold an ambulance for $48,000 plus freight to the U.S. Army. New Business Farmland Preservation Resolution-Salvatore Torre - Motion by Bruning, seconded by D Angeli, to adopt the following Resolution: BE IT RESOLVED that the Mayor and Committee of the Township of Lafayette, in the County of Sussex, State of New Jersey, does hereby express its support for the Farmland Preservation Program and gives preliminary approval of the following application for the 2008 funding round of the State Agriculture Development Committee: Salvatore Torre Block 18, Lots 1.02 & 2.01 169 acres BE IT, ALSO, RESOLVED that approval is given for this application to be submitted to the State Agriculture Development Committee by the Sussex County Agriculture Development Board for county reimbursement consideration when state funding for farmland preservation is available. $30,000 Various Road Repairs Ordinance - Motion by D Angeli, seconded by Corcoran, to introduce the following Ordinance and set the public hearing date of October 7, 2008: AN ORDINANCE OF THE TOWNSHIP OF LAFAYETTE, COUNTY OF SUSSEX, NEW JERSEY, PROVIDING FOR THE REPAIR OF VARIOUS TOWNSHIP ROADS AND APPROPRIATING $30,000.00 FROM THE CAPITAL IMPROVEMENT FUND BE IT ORDAINED by the Township Committee of the Township of Lafayette, County of Sussex, New Jersey, as follows: Section 1: The funding for the repair of various Township roads is hereby authorized and the cost is not to exceed $30,000.00 which sum is hereby appropriated for such purposes. Section 2. The total amount of $30,000.00 is hereby appropriated from the Capital Improvement Fund. 9.16.08 TC Mins. Page 3 of 5

Section 3. This Ordinance shall take effect upon publication of notice of final adoption as provided by law. Cancel Old Funding Ordinances - Motion by Corcoran, seconded by Sweeney, to cancel old funding ordinances for a total of $4,289.44 and return to various funds. Description Amount Return To Reserve For Fire Department Scott Packs $ 0.01 Purchase of Fire Truck Funded 08 - Dump Truck $3,677.65 Purchase of Road Equipment 2007-19 - Swing Set $ 396.80 Improvements to Rec. Property Squad Payoff $ 147.70 First Aid Squad Equipment 2008-08 Turnout Gear $ 67.28 Purchase of Fire Truck Outdoor Wood Burning Furnaces Bob McDonnell, 13 Violet Trail Bill James, 10 Violet Trail Mr. McDonnell said the cost of fuel is rising; and people are using outdoor wood burning (OWB) furnaces. He explained the difference of outdoor and indoor furnaces and said the creosote creates a hazard. He said the Federal and State governments have suggestions; but no one is abiding by them. Mr. McDonnell explained there are three (3) homes in a row near him that have OWB s; and the pollution and nuisance are tremendous. His son has asthma issues. Mr. James said he has asthma; and the furnaces burn everyday during the year and emit huge clouds of smoke. Mr. McDonnell explained they live in a valley; and the smoke travels towards his home. The neighbor across the street is, also, impacted. Mr. McDonnell said the Barnes family, who live approximately 1,400 away, is impacted; and their children have asthma. He is asking that something be in place for the community. Mr. McDonnell said he spoke to a manufacturer of OWB s and was told that in a densely populated area they suggest the pipe be extended above the roof line. The NJDEP s response is that if smoke is emitted more than 3 minutes every 30 minutes, there is a violation. Mr. McDonnell said the residences at 15 and 19 Violet Trail do violate this regulation. He suggests the smoke stacks be extended and only burn from October to March. He, also, received information from the EPA stating wood burning smoke is hazardous. Committeeman D Angeli asked what he thought the Township should do. Mr. McDonnell said they have been banned in Sparta because of health issues and nuisance calls. Mayor Hughes referred to the NJDEP violations. Mr. McDonnell said he will comply with the NJDEP and meet with the residents. He said he will, also, try to meet with the Assembly people. Mr. McDonnell said he contact the Sussex County Health Department and was referred to the NJDEP because the County did not have anyone to test the smoke. Mayor Hughes suggested a draft ordinance be sent to the Township Attorney for review. He does not feel the existing furnaces can be removed; however, it will be investigated to ensure permits were obtained. Committeeman Bruning recommended the Construction Official be sent a memo to investigate 15, 17 and 19 Violet Trail for necessary permits and, if needed, take any necessary action. A report should be provided by the next meeting of October 7, 2008. Committeeman Bruning asked the Clerk to contact the Township Attorney regarding the prevention of the issuance of further permits until this issue is resolved. 9.16.08 TC Mins. Page 4 of 5

Mr. James said that, aesthetically, the neighbors are looking at an outhouse with a 20 stack. Adjournment With there being no further business, motion by D Angeli, seconded by Sweeney, to adjourn the meeting. Motion carried. Meeting adjourned. Respectfully submitted, ANNA ROSE FEDISH, RMC Municipal Clerk 9.16.08 TC Mins. Page 5 of 5