minutes 10-06-11 - Township of Bethlehem

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					Bethlehem Township                                                                October 6, 2011



The regularly scheduled meeting of the Township Committee of Bethlehem was held in the Municipal
Building, 405 Mine Road, West Portal, on October 6, 2011. The meeting was opened by Mayor John
Graefe with Adequate Notice of Meeting and the Pledge of Allegiance at 7:35 p.m.

Present: Mayor John Graefe; Deputy Mayor John Jimenez; John Meehan; Paul Muir; Gregory Glazar

Also Present: Catherine Adam, Municipal Administrator; Robert Kenny, Municipal Attorney; Robert
O’Brien, Municipal Engineer; Christine Dispenza, Municipal Clerk, and 4 members of the public.

A motion by John Meehan to open Public Comments carried.
A motion by John Meehan to close Public Comments carried.

A motion by John Jimenez to approve the Public and Executive Session minutes from September 15,
2011, carried.


A motion by John Jimenez to adopt the following resolution carried.

                                       Resolution #2011.113

            RESOLUTION OF THE TOWNSHIP OF BETHLEHEM HIRING
          RUTH KINNEY AS PART TIME TEMPORARY ACCOUNTING CLERK

        WHEREAS, the position of Accounting Clerk is vacant; and

        WHEREAS, after a careful and thorough review process, the Township of Bethlehem
wishes to hire Ruth Kinney to the position of Part Time Temporary Accounting Clerk subject to the
terms and conditions herein, and Ms. Kinney wishes to accept the same; and

        NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Township of
Bethlehem, Hunterdon County, New Jersey hereby hires Ruth Kinney as Part Time Temporary
Accounting Clerk based on an hourly wage of $18.50 per hour; and

        IT IS FURTHER RESOLVED that the start date for Ms. Kinney shall be October 4, 2011.

                                                          _____________________________
                                                          John Graefe, Mayor

Vote: Glazar: Aye
      Jimenez: Aye
      Meehan: Aye
      Muir:    Aye
      Graefe: Aye


A motion by John Jimenez to adopt the following resolution carried.

                                       Resolution #2011.114

    APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT
  CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR
        THE IMPROVEMENTS TO STAATS ROAD SECTION II PROJECT.
Bethlehem Township                                                                   October 6, 2011



        NOW, THEREFORE, BE IT RESOLVED that the Committee of Bethlehem Township
formally approves the grant application for the above stated project.

         BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit
an electronic grant application identified as MA-2012-Bethleem Township – 0007 to the New Jersey
Department of Transportation on behalf of Bethlehem Township.

         BE IT FURTHER RESOLVED that Mayor and Clerk are hereby authorized to sign the
grant agreement on behalf of Bethlehem Township and that their signature constitutes acceptance of
the terms and conditions of the grant agreement and approves the execution of the grant agreement.

My signature and the Clerk’s seal serve to acknowledge the above resolution and constitutes
acceptance of the terms and conditions of the grant agreement and approve the execution of the grant
agreement as authorized by the resolution above.

                                                   ________________________________
                                                   John Graefe, Mayor
Vote: Glazar: Aye
      Jimenez: Aye
      Meehan: Aye
      Muir:    Aye
      Graefe: Aye

                                  Resolution #2011.115

                RESOLUTION AWARDING CONTRACT FOR DESIGN AND
                   CONSTRUCTION OF DPW STEEL BUILDING TO
                            SECURITY SYSTEMS, INC.

        WHEREAS, on July 7, 2011, Township of Bethlehem published a bid specification entitled
“Bidding Documents and Specifications for DPW Vehicle Storage Structure” (the “Bid
Specification”); and

        WHEREAS, the work set forth in the Bid Specification is for the design and construction of
a pre-engineered steel, sided, wood structure based on four separate options; and

        WHEREAS, the four options are set forth in the Bid Specification and he Township may
award a contract to a bidder for any one of the four options specified; and

         WHEREAS, on September 27, 2011, seal bid proposals were received by the Township from
the following respondents in response to the aforementioned Bid Specification: (1) Security
Structures, Inc., 52 Loft Drive, Martinville, NJ 08836, (2) Double Tree Structures, 202 Orlan Road,
New Holland, PA 17557, and (3) Apex Enterprises of Union, Inc., 2254 Corlies Avenue, Neptune
City, NJ 07753; and

         WHEREAS, based upon the review of the aforementioned proposals by the Township
Engineer and Township Attorney, Security Structures is the lowest, responsive bidder as to all four
options, as follows:
                                  Option 1:                           $116,228.00

                                    Option 2:                         $155,030.00
Bethlehem Township                                                                    October 6, 2011




                                      Option 3:                         $218,351.00

                                      Option 4:                         $249,497.00

    NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of the
Township of Bethlehem, County of Hunterdon, State of New Jersey that, subject to the availability of
funds and subject to the aforementioned Bid Specification and contract documents, it hereby awards a
   contract to Security Structures, Inc. for Option ___ in the sum of $______________________.

         BE IT FURTHER RESOLVED that the Township Attorney is authorized to prepare
contracts and the Mayor and Municipal Clerk are authorized to execute same.


Following discussion, Resolution #2011.115 was TABLED until the meeting of
October 20, 2011:


A motion by John Jimenez to adopt the following resolution carried.

                                         Resolution #2011.116

STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION GREEN
  ACRES RESOLUTION AUTHORIZING AMENDMENT TO PROJECT AGREEMENT

         WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program
(“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit
organizations for assistance in the acquisition and development of lands for outdoor recreation and
conservation purposes; and

         WHEREAS, Bethlehem Township has previously obtained a loan of $500,000.00 and/or a
grant of $3,350,000.00 from the State to fund the following project(s): Planning and implementing the
Municipal Open Space Plan; and

          WHEREAS, the State and Bethlehem Township intends to increase Green Acres funding;
and

         WHEREAS, the applicant is willing to use the State’s funds in accordance with its rules,
regulations and applicable statutes, and is willing to enter into an Amendment of the Agreement with
the State for the above-names project;

      NOW, THEREFORE, BE IT RESOLVED BY THE Bethlehem Township Committee

      1. That John Graefe or the successor to the office of Mayor is hereby authorized to execute an
         Amendment to the Agreement increasing funding to $ 450,000.00, and;


      2. That the applicant has its matching share of the project, if a match is required, in the amount
         of $ 450,000.00.
Bethlehem Township                                                                      October 6, 2011



    3. That, in the even the State’s funds are less than the total project cost specified above, the
       applicant has the balance of funding necessary to complete the project, and;


    4. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and
       regulation in its performance of the project.


    5. That this resolution shall take effect immediately.

                                                                      ________________________
                                                                      John Graefe, Mayor
Vote: Glazar: Aye
      Jimenez: Aye
      Meehan: Aye
      Muir:    Aye
      Graefe: Aye


A motion by John Meehan to adopt the following resolution carried.

                                          Resolution 2011.117

            AMENDED RESOLUTION AUTHORIZING AGREEMENT BETWEEN
            TOWNSHIP OF BETHLEHEM AND GARDEN STATE FIREWORKS
                 IN CONNECTION WITH COMMUNITY DAY EVENT

        WHEREAS, Bethlehem Township Recreation Committee has rescheduled the Community
Day Event from September 24, 2011 to October 8, 2011 to be held on the municipal property at
Heritage Park; and

         WHEREAS, it is desired that the Township of Bethlehem sponsor a fireworks display for the
entertainment of the residents during the Community Day event; and

        WHEREAS, the Bloomsbury Fire Company will be in attendance for public safety; and

         NOW, THEN, BE IT RESOLVED, by the Governing Body of the Township of Bethlehem,
Hunterdon County, New Jersey that the Township of Bethlehem hereby grants permission for and
agrees to sponsor a display for fireworks to be performed by Garden State Fireworks, 383 Carlton
Road, Millington, NJ 07946, telephone number 908.647.1086, on October 8, 2011, 2011, provided
that Garden State Fireworks duly executes the Agreement and Addendum (the “Fireworks
Agreement”) which are attached hereto as Exhibit A and provided the Garden State Fireworks
furnishes the Township of Bethlehem with a Certificate of Insurance in a form acceptable to the
Municipal Attorney; and

         BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk are hereby authorized
to sign the attached Fireworks Agreement; and

         BE IT FURTHER RESOLVED, the Township of Bethlehem will acknowledge all
structures found by the Fire Marshall to be located within the fallout zone as a result of inspections to
obtain the necessary permits and approvals for the fireworks display and will waive liability for said
Bethlehem Township                                                                  October 6, 2011



structures in accordance with the Township’s insurance requirements; and further that the Township
of Bethlehem will proceed with the fireworks display as planned; and

         BE IT FURTHER RESOLVED, the above notwithstanding nothing shall absolve Garden
State Fireworks from indemnifying and/or holding the Township of Bethlehem harmless in connection
with the fireworks display or otherwise modify the aforementioned Agreement between the Township
of Bethlehem and Garden State Fireworks.

         BE IT FURTHER RESOLVED, that a true copy of this Resolution shall be forwarded to
the State of New Jersey, Department of Community Affairs, Division of Fire Safety, CN 809, Trenton,
New Jersey 08625-0809.

                                                                      __________________________
                                                                      John Graefe, Mayor
Vote: Glazar: Aye
      Jimenez: Aye
      Meehan: Aye
      Muir:    Aye
      Graefe: Aye


A motion by John Jimenez to adopt the following resolution carried.

                                       Resolution #2011.118


          RESOLUTION AWARDING CONTRACTS FOR ROAD CHIP SEALING
              AND PROCUREMENT OF MATERIALS IN CONNECTION WITH
              2011 JOINT BID MAINTENANCE & REPAIR OF VARIOUS ROADS


         WHEREAS, the Township of Bethlehem has a need to maintain and repair various Township
roads; and
        WHEREAS, on June 20, 2011, pursuant to a shared services agreement, the Townships of
Bethlehem, Alexandria and Holland published a joint bid specification entitled “Bidding Documents
and Specifications for the 2011 Joint Bid Maintenance and Repair of Various Roads”(the “Joint Bid”);
and
         WHEREAS, the work set forth in the Joint Bid includes two components: (1) the chip
sealing of approximately 129,724 square yards of various municipal roadways and (2) the
procurement of the following materials: 47,951 gallons of Emulsified Asphalt; 662 tons of No. 8
Broken Stone Course Aggregate; and 947 tons of No. 9 Broken Stone Coarse Aggregate; and
        WHEREAS, on July 12, 2011, seal bid proposals were submitted by the following
respondents in response to the aforementioned Joint Bid: (1) Asphalt Paving Systems, Inc., P.O. Box
530, Hammton, NJ 08037; (2) Tilcon New York, Inc., 625 Mt. Hope Road, Wharton, NJ 07885; and
(3) Flemington Bituminous, Corp., 205 Pennsylvania Avenue, Flemington, NJ 08822; and
        WHEREAS, with respect to the Township of Bethlehem portion of the Joint Bid, the
following respondents are the lowest, responsive bidders:
        (1)     Asphalt Paving Systems, Inc. for chip sealing for a contract price of $103,200.00,
                this sum representing 20,000 gallons of Emulsified Asphalt at unit bid price of $3.34
Bethlehem Township                                                                   October 6, 2011



                per gallon totaling $66,800.00 and 650 tons of No. 8 Broken Stone Course Aggregate
                at unit bid price of $56.00 per ton totaling $36,400.00;
        (2)     Tilcon New York, Inc. for the procurement of road maintenance materials, Items
                Nos. 1, 2 & 5 for a contract price of $26,265.00; this sum representing the following:


                         Item No. 1: 600 tons of No. 67 Broken Stone Course Aggregate at a
                         unit bid price of $13.90 per ton;


                         Item No. 2: 600 tons of Dense Graded Aggregate at a unit bid price
                         of $13.00 per ton;


                         Item No. 5: 150 tons of HMA Base Course at a unit bid price of
                         $67.50 per ton.
        (3) Flemington Bituminous, Corp. for the procurement of road maintenance materials, Items
            No. 6 for a contract price of $14,130.00, this sum representing 200 tons of HMA Surface
            Course at a unit bid price of $70.65 per ton; and
         NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of the
Township of Bethlehem, County of Hunterdon, State of New Jersey that, subject to the availability of
funds and subject to all bid specifications and contract documents, it hereby awards respective
contracts to the following respondents:
       (1)      Asphalt Paving Systems, Inc. for chip sealing for a contract price of $103,200.00,
                this sum representing 20,000 gallons of Emulsified Asphalt at unit bid price of $3.34
                per gallon totaling $66,800.00 and 650 tons of No. 8 Broken Stone Course Aggregate
                at unit bid price of $56.00 per ton totaling $36,400.00;
        (2)     Tilcon New York, Inc. for the procurement of road maintenance materials, Items
                Nos. 1, 2 & 5 for a contract price of $26,265.00; this sum representing the following:
                         Item No. 1: 600 tons of No. 67 Broken Stone Course Aggregate at a
                         unit bid price of $13.90 per ton;
                         Item No. 2: 600 tons of Dense Graded Aggregate at a unit bid price
                         of $13.00 per ton;
                         Item No. 5: 150 tons of HMA Base Course at a unit bid price of
                         $67.50 per ton.
        (3)     Flemington Bituminous, Corp. for the procurement of road maintenance materials,
                Items No. 6 for a contract price of $14,130.00, this sum representing 200 tons of
                HMA Surface Course at a unit bid price of $70.65 per ton; and
         BE IT FURTHER RESOLVED that the Township Attorney is authorized to prepare
contracts and the Mayor and Municipal Clerk are authorized to execute same.


                                                             ___________________________
                                                             John Graefe, Mayor
Vote: Glazar: Aye
Bethlehem Township                                                                    October 6, 2011



       Jimenez: Aye
       Meehan: Aye
       Muir:    Aye
       Graefe: Aye


A motion by John Jimenez to adopt the following resolution carried.

                                        Resolution #2011.120
                                          Payment of Bills

        RESOLVED, That the governing body of the Township of Bethlehem, does hereby authorize
the Finance Department to pay all vouchers when property endorsed and approved by at least 3/5
majority of the Governing Body in the amount of $357,436.45

                                                             ____________________________
                                                             John Graefe, Mayor
Vote: Glazar: Aye
      Jimenez: Aye
      Meehan: Abstain
      Muir:    Aye
      Graefe: Aye


                                   TOWNSHIP OF BETHLEHEM
                                       LIST OF BILLS
                                         10/06/2011

The attached list of bills is presented to the governing body for approval:

Current Fund
        BUDGET AND RESERVE BUDGET                                     16,610.99

Grant Fund
        GRANT APPROPRIATIONS                                                  0 .00

Dog Fund
       RESERVE FOR EXPENDITURES                                               28.20

General Capital
        ORDINANCES                                                   340,334.64

Open Space
       BUDGET AND RESERVE BUDGET                                          462.62

Public Defender Fund
        REFUND

ESCROWS
     PEAPACK
     Bank of America
Bethlehem Township                                                                   October 6, 2011



                                                                                       357,436.45

County Taxes


Other Items
STATE OF NEW JERSEY
Local School Taxes
Regional School Taxes
                                                                   __________

                                                                                      ____________
Grand Total                                                                            357,436.45


The above schedule of payments was prepared by Edward P. Rees, CFO.



REPORT OF ENVIRONMENTAL COMMISSION:
Eric Sween appeared before the Township Committee and presented a paper report of Environmental
Commission Accomplishments.

REPORT OF OPEN SPACE COMMITTEE:
Eric Sween reported that the Committee has cooperated with the NJ Water Supply Authority, NJ Land
Conservancy and the Hunterdon Land Trust on Open Space Acquisitions, and are currently pursuing
one of five.
Also discussed was the request made by the Girl Scouts to hang bird house gourds along the trail at
Heritage Park. While interest was expressed by members of the Open Space Committee, concern was
voiced in regards to the need for maintenance to the bird houses and issues with hanging the houses.
Mr. Kenny asked that in regards to Eagle Scout Trail projects, that the Municipal Engineer’s office be
contacted first to determine the location of all pins and coordinates, so as not to encroach on Warren
County Rod and Gun Club property.
Regarding Heritage Park Trail maintenance, Eric Sween stated that a change to the current ordinance
may only be needed in order to switch trail maintenance from the Environmental Commission to the
Recreation Committee.

REPORT OF RECYCLING COMMITTEE:
No Report Submitted.

REPORT OF TAX COLLECTOR:
A pre-printed Bi-Annual report, as of October 6, 2011, and a 2011 Tax Sale Preparation Schedule,
was submitted by Tax Collector Steve Davis, for review by the Governing Body.



REPORT OF CLEAN COMMUNITIES:
No Reported Submitted.
Administrator Adam will follow up with CFO Peter Rees to determine if there is money remaining in
the account, and report on her findings at the October 20, 2011 meeting.
Bethlehem Township                                                                  October 6, 2011




REPORT OF MUNICIPAL ZONING OFFICER:
A pre-printed listing of outstanding zoning complaints, and permits issued, for September, 2011 were
presented to the members of the Governing Body for their review.


REPORT OF MUNICIPAL ENGINEER:

Heritage Park Signs – Mr. O’Brien reported that a permit application to the NJDOT has been prepared
in order to put up wooden ID signs. An application fee of $125.00 would also be needed, and Steve
Douglas of DPW could have the signs made.

DOT Advance Signs – Mr. O’Brien reported that the request to the DOT for advance signs is moving
up through the chain of command, per his contact, Doug Dillon.

DPW Steel Building – Mr. O’Brien stated he would look into concerns about the heating and
insulation, and will follow up with Steve Douglas.



REPORT OF NJ STATE POLICE:
A Response Volume report for the month of September, 2011, was distributed by Trooper Kassey to
the members of the Governing Body for their review.

REPORT OF THE DEPARTMENT OF PUBLIC WORKS:
Gregory Glazar read the following report from the Bethlehem Township Department of Public Works:

       Asphalt repairs on Black Brook Road
       Asphalt repairs on Hackett Road
       Asphalt repairs on Persons Road
       Sinkhole repair on Valley Station
       Several days spent on storm clean-up from heavy rains
       Turkey Hill Road – Phase III – is complete
       Bellwood Park Road – Install drainage and inlets where a water problem existed
       Parks mowed twice weekly
       Walking trail mowed
       Truck and equipment maintenance and repair
       Recycle hauling and Depot maintenance


OLD BUSINESS:
Revised Property Maintenance Code - Following discussion, a motion by Paul Muir to Introduce this
ordinance carried. Public Hearing is scheduled for November 17, 2011.


                                     ORDINANCE #404.2011

              AN ORDINANCE OF THE TOWNSHIP OF BETHLEHEM IN THE
               COUNTY OF HUNTERDON AND THE STATE OF NEW JERSEY
             ESTABLISHING CHAPTER 104, PROPERTY MAINTENANCE CODE
Bethlehem Township                                                                            October 6, 2011



          WHEREAS, the Township Governing Body finds that it would be the Township’s best
interest to establish a property maintenance ordinance in order to protect human health and the
environment; and

        WHEREAS, the Township of Bethlehem desires to establish a property maintenance
ordinance through new Section 104; and

         NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of
Bethlehem, County of Hunterdon, and State of New Jersey, that it hereby establishes new Section 104
of the Township Code as shown in Exhibit A attached hereto and which is on file with the Township
Clerk’s Office.

         SECTION 1. If any section, paragraph, subdivision, clause or provision of this ordinance
shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision,
clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and
effective,

        SECTION 2. All Ordinances or parts of ordinances inconsistent with or in conflict with the
ordinance are hereby repealed to the extent of such inconsistency.

       SECTION 3. This Ordinance shall take effect immediately after final adoption by the
Township Committee.

                                                                            __________________________
                                                                            John Graefe, Mayor


                                                 EXHIBIT A

CHAPTER 104                 PROPERTY MAINTENANCE


104.1. Title. This ordinance shall be known as the Property Maintenance Code of -the Township of
Bethlehem, hereinafter-referred to as "this Code".


104-2. Purpose. This Code shall be constructed to secure its expressed intent, which is to ensure public health,
safety and welfare insofar as residents are affected by the continued occupancy and maintenance of structures and
premises. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Township of
Bethlehem Zoning Ordinance.


104-3. Definitions.


Abandoned Personal Property means wrecked or derelict property, which has been left abandoned for
more than three (3) months and unprotected from the elements and shall include wrecked, inoperative,
or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines,
plumbing fixtures, furniture, and any other similar article which has been left abandoned and
unprotected from the elements.
Bethlehem Township                                                                         October 6, 2011




Abandoned Real Property means any property that is vacant and is under a current Notice of Default
and/or Notice of Mortgagees Sale by the lender or a pending Tax Assessors Lien Sale and/or
properties that have been the subject of a foreclosure sale where the title was retained by the
beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in
lieu of foreclosure or sale.

104-4. Placement of abandoned personal property prohibited. It shall be unlawful for any person

to abandon personal property upon private property:
                           a. Without such receiving property owner’s consent; or
                           b. In violation of this or any other applicable law, ordinance, or regulation.


Nothing in this section shall be deemed to apply to abandoned personal property authorized to be left
on private business property properly operated, licensed, and zoned in the Township for the purpose of
accepting abandoned property.

104-5. Public nuisance. All abandoned personal property and abandoned real property is
hereby declared to be a public nuisance, the abatement of which pursuant to the police power is
hereby declared to be necessary for the health, welfare, and safety of the residents of the Township.

104-6. Maintenance requirements.

    a.   Properties subject to this section shall be kept free of weeds, overgrown brush, dead
         vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars,
         fliers, notices, except those required by federal, state, or local law, discarded personal items
         including, but not limited to, furniture, clothing, large and small appliances, printed material
         or any other items that give the appearance that the property is abandoned.




    b. The property shall be maintained free of graffiti or similar markings by removal or painting
         over with an exterior grade paint that matches the color of the exterior paint.



    c.   Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or
         similar plantings, decorative rock or bark or artificial turf/sod designed specifically for
         residential installation. Landscape shall not include weeds, gravel, broken concrete, asphalt
         or similar material.



    d. Maintenance shall include, but not be limited to, watering, irrigation, cutting, and mowing.
Bethlehem Township                                                                              October 6, 2011




    e.   Pools and spas shall be maintained so the water remains free and clear of pollutants and
         debris.



    f.   Failure of the mortgagee and/or property owner of record to properly maintain the property
         may result in a violation of the Township Code and issuance of a citation or Notice of
         Violation/Notice of Hearing by the Township’s Code Enforcement Officer.


104-7. Notice of Violation & Placement of Lien
A.      Notice. The Code Enforcement Official, shall cause a notice to be issued to the applicable
        property owner when violations are noted. Said notice shall be in writing and include (1) a
        description of the real estate sufficient for identification; (2) a statement of the violation or
        violations and why the notice is being issued; (3) include a correction order affording the
        property at least 10 days to cure the violation in accordance with this section; and (4) inform the
        property owner if said violation is not cured within the designated time period that the Township
        will take action to cure the violation and may place a lien against the property until the
        Township is reimbursed for any costs incurred in curing the violation.


     B. Service of Notice. The notice may be served in one of the following methods:


     1. Delivered personally which shall include service upon an employee; or


     2. Sent by first-class mail, express mail, overnight carrier or certified mail addressed -to the last known
              address; or


    3
    ..   Posted in .a conspicuous place in or about the structure affected by such notice; or


    4
    -.   Sent by facsimile machine (fax) to a party who has agreed in writing to accept notice

             by such means.


C. Placement of Lien. Where abatement of any nuisance as defined herein or correction of a defect
on the premises or the maintenance of the premises in a proper condition to conform to applicable
ordinances of the Township of Bethlehem or the laws of the State of New Jersey requires expenditures
of the Township of Bethlehem of moneys therefor, the Code Official or his/her designee, shall present
a report of the work accomplished to the governing body of the Township of Bethlehem along with a
summary of the proceedings undertaken to secure compliance including notices served upon owners,
Bethlehem Township                                                                                  October 6, 2011



operators, occupants or their agents, as the case may be. The governing body shall then approve the
expenses and costs, whereupon they shall become a lien against the premises, collectible as provided
by law. A copy of the resolution approving the said expenses shall be certified by the Municipal Clerk
and filed with the Tax Collector of the Township of Bethlehem, who shall be responsible for the
collection thereof; and a copy of the report and resolution shall be sent by certified mail, return receipt
requested, to the owner.



104-8. Appeal. Any person ("the Petitioner") affected by a decision of the
Code Official or a notice, or order issued under this Code shall have the right to appeal to the Township
Committee, within fifteen (15) days after the day of the decision, notice, or order was served. For purposes
of this Section, a decision, notice or order is "served" upon delivery, in the case of personal delivery, or posting
on the structure affected by such notice and, in the case of mailing, five (5) days after deposit in the U.S. Mail
with first-class postage prepaid. The Code Official shall transmit the appeal to Township Committee
within three (3) business days of its filing. A person is "affected" for the purpose of an appeal pursuant to this
section when the person has a material or definitive interest in the decision, notice, or order of the Code
Official. An appeal shall be based on a claim that the true intent of this Code, or the rules legally adopted
thereunder, have been incorrectly interpreted, the provisions of this Code do not fully apply, or the
requirements of this Code are adequately satisfied by other means. Appeal must be in writing and include a statement
of the proposal, together with any and all documentation which would aid the Board in its deliberations.


A. Hearing: The Township Governing Body shall hear appeal at next available Committee Meeting.
The Township shall give written notice of the meeting date and time to the Petitioner. Notice shall be given
of the time, place, and purpose of the public hearing by posting on the premises which is the subject of the
hearing a notification of the same, not less than three (3) days before the hearing to which it refers.


B. Governing Body Decisions: Council decisions shall be in writing and issued within two (2)
weeks after the close of the hearing. In reaching its decision, the Council may consider whether the
decision, notice, or order appealed from was based upon a correct interpretation of this Code, on the
rules legally adopted thereunder, whether the provisions of the Code do not fully apply, or whether the
requirements of this Code are adequately satisfied by other means. The Petitioner shall establish by a clean
preponderance of the evidence that his proposal is equivalent or superior to the adopted Code requirement.
The decision shall state that the decision is a final administrative decision which may be appealed to the
Superior Court within forty-five (45) days of delivery of the decision. Failure to secure the concurring
Bethlehem Township                                                                               October 6, 2011



votes of a majority of Council members present where a quorum has been obtained shall be deemed a
confirmation of the original decision.


C. Effect of Appeal: The appeal shall stay the decision, notice, or order appealed from,
unless the Code Official certifies to the Borough after the appeal has been filed that a stay would in the Code
Official's opinion cause imminent peril to life or property. In such case, the suspension or revocation shall
not be stayed unless a restraining order is issued by a court of competent jurisdiction, and then only in due cause
can be conclusively shown.


104-9. Violations and Penalties


A. Prosecution of Violations. Any person failing to comply with a notice of violation or
order served in accordance with this section shall be deemed guilt of a violation of this code,
and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the
code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of
the provisions of this code or of the order of direction made pursuant hereto. Any action taken by the authority
having jurisdiction on such remises shall be charged against the real estate upon which the structure is
located and shall be a lien upon such real estate.


B. Violation Penalties. Any person found to have violated any provision of this code,
adopted hereby, shall be guilty of an offense punishable as follows:
1A fine for a first violation In the amount of $75.00

2A fine for a second violation in the amount of $200.00

3A fine for a Third violation in the amount of $375.00


A separate offense may be deemed to have been committed upon each such violation.




ORDINANCE #255.50.2011 – PUBLIC HEARING – First Amendment to Sign Ordinance

A motion by Paul Muir to Open Public Hearing carried.
A motion by John Jimenez to Close Public Hearing carried.
A motion by Paul Muir to ADOPT ORDINANCE #255.50.2011 carried.
Bethlehem Township                                                                    October 6, 2011



NEW BUSINESS:
Trick or Treat - A motion by John Meehan to set the Township Trick or Trick for October 31, 2011,
from 12:00pm to 8:00pm, carried.

Proposed OPRA Resolution – Following discussion, a motion by John Graefe directing Attorney
Kenny to reword the resolution, asking the State Legislature to re-evaluate OPRA request laws and the
guidelines for responding to OPRA requests, carried.

Environmental Commission Appointments – A mayoral appointment by Mayor Graefe to move
Robert Loftin from Alternate #1 on the Environmental Commission to Regular Class, expiration of
term December 31, 2012, was adopted by the Governing Body.

A mayoral appointment by Mayor Graefe to place Tony Sampaio on the Environmental Commission,
as Alternate #1, expiration of term December 31, 2011, was adopted by the Governing Body.



REPORT OF MUNICIPAL ATTORNEY:
Pattenburg Quarry – Attorney Kenny reported that he will meet Wednesday with the attorneys for the
quarry regarding the draft Developer’s Agreement. Mr. Kenny will also inquire if Union Township
soils and importation protocols coincide with those of Bethlehem Township, and report back to the
Governing Body. Mr. Kenny also reported that the Quarry has requested a reduction of Escrow from
$3,500 to $2,500, and that they have indicated that they do not want sediment testing done on the
pond.

Mr. Kenny stated that he had 2 contracts and 2 potential litigations for discussion during Executive
Session.

REPORT OF PERSONNEL/TECHNICAL SUPPORT COORDINATOR:
Gregory Glazar reported that work is continuing on the new Township website, and that he is looking
to have it up and running by the end of the year.
John Jimenez indicated that the Boy Scout who wants to do the Heritage Park trail project also wants
to do a website for the trails. Mr. Jimenez recommended that the Scout do such a page for the new
website. Gregory Glazar asked Mr. Jimenez to have the Scout contact him.

REPORT OF ROADS COORDINATOR:
Gregory Glazar had nothing to report at this time.

REPORT OF JOINT PROFESSIONAL SERVICE COORDINATOR:
John Graefe had nothing to report at this time, and indicted that he had 1 item for discussion during
Executive Session.

REPORT OF HIGHLANDS COORDINATOR:
John Graefe and John Jimenez had nothing to report at this time.


REPORT OF GOVERNING BODY MEMBERS:
Gregory Glazar reported that he has volunteered to sit on a sub-committee for the Conley and
Hoppock schools. The sub-committee will tour both schools and compile a list of repairs and their
costs.
Mr. Glazar stated that he had 1 personnel item for discussion during Executive Session.
Bethlehem Township                                                                    October 6, 2011



Paul Muir stated that he had 1 item for discussion during Executive Session.

John Meehan reported that Community Day would be held Saturday, October 8, beginning at 4:30pm,
with “DJ Johnny” to entertain the children with contests, etc., until the movie starts at 6:30pm, and a
fireworks display at 8:00pm.
Mr. Meehan stated that a letter was received from Mrs. Hausel, Vice President of the Senior Citizens
Committee, thanking Mr. Meehan for speaking to their group about the 9/11 memorial. John Jimenez
indicated that a slight repair needs to be made to the memorial. Mr. Meehan reported that the
memorial would be taken down temporarily to address that and other repair issues.

John Jimenez had nothing to report at this time.


REPORT OF MUNICIPAL ADMINISTRATOR:
Energy Grant – Administrator Adam reported that the lighing and HVAC were now complete.

Animal Licensing – Ms. Adam reported that as of September 30, 2011, summonses would be issued
for non-licensed pets. To date, there were 32 unlicensed dogs and 17 unlicensed cats.

Administrator Adam stated that she had 3 items for discussion during Executive Session.


REPORT OF MAYOR:
Mayor Graefe noted that at the last meeting of the Planning Board, interest in re-activating the quarry
operations at Hunterdon Concrete was reported. Following discussion, Mayor Graefe asked the
Committee members if they were in favor of prohibiting quarrying in the Township. Unanimous ’No’
vote was noted. Mayor Graefe stated he would take said sentiment back to the Planning Board for
their consideration / jurisdiction.

Mayor Graefe, on behalf of the Recreation Committee, extended a public Thank You to Bob
Weinschenk and the Men’s Soccer League for their recent donation of $200.00 and soccer goals,
which the league donated to the Recreation Committee.

Mr. Kenny gave a brief overview of a status conference on the Township’s affordable housing
program and COAH’s Third Round regulations. Mayor Graefe indicated that Clerk Dispenza would
take on the position of Municipal Housing Liaison. Discussion ensued about possible options for
fulfilling the 5 rehabilitation housing units requirement.

Mayor Graefe stated that he had 1 personnel item for discussion during Executive Session.

A motion by John Jimenez to Open Public Comments carried.

Suzanne Wilder asked for wording clarification on the Accounting Clerk position resolution, and the
reason why was one being appointed. Mayor Graefe responded that it was to help alleviate staffing
issues until a CFO was appointed. Ms. Wilder pointed out that the Property Maintenance Code had not
been given an ordinance number. Clerk Dispenza replied that a number would be assigned to the
Ordinance, subsequently. Ms. Wilder requested that a copy of the Property Maintenance Code be e-
mailed to her attention. Clerk Dispenza indicated she would send the item to Ms. Wilder.

A motion by John Jimenez to Close Public Comments carried.

John Meehan reported on behalf of the Recreation Committee that the refrigerator in the park’s Snack
Bethlehem Township                                                                    October 6, 2011



Shack, which had been donated, no longer worked. The Recreation Committee is looking to purchase
a commercial refrigerator for approximately $1,200.

A motion by Paul Muir to re-open Public Comments carried.

Ellie DeRosa, president of Rolling Greens Homeowners Association, asked for clarification as to who
owns the asphalt sidewalks within the development, as they are in need of repair. Attorney Kenny
directed Ms. DeRosa to OPRA request the Developer’s Agreement from the Planning Board so that
the Association’s attorney may review and interpret it. The Association’s attorney could then reach
out to Mr. Kenny, should further clarification be needed.

A motion by John Jimenez to Close Public Comments carried.
At 9:35 pm, a motion by John Jimenez to adopt the following resolution carried.




                                        Resolution #2011.121

WHEREAS, The Open Public Meetings Act P.L. 1975, Chapter 231 permits the exclusion of the public
from a meeting in certain circumstances; and

WHEREAS, This public body is of the opinion that such circumstances presently exists; and

WHEREAS, The governing body may wish to discuss any of the following conditions; confidential
provisions of Federal Law or State Statute; information that may impair receipt of federal funding;
invasion of individual privacy; collective bargaining agreement; real property negotiations; litigation;
and, personnel and personnel policy. Minutes will be kept and once the matter involving the
confidentiality of the above no longer requires that confidentiality, then the minutes can be made
public.

              Personnel
              Contracts

NOW, THEREFORE, BE IT RESOLVED, that the public be excluded from this meeting.

                                                            ___________________________
                                                            John Graefe, Mayor
Vote: Glazar: Aye
      Jimenez: Aye
      Meehan: Aye
      Muir:    Aye
      Graefe: Aye


At 11:01 pm, a motion by Gregory Glazar to reconvene Public Session carried.

A motion by John Meehan to direct the Municipal Attorney to write up a resolution authorizing the
use of alcoholic beverages at Heritage Park on Community Day carried.
Bethlehem Township                                                                  October 6, 2011




                                    RESOLUTION #2011.119

                  AUTHORIZING THE USE OF ALCOHOLIC BEVERAGES
                  AT HERITAGE PARK DURING TOWNSHIP PICNIC AND
                             COMMUNITY DAY EVENT


        WHEREAS, the Township Picnic and Community Day Event are scheduled to take place on
October 8, 2011 at Heritage Park; and

         WHEREAS, pursuant to Section 7 of the Bethlehem Rules and Regulations for the Use of
Bethlehem Township Park and Park Facilities (the “Park Rules”), the use of alcoholic beverages in the
park is prohibited unless the Township authorizes the same; and

       WHEREAS, the Township wishes to authorize the use of alcoholic beverages during the
Township Picnic and Community Day event at Heritage Park; and

         NOW, THEREFORE, BE IT RESOLVED, pursuant to Section 7 of the Park Rules, the
Governing Body of the Township of Bethlehem, Hunterdon County, New Jersey, hereby authorizes
the use of alcoholic beverages at Heritage Park on October 8, 2011 during the Township Picnic and
Community Day event; and

         BE IT FURTHER RESOLVED that any person who wishes to consume alcoholic
beverages during the Township Picnic and/or Community Day event must be at least 21 years of age
and must bring his or her own bottle(s) to the park and shall properly dispose of said bottles upon
leaving the event.
                                                             _______________________________
                                                             John Graefe, Mayor
Vote: Glazar: Aye
       Jimenez: Aye
       Meehan: Aye
       Muir:     Aye
       Graefe: Aye

ADJOURNMENT -There being no further business, a motion by John Jimenez to adjourn the meeting
carried.

Meeting adjourned at 11:03 p.m.

Respectfully submitted,


___________________________________
Christine Dispenza, Municipal Clerk

				
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