Docstoc

TOWNSHIP OF CLINTON REGULAR MEETING May 12_ 2004 1 TABLE OF

Document Sample
TOWNSHIP OF CLINTON REGULAR MEETING May 12_ 2004 1 TABLE OF Powered By Docstoc
					                              TOWNSHIP OF CLINTON REGULAR MEETING
                                           May 12, 2004
                                                   TABLE OF CONTENTS

CALL TO ORDER: Flag Salute: Open Public Meetings Act Statement ...........................................3

ROLL CALL: .....................................................................................................................................3

PROCLAMATION: ............................................................................................................................3
    National Hunger Day

APPROVAL OF MINUTES:..............................................................................................................4
    Regular Meeting Minutes               April 14, 2004
    Executive Meeting Minutes             April 14, 2004

CONSENT:
 1. Resolution #103-04 – Authorizing the release of escrows ........................................................4
 2. Raffle License Application – Immaculate Conception Carnival – June 23-27, 2004
                         (Money Wheel) ......................................................................................4
 3. Raffle License Application – Immaculate Conception Carnival – June 23-27, 2004
                         (Games)..................................................................................................4

PUBLIC COMMENTS: ......................................................................................................................5

REPORTS: ...........................................................................................................................................6
Directors/Liaisons:
   Administrator
   Township Attorney
   Police
   Recreation

DISCUSSION:
   1. Bikepath Update.........................................................................................................................7
   2. Capital Plan................................................................................................................................7
   3. Solicitation Ordinance. ..............................................................................................................8
   4. Railroad Crossings .....................................................................................................................9




                                                                      1
                            TOWNSHIP OF CLINTON REGULAR MEETING
                                         May 12, 2004
ACTION:
  1. Introduction of Ordinance 850-04 – An Ordinance to Amend an Ordinance entitled, “An
      Ordinance to Establish Salaries, Wages and Compensation Ranges for Non-Contractual
      Officials and Employees of the Township of Clinton, County of Hunterdon, State of New
      Jersey and setting the public hearing for June 9, 2004 ............................................................21
  2. Introduction of Ordinance 851-04 – An Ordinance Establishing Chapter 170 Entitled,
      “Electronic Devices” of The Code of the Township of Clinton, 2003, as Heretofore
      Supplemented and Amended is hereby supplemented and amended and setting the public
      hearing for June 9, 2004.............................................................................................................9
  3. Resolution #104-04 – Granting regular employment Status to Sarah Lamonaco ...................11
  4. Resolution #105-04 – Accepting the resignation of Patrolman John McGourty.....................12
  5. Resolution #106-04 – Authorizing the hire of Christopher Weaver as Patrolman 5th Class ...12
  6. Resolution #107-04 – Terminating the employment of Debra VanNatta................................13
  7. Resolution #108-04 – Accepting the Valic Program for Deferred Compensation ..................14
  8. Resolution #109-04 – Accepting the Legal Program for Clinton Township Employees ........14
  9. Resolution #110-04 – Authorizing the execution of a License Agreement with
                             ExxonMobil ........................................................................................15
  10. Resolution #111-04 – Authorizing the execution of an Assignment Agreement relative to
                             the contract with D. A. Spagna, Inc. ....................................................17
  11. Resolution #112-04 – Suspension of pay for Joseph Nuzzo, Construction Official ...............18

VOUCHERS: Motion .........................................................................................................................19

OTHER BUSINESS: .........................................................................................................................20

PUBLIC PETITIONS AND COMMENTS:....................................................................................20

EXECUTIVE SESSION: Resolution #113-04..................................................................................20

RETURN TO OPEN SESSION:.......................................................................................................21

PUBLIC PETITIONS AND COMMENTS:....................................................................................24

ADJOURNMENT ..............................................................................................................................25




                                                                  2
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004
CALL TO ORDER:

Mayor Borkowski called the meeting to order at 7:30 PM.

OPEN PUBLIC MEETINGS ACT STATEMENT: Mayor Borkowski gave the statement of
adequate notice. The annual meeting notice is on file in the Office of the Municipal Clerk for
public inspection.

       ROLL CALL:            Councilwoman Mataka                  Present
                             Councilwoman Malaker                 Present
                             Councilwoman Doyle                   Present
                             Council President Kacedon            Present
                             Mayor Borkowski                      Present

                             John E. Coley, Esq.                  Present
                             Gail W. McKane, RMC                  Present
                             Paul W. Ferriero, PE, CME            Present


PROCLAMATION:
    National Hunger Day

Mayor Borkowski read the following proclamation.

        WHEREAS, hundreds of thousands of citizens nationwide face increasing difficulties
feeding their families. Therefore, we join with the NORWESCAP Food Bank, the regional food
bank, in support of America’s Second Harvest’s National Hunger Awareness campaign to feed
hungry children.

        WHEREAS, 35 million Americans are not even sure where they will get their next meal.
Tough economic times are forcing many more of our neighbors into soup kitchens, pantries and
shelters.

        WHEREAS, the NORWESCAP Food Bank, the largest hunger-relief organization in
Hunterdon, Sussex and Warren Counties, has seen a large increase in demand for food,
particularly among families with children; and

       WHEREAS, June 4, 2004, has been designated “National Hunger Awareness Day” and
the NORWESCAP Food Bank, along with food banks across the country, have launched a
national campaign to secure additional resources to help ease child hunger; and

       WHEREAS, additional donations, funding or volunteer support generated by this call to
action will benefit residents in Hunterdon, Sussex and Warren Counties who are at risk of
hunger; and

       WHEREAS, this campaign will provide valuable food resources to those in need to
reduce hunger within our community.

                                               3
                   TOWNSHIP OF CLINTON REGULAR MEETING
                                May 12, 2004
       NOW, THEREFORE, I, Thomas Borkowski, Mayor of the Township of Clinton,
County of Hunterdon, State of New Jersey, do hereby proclaim Tuesday, June 4, 2004, to be
“National Hunger Awareness Day”, and I encourage the citizens and businesses of this
community to join me in supporting the NORWESCAP Food Bank’s efforts to alleviate hunger
and improve access to nutritional food for hungry children.


APPROVAL OF MINUTES:
    Regular Meeting Minutes               April 14, 2004
    Executive Meeting Minutes             April 14, 2004

Mayor Borkowski introduced the matter.

MOTION was offered by Councilwoman Doyle to approve the regular and executive minutes of
April 14, 2004. Seconded by Council President Kacedon. There being no discussion, a voice
vote was called. All ayes. Motion carried.


CONSENT:

Mayor Borkowski introduced the matter.

MOTION was offered by Councilwoman Doyle to approve the consent agenda. Seconded by
Council President Kacedon. There being no discussion, a voice vote was called. All ayes.
Motion carried.


Consent #1
      Resolution #103-04 – Authorizing the release of escrows

      BE IT RESOLVED that certain performance guarantees and escrows have been
recommended by the Planning Board and Township Engineer to be released,

       NOW, THEREFORE BE IT RESOLVED that the following refunds be issued:

Amount        Block/Lot      Street Address        Applicant    Type of Permit
$452.50       71/19         39 River Bend Rd       Buriak       Road Opening Escrow


Consent #2
      Raffle License Application – Immaculate Conception Carnival – June 23-27, 2004
      (Money Wheel)


Consent #3
      Raffle License Application – Immaculate Conception Carnival – June 23-27, 2004
      (Games)

                                               4
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004

PUBLIC COMMENTS:

Chris Kemprowski, 25 River Bend, Deer Meadow, commented for the last two years he and his
neighbors have had former Councilman Carstensen to help fight the Town of Clinton’s proposed
Moebus Place (Ansuya) Development. He stated he personally challenged the zoning ordinance
relative to this project. Mr. Dembrowski advised two weeks ago, the Town of Clinton BOA took
away the neighborhood’s 75 foot buffer. Mr. Dembrowski requested assistance from the Council
in regaining the 75 foot buffer zone.

Mr. Coley agreed to review Mr. Dembrowski’s lawsuit and will give an opinion to Council.

Council President Kacedon also asked if Councilwoman Doyle would assist. She indicated in
the affirmative.

Sharon Shannon, 4 Chalfonte Drive, asked about the Josephine Mitchell School and wondered,
rather than purchasing this building, why the new firehouse is not being used for recreational and
community purposes. She commented she felt the Josephine Mitchell School also could be a
major insurance risk, as well as a financial drain on the Township.

Stewart Gage, indicated his support for purchasing the Josephine Mitchell School.

Leon Marucchi, Recreation Commission member, discussed the benefits of purchasing the
Josephine Mitchell School to the community.

John Kilduff, Recreation Commission Chairman, thanked the Mayor and Council, Administrator,
Finance Department, Township Engineer and Police for pulling together required information in
a very tight time frame to research purchasing the Josephine Mitchell School. He indicated he
would like to see environmental testing done quickly to determine what issues truly exist.
Mr. Kilduff further explained the positive elements of the building. He expressed concern
regarding the Little Red School House since it is located on the same property as the Josephine
Mitchell School.

Peter Brennan asked about the impact of the Highlands legislation.

Mayor Borkowski replied Council passed a resolution at the last meeting expressing concerns
about the legislation. He explained the issues surrounding a regional commission appointed by
the Governor charged with implementing this legislation.

Mr. Brennan indicated Clinton Township is partially in the preservation zone, and this might
give the Township a choice whether to participate or not.

Council President Kacedon stated he recently attended a presentation; and that in fact, the
Township would not have a choice. He expressed further concern that the Township could be
forced to build housing it does not want.




                                                5
                      TOWNSHIP OF CLINTON REGULAR MEETING
                                   May 12, 2004
REPORTS:

Directors/Liaisons:

Council President Kacedon:
None

Councilwoman Doyle:
Councilwoman Doyle stated she and Council President Kacedon attended a meeting at
Hunterdon Area Rural Transit concerning the proposed park and ride. She added she and
Council President Kacedon would be attending a meeting at the Department of Transportation in
Trenton the following day (May 13, 2004).

Administrator McKane stated she had received the requested traffic information from the DOT’s
engineer and referred the data to Raymond Keyes for their review and opinion.

Councilwoman Malaker:
None

Councilwoman Mataka:
None

Administrator McKane:
Administrator McKane reported on the status of farmland preservation, stating the Township’s
application to the program had been ranked fourth in the State.

Ms. McKane stated she received a fax earlier that day from the North Hunterdon-Voorhees
School District advising a meeting has been scheduled for Friday, May 14, 2004, at 11:00 a.m.
She noted she also received a sample resolution from High Bridge for $1,000,000 cuts to the
budget. Ms. McKane added the deadline is May 19, and all municipalities must vote
unanimously.

Mayor Borkowski discussed the budget process for the School District.

Council President Kacedon agreed to attend the Friday meeting.

Township Attorney
Mr. Coley stated he met with Applied Wastewater Management in an effort to work out an
agreement concerning Twin Oaks, which he felt confident would be finalized shortly.


Police:
Chief Clancy reported he had two officers leaving, one resigning and one reporting for active
duty. He requested authorization to backfill one position.

Council authorized the replacement of Officer McGourty.



                                               6
                      TOWNSHIP OF CLINTON REGULAR MEETING
                                   May 12, 2004
Recreation:
Tom Silvia advised Council concerning issues with the skate park. He explained litter has
become a problem, hours of operation have been cut back, and two part-time employees are
monitoring the park.


DISCUSSION:

Discussion Item #1
       Bikepath Update

Mayor Borkowski introduced the matter.

Mr. Ferriero indicated he would like to move forward to go out to bid for this project. He
explained the project would conclude at River Road. Mr. Ferriero discussed the Pastuck
property on Hamden Road. He stated approximately .45 acres would be required from this
property for the bikepath. Mr. Ferriero advised Mrs. Pastuck requested a retaining wall rather
than the proposed grading. He presented renderings of the proposed wall. Mr. Ferriero indicated
Mrs. Pastuck has a copy of the plan for the proposed wall, and her reaction was generally
positive.

Mr. Ferriero requested authorization to prepare bid specifications for the project.

Council President Kacedon asked who would maintain the wall after construction.

Mr. Ferriero stated the Township would be responsible.

Council authorized Mr. Ferriero to prepare bid specifications for this project.


Discussion Item #2
       Capital Plan

Mayor Borkowski introduced the matter.

CFO, Al Steinberg, and Administrator, Gail McKane, presented the proposed capital plan for the
next five years. Mr. Steinberg stated, with the discussions taking place regarding the Josephine
Mitchell School, it is prudent for Council to look at an overall plan at this time.

Ms. McKane indicated Mr. Ferriero has submitted a document with recommended road
improvements for the next two years.

Mr. Ferriero explained the road inventory is about 50% complete, and further spoke about the
ranking scale for proposed work.

Councilwoman Doyle questioned whether the request of the Fire Department for equipment was
verified as being necessary.

                                                 7
                     TOWNSHIP OF CLINTON REGULAR MEETING
                                  May 12, 2004
Mr. Steinberg and Mr. Ferriero discussed how much per year would be required for roads.

Mr. Ferriero stated he is forecasting approximately one million dollars per year in road work.

Mayor Borkowski questioned the capital plan for Public Works.

Ms. McKane explained the age of the trucks; 5 are 15 years old or older, and 2 are more than 20
years old.

Council President Kacedon explained the Township has over 100 miles of road to maintain; and
unfortunately the Township does not have enough manpower or vehicles and equipment for the
Public Works Department.

Mayor Borkowski explained the purpose of reviewing the capital plan is to come up with an
overall spending plan for the Township for the next five years. He further stated the Township is
not voting at this time to spend any funds.

Ms. McKane reviewed future technology needs.

Mr. Steinberg elaborated on the document retention requirements and the expense entailed in
safeguarding records according to State law.

Councilwoman Malaker questioned the contingency amount for the Route 31 Municipal
Building.

Mr. Steinberg and Ms. McKane explained that an architect would need to be hired to supervise
renovations. They also reiterated there are several items that need repair in this building, such as
the roof, HVAC system, peeling stucco, etc.


Discussion Item #3
       Solicitation Ordinance

Mayor Borkowski introduced the matter.

Mr. Coley asked to move this item to executive session.




                                                 8
                     TOWNSHIP OF CLINTON REGULAR MEETING
                                  May 12, 2004
Discussion Item #4
       Railroad Crossings

Mayor Borkowski introduced the matter.

Mr. Ferriero stated he had been asked to revisit the issue of quiet zones. He stated the crossing
on Old Mountain Road would be a possibility for upgrade at a cost of $400,000 to $500,000.
Mr. Ferriero stated Kiceniuk Road would cost between $250,000 and $300,000 to upgrade.


ACTION:

Action Item #1
       Introduction of Ordinance #850-04 - An Ordinance to Amend an Ordinance entitled, “An
       Ordinance to Establish Salaries, Wages and Compensation Ranges for Non-Contractual
       Officials and Employees of the Township of Clinton, County of Hunterdon, State of New
       Jersey, and setting the public hearing June 9, 2004

Mayor Borkowski introduced the matter.

This matter was moved to executive session. Action was taken at the end of the meeting.


Action Item #2
       Introduction of Ordinance #851-04 – An Ordinance Establishing Chapter 170 Entitled,
       “Electronic Devices” of The Code of the Township of Clinton, 2003, as Heretofore
       Supplemented and Amended, is hereby supplemented and amended, and setting the
       public hearing for June 9, 2004.

Mayor Borkowski introduced the matter.

Mayor Borkowski asked if the School Board had been advised this ordinance was being
considered.

Councilwoman Malaker questioned the ordinance. Mr. Coley explained the ordinance for
Ms. Malaker.

Mrs. Malaker reiterated she felt the ordinance needed work.

MOTION was offered by Councilwoman Doyle to adopt Ordinance #851-04 on first reading and
setting the public hearing for June 9, 2004. Seconded by Councilwoman Malaker. There being
no further discussion, the roll was called. Motion carried.

               Roll Call:             Councilwoman Mataka           Yes
                                      Councilwoman Malaker          Yes
                                      Councilwoman Doyle            Yes
                                      Council President Kacedon     Yes
                                      Mayor Borkowski               Yes
                                                 9
                     TOWNSHIP OF CLINTON REGULAR MEETING
                                  May 12, 2004

                                     ORDINANCE 851-04

                  AN ORDINANCE ESTABLISHING CHAPTER 170
               ENTITLED “ELECTRONIC DEVICES” OF THE CODE OF
                 THE TOWNSHIP OF CLINTON, ADOPTED 2003, AS
                HERETOFORE SUPPLEMENTED AND AMENDED, IS
                    HEREBY SUPPLEMENTED AND AMENDED.

      BE IT ORDAINED, by the Township Council of the Township of Clinton, in the
County of Hunterdon, and State of New Jersey, as follows:

CHAPTER 170 – ELECTRONIC DEVICES

       1.      The Code of the Township of Clinton, adopted 2003, as heretofore supplemented
and amended, is hereby supplemented and amended to add a new Chapter 170, entitled
“Electronic Devices,” as follows:

       170-1            Purpose. The purpose of this Chapter is to safeguard against invasions of
privacy by prohibiting the use of electronic devices throughout certain locations within public
buildings and facilities.

      170-2         Definitions. As used in this chapter, the following terms shall have the
meanings indicated:

       WIRELESS COMMUNICATION DEVICE – Any device utilizing radio signals or
       electronically generated transmissions for the purpose of one-way or two-way
       communication.

       ELECTRONIC DEVICE – Any device that requires a battery, rechargeable battery or
       electrical wire to connect to an outlet that provides electricity.

       PHOTOGRAPHIC EQUIPMENT – Any device that can record an image, likeness, or
       representation.

       AUDIO EQUIPMENT – Any device that can record a noise, communication or sound.

       MUNICIPAL BUILDING – Any physical location rented, leased or owned by a political
       subdivision of the State of New Jersey.

       EDUCATIONAL BUILDING – Any physical location rented, leased or owned by an
       entity governed by N.J.S.A. 18A:1-1 et seq.

       PARK – A park, reservation, playground, swimming pool, recreation center or any other
       public area in the Township owned or used by the Township and devoted to active or
       passive recreation.



                                                10
                     TOWNSHIP OF CLINTON REGULAR MEETING
                                  May 12, 2004
        170-3         Prohibited Conduct. The use of a wireless communication device,
photographic equipment, digital equipment or other electronic device utilized to acquire, capture
or generate a photographic image or audio recording is prohibited within the locations defined in
section 170-4.

        170-4          Prohibited Locations. Prohibited locations shall include all municipal
offices, police department, court room, restrooms within both educational buildings and
municipal public buildings, facilities located at public parks or other recreational buildings,
which are utilized for disrobing, showering, and changing attire.

       170-5            Exception. A law enforcement official performing an investigation of any
criminal activity shall be excluded from the provisions of this Chapter.

        170-6          Violations. Penalties. Any person violating the provisions of this section
shall, upon conviction, be liable to the penalty stated in section 1-17 of this codification.

       2.      This ordinance shall take effect immediately upon final passage and publication
according to law.


Action Item #3
       Resolution #104-04 – Granting regular employment status to Sarah Lamonaco

Mayor Borkowski introduced the matter.

MOTION was made by Council President Kacedon to adopt Resolution #104-04 granting regular
employment status to Sarah Lamonaco. Seconded by Councilwoman Doyle. There being no
further discussion, the roll was called. Motion carried.

       ROLL CALL:              Councilwoman Mataka                   Yes
                               Councilwoman Malaker                  Yes
                               Councilwoman Doyle                    Yes
                               Council President Kacedon             Yes
                               Mayor Borkowski                       Yes

      WHEREAS, Sarah Lamonaco has completed one year of employment with the
Township of Clinton effective April 23, 2004; and

       WHEREAS, Ms. Lamonaco has performed her job duties in an exemplary manner and
possesses the necessary skills to be removed from probation; and

        WHEREAS, Police Chief, Stephen E. Clancy, requests Mayor and Council take action to
grant regular status to Ms. Lamonaco.

        NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township
of Clinton, County of Hunterdon, State of New Jersey, that the recommendation of Chief Clancy
is hereby accepted and approved.

                                                 11
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004


Action Item #4
       Resolution #105-04 – Accepting the resignation of Patrolman John McGourty

Mayor Borkowski introduced the matter.

MOTION was made by Council President Kacedon to adopt Resolution #105-04 accepting the
resignation of Patrolman John McGourty. Seconded by Councilwoman Doyle. There being no
further discussion, a voice vote was called. All ayes. Motion carried.

       WHEREAS, Officer John McGourty has resigned his position effective on or about May
31, 2004; and

       WHEREAS, the Mayor and Council have accepted this resignation; and

     WHEREAS, the Mayor and Council wish to express their appreciation to Officer
McGourty for his service to the Township.

        NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township
of Clinton, County of Hunterdon, State of New Jersey, that Officer McGourty’s resignation is
accepted.


Action Item #5
       Resolution #106-04 – Authorizing the hire of Christopher Weaver as Patrolman 5th Class

Mayor Borkowski introduced the matter.

MOTION was made by Councilwoman Doyle to adopt Resolution #106-04. Seconded by
Council President Kacedon. There being no further discussion, the roll was called. Motion
carried.

       ROLL CALL:            Councilwoman Mataka                 Yes
                             Councilwoman Malaker                Yes
                             Councilwoman Doyle                  Yes
                             Council President Kacedon           Yes
                             Mayor Borkowski                     Yes

      WHEREAS, there exists a vacancy in the position of Patrolman 5th Class in the Police
Department; and

      WHEREAS, Chief Stephen Clancy and the Police Committee have conducted a detailed
examination process with the interviewing of top candidates; and

      WHEREAS, Chief Clancy recommends that Christopher Weaver be hired as Patrolman
 th
5 Class with the Clinton Township Police Department at an annual salary of $42,711, and


                                              12
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004
        WHEREAS, Mr. Weaver will be subject to the probationary period of one year as set
forth in the Township Personnel Manual, with appointment contingent on his successful
completion of the required physical examination, psychological evaluation and background
investigation and verification of all statutory requirements for such appointment.

        NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township
of Clinton, County of Hunterdon, State of New Jersey, that the recommendation of Chief of
Police, Stephen Clancy, be and hereby is accepted and approved and Christopher Weaver is hired
as Patrolman 5th Class in the Police Department at an annual salary of $42,711 effective on or
about June 1, 2004.


Action Item #6
       Resolution #107-04 – Terminating the employment of Debra VanNatta

Mayor Borkowski introduced the matter.

MOTION was made by Councilwoman Doyle to adopt Resolution #94-04 terminating Debra
VanNatta. Seconded by Council President Kacedon There being no further discussion, the roll
was called. Motion carried.

       ROLL CALL:            Councilwoman Mataka                  Yes
                             Councilwoman Malaker                 Yes
                             Councilwoman Doyle                   Yes
                             Council President Kacedon            Yes
                             Mayor Borkowski                      Yes


       WHEREAS, Debra VanNatta, a/k/a Debra Carstens, was employed as a Detective in the
Clinton Township Police Department; and

       WHEREAS, the said Detective has been on leave since February, 2003; and

        WHEREAS, the said Detective alleges that she is incapacitated and unable to return to
duty in the foreseeable future; and

        WHEREAS, a Township Council hearing to determine the said Detective’s employment
status was scheduled for May 12, 2004; and

       WHEREAS, the said Detective has waived her right to a hearing; and

        WHEREAS, the said Detective has agreed to have her employment terminated on the
basis of her incapacity, without liability to the Township; and

       WHEREAS, the said Detective has executed an Agreement to that effect,

      NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Township of Clinton, County of Hunterdon, State of New Jersey, as follows:

                                              13
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004

       1. Detective Debra VanNatta, a/k/a Debra Carstens, is terminated this day, May 12,
          2004, as a Detective in the Clinton Township Police Department.

       2. All benefits being paid to or on behalf of Detective VanNatta will cease as of May 12,
          2004.

       3. The Mayor and Township Clerk are authorized to execute the aforesaid Agreement
          terminating the said Detective’s employment.


Action Item #7
       Resolution #108-04 – Accepting the Valic Program for Deferred Compensation

Mayor Borkowski introduced the matter.

Councilwoman Malaker questioned the purpose of the Valic Program. She maintained the
resolution was vague and asked the cost to the Township.

Mr. Steinberg explained the program and its benefits to employees, and the fact that this program
is at no cost at all to the Township.

Mr. Coley pointed out the Resolution states there is no cost to the Township.

MOTION was made by Council President Kacedon to adopt Resolution #108-04 accepting the
Valic Program. Seconded by Councilwoman Doyle. There being no further discussion, the roll
was called. Motion carried.

       ROLL CALL:             Councilwoman Mataka                  No
                              Councilwoman Malaker                 No
                              Councilwoman Doyle                   Yes
                              Council President Kacedon            Yes
                              Mayor Borkowski                      Yes


Action Item #8
       Resolution #109-04 – Accepting the Pre-Paid Legal Services Program

Mayor Borkowski introduced the matter.

Councilwoman Malaker questioned this program and the cost to the Township.

Ms. McKane and Mr. Coley explained this program is voluntary and also no cost to the
Township.




                                               14
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004
MOTION was made by Council President Kacedon to adopt Resolution #109-04 accepting the
Pre-Paid Legal Services. Seconded by Councilwoman Doyle. There being no further discussion,
the roll was called. Motion carried.

       ROLL CALL:             Councilwoman Mataka                  Yes
                              Councilwoman Malaker                 Yes
                              Councilwoman Doyle                   Yes
                              Council President Kacedon            Yes
                              Mayor Borkowski                      Yes

       WHEREAS, it may be advantageous for employees to have available to them a Pre-Paid
Legal Services Program; and

        WHEREAS, the Township Administrator and Chief Finance Officer have researched
this Plan and wish to make this program available to those employees desiring it; and

       WHEREAS, there is no cost to the Township to provide such an option to its employees;
and

       WHEREAS, the Mayor and Council of the Township of Clinton wish to adopt this
voluntary plan for the benefit of Township employees.

        NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township
of Clinton, in the County of Hunterdon, State of New Jersey, that the Pre-Paid Legal Services
Plan is hereby adopted, and shall be included in the benefits section of the Personnel Policies of
the Township.

       BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are hereby
authorized to execute all applicable documents necessary to implement this plan.


Action Item #9
       Resolution #110-04 – Authorizing the execution of an License Agreement with
                            ExxonMobil

Mayor Borkowski introduced the matter.

Councilwoman Malaker had questions about the agreement and wondered about the size of the
equipment being used.

Mr. Coley explained the Resolution to Councilwoman Malaker, stating this is simply an
amendment to an existing agreement.




                                               15
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004
MOTION was made by Councilwoman Doyle to adopt Resolution #110-04 authorizing the
execution of a License Agreement with ExxonMobil. Seconded by Councilwoman Malaker.
There being no further discussion, the roll was called. Motion carried.

       ROLL CALL:            Councilwoman Mataka                 Yes
                             Councilwoman Malaker                Yes
                             Councilwoman Doyle                  Yes
                             Council President Kacedon           Yes
                             Mayor Borkowski                     Yes




Note: This agreement is attached to the back of these minutes.




                                              16
                   TOWNSHIP OF CLINTON REGULAR MEETING
                                May 12, 2004
Action Item #10
       Resolution #111-04 – Authorizing the execution of an Assignment Agreement relative to
                            the contract with D. A. Spagna, Inc.

Mayor Borkowski introduced the matter.

MOTION was made by Council President Kacedon to adopt Resolution #111-04 authorizing the
execution of an Assignment Agreement for the contract with Spagna. Seconded by
Councilwoman Doyle. There being no further discussion, the roll was called. Motion carried.

       ROLL CALL:           Councilwoman Mataka                 Yes
                            Councilwoman Malaker                Yes
                            Councilwoman Doyle                  Yes
                            Council President Kacedon           Yes
                            Mayor Borkowski                     Yes




                                             17
                   TOWNSHIP OF CLINTON REGULAR MEETING
                                May 12, 2004




Action Item #11
       Resolution #112-04 – Suspension of pay for Joseph Nuzzo, Construction Official

Mayor Borkowski introduced the matter.

                                             18
                   TOWNSHIP OF CLINTON REGULAR MEETING
                                May 12, 2004

MOTION was made by Council President Kacedon to adopt Resolution #112-04 suspending pay
for Joseph Nuzzo. Seconded by Councilwoman Doyle. There being no further discussion, the
roll was called. Motion carried.

       ROLL CALL:           Councilwoman Mataka                 Yes
                            Councilwoman Malaker                Yes
                            Councilwoman Doyle                  Yes
                            Council President Kacedon           Yes
                            Mayor Borkowski                     Yes

        WHEREAS, Joseph Nuzzo is employed as the Clinton Township Construction Code
Official; and

       WHEREAS, on April 5, 2004, the said Official was suspended until further notice; and

       WHEREAS, the said suspension included three days without pay, the remainder of the
suspension being with pay; and

       WHEREAS, the said Official is currently suspended with pay; and

       WHEREAS, a settlement agreement has been prepared regarding the said Official’s
termination; and

      WHEREAS, said settlement agreement will provide for the payment of certain financial
compensation upon execution of the same; and

       WHEREAS, the said Official has not executed said settlement agreement,

      NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Township of Clinton, County of Hunterdon, State of New Jersey, as follows:

       1. Joseph Nuzzo is suspended without pay from the position of Construction Code
          Official until such time as a settlement agreement between Mr. Nuzzo and the
          Township of Clinton regarding his termination is executed.
       2. This Resolution shall take effect Monday, May 17, 2004.


VOUCHERS:

Mayor Borkowski introduced the matter.

MOTION was offered by Council President Kacedon approving the check control registers dated
April 28, 2004 totaling $2,446,630.50 Seconded by Councilwoman Doyle. There being no
discussion, the roll was called. Motion carried.




                                             19
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004
       ROLL CALL:            Councilwoman Mataka                  Abstain
                             Councilwoman Malaker                 Yes
                             Councilwoman Doyle                   Yes
                             Council President Kacedon            Yes
                             Mayor Borkowski                      Yes


OTHER BUSINESS:
None


PUBLIC PETITIONS AND COMMENTS:
None


EXECUTIVE SESSION:

Resolution #113-04 – Authorize an Executive Session

Mayor Borkowski stated that there was a need for an executive session at 9:10 PM to discuss the
matters listed by resolution.

MOTION was offered by Council President Kacedon to adopt Resolution #113-04. Seconded by
Councilwoman Doyle. There being no discussion, a voice vote was called. All ayes. Motion
carried.

       WHEREAS, Section 8 of the Open Public Meetings Act (NJSA 10:4-12 (b) (1-9)
permits the exclusion of the public from a meeting in certain circumstances; and,

       WHEREAS, the Township Council is of the opinion that circumstances exist, and

        NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Clinton, County of Hunterdon, and State of New Jersey as follows:

       1. The public shall be excluded from discussion of and action on a closed session on
          May 12, 2004
       2. The general nature of the subject matter to be discussed is:
                     Litigation
                     • AWWM/Clinton Hills
                     • SJM
                     Potential Litigation
                     • 5 Roosevelt Place
                     • Solicitation Ordinance
                     • RCA
                     Contract Negotiations
                     • Josephine Mitchell School/Little Red Schoolhouse
                     Personnel

                                              20
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004
                       • Salaries
       3. It is anticipated at this time that the above stated subject matter will be made public as
          soon thereafter as it is deemed to be in the public interest to do so.
       4. This resolution shall take effect immediately.
       5. Action may be taken in open session.

RETURN TO OPEN SESSION:

MOTION was offered by Council President Kacedon to conclude the executive session
(10:10 p.m.) and return to open session. Seconded by Councilwoman Doyle. A voice vote was
called. All ayes. Motion carried.

Action Item #1
       Introduction of Ordinance #850-04 - An Ordinance to Amend an Ordinance entitled, “An
       Ordinance to Establish Salaries, Wages and Compensation Ranges for Non-Contractual
       Officials and Employees of the Township of Clinton, County of Hunterdon, State of New
       Jersey, and setting the public hearing for June 9, 2004

Mayor Borkowski introduced the matter.

MOTION was offered by Council President Kacedon to adopt Ordinance #850-04 at first
reading and set the public hearing for June 9, 2004. Seconded by Councilwoman Doyle. There
being no further discussion, the roll was called. All ayes. Motion carried.

              Roll Call:              Councilwoman Mataka            No
                                      Councilwoman Malaker           No
                                      Councilwoman Doyle             Yes
                                      Council President Kacedon      Yes
                                      Mayor Borkowski                Yes




                                                21
                   TOWNSHIP OF CLINTON REGULAR MEETING
                                May 12, 2004
                                    ORDINANCE 850-04

 AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED “AN ORDINANCE TO
  ESTABLISH SALARIES, WAGES AND COMPENSATION RANGES FOR NON-
    CONTRACTUAL OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF
      CLINTON, COUNTY OF HUNTERDON, STATE OF NEW JERSEY”

BE IT ORDAINED, BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF CLINTON IN
THE COUNTY OF HUNTERDON, STATE OF NEW JERSEY, AS FOLLOWS:

1) THAT SECTIONS 4 AND 5 OF THE ORDINANCE, THE TITLE OF WHICH IS
   RECITED IN THE TITLE OF THIS ORDINANCE, BE AND THE SAME IS HEREBY
   AMENDED TO READ AS FOLLOWS:

                      POSITION                          MINIMUM      MAXIMUM
            Mayor                                   $    4,000.00   $ 5,500.00
            Council Members                         $    3,500.00   $ 4,750.00

Grade 17:                                           $ 86,188.00     $ 110,000.00
            Administrator
            Administrator / Clerk

Grade 16:                                           $ 78,175.00     $ 99,773.00
            Police Chief

Grade 15:                                           $ 70,907.00     $ 90,497.00
            Police Lieutenant

Grade 14:                                           $ 64,314.00     $ 82,084.00
            Construction Code / Subcode Official
            Public Works Manager
            Director of Finance (CFO)
            Information Technology Manager

Grade 12:                                           $ 52,900.00     $ 67,530.00
            Tax Assessor
            Recreation Director
            Assistant Construction Code / Subcode

Grade 11:                                           $ 47,993.00     $ 61,252.00
            Municipal Clerk
            Building Subcode Official
            Plumbing Subcode Official
            Electrical Subcode Official
            Fire Subcode Official




                                            22
                    TOWNSHIP OF CLINTON REGULAR MEETING
                                 May 12, 2004
                         POSITION                        MINIMUM       MAXIMUM
Grade 10:                                               $ 43,531.00   $ 55,557.00
             Tax Collector
             Planning Board / BOA Administrator
             UCC Code Inspector
             Recreation Supervisor

Grade 9:                                                $ 39,484.00   $ 50,393.00
             Zoning Officer / Field Inspector
             Assistant Treasurer

Grade 8:                                                $ 35,813.00   $ 45,708.00
             Deputy Municipal Clerk
             Control Person (TACO)
             Police Administration Secretary
             Police Computer Administrator

Grade 7:                                                $ 32,484.00   $ 41,458.00
             Administration Assistant / Secretary
             Field Inspector/Technical Support

Grade 6:                                                $ 29,464.00   $ 37,604.00
             Tax Assistant
             Payroll Clerk
             Planning Board / BOA Admin. Asst.
             Recreation Coordinator
             Board of Health Secretary/Admin. Asst.

Grade 5:                                                $ 26,785.00   $ 34,108.00
             Police Receptionist / Secretary
             Administration Receptionist / Secretary
             Recreation Secretary / Bookkeeper

Hourly:                                                 $      6.50   $     50.00
Part Time:                                              $ 18,000.00   $ 40,000.00
             Clerical, Secretarial, Sub Code Officials,
             Fire Safety Inspectors, UCC Code Inspector,
             Police Officers, Special Police Officers,
             Building Maintenance, Janitorial, Grounds
             Maintenance, Truck Drivers, General Laborer,
             Dog Canvasser, Recreation, Tax Assessment
             Field Inspector, Recording Secretary/
             Stenographer




                                                23
                  TOWNSHIP OF CLINTON REGULAR MEETING
                               May 12, 2004
                       POSITION                   MINIMUM     MAXIMUM
Seasonal:
            Summer Recreation Director        $    5,000.00   $   7,000.00
            Teachers/Coordinators             $    1,000.00   $   2,000.00
            Nurse                             $    1,500.00   $   2,000.00
            Senior Counselors                 $      500.00   $   1,500.00
            Counselors                        $      500.00   $   1,000.00
            Substitute Counselors             $      500.00   $   1,000.00

2) THE ABOVE SALARY RANGES DO NOT NECESSARILY ENCOMPASS (AT
   PRESENT OR IN THE FUTURE) ACTUAL SALARIES, WAGES AND
   COMPENSATION OF ALL NON-CONTRACTUAL EMPLOYEES. THE MAYOR AND
   TOWNSHIP COUNCIL RECOGNIZE, FROM A 2002 SALARY SURVEY REPORT,
   ACTUAL SALARIES, WHICH ARE SET BY RESOLUTION, MAY FALL OUTSIDE OF
   THE RANGES ESTABLISHED HEREIN. IT IS THE INTENT TO BRING ALL
   SALARIES, WAGES AND COMPENSATION OF ALL NON-CONTRACTUAL
   EMPLOYEES WITHIN THE APPROPRIATE GRADE RANGE WITHIN A
   REASONABLE PERIOD OF TIME. AT PRESENT NO EMPLOYEE EXCEEDS THE
   MAXIMUM RANGES SET FORTH ABOVE NOR WILL AN EMPLOYEE EXCEED
   SUCH MAXIMUM IN THE SALARY RESOLUTION TO BE ADOPTED.

3) CURRENTLY, THE SALARIES WHICH PRESENTLY FALL OUTSIDE THE ABOVE
   RANGES AND WHICH MAY CONTINUE TO FALL BELOW THE ABOVE RANGES
   ONCE THE SAID SALARY RESOLUTION IS ADOPTED ARE:
      GRADE             POSITION                  MINIMUM
        17           Administrator/Clerk           $ 77,000.00
         8           Control Person (TACO)           32,550.00

4) THE WITHIN ORDINANCE SHALL TAKE EFFECT UPON ADOPTION AND
   PUBLICATION IN ACCORDANCE WITH NEW JERSEY LAW.


PUBLIC PETITIONS AND COMMENTS
None




                                         24
                  TOWNSHIP OF CLINTON REGULAR MEETING
                               May 12, 2004
MOTION TO ADJOURN:

MOTION was offered by Councilwoman Doyle to adjourn at 10:30 PM. Seconded by Council
President Kacedon. Motion carried on voice vote.

ATTEST:



_____________________________          ________________________________
Gail W. McKane, RMC                    Mayor Thomas Borkowski

Adopted: June 9, 2004




                                         25

				
DOCUMENT INFO