Minutes - 2012

MILFORD BOROUGH COMMON COUNCIL REORGANIZATION MEETING DATE: JANUARY 3, 2012

CALL TO ORDER The Reorganization meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on January 3, 2012. The meeting was called to order by Mayor James Gallos at 6:30PM. SUNSHINE PROCLAMATION was read by Mayor James A. Gallos. As required by the Open Public Meetings Act of 1975, adequate notice of this meeting was provided on December 8, 2011 in the Hunterdon County Democrat and in the Express Times newspapers. Notices were also posted on the bulletin boards both inside and outside the Municipal Building and at the Milford Public Library. PLEDGE OF ALLEGIANCE was led by Mayor James Gallos. OATHS OF OFFICE Oaths of Office were administered to the following officials: Borough Attorney : Todd Bolig, Esq. Mayor : James A. Gallos Council Members

: Vincent Bigley : Donald Pursell : John Phillips : William Pursell

Fire Chief

Zoning Officer

ROLL CALL PRESENT: Mayor, James A. Gallos

Council members: Russell Bigley, Carole Heller, Noralie LaFevre John Phillips, Donald Pursell, George Sniffin

Record reflects the presence of: Todd Bolig, Esq. ELECTION OF COUNCIL PRESIDENT 2011

Mayor Gallos asked for nominations for Council President. Councilman Bigley nominated Donald Pursell as Council President. Seconded by Councilman Pursell. All in Favor - AYES: R. Bigley, D. Pursell

NAYS: C. Heller, N. LaFevre, J. Phillips, G. Sniffin ABSTAIN: None ABSENT: None Motion was defeated. Councilman Pursell nominated Noralie LaFevre as Council President. Councilwoman LaFevre declined the nomination. Councilwoman LaFevre nominated George Sniffin as Council President. Seconded by Carole

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Heller. All in Favor - AYES: R. Bigley, C. Heller, N. LaFevre, J. Phillips, D. Pursell NAYS: None ABSTAIN: G. Sniffin ABSENT: None Motion was approved.

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2012 COUNCIL COMMISSION ASSIGNMENTS

MAYOR JAMES A. GALLOS SECURITY/ADMINISTRATION COUNCIL MEMBERS JOHN R. PHILLIPS BOROUGH MAINTENANCE

Administration, Engineer, Attorney, Police Court, Prosecutor, Alt. PAIC Representative, Emergency Management Representative, Regional School Representative Streets and Roads, Maintenance Alt. Emergency Management Representative Finance Officer, Auditor, Tax Assessor, Tax Collector, Local School Representative, Business Liaison Fire Company, Fire Official, Rescue Squad, Underwater Recovery Unit, Library Board Representative Garbage, Recycling, Cable TV, SWAC Representative, Environmental Representative, Planning Board Rep. Public Buildings and Grounds, Parks/Recreation, Special Events, Street Lighting, Alt. SWAC Rep. Public Works Department (Water/Sewer)

DONALD J. PURSELL FINANCE

RUSSELL BIGLEY BOROUGH LIAISON

NORALIE LAFEVRE SOLID WASTE MANAGEMENT

CAROLE A. HELLER COMMUNITY AFFAIRS GEORGE A. SNIFFIN PUBLIC WORKS

Council accepted the 2012 Council Assignments. 2012

COUNCIL APPOINTEES

Court Administrator

Dawn Augustine Dawn A. Golden

Clerk of the Planning Board

Deputy Clerk/Deputy Tax Collector and Deputy Water/Sewer Collector & 911 Coordinator

Lorrianne P. Laughton

Zoning Officer

William Pursell John Phillips

Fire Chief

Municipal Fire Official

Michael Giannone

Certified Public Works Manager

Alan Turdo

Tax Collector

Eloise Hagaman

APPOINTMENT OF OFFICIALS AND EMPLOYEES

Licensed Sewer Operator Water Superintendent School Crossing Guards

Richard E. Aller, Jr. Richard E. Aller, Jr.

Edwin York Lois Wismer

School Crossing Guards Substitutes

Fred Kullman Richard Aller, Jr. William Corrigan

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Frank Reasoner

CONSENT AGENDA TO ADOPT THE FOLLOWING RESOLUTIONS: RE2012-001 Official time and Place RE2012-002 Meeting Dates 2011

RE2012-003 RE2012-004 RE2012-005 RE2012-006 RE2012-007 RE2012-008 RE2012-009 RE2012-010 RE2012-011 RE2012-012 RE2012-013 RE2012-014 RE2012-015 RE2012-016 RE2012-017 RE2012-018 RE2012-019 RE2012-020

Tax Collector Fixing Rate of Interest Charge on Taxes Temporary Budget Authorize Tax Assessor to Take Certain Actions Surety Bonds Establish a Petty Cash Fund Recycling Tonnage Grant/2011 Appoint Kevco Electric Inc. Appoint Karen Dysart, Public Agency Compliance Officer Appoint Municipal Recycling Coordinator Appoint SWAC and Alternate SWAC Representatives Appoint Zoning Officer and 911 Coordinator Appoint Library Board Members Appoint Planning Board Members Borough Physician Authorizing the Award of a Non-Fair & Open Contract for for Todd Bolig, Esq., Borough Attorney Authorizing the Award of a Non-Fair & Open Contract for for Robert J. Clerico, P.E., Municipal Engineer-tabled until next Council meeting. Professional Services-tabled until next Council meeting. Official Newspapers Official Depositories

RE2012-021

ROLL CALL VOTE :

Motio n

Secon d

Ayes Nays Abstai n

Absent/Ineligible

Russell Bigley Carole Heller Noralie LaFevre John Phillips Donald Pursell George Sniffin

x x x x x x

x

x

Resolutions in full are as follows:

RESOLUTION NO. RE2012-001 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that the Official Time and Place for the Borough Council Regular Monthly Meetings shall be set for the First Monday of each month and the Third Monday of each month, unless otherwise specified, in which case the date shall be set at the discretion of the Council. The regularly scheduled meetings will be held in the Milford Fire Company Building,

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21 Water Street, Milford, New Jersey.

All meetings will be held at 7:00P.M. prevailing time.

RESOLUTION NO. RE2012-002 WHEREAS, Section 13, of the Open Public Meetings Act, Chapter 231, P.L. 1975, requires Chapter 231, P.L. 1975, requires that at least once a year, not later than January 10th of such year, every public body shall post and mail to newspapers designated by said Body, a schedule of the location, time and date of each regular monthly meeting of said Body during the succeeding year; NOW, THEREFORE, BE IT RESOLVED by the COMMON COUNCIL ofthe Borough of Milford, County of Hunterdon, State of New Jersey, as follows: The Regular Meetings of the COMMON COUNCIL of the Borough of Milford, County of Hunterdon, and State of New Jersey shall be held at the Milford Fire Company Building, 21 Water Street, Milford, New Jersey 7:00PM prevailing time on the FIRST AND THIRD MONDAYS of each month for the year 2012, except when said First Monday shall be a Legal Holiday. In such event the meeting shall be held at the discretion of Council. The dates of said meetings are as follows: REGULAR MEETINGS (1st Monday) REGULAR MEETINGS (3rd Monday) January 3, 2012 January 17, 2012 (Tues) February 6, 2012 February 21, 2012 (Tues) March 5, 2012 March 19, 2012 April 2, 2012 April 16, 2012 May 7, 2012 May 21, 2012 June 4, 2012 June No Meeting July 2, 2012 July No Meeting August 6, 2012 August No Meeting September 4, 2012 (Tues) September 17, 2012 October 1, 2012 October 15, 2012 November 5, 2012 November 19, 2012 December 3, 2012 December 17, 2012 1. Reorganization Meeting will be held on January 3, 2012 2. Formal Action may or may not be taken. 3. This Resolution shall take effect immediately upon publication. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-003 RESOLUTION OF THE BOROUGH OF MILFORD, COUNTY OF HUNTERDON, STATE OF NEW JERSEY FIXING THE RATE OF INTEREST TO BE CHARGED ON DELINQUENT TAXES OF ASSESSMENTS. WHEREAS , N.J.S.A. 54:4-67 permits the governing body of each municipality to fix the rate of interest to be charged for non-payment of taxes or assessment subject to any abatement or discount for the late payment of taxes as proved by law; and WHEREAS , N.J.S.A. 54:4-67 has been amended to permit the fixing of said rate of 8% per annum on the first $1,500.00 of the delinquency and 18% per annum on any amount in excess of $1,500.00 and allows an additional penalty of 6% be collected against a

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delinquency in excess of $10,000.00 on properties that fail to pay the delinquency prior to the end of the calendar year; NOW, THEREFORE, BE IT RESOLVED , by the Common Council of the Borough of Milford, County of Hunterdon, State of New Jersey, as follows: 1. The Tax Collector is hereby authorized and directed to charge 8% per annum on the first $1,500.00 of taxes becoming delinquent after the due date and 18% per annum on any amount of taxes in excess of $1,500.00 becoming delinquent after the due date and if a delinquency is in excess of $10,000.00 and remains in arrears beyond December 31 st , an additional penalty of 6% shall be charged against the delinquency. Effective January 1, 2012 there will be a ten (10) day grace period of quarterly tax payments made by cash, check or money order. 2. Any payments not made in accordance with paragraph two of this resolution shall be charged interest from the due date as set forth in paragraph one of this resolution. 3. A Certified copy of this resolution shall be provided by the Borough Clerk to the Tax Collector, the Borough Attorney and Borough Auditor for the Borough of Milford. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-004 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that the TEMPORARY BUDGETS FOR 2012, with the following appropriations, be and is hereby adopted: General Operations (Municipal) $261,180.00 Water Department

$ 43,940.00

Sewer

Utility

$100,678.00 This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-005

A RESOLUTION TO AUTHORIZE THE TAX ASSESSOR OF THE BOROUGH OF MILFORD TO TAKE CERTAIN ACTIONS IN THE NAME OF THE BOROUGH

WHEREAS, the Common Council has been informed by the Tax Assessor of the Borough of Milford, that from time to time, the Assessor may be required to execute stipulations relative to assessment appeals, to make corrections in assessments on properties located in the Borough of Milford, and to file omitted assessments and roll back tax complaints and appeals, all in the name of the Borough of Milford; and WHEREAS, the Hunterdon County Board of Taxation requires a resolution of the Common Council to authorize actions by the Assessor; and

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WHEREAS, the Common Council desires to grant such authority to the Assessor, subject to the conditions set herein. NOW THEREFORE, BE IT RESOLVED by the Common Council of the Borough of Milford, in the County of Hunterdon and State of New Jersey: Sec. 1 - The Tax Assessor of the Borough of Milford be, and hereby is authorized in the name of the Borough of Milford aforesaid, to: (a) Execute stipulations relative to assessment appeals; (b) Make corrections in assessments on properties located in the Borough of Milford; (c) File omitted assessment and roll-back tax complaints and appeals with the Hunterdon County Board of Taxation. Sec. 2 - The authority herein granted shall expire on December 31, 2012 and is conditioned upon the Tax Assessor advising the Borough Attorney and Borough Council of all such actions taken by him and the reasons therefore. Sec. 3 - A copy of this Resolution duly certified to be a true copy thereof shall be transmitted to the Tax Assessor and the Hunterdon County Board of Taxation. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-006 BE IT HEREBY RESOLVED by the Common Council of the Borough of Milford Surety Bonds be secured for the following Officials in designated amounts: Treasurer

$75,000.00

Tax Collector

$80,000.00 $75,000.00

Deputy Tax Collector Sewer & Water Collector

$45,000.00 This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-007 BE IT HEREBY RESOLVED by the COMMON COUNCIL of the BOROUGH OF MILFORD that the following named newspaper be designated as the Official Newspaper for the Borough: Hunterdon County Democrat BE IT FURTHER RESOLVED that the following named newspapers be designated as Official Alternate Newspapers for the Borough: Express Times Star Ledger This being submitted at the Regular meeting of the Milford Borough Common Council held on January 3, 2012.

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RESOLUTION NO. RE2012-008 BE IT HEREBY RESOLVED by the COMMON COUNCIL of the BOROUGH OF MILFORD that the Official Depositories for all Borough Funds shall be: National Westminster Bank of New Jersey Bank of America Hope National Bank PNC

Commerce Bank Sovereign Bank New Jersey Cash Management Fund TD Banknorth Group

Janney, Montgomery, Scott Oppenheimer & Company This being submitted at the Reorganization Meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-009 ESTABLISHING A PETTY CASH FUND WHEREAS , N.J.S.A. 40A:5-21 authorizes the establishment of a Petty Cash Fund in any county or municipality by application and resolution; and WHEREAS , it is the desire of the Common Council of the Borough of Milford, County of Hunterdon to establish such a fund for the Borough Clerk’s Office in the amount of $50.00; and WHEREAS , the custodian for this fund is Karen Dysart, Municipal Clerk, who is bonded for the amount of $2,000.00; such custodian shall maintain records for this fund in a manner conducive to proper accounting and auditing procedures; and NOW, THEREFORE BE IT RESOLVED that the Milford Borough Common Council hereby authorizes such action and that two copies of this resolution be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. 2011 RECYCLING TONNAGE GRANT RESOLUTION NO. RE2012-010 WHEREAS , the Mandatory Source Separation and Recycling Act, P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local separation and recycling programs; and WHEREAS , it is the intent and spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and WHEREAS , the New Jersey Department of Environmental Protection is promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and WHEREAS , the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and WHEREAS , a resolution authorizing this municipality to apply for such tonnage grants

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will memorialize the commitment of this municipality to recycling and indicate the assent of the Common Council to the efforts undertaken by the municipality and the requirements contained in the recycling Act and recycling regulations; and WHEREAS , such resolution should designate the individual authorized to ensure that the application is properly completed and timely filed. WHEREAS , Karen Dysart, Municipal Clerk, is hereby designated to prepare the 2012 Recycling Tonnage report. NOW THEREFORE, BE IT RESOLVED , by the COMMON COUNCIL OF THE BOROUGH OF MILFORD, in the County of Hunterdon, State of New Jersey, that the Borough of Milford hereby endorses the submission of a Municipal Recycling Tonnage Grant Application to the New Jersey Department of Environmental Protection, and Karen Dysart, RMC, is the person authorized to prepare such application and ensure that the same is properly filed. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-011 WHEREAS, the County of Hunterdon granted approval upon the traffic signal installation contingent on it being operated and continuously maintained in accordance with Plan LTS-3572 dated June 25, 1993 and Signal Timing Schedule dated June 26, 1993; and WHEREAS, The Borough of Milford is in need of professional advice for Electrical Services for the purpose of instituting maintenance program for the Traffic Signal; WHEREAS, sufficient funds are available to pay the costs of these purposes; and WHEREAS , the Local Public Contracts Law (NJSA 40A:11-5 et seq) requires a resolution authorizing the award of contracts for Professional Services without competitive bidding must be advertised. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Borough of Milford, County of Hunterdon, State of New Jersey, that the professional listed below is hereby retained to provide the Borough with this needed service: 1. Kevco Electric, Inc. PO Box 2360 Bloomfield, NJ 07003 This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-012 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that Karen Dysart, Municipal Clerk shall be designated as the official to act as liaison and to serve as the Public Agency Compliance Officer (P.A.C.O.) for the Borough of Milford from January 1, 2012 through December 31, 2012. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-013 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that Alan Turdo has been appointed Municipal Recycling Coordinator. The term of this appointment is from January 1, 2012 through December 31, 2012. This being submitted at the Reorganization meeting of the Milford Borough Common

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Council held on January 3, 2012.

RESOLUTION NO. RE2012-014 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that Noralie LaFevre has been appointed Municipal Representative to the Solid Waste Advisory Council (SWAC) and appoints Council member Carole Heller as Alternate to the Solid Waste Advisory Council. The term of this appointment is from January 1, 2012 through December 31, 2012. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-015 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that William P. Pursell shall be appointed as Municipal Zoning Officer. IT IS FURTHER HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that Lorrianne P. Laughton shall be appointed as 9-1-1 Coordinator. The term of these appointments is from January 1, 2012 through December 31, 2012. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION RE2012-016 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that the following appointments to the Library Board of the Milford Public Library are as follows: APPOINTEES TERM OF APPOINTMENT Linda Fleck 01/01/2009 to 12/31/2014 Timothy McCracken 05/01/2009 to 12/31/2014 Carol Bastow 01/01/2010 to 12/31/2012 Janet Huber 01/01/2011 to 12/31/2013 Jessica Cooper 01/01/2011 to 12/31/2013 Russell Bigley 01-01-2012 to 12-31-2012 (Mayor’s Representative) Sue Flynn 01-01-2012 to 12-31-2012 (School Representative) This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2011 RESOLUTION NO. RE2012-017 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that the following appointments to the Milford Borough Joint Planning Board/Board of Adjustment is as follows: APPOINTEES TERM OF APPOINTMENT Class I

4 Year Term James Gallos 1 Year Term Richard Aller

01/01/2012 to 12/31/2015

Class II

01/01/2012 to 12/31/2012

Class III

1 Year Council Member Noralie LaFevre

01/01/2012 to 12/31/2012

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Class IV

4 Year Terms Regina Stem 2 Year Terms

01/01/2012 to 12/31/2015

Alternates Alternate # 2 Alternate # 4 Clerk of the Plng. Bd.

Open Open

01/01/2012 to 12/31/2013 01/01/2012 to 12/31/2013

1 Year Term Dawn Golden

01/01/2012 to 12/31/2012 This being submitted at the Reorganization meeting of the Milford Borough Common Council held on January 3, 2012. RESOLUTION NO. RE2012-018 BE IT HEREBY RESOLVED by the Milford Borough Common Council that Delaware Valley Family Health Center is appointed Borough Physician for the year of 2012. BE IT FURTHER RESOLVED that the following fees be designated for the services: Contracted DOT physicals - $150.00 4. Includes obtaining history, performing physical examination and completion of forms, vision screen, urinalysis without micro and hearing test. Contracted pre-employment physicals - $125.00 5. Includes obtaining history, performing physical examination, completion of form. 6. Any immunization administered or other recommended testing are done at regular office charges. 7. Services additional to those listed above would be charged at our standard rates if/when requested. Note: The billing agreement may be amended in writing as either party deems necessary and upon agreement of both parties. RESOLUTION NO. RE2012-019 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR THE RETENTION OF GENERAL LEGAL COUNSEL FOR THE BOROUGH OF MILFORD FOR CALENDAR YEAR 2012 WHEREAS, the Borough of Milford has a need to retain an attorney-at-law of the State of New Jersey for general legal services on behalf of the Borough of Milford and is doing so on a non-fair and open contract basis pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the term of this contract is One (1) year commencing on January 1, 2012 and terminating on December 31, 2012; and WHEREAS, the Mayor of Milford has determined and certified in writing that the value of these professional services may, in the aggregate, exceed $17,500; and WHEREAS, Todd L. Bolig, Esq. of the Law Offices of Todd L. Bolig, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that neither Todd L. Bolig nor the Law Offices of Todd L. Bolig, LLC have not made any reportable contributions to a political or candidate committee in the previous one year, and that the contract will prohibit both Todd L. Bolig and the Law Offices of Todd L. Bolig, LLC from making any reportable contributions through the term of the contract, and NOW, THEREFORE, BE IT RESOLVED BY THE MILFORD BOROUGH COMMON COUNCIL that: 1. Todd L. Bolig, Esq. of the Law Offices Todd L. Bolig, LLC be and hereby is retained as

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general legal counsel / borough attorney for the period of January 1, 2012 through December 31, 2012 on a non-fair and open basis; and 2. The Business Disclosure Entity Certification as executed by Todd L. Bolig, Esq. and the Determination of Value be placed on file with this Resolution. Resolution No. RE2012-020 is tabled until the next meeting. RESOLUTION NO. RE2012-021 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR THE RETENTION OF BOROUGH ENGINEER FOR THE BOROUGH OF MILFORD FOR CALENDAR YEAR 2012 WHEREAS, the Borough of Milford has a need to retain an Auditor of the State of New Jersey for general auditing services on behalf of the Borough of Milford and is doing so on a non-fair and open contract basis pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the term of this contract is One (1) year commencing on January 1, 2012 and terminating on December 31, 2012; and WHEREAS, the Mayor of Milford has determined and certified in writing that the value of these professional services may, in the aggregate, exceed $17,500; and WHEREAS, Thomas M. Ferry, RMA of the Firm of Ferraioli, Wielkotz, Cerullo & Cuva, P.A. has completed and submitted a Business Entity Disclosure Certification which certifies that neither Thomas M. Ferry nor the Firm of Ferraioli, Wielkotz, Cerullo & Cuva, P.A. have not made any reportable contributions to a political or candidate committee in the previous one year, and that the contract will prohibit both Thomas M. Ferry and the Firm of Ferraioli, Wielkotz, Cerullo & Cuva, PA from making any reportable contributions through the term of the contract, and NOW, THEREFORE, BE IT RESOLVED BY THE MILFORD BOROUGH COMMON COUNCIL that: 1. Thomas M. Ferry, RMA. of the Firm of Ferraioli, Wielkotz, Cerullo & Cuva, P.A. be and hereby is retained as borough auditor for the period of January 1, 2012 through December 31, 2012 on a non-fair and open basis; and 2. The Business Disclosure Entity Certification as executed by Thomas M. Ferry, RMA. and the Determination of Value be placed on file with this Resolution. RESOLUTION NO. RE2012-022 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR THE RETENTION OF BOROUGH ENGINEER FOR THE BOROUGH OF MILFORD FOR CALENDAR YEAR 2012 WHEREAS, the Borough of Milford has a need to retain an Redevelopment Attorney of the State of New Jersey for redevelopment legal services on behalf of the Borough of Milford and is doing so on a non-fair and open contract basis pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the term of this contract is One (1) year commencing on January 1, 2012 and terminating on December 31, 2012; and WHEREAS, the Mayor of Milford has determined and certified in writing that the value of these professional services may, in the aggregate, exceed $17,500; and

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WHEREAS, Brent T Carney, Esq. from the firm of Maraziti, Falcon & Healey, LLP has completed and submitted a Business Entity Disclosure Certification which certifies that neither Brent T Carney, Esq. from the firm of Maraziti, Falcon & Healey, LLP have not made any reportable contributions to a political or candidate committee in the previous one year, and that the contract will prohibit both Brent T Carney, Esq. from the firm of Maraziti, Falcon & Healey, LLP from making any reportable contributions through the term of the contract, and NOW, THEREFORE, BE IT RESOLVED BY THE MILFORD BOROUGH COMMON COUNCIL that: 1. Brent T Carney, Esq. from the firm of Maraziti, Falcon & Healey, LLP be and hereby is retained as borough auditor for the period of January 1, 2012 through December 31, 2012 on a non-fair and open basis; and 2. The Business Disclosure Entity Certification as executed by Brent T. Carney, Esq. and the Determination of Value be placed on file with this Resolution. Resolution No. RE2012-023 is tabled until the next meeting. PUBLIC COMMENT John Phillips made a motion to open the meeting to public comments. Seconded by Noralie LaFevre. There were no comments from the public in attendance. John Phillips made a motion to close the meeting to public comments. Second by Noralie LaFevre ROLL CALL VOTE: AYES: R. Bigley, C. Heller, N. LaFevre, J. Phillips, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved. Mayor Gallos gave a brief year in review to Council and members in the audience. Some of the highlights of 2011 were as follows: Centennial Celebration, Solar Ordinance, Amend Fence Ordinance, 2012 Municipal Budget did not increase. ADJOURNMENT Mayor Gallos advised there being no further business to discuss, the minutes of this meeting will be available as soon as possible. Motion to adjourn was made by George Sniffin Seconded by Carole Heller All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Meeting adjourned at 6:55PM Respectfully Submitted,

Karen Dysart, RMC Municipal Clerk

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MILFORD BOROUGH COMMON COUNCIL REGULAR MEETING DATE: January 3, 2012

CALL TO ORDER The Regular Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on January 3, 2012. The meeting was called to order by Mayor James Gallos at 7:00PM. PLEDGE OF ALLEGIANCE was led by Mayor Gallos. SUNSHINE PROCLAMATION was read by Mayor James Gallos. As required by the Open Public Meetings Act of 1975, adequate notice of this meeting was provided on December 9, 2011 in the Hunterdon County Democrat and Express Times newspapers. Notices were also posted on the bulletin boards both inside and outside the Municipal Building and at the Milford Public Library. ROLL CALL Present: James A. Gallos, Mayor Councilman Sniffin suggested that Borough Council send a letter of congratulations to Holly Macke (Patterson) who was elected Mayor of White Township. Holly grew up in the Borough of Milford. Councilman Sniffin will send a letter of congratulations to Holly Macke. UNFINISHED BUSINESS Award Sludge Bid Albert DeGennaro, Attorney for Solid Waste Management stated that most agencies go with a three to five year contract. Mr. DeGennaro stated Council may want to consider a three year contract because you never know what the costs will be in the future regarding fuel charges, labor, insurance, etc. Solid Waste Management have DEP permitted landfills and state-of-art compost facilities for cake sludge. Solid Waste Management has an insurance certificate for coverage of 25 million dollars and a performance bond for the full value of the contract. Final Review of the Milford-Holland Sewer Contract Attorney Bolig stated the Milford-Holland Sewer Agreement will be available at the Borough Hall for final review and at the next Council meeting a resolution will be adopted allowing the Mayor to sign the Milford-Holland Sewer agreement. PUBLIC COMMENT John Phillips made a motion to open the meeting to public comments. Russell Bigley, Carole Heller, Noralie LaFevre, John Phillips, Donald Pursell, George Sniffin The record reflects the presence of: Todd Bolig, Attorney. NEW BUSINESS

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Seconded by Carole Heller. ROLL CALL VOTE: AYES: R. Bigley, C. Heller, N. LaFevre, J. Phillips, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved.  Rob Castagna, Spring Garden Street stated he has concerns regarding the unsafe condition of 18 Bridge Street. Mayor Gallos stated he will be meeting with Local Code Enforcement officials on this subject.  Rob Castagna stated that Monday, January 30, 2012 will be the next CAG meeting. Rob is concerned that the site will become a park without a residential or industrial determination. Mayor Gallos stated it is important for attendance at the CAG meeting. Councilman Sniffin stated no wells will be able to go online until the EPA is completed with their work at the mill. Mr. Castagna also stated the EPA has never answered the question on how they are planning to complete the clean-up. After a brief discussion regarding clean-up of the old Curtis Mill property, Council members discussed sending an Environmental Attorney to next CAG Meeting. Attorney Bolig will contact an Environmental Attorney for their fee schedule. John Phillips made a motion to close the public portion of the meeting. Seconded by Carole Heller. ROLL CALL VOTE: AYES: R. Bigley, C. Heller, N LaFevre, J. Phillips, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved. LEGAL AFFAIRS REPORT – TODD BOLIG Attorney Bolig stated he will prepare an ordinance for the Council to review on the Borough securing unsafe property. SAFETY/ADMINISTRATION – JAMES GALLOS  Mayor Gallos attended a meeting with Councilman Sniffin, Robert Martucci and Robert Clerico regarding the engineering fees for the Sewer Plant Upgrade. Van Cleef will be sending a letter to the Mayor for his review.  Mayor Gallos also discussed the parking lot situation on the Church Street property that Mr. Letko owns. Mayor Gallos will be meeting with Mr. Letko and will be looking for some type of site plan. BOROUGH MAINTENANCE – COUNCILMAN PHILLIPS  Councilman Phillips stated Bruce Holder gave his resignation effective December 2, 2011.  The Stormwater Management Report was filed.  Employees from the Road Department covered for the Crossing Guards for five days.  The Road Department will be removing the Christmas decorations by the end of this week. FINANCE – COUNCILMAN PURSELL Councilman Pursell had nothing to report tonight except he will be reviewing all the vouchers prior to signing.

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RESOLUTIONS

RESOLUTION NO. RE2012-024 WHEREAS, the (3rd) third tax payment of the 2011/2012 school year is due and payable to the Board of Education of Milford Public School on or before January 3, 2012; and WHEREAS, the total of the (3rd) third tax payment is $422,500.00. THEREFORE IT IS HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that the (3rd) third tax payment to the Local School in the amount of $422,500.00 be and is ordered paid to the Milford Public School Board of Education on or before January 3, 2012. This being submitted at the Council meeting held on January 3, 2012. Council Vote Motion Secon d Ayes Nay s Abstain Absent/Ineligible Russell Bigley x Carole Heller x x Noralie LaFevre x John Phillips x x Donald Pursell x George Sniffin x RESOLUTION NO. RE2011-025 WHEREAS, the (4th) fourth tax payment of the 2011/2012 school year is due and payable to the Board of Education of Delaware Valley Regional High School on or before January 3, 2012; and WHEREAS, the total of the (4th) fourth tax payment is $129,432.07 THEREFORE IT IS HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that the (4th) fourth Regional School payment in the amount of $129,432.07 be and is ordered paid to the Delaware Valley Regional High School Board of Education on or before January 3, 2012. This being submitted at the regular meeting of the Milford Borough Common Council held on January 3, 2012. Council Vote Motio n Secon d Ayes Nays Abstai n Absent/Ineligible Russell Bigley x Carole Heller x Noralie LaFevre x John Phillips x x Donald Pursell x George Sniffin x x RESOLUTION NO. RE2012-026 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that all VOUCHERS presented and approved be paid. This being submitted at the Council meeting held on January 3, 2012 Council Vote Motio n Secon d Aye s Nays Abstain Absent/Ineligible

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Russell Bigley Carole Heller

x x x x x x

x

Noralie LaFevre

x

John Phillips Donald Pursell George Sniffin

RESOLUTION NO. RE2012-027 WHEREAS, the Borough of Milford advertised, and subsequently received bids, for the Wastewater Treatment Plant – 2012 Collection & Disposal of Sewage Sludge per the attached bid summary: WHEREAS, two bids were received as follows: Contractor One Year Contract 440 tons +/- Two Year Contract 880 tons +/- Three Year Contract 1320 tons +/- Solid Waste Services Audubon, PA Unit Price $123.66 Amount $54,410.40 Unit Price $127.36 Amount $112,076.8 0 Unit Price $131.18 Amount $173,157.6 0 Spectraser v South Kearny, NJ $149.00 $65,560.00 $155.00 $136,400.0 0 $164.00 $216,480.0 0 WHEREAS, Robert M. Martucci, P.E. of Van Cleef Engineering Associates has reviewed the submitted bids and determined that Solid Waste Services of Audubon, PA 19403 submitted the lowest responsive Bid in the amount of $54,410.40 and recommends a one year contract and; WHEREAS, the Borough has appropriated sufficient funds to award the Bid in the amount of $54,410.40 (one year contract); NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Milford that the Contract for the Wastewater Treatment Plant – 2012 Collection & Disposal of Sewage Sludge be and is hereby awarded to Solid Waste Services Inc. 2650 Audubon Road Audubon, PA 19403 for their Bid of $54,410.40, (one year contract) subject to the following conditions: 1. The Contract is awarded as a unit price bid Contract and final payment will be based upon the actual quantity utilized at the $123.66 unit price bid per ton, as outlined in the Specifications. Council Vote Motion Secon d Ayes Nay s Abstain Absent/Ineligible Russell Bigley x Carole Heller x Noralie LaFevre x John Phillips x Donald Pursell x x George Sniffin x x

CLERK’S REPORT 1. December 2011 Comments: None

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Motion to accept : Noralie LaFevre Seconded : John Phillips All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Clerk’s Report approved. REGULAR MEETING MINUTES FROM PREVIOUS MEETINGS PRESENTED FOR APPROVAL 1. Regular Council Meeting of December 5, 2011

Comments: None Motion to accept

: Noralie LaFevre

Seconded : John Phillips All in Favor - AYES: All NAYS: None ABSTAIN: None. ABSENT: B. Corrigan Regular Meeting Minutes of December 5, 2011 approved.

2. Special Council Meeting of December 13, 2011 Comments: None Motion to accept : John Phillips Seconded : George Sniffin All in Favor - AYES: All NAYS: None ABSTAIN: N. LaFevre, R. Bigley ABSENT: None Special Meeting Minutes of December 13, 2011 approved. CORRESPONDENCE LIST Correspondence was reviewed as presented. ADJOURNMENT Mayor Gallos advised there being no further business to discuss, the minutes of this meeting will be available as soon as possible. Motion to adjourn was made by Carole Heller Seconded by Noralie LaFevre All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Meeting adjourned at 8:10PM. Respectfully Submitted

Karen Dysart, RMC Municipal Clerk

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MILFORD BOROUGH COMMON COUNCIL SPECIAL MEETING DATE: January 9, 2012

CALL TO ORDER A Special Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on January 9, 2012. The meeting was called to order by Mayor James Gallos, at 6:00PM.

PLEDGE OF ALLEGIANCE was led by Mayor James Gallos. SUNSHINE PROCLAMATION was read by Mayor James Gallos.

As required by the Open Public Meetings Act of 1975, adequate notice of this meeting was provided on December 29, 2011 in the Hunterdon County Democrat and Express Times newspapers. Notices were also posted on the bulletin boards both inside and outside the Municipal Building and at the Milford Public Library. ROLL CALL Present: Mayor James Gallos Council: Russell Bigley, Carole Heller, Noralie LaFevre, John Phillips, Donald Pursell, George Sniffin The record reflects the presence of Dawn Merante, Chief Financial Officer NEW BUSINESS 2012 Municipal Budget Dawn Merante, Chief Financial Officer and Borough Council discussed the proposed 2012 municipal budget. Borough Council members gave Dawn Merante suggestions of items to be deducted and/or reduced in the 2012 budget. Dawn Merante and Thomas Ferry, Borough Auditor will prepare the proposed 2012 municipal budget and give copies to Council to review. PUBLIC COMMENT George Sniffin made a motion to open the meeting to public comments. Seconded by John Phillips ROLL CALL VOTE: AYES: R. Bigley, C. Heller, N. LaFevre, J. Phillips, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved. There was no public in attendance. Noralie LaFevre made a motion to close the public portion of the meeting. Seconded by Carole Heller ROLL CALL VOTE: AYES: R. Bigley, C. Heller, N. LaFevre, J. Phillips, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved.

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ADJOURNMENT Mayor Gallos advised there being no further business to discuss, the minutes of this meeting will be available as soon as possible.

Motion to adjourn was made by Noralie LaFevre Seconded by John Phillips All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Meeting adjourned at 7:10 PM.

Respectfully Submitted,

Karen Dysart, RMC

Municipal Clerk

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MILFORD BOROUGH COMMON COUNCIL REGULAR MEETING DATE: January 17, 2012

CALL TO ORDER The Regular Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on January 17, 2012. The meeting was called to order by Mayor James Gallos at 7:00PM.

PLEDGE OF ALLEGIANCE was led by James Gallos, Mayor. SUNSHINE PROCLAMATION was read by Mayor James Gallos.

As required by the Open Public Meetings Act of 1975, adequate notice of this meeting was provided on January 12, 2012 in the Hunterdon County Democrat and Express Times newspapers. Notices were also posted on the bulletin boards both inside and outside the Municipal Building and at the Milford Public Library. ROLL CALL Present: James Gallos, Mayor The record reflects the presence of: Todd Bolig, Attorney UNFINISHED BUSINESS Chapter 128 – Nuisances, Unsafe Buildings for Council Review Attorney Bolig stated this was a draft ordinance for members of Council to review and make any changes. PUBLIC COMMENT Carole Heller made a motion to open the meeting to public comments. Seconded by John Phillips. ROLL CALL VOTE: AYES: R. Bigley, C. Heller, N. LaFevre, J. Phillips, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved.  Robert White, 78 Frenchtown Road stated he was happy to see Council working on an unsafe building ordinance. Mr. White also stated the decision on the American River grant will not be awarded until the first week in March.  Rob Castagna, Spring Garden Street also has concerns with the conditions of some of the homes in the Borough.  Edna Cochran requested the Business Liaison to attend the Milford Merchant's meeting on Friday morning. Noralie LaFevre made a motion to close the public comments portion of the meeting. Seconded by Carole Heller. ROLL CALL VOTE: AYES: R. Bigley, C. Heller, R. Kroth, J. Phillips, D. Pursell, G. Sniffin Russell Bigley, Carole Heller, Noralie LaFevre, John Phillips, Donald Pursell, George Sniffin

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NAYS: None ABSTAIN: None ABSENT: None

LEGAL AFFAIRS REPORT – Todd Bolig, Esq.

 Solid Waste Sludge Bid – Attorney Bolig stated the sludge bid allowed for tipping and transfer of sludge to PA. The bidder will need to acquire additional approvals from the PA DEP prior to award of the contract. The testing should be completed within the next two days. The Solid Waste contract should be completed as soon as we received the approved testing results. Otherwise, the Borough will have to extend our contract with Spectraserve for another 30 days. Borough Council had a brief discussion on the sludge contract and Council will continue with the one year contract and see how the year goes.  Attorney Bolig brought a resolution regarding the Milford Grist Mill parking related issues pertaining to the Bridge Street and Railroad Avenue Redevelopment Plan. Attorney Bolig stated that the Milford Grist Mill LLC should really go in front of the Planning Board to give sworn testimony on the parking issues. There is no need to come in front of the Borough Council and then go again in front of the Planning Board for approval. The resolution has been reviewed with the Attorney from Milford Grist Mill. REPORTS FROM DEPARTMENT COMMISSIONERS BOROUGH LIAISON – Councilman Bigley Fire Department-December 2011 The Fire Department responded to seven alarms. The alarms were: Milford Boro. – 1-gasoline leak Alexandria Twp. - 1-fire alarm, 1 chimney fire Holland Twp. - -1-chimney fire Frenchtown – 1-fire alarm Bridgeton Twp, PA – 1- chimney fire Delaware Twp. - 1 FAST call Water Usage for the Month December of 2011 Milford Fire – 3,000 gallons Upper Black Eddy - 3,000 gallons PUBLIC WORKS – Councilman Sniffin Water Department  The Water Department flushed the dead end water line off County Route 619.  Rick Aller stated in his report that the wells pumped 44,585,230 gallons for 2011 which was approximately 11.5 million gallons less than 2010.  Rick Aller stated in his report that on January 11, 2011 the breaker tripped for the well pump at well #2. After Rick reset the breaker the well was not pumping because the motor needed to be replaced. Therefore, during the repair of well #2 which took several days well #1 provided water for the Borough with no problems. Sewer Department  Rick Aller worked on landscaping around the sewer plant.  The digester tanks at the Sewer Plant were covered with corrugated roofing.

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 Ricker Aller stated the Sewer Plant treated 93,303,223 gallons of sewage in 2011 approximately 13 million more than 2010. Rick Aller stated the increase was due to the 75 inches of rain recorded at the plant for 2011.

SOLID WASTE MANAGEMENT – Councilwoman LaFevre Recycling Councilwoman LaFevre reported the Recycling for 2011 was 18.29 tons for a cost of $15,829.00 and garbage was 547.30 tons for a total cost of $40,773.86 Planning Board The Planning Board held its Reorganization meeting on January 4, 2012. The next regular meeting will be held on Wednesday, January 25, 2012. SWAC Councilwoman LaFevre stated the SWAC By-Laws were discussed and revised by the committee. The revision will be sent to the County Freeholders for final adoption. COMMUNITY AFFAIRS – Councilwoman Heller Councilwoman Heller will be looking to schedule a Borough Park clean-up day in the Spring. ORDINANCE – FIRST READING ORDINANCE NO. 790-2012 CALENDAR YEAR 2012 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS , the Local Government Cap Law, N.J.S.A. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS , the Common Council of the Borough of Milford in the County of Hunterdon finds it advisable and necessary to increase its CY 2012 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS , the Common Council of the Borough of Milford hereby determines that a 3.5 % increase in the budget for said year, amounting to $52,565.24 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Common Council of the Borough of Milford hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED , by the Common Council of the Milford, in the County of Hunterdon, a majority of the full authorized membership of this governing body affirmatively

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concurring, that, in the CY 2012 budget year, the final appropriations of the Borough of Milford shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $52,565.24, and that the CY 2012 municipal budget for the Borough of Milford be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED , that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED , that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. Introduction: John Phillips Adoption: Noralie LaFevre Second: Carole Heller ROLL CALL VOTE: AYES: R. Bigley, C. Heller, N. LaFevre, J. Phillips, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion Carried. Public Hearing will be on February 21, 2012. RESOLUTIONS RESOLUTION NO. RE2012-020 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR THE RETENTION OF BOROUGH ENGINEER FOR THE BOROUGH OF MILFORD FOR CALENDAR YEAR 2012 WHEREAS, the Borough of Milford has a need to retain an Engineer of the State of New Jersey for general engineering services on behalf of the Borough of Milford and is doing so on a non-fair and open contract basis pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the term of this contract is One (1) year commencing on January 1, 2012 and terminating on December 31, 2012; and WHEREAS, the Mayor of Milford has determined and certified in writing that the value of these professional services may, in the aggregate, exceed $17,500; and WHEREAS, Robert M. Martucci, P. E. of the Firm of Van Cleef Engineering Associates has completed and submitted a Business Entity Disclosure Certification which certifies that neither Robert M. Martucci nor the Firm of Van Cleef Engineering have not made any reportable contributions to a political or candidate committee in the previous one year, and that the contract will prohibit both Robert M. Martucci and the Firm of Van Cleef Engineering from making any reportable contributions through the term of the contract, and NOW, THEREFORE, BE IT RESOLVED BY THE MILFORD BOROUGH COMMON COUNCIL that: 1. Robert M. Martucci, P.E. of the Firm of Van Cleef Engineering Associates be and hereby is retained as borough engineer for the period of January 1, 2012 through December 31, 2012 on a non-fair and open basis; and 2. The Business Disclosure Entity Certification as executed by Robert Martucci, P.E. and the Determination of Value be placed on file with this Resolution. Council Vote Motio Secon Ayes Nays Abstai Absent/Ineligible

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