Minutes - 2013

MILFORD BOROUGH COMMON COUNCIL REGULAR MEETING DATE: January 7, 2013 CALL TO ORDER The Regular Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on January 7, 2013. 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 13, 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 A. Gallos, Mayor Borough Council members had a brief discussion on the Milford School's request to use the Borough ball field and decided to allow the School to use the field. The Milford Public School will need to contact the DVAA for scheduling use of the field. UNFINISHED BUSINESS Councilwoman Heller stated the Borough sign will be installed shortly. PUBLIC COMMENT Carole Heller made a motion to open the meeting to public comments. Seconded by Noralie LaFevere. ROLL CALL VOTE: AYES: R. Bigley, C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved. Bob White, 78 Frenchtown Road stated he is following up on whether the Borough heard anything from Hunterdon County Board of Health regarding 18 and 23 Bridge Street. The Borough Council responded that the County will be sending a letter shortly.. Noralie LaFevre made a motion to close the public portion of the meeting. Seconded by Russell Bigley. ROLL CALL VOTE: AYES: R. Bigley, C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved. Russell Bigley, Carole Heller, Noralie LaFevre, Andrew Huzar, Donald Pursell, George Sniffin The record reflects the presence of: Todd Bolig, Attorney. NEW BUSINESS Milford Public School – Request to Use Milford Ball field

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LEGAL AFFAIRS REPORT – TODD BOLIG  Attorney Bolig stated Brent Carney, Redevelopment Attorney will be sending a associate to attend the CAG meeting on January 28 th .  Attorney Bolig stated he is reviewing the sludge bids with Robert Martucci, Borough Engineer. SAFETY/ADMINISTRATION – JAMES GALLOS  Mayor Gallos reviewed the State Police Report from December 2012.  Mayor Gallos informed Council that Delaware Valley Regional High School will be holding public meetings to address the 2013/2014 DVRHS budget. FINANCE – COUNCILMAN PURSELL Councilman Pursell had nothing to report tonight. RESOLUTIONS RESOLUTION NO. RE2013-025 WHEREAS, the (3rd) third tax payment of the 2012/2013 school year is due and payable to the Board of Education of Milford Public School on or before January 7, 2013; and WHEREAS, the total of the (3rd) third tax payment is $430,738.75. 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 $430,738.75 be and is ordered paid to the Milford Public School Board of Education on or before January 7, 2013. This being submitted at the Council meeting held on January 7, 2013. Council Vote Motion Secon d Ayes Nays Abstain Absent Ineligible Russell Bigley x Carole Heller x x Andrew Huzar x Noralie LaFevre x x Donald Pursell x George Sniffin x RESOLUTION NO. RE2013-026 WHEREAS, the (4th) fourth tax payment of the 12/2013 school year is due and payable to the Board of Education of Delaware Valley Regional High School on or before January 7, 2013; and WHEREAS, the total of the (4th) fourth tax payment is $100,558.01. THEREFORE IT IS HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that the (4th) first Regional School payment in the amount of $100,558.01 be and is ordered paid to the Delaware Valley Regional High School Board of Education on or before January 7, 2013. This being submitted at the regular meeting of the Milford Borough Common Council held on January 7, 2013.

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Council Vote

Motion Secon d

Ayes Nays

Abstain

Absent

Ineligible

Russell Bigley Carole Heller Andrew Huzar Noralie LaFevre Donald Pursell George Sniffin

x x x x x

x

x x RESOLUTION NO. RE2013-027 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 7, 2013. Council Vote Motion Second Ayes Nays Abstain Absent Ineligible Russell Bigley x x Carole Heller x x Andrew Huzar x Noralie LaFevre x Donald Pursell x George Sniffin x RESOLUTION NO. RE2013-028 TAX CERTIFICATE REDEMPTION WHEREAS, the Tax Collector of the Borough of Milford has been paid by the necessary amount of $648.30 to redeem Tax Sale Certificate #2012-03 on Block 7 Lot 27 on the Borough of Milford Tax List for Water and Sewer. NOW, THEREFORE, BE IT RESOLVED, on the 7th day of January 2013 by the Common Council of the Borough of Milford, County of Hunterdon, that the Borough Tax Collector upon receipt of the above-referenced Tax Sale Certificate be endorsed for cancellation and a true copy of this resolution be authorized to Cancel the above mentioned lien on Block 7 Lot 27 from the record. BE IT FURTHER RESOLVED, that the Milford Borough Finance Officer be authorized to issue a check in the amount of $648.30 to the outside lienholder known as: US BANK FOR PRO CAPITAL LLC, 50 S 16th St Suite 1950, Philadelphia, PA 19102 to finalize the redemption of Tax Sale Certificate #2013-03. This being submitted at the Regular Council Meeting on January 7, 2013. Council Vote Motion Second Ayes Nays Abstain Absent Ineligible Russell Bigley x Carole Heller x Andrew Huzar x Noralie LaFevre x x Donald Pursell x George Sniffin x x TREASURER'S REPORT

November 2012 Comments: None

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Motion to accept : Noralie LaFevre Seconded : Andrew Huzar All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Treasurer's Report approved.

TAX COLLECTOR'S REPORT December 2012 Comments: None Motion to accept : Russell Bigley Seconded

: Carole Heller All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Tax Collector's Report approved.

CLERK’S REPORT 1. December 2012 Comments: None Motion to accept : Noralie LaFevre Seconded

: Donald Pursell 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 17, 2012 : George Sniffin All in Favor - AYES: All NAYS: None ABSTAIN: None. ABSENT: None Regular Meeting Minutes of December 17, 2012 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 7:43PM. Respectfully Submitted Comments: None Motion to accept : Noralie LaFevre Seconded

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Karen Dysart, RMC Municipal Clerk

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MILFORD BOROUGH COMMON COUNCIL REGULAR MEETING

DATE: January 22,

2013 CALL TO ORDER

The Regular Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on January 22, 2013. The meeting was called to order by Mayor James Gallos at 6:30PM.

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 10, 2013 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 Carole Heller, Noralie LaFevre, Andrew Huzar, Donald Pursell, George Sniffin Absent: Russell Bigley The record reflects the presence of: Todd Bolig, Attorney and Dawn Merante, CFO NEW BUSINESS 2013 Municipal Budget Dawn Merante, Chief Financial Officer and Borough Council discussed the proposed 2013 municipal budget. Borough Council members gave Dawn Merante suggestions of items to be deducted and/or reduced in the 2013 budget. Dawn Merante and Thomas Ferry, Borough Auditor will prepare the proposed 2013 municipal budget and give copies to Council to review. Commander Casey Dienes – New Jersey State Police Commander Dienes reviewed the activities in the Borough of Milford during the month of December 2012. Teresa Kane, Milford Public School stated the school will be revisiting their emergency response plan after a teacher and student saw someone outside of the school. Commander Dienes stated he will have state troopers routinely at the school. Commander Dienes also stated he would be willing to attend a school board meeting. Commander Dienes also reminded everyone in attendance of the need to report any suspicious activity to the State Police. Email from Tony Hess, TVR Car Club regarding Car Show in Milford Borough Council members reviewed the email from Mr. Hess regarding the TVR Car Club of North America holding a car show at the Borough ball field lot. Borough Council decided to have Mr. Hess attend the next Council meeting to further discuss the possibility of

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a car show in Milford.

UNFINISHED BUSINESS Award of the 2013 Collection and Disposal of Sewage Sludge Bid

Mr. DeGennaro, Attorney for JP Mascaro and Sons stated he was here tonight to discuss the award of the Sludge Bid. Mr. DeGennaro stated JP Mascaro (Solid Waste) provided a complete bid including the business registration certification. Mr. DeGennaro stated Spectraserv's bid was approximately $2,000.00 lower but did not include the business registration certificate. After a brief discussion, Borough Council decided to waive Spectraserv's failure to include the New Jersey Business Registration Certificate with it bid as required and to consider Spectraserv's omission as immaterial and capable of curing, since Spectraserv does has a business registration but didn't include it with the bid. Spectraserv will be required to provide the NJ business registration certificate prior to award of bid. Nuisance Ordinance Councilman Sniffin informed Council that he received a letter from Hunterdon County regarding Housing Standard Ordinance, Chapter 108 and the Demolition Ordinance. The letter stated the County is not able to offer enforcement assistance to Milford Borough in connection with our request. The Borough would need to enter into a inter-local services agreement with the County and the County would be required to employ additional technical and professional personnel. Robert White, Borough resident presented to Council a document signed by the Milford Merchants regarding their concern with the on-going problem of unsightly, deteriorating and unsafe properties within the business district of Milford Borough. After a brief discussion with members of the audience, Council adopted resolution RE2013-031 regarding properties that are a danger to the safety, health and well-being of others. Attorney Bolig will prepare a resolution for Council to review. Update Borough Tax Maps Councilman Sniffin stated the need to keep moving forward on updating the tax maps. Karen Dysart, Borough Clerk stated she is waiting for two proposals on updating the maps. PUBLIC COMMENT Noralie LaFevre made a motion to open the meeting to public comments. Seconded by Carole Heller. ROLL CALL VOTE: AYES: C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: R. Bigley Motion approved.  Teresa Kane, Milford School Board Representative stated the school is still working with the State regarding the school funding allocation. George Sniffin made a motion to close the public comments portion of the meeting. Seconded by Noralie LaFevre. ROLL CALL VOTE: AYES: C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: R. Bigley LEGAL AFFAIRS REPORT – Todd Bolig, Esq.

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No report tonight. REPORTS FROM DEPARTMENT COMMISSIONERS BOROUGH LIAISON – Councilwoman Heller Fire Department-December 2012 The Fire Department responded to five alarms. The alarms were: Milford Boro. – 1-alarm Bridgeton Twp., PA - 1-fire alarm Holland Twp. - -1-chimney fire, 2-gas odors The Fire Department responded to 134 calls for 2012. Water Usage for the Month December 2012

Milford Fire – 5,000 gallons Upper Black Eddy - 2,500 gallons Milford-Holland Rescue Squad The Milford-Holland Rescue Squad responded to 65 calls, 2 drills and 65 rig responses for the month of November 2012. PUBLIC WORKS – Councilman Sniffin Water Department  Councilman Sniffin informed Council the status of the Mt. Pleasant Road water tank repair as follows: received the preliminary survey of lot 37.01, received the deed to the tank lot, Van Cleef Engineering will pick up survey and begin the design phase.  VanCleef Engineering began the design process to increase the pressure to Route 519 Holland Township residents.  Councilman Sniffin stated the Water and Sewer Departments received a request from the property owner at 17 Bridge Street to reduce the number of water and sewer units. Councilman Sniffin and Rick Aller inspected the property and found that the units the business was paying for could be reduced as the business has changed and they no longer require the extra units they are paying for currently. Councilman Sniffin recommended the water unit be reduced from four to three units and the sewer units from four units to two units. Sewer Department  Councilman Sniffin informed Council that the NJ DEP inspected the Sewer Plant on January 15, 2013 and the inspector determined that the facility was in compliance with applicable department regulations and permit conditions. Councilman Sniffin also stated the DEP now considers the inspection of the Sewer Plant Upgrade closed.  The Sewer Department replaced the scum baffles in the chlorine contact tanks.  Rick Aller called the NJDEP once during the month to report an equipment shut down due to high flows from heavy rain. Councilman Sniffin had a meeting with Rob Martucci, Rick Aller and Councilman Huzar regarding capital improvements. SOLID WASTE MANAGEMENT – Councilwoman LaFevre Recycling Councilwoman LaFevre reported the Recycling for 2012 was 164.18 tons for a cost of

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$14,018.00 and garbage was 515.63 tons for a total cost of $38,414.44 Planning Board The Planning Board held its Reorganization meeting on January 9, 2013. The Planning Board canceled the January 23, 2013 meeting as no business was brought before the board.

ORDINANCE – FIRST READING

ORDINANCE NO. 800-2013 CALENDAR YEAR 2013 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 2013 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 $54,647.81 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 concurring, that, in the CY 2013 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 $54,647.81, and that the CY 2013 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,

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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: Carole Heller Adoption: Noralie LaFevre Second: George Sniffin ROLL CALL VOTE: AYES: C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: R. Bigley Motion Carried. Public Hearing will be on March 4, 2013 RESOLUTION NO. RE2013-029 WHEREAS, The Borough of Milford requires Raffles, held in the Borough, to be licensed; and WHEREAS , All copies of the applications have been received, reviewed and found in order; and WHEREAS , All the regulations of the Borough Ordinance have been met. BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that a Raffle Licenses be granted to the PTO Milford Public School, 7 Hillside Avenue, Milford, New Jersey to hold the following event:  On-Premise Merchandise Draw Raffle  Off- Premise 50/50 Raffle awarding cash This event will be held on February 23, 2013 The event will be held on the premises of the Milford Fire Company Building, 21 Water Street, Milford, NJ 08848. THEREFORE, BE IT FURTHER RESOLVED that the Borough Clerk is hereby authorized to issue and endorse this raffle license. This being submitted at the Council meeting held on January 22, 2013. Council Vote Motion Second Ayes Nays Abstain Absent Ineligible Russell Bigley x Carole Heller x x Andrew Huzar x Noralie LaFevre x x Donald Pursell x George Sniffin x R ESOLUTION N O . RE2013-030 WHEREAS, in December of 2012, the Borough of Milford’s Common Council, pursuant to the Public Contracts Law, N.J.S.A . 40A:11-1, et seq ., advertised for bids for the collection and disposal of four hundred and forty (440) tons per annum of sewage sludge cake generated by the Borough’s Wastewater Treatment Plant, and entitled said bid project the “Wastewater Treatment Plant 2013 Collection & Disposal of Sewage Sludge”; and WHEREAS, the Borough solicited bids seeking the collection and disposal of aforesaid sewage sludge cake under three alternatives, to wit: Alternate A: Collection for one year (2013); Alternate B: Collection for two years (2013 and 2014); and Alternate C: Collection for three years (2013, 2014 and 2015) to be determined in the Borough’s sole discretion as to which of the three alternatives shall be implemented; and WHEREAS, the Borough received bids from two vendors, to wit: Solid Waste RESOLUTIONS

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Services, Inc., 2650 Audubon Road, Audubon, Pennsylvania 19403 (“Solid Waste”), and Spectraserv Inc., 75 Jacobus Avenue, South Kearny, New Jersey 07032 (“Spectraserv”); and WHEREAS, the sealed bids were opened on January 3, 2013 by the Borough with Solid Waste and Spectraserv each submitting timely bids in accordance with the Borough’s bid specifications and applicable law; and WHEREAS, the bids received were as follows: Contractor Bid Alternatives Unit Price Total Spectraserv One Year (Alternate A) $130.00 $57,200.00 Two Years (Alternate B) $130.00 $114,400.00 Three Years (Alternate C) $136.00 $179,520.00

One Year (Alternate A) Two Years (Alternate B) Three Years (Alternate C)

$135.65

$59,686.00

Solid Waste

$139.99

$123,191.20

$144.19 $190,330.80 WHEREAS, Solid Waste, on or about January 10, 2013, submitted correspondence to the Borough contesting Spectraserv’s failure to comply with the Borough’s bid instructions and requirements. Specifically, Solid Waste contends that Spectraserv failed to provide a copy of its New Jersey’s Business Registration Certificate (“NJBRC”) along with its bid package in contravention of Paragraph 20.B. of the Instructions to Bidders which states:

In response to a request for bids or a request for proposal for construction work, a contractor must include proof of its own business registration and proofs of business registration of those subcontractors required to be listed in the contractor’s submission (i.e., “named subcontractors”). The proof of business registration shall be provided at the time the bid or proposal is officially received and opened by the contracting agency.

WHEREAS, Solid Waste further contends that Spectraserv’s failure to comply with Paragraph 20.B. of the Instructions to Bidders renders Spectraserv’s bid non-compliant; and WHEREAS, Prior to January 18, 2010, a bidder was required to submit its NJBRC contemporaneously with its bid, and the bidder’s failure to do so was a fatal defect which was incapable of being cured by the bidder. Furthermore, the contracting agency was not permitted to waive said defect; and WHEREAS , N.J.S.A . 40A:11-23.2 was amended, effective as of January 18, 2010, to eliminate the requirement that a bidder must submit its NJBRC contemporaneously with its bid; and WHEREAS, N.J.S.A . 40A:11-23.2 enables a contracting agency to award a bid to a low bidder which failed to submit its NJBRC with its bid provided the low bidder had both obtained its NJBRC prior to the receipt of bids by the contracting agency and the low bidder files its bid with the contracting agency prior to the contracting agency’s award of the contract; and

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WHEREAS, on January 22, 2013, Spectraserv Inc. provided to the Borough’s attorney a copy of its NJBRC having an effective date of November 14, 1961, and an Issuance Date of March 10, 2008 which was valid as of the date of the bid opening date of January 3, 2013; and WHEREAS , the Borough Attorney, in conjunction with the Borough’s Engineer, Robert Martucci, P.E., of Van Cleef Engineering Associates, has reviewed the submitted bids and determined that Spectraserv has submitted the lowest compliant Bid under all three Alternates; and WHEREAS , the Borough Council has opted to exercise Alternate A; and WHEREAS , the Borough has appropriated sufficient funds to award the Bid, under Alternate A, to Spectraserv, Inc., in the amount of $57,200.00. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Milford that: 1. The Borough Council hereby elects to both waive Spectraserv’s failure to contemporaneously include the New Jersey Business Registration Certificate with its Bid as required by Paragraph 20.B of the Borough’s Bid specifications, and to consider Spectraserv’s omission as immaterial, capable of curing, and not in contravention of the underlying purpose and intent of the New Jersey Public Contracts Law, N.J.S.A . 40A:11-1, et seq .; and 2. The Contract for the Collection and Disposal of the Borough’s Sewage Sludge Cake be and is hereby awarded to Spectraserv Inc., 75 Jacobus Avenue, South Kearny, New Jersey 07032, under Alternate A for their Bid of $57,200.00; and 3. The Contract is awarded as a unit price bid Contract and final payment will be based upon the actual quantity of sewage sludge cake collected and disposed of by Spectraserv during the One Year period at the $130.00 unit price bid per ton, as set forth in the Borough’s Plans and Specifications. This being submitted at the Council meeting held on Tuesday, January 22, 2013. Council Member Motion Secon d Ayes Nays Abstain Absent/Ineligible Andrew Huzar x Russel Bigley x Carole Heller x Noralie LaFevre x x Donald Pursell x George Sniffin x x REGULAR MEETING MINUTES FROM PREVIOUS MEETINGS PRESENTED FOR APPROVAL Reorganization Council Meeting of January 7, 2013 Comments: None Motion to accept : Noralie LaFevre Seconded : George Sniffin All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: R. Bigley Reorganization Meeting Minutes of January 7, 2013 are approved. Regular Council Meeting of January 7, 2013 Comments: None Motion to accept : George Sniffin

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Seconded : Noralie LaFevre All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: R. Bigley Regular Meeting Minutes of January 7, 2013 are approved. TREASURER'S REPORT – DECEMBER 2012 Comments: None Motion to accept : Carole Heller Seconded : Noralie LaFevre All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: R. Bigley Treasurer's Report accepted. 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: R. Bigley Meeting adjourned at 8:44PM MILFORD BOROUGH WATER DEPARTMENT ACCOUNT DISBURSEMENTS

MILFORD BOROUGH SEWER UTILITY ACCOUNT DISBURSEMENTS

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MILFORD BOROUGH CURRENT ACCOUNT DISBURSEMENTS

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MILFORD BOROUGH CURRENT ACCOUNT DISBURSEMENTS (CONT.)

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Respectfully Submitted,

Karen Dysart, RMC Municipal Clerk

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REGULAR MEETING DATE: February 4, 2013 CALL TO ORDER The Regular Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on February 4, 2013. 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 January 17, 2013 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 Commander Dienes reviewed the activities in the Borough of Milford during the month of January 2013. Commander Dienes added a section on the report that included the activities at the Delaware Valley Regional School. Premier Disposal – Regarding Waste Disposal Costs Michael Dinardi and Frank Fiumefreddo from Premier Disposal attended tonight 's meeting to present to Council possible a cost reduction in the garbage portion of the contract. Mr. Fiumefreddo stated the Borough currently pays Hunterdon County Transfer Station $77.50 per ton for household waste. Premier Disposal stated the Borough has approximately 535 tons of garbage per year and Premier would charge $69.00/ton with all fees included for 535 tons per year. The Borough would pay this fixed fee directly to Premier Disposal. Frank also stated that curbside garbage pick up could go to any DEP facility in New Jersey. Borough Council asked the Borough Attorney to review the contract and report back to Council at the next meeting. Brent Carney, Redevelopment Attorney – Update on the Curtis Paper Site Mr. Carney, having attended the CAG meeting of January 28, 2013, updated Council on the status of the clean-up of the Curtis Paper Site. Mr. Carney stated that the responsible parties, International Paper and Georgia Pacific, are required to re-mediate the property for future uses in accordance with the zoning which is in place for that site. Mr. Carney expressed his opinion, based upon discussions with representatives of the EPA, that the site’s current zoning, which is industrial with a zoning overlay of both commercial, professional and residential uses, would most likely be re-mediated to industrial Russell Bigley, Carole Heller, Noralie LaFevre, Andrew Huzar, Donald Pursell, George Sniffin The record reflects the presence of: Todd Bolig, Attorney. NEW BUSINESS Commander Casey Dienes – New Jersey State Police

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standards and not the more stringent residential standards. Mr. Carney further informed Council that the greatest opportunity and the best chance for success to have the Curtis Paper Site cleaned to residential standards would be to amend the current redevelopment plan by eliminating the industrial zone. Council had a brief discussion with members in the audience on the Curtis Paper Site clean- up standards. Mr. Carney stated the following would need to be accomplished in order to amend the current redevelopment plan:  Resolution to retain a Planner  Resolution to retain a Engineer  Visioning and Community Input and Participation  Draft a amended plan  Resolution from the Governing Body to the Planning Board for a consistency review to the Master Plan  Resolution from Planning Board to the Governing Body after their review  Ordinance to adopt amendment of redevelopment  45 Day waiting period after the Borough’s adoption of the ordinance during which time the revised Redevelopment Plan is subject to possible legal challenge Attorney Carney instructed Council that if they wish to modify the Redevelopment Plan that time was of the essence as the Plan’s amendment would need to be done by the fall of 2013, prior to the EPA’s public comment period. Finally, Mr. Carney stated that there is no absolute guarantee that the site would be re- mediated to residential standards notwithstanding the Borough’s amendment of its redevelopment plan to residential zoning. UNFINISHED BUSINESS Tony Hess, TVR Car Club – Use of Milford Ballfield Mr. Hess, President of the TVR Car Club stated he was here tonight to ask Council whether the TVR Car Club could use the Milford Ballfield for a car show on July 13, 2013. Mr. Hess stated there would be approximately 75-100 cars in the show. Borough Council stated the TVR Car Club could use the field with the following guidelines: contact the DVAA for use of field, certificate of insurance and proper bonding. PUBLIC COMMENT Donald Pursell made a motion to open the meeting to public comments. Seconded by Carole Heller. ROLL CALL VOTE: AYES: R. Bigley, C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved.  Rob Castagna, Spring Garden Street, stated Premier Disposal has done an excellent job in the Borough picking up trash and recycling.  Bob White, 78 Frenchtown Road, stated he will be going to the Hunterdon County Freeholder's meeting tomorrow tonight to discuss the problem of dilapidated houses in the Borough. Doug Sloyer, Milford Fire Chief stated he spoke to the brother of the owners of 18 and 23 Bridge Street and he said they are planning on selling the properties in the Spring of 2013.

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Carole Heller made a motion to close the public portion of the meeting. Seconded by Noralie LaFevre. ROLL CALL VOTE: AYES: R. Bigley, C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved. LEGAL AFFAIRS REPORT – TODD BOLIG  Attorney Bolig informed Council that the Gaelic Communication lawsuit will be heard on March 1, 2013 at 1:30PM at the Hunterdon County Court House.  Attorney Bolig stated Robert Martucci, Borough Engineer had reached out to the US Wildlife Resources regarding the two grant applications. Attorney Bolig stated if the Borough is able to apply for the two US Wildlife grants, Princeton Hydro would have to prepare the information.  Attorney Bolig stated the Stone's Dam bid specifications needed to be modified and Princeton Hydro made the change. A resolution will be presented to Council to regarding a change to Princeton Hydro contract. SAFETY/ADMINISTRATION – MAYOR JAMES GALLOS No report tonight. BOROUGH MAINTENANCE – COUNCILMAN ANDREW HUZAR  The Road Department took down the Christmas decorations around the Borough.  The Road Department removed wood and garbage from the tennis courts.  The lollicolumn at the intersection of Spring Garden and Church Street was installed by the Road Department.  The Road Department patched holes around the Borough.  On January 16, 2013 the Road Department salted roads in the Borough. FINANCE – COUNCILWOMAN NORALIE LAFEVRE  Councilwoman LaFevre stated the proposed budget figures have been forwarded to the Borough Auditor.  Councilwoman LaFevre stated the Borough Clerk contacted General Code to begin the first part of the re-codification process. The process will begin with a legal review of the existing ordinances. PUBLIC WORKS – COUNCILMAN GEORGE SNIFFIN  Councilman Sniffin attended a meeting with Councilman Huzar, Alan Turdo and the Road Department personnel regarding the driver 's license requirements.  Rick Aller reported to Councilman Sniffin that the water tank had three more leaks that needed to be repaired. RESOLUTIONS R ESOLUTION N O . RE2013-031 WHEREAS , the residents of Milford Borough and the Milford Borough Common Council recognize that various properties within the Borough of Milford have degraded to such

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an extent that these properties are aesthetically un-pleasing and a blight to both neighboring residents and businesses. Most critically, these properties have the potential to endanger the safety, health, and well-being of those living, working, and traveling adjacent to such properties; and WHEREAS , the condition of these subject properties, if left unabated, may detrimentally impact the Borough by lowering not only the taxable value of those specific properties but those surrounding properties upon which the Borough’s tax-revenue depends; and WHEREAS , the Milford Borough Common Council recognizes that the problems attendant to these properties is symptomatic of the current economic environment: Specifically, the high rate of un-employment which, in turn, has led to an abundance of foreclosures both within the State of New Jersey and nationally; and WHEREAS , many of these subject properties have title owners having neither the financial incentive nor the financial wherewithal to either maintain their properties or to rectify local and State code violations existing on said properties; and WHEREAS , the Borough of Milford is cognizant of the fact that the conditions attendant to these few properties within the Borough also exist and plague many other municipalities within Hunterdon County and throughout the State of New Jersey; and WHEREAS , the Borough of Milford Common Council believes that many local municipalities, including the Borough of Milford, lack both the requisite financial resources and the personnel to properly investigate such properties, to notify the property’s title-owners and / or mortgage holders of any code infraction(s), and to properly prosecute and enforce those properties with continuing and un-abated code violations; and WHEREAS , the Borough of Milford Common Council, in light of the absentee and un- responsive owners of these properties, deems it is imperative that legislation be adopted including provisions whereby: - Mortgagees of such a property(ies) assume responsibility for maintaining all such property to ensure the safety, health, and well-being of those living, working, and traveling adjacent to such properties; and - Mortgagees, during the pendency of any foreclosure action, be mandated to conduct periodic inspections of each such property and to timely remediate any and all continuing violations of the New Jersey Building Code and local ordinances. NOW, THEREFORE, BE IT RESOLVED on this 4 th day of February, 2013 by the Borough of Milford in Hunterdon County, State of New Jersey, that: 1. The Borough of Milford seeks the creation, adoption and implementation of legislation ensuring that the mortgagee of any property found to be in disrepair or in contravention of both local ordinances and the New Jersey Building Code is to be declared the responsible party in the repair and remediation of any condition violating either the New Jersey Building Code or local ordinances; and 2. The Borough of Milford additionally further seeks the creation, adoption and implementation of appropriate legislation which would mandate that the mortgagee of any property, which is subject to foreclosure proceeding, conduct periodic inspections of each such property and to timely remediate any and all continuing violations of the New Jersey Building Code and local ordinances; and 3. A certified copy of this resolution shall be forwarded to Governor Chris Christie, Senator Michael Doherty, Assemblyman John DiMaio, Assemblyman Erik Peterson, the Clerks and Mayors of all municipalities within Hunterdon County, the Hunterdon County

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Freeholders, and the New Jersey State League of Municipalities. This being submitted at the Council meeting held on Monday, February 4, 2013. Council Member Motion Second Ayes Nays Abstain Absent/Ineligible Andrew Huzar x Russel Bigley x Carole Heller x x Noralie LaFevre x x Donald Pursell x George Sniffin x RESOLUTION NO. RE2013-032 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 February 4, 2013. Council Vote Motion Second Ayes Nays Abstain Absent Ineligible Russell Bigley x Carole Heller x x Andrew Huzar x Noralie LaFevre x x Donald Pursell x George Sniffin x RESOLUTION NO. RE2013-033 WHEREAS, the Borough of Milford Common Council has entered into closed Executive Sessions to discuss various matters as permitted by N.J.S.A. 10:4-12(b); and WHEREAS, the Borough resolved to close public session pursuant to N.J.S.A. 10:4-13 and enter into Executive Session on the following dates: 10/03/2011 06/04/2012 11/21/2011 09/04/2012 02/06/2012 WHEREAS, legal counsel for the Borough has determined that the matters discussed in Executive Session, on the aforesaid dates, are now appropriate for approval and release to the public as the subject matter of said Executive Sessions:  No longer require confidentiality as each such matter of the aforesaid Executive Session minutes have been resolved;  In the case of litigation-related matters, the litigation has been concluded to a final judgment with no further opportunity for appeal being available. NOW, THEREFORE, be it Resolved by the Borough of Milford Common Council as follows: 1. That the Executive Session Meeting Minutes for the aforesaid dates referenced herein be and hereby are approved; and 2. That the Executive Session Meeting Minutes for the aforesaid dates referenced herein be made immediately available to the public. This being submitted at the Council meeting held on February 4, 2012. 11/05/2012 12/17/2012

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Council Vote Russell Bigley Carole Heller Andrew Huzar Noralie LaFevre Donald Pursell George Sniffin

Motion Second Ayes

Nays

Abstain

Absent

Ineligible

x

x x x x x

x

x RESOLUTION NO. RE2013-034 AMENDED

BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that Donald Pursell has been appointed Municipal Representative to the Solid Waste Advisory Council (SWAC) and appoints Council member Russell Bigley as Alternate to the Solid Waste Advisory Council. The term of this appointment is from January 1, 2013 through December 31, 2013. This being submitted at the Reorganization meeting of the Milford Borough Common Council held on February 4, 2013. Council Vote Motion Second Ayes Nays Abstain Absent Ineligible Russell Bigley x Carole Heller x Andrew Huzar x Noralie LaFevre x x Donald Pursell x George Sniffin x x RESOLUTION NO. RE2013-035 WHEREAS , employees of the Borough of Milford drive Borough owned and insured vehicles or personal vehicles to perform Borough business; and WHEREAS , representatives of Wells Fargo Insurance and PAIC recommend that the Borough perform annual drivers license status checks to insure that all drivers licenses are current and valid. NOW, THEREFORE, BE IT RESOLVED , by the Common Council of the Borough of Milford, in the County of Hunterdon and State of New Jersey that authorization is given to the Municipal Clerk to perform annual drivers license status checks on all employees who drive Borough owned vehicles, Borough insured vehicles or personal vehicles for Borough business. BE IT FINALLY RESOLVED , that a certified copy of this Resolution be forwarded to the Department of Public Works Supervisor by the Municipal Clerk. This being submitted at the regular meeting of the Milford Borough Common Council held on February 4, 2013. Council Vote Motion Second Ayes Nays Abstain Absent Ineligible Russell Bigley x x Carole Heller x Andrew Huzar x Noralie LaFevre x x Donald Pursell x George Sniffin x

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RESOLUTION RE2013-036 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR THE RETENTION OF PRINCETON HYDRO, LLC, FOR THE RE-BIDDING & RE- ENGINEERING ASSOCIATED WITH THE REMOVAL OF THE STONE’S DAM AND THE CHANNEL STABILIZATION OF THE MILFORD CREEK. WHEREAS, as a direct result of Hurricane Irene and the heavy rainfalls experienced immediately thereafter, the Stone’s Dam #24-50 was severely damaged to such a degree that said dam cannot be repaired; and WHEREAS, the complexities and engineering requirements associated with the removal of the Stone’s Dam and the stabilization of the Milford Creek a/k/a the Quequacommisacong Creek requires the services and expertise of an individual or firm familiar with such projects; and WHEREAS, Mary L. Paist-Goldman, P.E., of the firm “Princeton Hydro, LLC” of Ringoes, New Jersey has extensive experience in, inter alia , the fields of dam removal, waterway restoration and embankment stabilization as well as extensive experience in the writing of grants necessary to obtain public funding for such projects; and WHEREAS, Princeton Hydro, LLC has submitted a proposal dated January 15, 2013 for the Stone’s Dam Removal and the Milford Creek Stabilization which entail all engineering support service associated with the re-engineering of the plans and specifications for said project due to the Borough’s re-bidding of said project; and WHEREAS, the proposal sets forth that the work to be performed by Princeton Hydro shall be on a “time and material” basis and shall not exceed a maximum contract value of $3,000.00; and WHEREAS, the Borough has appropriated sufficient funds to award the contract to Princeton Hydro, LLC, in an amount not to exceed Three Thousand Dollars ($3,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE MILFORD BOROUGH COMMON COUNCIL that: Princeton Hydro’s proposal dated January 15, 2013 for the Stone’s Dam Removal and the Milford Creek Stabilization, a copy of which is attached hereto and made a part hereof, be and hereby is accepted by the Milford Borough Common Council who authorizes the award of said contract to Princeton Hydro, LLC in accordance with the terms set forth therein. This being submitted at the Council meeting held on Monday, February 21, 2013. Council Member Motion Second Ayes Nays Abstain Absent/Ineligible Andrew Huzar x Russel Bigley x Carole Heller x Noralie LaFevre x x Donald Pursell x x George Sniffin x TAX COLLECTOR'S REPORT January 2013 Comments: None Motion to accept : Carole Heller Seconded : Noralie LaFevre

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All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Tax Collector's Report approved. CLERK’S REPORT

1. January 2013 Comments: None Motion to accept : George Sniffin Seconded

: Donald Pursell 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 January 22, 2013

Comments: None Motion to accept

: Noralie LaFevre

Seconded : Russell Bigley All in Favor - AYES: All NAYS: None ABSTAIN: None. ABSENT: None Regular Meeting Minutes of January 22, 2013 approved. CORRESPONDENCE LIST Correspondence was reviewed as presented. MISCELLANEOUS  Councilwoman Heller stated all Road Department employees (part-time and full-time) should be fingerprinted. All Council members agreed.  Councilman Bigley had a brief discussion with Council members regarding use of the Government Use Property (Borough Farm). Some of the ideas for the Borough Farm were possible car shows, dog shows, art shows and possibility renting the park land. 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 Carole Heller All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Meeting adjourned at 9:00PM. Respectfully Submitted

Karen Dysart, RMC Municipal Clerk

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MILFORD BOROUGH COMMON COUNCIL REGULAR MEETING

DATE: February 19, 2013

CALL TO ORDER The Regular Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on February 19, 2013. The meeting was called to order by Council President George A. Sniffin at 7:00PM. PLEDGE OF ALLEGIANCE was led by George Sniffin, Council President and Boy Scout Troop # 187 SUNSHINE PROCLAMATION was read by Council President, George Sniffin. As required by the Open Public Meetings Act of 1975, adequate notice of this meeting was provided on January 17, 2013 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: Russell Bigley, Carole Heller, Noralie LaFevre, Andrew Huzar, Donald Pursell, George Sniffin Absent: James Gallos The record reflects the presence of: Todd Bolig, Attorney. Council President Sniffin welcomed the Boy Scouts who were in attendance tonight. NEW BUSINESS Amy Coss, Milford Oyster House regarding extending outside of the licensed premise Amy Coss, Owner of the Milford House presented to Council a plan for serving outside of the Oyster House. Amy stated there is approximately ten feet of room for tables. Councilman Sniffin stated that Amy should check with John Glynn, Hunterdon County Roads & Bridges regarding road right-of-way and the Borough's Land Use Board. Milford-Holland Rescue Squad – 2013 Budget Presentation Larry Lutz, Captain presented the yearly operational report from January 1, 2012 to December 31, 2012. The Borough of Milford had 161 calls which represented 22.10% of all calls. Mr. Lutz stated that for 2013 the squad is requesting the $28,340.82 for their expense budget and new equipment budget. The insurance company has been covering the cost of the paid crew expenses. The Rescue Squad stated they will be meeting with Frenchtown Borough on the 2013 budget this week. Council thanked the rescue squad for their proposal. Milford Fire Company – 2013 Budget Presentation Douglas Sloyer, Milford Fire Chief reviewed the 2012 expenses and the proposed 2013 budget. The proposed budget request is for $37,000.00 which is the same as last year. Chief

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Sloyer stated that the fire company is in dire need of complete sets of turnout gear. The cost is approximately $2,000.00 per man. Currently, the turnout gear has been pieced together so firefighters could attend fire training. Chief Sloyer started the firefighters expose themselves to the hazardous of a fire without the proper fitting suits.

UNFINISHED BUSINESS Sub-Committee – Curtis Paper Redevelopment

Councilman Sniffin stated he received the sub-committee representatives from Mayor Gallos. The sub-committee members are as follows: James Gallos, Noralie LaFevre, Armand Perez, Rebecca Rose, Ronald Rehl. Update Borough Tax Maps Councilman Sniffin stated he received a revised proposal not to exceed $15,000.00 from VanCleef Engineering to update the tax maps. PUBLIC COMMENT Donald Pursell made a motion to open the meeting to public comments. Seconded by Noralie LaFevre. ROLL CALL VOTE: AYES: C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None Motion approved.  Wayne Miller, Water Street stated he was here tonight to let Borough Council know that the Milford Merchant Association is planning to hold “Milford Alive” again this year. Mr. Miller stated he hopes that the Council will be more involved with the event this year. Mr. Miller also gave Council a copy of the information regarding the event.  Robert White, 78 Frenchtown Road stated the Milford Alive event last year was a great event for the town. Mr. White also stated he met with the Hunterdon County Freeholders regarding the nuisance resolution. The Freeholders were interested in the resolution.  Rob Castagna, Spring Garden Street, had a few comments on the Fire Company and Rescue Squad presentations.  Carol Bernotas, 31 Carpenter Street stated she is in support of the Milford Alive event. George Sniffin made a motion to close the public comments portion of the meeting. Seconded by Noralie LaFevre. ROLL CALL VOTE: AYES: C. Heller, A. Huzar, N. LaFevre, D. Pursell, G. Sniffin NAYS: None ABSTAIN: None ABSENT: None LEGAL AFFAIRS REPORT – Todd Bolig, Esq.  Attorney Bolig stated that Gaelic Communication lawsuit will be heard on March 1, 2013 at 1:30 pm at the Flemington Court House.  Attorney Bolig stated the bid for Stone's Dam #24-50 Removal and Bank Stabilization Project at the Borough Park has been rescheduled for Tuesday, February 26, 2012 at 11:00 a.m. BOROUGH REDEVELOPMENT – Councilman Bigley Councilman Bigley stated he has received a copy of the Monthly Progress Report from Alison

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