TOWNSHIP OF LOPATCONG COUNCIL MEETING

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1 TOWNSHIP OF LOPATCONG COUNCIL MEETING March 6, 2013 The Council Meeting of the Lopatcong Township Council was called to order at 7:30 pm by Mayor Steinhardt. The meeting was held in the Municipal Building located at 232 S. Third St., Phillipsburg, New Jersey Mayor Steinhardt stated adequate notice of this meeting has been provided indicating the time and place of the meeting in accordance with Chapter 231 of the Public Laws of 1975 by advertising a Notice in The Star Gazette and The Express-Times and by posting a copy on the bulletin board in the Municipal Building. A prayer was offered followed by the Oath of Allegiance. Present: Mayor Steinhardt, Council President Camporine, Councilman Belcaro, Councilwoman Ciesla and Councilwoman McCabe. Also present were Tax Collector Edinger, Attorney Campbell and Engineer Sterbenz. Resolution No was passed to hold an Executive Session to discuss contractual matters. Public Comment Public asked questions on agenda items. Old Business: Minutes Mayor Steinhardt asked for a motion to approve the minutes of February 6, Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: New Business: Resolution No Approve Mayor execute agreement with Sunesys, LLC to install, operate and maintain fiber optic cabling within the Township of Lopatcong. RESOLUTION NO RESOLUTION OF THE TOWNSHIP OF LOPATCONG, COUNTY OF WARREN AND STATE OF NEW JERSEY AUTHORIZING SUNESYS, LLC TO INSTALL, OPERATE AND MAINTAIN FIBER OPTIC CABLE WITHIN THE TOWNSHIP OF LOPATCONG WHEREAS, Sunesys, LLC (hereinafter Sunesys ), is authorized to provide telecommunications and related services in the State of New Jersey; and WHEREAS, Sunesys desires to install, operate and maintain fiber optic cable within the corporate boundaries of the Township of Lopatcong; and WHEREAS, Sunesys proposes to install its fiber optic cable on or in existing telephone, electric or cable conduit poles located on the public Rights-of Way; said polls being owned and maintained by the public utility; and WHEREAS, the Municipality is empowered to enter into this agreement pursuant to N.J.S.A. 48:17-10 through N.J.S.A. 48:17-12; and WHEREAS, the Township Council of the Township of Lopatcong finds the installation of fiber optic cable by Sunesys, LLC within the Township to be in the public interest; and

2 NOW, THEREFORE, BE IT RESOLVED on this 6 th day of March, 2013, by the Township Council of the Township of Lopatcong, in the County of Warren, State of New Jersey, as follows: 1. That Sunesys is hereby granted municipal consent for an initial period of ten (10) years, commencing on the effective date of the Rights-of Way Use Agreement (Agreement), to install, operate and maintain its fiber optic cable within the Township s Rights-of Way. 2. That unless the Agreement is terminated by either party in accordance with the provisions therein; upon the expiration of the initial term or a prior extension term, the Agreement shall automatically be extended for up to three (3) additional terms of ten (10) years, each upon the terms and conditions set forth in the agreement; unless either party gives written notice to the other party of its intent not to renew this Agreement at least twelve (12) months prior to the expiration of the initial term or then effective extension term. 3. That the instillation, operation and maintenance of Sunesys fiber optic cable shall be in accordance with the routing plan previously provided to the Township for approval and with the terms set forth in the Rights-of Way Use Agreement. 4. That the installation, operation and maintenance of Sunesys fiber optic cable shall not interfere with the safety or convenience of persons or vehicles traveling on public streets, highways or rights-of way within the Township. 5. That Sunesys shall at all times, indemnify and hold harmless the Township and its employees from any and all actions, claims, suits or demands or costs that may be made by any person or persons, company or corporation for or by reason of any injury including death or damage to any person or thing or property whatever resulting from or associated with the installation, operation, repair or maintenance of the fiber optic cable, conduit or associated facilities. 6. That Sunesys shall be liable to the Township for any and all damages caused and/or sustained by the Township for and by reason of construction, installation, repair, operation and maintenance of the fiber optic cable, conduit or associated facilities. BE IT FURTHER RESOLVED THAT in consideration of the right to install, operate and maintain fiber optic cable within the Township s Rights-of Way, Sunesys shall compensate the Township for reasonable costs incurred by the Municipality as set forth in the Rights-of Way Use Agreement. BE IT FURTHER RESOLVED THAT should there be any deviation from either the routing or method of installation as presently proposed, Sunesys shall notify the Township in writing and post a Performance Bond for the work, if said Bond is determined by Township to be required, and shall compensate the Township at the prevailing rates for engineering review of any expanded or amended application. BE IT FURTHER RESOLVED THAT the Mayor is authorized to sign a Right-of Way Use Agreement that is consistent with this grant of municipal consent. ATTEST: TOWNSHIP OF LOPATCONG MARGARET B. DILTS, RMC DOUGLAS STEINHARDT, MAYOR

3 CERTIFICATION I, Margaret B. Dilts, Municipal Clerk of the Township of Lopatcong, County of Warren, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a Resolution adopted by the Township Council of Lopatcong Township at a meeting held on Wednesday, March 6, MARGARET B. DILTS, CMC Ordinance No First reading to Amend, Revise and Supplement Article III, Smoke- Free Zones, Chapter 109 Municipal Buildings of the Code to Prohibit Smoking on Public Property. ORDINANCE NO ORDINANCE OF THE TOWNSHIP OF LOPATCONG, COUNTY OF WARREN, STATE OF NEW JERSEY TO AMEND, REVISE AND SUPPLEMENT ARTICLE III, SMOKE-FREE ZONES, CHAPTER 109 MUNICPAL BUILDINGS OF THE CODE OF THE TOWNSHIP OF LOPATCONG TO TO PROHIBIT SMOKING ON PUBLIC PROPERTY WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and Imposed by this subtitle, or by any law; and WHEREAS, Article III, "Smoke-Free Zone," Chapter 109 Municipal Buildings, of the Code of the Township of Lopatcong in its current form only prohibits smoking within the municipal building and does not address smoking in any other public building or on public property, such as public parks and recreation areas; and WHEREAS, the previous State legislation which prohibited municipalities from passing strict local smoking laws that differed from the State standards was repealed and the State now expressly authorizes municipalities to enact strict ordinances regulating smoking under N.J.S.A. 26:3D-63; and WHEREAS, N.J.S.A. 2C:33-13b also provides that the owner and/or operator of a public place, such as public parks and recreational areas, may prohibit smoking on such property; and WHEREAS, the Township Council recognizes the well-known health and safety risks posed by smoking and finds that it is within the public interest to prohibit smoking in public buildings and on public property, such as public parks and recreation areas; and WHEREAS, the Township Council has determined that the public interest is especially implicated in preventing the youth of Lopatcong from being exposed and succumbing to the temptations of experimenting with tobacco products; and WHEREAS, the Township Council also finds that the appearance of parks and recreation areas can be enhanced and the limited resources of the Township's Department of Public Works can be conserved if smoking were to be banned from such areas, thereby keeping such areas free of the litter typically generated by the smoking of cigarettes, such as cigarette butts, ashes and packaging. NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Lopatcong that the Code of the Township of Lopatcong, Article III Smoke-Free Zones, Chapter 109 shall be deleted its entirety and replaced as follows:

4 Section 1: ARTICLE III Smoke-Free Zones Public Property Definitions. As used in this chapter, the following words shall have the following meanings: ENCLOSED AREA shall mean all areas between a floor and a ceiling, extending to the outer perimeter walls of a structure. PARKS AND RECREATIONAL FACILITIES shall include all public parks, playgrounds, ball fields, publicly owned or leased by the Township of Lopatcong and all property owned or leased by the Township of Lopatcong upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such faculties, including, but not limited to, any parking area driveway or drive aisle. MUNICIPAL BUILDINGS shall include all structures owned, leased, rented and/or operated by the Township of Lopatcong, and/or occupied by Township employees and used for official business of the Township of Lopatcong. SMOKING: the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device Prohibition of Smoking in Public Places; Signs. A. Smoking shall be prohibited in all MUNICIPAL BUILDINGS as defined herein. No smoking signs or the international no smoking symbol (consistent of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each MUNICIPAL BUILDING entrance and within each closed are where smoking is prohibited by this chapter. The sign shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibit therein. The sign shall also indicate that violators are subject to a fine. B. Smoking shall be prohibited within a thirty-five (35) foot radius of the front entrance of all MUNICIPAL BUILDINGS. No smoking signs or the international no smoking symbol (consistent of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the buildings and at the thirty-five (35) foot perimeter of the front entrance of all MUNICIPAL BUILDING where smoking is prohibited by this chapter. The sign shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibit therein. The sign shall also indicate that violators are subject to a fine. C. Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the Township of Lopatcong and all property owned or leased by the Township of Lopatcong upon which the public is invited or upon which the public is permitted or individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no smoking signs. No smoking signs or the international no smoking symbol (consistent of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The sign shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibit in the designated area. The sign shall also indicate that violators are subject to a fine. D. Smoking shall be prohibited in any vehicle registered to the Township of Lopatcong Enforcement.

5 The enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Township of Lopatcong Violations and Penalties. Any person who violates any provision of this chapter shall be subject to a fine not less than $ for the first offense, $ for the second offense and $1, for each subsequent offense. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provision of the Township of Lopatcong s policies and procedure. Section 2: All other sections shall remain unchanged. Section 3: Severability. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder off this Ordinance shall not be affected thereby. Section 4. Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only. Section 5. Effective Date. This Ordinance shall take effect upon final passage and publication. NOTICE NOTICE is hereby given that the foregoing Ordinance was introduced to pass on first reading at a regular meeting of the Council of the Township of Lopatcong held on March 6, 2013, and ordered published in accordance with the law. Said Ordinance will be considered for final reading and adoption at a regular meeting of the Township Council to be held on April 3, 2013 at 7 p.m. or as soon thereafter as the Township Council may hear this Ordinance at the Municipal Building, 232 S. Third Street, Phillipsburg, New Jersey, at which time all persons interested may appear for or against the passage of said Ordinance. Mayor Steinhardt asked for a motion to adopt this Ordinance on first reading. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: Stateline Lacrosse Approve Boys Youth Stateliner Lacrosse use of Lopatcong s upper field at the park. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: Warren County Technical School PTA Donate an individual pool pass for PTA Tricky Tray. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: Resolution No Authorizing redemption of Tax Sale Certificate No in the amount of $19, on Block 95, Lot 39.

6 R13-43 RESOLUTION OF THE TOWNSHIP OF LOPATCONG, COUNTY OF WARREN AND STATE OF NEW JERSEY AUTHORIZING REFUND OF REDEMPTION MONIES TO OUTSIDE LIENHOLDER ON BLOCK 95, LOT 39 WHEREAS, at the Lopatcong Township Tax Sale held on October 21, 2011, a lien was sold on Block 95, Lot 39, also known as 210 Strykers Road for 2010 delinquent taxes; and WHEREAS, this lien, known as Tax Sale Certificate No was sold to US Bank Cust/Crestar Capital, LLC for a premium of $3,800.00; and WHEREAS, Mark Piell, property owner, has satisfied the redemption amount on Certificate No in the amount of $16, NOW, THEREFORE, BE IT RESOLVED on this 6 th day of March that the Chief Financial Officer be authorized to issue a check in the amount of $19, for the redemption of Tax Sale Certificate No and Premium to: US BANK CUST/CRESTAR CAPITAL, LLC 50 s. 16 TH St., Suite 1950 Philadelphia, PA CERTIFICATION I, Margaret B. Dilts, Municipal Clerk of the Township of Lopatcong, County of Warren and State of New Jersey do hereby certify the foregoing to be a true and correct copy of a Resolution adopted by Council at meeting held on Wednesday, March 6, Mayor Steinhardt asked for a motion to adopt this Resolution. Motion by Councilman Belcaro, seconded by Councilwoman Ciesla. Roll call vote: Resolution No Authorizing redemption of Tax Sale Certificate No in the amount of $17, on Block 93, Lot 11. R RESOLUTION OF THE TOWNSHIP OF LOPATCONG, COUNTY OF WARREN AND STATE OF NEW JERSEY AUTHORIZING REDEMPTION OF TAX SALE CERTIFICATE NO ON BLOCK 93, LOT 11 WHEREAS, at the Lopatcong Township Municipal Tax Sale held on October 21, 2011, a lien was sold on Block 93, Lot 11 also known as 278 Lows Hollow Road for 2010 delinquent taxes; and WHEREAS, this lien known as Tax Sale Certificate No was struck off to the Township of Lopatcong for 18% interest; and WHEREAS, MTAG Cust for MACWCP II NJ, LLC, holder of a prior outstanding tax lien certificate, has satisfied the redemption amount on Certificate No in the amount of $17, NOW, THEREFORE, BE IT RESOLVED on this 6 th day of March 2013 that the Mayor of the Township of Lopatcong and the Municipal Clerk signed Tax Sale Certificate No for cancellation of record.

7 CERTIFICATION I, Margaret B. Dilts, Municipal Clerk of the Township of Lopatcong, County of Warren and State of New Jersey do hereby certify the foregoing to be a true and correct copy of a Resolution adopted by Council at meeting held on Wednesday, March 6, Mayor Steinhardt asked for a motion to adopt this Resolution. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: Resolution No Authorizing the transfer of Appropriation Reserves of the 2012 Lopatcong Township Municipal Budget during the first three months of the year as per N.J.S.A. 40A:4-59 in the amount of $19, R RESOLUTION OF THE TOWNSHIP OF LOPATCONG, COUNTY OF WARREN AND STATE OF NEW JERSEY AUTHORIZING THE TRANSFER OF APPROPRIATION RESERVES OF THE 2012 LOPATCONG TOWNSHIP MUNICIPAL BUDGET DURING THE FIRST THREE MONTHS OF THE YEAR AS PER N.J.S.A. 40A:4-59 WHEREAS, it has become necessary to expend an amount of the respective items appropriated in the 2012 Lopatcong Township Municipal Operating Budget. NOW, THEREFORE, BE IT RESOLVED as per N.J.S.A. 40:A4-59 that the Mayor and Council of the Township of Lopatcong authorize the Chief Financial Officer to make the following appropriation transfers: FROM: TO: A Fire Hydrant Service $8, A Planner $10, A Electricity $2, A Unemploy. Ins. $8, A Computer $8, TOTAL: $19, TOTAL: $19, CERTIFICATION I, Margaret B. Dilts, Municipal Clerk of the Township of Lopatcong, County of Warren and State of New Jersey do hereby certify the foregoing to be a true and correct copy of a Resolution adopted by Council at meeting held on Wednesday, March 6, Mayor Steinhardt asked for a motion to adopt this Resolution. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: South Warren Municipal Alliance Contract Motion by Council President Camporine, seconded by Councilman Belcaro for the Mayor to execute the contract. Roll call vote:

8 Announcements: Easter Egg Hunt is scheduled for Saturday, March 23 rd at 10:00 am at the park. Rain date is Sunday, March 24 th at 2:00 pm. Council Reports: Councilman Belcaro Reported on the Sewer Meeting held in Phillipsburg attended by Pohatcong, Alpha, Greenwich and Lopatcong. A 2% increase was imposed starting in July of this year to cover improvements to the plant. Vote 5-3 Lopatcong voting against the increase. Pump Station Project is on track; borings taken, reports out within 30 days, advertise for project next 30 to 60 days with work starting over the summer and completion within 11 months. Councilwoman Ciesla Reported that the LAA is still looking for a president. 150 th celebration is waiting on budget numbers. School budget has been submitted to the County. Salary Committee will meet to clean up the ordinance. Councilwoman McCabe Reported that the builder of the over 55 development withdrew their application from the Planning Board. South Warren Regional Police Commission Questions and Answers are being reviewed on Pohatcong side and will then be placed on the website. Council President Camporine Hazardous Waste Cleanup is scheduled at the County Recycling Center on April 28 th. Mayor Steinhardt Reported on the following: Resolution No Approve In Rem Foreclosure Proceedings. RESOLUTION OF THE TOWNSHIP OF LOPATCONG, COUNTY OF WARREN AND STATE OF NEW JERSEY TO AUTHORIZING IN REM FORECLOSURE PROCEEDINGS WHEREAS, the Township of Lopatcong holds Tax Certificates more specifically set forth in the annexed Tax Foreclosure List, which pertain to property within Lopatcong Township; and WHEREAS, the Mayor and Township Council of Lopatcong Township has determined that said Tax Certificates shall be foreclosed by summary proceedings in rem. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Lopatcong, County of Warren and State of New Jersey as follows: That the Tax Certificates, as shown on the annexed Tax Foreclosure List, now held by The Township of Lopatcong be foreclosed by summary process In Rem as described In N.J.S.A. 54: , et. seq., as amended, and pursuant to the Rules of Civil Practice of the Superior Court of New Jersey. ATTEST: TOWNSHIP OF LOPATCONG TOWNSHIP COUNCIL Douglas J. Steinhardt, Mayor CERTIFICATION I, Margaret B. Dilts, Municipal Clerk of the Township of Lopatcong, County of Warren and State of New Jersey do hereby certify the foregoing to be a true and correct copy of a Resolution adopted by Council at meeting held on Wednesday, March 6, 2013.

9 Mayor Steinhardt asked for a motion to adopt this Resolution. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: Lopatcong PTO Requested the Township donate a Family Pool Pass. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: 4 th Annual Policemen s Ball - Requested the Township donate an Individual Pool Pass. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: Resolution No Animal Control Due to Betty Wysocki s passing, her husband requested that he take over the entire job that was split between them both in the past. R RESOLUTION OF THE TOWNSHIP OF LOPATCONG, COUNTY OF WARREN AND STATE OF NEW JERSEY AUTHORIZING GARY WYSOCKI TO ASSUME BETTY WYSOCKI S RESPONSIBLITIES AS ANIMAL CONTROL OFFICER WHEREAS, Betty and Gary Wysocki were appointed Animal Control Officers for the Township of Lopatcong per Civil Service on October 5, 2005; and WHEREAS, due to the passing of Betty Wysocki, Gary will assume all responsibilities of Betty s position and shall be collect that rate of pay per salary ordinance. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of Lopatcong, County of Warren and State of New Jersey approve Gary Wysocki to assume all responsibilities of Animal Control Officer for the Township. CERTIFICATION I, Margaret B. Dilts, Municipal Clerk of the Township of Lopatcong, County of Warren and State of New Jersey do hereby certify the foregoing to be a true and correct copy of a Resolution adopted by Council at meeting held on Wednesday, March 6, Mayor Steinhardt asked for a motion to adopt this Resolution. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: Pool Memberships/PavilionRentals/Recreation Program Rates Family passes shall increase by $10.00, Individual passes by $5 and Daily rate for non-residents shall be $6. Pool party rates shall increase by $10 for resident and $20 for non-resident. Pavilion rentals shall increase by $10 for resident and $15 for non-residents. Recreation Program rates will increase $50 for all applications and $25 for Drop-In applications. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote:

10 Audience Participation Council addressed numerous questions and comments from the public. Edward Schuster Reported to Council that he witnessed a near collision on First and Baltimore Streets. Council requested Engineer Paul Sterbenz to conduct a Traffic Control Study. Motion by Council President Camporine, seconded by Councilman Belcaro. Roll call vote: Mayor Steinhardt asked for a motion to adjourn the meeting. Motion by Council President Camporine, seconded by Councilman Belcaro. All in favor. Respectfully submitted, Margaret B. Dilts Clerk/Administrator Douglas J. Steinhardt Mayor

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