The regular meeting of the East Amwell Township Committee was called to order at 7:30 p

The regular meeting of the East Amwell Township Committee was called to order at 7:30 p.m. Present were Mayor C. Larry Tatsch, Deputy Mayor Kathleen Machnik, and Committee members Richard Spiegel, Linda Lenox, and Patricia Cregar. Township Administrator Timothy Matheny and Township Attorney Richard Cushing were also in attendance.

In compliance with the Open Public Meetings Act, Municipal Clerk Teresa R. Stahl announced that this is a regularly scheduled meeting, pursuant to the resolution adopted on January 1, 2007, and a meeting notice published in the Hunterdon County Democrat issue of January 4, 2007. A copy of the agenda for this meeting was forwarded to the Hunterdon County Democrat, Times of Trenton, Star Ledger, Courier News, posted on the bulletin board, and filed in the Clerk's Office on October 9, 2007.

The meeting opened with the Pledge of Allegiance to the American Flag.

AGENDA REVIEW

Under Standing Committees, add a new item B, COAH (Affordable Housing) Update, and move existing items B and C to items C and D.

Under Correspondence, add the following: 10/10 Attorney/Client Letter from Richard Cushing on Pending Legal Matters for October 2007; 10/11 Fax from Assemblywoman Marcia Karrow on Comcast Meetings; 10/9 Comcast Notice on Line Up Changes, and 10/10 Notice from Hunterdon County Planning Board on Draft Master Plan.

ANNOUNCEMENTS

A. Brush Weeks will be held as follows: Zone 1 - Week of October 8; Zone 2 - Week of October 15; Zone 3 - Week of October 22. See website at www.eastamwelltownship.com or call 908:782-8536 x10 for details.

B. There will be a meeting on October 15, 2007, at 7:00 p.m. at the Kirkpatrick Memorial Presbyterian Church of interested citizens to discuss traffic issues in the Village of Ringoes. The public is invited to participate. For further information, call “Joan” at 908:782-6627 or email Moyerslands@aol.com.

C. Hunterdon County Utilities Authority will hold an Electronic Collection Day on

SATURDAY, OCTOBER 27 from 9 a.m. - 1 p.m. and a Household Hazardous Waste Cleanup

Day on SATURDAY, NOVEMBER 10 from 9 a.m. - 1 p.m. at the County Complex. Call 908:788-1110 or email hcua@co.hunterdon.nj.us for details.

APPROVAL OF MINUTES

September 27, 2007, Regular Minutes were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously with two corrections: on page 2, under Open to the Public, paragraph 3, line three, remove "with Committee member Spiegel" who did not attend the meeting; and a typo on page 4.

September 27, 2007, Executive Minutes (personnel and litigation) were approved on a motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously.

October 3, 2007, Special Minutes (interviews) were approved on a motion by Mr. Spiegel, seconded by Ms. Lenox, and carried unanimously. Mrs. Cregar asked if the new Deputy Clerk prepared this set of minutes, which she did. The governing body commented favorably on this set of minutes by Ms. Fritsch.

OPEN TO THE PUBLIC (for Comments from the Public for Items Not on the Agenda)

Andrea Bonette, 17 Ridge Road, commented on page 8 of the September 27, 2007 minutes, stating that her robbery was not $6,000; this was the amount of a robbery in Glen Gardner. Mrs. Bonette read a prepared statement on the Township Administrator’s time cards, as follows:

“Some time ago I raised some hypothetical issues concerning the generous contract which our Township Administrator was able to negotiate. Since it is about time for that contract to be renewed or renegotiated, as a taxpayer I filed an OPRA request for records of his actual work schedule. I understand that Mr. Matheny has very specific, strictly enforced procedures for the employees to consistently fill out their time cards. I did not make a study of any other employees’ cards, but I could not help but notice how orderly they appeared to be. Unfortunately, I was not able to perceive the same consistency in his own work records. In fact, the three cards documenting the biggest holiday period (Christmas- New Years 2006-2007) were conspicuously missing. I have, thanks to the patience of Terri Stahl in assembling the records and making them available for my perusal, collected several pages of data covering the period the time cards have been in use, over fifty-one weeks from October 2006 through September 2007. I will be happy to share this with anyone who cares to wade through it. However, the ‘system’ of recording, designating, and totaling his hours in the office was so fraught with variety that I was unable to tally conclusively whether he has lived up to the spirit, as well as the letter, of his contract. Sometimes there is no total given for the week’s hours. Sometimes holidays are listed as “HOL” and included, or maybe not, in the hourly total; other times they are listed as “RT” (regular time) and listed, or not, in the total for that week.

“Below are the rather tenuous observations I was able to draw based on my research. NOTE: The contract states that there is a required minimum of three in-office days per week, with at least 30 weeks of four in-office days/week, and a minimum of twenty total in-office hours per week. “In-office” is defined as “normal office open hours” except in the case of emergencies or out-of-office tasks. Days/week: I found twenty weeks in which he was physically present in the office, according to the time card, four days, most of them for 6.5 or more hours, but some a little as 3 hours. There appear to be twenty-two weeks in which he was in the office three days, six weeks with two days, and one week with one day of less than two hours; only one week with zero days. Total hours/week: Most weeks totaled more than twenty in-office hours. The weeks of 12.25.06, 3.12.07, 5.14.07, and 7.02.07 had no total provided.

“Days out of the office, including personal, vacation, holiday, and sick days, listed as: 10.09.06 Columbus Day- HOL, 11. 23 and 11.24.06 Thanksgiving- RT, 12.07.06 Personal day. The next three weeks on time cards were missing, and Tim’s name was not checked off on the cover of those three envelopes, when I went through the file box. However, a couple of days later Terri kindly provided me with a Xerox copy of the three missing cards. I have no way of knowing when these cards were filled out: 12.22.06 Personal Day,12.25.06 Christmas-HOL,12.26.06 HOL, 12.29.06 HOL, 1.01.07 New Years Day- HOL. Continuing on the original batch: 1.15.07 Martin Luther King Day- RT, 2.19.07 Presidents Day-RT, 4.06.07 Good Friday- RT, 5.23,24, and 25.07 School Seminar, 5.28.07 Memorial Day- TO, 7.24.07 VAC, 9.03.07 Labor Day- HOL

“Perhaps someone more familiar than I with office procedures can make some sense out of this. It does seem to me, at least, that official Township holidays as determined by the January 1 annual reorganization meeting should be designated consistently by all employees, with the possible exception of the very few who have NO required office hours. At the next Township Committee meeting I will inquire as to who, if anyone, signs off on Tim’s time cards.”

Motion by Mr. Spiegel, seconded by Ms. Lenox, and carried unanimously to close to the public.

INTRODUCTION OF ORDINANCES/PUBLIC HEARINGS

Public Hearing:

ORDINANCE 07-14 AN ORDINANCE TO PROVIDE A SUPPLEMENTAL APPROPRIATION OF $25,000 TO PROVIDE ADDITIONAL FUNDING FOR VARIOUS RENOVATION PROJECTS AT THE MUNICIPAL BUILDING AS GENERAL IMPROVEMENTS FOR THE TOWNSHIP OF EAST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATION $25,000 WHICH INCLUDES AN APPROPRIATION OF $25,000 FROM THE CAPITAL IMPROVEMENT FUND

As proof of publication, the clerk provided the legal notice from the September 20, 2007 Hunterdon County Democrat. The ordinance has been available to the public since introduction on September 13, 2007.

Mr. Tatsch commented on the anticipated expense in continuing the building project for storage and safety improvements and public interaction. Mr. Spiegel commented on having $65,000 previously appropriated, with $43,000 left in the budget. Adding $25,000 to the multi-year project did not necessarily mean that the money would be spent.

Motion by Ms. Machnik, seconded by Mrs. Cregar, and carried unanimously to open to the public. There being no comments, motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously to close to the public.

Motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously by roll call vote to adopt Ordinance 07-14: Mr. Spiegel, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Ms. Machnik, yes; Mr. Tatsch, yes.

Introduction of Ordinances

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ORDINANCE 07-15 AN ORDINANCE TO AMEND AND SUPPLEMENT THE PROVISIONS OF SECTION 92-4(B) OF THE LAND MANAGEMENT ORDINANCE OF EAST AMWELL TOWNSHIP TO INCLUDE A DEFINITION FOR RUN-IN SHEDS AND TO ESTABLISH AN APPROPRIATE SETBACK FOR THIS TYPE OF ACCESSORY STRUCTURE.

SECTION ONE: PURPOSE: The Township Committee desires to supplement the definition section of the Land Management Ordinance to include a definition for “Run-in Sheds” that includes appropriate setback requirements and which distinguishes such accessory structures from “Farm Buildings”.

BE IT ORDAINED by the East Amwell Township Committee, in the County of Hunterdon, State of New Jersey, that an ordinance of this Township, whose short title is “East Amwell Land Management Ordinance,” be, and the same is hereby, amended and supplemented as follows:

SECTION TWO: Section 92-4(B) is amended and supplemented as follows (supplemental provisions underlined):

1. The definition of FARM BUILDING is amended and supplemented as follows:

FARM BUILDING –

(1) Any building, located on a farm, including barns, greenhouses and storage sheds, which is:

(a) Utilized for the storage, handling or production of agricultural or horticultural products normally intended for sale; or

(b) Used for the maintenance, storage and use of animals or equipment related to the farm, except for run-in sheds as defined below.

2. A new definition for RUN-IN SHEDS as follows:

RUN-IN SHED – A three-sided pole barn without foundation, flooring, electric or plumbing, situated in a pasture for the shelter of livestock and subject to the same bulk regulations as a Class III Accessory Building.

SECTION THREE: Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.

SECTION FOUR: Effective Date

This Ordinance shall take effect, following final passage, upon publication of notice of final passage and the filing of a copy hereof with the Hunterton County Planning Board.

By Order of the Township Committee

_______________________________

C. Larry Tatsch,Mayor

Attest:_________________________

Teresa R. Stahl, RMC /CMC

Municipal Clerk

Introduced:

Adopted:

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Mr. Tatsch stated that the Planning Board felt that the existing zoning ordinance was too restrictive for run-in sheds, which are a less substantial type of building. Their recommendation is to exclude run-in sheds from the definition of farm buildings.

Motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously to introduce Ordinance 07-15.

The ordinance will be published in the October 18, 2007 issue of the Hunterdon County Democrat, and the public hearing will be held on November 8, 2007 at 7:30 p.m. during the regular Township Committee meeting.

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ORDINANCE 07-16: AN AMENDMENT TO THE CODE OF THE TOWNSHIP OF EAST AMWELL, CHAPTER 92, LAND MANAGEMENT ORDINANCE, TO AMEND SECTION 92-46 BUFFERS AND LANDSCAPING PLANS; SECTION 92-51 DRIVEWAYS; SECTION 92-61 OFF-TRACT IMPROVEMENTS; SECTION 92-63 OFF-STREET PARKING AND LOADING; 92-74 STREETS; 92-81 GOLFCOURSE/CLUB REGULATIONS; AND 92-91 AMWELL VALLEY AGRICULTURAL DISTRICT TO REVISE IN ACCORD WITH THE EAST AMWELL TOWNSHIP STORMWATER ORDINANCE AND NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION REGULATIONS.

Purpose: It is the intent of East Amwell Township to make modifications to the existing land management ordinance to be more in accord with the East Amwell Stormwater Ordinance and New Jersey Department of Environmental Protection.

BE IT ORDAINED, by the Township Committee of the Township of East Amwell, in the County of Hunterdon, State of New Jersey that:

Section 1. §92-4. Definitions.

ADD a new definition for BMP Manual - New Jersey Stormwater Best Management Practices Manual, published by the New Jersey Department of Environmental Protection, Division of Watershed Management, latest edition.

Section 2. § 92-46. Buffers and landscaping plans is amended as follows:

UNDER A. Purpose; applicability.

Add the following sentence to existing item A (3): " Existing natural buffers shall be

preserved wherever possible."

Add the following sentence to existing item A (4): "Native vegetation is to be retained

whenever feasible."

Add new A (5): "Landscaping plans shall include measures to prevent nonpoint source pollution from entering surface waters and groundwater, and to allow buffer areas to be used for stormwater management in a manner that is proactive and minimizes harmful impacts to natural resources."

Add new A (6): "Landscaping in the Sourland Mountain District must conform with the

Sourland Mountain ordinances Section 92-89."

UNDER D. Site protection and general planting requirements.

In D (2) Removal of Debris, line five, Delete the words "All dead or dying trees, standing or fallen, shall be removed from the site."

In D (3) Change title from "Protection of existing plantings" to "Protection of existing plantings during the course of construction." Delete "Maximum effort should be made to save fine specimens (because of size or relative rarity)." Replace sentence as follows: "Maximum effort should be made to save native species and to preserve mature trees and the forest ecosystem."

In D (7) Plant species, Add new second sentence after "The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size." "Native plant species are preferable." Continue remainder of paragraph, as shown.

UNDER F. Buffering.

In F (1) Function and materials. Add sentence after "Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas.” "Buffer areas may function as, or incorporate stormwater management measures." Continue remainder of paragraph, as shown.

Section 3. §92-51. Driveways is amended as follows:

In Full section throughout, change reference to "Township Road Supervisor" to

"Township Department of Public Works Superintendent."

UNDER A. Driveway Permit.

In A (4), change first sentence from "When the grade of the driveway within 50 feet of

the center line of the roadway shall exceed 1%…" to "When the grade of the driveway

within 50 feet of the center line of the roadway shall exceed 4%…." Continue remainder

of paragraph, as shown.

Under D. Grade.

In D (2), Delete in its entirety and replace with the following: "All driveways shall be

designed, constructed and maintained such that the finished grade of the driveway as measured from the center line of the public roadway to a point within 50 feet from the center line the roadway shall not exceed 4%. (Translation: the vertical rise of the driveway over the fifty-foot distance from the center line of the roadway shall not exceed 24 inches.)"

Under I. Construction Material.

In I (2) Delete in its entirety and replace with the following:

"(a) Porous Paving System:

Base course and surface course constructed in accordance with NJ DEP

BMP Manual and approved by the Township Engineer.

(b) Conventional Paving System:

(1) Base course: Six inches (compacted thickness) of one and

one-half-inch (1-1/2") quarry process (blend or NJ DOT

DGABC [NJ Department of Transportation Dense Graded

Aggregate Base Course]) thoroughly rolled and compacted.

(2) Surface course: Two inches (compacted thickness of

bituminous concrete."

Under J. Sight triangle.

In J (1) delete existing second sentence and replace with the following: "The sight

distance measurement shall be from a sight point on the center line of the exit driveway

10 feet behind the edge of the road." Continue with remainder of paragraph, as shown.

Section 4. § 92-62. Off-tract improvements is amended as follows:

Revise the first sentence to read as follows: "Before final approval the approving

authority may require the payment of the developer's pro rata share of the following off-

tract improvements: street improvements, water system, sewerage, stormwater

management and drainage facilities, and easements therefor."

Under A.

In A (2), the sentence shall read, "Where drainage waters are diverted from the development into other drainage systems or onto other lands or streets and they are not adequate to accommodate the additional waters, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Township such enlarged, additional or new stormwater management and drainage facilities.

Under C.

In C (1), the sentence shall read, "Every developer making application for development which requires or will benefit from the installation of off-tract sanitary sewerage, stormwater management and drainage, and street improvements shall contribute to a fund hereinafter established for the construction of the off-tract facilities.”

In C (2) (a), the sentence shall read, "The pro rata share and estimated cost of the facility shall be as determined hereafter for each of sanitary sewerage, stormwater management and drainage, and street improvements.

In C (3) (a) [1], first line of pro rata share formula, replace the word "How" with "Flow."

In C (4) Storm drainage. Delete the first sentence, and replace with the following: "Contribution of off-tract storm drainage shall be for stormwater pipes, inlets, culverts, channels, detention basins and all other required appurtenances and components."

In C (4) (a) [2], delete first sentence, and replace with the following: "The parameters shall be quantified as follows using the methods described in Chapter 122, Stormwater Management."

Section 5. § 92-63. Off-tract parking and loading is amended as follows:

Under E. Dimensions.

In E (1) delete first full paragraph, and replace with the following: "Off-street parking

spaces shall be 10 feet wide and 20 feet in length. A portion of the total number of

spaces shall be accessible. The number of spaces, construction of the spaces, and access

to them shall be in accordance with the Uniform Construction of New Jersey, Subchapter

7, Barrier Free Subcode," latest edition." Continue with existing table "For Parking

Spaces 10 Feet Wide….

Under F. Drainage facilities…

In F, first sentence, add the words "and Chapter 122, Stormwater Management." to the

end of the sentence.

Section 6. § 92-74. Streets is amended as follows:

Delete § 92-74 Streets in its entirety and replace with revised § 92-74 below:

A. Residential Streets shall be designed in accordance with the Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21.

B. All non-residential streets shall be designed in accordance with the following:

1. All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan, and all streets shall have an adequate crown. The arrangement of the streets not shown on the Master Plan shall be designed in a manner so as to provide for the appropriate extension of the streets and conform with the topography as far as practicable.

2. When a new development adjoins land susceptible of being subdivided or developed, suitable provisions shall be made for access to adjoining lands.

3. Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic.

4. In the event that a development adjoins or includes existing streets that are narrower than the widths shown on the adopted Master Plan or Official Map or the street width requirements of this article, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street right-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: “Street right-of-way granted for the purposes provided for and expressed in Chapter 92, Land Management, of the Code of the Township of East Amwell.” If the development is along one side only, 1/2 of the required extra width shall be dedicated and shall be improved, including excavation, base course and surfacing, in accordance with the approved application. In all developments, the minimum public street right-of-way shall be measured from lot line to lot line. The cartway shall be the paved portion of the roadway. In no case shall a new street that is a continuation of an existing street be continued at a right-of-way or cartway width less than the existing street although a greater width may be required in accordance with the following schedule:

Right-of-way Cartway

(feet) (feet)

Street Classification

Residential access 45 to 50 18 to 24

Residential subcollector 50 to 56 26 to 30

Collector 60 to 66 30 to 36

Minor/Secondary arterial 72 to 80 40 to 48

(a) Residential access streets are those streets of the lowest order of residential streets; provide frontage for access to private lots, and carry traffic having destination or origin on the street itself; designed to carry traffic at slowest speed. Traffic volume should not exceed 250 ADT at any point of traffic concentration. The maximum number of housing units should front on this class of street.

(b) Residential subcollector streets are those which are the middle order of residential streets; provided frontage for access to lots and carry traffic to and from adjoining residential access streets. Traffic should have origin or destination in the immediate

neighborhood. Traffic volume should not exceed 500 ADT at any point of traffic concentration.

(c) Collector streets are those which provide access to lots and carry traffic from

residential/local streets to minor/secondary arterial streets; designed to carry

somewhat higher traffic volumes than residential/local streets with traffic limited to

motorists having destination or origin within the immediate neighborhood.

(d) Minor/secondary arterial streets are those which conduct and distribute traffic between the lower order and higher order streets; carry the largest volume of traffic at high speeds. Access to lots from these streets shall be avoided. On-street parking shall be prohibited.

(e) Residential/local streets shall be designed to discourage through traffic, and grades shall not exceed 10%. On minor/secondary arterial and collector streets, grades shall not exceed 8%. The minimum grade shall be 1.0%. Maximum grades on any street within 100 feet of an intersection shall be 4%.

5. Street intersections shall be as nearly at right angles as possible and in no case shall be less than 80°. Approaches to all intersections involving collector or arterial roads shall follow a straight line or a curve with a radius of not less than 700 feet for at least 100 feet. No more than two streets shall meet or intersect at any one point, and the center line of both intersecting streets shall pass through a common point. Any development with only one new street connecting with the same side of the existing street, except where the frontage is sufficient, more than one street may intersect the arterial or collector street, provided that the streets shall not intersect with the same side of the existing street at intervals of less than 800 feet. The block corners of intersections shall be rounded at the curbline, with the street having the highest radius requirements as outlined below determining the minimum standards for all curblines:

Street Classification Curbline Radius

Residential/Local 20 feet

Collector 25 feet

Minor/Secondary arterial 30 feet

6. All tangents of at least 100 feet long shall be introduced between reverse curves on arterial or collector streets. When connecting street lines deflect from each other at only one point, they shall be connected by a curve with a radius conforming to standard engineering practice and as contained in AASHTO standards.

7. Cul-de-sacs serving nonresidential areas shall be no more than 1,000 feet in length. A turnaround shall be provided at the end of the cul-de-sac with a radius of 50 feet on the curbline plus a right-of-way of 60 feet. The center point for the radius shall be the center-line of the associated street, or, if offset, offset to a point where the radius becomes tangent to the right curbline of the associated street. Temporary cul-de-sacs should be symmetrical. The bulb of the cul-de-sac shall be planted with maintenance-free plants.

8. No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion may result. The continuation of an existing street shall have the same name. Curvilinear streets shall change their name only at street intersections. The Planning Board shall have the right to approve or name streets within a proposed development. No name of a street on an approved site plan shall be changed without the approval of the Planning Board. The new street names should have historical significance, and a list of acceptable street names, as compiled by the East Amwell Historical Commission, is available.

9. Street jogs with center-line offsets of less than 125 feet shall be prohibited.

10. All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.

11. The pavement width of streets and the quality of subsurface and base materials shall adhere to the minimum standards set forth herein:

(a) All construction shall be in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction, current issue.

(b) On all Township roads, the base course shall be five inches of bituminous stabilized base coarse, Mix No. 1-2, constructed in two layers each of not less than 2.5 inches of compacted thickness.

(c) The surface course for all Township roads shall consist of two inches of bituminous

concrete, surface course, Mix No. 1-5, applied according to the New Jersey

Department of Transportation Standard Specifications for Road and Bridge

Construction, current edition.

(d) Where subgrade conditions are wet, springy or of a nature that surfacing would be

inadequate without first treating the subgrade, a dense graded aggregate base course

shall be provided as directed by the Township Engineer and per the current New

Jersey Department of Transportation Standard Specifications for Road and Bridge

Construction.

(e) All streets defined herein shall be constructed in accordance with plans and specifications prepared by a licensed professional engineer and approved by the Township Engineer. The plans and specifications shall include existing ground conditions and final finished street grades both in profile and cross section. The plans shall also provide for proper drainage of slopes, cuts and intersections which in turn must be related to the particular drainage conditions of the immediate vicinity.

(f) Each course of the pavement shall be inspected by the Township Engineer before the next course is constructed. Test cores may be taken.

(g) An adequate drainage system sufficient to handle all drainage and to prevent the

collection of water in puddles at any point in the right-of-way or on abutting

properties, and easements for the right to discharge surface water through

drainage structures and over adjoining lands must be provided, and the location

of drainage inlets, outfalls and other parts of such drainage system must be

accurately and distinctly shown on the maps filed with the Township Committee

and approved before acceptance of a street.

Section 7. § 92-81. Golf course/club regulations is amended as follows:

Under L, add new second sentence after "Assurances shall be provided that the

owner/operator will take all steps to avoid any adverse impacts on surface water and

groundwater, which result from operation of the golf course/club." "Best Management

Practices, as per NJDEP BMP Manual, shall be employed to prevent non-point pollution

of surface water and groundwater." Continue with remainder of section, as shown.

Under V, delete existing language, and replace with new V. "Best management

practices, as described in the NJDEP BMP Manual, shall be incorporated into the site

design in order to maximize recharge of surface runoff and to minimize pollution of

surface and groundwater."

Section 8. § 92-91. Amwell Valley Agricultural District is amended as follows:

Under H. Land development options.

In H (2) [6], add the following language after "overall site design; reduction of

impervious coverage;" "reduction of the amount of non-point source pollution entering

the surface and ground waters;" continue with remainder of paragraph, as shown.

Under H. Land development options.

In H (2) [10], add the following language after "overall site design; reduction of

impervious coverage;" "reduction of the amount of non-point source pollution entering

the surface and ground waters;" continue with remainder of paragraph, as shown.

Section 9. This ordinance shall take effect following passage and publication in accordance with the laws of the State of New Jersey.

By Order of the Township Committee,

___________________________

C. Larry Tatsch, Mayor

Attest: _________________________

Teresa R. Stahl, RMC/CMC

Municipal Clerk

Introduced:

Adopted:

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Ms. Macknik explained as a brief summary that this was a cooperative effort of the ad hoc committee on stormwater management after adoption of the stormwater ordinance. They looked at ordinances on the books, which were impacted by the stormwater ordinance and made changes to them to update them to insure that there was no conflict. The Township Engineer reviewed the changes; they were submitted to the Planning Board, who also made some contributions. This was also an opportunity to make minor corrections to the ordinances for other reasons; however, it was essentially to keep in tune with the stormwater ordinances. The Planning Board approved the changes, and the ordinance was sent to the governing body for introduction. Mrs. Stahl stated that the ordinance was reviewed by Attorney Cushing, and he agreed that it could be introduced.

Motion by Mrs. Cregar, seconded by Ms. Machnik, and it was carried unanimously to introduce Ordinance 07-16.

SPECIAL DISCUSSIONS - None

SPECIAL COMMITTEE REPORTS - None

STANDING COMMITTEE REPORTS

FARMLAND/OPEN SPACE PRESERVATION COMMITTEE (FOSPC): Vice Chairman Richard Ginman was present for this discussion.

1) Geils, B.27/L.7 P.I.G. Application Change: Mr. Ginman directed the governing body to the map attached to the 10/11 memo from FOSPC. The shape and size of the previously approved non-severable exception was being modified after Hunterdon County Agriculture Board (CABD) review. FOSPC was recommending the modification.

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RESOLUTION #145 -07

BE IT RESOLVED by the Township Committee of the Township of East Amwell that they hereby approve the modification of the P.I.G. application for Bryan Geils, Block 27/Lot 7, to change the shape and size of the non-severable exception of approximately five acres with more frontage on the south side of the property and to remove stumpage and logs out of the proposed preserved area to the area of the non-severable exception.

By Order of the Township Committee,

______________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Lenox, seconded by Mrs. Cregar. Ms. Machnik asked why the changes were being made. Mr. Ginman explained that the CADB's request was made to maximize farmland. Mr. Ginman stated that Mr. Geils is aware of the change and is agreeable with this change, although there may be other problems.

The motion on the floor to approve the resolution was carried unanimously.

2) Green Acres Funding Summary: FOSPC's 10/3 summary of Green Acres funding was favorably reviewed. According to FOSPC Administrator Conard's memo, “East Amwell has $110,946.78 remaining in the Green Acres grant. The Township Committee promised $100,000 to D & R Greenway to cost share on the acquisition of the Handler property, which is moving slowing; D & R may request shared funding on a different project.”

According to the memo, the Green Acres grant breakdown is as follows:

Amount of Grant $595,000.00

Payment received: Dursch/Bowes (137,250.00)

Payment received: Dursch/Bowes soft costs _(14,598.00)

Funds remaining 443,151.32

Payment received: Omick Land costs (317,100.00)

Payment received: Omick soft costs (15,104.54)

Funds remaining as of October 2007 $110,946.78

Mr. Ginman commented on the funding promised to D & R on the Handler property; he hoped that Green Acres would not decide to take back the funding from the municipality if it is not used. Mr. Spiegel stated that Green Acres regulations state that it is for “actively seeking” land, and East Amwell would not lose their funding. Mr. Spiegel wanted the minutes to reflect his statement.

3) Omick Woods Summary for Block 27/Lot 5: The 9/21 summary prepared by FOSPC Administrator Conard was reviewed. In summary, the appraised value was $634,200, a donation by Mrs. Omick as Bargain Sale was $151,200, with a purchase price for the property at $483,000. East Amwell paid $317,100 at closing, and D & R Greenway (using Nature Conservancy Funds) paid $165,900 for the $483,000 purchase price. East Amwell was reimbursed $317,100 through the Green Acres grant. Soft costs paid by East Amwell Township were $30,209.07, and Green Acres reimbursed 50% of this amount at $15,105.00. The final out of pocket costs to East Amwell Township were $15,104.07, or $232.37 per acre for 65 +/- acres.

The governing body agreed that Mrs. Omick's generosity of accepting less than the appraised value was a very big part of this savings.

4) Tax Lien on Block 40/Lot 14.0l & Block 41/Lot 27: Mr. Ginman explained that there was a second property, Block 41/Lot 27, which was also part of this discussion. Committee members were provided with maps of the properties and tax information. Mr. Ginman explained that Tax Collector Hyland is carrying the two landlocked properties on the books, and Mr. Ginman felt that the lots could possibly be gifted to D & R Greenways as open space. Mrs. Hyland cautioned that the past taxes must be paid, and she provided specific legislation on this. A suggested approach would be to pay the delinquent taxes out of the Open Space Trust Fund (i.e., moving funds from one account to another with a paper trail) without using Green Acres funding. A second approach would be to foreclose on the properties.

Mr. Cushing asked if Mr. Ginman was recommending assigning the tax sale certificates to the state and not the deed. Mr. Ginman then asked if the state would foreclose. Mr. Ginman said that FOSPC was not looking for an answer tonight, but informing the governing body of the situation. The total taxes due on both lots, based on the formula in the regulations would be less than $8,000. Mr. Cushing asked about assigning the tax sale certificate, having the state hold the certificate, and having the property off the tax rolls.

Mr. Spiegel understood that Colonial Sportsmen's Club had been approached about acquiring the property in the past, and he recommended that they be asked again if they are interested. Mr. Spiegel would like to see the property remain on the tax rolls rather than taken off.

It was also noted that present unknown owners are not paying taxes now.

Mr. Cushing read specific statutes from the Public Land and Buildings Law regarding municipalities transferring over a percentage of their land to certain organizations. He agreed that he would be able to look into options. He also mentioned that the Township could make a private sale for a nominal consideration to certain agencies, and this may include the state. Mr. Spiegel asked about the possibility of selling the property to a private party for a nominal fee, i.e., payment of back taxes as an example.

Mr. Tatsch concluded by asking Mr. Cushing to review options and asking FOSPC to contact Colonial Sportsmen's Club again about their interest. Mr. Tatsch also asked if any other neighbors might be interested in the other parcel land. Mr. Ginman agreed that they would consider all options, noting that Mrs. Hyland made the overture to Colonial Sportmen's Club, but it can be done again. He will speak with the Tax Collector about writing letters or contacting other neighbors.

COAH (COUNCIL ON AFFORDABLE HOUSING): Richard Ginman was present for this discussion.

Mr. Tatsch referenced a conference call with Easter Seals, and he provided background information, with the following highlights: Easter Seals has a home in the village of Ringoes, with five clients; there is a month-to-month lease on the property, and the property is in need of repairs; COAH credits are not available on short term leases, i.e., if a 10 year or 20 year lease could be negotiated, the municipality could earn 5 to 10 credits (depending on length of lease), and the municipality only needs 9 credits in this round; if the Township could achieve all its credits with this project, this would eliminate consideration of constructing senior housing or purchasing land, etc.; there are a number of issues at the existing house (although none of them ADA related, which is not a requirement for this house), which might cost between $50,000 - $85,000.

Mr. Tatsch continued with the following: he questioned how Easter Seals might negotiate a long term lease if the facility was up to their standards. One possibility was to have the Township pay for upgrades if Easter Seals committed to the 10 - 20 year lease. Mr. Tatsch asked Mr. Cushing if the Township could put money into building renovations for a building not owned by the Township.

Mr. Cushing asked if the long-term lease was with the private property owner or with the Township. He believed that the property owner and the municipality could enter into a lease agreement, with the Township being the leasee. If the property owner agreed, the improvements could be made by the leaseholder (i.e., the municipality). The Township could then become the subtenant and lease the property to Easter Seals.

Another option suggested was to have the Township purchase the property outright by grant or bond, and Easter Seals would pay rent to pay the bond or mortgage on the property. Mr. Tatsch asked if future obligations could be fulfilled with the property (i.e., after the Easter Seals' lease). Mr. Cushing commented on using the money for this also.

Mr. Tatsch commented on the unique opportunity available to work with Easter Seals, which the Township should pursue quickly. He suggested having a resolution in support of the concept within the next one or two months. He was not sure how this would be crafted, however, he wanted to keep the Township Committee aware of the situation.

Mr. Ginman asked about next steps; Mr. Tatsch asked if discussions with the property owner, Easter Seals and attorneys was warranted at this time. Mr. Cushing commented on new COAH rules being available in December; he did not think the rental bonus would change. Mr. Spiegel asked about the time table for COAH rules; Mr. Cushing provided specifics about the appellate decision being brought to the Supreme Court, which resulted in the requirement to revise growth share obligation and developer's fee rules by December.

A question was raised about the number of people living in the existing house, and whether this figure could be increased to nine or ten residents. There has been no discussion with Easter Seals about an addition, only making it more accommodating. COAH Municipal Housing Officer/Administrator Jim Robbins has been working with Easter Seals on their requests.

Ms. Machnik was concerned with risks involved, especially with a long-term commitment; however she liked the idea of trying to make it work. She recommended making sure all options are understood, and the contract is "iron-clad."

Mr. Ginman stated that there would be no changes in physical appearance of the house, stating that residents have lived there for about 8 - 10 years, and the intent is to get a firm commitment from Easter Seals so that their presence will qualify for COAH credits.

There was a consensus of opinion to ask Mr. Ginman and Mr. Robbins to work with Mr. Cushing to explore possibilities and to provide the Township Committee with more details.

HISTORIC PRESERVATION COMMITTEE

1) Appointment of New Members: Mr. Tatsch stated that there have been a number of very good candidates interviewed, including one person prior to the regular meeting tonight. There are two other interested candidates, who have not been interviewed.

Mr. Tatsch recommended the following appointments: Frances Gavigan to a regular seat expiring on 12/31/08; Jennifer Floyd to a regular seat expiring on 12/31/10; Mary Van Horn to a regular seat expiring on 12/31/07, but adding that she would be reappointed for the continued seat at the 2008 reorganization; Peg Sullivan to the Alternate I seat expiring on 12/31/07, but also being reappointed at reorganization. The Alternate II seat will remain open until the two other candidates are interviewed.

Mr. Tatsch continued by stating that he was really impressed with Jim Davidson's strong historic education background, and he saw this as Mr. Davidson's forte. He would like to recommend that Mr. Davidson be appointed as a historic education consultant to work on seminars and outreach and to be considered as the Township Historian upon the resignation of the current Historian, effective in December.

Ms. Lenox agreed with these recommendations. Ms. Machnik commented on the "very enthusiastic…and talented candidates" making it hard to choose members. She noted some past turbulence on the committee, but she felt that having members started on an even keel with very enthusiastic members would be beneficial. Kat Cannelongo, Chairwoman of the Historic Preservation Committee (who was present during the interviews), also advised the governing body that she was pleased with the recommendations and feels that the members "would hit the ground running."

Motion by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously to appoint the members, as outlined by Mr. Tatsch.

AD HOC COMMITTEE ON CLAWSON PARK:

1) Appointment of Members: Calls were made to interested candidates for this ad hoc committee, and all were interested, except Mike Soklaski, and Will Harrison was unable to be reached since he is out of town.

Motion by Ms. Machnik, seconded by Ms. Lenox, and it was carried unanimously to appoint Jack Balint, Peg Sullivan, Barbara Golda, and Terry Welsh to this committee, while leaving it open for additional members. Mr. Harrison will be contacted again to ascertain his interest in serving.

UNFINISHED BUSINESS

ROADS: Department of Public Works Superintendent George Howell was present.

1) Purchase of Snow Plow (See 9/27 minutes for background): Mr. Howell explained that he wanted to purchase a power angle plow to place on an existing truck, which already has hydraulic connections. Mr. Howell spoke about inspecting and assessing the plows after winter season last year. Mr. Howell felt using larger trucks with fixed direction plows causes intersections to be more difficult to clear without the use of smaller trucks to sweep afterwards. The power angle plow is multi-directional and pivots. Mr. Howell provided specifics about current practices, including having drivers traveling from one end of the town to another end, exhausting valuable time.

Two quotes were received for the plow: one in the amount of $9,000 from Cyclone Air Power, and the second in the amount of $8630 from Trenton Tractor.

There were two contractors hired last year to assist in snow plowing; once the new DPW member is hired, there will be five men on board with trucks and plows. Mr. Howell would still keep one contractor on call to assist; the contractors are paid an hourly rate.

Mr. Tatsch asked specific questions about timing in storm situations; Mr. Howell said it would take about 45 - 60 minutes to get from Boss Road to Zion Road. He commented on other problem roads, such as Cider Mill Road and Welisewitz Road. He concluded that with a right angle plow, it would take about 10 minutes to clear an area; it would be about 4 minutes with a power angle plow.

Mr. Spiegel asked about the trucks in the fleet; Mr. Howell explained that one truck, the 6400, does not have hydraulics, and they discussed the condition of some of the trucks. Mr. Spiegel asked if Mr. Howell contacted Somerset County Cooperative for pricing. Mr. Howell stated that he has contacted the Cooperative for other issues, but not about the plow. An inquiry was made about the cost of installing hydraulics on trucks.

Mr. Tatsch felt that the governing body agreed that a plow was necessary, and he asked Mr. Howell to get information from Somerset County Cooperative, so that a decision on the purchase of the plow could be made at the next meeting.

Mr. Spiegel asked about the possibility of trading in the old plows that the municipality owns, noting that they were suitable for highway work; Mr. Howell commented on plow conditions.

2) Orchard Road Update (see 9/27/07 minutes for background): Mr. Howell said that he and Assistant Department of Public Works Supervisor Kadezabek met with Mr. Sowsian on site. Mr. Sowsian's only request was that the ditch be cleaned on one side of the road to prevent washouts. Mr. Howell spoke about his discussions with Mr. Sowsian on where to begin the ditching to best alleviate the problem. Mr. Sowsian was advised that the work will be done after chipping season and possibly later since the blacktop project is also occurring this month. Mr. Howell expects the work to be done within a month, and Mr. Sowsian is agreeable with this timeframe.

3) Plans for Winter Road Treatment: Mr. Howell referred to his memo prepared on road items, including winter treatment. His plans for salt use are the same as last year. He asked the governing body to continue to allow him permission to use the application as the Department sees fit, noting that there are hazard areas discovered at times during winter events. Mr. Tatsch asked about specific roads; Mr. Howell mentioned Dutch Lane & Old York Road, Van Lieu's Road & Old York Road, and Garboski Road & Boss Roads when ice conditions warranted use. Mr. Spiegel commented on following the same policy as last year if seeing safety issues to address. Ms. Machnik felt that this was reasonable, but she asked that Mr. Howell keep track of the applications outside of those roads identified for applications.

It was acknowledged that there were noticeable improvements in last year's road conditions, with favorable comments from residents, the school personnel, and bus drivers. Mr. Tatsch agreed that applications were reasonable and the practice should continue.

Ms. Machnik asked about participation in road materials purchase this year; Mr. Howell said that he has contacted Somerset County Cooperative about purchase of between 150 - 200 tons of material. He stated that he used about 150 tons of material last year, and there is still some in storage.

4) Resident Complaint on Lindbergh Road Conditions: A 9/27 letter from resident David McGee about road conditions on Lindbergh Road was discussed, noting that it was also published in a recent Hunterdon County Democrat issue.

Mr. Howell commented on the work done by the DPW this month; however, the paver they are using broke and needed repair, i.e., the main hinge on the equipment broke and a new pin and rod had to be installed. The contractor, Schifano Construction, will meet with Mr. Howell next week to discuss the 2007 road projects, and work will start the following week; it is anticipated that the work will take two weeks.

Mr. S