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 Linda F. Lenox, and Committee members Patricia Cregar, Peter Kneski, and Timothy Martin. Township Administrator Timothy Matheny and Attorney Judith Kopen 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 3, 2008, and a meeting notice published in the Hunterdon County Democrat issue of January 10, 2008. 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 February 5, 2008.

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

AGENDA REVIEW

Under Correspondence, add the 2/6 e-mail from SWAC Member Will Harrison re: the public hearing on the Hunterdon County Solid Waste Management Plan on 2/19 at 7 p.m. in the Freeholder's Room on Main Street in Flemington.

ANNOUNCEMENTS

The Municipal Offices will be closed on Monday, February 18, 2008, in observance of

Presidents’ Day.

The Township Committee will hold a special budget meeting on Wednesday, February 20,

2008, at 7 p.m.

The second regular Township Committee meeting of February will be held on February 28,

2008.

2008 Dog Licenses are now due. There is no late fee if the license is obtained in February.

Proof of current rabies information is required. Call 908:782-8536 x10 for details.

APPROVAL OF MINUTES

January 24, 2008, Special Minutes (Interviews) were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously.

January 24, 2008, Regular Minutes were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried with one correction on page 8, paragraph 5, line 7, change "at this time" to "at all."

January 24, 2008, Executive Minutes (Security and Employment Terms) were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried with minor typing corrections provided by Mr. Tatsch.

January 30, 2008, Special Minutes (Budget) were approved on a motion by Ms. Lenox, seconded by Mrs. Cregar, and carried with one abstention by Mr. Martin, with a correction on page 5, final paragraph, line 1, removed first "about."

OPEN TO THE PUBLIC Comments pertaining to topics not on tonight's agenda (limited

to a total of 15 minutes)

David Bausmith, a member of the Amwell Valley Ringoes Rescue Squad asked that the record clarify the minutes of January 24, 2008, on page two, second full paragraph, regarding the vote and other motions taken by the squad to advance the construction on Route 202 are passed and binding.

Motion by Mr. Martin, seconded by Ms. Lenox, and it was carried unanimously to close to the public.

INTRODUCTION OF ORDINANCES/PUBLIC HEARINGS

Introduction of Ordinances

ORDINANCE 08-02 CAP ORDINANCE: Mr. Tatsch explained that this is a technical ordinance passed each year to increase the cap limitations.

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ORDINANCE 08-02: AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

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:4-45.14 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 Township Committee of the Township of East Amwell in the County of Hunterdon finds its advisable and necessary to increase its CY 2008 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 Township Committee of East Amwell hereby determines that a 3.5 % increase in the budget for said year, amounting to $15,608.46 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and

WHEREAS, the Township Committee of East Amwell 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 Township Committee of the Township of East Amwell, in the County of Hunterdon, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2008 budget year, the final appropriations of the Township of East Amwell shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5% amounting to $54,629.61, and that the CY 2008 municipal budget for the Township of East Amwell 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 by filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

By Order of the Township Committee,

_______________________

C. Larry Tatsch, Mayor

Attest:________________________

Teresa R. Stahl, RMC/CMC

Municipal Clerk

Introduced: February 7, 2008

Adopted:

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Motion by Mr. Kneski, seconded by Mrs. Cregar, and it was carried unanimously to introduce Ordinance 08-02.

The ordinance will be published in the February 14, 2008, Hunterdon County Democrat, and the public hearing is set for the regular Township Committee meeting on February 28, 2008, at 7:30 p.m.

ORDINANCE 08-03: INCREASE IN LATE FEE FOR DOG LICENSES Mr. Tatsch explained that the late fee schedules in other townships were reviewed, and the increase would be in line with them. The dog licensing fees will help fund the animal control process; it is in lie with what The Code allows; and it will encourage pet owners to get licenses in a timely manner.

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ORDINANCE 08-03: AN ORDINANCE TO AMEND THE CODE OF EAST AMWELL TOWNSHIP, CHAPTER 53, ANIMALS, TO INCREASE THE LATE FEE

BE IT ORDAINED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that Chapter 53, Animals, of The Code of East Amwell Township is hereby amended as follows:

Section 1. §53-1. License and registration tag required.

Under item C:

Delete last sentence which reads, “For any license not renewed in the month of January or February, there shall be an additional late fee of $5 per month for each month the license is late.”

Replace with “For any license not renewed in the month of January or February, there shall be an additional late fee of $25 per dog.”

Section 2. All other sections of the ordinance remain the same.

Section 3. This ordinance shall become effective upon publication, according to law.

By Order of the Township Committee,

________________________

C. Larry Tatsch, Mayor

Attest:________________________

Teresa R. Stahl, RMC/CMC

Municipal Clerk

Introduced: February 7, 2008

Adopted:

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Motion by Mr. Kneski, seconded by Ms. Lenox, and it was carried unanimously to approve the introduction of Ordinance 08-03 unanimously.

The ordinance will be published in the February 14, 2008, Hunterdon County Democrat, and the public hearing is set for the regular Township Committee meeting on February 28, 2008, at 7:30 p.m.

SPECIAL DISCUSSIONS

DISCUSSION WITH REPRESENTATIVES FROM LIVING WATERS LUTHERAN CHURCH ON BUILDING PLANS Present for this discussion were Reverend Matthew Cimorelli and Terry Welsh of 4 Iron Horse Drive.

Reverend Matt gave a public invitation to the governing body and others to attend the ground-breaking ceremony for their new church on March 15, 2008, and he stated that the members hope to be in their new church by Christmas 2008. Final information from the architects and design engineers are ready, and they are moving forward. Pictures of the new facility to be built on Route 514 were displayed. Highlights of the new building included the following: it will be built with green technology using a geothermal heating and cooling unit; solar panels will be used; trees will be planted at baptisms; there will be a small lawn for church picnics. Mr. Tatsch asked if Living Waters had considered the vacated church in Reaville. Reverend Matt stated that they did talk with the person who oversees the Church; however the facility is an older structure, and the congregation felt that the new building would allow them more flexibility.

Reverend Matt again invited the public and the Township Committee to their ground-breaking on March 15. He concluded by thanking the governing body for allowing them the many years of use of the municipal building, stating that "it is greatly appreciated."

PUBLIC HEARING ON APPROVAL OF A RESOLUTION TO DECLARE GYPSY MOTHS A PUBLIC NUISANCE Present during this discussion was Environmental Commission Member Frank Clair.

As proof of publication, Mrs. Stahl provided the January 31, 2008, notice published in the Hunterdon County Democrat, notifying the public of the adoption of a resolution at this evening's meeting. The public hearing is part of the process to have the state treat for gypsy moths this year. Mr. Clair stated that the Environmental Commission was in favor of "getting it done." A notice from the State Department of Agriculture indicates that they will only be doing a single treatment rather than a double treatment of the area on Wagner Road, i.e., 83 acres at a reduced rate of about $3400.

Motion by Mr. Kneski, seconded by Ms. Lenox, and it was carried unanimously to open to the public for comments.

Andrea Bonette, 17 Ridge Road, asked why it was necessary to declare gypsy moths a public nuisance; the governing body explained that this was a state requirement.

Bill Reiter, Back Brook Road, commented on being on the Environmental Commission in 1983, when spraying was done in the township. He spoke about spraying a distance of 150 feet in on a field for aesthetic purposes, and farmers would have to pay for the rest of the treatment, if they wanted, for the remainder of their crop area. He cautioned not to spray private property with public money, and he stated that unless the entire forest was sprayed (not just the area close to the road), the treatment would not be effective.

Mr. Tatsch explained that this was a state program, and grant funding is anticipated (i.e., it may pay up to one half of the cost). Mr. Tatsch further explained that the rationale is that while it does benefit some residential homes, it benefits the entire township from losing irreplaceable and valuable trees such as old oak wood trees, which would be lost if defoliated two or more times. Mr. Tatsch felt that it was appropriate to go forth with the plan to spray. Mr. Reiter further commented on his support of spraying crops, not the pests, and he provided some anecdotal information on past spraying on the property across from his, which traveled over to his property. Mr. Reiter commented that the thought process of the Environmental Commission years ago was to treat the whole forest with the right material, including two applications of material, which was critical. Mr. Tatsch explained that the state has been offering this program for years, and they have considered all issues; he concluded that the current approach being considered by the Township Committee is the appropriate approach to assist in this particular situation.

Motion by Mr. Martin, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.

Mr. Martin commented on the great argument suggested by Mr. Reiter. Mr. Tatsch commented on promoting farms and differences between farm businesses and trees being treated. He felt that the Township Committee was given a responsibility last year and that the Environmental Commission was supportive of the treatment. Dr. Clair explained the state's rationale for the area spraying, i.e., not killing everything and leaving natural predators for future control, and he felt that this was a good start. He commented on losing 21 white oaks although he treated his property in the past with Seven. Dr. Clair concluded that anything is better than nothing at all, that the larvae move by wind, and if eradicated in one area, they would not blow anywhere else; he felt that "there is nothing to lose and everything to gain."

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RESOLUTION #34-08

WHEREAS, the gypsy moth Lymantria dispar, has been found heavily defoliating tree and plant growth in the Township of East Amwell; and

WHEREAS, continued destruction of foliage may result in loss of valuable forest lands and trees; and

WHEREAS, the Township Committee of the Township of East Amwell has determined that a gypsy moth control program should be instituted with the State of New Jersey Department of Agriculture and that application for any Federal or State funds available be authorized;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Township Committee of the Township of East Amwell, that the gypsy moth is declared to be a public nuisance and the protection of vegetation or plant life therefrom is deemed to be a subject matter of public welfare, and that all measures deemed necessary, in compliance with the State of New Jersey Department of Agriculture recommendations, is hereby authorized to suppress this forest and shade tree pest.

By Order of the Township Committee,

____________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to approve the resolution.

SPECIAL COMMITTEE REPORTS

AD HOC COMMITTEE ON STORMWATER MANAGEMENT

1) Appointment of New Member: Mr. Tatsch explained that the Chairwoman of the Environmental Commission has agreed to serve on the ad hoc committee, and she is familiar with the process and will be an asset to the committee. Motion by Ms. Lenox, seconded by Mr. Kneski, and carried unanimously to appoint Dee Kellogg to this ad hoc committee.

COAH (AFFORDABLE HOUSING) UPDATE

1) Memo from Construction Official Doddy re: Collection of COAH Fees: Stewart Doddy provided his January 29, 2008, memo suggesting the Township collect one half of the COAH fee at the time permits are issued and the remainder at the time the Certificate of Occupancy (CO) is issued. Although property owners receive information with their building packets about the COAH fee, there is usually a "surprise" effect when the time comes to pay. Mr. Kneski explained that under the construction code, while it does not prescribe who collects the fee, it is possible to set up the collection of the fee as Mr. Doddy suggests.

Mr. Matheny looked at Section 75.8 of The Code of East Amwell Township with respect to the collection of developer fees. He provided a hand-out to the governing body outlining suggested changes in the code to collect one half of the fee with the building permits and one half at the time of CO and eliminating the reference to the Zoning Officer as the collection agent. Section B also allows the Zoning Officer the opportunity to review the request before the issuance of building permits to determine if the fee applies to the development. The Tax Assessor would calculate the value to determine the appropriate fee. Mr. Matheny spoke with Zoning and Construction Departments, and they were agreeable with the concept.

Mr. Kneski asked about the annual certification required for the collection of developer fees; the Clerk acknowledged that there is an annual report of COAH fees completed by the Treasurer. Mr. Tatsch commented on previous concerns that there may have not been any collections in 2007. A conversation with the Construction Department revealed that there were no fees missed, and there may be some due now at the completion of projects, i.e., $25,000 for 7 or 8 developments. Collection letters will be sent to property owners. Mr. Tatsch agreed that the recommendation to collect one half at the time the building permits are issued is a reasonable one, noting that West Amwell Township collects in this manner.

The Township Committee agreed that Mr. Matheny, Mr. Doddy, and Mr. Kneski would work with the Attorney on the ordinance. Mr. Matheny also noted that there are other aspects of the ordinance to be addressed, e.g., what types of development can be assessed, following state guidelines, etc.

Mr. Tatsch cautioned that the municipality could end up with additional COAH credits if the incorrect code for construction is used, e.g., if the code does not correctly identify the building as a farm building, the building may qualify the township for additional credits. He stated that Mr. Ginman had been working on this issue. Mr. Tatsch stated that he would like COAH Municipal Housing Liaison Robbins to review what changes are made and carefully review COAH regulations to make sure that the fees are applied accurately and no additional COAH units are required in the review. Mr. Tatsch directed Mr. Matheny and Mr. Kneski to speak with Mr. Robbins to capture the right, not wrong credits, and when ready, to send the ordinance to Mr. Cushing for his review.

2) COAH Public Hearing on February 5, 2008, in Flemington: Mr. Tatsch communicated with Mr. Robbins on the recent meeting, and "the news is reasonably good." Mr. Robbins was able to discuss the Township's issues with COAH representatives about the numbers used for calculations being out of line with real conditions. Mr. Robbins is waiting for a call back from COAH, and he will provide the actual numbers for construction and employees in an effort to get a reduction from COAH.

Mr. Tatsch has contacted a Township resident who has expertise at the State, and he is trying to get that person to assist since Mr. Ginman has resigned. Mr. Tatsch also spoke with Planning Board Vice Chairman Fred Gardner about having the Planning Board appoint an ad hoc committee to work with Mr. Robbins in the process to reduce the numbers.

Mrs. Cregar mentioned the important article in the Hunterdon County Democrat about ten towns who have banded together to address their concerns. Mr. Tatsch noted there may be other issues, including the increase in tolls, which have surpassed the COAH issue recently. Mr. Tatsch agreed that the dramatic increase in figures is not within the reality of East Amwell Township, and there will be aggressive action in seeking a reduction in figures.

Mr. Tatsch also reminded the governing body that they are moving ahead with the acquisition of the Easter Seals house, which can provide 5 credits and ultimately cost nothing to do so. He spoke of the benefits of this project for everyone.

STANDING COMMITTEES

RECYCLING COMMITTEE

1) Resignation of Doug Wehman: The email from Doug Wehman announcing his resignation from the Recycling Committee was acknowledged. Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to accept the resignation with regret.

There are still some vacancies on boards, and members are being sought.

RECREATION COMMITTEE

1) Recreation Committee Membership Change: Motion by Mr. Martin, seconded by Mr. Kneski, and it was carried unanimously to move Carolyn Viola from a regular member to the Alternate I and move Joan Sank from Alternate I to Alternate II, based on the recommendation from the Recreation Committee.

BOARD OF HEALTH

1) Meszaros Property, Closing Documents for Economic Development Authority (EDA) Closing: Ms. Kopen stated that this would be discussed in executive session. She did note that in reviewing the initial documents for the closing, one of the requirements is site control by the Township. Ms. Kopen stated that their firm believes that the resolution previously approved by the governing body for the voluntary conveyance of the properties would be acceptable for this purpose. A certified copy of this resolution will be provided to the attorney for inclusion with the application.

The firm is also looking into the contract for ERM to perform the remedial investigation to insure that this is a professional services contract, not a bid contract.

Mr. Tatsch noted that the Township is actively pursuing the acquisition of this property and working with Green Acres. On a question from Mrs. Bonette, Mr. Tatsch explained that EDA is the agency providing the funding for the HSRDF (remediation) grant.

UNFINISHED BUSINESS

TOWNSHIP ADMINISTRATOR'S UPDATE

1) Clawson Park: The Clawson Park sign is ready and permits have been obtained. Thanks to Mrs. Cregar's assistance, Mr. Matheny met with Will Harrison at the park to decide on location of the sign. The DPW will be renting an auger and install the sign shortly.

2) Dave's Sunoco: Mr. Matheny and Zoning Officer McManus will meet with the Mummeys at the site next Thursday and further discuss issues thereafter.

3) Auction and/or Ebay Sales: Ms. Lenox provided Mr. Matheny with an article about selling items on Ebay, which needs Department of Community Affairs approval. Mr. Matheny explained that Plainsboro Township will be having an auction in April or May, and East Amwell may be able to participate. The auction includes an auctioneer who charges a percentage, is done with municipalities surrounding Plainsboro, includes a bigger market and audience, and may draw scrap haulers. Plainsboro Township would not charge East Amwell to participate. East Amwell Township items may include the generators, a large truck, a copy machine, old monitors, etc., and DPW Superintendent Howell is looking at other possible items to get rid of surplus. Items will be loaded on a Township owned trailer and brought to the auction.

Mr. Matheny will also look into the Ebay sales, noting that the auction must be under a responsible party's name (not the Township). He stated that there are businesses who do this type of sale, and while they charge a percentage, they get good returns.

4) Municipal Building Color Scheme: Mr. Matheny worked with the staff and with an interior decorator to develop a color scheme for the building. His office has been painted with the new colors, and the Township Committee was invited to view it. The interior decorator is Mr. Matheny's Mother, who does this as a profession. Mrs. Matheny used the colors in the Township seal to select the scheme.

RESOLUTION TO ENTER EXECUTIVE SESSION: Mr. Tatsch recommended opening the meeting to the public prior to entering executive session.

OPEN TO THE PUBLIC

Tom Steele, President of the Amwell Valley Ringoes Rescue Squad, and Bill Reiter, Vice President of the Amwell Valley Ringoes Rescue Squad, identified themselves. He stated that he wanted to address the January 19, 2008, Township Committee minutes, where some statements were his personal views. Highlighted information included the following: there was no vote taken to renovate the existing building; there was a vote not to build on Route 202, but it is being contested; the squad would prefer a four wheel vehicle not this year but in the future; the number of calls in total was 482, and the figure of 259 was for East Amwell calls only; the squad would like to place their vehicles in a building, but there has been no proposal to do so yet; the hand-drawn sketch presented to the Township Committee on January 19, 2008, is a conceptual plan, and it was not shown to the full squad yet while there may be some members looking at it already as a conceptual plan; Mr. Reiter stated that the plan was given to the squad but not yet formally presented; they are now working with a local architect, Terry Golda, who volunteered his services to the squad; Terry Golda will provide preliminary drawings in the future; Mr. Reiter asked about going before the Planning Board, and Mr. Tatsch stated that the office staff would be able to assist with his questions; Mr. Steele stated that it was his personal view to get a first response vehicle, and while the squad may be in favor, they have not yet formally discussed this; Mr. Steele also spoke about the impervious cover reduction on the site in Raritan Township; he also stated that the Church has not yet formally told the squad that they would not allow access to the road.

Mrs. Cregar asked about the vote to build on Route 202. Mr. Steele explained that the vote to move to Route 202 was not passed, and he and Mr. Reiter believe that the vote should have been two-thirds of the members, not the 7-5 vote taken. Mr. Reiter also commented on the vote to buy property, stating that the building committee was sent with a cap to the original contract price. Mr. Reiter also spoke about the type of meeting at which the vote was taken. Mr. Reiter stated that Attorney Jeffrey Weinstein was asked about the two-thirds vote question, and he agreed that the two-thirds vote was necessary. Mr. Reiter spoke about the original arrangement that the property owner would sell the property for $250,000 and trade the other property if it could be sold as a gas station, and he would donate $100,000. Mr. Reiter said that $3,500 was paid for an appraisal for the squad building, which was appraised at $450,000. He stated that a trade of $250,000 for a building worth $450,000 was "not ethical in our eyes." He also said that there was a requirement of a two-thirds vote in the past for expenditure of money, and according to Roberts Rules of Order and their attorney, the vote did not pass and is dead.

Mr. Steele and Mr. Reiter concluded that the plans for the squad building have not been submitted to the membership yet, and there will be a vote to hire Mr. Golda. The intent is to build the bays first in attempt to keep equipment inside.

Mrs. Cregar asked how everyone in the squad would come to a consensus. Mr. Reiter commented that the majority of the members know that they have to build and update the building. He spoke about the current building in a strategic location, and he commented on the jug handle problem and no right of way with the proposed new location. Mr. Reiter also commented on specific misinformation provided by the building committee about the Alexauken Creek and footprint requirements. The cost to renovate the building would be about $1,000,000.

Mr. Tatsch spoke about not having one hundred percent agreement in the squad, but the need to have support by all of the squad members. The rescue squad members stated that there was a special meeting on Tuesday night at 8 p.m., which was open to the public. Mr. Tatsch suggested listing factual items, e.g., mortgage costs, ability to pay, etc., and discuss all of them with the membership. If there is an impasse, Mr. Tatsch suggested contacting a professional mediator. He noted the importance of finding a solution all members could live with, and the importance of hiring an unbiased third party professional was stressed.

Mr. Tatsch concluded that the mediator was a suggestion, and that the governing body wished the squad luck in coming to a resolution. The Committee saw both sides of the issue, and they recommended that the squad continue to recruit members and continue their great job.

Mr. Reiter commented on the generators and excess equipment, which the governing body wanted to sell. He mentioned the name of a person whom he knew from his work on the Doris Duke property, and he agreed to provide his number to Mr. Matheny. He spoke about the cost of transporting items off site for both gas and service. Mr. Reiter also suggested advertising in the VIP.

Mr. Steele stated that the cost of the well on the Route 202 was $4,000, and they are still looking into who authorized the digging. Mr. Reiter also spoke about the contract for the property, which was not updated. He provided specifics about dates for special meetings and for well drilling, stating that the costs for locating and putting in a well on private property without a contract would not be appropriate.

Dick Carmen, 48 Dutch Lane, stated that he was the owner of the property in question on Route 202. Three or four years ago, Jason Read came to him about the property for the squad. There was an agreement made that if he was able to get a Hess station on Copper Hill Road and Route 202, he would sell his property to the squad for $250,000 and if he got additional approvals, he would give the squad $100,000. He spoke about problems with getting NJ DOT access. Mr. Carmen also said that the first two squad members on site, along with Luster Excavating doing the percs, were Bill Reiter and Margaret Case. There was a disagreement between Mr. Carmen and Mr. Reiter about signing a contract.

Mr. Carmen continued by providing specifics about the contract, approvals from Raritan Township, the NJ DEP, and NJ DOT, and architectural work. Mr. Carmen believes that the problem is not the cost, but the turmoil in the squad. He commented on the squad taking donations from the public, including him. He stated that Stover Wells put in the well at a cost of $5100 in good faith for the squad, and that the first two people involved in the plans were objecting the most. He also spoke about the assessments being "an equal swap"; he is paying taxes and insurance of over $40,000, and he has not received anything from the squad. He has advised the squad that if this is not going to go through, he should be "turned loose" to use his property. Mr. Carmen commented on a visit by Mr. Reiter to his home, concluding that "there were a lot of unhappy people" in his opinion with “ two sides of a story.”

Mrs. Cregar asked if Mr. Carmen would be attending the public meeting at the squad next week; Mr. Carmen thought that he might attend.

Andrea Bonette, 17 Ridge Road, commented on revising the COAH fee ordinance, adding that there were a lot of discussions about applicability and exemptions by past Township Committees. Mrs. Bonette specifically mentioned agricultural exemptions and reviewing ten years of construction permits. She stated that the review showed one building for a farmer for crops, while the rest of the buildings were for horses, and the Township Committee drew no distinctions. She stated that it was up to the current governing body to decide.

Mrs. Bonette asked about the Administrative Reports listed on the agenda, specifically for the Road Supervisor. She had previously asked Mr. Kneski and Mr. Matheny about a matter, and Mr. Matheny did not provide an answer. She asked if the Township Committee could read the road report for January 29. Mrs. Cregar offered Mrs. Bonette her copy of the report for her information.

Motion by Mr. Martin, seconded by Ms. Lenox, and it was carried unanimously to close to the public.

UNFINISHED BUSINESS, Continued

RESOLUTION TO ENTER EXECUTIVE SESSION

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RESOLUTION #35-08

WHEREAS, the Open Public Meetings Act, P.L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, East Amwell Township Committee is of the opinion that circumstances presently exist; and

WHEREAS, the governing body of the Township of East Amwell wishes to discuss land acquisition and to receive advice from the Township Attorney; and

WHEREAS, minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then minutes can be made public;

NOW, THEREFORE, BE IT RESOLVED that the public be excluded from this meeting.

By Order of the Township Committee,

___________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Lenox, seconded by Mrs. Cregar, and carried unanimously to approve the resolution.

The executive session began at 8:55 p.m.

The regular meeting resumed at 9:05 p.m.

COMMENTS MADE AT OPEN TO THE PUBLIC PORTION OF MEETING: Mr. Tatsch commented on the Open to the Public portion of the meeting, noting an allegation made that the DPW was doing something different from what they said they were doing on a particular date. Mrs. Bonette did not share her concerns but instead requested information on where the DPW was on a certain date or time. Mr. Matheny appropriately asked Mrs. Bonette to provide her concerns, which she did not do. Mr. Tatsch agreed that if a member of the public alleges that that staff has acted inappropriately, the Township Officials will listen and move on the allegations, taking appropriate disciplinary action, if warranted. He agreed that a "tell me what you know" approach is not appropriate and publicly embarrassing staff does not benefit the Township. Mr. Tatsch also stated that today was February 7, and if there was an issue to address on January 29, it could have been done so in a timely manner.

The Committee discussed the issue at length, agreeing that if it is a personnel matter, Mr. Matheny should be authorized to handle it. Mr. Kneski noted that Mrs. Bonette originally approached him with the question, and he directed her to Mr. Matheny for the answer to the staffing question. All agreed that if there are valid concerns, Mr. Matheny is authorized to act upon them.

Mr. Matheny also explained that he has asked Mr. Howell to provide more information in the Road Supervisor's report, i.e., it will not be an all-inclusive list, but it will provide more information on daily activities.

Mrs. Cregar commented on trivializing points if they are made on a regular basis.

NEW BUSINESS

RAFFLE LICENSE FOR EAST AMWELL TOWNSHIP SCHOOL PTO: Mrs. Stahl noted that the PTA recently changed their affiliation, and it is now a PTO. The request is for a calendar license for drawings from April through June for the dates listed on the application.

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RESOLUTION #36-08

BE IT RESOLVED by the Township Committee of the Township of East Amwell that they hereby support the fund-raising efforts of the East Amwell Township School PTO, 43 Wertsville Road, Ringoes, NJ 08551; and

WHEREAS, the East Amwell Township School PTO has made application to hold a calendar raffle on 4/28/08, 5/5/08, 5/12/08, 5/19/08, 5/26/08, and 6/1/08, at 3:00 p.m. at the Esat Amwell Township School, 43 Wertsville Road, Ringoes, NJ 08551;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell, that raffle license number #RA-08-01 be approved and processed.

By Order of the Township Committee,

______________________________

C. Larry Tatsch, Mayor

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Motion by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously.

ADMINISTRATIVE REPORTS

TREASURER LUHRS provided bills of the evening and a statement of cash on hand. Motion by Ms. Lenox and seconded by Mr. Martin to approve the bills of the evening.

Mr. Kneski asked about a bill on page 8 for payment to the engineer for The Ridge at Back Brook. Mr. Martin explained that the Board of Health requires yearly monitoring for benthic invertebrates in the streams, which may be impacted by The Ridge's use of fertilizer. The testing is usually done in late summer, and the Township's Consultant, Princeton Hydro, reviews the results, for which the Township pays. The motion to pay the bills was approved unanimously.

Treasurer's Resolutions:

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RESOLUTION #37-08

WHEREAS, the Department of Public Works Superintendent of the Township of East Amwell Township has approved the refund of the following driveway bond;

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of East Amwell that the Treasurer is authorized to issue a refund check to the following applicant:

Applicant Amount of Refund

Frank DiGioia $2,500.00

By Order of the Township Committee,

_________________________

C. Larry Tatsch, Mayor

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Motion by Mrs. Cregar, seconded by Mr. Kneski, and it was carried unanimously to approve the resolution.

The Tax Collector had no resolutions, and all other administrative reports listed on the agenda were noted.

CORRESPONDENCE

Ms. Lenox and Mr. Tatsch will attend the February 29 meeting in Trenton, which is the 5th Annual Governor's Transportation Conference. Mr. Tatsch and Ms. Lenox attended the February 6th meeting sponsored by the NJ State League of Municipalities on heavy truck traffic, and they provided the following highlights: East Amwell Township is the alternate non-toll route (i.e., throughway to Route 287, to Route 202/31, to Route 95 and south). If tolls become too high, this may become the preferred route for truckers. Ms. Lenox spoke about alarming statistics, i.e., in 2010, there will be a 14% increase in truck traffic, and it will go up to 40% in 2022. Another suggestion being made is to raise the gas tax for vehicles and not have the Route 78 tolls for trucks. On a question from Mr. Martin, Ms. Lenox said that another option was to modify the trucker's tolls while keeping car tolls the same.

Mr. Tatsch spoke about a resolution recently adopted by Hopewell Township, which he would encourage the governing body to adopt. It would benefit by allowing local police the authority to enforce regulations, i.e., to stop trucks for moving violations. Mr. Tatsch explained the problem of having a limited number of state police inspectors who are also handling homeland security along with the traffic safety. Mr. Tatsch felt that the resolution was beneficial to consider.

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RESOLUTION #38-08

A RESOLUTION REQUESTING NEW STATE REGULATIONS

TO PERMIT LOCAL POLICE TO ENFORCE NEW TRUCKING

REGULATIONS AND THE CREATION OF FINANCIAL INCENTIVES

TO OFF-SET THE IMPACT OF NEW TOLL HIKES

WHEREAS, the Governor of New Jersey has unveiled a fiscal plan for balancing the State budget that relies on periodic substantial annual increases in tolls on New Jersey’s toll roads; and

WHEREAS, the operating characteristics of 102-inch wide trucks and double-trailer truck combinations (hereinafter called large trucks) require greater stopping distances and greater distances to maneuver; and

WHEREAS, the physical limitations of two-lane highways and local roadways other than the interstates (hereinafter called local roadways) do not offer a safe means of travel for large trucks; and

WHEREAS, the use by large trucks of local roadways poses a significant risk to the health, safety and welfare of the residents who live on and along these roads; and

WHEREAS, the use by large trucks of local roadways poses a substantial risk to the health, safety and welfare of the millions of school children being bused on these roads to and from schools on a daily basis; and

WHEREAS, the use by large trucks of local roadways poses a substantial risk to the millions of commuters on these roads each day; and

WHEREAS, motor vehicle accidents on State Highway Route 31 and State Highway Route 29 involving large trucks have resulted in numerous fatalities and injuries and substantial damage to property ; and

WHEREAS, random truck inspections by the NJ State Police have revealed that thirty-five¹ to fifty-five percent[i] of all trucks inspected have safety violations, and more than eighteen percent¹ have violations so severe that they are immediately taken out of service; and

WHEREAS, since 9/11, the NJ State Police, properly focused on ensuring “homeland security”, have limited staff and resources to conduct truck inspections on local roadways; and

WHEREAS, given the number of strategic ports in the State and proximity to New York City, the NJ State Police does not have the manpower to conduct sufficient random inspections, resulting in an inadequate ability to conduct truck inspections; and

WHEREAS, given the number of its strategic ports, New Jersey serves as a point of origin for trucking based operations that serve the entire United States; and

WHEREAS, any regulation that does not encourage the use of the National Network, including the Turnpike, for the Interstate distribution of trucks will otherwise force trucks to use local County and Municipal roads; and

WHEREAS, the use by large trucks of undersized, local roadways causes an accelerated deterioration of those roadways and results in an economic burden to local municipalities who struggle on a regular basis to keep their roadway capital budget in check; and

WHEREAS, the Legislature has imposed budget CAP restrictions that severely limit a municipality’s ability to fund capital roadway repair projects; and

WHEREAS, in 1999, the New Jersey Department of Transportation (DOT) imposed a ban on the use of two-lane county and state highways by large trucks passing through the State; and

WHEREAS, the 1999 ban on large trucks resulted in a twenty² to forty-five[ii] percent reduction in heavy trucking on Route 31 depending on the season; and

WHEREAS, on February 21, 2006 the 3^rd Circuit Court of Appeals invalidated the 1999 ban; and

WHEREAS, in response, the DOT passed emergency regulations limiting the use by large trucks of New Jersey’s State, county and local roads; and

WHEREAS, the DOT has now proposed permanent trucking regulations that limit the ability of large trucks to use New Jersey’s State, county and local roads; and

WHEREAS, the new DOT truck regulations are intended to mitigate the risk to the public by encouraging large trucks to use only the interstate highways and other roads designated as part of the “National Network”, including the New Jersey Turnpike and Garden State Parkway, two of the toll roads slated for substantial increases under the Governor’s plan; and

WHEREAS, counter to the new truck regulations, the proposed increase in tolls will result in increased truck traffic on local roadways (an increase of anywhere between seven percent[iii] to thirty percent[iv]); and

WHEREAS, this increase in truck traffic on local state, county and municipal roads sill increase the risk to life, limb and property of local residents and the traveling public[v]; and

WHEREAS, since the enactment of the DOT regulations are only part of the solution, a coordinated, regional approach to safety on local municipal roadways must be established.

NOW THEREFORE, BE IT RESOLVED on this 7^th day of February, 2008, by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey that the East Amwell Township Committee call upon the Governor of the State of New Jersey and the New Jersey State Legislature to ensure that in order to meet the additional law enforcement burden imposed by these new regulations, enforcement powers (including safety, opacity [pollution] and weigh tests) should be granted to municipal law enforcement officers as they were prior to 1994, with appropriate training by the State, to stop and investigate trucks traveling through their municipalities to ensure compliance; and

BE IT FURTHER RESOLVED, that the Township urges the New Jersey State Police to increase the number of random roadside inspections of trucks throughout all communities, and that the State Police keep weigh stations open longer hours; and

BE IT FURTHER RESOLVED, that the State fund the installation of more roadside inspections in areas that receive disproportionate truck traffic resulting from these new regulations, and that where possible, the DOT combine rest stops and convenient services (food, directions, etc.) to encourage alert truck driving; and

BE IT FURTHER RESOLVED, that the Township encourages the Governor and the DOT to explore providing fiscal and other incentives for truck drivers and fleet owners with excellent safety records, such as a rebate of truck taxes, and expand incentives programs (e.g., toll reductions, reductions in fuel costs) that help keep large trucks on the “National Network”; and

BE IT FURTHER RESOLVED, that the Township encourages the Governor and the DOT to explore the installation of smart technology and/or in-road safety devices (such as reflectors along lane stripes) to keep trucks in lanes and prevent non-attentive driving; and

BE IT FURTHER RESOLVED, that the Township encourages the Governor and the DOT to install adequate signage to remind large trucks to remain on the “National Network” in keeping with the DOT regulations; and

BE IT FURTHER RESOLVED, that the Township encourages the Governor and the DOT to create additional funding sources to help municipalities make necessary repairs created by the accelerated deterioration of roadways and deal with the resulting economic burdens resulting from increased large truck traffic; and

BE IT FURTHER RESOLVED, that the Township Clerk shall forward a copy of this Resolution to the Governor of New Jersey, the Commissioner of the New Jersey Department of Transportation, the President of the New Jersey Senate, the Speaker of the New Jersey General Assembly, all Senate and Assembly Legislators, all New Jersey Freeholder Boards, and all New Jersey Mayors.

Sources: i. NJ State Police Random Inspections, State Highway 31, 2002-2003

ii. DOT Counts, State Highway 31, 2000-2007

iii. DOT Estimates, Trenton Times, 1/24/08

iv. Steer Davies Gleave Report, Trenton Times, 1/24/08

v. Penn State University Study, Trenton Times, 1/24/08

By Order of the Township Committee,

____________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to approve the resolution.

Mr. Matheny asked permission to be absent at the March 27, 2008, Township Committee meeting since he is taking his family on vacation. Mrs. Cregar will miss the February 28, 2008 meeting. Ms. Lenox will miss the August meeting, and Mr. Kneski will miss one meeting in September.

Mr. Tatsch and Ms. Lenox spoke about the Hunterdon County meeting at the end of February regarding Hunterdon County transportation issues. Mr. Tatsch agreed that he had previously advised Engineer Dennis O'Neal to attend on behalf of the Township.

ADJOURNMENT

There being no further business, a motion was made by Mr. Kneski, seconded by Mrs. Cregar, and it was carried unanimously to adjourn the meeting at 9:35 p.m.

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Teresa R. Stahl, RMC/CMC

Municipal Clerk