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 July 15, 2008.
The meeting opened with the Pledge of Allegiance to the American Flag.
AGENDA REVIEW
Mrs. Stahl announced that Attorney Judith Kopen will be serving as legal counsel this evening.
Under Correspondence, add the July 17, 2008, email from Richard Cushing on a draft Inter-local Agreement for Spring Hill Road (this item will be added to the special July 31, 2008, agenda) and a copy of the June 20, 2008, letter to Hess from Mayor and Board of Health.
Mrs. Cregar asked to add Clawson Park Update under Standing Committees.
ANNOUNCEMENTS
A. East Amwell Summer Playground will continue at the East Amwell Township School through July 25, 2008. The program is open to all Township children, who have completed Kindergarten through 8th grade. Call the Clerk for details.
B. There is only one regular Township Committee meeting in July on July 17, 2008, and one in August on August 14, 2008.
C. There will be a special, advertised meeting of the Township Committee on Thursday, July 31, 2008, to award a contract for the renovation of the municipal building, to appoint an intern to work on the ANJEC grant project for conservation easements, to approve amusement license applications for 4H Fair (if applicable), to hold a public hearing and adopt the 2008 Budget, and to approve an inter-local agreement with Montgomery Township on the Spring Hill Road project.
APPROVAL OF MINUTES
June 26, 2008 Regular Minutes were approved on a motion by Ms. Lenox, seconded by Mr. Kneski, and carried unanimously.
July 7, 2008, Special Minutes (Budget) were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously with a few minor corrections from Mr. Tatsch, which did not change the nature of the minutes.
OPEN TO THE PUBLIC (for Comments from the Public for Items Not on the Agenda)
The meeting was open to the public for comments. There being no comments from the public, Mr. Martin made the motion to close, seconded by Ms. Lenox, and it was carried unanimously.
PUBLIC HEARINGS/INTRODUCTION
OF ORDINANCES
Public Hearings on
Ordinances:
ORDINANCE 08-08 AN ORDINANCE TO PROVIDE FOR THE EAST AMWELL TOWNSHIP FUNDING SHARE OF THE SPRING HILL ROAD IMPROVEMENT PROJECT, IN THE TOWNSHIP OF EAST AMWELL, COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $165,000.00 WHICH INCLUDES AN APPROPRIATION OF $45,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND A STATE OF NEW JERSEY D.O.T. GRANT RECEIVABLE OF $120,000.00
The ordinance was introduced and made available to the public on June 12, 2008, and the Clerk provided the legal notice published in the June 19, 2008, issue of the Hunterdon County Democrat.
Mr. Tatsch explained that the
ordinance will partially fund a multi-jurisdictional road project, and East
Amwell received a $120,000 grant towards the work. The total cost for the municipality will be
approximately $156,000.
Motion by Mr. Kneski, seconded by Ms. Lenox, and carried to open to the public. There being no comments from the public, motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.
Motion to adopt Ordinance 08-08 was made by Ms. Lenox, seconded by Mr. Martin, and carried unanimously by roll call vote: Mr. Martin, yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.
ORDINANCE 08-09 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR PUBLIC ROADWAY PURPOSES
The ordinance was introduced and made available to the public on June 12, 2008, and the Clerk provided the legal notice published in the June 19, 2008, issue of the Hunterdon County Democrat.
Mr. Tatsch explained that a small strip of land in front an East Amwell had to be obtained as an easement to complete the road project on Spring Hill Road. The ordinance authorizes a conveyance of the property to the municipality.
Motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously to open to the public.
Frances Gavigan, 123 Wertsville Road, ask the price of the easement. Mr. Tatsch provided the figure of $895, with funding coming from the road ordinance.
Motion by Ms. Lenox, seconded by Mr. Martin, and carried to close to the public.
Ordinance 08-09 was adopted on a motion by Mrs. Cregar, seconded by Mr. Kneski, and carried unanimously by roll call vote: Mr. Martin, yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.
ORDINANCE 08-10 AN AMENDMENT TO THE 2008 SALARY AND WAGE ORDINANCE
The ordinance was introduced and made available to the public on June 26, 2008, and the Clerk provided the legal notice published in the July 3, 2008, issue of the Hunterdon County Democrat.
Mrs. Stahl explained that the ordinance would cover the part-time intern to be hired to do the easement work through an ANJEC grant and to allow a placeholder in the salary and wage ordinance if the Township decides to hire their own Animal Control Officer.
Motion by Ms. Lenox, seconded by Mr. Kneski, and carried unanimously to open to the public for comment. There being no comments, motion by Ms. Lenox, seconded by Mrs. Cregar, and carried unanimously to close to the public.
Ordinance 08-10 was adopted on a motion by Mrs. Cregar, seconded by Mr. Kneski, and carried unanimously by roll call vote: Mr. Martin, yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.
Mrs. Stahl explained that the next sequential number, Ordinance 08-11, was held at the June 26 meeting to use for the defined contribution ordinance, once further information was obtained from the state. The ordinance will be introduced later in the meeting.
ORDINANCE 08-12 AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF EAST AMWELL, CHAPTER 135, VEHICLES AND TRAFFIC, TO ESTABLISH SPEED LIMITS ON SNYDERTOWN ROAD, WELISEWITZ ROAD, MOUNTAIN ROAD, AND STONY BROOK ROAD
The ordinance was introduced and made available to the public on June 26, 2008, and the Clerk provided the legal notice published in the July 3, 2008, issue of the Hunterdon County Democrat.
Mr. Tatsch stated that the ordinance will formalize the speed limits posted on the roads based on studies by the state.
Motion by Mr. Kneski, seconded by Ms. Lenox, and carried unanimously to open to the public.
There being no comments, a motion to close to the public was made by Mr. Martin, seconded by Mr. Kneski, and carried unanimously.
A motion to adopt Ordinance 08-12 was made by Mr. Kneski, seconded by Ms. Lenox, and it was carried unanimously by roll call vote: Mr. Martin, yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.
ORDINANCE 08-13 AN ORDINANCE TO PROVIDE FOR ROAD IMPROVEMENTS TO BACK BROOK ROAD, IN THE TOWNSHIP OF EAST AMWELL, COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $175,000.00 WHICH INCLUDES AN APPROPRIATION OF $25,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND A STATE OF NEW JERSEY DOT GRANT RECEIVABLE OF $150,000
The ordinance was introduced and made available to the public on June 26, 2008, and the Clerk provided the legal notice published in the July 3, 2008, issue of the Hunterdon County Democrat.
Mr. Tatsch explained that the Township received a $150,000 grant from the state to resurface Back Brook Road. The Township will add an additional $25,000 as "the bare minimum" to be eligible for the grant. The funding will allow four sections of Back Brook Road to be completed to a satisfactory condition.
Motion by Ms. Lenox, seconded by Mr. Kneski, and carried unanimously to open to the public. There being no comments from the public, motion by Ms. Lenox, seconded by Mrs. Cregar, and carried unanimously to close to the public.
A motion to adopt Ordinance 08-13 was made by Mr. Kneski, seconded by Mr. Martin, and it was carried by unanimous roll call vote: Mr. Martin, yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.
Introduction of Ordinances
ORDINANCE 08-11:
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
ORDINANCE 08-11 AN ORDINANCE FOR DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM
WHEREAS, the State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various county and municipal officials; and,
WHEREAS, N.J.S. 43:15C-2 requires the governing body of each county, municipality, and other local entity to adopt, as appropriate, either a resolution or ordinance to determine the positions that are substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, and for which officials appointed to such positions shall be eligible for and shall participate in the Defined Contribution Retirement Program, subject to the provisions of law; and,
WHEREAS,
the Township Committee of the Township of East Amwell has considered the
guidelines issues by the Local Finance Board;
THEREFORE, BE IT ORDAINED by the Township Committee that:
a. Municipal Court Judge
b. Prosecutor
c. Public Defender
d. Township Administrator
a. Tax Collector
b. Chief Financial Officer
c. Construction Code Official
d. Qualified Purchasing Agent
e. Tax Assessor
f. Registered Municipal Clerk
g. Licensed Uniform Sub-code Inspectors
h. Principal Public Works Manager
3. If
an individual is appointed to one of the positions listed in Section 1 and the individual is not serving in a position as
described in section 2 above, the
Pension Certifying Officer of the
municipality may determine that the individual is not required to join the Defined Contribution Retirement Program
if that individual: 1. was an active participant in the Public
Employee Retirement System on July 1, 2007
and continuously since that time; or 2. has been appointed pursuant to a valid promotional process; or 3. is appointed
on a temporary, interim, or "acting" basis
to a position requiring State Certification as set forth in Section 2
herein, and
is in pursuit of the required certification; or 4. meets such other
exceptions that may be approved
by the Local Finance Board or the Division of Pensions and Benefits.
4. This ordinance shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
5. Should any part or parts of this ordinance be held to be invalid by any competent court of law, such invalidity shall only affect the part or parts held to be invalid, and all other parts shall remain in effect.
6. A copy of this ordinance shall be filed with the Director of the Division of
Pensions & Benefits of the New Jersey Department of the Treasury.
7. This ordinance shall take effect upon its passage and publication as required by
law.
By Order of the Township Committee,
_______________________
C. Larry Tatsch, Mayor
Attest: ________________________
Teresa R. Stahl, RMC/CMC
Municipal Clerk
Introduced: July 17, 2008
Adopted:
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Treasurer Jane Luhrs, who was present for the budget hearing this evening, explained that the sample ordinance was provided for the state to determine who could qualify for the program. Future employees will be enrolled in the defined contribution program rather than the pension program, while current employees may remain in the pension program. The new program is similar to a 401K plan with the employee putting "X" into the program and the Township contributing a percentage. The Pension Official, who is Mrs. Luhrs, will determine the correct programs for employees going forth, particularly in gray areas. A question was raised about the percentage that the municipality may have to pay for the defined contribution program; Mrs. Luhrs believed it was about 3.5%, and the state will provide billing once a year.
Mr. Kneski asked if the Zoning Officer was an exempt position; Mrs. Stahl explained that the state gave certain categories of officials who did not qualify, and the Zoning Officer was not listed.
A motion to introduce Ordinance 08-11 was made by Ms. Lenox, seconded by Mr. Kneski, and it was carried unanimously.
The ordinance will be published in the July 24, 2008, issue of the Hunterdon County Democrat, and the public hearing will be held on August 14, 2008, at 7:30 p.m. at the regular Township Committee meeting.
Public Hearing on 2008
Budget Amendment:
Treasurer Jane Luhrs was present during this discussion.
1) Proof of Publication and
Public Hearing on 7-7-08 Amendment
For the benefit of the public it was explained that the budget introduced on April 10 was previously amended at the July 7th meeting. Proof of publication of the amendment from the July 10, 2008, Hunterdon County Democrat was provided by the Clerk. There will be a public hearing on this amendment, as required by law, although this amendment cannot be adopted because of financial calculation restraints imposed by the state. The budget will again be revised, published, and adopted at the July 31, 2008, meeting.
Mrs. Luhrs explained that East Amwell Township, as a municipality of under 5,000 residents lost its state CMPTRA aid of $167,169. Eventually the state returned $107,169 which allowed for a small 1.4% tax increase and funding reinstated into operations for escalating gas costs, $16,000 towards the cost of repair of the air condition, and further increases, including engineer and street line items. The state has now imposed a new property tax levy and if the $107,169 is put into operations, the amount increases over the property tax levy, which is not acceptable. The budget will be further amended tonight to take the funding outside the cap and put into the capital improvement fund and reduce the tax increase to a flat tax rate. This will also mean that the Township will not have to raise as much money in next year's capital improvement fund. Mrs. Luhrs reiterated that there are all new restrictions by the state.
Mr. Tatsch agreed that "it is a complex issue," and by putting the two-thirds refunded aid back into the operations budget, which would have been preferred, the funding will instead be placed into the capital budget and used for major road work, equipment, etc., and not for operating purchases. He concluded that there may be a need for emergency funding late in the year for some operating lines because the budget is very tight; he noted that this is an unfortunate situation, but the state regulations dictated this.
Motion by Mr. Kneski, seconded by Ms. Lenox, and it was carried unanimously to open to the public for comments on the July 7 amendment to the budget.
Frances Gavigan, 123 Wertsville Road, summarized what she understood was the problem, noting that the funding was taken out of operations and put into capital, and that the 1.4% tax rate from last year would be again applied this year. Specific line items were mentioned, and it was noted that operations would be more of a challenge this year. She appreciated the frustration and sensitivity of the governing body in addressing the budget issues, and she suggested that private partnerships might be an avenue to pursue in an attempt to be creative with the budget.
Motion by Mr. Martin, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.
No action was taken on the July 7, 2008, amendment since it is further being amended this evening to allocate the funding into the capital improvement fund rather than operations.
2) Status on Further Amendment
and Adoption of the 2008 Amended Budget
Mrs. Luhrs addressed the 7/17/08 amendment, and she provided additional handouts to the governing body showing new revenues of $108,569, changes in the appropriations, and a flat tax rate. The new amendment reduces operating budgets and the additional CMPTRA is put into the capital improvement fund to be used for capital expenses. Mrs. Luhrs commented that operating lines were reduced to original amount in most instances, although some lines remained increased, including the gasoline line item. She also added clean up day costs back into the budget since the municipality did receive Clean Communities funding for this. Buildings and Grounds were reduced from $20,000 to $15,000 even though the cost of the replacement air conditioner came from this line, i.e., $16,000. Mrs. Luhrs concluded that the budget will be tight this year.
A new amendment resolution was recommended for adoption.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
RESOLUTION
#124-08
A Resolution to Amend the 2008 Budget
(As
attached to this set of minutes)
By
Order of the Township Committee,
__________________________
C.
Larry Tatsch, Mayor
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Motion by Mr. Martin, seconded by Ms. Lenox, and it was carried unanimously by roll call vote to introduce the amendment: Mr. Martin, yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.
The resolution will be published in the July 24, 2008, issue of the Hunterdon County Democrat, and the public hearing will be held on July 31, 2008, at 7:30 p.m.
3) Amendment to the 2008 Open Space Trust Fund
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
An Amendment to the 2008 Open
Space Trust Hearing – July 17, 2008
Purpose: as designated by N.J.S.A. 12-15.7, the tax may be used for
acquisition of lands for recreation and conservation purposes, development of
lands acquired for recreation and conservation purposes, maintenance of lands
acquired for recreation and conservation purposes, acquisition of farmland for
farmland preservation purposes, historic preservation of historic properties,
structures, facilities, sites, areas or objects for historic preservation
purposes, payment of debt service on indebtedness issued or incurred by a
municipality for any of the purposes above.
During the budget process each year, a public hearing is held on the
allocation of funds raised by the open space tax.
The 2008 Open Space
Trust Fund will be used for the following:
$ 7,500.00 Development
of Lands for Recreation and Conservation:
Recreation
Fields $ 7,500.00
$ 47,000.00 Maintenance of Parks & Lands for
Recreation and Conservation:
Change Clawson Park Maintenance from $40,000.00 to
$36,000.00
Delete Bio-retention
Rain Garden Match $
2,000.00
Keep Soccer Field
Maintenance $
5,000.00
Add Clawson
Homestead Preservation Plan $
6,000.00
$260,500.00 Acquisition of Farmland
Down
Payments & Soft Costs $260,500.00
$315,000.00 TOTAL TRUST FUND APPROPRIATIONS
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Mrs. Stahl explained that there must be a public hearing on the Open Space Trust Fund and amendments to it. The spending plan for the fund was approved after public hearing at the April 10, 2008, meeting. The fund will need to be amended to change the allocation of $47,000 for the Maintenance of Parks, i.e., changing from $40,000 to $36,000; taking out $2,000 for a bio-retention pond at Clawson Park since the ANJEC grant for the project was not awarded; and adding a line for the Clawson Homestead Preservation Plan in the amount of $6,000.
A motion was made by Ms. Lenox, seconded by Mr. Kneski, and carried unanimously to open to the public for comments on the amendment. There being no comments, a motion was made by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
RESOLUTION
#125-08
BE IT RESOLVED by the
Township Committee of the Township of East Amwell that they hereby adopt the
amendment to the Open Space Trust Fund, as proposed on July 17, 2008.
By
Order of the Township Committee,
________________________
C. Larry Tatsch, Mayor
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
A motion was made by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously by roll call vote: Mr. Martin, yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.
SPECIAL DISCUSSIONS - none
SPECIAL COMMITTEE REPORTS - none
STANDING COMMITTEE REPORTS
FARMLAND/OPEN SPACE PRESERVATION COMMITTEE Chairwoman Glorianne Robbi and Vice Chairman Richard Ginman were present.
1) Cost Share Resolution for Stahl (B.5/L.1.06 & 2) and Zuegner (B.17/L.34): Mrs. Robbi provided a 7/14 Inter-Office Advisory Memo regarding the County's request for a commitment from the municipality to cost-share on these applications. She explained that Hunterdon County ranked two of four East Amwell Township's 2009 applications in first and fifth positions. Hunterdon County will receive $2,000,000 from the State Agriculture Development Committee (SADC) for P.I.G. programs. There is a potential for $3,000,000 if the County gets their farms into the state program quickly. The County has an anticipated figure per acre of $11,000 as an estimate. Two appraisals of the properties must be done, and the property owners have an option to continue after the appraisals.
Mrs. Robbi spoke about the Stahl property, which is 148 acres with a request for a non-severable exception of 11 acres around the existing buildings. The property consists of two lots and is high on the County list; it balances out preservation east and west of its location as a critical mass. The 20% of the Township's share would be approximately $281,000 as an estimate cost. The second property, the Zuegner property, is 82.5 acres off of Dutch Lane and also abuts preserved land. The County Agriculture Development Board (CADB) uses a ranking system, which includes soil types, proximity to other preserved land, frontage, and developability. The County will be sending 13 farms to the state for consideration, and the municipality must commit to a twenty percent (20%) cost share. It was again noted that "this is not a done deal" since appraisals must be completed and options considered.
Mr. Tatsch commented favorably on attempting to preserve the Stahl property, which has been a consideration for many years. He also commented on the Zuegner property, noting that he was "very pleased with F/OSPC's selection of farms in accord with what the County feels is appropriate ranking."
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
RESOLUTION
#126-08
COST SHARING FOR APPLICANTS
IN THE 2009 FUNDING ROUND
OF THE COUNTY PLANNING INCENTIVE GRANT
FARMLAND PRESERVATION
PROGRAM
WHEREAS, the Hunterdon County Agriculture Development board has received application for the 2009 funding round for the County Planning Incentive Grant Farmland Preservation Program from township landowners; and
WHEREAS, applications will be evaluated by the Hunterdon County Agriculture Development Board, and the Board will select as many applications as the County’s budget will permit; and
WHEREAS, if an application from the Township of East Amwell is among those selected, there must be a commitment of cost-sharing for the preservation of the land;
NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of East Amwell is willing to cost-share on the following applications in the Township of East Amwell that are among those selected by the Hunterdon County Agriculture Development board as eligible for participation in the 2009 funding round of the County Planning Incentive Grant Farmland Preservation Program:
Stahl, Block 5/Lots 1.06 & 2 (148 acres with one non-severable
exception of 11 acres)
Zuegner, Block 17/Lot 34 (82.5 acres with one non-severable exception
of 5 acres)
By Order of the Township Committee,
___________________________
C. Larry Tatsch, Mayor
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Motion by Mr. Martin, seconded by Mrs. Cregar, and it was carried unanimously to adopt the resolution.
Mrs. Robbi will pick up the resolution to hand-deliver it to Hunterdon County tomorrow morning.
ENVIRONMENTAL COMMISSION
1) Request for Volunteers at 4H Fair: The 7/13 request from the Environmental Commission was reviewed. The Commission is looking for volunteers to cover a booth at the Annual 4H Fair to be held from August 20 - 24, 2008, at South County Fairgrounds.
CLAWSON PARK ADVISORY COMMITTEE
1) Trees from Rutgers Nursery: Mrs. Cregar reported that she contacted Rutgers Nursery about the dead trees at the Park. The Nursery pruned all the trees they planted, and they will be replacing the lost trees in September.
SPECIAL DISCUSSION
DISCUSSION WITH COMCAST REPRESENTATIVES REGARDING SERVICE IN EAST AMWELL TOWNSHIP Present during this discussion were the following Comcast representatives: Robert Clifton, Frank Schaffer and Bill Shelley. Cable Advisory Committee members Richard Spiegel and John Seramba were also present.
Mayor Tatsch explained that he requested that Comcast appear this evening because there have been a number of calls from residents voicing their concerns. There was also a recent letter to the Hunterdon County Democrat about poor service. He also had a brief log of problems with the internet, telephone and television. Since the problems are rather new and not a concern when Patriot Media was the cable provider, he wanted to have Comcast representatives address the issues at this meeting. He stated that the public would be able to comment before the issues were discussed.
Andrea Bonette, 17 Ridge Road, stated that she is experiencing "catastrophic" problems with Comcast service, including days without email and difficulties with opening and finding attachments. She has had numerous chats on line with analysts who promise assistance, but to no avail. She stated that "…she is ready to find another provider."
Leslie Culver, 23 South Hill Road, stated that she is the person who wrote the Letter to the Editor to the Hunterdon County Democrat. She further commented on having no other recourse, noting that Comcast has advised that the problems are from the ethernet, from the router, etc., but not taking care of the problems. She has had on-line chats and has set up appointments for service without resolution to the problems. She stated that it is a challenge, especially in light of the fact that she works out of her house, and this is causing her difficulty.
Motion by Ms. Lenox, seconded by Mr. Kneski, and it was carried to close to the public.
Mr. Martin outlined his particular dilemma of services issues with Comcast, e.g., beginning on June 3, he was unable to get basic or next level extended television service; he contacted customer service and billing, and he had difficulties in getting representatives to understand; additionally he was then double billed for services. He also commented on customer service lines being cut-off and on-line chats with representatives who could not solve his problem.
Mr. Tatsch made a log of his complaints with specific dates and issues, referencing lost telephone and internet service for a three hour stretch, broken signals on television for two hours, and poor signals on another day, numerous resets of the modem, etc.
Mr. Tatsch and Mr. Martin commented on difficulties for people who depend on internet service for their home businesses.
Mr. Spiegel commented on complaints he has heard about the length of time to reach customer service, and he asked Mrs. Stahl to comment on her own experience (outside of East Amwell Township). She stated that there was one instance where she was on hold 30 minutes, disconnected and had to wait an additional 15 minutes for a technician. Mr. Martin and Mr. Tatsch also spoke about holding in queue for a lengthy period of time; Mr. Martin concluded that he would not mind waiting if the problems were resolved when the technician finally answered.
Mr. Schaffer explained that modem and EMTA phone device systems are being converted from Patriot Media to Comcast, and billing changes are being made. There are numerous product enhancements, more HDTV programs, and video on demand services being offered. Comcast is using a lot of outside resources, including using outside technicians to cover calls. Comcast is working as quickly as possible to improve its products and service.
Mr. Shelley, who transitioned from Patriot Media to Comcast, explained that there are 65 customer service representatives handling the Somerset office, where East Amwell receives its service. During the transition from Patriot Media to Comcast, with the anticipation of events including new billing systems, new network line ups, new email addresses, etc., third party customer service representatives were hired. Currently the local representatives are going through an 8- week training period. Call volumes have increased with the transition, and third party call centers are being utilized. Mr. Shelley commented on "working to get back where they were" with customer service and eliminating issues. His staff is about 90% completely retrained, and by the middle of August, his staff will be completely trained and dedicated to handling the higher percentage of calls, rather than rerouting to the third party call centers; he believes the local staff will do a better job and reduce the length of wait time for response. He concluded that they were working hard at trying to reduce issues.
Mr. Clifton asked that the governing body let Comcast know who has issues, including complainant's addresses, and Comcast would try to expedite services. He was aware of conversion issues to work through on any transition, relying on his own experience in a transition in another company seven years ago. He stated that Comcast is trying hard to resolve issues; there is significant staff training, and there is confusion with the third party call centers. Mr. Clifton noted that Mr. Spiegel has his cell number, and Mrs. Stahl has his email contact information.
Mr. Tatsch commented on information he found on the internet, including the fact that Comcast has the lowest customer rating in the nation, according to consumer reports and a newspaper survey. He mentioned dozens of blogs of complaints, noting that no other cable company had that level of complaints on sites he visited. Mr. Tatsch commented on moving forth on a renewal contract, and he asked what commitment Comcast would give to providing good customer service to the residents.
Mr. Clifton spoke about a new call center in South Brunswick with 1,500 technicians and representatives. He spoke about training on upgrades for technicians and customer service representatives, which is a priority of the company. He also noted that there is a 500 seat call center in Voorhees in addition to the South Brunswick location. Mr. Schaffer added that there is a service center in Port Murray which provides same day or next day services as an added resource.
Mr. Tatsch commented on a recent mailing by Comcast, which included two inserts about reducing service issues and replacing local poor service. He stated that the Township has heard the explanation this evening, and he invited the Township Committee to further comment on the presentation tonight.
Mr. Martin said that he would like not just quick, but knowledgeable, customer support. He suggested preparing an organizational structure and providing clear communication. He commented that he uses Comcast for his entertainment only and can accept occasional problems, but he should not be charged for down service. Mr. Kneski agreed that Comcast should look at particular service areas when they are without service and adjust the billing accordingly. Ms. Lenox stated that she has Direct TV, not cable. Mrs. Cregar stated that she has Comcast, and she is delighted with the service.
The meeting was open to the public once again.
Andrea Bonette, 17 Ridge Road, stated that there were no problems when RCN transitioned to Patriot Media. She commented on her on-line chats with a customer care representative, with no success. Mr. Clifton suggested that she call the Township Committee, who will in turn call him with the problems.
John Seramba, 111 John Ringo Road, commented on losing specific channels or having channel changes without notification.
Leslie Culver, 23 South Hill Road, commented on call center responses from as far as Port St. Lucy. She also commented on the phone maze, hoping that problems will be resolved in a few months. Ms. Culver uses her internet for her work, and she has to follow a process of authorization each time the service disconnects, which is quite a concern to her.
Andrea Bonette, 17 Ridge Road, suggested that Comcast be given a probationary contract for a year or two rather than setting up a ten or fifteen year contract now.
Frances Gavigan, 123 Wertsville Road, said that she is familiar with Comcast for the past 13 years, and service is not getting better. She stated that the company is a monopoly, not a competitive business. She further commented on various items, including the fact that the Federal Communications Commission (FCC) tracks complaints about cable companies and provides annual reports. She commented on asking to speak to supervisors, if dissatisfied. Ms. Gavigan suggested writing a letter to the Bureau of Public Utilities (BPU) to stop the monopoly and try to make cable more competitive. She spoke about paying "lipservice" and making promises, but she felt that nothing will change until people get angry enough and until there was a process for change.
Rich Hunt, 120 Stony Brook Road, asked if the Township would be discussing the contract for Comcast in executive session at this time. Mr. Tatsch commented on Comcast being the "only game in town," noting that Mr. Spiegel has been working for two years in contract negotiations and reviewing terms and conditions. A new ordinance was provided two days ago; however, the Township Committee is not in a position to review it this evening. The executive session to discuss contracts will not take place tonight.
Mr. Tatsch suggested further negotiations, and he asked Mr. Spiegel and his committee to discuss customer service with Comcast representatives. He would like to add some stipulations to improve customer service and perhaps ask Comcast to come to Township Committee meetings quarterly or every other month to discuss specific incidents about service. Mr. Tatsch will also keep the residents informed in a VIP article, asking them to let the Township know if they have any problems to relay to Comcast. Another avenue to suggest to residents is to contact the FCC or the BPU's Office of Cable Service if they have problems.
Mr. Shelley offered his direct phone number for any complaints: 732-652-2750.
Mr. Spiegel wanted to make it clear to the public that the Township does not have a choice in providers, i.e., the public should know that Comcast owns the cable infrastructure in place in the municipality. He further spoke about BPU and FCC rules on cable, including the discount allowed for seniors, which he fought hard to change. He suggested that the municipality go to the legislators and the lobbyists to change laws in Trenton.
Mr. Martin asked when Comcast expected that operations would run smoothly with the new company changes; Mr. Shelley said that by October 1, he would expect that the third party call centers would be gone and email issues will be resolved.
The Township Committee and the Comcast representatives exchanged formalities.
DISCUSSION WITH REPRESENTATIVES FROM VERIZON ON FiOS SERVICE AVAILABILITY IN EAST AMWELL TOWNSHIP Present during this discussion were Verizon Representatives Gwen Cogan, Deana Maietta, and Anna Lustenberg (who arrived during the executive session).
As background information, Mayor Tatsch mentioned that he has received calls from residents about the availability of FiOS service. This is a three prong service of high speed internet, telephone, and television. He stated that fiber optics wire is on poles and drops to all houses in the Verizon area. While the internet and telephone service is available, the television service is not, although it continues to be marketed door to door. Mr. Tatsch noted that a number of property owners who have long driveways would prefer to have FiOS television rather than pay thousands of dollars to have cable run to their homes. The representatives from Verizon have asked to discuss proprietary issues in executive session; however, the public will be invited to listen to some details in open session thereafter.
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RESOLUTION
# 127-08
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 proprietary issues; 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 Mrs. Cregar, seconded by Mr. Kneski, and it was carried unanimously.
An executive session began at
8:59 p.m.
The regular meeting reconvened at 9:23 p.m.
Mr. Tatsch explained that Verizon representatives would be willing to provide some information in open session, but he asked the public to comment at this time.
Andy Culver, 23 South Hill Road, commented on seeing a lot of Verizon trucks in the area, including on the Meszaros property; he asked when service would be ready to go.
Ms. Cogan explained that when the state wide franchise was approved, the intent was to have Mercer County and North serve by the New York DMA. This is not the case, since the Mercer area must have Philadelphia and New York service. East Amwell Township and other communities are served by three wire centers, i.e., Lambertville, Hopewell, and Neshanic. Consequently, there are additional expenses in creating the Philadelphia/New York hybrid, and now Verizon has three times the expense of completing these three wire centers. Ms. Cogan advised the public that television service would not be available in 2008 nor in the early part of 2009. However, if the company gets more capital from town by town franchise areas, such as Massachusetts or Rhode Island, the service areas may be available in mid-2009, but there was no guarantee.
Comments were made about marketing FiOS to the public through mailings through exchange areas or by zip code; this is problematic because the service may not be available to residents in some portion of the exchange or zip code area.
Doug Paternoster, Welisewitz Road, commented on Comcast's heavy promotion of a full digital package, including phone, for $99 per month, and he felt that some customers may "jump" at this opportunity rather than wait for Verizon FiOS.
Ms. Cogan commented on Verizon's inability to provide information on when the system will be ready to be established because of competitor's reaction in the past to lock customers into longer contracts.
Dick Ginman, Mountain Road, commented on New York and Philadelphia channels, asking for an ala carte type line up of programs. It was noted that technology does not exist for this type of selection. Ms. Cogan explained that some channels, such as A&E, the History Channel, and Discovery Channel developed over time as "niche" programs. She noted that having these channels available promoted their growth although not chosen "ala carte."
Ms. Cogan explained that East Amwell is in the New York DMA, Mercer will have the hybrid area of Philadelphia and New York, and Mercer Border and South will have the Philadelphia area. When the statewide franchise was approved, the FCC regulations of having the hybrid were not known. Ms. Lustenberg added that the channels tie into the Nielsen ratings.
John Seramba, 111 John Ringo Road, commented on being in the 908/Embarq area code and asked about the potential for FiOS availability. Ms. Cogan stated that the FiOS configuration is only in the Verizon territory, and there is no consideration of building outside that area, but she would "never say never."
Frances Gavigan, 123 Wertsville Road, lives on a road with 908 area code on one side of the road and 609 area code on the other. She spoke about franchises and availability of FiOS in these instances. Some discussion took place, with Ms. Cogan noting that Verizon acknowledges loss of about 30,000 land lines per month. Ms. Cogan will get information for Ms. Gavigan on her question about availability of services. Ms. Gavigan spoke about "squeaky wheels getting oil" and suggested making numbers known about customers concerns; she also suggested setting up blogs for complaints.
Mr. Tatsch commented on long time efforts by resident Sue Posselt in trying to establish one phone company in East Amwell Township, which was not possible.
Richard Hunt, 120 Stony Brook Road, was told by a Verizon customer service representative that the reason the television service was not available was a political reason. Ms. Cogan reiterated that the reason is the increased infrastructure needed to provide Mercer County with the hybrid package. The information Mr. Hunt received may be from a Verizon representative in another state who may be thinking that New Jersey is a town-to-town franchise (and towns decide whether or not to allow the system), not the system-wide state of New Jersey.
Mr. Tatsch thanked the Verizon representatives for the presentation, and he noted that they will be preparing a statement for our residents' information. He explained to the public that the presentation by Verizon in open session was most of what was revealed in executive session, except for specific details. All were in agreement that the presentation was beneficial in helping the community better understand the delays.
UNFINISHED BUSINESS
TOWNSHIP ADMINISTRATOR'S UPDATE
1) Police Services: Mr. Matheny has been in phone contact with Hillsborough Township, Hopewell Township, Delaware Township, and Raritan Township for preliminary investigation. He has followed up with letters. While nothing official from the state has been received, the amount of $150,000 for year for payment for State Police coverage has been mentioned.
Mr. Matheny had Deputy Clerk Fritsch prepare a spread sheet of the NJ State Police Monthly Reports. In a nine month period, there were 397 calls for service. Ms. Lenox also did a study of the reports, carving out the Route 202/31 incidents, and she stated that the total of calls was actually 360. Further comments were made about the breakdown of figures, including 95 medical calls, 105 accidents, 6 DUIs, etc. Mr. Matheny explained that the criminal and uniform crime reports are sent to the FBI for a breakdown by community; the State Police submit these reports to their Headquarters for compilation. Mr. Matheny stated that Hunterdon County still has a low crime index, providing statistical data in comparison from larger municipalities.
Discussion took place about the East Amwell geography of 28 square miles in response to call time. A question was raised about separating the Township into two districts; Mr. Matheny cautioned about defined areas of coverage, i.e., there is a possibility that services might be dropped where boundary lines merge.
Mr. Matheny concluded that he will keep the governing body up to date on responses to his letters. All agreed that having the State Police Monthly reports is effective.
2) Ringoes Road Status: Mr. Matheny referenced his email from the State on road maintenance conditions in the Village of Ringoes. There was some confusion about whose responsibility it was to maintain the section of road between the Route 202 overpass to Ringoes, and the State faxed a copy of Hunterdon County's agreement to do so. Mr. Matheny forwarded a copy to the County for their records. The State, however, will paint the lines.
3) Building Renovations: The bids are available for the project, and they will be open on July 23, 2008, at 10 a.m. The tentative plan is to move the staff to the basement area during renovations, and they have been advised.
4) Google Apps: (See June 26, 2008 minutes for background) Two quotes were received from Nikomp at $1,000 and from Alpine Computers in the amount of $2650; all were in agreement that the work should be done by Nikomp. Action is proceeding on the conversion to Google Apps.
RESOLUTION TO ENTER EXECUTIVE SESSION TO DISCUSS LITIGATION AND TO RECEIVE ADVISE FROM THE ATTORNEY
Ms. Kopen asked to give an update on The Ridge at Back Brook Tax Appeal.
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RESOLUTION
#128
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 litigation 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 Mr. Martin, seconded by Mr. Kneski, and it was carried unanimously to approve the resolution.
The Township Committee entered executive session at 9:55 p.m.
The regular meeting resumed at 10:10 p.m.
Attorney Kopen left the meeting at this time.
RESOLUTION TO MEMORIALIZE PARTICIPATION IN THE HUNTERDON COUNTY WASTEWATER MANAGEMENT PLAN (See June 26, 2008, Minutes for Background.)
Mrs. Stahl reminded the governing body that they committed the Township's participation at the June meeting, based on Engineer and Planner recommendations. However, a formal resolution was required by the County.
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RESOLUTION
#129-08
RESOLUTION TO PARTICIPATE IN THE COUNTY
WASTEWATER MANAGEMENT PLAN
BE IT RESOLVED by the Township Committee of the Township of East Amwell, based on recommendations from the Township Engineer and the Township Planner, that they hereby support the role of Hunterdon County as the County Wastewater Management Planning Agency, as outlined in the March 24, 2008, letter from the Hunterdon County Freeholders; and
BE IT FURTHER RESOLVED that the Township Committee recognizes that the Township of East Amwell will be responsible for preparing its own Plan, which will serve as one chapter in the final County Plan, and there may be a commitment of local funds and/or professional support throughout the process, with the potential of budgeting for expenses over a two year period.
By Order of the Township Committee,
____________________________
C. Larry Tatsch, Mayor
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Motion by Mr. Martin, seconded by Ms. Lenox, and it was carried unanimously to approve the resolution.
STATE POLICE UPDATE
1) NJN News Conference & Inquiry About A Council on Unfunded Mandates Appeal: Mr. Tatsch commented on the factual report on NJN News, in which he participated. He spoke about an initiative by three towns in South Jersey in appealing to the New Jersey Council on Unfunded Mandates, who has the authority to overturn laws if passed if they show that the new law requires funding and municipalities have no means to do so. The League of Municipalities has picked up on this appeal, and it was unclear whether or not the League would also file.
Mrs. Stahl stated that she contacted one of the municipalities, who provided their resolution, which is a requirement along with the appeal itself. She asked for a copy of their appeal, and the Clerk of the Town was requesting it from their attorney, who filed the appeal.