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 Richard Cushing were also in attendance.
In compliance with the Open Public Meetings Act, Municipal Clerk Teresa R. Stahl announced that this is a regularly scheduled meeting, pursuant to the resolution adopted on January 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 January 8, 2008.
The meeting opened with the Pledge of Allegiance to the American Flag.
AGENDA REVIEW
The following items of correspondence were added: Comcast 1/9 notice of line up changes; 1/6/08 Times-Herald-Record article on Sustainable Living: Consider Safer Alternatives to Road Salt; 1/7 Recycling Report on Electronic Clean Up Day; 1/10 draft list of 2008 Township Committee Liaisons for Discussion at the 1/24/08 Meeting
ANNOUNCEMENTS
A. Dates of 2008 Reorganization Meetings for Boards and Committees are posted on the
Bulletin Board and available from the Township Clerk
B. Christmas trees may be brought to the Township grit yard throughout the month of January.
Please remove all trim from trees.
C. Municipal Offices will be closed on January 21, 2008, in observance of Martin Luther King
Jr.'s Birthday.
D. There will be a free rabies clinic held on January 26, 2008, from 1 - 4 p.m. at the municipal
garage. Licenses, which are due in January, are available at that time. Call Pam Dymek
at 908:782-8536 x10 for details.
APPROVAL OF MINUTES
During the review of minutes, Mr. Kneski stated that as a point of order, he would not be voting on the December 2007 minutes since he was not a Township Committee member at that time. Mr. Martin will also abstain.
DECEMBER 20, 2007, SPECIAL MINUTES (Interviews) were approved on a motion by Ms. Lenox, seconded by Mrs. Cregar, and carried with two abstentions, Mr. Kneski and Mr. Martin.
DECEMBER 20, 2007, SPECIAL MINUTES (Public Hearing on the Comcast Cable Franchise) were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried with two abstentions, Mr. Kneski and Mr. Martin, with a correction suggested from former Township Committee member Kathy Machnik on page 1, paragraph 6, line two, clarify from the tape which "Committee," i.e., Township or Cable.
DECEMBER 27, 2007, SPECIAL MINUTES (Interviews) were approved on a motion by Ms. Lenox, seconded by Mrs. Cregar, and carried with two abstentions, Mr. Kneski and Mr. Martin.
DECEMBER 27, 2007, REGULAR MINUTES were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried with two abstentions, Mr. Kneski and Mr. Martin, with the following corrections, some of which were suggested by Ms. Machnik: on page 3, paragraph 3, line 6, change "trail" to "trailer"; on page 1, paragraph 7, line 4, change "including a flow diagram" to "including process flow diagrams"; same paragraph, line 5, add, "As a member of the Stormwater Management Committee" before "Ms. Machnik was very…."; typo on page 7, 3rd paragraph, line 1; and on line 9, add the word "addressed" after "wish to see"; on page 11, Ms. Machnik wished the minutes to reflect "a noticeable increase in employee morale through Mr. Matheny's efforts."
DECEMBER 27, 2007, EXECUTIVE MINUTES (Contracts) were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried with two abstentions, Mr. Kneski and Mr. Martin.
JANUARY 1, 2008,
REORGANIZATION MINUTES were approved on a motion by Ms. Lenox, seconded by
Mr. Kneski, and carried unanimously with one correction on page 23, under her quote, change “millions”
to “billions.”
Mr. Tatsch commended Mrs. Stahl and Mrs. Fritsch for the number of sets
and the "outstanding job" on their 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.
Richard Spiegel, 1 Mountain Road, welcomed the newly elected Township Committee members, stating that they were serving based on the vote of the majority of all East Amwell residents who came to the polls on election day. He asked the Township Committee members to make decisions for the welfare of all of the people without influence by special interest groups or non-profits. Mr. Spiegel asked them to vote their conscience and heart and make the best decisions, and he congratulated the new Township Committee members.
Mr. Spiegel asked Mr. Cushing about township bills.
Mr. Spiegel asked about the Salary and Wage Ordinance and what percent of increase the Township Administrator would be receiving; the answer was 4%, which is within the range in the ordinance.
Mr. Spiegel asked about the salary and wage of the Board of Health Administrative Officer with respect to the title and salary range proposed in the 2008 Salary and Wage Ordinance, and he provided his recollections of the December 15, 2007, meeting about the same. He asked about salary increases without a Board of Health ordinance and or resolution, and he asked Mr. Cushing for his comments. Comments were exchanged between the Mayor, the Attorney, and Mr. Spiegel, with the following highlights: there was a consensus of opinion at the December 15, 2007, meeting that the Salary & Wage ordinance, as introduced by the Township Committee at Reorganization, to the set salary as presented; Mr. Cushing agreed that the salary ordinance is set in range and a resolution names the employees with their set salary, and he spoke about ordinance notice procedures; salary and wage is a Township Committee ordinance, not a Board of Health ordinance; Mr. Tatsch clarified that at the December 15, 2007, meeting, then Chairperson Tracy Carluccio agreed to obtain an opinion from the Board of Health attorney on the Board's ability to change the name from secretary to administrative officer - the Board of Health has not yet met since the December 15, 2007 Township Committee meeting to address this issue; Mr. Spiegel commented on the discussion at the December 15, 2007, meeting tying the increase into the differences in responsibilities of a secretary vs. an administrative officer - he stated that he would be coming in to listen to the tape of the meeting; comments were made about scale changes in the salary and wage ordinance for this position, among other items. Mr. Tatsch concluded that the Board of Health believes that the secretary is doing administrative work at a higher level of work, and they believed that the administrative title and salary increase was appropriate.
Trish Buckwalter, 125 Back Brook Road, mentioned a newspaper article about East Amwell Township receiving money for work on Back Brook Road. She commented on the neighbors not wishing to have improvements done on the road, which attracts hikers, bikers, riders, etc.; a fixed and "faster" road for traffic should not be encouraged.
Mr. Tatsch explained that the municipality received a grant to repave the road, and he commented that two horses already fell on the "smooth" road. He was well aware of residents' concerns about speed issues, and he mentioned the municipality's intent to purchase a speed detection trailer to try to control speed at various locations. He spoke about collecting data to encourage more enforcement also. He provided anecdotal information about speeding on Lindbergh Road.
Richard Carmen, 48 Dutch Lane, spoke about Dave's Sunoco on the main street in Ringoes. In condensed form, Mr. Carmen raised these concerns: he has had difficulties dealing with the current Zoning Officer; Mr. Carmen presented his concerns to the Township Committee in November at which time they agreed to look into the matter; an auction advertised in November at the site never took place, and Mr. Carmen asked what became of cars and titles; Mr. Carmen asked about the pre-existing, non-conforming designation and specific dates for the operation which was formerly a gas station and now expanded to includes repairs, sales, storage of unlicensed vehicles, and towing at the station and on adjacent properties, including the street; he asked about specific licenses for the operation, i.e., junkyard, DEP, stormwater permits, etc.; he asked about enforcement and asked about who is checking on where oil from automobiles may be going; he spoke about selective zoning and not addressing the issue in the town, which is bothersome to many neighbors who will not come forth; Mr. Carmen asked for an open meeting with the Township Committee, the Environmental Commission, the Board of Health, the attorney, the Department of Motor Vehicles, the NJ DEP, and others.
Mr. Tatsch advised Mr. Carmen that there is a hotline for the NJ DEP for complaints. Mr. Carmen spoke about the Zoning Officer's responsibilities. Mr. Carmen stated that he will again appear before the Township Committee until the matter is addressed. Mr. Tatsch stated again that Mr. Carmen may register his complaints with the NJ DEP through the hotline, and he also stated that the Township Committee will continue to review the situation.
Motion by Mr. Martin, seconded by Ms. Lenox, and it was carried unanimously to close to the public.
INTRODUCTION OF ORDINANCES/PUBLIC HEARINGS - None
SPECIAL DISCUSSION
CABLE FRANCHISE DISCUSSION ON RENEWAL AND CONSENT ORDINANCE Mrs. Stahl reminded the governing body that a decision on the renewal must be made within 150 days of filing of the application by Comcast, which was on 9/30/07. She also referenced the December 20, 2007, public hearing minutes; discussions about deadline extensions were included. Mr. Spiegel asked the Clerk to contact Robert Clifton at Comcast today about material he had promised at the December 20 meeting; a response is expected.
Mr. Cushing said that he had previously provided Mr. Spiegel with a form of ordinance, which should be drafted once the Township has worked out its issues. Mr. Spiegel, from the audience, stated that the extension is offered through the Board of Public Utilities, and he is waiting for information from Mr. Clifton. Mr. Cushing said that an extension should be provided in writing to the municipality. Mr. Spiegel was asked if there was any way the Township Committee could assist him; he said no. A suggestion was made to have the Clerk write a letter to Mr. Clifton asking for an agreement in writing that an extension could be granted. Mr. Spiegel stated that the Clerk sent an email today to Mr. Clifton asking for information he was asked to provide at the last meeting.
DISCUSSION ON AN ORDINANCE TO REQUIRE DISCLOSURE IN A REAL ESTATE CONTRACT OF POTENTIAL ZONING ISSUES AFFECTING REAL PROPERTY LOCATED IN THE SOURLAND MOUNTAIN DISTRICT
Michael Weis, 125 Linvale Road, and a member of the Planning Board, was present for this discussion.
Mr. Weis provided history on the concept of the ordinance and realtor letter, with the following highlights: the Planning Board has been discussing the fact that there are no mechanics for perspective buyers to find out about zoning ordinances unless they research them; there have been instances when owners have been denied permits after purchase, and it would be beneficial for homeowners to understand specific zoning requirements prior to purchase.
The Planning Board's approach is two prong, i.e., 1) a letter to realtors informing them of the unique nature of the Township and restrictions, especially in the Sourland Mountain area where forest maintenance and water conservation are factors. The Mayor may be asked to sign this letter, which is still in draft form, with more input being sought from Planner Banisch to add specificity. 2) A proposed ordinance will be part of disclosure at contract signing. The ordinance will solidify knowledge of the unique zoning requirements and be appropriate for homes being sold by owners also. The ordinance was proposed by the Planning Board Attorney. Mr. Martin asked if the ordinance and letter are specifically for the Sourland Mountain area; Mr. Weis said that the material could include other zones, but the Sourlands are "different" than other areas in the municipality.
Mr. Tatsch stated that there have been cases where, through ignorance, new property owners have cleared substantial forested areas, and this is critical, i.e., once the mature trees are gone, they cannot be replaced.
Mr. Martin asked Mr. Weis if other municipalities in the Sourland Mountain area were consulted about East Amwell's proposal in case they wanted to share the concept or if they have any similar restrictions. Mr. Weis thought that this was a good idea. Mr. Tatsch mentioned Hillsborough and Hopewell Townships, who may be interested.
Mr. Kneski liked the idea, especially for newcomers. He suggested a notice to identify specific elements of tree clearing, and he suggested putting the notice on the website also. Mr. Weis noted that there was a one-page sheet on this topic, which would be included with the letter
Mr. Cushing offered his concerns about the ordinance, which has only been vetted by the Planning Board and their attorney, Chris Norman. Mr. Cushing and Mr. Norman have spoken, and they will discuss these concerns, including whether the Township has the authority to regulate what parties must put into a contract. He spoke about practical problems, e.g., would an attorney in Bloomfield, who didn't practice in the East Amwell area, be aware of this provision in our ordinance. There was also the question of this ordinance not being incorporated in the land management ordinance since it is not a land management issue; how would attorneys know about the additional requirements. Mr. Cushing also raised the concern that if the requirement was not put into the contract, i.e., if a lawsuit ensued, what were the consequences for the municipality, and would there be penalty and violation provisions put in place.
Mr. Cushing said he liked the letter to the realtors, but he was concerned with ordinance enforcement. Mr. Weis stated that all of these items were previously discussed with Attorney Norman. While the intent was to have the letter and ordinance put into place at the same time, Mr. Weis felt that the letter could go forth without the ordinance until specific legal details were perfected.
Mr. Cushing asked whether the Township had a Continuing Certificate of Occupancy (CCO); there is none. Mr. Tatsch explained that the residents strongly urged against a CCO in the past, and the governing body will honor their wishes.
Mr. Tatsch recommended that Mr. Cushing and Mr. Norman continue to talk about the issues about the ordinance. He also stated that he and Mr. Weis would revise the letter for the Township Committee's review and approval in a month or so. Mr. Weis also asked if other ideas could be provided, e.g., how to address homeowner-direct sales.
Sherrie Binder, Realtor and Board of Adjustment Member, step forward to state her strong support for the letter and ordinance. She suggested that the letter could be tied into the mandatory smoke detector and carbon monoxide detection applications provided by the Township. She believed that having the ordinance as part of the contract or settlement was a good idea so that future residents were aware of their responsibilities.
SPECIAL COMMITTEE REPORTS - None
STANDING COMMITTEE REPORTS
FARMLAND/OPEN SPACE PRESERVATION COMMITTEE:
1) Higgins Property & New Jersey Conservation Foundation (NJCF): Lisa McCollum and Greg Romano from NJCF were present along with F/OSPC Administrator Judy Conard and members Glorianne Robbi and Dick Ginman.
Mrs. Conard stated that she would recommend listening to the representatives from NJCF, who will provide more detail than provided in her January 2, 2008, memo. Mr. Romano identified the property on North Hill Road on a large map for the public, and small copies of the map were presented to the governing body.
Ms. McCollum provided the following highlights: the Higgins property consists of 692 acres (420 in East Amwell Township, Hunterdon County, and 272 in Hillsborough Township, Somerset County); the intent is to make a fee simple acquisition with funding from multiple sources; NJCF has approached Hunterdon County for support; Somerset County has already expressed interest in funding for the property in their county; NJCF has approval for a $500,000 grant from Duke Foundation; NJCF will put in their Green Acre funding if there is another round available; the State Agriculture Development Committee (SADC) may provide a grant of $1,000,000, i.e., since the property is a mix of open space and farmland, both Green Acres and SADC funding can be used.
Ms. McCollum continued: appraisals will be ordered for both the East Amwell Township portion and the Hillsborough Township portion, and Mr. Higgins will be ordering his own appraisals; Mr. Higgins will also hire an engineering consultant to provide a preliminary plan for him to determine the type of appraisal (i.e., based on development options); Mr. Higgins would like to structure the acquisition over a 2 - 4 year period; values cannot be discussed here in open session since negotiations are still taking place.
Mr. Tatsch asked what type of development could take place if the preservation plan failed. Mr. Romano stated that Mr. Higgins' engineer could provide two possible plans, i.e., zoning for maximum units or using the lower density/higher premium, providing up to 28 lots. This information is only speculative since engineering concepts are not yet available.
Mr. Tatsch explained that the property straddles the mountain and valley, and the maximum development could be up to 55 lots, subject to soil testing and water availability. Mr. Tatsch also commented on new Council on Affordable Housing (COAH) regulations, which require one unit for every four units built, i.e., this could be from 10 - 15 units if developed to the maximum.
Glorianne Robbi, 158 Lambertville-Hopewell Turnpike and 2007 Chair of F/OSPC, stated that Ms. McCollum and Mr. Romano made their presentation to F/OSPC and discussed potential success with farmland and recreation.
Mr. Romano said that discussions are still taking place with Hunterdon County and Somerset County on who would be lead agency. If it is determined that NJCF is the lead, they will develop a management plan. Mr. Romano commented on NJCF having 20,000 acres in fee simple acquisitions in New Jersey, and they are familiar with management responsibilities. He further stated that all funding partners would be involved in the management plan development, and he commented on the potential to have local farmers lease the farmland and also provide passive recreational uses for equine trails and hiking trails. He spoke about a recent management plan being put into place in the Pine Barrens, which utilizes equestrian trails. Mr. Romano concluded that agriculture, passive recreation, and natural resource protection would all be part of the plan.
Eric Batterman, 423 Wertsville Road, asked about a piece of property owned by Mr. Thompson between the East Amwell and Hillsborough properties. Mr. Romano stated Mr. Thompson was contacted. Mr. Batterman also asked about the possibility of hunting. Mr. Romano was unsure, but he noted that the Conservancy does hunt some NJCF land for management, not specifically for recreation. This may or may not be an option.
Fred Gardner, 46 North Hill Road, said that economics is not part of the equation, but he felt that it would be worth drawing an analogy to this and what the Township pays for preservation with the development rights removed, which was approximately $3,500 per acre. Mr. Gardner stated that based on the 420 acres in East Amwell, he did not think it was unreasonable to have the Township Committee contribute $1,000,000 for the fee simple acquisition.
Trish Buckwalter, 125 Back Brook Road, asked what the public could do to assist in the acquisition of the property. She mentioned seeing fund raisers in other municipalities, including Hopewell Township, for the acquisition of property. Mrs. Buckwalter is familiar with the property and feels it is "very much worth preserving." She asked for any ideas for the public to help. Ms. Lenox suggested a silent auction at a local restaurant as a possibility.
Mr. Tatsch provided historical information on the property, which had experienced lots of erosion due to dirt bike, RV, and pick-up truck traffic. He believed that the property was restoring itself, and Mr. Tatsch felt that it was "the most beautiful property in the Township among lots of beautiful places in the Township." The property includes a lake, mature forested areas, meadows, farmland, trails, etc., and it would be an asset to preserve as much of the land as possible.
Mr. Romano commented on single ownership and size of the property, with multiple funding partners, and he was "very hopeful." Mrs. Robbi asked about preservation aspects depending on what was located in East Amwell versus Hillsborough; Ms. McCollum said that details have not yet been ironed out. Mr. Romano noted that Mr. Higgins already has enrolled his Hillsborough property in a wildlife habitat program.
Ms. Lenox spoke about the spectacular riding trails on the property. Mr. Kneski agreed that the Township should continue to evaluate the plans for acquisition and coordinate with the adjourning municipalities in this worthwhile effort; he also supported the idea of fund-raising. Mrs. Cregar and Mr. Martin also offered their support of the acquisition.
Mr. Tatsch concluded that there was a consensus of support from the East Amwell Township Committee to offer their support for this acquisition. There was a round of applause from the audience, and the representatives from NJCF thanked the Committee for their support. Mr. Tatsch also noted that more details would be needed and future discussions will be held at the budget meetings. He wanted the NJCF to leave with the sense that the Township is very much in favor of the acquisition and will work towards this goal.
2) DECEMBER 2007 COMPREHENSIVE FARM PRESERVATION PLAN: Mrs. Conard asked the Clerk to distribute the individual copies of the plan to the governing body members. She stated that the SADC will be providing their comments on the draft plan within 60 days Committee members commended F/OSPC for their efforts, stating that they did "a fantastic job" within the Committee while other municipalities paid their planners up to $20,000 for the work. The Committee expressed their appreciation for all of F/OSPC’s efforts.
RECYCLING COMMITTEE
1) Resignation of Kendra Schroeder: Committee members acknowledged the January 7, 2008, letter of resignation from Kendra Schroeder, citing her appointment to the Board of Adjustment as the reason for resignation. The Board meets the same time as the Recycling Committee. Motion by Ms. Lenox, seconded by Mr. Kneski, and carried unanimously to accept this resignation with deep regret. Committee members commented on Ms. Schroeder's great work with the Recycling Committee.
COUNCIL FOR AFFORDABLE HOUSING (COAH) COMMITTEE
1) Resolution of Appreciation for Richard Ginman: Mr. Tatsch stated that he was sorry to report that Mr. Ginman has resigned from COAH. Mr. Ginman has agreed to continue to provide his expertise when needed without being a COAH member. Mr. Tatsch said that he has worked with Mr. Ginman for the past two years, and Mr. Ginman's assistance has been invaluable and he will be sorely missed.
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RESOLUTION #22-08
WHEREAS, East Amwell Township, a rural community located in Hunterdon County, in the State of New Jersey, is a public entity subject to all rules promulgated by the State; and
WHEREAS, based on Mount Laurel court decisions in 1975 and thereafter, each municipality in the State of New Jersey was obligated to address low and moderate income family housing in conjunction with zoning ordinances, which resulted in creating a fair share formula; and
WHEREAS, these court decisions resulted in the need for each municipality to develop Fair Share Plans and Housing Elements for their Master Plans along with a process to meet obligations with significant work to be accomplished over a course of years from the mid-1980's through the present time; and
WHEREAS, East Amwell Township records show that the municipality has met their obligations over the years, including a commendation from the Hunterdon County Planning Board in March 1986, stating, "East Amwell Township is to be commended for its efforts at this time to comply with the mandates of the Fair Housing Act"; and
WHEREAS, the Township Committee realizes that the backbone of the government is its volunteers and staff upon whom they depend; and
WHEREAS, Richard Ginman, a long time resident of East Amwell Township, offered his assistance as a volunteer very early in the process to meet the requirements of the New Jersey Council on Affordable Housing (COAH), using his expertise and knowledge garnered from working at the State to address East Amwell Township's obligations; and
WHEREAS, Richard Ginman, through his guidance and support from the mid-1980's until today, has been instrumental in meeting and, in some instances, exceeding the municipality's obligations by the following accomplishments, which are only listed here in part:
- Serving as a member of the East Amwell Planning Board from 1987 through
1990
- Developing and amending the Housing and Fair Share Plans for the Township
- Meeting the state imposed deadlines for COAH mandated obligation rounds
- Assisting in the research and development of methods to meet the housing needs
in East Amwell Township, including rehabilitation, write-down/buy-down
units, regional contribution appropriations, partnering with Hunterdon
County Housing Corporation, offering accessory apartment units, etc.
- Working behind the scenes during and in between COAH mandated rounds to
provide the municipality with options and innovative ideas to meet their
obligations while maintaining the character of East Amwell Township
- Providing hands-on assistance to all COAH Housing Officers, including the
newly created appointment of a Municipal Housing Liaison, to handle
housing inquiries; to work with non-profits and property owners on
acquisition and credit options; and to work with the planners, attorneys,
and other professionals in meeting COAH requirements
- Providing the Township Committee and Planning Boards with timely reports
and strategy development guidelines to assist them in meeting obligations.
WHEREAS, the East Amwell Township Committee wishes to recognize the many contributions of Richard Ginman, a long-time dedicated volunteer, for his assistance in plan development and meeting the COAH requirements for the Township over the past twenty years;
NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of East Amwell that Richard Ginman be formally acknowledged for all his accomplishments in helping the municipality achieve its COAH goals through years of dedication; and
BE IT FURTHER RESOLVED that the governing body, on behalf of the Township of East Amwell’s residents, offers their appreciation and gratitude and commends Richard Ginman for his past performance on COAH matters and his continued success in serving on the Farmland/Open Space Preservation Committee.
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.
Fred Gardner, 46 North Hill Road, and Planning Board Member, also read a prepared statement into the record: “I am fairly confident that only a small percentage of East Amwell residents know what COAH is and that only a small percentage of those are aware of Dick Ginman’s role in guiding the Township’s actions with regard to COAH’s demands. In a curious way that lack of knowledge is a fair measure of Dick’s quiet effectiveness and success in ensuring that we made the best case to keep the requirements as reasonable and realistic as possible and that we fulfilled those requirements in a timely manner without disruption of the Township’s character and zoning. The residents of some neighboring townships which did not have a Dick Ginman to lead their COAH responses know all too well what that agency is and can do as those townships have tried to cope with the consequences of builders’ remedy suits either with costly buyouts or unwanted tract developments.
“Dick was early in analyzing the COAH program and determining innovative ways whereby we could meet and stay ahead of our affordable housing quotas. In doing so, he turned a serious potential negative into such positives as providing opportunities for low income residents to renovate their homes and for good neighbor organizations to carry out essential services for disadvantaged people in our quiet and friendly community. Of course, Dick’s COAH accomplishments represent only one of his contributions to the Township, which have also included chairing the Planning Board during part of the stressful early period of bringing our Master Plan and zoning ordinances into line with the rural character which we now still enjoy and working on the FOSPC to preserve farmland and open space. East Amwell has been fortunate to have his experience and abilities to call upon in areas of real need.”
Mr. Cushing mentioned that an extremely critical element of the ten acre zoning lawsuit hinged upon the fact that the municipality had met their COAH requirements effectively. Mr. Cushing stated that this aspect of the case came up constantly throughout the suit, and he stated that COAH compliance was the thrust of the case, i.e., without this, there would not be ten acre zoning in East Amwell Township. He commended Mr. Ginman.
Mr. Matheny also quipped about his first meetings with Mr. Ginman to discuss COAH issues, concluding that Mr. Ginman will be missed, along with his knowledge and "sense of COAH humor."
UNFINISHED BUSINESS
ROADS - There was no update at this time.
TOWNSHIP ADMINISTRATOR'S UPDATE:
1) Hiring of Deputy Court Administrator: Action will take place after the matter is discussed in executive session.
2) Speed Detection Sign/Trailer: Mr. Matheny provided computer print-outs of data collected from the borrowed equipment being tested on various roads in the Township. Information can be collected in different formats, including counts, hours, speed, time, etc., and the information will be helpful in determining when and where to send the police for enforcement.
Mr. Matheny contacted John Glynn at Hunterdon County Roads/Engineering, and he provided a memo on county requirements similar to the one provided by Richard Spiegel at the last meeting. Mr. Matheny followed up with the question of parking a licensed, registered vehicle in a legal parking space on a County road; Mr. Glynn agreed that the County could not supercede State regulations. Mr. Matheny has a form from the County, which he will fill out and submit to the County for approvals. Mr. Kneski suggested asking for a "blanket" approval to use the trailer at specific areas at intervals (rather than having to request individual approvals each time).
Mr. Matheny also followed up with NJ DOT representative Pete Riscica about putting the trailer on state highways. Mr. Matheny was then directed to the department in charge of signs for permitting; the operator at that department said that as long as the trailer was legally off the road for a limited amount of time, there was no problem with its use on state highways. The conclusion was that the legally licensed trailer could be used at short intervals on Route 179 without permits.
Mr. Matheny also asked Mr. Glynn at Hunterdon County about the availability of speed devices. The County has one unit, and it is difficult to get access to it. Mr. Matheny also contact Station Commander Bruce Skelton (who is back in command in Kingwood); Commander Skelton explained that they have difficulty getting this type of equipment, and when they do, the machines are usually broken. He was unfamiliar with access to a large number of units, as mentioned by Richard Spiegel at last month's meeting. In addition, the State Police must have training to tow the units, and the Commander does not have trained staff available. Commander Skelton felt that the data collected by the Township will help them with their enforcement efforts and target locations for surveillance.
Mr. Matheny also looked into the grant application mentioned by Mr. Spiegel last month. The grant is through the Office of Highway Safety at the state, with an application deadline of February 23. The grant was developed to reduce accidents, fatalities and crashes, and the grant is now open to non-profit organizations (e.g., for training, bicycle helmet programs, etc.). Awards for this round will not be announced until October 1, 2008, and municipalities can not apply for the grant for retroactive reimbursement for units purchased before October 1, 2008. In conclusion, there are more applicants for less money in this round, and competition (especially with more developed, city-type municipalities) is tough.
Committee members discussed the matter briefly. The consensus was to authorize Mr. Matheny to purchase the speed detection sign and trailer since the money was appropriated in the ordinance. The governing body felt that the data collected this year might be able to support an application for the grant in next year's round. Additionally, this will give the Township time to consider more a more creative grant application to be more competitive next year.
3) 2008 Employment Assistance Program Contract: Mr. Matheny advised the governing body that he signed the 2008 contract with Hunterdon Medical Center for this program. He explained the program for the benefit of the new Township Committee members, i.e., an immediate way for the employees and governing body members to seek professional help with problems. The program is offered to employees working more than 10 hours per week, and the cost was raised from $2.00/month/employee to $2.25/month/employee for up to 25 employees listed.
Mr. Matheny also noted that EAP Counselor Greg Rearick recently provided the mandatory sexual harassment training seminar for the employees. Mrs. Stahl added that Mr. Matheny provided his valuable assistance and knowledge to the seminar.
4) Clerk's Request for 2008 Membership Fees in Excess of $125: Mrs. Stahl provided her 1/7/08 memo asking for membership fees beyond the allowed $125.00. This included the $115.00 membership to the International Institute of Municipal Clerks to maintain her non-mandatory Certified Municipal Clerk status. Motion by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously to approve the membership fees as listed in Mrs. Stahl's memo.
5) Other: Mrs. Cregar asked what happened to the resident's traffic control signs on John Ringo Road. There was no clear-cut answer, although the Committee agreed that the signs were effective.
Mr. Matheny also noted that he will be meeting with Station Commander Skelton very soon to discuss East Amwell Township matters.
2008 BUDGET MEETING SCHEDULE: The Clerk had emailed the governing body to ask them to be prepared with possible budget meeting dates. Mr. Kneski provided his reply email suggesting that the Township Administrator and the Treasurer/CFO meet with department heads and provide their recommendations to the governing body to streamline the process, as is done in Princeton Township. Mr. Tatsch explained that the Administrator works only 20 hours per week and preferred to use Mr. Matheny's expertise for other tasks. Mr. Tatsch recommended approaching the budget process as has been done in the past, requesting that the Township Committee review the process and look for ways to streamline for next year. Mr. Tatsch also noted that Mr. Matheny has been working with the DPW to develop their budget requirements.
Committee members agreed to schedule a meeting for Saturday, January 19, from 9 a.m. - 3 p.m., and a meeting on Wednesday, January 30, at 7 p.m.
Committee members commented favorably on the new chairs for the dais, purchased by Mr. Matheny and delivered today.
OPEN TO THE PUBLIC
Richard Spiegel, 1 Mountain Road, spoke about excess material at the Township grit yard. He recommended that the Township consider having an auction and advertising for sealed bids for old trucks and generators no longer in use. He spoke about increased prices for steel.
Mr. Spiegel spoke about having the Township Administrator's schedule on the bulletin board in the foyer rather than over the copying machine so that the public knew when he was available.
Mr. Spiegel felt that the liaison list should also be posted on the bulletin board and on the website so the public was informed.
Mr. Spiegel commented on the grant application for the Highway Safety program, and he encouraged the governing body to "do the paperwork" now. He agreed that the data collected with the unit could be used to supplement next year's application also. He also spoke about the grant funding, which could be used for state trooper over-time pay, among other items.
Fred Gardner, 46 North Hill Road, suggested that the governing body review the budget sheets and list discretionary items onto a separate sheet. Mr. Tatsch explained that the governing body did this mentally in the past, but a separate sheet might be helpful.
Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.
UNFINISHED BUSINESS, Continued
MOTION TO GO INTO RECESS
Motion by Mr. Kneski, seconded by Ms. Lenox, and it was carried unanimously to hold a short recess at 9:50 p.m.
Mr. Cushing left the meeting at this time; therefore the executive session resolution was changed to eliminate discussion on litigation and receive advice from the attorney.
Motion by Mr. Kneski, seconded by Ms. Lenox to resume the meeting at 9:55 p.m.
RESOLUTION TO ENTER EXECUTIVE SESSION
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RESOLUTION #23
-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 personnel and land acquisition; 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 Mr. Kneski, and carried unanimously to approve the resolution.
Executive session began at 9:55 p.m.
The regular session resumed at 10:05 p.m.
TOWNSHIP ADMINISTRATOR'S UPDATE, Continued
1) Hiring of Deputy Court Administrator: Based on the recommendation of the Township Administrator, the governing body agreed to hire Dawn Augustine as the part time Deputy Court Administrator at a rate of $20.00 per hour, one half of which is paid by East Amwell Township and one half of which is paid by Delaware Township.
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RESOLUTION #24 – 08
BE IT
RESOLVED by the Township Committee of the Township of East Amwell that Dawn
Augustine is hereby appointed as a probationary employee for a six month period
from the start date to be determined; and
BE IT FURTHER RESOLVED
that the 2008 Salary and Wage Resolution be amended as follows:
Name and Position Salary/Compensation
Dawn Augustine $10.00
– ½ portion/per hour
By Order
of the Township Committee,
____________________________
C. Larry
Tatsch, Mayor
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Motion by Mr. Martin, seconded by Mr. Kneski, and carried unanimously to approve the resolution.
NEW BUSINESS
EMAIL COMMUNICATION FOR PUBLIC OFFICIALS: Mr. Tatsch spoke about the recent seminar at the NJ League of Municipalities' convention, noting the importance of making sure that all volunteers copy the Municipal Clerk on all Township business email correspondence. He also noted a recent incident where a volunteer had correspondence on a business computer, which was no longer accessible. Mr. Martin spoke about the importance of developing policy with clear retention and filing guidelines. Mrs. Stahl said that the Division of Archives and Records Management (DARM) provides the same retention period for email correspondence as any other type of correspondence, i.e., three years. Mr. Tatsch reminded everyone that Township business, even if done on home or business computers, is subject to OPRA and discovery. The Township Committee members were provided with a packet of information provided in the past by the Township Attorney and another attorney, for their information.
Mr. Tatsch explained that he recently met with Mr. Matheny and Jim Stahl (who set up the current email system) to discuss an application called Google Apps. Mr. Tatsch and Mr. Matheny also met with other vendors at the League conference, who spoke about storing email on a township server. This option would include the need for IT assistance and maintenance and may be subject to hardware failure. Going with an established external organization for storage may be a better option, i.e., the information is still accessible. The idea is to set up a system at the municipality to allow employees and board chairs to have their own accounts; they would conduct all Township business through these accounts only. Mr. Stahl recommended using Google Apps with gmail saved and archived on Google's server and available by web-mail for easy access. Mr. Tatsch also noted that the program has a lot of options, including the availability of interactive calendars. There is free basic service available to municipalities and schools, and some enhancements, including spam filters, could be added at a cost. Mr. Tatsch suggested looking at all options.
Mr. Martin agreed to look at the Google Apps availability and options and report back to the governing body. Mr. Tatsch stated that the goal is to address the email system within the first quarter of this year.
DISCUSSION AT OPEN TO THE PUBLIC Mr. Tatsch commented on the resident's complaint about Dave's Sunoco during Open to the Public since he is in a competitive business. Mr. Tatsch stated that there may be some validity to the complaint, and he asked Mr. Kneski, with his zoning knowledge, to work with Mr. Matheny and the Zoning Officer to make improvements. Mrs. Cregar stated that the resident did raise some valid concerns.
Mr. Kneski recalled working as the East Amwell Zoning Officer in the late 1980's and early 1990's and addressing vehicle storage problems at this location. At that time, he made frequent visits to the site to meet with the owner and assess progress. Mr. Kneski agreed to coordinate with the Zoning Officer and work with Dave's Sunoco on the matter. Some comments were made between members as to the determination of a pre-existing, non-conforming operation.
Mr. Tatsch concluded that he would like to see some concrete steps and improvements, and this will be passed along to Mr. Carmen in a letter to ease his concerns.
Mr. Martin asked a question about selling cars on the property, and Mr. Kneski provided information on selling one or more cars, impounding vehicles, towing agencies, etc. They exchanged some comments about the site.
ADMINISTRATIVE REPORTS
TREASURER LUHRS presented a transfer resolution, the bills of the evening, and a statement of cash on hand.
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RESOLUTION #25-08
WHEREAS, N.J.S.A. 40A:4-58 permits appropriation transfers during the first three months of the succeeding fiscal year between line items of the municipal budget, and
WHEREAS, it has been determined that certain line items are in excess of the sums needed and certain line items have insufficient funds to complete the operation of the fiscal year,
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that the following sums be transferred as follows:
From To
Streets & Road Maintenance
Salaries & wages $1,000.00
Gasoline:
Other expenses $1,000.00
Total $1,000.00 $1,000.00
By Order of the Township Committee,
____________________________
C. Larry Tatsch, Mayor
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Motion by Ms. Lenox, seconded by Mr. Kneski, and carried unanimously to approve the resolution.
Mr. Kneski asked about the difference in billing costs for the janitor services, i.e., November at $320.00 and December at $400.00. The billing is weekly at $80.00 per week per cleaning.
Motion by Mrs. Cregar, seconded by Mr. Martin, and it was carried unanimously to approve the bills of the evening.
Treasurer's Resolution:
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RESOLUTION #26-08
WHEREAS, N.J.S. 40A:4-19 provides authority for appropriating in a temporary resolution the permanent debt serve requirements for the coming fiscal year providing that such resolution is not made earlier than December 20 of the year preceding the beginning of the fiscal year; and
WHEREAS, the date of this resolution is subsequent to December 19, 2007; and
WHEREAS, principal and interest will be due on various dates from January 1, 2008 to December 31, 2008, inclusive, on sundry bonds issued and outstanding;
NOW, THEREFORE, BE IT RESOLVED that the following appropriations be made to cover the period from January 1, 2008 to December 31, 2008 inclusive:
DEBT SERVICE – TOWNSHIP OF EAST AMWELL
Payment of Bonds $390,000.00
Interest on Bonds $243,038.00
Interest on Notes $ 67,846.00
NJ Economic Development Loan $ 12,147.00
Green Trust Loan $ 34,840.00
Total $747,871.00
By Order of the Township Committee,
______________________
C. Larry Tatsch, Mayor
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Motion by Ms. Lenox, seconded by Mr. Martin, and it was carried unanimously to approve the resolution.
TAX COLLECTOR HYLAND presented her December reports, but no resolutions.
All other administrative reports listed on the agenda were noted without comment.
CORRESPONDENCE
Mr. Tatsch spoke about the mandatory meeting for municipalities participating in the gypsy moth treatment program. Mrs. Stahl explained that Frank Clair of the Environmental Commission previously agreed to participate, and she had previously advised Mr. Matheny that she would attend for the Township. Mr. Tatsch felt that a representative from the Board of Health should be asked to attend with Mr. Clair.
Mr. Tatsch referenced the 12/28/07 letter from Freeholder Muller asking for support and endorsement of a county-based regional Pre-Disaster Mitigation Planning application. Motion by Ms. Lenox, seconded by Mr. Kneski, and carried unanimously to approve the Mayor’s signature on the letter.
Mr. Kneski referenced the list of 2008 liaisons provided with the 2007 cover letter; last year's letter was provided to the governing body at Mr. Tatsch's request to explain the intent of the positions. Two categories, aerobatic airplanes and the land surveyor, were eliminated on the 2008 list. Committee members agreed to review the suggested list and perhaps negotiate changes with other individual members; they will all be prepared to decide the final assignments at the next meeting.
ADJOURNMENT
There being no further business, motion by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously to adjourn the meeting at 10:35 p.m.
______________________________
Teresa R. Stahl, RMC/CMC
Municipal Clerk