The regular meeting of the East Amwell Township Committee was called to order at 7:30 p.m. Present were Mayor Peter Kneski, Deputy Mayor Linda F. Lenox, and Committee members Patricia Cregar, Timothy Martin, and C. Larry Tatsch. 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 4, 2009, and a meeting notice published in the Hunterdon County Democrat issue of January 8, 2009. 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 6, 2009.
The meeting opened with the Pledge of Allegiance to the American Flag.
AGENDA REVIEW
Under Correspondence, add the 1/7/09 Department of Community Affairs Release from Joseph Doria Jr. on COAH Status.
ANNOUNCEMENTS
Municipal Offices will be closed on January 19, 2009 in observance of Martin Luther King Junior's Birthday.
The Annual Rabies Clinic will be held on Saturday, January 24, 2009 from 1 - 4 p.m. in the Township Garage.
2009 Dog Licenses are now due: $12/altered dog; $15/non-altered dog - rabies information must cover the entire licensing period - call 908:782-8536 x 10 for further information.
Christmas trees may be brought to the grit yard on John Ringo Road during the month of January. All trim should be removed from the trees.
The Township Committee will hold the following special meetings in January: January 12, 7:30 p.m. - budget; January 27, 7:30 p.m. - Joint Meeting with Delaware Township and West Amwell; January 31, 9:00 a.m. - budget.
APPROVAL OF MINUTES
December 30, 2008, Special Minutes (Interviews) were approved on a motion by Mrs. Cregar, seconded by Mr. Tatsch, and carried with one abstention, Mr. Martin.
December 30, 2008, Regular Minutes were approved on a motion by Ms. Lenox, seconded by Mr. Tatsch, and carried with one abstention, Mr. Martin.
December 30, 2008, Executive Minutes (Contracts) were approved on a motion by Mr. Tatsch, seconded by Ms. Lenox, and carried with one abstention, Mr. Martin, with one correction on paragraph 5, line 6, add the word "mandatory" prior to "matching."
January 4, 2009, Reorganization Minutes were approved on a motion by Mrs. Lenox, seconded by Mrs. Cregar, and carried unanimously with a correction under Deputy Mayor Comments, change the last sentence to read, "She would prefer to get stuck behind farmers' tractors rather than see tractor trailers on the roads."
OPEN TO THE PUBLIC
The meeting was open to the public for comments on items not on tonight's agenda. There being no comments, a motion was made by Ms. Lenox, seconded by Mrs. Cregar, and carried unanimously to close to the public.
INTRODUCTION OF ORDINANCES/PUBLIC HEARINGS - None
SPECIAL DISCUSSION
RESOLUTION TO ENTER EXECUTIVE SESSION TO DISCUSS LITIGATION WITH THE TAX ASSESSOR AND THE TOWNSHIP ATTORNEY
Present during this discussion were Tax Assessor Marianne Busher, CFO/Treasurer Jane Luhrs, and Attorney Richard Cushing.
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RESOLUTION # 21-09
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,
___________________________
Peter Kneski, Mayor
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Motion by Mr. Tatsch, seconded by Ms. Lenox, and carried unanimously to approve the resolution.
Executive Session began at 7:35 p.m.
The regular meeting resumed at 8:30 p.m.
AMWELL VALLEY RINGOES RESCUE SQUAD - RECEIPT OF INFORMATION ON 2009 OFFICERS Vice President Margaret Case was present.
Miss Case said that she was present tonight to present the list of Officers "as we see it." She stated that there was a shadow squad also taking calls, but she reiterated that "we are out there." She provided a list of officers and line officers who were appointed, and she commented on still working on calls. She was saddened by the turmoil, and she hoped that there would still be a volunteer squad. She asked the governing body to contact her if they had any questions.
Mayor Kneski commented on the squad being a part of the community and was glad to see it continue. He noted that the Township Committee cannot do anything at the moment, pending the up-coming litigation, but he hoped that the matter "would be resolved for the best." He stated that the Township Committee will keep her information as part of the minutes.
Ms. Lenox asked about the funding that the Township provides to the squad for operations. Miss Case explained the "initial brunt" of the problem was the plan to build a new building, which a majority of the members did not want. They felt that it would not be financially responsible and the current location is "no worse for calls than the new location." Miss Case commented on money collected in donations, and she did not feel that the squad should ask the Township for anything but the regular $28,000 for operations (supplies, insurance, etc.) and $29,000 in capital for new rigs, defibrillators, etc. She felt that the money already collected could be used for an addition at the current location, noting that it can be done in stages with little or no mortgage. Miss Case said that this was proposed by the "Us" Squad, and it would not cause a strain on citizens to do so.
Miss Case commented on being served papers, and she concluded that the "Us" squad is tighter than usual, including spending holidays together at the squad building while being on call. She commented on "being a cohesive unit." Miss Case stated that she has been a 21 year member of the squad and she cannot give it up, noting that she has lived in East Amwell all of her life.
Committee members thanked Miss Case for her comments.
Attorney Cushing left the meeting at 8:40 p.m.
UNFINISHED BUSINESS
ADVANCED SOLAR PRODUCTS, INC. REPORT ON "SIMPLE SCOPING STUDY FOR PV POWER AT EAST AMWELL TOWNSHIP" Lyle Rawlings, President, was present.
Mayor Kneski explained that he and Mr. Martin had previously being working on energy savings ideas, and they contacted Mr. Rawlings for information. A December 29, 2008, report from Advanced Solar Products, Inc. was prepared for the Township. The Mayor introduced Mr. Rawlings.
Mr. Rawlings commented on having a "stake" in the rescue squad plans by having a contract to put a solar energy system on the new volunteer station.
Mr. Rawlings summarized that solar energy is complicated by government incentives, which are ever changing. Rebates are being phased out while new state incentives are being created. There are solar renewable energy certificates, which provide specific premiums for kilowatts produced and are more than the cost of the power itself. There is a potential for the Township to see some profit on the power they produce over time.
There are also federal incentives, including the possibility of 30% of the system costs being subsidized and an accelerated depreciation for additional value. However, non-profits cannot qualify for these incentives
Mr. Rawlings explained that the study was a "scoping study" and his firm could get into a deeper analysis, if the Township so desired. He stated that "it was not a money maker to buy and own a system" without the federal incentives, but there are alternatives. The Township could bring in a third party owner to lease the roof to build a system on the Township's roof and sell the power to the Township at a possible 15 - 20% reduction in cost. Another option was to lease a system from a leasing company during a specific period; the leasing company will own the system and they will sell the credits and provide a benefit to the Township.
Mr. Rawlings further explained that the potential revenues on the size of building would be modest, e.g., there may only be $1,000-2,000 in savings. However, with a third party option, there would be no commitment. He also explained another possibility coming along, which allows utility companies in New Jersey to own systems and offer a "better cut" than private third party providers. PSE&G has applied to the NJ BPU this month, and Mr. Rawlings will keep the Township Committee up to date on the decision.
Mr. Rawlings noted that East Amwell School is a separate entity and he was not asked to include it in the report. However, Mr. Rawlings looked at the roof and size of the buildings, and he discovered that the School has more of an opportunity to benefit from the solar energy system. He stated that a 140 KW system on the school would cost about $1,000,000 and provide better incentives to the School. He explained that the NJ Department of Education is supporting debt service for renewable energy, and "the state is picking up the tab of some of the debt service, about 40% or so." The Department of Energy will pay the 40% and provide a better revenue percentage.
Mayor Kneski asked about the chart provided in the report, i.e., whether the soccer fields were at the municipal complex or the school; the Clerk said it was the soccer fields at the municipal fields. (Note - the specific electricity usage was for the school fields, not the municipal fields.)
Mr. Tatsch asked about lease options and Power Purchase Agreements (PPA's); with the Obama initiative for renewable energy and major federal credits, if a lease agreement was locked, could the municipality opted out for a better percentage. Mr. Rawlings said that the agreements would be locked.
Mr. Tatsch asked Mr. Rawlings for his thoughts on whether there would be more federal programs. Mr. Rawlings spoke about his involvement with national leadership in crafting proposals for Obama. He felt that there would definitely be more aggressiveness in solar energy, but he did not know the form. He noted that the intent of the federal government is for modest rates of return, not windfalls, in energy production. He commented new incentive changes "without windfalls."
Mr. Martin commented on the power companies' involvement. Mr. Rawlings explained that the industry was being cautious because having the larger companies involved would have a negative effect on the smaller companies. He did believe that the utility companies would offer better deals than leases or PPA's, but the utility companies' involvement has not yet been finalized. Mr. Martin asked about subcontracting by the utility companies; Mr. Rawlings suggested, as an example, that the utility companies can bid on the land, enter into agreements with the municipalities and schools, and then subcontract out.
Mr. Tatsch asked about types of installations for better power efficiency. Mr. Rawlings said that mainly crystalline panels were used for higher efficiency, but there are also thin films, which are cheaper and less efficient. He explained that 47 kilowatts would be attributable to the crystalline installation, while the thin film would generate 30-35 kilowatts. He would recommend going with the higher efficiency installation for a greater rate of return. Mr. Rawlings commented that with the potential for utility company ownership programs and prices coming down, he would wait to see what the utility companies offer.
Mr. Tatsch commented on putting a bigger system on the roof; the bigger the system, the more cost efficient it would be. Mr. Rawlings noted that some installations are done on the ground, e.g., his company is installing one for the Marlboro Utility Company and has installed one at Montgomery High School. There is an economy of scale with a bigger installation and better return. While bigger systems could be built on the ground, the Township would have to consider security issues, e.g., possibility of breakage and damage, people getting hurt, etc. The panels would have to be fenced, and a secure location would have to be found.
Mr. Rawlings stated his willingness to track analyses further, if the Committee would like. All agreed that they would revisit the topic in a few months. Mr. Tatsch commented on the possibility of receiving some incentives in the future and prices coming down.
The Committee members thanked Mr. Rawlings for his report and presentation.
TOWNSHIP ADMINISTRATOR'S UPDATE
1) Municipal Court Contracts for Delaware Township and Stockton Borough: Court Administrator Hooven prepared the three year contracts for the joint court with Delaware Township and the Shared Court with Stockton Borough. The contracts cover a payment to Delaware Township for police security. However, there are no major changes to past contracts.
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RESOLUTION #22-09
BE IT RESOLVED by the Township Committee of the Township of East Amwell that they hereby authorize the Mayor to sign the three-year agreement with Delaware Township for the continued Joint Court.
By Order of the Township Committee,
___________________________
Peter Kneski, Mayor
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RESOLUTION #23-09
BE IT RESOLVED by the Township Committee of the Township of East Amwell that they hereby authorize the Mayor to sign the three-year agreement with Stockton Borough for the continued Shared Court.
By Order of the Township Committee,
____________________________
Peter Kneski, Mayor
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Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to approve both resolutions.
2) 2009 Animal Control Coverage: As background information, Mr. Matheny explained that this was the second contract with Hunterdon Humane Animal Shelter. The Township contracted previously with Raritan Township, the first year at a cost of $7,500, jumping to $8,500, and last year the amount would have been $11,800. However, in July, Raritan Township withdrew their services, and Mr. Matheny searched extensively for coverage (e.g., Somerset County, Montgomery Township, Hillsborough, neighboring municipalities, etc.). The agreement with Hunterdon Humane Shelter was non-controversial last year, and the Shelter bases its costs on a per capita of the census figure for the Township, i.e., $8,886.15 in 2009. Mr. Matheny has not heard any complaints from the citizens on the coverage.
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RESOLUTION #24-09
BE IT RESOLVED by the Township Committee of the Township of East Amwell that they hereby approve the 2009 Animal Control Contract provided from the Hunterdon Humane Animal Shelter, 576 Stamets Road, Milford, NJ 08848, to provide animal control coverage, as outlined in the agreement, at a cost of $8,886.15.
By Order of the Township Committee,
_______________________
Peter Kneski, Mayor
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Motion by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously to approve the resolution.
3) DPW Personnel Update: There were several qualified candidates interviewed for the position of DPW Employee, with nine men interviewed. One candidate was approached about the position, but he declined because of the offered salary was lower than what he currently receives. Mr. Matheny will contact another potential candidate for consideration.
There were additional interviews for the Superintendent's position, and one viable candidate will participate in a site visit with the Acting DPW Superintendent next Monday. A recommendation for the position may come after the visit, or the position may be re-advertised.
4) Request from Tax Collector to Change In-Office Days: Tax Collector Hyland advised that due to changes to her schedule at Lebanon Township, she would like to change her in-office days in East Amwell from Tuesday, Thursday, and Friday to Monday, Tuesday, and Thursday. Mr. Matheny spoke with Assistant Tax Collector Dymek, who sees no problems in coverage. The posted hours will remain the same.
Motion by Mr. Tatsch, seconded by Mr. Martin, and it was carried unanimously to accept the new days of operation, as proposed by Mrs. Hyland.
5) NJ Department of Transportation Meeting: Lou Brannon, from the NJ DOT, will meet with Mr. Matheny on Tuesday, January 13, 2009, at 10:00 a.m. to discuss the replacement of the Route 202 bridge over Route 31 with six inches of material on both sides of the road. Township Committee members were invited to sit in on the meeting, if they would like.
6) Zoning Officer Update: Zoning Officer McManus updated the Township Administrator today that he sent letters to the owner of the Sunoco Station in the Village area in July and in December. The Zoning Officer recently drove by the site and sees that trucks have been moved, and there has been some clean up, i.e., some continued improvement with more needed.
7) Clawson Park Damage: There has been about $4,000 in damage to Clawson Park, and the NJ State Police are continuing their investigations.
8) Blue Light Permits for the Amwell Valley- Ringoes Rescue Squad: Mr. Matheny referenced his January 8 memo regarding the request to have Blue Light Permits signed for members of the squad. He commented on the position that if he signed the forms now under the signature of the Chief of the Squad, the Township would be recognizing and acknowledging one faction of the squad. He suggested waiting until after the court hearing next week to proceed. Mr. Matheny also noted that one of the applications was dated January 8, 2008, which indicates that the application is one year old, and he believed that there was no threat to public safety by not signing the forms at this time.
EXECUTIVE SESSION RESOLUTION TO CONTINUE DISCUSSIONS ON THE 2009 CONTRACT FOR THE TOWNSHIP ADMINISTRATOR
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RESOLUTION #25-09
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 contracts with the Township Administrator; 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,
___________________________
Peter Kneski, Mayor
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Motion by Ms. Lenox, seconded by Mr. Tatsch, and it was carried unanimously to approve the resolution.
The executive session began at 9:15 p.m.
The regular session resumed at 10:05 p.m.
NEW BUSINESS - None
OPEN TO THE PUBLIC
Motion by Ms. Lenox, seconded by Mr. Martin, and it was carried unanimously to open to the public for comment. There being no members of the public present, motion by Mr. Tatsch, seconded by Ms. Lenox, and it was carried unanimously to close to the public.
ADMINISTRATIVE REPORTS
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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
Legal Services & Costs:
Other Expenses $2,500.00
Buildings & Grounds:
Other Expenses $2,500.00
By Order of the Township Committee,
_________________________
Peter Kneski, Mayor
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Motion by Mr. Tatsch, seconded by Mrs. Cregar, and it was carried unanimously to approve the resolution.
Bills of the evening were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously.
Construction Official and Court Administrator reports were acknowledged for receipt.
CORRESPONDENCE
Ms. Lenox and Mrs. Cregar quipped about the resolution from Raritan Township about abolishing the Council on Affordable Housing (COAH).
Mayor Kneski noted the letter from the NJ Department of Transportation accepting Ordinance 08-12 for speed limits on certain roads in East Amwell Township. Mr. Matheny also noted that the State changed crosswalks in the Village of Ringoes.
ADJOURNMENT
There being no further business, a motion was made by Mr. Tatsch, seconded by Mr. Martin, and it was carried unanimously to adjourn the meeting at 10:10 p.m.
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Teresa R. Stahl, RMC/CMC
Municipal Clerk