The regular meeting of the East Amwell Township Committee was called to order at 7:30 p.m. Present were Mayor C. Larry Tatsch, and Committee members Patricia Cregar and Peter Kneski. Deputy Mayor Linda Lenox and Committee member Timothy Martin were absent. 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 November 11, 2008.
The meeting opened with the Pledge of Allegiance to the American Flag.
AGENDA REVIEW
Under Special Committees, add an update from Peter Kneski on the Wastewater Management Plan Meeting held at Hunterdon County; Under Township Administrator's Update, add the following: Road Salt Purchase; Back Brook Road Schedule, Change in Employee Policy Manual for "Probationary Employee," and Hunting on Twp. Property. Under New Business, change resolution to enter executive session to include Attorney Advice and Litigation. Under Correspondence, add the following: 11-11 email from W. Harrison with Hunterdon County Solid Waste Advisory Committee minutes; 11-11 and 11-12 Attorney Client Communications from Attorney Harrison and Attorney Cushing on Employee Litigation; 11-10 email from Attorney Cushing re: Brophy/Rutgers Nursery.
ANNOUNCEMENTS
Municipal Offices will be closed on Thursday and Friday, November 27 & 28, 2008, for Thanksgiving Holidays.
The next regular Township Committee meeting is on Tuesday, November 25, 2008, at 7:30 p.m.
The Annual Holiday Tree Lighting Program will be held on Sunday, December 7, 2008, at 4 p.m.
APPROVAL OF MINUTES
October 23, 2008, Special Minutes were approved on a motion by Mrs. Cregar, seconded by Mr. Kneski, and carried unanimously.
October 23, 2008, Executive Minutes (Contracts) were approve on a motion by Mrs. Cregar, seconded by Mr. Kneski, and carried unanimously.
October 23, 2008, Regular Minutes were approved on a motion by Mr. Kneski, seconded by Mrs. Cregar, and carried unanimously with two corrections: Page 1, paragraph 1, last line, Mr. Cushing was not present; page 4, paragraph 3, line 3, change "unfounded" to "unfunded."
October 23, 2008, Executive Minutes (Litigation) were approved on a motion by Mrs. Cregar, seconded by Mr. Kneski, and carried unanimously.
October 30, 2008, Special Minutes (Brainstorming) were approved on a motion by Mr. Kneski, seconded by Mrs. Cregar, and carried unanimously with the following corrections: Page 1, paragraph 1, Deputy Mayor Linda Lenox was present. On page 3, paragraph 3, under solar panel and power, line 5, change “hired” to “pre-approved”; line 8, change “return” to “will pay”; line 11, replace “was silent and non-committable, but they did indicate that it would be a reasonable amount” to “has not provided information regarding what percentage of work would be acceptable.”
OPEN TO THE PUBLIC (for Comments from the Public for Items Not on the Agenda)
Andrea Bonette, 17 Ridge Road, explained the confusion about the stormwater checklist on the website from the last meeting. She and Mrs. Stahl discovered that there were three different versions of the checklist on the website, and the webmaster has now corrected the matter.
Mrs. Bonettee wanted to comment on various ordinances. She explained that the Sourland Mountain Ordinance in the Land Management Ordinance §92-89 only allows wood clearing of up to 30,000 square feet for a single family dwelling and 10,000 square feet for the driveway. The Tree Harvesting Ordinance, Chapter 122, allows harvesting on up to two acres, or 86,000 square feet, throughout the Township for residential properties and up to four acres if the property is in woodland management. She was concerned about the differences in these ordinances, and she mentioned "keeping the forest in tact." She also commented on recently flying over Hopewell Township and seeing the devastation caused by the clear-cutting of 26 acres of forested land.
Mrs. Bonette realized that the peddler's (solicitor's) ordinance was postponed until the matter of police coverage was settled. She felt that since the issue is "temporarily in abeyance" with the Council on Unfunded Mandates' decision, and with the NJ State Police covering 89 municipalities, there must be an ordinance covering a rural area we can obtain from neighboring municipalities. Mrs. Bonette urged the Township Committee to revive the peddlar's/solicitor's ordinance.
Frances Gavigan, 123 Wertsville Road, congratulated Mrs. Cregar and Mr. Tatsch on their election success and commented on a "clean campaign… and three more years of cooperative efforts" in working for the public.
Ms. Gavigan requested that the Township Committee proceed with producing electronic PDF documents, especially agendas and draft minutes (if acceptable to the attorney), to distribute to the public prior to meetings in order to reduce transparency in government and encourage more than two or three people attending township meetings.
Motion by Mr. Kneski, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.
INTRODUCTION OF ORDINANCE
ORDINANCE 08-18: AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF EAST AMWELL, CHAPTER 92, LAND MANAGEMENT ORDINANCE, SECTION 92-20, FEES AND ESCROW SCHEDULE, ITEM D, SCHEDULE OF FEES AND ESCROWS
Mrs. Stahl explained that the ordinance was recommended by the Planning Board to increase the amounts escrow accounts for development applications. The Planning Board adopted a Master Plan Consistency resolution of support at their meeting last night.
Mayor Tatsch explained that the problem is that the escrow accounts deplete quickly, and the increase in fees will eliminate the need to request additional funding from the applicants when they exceed their escrow balances and require extra work. The increase is to a level more consistent with the costs incurred.
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ORDINANCE 08-18
AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF EAST AMWELL, CHAPTER 92, LAND MANAGEMENT ORDINANCE, SECTION 92-20, FEES AND ESCROW SCHEDULE, ITEM D, SCHEDULE OF FEES AND ESCROWS
WHEREAS, the Township of East Amwell wishes to increase escrow fees for subdivisions and site plan reviews;
NOW, BE IT ORDAINED by the Township of East Amwell, in the County of Hunterdon, State of New Jersey, that Chapter 92, Land Management Ordinance, Section 92-20, Fees and Escrow Schedule, Item D. Schedule of Fees and Escrows, be amended as follows, changing the strike out fees to the fees in bold:
SECTION ONE. The following changes in escrow amounts are hereby ordained:
§92-20 Fees and escrow schedule
D. Schedule of Fees and escrows.
(1) Subdivision (including clustered, single-family dwelling and exempt agricultural
subdivisions):
(a) Informal subdivision plan (major or minor) conceptual review:
[3] Escrow fee (per new lot created): $500. $1000.
(b) Preliminary subdivision plan (major only):
[2] Escrow fee, per each new lot created: $500. $1000.
(c) Final subdivision plat, major development:
[2] Escrow fee, per new lot created: $500. $1000.
(d) Final subdivision plat, minor development:
[2] Escrow fee, per new lot created: $500. $1000.
(e) Final subdivision plat for boundary line adjustment only:
[2] Escrow fee: $500. $1,000.
(2) Site plan review:
(a) Informal site plan:
[3] Escrow fee (per dwelling unit for residential uses or per acre in the
tract or commercial/industrial or other uses): $500. $1,000.
(b) Preliminary site plan:
[3] Escrow fee (per dwelling unit for residential uses or per acre in the
tract for commercial/industrial or other uses): $1,000. $2,000.
(c) Final site plan, major development:
[3] Escrow fee: $1,000. $2,000.
(d) Final site plan, minor development:
[2] Escrow fee: $500. $1,000.
(e) Site plan application fees and escrows for wireless telecommunications
Installations:
Fee Escrow
If no new tower is $400 $2,000 $4,000
proposed
If a new tower is $1,000 $5,000 $10,000
proposed
Note: If an escrow account falls below 30% of original amount, a request for
additional funds will be made to bring escrow account up to 50% of original
amount.
SECTION TWO. Severability
If any section, subsection, sentence clause, phrase or portion of this Ordinance for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
SECTION THREE. Effective Date
This Ordinance shall take effect, following final passage, upon publication of notice of final passage and the filing of a copy with the Hunterdon County Planning Board.
By Order of the Township Committee,
_______________________
C. Larry Tatsch, Mayor
Attest:___________________________
Teresa R. Stahl, RMC/CMC
Municipal Clerk
Introduced: November 13, 2008
Adopted:
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Motion by Mr. Kneski, seconded by Mrs. Cregar, and it was carried unanimously to approve the introduction of Ordinance 08-18.
The ordinance will be published in the November 20, 2008, issue of the Hunterdon County Democrat, and the public hearing will be set for the December 11, 2008, Township Committee meeting at 7:30 p.m.
SPECIAL DISCUSSIONS - None
SPECIAL COMMITTEE REPORTS
WASTEWATER QUALITY MANAGEMENT PLAN (WQMP) UPDATE: Mr. Kneski commented on attending the October 27, 2008, meeting at Hunterdon County, with the following highlights: In May 2008, the NJ DEP promulgated new WQMP regulations, and Hunterdon County will "quarterback" the development of the County-wide plan; the purpose of the meeting was to discuss rules and regulations; the meeting was very well attending by municipalities, and the East Amwell ad hoc committee attended the meeting; Engineer Dennis O'Neal also attended, representing East Amwell Township, and he provided informative material to the County on East Amwell's behalf; the Hunterdon County Planning Board will be overseeing the project; digital mapping was provided to each municipality, and Engineer O'Neal is reviewing the material at this time to make sure that the zoning, land use and environmental regulations are in concert with local planning schemes; the deadline for the WQMP is April 7, 2009, and there has been some discussion about having the COAH (Affordable Housing) deadlines (which are earlier) tying into the same date; the County is looking into extending the April 7th deadline, and they may ask the NJ DEP for an extension.
Mr. Kneski continued with the following highlights: there is a Hunterdon County steering committee which meets either monthly or every other month, and they are looking for a municipal representative; the ad hoc committee recommended that Engineer O'Neal be appointed to their committee to be the representative to provide the necessary expertise; the County is requesting that the digital maps be updated by November 26, and Engineer O'Neal is working under that deadline; Mr. Kneski recommended "keeping an eye" on the County's activities, "especially with COAH in the background."
Mr. Cushing asked if the County would have the authority to designate a sewer service area if the Township objects. Mr. Kneski commented on the County looking for information and tying in the update plans of municipalities, based on zoning and other criteria, which will be evaluated by the county steering committee.
Mr. Cushing commented on the WQMP as a planning document for determination, and a designated sewer service area is a vital part of it. Developers can either tie into a system or extend the system, and he questioned the County's authority on making the policy determination for sewers. Mr. Kneski said that the planning is in initial stages only, with the intent of getting updated information from municipalities to update their local WQMPs, basing them on zoning, and the information will be reviewed by the County steering committee. Comments were made about the possibility of looking for high density areas and provisions to zone for sewer service areas. It was also noted that the COAH plans, which must be approved prior to April 7, ties into the WQMP regulations, and the County would like to try to tie the both together.
Mr. Cushing commented on his concern that the developer could petition the County, as the planning agency, to change the sewer service area or designate an area to accommodate the developer's needs, bypassing the municipality. Mr. Kneski commented on the importance of having a municipal representative on the steering committee involved in decision-making. Mayor Tatsch commented on home rule, asking if the County's actions could supercede. Mr. Cushing voiced his concern that if the sewer service area was expanded, the developer could argue greater densities or challenge existing zoning as irrational on the grounds that it was possible to have sewers in the area, i.e., arguing that 10-15 acre zoning is not rationale because of septic and well constraints. All agreed that promoting preservation of farmland and open space was very important.
The Township Committee agreed that Engineer O'Neal does not have to be appointed to the ad hoc committee, but could be appointed as the representative to the County Steering Committee to represent East Amwell Township's interests. Mayor Tatsch explained that he would be working as the Township's professional, and it was important to watch fees involved with the project. A recommendation was made to contact Mr. O'Neal to ask for an estimate of the fees for this project. The Clerk will check to make sure that a copy of the digital maps from the County are on electronic file in the Township.
UNFINISHED BUSINESS
TOWNSHIP ADMINISTRATOR’S UPDATE
1) Municipal Building: Staff members have moved upstairs and everything “is pretty much done.” Clerk’s Office staff members are getting desks, which are in the operating budget. The conference room is set up, and it was used satisfactorily for elections. Mrs. Cregar mentioned that the Farmland/Open Space Preservation Committee also used the room, and the room needs a clock. Mr. Matheny explained some of the items, which will eventually be in the room, e.g., pictures, whiteboard, perhaps a projection screen in the future, etc. The Office of Emergency Management may be using the room as a command center someday, and there may be grant funding available to get some equipment.
2) DPW Search: The Department of Public Works (DPW) is seeking a Superintendent and an employee. Applications were accepted until October 31. Mr. Matheny reviewed the applications for the superintendent’s position, and five candidates who met the qualifications were interviewed on Wednesday; a sixth candidate will be interviewed on Friday morning. There are some promising candidates, and Mr. Matheny will follow up. There is a second layer of applicants to consider for the position also, if there is a need to continue the search.
3) Probationary Employees: Acting Superintendent Kadezabek recommended to Mr. Matheny that the Superintendent’s position have a one year probationary period. Mr. Matheny agreed that it would give the Township an opportunity to see the employee’s performance in a full season, including the budget process. He would like to see the one year probationary period for all new employees. He asked the Township Committee for their comments. Mr. Kneski spoke with Mr. Kadezabek and Mr. Matheny about this, and he agreed that it would give an opportunity to see the performance in four seasons, and this is a typical time period in most municipalities. Mr. Kneski was “on the fence” on having a one year probationary period for the rest of the administration. Mayor Tatsch and Mrs. Cregar were in favor of the one year probationary period also. Mr. Cushing did not see a “downside” for the one year probation, as long as there were no tenure issues; statutory employees are covered separately in the policy.
A motion was made by Mr. Kneski, seconded by Mrs. Cregar, and it was carried unanimously to increase the probationary period from six months to one year for all employees.
4) Road Salt Advisory: Mr. Matheny explained that Hunterdon County awarded a contract under the cooperative purchase for Snow and Ice Control Materials, and the purchase of salt is approximately $67.00 per ton. Acting Superintendent Kadezabek has recommended the purchase of 300 tons at a cost of $20,300, which under the bid threshold, and it can be awarded by the Purchasing Agent without a governing body resolution. Mr. Kadezabek expects to take delivery of 75 tons at this time, and he will only order if necessary (i.e., the purchase order can be cancelled if not needed). The contract terms are November 2008 through November 2009. Salt will be mixed with cinders for application on specific roads. Mr. Matheny commented on the amount of the purchase being closed to the bid threshold, and he wanted to keep the governing body informed. Committee members were supportive of this action.
5) Back Brook Road and Purchase of Mason Dump Truck: Mr. Matheny spoke about emails being exchanged about the cost of the repair, with a $150,000 grant being received from the NJ DOT. There is an approved ordinance for $165,000 for the project, and there have been some discussions with the engineer about scaling back the work and doing less. The work will still require the DPW members to blacktop first before the overlay. The engineer will do additional work on the design at an additional cost. The Treasurer is recommending putting in $10,000 to increase the amount to $175,000; money not used in the ordinance can be cancelled at a later date. The work is on schedule to be completed in the spring. The original project scope was larger, but the intent is to do less paving on the road. Mr. Kneski asked if cutting back the project scope would jeopardize the state grant; Mr. Matheny said that the engineer did not think so, and Mr. O’Neal was "comfortable" with the plan.
Mayor Tatsch stated that this road project was discussed in the past about the reduction of scope. Mayor Tatsch also commented on hearing that the State may have a budget shortfall of $1.3 Billion Dollars, and he was concerned about how it would affect state funding, including CMPTRA and state police. He mentioned the tax appeal by The Ridge at Back Brook and current negotiations. He felt that "it was shaping up to be a very difficult budget year," and he personally thought it was a good idea to postpone the purchase of the dump truck for a few months if the bidding process had not yet started.
Further discussion about budget constraints and projects took place, with the following highlights: Mr. Kneski also expressed concerns about hard decisions on next year's expenditures; Mayor Tatsch commented on tight budgeting next year; Mr. Tatsch asked about getting an extension on the Back Brook Road project since there is a limited DPW right now; Mr. Matheny noted that the engineer has previously advised that the NJ DOT likes to see municipalities doing road projects with grants in order to qualify for additional grant funding, and there is an application for the Lindbergh Road project pending; Mr. Matheny said that there is no jeopardy in doing the Back Brook project in the spring. All were in agreement that investing $25,000 of municipal funding to supplement the $150,000 state funding was a worthwhile investment. Mr. Matheny summarized that the decision was that he would tell the engineer to do the preliminary work on the Back Brook project, and an ordinance would be prepared for the additional funding; the governing body agreed.
Mr. Matheny asked to clarify that the Township Committee did not want to go forward with the bid on the truck yet. Mayor Tatsch and Mr. Kneski agreed to wait, and Mrs. Cregar asked what would happen if there was a big snow storm. It was noted that the older mason dump already lost its brakes. Mr. Matheny explained that the truck was not for this year’s snow season, and there is a 120 day delivery on the custom built truck. It was agreed that the Township Committee would know by spring time if they would consider buying the truck during the summer of 2009 in time for the following winter season.
6) Hunting on Township Property: Mayor Tatsch was contacted by a resident asking about bow hunting on the Township owned property on Welisewitz Road. He explained the location of the 7-8 acre parcel near the Neshanic River, which was one of the first Township purchases for preservation. Currently people walk the property, there are horse trails through it, and there is some hunting in the area. Mayor Tatsch asked Mr. Cushing about the ramifications if no comments were made.
Mr. Cushing referenced the park ordinance, and he asked if the property was considered a park. Some discussion took place on the differences between passive and active recreation and on the distance of the property from residential sites. The property is largely wooded, but it is a long narrow piece with nearby residences. Mr. Cushing read the park ordinance, which does not allow firearms or targets; he also noted that it could be ambiguous if the Township does not take a position. Mr. Kneski asked if there were other municipally owned properties where hunting was or was not allowed; he also would prefer that if a decision was made to allow hunting on the property, neighbors within 200 feet should be notified. Mayor Tatsch was concerned about the question being raised now since hunting has taken place there for a long time, i.e, once someone asked permission and they were advised that they could not hunt. He also noted that one form of hunting could not be excluded from another. D & R Greenways does not allow hunting, but there is special permit hunting on some other preserved lands in the municipality; Mr. Cushing suggested checking with D & R and other agencies for guidelines and policies.
Mr. Kneski concluded that he would not like to see hunting on the property because of the composition of the neighborhood and the use of the area (i.e., walkers, horses, etc.). Mrs. Cregar also agreed with him. Mr. Cushing said that the property could be considered a park and no hunting would be allowed, as outlined in the park ordinance; he explained that the current language as to what was a park is ambiguous since it does not define clearly what a park is. Hence, if the Township Committee believes the land in question fits within the definition of a park, then hunting would be forbidden; if they don’t believe that it fits the definition of a park, then the ordinance would not bar hunting.
The conclusion of the discussion was that a letter would be sent to the resident that the issue was discussed by the Township Committee at length and due to the multitude of uses of the property, including equestrian, hiking, etc., and the narrowness near the stretch of the stream, it was inappropriate to allow hunting on the property. The Mayor will review the letter before mailing.
7) Municipal Roof and Front Rail: The roof repair over the DPW garage has been completed, and the DPW employees (Bob Kadezabek and Joe Adamow) removed all the chipped paint from the rail in front of the building. All were in agreement that they did a great job.
STANDING COMMITTEE REPORTS
ENVIRONMENTAL COMMISSION:
1) Shade Tree Federation: The Environmental Commission provided their 11/9 memo stating that they did not wish to participate in the federation, which may not be applicable to smaller municipalities.
2) Contractors and Recycling: The Environmental Commission provided their 11/9 memo, asking that future contracts offered by the municipality mandate recycling by the contractor. There have been complaints about the amount of recyclable material placed in the Dumpster in front of the building. Mr. Matheny said that the municipal building contractor had previously advised him that there would be difficulties in having passers-by put materials into the open Dumpsters, which may have been some of the problem.
.UNFINISHED BUSINESS, Continued
SPRING HILL ROAD - AMENDMENT TO THE INTER-LOCAL AGREEMENT WITH MONTGOMERY TOWNSHIP FOR ROAD PROJECTS
The amendment to the interlocal agreement for the Spring Hill Road project was reviewed by the Township Engineer and prepared by the Township Attorney. The amendment includes an increase in cost for the project due to the change in contractor and it authorizes the NJ DOT to provide all the grant money for the multi-jurisdictional project to go directly to Montgomery Township.
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RESOLUTION #185-08
AMENDMENT TO INTERLOCAL SERVICES AGREEMENT
FOR THE RECONSTRUCTION OF
WITH THE INSTALLATION OF DRAINAGE IMPROVEMENTS
THIS AMENDMENT, made as of the_______________ day of______________ 2008, between and among the Township of Montgomery, with offices at 2261 Van Horne Road, Belle Mead, New Jersey, and the Township of
WHEREAS, the Participants entered into an Interlocal Services Agreement dated August 7, 2008 (the “Agreement”)for the reconstruction of Spring Hill Road with the installation of Drainage improvements (the “Project”); and
WHEREAS, subsequent to the signing of that Agreement, the lowest bidder for the Project withdrew its bid; and
WHEREAS,
WHEREAS, these negotiations resulted in a change in the estimated cost of the project from the figures included in the Agreement; and
WHEREAS, also subsequent to the signing of the Agreement, the New Jersey Department of Transportation requested that it be permitted to pay East Amwell’s local aid grant amount directly to Montgomery Township; and
WHEREAS, the Participants are agreeable to the proposed change in the way
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Participants modify the Agreement as follows:
1. Paragraph 3 of the Agreement is modified to read as follows:
3. The estimated cost of the construction project is $2,498,894.
2. Paragraph 5 of the Agreement is modified to read as follows:
5. The Participants in the reconstruction project will contribute to the estimated cost of the reconstruction project as follows:
-
-
A. The foregoing estimated construction costs are based on engineers’ estimate using the estimated quantities and unit prices for the work for each Participant. The actual cost to each Participant will be based on the actual quantities times the unit costs set forth in the lowest responsible bid constructed using the amounts set forth in the lowest bid for each quantity (“Actual Construction Cost”). As a result, the cost for construction of all work within
B. Upon the receipt of bids for the reconstruction project, the Montgomery Engineer will supply copies of the lowest bid to the engineer for
C. Once the reconstruction project begins,
3. Paragraph 6 of the Agreement is amended to read as follows:
6. Each of the Participants has received a local aid grant from the State of
-
-
Each Participant shall credit its local aid grant share to that Participant’s share of the project. At the request of the NJDOT,
4. Except as modified herein, the remaining provisions of the Agreement remain in full force and effect.
By Order of the Township Committee,
___________________________
C. Larry Tatsch, Mayor
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Motion by Mr. Kneski, seconded by Mrs. Cregar, and it was carried unanimously.
RESOLUTION FOR LOCAL GOVERNMENT ENERGY AUDIT (See 10-23-08 Minutes for Background)
Mr. Kneski commented on some of the criteria for the application to the state, including the adoption of the resolution and a facilities use sheet, which will accompany it.
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RESOLUTION #186-08
EAST AMWELL TOWNSHIP
RESOLUTION FOR
LOCAL GOVERNMENT ENERGY AUDIT
WHEREAS, the New Jersey Board of Public Utilities, Office of Clean Energy administers the Local Government Energy Audit Program (Program), an incentive program to assist local government agencies to conduct energy audits and to encourage implementation of energy conservation measures; and,
WHEREAS, the Governing Body of the Township of East Amwell has decided to apply to participate in the Local Government Energy Audit Program; and,
WHEREAS, the facilities to be audited are in New Jersey, are owned by the Township of East Amwell, are served by a New Jersey regulated public utility, and that the Township of East Amwell has not already reserved $100,000 in the Program this year as of this application; and,
WHEREAS, it is acknowledged that acceptance into the Program is dependent on the Scope of Work and cost proposal, and that Program rules will have to be met in order to receive incentive funds; and,
WHEREAS, upon acceptance into the Program, the Township of East Amwell will prepare Facility Data Forms and Scopes of Work for each facility to be audited, solicit quotations from the authorized contractors, and submit the Part B application; and,
WHEREAS, the Township of East Amwell understands that energy audit work cannot proceed until an Application Approval Notice is received from the Program;
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of East Amwell approves the submission of an Application for participation in the Local Government Energy Audit Program of the New Jersey Board of Public Utilities.
By Order of the Township Committee,
_________________________________
C. Larry Tatsch, Mayor
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Motion by Mrs. Cregar and seconded by Mr. Kneski to adopt the resolution. Comments were made that the resolution affirms that the Township is entering into the program and does not bind the municipality to any cost at this time. If the municipality finds that there are ways to effectively save money with a reasonable payback, it may make sense to proceed. The motion was passed unanimously.
Mayor Tatsch explained that participation in this audit is part of the work of the brainstorming sessions on ways to save money and to work better and faster. State funding is available through the NJ Bureau of Public Utilities, and the program was previously discussed by Mr. Kneski, Mr. Martin, and resident Connie Hughes as part of the Township's studies on solar power options.
OPEN TO THE PUBLIC
Motion by Mr. Kneski, seconded by Mrs. Cregar, and it was carried unanimously to open to the public.
Andrea Bonette, 17 Ridge Road, commented on two gentlemen who have hunted on her property for twenty-five years, and they hunt both morning and afternoon.
Mrs. Bonette also questioned the bill on the bill list for the purchase of a new Santa suit at a cost of $92.50. Mrs. Bonette had previously donated a special Santa suit to the Township and asked what became of it. The Clerk will get back to her.
Frances Gavigan, 123 Wertsville Road, commented on the construction on Back Brook Road slated for next spring. She reminded the Township Committee that Hunterdon County plans to shut off a portion of Wertsville Road for 6-8 months, and she did not believe anyone would use Manners Road as a detour. She stated that two roadways would be impacted during dual construction. Further comments included the following: impacting local roads was a good argument; restricting the County to repairs only is one option; she spoke about the County's “WPA program”; she discussed road repairs with Delaware Township representatives, who had the same problems with the County straightening out roads; she commented on the Dunkard Church bridge repair; she mentioned an article in the Hunterdon County Democrat about the new NJ DOT official; she suggested contacting Congressman Holt about stopping the work on Wertsville Road; she suggested using County funding for other repairs, such as sandblasting the bridge on Van Lieu's Road; she commented on sending emails about road problems; she felt that the Wertsville Road project was "a waste" of tax dollars; she felt that the project would have a negative impact on the businesses on Wertsville Road.
Mayor Tatsch commented on the project being proposed a number of years ago and now resurfacing. The Clerk reminded the governing body that they have had correspondence within the last year or so listed on the agenda and available to the public.
A recommendation was made to have Mr. Matheny contact Hunterdon County Roads, Bridges and Engineering and ask them to attend a public meeting to brief the Township Committee on their current status, including how soon the project will begin, detour information, mitigation, and other avenues of approach.
Mayor Tatsch commented that he was recently misquoted in the Hunterdon County Democrat; he was aware of the bridge project. Ms. Gavigan also mentioned being misquoted.
Ms. Gavigan suggested looking at the structural reports for the bridges to determine if they justify the disruption being proposed. She suggested more public comments and holding off the project because of the economic impact to local businesses.
Motion by Mrs. Cregar, seconded by Mr. Kneski, and it was carried unanimously to close to the public.
NEW BUSINESS
RESOLUTION TO ENTER EXECUTIVE SESSION
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RESOLUTION #187-08
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 contracts, 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 Mrs. Cregar, seconded by Mr. Kneski, and it was carried unanimously to approve the resolution.
Executive session began at 9:05 p.m.
The regular meeting resumed at 9:45 p.m., and Mr. Cushing left the meeting at this time.
PROFESSIONAL SERVICES FOR 2009 - DECISION ON PAY TO PLAY/NON-FAIR AND OPEN CONTRACTS OR REQUESTS FOR PROPOSALS
As discussed after the presentation of Administrative Reports, the Township Committee will proceed with the pay-to-play letters to professionals. Mr. Matheny will look into fees for professionals in other municipalities and make some phone calls.
BILLS OF THE EVENING
TREASURER LUHRS provided the bills of the evening and a statement of cash on hand. Motion by Mrs. Cregar, seconded by Mr. Kneski, and it was carried unanimously to approve the bills of the evening.
Treasurer's Resolutions:
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RESOLUTION #188-08
WHEREAS, N.J.S.A. 40A:4-58 permits appropriation transfers during the last two months of the current 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
Public Health Service
Salaries & wage $1,500.00
Public Health Service
Other expenses $1,000.00
Agricultural Advisory Committee:
Salaries & wage $ 500.00
Public Buildings & Grounds:
Other expenses $1,500.00
Environmental Commission:
Salaries & wage $ 200.00
Recreation Services & Programs
Salaries & wage $ 300.00
Total $2,500.00 $ 2,500.00
By Order of the Township Committee,
____________________________
C. Larry Tatsch, Mayor
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Motion by Mrs. Cregar, seconded by Mr. Kneski, and carried unanimously to approve the resolution.
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RESOLUTION #189-08
WHEREAS, the Acting Public Works Superintendent of the Township of East Amwell has approved the refund of the following driveway bond,
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of East Amwell that the Treasurer is authorized to issue a refund check to the following applicant:
Applicant Amount of Refund
James Fay $1,500.00
James H. Reed $2,500.00
By Order of the Township Committee,
___________________________
C. Larry Tatsch, Mayor
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RESOLUTION #190-08
WHEREAS, it ahs been determined by the Board of Health of the Township of East Amwell that the following witness fees can be refunded;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell that the Treasurer is hereby authorized to refund the following amounts to the applicant:
Applicant Amount of Refund
Ian T. Michals $500.00
Randy Niederer $500.00
By Order of the Township Committee,
_____________________________
C. Larry Tatsch, Mayor
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Motion by Mrs. Cregar, seconded by Mr. Kneski, and it was carried unanimously to approve the resolutions.
TAX COLLECTOR HYLAND provided her October 2008 report; there were no resolutions.
All other reports were noted for filing.
Mrs. Cregar asked whether there was a zoning violation with the number of cars for sale on the property adjacent to the municipal building, and some comments were exchanged between the governing body members. Mr. Matheny will asked the Zoning Officer to investigate; the vehicles may or may not belong to the current owner of the property. Mrs. Cregar also commented on another violation she was familiar with in the village area.
CORRESPONDENCE
There were no comments on the correspondence listed on the agenda.
The Township Committee discussed the new procedure of emailing correspondence and documents by the Clerk. Mr. Kneski suggested better labeling of electronic minutes (i.e., there were five sets of minutes in a recent communication) and to send them in 8.5 x 11 format. Mr. Matheny is looking at the scanner recommended by Mr. Martin at the last meeting, and it will be the Deputy Clerk's responsibility to scan documents to send to the Clerk for dissemination. Mr. Matheny suggested labeling documents for the committee meetings so that they could be archived appropriately on individual computers.
Mrs. Stahl reminded the governing body that they adopt a resolution at reorganization to allow the public to get an email copy of the Township Committee agenda if requested. She stated that resident Gavigan is currently on her email list. Mrs. Stahl also reminded the Township Committee that the Township Attorney previously provided advice that it was not appropriate to send draft minutes before the meetings since they may be changed at the meetings; the public would be aware of the changes only after the meeting at which they were approved. Mayor Tatsch commented that this discussion was held at the Planning Board meeting last night. The governing body agreed that it would be inappropriate to send draft minutes prior to the meeting, and they noted that final minutes are posted on the website.
ADJOURNMENT
There being no further business, a motion was made by Mrs. Cregar, seconded by Mr. Kneski, and it was carried unanimously to adjourn the meeting at 10:05 p.m.
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Teresa R. Stahl, RMC/CMC
Municipal Clerk