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 Judith Kopen were also in attendance.
In compliance with the Open Public Meetings Act, Municipal Clerk Teresa R. Stahl announced that this is a regularly scheduled meeting, pursuant to the resolution adopted on January 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 March 10, 2009.
The meeting opened with the Pledge of Allegiance to the American Flag.
AGENDA REVIEW
Three items of correspondence were added: 3/10 Letter from NJ COAH on Petition for Certification, 3/10 Notice about NCRS grant Funding for Floodplains, and 3/10 Email from Engineer O'Neil about Right of ways and Easements on Lindbergh Road.
Two announcement changes were made: Comcast Representatives will attend the April 9 Township Committee meeting instead of the March 26 meeting. The East Amwell Township Electronics Recycling Day on April 4 has been cancelled, and residents are urged to attend the Hunterdon County Electronics Collection Day on March 28 at the Hunterdon County Complex.
ANNOUNCEMENTS
A. The Township Committee will hold a special meeting on Wednesday, March 18, 2009, at
7 p.m. to discuss the 2009 Budget with the Township Administrator and the CFO/Treasurer.
B. Comcast Representatives will be attending the April 9, 2009, Township Committee
meeting at 7:30 p.m. to discuss Comcast Cable in East Amwell Township. Members of
the public are invited to comment. Mayor Kneski added that the representatives are
coming as part of their contract provisions, which include quarterly appearances at the
Township Committee to address concerns raised from information the Committee has
collected.
C. 2009 Dog Licenses are now over due: $12/altered dog; $15/non-altered dog - the rabies
inoculation must cover the entire licensing period. A $25 late fee is imposed for all licenses after March 1, 2009. Call 908:782-8536 x 10 for further information.
D. The special electronics collection day at the Recycling Depot held on Saturday,
April 4, 2009, HAS BEEN CANCELLED.
E. Hunterdon County will hold a Hazardous Waste day on Saturday, March 14, 2009, and an
Electronics Collection day on March 28, 2009, at the Hunterdon County Complex, on
Route 12, in Flemington. Call 908:788-1110 for details.
APPROVAL OF MINUTES
February 2, 2009, Special Minutes (Budget) were previously approved at the February 26, 2009, Township Committee meeting. However, a correction was suggested to the Clerk by Andrea Bonette, on page 4, bottom of page, item 33 – Stormwater Permit, change "Andrea Bonette" to "Mayor Kneski" and remove the words “the increase in." (For the record, the change was verified on tape.) Motion to approve the change was made by Mr. Tatsch, seconded by Ms. Lenox, and it was carried unanimously.
February 26, 2009, Regular Minutes were approved on a motion by Mrs. Cregar, seconded by Ms. Lenox, and carried with one abstention, Mr. Martin.
OPEN TO THE PUBLIC (for Comments from the Public for Items Not on the Agenda)
Andrea Bonette, 17 Ridge Road, read a portion of a prepared statement, which she will provide to the Clerk in electronic form. Her comments, read into the minutes, are as follows: “…The original job description advertised in the newspaper in 2006 described the work schedule as being ‘present in the municipal offices 5 days per week (M-F) sometime between the hours of 9 AM and 3 PM.’ Evidently this stipulation fell by the wayside. The present contract requires at least three in-office days- thirty of those weeks must have four in-office days- and a total work time of at least twenty hours/week. Technically, since all holidays and seminar days can be counted as work days, quite a few weeks could be counted as four-day weeks. For example, according to this employee’s time cards for 2008, these days counted as work days in 2008: New Year’s Eve, New Year’s Day, Martin Luther King Day, Memorial Day, July 4, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving, “Black Friday,” Christmas Day, and Dec. 26. This is in addition to at least eight seminar days, eight vacation days, and 2 ½ personal days counted as ‘work days,’ none of which he was in the Municipal Building.
“I have found that in 2008 there were very few weeks that the T.A. was actually present in the Municipal Building the number of days specified in his contract. In November he was only present four days. The total for the year, (excluding five days of three hours or less), according to my calculations, is 130 days actually present on the premises. Dividing the salary of $54,000 by 130 days, it appears we are paying $415.00 per day for the time that he was present in the office.
“In the last twelve months, out of 24 regularly scheduled meetings for the Planning Board, which only now meets once a month, and Zoning Board, 22 were actually held- one as short as 37 minutes. At these 22 meetings there were a maximum of 9 meetings at which hearings for applicants’ proposals were held. The average length of these 22 meetings was about 2 ½ hours for the Planning Board and 1 hour 40 minutes for the Zoning Board. This employee is paid to work 120 hours per month, including standard vacation, illness, and personal days. It challenges belief that preparation for these meetings and writing the minutes for one or two meetings per month can possibly require 120 hours of work. If the Township Committee is taking a serious look at where cuts could be made, it seems to me that a long look at the employee hours expended on this reduced workload would be a good place to start.
“Additionally, one of our employees has for the last five years, while working twenty hours per week for East Amwell, held a nineteen-hour position with another municipality. Despite my efforts at the time as Mayor to prevent this from happening, the other town has refused to contribute one penny towards this employee’s family health insurance- so our taxpayers have continued to carry the whole burden of over $13,000 per year. The word ‘parasitism’ comes to mind- the other municipality is getting a ‘free ride’ on health benefits at our taxpayers’ expense. I don’t know if there is a way to fix this, but I’d like to see someone take a look at it.”
Mrs. Bonette concluded by asking who was tracking time cards in the office, and she hoped that they would look at the figures. Mr. Tatsch stated that the Township Administrator tracks the time cards. Mrs. Bonette then asked who tracked the Township Administrator's time cards; Mayor Kneski stated that the Township Committee is looking at them, as far as he understands.
Frances Gavigan, 123 Wertsville Road, commented on living in the Township since 1995, and she commented negatively on the personal attacks on Mary Hyland and Maria Andrews and other issues in Mrs. Bonette's statement. She was present at a number of meetings when the issues were discussed, and she found Mrs. Bonette's remarks disingenuous. She stated that Mrs. Hyland's insurance coverage was already discussed, and Ms. Andrews is involved in litigation with someone with whom Mrs. Bonette has a personal relationship. Ms. Gavigan mentioned problems in the economy, saving money and working smarter without targeting people who are trying to survive in this economy. Ms. Gavigan did not know the Township Administrator's hours but felt that "he was earning his money," rhetorically questioning whether there was more that could be done. She concluded that the focus should not be on personalities, grudges and agendas that are not satisfied.
Mrs. Bonette commented on Ms. Gavigan's tendency to negate Mrs. Bonette's remarks at many meetings. She concluded that her remarks do include personal feelings, but that the numbers and statistics are objective, public facts. If the Township Committee chooses to dismiss her, it was the Committee's choice.
Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.
Mr. Tatsch added that the Planning Board is saving $10,000 over the previous Planning Board Administrator's salary, which was part of the issue not noted in tonight's public comments, and the Planning Board job "is getting done in a quality manner."
SPECIAL DISCUSSIONS
RESOLUTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL ISSUES
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RESOLUTION #50-09
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 personnel issues; and
WHEREAS, minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then minutes can be made public;
NOW, THEREFORE, BE IT RESOLVED that the public be excluded from this meeting.
By Order of the Township Committee,
___________________________
Peter Kneski, Mayor
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Motion by Mr. Martin, seconded by Mrs. Cregar, and it was carried unanimously to approve the resolution.
Executive Session began at 7:50 p.m. Darlis Maksymovich was present during the executive session.
The regular session resumed at 8:05 p.m.
DISCUSSION WITH CONSTRUCTION OFFICIAL STEWART DODDY ABOUT 2009 CONSTRUCTION FEE INCREASE REQUEST AND BUDGET Construction Official Stewart Doddy was present at this time.
Mr. Kneski explained that Mr. Doddy's appearance tonight stems from a letter to increase fees for permits, and it was determined that he should come before the Township Committee to discuss the necessity to increase fees and other matters pertaining to his department. Township Administrator Matheny had provided Mr. Doddy with his March 3 memo outlining some questions.
Mr. Doddy explained that fees are not covering expenses due in part to the fact that there is not much building taking place. He was suggesting a fee increase comparable to surrounding municipalities, including Raritan Township and with state fees (although the state is once again raising their fees). He stated that the last time he recommended raising fees was in 2006, and the Township Committee at that time did not receive the information well. The suggested fees are the same as Raritan Township and Franklin Township, and state fees (including a training fee) is also included in the revision.
Mr. Doddy continued with the following highlights: the fee for volume would be increased from .020 to .027 (a 26% increase); the bulk of fees come from new houses, which are down; if there is a good year with surplus, it is put into a special account to cover and augment in bad years; he is working at a deficit; there are some permits being issued, e.g., solar panels, basements, changing furnaces and water heaters to high efficiency units, etc.; he outlined proposed increases in the ordinance, e.g., increasing minimum fees to $46; increasing the per thousand fee from $15 to $24; plumbing fixtures increase from $25 to $65; electric fees are the same; the Construction Official can offer variations for work that does not comply, with a specific fee; etc.
Mr. Tatsch asked Mr. Doddy how much revenue the new fees would generate; Mr. Doddy could not forecast. Mr. Doddy mentioned having a 2008 year end of 510,038 cubic feet, but this included a .0008 cent cost for agricultural barns with a maximum of $1,145, and he would have to review all permits to give an accurate accounting. He provided an example of a new home going up on Manners Road, which might generate $4,000 in fees and for a $30,000 finished basement, the fee would increase from $150 to $750 “to mirror the state figures.”
Mr. Tatsch asked what the gap was in 2008 between what was taken in and costs, and how would the new increases fill the gap. Mr. Doddy said that the new fees would not cover the gap, that he could not predict the number of permits, and there was a $53,000 loss last year. He explained that this trend "is happening all over."
Mayor Kneski asked about filling the gap if the problem continues for the next two to three years. Mr. Doddy offered a few suggestions, including reducing his work week from 5 days to 2 or 3, consolidating the inspections to limit driving/mileage expenses, and using multi-licensed inspectors to make the inspections. He was unable to give a dollar savings by doing this.
Mr. Doddy provided an example involving barn construction, noting that inspectors do their jobs to ensure safety. He stated that the Department tries their best to do work as efficiently as possible. He has spoken with the sub-construction officials, and "they are willing to take a hit in pay" but they believe that every department should "take a hit," and "that is was not fair … they are performing … and doing the best we can," including taking a pay reduction and stream lining inspections.
Mr. Doddy commented that his policy "is softball rather than hardball," explaining that he has the authority to institute fines up to $2,000 for violations. He would rather make phone calls and send letters to residents to comply rather than assess fines. He reminded the governing body that once permits are closed out, the information goes to the Tax Assessor for taxation purposes.
Mayor Kneski agreed that the increase in fees was appropriate. He recommended that the Construction Department look at alternative ways to keep costs down. Ms. Lenox thanked Mr. Doddy for coming to the meeting tonight, and she liked the idea of consolidation. Mr. Tatsch suggested that Mr. Doddy work with Mr. Matheny on the recommendation of reducing the number of days of work and provide it in writing so that the information could be discussed during the budget process.
INTRODUCTION OF ORDINANCES/PUBLIC HEARINGS
Introduction of Ordinances:
ORDINANCE #09-02
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EAST AMWELL TOWNSHIP
COUNTY OF HUNTERDON
ORDINANCE # 09-02
AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF EAST AMWELL, CHAPTER 50, ALCOHOLIC BEVERAGES, SECTION 50-2, ANNUAL FEE
BE IT ORDAINED by the Township Committee of the Township of East Amwell, in the County of Hunterdon, State of New Jersey, as follows:
Section 1. Section 50-2 of Chapter 50, Annual Fee, of The Code of the Township of East Amwell, is hereby amended to change the licenses fees of $2,000 for a plenary retail consumption license to $2,400 and a club license from $60 to $72, to read as follows:
§50-2. Annual fee.
Plenary Retail Consumption License Fee: The annual fee for Plenary Retail Consumption License to sell alcoholic beverages within the Township of East Amwell, County of Hunterdon, State of New Jersey, shall be $2,400.00.
Club License Fee: The annual fee for a Club License to sell alcoholic beverages within the Township of East Amwell, County of Hunterdon, State of New Jersey, shall be $72.00.
Section 2. This ordinance shall take effect upon publication according to law.
By Order of the Township Committee,
_________________________
Peter Kneski, Mayor
Attest:________________________
Teresa R. Stahl, RMC/CMC
Municipal Clerk
Introduced: March 12, 2009
Adopted:
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Mrs. Stahl explained that the municipality may increase ABC fees 20% from the previous year's fees, and the fees have not increased since 1990. The current plenary license fee, which was $2,000 will increase to $2,400, and the club license fee will increase from $60 to $72. The maximum allowed by the state for the plenary license is $2,500.
Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to approve the introduction of Ordinance 09-02. The ordinance will be published in the March 19, 2009, issue of the Hunterdon County Democrat, and the public hearing is set for the regular Township Committee meeting on April 9, 2009, at 7:30 p.m.
ORDINANCE #09-03
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EAST AMWELL TOWNSHIP
ORDINANCE 09 - 03
THE 2009 SALARY AND WAGE SCHEDULE
BE IT ORDAINED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, as follows:
SECTION ONE: The following shall be the rate and ranges of compensation for the officials and employees of the township for the year 2008.
SALARIED:
Mayor $ 3,473
Township Committee members $ 3,015
Township Administrator $ 50,210 - $54,514
Tax Assessor $ 24,158 - 32,699
Tax Collector $ 27,569 - 37,350
Treasurer/CFO $ 25,932- 34,699
Municipal Clerk $ 39,098 - 53,700
Payroll Clerk $ 1,776 - 3,524
Zoning Officer $ 11,417 - 12,492
Construction Official $ 23,932 - 32,699
Electrical Subcode Official $ 10,514 - 15,194
Plumbing Subcode Official $ 7,019 - 9,922
Fire Protection Subcode Official $ 5,271 - 7,611
Magistrate - East Amwell's ½ share $ 8,372 - 8,964
Court Administrative Officer - ½ share $ 18,097 - 24,524
Director of Public Assistance $ 2,001 - 2,932
Public Defender $ 958 - 1,297
Prosecutor $ 10,684 - 11,445
DPW Superintendent $ 66,425 - 72,686
(With over-time provided beyond 300 hours of over-time)
COAH Municipal Housing Liaison $ 7,946 - 8,694
Animal Control Officer $ 7,000 - $11,000
HOURLY:
Alternate Zoning Officer $ 35.00/hour
DPW Supervisor $ 21.14 - 28.19
DPW Employee $ 17.50 - 25.93
Extra DPW Employee, temporary as necessary $ 8.17 - 20.30
Grounds Maintenance $ 8.17 - 17.76
Deputy Clerk $ 15.79 - 22.27
Board of Health Administrative Officer $ 15.22 - 25.93
Construction Secretary $ 15.22 - 21.14
Office Assistant/Road Dept. Secretary $ 14.09 - 20.01
Assistant Tax Collector $ 14.09 - 20.01
Assistant Treasurer $ 15.22 - 25.93
Recycling Coordinator $ 9.58 - 20.01
Planning Board Administrative Officer $ 15.22 - 25.93
Board of Adjustment Administrative Officer $ 15.22 - 25.93
Zoning Secretary $ 9.58 - 20.01
Deputy Court Administrator - East Amwell’s ½ share $ 9.58 - 11.84
Environmental Commission Secretary $ 9.58 - 20.01
COAH Housing Inspector $ 35.00
Farmland/Open Space Administrator $ 15.79 - 22.27
Farmland/Open Space Recording Secretary $ 9.58 - 20.01
Recreation Committee Secretary $ 9.58 - 20.01
Rabies Clinic - Secretarial $ 20.00
Secretarial Services $ 9.58 - 20.01
Agricultural Advisory Secretary $ 9.58 - 20.01
Historic Preservation Secretary $ 9.58 - 20.01
Stormwater Management Secretary $ 9.58 - 20.01
BOARD OF HEALTH FEES:
A. Witnessing Service up to 2 hours $ 50.00
B. Witnessing Service more than 2 hours, up to 8 hours in one day $120.00
C. Witnessing Service after 8 hours in one work day -
(8 AM - 4 PM) for each hour or fraction of hour $ 25.00
D. Surcharge for Saturday or Sunday $100.00
OTHER:
Fire Subcode Official or Substitute - Smoke Detector Inspection $ 25.00
4 Summer Playground Directors (per week) $ 187 - $263
Dog Census Taker(s) $325.00 plus $500.00 for
mileage per district
SUBSTITUTES
Substitute Construction Official $ 24.00
Substitute Electrical Inspector $ 24.00
Substitute Plumbing Inspector $ 24.00
Substitute Fire Code Inspector (except for Smoke Detector Inspections) $ 24.00
Substitute Secretarial Services for Board/Committee Meetings Current Hourly Rate
or $16/hour, whichever
is higher
SECTION TWO: This ordinance shall be become effective upon publication, according to law.
By Order of the Township Committee,
_________________________
Peter Kneski, Mayor
Attest:_________________________
Teresa R. Stahl, RMC/CMC
Municipal Clerk
Introduced: March 12, 2009
Adoption:
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Mrs. Stahl explained that the ranges are the same as last years with no increases, and the ordinance includes language for a dog census taker.
Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to approve the introduction of Ordinance 09-03. The ordinance will be published in the March 19, 2009, issue of the Hunterdon County Democrat, and the public hearing is set for the regular Township Committee meeting on April 9, 2009, at 7:30 p.m.
ORDINANCE #09-04
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EAST AMWELL TOWNSHIP
ORDINANCE # 09-04
AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF EAST AMWELL, CHAPTER 66, UNIFORM CONSTRUCTION CODES, BY CHANGING THE FEE SCHEDULE PROVISIONS CONTAINED IN SECTION 66-2, FEE SCHEDULE
BE IT ORDAINED by the Township Committee of the Township of East Amwell, that Chapter 66, Uniform Construction Codes, be hereby amended as follows:
Section 1. Delete Existing § 66-2 Fee schedule in its entirety and replace with the following:
§ 66-2 Fee schedule
The basic construction fee shall be the sum of the parts computed on the basis of the volume or the cost of construction (as specified below), the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and devices and the number of sprinklers, standpipes, and detectors (smoke and heat) at the unit rates provided herein plus any special fees. The minimum fee for a basic construction permit covering any or all of the building, plumbing, or fire protection work shall be $46.
A. Building fees:
(1) For new construction of warehouses and other buildings for storage purposes where the cubic area of the entire warehouse or other building shall exceed 50,000 cubic feet, and for buildings for recreational facilities, quasi-publicly or privately owned, where the cubic area shall exceed 500,000 cubic feet, the fee shall be $0.008 per cubic foot of building or structure volume. For utility structures and farm buildings the fee shall be $0.0008 per cubic foot for structures on farms, including commercial farm buildings. For all farm buildings the maximum fee is $1,145. For all other new construction the fee shall be $0.027 per cubic foot of building or structure volume, up to and including 500,000 cubic feet and $0.015 of building or structure volume in excess of 500,000 cubic feet provided that the minimum fee in all cases shall be $46.
(2) For renovations, alterations and repairs, $24 per $1,000 of estimated cost of the work, up to and including $50,000. Above $50,000, the additional fee shall be $18 per $1,000 of the estimated cost above $50,000, provided that the minimum fee in all cases shall be $46.
(3) For additions, $0.027 per cubic foot of building or structure volume for the added portion, provided that the minimum fee shall be $46.
(4) For combinations of renovations and additions, the fees will be computed separately as renovations and additions.
(5) The fee for roofing and siding work completed on structures in Use Group R-5 shall be a set fee of $50. The fee for roofing and siding work completed on structures in all other Use Groups shall be $24 per $1,000 of estimated cost.
B. Plumbing fixtures and equipment. The fees shall be as follows:
(1) The plumbing subcode fee shall be $10 per plumbing fixture, device and plumbing stack to be installed. The minimum fee shall be $46. Grease traps or oil separators shall be an additional $65 for each such device. Gas piping, oil piping, water heaters, steam boilers, hot water boilers, water-cooled air-conditioning or refrigeration units, and sewer and water connections shall be an additional $65 for each such device.
C. The electrical subcode fees shall be as follows:
(1) The minimum fee in all cases shall be $46.
(2) Receptacles and fixtures: $36 for the first 50; $6 for each additional 25.
(3) Motors and electrical devices; over one horsepower and up to 10 horsepower, $10; over 10 horsepower and up to 50 horsepower, $46; over 50 horsepower and up to 100 horsepower, $92; over 100 horsepower, $457.
(4) Transformers and generators: over one kilowatt and up to 10 kilowatt, $10; over 10 kilowatt and up to 45 kilowatt, $46; over 45 kilowatt and up to 112.5 kilowatt, $92; over 112.5 kilowatt, $457.
(5) Service panels, entrances and subpanels: up to 200 amperes, $46; over 200 amperes and up to 1,000 amperes, $92; over 1,000 amperes, $457.
(6) Pool permit/storable pool/spa/hot tub: $10.
D. Fire protection devices and hazardous equipment, sprinklers, standpipes, detectors (smoke and heat), preengineered suppression systems, gas- and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, incinerators and crematoriums: The fire protection subcode fees shall be in accordance with the fee schedule as established by the State of New Jersey pursuant to N.J.A.C. 5:23-4.20(c)(2)(iv), and the minimum fee is $46.00.
(1) Sprinklers: installation of up to 20 heads: $65; installation of 21 to 100 heads: $120; installation of 101 to 199 heads: $229; installation of 200 to 400 heads: $594; installation of 401 to 1,000 heads: $822; installation of over 1,000 heads: $1,050.
(2) Standpipe fees: $229.
(3) Fire alarm devices; smoke and heat detectors: $10 each.
(4) Fire suppression systems. The fee for each independent pre-engineered system shall be $92; the fee for each gas- or oil-fired appliance that is not connected to the plumbing system shall be $46; the fee for each crematorium shall be $365.
E. The fee for plan review shall be 20% of the amount to be charged for the construction permit. The amount paid for this fee shall be credited toward the amount of the fee to be charged for a construction permit.
F. The fee for a permit for demolition of a building or structure shall be $65.
G. The fee for a permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be for $65 for residential and $95 for all others.
H. The fee for a permit to construct a sign shall be a flat fee of $2 per square foot of the surface area of the sign, provided that the minimum fee shall be $40. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
I. Certificate of occupancy fees shall be as follows:
(1) The fee for certificates of occupancy for new construction shall be computed as 10% of the construction permit. The minimum fee shall be $25.
(2) The fee for a certificate of occupancy granted pursuant to change of use shall be $40.
(3) The fee for a multiple certificate of occupancy shall be $25 per unit.
(4) The fee for a certificate of occupancy for additions to residences less than 4,000 cubic feet shall be $25.
(5) The fee for the first issuance and the renewal of a temporary certificate of occupancy shall not exceed $30. Exception: There shall be no fee for the first issuance of the temporary certificate of occupancy, provided the certificate of occupancy fee is paid at that time.
(6) Where a written request for a temporary certificate of occupancy is made for reasons other than incomplete work covered by the permit (such as prior approvals from state or municipal agencies), the duration of the temporary certificate of occupancy shall be reasonably consistent with the time required for compliance with the conditions of the prior approval.
J. Permits and inspections for the installation of elevators must be obtained from the Department of Community Affairs.
K. Tents. The fee for tents in excess of 900 square feet or more than 30 feet in any dimension shall be $92.
L. The fee for a permit to construct an in-ground swimming pool shall be $150 and for an aboveground swimming pool shall be $100.
M. Solar heat. The fee will be figured at $15 per $1,000 worth of alteration work.
N. Oil, oil burning and storage units and equipment shall be $46.
O. Miscellaneous fees:
(1) The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $594 for Class I structures and $120 for Class II and Class III structures. The fee for resubmission of an application for variation shall be $229 for Class I structures and $65 for Class II and Class II structures.
(2) The fee for a permit for lead hazard abatement work shall be $140. The fee for a lead abatement clearance certificate shall be $28.
(3) For cross-connections and backflow preventers that are subject to testing, requiring reinspection annually, the fee shall be $46 for each device when it is tested.
(4) Annual permit fees in accordance with N.J.A.C. 5:23-4.20(c)(5).
(5) The fee for a mechanical inspection in a Use Group R-5 structure by a mechanical inspector shall be $43 for the first device and $25 for each additional device.
(6) Fee for asbestos hazard abatement shall be in accordance with N.J.A.C. 5:23-8.9.
(7) The fee for the annual inspection of public swimming pools shall be $60.
P. Permit fees for construction of any permitted building or structure by the Township or any of its respective agencies are waived.
(1) State of New Jersey training fee surcharge for new construction shall be in accordance with N.J.A.C. 5:23-4.19.
Q. In the absence of the Construction Official or a subcode official, an individual having the required license may assume the duties of the above persons.
R. All construction permit fees will be rounded off to the nearest dollar.
S. Additional fees: In any instance where a permit or service is required pursuant to the Uniform Construction Code Act and a fee is established therefor pursuant to N.J.A.C.5:23-4.20 but is not set forth above in this chapter, the fee established by N.J.A.C. 5:23-4.20 shall apply as the fee to be paid to the enforcing agency.
Section 2. The effective date shall be upon publication according to law.
By Order of the Township Committee,
______________________
Peter Kneski, Mayor
Attest:_______________________
Teresa R. Stahl, RMC/CMC
Municipal Clerk
Introduced: March 12, 2009
Adopted:
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Motion by Mr. Martin, seconded by Mr. Tatsch, and it was carried unanimously to approve the introduction of Ordinance 09-02. The ordinance will be published in the March 19, 2009, issue of the Hunterdon County Democrat, and the public hearing is set for the regular Township Committee meeting on April 9, 2009, at 7:30 p.m.
ORDINANCE #09-05
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EAST AMWELL TOWNSHIP
ORDINANCE # 09-05
AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK
WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq. provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and
WHEREAS, N.J.S.A. 40A:4-45.14 provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and
WHEREAS, the Township Committee of the Township of East Amwell in the County of Hunterdon finds its advisable and necessary to increase its CY 2009 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and
WHEREAS, the Township Committee of East Amwell hereby determines that a 3.5 % increase in the budget for said year, amounting to $16,442.54 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and
WHEREAS, the Township Committee of East Amwell hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW, THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of East Amwell, in the County of Hunterdon, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2009 budget year, the final appropriations of the Township of East Amwell shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5% amounting to $56,546.32, and that the CY 2009 municipal budget for the Township of East Amwell be approved and adopted in accordance with this ordinance; and
BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and
BE IT FURTHER ORDAINED that a certified copy of this ordinance as introduced by filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.
By Order of the Township Committee,
_______________________
Peter Kneski, Mayor
Attest:________________________
Teresa R. Stahl, RMC/CMC
Municipal Clerk
Introduced: March 12, 2009
Adopted:
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Mrs. Stahl reminded the governing body that this is the annual ordinance, which the state allows, to increase the cap from 2.5% to 3.5% for budgeting purposes.
Motion by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously to approve the introduction of Ordinance 09-02. The ordinance will be published in the March 19, 2009, issue of the Hunterdon County Democrat, and the public hearing is set for the regular Township Committee meeting on April 9, 2009, at 7:30 p.m.
Public Hearings: None
SPECIAL COMMITTEE REPORTS - None
STANDING COMMITTEE REPORTS
HISTORIC PRESERVATION COMMITTEE: SCENIC BY-WAYS DESIGNATION FOR WERTSVILLE ROAD (See 2/5 & 2/6/09 Minutes for Background) Kat Cannlongo, Chairwoman, was present.
Ms. Cannelongo reminded the governing body about the public meeting a few weeks ago, and as a result, she wanted to give the governing body an update on what the Historic Preservation Committee is doing. She provided the members with a copy of instructions for the designation, and she asked to highlight a few aspects.
Ms. Cannelongo has been in contact with the program coordinator at the NJ Department of Transportation's Landscape Division, who has been very helpful and knowledgeable; she was invited to tour the area with Ms. Cannelongo. There are three or four branches of the designation, including archeological and historical impact; the Historic Preservation Committee will focus on the historical aspects, including connection of hamlets.
Ms. Cannelongo pointed out some of the highlights, including obtaining conceptual approvals and management of the by-way segments, which would mean finding a person at the Hunterdon County level who would be amenable to providing a letter of support for the designation. There would also have to be a commitment for a scenic by-ways management plan. The Historic Preservation Committee would like to develop a program where an iPod could be used to hear a pre-recorded program on the historical foray of the countryside, i.e., the tapes could be checked out at the library and provide specific mile marker designations for historic tales.
NJ Department of Transportation will provide the scenic by-way signs, and they also provide information on federal categories for the designations. Since it is a County road, Hunterdon County will have to provide support. Funding is available for the designation, and there is a section in the overview about monitoring requirements and reports that are due every three years, which the Historic Preservation Committee is willing to do. Jim Davidson, the Township Historian, is currently working on a narrative about the road for the application.
Mayor Kneski noted that part of the process is a long range management plan for the road, i.e., there is a five year time frame from the acceptance by the state for the development of the plan. He would like to know about costs (including consultant and management plan) and the volunteer time involved.
Mr. Tatsch commented on trying to work Hunterdon County "from both ends," i.e., cutting the bridge repair scope and having them agree to the scenic by-way designation. He asked whether the County at some point would be able to sign off and give Wertsville Road responsibility over to the municipality; Mayor Kneski believed that this was a possibility. It was acknowledged that skillful negotiations would be necessary to continue to have the County maintain the road and endorse the scenic by-ways designation; the possibility of incorporating the scenic by-ways designation into the March 25th discussions with Hunterdon County was mentioned. Ms. Lenox commented on maintaining Wertsville Road as a municipal road.
Mayor Kneski invited Frances Gavigan, in the audience, to comment. Ms. Gavigan offered comments, with the following highlights: she has spoken with Shaun Van Doren in Tewksbury Township and with Planner Frank Banisch on scenic by-ways designations in Stockton and Bedminster; getting copies of the designation from Stockton Borough was recommended; she explained the process for the County to receive federal funding for roads and the need to bring them up to current standards; with the scenic by-ways designation, alternative "Green Book" standards can be used, offering Somerset County as an example; she commented on having the March 25th meeting at the County as a negotiating meeting, and seeing all facts and data is important; she commented favorably on Historic Preservation's work on detailing history along Wertsville Road, providing examples, and speaking about the County's responsibility to involve the Historic Preservation Committee in reviewing the road project. The Clerk noted that Hunterdon County delivered the Grubb Report (historical review) to her office yesterday, and she asked if the Township Committee wanted to review it prior to the March 25th meeting or to pass it along to Historic Preservation; copies will be made for distribution tomorrow.
Ms. Gavigan continued, as follows: she believes that the County did not follow the process administratively correct, which was "against the spirit and letter of the law." She commented negatively on County involvement in the project since 2001, and she wanted an opportunity to negotiate with the County and perhaps scale back the project similar to work done in Tewksbury Township. She suggested a pre-meeting with the East Amwell Township representatives prior to the March 25th meeting at Hunterdon County.
Further comments were exchanged between the Township Committee and Ms. Gavigan regarding the approach at the March 25th meeting, the possibility of having the funding available for replacement bridges without road alignment, and negotiating techniques. Ms. Gavigan also spoke about costs involved for the Township, legislator involvement, bridge inspections, the condition of the bridge at Van Lieus and Back Brook, the bridge repair in Tewksbury Township, and repairs to be made to the Van Lieus Road bridge.
Ms. Cannelongo noted that the County has not yet obtained the necessary easements for the work on Wertsville Road, and the Farmland/Open Space Preservation Committee (F/OSPC) discussed this at their recent meeting, especially in light of the fact that the Totten property is preserved. F/OSPC is supportive of the Historic Preservation Committee's efforts.
Mr. Tatsch asked Ms. Cannelongo if she could provide information on consulting costs for the designation, including professionals and the maintenance plan; he stated that conceptually, the Township Committee was supportive. Ms. Cannelongo will contact the State NJ DOT, Tewksbury Township, and Stockton Township for more information. Mayor Kneski provided information on the differences between scenic by-ways and scenic corridors. Ms. Gavigan suggested working with neighboring municipalities to coordinate scenic roads, noting that historic project funding might be available.
UNFINISHED BUSINESS
FOOTPRINT TECHNOLOGY SOLUTIONS: SPECIAL PRESENTATION ON ON-LINE BILLING (See 2/26/09 Minutes for Background) Jose Manso was present for this discussion.
Mr. Manso has 22 years of experience on Wall Street and 4 years in government in the field of technology. The software application, Form Focus, is network based and is a service offered free to government services to allow residents the option of processing documents via e-commerce. As examples, taxes, animal licensing, and construction permits can be offered on line for credit card payments, ACH (Automatic Clearing House), and Paypal. The company will work with the municipalities in program development, and they are currently working with Flemington Borough to set up their water and sewer collections electronically. The company will work with the website administrator to set up a landing page (link), which is hosted by Footprint Technology, and they accept payments on line. Each municipal department can develop their own applications. An incentive is that the municipality receives 10% of the revenue transactions annually. Most ACH transactions are a maximum of $5.00 as a convenience fee. Residents may appreciate the ability to pay electronically. The company collects the revenue, and payments can be put into trustee accounts. The company is currently working with Edmunds for tax collections.
Mr. Martin asked if this was similar to on-line banking; Mr. Manso agreed, adding that his system could allow management and control accounts, including internal controls, document collaboration, report generation, and ability to share transaction information with the municipalities. Footprint Technologies gets paid for each transaction, including 4.95% for credit card transactions and a maximum of $5.00 for ACH transactions. Mr. Tatsch and Mr. Manso exchanged comments on credit card transaction fees; Mr. Manso stated that they only receive 2% of the mandatory 4.95% of a credit card fee.
The program does not include automatic calendar reminders for payments, but it does allow digital signatures, which Mr. Manso explained in detail.
Tax Collector Mary Hyland was in the audience, and she was asked if it was necessary for residents to provide the tax stub with their payments. Mrs. Hyland said no, as long as the block and lot was on the check.
Mr. Manso continued with the following highlights: the company is currently working with the New Jersey Department of Community Affairs on construction department applications and fees, e.g., incorporating fees schedules, working with electronic seals on permits, etc. Mr. Tatsch asked about providing certifications as attached documents in the transactions - some items will still be mailed as a follow up or scanned on-line; Mrs. Stahl asked about dog license processing, noting that the municipality would still have to pay for mailing out the tags - Mr. Manso explained that the company could develop a way to embed postage stamp charges into the system as a "pre-pay"; the company made its first appearance at the NJ League of Municipalities convention in November and will have more visibility next year; they operate in Wisconsin, Illinois, Massachusetts, North Carolina, and Florida as well as New Jersey; they are working with NJ LURAC (Local Unit Reorganization Alignment Consolidation Commission) and Jack Fischer to consolidate municipalities for certain operations; they are also working with NJ Division of Archives and Records Management on electronic archiving; he acknowledged that the system is not for everyone, but there are residents who will take advantage; Mr. Manso provided details on his personal life and business development.
Mrs. Hyland was asked about the percentage of residents who pay by on-line banking; she thought that it was about 15%. Mr. Tatsch thought the system was worth exploring, and a recommendation was made to have Mr. Manso work with the Tax Collector on process details and have Mrs. Hyland report back to the Township Committee.
Mr. Manso continued, offering the following information: he provided an example of tax collecting using the Edmunds system and non-signature documents; he explained the field layout and population of the software with up to five transactions in an account; reports according to municipal specifications can be developed and printed; obtaining residents e-mail addresses to provide alerts was a consideration; the company can place a banner on the Township's website to advertise the service; East Amwell can contact Flemington Borough to discuss their services, and Mr. Manso will provide the Clerk with names of other municipalities who have animal licensing and tax collection services; Mr. Manso will provide a “demo box” to review.
Mrs. Hyland asked about any issues or statutory requirements from the state; Mr. Manso explained that the company is a qualified state vendor and is open to the bid process, and they have “SAS 70” security, i.e., encryption of 28 levels with every transaction protected by a random encryption. Money can go directly into municipal trust accounts to insure Township responsibility.
The Township Committee agreed that Mr. Manso should work directly with Mrs. Hyland on the service availability. Mr. Manso has already provided his email information to the Clerk.
BRIDGES ON WERTSVILLE ROAD: 3/2 LETTER FROM HUNTERDON COUNTY ON MEETING WITH EAST AMWELL TOWNSHIP REPRESENTATIVES Mayor Kneski noted that a meeting with Hunterdon County Freeholders and Engineers has been set for March 25, 2009, at 6:30 p.m. at the County Complex in the Assembly room. He stated that the following East Amwell Township representatives will participate: Mayor Kneski, Committee member Tatsch, Zvi Eiref (Unionville Vineyard co-owner and farmer), June Totten (resident most affected by the changes), Frances Gavigan (resident and Historic Preservation member), Marty Alexander (Amwell Valley Fire Company), and Margaret Case (Amwell Valley - Ringoes Rescue Squad). The Clerk noted that Engineer Jim Martin also called and asked that resident Bob Foster be included; Mr. Martin did not believe that the County would object to having a sixth member of the public in attendance.
Zvi Eiref, in the audience, explained that he has economical issues as the owner of a farm at the corner of Wertsville Road and Rocktown Road, which is a 40 acre horse boarding facility. There are horse lessons with two to three dozen training sessions on a regular basis. Additionally, as part owner of the Unionville Vineyard, road construction will have a negative effect on summer business. He said that the long term goal is to market the vineyard in the Amwell Valley, portraying a farming community and country lane facility; he hoped that the character of the Amwell Valley would be preserved. Mr. Eiref would like to see all the records of the planned changes, and he looked forward to a meeting to exchange ideas. He also liked the idea of the scenic by-ways designation.
Motion by Mr. Tatsch, seconded by Ms. Lenox, and carried unanimously to formalize the appointment of the above mentioned members to the committee to discuss the Wertsville Road bridges.
TOWNSHIP ADMINISTRATOR'S UPDATE
1) 2009 Salary and Wage Resolution: Mrs. Stahl asked if the Township Committee would want to delay the resolution until the March 26th meeting since a portion of the ordinance was based on a reduction in salary for construction officials, which was not completely discussed with the Construction Official earlier in the evening. Mr. Matheny explained that the ordinance sets the range, but the resolution sets the exact salary and is easier to amend, once the ordinance is in place. He mentioned that in discussions with Mr. Doddy, they discussed a reduction in salary for construction officials but not a reduction in the hourly rate for Mrs. Maksymovich, which is a standard rate which would not change if hours were reduced. Mr. Matheny also commented that even if the Construction Official suggested cutting out some days, mileage is over 50 cents per mile and would not be reduced by the elimination of days. Preliminary discussions between Mr. Matheny and Mr. Doddy revolved around a 10% reduction in pay and keeping the five day work week with the same office hours (i.e., 10.5 per week based on a one hour per day inspection time and 5.5 hours per week office coverage by Mr. Doddy). Mr. Matheny explained that there are some days when inspections are not done, and other days when two to five inspections may occur.
Mr. Matheny explained that the salary and wage resolution was consistent with last year’s version and did not reflect any increase in salary for employees. The resolution can be modified easily, once the ordinance is adopted. Some Committee members felt that the resolution could be adopted since Mr. Doddy had mentioned earlier in the evening that the Construction Officials were willing to take a decrease in pay; however, a specific amount of the decrease was not mentioned earlier this evening when Mr. Doddy was present. It was agreed that Mr. Doddy should be advised that the resolution does show a decrease in salary, and it will be added to the next agenda for approval.
Mr. Tatsch had expected more detail from Mr. Doddy this evening, stating that while it would be difficult for Mr. Doddy to project a full year, he had 2.5 months in 2009 to use as a base and give a probable projection. Mr. Martin agreed. The Committee felt that this may be something Mrs. Maksymovich may be able to help Mr. Doddy do, i.e., look at last year and project this year's range. Committee members continued that the Construction Official receives a substantial salary for the time he spends in the office, and he should be able to provide some information or ideas on how to cover expenses, looking ahead to the future. A recommendation was made to have Mr. Matheny work with Mr. Doddy to get more detailed information and to have Mrs. Maksymovich or someone else assist him in getting the information detailed in Mr. Matheny's memo.
Mr. Matheny stated that he did have some factual information if the Township Committee wanted. In condensed form, Mr. Matheny explained that Mr. Doddy is a good teacher, and he gave him quite an education when he began his position as Township Administrator in 2006. Mr. Doddy explained to him that the Construction Department is to be self-sustaining and run itself. There have been good years and when this happens, the revenue covers some of the less profitable years. Mr. Matheny provided the following statistics: in 2004, there was $9,141 loss, in 2005, there was a $16,052 loss; in 2006 there was a $19,600 loss, in 2007 a $31,875 loss, and in 2008 permits totaled $54,594 but expenses totaled $106,212 for a $51,618 deficit. When he had discussions with the Construction staff, Mr. Matheny "was up front with what was going to be discussed" rather than not keeping them aware. In 2006, Mr. Matheny was informed by memo that the Construction Official was raising the Construction Secretary's hours by five hours to fifteen hours (rather than ten hours), based on an increase in permits from 366 to 477 permits by the end of November of that year. He provided more information stating that there was a $31,875 deficit by the end of 2007, i.e., $66,738 of income and $98,613 in expenses. In 2008, Mr. Doddy advised Mr. Matheny that he was increasing the Construction Secretary by 2.5 hours to come into the office at 8:30 a.m. rather than 9:00 a.m. to schedule inspections, which accounted for the 7.5 hour per week increase in work load. Looking back at the $51,600 budget deficit, it was determined that in November 2008 there were only 377 permits issued, which were only 10 more permits than when the secretarial position was covered by 10 hours per week.
Mr. Matheny's discussions with Mr. Doddy included asking Mr. Doddy to help him justify the additional hours, which Mr. Doddy said he could not explain. Mr. Matheny and Mr. Doddy also discussed first a 5% reduction in salary for the Construction Officials, which would equate to $3,000 and subsequently a 10% reduction which was $6,000 based on the $60,000 salaries for the Officials. The 7.5 hours for the Construction Secretary would be approximately $7,400, and the $13,400 salary and wage reduction would only be a small part of the $51,600 gap. Mr. Matheny agreed that this would certainly have an effect on the staff members; he further noted that Mr. Doddy did not discuss tonight how to bridge the gap, which will be something Mr. Doddy must decide.
The Committee thanked Mr. Matheny for the information he provided. Mr. Matheny agreed that the Township Committee should wait until the next meeting to adopt the resolution to clear up the matter with the Construction Official. He again noted that the hourly rates in the resolution do not change in any circumstance, and the resolution does not call for the number of hours worked.
2) DPW Superintendent Position: Mr. Matheny commented on some recent discussions with the Mayor looking at other possibilities. There have been some applications for the position, but he gave them back to the Clerk to hold since the position "may be on the back burner."
Mayor Kneski spoke about the meeting with Mr. Matheny and Treasurer Jane Luhrs, and based upon the information Mrs. Luhrs provided, there may be some "hard cuts" in the budget. Mayor Kneski has checked into the matter, and the municipality has 18 months to have a DPW Superintendent in place from the date of resignation of the former Superintendent, which would bring the date to the beginning of 2010. He felt that since there was a core in place, operations should continue as they are now.
Mr. Matheny stated that Acting DPW Superintendent Kadezabek is willing to continue, and while doing a fine job, he is not interested in the position. He is operating "with a great crew … but there are two less hands and two less feet to work out there," especially in light of road work on Lindbergh Road and Back Brook Road, among other projects.
Mayor Kneski commented on the recent joint meeting with other municipalities and suggested that Mr. Kadezabek look into shared services for this year, i.e., looking at neighboring Public Works Departments for assistance.
This item will be tabled and discussed at the next budget meeting.
3) Bids for Back Brook Road and Lindbergh Road: Mr. Matheny reported that the projects are proceeding on schedule, and bid notices have been advertised. Bids will be received on April 2, 2009. The contractor has from June 28 to August 28 to begin the work, with 15 days to complete the project within that time frame. The East Amwell Township DPW will do the road edges and potholes. Mayor Kneski stated that there was a letter received from residents on Lindbergh Road about road easements; the Engineer contacted Attorney Dieterly and others, and there is no problem; Mayor Kneski said that there may be something coming from the Attorney.
4) Electricity for the Trailer: Mr. Matheny has been in contact with Amwell Valley Little Baseball League President Brian Richardson about the matter. Mr. Matheny and Mr. Kadezabek accessed the trailer, and they checked the circuit breaker and electric supply for the trailer and the telephone light pole (i.e., the pole is on the circuit board in the trailer). Mr. Richardson has agreed that the League will pay for the electricity on the meter, including the light pole, which benefits the League. The electric company has been contacted about changing the meter into the League's name for direct billing.
5) Use of Speed Trailer on Hunterdon County Roads: Mr. Matheny reported that he had previously sent a letter to Hunterdon County asking for permission to place the municipally owned speed trailer on their roads. Originally the County wanted maps and exact locations on their roadways where the trailer would be sited. When Mr. Matheny objected, the County sent an engineer to look at the roads and possible locations, and the Township is now in receipt of a letter from Hunterdon County stating that the trailer can be placed on their roads in safe spots and using cones.
6) Energy Audit: After a number of edits recommended by the energy specialist, the letters for the energy audit were mailed to the five audit firms, asking them to reply within 10 days with their quotes. Mayor Kneski commended staff for their assistance with this new program.
7) Claim Payment from Highland Claim Services for Vandalism to Clawson Park: The December vandalism at the park resulted in approximately $1,700 in damages, and the insurance provided a check for over $700, less the $1,000 deductible.
Mrs. Cregar stated that the Clawson Park advisory committee will be meeting next month, and if the Township Committee has any issues to discuss, let her know, and they will be placed on the agenda.
8) Website: Angelo Loverso, a new member of the Recreation Committee, contacted Mr. Matheny about the website. Mr. Loverso has a computer background, and he wants to do some research on website and costs. He will also look at City Connections, who handles a lot of municipal websites, and he will report on his findings. He will also look at the current offerings by RCN for web-hosting.
9) Bicycle Race in East Amwell Township: Mr. Matheny reported that the Mayor received an email request for a bicycle race in East Amwell Township on June 18 to be held on Zion and Lindbergh Roads. The requestor states that it is the biggest race in the state, “sending up a big red flag," particularly because of the proposed construction work on Lindbergh Road and the fact that it is on a weekday. Mr. Matheny contacted Lieutenant Skelton at the Kingwood State Police Barracks and has asked him to take the lead on this to make it a safe event, including requesting that the organization have some troopers on site, particularly because the Township does not have a special events ordinance. Notifying the residents on the roads may also be a recommendation.
Further comments were discussed, including the following: the organizers may also be the same ones who held a race in the summer of 2008, and there were many complaints coming into the Clerk's Office about participants' behavior and disrupting automobile traffic (including mail delivery service); the governing body asked Ms. Kopen if they could prohibit the use of the road - she felt that since the Township owned the roads, they could control safety issues; all were in agreement that the bicyclists could not close the roads to traffic, and there should be some police presence during the event, which includes bicyclists and cars who follow them; the DPW will be working on Lindbergh Road in May and June, prior to the major road project, and there will be equipment and loose stone on the roads at that time, among other items.
The Clerk noted that this item was not listed on the agenda since the email came in after the agenda was complete. Further discussion will take place at the next meeting.
RESOLUTION TO ENTER EXECUTIVE SESSION WITH THE ATTORNEY This item will take place after the meeting is open to the public for comment.
OPEN TO THE PUBLIC
Motion by Ms. Lenox, seconded by Mr. Tatsch, and it was carried unanimously to open to the public.
Frances Gavigan, 123 Wertsville Road, asked Mr. Matheny to have the speed trailer set up on her property and also on the Ditzel property on Wertsville Road. Mr. Matheny said the DPW was waiting for better weather to set up the unit. Ms. Gavigan also suggested property owned by Zvi Eiref on Wertsville Road for set up.
Ms. Gavigan commented on the following: she suggested bringing up the bicycle race at the March 25th meeting with the Hunterdon County representatives; she suggested that the website and web-hosting be considered as a shared service with other municipalities; the Certified Public Works Manager may also be another shared service opportunity; she commented on the discussions about the salary reduction for Stewart Doddy, noting that many municipal workers cannot afford to live here; she reminded the governing body that their financial decisions do affect people and employees.
Motion by Mr. Martin, seconded by Mr. Tatsch, and it was carried unanimously to close to the public.
UNFINISHED BUSINESS, Continued
RESOLUTION TO ENTER EXECUTIVE SESSION TO DISCUSS LITIGATION AND TO RECEIVE ATTORNEY ADVICE
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
RESOLUTION #51 -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
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Motion by Mr. Martin, seconded by Ms. Lenox, and it was carried unanimously to approve the resolution.
Executive session began at 10:38 p.m.
The regular meeting resumed at 10:40 p.m.
ADMINISTRATIVE REPORTS
TREASURER LUHRS presented the bills of the evening and a statement of cash on hand.
Motion by Mrs. Cregar, seconded by Mr. Tatsch, and it was carried unanimously to approve the bills of the evening.
Treasurer's Resolution:
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
RESOLUTION #52-09
WHEREAS, The State of New Jersey has passed the following legislation-Chapter 54, P.L. 1995-Developer Escrow Statute Amendments, effective September 13, 1995; and
WHEREAS, to comply with N.J.S.A. 40:55D-53.2 the Municipality must adopt a schedule of the fees and charges of all professionals whose services might be charged to developers;
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of East Amwell that the following fees and charges of professionals are:
Zoning Board of Adjustment and Planning Board
Engineer-Hopewell Valley Engineering, P.C.-See Attached Sheet
Planner-Banisch Associates Inc. – See Attached Sheet
Storm Water Management Consulting, LLC $160.00 per hour
Zoning Board of Adjustment Attorney
Trisha Waterbury, Esq. $155.00 per meeting
$155.00 per hour other work
Planning Board Attorney
Christopher Norman, Esq $600.00 per meeting up to 11PM
$100.00 per hour after 11 PM
$135.00 per hour other work
By Order of the Township Committee,
__________________________
Peter Kneski, Mayor
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Motion by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously to approve the resolution.
TAX COLLECTOR HYLAND presented the February 2009 Report of Receipts and Disbursements.
Tax Collector's Resolution:
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RESOLUTION #53 -09
WHEREAS there had been a duplicate payment in the amount of $1951.63 for 1st Quarter taxes for Block 33, lot 10 Block 21, assessed to Valerie A. Loverso and,
WHEREAS this amount has been requested by Valerie a. Loverso for refund,
THEREFORE, BE IT RESOLVED that the Treasurer be authorized to prepare and mail a check in the amount of $1951.63 be refunded to her.
By order of the Township Committee,
_______________________
Peter Kneski, Mayor
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Motion by Mr. Tatsch, seconded by Ms. Lenox, and it was carried unanimously to approve the resolution.
All other administrative reports listed on the agenda were acknowledged without comment.
CORRESPONDENCE
Mr. Tatsch asked about a resolution in support of rail service between Hunterdon and Somerset. The governing body noted that they had previously approved this resolution.
Mayor Kneski pointed out a notice from the South Branch Watershed Association about the April 18, 2009, River Clean Up Day; a copy will be sent to the Environmental Commission.
Mrs. Stahl commented on the NJ League of Municipalities memo on Sustainable Jersey Goes Live; she has also had an email from the Environmental Commission expressing interest in this. She will forward the information staff has collected to the Commission for follow up.
ADJOURNMENT
There being no further business, a motion was made by Ms. Lenox, seconded by Mr. Tatsch, and carried unanimously to adjourn the meeting at 10:50 p.m.
_______________________________
Teresa R. Stahl, RMC/CMC
Municipal Clerk