The regular meeting of the East Amwell Township Committee was called to order at 7:30 p

The regular meeting of the East Amwell Township Committee was called to order at 7:30 p.m. Present were Mayor Peter Kneski and Committee members Patricia Cregar, Timothy Martin and C. Larry Tatsch. Deputy Mayor Linda F. Lenox was 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 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 April 7, 2009.

The meeting opened with the Pledge of Allegiance to the American Flag.

AGENDA REVIEW

Under New Business, table the Release of Maintenance Bond for Three Kids Enterprises, B. 16/L. 1.01; no engineer report has been received. Under Unfinished Business, add an update on the Meszaros HDSRF Grant - Request to Authorize a Change Order (Larry Tatsch will provide the update).

Additional Items of Correspondence include the following: 4/9 Letter from the Clerk to Amwell Valley Ringoes Rescue Squad re: 2009 Budget; 4/7 Letter from the Township Administrator to NJ State Police re: Wertsville Road Speed Information; 4/6 Scibal Associates McGee v. East Amwell Township Coinsurance Invoice; 4/9 Email from Engineer O'Neal re: Mid-Atlantic Equine Center Construction; 4/7 Email from Hunterdon Area Rural Transportation re: Funding Alert; 4-7 Email from Monarch Housing re: COAH.

ANNOUNCEMENTS

A. Road Side Clean Up Day is April 18, 2009. Call Blaine Hummel at 609:466-2907 to register for a road.

B. The annual Township Clean Up Day is on April 25, 2009. $15/car; $20/SUV; $35/Truck. Pre-register at the Clerk's Office until April 24; call 908:782-8536 for details. Residential ID is required.

C. There is no curbside brush pick-up this year. Residents may bring their brush to the

Township Grit Yard, which is open for regular business hours from 7 a.m. - 3:30 p.m. daily.

D. Municipal Offices will be closed on Friday, April 10, 2009.

E. School Board Elections will be held on Tuesday, April 21, 2009, from 7 a.m. to 9 p.m. All polls are located at the East Amwell Township Municipal Building.

APPROVAL OF MINUTES

March 26, 2009 Regular Minutes were approved on a motion by Mr. Martin, seconded by Mr. Tastch, and carried with one abstention, Mrs. Cregar.

March 26, 2009, Executive Minutes (Contract Negotiations) were approved on a motion by Mr. Tatsch, seconded by Mr. Martin, and carried with one abstention, Mrs. Cregar.

April 2, 2009, Special Minutes (Budget) were approved on a motion by Mr. Tatsch, seconded by Mrs. Cregar, and carried with one correction on page two, line two, remove the word cents after $2.8.

April 2, 2009, Executive Minutes (Land Acquisition & Confidential Budgetary Items) were approved on a motion by Mrs. Cregar, seconded by Mr. Tatsch, and carried unanimously.

OPEN TO THE PUBLIC (for Comments from the Public for Items Not on the Agenda)

William Connelly, Attorney for Mid-Atlantic Equine Center, asked to comment at this time about a letter sent to the Clerk by his client regarding his dissatisfaction with the processing of the developer's agreement. Mr. Connelly explained that Dr. Bousum was incorrect in his statements in the letter, and it was written out of frustration. Mr. Connelly publicly acknowledged that Attorney Cushing "did a great job," there were no problems with Mr. Cushing, and the criticism was not with Mr. Cushing but with the lack of follow up and coordination on the part of the Equine Center and representatives. He concluded that "the process is the process."

Mr. Connelly also commented that unbeknownst to him, there have been construction activities on site without approvals to begin work, and he will follow up with his client on these issues. Mr. Connelly wanted to proceed in the proper manner, and he thanked the Township Committee and Planning Board for their assistance to the Equine Center over the years.

Mr. Connelly spoke with the Zoning Officer tonight, and he will be able to process the application by next week, once the developer's agreement is signed. Mr. Connelly explained that his client is being penalized on a daily basis for delayed construction, which may be part of the client's frustration.

Mayor Kneski, Mr. Tatsch, and Mr. Martin appreciated Mr. Connelly's positive comments this evening.

Richard Spiegel, 1 Mountain Road, asked Mr. Cushing about the Oaths of Office elected officials sign to abide by the U.S. Constitution, the NJ Constitution, and all laws of the State of New Jersey, asking if there were any laws that they do not have to abide by, e.g., exemption from enforcement on criminal, civil or ethical laws. He provided a red covered book, which he believed that Mr. Cushing was familiar with, referencing “Chapter 28” of the NJ Police Manual, regarding "Perjury." Mr. Spiegel read an excerpt regarding perjury. Mr. Spiegel asked about oaths and perjury; Mr. Cushing commented on taking oaths during judicial and legislative hearings. Mr. Spiegel and Mr. Cushing exchanged comments about lying and the fact that there may be two separate views of fact when statements are made.

Mr. Spiegel asked Mr. Tatsch three questions: 1) When was the last time locks were changed on the building; Mr. Tatsch did not know. 2) When was the last time there was a bill for keys for the Treasurer; Mr. Tatsch did not know. 3) When was the last time files were taken out of the building?

Mr. Tatsch asked Mr. Spiegel about the connection with these two lines of questions and whether he was being accused or was it being insinuated that he lied. Mayor Kneski called for point of order, and Mr. Spiegel asked if his first amendment rights were being denied. He referred to the last meeting when the key access system was discussed, and he was not satisfied with statements made by Mr. Tatsch at that time. Mrs. Cregar commented that files could disappear with or without a burglar alarm.

Mr. Spiegel commented that the last time the keys to the building were changed was in 2005, when Karl Posselt (i.e., Office Administrator at that time) advised that locks were being changed because some keys were lost, and Mr. Spiegel saw the bill for the expense of changing the locks. The burglar alarm system was installed after that time, and Mr. Spiegel believed that there have been no more locks installed, keys purchased, or files taken out of the building. He did not believe the $10,000 for a key access system was warranted.

Motion by Mr. Martin, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.

INTRODUCTION OF ORDINANCES/PUBLIC HEARINGS

Introduction of Ordinances - None

Public Hearings:

ORDINANCE 09-02 AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF EAST AMWELL, CHAPTER 50, ALCOHOLIC BEVERAGES, SECTION 50-2, ANNUAL FEE

As proof of publication, Mrs. Stahl provided the public notice from the March 19, 2009, issue of the Hunterdon County Democrat. The ordinance has been posted and available to the public since introduction on March 12, 2009.

The ordinance allows the municipality to increase fees up to 20% of the previous year's fees for the licensees; the fees have not increased in the municipality for quite a number of years.

Mrs. Cregar made the motion to open to the public, seconded by Mr. Tatsch, and it was carried unanimously.

Frances Gavigan, 123 Wertsville Road, asked whether the ordinance applied to vineyards; it applies only to consumption and club licenses (the Harvest Moon and the Fire Company).

Motion by Mr. Tatsch, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.

Ordinance 09-02 was adopted on a motion by Mrs. Cregar, seconded by Mr. Martin, and carried unanimously by roll call vote: Mr. Martin, yes; Mr. Tatsch, yes; Mrs. Cregar, yes; Mr. Kneski, yes.

ORDINANCE 09-03 THE 2009 SALARY AND WAGE SCHEDULE

Mayor Kneski asked for comments from the public.

Andrea Bonette, 17 Ridge Road, asked if the salary remains the same as last year's; she was told yes. Mr. Martin commented on a reduction to construction official's salary; the reduction in their salary is through the Salary and Wage Resolution, not the ordinance which is set by range.

Motion by Mr. Martin, seconded by Mr. Tatsch, and it was carried unanimously to close to the public.

Ordinance 09-03 was adopted on a motion by Mr. Tatsch, seconded by Mrs. Cregar, and carried unanimously by roll call vote: Mr. Martin, yes; Mr. Tatsch, yes; Mrs. Cregar, yes; Mr. Kneski, yes.

Later in the meeting, the Clerk pointed out a typographical error in the ordinance, i.e., 2009, not 2008, should be included in the text of the ordinance. Motion by Mrs. Cregar, seconded by Mr. Martin, and carried unanimously to include the change in the adoption of the ordinance.

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

Mayor Kneski commented that the Construction Official recommended an increase in fees in line with state fees.

Frances Gavigan, 123 Wertsville Road, asked if the fees would "plug the gap" in the department; she was advised that it would be a start, although there is a lack of construction at this time. Mr. Matheny was asked if he had data on permits in 2009; he did not have the information readily available.

Ms. Gavigan asked about the obligation for the Construction Office to be self-funded; was this a state mandate. Mayor Kneski explained the NJ Department of Community Affairs (DCA) requirement to have the Construction Department be self-funded. He explained that the Construction Official is recommending the increase in fees, as other municipalities are doing, to generate revenue and to bring them in line with the other municipalities. Ms. Gavigan asked if it was against the law to use tax funds to support the department; she was told no. Mayor Kneski reiterated that all municipalities are "looking for ways to bridge gaps." Ms. Gavigan asked about implementation; the ordinance will be in effect upon publication by law, i.e., publication will be in the April 16, 2009, Hunterdon County Democrat.

Motion by Mr. Martin, seconded by Mr. Tatsch, and it was carried unanimously to close to the public.

Ordinance 09-04 was adopted on a motion by Mr. Tatsch, seconded by Mrs. Cregar, and carried unanimously by roll call vote: Mr. Martin, yes; Mr. Tatsch, yes; Mrs. Cregar, yes; Mr. Kneski, yes.

ORDINANCE 09-05 AN ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

Mayor Kneski asked for comments from the public.

Andrea Bonette, 17 Ridge Road, referenced the April 2, 2009, budget meetings, about a statement made by Treasurer Luhrs putting $800 back into the budget to be closer to cap to have a better effect on next year's budget. She commented on "a domino" effect and on being sensitive to public perceptions about the budget process.

Motion by Mr. Martin, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.

Ordinance 09-05 was adopted on a motion by Mr. Martin, seconded by Mrs. Cregar, and carried unanimously by roll call vote: Mr. Martin, yes; Mr. Tatsch, yes; Mrs. Cregar, yes; Mr. Kneski, yes.

SPECIAL DISCUSSIONS

PRESENTATION BY COMCAST: Robert Clifton, Director of Government Affairs, and an unidentified representative from Comcast were present at this time.

Mr. Clifton explained that Comcast has just submitted the cable ordinance to the NJ Bureau of Public Utilities (BPU) for final approval.

Mr. Clifton commented on a call from Richard Spiegel about a problem the Tax Collector had with an analog converter. Comcast representatives explained that in getting ready for the digital conversion, signals were sent twice to the boxes, and some of the boxes (less than 100 in the system) did not "take the hit," and it caused some inconvenience to customers.

Mr. Clifton commented on lower volume calls for sports channels and on improvements being made to the system since October 2008.

Mrs. Cregar had no complaints except that HD sports channels 186 and 188 are not available on her system; Mr. Clifton will look into this.

Mr. Tatsch said that he has no problems with the television, but his internet still drops out about every two days, and he has to reset the router. Mr. Clifton will look into this.

Mayor Kneski asked about the extension for digital from analog; it has been extended to June 12 as the final deadline. There have been some problems with lack of funds to cover converter boxes, i.e., a backlog of 100,000 individuals who cannot get the boxes.

Mayor Kneski opened to the public for comments.

Sue Posselt, 155 Cider Mill Road, referenced her letter to the NJ BPU about incorrect information for her property in the phone book. Mr. Clifton said that he had a copy of the letter, and he believed that the problem would be corrected in next year's phone book, i.e., the "right people at Embarq" have been identified who can fix the problem.

Ms. Posselt asked about choosing stations "ala carte," i.e., rather than 50 expanded stations, she would only like 12. Mr. Clifton stated that records show that people only use about 11 channels. He compared Comcast to a supermarket, i.e., they buy "on a mound of subscribers" and if they purchased 12 channels, it would amount to double what you pay on the menu of all the channels. Providing all the channels is a better financial decision.

Dorothy Thayer, 18 Mountain Road, explained that her internet was out all day long, and the Comcast number has been busy also. Mr. Clifton said that he will look into the matter.

Frances Gavigan, 123 Wertsville Road, said she uses Dish. She spoke about providing 200 stations, commenting negatively on them. She spoke about line charges, access fees, and taxes, which double the cost of her land line; she felt that negotiating popular stations may be a suggestion. Mr. Clifton explained that in order to have some programs, Comcast has to take a bundle of programs, elaborating on some of them. He also noted that one person's 11 channels may not be the next person's 11 favorite, and demographics also are part of the equation.

Ms. Gavigan asked about freedom of choice, using other forms of television; Mr. Clifton explained that Comcast is non-exclusive. There are negotiations with BPU for service, and there are "no rubber stamps"; he provided an example.

Ms. Gavigan spoke about economics as a concern for residents, also asking about the possibility of surveying what people wish to see. Comcast representatives explained how the FCC draws a circle in an AID-viewing area to determine the viewing areas, i.e., it does not matter if you are closer to one major hub or another but where the pin falls in the hub when the circle is drawn. Mr. Clifton also explained changes in line-ups, providing a move of weather and news channels in Long Beach Island as an example.

Ms. Posselt said she "was very happy" with Comcast, allowing her to contact her brother in Texas without worrying about the phone bill. The internet works well, and she only needs to see the phone book fixed.

Mr. Tatsch said that aside from the internet drop-outs, service has been good "and very fast," i.e., he gave an example of downloading 1.4 GB in 45 minutes.

Mayor Kneski said his cable and television "are working fine."

The Committee thanked Comcast representatives for attending the meeting this evening.

AWARD OF CONTRACT FOR LINDBERGH ROAD AND BACK BROOK ROAD PROJECTS

Mr. Matheny explained that the bids for the Lindbergh Road and Back Brook Road projects were reviewed. The engineer had previously provided an estimate of $361,100 for both projects, and the low bidder came in with the figure of $285,200. He also noted that the cost of black top was coming down. Attorney Judy Kopen sent an email dated April 8 advising that she reviewed the bids, and the low bidder had appropriate paperwork.

Mr. Tatsch asked since the bid was lower than was expected, if it is below what the state gave the municipality in grants, does the municipality pay off their portion of expenses first and refund the extra money to the state. Mr. Matheny explained that the grant did not pay for all aspects of the project, e.g., the engineer fees and layouts are not covered. He also noted that the materials for some of the work come from another source of funding. He further explained that there is a 15-20% margin for retrofit built into the project, and there may not be any funding left, once the projects are underway. Committee members felt that if there was sufficient funding, consideration should be given to extending the scope of the work on Lindbergh Road, north of Ridge Road.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

RESOLUTION #61 -09

WHEREAS, the Township Committee of the Township of East Amwell has received grant funding from the New Jersey Department of Transportation for road work on Back Brook Road and on Lindbergh Road; and

WHEREAS, bids were solicited for Back Brook Road and Lindbergh Road Improvements, with bids received from the following contractors: S. Brothers, $285,200; Schifano Construction, $294,262; Top Line Construction, $302,538; Mannon Excavating & Paving, $310,362; Intercounty Paving Associates, $312,200; Renda Roads, $315,100; and Desantis Construction, $315,836; and

WHEREAS, upon review by the Township Attorney, it was acknowledged that the submission of the bid package by S. Brothers was satisfactory and the East Amwell Township Treasurer has certified funds for the projects;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell that they hereby award the following Contract:

Back Brook Road and Lindbergh Road Improvements

Contract Award to:

S. Brothers

P. O. Box 317

South River, NJ 08882

In Total Amount Not to Exceed $285,200.00

By Order of the Township Committee,

____________________________

Peter Kneski, Mayor

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Motion by Mr. Tatsch, seconded by Mrs. Cregar, and it was carried unanimously by roll call vote: Mr. Martin, yes; Mr. Tatsch, yes; Mrs. Cregar, yes; Mr. Kneski, yes.

MUNICIPAL ENERGY AUDIT CONTRACT

Mr. Matheny explained that letters of interest were sent to all of the vendors on the list to consider doing the energy audit for the municipality. Most of the vendors chose not to bid the work since the project scope was too small. There were two firms who provided proposals, Concord Engineering Group in Voorhees, New Jersey at a cost of $4586 and Clough Harbour & Associates (CHA) at a cost of $8917. There was $8,000 budgeted for the work.

Mr. Tatsch commented that he read the proposals, and Concord's proposal "was thorough."

Mrs. Stahl reminded the governing body that the temporary budget must be amended prior to award.

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RESOLUTION #62-09

Resolution To Amend the Temporary Budget

(As Attached to the Original Set of Minutes)

By Order of The Township Committee,

___________________________

Peter Kneski, Mayor

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Motion by Mr. Tatsch, seconded by Mr. Martin, and it was carried unanimously to approve the resolution to amend the temporary budget.

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RESOLUTION #63-09

WHEREAS, the Township of East Amwell wishes to have an energy audit of municipal facilities in connection with the NJ Bureau of Public Utilities’ Local Government Energy Audit Program, and requests for proposals were sent to the vendors pre-selected by the NJ BPU;

WHEREAS, two proposals were received from Concord Engineering Group in the amount of $4586 and from Clough Harbour & Associates in the amount of $8917;

WHEREAS, the Township Committee has determined that the proposal by Concord Engineering Group will meet the needs of the municipality;

THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey that they hereby award the following contract:

Concord Engineering Group

520 South Burnt Mill Road

Voorhees, NJ 08043

In the Amount of $4586

For the Energy Audit, as outlined in their proposal of March 24, 2009

By Order of the Township Committee,

_______________________________

Peter Kneski, Mayor

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Motion by Mrs. Cregar, seconded by Mr. Tatsch, and it was carried unanimously to approve the resolution to have Concord Management do the energy audit for the East Amwell Township municipal building and trailer.

SPECIAL COMMITTEE REPORTS - None

STANDING COMMITTEE REPORTS

RECYCLING COMMITTEE:

1) Annual Recycling Tonnage Grant Resolution: This is an annual requirement for the state to authorize Recycling Coordinator Joyce Corboy to apply for the recycling tonnage grant.

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RESOLUTION #64 -09

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, C.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants for the calendar year 2008 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Township Committee of East Amwell Township to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell that East Amwell Township hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Joyce Corboy to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

By Order of the Township Committee,

__________________________

Peter Kneski, Mayor

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Motion by Mr. Martin, seconded by Mr. Tatsch, and it was carried unanimously to approve the resolution.

2) Tax Reimbursement Certification Resolution:

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RESOLUTION #65- 09

WHEREAS, the Recycling Enhancement Act, P.L.2007, chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, there is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility.

WHEREAS, whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law," the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.

NOW, THEREFORE BE IT RESOLVED by the Township of East Amwell, that East Amwell Township hereby certifies a submission of expenditure for taxes paid pursuant to P.L.2007, chapter 311, in 2008 in the amount of $51.92. Documentation supporting this submission is available at 1070 Route 202/31, Ringoes, NJ 08551, and shall be maintained for no less than five years from this date.

By order of the Township Committee,

_____________________________________

Peter Kneski, Mayor

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Motion by Mr. Martin, seconded by Mr. Tatsch, and it was carried unanimously to approve the resolution.

FARMLAND/OPEN SPACE PRESERVATION

1) Fisher (B.17/L.16.03) and Hay (B.21/L.16 & 16.01) Cost Share Agreements: Mrs. Stahl reminded the governing body that the Township Committee previously approved resolutions agreeing to cost share on the acquisition of these development easements. At the recommendation of Attorney Cushing, the Township Committee is authorizing the Mayor to sign the cost share agreements provided by Hunterdon County Counsel.

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RESOLUTION #66-09

BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that the Mayor is hereby authorized to sign the cost share agreements for the purchase of development rights for Block 17/L. 16.03 and B. 21/L. 16 & 16.01, as outlined in the letter provided by Attorney Cushing dated April 7, 2009.

By Order of the Township Committee,

__________________________

Peter Kneski, Mayor

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Motion by Mr. Tatsch, seconded by Mr. Martin, and it was carried unanimously to approve the resolution.

UNFINISHED BUSINESS

TOWNSHIP ADMINISTRATOR'S UPDATE

1) 2009 Township Administrator's Contract: This item will be held until after executive session.

2) Summer Playground Charges: Recreation Committee has not yet provided an update on this topic.

3) Speeds on Wertsville Road: Mr. Matheny reported on the use of the speed trailer on Wertsville Road set up between Van Lieu's Road and The Ridge at Back Brook, heading towards Route 202/31 from Thursday to Monday at 8 a.m. Information shows that traffic volume drops on weekends with a high volume on Thursday. Downloaded information showed 1 car traveling 91 mph; 3 in excess of 86 mph, 1 in range of 81-85 mph, 3 in the range of 76-80 mph; 61 in the range of 61 - 80, i.e. 4,176 vehicles with 268 exceeding more than 10 mph over the legal speed limit.(i.e., a "reasonable ticket writing" limit). The machine cannot provide specific time of day, but it may be that the highest traffic volume is between 4:30 - 6:00 p.m. on weeknights. Mr. Matheny sent the information to the NJ State Police by email and regular mail; he spoke about enforcement possibilities to benefit both the Township and the State Police.

Mr. Tatsch asked about recent police presence in the vicinity of Peacock's General Store; Mr. Matheny did not hear anything about this.

4) OEM Grant - Municipal Purchase: Mr. Matheny referenced his recent memo to staff regarding the purchase of additional equipment for the conference room. A flat screen LCD 52 inch television was purchased from a 2005 Office of Emergency Management (OEM) grant as an appropriate use for this funding. Deputy OEM Coordinator Charles Soos was in agreement with the purchase, and the equipment will be used as part of the EOC operations in an event of an emergency (i.e., the conference room will be command center for OEM and officials during emergencies). The television will also be hooked to the cable for television and internet access, and it will be helpful for staff training and PowerPoint presentations. Mr. Matheny made the purchase at a cost of $1,199, including delivery, and there is still some funding in the grant for some additional equipment.

5) Tub Grinder Rental: The tub grinder was on site this week, and after four hours use, the large brush pile was reduced to a pile of mulch suitable for use at Clawson Park and for resident's needs. The mulch used around the municipal building was purchased from a landscaper. The tub-ground mulch would not be suitable for areas close to buildings or residences, and Mr. Tatsch explained that sometimes this type of mulch may grow fungus and discolor housing materials.

6) Pedestrian Crossing Signs: Mr. Matheny was recently contacted by a representative of NJ Department of Transportation (DOT) regarding the request made a year and a half ago for pedestrian crossing signs for the Village area. Permission has been given to use the signs in the cross walks. The fixtures are not permanent, and a system will put in place to move them.

7) Road Sweeping: The DPW did not sweep in 2008, but they do intend to perform this service in 2009. Attention will be given to intersections and cul-de-sacs; no date has been set for this activity.

8) Use of Modular Units in the Basement: Modular units were used to create two desk areas in the basement for the Historic Preservation Committee and others who may wish to work there. Internet service will be run to the area.

There were only two desktops available since the remainder of the desks are still in use after the renovations. There are a number of panels left, which cannot be used. There was a request from former employee Curtis Schick to acquire the panels for another municipality. Regulations allow municipalities to give materials away, and the material does not have to go up for auction. Currently the panels are stored in a storage unit, and the intent is to get rid of them along with the expense for the storage unit. Mr. Matheny wanted the governing body's permission to give the material to the other township. Mr. Tatsch asked if there was any value to the material; Mr. Matheny explained that there were only panels left, no desks, and no other work stations could be made. Committee members were agreeable that they could be given to the other municipality.

RESOLUTION TO ENTER EXECUTIVE SESSION This will be tabled until after Open to the Public.

MESZAROS PROPERTY: REQUEST FOR CHANGE ORDER FROM ERM FOR THE HDSRF GRANT

Mr. Tatsch explained that he received an April 4 letter from ERM, the consultant working on the HDSRF Grant. Several weeks ago ERM learned that the NJ DEP added additional requirements under N.J.A.C. 7:26E-1.4 for a higher level of resident notification since the borders of the property are not well defined. ERM will have to survey the property, notify neighboring residents, and put up signs on the property. This will mean added work to the original scope of the project. An email from ERM indicates that the DEP is aware of the changes, and additional funding should be covered in the grant when an addendum is prepared. The request is to have the Township sign off on the change order and then apply for additional grant funding.

For the record, Mrs. Stahl explained that additional Task 1 was for notification of "sensitive population" in the amount of $6,187 and Task 2 is for surveys and boundary locations in the amount of $19,385. Mr. Tatsch explained that the funds would come from the grant, once the State "okays" the additional work. There was verbal agreement that Mr. Tatsch would be able to sign the authorization. A motion, however, was made by Mrs. Cregar, seconded by Mr. Tatsch, and carried unanimously to authorize the Mayor to sign off on the change order from ERM.

CONTINUED DISCUSSION ON THE 2009 BUDGET Treasurer Jane Luhrs was present for this discussion.

Mrs. Luhrs stated that she and the Auditor spoke with the Division of Local Government Services (DLGS) on Monday, and DLGS recommends not taking the pension deferral. The Division recommends reducing the reserve for uncollected taxes instead. The downside will be an impact to the budget next year if the tax collection rate is low. Mrs. Luhrs provided a budget sheet packet including the revised budget appropriations sheet dated 4/2/09, a budget changes sheet changing PERS (pension) reduced from $24,594 to $19,698 with a $4,896 credit and Reserve for Uncollected Taxes from $290,982 to $271,284 with a $19,698 reduction to pay for the pension. The changes will result in a $10,976 figure under the levy cap. She recommended that $5,000 be put into engineering in anticipation of expenses for the FEMA ordinance, which were not previously discussed, and put the remaining $5,976 in Roads OE. The result would be a slight increase in taxes from $.1477 to $.1491.

The Committee and Mrs. Luhrs discussed the changes to the budget, including the following: Mr. Tatsch asked why the state did not recommend taking the deferral; Mrs. Luhrs explained that they suggested taking the payment from the reserve for uncollected taxes; the application for deferral is at the State for consideration on May 13, and it is unclear whether they would approve the deferral or come back and recommend taking the amount from the uncollected tax reserve - there is no clear answer on this; Mrs. Luhrs asked the Mayor which way to proceed, and he recommended coming back to the Committee; comments were made about whether other municipalities, including larger ones, were considering options, the effect on local budgets including smaller budgets, the state's policy of using all surplus before allowing towns to apply for extraordinary aid, and pushing municipalities "near bankruptcy" before providing state assistance; among other items.

Mrs. Luhrs explained that the proposed change to use the reserve rather than apply for the deferral would result in a slight increase in tax rate. As an example, taxes on a $450,000 assessed home would increase from $664.65 at a $.1477 tax rate to $670.95 at a $.1491 tax rate or a $6.30 increase in taxes. Mayor Kneski was concerned with future tax rates, including looking three years out, i.e., there may be a negative impact in the future, but alternatives needed to be considered. He agreed that the $5,000 in engineering and remainder in roads would be a good place to put the money if the reserve was used.

Committee members again commented, with the following highlights: Mrs. Luhrs said that Auditor Case agreed that using the reserve was "a better way to go"; other road projects, including repairs on Van Lieus Road, are a matter of concern and the budget is tight; Mr. Martin and Mr. Tatsch commented on the state's pension deferral option (i.e., Mr. Martin was wary of it from the beginning and Mr. Tatsch felt it "was a publicity stunt").

Mrs. Luhrs is concerned about the decrease in surplus, particularly in light of decreased revenues, including The Ridge at Back Brook tax appeal. "Bumping up the tax" will help with the surplus, and she reminded the governing body if the revenues go down, there is less to anticipate in next year's budget. She spoke about the necessity to introduce the budget soon since the award of M & R bids, which were previously based on an adopted budget at the May 14, 2009, meeting, will have an effect on beginning road maintenance projects.

Mrs. Luhrs spoke about a plan to hold a special meeting to introduce the budget, and Committee members were polled about their availability for a special meeting on Thursday, April 16, 2009, at 7:30 p.m. Mr. Tatsch will be out of the country; however, the rest of the Committee members were available. The intent is that the budget will then be adopted at a special meeting to be held on May 21 in order to avoid delay in awarding the M & R bids. Comments were made on the time frame for processing the bids with respect to the adoption of the budget.

Motion by Mrs. Cregar, seconded by Mr. Tatsch, and it was carried unanimously to prepare the budget for introduction at a special meeting with the changes discussed tonight, i.e., not to take the pension deferral and use reserve for uncollected taxes. Mrs. Luhrs will work with Auditor Case to have the budget prepared for the April 16, 2009, introduction.

NEW BUSINESS

THREE KIDS ENTERPRISE, B. 16/L. 1.01 RELEASE OF MAINTENANCE BOND - This item is tabled.

MID-ATLANTIC EQUINE CENTER, B. 8/L.26.01 DEVELOPER'S AGREEMENT AND POSTING OF PERFORMANCE BOND & INSPECTION FEES Attorney William Connelly was present for discussion.

Mr. Connelly explained that his client signed the developer's agreement and they are waiting for approval of the performance bond. (For the record, inspection fees were posted.) Mr. Cushing explained that he prepared the developer's agreement, and the performance bond was received today for review. There are three changes he saw, and he would be advising the Township Committee to approve the signature of the developer's agreement subject to his approval of the bond. The three corrections are as follows: the name on the letter of credit should not be the Planning Board; the letter of credit and the developer's agreement have two different names, Dr. Bousum and the Mid-Atlantic Equine Center - they should both have the same name; presentation of the letter is to an institution in Pittsburgh, and this should be changed to a local bank. Mr. Cushing explained that the letter of credit has appropriate language for an automatic renewal until the notice of cancellation.

Mr. Connelly had an opportunity to speak with Zoning Officer McManus earlier this evening, and he will be able to review the plats next week, once they are signed by the Planning Board Chairman and the Engineer when they are advised that the developer's agreement has been signed.

Motion by Mr. Tatsch, seconded by Mr. Martin, and it was carried unanimously to authorize the Mayor and Clerk to sign the developer's agreement and performance agreement subject to the attorney's final review.

OPEN TO THE PUBLIC

Andrea Bonette, 17 Ridge Road, asked about the letter from ERM regarding the surveys on the Meszaros property, i.e., would the Township own them. Mr. Tatsch explained that the surveys are being done in conjunction with the remedial investigation so the company does not sample off site of the property. He believes that the surveys will be available to the municipality for their use when ERM completes their work.

Mrs. Bonette asked what cost $1,199, i.e., something that was discussed earlier this evening. She was advised that this was the cost of the flat screen television in the new conference room.

Mrs. Bonette had a serious concern about Stormwater Management's 10 point public awareness program, which included educational information posted on a website. She stated that the engineer has to sign a certification to earn the 10 points, and there is some urgency in getting the information on line to satisfy state requirements. Mayor Kneski suggested putting the stormwater brochure on the website to satisfy requirements; it was also noted that the stormwater ordinance is on the site.

Engineer O'Neal will be contacted about what is required, and Mayor Kneski will work with him on posting the requirements.

Frances Gavigan, 123 Wertsville Road, said that the speed detector results "were no surprise." She requested that the Township bring the trailer to her property, commenting on motorcycles traveling 80-90 mph on roads marked 30-35 mph. She commented that the information may benefit by use for traffic counts on the county road, and she recommended placement of the trailer at a location on the hill close to her and "Zvi's" (Eiref). She asked to receive a copy of the data, which she wished to pass along to the Freeholders.

Motion by Mr. Tatsch, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.

UNFINISHED BUSINESS, Continued

RESOLUTION TO ENTER EXECUTIVE SESSION

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RESOLUTION #67 - 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 acquisition, potential litigation, contracts, and to receive advise from the Township Attorney; and

WHEREAS, minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then minutes can be made public;

NOW, THEREFORE, BE IT RESOLVED that the public be excluded from this meeting.

By Order of the Township Committee,

___________________________

Peter Kneski, Mayor

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Motion by Mr. Martin, seconded by Mr. Tatsch, and it was carried unanimously to approve the resolution.

The executive session began at 9:25 p.m.

The regular meeting resumed at 9:45 p.m.

Mr. Cushing left the meeting during the executive session.

TOWNSHIP ADMINISTRATOR'S 2009 CONTRACT Later in the meeting, prior to adjournment, a motion was made by Mr. Tatsch, seconded by Mr. Martin, and it was carried unanimously to authorize the Mayor to sign the 2009 contract for the Township Administrator.

NEW BUSINESS, Continued

PAIC INSURANCE RESOLUTION AUTHORIZING A NEW NOTICE OF CLAIM FORM

The request from PAIC Insurance to authorize a new claim form to be used by members was presented for approval.

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RESOLUTION #68-09

WHEREAS, the Public Alliance Insurance Coverage Fund is authorized by statute to provide insurance coverage for local units of government who are desirous of same;

WHEREAS, the Township of East Amwell is a member of the Public Alliance Insurance Coverage Fund;

WHEREAS, N.J.S.A. 59:8-6 authorized public entities to require information in addition to that specified in N.J.S.A. 59:8-4 for the proper investigation and/or resolution of such claims; and

WHEREAS, the Public Alliance Insurance Coverage Fund has recommended that each of the participating public entities adopt and approve a Notice of Tort Claim form in the form attached to this resolution;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell that:

1. East Amwell Township hereby adopts and approves the attached Notice of Claim form pursuant to N.J.S.A. 59:8-6;

2. Nothing in this resolution shall be construed as invalidating any Notice of Claim form authorized by the Township of East Amwell and/or the Public Alliance Insurance Coverage Fund prior to the implementation of this resolution.

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.

SOMERSET WHEELMEN REQUEST FOR BICYCLE RACE ON JUNE 13

The Committee acknowledged the April 6 email from Joe Saling requesting the use of East Amwell Roads for their annual bicycle race on Saturday, June 13, from 7 a.m. - 9:30 a.m. on the following East Amwell Roads: Dutch Lane, Old York Road, Manners Road, and Wertsville Road. The Clerk reminded the governing body that the club has been using the roads for a number of years without incident, and it is not the same level of event approved at the last meeting.

Motion by Mr. Tatsch, seconded by Mrs. Cregar, and it was carried unanimously to approve the bicycle race, as outlined in Mr. Saling's April 6 email.

ADOPTION OF ORDINANCES

Mrs. Stahl noted a typographical error in Ordinance 09-03, The Salary and Wage Ordinance; the date in the text should be 2009, not 2008. Motion by Mrs. Cregar, seconded by Mr. Martin, and it was carried unanimously to amend the adoption approval to include the correction of the date in the text.

ADMINISTRATIVE REPORTS

Treasurer Luhrs presented the statement of cash on hand and the bills of the evening. Motion by Mrs. Cregar, seconded by Mr. Tatsch, and it was carried unanimously to approve the bills of the evening.

There were no resolutions offered by the Treasurer or the Tax Collector. All other administrative reports were acknowledged without comment.

CORRESPONDENCE

Mrs. Cregar mentioned an article she read in the League of Municipalities' magazine, which allows municipalities to make traffic decisions. Mayor Kneski explained posting speed limit signs based on NJ DOT procedures, allowing municipalities to do studies and receive DOT approval. However, this applied only to roads solely in a municipality, i.e., they cannot be on roads which intersect or abut state, county, or neighboring municipality roads. Mr. Matheny also noted that traffic studies are "not cheap," noting NJ DOT involvement on road studies.

Mr. Tatsch commented on attending the recent (March 31) Housing Summit, and he commented on the reinforcement he heard that East Amwell Township is working in the right direction in getting as many units to qualify as group homes as possible, i.e., there is a growing need for them. He provided specific statistics on homelessness, including a 7% increase in a year and an 11% chronically homeless figure, with a large homeless population in Essex, Bergen, Mercer, and Middlesex Counties. Dr. James Hughes was a speaker on the topic of Housing in New Jersey. Statistics include that in 2008, there were 16,000 housing starts, which is down 25% from the normal figure of 24,000. There is less sprawl at this time. There were 50,000 foreclosures, and the figure is stabilizing; NJ was "nowhere near" where other states are in these figures. Mr. Tatsch continued by saying that there is a great need for special needs housing, and the state is looking for these types of facilities.

Jim Robbins, the Township's Municipal Housing Liaison, was also present at the Summit, and he is preparing a resolution for the Township's adoption at the April 23 Township Committee meeting. Mr. Tatsch will be in contact with him prior to that time for an explanation of what is being proposed so that the Township Committee can understand the State's request before approval of the resolution. NJ COAH is requiring a sign-off from the municipality that it is willing to pay out of funds or go out for bond if their COAH fees do not adequately cover expenses. Mr. Robbins is trying to craft the resolution to include a maximum amount that the Township is willing to fund or bond. Planner Frank Banisch also attended the Summit, and he felt that Mr. Robbins' idea was "novel … and a good approach." Mr. Tatsch concluded that he wanted to give the governing body "a head's up" that they have to approve the resolution to have the COAH plan approved.

Mr. Matheny's 2009 contract was approved on a motion by Mr. Tatsch, seconded by Mr. Martin, and carried unanimously at this time. (See Unfinished Business, above.) He also mentioned that he will be starting the next segment of his Qualified Purchasing Agent courses next Friday.

ADJOURNMENT

There being no further business, Mrs. Cregar made the motion, seconded by Mr. Martin, and it was carried unanimously to adjourn the meeting at 10:00 p.m.

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Teresa R. Stahl, RMC/CMC

Municipal Clerk