WEST AMWELL TOWNSHIP COMMITTEE MEETING

November 19, 2008

CALL TO ORDER AND STATEMENT OF COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT

The regular meeting of the West Amwell Township Committee was called to order at 7:45 p.m. Present were Mayor William J. Corboy, Deputy Mayor Ron Shapella, Committeeman Frank P. Masterson III and Committeeman elect Thomas Molnar. Attorney Philip J. Faherty III was absent. Also in attendance were Sean Pfeiffer, Cathy and Chester Urbanski, Hal Shute, Vic. Peccarelli, Bruce Gage, Steve Bergenfeld, Tom McMillan, Rich Storcella and reporters Linda Seida and Renee Kiriluk-Hill.

In compliance with the Open Public Meeting Act, Mayor Corboy announced that this

meeting is called pursuant to the provisions of same and was included in a list of meetings sent to the Lambertville Beacon, Hunterdon County Democrat and Trenton Times on January 1, 2008, posted on the bulletin board in the Municipal Building on said date and has remained continuously posted as required under the Statute. A copy of this notice is and has been available to the public and is on file in the office of the Municipal Clerk.

The meeting was recorded via digital recording system and a copy of the CD is on file in the Office of the Municipal Clerk.

PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG

Committeeman-elect Thomas Molnar led the assembled group in the pledge to our country’s flag.

AGENDA REVIEW BY TOWNSHIP CLERK

The following items were added: 8.A. 3) Additional letters; C. 2) By-laws; 9. Unfinished Business: Census request, Cushing letter, Cooperative Pricing Resolution, Resignation letter/Longo, Interim appointment Resolution, Petrelli letter, and M. Karrow letter Deleted were: 7.A. FFA Update; 9.B. Calton/Centex Bond Release Resolution.

ANNOUNCEMENTS

Mayor Corboy made the following announcements:

• Open Gym for Adults Members of SHR Community - Mondays 7:30-9:30 p.m.

• Brush Drop-off/Mulch Pickup runs Alternate Saturdays from those of Recycling

Depot, from 8 am to 1 pm

• Township Offices are Closed November 27 & 28 for the Thanksgiving Holiday

• Town Hall COAH Meeting with Asw. Karrow on December 3^rd

• December Township Committee Meeting Schedule – 10^th and 30^th

· Please Come to the Table if You Wish to Address the Committee

· Kindly Turn Cell Phones Off During Meeting

PRESENTATION OF MINUTES

The November 5, 2008 Regular and Closed Session minutes were approved on motion from Shapella and seconded by Masterson. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

OPEN TO THE PUBLIC/TOPIC NOT ON THE AGENDA

Deputy Mayor Shapella requested seasonal refreshments be served at the December 10^th meeting.

Tom McMillan and Rich Storcella came forward to express concerns of protocol and requirements of the conservation easement on Block 23 Lot 19.04 with regard to zoning allowances for structures and future use. Mr. McMillan worked on this subdivision some years ago and questioned the process of establishing a conservation easement and whether the deed changed. He referenced November 16, 2004 Planning Board minutes which note changes to the easement in an Ordinance which was later approved by the Township Committee. He also expressed concern about wetlands; DEP guidelines; and feels there are some issues about this which seem to have been addressed very November 19, 2008 Minutes

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casually at the time. More recently, the property owners approached the Zoning Board of Adjustment with an application for a riding arena. Mr. McMillan raised issue regarding the definition of a “farm” and whether the Planning Board understood the scope of what was intended. This property is farmland assessed for woodlot management with trees being the source of revenue. Soil Conservation was contacted and work halted on recent excavation there. He contends the language in the Woodlands Protection Ordinance may be lax or vague and wonders if this work is in compliance.

Mr. Storcella spoke about his neighboring property, by expressing concern over the size of the building in his backyard; the future use of this structure for horse shows; and, bringing in trailers, quads, and foot traffic. While he is not opposed to horses and a barn within the limitations of township provisions, he mentioned a DEP letter referencing a horse barn and pastures; but was unaware of a riding arena. He questioned whether the Conservation Easement was properly done.

Mr. Shapella, who was not on the Planning Board at the time but in attendance at the meetings, stated that request for installation of a horse barn was not deemed an intensive use and was discussed by the Planner with the Board to address zoning requirements. The definitions for accessory structures are currently under review for the Master Plan.

Mr. McMillan and Mr. Storcella are interested in knowing whether a notification to surrounding property owners was done, and are seeking to protect township residents from similar situations in the future. The Committee agreed the Planning Board files be researched and that Attorney Shurts be consulted regarding his recommendations for this variance. Attorney Faherty and the Zoning Official should also review the information for verification in this matter.

Vic Peccarelli approached the Committee to raise a quality of life issue for him compromised by the offensive odor created by the material being spread on the Fulper farm fields. A permit issued by DEP to Johanna Foods, Inc. allowing them to dispose of their waste yogurt by-product is due to expire in January 2009. The waste product is typically sold to a willing farmer who is paid by the company to accept the material for use as a fertilizer to spread on their fields. Mr. Peccarelli has consulted with the County and DEP about this and related that as well as creating an extremely unpleasant odor, the sludge may qualify as air pollution. Since this waste is not generated by the farm he feels it unfair to taxpayers to have to put up with it. He wondered about this affecting the resale value of his home; is in opposition to renewal of the permit; and, considers placing a newspaper ad to that effect. He also would like to obtain a record of when Johanna delivers the product and an accounting of when it was spread.

Mr. Shapella acknowledged the problem, citing that he had driven through it and had the material stuck to his vehicle. He said that a number of concerns have been expressed regarding the issue although people are reluctant to come forward. Even within the allowances of the permit, he is certain it should not create a public nuisance. The Township has no jurisdiction in this. In order for something to be done names would be needed. DEP will not hold a public hearing; however, public comments will be accepted.

Mayor Corboy suggested noticing the potentially affected residents so that they have an opportunity to respond. He said that while the Township could take no action, perhaps the County could provide some direction to determine how other towns have gone about eliminating this. The permit does not designate where the material is dumped, nor does it govern who they contract with to accept the product.

Mrs. Urbanski relayed that she too has had numerous calls regarding this and has spoken with Pat Brown at DEP who recommended that individuals lodge their complaints to the hotline. She suggested that a public hearing could happen here. Food processors can dump their waste with restrictions, one being that it must be tilled within three days. Mr. Urbanski added that the longer the waste sits the more it ripens. If the November 19, 2008 Minutes

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product is spread and immediately tilled it is less odiferous.

Mr. Peccarelli hopes that the Township Committee and residents will not endorse the re-issuance of this permit.

INTRODUCTION OF ORDINANCE AND/OR PUBLIC HEARING AND/OR SPECIAL PRESENTATION

FFA Update: (DELETED)

SPECIAL AND/OR STANDING COMMITTEE REPORTS

Open Space

- Municipal PIG Farmland Preservation Ranking System: Mr. Pfeiffer stated that our municipal farmland preservation grant application is due December 15^th to SADC. As it was last year, this years’ criteria draft has been reviewed and approved by the Agricultural Advisory and Open Space Committees. This year’s application, with two additions and some minor corrections, received no comments from the SADC other than that we need to formally adopt the system. Municipal PIG projects still need to be ranked, but given the availability of funding for some farms in other programs, ongoing litigation, and readiness of landowners to proceed, the farms to be considered for 2009 will be: Nun, Hanover Shoe and Gulick III. Funding of the County PIG is yet to be determined; therefore, it is advisable not to process the application for Gulick III until that availability is established. A policy decision with regard to pre-acquiring easements needs to be made or risk is created by the severe funding limitations going forward. Putting money up front rather than cost-sharing, would tie up funds for potential ’09 projects. The County direction is to not use installment payments for new municipal PIG. Therefore, it is more feasible not to pre-acquire allowing our municipal funding to go further and provide ability to work on more projects. The Committee was in agreement to not pre-acquire in this economy or risk jeopardy if the money does not materialize from the State.

Shapella motioned to authorize the Municipal PIG grant for submission, and Masterson seconded. Roll call: Masterson-aye, Shapella-aye, Corboy-aye

- Phase I Environmental Assessment on West Amwell Ltd, B8/L20 & 36: Copies of the report were provided to HLTA, the County, SADC and Toll Bros. Concern over items such as in-ground storage tanks and asbestos was discussed. Recommendations need to be reviewed and any additional steps, if necessary, need to be decided upon.

- Letters re: Jingoli, Roebling, Halper, and Hunt Farms: Mr. Pfeiffer circulated draft letter to promote interest for potential preservation of farmland for Committee review and approval. The letters would be distributed to landowners of the Jingoli, Roebling, Halper and Hunt farms which were suggested as possible projects by the Open Space, Ag Advisory and/or Township Committees. It is unlikely that the municipal PIG will ever have the necessary funding for the larger farms. However, County PIG and/or SACD direct programs may be options in the future.

Approval of the letters for distribution and authorization for the Mayor to sign was offered on motion by Shapella and seconded by Masterson. Roll call: Masterson-aye, Shapella-aye, Corboy-aye

- Authorization to post October 2008 Minutes on Website: Approved

- Authorization to post 2006 and 2007 Minutes on Website: Approved

- Discussion on Open Space Newsletters: Funding for publishing and mailing the newsletter is in the budget. Address labels will be needed from Assessor Gill. Approved.

- Open Space Bill List: Approved

- Project Status Updates: 1) $27,649.00 was received from Hunterdon County for the municipal grant program, with special thanks from Mr. Pfeiffer to Cathy Urbanski for her efforts in completing the grant application. 2) Guy DeSapio announced at the CADB

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meeting that the Freeholders don’t intend to fund nonprofit program projects in 2009. It was reported that only $2 million dollars may be available for distribution in ’09 for all programs including County and Municipal PIG for farmland preservation. 3) East Amwell is sending a letter to the County Freeholders requesting they reconsider the funding for nonprofit farmland preservation. It may be helpful if other mayors lobbied this as well. Mr. Pfeiffer will draft a letter to this effect on behalf of West Amwell. 4) More information is needed regarding West Amwell Ltd. (Toll Bros. South), to clarify some issues for this project, particularly County funding. Discussions continue. 5) Amwell Chase, (Toll Bros. North), is now ranked #2 due to some drop-outs. It previously ranked #4 in the County PIG. Sufficient funding is confirmed available to fully fund the easement. Toll is late in returning the option agreement and this is being challenged by another landowner further down on the list. County Counsel is notifying Toll that the agreement is due within 15 days or they are out of consideration. This however, does not mean there are not other options available, but the consequence is that these would take longer and are less certain of funding. 6) According to Kevin Richardson at Hunterdon County, the limited funding situation precludes the availability of county cost sharing on the Kaluzny property. The property has been on the market for over a year and the Kaluzny’s are only interested in a fee simple sale, not the easement. 7) In order to move forward, Open Space is awaiting a decision regarding possible amendments to the exception area boundaries on the Kilmer property. 8) The Comly property has received certified market values from SADC for the 140 acres on Barry road. This is fully funded by the State with no Township cost share. A formal offer is expected to be sent to Comly soon. 9) Bonnie Eick has submitted her resignation to the Open Space Committee.

Environmental Commission

- Authorization to Post Sept 11, 2008 & Oct 9, 2008 Minutes on Website: Approved

- Discussion & Possible Approval of Addendum to By-Laws: The Commission would like to be granted authorization to appoint associate members to their board. This ability would allow for people who would like to participate in the meetings and discussions but would be ineligible to vote. State Statute dictates the Mayor appointing 5 – 7 voting members for the board but does not preclude non-voting associate members. The request and addendum to the Environmental Commission by-laws was acknowledged and approved by the Township Committee upon motion by Shapella, seconded by Masterson. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

- NJLOM Mayors Committee for a Green Future - Green Future Grant: $10,000 and up available, information is forthcoming.

Ag Advisory

- Farm Market – Possible Resolution: Mr. Urbanski formally requested the Township Committee endorse the West Amwell Township Farm Market slated to open spring of 2009. He expressed excitement about the opportunity and wishes to produce an informational postcard inviting residents to visit the market and to solicit local vendor’s participation. Mr. Shapella read the card aloud citing the amenities offered, noting it needs a bit of tweaking but the Committee approved its production and mailing for early next year. Mailing labels will be needed from Assessor Gill. A few concerns from the public were raised such as: traffic issues on recycling days; clean up after the pony rides; ruts on the property in wet weather; and, certification for bakers. It was noted that the market would be an ideal activity for the FFA students to participate in.

RESOLUTION #199-2008

WHEREAS, West Amwell has a long standing agricultural history; and

WHEREAS, the Township is supportive of local farmers and their need to market their produce and related products; and

WHEREAS, an opportunity has presented itself for the establishment of a Farmer’s Market; and

WHEREAS, the governing body of West Amwell Township is supportive of

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the concept of hosting a Farmer’s Market on municipal grounds for the benefit of farmers and residents alike

THEREFORE BE IT RESOLVED, that the governing body of West Amwell Township is pleased to endorse the establishment of a Farmer’s Market to begin in the spring of 2009.

Shapella motioned to accept the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

- By-laws: Draft by-laws, which were reviewed and accepted at the November Ag. Advisory meeting, were submitted. The Committee approved the by-laws for adoption.

Parks and Recreation

- Holiday Lighting Contest: Tom Molnar requested permission to promote the Holiday lighting contest again this year. He will confirm with the CFO that funds are available for advertising and gift certificates as prizes. Businesses will be solicited as well for donations. Flyers will be distributed at the Depot.

-Summer Sports Camp Update: Hold for information

- Doggie Park: On hold

UNFINISHED BUSINESS

Expedited Traffic Signs, A2731/S1908 - Mr. Shapella reported this bill, which passed in both houses, allows municipalities to put up signs and regulate traffic. Engineer Clerico maintains data must be compiled regarding accidents in order to make changes. A call to the Governor’s office to register our town’s support of the bill was made by Shapella. He will draft a similar letter to send as well.

Possible Resolution on Amwell Lake No. 1 Dam – Attorney Anthony Koester made an appeal at the November 5^th meeting for West Amwell to sign on in pursuit of obtaining a low interest loan for the rehabilitation of Dam No. 1. The restoration work needs to be done and there is only a short window of time to apply. Having consulted with Attorney Faherty on the matter, Mr. Koester gave assurances that no liability would befall the Township in signing this loan agreement. With no indemnity, it is a win-win situation.

NEW JERSEY 2004 DAM RESTORATION

LOAN PROGRAM

LOWER LAKE STEERING GROUP

AND

THE STATE OF NEW JERSEY

BY AND FOR

THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

RESOLUTION #200-2008

The “Lower Lake Steering Group” consists of Henry and Jacqueline Nelson, Arthur Foran, III, Gordon and Natalie Whiting and Amwell Valley Conservancy, Inc., each of whom own property around Amwell Lake No. 1. The Lower Lake Steering Group has requested the assistance of the Township of West Amwell in connection with its application for a low interest loan from the State of New Jersey, Department of Environmental Protection (“NJDEP”). The purpose of the loan would be to rehabilitate Amwell Dam No. 1 based on a directive by the NJDEP to rehabilitate the dam for the safety of downstream Township residents and public roadways and bridges in the Township.

While there are numerous issues to resolve, the Township is willing to consider participation as a co-borrower subject to resolution of those issues. The Township is

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willing to join in an initial application to the NJDEP State low interest 2004 Dam Restoration Loan Program before the December 31, 2008 deadline, after which such loan will be impossible.

The Lower Lake Steering Group agrees to forward copies of all correspondence with the State, a copy of the Lower Lake Steering Group’s letter of interest, cost estimates and proposed loan agreements, together with whatever other documentation is submitted to the State.

Therefore, the governing body resolves that William J. Corboy, Mayor of West Amwell Township, is authorized, subject to the concerns herein: (a) to execute a loan application as prospective co-borrower with the State for a loan in an amount not more the $640,000.00 to be made to the Lower Lake Steering Group; and (b) to execute any amendments thereto. However, whether the Township will agree to sign any final loan agreement shall be conditioned upon and subject to the discretion of the Township based on the submissions by the Lower Lake Steering Group to the Township.

Shapella motioned to approve the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

COAH Refund Resolution for Block 31 Lot 6 – A recalculation of COAH fees was performed by Assessor Gill.

RESOLUTION #201-2008

WHEREAS, a COAH fee of $1748.02 was charged Judy Giordano for a demolished and re-constructed house on Block 31 Lot 6; and

WHEREAS, it has been determined that this fee was not in line with the equalized assessed value calculation as outlined in Ordinance 25, 2006; and

WHEREAS, the Tax Assessor has recalculated the COAH fee and determined that the total development fee is only $1142.76

THEREFORE, BE IT RESOLVED by the West Amwell Township Committee that a refund of $605.26 in COAH fees be made to Judy Giordano for Block 31 Lot 6

Shapella motioned to approve the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

Resolution to Enter Closed Session

RESOLUTION #202-2008

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances, and

WHEREAS, this public body is of the opinion that such circumstances presently exit,

NOW, THEREFORE, BE IT RESOLVED by the Committee of West Amwell Township, County of Hunterdon, State of New Jersey, as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter.

2. The general nature of the subject matter to be discussed is as follows:

PURCHASE, LEASE AND/OR ACQUISITION OF REAL PROPERTY

3. It is anticipated at this time that the above stated subject matter will be made public when the matter has been resolved.

4. This Resolution shall take effect immediately.

Shapella motioned to accept the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

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Census – Deputy Clerk Haberle conveyed to the Committee dates that were selected to hold testing in the municipal building for hiring potential Census workers. The Census Bureau has advertised in the newspapers for workers to apply for approximately twelve weeks of employment beginning late January. The work entails verification of streets and house numbers by map and GPS and door to door canvassing.

NEW BUSINESS

Endorsement of Housing Element & Fair Share Plan – Resolution – A memo was received from Shirley Bishop advising of minor changes, additions and corrections to the plan which was reviewed and approved by the Planning Board. The adopted plan is due to COAH by December 28, 2008. Some comments regarding the application of developer fees, as governed by Ordinance #26, to farm buildings being the same as those for construction of residential dwellings and additions may need clarification.

RESOLUTION #203-2008

WHEREAS, the Planning Board of West Amwell Township, Hunterdon County, State of New Jersey, adopted the Housing Element of the Master Plan on November 18, 2008; and

WHEREAS, a true copy of the resolution of the Planning Board adopting the Housing Element is attached pursuant to N.J.A.C. 5:96-2.2(a)2; and

WHEREAS, the Planning Board adopted the Fair Share Plan on November 18, 2008; and

WHEREAS, a true copy of the resolution of the Planning Board adopting the Fair Share Plan is attached pursuant to N.J.A.C. 5:96-2.2(a)2.

NOW THEREFORE BE IT RESOLVED that the Governing Body of West Amwell Township, Hunterdon County, State of New Jersey, hereby endorses the Housing Element and Fair Share Plan as adopted by the West Amwell Township Planning Board; and

BE IT FURTHER RESOLVED that the Governing Body of West Amwell Township, pursuant to the provisions of N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5:96-3.2(a), submits this petition for substantive certification of the Housing Element and Fair Share Plan to the Council on Affordable Housing for review and certification; and

BE IT FURTHER RESOLVED that a list of names and addresses for all owners of sites in the Housing Element and Fair Share Plan has been included with the petition; and

BE IT FURTHER RESOLVED that notice of this petition for substantive certification shall be published in a newspaper of countywide circulation pursuant to N.J.A.C. 5:96-3.5 within seven days of issuance of the notification letter from the Council on Affordable Housing’s Executive Director indicating that the submission is complete and that a copy of this resolution, the adopted Housing Element and Fair Share Plan and all supporting documentation shall be made available for public inspection at the West Amwell Township municipal clerk’s office located at 150 Rocktown-Lamb. Road, Lambertville NJ 08530, during the hours of 8:30 a.m. and 3:30 p.m. on Monday through Friday for a period of 45 days following the date of publication of the legal notice pursuant to N.J.A.C. 5:96-3.5.

Shapella motioned to approve the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

Direction for Professional Service Contracts for 2009 – The Mayor requested the list of professionals currently contracted before considering changes for next year.

Proposed Accessory Apartment Legislation – The Committee looked over the proposed legislation deferring it to the Affordable Housing Board for consideration and their recommendation. Planner Bolan was also forwarded this material. This could have serious impact on our COAH numbers. (The senate sponsor is Majority Leader Stephen November 19, 2008 Minutes

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Sweeny).

Extension of Time for COAH Housing Plans, Letter from Stony Brook Millstone Watershed – It was acknowledged that the COAH deadline should be postponed until next spring. Mr. Shapella volunteered to draft a letter to this effect noting that our Waste Water and Storm Management Plans are already adopted so this may not apply to us.

Request for Interest in PARIS Grant Application Continuation – Letter & Resolution – The consensus was there is no harm in renewing our participation in this program.

RESOLUTION # 204 -2008

The Township of West Amwell, County of Hunterdon, State of New Jersey

Paris Grants Program

Shared Services with Hunterdon County

WHEREAS, the State of New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (PARIS) grant program to meet the strategic records management, preservation, and storage needs of county and municipal governments; and

WHEREAS, a top priority of the PARIS grants program is to achieve efficiencies of cost and operation through shared services and to create a service structure for municipalities and County governments; and

WHEREAS, in the 2009-10 grant cycle, priority funding will be given to county projects to perform municipal inventories, needs assessments and strategic plans for all of their municipalities; and

WHEREAS, the Township of West Amwell desires to collaborate with Hunterdon County in the Performance Records Reorganization, Inventory & Purging Continuation Project; and

WHEREAS, the Township of West Amwell is acknowledging that their eligible funds, in the amount of $40,000.00 will be leveraged with Hunterdon County; and

WHEREAS, the Township of West Amwell is acknowledging that any balance of leveraged monies will be utilized by the County for the purpose of the completion of the County Records Center PARIS grant expansion project and or other PARIS/County approved initiatives; and

WHEREAS, the Township of West Amwell is acknowledging that Hunterdon County would be both the lead agency and the applicant for such a proposal; and

WHEREAS, the Township of West Amwell is acknowledging the State is the final determination of the 2009/2010 PARIS grant program and projects and agrees not to hold the County responsible for the application, project and funding award as determined by the State of New Jersey PARIS grant program for the Township of West Amwell and the purposes set forth above; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Committee of the Township of West Amwell, that the Township of West Amwell does support and commit to cooperation and participation in the PARIS grant for the purposes set forth above, and to execute and deliver all documents required incident thereto.

This being submitted at the regular meeting of the Township Committee held on November 19, 2008.

Shapella motioned to approve the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

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2009 Budget – Particular Areas for Early Discussion – Budget requests are being circulated by the CFO to the various boards and departments for 2009. It was decided that budget discussion would commence in January. Preliminarily, however, local revenues were mentioned as to what impact they would have; consideration for reinstatement of a second clean-up day; and, a contract with Lambertville to supply the garbage truck were touched on. Our current garbage hauler is being paid month through March. The Planning Board might like to circulate postcards announcing a public meeting to encourage participation in the Master Plan re-exam, and postage and printing costs to be factored in the “09 budget. The Mayor requested a copy of the Salary and Wage Resolution and a breakdown of employees who work full time and those that work part time along with their regularly scheduled hours. It was noted that the Police contract is up in 2010. An accounting of police overtime was submitted. Mr. Shapella questioned money for Chip-Seal for Hancock Street. Road Supervisor Hoagland will be contacted to determine what other streets may remain unpaved. A quote for a Gas-Boy is pending.

Request for Agenda E-mail List to Include Committee Chairs – The Committee had no objection to their inclusion.

Letter from Judge Cushing – With regret and words of appreciation expressed to Municipal Court Administrator Hoagland, Deputy Ct. Admin. Anderson, the Prosecutors, Phil and Sean Faherty, Public Defender Hartman, the Police Department, Clerk Olsen and office staff, Judge Cushing notified the Mayor and Township Committee that he does not wish to seek re-appointment as Municipal Judge. The Committee noted that this will need to be acted upon swiftly to fill the vacancy. The court administrator will post the advertisement.

Resolution for Entering a Cooperative Pricing Agreement – Bruce Gage shared information regarding the opportunity to participate in a coop along with the City of Lambertville, West Amwell Elementary and South Hunterdon Schools. The former, who have already adopted this Resolution, would be able to apply for grants in pursuit of solar and other energy alternatives and projects. There was a consensus that with energy costs on the rise, this is a viable time to be in on any available monies for researching energy savings possibilities for our schools and government offices. This will also provide opportunities to become informed of what resources are available for the future. Lambertville will spearhead the proposals and coordinate with the schools. There is no financial commitment and no demands on the Township by joining.

RESOLUTION #205-2008

A Resolution Authorizing the Township of West Amwell to Enter Into a

Cooperative Pricing Agreement

WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and

WHEREAS, the City of Lambertville, hereinafter referred to as the “Lead Agency " has offered voluntary participation in a Cooperative Pricing System for purchases including solar energy and other alternative energy sources, goods and services;

WHEREAS, on Nov. 19, 2008, the governing body of the Township of West Amwell, County of Hunterdon, State of New Jersey duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services;

NOW, THEREFORE BE IT RESOLVED as follows:

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TITLE

This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the Township of West Amwell.

AUTHORITY

Pursuant to the provisions of N.J.S.A. 40A:11-11(5), the Mayor of the Township of West Amwell is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency.

CONTRACTING UNIT

The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey.

EFFECTIVE DATE

This resolution shall take effect immediately upon passage.

With the changes noted Shapella motioned to approve the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

Letter of Resignation – Electrical Official Longo submitted his letter of resignation to the Construction Official effective December 1, 2008.

Resolution Appointing an Interim Electrical Subcode Official

RESOLUTION #206-2008

INTERIM APPOINTMENT

WHEREAS, the Township of West Amwell is in need of an Electrical Subcode Official starting on December 1, 2008; and

WHEREAS, Philip Izzo is qualified to perform the stated duties and has expressed an interest in serving in this capacity until such time as the position can be filled

THEREFORE, BE IT RESOLVED that Philip Izzo be appointed Electrical Subcode Official as of December 1, 2008 to serve until the position can be advertised and filled

BE IT FURTHER RESOLVED that Mr. Izzo be paid a pro-rated salary based on Resolution #48, 2008 adopted February 6, 2008.

Shapella motioned to accept the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

Petrelli Letter – Mr. Shapella commented on a letter received from an Orleans Development resident regarding a conflict over fencing. The homeowner installed pool compliant fencing around their pool. Orleans also installed fencing according to the development agreement that happens to run parallel to this pool fence and within 1 to 2 feet of it. This creates a potentially hazardous situation which needs to be remedied. Orleans was notified of the situation by the homeowner with no response. The hope is that Orleans will be required to take down or move their fence beyond 6 feet of the property line to eliminate any liability. The Committee feels that the Township Attorney should review the information and make a recommendation.

Karrow Letter – Assemblywoman Marcia Karrow forwarded a copy of the announcement that she received from DOT citing municipalities who are recipients of funding from the 2009 Municipal Aid Program. West Amwell Township is expected to receive $200,000.00 toward improvements for Rocktown Hill Road. In addition to the $750,000.00 awarded for Rocktown-Lambertville Road, over 1.5 million dollars toward road improvements has been extended to West Amwell at no cost to taxpayers.

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OPEN TO THE PUBLIC – There were no additional comments.

ADMINISTRATIVE REPORTS

Treasurer –

RESOLUTION #207-2008

WHEREAS, N.J.S.A. 40A:4-58 permits appropriation transfers during the last two months of the fiscal year between line items of the municipal budget; and

WHEREAS, it has been determined that certain line items are in excess of the sums needed and certain line items have insufficient funds to complete the operation of the fiscal year

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of West Amwell, County of Hunterdon, State of New Jersey, that the following transfers be made between the Budget Appropriations as follows:

From To

Other Code Enforcement Functions:

Salaries & wages $ 1,000

Liability Insurance:

Other expenses $ 2,500

Public Health Services:

Other expenses: $ 3,500

Total $ 3,500 $ 3,500

Shapella motioned to accept the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

RESOLUTION #208-2008

WHEREAS, certain Reserves for Encumbrances remain on the balance sheet of the Current Fund; and

WHEREAS, it has been determined that these reserves should be canceled

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of West Amwell, County of Hunterdon, State of New Jersey that the following Reserve for Encumbrances of the Current Fund be canceled:

Vendor Amount Canceled

QC Laboratories $100.00

Shapella motioned to accept the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

Presentation of Bills for Approval: Shapella motioned to approve the evening’s bills for payment and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

Revenue Report for October 2008: Masterson motioned to accept and Shapella seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

Tax Collector –

RESOLUTION #209-2008

WHEREAS, Robert & Heidi Tomenchok, owners of Block 12 Lot 4.02 have been awarded a credit to 2008 taxes due to a County Board appeal.

The amount of the appeal has been requested by the homeowner, to be refunded: $l,021.70.

November 19, 2008 Minutes

Page 12

NOW, THEREFORE BE IT RESOLVED by the Mayor and Committee of the Township of West Amwell, County of Hunterdon, State of New Jersey to instruct the Treasurer to a check in the amount of $ 1,021.70 for the refund of the County Board Appeal for 2008 on Block 12 Lot 4.02.

Make check payable to: Robert & Heidi Tomenchok

Mail with a copy of this resolution to:

Robert & Heidi Tomenchok

145 Rocktown-Lamb Rd.

Lambertville, NJ 08530

Shapella motioned to accept the Resolution and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

Construction - The October Permit Fee Log, Municipal Monthly Activity Reports for Certificates and Permits, Tax Assessor Permit Report, and Payment Audit Report for NJ Permits were received. UCCARS Monthly Certificate Activity Report, Fee Log Report, Permit Activity Report, Fee Log Report, Cash Audit Report and Federal Census Report were also received. Both systems are currently being used--the former for new permits; the later for older, uncompleted ones.

Police – The October 2008 Monthly Report showing 239 incidents, 98 summonses and 2 warnings as well as arrest statistics and selective radar enforcement was received.

Roads/DPW – Gasoline Usage and Recycling Reports for October 2008 were submitted.

Zoning Officer Report -- The October 2008 report of activities was received.

Shapella motioned to accept the various reports and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

CORRESPONDENCE

The correspondence as listed on the Agenda was ordered filed.

ADJOURNMENT

There being no further business, the meeting was unanimously adjourned at 10:46 p.m. on motion from Shapella, seconded by Masterson.

Respectfully submitted,

_________________________

Sandy Haberle,

Deputy Township Clerk