WEST AMWELL TOWNSHIP COMMITTEE MEETING  

                                        December 30, 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, Committeeman-Elect Thomas J. Molnar and Attorney Philip J. Faherty III.  Also in attendance were Gary Bleacher, Hal Shute, Jason & Irma Fuhr, Sean Pfeiffer, Vic Peccarelli, Fia & Weston Pfeiffer, Joanne Speranza, Cathy & Chester Urbanski, Lolly Hoagland and reporter Linda Seida.

 

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

Vic Peccarelli led the assembled group in the pledge to our nation’s flag.

 

AGENDA REVIEW BY TOWNSHIP CLERK

The following items were added:  10. New Business: A3570-COAH Legislation; 12.D Clerk/Human Resources: Buchanan Resolution.  Deleted were: 8.A Open Space Invoices; 12.A Treasurer Reports; and 12.B Tax Collector Monthly Report

 

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 Alternating Saturdays from Recycling

                    Depot, 8 am to 1 pm

• Township Offices are Closed January 1, 2009 for New Year’s

• Township Re-Organization Meeting January 1, 2009 at 1 p.m.

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

• Kindly Turn Cell Phones Off During Meeting  

 

PRESENTATION OF MINUTES

Minor corrections were made to the December 10, 2008 Special and Regular meeting minutes and the December 23, 2008 Special meeting minutes.  A spelling correction was noted on the December 23, 2008 Closed Session minutes.  With the changes notes, the December 10 Special, Regular and Closed Session minutes as well as the December 23, 2008 Special and Closed Session minutes were approved on motion from Shapella and seconded by Masterson.  Roll Call: Masterson-aye, Shapella-aye, Corboy-aye

 

Attorney Faherty requested that the Closed Session minutes scheduled for possible release be held.

 

OPEN TO THE PUBLIC/TOPIC NOT ON THE AGENDA

Joanne Speranza came forward and read a letter concerning the foul stench from the material spread by Mr. Fulper obtained from Johanna Farms and the upcoming January permit renewal.  (Copy appended)  She would like to see various provisions and/or regulations included in a contract between the parties involved and asked that the Township contact Johanna Farms to request it.  These are: 1) Johanna Farms will notify the Township Clerk of the date and times of all deliveries; 2) a regulatory provision that  Fulper confirm the date of spreading; and 3) that the Township receive a copy of the

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Contract.  In addition, she thinks that the Township should be given a copy of the DEP permit.  Ms. Speranza believes that if these proposed regulations are included, tracing and correcting problems would be quick, fair and less time-consuming.  Johanna Farms was amenable to a quick end if there’s a problem and a determination of where the fault lies will be determined by the regulations put into place.  They are willing to do whatever is necessary to defend the production and distribution of their product to insure there is no violation on their part as they do not want bad press.  It is assumed that the DEP permit and the contract will be completed during the same time frame. 

 

Ms. Speranza concluded with an expression of appreciation to Mr. Shapella for his service, stating that he has done a great job and has made the Township Committee more user friendly. 

 

Mr. Shapella commented that the points about the DEP permit and contract were good ones and that the delivery date vs spread date is important.  Mr. Corboy agreed and stated that all agencies need to be responsible and that documents concerning expectations and compliance are needed.  He authorized Attorney Faherty and the Clerk to incorporate Ms. Sperenza’s letter into one to Johanna Farms; to request that a copy of the contract be provided; and, that it contain the items listed in the letter.

 

Ms. Speranza offered that more people are getting involved as the areas used for spreading the material are increasing.  She noted that the smell has also been noticed in the Rock Road area and that there’s a distinct difference between the ‘stench’ and ‘whiff’ odors that occur.  Encouragement was given to the Committee to start now to get the provisions included in the contract documents so as to prevent problems in the future, as DEP cannot pull a permit without exhausting the regulations that are put into place. 

 

A brief discussion ensued about timing of the spread; the condition of the land being using for the application; the need for getting a letter out quickly; how manure is ‘perfume’ compared to this product; and, the need to track the situation until the source of the problem is known.  Jason and Irma Fuhr also commented about the smell that almost made them sick a couple years back.  They had to use air conditioning as there was no fresh air to be had by opening the windows.   

 

Vic Peccarelli came forward and read from a DEP Odor Fact Sheet about how odor is regulated, how complaints are verified and how they are investigated.  Basically, air pollution is defined as ‘the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, animal or plant life or property, or would unreasonably interfere with the enjoyment of life or property.’  The violation needs to be verified by an inspector and fines from $150 $1400 can be levied.  Continuing violations may be subject to penalties up to $15,000 per violation.  Mr. Peccarelli referenced a letter from DEP to Johanna Farms in 2000, stating that all piles had to be labeled, logged per farm, dated, as well as amount delivered.  It also stated that lime should be added to dissipate odor and that once delivered, the farmer was to add lime.  Mr. Fulper was copied.  Mr. Peccarelli is hopeful that the Township Committee can do something and suggested that perhaps the cops could verify delivery. 

 

A brief discussion ensued about the availability of a DEP person on the weekend; if there was an emergency number that was monitored; and, if there was follow through on complaints.  1-800-WARNDEP is the number to be used for complaints and there is a person on duty, according to Mrs. Urbanski.  It was re-iterated that all parties need to recognize their responsibility—Johanna Farms, the Township, DEP and the Fulpers—in order to protect the air environment and reduce/eliminate the problem.

 

Gary Bleacher urged that a reasonable solution be sought.  There may be opinions on both sides but as a township that supports agriculture, there’s a responsibility to see the

situation resolved.

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Sean Pfeiffer came forward to relay information from a recent article in the Star Ledger.  Apparently the federal EPA is considering a ‘cow tax’ due to farm animals being a source of greenhouse gas emissions--$170/per dairy cow; $85/per beef cows and $20/per hog.  This information will also be brought to the attention of the Ag Advisory committee as the proposal could put farmers out of business resulting in more cars and houses.  Mr. Pfeiffer then read the following into the public record:

 

            I’d like to take this opportunity to thank Ron Shapella for all he has done for West Amwell over the last three years.

 

               In considering Ron’s contribution, I’d like to take a step back and reflect on the situation of three years ago, before Ron took office.  I think a little comparison will demonstrate how Ron’s service has improved our municipal government in a number of key areas. 

 

               Records retention and security

               Before: The year before Ron took office, the New Jersey State Police Official Corruption Unit seized a large segment of Township records after State Police field investigators who attended a number of Township meetings determined there was sufficient evidence that municipal records were being falsified or destroyed.  The detectives subsequently determined that the chain of custody for critical records was non-existent.  Important records were being stored in cardboard boxes in areas accessible to the public.

                Now:  Records are locked up and securely and permanently retained.

 

               Open government

               Before: Before Ron took office, meetings of advisory committees such as Open Space were closed to the public.  Many committees failed to keep adequate minutes or record their meetings.  Materials available on the Township Web page were sparse at best.

               After: Meetings of advisory committees are open to the public.  Thanks to Ron’s initiative, key advisory committees were required to digitally record their meetings. More information than ever is available on the Township’s Web page.  Ron’s leadership resulted in better communication with the public, as demonstrated by the formal newsletters which have been sent by the Township over the last few years.

 

               Sewer Service Area

               Before: Prior Township Committees had failed to successfully remove a potential sewer service area, prompting a criminal investigation by the State Police Official Corruption Unit. 

               After: Ron took the initiative to rewrite the Township’s wastewater management plan and spent hundreds of hours seeing the application through the process.  Thanks to Ron, the sewer service area is gone, along with the threat of high density development for now.

 

               Ron has also been a leader in preserving our agricultural heritage and rural community character.  In the last three years Ron’s support and assistance has been critical to a number of open space and farmland preservation projects, including the Case, Holcombe, Gulick, and Stiefel projects, as well as the Toll Brothers farm on the south side of route 179, among others. 

               As a member of the Save West Amwell Township Committee, I also witnessed firsthand Ron’s successful efforts toward getting back more than $1 million in state aid earlier this year.

               These are just a few of the accomplishments we should reflect upon as Ron leaves office, and I’d like to thank Ron for his efforts in these and other areas.

               I’d also like to thank Ron for always putting West Amwell first.  Unfortunately, too many elected officials put personal, party, or factional interests above those of the public at large.  For Ron, it’s always been about something more.

               Finally, I’d like to thank Ron for bringing one other quality to Township Committee which is too often lacking both in and out of government, and that’s a sense of honor.  Ron is someone who has never lost sight about the responsibilities of the office to which he was elected, and has truly brought honor to the office he has held the last three years.

               Thank you, Ron, for your service, and I hope you will continue to remain involved in our community.

 

Fia Pfeiffer came forward and proceeded with a personal ‘thank you, Ron Shapella, for your service.  Many people volunteer for personal gain.  You, Ron, on the other hand, dedicated yourself to West Amwell because you really care about the Township, its people, it surroundings and making it a better place to live.’

           

Mr. Corboy offered that there is a significant learning curve involved with this job and a having mentor was an asset.  He has enjoyed working with Mr. Shapella; thought that his sentiments were in the right place; and, hopes that he’ll continue to help out along the way.  He thanked Mr. Shapella for being part of the group and perhaps someday he would sit here again.

 

 

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Chester Urbanski came forward to relay that he enjoyed Mr. Pfeiffer’s statement on all of Mr. Shapella’s accomplishments.  He, too, thanked Mr. Shapella for all that he has done and for the time involved—probably 100’s of hours with all the regular and extra meetings—in his quest to learn, even when attendance was not required.  He believes that Mr. Shapella is the hardest working man in West Amwell; knows more about the Township and its problems than anyone; and, added his thanks.

 

Cathy Urbanski came forward and added her thanks to Mr. Shapella for ‘taking care of all of us.’  It has been a pleasure working with him; his service has been productive; and, a great job has been done, especially with single stream recycling as everyone loves it. 

 

Mr. Shapella took this opportunity to read the following prepared statement into the record:

 

I have always considered it a high honor to serve the people of West Amwell and that is as true for me now as it was the first time I sat at this table as a Township Committeeman.  I would like to thank the voters for electing me in 2005 and I would like to thank Lora Olsen, Sandy Haberle, Phil Faherty and our other municipal employees and professionals for making it easier for us to do our jobs on the Township Committee.  I now look forward to serving the Township in other capacities in the future.

 

I remember something I said in 2004 when I first sat at this table.  I had just been sworn in after Pete Buchsbaum became judge and, after having regularly sat in the audience at Township Committee meetings for a few years, I took my seat up at this table, turned to Nancy Palladino sitting to my right and I said, “Well, this is different.”  That is another thing that I have always remembered and it is as true for me now as it was then.  Sitting up here is different for the simple reason that as elected officials we are able to take direct actions that can shape the future.  I have always believed that we also have a responsibility to do so in a way that honors history by serving the broadest public interests rather than narrow private ones.

 

West Amwell has been around for more than 160 years and there is no reason to believe it won’t be around for 160 more.  So it seems to me that the best anyone can do who sits at this table is to serve the people of West Amwell with the long view in mind.  Unfortunately, the debate continues about what path we should take as a community as we embark on the future.  While West Amwell will be here for many years to come, we still haven’t decided what our town will look like in the coming years.  Will the decisions and actions that we take to shape our future benefit the few, or will they produce results that most of us can be happy with?

 

West Amwell finds itself in a transitional time that has gone on for at least five years now and will likely continue for several years more.  Elected officials grapple with pocketbook issues first and foremost and with myriad decisions that seem significant from one meeting to the next.  The people of West Amwell look to their elected officials to make sure that living here remains affordable.  But in recent years they have also looked to us to do whatever we can to preserve the unique quality of life that we enjoy in West Amwell.  As I prepare to once again take my seat in the audience at these Township Committee meetings, that quality of life still hangs in the balance.

 

In 2003, West Amwell had a once-in-a-lifetime opportunity to avoid making the mistakes that have ruined so many other towns in New Jersey.  We can look at towns all around us to see what happens when development is allowed to take place in an uncontrolled manner.  In the last five years we took action to prevent that kind of development from happening here and we have held the line against great odds.  Tonight, those protections remain in place, and it is unlikely that will change in the coming year.  But the question is, what will happen after that?  How will we know when a future Township Committee begins to act in a way that erodes those protections and begins to affect our quality of life in ways that benefit the few at the expense of the many.

 

There are a number of ways we will know that is happening.  If a future Township Committee begins to roll back protections for water supply and water quality and for West Amwell’s scenic and environmentally sensitive areas – if our elected officials someday decide we don’t need additional protections for stream corridors, woodlands and for our wells and septic systems – then we will know that the tide has turned.

 

If a future Township Committee decides that the Township’s Wastewater Management Plan should be amended to once again allow sewers or onsite community wastewater systems, which are not permitted now, then we will know that the betrayal of the broad public interest has begun.  If our elected officials one day say we must greatly increase development in one section of West Amwell to prevent development that may or may not have ever been able to take place in another part of the township, then that will speak for itself.

 

That kind of center-based development characteristically takes place more rapidly and brings about increased traffic and increased costs for police, fire and new schools.  It also characteristically costs hundreds of thousands of dollars just for planning, and if a future Township Committee ever says that a developer – be it Toll Brothers or what have you – will foot the bill to transform West Amwell in that way, then we will know that the foxes truly are in control of the hen house.

 

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To a great extent, Township Committees past and present perform their duties according to a set of values that are broadly shared in our community.  Municipal spending and taxes are kept as low as possible and the people of West Amwell receive a level of services that fits quite well with the ethic of self-reliance that personifies our town.

 

But as I prepare to take my seat with you in the audience after tonight’s meeting, I remain concerned about the path our community will follow.  I may not have a direct role in helping to determine where that path will take us, but I will continue to do whatever I can to make sure that the people of West Amwell understand what is at stake.  More people need to understand that because we have so much, we have a lot to lose.  There is something else to keep in mind.  We don’t necessarily have to sit at this table to have a role in shaping our future.  But we need to make a commitment to get involved, remain engaged, openly discuss the issues that are important to us and be heard on Election Day.

 

It has been a great honor to serve our community.  It is different being able to sit here and decide what will happen.  But now I ask that we continue to work together and do whatever we can to make our voices heard so we can keep making a difference for the future of West Amwell.

 

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

Municipal Alliance Update:  Jason Fuhr extended his appreciation to Mr. Shapella for his service and wished all in attendance a Happy New Year.  He relayed that his involvement with the Alliance dates back to 1990 when Jim Conover asked him to attend a meeting.  Since that time, he’s been trying to learn exactly what they do.  He then reviewed the activities of the year:

-        Preparations for Emotions 3 with the Delaware Valley Alliance began in January.  The two Alliances share the profits and the proceeds go towards substance abuse prevention.

-        The annual Jason Fuhr golf tournament was held in July, the proceeds of which benefited both the Municipal Alliance and the Rescue Squad

The Alliance receives State money but has to match 25% of it.  The local Alliance uses their funding for Peer Leaders, After School Enrichment, DARE, and Art Enrichment programs.  There’s also an OTC drug abuse program for adults.  Mr. Fuhr believes that this is a worthwhile group and encouraged everyone in attendance to come out to the meetings.  He also mentioned that the ability to meet at the municipal building has been the highlight of the year.

 

Mr. Corboy proceeded to read the following resolution into the record, noting that Mr.Fuhr has been in the Township for ‘a couple of years’ and has touched many lives.

RESOLUTION #225-2008

Resolution to Acknowledge and Extend Appreciation to Jason Fuhr for His Volunteer Spirit

WHEREAS, Jason Fuhr has given generously of his time and talents to the residents of the State of New Jersey and to those of West Amwell Township in particular; and 

WHEREAS, Jason Fuhr is also a veteran of the Korean War; and

WHEREAS, Jason Fuhr served on the West Amwell Elementary and South Hunterdon Regional school boards from 1965 to 1977 and 1975 to 1999, respectively, and during this time also served many years as an appointed member of the NJSIAA; and

WHEREAS, Jason Fuhr and his wife, Irma, started the West Amwell Girls Softball team and was its co-managers for six years; and

WHEREAS, Jason Fuhr also helped to organize the first West Amwell Little League and served as one of its umpires for 11 years; and

WHEREAS, for the past 15 years, Jason Fuhr has held a “Charity Golf Tournament” where he has raised thousands of dollars for various charities and worthy causes such as the Lambertville-New Hope Rescue Squad, Hunterdon Hospice, the Municipal Alliance, Stockton Fire and Ambulance Squad and the Amwell Valley Rescue Squad; and

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WHEREAS, Jason Fuhr is a member of the Phillips Barber Memorial Hospital Board, the Municipal Alliance and an active member of the Stockton Presbyterian Church where he has served as both a Deacon and an Elder; and

WHEREAS, Jason Fuhr currently serves as our South County Municipal Alliance liaison; and

WHEREAS, Jason Fuhr was recently honored as “Outstanding Volunteer of the Year” from Hunterdon County by the Municipal Alliance

NOW BE IT PROCLAIMED, that the Township Committee recognizes Jason Fuhr for all of his years of community service; and

BE IT FURTHER PROCLAIMED, that the Township Committee and the residents of West Amwell hereby add their congratulations and extends sincere appreciation to Jason Fuhr for this most recent award and his 50 years of outstanding community service to our Township, State and Country. 

 William J. Corboy                   Ron Shapella                     Frank P. Masterson III

_______________            ________________             ____________________ 

 William J. Corboy                    Ron Shapella                Frank P. Masterson III  

      Mayor                                     Deputy Mayor                Committeeman

 

A stadium blanket was also presented together with the sentiment that West Amwell is proud to have Mr. Fuhr as a resident. 

 

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

 

SPECIAL AND/OR STANDING COMMITTEE REPORTS

Open Space

      - Update on County Preservation Funding:  Mr. Pfeiffer relayed that at the November CADB meeting, County Counsel announced that the Freeholders would no longer be funding non-profits.  This position was reversed at the December meeting.  Now there will be $2 million available--$1.7 for acquisition and $300,000 for soft costs and all programs can participate.  However, all projects will be tossed together then ranked for the distribution of funds.  Questioned about the whereabouts of the money received from the Open Space tax, Mr. Pfeiffer noted that $2 million will be spent on Courthouse renovations.  The ability to do this came from the ballot referendum that included maintenance, although Mr. Pfeiffer believes that the focus should be on acquisitions at this time as good deals can be had.  There’s a January 15th deadline for the receipt of municipal PIG applications but everything has been submitted for West Amwell.  The Toll project is being handled through the non-profit with Nunn, Hanover Shoe, and Gulick III using County and Municipal PIG monies.  The problem now is not with State funding but County.  Mr. Pfeiffer has suggested to the CADB that a bid down process be used in the new program to make it more competitive.  He asked that the Committee look again that the municipal program in light of what the County is doing, nothing that the Freeholders do not want to bond.  This is what led to installment program which the State finally stopped.  In addition, the County has decided that they’ll now pay up to 20% of the easement value, not 20% of the fee simple acquisition.  The Open Space committee has tried to be aggressive in getting State funding through the different programs but with the County taking a different route, he suggested that perhaps the Township could proceed municipally without the County cost share.   Mr. Corboy found the suggested bid down to be of interest and Mr. Pfeiffer will draft a letter for the next meeting.

      - Authorization to Post Minutes on Website:  Ten sets of Closed Session minutes from 2007 and 2008 plus the lastest meeting notes were approved for posting.

      - Project Status Updates:   1) The first draft of the Toll South survey has been

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received and there are technical issues to be addressed.  Alex Greenwood visited the property to give an opinion on whether to remove the buildings after closing or leave them.  The suggestion was to remove the small house and farm buildings but to leave the large house as it is over 200 years old--evidenced by straw in the walls and hand crafted nails.  The house frame and roof were determined to be okay and there’s no obvious contamination.  It’s a historic property and its fate would depend on the buyer but the option should be given.  The property could be auctioned with the option to keep the house or knock it down.  The exception area around the house is not rectangular; this needs to be corrected as once the property closes, there can be no change as the State gets the easement.  Consequently, this configuration needs to be fixed.  As for moving the exception area nearer to the highway, it was determined that, visually, the area is better where it is currently located.  Mr. Greenwood has been requested to provide an estimate for removal costs but it is not expected to be significant, especially in light of the discounted price of the property.  2) An agreement has been reached on the Comly property on Barry Road according to an e-mail received from Gary Pohorely.  A 2009 contract and closing are anticipated.  There is no Township cost share as this is a SADC direct purchase.

 

Environmental

      - Proposed Letter to USEPA re: Curtis Paper Mill: Cathy Urbanski relayed that this abandoned property, the former Riegal Paper Company, is leaching PCBs and other dangerous pollutants into the Delaware River and the canal.  The request is for EPA to add this abandoned mill site to the superfund list.  Although the Township doesn’t have a lot of river frontage, a portion of Township residents get their water from the canal.

The letter as presented was approved for the mayor’s signature.

      - Notice of Agriculture Water Use Application (Case Farm) SADC:  The application calls for the diversion of 17.3 million gallons of water per month at a maximum rate of 450 gallons per minute from three wells to be installed on this property.  Mrs. Urbanski spoke with Erin Schumacher who is coordinating the application and learned that the action has been approved by Rutgers for horticultural crops and drip irrigation.  The report indicates that there is an underlying Passaic formation and that the soils are silt/loam.  She noted that the soils referenced do not match those in the Mulhall report.  In a conversation with Gary Pohorely of SADC she was advised that DEP has changed the initial 450 gpm/8 hour day to 6.7 million gallons/month.  Mrs. Urbanski is concerned that there’s been no testing for local well impact; the area contains a tributary to the Alexuken; and the diabase in Passaic runs only 5-6 gallons/minute.  A letter from the Township is needed in order for an advisory counsel to be set up.  Apparently a similar plan is underway for the Holcombe property.  Mrs. Urbanski noted that the capacity of the Passaic formation is lower in Hunterdon County and the Mt. Airy section will be adversely impacted with this plan.  Concern was expressed over something like the Garden State Growers coming in and the need for impervious coverage language.  The State is obtaining water rights everywhere in the State on their acquisitions.  Mrs. Urbanski will draft a letter for the next meeting.

 

Hal Shute came forward to urge that the Environmental Commission and Township Committee go slow on requesting a public hearing until all data is obtained.  He reminded the Committee of the severe development pressure that was on the Case property and the fact that it is zoned highway industrial.  There was also development pressure on Holcombe.  The State put several million dollars into the Township with these acquisitions and now Comly is coming on board.  He warned that the Township shouldn’t ‘bit the hand that feeds us’; that we should share our information with the SADC; and, that perhaps DEP is doing work for the Township.  

 

Mr. Shapella stated that Township concerns need to be addressed and suggested that perhaps Matt Mulhall be contacted.  Mr. Corboy expressed concern about the process if the quantity of water is not found and would like assurances that the proposed pumping won’t deplete the aquifer.

 

Mr. Pfeiffer offered that the State has spent over $4 million dollars in West Amwell

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which limited their funding and cooperation elsewhere, so he is not anxious to ruffle feathers.  He also reviewed the history of getting funding in place for Case and Holcombe and stated that it has taken a couple of years to line up funding for Comly.  The State doesn’t have to spend money in West Amwell but that we’ve gotten 2 times more than most municipalities.

 

Parks & Recreation

      - Possible Announcement of Holiday Lighting Contest Winners:  Mr. Molnar relayed that between the snow storm and the fog, this was delayed but that the judging has been completed.  Item held.          

 

UNFINISHED BUSINESS

Date for Joint Municipal Meeting to Discuss Shared ServicesTuesday, January 27, 2009 at 7:30 p.m. has been selected.  Both Mr. Corboy and Mr. Molnar will attend.  A notice will be needed and a reminder was requested.

 

1 Lake Drive Update – Several e-mails and a phone call have yielded no monetary response from the mortgage company that authorized the Township to complete exterior yard maintenance in order to avoid pending citations.  The property was up for Sheriff’s sale as of December 10th.  Attorney Faherty confirmed that it is too late to place a lien on the property but was authorized to send a letter.  Details will be provided.

 

Decision on Municipal Judge Position – Four applicants were interviewed with three finding favor.  Consensus was reached for Ray Barson.  Mrs. Hoagland was delighted and will make contact for his swearing in.  

 

Shapella motioned to offer the position to Judge Barson and Corboy seconded.  Roll Call:  Masterson-aye, Shapella-aye, Corboy-aye

 

Status of January 1st Preparations – Mr. Shapella confirmed that the Scouts will participate.  The FFA, however, is unable to take part this year.  The proposed meeting schedule was reviewed and approved.  However, meetings will begin at 7 p.m. in 2009.  A calendar with meeting dates delineated was provided.  Resolutions on business order and official newspapers were approved as presented.  The temporary budget resolution was more problematic as over $52,000 in settlement money for the Combs law suit is due by February 15th in addition to possibly another $2000 in defense costs.  The Fulper lawsuit numbers for the first three months are unknown and this line also pays the Township Attorney.  The Road Supervisor has indicated a need for 600 tons of salt but that will lock up $41,000 until November.  Last year’s usage was approximately 391 tons and around $21,000.  The Committee approved 450 tons and requested that Mr. Hoagland negotiate with the County if more is needed prior to November.  The other questionable item is the 50% deferment of pension payments in that legislation has yet to be signed into law.  There’s not a lot of wiggle room as the temporary budget is constrained to a percentage of last year budget appropriations with certain categories excluded.  The decision was to go with the numbers has presented by the CFO this evening with the ability to amend on January 21st.

 

Other resolution questions included:  1) The Emergency Management Committee for 2009 has slots for Public Information Officer, Public Health Officer and Social Services that are to be filled by the Committee.  Mr. Corboy will take the Public Information Officer as mayor again this year with Mr. Masterson taking Public Health and Mr. Molnar the Social Services slot.  2)  Mr. Burgard is expected to continue as PAIC Commissioner.  3)  Regarding the appointment of a Safety Coordinator and Alternate, the Clerk stated that there is now a 2 day program for this.  As the course outline includes items more normally associated with the DPW and OSHA, she suggested that perhaps Glenn Baran would be a better selection with Lt. Bartzak as the alternate.  Mr. Baran’s interest will be determined.  4) The Planner slot will be held pending Planning Board action in January.  5)  Room usage fees will remain in effect although to whom it would apply, other than the 319 grant situation, was questioned.

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A draft agenda for Re-organization was provided.  The 2009 Trash/Recycling flyer will be distributed this weekend.  There will only be one recycling date in July and, if a truck breakdown occurs, recycling will take place the next regularly scheduled day.   The tax collector provided information on money owing for 2008 vs 2007.  This year there is $138,145.87 due; last year it was $153,234.37.  There will be a new provider for the Fire Company Volunteer Accident Insurance.  The cost will be slightly more but the coverage limit was increased to $25,000.  The reason for the change was that the former had ties with AIG.   

 

Resolution to Enter Closed Session 

 

Resolution #226-2008

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 exist,

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:

                                                        LITIGATION

               PURCHASE, LEASE AND/OR ACQUISITION OF REAL PROPERTY

                                                       PERSONNEL

          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 adopt the Resolution and Corboy seconded.  Roll Call:  Masterson-aye, Shapella-aye, Corboy-aye

 

NEW BUSINESS

Proposed Budget Workshop Date on January 7th at 6 p.m. – The date and time were found agreeable.  This session will be primarily an overview of this year’s budget challenges.

 

Tomenchok Inquiry & Proposed Letter – An e-mail was received from resident Heidi Tomenchok about the recent meeting with Assemblyman Doherty on outdoor wood burners.  She noted that there was no Township representation, which she felt showed a lack of respect for affected residents and their private property.  Mr. Corboy prepared a letter of response and read it into the record as follows: 

 

Thank you for your recent letter about the meeting Assemblyman Doherty held on the issue of outdoor boilers.  While the Township Committee was unable to attend this recent meeting there can be no doubt where it stands on this issue.  We took action months ago when first informed about problems West Amwell residents were experiencing and we made our concerns clear, especially regarding respect for private property.

I would like to ask that you not judge the commitment of the Township Committee and the Environmental Commission to protecting West Amwell’s rural heritage and natural resources by one meeting, since, as you know, that commitment has been demonstrated through consistent effort in a number of areas spanning the last several years.  Further, this matter is not an “environmental” issue as such, but instead deals with the areas of regulation and potential legislation, and with the way Trenton affects rural communities.  That is why the Township Committee has taken the lead and has not asked the Environmental Commission or any other advisory committee to get involved directly.

 

The Township Committee did not hesitate in granting Assemblyman Doherty’s request for the use of our meeting room for this meeting on relatively short notice.  Unfortunately, none of us could attend this meeting because of various conflicts.  We have, nevertheless, attended many meetings here in West Amwell, in Trenton, Flemington and elsewhere throughout the year covering issues such as affordable housing, stormwater, the new water quality management regulations, and other areas. 

 

For example, on December 8, the Township Committee and Environmental Commission hosted a community meeting to discuss protection of the Sourland Ridge, where you and your family live.  I also hope you will be pleased to learn that Ron Shapella and I hosted Assemblywoman Karrow’s community meeting in our Municipal

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Building on December 3 where we discussed specific affordable housing issues affecting the people of West Amwell.  That meeting was rather sparsely attended, which was unfortunate because West Amwell’s ability to comply with onerous state affordable housing regulations will have a significant impact on all local taxpayers, compared to the relatively few that own and operate outdoor wood-fired boilers.

 

You also will be pleased to learn, I hope, that the Township Committee went on the record in October with its objections to the way the county Health Department was administering state regulations governing outdoor boilers.  We have communicated a number of specific objections to the county and Ron Shapella has reached out to a local homeowner who was most recently affected.  In addition, if the state reopens the public comment period on regulations governing outdoor boilers West Amwell will respond, as the Township Committee did earlier this year on the proposed affordable housing regulations and has done in the past on other regulatory issues.

 

Mr. Molnar offered that the meeting had an overflow crowd and representation from the Township was absent.  The residents were looking for support and, if there had been at least a prepared statement, it would have helped put the residents more at ease.  A brief exchange between Mr. Molnar and the Committee ensued comparing this particular meeting with one that was held recently with Assemblywoman Karrow on the COAH situation.  Attendance was practically non-existent as there is an apparent lack of resident concern, or perhaps lack of understanding, about the impact of COAH and its  affect on all residents.  The suggestion that responsibilities are being shirked was considered an unfair comment.  Mr. Corboy noted that it appears that DEP has relaxed the regulations for now. 

 

The letter was approved for signature by the mayor.

 

Letter from Joan Smith re: Planning Board Request – Mrs. Smith has taken a job with FEMA which might impact her responsibilities as a full member of the Planning Board.  She requested that consideration be given to removing her from the Class IV position and being assigned an Alternate slot.  Mr. Pfeiffer added that Mrs. Smith wishes to stay involved and has been a good member.  The request will be taken under advisement. 

 

 A3570 COAH Legislation – Assemblymen Biondi and Merkit have introduced legislation to abolish COAH due to its outrageous demands on municipalities.  They believe that the fundamental premise behind COAH is irreparably flawed and the only proper response is to retire COAH and start anew on crafting a state housing policy.  Support for this legislation was requested.  The Affordable Housing Board is supportive.  A copy of the legislation will be obtained and the League’s position sought.

 

OPEN TO THE PUBLIC

Sean Pfeiffer reported that the Township’s COAH plan has been submitted and a receipt obtained according to an e-mail from Shirley Bishop.

 

Gary Bleacher came forward concerning the proposed ‘cow fart’ tax and will provide a draft resolution for Committee consideration.  He commented that DEP Commissioner Jackson has inflicted damage on the State and her new move to the EPA, coupled with an idiot Congress, could move this concept along.  The rural communities need to get together and have their say.  Mr. Bleacher then wished all a Happy New Year. 

 

ADMINISTRATIVE REPORTS

Treasurer

                                             RESOLUTION # 227-2008

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:

 

 

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Page 11

                                                                        From                           To

Municipal Clerk:

            Salaries & wages                                $   500.00

Tax Assessment Administration:

            Other expenses                                   $2,500.00

Historical Sites Office:

            Other expenses                                   $   500.00

Zoning Board of Adjustment:

            Other expenses                                   $1,500.00

Other Code Enforcement Functions:

            Salaries & wages                                $1,000.00

Liability Insurance:

            Other expenses                                   $1,200.00

Employee Group Insurance:

            Other expenses                                   $4,000.00

Police Department:

            Other expenses                                   $5,000.00

Office of Emergency Management

            Other expenses                                   $   300.00

Fire Bureau:

            Other expenses                                   $   600.00

Vehicle Maintenance:

            Other expenses                                   $6,000.00

Board of Health:

            Salaries & wages                                $   350.00

Community Forestry:

            Other expenses                                   $   500.00

Animal Control:

            Salary & wages                                  $   500.00

Celebration of Public Events:

            Other expenses                                   $     50.00

Municipal Court:

            Salaries & wages                                $1,000.00

            Other Expenses                                   $1,000.00

Public Defender:

            Other expenses                                   $1,000.00

 

                                                                                                            To:

Legal Services:

            Other expenses                                                                       $15,000.00

Police Department:

            Salaries & wages                                                                    $  3,000.00

Streets and Road Maintenance:

            Salaries & wages                                                                    $  5,000.00

Public Health Services:

            Other expenses                                                                       $  2,000.00

Gasoline:

            Other expenses                                                                       $  1,500.00

Telephone:

            Other expenses                                                                       $  1,000.00

 

            Total                                                  $27,500.00                  $27,500.00

 

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

 

RESOLUTION #228-2008

            WHEREAS, certain Capital Improvement appropriation balances remain dedicated to projects now completed; and

 

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            WHEREAS, it is necessary to formally cancel said balances so that he unexpended balances may be returned to each respective Capital Improvement Fund, Capital Reserve, or credited to Surplus, and unused debt authorizations may 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 unexpended and dedicated balances of the Capital appropriations be canceled:

 

            Project                                    Amount Canceled       Canceled to

 

 Ordinance 10-2006 Saline Groundwater

Remediation-2008                              $10,000.00                  Capital Surplus

$  1,688.03                  Capital Improvement Fund   

 

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

 

RESOLUTION #229-2008

WHEREAS, the following Current Fund budget appropriation balances remain unexpended:

 

Affordable Housing:

            Other Expenses           $100.00

NJDES Stormwater Permit-Street Div

            Other expenses           $149.99

Social Security:

            Other expenses           $    1.53

Matching Funds for Grants:

            Other expenses           $500.00

Bond Interest:

            Other expenses           $      .75

 

Total                                       $752.27

 

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus;

 

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of West Amwell, County of Hunterdon, State of New Jersey, that the above listed unexpended balances of the Current Fund be canceled.

 

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

 

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

 

Tax Collector

RESOLUTION #230-2008

WHEREAS, payment was made on the redemption of a lien for Block 13 Lot 23.  The amount paid was $3,504.62, it is less than the amount required to redeem.  The payment was made by Angelina Lofaro and she has requested a refund of the amount already paid.

 

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 write a check in the amount of $3,504.62 for the refund of the amount paid to redeem the lien on Block 13 Lot 23.

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Make check payable to:  Angelina Lofaro.

Mail with a copy of this resolution to:

                    Angelina Lofaro

                    1226 Route 179

                    Lambertville NJ  08530

 

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

 

DWP – A recycling report showing 13.40 tons for December was received.  It was noted that the most recent check receiving was based on only $20/ton.  The report was unanimously accepted on motion from Shapella, seconded by Masterson.

 

Clerk/Human Resources – Peter Buchanan has accepted the Electric Sub-code/Inspector position.

 

RESOLUTION #231-2008

WHEREAS, the Township of West Amwell advertised for the position of Electrical Sub-Code Official/ Inspector; and

 

WHEREAS, interviews were conducted with two applicants; and

 

WHEREAS, the Township Committee has determined that Peter Buchanan is best qualified for said position; and

 

WHEREAS, Peter Buchanan has accepted the Township’s offer for the position

 

THEREFORE, BE IT RESOLVED that Peter Buchanan be appointed Electric Sub-Code Official/Inspector, effective January 1, 2009

 

BE IT FURTHER RESOLVED that this appointment is a 4-year term expiring on December 31, 2012

 

BE IT FURTHER RESOLVED that Peter Buchanan will receive a salary of $6500.00 in line with the S & W ordinance currently in effect. 

 

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

 

The Committee entered their previously announced Closed Session at 10:30 p.m., returning at 10:49 p.m.

 

CORRESPONDENCE

The correspondence as listed on the Agenda was ordered filed.

 

ADJOURNMENT

There being no further business, the meeting was unanimously adjourned at 10:50 p.m. on motion from Shapella, seconded by Corboy.

 

                                                                      Respectfully submitted,

 

 

                                                                      _________________________

                                                                      Lora Olsen, RMC

                                                                      Township Clerk