WEST AMWELL TOWNSHIP COMMITTEE MEETING

July 21, 2004

The West Amwell Township Committee met on the above date at 7:45 p.m.

Present: Mayor Bleacher, Committee member Palladino and Attorney Faherty

Mayor Bleacher opened the meeting with the Pledge of Allegiance to the Flag and then called the meeting to order and declared that the Open Public Meetings Act has been complied with by annual notice having been printed in the Trenton Times and the Lambertville Beacon on January 8, 2004. Notice should also be taken that the Municipal Building is handicapped accessible but the Clerk’s office should be contacted 24 hours in advance for any special accommodations.

Palladino moved for approval of the minutes for the Open and Closed Sessions on June 16, 2004 and the Special Meeting on July 12, 2004. Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

Sean Pfeiffer asked what parcel the Fulper funding ordinance is for and was told the Home Farm. He said the Fulpers have worked hard through the years and he thinks the preservation is great. He noted concern about the piece that is to be developed but said he is hopeful that the Township will be able to avert that development.

RESOLUTION #04-72

WHEREAS, a tax payment has been made in error on Block 21 Lot 31 Q0210, for the 3^rd quarter of 2003 and 1^st quarter of 2004 by Wells Fargo Home Mortgage. Owner of record: Rassweiler, Mike.

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 issue a check in the amount of $125.54 for the refund of tax payments made in error for the third quarter of 2003 and the first quarter of 2004 on Block 21 Lot 31 Q0210.

Mail with a copy of this resolution to:

Wells Fargo Home Mortgage

Recovery Unit

1 Home Campus

Des Moines, IA 50328-0001

Palladino moved for approval of the Resolution and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

RESOLUTION #04-73

WHEREAS, a tax payment has be made in error on Block 3.01 Lot 13, for the fourth quarter of 2003 by Wells Fargo Home Mortgage. Owner of record: Paerg, Viktor & Monica.

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 issue a check in the amount of $2,152.48 for the refund of a tax payment made in error for the fourth quarter of 2003 on Block 3.01 Lot 13.

Mail with a copy of this resolution to:

Wells Fargo Home Mortgage

Recovery Unit

1 Home Campus

Des Moines, IA 50328-0001

Palladino moved for approval of the Resolution and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

RESOLUTION #04-74

WHEREAS, the State of NJ has not confirmed the budgets for Hunterdon County and the County of Hunterdon has not confirmed a tax rate for West Amwell Township.

WHEREAS, the tax bills for the last half of 2004 and the first half of 2005 are delayed from printing and mailing due to the State and County issues.

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 Tax Collector to allow an extended grace period for the third quarter taxes pending the mailing of the tax bills. The grace period allowed will be ten (10) days after the official date of billing. This date will be further determined by the twenty five (25) day requirement for receipt of the bills by the taxpayer.

Palladino moved for approval of the Resolution and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

Palladino moved for approval to pay the bills on the attached Bill List and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

The following reports were received and reviewed by the Committee:

- Tax Collector for June

- Police for June and Statistics for 1^st half year

- Treasurer’s Report with Statement of Cash and Revenue Report

Palladino moved to accept the reports as presented and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

Electric at Firehouse - Bleacher noted that the usage has been consistent but it is still high. He is having a difficult time scheduling with the company to come up here but he does have a company now that will do the testing for $50 per hour. He said they will get here as soon as they can.

Alarm Ordinance - The Clerk reported that she talked to Lt. Bartzak and he said the original ordinance presented was too vague. He said everything needs to be specified or there will be court battles. Bartzak said he has no objections to putting it on hold for awhile because it will be difficult to implement but he will do it if the Committee wants it.

Various meeting notices and legislative updates were received from the State League of Municipalities. Mayor Bleacher drew attention to the following legislative updates:

- Environmental Infrastructure Financing with a 20 year loan at half of the market interest rate.

- The FAIR Plan that will require us to be under the CAP and impose a 2.5% CAP on municipalities. He noted that the State doesn’t do it and this is another back door attack on home rule.

- A-2073/S-1558 on Civil Rights Issues and the effect it will have on our insurance costs.

- The Highlands Legislation which he asked Committee woman Palladino to address. Palladino noted that the Highlands Legislation isn’t law yet because no one is coming with “smiling faces” to the signing. The County is looking into early stages of suing the State and they have support.

- Regarding the new COAH Regulations, Palladino said she thinks there are a lot of traps in there right now with what we accept in the Cross Acceptance. If our Cross Acceptance plays into COAH, we may be forced into centers.

A letter of resignation was received from Joseph A. Ruggieri. His last day of working for the Road Department will be July 23^rd. The Clerk said Supervisor Hoagland noted that we probably don’t need to replace Mr. Ruggieri immediately because we have Glen Baron. Bleacher noted the letter received from Glen stating that he has obtained his Class “B” CDL license and that it doesn’t appear he’ll be going back to work at GM anytime within the next 24 months.

A thank you note was received from Justin Holohan for the Clean Communities money to West Amwell School.

Notice of Public Hearing was received from Delaware Township for Land Use Amendments. The hearing will be held on July 26^th.

A thank you note was received from Hunterdon Drug Awareness for our contribution to their program.

Notice was received from the City of Lambertville that Ordinance 2004-12 was passed except for Section 2 regarding Well Testing Procedures.

A thank you letter was received from Governor McGreevey for our letter regarding A-2052.

The 2004 Municipal Aid Program Applications were received from Engineer Clerico. The project is for Section 11 of Rocktown-Lambertville Road. Said applications were executed by the Mayor and Clerk.

A thank you note was received from Senator Lance for our resolution asking for amendments to the Local Public Contracts Law and the Prevailing Wage Act. He suggested that the League of Municipalities might be interested in advancing this matter legislatively.

A report on “Safe Routes to School” was received from Hunterdon Area Rural Transit.

A 2004 Hospital Performance Report was received from the State Department of Health.

A check in the amount of $110,000 was received from D&R Greenway which represents matching NJDEP Green Acres nonprofit funds from D&R Greenway’s Mazur preservation project and to satisfy their obligation to West Amwell for their ownership interest in the Rattigan parcel.

Information about their “Fall Bike Tour” was received from the Mid-Jersey Chapter of the National Multiple Scherosis Society. The Clerk reported that this was reviewed by Lt. Bartzak and he has no objections. The Committee also noted no objections.

A form was received from GPU Energy for notification of discontinued services if we are interested.

Information for Smart Future Planning Grants was received from the State Office of Smart Growth.

Notice was received from the State Department of Community Affairs of award of the following monies to West Amwell Township:

- $21,620 of property tax relief as our share of the Watershed Moratorium Offset Aid program established by the Highlands Water Protection and Planning Act

- $25,000 of property tax relief as our share of the Municipal Homeland Security Police Assistance Aid program

- $1,900 from the Domestic Violence Training program

Information regarding Cross-Acceptance and the next meeting to be held from 6-9 p.m. on August 12^th was received from the Hunterdon County Planning Board.

A letter giving retirement notice as Clerk, effective December 31^st , was received from Betty Jane Hunt. Bleacher and Palladino thanked the Clerk and noted reasons she will be missed - particularly for her background knowledge.

An application for a Catering Permit was received from The Ship Inn for an event at Pine Creek. Lt. Bartzak signed off on the application. There being no objections the Clerk also signed the application.

Sub-Code changes were received from Garden State Electrical Inspection Services, Inc.. The new electric inspector is Lou Fest and the Plumbing inspector is Joseph Todaro. Mayor Bleacher signed the amendment to the contract noting these changes.

A fully executed copy of our grant agreement for the Municipal Stormwater Regulation Program was received from NJDEP.

Local Finance Notice #12 regarding budgets was received from the State Department of Community Affairs.

BOND ORDINANCE PROVIDING FOR ACQUISITION OF OPEN SPACE DEVELOPMENT RIGHTS IN VARIOUS PROPERTIES IN AND BY THE TOWNSHIP OF WEST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY, APPROPRIATING $625,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $595,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

Mayor Bleacher opened the Public Hearing. There being no questions or comments, he closed the hearing and asked for a motion. Palladino moved for final approval of Ordinance #11, 2004 and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

AN ORDINANCE AUTHORIZING THE ACQUISITION OF DEVELOPMENT RIGHTS EASEMENTS ON CERTAIN REAL PROPERTY KNOWN AS BLOCK 13 LOT 45 AND BLOCK 19 LOT 5.01 IN THE TOWNSHIP OF WEST AMWELL FROM FULPER PRESERVATION LLC

Mayor Bleacher opened the Public Hearing. There being no questions or comments, he closed the hearing and asked for a motion. Palladino moved for final approval of Ordinance #10, 2004 and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

ORDINANCE #12, 2004 - The Clerk reported that NJDOT received the Ordinance and has some changes that will need to be made. We should be getting a letter from them in the next week or two. This Ordinance was held over.

AN ORDINANCE TO AMEND AN ORDINANCE TO PROVIDE FOR AND DETERMINE THE RATE OF COMPENSATION OF OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF WEST AMWELL, COUNTY OF HUNTERDON, NEW JERSEY.

Mayor Bleacher opened the Public Hearing. There being no questions or comments, he closed the hearing and asked for a motion. Palladino moved for final approval of Ordinance #11, 2004 and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

Palladino moved to appoint Nievs Mendoza to the position of Court Security Officer at $15.00/hour and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

AN ORDINANCE TO ESTABLISH FEES FOR CERTIFIED COPIES OF VITAL RECORDS AMENDING CHAPTER 2 OF THE CODE OF THE TOWNSHIP OF WEST AMWELL, COUNTY OF HUNTERDON, STATE OF NEW JERSEY.

The Clerk noted that she hates to raise these fees but the State is requiring all new forms and safety paper which is more expensive for the Township. It’s a vicious cycle but we have to be able to cover our costs. Palladino moved for approval of the Ordinance on first reading and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

The Clerk noted that this was to be the zoning ordinance revisions, but another workshop was scheduled by the Planning Board last night to review them on August 3^rd. She will not be there. Catherine has volunteered to do the minutes that night since the Clerk did the minutes for July 12^th. If the Committee plans to introduce on August 3^rd, they should pay the deputy clerk to be there in the 3^rd or wait to introduce on the 4^th. It was decided to wait and introduce on the 4^th.

The audits were given to the Committee for their review and action on August 4^th.

Two bids were received as follows:

Republic Services of NJ, LLC , dba: Raritan Valley Disposal

4 cu yard dumpster for DPW $86.00/month plus rate per ton of $71.50

2 cu yard dumpster for

Recycling:

20 yard container delivered and removed $154.41

30 yard container delivered and removed $154.41

Per ton for cans, bottles, and plastics $47.00

Per ton for all paper products $32.00

Waste directed to Hunterdon County Transfer Station

Recyclables directed to Republic Services of NJ, LLC d/b/a/: Raritan Valley Recycling

Central Jersey Waste & Recycling, Inc.

4 cu yard dumpster for DPW $56.00/month plus rate per ton of $70.50

2 cu yard dumpster for

Recycling:

20 yard container delivered and removed $195.00

30 yard container delivered and removed $195.00

Per ton for cans, bottles, and plastics $40.00

Per ton for all paper products $-0-

Waste directed to Midco Waste Services

Recyclables directed to Midco Waste Services & Accurate Disposal Services

Being the low bid, Palladino moved to award the bids for garbage and recycling to Central Jersey Waste and Recycling, Inc. Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

- A letter of Resignation was received Peter A. Buchsbaum as a member of the Township Committee due to his appointment as Superior Court Judge. His resignation was effective as of June 30, 2004.

- A letter submitting three recommendations to fill said position was received from Pat and Frank Masterson on behalf of the Democratic County Committee dated July 1, 2004. The three names submitted to serve in Peter’s seat until the November election were Ron Shapella, William Corboy, and Alex Greenwood.

- Regarding the filling of the vacancy, an outline of the law was received from Attorney Faherty. Palladino asked if the candidates were invited to attend tonight? The Clerk said they weren’t because it wasn’t agreed by the Committee members to handle the filling of the vacancy that way. She and Bleacher decided to see if they agree on a choice of candidates. They each wrote their choice and realized they do not agree. It was decided to have a special meeting in 48 hours to interview the candidates. Ron Shapella was the only one attending tonight. The meeting will be held at 9:15 p.m. on Friday evening.

The Clerk noted that she had a request from the County 4-H and Agricultural Fair for police coverage for traffic control. She said she asked Lt. Bartzak and he posted the job. The only one interested was Ptl. Kendig. She has since spoken to Kendig who can do it. The fee for outside employment is $55 ($35 to the officer and $20 to the Township). Since the fair is just getting started this year, she is asking if the Township will waive the $20. The Committee agreed to do so as the Township’s donation to the Fair.

Palladino - None

Bleacher said he is working with the officials of Rouse, Wyeth, and Lambertville City for the generator to the High School. It looks like the donation from Rouse (formally Wyeth) will soon be a reality which will give the School a good generator and the Township a shelter in time of emergency.

Hal Shute noted that we will be getting another $400,000 from Green Acres. He also noted there is another Cross Acceptance meeting at Hunterdon County next week. We are looking to designate most of the Sourlands as PA5 (especially the forested area) and the rest of the Township as 4b.

The Clerk noted that she needs a motion to authorize John Petnatti to fill in for Bill White when he is on vacation. Mr. White noted to the Clerk that Petnatti is fully certified.

Based on Mr. White’s recommendation, Palladino moved for approval to have John Petnatti handle routine business for Bill White when he is on vacation. Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

RESOLUTION #04-75

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:

SALT LITIGATION

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.

Palladino moved for approval of the Resolution and Bleacher seconded the motion. Roll Call: Palladino-aye and Bleacher-aye.

There being no further business, the meeting was unanimously adjourned at 10:40 p.m.

Respectfully submitted,

Betty Jane Hunt, RMC,

Township Clerk