WEST AMWELL TOWNSHIP COMMITTEE
MEETING
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
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
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
Bruce Gage led the assembled group in
the pledge to the flag.
AGENDA
REVIEW BY TOWNSHIP CLERK
The following items were added: 8.A Open Space: Toll Contract, August &
September Minutes for Posting, Easement Markers; 9. Unfinished Business: Rocktown-Lamb. Road Section 12 Contract;
10. New Business: Outdoor Heating Units; HCMOA Meeting; Conduct at
Garbage Depot; Road Reports/Driveway Pipes/Project List. 12. Administrative: DPW Gas Usage; Zoning
Report for September. Deleted: 12.B Tax Collector
ANNOUNCEMENTS
Mayor Corboy made the following
announcements:
• Single Stream Recycling
is now in Effect
• Day Light Savings Ends
November 2nd at
• General Election is
November 4th from
• Hazardous Waste Day,
November 8th at
• Please Come to the Table
if You Wish to Address the Committee
• Kindly Turn Cell Phones
Off During Meeting
PRESENTATION
OF MINUTES
The October 1, 2008 Special Meeting Minutes,
OPEN
TO THE PUBLIC/TOPIC NOT ON THE AGENDA
INTRODUCTION
OF ORDINANCE AND/OR PUBLIC HEARING AND/OR SPECIAL PRESENTATION
Farm Market – Mickie Jacoby was once
again unable to attend. Chester Urbanski reviewed what has been done to date, noting that
there are 10 vendors committed to setting up in
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stand. Dave Ritter has been contacted about possible
FFA involvement and will speak with the students at their Fall Fest on
Sunday. The Ag Advisory seeks permission
to send post cards to announce the farm market and to solicit
participation. An on-line version is
also contemplated. A draft version of
the announcement should be ready soon.
Mailing labels will be needed and permission was given to request same
from Assessor Gill. Mr. Urbanski stated
that things are moving along and there’s lots of excitement. Anyone selling on the road side is invited to
join in but there are details to be worked out.
An appointed committee is needed to set up rules and by-laws so that by
spring, the market will be reality. A
copy of the agreement with
Cathy
Urbanski came forward to note her excitement with the
farm market and to relay that this will be a wonderful community social
event. She will work with Mr. Urbanski and the committee in a volunteer capacity when
needed.
Joan
Van Der Veen came forward to express her agreement
with Mrs. Urbanski’s comments. She too is excited in the effort to support
local farmers and to eating local produce.
She suggested that extra postcards be used as promotionals
at various locations outside of
The
issue of the availability of a certified kitchen for baked goods was noted by
Mr. Shapella. The subject was verbally
broached to the Ladies Auxiliary on Monday night and it was met negatively. It is hoped that Ms. Jacoby will make an
actual presentation to the Auxiliary to see if the decision would change with
more information. If not, the
availability of other kitchens—
Carol
Cavanaugh also spoke in support of the farm market to support farmers and for
the goal of coming together as a community as residents are widely spread
out. She would like to be appointed to
the farm market committee. Mr. Corboy
commented that the Township does not have a center but that with the fair,
recycling and garbage depot, the residents will be provided a place to walk and
talk.
Bruce
Gage came forward and gave his support to the concept, if done right. Location will be essential, especially if it
draws the number of people that the Dvoor market
does. With the
Municipal
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Clerk
as follows: The Alliance made $3000 on
the Art Show and $3000 on the golf tournament.
The Governor’s Council on Drug and Alcohol will be held on October 20th
at the Princeton Hyatt Regency. The
event will honor County volunteers and Mr. Fuhr will
receive the
SHR FFA – Emily Sigle spoke on
behalf of the FFA. She is the reporter
for the group as well as a six year member of the Mt. Airy Dairy Club. This is her first year at South…a school that
she chose because of the FFA program and its ability to help her pursue a
career in agriculture. South is the last
school in
Overview of Cable Agreement – Tom Allibone came
forward and was thanked for his efforts on this project. He noted that although the ordinance to be
introduced tonight was a long time in the making and that the ultimate goal was
not achieved, it was not for lack of persistence. BPU has blessed the ordinance to be presented
shortly. Mr. Allibone
then reviewed the hi-lights that brought the ordinance to fruition. This included the original thought of going
short term on the franchise but, due to regulatory constraints, it was
discovered that there was only a certain box in which to maneuver. Also, there were strong feelings locally
about
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passed,
although he feels that
The changing broadband technology that
will see a conversion to cable-internet-phone triple play ability will involve
different regulations and levels of protection than are in place with the
current cable system. Communication
taxes now received under CMPTRA as part of personal property tax revenue will
drop off as copper wire technology is dropped.
With FiOS being under different regulations,
municipalities will lose revenues as competition flourishes. There is a League of Municipalities Task
Force looking into this as Verizon wants to eliminate
personal property tax altogether, as well as franchise fees, and replace these
with a statewide sales tax. Mr. Allibone views these changes as ones where a technology
committee would play an important role in tracking so that appropriate action
can be taken.
Mr. Masterson was in agreement with
having a permanent technology committee as the issues presented will only grow
in importance; Mr. Shapella suggested that Bill Dressel
and the legislators be advised about the loss of State revenue; and Mr. Corboy
requested that Mr. Allibone recommend a specific
number of members for a technology committee and to outline goals and
objectives for same.
Introduction: Ordinance
21, 2008
The following ordinance was read by
title and introduced on first reading:
AN ORDINANCE GRANTING
RENEWAL OF MUNICIPAL CONSENT TO COMCAST TO CONSTRUCT, CONNECT, OPERATE AND
MAINTAIN A CABLE TELEVISION AND COMMUNICATIONS SYSTEM IN THE TOWNSHIP OF WEST
AMWELL, NEW JERSEY.
BE IT ORDAINED BY THE MAYOR AND
TOWNSHIP COMMITTEE OF THE
SECTION
1. PURPOSE OF THE ORDINANCE
The municipality hereby grants to Comcast renewal of its non-exclusive Municipal Consent to place in, upon, across, above, over and under highways, streets, alleys, sidewalks, easements, public ways and public places in the municipality, poles, wires, cables, underground conduits, manholes and other television conductors, fixtures, apparatus and equipment as may be necessary for the construction, operation and maintenance in the Municipality of a cable television and communications system.
SECTION
2. DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Such meaning or definition of terms is supplemental to those definitions of the Federal Communications Commission ("FCC") rules and regulations, 47 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C. Section 521 et seq., as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq.,
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and shall in no way be construed to broaden, alter or conflict with the federal and state definitions:
a.
"Town" or "Municipality" is
b. "Company" is the grantee of rights under this Ordinance and is known as Comcast of Southeast Pennsylvania, LLC.
c. "Act" or "Cable Television Act" is Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1, et seq.
d. "FCC" is the Federal Communications Commission.
e.
"Board" or "BPU" is the Board of
Public Utilities, State of
f. "Office" or “OCTV” is the Office of Cable Television of the Board.
g. "Basic Cable Service" means any service tier, which includes the retransmission of local television broadcast signals as defined by the FCC.
h. “Application” is the Company’s Application for Renewal of Municipal Consent.
i. “Primary Service Area” or “PSA” consists of the area of the Municipality currently served with existing plant as set forth in the map annexed to the Company’s Application for Municipal Consent.
SECTION
3. STATEMENT OF FINDINGS
Public hearings conducted by the municipality, concerning the renewal of Municipal Consent herein granted to the Company were held after proper public notice pursuant to the terms and conditions of the Act and the regulations of the Board adopted pursuant thereto. Said hearings, having been fully open to the public, and the municipality, having received at said public hearings all comments regarding the qualifications of the Company to receive this renewal of Municipal Consent, the Municipality hereby finds that the Company possesses the necessary legal, technical, character, financial and other qualifications and that the Company's operating and construction arrangements are adequate and feasible.
SECTION
4. DURATION OF FRANCHISE
The non-exclusive Municipal Consent granted herein shall expire 15 years from the date of expiration of the previous Certificate of Approval issued by the Board with a 10-year automatic renewal as provided by N.J.S.A. 48:5A-19 and 25, and N.J.A.C. 14:18-13.6.
In the event that the Municipality shall find that the Company has not
substantially complied with the material terms and conditions of this
Ordinance, the Municipality shall have the right to petition the OCTV, pursuant
to N.J.S.A.
48:5A-47, for appropriate action, including modification and/or termination of
the Certificate of Approval; provided however, that the Municipality shall
first have given the Company written notice of all alleged instances of
non-compliance and an opportunity to cure same within ninety (90) days of that
notification.
SECTION
5. FRANCHISE FEE
Pursuant to the terms and conditions of the Act, the Company shall, during each year of operation under the consent granted herein, pay to the Municipality two percent (2%) of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers for cable television reception service in the Municipality or any higher amount permitted by the Act or otherwise allowable by law, whichever is greater.
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Comcast shall report gross revenues in accordance with regulations set
forth by the Board of Public Utilities. Comcast agrees that such information
will be available to the Township from the Board of Public Utilities upon
request.
SECTION
6.
The consent granted under this Ordinance to the renewal of the franchise shall apply to the entirety of the Municipality and any property subsequently annexed hereto.
SECTION
7. EXTENSION OF SERVICE
The Company shall be required to proffer service to any residence or business along any public right-of-way in the Primary Service Area, as set forth in the Company’s Application. Any extension of plant beyond the Primary Service Area shall be governed by the Company’s Line Extension Policy as set forth in the Company’s Application.
The Company shall extend its plant its plant along public rights of way to all residences and businesses within 150 aerial feet of the operators existing plant at no cost beyond the normal installation rate.
The Company shall extend its plant its plant along public rights of way to all residences and businesses within 100 underground feet of the operators existing plant at no cost beyond the normal installation rate.
SECTION
8. CONSTRUCTION REQUIREMENTS
Restoration: In the event that the Company or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways, or other
surface in the natural topography, the Company shall, at its sole expense,
restore and replace such places or things so disturbed in as good a condition
as existed prior to the commencement of said work. The
Company shall comply with all applicable ordinances, resolutions, laws, rulings
and regulations.
Relocation: If at any time during the period of this consent, the Municipality shall alter or change the grade of any street, alley or other way or place the Company, upon reasonable notice by the Municipality, shall remove, re-lay or relocate its equipment, at the expense of the Company.
Temporary Removal of Cables: The Company shall temporarily, upon request, raise, lower or remove its cables and wires in order to facilitate the moving of buildings, vehicles, equipment and machinery, or in other similar circumstances. Where such property is Township owned the cost of such activity shall be that of the Company. Where such property is privately owned, the cost shall be at the responsibility of the requesting party.
Removal or Trimming of Trees: During the exercise of its rights and privileges under this franchise, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks or other public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cable of the Company. Such trimming shall be only to the extent necessary to maintain proper clearance of the Company's wire and cables. The Township may request the Company to examine specific street(s) for trees in contact with wires and cables of the Company.
SECTION
9. CUSTOMER SERVICE
In providing services to its customers, the Company shall comply with N.J.A.C. 14:18-1, et seq. and all applicable state and federal statutes and regulations. The Company shall strive to meet or exceed all voluntary company and industry standards in the delivery of customer service and shall be prepared to report on it to the municipality upon written request of the Municipality Administrator or Clerk.
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d. Nothing herein shall impair the right of any subscriber or the Municipality to express any comment with respect to telephone accessibility to the Complaint Officer, or impair the right of the Complaint Officer to take any action that is permitted under law.
SECTION 10. MUNICIPAL COMPLAINT
OFFICER
The Office of Cable Television is hereby designed as the Complaint Officer for the Municipality pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be received and processed in accordance with N.J.A.C. 14:17-6.5. The Municipality shall have the right to request copies of records and reports pertaining to complaints by Municipality customers from the OCTV.
SECTION
11. LOCAL OFFICE
During the term of this franchise, and any renewal
thereof, the Company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating and
resolving all local complaints regarding the quality of service, equipment
malfunctions, and similar matters. Such
a business office shall have a publicly listed toll-free telephone number and
be open during standard business hours, and in no event (excepting emergent
circumstances) less than
SECTION
12. PERFORMANCE BONDS
During the life of the franchise the Company shall give to the municipality a bond in the amount of twenty-five thousand ($25,000.00) dollars. Such bond shall be to insure the faithful performance of all undertakings of the Company as represented in its application for municipal consent incorporated herein.
SECTION
13. SUBSCRIBER RATES
The rates
of the Company shall be subject to regulation as permitted by federal and state
law.
SECTION
14. COMMITMENTS BY THE COMPANY
a. The Company shall provide Total Preferred cable television service on one (1) outlet at no cost to each school in the Municipality, public and private, elementary, intermediate and secondary, provided the school is within 175 feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials plus labor basis by the school requesting service. Monthly service charges shall be waived on all additional outlets.
b. The Company shall provide Total Preferred cable television service at no cost on one (1) outlet to municipal hall, each police, fire, emergency management facility and public library in the Municipality, provided the facility is located within 175 feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials plus labor basis by the Municipality. Monthly service charges shall be waived on all additional outlets.
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c. The Company shall provide free basic Internet service, via high-speed cable and modem, to one (1) non-networked personal computer in each qualified existing and future school in the City, public and private, elementary, intermediate and secondary, at no charge provided the facility is located within 175 feet of active cable distribution plant. The Internet service shall be installed on a personal computer that is accessible to the students and not for administrative use only.
d. Within six (6) months of receipt of a Renewal Certificate of Approval, the Company shall provide the municipality with a one-time technology grant in the amount of eight thousand ($8,000) dollars for the Township’s cable and technology related needs.
SECTION 15. EDUCATIONAL ACCESS
a.
The Company will continue to provide one channel for educational access use
(sometimes, hereinafter, the “Educational Access Channel”) by the
b.
The Company does not relinquish its ownership of or ultimate right of control
over a channel by designating it for educational access use. An
educational access user – whether all or any of the Users or other educational
or government user – acquires no property or other interest by virtue of the
use of a channel so designated, nor may it rely on the continued use of a
particular channel number, no matter how long the same channel may have been
designated for such use.
c.
The Company shall not exercise editorial control over any educational use of
channel capacity, except that the Company may refuse to transmit any
educational access program or portion of an educational access program that
contains obscenity, indecency, or nudity.
d.
Shared use of the channel shall be governed by mutual agreement among the
governing bodies of the Users. The Users shall be responsible for
developing, implementing, and enforcing rules for the Educational Access
Channel.
e.
“Educational access ” shall mean the noncommercial use
by educational institutions such as public or private schools, but not “home
schools,” community colleges, and universities.
f.
Company Use of Fallow Time. Because a blank or under utilized
educational access channel is not in the public interest, in the event that the
Users do not fully program the Educational Access Channel, the Company may
program unused time on said channel (at its discretion and for any purpose),
subject to reclamation by the Municipalities upon no less than 60 days written
notice.
g. Indemnification. The Municipalities shall indemnify the Company for any liability, loss, or damage it may suffer due to any violation of the intellectual property rights of third parties on the Educational Access Channel and from claims arising out of the Users’ rules for or administration of access.
SECTION
16. EMERGENCY USES
The Company will comply with the Emergency Alert System (“EAS”) rules in accordance with applicable state and federal statutes and regulations.
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The Company shall in no way be held liable for any injury suffered by the municipality or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein.
SECTION
17. LIABILITY INSURANCE
The Company shall at all times maintain a comprehensive general liability insurance policy with a single limit amount of $1,000,000 covering liability for any death, personal injury, property damages or other liability arising out of its construction and operation of the cable television system, and an excess liability (or "umbrella") policy in the amount of $5,000,000.
SECTION
18. INCORPORATION OF THE APPLICATION
All of the statements and commitments contained in the Application or annexed thereto and incorporated therein, and any amendment thereto, except as modified herein, are binding upon the Company as terms and conditions of this consent. The Application and other relevant writings submitted by the Company shall be annexed hereto and made a part hereof by reference provided same do not conflict with applicable State or Federal law.
SECTION
19. COMPETITIVE EQUITY
Should the Municipality grant a franchise to construct, operate and maintain a cable television system to any other person, corporation or entity on terms materially less burdensome or more favorable than the terms contained herein, the Company may substitute such language that is more favorable or less burdensome for the comparable provision of this Ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
SECTION
20. SEPARABILITY
If any
section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court or federal or
state agency of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and its validity or
unconstitutionality shall not affect the validity of the remaining portions of
the Ordinance.
SECTION
21. THIRD PARTY BENEFICIARIES
Nothing in this Franchise or in any
prior agreement is or was intended to confer third-party beneficiary status on
any member of the public to enforce the terms of such agreements or Franchise.
SECTION 22. CONSISTENCY WITH FUTURE FEDERAL AND
STATE REGULATIONS
Should any of the Federal or State statutes or regulations, applicable to
the regulation of cable television be modified in any way, such modifications
shall be incorporated herein and shall serve to modify the terms of this ordinance. To the extent that any such modifications
place limits on permissible terms and conditions, and any such provision of
this ordinance becomes invalid by virtue of such modification, Section 20 of
this ordinance, Separability, shall apply.
SECTION
23. EFFECTIVE DATE
This Ordinance shall take effect immediately upon issuance of a Renewal Certificate of Approval from the BPU.
Shapella moved to introduce the
Ordinance on first reading and Corboy seconded.
Roll Call: Masterson-not present for the vote, Shapella-aye, Corboy-aye The public hearing
will be held
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SPECIAL
AND/OR STANDING COMMITTEE REPORTS
Open Space
- West Amwell Ltd. (Toll Brothers) Block 8
Lots 20 & 36: A contract for
purchasing the South side property has been received. Sean Pfeiffer reviewed the attributes—130
acres with 2205 feet of road frontage on Route 179 and 280 feet on Rocktown-Lamb. Road; soils North of the Swan Creek are of
State-wide importance; and, that 70% of the property was operated as a tree
farm. The property was purchased by Toll
in the mid 1980’s and the property has been part of their landscape
operations. Toll lobbied for sewers in
the 1990’s to service a prospective receiving area. The sewer service area has since been
eliminated. The Township Committee
authorized an outreach to Toll.
Appraisals were obtained and a fee simple agreement was reached for
purchase of the South side property at $17,000/acre. Toll is working with the Township and is
offering a 32% discount to the appraised value of $2.2 + million resulting in a
reduction to $11,506.60/acre. This
number falls within the range of other recent per acre deals. Application has been made to the SADC and
Hunterdon Land Trust Alliance has access to $825,000 in SADC fee simple grant
money. The Township has six months to
raise the money and 6 months for due diligence for environmental assessment and
title search work. After closing,
Hunterdon Land Trust Alliance will sign their interest over to the Township who
will then auction off the property to recoup costs involved with the net
proceeds split with the partners involved.
Mr. Pfeiffer expressed appreciation to Attorney Dragan
for enduring and reconciling 14 drafts of the contract caused by corporate
bureaucracy, the Hunterdon Land Trust Alliance, Margaret Waldock
and Kate Buttolph, Dan Knox and Gary Pohorley of the SADC, County staff Bill Millett
and Kevin Richardson, and Catherine Drake of Green Acres, Pete Hess of the Open
Space committee for project maps, the Open Space committee as a whole, and the
Township Committee for support. He
acknowledged Mr. Shapella’s role in eliminating the
sewer service area and expressed appreciation to Toll Brothers representatives
Ken Greenspan and Tom Gestite for doing the right
thing to keep the farm preserved. Mr.
Pfeiffer’s efforts in making this deal happen were acknowledged by Mr.
Shapella, who also expressed appreciation to Toll Brothers for the generous
discount as well as noting for the record that the farm is a jewel in the open
space inventory.
Shapella
motioned to authorize the Mayor to sign the contract and Masterson
seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye
- Liability
Coverage Discussion: The details for
insurance coverage for property access have been worked out and a copy of the
insurance certification sent to Toll Brothers.
A copy will be sent to Attorney Dragan as
well.
- Possible
Resolution for Survey Work: A
proposal for this work was received from Bohren and Bohren.
RESOLUTION #185-2008
WHEREAS there is a need to
perform a boundary and location survey, which will include a map and metes and
bounds descriptions in accordance with SADC standards, for West Amwell LTD c/o
Toll Brothers, Block 8 Lots 20 & 36; and;
WHEREAS Bohren
& Bohren was awarded a Professional Services
contract on
WHEREAS Bohren
& Bohren has provided a proposal outlining the
parameters of the survey work to be performed; and
WHEREAS the estimated amount
for the survey work is $13,520.00; and
WHEREAS the CFO has
certified that funding is available in Reserve for Preliminary Expenses – Open
Space for this expenditure
THEREFORE BE IT RESOLVED by
the West Amwell Township Committee that Bohren and Bohren be authorized to proceed
with a boundary survey of Block 8 Lots 20 & 36 in line with the submitted
proposal
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Shapella
motioned to adopt the Resolution and Masterson seconded. Roll Call:
Masterson-aye, Shapella-aye, Corboy-aye
- Possible Resolution for Phase I
Environmental Analysis: This is a
SADC requirement. It will identify any
in-ground tanks, provide a visual inspection and raise flags for possible other
issues. Mr. Pfeiffer explained that two
quotes were received and discussed by the Open Space committee. The recommendation is to award to Gould based
on a more detailed proposal and past track record, especially since the
difference is only $50.00. Mr. Corboy
suggested that next time a delineation such as the one supplied by Gould be
requested.
RESOLUTION #186-2008
WHEREAS
quotes have been received for a Preliminary Environmental Assessment on Block 8
Lots 20 & 36 West Amwell LTD c/o Toll Brothers as follows:
Gould
Environmental, Inc. $ 2550.00
Amy
S. Greene Environmental Consultants $
2500.00
WHEREAS both firms have submitted a
Business Registration Certificate; and
WHEREAS
the proposals have been reviewed by the Open Space committee; and
WHEREAS
it is the recommendation of the Open Space committee that the award be made to
Gould Environmental for the following reasons:
1. The proposal is more detailed
2. Past experience with the firm has been good
3. This is a fee simple acquisition which requires
confidence in the work
being requested, especially with the nominal cost
difference
WHEREAS
the Township Committee agrees with the recommendation; and
WHEREAS
the CFO has certified that funds are available in under Reserve for Preliminary
Expenses – Open Space for this expenditure.
THEREFORE
BE IT RESOLVED by the West Amwell Township Committee that the quote for a
Preliminary Environmental Assessment on Block 8 Lot 20 & 36 West Amwell LTD
c/o Toll Brothers be awarded to Gould Environmental,
Inc.
Shapella
motioned to adopt the Resolution awarding the work to Gould Environmental and
Masterson seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye
Mr.
Pfeiffer presented a letter received from Tom Gestite
to Tom Zeng concerning the removal of the silos prior
to the sale of the property to the Township.
A copy will be forwarded to Attorney Dragan
for distribution to all parties involved.
There are currently 285 acres under
contract with a total of 4,560 acres preserved to date.
- Open
Space Bill List: Bills from Attorney
Dragan in the amount of $4,454.10 for work on various
township projects were approved on motions from Shapella, seconded by
Masterson. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye
- Project Status Updates: 1)
The draft survey has been approved by the Stiefle’s
and their attorney. Pins will now
be set and a final survey prepared. 2)
One appraisal on the Comly property has been received
with a second expected to arrive soon.
This deal involves 140 acres on
- Authorization
to Post August 12 & Sept 9 minutes:
Unanimously approved for posting.
- Easement
Markers: An inquiry was made by Mr.
Corboy as to this effort. Glenn Baran is currently doing some research for the Open Space
committee. A
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recommendation will subsequently be made to the Planning Board concerning standards
for same that will be included in the ordinance. One possibility is a type of brand burned
into a wooden post.
Attorney Faherty
relayed that he is working with Scott Anderson of Calton
concerning the release of the performance bonds. However, there are still outstanding issues
and the tie with easements to be worked out.
Environmental Commission
- Presentation of ANJEC Award for NRI &
Permission to Display: Cathy Urbanski presented the recently received ANJEC award. The framed certificate will be displayed in
the meeting room in proximity to the stream corridor map. Mrs. Urbanski noted
that Commissioner Lisa Jackson spoke for an hour during the presentation and
that she was a wonderful speaker. Ms.
Jackson commented that West Amwell was smart to remove the sewer service area,
noting that
- Eagle
Scout Project: Mrs. Urbanski offered that the Alexauken
Creek Wildlife Area could use nice trail markers and benches due to its
increasing activity. The possibility of
re-doing the stone bridge on
Ad Advisory
- Permission to Post September 2008 Minutes & Mission
Statement: Unanimously approved.
UNFINISHED
BUSINESS
Mercantante
Resolution - Held
Update on
Meeting with OSG Concerning IPE – Mr. Shapella reported that he, Sean, Howard Cohen
and Mike Bolan met in Trenton and that it was the
best meeting in two years. The
Memorandum of Understanding no longer requires TDR, as OSG recognizes that the
sewer service area is gone, and now reads TDR or demonstrating planning through agricultural techniques. He continued that there are three main goals
and that the Township has 120 days to decide whether or not to proceed with
Plan Endorsement. Planner Bolan will be handling issues that include preservation of
the agricultural base, preservation of the rural character, and protection of
landowner equity. Getting the Toll
property under contract thereby eliminating a suitable receiving area was
helpful in getting OSG to compromise. A
decision is needed by January on whether or not to proceed with Plan Endorsement. If the decision is to proceed, then the
timetable in the MOU begins. Mr.
Pfeiffer added that the change at OSG is due to the elimination of the COAH ‘hook’,
which made Mr. Spinelli more willing to compromise,
and that there is no obligation to do anything now. Planner Bolan will
be working on the stated issues as well as PIG comments to ensure consistency
with the Master Plan so that OSG and the Dept of Ag requirements are satisfied.
Expedited
Traffic Signs, A2731/S1908 – Copies of the bill and its Senate companion were
presented. Whether or not municipalities
have more leeway in decision making is not clear. Mr. Shapella will bring the issue to the next
Legislative meeting and will hopefully have a resolution for the next
meeting. Engineer Clerico’s
advice will also be sought on whether the bill would benefit the Township.
Rural
Policing Local Mandate Case Update (League Letter 9/19) – This was in the packet
from the last meeting and may have been overlooked. The League’s position is that if the
cost-sharing plan for rural policing services in the current state budget is
allowed to stand, it will set a precedent for other unfunded state-mandated
municipal expenses in the future.
Although at first glance the issue would seem to impact only
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municipalities receiving State Police
services, the fact is that this case will have a substantial impact on all
municipalities because if the State is able to drop services and impose costs
on the municipality receiving a particular service, then in future years that
same unconstitutional tactic can be used on all municipalities that rely on
other state services. Mr. Corboy stated
that this is nothing new and that the State does this all the time. No action taken.
Deputy Clerk Haberle
briefed the Committee on a recent State hand off of a phone bill formerly paid
by the Judiciary. Her research has
determined that the line was assigned to the Court in 1992. The status of the line on the Township’s end
was checked by Mr. Allibone and found to be
dead. Therefore, the State has been
paying for this dead line since Township offices moved in 1999. She has informed the Judiciary of this and
that they should pursue a refund for the 6 years in question. Appreciation was expressed to Ms. Haberle for checking on this situation.
Resolution
to Enter Closed Session –
RESOLUTION #187-2008
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,
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 adopt the Resolution and Masterson seconded. Roll Call:
Masterson-aye, Shapella-aye, Corboy-aye
Rocktown-Lamb. Road Section 12 Contract – The
contract with Topline Construction was presented for
the Mayor’s signature.
Shapella
motioned to authorize the Mayor to execute the contract and Masterson
seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye
Mr. Corboy relayed that there may be
additional money available as
NEW
BUSINESS
PAIC –
- Resolution to Appoint Risk Management
Consultant – Change of Insurance Firm to Wells
RESOLUTION #188-2008
Risk Management Consultant
WHEREAS,
the
WHEREAS,
the Bylaws of PAIC require that each entity designate Risk Management
Consultant to perform various professional services as detailed in the Bylaws
and Risk Management Plan; and
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14
WHEREAS,
the Bylaws indicated that PAIC shall pay each Risk Management Consultant a fee
to be established annually by the Executive Committee.
NOW
THEREFORE BE IT RESOLVED, that the
Shapella
motioned to adopt the Resolution and Masterson seconded. Roll Call:
Masterson-aye, Shapella-aye, Corboy-aye
- Resolution for Renewal of Membership:
RESOLUTION #189-2008
(see
attached)
Shapella
motioned to adopt the Resolution and Masterson seconded. Roll Call:
Masterson-aye, Shapella-aye, Corboy-aye
- Indemnity and
Trust Renewal Agreement: This agreement will
take effect on
Shapella
motioned to authorize the Mayor to sign the renewal agreement and Masterson
seconded. Roll Call: Masterson-aye, Shapella-aye, Corboy-aye
All
Seasons Heating & Cooling, Inc. re: Safety & Efficiency Agreement – This is the annual All
Seasons offer of certain free work for air conditioning and heating
systems. Offer accepted and the Mayor
signed the agreement.
Request to
Solicit Bids on Out-of-Service Police Vehicle – Unanimously approved.
Consideration
of Resolution Opposing New State-Mandated COAH Housing – A letter was received
from Assemblyman Jon Bramnick. The assemblyman serves as the chair of the
Assembly Republican Policy Committee.
The concern was over the new COAH numbers for affordable housing that
will require high density housing on the limited open space in communities and
its negative impact on the State’s environment.
Alternatives need to be explored and it was suggested that the town host
a meeting where the issue could be discussed with local residents for
feedback. Mr. Shapella suggested that
Assemblywoman Karrow be contacted about possibly
addressing a meeting of residents on this issue. Some ideas that have been floating round are
to exempt Planning Areas 4 & 5 and to allow police, fire, and teachers to
have first crack at affordable rentals.
The idea is to hold a COAH forum in West Amwell as
Somerset
Co-op and Delivery of Natural Gas – A notice of contract award for this commodity was
received. A comparison was made against
current fire house usage and cost and what would be required to
participate. The price per therm was $1.294; our current charge with
Authorization
to Post General Election Ballot on Website – This was deemed unnecessary
at this time.
Outdoor
Heating Units – Mr. Shapella commented on a resident letter sent to
Assemblywoman Karrow noting that the conduct of a
County employee is outrageous.
The Clerk was requested to send a
letter to the County for an explanation of the actions recorded in the Scamuffa letter. Whether or not the referenced statute applies
to household units is under debate with Attorney Faherty
noting that the party would have already been cited had it been in the
regulation. Construction Official Rose has
advised that there is nothing in the Code that says he cannot issue a permit
and sees no directive from the State in this regard. Mr. Corboy suggested that until the Township
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receives a ruling by
either the County or DEP as to whether these units are allowed, that the
Construction Official not issue another permit.
HCMOA
Dinner Meeting – Former Shared Services Coordinator Michael Capabianco is the featured speaker for this gathering
scheduled for October 29th. No
interest in attending this function was expressed.
Conduct
at Garbage Depot – Mr. Corboy stated that there is a certain resident that
uses the facility inappropriately and has been so informed by Mary
Hoagland. However, her counsel has been
ignored and condescending comments have been leveled. This person is a property owner but not a
resident. He inquired whether Mrs.
Hoagland should file a complaint or call an officer. Attorney Faherty
advised that a restriction on what can and cannot be brought to the depot would
need to be in the Code to be enforceable.
There also needs to be ongoing proof of landowner or resident status in
order to provide identity to file a complaint.
Mr.
Shapella commented that the new recycling operation went well and that all
materials have been delivered to Colgate.
A copy of the weight slip needs to be shared with Road Supervisor
Hoagland for tracking purposes.
Road
Reports/Driveway Pipes/Project List – Mr. Corboy relayed that there
needs to be a format for the monthly report as well as a list of calls and/or
projects. He also requested information
on driveway pipes and who is responsible for installation. Samples of road reports generated by
surrounding municipalities will be requested and Township ordinances checked
for how driveway pipes are handled. The
possibility of a fee was briefly mentioned.
OPEN
TO THE PUBLIC
There was no longer any public in
attendance but Mr. Shapella requested that his attendance at the October 27th
County Wastewater Management meeting be cancelled.
ADMINISTRATIVE
REPORTS
Treasurer –
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
Treasurer
Report, Statement of Cash, Revenue, Investment
Report and/or Receipts and Disbursement): Revenue report for September showed receipts
for the month of $1,105,680.
Receipts and Disbursements through
Clerk/Human Resources –
RESOLUTION #190-2008
WHEREAS, Philip Rosso was appointed as a probationary employee on
WHEREAS, the one year
probationary period has now been completed
NOW THEREFORE BE IT RESOLVED
that Philip Rosso be granted
permanent status, effective retroactively to
BE IT FURTHER RESOLVED that
a copy of this Resolution be placed in the employee’s personnel file and be
given to the employee for his records
Shapella
motioned to adopt the Resolution and Masterson seconded. Roll Call:
Masterson-aye, Shapella-aye, Corboy-aye
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16
Construction – The September 2008 Permit Fee Log,
Certificate and Activity Reports for both NJ Permits and UCCARS were received.
Court – The 3rd Quarter Report
(July-August-September) showed local money received as $10,846.55, $7,347.74,
and $12,063.50 respectively.
DPW – Gasoline usage for August/September 2008 was presented.
Zoning Officer Report -- The September 2008 report of
activities was received. Numerous phone
calls and several permits were noted.
Shapella motioned to accept the
Construction, Court, DPW and Zoning reports and Masterson seconded. Roll Call: Masterson-aye, Shapella-aye,
Corboy-aye
The
Committee entered their Closed Session at
CORRESPONDENCE
The
correspondence as listed on the Agenda was ordered filed.
ADJOURNMENT
There being no
further business, the meeting was unanimously adjourned at
Respectfully
submitted,
_________________________
Lora
Olsen, RMC
Township
Clerk