The Tewksbury Township Committee Met in a Regular Session at on the Above Date at the Municipal s1

TOWNSHIP COMMITTEE SEPTEMBER 12, 2006 MINUTES

The Tewksbury Township Committee met in a regular session at on the above date at the Municipal Building, Mountainville, NJ. The meeting was called to order at 7:45 PM, roll call held and a quorum established. Mayor William J. Voyce presided.

Other officials in attendance were Township Committee members, Dianne Clarke-Kudless, Thomas G. Kenyon, George Tauber and Shaun Van Doren.

Jesse Landon, Township Administrator and Roberta Brassard, Municipal Clerk were in attendance.

Township Professionals in attendance were Judith Kopen, Township Attorney and Andrew Holt, Township Engineer.

There were approximately eight members of the public in attendance.

1. Open Public Meetings Statement The Open Public Meetings Statement was read by Mayor Voyce.

2. Executive Session At 7:45 PM Dr. Clarke-Kudless moved adoption of the following Resolution, seconded by Mr. Van Doren. The motion was approved. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

RESOLUTION #115-2006 A RESOLUTION AUTHORIZING AN EXECUTIVE SESSION OF THE TEWKSBURY TOWNSHIP COMMITTEE

BE IT RESOLVED, pursuant to N.J.S.A. 10:4-13 and 10:4-12 that the Tewksbury Township Committee hold a closed session to discuss Advice of Attorney and Personnel.

It is expected that the discussion undertaken in closed session can be made public at the time official action is taken.

______William J. Voyce Mayor

3. Reconvened The meeting reconvened at 8:00 PM.

4. Flag Salute Those present stood and pledged allegiance to the American flag.

5. Moment of Silence A moment of silence was observed for individuals who lost their lives in the 09-11-01 tragedy.

1 TOWNSHIP COMMITTEE SEPTEMBER 12, 2006 MINUTES

6. Introduction Hayden Hull, Superintendent of Public Works, was present to be introduced to the Township Committee. Mr. Hull was commended for the work he has done in the Department to date.

7. Correspondence The Correspondence List is attached to the minutes.

Mr. Tauber made a motion to included the memo from Judy Kopen regarding enforcement of environmental violations on the Correspondence List, seconded by Mr. Van Doren. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Dr. Clarke-Kudless stated that she would be interested in speaking with the Mayor regarding the Mayor’s Wellness Campaign.

Mr. Van Doren requested a copy of item “k”.

8. Public Participation In response to a question by Tom Dillon, it was stated that construction of the sidewalks in Oldwick had been approved by the Township Committee. Mr. Dillon questioned if a public hearing had been held regarding the matter. It was explained that a public meeting is scheduled to be held in October so that information can be disseminated to all interested parties. It was added that grant monies have been received from the Federal Government. Mr. Dillon opined that the new sidewalks will alter the look and feel of the village of Oldwick, adding that he would have thought a public hearing should have occurred to better educate the public. He stated that the Township Committee should “slow down”. Additional comments were made regarding the construction currently occurring on the Bartles property. He commented on the aesthetics of sewage treatment plant building, and questioned if the existing Toll Brothers sewage treatment plant could be utilized for the Bartles tract. In closing, he stated that it is up to the Township Committee to make changes to the property before the final plan is completed.

In response to a question by Bob Flowers, it was stated that the sidewalks will be constructed in the village of Oldwick even if the residents and business owners are not in favor of the plan. Mr. Van Doren explained the main reason for constructing new sidewalks is public safety. He added that the sidewalks will not be “a strip of concrete” in the village. Additional comments were heard regarding ADA compliance and saving as many trees as possible. It was added that nothing is bound to happen in 2006 as the funds will be available until 2013.

George Cassa enumerated a listing of environmental violations that have occurred in the Township since 1999. He noted that a discharge (of an unknown substance) into the Rockaway Creek occurred at the Stavola Quarry on 9/9/906. He questioned the procedure for reporting environmental violations to the State Department of Environmental Protection (DEP), and if the Township was aware of the recent incident at the quarry. Additional comments were made regarding the New Jersey Freshwater Protection Act and the viability of the Township Master Plan.

Mr. Tauber explained the previously mentioned memo from Judy Kopen regarding the enforcement of environmental violations.

Mr. Landon explained that the Township is notified when a call is made to the DEP regarding environmental violations, in addition to the fact that the stream on the quarry property is monitored by a consultant working for the Township.

David Barnes questioned the status of the three properties located on Fairmount Road East sold at auction.

Ed O’Brien noted that a neighbor of his is advertising stalls, room and an apartment for rent. He questioned if this is an authorized use on his property, adding that the matter should be re- reviewed at a Board of Adjustment meeting.

Tom Dillon rephrased his earlier comment regarding hooking the Bartles wastewater treatment plant into the existing Toll Brothers plant. The Township Engineer stated that Toll Brothers does not have the room on the property to expand the plant. In response to a question by Mr. Dillon, Mr. Holt stated that the Bartles plant is sized for 10,000 gallons per day and the associated cost is $1.2 million.

9. Actions to be taken  Ordinance Public Hearing Mr. Van Doren moved to open the Public Hearing on Ordinance #16-2006, seconded by Dr. Clarke-Kudless. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Ms. Brassard provided proof of publication from the 08-17-06 edition of the Hunterdon County Democrat.

In response to a question by Libby Devlin, it was explained that the property is located on Fox Hill Road.

There being no additional comments from the public, Mr. Van Doren moved to close the Public Hearing on Ordinance #16-2006, seconded by Dr. Clarke-Kudless. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Mr. Van Doren moved adoption of Ordinance #16-2006, seconded by Dr. Clarke-Kudless. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren. Nays: None. Abstain: Voyce.

TOWNSHIP OF TEWKSBURY COUNTY OF HUNTERDON ORDINANCE # 16-2006

AN ORDINANCE TO FUND THE PURCHASE OF COMMUNICATION EQUIPMENT FOR EMERGENCY SERVICES AND THE JOINT ACQUISITION OF OPEN SPACE PROPERTY LOCATED ON BLOCK 28 LOT 27

BE IT ORDAINED by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that the cost for Communication equipment for Emergency Services and Joint Acquisition of Open Space Property located on Block 28 Lot 27 are as follows:

1) From the Reserve for Municipal Facilities $250,000.00 Joint Acquisition of Open Space Property located on Block 28 Lot 27

From the General Capital Fund balance $60,000.00 Communication equipment for Emergency Services

2) There being no debt incurred for this purpose, the total sum of three hundred and ten thousand dollars and no cents or as much as will be required, is hereby appropriated.

3) That this Ordinance shall take effect after final passage, adoption and publication according to law.

 Consent Agenda

Mr. Kenyon moved adoption of the Consent Agenda, seconded by Mr. Tauber. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Voyce. Nays: None. Absent: Van Doren.

RESOLUTION # 116–2006

WHEREAS, the Hunterdon County Chamber of Commerce (the Chamber) is desirous of partnering with Hunterdon County’s twenty-six (26) municipalities by promoting shared services among them, and;

WHEREAS, the Hunterdon County Chamber of Commerce has joined together with the Hunterdon County Municipal Officers Association, Mayors, and Municipal Officials representing each of Hunterdon’s municipalities to form the Hunterdon County Business & Government Council (the Council), and;

WHEREAS, the Chamber and the Council have met with the Somerset County Partnership on shared services, where Somerset County demonstrated over a thirteen million dollar ($13,000,000.) savings in 2005 through shared services, and;

WHEREAS, the Council has held four meetings since February to discuss how Hunterdon’s municipalities can benefit from shared services, and;

WHEREAS, the Chamber has put forth the idea of applying for a grant from the New Jersey Department of Community Affairs for a feasibility study of the services that can be shared among municipalities and the costs and savings that will result from shared services, and;

WHEREAS, the Hunterdon County Board of Chosen Freeholders participates and supports the work of the Chamber and the Council, and;

WHEREAS, the Chamber seeks the support of each municipality in Hunterdon to partake with other municipalities in exploring shared services and applying for the grant, and;

NOW, THEREFORE BE IT RESOLVED that the Township of Tewksbury, County of Hunterdon, State of New Jersey hereby supports and endorses the work of the Hunterdon County Chamber of Commerce to coordinate and facilitate a shared services study in an effort to assist municipalities with saving precious taxpayers dollars that can ultimately result in an reduction of property taxes.

BE IT FURTHER RESOLVED that copies of this Resolution be sent to the Governor Jon S. Corzine, Assembly Speaker Joe Roberts, Senate President Richard Codey, Senator Robert Littell, Assemblywoman Allison McHose, Assemblyman Guy Gregg, Senator Leonard Lance, Assemblyman Michael Doherty, Assemblywoman Marcia Karrow, and the Hunterdon County Board of Chosen Freeholders. ______William J. Voyce Mayor RESOLUTION #117-2006 TAX REFUND

BE IT RESOLVED, by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that the Chief Financial Officer is hereby authorized to make the following payments for the refund of tax.

Block Lot Name Year Amount

3 2 Helen Garrison 2006 648.36 63 Vernoy Road Califon, NJ 07830

______William J. Voyce Mayor RESOLUTION #118-2006 REGARDING THE GRANT AGREEMENT BETWEEN THE TOWNSHIP OF TEWKSBURY AND THE STATE OF NEW JERSEY

WHEREAS, the Township Committee of the Township of Tewksbury desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of $5,000.00 to fund stormwater activities as described in the Scope of Services.

NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Tewksbury resolves that Jesse W. Landon or the successor to the office of Township Administrator is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State and (c) to execute [ ] any amendments thereto [ X ] any amendments thereto which do not increase the Grantee’s obligations.

The Grantee agrees to comply with all applicable federal, State and municipal laws, rules and regulations in its performance pursuant to the agreement.

Introduced and passed: 09/12/2006 Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce Nays: none Absent: none

RESOLUTION #119-2006 REGARDING THE GRACE PERIOD FOR THE PAYMENT OF TAX BILLS

WHEREAS, NJSA 54:4-67 provides that tax bills be allowed a minimum grace period of twenty- five days when tax bills are mailed late; and

WHEREAS, the Hunterdon County Board of Taxation certified the tax rate on July 19, 2006 and the State of New Jersey provided the State Aid amounts for the tax bills on July 12, 2006.

NOW, THEREFORE, BE IT RESOLVED that the Township tax bills were sent out on July 21, 2006, the grace period for the third quarter will be extended until August 17, 2006.

______William J. Voyce Mayor RESOLUTION #120-2006

CHAPTER 159 TO ACCEPT FUNDS FROM NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS

WHEREAS, NJSA 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the Budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and

WHEREAS, the Township of Tewksbury has received $3,075.00 from the New Jersey Department of Community Affairs for the Domestic Violence Training Reimbursement Program and wishes to amend its 2006 Budget to include this amount as a revenue.

NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the Budget of the year 2006 in the sum of $3,075.00 which is now available as a revenue from:

Revenues – Jersey Department of Community Affairs for the Domestic Violence Training Reimbursement Program

BE IT FURTHER RESOLVED, that a like sum of $3, 075.00 be and the same is hereby appropriated under the caption of:

Expenditures – Jersey Department of Community Affairs for the Domestic Violence Training Reimbursement Program

BE IT FURTHER RESOLVED, that the Clerk forward one (1) copy of this Resolution to the Director of the Division of Local Government Services. ______William J. Voyce Mayor

RESOLUTION #121-2006

A RESOLUTION SETTING THE 2006 SALARIES AND WAGES FOR OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF TEWKSBURY

BE IT RESOLVED by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that the following salaries and wages for the officers and employees so stated are hereby set for the year 2006.

NAME TITLE SALARY CONSTRUCTION CODE ENFORCEMENT Tom Anderson Back Up Fire Marshall $25.00/hour Gary Apgar Back Up Fire Marshall $25.00/hour

RESOLUTION #122-2006 AWARDING A CONTRACT FOR PAINTING OF MUNICIPAL BUILDINGS

WHEREAS, the attached table is the listing of the four bids received on August 18, 2006 for exterior painting of municipal buildings.

WHEREAS, the Township Committee has reviewed the recommendations made by the Township Administrator, Township Purchasing Agent and Township Superintendent of Public Works on said bids; and

WHEREAS, the Chief Financial Officer has determined sufficient funds are available.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that the following contract be awarded based on the recommendation of the Township Administrator, Township Purchasing Agent and Township Superintendent of Public Works.

COMPANY SERVICE PRICE Alpine Power Wash $3,450.00 Christie Hoffman Farm House Police Administration Building Public Works Building Prep – 2 coats of paint $28,750.00 Christie Hoffman Farm House Police Administration Building Public Works Building TOTAL $32,200.00

BE IT FURTHER RESOLVED that the Mayor and the Township Administrator are hereby authorized and directed to execute the contracts for same.

BE IT FURTHER RESOLVED, that additional funds up to 20% of the base bid may be used with authorization of the Township Administrator.

RESOLUTION #123-2006 AWARD OF BID – CHRISTY/BARTLES SITE DEVELOPMENT PROJECT – PHASE 2

WHEREAS, eight (8) bids was received on September 8, 2006 for the Christy/Bartles Site Development Project Phase 2.

WHEREAS, the Township Committee has reviewed the recommendations made by the Township Purchasing Agent, Township Administrator and Township Engineer on said bids; and

WHEREAS, the Chief Financial Officer has determined sufficient funds are available.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that the following contract be awarded based on the recommendation of the Township Purchasing Agent, Township Administrator and Township Engineer.

COMPANY ITEM PRICE Brian Plushanski Construction Base price $555,985.00 Co., Inc. Brian Plushanski Construction Supplemental Items $224,855.00 Co., Inc. TOTAL $780,840.00

BE IT FURTHER RESOLVED that the Mayor and the Township Administrator are hereby authorized and directed to execute the contracts for same.

BE IT FURTHER RESOLVED, that additional funds up to 20% of the base bid may be used with authorization of the Township Administrator.

______William J. Voyce Mayor RESOLUTION #124-2006

WHEREAS, the Township of Tewksbury has submitted a Housing Element and Fair Share Plan for third round substantive certification to the State of New Jersey, Council on Affordable Housing (COAH) on December 16, 2005; and

WHEREAS, additional submissions, including a municipal resolution regarding appropriating funds from general revenue or resolving to bond in the event of a shortfall are required before COAH can conduct an in-depth review and prepare a report pursuant to N.J.A.C. 5:95-5.2;

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

I. Funding required to provide for the municipal fair share of affordable housing described in Tewksbury’s Housing Element and Fair Share Plan shall, if available, be appropriated from the general revenue of the Township of Tewksbury;

II. If sufficient funds are not available from the general revenue, it is the intent of the Township of Tewksbury to bond for such funds to cover any shortfall of funding.

MISCELLANEOUS  Claims as submitted by the CFO  Minutes of 08/08/06  Authorization to have Deputy Mayor sign Application for Blue Light Permit for Karen Massey  Authorization to have Deputy Mayor sign Findings and Determinations for 09/23/06 Raffle (Harvest Festival)  Authorization to have Mayor sign Findings and Determinations for 10/01/06 Raffle (Whittemore Country Fair)  Authorization to have Deputy Mayor sign Findings and Determinations for 11/19/06 Raffle (Oldwick Fire Company)

10. Reports

Township Committee Sub Committee Education/Community Affairs Dr. Clarke-Kudless noted that a program was held yesterday entitled “Music for Peace” in support of global peace. She added that twenty individuals from Tewkesbury, England will be arriving in October and staying with families of Voorhees students. A new residents coffee will be held on 09/27/06 at Dr. Clarke-Kudless’ home. Comment was made regarding the new web site. Several photographs were distributed for placement on the new site.

Public Works Mr. Tauber stated that he has had good feedback regarding Mr. Hull’s work as the Superintendent of Public Works.

Finance Mr. Kenyon noted that the budget is in very good shape at this point of the year. He noted that tax collection dollar numbers are down, but this is a normal occurrence as it is always a cycle off.

Planning/Land Use Mr. Van Doren stated that he attended the State Historic Sites Council meeting regarding the County’s proposal for 523/517, adding that a meeting needs to be held with the County to further discuss the plans. It was suggested that Mr. Holt attend the meeting along with representatives from the County. Comment was made regarding the need to have the State Historic Preservation Office review the roadway plans with regard to the Bartles property. Mr. Van Doren noted that he and Mr. Kenyon will review the Ordinance from Clinton Township as requested by the Planning Board.

Public Safety Mayor Voyce noted that a letter from the State was received approving the Township’s Emergency Operations Plan. Additional comments were made regarding the receipt of grant monies for NIMS training and education for members of the Department of Public Works (DPW) and the Police Department.

Township Attorney Mrs. Kopen noted the following items from her report.  Work on drafting a Lighting Ordinance is ongoing.  Work on drafting an amendment to the Parks Ordinance is ongoing.  The requested list of items to be sent to COAH was transmitted on 09/08/06. Mr. Van Doren stated that he and Mr. Kenyon will work on the Lighting Ordinance and report to the Township Committee prior to the 09/26/06 meeting.

Township Engineer Mr. Holt noted the following items from his report.  SCE is working with the DPW to create a proper detour for Boulder Hill Road repairs. It was noted that the DEP will be notified of the activity, road signs will be erected and residents will be notified by mail.  The well has been installed at the Bartles property and will be tested next month. Final site plans are under review by United Cerebral Palsy officials. Successful bids were received for additional construction to be done on the Bartles property. Discussion followed concerning the matter previously discussed related to the wastewater treatment plant on the Bartles property and if any landscaping was planned. Discussion followed concerning Mr. Tauber’s request to have SCE create a rendering showing the view shed from the County road specific to the wastewater treatment plant.  Mr. Holt stated that SCE had not heard any comments Cassa regarding the alleged discharge into the Rockaway Creek from the Stavola Quarry.  Drainage projects will start on Alder Creek Road next week.  Roadway resurfacing has been completed except for two roads requiring slurry seal.  Work on the field at the CHF is nearing completion.  A packet will be submitted to the State Historic Preservation Office (HPO) regarding the construction of sidewalks in Oldwick. Mr. Van Doren stated that SCE should hold off on submission of the above noted packet until after the public meeting is held. He added that the Township Historic Preservation Commission should not be the lead entity regarding decisions related to sidewalks in Oldwick. It was suggested that a sign in sheet be available for submission to the HPO and the meeting be a noticed Township Committee meeting. Mr. Van Doren questioned the status of the sign lighting at Tewksbury Fine Wine and Spirits. He stated that the light shines into motorist’s eyes coming off of Lamington Road.

Township Administrator Mr. Landon noted the following items from his report.  Pagers will be purchased for the two emergency services as previously requested.  Tom Anderson will be serving as the primary back up Fire Official until Alan Layton returns.

 Discussion followed concerning a meeting that was held regarding the Pottersville Sewage Plant. A letter will be send to users to advise of a public meeting to be held in October. A Consent Order from the DEP will be necessary in order to have new management start clean up of the site.  The trails on Fairmount North are completed.  Discussion followed concerning a draft contract with Deer Carcass Removal Service, LLC related to the pick up of dead deer on municipal roadways. Mr. Van Doren stated his opposition with entering into a contract with an independent contractor. Dr. Clarke- Kudless suggested that this service be considered a shared service with other municipality/municipalities. It was the consensus of the Committee to have the contract with Deer Carcass Removal Service, LLC executed so that service may commence 10/1/06.  Mr. Tauber requested that the following be read from the Administrator’s report. “We will be sending a letter inviting the residents of Oldwick affected by the sidewalk plan to review the project with staff at the PAB, and the HPC has requested an evening meeting, with TC representation, to respond to any questions. Our letter will go out shortly, and the meeting can be scheduled for sometime in the autumn.”

In response to a question by Mr. Van Doren, it was stated that no response from the County has been received regarding payment for pagers.

11. Public Participation George Cassa noted that a meeting will be held on 9/24/06 or 9/26/06 regarding the rebuilding of the bridge on Vernoy Road in Morris County. He opined that this work is a “colossal boondoggle.” He added that he was told a resident could get in trouble with wildlife officials for removing dead road kill.

Libby Devlin noted the Gun Free School Act of 1990 that disallows hunting within 1000 feet of a school. She questioned if the Tewksbury Fine Wine and Spirits sign was going to be moved.

Patrice Marturana questioned the status of construction of the driveway into the Township Library/Community Center. She stated that the Board of Education is convening a meeting at the Old Turnpike School on 10/10/06 at 6:00 PM entitled “Classroom Space for Growing Enrollment.” Mr. Kenyon suggested that Mrs. Marturana contact Mr. Landon to receive a copy of the build out analysis.

12. Township Committee Comments Mr. Tauber noted that he had the privilege of attending the 9/11/06 ceremony at the Flemington courthouse. A Transfer of Development Rights (TDR) summit will be held on 9/22/06 in Burlington County. A Horse Industry Alliance Conference will be led by Rutgers on 09/20/06 at Monmouth Park.

Dr. Clarke-Kudless noted that the school is using the land in the front of the Police Administration Building for after-school soccer practice. Dr. Clarke-Kudless requested clarification regarding the procedure for the public to contact the DEP regarding environmental violations. Mr. Landon stated that he would contact the DEP Commissioner’s Office to verify the proper procedure.

Mr. Van Doren noted that the Parks Committee should be tasked with the naming of Township owned properties located on Parsonage Lot Road and the area currently referred to as Fairmount North.

Mr. Van Doren made a motion to refer to the Christy/Bartles property as the Bartles Property from this time forward, seconded by Mr. Tauber.

Dr. Clarke-Kudless suggested that this motion be tabled until the HPC reviewed the matter5.

Mr. Van Doren withdrew his motion, Mr. Tauber withdrew his second.

Mr. Van Doren made a motion to appoint Mr. Kenyon and Mr. Van Doren to be County Cross Acceptance Representatives, seconded by Mr. Kenyon. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Mr. Van Doren made a motion to reschedule the 11/14/06 Township Committee meeting to 11/9/06, seconded by Dr. Clarke-Kudless. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Mayor Voyce noted that the Trail Pace was held on 09-10-06 with no incidents to report. The Harvest Festival is scheduled for 09-23-06 (rain date 09-24-06).

13. Adjournment There being no further business, the meeting was adjourned at 9:45 PM.

Roberta A. Brassard Municipal Clerk