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

TOWNSHIP COMMITTEE DECEMBER 12, 2006 MINUTES

The Tewksbury Township Committee met in a regular session on the above date at the Municipal Building, Mountainville, NJ. The meeting was called to order at 7:00 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. Committeeman elect William Mennen was in attendance.

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 thirteen 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 7:005 PM Mr. Van Doren moved adoption of the following Resolution, seconded by Mr. Tauber. The motion was approved. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

RESOLUTION #157-2006 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 Possible Litigation 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. Correspondence The Correspondence List is attached to the minutes.

1 TOWNSHIP COMMITTEE DECEMBER 12, 2006 MINUTES

6. Actions to be taken  Ordinance Public Hearing Mr. Van Doren was recused from the following discussion.

Dr. Clarke-Kudless moved to open the Public Hearing on Ordinance #21-2006, seconded by Mr. Tauber. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Voyce. Nays: None. Recused: Van Doren.

Ms. Brassard provided proof of publication from the 11/16/06 Hunterdon County Democrat.

There being no comments from the public, Dr. Clarke- Kudless moved to close the Public Hearing on Ordinance #21-2006, seconded by Mr. Tauber. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Voyce. Nays: None. Recused: Van Doren.

Dr. Clarke- Kudless moved adoption of Ordinance #21-2006, seconded by Mr. Tauber. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Voyce. Nays: None. Recused: Van Doren.

TOWNSHIP OF TEWKSBURY COUNTY OF HUNTERDON ORDINANCE NO. 21-2006

AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF TEWKSBURY BY REVISING CERTAIN PROVISIONS OF CHAPTER 13.04, ENTITLED “SEWER SERVICE SYSTEM”

BE IT ORDAINED, by the Township Committee of the Township of Tewksbury, in the County of Hunterdon, State of New Jersey that the Code of the Township of Tewksbury is hereby amended by amending Chapter 13.04, entitled “Sewer Service System” as follows (with all other sections of said Chapter 13.04 remaining unchanged):

SECTION ONE. Section 13.04.360, “Flat Rate Sanitary Sewer Rental”, subsections A and D are amended to read as follows:

A. There is hereby established a flat rate sanitary sewer rental of seven hundred and twenty five dollars ($725.00) per year for each Flat Rate Sewer Rental Unit, payable quarterly in advance. Such flat rate sanitary sewer rental is based upon estimated annual operation costs and annual amortization costs of the sewer system, and may be changed from time to time as the need generated by such costs may require. "Flat rate sewer rental unit" shall be defined as a single-family dwelling unit or the equivalent which is connected with the sewer system, and shall be determined in different instances as follows:

D. Individual Pump Station Credit. Notwithstanding the foregoing, as to connection units in existence prior to the effective date of the ordinance codified in this section where individual pump stations are required and approved by the township’ s authorized agent, the flat rate sanitary sewer rental shall be six hundred eighty-five dollars ($685.00).

BE IT FURTHER ORDAINED that this Ordinance shall take effect immediately upon final passage and adoption and publication according to law.

Mr. Van Doren returned to the meeting at this time.

Dr. Clarke-Kudless moved to open the Public Hearing on Ordinance #22-2006, seconded by Mr. Van Doren. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Ms. Brassard provided proof of publication from the 11/16/06 Hunterdon County Democrat.

In response to a question by David Barnes, Mrs. Kopen explained the process for accepting a road into the Township road system.

There being no additional comments from the public, Dr. Clarke- Kudless moved to close the Public Hearing on Ordinance #22-2006, seconded by Mr. Tauber. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Dr. Clarke- Kudless moved adoption of Ordinance #22-2006, seconded by Mr. Tauber. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

ORDINANCE NO. 22-2006 TOWNSHIP OF TEWKSBURY COUNTY OF HUNTERDON STATE OF NEW JERSEY AN ORDINANCE ACCEPTING POTTER LANE AS A MUNICIPAL ROAD

WHEREAS, Potter Lane in the subdivision known as Shallowbrook Estates in the Township of Tewksbury, County of Hunterdon, State of New Jersey, has been offered for dedication to the public by the developers, George Brazer and Georgene Brazer, husband and wife; and,

WHEREAS, based on the review and report of the Township Engineer, it has been determined that Potter Lane conforms with municipal road standards; and,

WHEREAS, said Potter Lane is shown on the Final Subdivision Plat prepared by Associated Consultants and filed in the Hunterdon County Clerk’s office on April 6, 2000 as Instrument No. 1323, and is described in a metes and bounds description prepared by

Associated Consultants, Engineers and Land Surveyors of Chester, NJ dated April 26, 1999 and revised May 25, 1999 annexed hereto to the proposed form of deed of dedication; and,

WHEREAS, the deed of dedication will be recorded with the Hunterdon County Clerk; and,

WHEREAS, the municipality is authorized to accept the dedication of Potter Lane pursuant to N.J.S.A. 40:67-1b;

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Tewksbury, in the County of Hunterdon, State of New Jersey, that Potter Lane, as shown on Final Subdivision Plat prepared by Associated Consultants filed in the Hunterdon County Clerk’s office on April 6, 2000 as Instrument No. 1323, and described in a metes and bounds description prepared by Associated Consultants, Engineers and Land Surveyors of Chester, NJ dated April 26, 1999 and revised May 25, 1999, is accepted as a public road of the Township of Tewksbury.

BE IT FURTHER ORDAINED by said Township Committee that this Ordinance shall take effect immediately upon publication following final passage, according to law.

Dr. Clarke-Kudless moved to open the Public Hearing on Ordinance #23-2006, seconded by Mr. Van Doren. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Ms. Brassard provided proof of publication from eh 11/16/06 Hunterdon County Democrat.

There being no comments from the public, Dr. Clarke- Kudless moved to close the Public Hearing on Ordinance #23-2006, seconded by Mr. Tauber. The motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Dr. Clarke- Kudless moved adoption of Ordinance #23-2006, seconded by Mr. Tauber. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

ORDINANCE NO. 23-2006 TOWNSHIP OF TEWKSBURY COUNTY OF HUNTERDON STATE OF NEW JERSEY AN ORDINANCE ACCEPTING TIGER DRIVE AS A MUNICIPAL ROAD

WHEREAS, Tiger Drive in the subdivision known as Highland Farms at Tewksbury in the Township of Tewksbury, County of Hunterdon, State of New Jersey, has been offered for dedication to the public by the developer, Bocina Homes, Inc., a New Jersey Corporation; and,

WHEREAS, based on the review and report of the Township Engineer, it has been determined that Tiger Drive conforms with municipal road standards; and,

WHEREAS, said Tiger Drive is shown on the Subdivision Plat prepared by Page Engineering Consultants of Warren, NJ and filed in the Hunterdon County Clerk’s office on December 3, 1998 as Instrument No. 1310, and is described in a metes and bounds description prepared by Kennon Surveying Services, Inc., dated November 3, 2006, annexed hereto to the proposed form of deed of dedication; and,

WHEREAS, the deed of dedication will be recorded with the Hunterdon County Clerk; and,

WHEREAS, the municipality is authorized to accept the dedication of Tiger Drive pursuant to N.J.S.A. 40:67-1b;

NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Tewksbury, in the County of Hunterdon, State of New Jersey, that Tiger Drive, as shown on Subdivision Plat prepared by Page Engineering Consultants of Warren, NJ filed in the Hunterdon County Clerk’s office on December 3, 1998 as Instrument No. 1310, and described in a metes and bounds description prepared by Kennon Surveying Services, Inc. dated November 3, 2006, is accepted as a public road of the Township of Tewksbury.

BE IT FURTHER ORDAINED by said Township Committee that this Ordinance shall take effect immediately upon publication following final passage, according to law.

 Consent Agenda Mr. Van Doren requested that resolution #166-2006 be removed from the Consent Agenda. Mr. Kenyon requested that resolution #162-2006 be removed from the Consent Agenda.

Mayor Voyce noted the item listed under Miscellaneous “Authorization to have LUA send letter to Highlands Council re: extension of public comment period (1-23-07)”. It was the consensus of the Committee that the extension period be extended for an additional sixty (60) days from 1- 23-07.

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

RESOLUTION #158-2006 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 redemption of a tax sale certificate.

Block Lot Name CERT # Amount

11 22.10 US BANK CUST FOR SASS MUNI V DTR 06-02 4,410.76 50 S 16TH ST SUITE 1950 1,500.00 PHILADELPHIA, PA 19102 5,910.76

______William J. Voyce Mayor RESOLUTION #159-2006

TO APPROVE RELEASE OF THE PERFORMANCE BOND SUBJECT TO THE POSTING OF THE REQUIRED MAINTENANCE BONDS SUBMITTED BY BOCINA HOMES, INC. FOR WORK ON PROPERTY KNOWN AS HIGHLAND FARMS AT TEWKSBURY, BLOCK 15 LOTS 9, 9.01, 9.02 AND 21.02

WHEREAS, on September 16, 1998 the Tewksbury Township Planning Board granted final subdivision approval to Bocina Homes, Inc. for a development located on Tiger Drive and known as Block 15, Lots 9, 9.01, 9.02 and 21.02 on the Tewksbury Township tax maps, which approval was memorialized by Resolution No. 98-26 adopted by the Board on December 18, 1996; and, WHEREAS, as a condition of the approval, the Applicant was required to post a performance guarantee in the form of a performance bond or letter of credit in the amount to be determined by Applicant’s engineer and approved by the Township Engineer and in the form approved by the Township Attorney; and, WHEREAS, the Applicant submitted the required performance guarantee in the form of a performance bond, constructed the improvements that were the subject of the bond and is now seeking release of the bond; and, WHEREAS, the Township Committee may authorize the release of the performance bond upon completion and acceptance of the improvements by the Township Engineer and the submission of a maintenance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the Township Engineer; WHEREAS, the Township Engineer has recommended that, in addition to providing a maintenance bond in the amount of $33,274.80, the applicant supply a $5,000 cash bond, per the Engineer’s memorandum of 10/6/06, to address potential runoff damage to the downstream property located at Block 15, Lot. 17.

WHEREAS, the Township Engineer has inspected and approved the improvements and has accepted the amount of the maintenance bond and cash bond (attached memo dated October 6, 2006 from Suburban Consulting Engineers), and the Township Attorney has accepted the form of the maintenance bond and cash bond.

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

1. The Township Committee hereby approves the release of the performance bond submitted by the Applicant subject to the posting of the required maintenance bond and cash bond and payment of any outstanding escrow balance.

2. The Chief Financial Officer is directed to deposit the performance guarantee according to law.

RESOLUTION #160-2006

TO APPROVE RELEASE OF THE PERFORMANCE BOND SUBJECT TO THE POSTING OF THE REQUIRED MAINTENANCE BONDS SUBMITTED BY GEORGE BRAZER AND GEORGENE BRAZER, HUSBAND AND WIFE FOR WORK ON PROPERTY KNOWN AS SHALLOWBROOK ESTATES, BLOCK 31 LOTS 7.04, 10 AND 24

WHEREAS, on August 18, 1999 the Tewksbury Township Planning Board granted final subdivision approval to George Brazer and Georgene Brazer, husband and wife for a development located on Potter Lane and known as Block 31, Lots 7.04, 10 and 24 on the Tewksbury Township tax maps, which approval was memorialized by Resolution No. 99-32 adopted by the Board on November 30, 1999; and, WHEREAS, as a condition of the approval, the Applicant was required to post a performance guarantee in the form of a performance bond or letter of credit in the amount to be determined by Applicant’s engineer and approved by the Township Engineer and in the form approved by the Township Attorney; and, WHEREAS, the Applicant submitted the required performance guarantee in the form of a performance bond, constructed the improvements that were the subject of the bond and is now seeking release of the bond; and, WHEREAS, the Township Committee may authorize the release of the performance bond upon completion and acceptance of the improvements by the Township Engineer and the submission of a maintenance guarantee in a form acceptable to the Township Attorney and in an amount acceptable to the Township Engineer; WHEREAS, the Township Engineer has recommended that, in addition to providing a maintenance bond in the amount of $42,038.25, the applicant supply a $7,534.50 cash performance bond, per the Engineer’s memorandum of 11/6/06, to address the cost of

7 TOWNSHIP COMMITTEE DECEMBER 12, 2006 MINUTES application of the final wearing surface bituminous asphalt and aggregate to be completed not later than July 31, 2007. WHEREAS, the Township Engineer has inspected and approved the improvements and has accepted the amount of the maintenance bond and cash performance bond (attached memo dated November 6, 2006 from Suburban Consulting Engineers), and the Township Attorney has accepted the form of the maintenance bond and cash performance bond. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Tewksbury, County of Hunterdon and State of New Jersey as follows:

1. The Township Committee hereby approves the release of the performance bond submitted by the Applicant subject to the posting of the required maintenance bond and cash performance bond and payment of any outstanding escrow balance.

2. The Chief Financial Officer is directed to deposit the performance guarantee according to law.

______William J. Voyce Mayor RESOLUTION #161-2006 TRANSFERS

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 transfers.

Current Fund

From: To: A&E OE 4,500.00 A&E S&W 4,500.00 Twp. Committee OE 6,000.00 Engineering 10,000.00 Legal Services 50,000.00 Public Bldg. & Grounds OE 15,000.00 Land Use OE 6,000.00 Group Health Insurance 2,000.00 Police PBA Benefits 5,600.00 Public Works S&W 10,000.00 Code Enforcement OE 4,920.00 Bd. Of Health OE 500.00 Vehicle & Eqpt. Maintenance 8,000.00 Electricity 3,000.00 Telecommunications 2,020.00 Gasoline & Diesel 10,000.00 Code Enforcement S&W 7,000.00 Stat. Exp. SS & Medc 5,000.00 TOTAL 77,020.00 TOTAL 77,020.00

Cancel to Fund Balance Current Fund From: To: Public Works OE 26,000.00 Fund Balance 36,000.00 Park Maintenance OE 4,000.00 Garbage & Trash Removal 2,000.00 Water & Hydrants 4,000.00 TOTAL 36,000.00 TOTAL 36,000.00

RESOLUTION #163-2006 SUPPORT FOR A COMMUNITY STEWARDSHIP INCENTIVE PROGRAM GRANT

WHEREAS, an application will be submitted to the New Jersey Department of Environmental Protection, Division of Parks and Forestry for a Community Stewardship Incentive Program (CSIP) grant for woodland management at the Pascale Farm Park, Block 16, Lot 6, in the Township of Tewksbury; and

WHEREAS, approval was awarded to Tewksbury Township in 2003 for the successful completion of an approved Community Forestry Management Plan in accordance with the New Jersey Shade Tree and Community Forestry Assistance Act; and

WHEREAS, this grant is offered to municipalities that have an approved status under the NJ Shade Tree and Community Forestry Act; and

WHEREAS, the goal of these CSIP grants is to provide funds to help accomplish management goals called for in the Township’s Community Forestry Management Plan; and

WHEREAS, the Land Use Administrator, the Superintendent of Public Works and the Forestry Advisory Board have identified that a priority task in the Community Forestry Management Plan is to begin stewardship planning and active management on municipally owned lands and have worked to complete the proper paperwork to be submitted to the New Jersey Department of Environmental Protection Division of Parks and Forestry for the Pascale Farm Park site.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey hereby supports the submission of the grant application to the New Jersey Department of Environmental Protection Division of Parks and Forestry.

RESOLUTION #164-2006 SUPPORT FOR A TRAIL GRANT

WHEREAS, a grant application has been made for the purpose of reconstructing trails at the Whittemore Wildlife Sanctuary in the Township of Tewksbury; and

WHEREAS, the Township Department of Public Works and volunteers have worked to complete the proper paperwork to be submitted to the National Recreational Trails Program.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey hereby supports the submission of the grant application to the National Recreational Trails Program for the purpose of reconstructing trails at the Whittemore Wildlife Sanctuary in the Township of Tewksbury.

RESOLUTION #165-2006 APPOINTING RISK MANAGEMENT CONSULTANT TO THE STATEWIDE INSURANCE FUND

WHEREAS, the Township of Tewksbury (hereinafter “Local Unit”) has joined the Statewide Insurance Fund (hereinafter “Fund”), a joint insurance fund as defined in N.J.S.A. 40A:10-36 et seq.; and

WHEREAS, the Bylaws require participating members to appoint a Risk Management Consultant, as those positions are defined in the Bylaws, if requested to do so by the Fund; and

WHEREAS, the Fund has requested its members to appoint individuals or entities to that position; and

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

1. Township of Tewksbury hereby appoints Raymond W. Scherer as its local Risk Management Consultant.

2. The Mayor, Municipal Clerk and Risk Management Consultant are hereby authorized to execute the Risk Management Consultant’s Agreement for the fund year 2007 in the form attached hereto.

RESOLUTION #167–2006

SMALL BALANCES CANCELLATION

WHEREAS, the Township of Tewksbury has, from time to time, certain minimal tax overpayments and delinquencies; and

WHEREAS, P.L. 1996, Chapter 113 amended P.L. 1983, Chapter 568 allows for cancellation of a refund or delinquency of less than $10.00.

NOW, THEREFORE, BE IT RESOLVED by the Committee of the Township pf Tewksbury in the County of Hunterdon and State of New Jersey that the Tax Collector is hereby authorized to cancel tax overpayments or tax delinquencies of less than $10.00 that occur during the year 2006.

RESOLUTION #168-2006 PERSON TO PERSON TRANSFER OF LIQUOR LICENSE

WHEREAS an application has been filed by Mark Marrazza of Marrazza Enterprises, LLC for a Person to Person Transfer of Plenary Retail Consumption License with Broad Package Privilege #1024-32-002-003 heretofore issued to Rick and Joyce Brady of The Tewksbury Inn for premises located at 55 Old Turnpike Road, Tewksbury Township, NJ; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed, and the issuing authority reviewed the source of all funds used in the purchase of the license, and the licensed business, and all additional financing obtained in connection with the license business.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey does hereby approve, effective December 12, 2006 the transfer of the aforesaid Plenary Retail Consumption License with Broad Package Privilege from Rick and Joyce Brady of The Tewksbury Inn to Mark Marrazza of Marrazza Enterprises, LLC and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all of its terms and conditions is hereby transferred effective December 12, 2006 to Marrazza Enterprises, LLC for premises located at 55 Old Turnpike Road, Oldwick, NJ.”

RESOLUTION #169-2006

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 POLICE Timothy Hanft Patrolman 2nd class 70,573.00/annually* *effective 12/15/06

RESOLUTION #170-2006 TO ACKNOWLEDGE RECEIPT OF A DONATION TO THE TOWNSHIP DEPARTMENT OF PUBLIC WORKS

WHEREAS, a donation of a Kubota tractor and two brush-hog attachments valued at approximately $20,000.00 was made to the Department of Public Works in the Township of Tewksbury by Colonel Michael Yannell.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Tewksbury, County of Hunterdon, State of New Jersey that this donation has been gratefully acknowledged. ______William J. Voyce Mayor

RESOLUTION #171-2006 RESOLUTION APPROVING EASEMENTS

WHEREAS, the Township owns real property known as Block 44, Lot 12, in the Township of Tewksbury, in the County of Hunterdon, and State of New Jersey, and Oldwick Community Center, Inc, a non-profit corporation organized and operating under the laws of the State of New Jersey (the “Community Center”) owns real property adjoining said Lot 12 on the north, being real property known as Block 44, Lot 11; and

WHEREAS, a limited liability company owned and operated by George B. and Norma Melick (“Melick”) owns real property known as Block 44, Lot 26 in the Township of Tewksbury; and

WHEREAS, the Township is constructing a new driveway access from said Lot 12 to Hunterdon County Route 517 (Route 517 adjoins both said Lots 12 and 11 on the east), and

WHEREAS, Melick currently possesses an easement to access Lot 26 by means of a right of way easement over and across real property known as Block 44, Lot 11, title to which Lot 11 is presently held in the name of the Community Center; and

WHEREAS, in order to reduce the traffic on Route 517 generated by vehicles turning into driveways on the adjoining Lots 11 and 12, and to accommodate the request of the County of Hunterdon, to have this new driveway serve as access to and from County Route 517 for both said Lot 12 and Lot 11, the Community Center has agreed to have such access between said Lot 11 and County Route 517 closed to traffic, and the Township has agreed to grant the easement described herein to the Community Center, all on the terms set forth in a Declaration of Easement to be executed by the Township and the Community Center which has been approved as to form by the Township Attorney; and

WHEREAS, due to the agreement of the Community Center to use the driveway across Lot 11, Melick has been deprived of the use of its easement to access Lot 26 and, therefore, the Township has agreed to provide Melick with the same rights to cross Lot 12 as it had possessed to cross Lot 11, all in accordance with the terms of a Declaration of Easement to be executed b the Township and Melick which has been approved as to form by the Township Attorney;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Tewksbury, County of Hunterdon and State of New Jersey that the Mayor and Clerk and all other necessary municipal officials are hereby authorized to execute and deliver the Declaration of Easements as to Melick and as to the Community Center, as approved by the Township Attorney and as described above.

MISCELLANEOUS

 Claims as submitted by the CFO  Minutes of 11/28/06  Executive Session minutes of 11/28/06  Authorization to have LUA send letter to Highlands Council re: extension of public comment period (1-23-07)

ITEM REMOVED FROM THE CONSENT AGENDA With regard to proposed Resolution #162-2006, Mr. Kenyon opined that the athletic fields in the Township should be named after Harlan Welsh and Jack Schmidling because of their roles in the formation of the Township.

Mr. Van Doren noted that the proposed Resolution stated the specific properties by Block and Lot and the naming of the parks was charged to the Parks Committee. Discussion followed regarding the naming of Township properties after individuals, specifically with regard to a field behind the Old Turnpike Road School (Don Miller) and a street corner and a tree (Fred Clucas).

It was the consensus of the Committee to send the matter regarding the naming of athletic fields back to the Parks Committee and to include the not-as-yet built field on the Bartles property.

Mr. Tauber made a motion to withdraw Resolution #162-2006 from the Consent Agenda and to send the matter back to the Parks Committee for consideration naming of the parks for community leaders who have served, seconded by Mr. Kenyon.

Mr. Kenyon stated that an athletic field should be named after Harlan Welsh as he was a “quite a baseball player in his very young days.”

The above noted motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Voyce. Nays: Van Doren.

Mr. Van Doren was recused from voting on the following Resolution. Mr. Mennen was recused from the following discussion.

Mr. Kenyon made a motion to adopt Resolution #166-2006, seconded by Mr. Tauber.

In response to a question by Mr. Kenyon, Mr. Holt stated that a site walk is planned for 12-13-06 and a findings report will be submitted to the Township Committee.

A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Voyce. Nays: None. Recused: Van Doren.

TOWNSHIP OF TEWKSBURY HUNTERDON COUNTY

RESOLUTION NO. 166-2006

RESOLUTION AUTHORIZING A TEMPORARY LICENSE TO QUARRY

WHEREAS, the Township of Tewksbury (“Township”) adopted an ordinance regulating quarrying and requiring a license to conduct that activity on June 27, 2000 (“Ordinance”); and

WHEREAS, Stavola Quarries, LLC, 810 Thompson Avenue, Bound Brook, New Jersey (“Stavola”) is the owner of a quarry known as the Oldwick Materials Quarry, Oldwick, New Jersey (“Quarry”); and

WHEREAS, Stavola applied for and received a Quarry License for the year 2006; and

WHEREAS, Stavola, pursuant to the Ordinance, has submitted to the Township a

Quarry License Application for the year 2007 which is being reviewed by the Township Engineer and Planner; and

WHEREAS, Stavola wishes to continue with a temporary license until such time as a plenary Quarry License is granted to it; and

WHEREAS, Stavola has been provided with a copy of this Resolution in advance of it being passed by the Mayor and Committee and has consented to the terms and conditions thereto.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Tewksbury, Hunterdon County, New Jersey that Stavola Quarries, LLC be and is hereby granted a temporary license to operate the Oldwick Materials Quarry for the period from January 1, 2007 to February 28, 2007, subject to the following terms and conditions:

1. The license to operate hereby granted is not a plenary license and the operation of the Oldwick Materials Quarry shall be limited to the activities set forth herein. The license shall expire the earlier of February 28, 2007, the issuance of a plenary license or the failure of the Oldwick Materials Quarry to strictly comply with the conditions of this Resolution.

2. All operations of the Oldwick Materials Quarry will be conducted, and permitted only in accordance with Ordinance and the terms and conditions of the 2006 Quarry License.

3. Except for local deliveries within one mile of this exit, Stavola shall prohibit all dump trucks and vehicles having a gross weight, in excess of four tons from making a right-hand turn onto Rockaway Road when exiting the Quarry. Stavola will post adequate signage at the exit of the Quarry to notify truck drivers of this restriction

4. The granting of this temporary license is without prejudice and does not grant to Stavola any “grandfather rights” to operate or carry on any quarry operations of any type, nor does it assure Stavola that it will be granted a Quarry License for the year 2007 or thereafter. Stavola acknowledges, by accepting the temporary license granted herein, that it must comply with all requirements of the Ordinance in order to receive a plenary license for the year 2007.

Mr. Van Doren and Mr. Mennen returned to the meeting at this time.

 Proclamation Mayor Voyce read the following Proclamation into the minutes of the meeting.

PROCLAMATION TO RECOGNIZE THE 2006 CITIZEN OF THE YEAR FOR THE TOWNSHIP OF TEWKSBURY

Mr. Charles Nicholas

WHEREAS, it is the annual custom for the Mayor of Tewksbury to proclaim the virtues of an outstanding citizen and to award the title of Citizen of the Year through Proclamation; and

WHEREAS, this award is in recognition of the many contributions made by previous Citizens of the Year and other individuals for the benefit of our Township residents; and

WHEREAS, this citizen of the year has contributed countless hours of volunteer time and concern for the planning and coordination of numerous successful events with the Pottersville Fire Company; and

WHEREAS, this recipient has contributed over twenty years to Boy Scout Troop 199, and the Zion Lutheran Church as its charter organization,

WHEREAS, during this service he has held various adult leadership positions in Troop 199 as well as the Hunterdon Arrowhead District,

WHEREAS, he has been involved in taking scouts to high adventure areas Philmont, Florida Sea Base, and Northern Tier: and

WHEREAS, his involvement has resulted in many scouts receiving the Eagle Scout award and that he has been a positive influence on the youth of our community; and

WHEREAS, the service these Scouts have rendered to Tewksbury Township has benefited the citizenry of the Township,

NOW, THEREFORE, BE IT RESOLVED that as Mayor of the Township of Tewksbury, County of Hunterdon, State of New Jersey, I do hereby proclaim the 2006 Tewksbury Citizen of the year to be Mr. Charles Nicholas.

BE IT FURTHER RESOLVED that this proclamation shall be presented in its entirety in the minutes of the Tewksbury Township Committee so that all may recognize the Contributions that Mr. Charles Nicholas has made to the quality of life in the Township of Tewksbury and so that we may honor his contribution now and in the future.

Mr. Tauber made a motion authorizing the Township Administrator to convey the discussions with regard to the PBA contract and to authorize the signing of the document if agreement is reached as discussed in Executive Session, seconded by Mr. Van Doren. A roll call vote was

16 TOWNSHIP COMMITTEE DECEMBER 12, 2006 MINUTES taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

Dr. Clarke-Kudless noted that it has been a pleasure to honor the youth of the Township during her six years on the Township Committee.

7. Reports

Township Committee Sub Committee Finance Mr. Kenyon congratulated the Administrator, Tax Collector and CFO for their continuing good work regarding Township fiscal matters.

Education/Community Affairs Dr. Clarke-Kudless noted the following items.  A 7:00 PM meeting was held at the school regarding school curriculum.  An article was recently in the Hunterdon Review regarding the Sister City exchange program.  Comments were made regarding Resolution #170-2006.  The Communications Committee reviewed and accepted an application for the Harris Wofford Award to the Sister Cities Program on behalf of the TAA.  The Community of Light program is scheduled for 12-17-06 in the village of Oldwick.

Township Engineer Mr. Holt noted the following items from his report.  The 2007 budget is being worked on with the Superintendent of Public Works for capital projects and ongoing road maintenance.  A grant has been received for work to be done on Bissell Road in 2007.  Work on the Bartles property is ongoing. Well testing should be completed before the new year.  Drainage improvement works for 2006 are being closed out.

In response to a question by Mr. Van Doren, Mr. Holt stated that a speed survey can be conducted for Rockaway Road, specifically with regard to the section from Route 523 to the quarry. Mr. Van Doren added that there are a couple of drainage culverts on Rockaway Road (closer to the quarry) that are beginning to sink.

Discussion followed regarding how a road get considered for State grant funds.

8. Public Participation Robin Love speaking on behalf of RANPI read the following into the minutes of the meeting.

For almost 9 years now, the Residents Alliance has appeared before this committee, either regularly as an observer or on many occasions, as a participant. Tonight we are participating albeit not in our normal advocacy role. While from the start our primary focus was Pascale, we have and we will continue to be advocates for responsible, long-term planning that limits the type of municipal and private development that would negatively impact the environmental, historic, and rural character of Tewksbury.

For the past six years, it has been our great pleasure and good fortune to have had Tom Kenyon and Dianne Clarke-Kudless as Township Committee members. Their dedication, hard work, and sincerity should serve as a positive example to all citizens of Tewksbury. RANPI particularly commends and thanks them for their active support. Accordingly, the trustees of RANPI, formally and on the record extend our formal appreciation to Tom and Dianne for their years of service to Tewksbury and wish them well in all their future endeavors. To all committee members, returning and incoming, we look forward to working with you next year. The task of preserving Tewksbury never ends. Merry Christmas, Happy New Year, and we’ll see you in January.

James Kudless thanked the Township Committee for the cooperation and collaboration exhibited over the past six years. He outlined the work done and the tasks achieved.

9. Township Committee Comments Mr. Tauber thanked Mr. Kenyon and Dr. Clarke-Kudless for their past six years on the Township Committee, stating that it has been a pleasure and a privilege. He added that the issues facing the Township were handled in a sincere, effective and educated manner and Mr. Kenyon and Dr. Clarke-Kudless were exemplary Township Committee members.

Mr. Van Doren noted that he recently attended a League of Municipalities seminar regarding tax relief. He noted that a bill has been accepted with regard to open space funding. In closing, Mr. Van Doren noted the work done by Mr. Kenyon and Dr. Clarke-Kudless during the past six years.

Dr. Clarke-Kudless stated that the type of community support shown by the residents of the Township made it easier to keep promises made six years ago. She thanked Mr. Landon particularly for his work in leading the employees and volunteers of the Township. She added her appreciation to Sue Murphy for all of the work done with regard to the Communications Committee and the Sister Cities Project. She thanked the members of the Township Committee for their work and professionalism.

Mr. Kenyon noted that he and Dr. Clarke-Kudless started out together and plan on ending together. He noted the work they accomplished regarding the Rescue Squad Building, a new Master Plan and zoning, the designation of Pascale as an area of passive recreation, new athletic fields, no significant increase in taxes

Mayor Voyce commented on the services that are provided to the Township by the Tewksbury Rescue Squad (TRS) and thanked Mr. Kenyon and Dr. Clarke-Kudless for their work in helping to accomplishing the construction of the new TRS building. Mayor Voyce read the following into the minutes of the meeting.

We have had a very successful year some highlights and accomplishments include:

We adopted the National Incident Management System otherwise know as NIMS – as part of emergency preparedness all of our personal have received required training – we also mobilized our recourses in a mock drill to find a lost Alzheimer’s patient

We created the Forestry Advisory Board – They have done well

We made 5 new Township Sub-committees that report at monthly meetings

We found a use for the Bartles House - have received preservation money for exterior restoration - The interior will be converted into 4 COAH apartments – which will offset Round 3 COAH obligations

We aided the Oldwick Fire Company by paying off their tanker, increasing their annual contribution and helped them by guaranteeing a loan to finish their building –

We helped the Tewksbury First Aid and Rescue Squad in like manner by paying off their outstanding debt on some of their rolling equipment and increased their annual contribution –

We met with the Tewksbury Library and found a mutually agreeable solution to their building requirements – They have been successful by increasing hours and utilization of their services – we were able to increase their annual contribution –

We received International and National recognition in Washington DC as 1 of 20 municipalities by Sister Cities International –

We received grants for Trails at Fairmount Park, Office of Emergency Management (OEM), road work for Califon – Cokesbury Road and recently Bissell Road, Police training

We had two bridges replaced by the County – these bridges are capable of supporting emergency equipment and school buses as well as being aesthetically pleasing – much could be said of the efforts by the citizens and committee to maintain the rural character

We were able to do all the previous mentioned and more without a need to raise taxes – and while other local communities are looking to raise taxes next year – we could have a decrease -

I want to thank all of you that have served on a board, commission or committee. I wish to thank the staff for their dedication. I am appreciative to our volunteers in other capacities that safeguard our community – And I want to thank the township committee for their support during this past year.

It has been a privilege and an honor to serve as your Mayor.

Happy Hanukah, Merry Christmas, and to all a happy and safe holiday season. Thank you.

Mr. Kenyon thanked Mr. Van Doren for his tireless work done with the PIG program in preserving the quality of life in the Township and the work done for the 2005 Celebration.

10. Executive Session At 9:00 PM Mr. Van Doren moved adoption of the following Resolution, seconded by Dr. Clarke-Kudless. The motion was approved. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

RESOLUTION #172-2006 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 Land Acquisition 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

11. Reconvened The meeting reconvened at 10:05 PM.

Mr. Van Doren made a motion to cancel the 12/26/06 Township Committee meeting, seconded by Mr. Kenyon. A roll call vote was taken and the motion was adopted. Ayes: Clarke-Kudless, Kenyon, Tauber, Van Doren, Voyce. Nays: None.

12. Adjournment There being no further business, the meeting was adjourned at 10:06 PM.

Roberta A. Brassard Municipal Clerk