The Township Committee of the Township of Raritan Met This Date at the Police/Court Facility s1

Township Committee Meeting Minutes October 21, 2014

The Township Committee of the Township of Raritan met on October 21, 2014 at the Municipal Building, One Municipal Drive, Flemington, New Jersey

MEETING Mayor O’Brien called the regular meeting to order at 7:07 p.m. CALLED

ROLL CALL The following were present: Mayor Craig O’Brien, Deputy Mayor Michael Mangin, Comm. Tom Antosiewicz, Comm. Oliver Elbert and Comm. Karen Gilbert. Also present was Adm. Allan Pietrefesa and Township Attorney Albert E. Cruz.

MEETING Mayor O’Brien advised that the meeting was advertised in accordance with the ADVERTISED Open Public Meetings Act in the January 10, 2013 issue of the Hunterdon County Democrat and was posted on the office bulletin board and the Township Website.

PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE

Mayor O’Brien asked all to join in the Pledge of Allegiance to our Flag and to remain standing for a Moment of Silence to remember our Men and Women serving in the Armed Forces and in Particular Those Serving In Troubled Areas Around the World.

PUBLIC It is the policy of the Township Committee that all public comments on an issue COMMENT shall be limited to three minutes per person. Public comment shall be permitted on items of concern regarding the agenda only. In addition, time will be allotted at the end of the meeting for public comment on any issue.

*** Barbara Sachau, 2 Glenway Drive, wanted to know about a bill for the dugout replacement in the amount of $13,000. She also wanted to know why there was only one bid for the leaf vacuum and if it was properly advertised. She was curious about whether it could be rebid. She also wanted to know how many acres the Kangas property was.

Mayor O’Brien said that the dugout replacements were for Lenape Park and was a joint effort with the Parks and Recreation Commission. This will be constructed over a three-year period. Adm. Pietrefesa said that only one bid was received and was properly advertised. The bid came in under the budget estimate. The Kangas property is 42 acres.

1 Township Committee Meeting Minutes October 21, 2014

PUBLIC *** Cathy Godfrey, 406 Hawthorne Court, asked the Committee if signs could be COMMENT posted for wildlife along Case Boulevard from Route 202 to Voorhees Corner (Con’t) Road. The signs would make the driver aware of the wildlife in the area.

Mayor O’Brien said that he was hesitant to place wildlife signs on that road because there are a number of other roads that would also qualify. He said that he will check with the engineer and follow up on this matter.

FINANCIAL Revenue Report – August, 2014 – Adm. Pietrefesa said that the only concerns were ISSUES about fees and permits. In answer to Comm. Mangin’s question, Flemington Borough only pays rent for the use of the court room. Hampton Borough pays a yearly contract fee plus the Township keeps all the fees collected.

Payment of Bills as Listed for Raritan Township: $ 902,129.07

Mayor O’Brien said that $600,000 was for payroll. He asked about Check #024940 in the amount of $54,076.34. Adm. Pietrefesa said that it was a tax refund. Mayor O’Brien said that the dugout replacement was for $17,500 and the actual cost is $14,589.00. This cost was split between the Township and Parks and Recreation. Comm. Mangin asked about Check #003573 in the amount of $61,216.55. Adm. Pietrefesa said that this money is for the Autumn Leaf Drive project. The project is completed, however, it has not been striped yet and the final payment has not been made. Comm. Gilbert asked about Check #024920 in the amount of $17,784.48 payable to East Coast Emergency Lighting. Adm. Pietrefesa said that this amount was for the lighting on the police cars.

Mayor O’Brien asked for a motion to approve the Bill List.

Motion was made by Comm. Mangin and seconded by Comm. Elbert.

Roll Call Vote: Antosiewicz – yes Elbert – yes Gilbert - yes Mangin – yes O’Brien – yes

Motion carried.

FINANCIAL Payment of Bills as Listed for the Raritan Township Fire Company: $ 2,099.00 ISSUES (Con’t) Mayor O’Brien asked for a motion to approve the Bill List for the Fire Company.

Motion was made by Comm. Gilbert and seconded by Comm. Elbert.

Roll Call Vote: Antosiewicz – yes Elbert – yes Gilbert - yes Mangin – recuse O’Brien – yes

Motion carried.

REPORTS LIAISON REPORTS

Craig O’Brien - Administration/Finance/Personnel - Mayor O’Brien said that Dirk Struening, Superintendent of Public Works, has retired. He served Raritan Township for 34 years. The entire Committee wished him well in his future endeavors.

Michael Mangin –RTMUA/Economic Development – Comm. Mangin reviewed several projects approved by the Township including the Fred Beans expansion, Toll Brothers Mountain View Phase II for 55 homes, a technical training center on Royal Road and the construction of the Hundai Dealership on Route 202. There is an interest in the Beemis property which will add 50+ jobs with a plan to use the rail. Hopefully by the end of the year, there will be a commitment. He also reported on the County Economic Development. The last meeting of the County was attended by Comm. Elbert and Planner Sunyak. At that meeting a 478 page document was disbursed and the Committee was asked to send in comments by November 7, 2014. He said that the economic plan is great for the County, however, it lacks infrastructure with regard to Raritan Township. Planner Sunyak said that she will also be collecting feedback from the Planning Board members. The discussion will be carried over to the next meeting. Comm. Mangin also mentioned that there was a meeting at the RTMUA regarding a revised sewer capacity list. The RTMUA is working on retrieving some of the outstanding capacity.

3 Township Committee Meeting Minutes October 21, 2014 REPORTS Tom Antosiewicz – Public Works/Board of Health/Green Team & Historians (Con’t) Committee – Comm. Antosiewicz said that the Board of Health will be working with Planner Sunyak regarding unkempt and abandoned properties. Planner Sunyak said that she is working on a draft ordinance regarding this matter. There has not been much progress made on the Greenway and access to the river. He will ask for a meeting with Readington Township to discuss these issues. Comm. Mangin said that Peter Kinsella, Chairman of the Local Historians Committee, informed him that a cupola is being built for the County Archives Building on River Road and the ladder ladder truck is needed to lift it on the roof. The ladder truck is not in service at this time.

Karen Gilbert – Flemington-Raritan Schools/Hunterdon Central High School/ Parks & Recreation – Comm. Gilbert said she spoke with Ray Krov, Business Administrator of Hunterdon Central High School, who informed her that the high school does not want to pursue any parking off site because of the liability issue. A lease agreement for parking spaces will be needed when Costco is completed. Attorney Cruz said that an ordinance will have to be adopted in order to accept the property. She also mentioned that on December 13, 2014 there will be a Senior Luncheon at Hunterdon Central High School. The Parks and Recreation Committee has been receiving requests for a Community Center. They asked if the old Township building on Raritan Avenue could be utilized. Adm. Pietrefesa said that the building is not handicapped accessible. Comm. Gilbert said that a Running Club is being started up called “You in Motion” with parents and children. The first meeting will be on November 1, 2014 at Mine Brook Park. Adm. Pietrefesa said to make sure that they have the proper insurance certificate. Comm. Gilbert said she was informed by Kim Hierling, Co-Director of Parks and Recreation that the porta johns at Mine Brook Park need to be cleaned. She will follow up with Public Works.

Oliver Elbert – Public Safety/Affordability & Wellness/Rural Quality - Comm. Elbert said that the ladder truck needs an alternator which will be very expensive. Comm. Mangin said that the Fire Company found a place that can rebuild the old alternator and install it in the truck. Adm. Pietrefesa said that the new fire truck will be purchased under State Contract. Adm. Pietrefesa said that other items not on State Contract need to be purchased elsewhere. He mentioned that the Township can hold an on line auction to sell the old fire trucks and other equipment. This matter will be continued at the next meeting. Comm. Elbert said that an ordinance is scheduled for introduction to purchase the Kangas property. He thanked everyone on the Open Space Committee for acquiring enough partners to purchase this property. There will not be any net cost to the Township. This property will preserve water quality and help with flood control.

UNFINISHED RTMUA CAPACITY – SUB COMMITTEE – Mayor O’Brien said that a BUSINESS sub-committee will be formed to help understand the sewer capacity that the RTMUA is facing. He said that the sub-committee should be comprised of the Planner, 2 members of the Township Committee and Township Engineer. It was the consensus of the Committee to appoint Comm. Mangin, Comm. Gilbert, Planner Sunyak and Engineer Hajjar to the sub-committee. Comm. Antosiewicz said several years ago, the State was looking to place a mandatory policy on municipalities to have residents pump out septic systems every three years. Some municipalities already have a voluntary policy in place. Mayor O’Brien said that if there is a need for it and the State is recommending it, then this will have to be part of the sub- committee’s discussion with the RTMUA. The State has since discontinued this mandatory policy. Comm. Mangin said that the RTMUA is very concerned with the Hunterdon County Department of Health regarding failing septic system. If they are required to hook up to the sewer system, this could be upwards of $10 million. A special tax assessment would have to be levied on the taxpayers.

RARITAN ESTATES (STICKEL PROPERTIES SETTLEMENT)

Attorney Cruz stepped down from the dais and did not participate in the discussion regarding Raritan Estates (Stickel Properties Settlement) due to a conflict of interest.

Adm. Pietrefesa said that the settlement agreement with regard to the walking trails and the bonding that the Township is holding has been signed. It was reviewed by Attorney Jonathan Drill, Engineer Hajjar and Adm. Pietrefesa. The end result is that the Township will receive $30,495 in cash of which part of that will come from the performance bond that the Township is holding. The money will be used to fix the walkways and other repairs. There are two resolutions for consideration. One is to authorize the settlement agreement and one is to release the performance and maintenance bonds. Stickel Properties must deliver a check for $26,000 within 30 days of the signing of the agreement. The remainder of the funds will come from the cash performance bond. Comm. Mangin thanked Eng. Hajjar for taking care of this matter. Mayor O’Brien said that a letter will be drafted to the residents informing them of the progress of the walkway.

Attorney Cruz returned after this discussion.

ENERGY AGGREGATION UPDATE – Mayor O’Brien said that Gabel Associates submitted a contract for review. Attorney Cruz said that all of his questions were answered by Gabel Associates and the Township can go ahead with the contract. Mayor O’Brien said that Flemington Borough is also interested in pursuing energy aggregation. West Amwell, Delaware and Lambertville are working together in this matter.

UNFINISHED HUNTERDON COUNTY ECONOMIC DEVELOPMENT STRATEGY BUSINESS REPORT – Planner Sunyak said that after she reviews the document, she will (Con’t) provide the Committee with her comments. This will be discussed at the next meeting.

ORDINANCE #14-15 – Attorney Cruz said that at the last meeting an ordinance was issued to auction surplus property along Pennsylvania Avenue. Since then, a questions has arisen as to whether or not the Township has title to the property. After reviewing the filed map and the ordinance accepting that road into the Township’s road system, he recommended was that the Township do a title search which would cost about $500 and would be available in approximately two weeks. The public hearing on this ordinance will be held on November 5, 2015. This will answer any questions with respect to the title of the property. Mayor O’Brien asked if the ordinance can be amended to include $500 in the purchase price. Attorney Cruz said that the ordinance can be amended, however, the ordinance could not be adopted on November 5, 2014 as scheduled. A new public hearing would have to be held with a new minimum price. Attorney Cruz will ask Eng. Hajjar to go to a title company in person to explain what the title company needs to search for.

NEW THE NEXT TOWNSHIP COMMITTEE MEETING WILL BE HELD BUSINESS ON WEDNESDAY, NOVEMBER 5, 2014 DUE TO ELECTION DAY – Acknowledged.

LEAF VACUUM BID AWARD – Adm. Pietrefesa said that one bid was received from Old Dominion Brush on October 15, 2014. All the required documents were submitted. The bid came in at $41,941 which was lower than the estimated cost of $45,000. A recommendation was made by Supt. Struening to award a contract to Old Dominion Brush in the amount of $41,941. A resolution was adopted later in the meeting.

RETURN OF PERFORMANCE BOND TO FLEMINGTON OFFICE CENTRE (PAUL PHILLIPS EYE) – BLOCK 16.01, LOT 69.01 – Adm. Pietrefesa said that this was a bond for landscaping. Since all the items were completed, Eng. Hajjar recommended that the remaining $750.00 be returned to Flemington Office Centre. A resolution was adopted later in the meeting.

POLICE STAFFING – Comm. Elbert said that Chief Tabasko is interviewing for the position vacated by Patrolman Apgar. The Police Chief will meet with the Committee at the next meeting to discuss staffing levels.

NEW NON-RENEWAL OF AMERICAN LEGION LIQUOR LICENSE – Clerk BUSINESS Sollena said that the American Legion Post 159 has requested that since they are no (Con’t) longer in business, they do not wish to renew the liquor license. A resolution was adopted later in the meeting.

STATE AID APPLICATION FOR CASE BOULEVARD/RIDGE ROAD AND DORY DILTS ROAD, SECTION II – Adm. Pietrefesa said that Eng. Hajjar is applying for State Aid for these two road projects. The Case Boulevard/Ridge Road application has a cost estimate of almost $700,000. Eng. Hajjar is requesting $400,000 in State Aid. The Dory Dilts Road, Section II project has an estimated cost of $700,000 of which Eng. Hajjar is requesting $500,000.

ORDINANCES: ORDINANCE #14-16

AN ORDINANCE ACCEPTING A BARGAIN AND SALE DEED FROM JOHNSON-AMRITT, LLC, FOR A PORTION OF BLOCK 27, LOT NOS. 30.01 AND 35.01 AS SHOWN ON THE TAX MAP OF THE TOWNSHIP OF RARITAN FOR A ROAD TO BE KNOWN AS FOSTER LANE.

Mayor O’Brien asked for a motion to introduce Ordinance #14-16 on first consideration, same to be published according to law with a public hearing and final adoption scheduled for the meeting of November 17, 2014 beginning at 7:00 p.m. at the Municipal Building, One Municipal Drive, Flemington, New Jersey at which time all interested persons will be heard.

Attorney Cruz said that the property owner, Bio Serve, made a request that the Township accept this portion of Foster Lane. All documents have been submitted by Attorney Dilts to make this conveyance to make this conveyance to the Township. This ordinance is to accept Foster Lane into the Township road system.

Motion was made by Comm. Antosiewicz and seconded by Comm. Mangin.

Roll Call Vote: Antosiewicz – yes Elbert – yes Gilbert – yes Mangin – yes O’Brien – yes

Motion carried.

ORDINANCES: ORDINANCE #14-17 (Con’t) AN ORDINANCE ACCEPTING DEED OF DEDICATION (RIGHT OF WAY), AND CONSERVATION EASEMENTS, FIRE SUPPRESSION EASEMENT AND LAND MAINTENANCE COVENANT FROM MILLENNIUM DEVELOPMENT LIMITED, LLC, FOR LOT 30 IN BLOCK 80 AS SHOWN ON THE TAX MAP OF THE TOWNSHIP OF RARITAN.

Attorney Cruz explained that this is for the solar facility located across from Copper Hill School which was approved by the Board of Adjustment. The Board of Adjustment included several conditions with respect as to how that facility would be controlled and maintained in the future including landscaping requirements. The applicant is also required to dedicate a portion of the road for a right-of-way. This ordinance accepts a deed of dedication, conservation easements, a fire suppression easement and land maintenance covenant. The ordinance also provides for a decommissioning guarantee from the parent company of the solar facility. The Board of Adjustment required that when the facility is no longer needed or the lease expires, that the solar panels be taken down. In this case, South Jersey Industries, the parent company, has personally guaranteed the removal of those panels up to $1 million of which the cost is estimated to be $650,000. There is adequate protection to the Township by South Jersey Industries.

Planner Sunyak commented that there is a large area that was identified by the Board of Adjustment as mature woodlands and it was important that this area be protected, preserved and put into an easement.

Motion was made by Comm. Mangin and seconded by Comm. Gilbert.

Motion carried.

ORDINANCES: (Con’t) ORDINANCE #14-18

AN ORDINANCE AUTHORIZING THE TOWNSHIP OF RARITAN TO PURCHASE BLOCK 43, LOT 3 FROM THEODORE KANGAS, JR., A/K/A TED KANGAS, AND LAUREL KERRUISH AND AUTHORIZING AN APPROPRIATION IN AN AMOUNT NOT TO EXCEED $282,850.00 FROM THE OPEN SPACE TRUST FUND.

Mayor O’Brien said that this is not costing the Township any money from the budget. The funds are coming from Green Acres, D & R Greenway and the New Jersey Conservation Foundation. Attorney Cruz said that this ordinance proposes to authorize the Township to acquire the Kangas property and to appropriate $282,850.00 from the Open Space Trust Fund and not from the budget.

Motion was made by Comm. Elbert and seconded by Comm. Gilbert.

Roll Call Vote: Antosiewicz – yes Elbert – yes Gilbert – yes Mangin – yes O’Brien – yes to the introduction, however, he felt that this was not the best use for open space funds. It is 42 acres with most of it being wetlands. He felt that $252,850 was too much to pay to prevent the

building of only two houses.

CORRES- a. League of Municipalities: (All Information is on File in the Clerk’s Office): PONDENCE October is Cyber Security Month; Prepping for Labor Negotiations; Public Health Information: Flu Season has Begun and Enterovoris hits New Jersey; Weekly Policy Update; League Presents Red Tape Review Group with Request List; Home Elevation contractors Registration; Grant Seminar Series Helps Municipal Officials Find Funding to Meet their Needs; Recommended Fire Station Precautions During Election; League Conference Sessions Vendors Solutions; How to Fin d Grants that Meet your Municipality’s Needs Webinar; Draft Resolution on Transportation Infrastructure Funding

9 Township Committee Meeting Minutes October 21, 2014 Available; Mayors’ Summit on Resilient Design; Concerns with Potential Recommendations of Pension and Benefit Study Commission; Prepping for CORRES- League of Municipalities: (Con’t) PONDENCE Labor Negotiations: Who Needs to be Involved, What’s Negotiable and the (Con’t) Expected Costs; “Jeans for Troops Drive” at work to Honor Veterans Day; Best Practices Worksheet due on October 17, 2014;

b. Comcast Information

c. 2014 Table of Equalized Valuations

d. International Walk to School Month – Mayor O’Brien said that this is designated for the month of October. Information is listed on the HART website.

e. NJ DEP re: Statewide Crackdown on Illegal Dumping in State Parks and Natural Lands and NJ Recycling Leaders Honored

f. World Prematurity Day on November 17, 2014

g. Township of Readington Ordinance re: Land Use

NON CONSENT AGENDA:

Attorney Cruz stepped down from the dais because of a conflict of interest regarding Stickel Properties.

Resolution #14-190 – Authorizing Execution of Settlement Agreement with Stickel Properties, LLC for Raritan Estates

Mayor O’Brien asked for a motion to adopt Resolution #14-190.

Motion was made by Comm. Mangin and seconded by Comm. Antosiewicz.

Motion carried.

NON-CONSENT AGENDA: (Con’t)

Resolution #14-191 – Authorizing the Release of Performance and Maintenance Bonds for Raritan Estates

Mayor O’Brien asked for a motion to adopt Resolution #14-191.

Motion was made by Comm. Mangin and seconded by Comm. Antosiewicz.

Motion carried.

Attorney Cruz returned after the vote on Resolution #14-190 and #14-191.

CONSENT All matters listed on the Consent Agenda are considered to be routine by the AGENDA Township Committee and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

Minutes: There were none

Resolutions:

Resolution #14-189 – Extending the Appointment of Acting Building Sub Code Official to November 21, 2014

Resolution #14-192 – Approval to Submit a Grant Application and Execute a Grant Agreement with the New Jersey Department of Transportation for the Case Boulevard and Ridge Road Project

Resolution #14-193 – Approval to Submit a Grant Application and Execute a Grant Agreement with the New Jersey Department of Transportation for the Dory Dilts Road, Section II Project

Resolution #14-194 – Return of Cash Performance Bond to Flemington Office Center (Paul Phillips Eye)

CONSENT Resolution #14-195 – Award of Bid for Leaf Vacuum to Old Dominion Brush AGENDA Company in the Amount of $41,941.00 (Con’t) Resolution #14-196 – Chapter 159 – Body Armor for Police - $3,199.24

Resolution #14-197 – Corrective Action Plan for 2013 Audit

Resolution #14-200 – Non-Renewal of Liquor License for American Legion Post #159

Mayor O’Brien asks for a motion to adopt the Consent Agenda.

Motion was made by Comm. Antosiewicz and seconded by Comm. Mangin

Motion carried.

PRIVILEGE Anyone may address the Committee on any issue for three (3) minutes OF THE FLOOR *** Barbara Sachau, 2 Glenway Drive, asked about the open space use by a Farmer on the Urbach property. She felt that when the taxpayers vote for open space, the intent is to save nature including trees and animals. She felt that this farmer is getting a great deal by paying only $50 per year. She thought that this was hurting the intention of what open space is supposed to be used for. She also felt that since the farmer has crops on the open space land, the public cannot walk on it or utilize it. She mentioned that besides parking issues at Hunterdon Central High School, Polytech also has issues on the parking situation as well.

Mayor O’Brien said he will mention this to the Hunterdon County Freeholders. He said that the Township should indeed be very careful about the way open space dollars are spent. Roughly one third of the current Township debt is from open space projects that are being paid off. The farmer of this particular land maintains the property for the Township. The Township should make sure that land that it purchases for open space will add value to the Township and can be used for parks and trails.

PRIVILEGE *** Mrs. Sachau said that it is very important to keep nature in its natural state. OF THE FLOOR Attorney Cruz said that there were no public funds utilized to purchase this property. (Con’t) Secondly, this piece of property that is being farmed is underneath power lines. That area is a flat piece of land. The Township did not spend any public funds or open space funds and it is consistent with the requirements of maintaining the right-of-way underneath power lines.

Attorney Cruz read Resolution #14-199 in full as amended.

Resolution #14-199 – CLOSED SESSION: Personnel: 2015 Appointment – Municipal Court Judge; Finance Committee; Admnistrator/Chief Financial Officer - Performance Evaluation and Position

Mayor O’Brien asked for a motion to adopt Resolution #14-199 as amended.

Motion was made by Comm. Elbert and seconded by Comm. Gilbert.

Vote: 5 – 0 motion carried.

CLOSED Closed Session Minutes are on a separate document. SESSION

OPEN The Committee went back into Open Session at 10:11 p.m. . SESSION

ADJOURN- Mayor O’Brien asked for a motion to adjourn the meeting a. MENT Motion was made by Comm. Mangin and seconded by Comm. Gilbert.

Vote: 5 – 0 motion carried.

Meeting adjourned at: 10:13 p.m.

Respectfully submitted,

Rose Sollena, RMC/CMC Township Clerk