DELAWARE TOWNSHIP COMMITTEE MINUTES May 30, :00 P.M.

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1 DELAWARE TOWNSHIP COMMITTEE MINUTES May 30, :00 P.M. Mayor Charles Herman called the regular meeting of the Delaware Township Committee to order on May 30, 2017 at 7:00 p.m., at the Delaware Township Municipal Building, 570 Rosemont Ringoes Road (County Route 604) in Sergeantsville, New Jersey. PLEDGE OF ALLEGIANCE All present recited the Pledge of Allegiance. NOTICE REQUIREMENTS Mayor Herman read a statement noting the Notice Requirements provided for in the Open Public Meetings Act have been satisfied. Notice of this meeting was properly given by transmission to the Hunterdon County Democrat, Trenton Times, Courier News, and Star Ledger, by posting at the Delaware Township Municipal Building, and by filing with the Township Clerk all on January 4, ROLL CALL Present: Susan Lockwood, Alan Johnson, Samuel Thompson, Joe Vocke, Charles Herman APPROVAL OF MINUTES FROM MAY 8, 2017 REGULAR MEETING Mrs. Lockwood motioned to approve the minutes from the regular meeting of May 8, Mr. Thompson seconded the motion. Roll Call Vote: Ayes Lockwood, Johnson, Thompson, Vocke, Herman Nays and abstain: None PUBLIC COMMENTS SESSION I (ON AGENDA ITEMS ONLY) No Public Comment ORDINANCE# AN ORDINANCE OF THE TOWNSHIP OF DELAWARE AUTHORIZING THE ACQUISITION BY GIFT OF PROPERTY IDENTIFIED AS BLOCK 30, LOT 18, SOMETIMES REFERRED TO AS THE WESCOTT HOUSE, LOCATED ON 82 RAVEN ROCK ROAD, DELAWARE TOWNSHIP- SECOND READING DELAWARE TOWNSHIP ORDINANCE # AN ORDINANCE OF THE TOWNSHIP OF DELAWARE AUTHORIZING THE ACQUISITION BY GIFT OF PROPERTY IDENTIFIED AS BLOCK 30, LOT 18, SOMETIMES REFERRED TO AS THE WESCOTT HOUSE, LOCATED ON 82 RAVEN ROCK ROAD, DELAWARE TOWNSHIP BE IT ORDAINED by the Township Committee of the Township of Delaware in Hunterdon County as follows: Section 1. Findings. The Township Committee hereby makes the following findings: A. The County of Hunterdon is the owner (the County ) of certain real property known as Block 30 Lot 18 (Delaware Township Tax Maps, rev. 2017), sometimes referred to as the Wescott House, located on 82 Raven Rock Road and comprising an old schoolhouse situated on /- acres (the Property ). Page 1

2 B. In order to preserve and protect the Property, and for a consideration of one dollar ($1.00), the County wishes to convey the Property to the Township of Delaware (the Township ) for recreation and conservation purposes, subject to compliance with regulations promulgated by the New Jersey Department of Environmental Projection, Division of Green Acres, specifically N.J.A.C. 7: , pertaining to the administrative transfer of unfunded parkland. C. It is in the interests of the health and welfare of the Township s residents to acquire the Property and accept the convenience thereof by the County for recreation and conservation purposes. Section 2. Acquisition of Property Authorized. In accordance with N.J.S.A. 40A:12-5, the acquisition of the Property for recreation and conservation purposes for the aforesaid nominal consideration from the County is hereby authorized. The Mayor, Clerk, Township Attorney and other appropriate staff are authorized to close title on the Property and, in connection therewith, execute such documents including, but not limited to, agreements, affidavits of title, and closing statements as may be reasonably necessary for the acquisition of the Property. Section 3. Repealer. All ordinances and resolutions or parts thereof inconsistent with this ordinance are repealed. Section 4. Severability. If any section, paragraph, subsection, clause or provision of this ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged and the remainder of this ordinance shall be valid and enforceable. Section 5. Effective Date. This ordinance shall take effect upon final adoption and publication in accordance with law. ATTEST: Jodi McKinney Acting Township Clerk May 8, 2017 Charles Herman, Mayor (a) PLEASE TAKE NOTICE that the Delaware Township Committee approved the above ordinance on first reading at its regular meeting held on May It will be considered on second reading for final adoption and will have a public hearing at a regular meeting beginning at 7:30 p.m. on May 30, 2017 at the Delaware Township Hall, 570 Rosemont Ringoes Rd. (Rt. 604), Sergeantsville, NJ. At that time an opportunity will be given for all interested citizens to be heard. Mr. Johnson moved to open the public hearing on Ordinance # to the public, Mr. Thompson seconded the motion, and the members unanimously approved the motion. Mr. Johnson moved to close the public hearing on Ordinance # to the public, Mr. Thompson seconded the motion, and the members unanimously approved the motion. Mr. Thompson motioned to approve Ordinance # on second reading, and Mr. Johnson seconded the motion for second reading by roll call vote. Roll Call Vote: Ayes Johnson, Lockwood, Thompson, Vocke, Herman Nays and abstain None RESOLUTION # S & W REGISTERED MUNICIPAL CLERK DELAWARE TOWNSHIP Page 2

3 RESOLUTION # WHEREAS, the Township Committee of the Township of Delaware, Hunterdon County, New Jersey desires to amend Resolution # that set 2017 salaries for all Township employees not covered under collective bargaining agreements. NOW, THEREFORE, BE IT RESOLVED by the Delaware Township Committee that the 2017 annual salary for Jodi McKinney for the position of Registered Municipal Clerk is established as follows: CLERK OFFICE Registered Municipal Clerk/Registrar April 5, December 31, 2017 (Pro-rated) $ 58, ATTEST: Jodi McKinney, RMC Township Clerk May 30, 2017 Charles Herman, Mayor Mr. Thompson motioned to open Resolution # for discussion. Mrs. Lockwood seconded the motion, and members unanimously approved Resolution # by roll call vote. Mayor Herman on behalf of the Township Committee congratulated Mrs. McKinney on passing the State exam for the Registered Municipal Clerk Certification. Roll Call Vote: Ayes Lockwood, Johnson, Thompson, Vocke, Herman Nays and abstain None RESOLUTION # REDEMPTION B17 L18 SCHNEIDER F 2017 DELAWARE TOWNSHIP RESOLUTION # WHEREAS, the Delaware Township Tax Collector held a tax sale on June 9, 2015; and WHEREAS, at said sale Tax Sale Certificate # for property known as Block 17 Lot Sergeantsville Road, Assessed Owner: Schneider, Frank Jr. was sold to US Bank Cust for PC5 Sterling National, and WHEREAS, a request was made to redeem Tax Sale Certificate # ; and WHEREAS, payment has been received by the Tax Collector for redemption of Tax Sale Certificate # in the amount of $12,764.41; NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Delaware, County of Hunterdon, State of New Jersey, that the Chief Financial Officer be authorized to issue redemption monies in the amount of $12, to: US Bank Cust for PC5 Sterling National, 50 South 16 th Street Suite 2050, Philadelphia, PA 19102; BE IT FURTHER RESOLVED that a certified copy of this Resolution be provided to the Tax Collector and Chief Financial Officer. Page 3

4 ATTEST: Charles Herman, Mayor Jodi McKinney, RMC Township Clerk May 30, 2017 Danene L. Gooding, CTC Tax Collector CERTIFICATION I, Jodi McKinney, Clerk of the Township of Delaware, in the County of Hunterdon, New Jersey do hereby certify that the foregoing is correct and true copy of Resolution # adopted by the Township Committee of the Township of Delaware, in the County of Hunterdon, in the State of New Jersey on May 30, Jodi McKinney, RMC Township Clerk Mr. Johnson motioned to open Resolution # for discussion. Mr. Vocke seconded the motion, and members unanimously approved Resolution # by roll call vote. Roll Call Vote: Ayes Lockwood, Johnson, Thompson, Vocke, Herman Nays and abstain None RESOLUTION # PROHIBITING REAL ESTATE APPRAISER ACCESS BY PENNEAST PIPELINE COMPANY LLC DELAWARE TOWNSHIP RESOLUTION # RESOLUTION PROHIBITING REAL ESTATE APPRAISOR ACCESS BY PENNEAST PIPELINE COMPANY LLC WHEREAS, the PennEast Pipeline Company, L.L.C. ("Company") proposed to construct a 36" diameter natural gas pipeline within Delaware Township ( "Township" or "Delaware Township") and the Township has officially opposed the pipeline construction by Resolution # ; and WHEREAS, the Company has proposed two different pipeline routes through the Township which said proposed routes will cross preserved farmlands, open space, environmentally-constrained lands, Category One streams and tributaries, habitats of species protected by the Endangered Species Act, and properties of significant historic and cultural value; and WHEREAS, the Township in partnership with County, State, Federal and non-profit agencies have invested $15,414, in the preservation of 2,146 acres of open space and farmland with the understanding that said properties are to be preserved; and WHEREAS, the Township has significant interests in the Wichecheoke, Lockatong, and Rosemont Valley preserves in whose path the PennEast Pipeline is proposed; and WHEREAS, any disturbance of the aforementioned lands, species and historic sites by Assessor work is deemed as potentially harmful and could result in irreparable harm; and WHEREAS, on July 30, 2015 the New Jersey Conservation Foundation, a valued partner in the preservation of hundreds of acres of Township open space and farmland, issued a Page 4

5 declaration to "cease and desist unauthorized entry and survey activities" on New Jersey Conservation's properties in response to the "discovery that PennEast Real Estate Appraiser entered land owned by New Jersey Conservation Foundation and Hunterdon Land Trust" without the permission of the owners. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Delaware, in the County of Hunterdon, as follows: 1. Delaware Township hereby denies any and all Real Estate Appraisal access to PennEast Pipeline Company, L.L.C., including denying access to its employees, agents, servants, representatives, consultants and contractors on any and all Township-owned property. 2. Copies of this resolution be distributed to Governor Chris Christie, U.S. Senator Robert Menendez, U.S. Senator Cory Booker, Congressman Leonard Lance, Senator Christopher "Kip" Bateman, Assemblyman Andrew Zwicker, Assemblyman Jack M. Ciattarelli, the New Jersey Department of Environmental Protection, the New Jersey State Agricultural Development Commission, Hunterdon County Freeholders, Hunterdon County Agricultural Development Board, the New Jersey League of Municipalities, The New Jersey Conservation Foundation, the Sierra Club, the Delaware Riverkeeper Network, the Hunterdon Land Trust, the Delaware Township Citizens Against the PennEast Pipeline (DTCAP) and a copy posted on the Township web page for the benefit of its residents and for those affected communities in Hunterdon and Mercer counties in New Jersey as well as for those affected communities located within Luzerne, Carbon, Northampton, and Bucks Counties in Pennsylvania. 3. A copy of this Resolution shall be placed on file in the office of the Township Clerk. ATTEST: Jodi McKinney Township Clerk May 30, 2017 Charles Herman, Mayor CERTIFICATION I, Jodi McKinney, Clerk of the Township of Delaware, certify that the foregoing resolution was adopted by the Township Committee of the Township of Delaware at its meeting held on the 30th day May, Jodi McKinney, Clerk Mrs. Lockwood motioned to open Resolution # for discussion. Mr. Vocke seconded the motion, and members unanimously approved Resolution # by roll call vote. Mr. Thompson stated that this 2017 Resolution is an updated version that was passed in The Resolution states a number of reasons and conditions whythe Township opposes the PennEast pipeline project. Mr. Thompson stated that it denies the Penn East Real Estate Appraiser access to any and all Delaware Township owned property. Mr. Thompson stated that there was a concern about the last line in paragraph three which stated and undeveloped for no fewer than one hundred (100) years from the date said properties were preserved. Mr. Thompson requested that this part of the sentence can be removed and not included. Attorney Hadinger stated that she questioned why this stated 100 years and the resolution should reflect that the land is preserved. Page 5

6 Mr. Thompson stated that item two on the second page which denied access to properties in which Delaware Township has legal interest was a concern. Attorney Hadinger stated that if the Township owns the easement, the underlying fee is usually owned by a third party unless there is something in our easement that states the Township can deny access. Attorney Hadinger stated if this is not stated in the easement only the owner of the property can deny access. Mr. Thompson requested that item number two on page two be removed. Mrs. Lockwood stated that Assessor should be replaced with the word Appraiser. Mayor Herman asked to make a motion for Resolution # as amended. Mrs. Lockwood motioned to approve Resolution # as amended. Mr. Vocke seconded the motion as amended, and members unanimously approved Resolution # by roll call vote. Roll Call Vote: Ayes Lockwood, Johnson, Thompson, Vocke, Herman Nays and abstain None RESOLUTION # CONCERNING PENNEAST SURVEYING IN THE PUBLIC RIGHT-OF-WAY DELAWARE TOWNSHIP R E S O L U T I O N # RESOLUTION CONCERNING PENNEAST SURVEYING IN THE PUBLIC RIGHT-OF-WAY WHEREAS, Penn East Pipeline Company LLC (PennEast) proposes to construct a natural gas pipeline through Delaware Township and across Township-owned land, environmentally fragile areas, preserved open space, preserved farmland and private property; and WHEREAS, on September 29, 2014 and on August 10, 2015, the Delaware Township Committee adopted Resolutions # and # opposing the pipeline; and WHEREAS, on May 30, 2017, the Delaware Township Committee adopted Resolution # prohibiting PennEast from Real Estate Appraisal access on Township-owned lands and informed PennEast that Delaware Township does not consent to PennEast assessing Townshipowned properties; and WHEREAS, on September 24, 2015, PennEast filed a formal application with the Federal Energy Regulatory Commission (FERC) to construct the pipeline; and WHEREAS, on October 28, 2015, Delaware Township filed a Motion to Intervene in the FERC proceeding to oppose the construction of the pipeline; and WHEREAS, on October 9, 2015, counsel to PennEast sent a letter To Whom it May Concern stating his opinion that New Jersey Statute 46:11-1, entitled Right of Entry to Make Surveys in Certain Proceedings, gave PennEast surveyors the right to utilize the public right-ofway to perform surveys on behalf of the pipeline company; and WHEREAS, FERC has not granted PennEast a Certificate of Public Convenience and Necessity and unless or until it does there is no finding that the proposed pipeline is an authorized public improvement. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Delaware that it does not approve of PennEast real estate assessing activities in the public right-of-way. ATTEST: Charles Herman, Mayor Page 6

7 Jodi McKinney Township Clerk May 30, 2017 Mrs. Lockwood motioned to open Resolution # for discussion. Mr. Vocke seconded the motion, and members unanimously approved Resolution # by roll call vote. Mr. Thompson stated that this Resolution has been approved before in 2016 and that this is an update for Roll Call Vote: Ayes Lockwood, Johnson, Thompson, Vocke, Herman Nays and abstain None APPROVAL OF THE PIPELINE SUB-COMMITTEE COMMUNICATION TO RESIDENTS Mr. Thompson stated that the original communication that was created by the Pipeline Sub-Committee has been edited due to concerns about the language in certain areas of the letter. Attorney Hadinger made some suggestions and Mr. Thompson made the changes to the letter to make it more of a fact-sheet for the residents. Mr. Thompson stated that this is the same version from the Pipeline Sub-Committee minus any wording that could indicate the Township is giving legal advice or objective language. Mayor Herman asked if this letter will be included with the Resolutions being sent to the legislative officials. Mr. Thompson stated that the two Resolutions and this letter will be included in the packet that will go to the legislative officials. Mr. Thompson stated that the other change is in number two (2) under the title NJDEP and US Army Corps required approvals and that under the second paragraph the words grant them the right be removed and replaced with eminent domain be granted. Mr. Thompson stated that a source should be cited and Mr. Thompson will find the original letter that discusses these facts and this can then be cited as the source. Mr. Thompson stated that the trespassing procedure that will be discussed tonight will be included as an attachment to this letter and this letter and attachment will be mailed out to the Residents along the route of the proposed pipeline and the adjacent land owners to the proposed pipeline. Mr. Johnson stated that the list of property owners and adjacent property owners can be created by the Tax Assessor. Mr. Johnson stated that the initials of FERC, EIS, PE and NJDEP be spelled out in their entirety so that residents can understand what they stand for. Mr. Thompson read the following DRAFT letter (above and below edits were made): Dear Neighbor: The Delaware Township Committee is contacting you because you live in close proximity to the proposed route of the PennEast (PE) Pipeline. Much has happened with respect to the pipeline, and we wanted to share the at least the following steps with you. Environment Impact Statement (EIS) As you may have heard, Federal Energy Regulatory Commission (FERC) issued an Environmental Impact Statement for this project. This is the final step in the federal process before Federal Energy Regulatory Commission can grant a Certificate of Public Convenience and Necessity. Representatives from PennEast may have contacted you, suggesting that their project is a done deal in an attempt to encourage homeowners to grant them access and immediately sell them an easement. However, there are many more steps that PennEast must take in order to secure approval for their project. This may be a lengthy process and there is no guarantee that the permitting agencies will grant PennEast their necessary permits. 1. Federal Energy Regulatory Commission Approval Still Required: Federal Energy Regulatory Commission must have a quorum of 3 members to approve the project. As of today, they do not have enough members. In order for Federal Energy Regulatory Page 7

8 Commission to grant to PennEast their Certificate, new members of Federal Energy Regulatory Commission must be confirmed by the US Senate. 2. New Jersey Department Environmental Protection (NJDEP) and United States Army Corps Required Approvals If Federal Energy Regulatory Commission approves the project and grants the Certificate, PennEast must secure a Clean Water Act permit from New Jersey Department of Environmental Protection and from the Army Corps of Engineers. Both organizations deemed PennEast s applications incomplete because they did not own the land along the route. New Jersey Department of Environmental Protection further stated that PennEast does not have the authority to survey the pipeline route, because most of the affected landowners in New Jersey have denied access to PennEast. New Jersey Department of Environmental Protection has stated that in order to start the review of any PennEast permit application, it will require evidence that PennEast has legal authority over the land within the proposed route. PennEast cannot get this legal authority until Federal Energy Regulatory Commission approves the Certificate and eminent domain is granted, and, as previously stated, Federal Energy Regulatory Commission can t grant the Certificate until they have a quorum. Most New Jersey residents along the proposed path continue to deny access to PennEast. We know that PennEast is again, trying to gain access to residents properties. The enclosure from the Chief of Police describes how you can document and report trespassing activity on your property. The Township Committee is contacting our elected officials, especially Senators Menendez and Booker, to ask them to delay hearings on any new Federal Energy Regulatory Commission commissioner until Congress reviews Federal Energy Regulatory Commission s current method of evaluating pipeline projects. We continue to support our residents in opposition to this project because of the damage it would do to our land, water and quality of life. The Pipeline Subcommittee is reviewing the final Environmental Impact Statement to identify areas where Federal Energy Regulatory Commission ignored our comments. We continue to work with our elected officials at the State and Federal level to help us stop this unnecessary land grab by PennEast. The Delaware Township Committee would like thank you for working with us to protect our Township. * Sources recommended will be added as the Pipeline Sub-Committee finalizes the above letter Attorney Hadinger stated that the Township Committee is not advising homeowners what to do. This letter is to give an update on the PennEast Pipeline. Attorney Hadinger advised the Township Committee to edit the bottom paragraph one to state at least the following steps with you. Mrs. Lockwood stated that the Township Committee is not trying to tell the homeowners what to do but to advise them of where PennEast is in the process of approval. Mr. Thompson stated that if the Township Committee approves this letter with these changes and the Pipeline Sub-Committee decides to make additional edits, the Pipeline Sub-Committee will request to have Attorney Hadinger review the final letter before it is mailed out. Mayor Herman asked the Township Committee if they are approving the above letter with the suggested changes. Ayes Lockwood, Johnson, Thompson, Vocke, Herman Nays and abstain None PIPELINE SUB-COMMITTEE TRESPASSING UPDATE AND REVIEW OF TRESPASSING REPORTING PROCEDURE Mayor Herman stated that Chief Cane will review the procedure along with what rights homeowners/residents have when a person or people are unlawfully trespassing on their property. Page 8

9 DELAWARE TOWNSHIP POLICE DEPARTMENT P.O. BOX 101 SERGEANTSVILLE, NEW JERSEY FAX PHILLIP C. CANE CHIEF OF POLICE Chief Cane reviewed the following procedures: I. Guide to Posting Property Against Trespassing. A. Clear highly visible signage able to read NO TRESPASSING from a reasonable distance to give ample warning: 1. Name and Address of Property Owner 2. Block and Lot Number B. If you are standing at one sign, you should be able to clearly see a straight line of sight, without question, to the next sign. If not possible due to terrain, adjust accordingly. II. Guide to Reporting Trespassing Complaints A. In accordance with NJ State Statutes, if the trespasser is no longer on your property when the police arrive, and the police do not witness the trespasser physically on the property, the Property Owner must sign their own complaint at Municipal Court. B. If you believe you are witnessing active trespassing, best practice would be to call the police while surreptitiously observing the active trespassing until police arrive. This gives police the opportunity to engage the actor while he or she is actively trespassing. C. If the trespasser is no longer physically on the property, and the police are called, the police will utilize all legal means available at the time to identify the individuals. Police will remain within their legal boundaries at all times. All information obtained will be readily available for use at Municipal Court for signing a complaint. III. To sign your own complaint you MUST BE THE PROPERTY OWNER 1. Document the: a) Time b) Exact Location c) Name address d) Block and lot 2. Bring all items of evidential value to Municipal Court (address below) a) Pictures b) Videos East Amwell Municipal Court 1070 US-HWY 202, Ringoes, NJ Complete a Complaint Information Form 4. Complete a Certification in Support of Probable Cause 5. The judge will review only what you provide to him/her and determine if probable cause warrants service of the complaint and the continuation of the Criminal Justice System. If probable cause does not exist, you will be notified by mail. 6. If Probable Cause Exists, you along with the defendant will be notified and required to appear before the court Mayor Herman suggested that the Township Committee resend a reminder to PennEast that they must notify the Delaware Township Police Department and the Delaware Township Municipal Clerk when they are working in the area. PUBLIC COMMENTS SESSION II Jacqueline Evans, 112 Worman Road, stated that she dialed the 0911 number, and the dispatcher gave her a hard time about sending a police officer to her property. The dispatcher asked Ms. Page 9

10 Evans detailed questions and prolonged the time for the Police to arrive at the resident s property. Ms. Evans has ed a copy of a photo to the Delaware Township Police Department as evidence for the trespassing complaint. Chief Cane will contact the County Dispatch and get a copy of the recording of the initial call for the Police Department to review the recording. Mrs. Lockwood would like the Police Officer to advise the Homeowner about filing a complaint. Mrs. Lockwood stated that it seems that the homeowner is confused and thinks that when they file a report it is the same as filing a complaint. Chief Cane stated that this is a normal procedure, when there is a situation for which a complaint can be filed that the officer will state to the resident do you want to file a complaint. Ms. Kristen McCarthy, Brookville Hollow Road, asked if there is a statute of limitations on when a trespassing complaint can be filed. She knows that the Township has a Resolution prohibiting entry into the public right of way. What is the process being followed when the surveyor parks their vehicle on the road? Chief Cane stated that he believes the Statute of Limitations for filing a trespassing complaint is a year and that the Resolution that the Township Committee has for parking in the road is not legally enforceable but the State has statutes for obstruction of traffic and unsafe parking in the roadway. Ms. McCarthy stated that at one time the Committee had a policy that once the Township was notified that the surveyors were in the area, one of the Township Committee members would go out to the location and advise the surveyors of the Resolution requesting them not to be on Township property. Mayor Herman stated that this was not a policy and that the Township Committee member went out if available. Mayor Herman stated that if a Township Committee member is available we will go out to the location but please contact the Police Department first so that they have time to investigate the situation. Mr. Thompson asked that now that it is summertime and people will be away can a neighbor call if they see someone unlawfully trespassing? Chief Cane advised to contact the Police Department and a Police Officer will follow up on the situation and if a complaint needs to be filed, any follow up would have to be with the property owner. Ms. Lisa Suydam, 28 Sanford Road, stated that she has recently written a letter to NJDEP and she wanted to clarify to the residents how the survey instrument works that is on the side of the road. The instrument is set next to the road, a beam works with a satellite which connects with a GPS in the hand of the surveyor and then back to the instrument creating a triangular pattern. This system only needs one person in the field with the GPS system and can calculate as far as three miles away to a person in another location. Ms. Geri Siwulec, 70 Lambertville-Headquarters Road, stated that she already has five pipelines on her property at this time. There is an issue with the current pipeline and loud sounds are coming from the one Texas Eastern pipeline. Ms. Siwulec called everyone she could think of and no one could help. Ms. Siwulec was told to call the local Fire Department and they had no idea what to do. Ms. Siwulec stated that this is what happens after the pipeline is put in and there is no help and little communication between homeowner and the owner of the pipeline. Mayor Herman suggested that Ms. Siwulec contact the Pipeline Sub-Committee and the Committee work to try to find a solution for this potential dangerous or anomaly pipeline issue. Page 10

11 Ms. Siwulec stated that the pipeline company is digging up a large section of the pipeline in the Seabrook Road area. Ms. Siwulec stated that she will forward to the Pipeline Sub-Committee all the reports that she currently has copies of. Chief Cane suggested that Ms. Siwulec contact the Hunterdon County Emergency Management agency and seek help from this agency. Mr. John Bradley stated that the Township Committee has these Resolutions stating that they are not in favor of the PennEast Pipeline. Can the Police Department give the Resolution to the surveyors and tell them they are not allowed in Delaware Township? Attorney Hadinger stated that they can t state that because the Resolution only addresses trespassing on Township properties. Ms. Lisa Suydam asked if the Township Committee was aware of a fire drill that took place up the road from her house and since it is near the proposed pipeline, was this drill organized in case of a pipeline emergency? Ms. Carla Mackey, 60 Sanford Road, stated that the homeowner is related to one of the Stockton Fire Company Chiefs and that this was just a regular barn fire drill. Ms. Geri Siwulec asked what the homeowners rights are when a pipeline employee enters your property? Attorney Hadinger stated that it would depend on what was written in the document about the easements on this particular property. Mr. Vince DiBianca, 65 Brookville Hollow Road, stated the level of upset and anxiety of fear that the homeowners are having is extremely high. Mr. DiBianca stated that he wanted to thank the Township Committee and the Police Department for their continued support and that the Chief is encouraging the homeowner to call if they are having issues. Mr. DiBianca asked to make the Police Officers aware of the high level of upset and anxious residents. Ms. Carla Mackey asked for verification on what should be on the no trespassing signs for the residents to post on their property. Attorney Hadinger stated that the signs should have the property owners name, full address, block and lot. Ms. Carla Mackey stated that non-impacted pipeline residents reported that they were approached by people who were claiming that they were conducting bat surveys and they were looking for permission to enter these properties. Mrs. Lockwood stated that research has to be conducted within a ½ mile of the impact area and the researchers are looking for bat hibernaculum since most of the bats are on the endangered species list. Ms. Lisa Suydam advised the residents to write to NJDEP Bob Martin and Ruth Foster. Ms. Suydam stated that in her letter she wrote no to the bat surveys and that PennEast is missing 70% of the surveys needed to get approval for the pipeline. Ms. Suydam asked NJDEP to release a list of the properties that were currently surveyed so that this list can be compared to the list of property owners that said no to the surveys. Jacqueline Evans stated that the day before the incident with the surveyors on her property, her neighbor Rebecca Hoff asked the surveyors who they were and who they were working for and the surveyors stated they were working for the State. Ms. Hoff pushed the surveyors for more information and they eventually admitted they were working for PennEast. Ms. Evans stated that they are not being truthful when asked who they are and who they work for. Page 11

12 Mayor Herman stated that the Pipeline Sub-Committee will have to make residents aware and to make your neighbors aware of this deceitfulness. Chief Cane commented that they will lie to a civilian but they will not lie to a Police Officer because they will get charged with obstruction. QUESTION AND ANSWER SESSION WITH MS. MARY LYONS AND MR. RICK ROSEBERRY FOR BOND ORDINANCES INFORMATION Mr. Johnson stated that for several months the Finance Committee has been in discussions about the Capital projects that will be in need of financing. Mr. Johnson stated that questions have come up at the last Township Committee meeting about the roads and about the financing procedures. Mr. Johnson announced that Mr. Rick Roseberry is here to speak about the roads and Ms. Mary Lyons is in attendance to speak about the financing process. Mr. Roseberry stated that earlier this year a road evaluation was completed and the roads were ranked by priority in need of repair and condition. Mr. Roseberry stated Jurgensen, Sanford, Boars Head Roads and Whiskey Lane were listed as priority roads in need of repair. Mr. Roseberry stated that an estimate was created for road maintenance, road repairs, resurfacing, minor drainage repairs, and reestablishing ditches. Mr. Thompson asked about Sanford Road western section and asked what justified the addition of adding the eastern area that was not in need of a lot of work. Mr. Thompson asked what would be done to repair the eastern section that does not have as much repairs needed. Mr. Roseberry stated that if the Township Committee asked for the area to be reduced due to not enough in the budget then only the western section of the project would be completed. Mr. Roseberry stated that at this time we were looking at entire segments. Mr. Roseberry stated that the eastern section of the road would be mostly a resurfacing project. Mr. Roseberry stated that by completing the western and eastern section of this road the road would be deemed completed and be taken off the list. Mayor Herman asked if the drainage was part of this estimate. Mr. Roseberry stated that the large drainage is part of the estimate but if they get into the project and minor drainage is also needed the cost would come out of the contingencies. Mr. Thompson stated that this is the estimate that Mr. Roseberry is presenting and that this is not the amount the contractor will come back with. Mr. Thompson asked how long before the roads listed above would need repair again after these repairs are completed. Mr. Roseberry stated that these roads if maintained should last around twenty years. Mr. Johnson stated that Holland Township is comparable to the amount of roads Delaware Township has and Holland Township has $100, put away in the budget each year for maintenance on the roads. Mr. Johnson stated that after the repairs of these four roads the Township should only need to do a road repair every three years or more if the maintenance plan is followed and completed. Ms. Mary Lyons presented to and reviewed the following information with the Township Committee: Page 12

13 Mr. Thompson asked in 2022 how many years would these bonds be for? Ms. Lyons stated that these bonds by law are restricted to the statutory life of the project Mr. Thompson stated that if the Township finances half of the road work in 2017 would this mean that the Township only will be able to do half the road work in 2017? Ms. Lyons stated that this is not necessarily true and that the Township is borrowing its own cash to do this project but when you borrow the notes the Township will have to specify what the notes are being borrowed for and you spend that on the projects. Mr. Johnson stated that realistically the Township is looking at the end of July for the financing to take place and the Township will be running out of season. Mr. Johnson stated that one project might be able to be completed this year. Mr. Roseberry stated that these projects are better being bid in bulk. Mr. Roseberry stated that the work on Jurgensen Road could be separated out of the package for bid since it is a smaller project. Mr. Thompson stated that it would make more sense to do all three projects in Page 13

14 Mr. Roseberry stated that it is harder to get contractors to bid projects in Hunterdon County because the road projects are smaller and most contractors that are not in the immediate area do not want the expense of traveling back and forth to the project. Mr. Roseberry stated that the more bids would come in if the project is done as a bulk bid. Mayor Herman asked Mr. Roseberry for advice on two generators that were purchased through grants for the Township Building and the Delaware Township School. Mayor Herman explained that it was decided that the generators should go to the DPW building and the Fire Department. Mayor Herman stated a request from OEM Coordinator Bill Powell to have Mr. Roseberry evaluate what would be needed to connect these generators to both DPW and the Fire Department building. Mr. Roseberry will contact Mr. Powell and set up a date to complete an assessment of what will be needed to connect both of the generators to DPW and the Fire House. REVIEW OF MEETING DATES Review of the Meeting Dates was completed. Mayor Herman will reach out to the senior group to let them know that Delaware Township Schools music department will be performing on June 7, 2017 and if they are interested in listening to the concert. Mrs. Lockwood announced that the Planning Board will be having a meeting on June 6 th to complete a task for the Reimer Property sale. Mr. Thompson questioned the dates for both the July and August meetings since the Township Committee usually schedules only one meeting during these months. Mr. Johnson stated that July 10 th was chosen for the July meeting. PUBLIC COMMENTS SESSION III Mr. Tim Drew thanked the Township Committee for the road work that will be done on Jurgensen Road. Mr. Drew stated that it would be safer if the road work was completed where the current gravel is placed and not done at the end of the current road for safety reasons. Mr. Drew explained that this road goes farther than the last houses and might become a hangout spot where no one would be able to see what was going on at the end of this road. Mr. Drew reported that one third of the trees that line Jurgensen Road are dead. Mr. Drew asked if the developer is responsible for the replacement of these oak trees. Mr. Johnson stated that the Township accepted the road. Mrs. Lockwood stated that since the Township took over the road there probably would be no recourse. Mr. Drew stated that a rumor that the developer was responsible for two years and the two years will not be up until November. Mr. Johnson stated that he will speak with the Shade Tree Commission and Ms. Klink to see if they know what the Township will be able to do. FINAL COMMENTS OF THE TOWNSHIP COMMITTEE Committeewoman Lockwood reported the following: No report at this time. Committeeman Vocke reported the following: Page 14

15 No report at this time. Committeeman Thompson reported the following: No report at this time. Committeeman Johnson reported the following: 1. Mr. Johnson presented the Township Committee with the two bid proposal requests for the closet and tax security window. Mayor Herman asked where this format has come from since this is a new procedure that the Township has not used before. Mr. Johnson stated that this is the format that was created for the abandoned property cleaning and mowing project. Mr. Johnson stated that this form was created by Attorney Hadinger. Mayor Herman stated that this was created for that specific issue and that the Township Committee never agreed that this would be a new procedure for getting quotes on for projects. Mayor Herman stated that the one is for the closet which the Township is in midstream on and the closet was approved last year. Mayor Herman reported that the Township Committee already asked DPW to receive quotes for the closet and this looks like the Township Committee is taking two steps back in the process. Mr. Johnson stated that the request is for the quotes to be returned by June 9 th so that this can be approved by June 12 th. Mayor Herman stated that he does not know how this became a procedure without the Township Committees approval. Mr. Johnson stated that this is not a new process and that this is just formalizing a process. Mayor Herman stated that this is confusing to the employees that have already obtained quotes for the closet and now the procedure has changed and they need to redo the process once again. Mr. Thompson asked how the Township got quotes in the past. Mayor Herman stated that DPW gets the quote if under the bid threshold. Mr. Johnson stated that this process is more formalized with insurance, pay to play, etc. Mr. Johnson stated that he is not sure how this was handled in the past. Mayor Herman asked Mrs. Lockwood if she has ever seen this form be used in the past. Mrs. Lockwood stated that she has not seen this form before but that this is a way to formalize the process and when getting quotes by phone the Township is never sure what description and items were asked for. Mayor Herman stated that he is confused by Mr. Johnson s name being the contact person on the form for more information. Mayor Herman stated that Mr. Johnson is not licensed to receive bids. Mr. Johnson stated that Mrs. McKinney is listed as the person to receive the bids. Mayor Herman stated that it is clearly marked on top of the form to contact Alan Johnson. Page 15

16 Mr. Johnson stated that his name is there due to Mr. Izzo not being available on a regular basis to be the contact person for information. Mayor Herman asked if DPW was not the agency that has given the information and quotes in the past. Mr. Johnson stated if he was not available he would call Mr. Trstensky to meet up with the contractor who is preparing the quote. Mr. Johnson stated that Mr. Trstensky will be on vacation. Mayor Herman stated that the Township Committee already authorized the construction of the closet. Mr. Herman stated that this could be a fantastic process moving forward but that the closet quote has been received and this closet is moving forward. Mrs. Lockwood stated that when Mr. Trstensky received the quotes the information should be written down. Mrs. Lockwood stated that this is why this form could be a good thing. Mrs. Lockwood stated that does the Township Committee really know what the Township got a quote on. Mayor Herman stated that he does not disagree on a change in process but feels that as a Township Committee there is a need to agree to this change. Mr. Johnson asked Mayor Herman who quoted on the closet. Mayor Herman stated that he is not the Committee member for the DPW and that Mr. Johnson should know this information. Mayor Herman stated that he received a call from DPW stating that they were confused since this was approved and they moved ahead with the process for the closet. Mayor Herman stated that the Township Committee approved DPW to go out for quotes when the Township Committee voted to approve the closet. Mayor Herman stated that originally DPW was to construct the closet and then the Township Committee was informed that DPW could not construct the closet. Mayor Herman commented that DPW then called around for quotes and that DPW has done it this was for twenty years. Mr. Johnson stated that if the contractor is a reparable contractor they should be able to roll their quote into this form and fully comply with this process. Mr. Thompson asked if this new form had gone out. Mayor Herman stated that yes this had gone out unauthorized by Mr. Johnson. Mr. Johnson stated that this request for quotation went out on May 26, Mr. Johnson stated that he asked in December of 2016 for authorization to go out for a quote. Mayor Herman asked Mr. Johnson what he got authorization to quote on in December Mr. Johnson answered he received authorization to go out for quotes on the closet. Mr. Johnson stated that the safety partition had been discussed since the beginning of last year and the whole Township Committee acknowledged that there is a reason for the safety partition. Mayor Herman stated that not all of the Township Committee agreed on the need for the safety partition. Mr. Johnson stated that the mystery quote should comply with this request for quotation process; then the contractor will be qualified through the request for quotation process. Mayor Herman stated that he was informed that there was a quote for the closet last week. Mayor Herman clarified that he did not receive the quote DPW did. Mayor Herman reiterated that the Township Committee approved the closet and authorized for Page 16

17 quotes to be done. Mayor Herman stated that this does not just affect DPW and that if the Township wants to do anything in the Township that this new process will have to be followed. Mr. Johnson stated that last November the Township got quotes for the abandoned property using this specific format and this format was run by the Township Committee last year. Mayor Herman stated that this format was used for this specific issue. Mr. Johnson stated that this is the same format just a different project. Mayor Herman stated that this format was agreed upon in this specific situation and this was not approved to be used in all projects. Mr. Johnson suggested that the Township Committee authorizes this format and process tonight. Mayor Herman stated that before this motion can be done the Township Committee has to agree to change this process. Mr. Thompson asked what the process is currently and where do we have documented processes for anything. Mr. Thompson stated that he agrees that this should have come before the Township Committee before this was sent out. Mr. Thompson stated that this is a nice idea to have items documented in a process. Mr. Thompson stated that Mayor Herman did state that he likes the fact that someone took the time to create this document. Mayor Herman stated that it would have been nice to have the entire Township Committee involved but that the Township Committee has one decision maker creating this process. Mr. Thompson stated that the Township does not seem to have a process written down. Mayor Herman stated that this is exactly his point and that the Township Committee should have been part of writing a process. Mrs. Lockwood stated that there are two questions. 1. Does the Township Committee want a written process and for the quotes that have already been obtained? 2. Does the Township Committee have to redo the quote process? Mayor Herman stated that if the Attorney had approved this for the abandoned property project it would be advisable to have the Attorney review this for other situations. Mayor Herman stated that this form was used for a certain project and was made for the abandoned property project specifically. Mayor Herman stated the form requires a million dollar insurance policy, is this a State requirement that a contractor is required to have? Mayor Herman gave the example of the locksmith coming to change a lock. Is this contractor required to have a million dollars in insurance and is the Township limiting the field of who the Township can use? Mr. Johnson stated that if the contractor can t produce this amount of insurance then they should not be able to be considered for the job. Mr. Johnson stated that the level of insurance is the standard amount for auto insurance coverage so any small business man should cover this amount. Mayor Herman stated that this is fine but he feels that the Attorney should be looking at the requirements that are on this Request for Quotation form. Mr. Thompson asked if Mr. Trstensky has gone out to get quotes yet for the security partition. Page 17

18 Mr. Johnson stated that he is only aware of Mr. Trstensky getting quotes at this time for the closet. Mr. Thompson commented that in the interest of moving forward let the Township Committee set aside the closet and the Township Committee can discuss the new process at a future Township Committee meeting as far as setting up a quote for the security partition project. Mr. Thompson stated that the Township should have a discussion during the June 26, 2017 Township Committee meeting on the process for soliciting quotes. Mayor Herman agreed and stated that the Attorney can review this format and give an opinion for the process. Mayor Herman stated that he would feel more comfortable with having the Township CFO or DPW being the contact person for information since the Township Committee members are not certified or authorized to be giving out additional information to people. Mr. Johnson stated that the Township Committee is the ones who authorizes the staff on carrying out these requests. Mr. Thompson stated he agreed with Mayor Herman, that this is a point that should be part of the process discussion, and Mr. Johnson s name should be struck out and replaced with an employee that is accessible most of the time. Mr. Thompson stated that this can all be discussed on June 26 th where the Township Committee can agree on a format for quotes. Mayor Herman stated that this process should not be ed out to the employee in charge, that the Township employee be included in this process, and their opinion should be considered as well. Mr. Johnson stated that he has spoken to Mr. Trstensky about this format for Request for Quotations on the phone. Mayor Herman confirmed that the Township Committee would like to put the closet aside since this process is almost completed and before the Township Committee agrees for the security partition that the Township Committee agrees on the process for requesting the quotes. Mrs. Lockwood stated that she does not know the administrative process for quotes but that it would be nice to know that all the contractors bid on the same information and requirements for a project. Mayor Herman stated that the Township Committee also needs to agree on who is creating the specs for a specific project. 2. Mr. Johnson reported that the Board President of Delaware Township School contacted Mr. Johnson and is interested in setting up a meeting to discuss a joint Qualified Purchasing Agent for the Township. Mr. Vocke will contact the Board President and set up a meeting to discuss this joint agreement. 3. Mr. Johnson stated that an abandoned property is in need of additional clean up. Mr. Johnson asked the Township Committee if they would like to set up a regular mowing schedule for every six weeks. Mr. Johnson stated that prices are the same as last time and are good for a year. Mrs. Lockwood suggested having the abandoned property mowed for now and this will buy the Township Committee time to think about this issue. Mr. Johnson stated that he will have them mow the property for now and discussion of a regular schedule can be held at June 26, 2017 Township Committee Meeting. Page 18