TOWNSHIP OF CLINTON MAYOR AND COUNCIL October 28, :30 P.M. REGULAR MEETING. CALL TO ORDER: Flag Salute: Open Public Meetings Act Statement

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1 TOWNSHIP OF CLINTON MAYOR AND COUNCIL October 28, :30 P.M. REGULAR MEETING (The following matters were known at agenda deadline. Other matters may arise thereafter that need timely consideration or reaction.) CALL TO ORDER: Flag Salute: Open Public Meetings Act Statement ROLL CALL: EXECUTIVE SESSION JOINT WITH PLANNING BOARD Purpose: Review of settlement proposal in pending litigation entitled Joyce Dee Bradley Family LP et al v. Township of Clinton and Clinton Township Planning Board, Docket No. HNT-L , and discussion with the Township Attorney and Planning Board Attorney regarding the status of said litigation. Action may or may not be taken. SPECIAL HEARING: Highlands Master Plan OLD BUSINESS: 1. Sewer Authority NEW BUSINESS: PUBLIC COMMENT: REPORTS: Directors/Liaisons ACTION: RESOLUTIONS: 1. Approving active members of the Annandale Hose Co. No Authorizing a contractual grade advancement Patrolman Sean Ross 3. Authorizing a contractual grade advancement Patrolman Lawrence Anthes 4. Appointing Michael D. Wright as Acting Subcode Official for fire and plumbing in the event of vacation, sick time, or conflict on the part of the fire and plumbing subcode officials PUBLIC COMMENT: VOUCHERS: ADJOURNMENT: Version: 10/24/09, 12:29 PM

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18 Last printed 12/2/2009 9:02:00 AM (The following matters were known at agenda deadline. Other matters may arise thereafter that need timely consideration or reaction.) A. CALL TO ORDER B. FLAG SALUTE C. PUBLIC NOTICE AGENDA JOINT PUBLIC MEETING CLINTON TOWNSHIP PLANNING BOARD CLINTON TOWNSHIP MAYOR AND COUNCIL 6:30PM. December 2, 2009 PUBLIC SAFETY BUILDING 1370 Route 31N Annandale, N. J Council K. Cimei This is a special meeting of the Township Council of the Township of Clinton. I am informed by the Clerk that adequate public notice has been provided by mailing an 48 hour notice and by posting such notice on the bulletin board in the Municipal Building and by filing a copy of the notice in the Office of the Municipal Clerk. 2. Planning Board C. D Alleinne This is a special public meeting of the Planning Board of the Township of Clinton, County of Hunterdon and State of New Jersey. Adequate notice of this meeting has been given in accordance with the Open Public Meetings Act in that the notice of and agenda for this meeting was posted on the bulletin boards in the vestibule of the Municipal Building and outside the Planning and Zoning Office and faxed more than 48 hours prior to the meeting. D. FLAG SALUTE E. ROLL CALL Cimei Howard Apgar Krommenhoek Peck D Alleinne Higgins Brady Howard Cimei Simmons Sumner Sladicka Filak Mardini

19 Last printed 12/2/2009 9:02:00 AM F. EXECUTIVE SESSION Potential Settlement of Litigation entitled Bradley vs. Township of Clinton & Clinton Township Planning Board, Docket No. HNT-L G. PUBLIC SESSION Discussion of and action on the intent to conform to the Highlands Regional Master Plan H. ADJOURNMENT

20 Minutes of the Special Joint Meeting December 2, CLINTON TOWNSHIP MAYOR & COUNCIL AND THE PLANNING BOARD MINUTES OF SPECIAL JOINT MEETING http.clintontownshipnj.com PUBLIC MEETING DATE: December 2, 2009 PRESENT: (Mayor & Council) Kevin Cimei, Charles Howard, Dawn Apgar, Steve Krommenhoek and Spencer Peck. (Planning Board): Chris D Alleinne, John Higgins (7:01PM), Phil Sumner, Sharon Simmons (7:00PM), Kevin Cimei, John Sladicka (6:44PM), Charles Howard and Colleen Filak. PROFESSIONALS: Trishka Waterbury, Attorney, Marvin Joss, Administrator, Jon Drill, Attorney, Michael Sullivan, Planner and Rebecca D Alleinne, Administrator. ABSENT: Michael Brady and Sam Mardini. CALL TO ORDER Mayor Cimei called the meeting to order at 6:35PM. Chairman D Alleinne called the meeting to order at 6:36PM. PUBLIC NOTICE Mr. Cimei and Mr. D Alleinne read the Open Public Meetings statements into the record. Dawn Apgar moved and Steve Krommenhoek seconded a motion to deputize Rebecca D Alleinne to act on behalf of the Council as acting clerk. The Council concurred unanimously. EXECUTIVE SESSION Trishka Waterbury read the executive session resolution for the Council into the record. Dawn Apgar moved and Charles Howard seconded a motion to enter closed session. The Council members concurred unanimously. Jon Drill read the executive session resolution for the Planning Board into the record. Phil Sumner moved and Colleen Filak seconded a motion to enter closed session. The Planning Board members concurred unanimously. The Council and Planning Board entered closed session at 6:42PM.

21 Minutes of the Special Joint Meeting December 2, OPEN SESSION Mayor Cimei called the meeting to order at 8:04PM and Chairman D Alleinne called the meeting to order at 8:04PM. Township Planner Michael Sullivan introduced himself and explained about the location and size of the Highlands Region. He described this joint meeting as a follow-up to the joint meeting between the Planning Board and Township Council on October 28, and that some of the information from the previous meeting would be reviewed in addition to new discussions. He commented on the Highlands Water Protection and Planning Act, which was the legislation that created the Highlands Water Protection and Planning Council. He discussed the Highlands Regional Master Plan and noted that it was divided into two areas, the Preservation Area and the Planning Area. Mr. Sullivan displayed the Land Use Capability Map, noted that there were subzones and described the constraints in each. He discussed basic and full plan conformance and explained the difference. He indicated that the township was considering the basic conformance. Mr. Sullivan noted that there had been a number of meetings of the township Highlands Conformance Committee and listed the basic conformance Elements. He noted that the Highlands Conformance Committee agreed that there should be some revisions to the Land Use Capability Map. He discussed the Modules and commented on the build-out results, which would affect the housing plan. Mr. Sullivan compared the COAH projected growth share numbers with those of the Highlands. He noted that the anticipated obligation would be 216 units using COAH s build-out calculation versus 106 units under the Highlands build-out projections. He discussed the fact that the priorround affordable housing sites were exempt from the obligation calculations. Mr. Sullivan discussed the Highlands ERI and compared the maps. He commented on the Highlands Master Plan Element and compared it to the township s Master Plan. He identified some proposals for change which the Committee thought would be helpful for preserving municipal authority. Mr. Sullivan commented on the Highlands Land Use Ordinance, listing the restrictions and the proposed exclusions. He noted that the local ordinance may be more restrictive than the Highlands Master Plan. He discussed the self assessment and commented on the time schedule for submission. Mr. Sullivan noted that all of the elements are considered drafts until full plan conformance is granted by the Highlands Council. He listed the pros and cons of conformance. He commented that the Township Council would make the ultimate decision on whether or not to conform the master plan and land use ordinance with the Highlands Regional Master Plan and that the Planning Board would offer counsel to the Township Council in this respect, given their experience in such matters. He identified the next steps that are anticipated for the plan conformance process in the future and the time frame for response from the Highlands Council. Steve Krommenhoek asked about exemptions for signage and Michael Sullivan stated that the existing township sign ordinance would be in place. Dawn Apgar asked about Module 3, and Mr. Sullivan responded that the affordable housing plan numbers would be determined by the township. Mr. Sullivan commented that the actual growth that the township may incur could be the same as the Highlands projection and not what COAH projected. He did note that if the township decided not to opt in, that they would still have to use the COAH figure for planning purposes. Colleen Filak asked about

22 Minutes of the Special Joint Meeting December 2, reconciling the build out numbers and how many must be affordable. Kevin Cimei commented on the logic of the projections from COAH. Planner Marybeth Lonergan discussed the challenge of the COAH rules and projections, noting that statewide, there had been a net job loss, rather than a gain. She explained the build out calculations. Dawn Apgar asked about whether township was obligated to opt in to preservation area and Mr. Sullivan responded that, in his opinion, it is obligatory. Mr. Drill shared that opinion. There were no questions or comments from the public and Mayor Cimei closed the public comment period. Mayor Cimei thanked the members of the Highlands Committee for their hard work. Mayor Cimei commented that the Council would be the body that would ultimately vote on the issue. Spencer Peck read a statement into the record, noting that there was an outstanding issue of the state over-riding property owners rights. He noted that the state had not compensated the land owners and suggested that the funds come from a water tax. Mayor Cimei noted that he generally supported preserving water and open space, and understood the concerns and issues that Councilman Peck had raised, but recommended that the Council choose to stay with the Highlands process and adopt resolutions of intent to conform in the preservation area. Charles Howard stated that he was prepared to make the motion that the township adopt the resolution to submit a petition for plan conformance in the preservation area. Dawn Apgar stated that she considered many of Mr. Peck s points to be valid, but that it was a legal obligation to conform to the Preservation Area. Charles Howard moved and Steve Krommenhoek seconded a motion to submit a petition for plan conformance for the Preservation Area. Members in favor: Howard, Apgar, Krommenhoek and Cimei. Members opposed: Peck. Mayor Cimei stated that he would support the intent to file a petition for plan conformance in the planning area. Dawn Apgar stated that she supported the decision to continue the process, which would provide funding for the planning which needs to be done. Spencer Peck commented that property owners are giving up rights, noting that while he agreed with the intent, that the Highlands legislation was fundamentally wrong. Charles Howard moved and Steve Krommenhoek seconded a motion of intent to adopt a resolution of intent to conform in the Planning Area. Members in favor: Howard, Apgar, Krommenhoek and Cimei. Members opposed: Peck. ADJOURNMENT Spencer Peck moved and Steve Krommenhoek seconded a motion to adjourn on behalf of the Council. The motion passed unanimously, and the meeting was adjourned at 9:01PM. Sharon Simmons moved and Colleen Filak seconded a motion to adjourn on behalf of the Planning Board. The motion passed unanimously, and the meeting was adjourned at 9:01PM. These minutes were approved by the Planning Board on xxxxxxxx, These minutes were approved by the Council on xxxxxxx, Rebecca E. D Alleinne Administrator