The regular meeting of the East Amwell Township Committee was called to order at 7:30 p.m. Present were Mayor C. Larry Tatsch, Deputy Mayor Kathleen Machnik, and Committee members Richard Spiegel, Linda Lenox, and Patricia Cregar. Township Administrator Timothy Matheny was also in attendance.

In compliance with the Open Public Meetings Act, Municipal Clerk Teresa R. Stahl announced that this is a regularly scheduled meeting, pursuant to the resolution adopted on January 1, 2007, and a meeting notice published in the Hunterdon County Democrat issue of January 4, 2007. A copy of the agenda for this meeting was forwarded to the Hunterdon County Democrat, Times of Trenton, Star Ledger, Courier News, posted on the bulletin board, and filed in the Clerk's Office on September 25, 2007.

The meeting opened with the Pledge of Allegiance to the American Flag.

AGENDA REVIEW

Under Clawson Park, add the Historic Preservation Committee Request for Matching Grant Assistance for the Quick Collection to be housed at Clawson Park - see Hunterdon County Cultural & Heritage Commission Application

Under Standing Committee Reports, add Board of Health: Request for Resolution prepared with input from Attorney Cushing for Meszaros Property, for Submission with HSRDF application.

Under Correspondence, add: 9/26 NJ DOT Traffic Count on Route 31; 9/27 Clerk's Notes from Visit by NJ Dept. of Agriculture on Gypsy Moth Survey in Progress; Copy of Manuscript prepared by Dr. Fred Lathrop on Cemeteries in Hunterdon County.

ANNOUNCEMENTS

A. Brush Weeks will be held as follows: Zone 1 - Week of October 8; Zone 2 - Week of October 15; Zone 3 - Week of October 22. See website at www.eastamwelltownship.com or call 908:782-8536 x10 for details.

B. Smart Growth for Sourland Mountain Regional Meetings will include a meeting at the East Amwell Municipal Building on Monday, October 1, at 7:00 p.m. - Call Clerk for details.

C. Municipal Offices will be closed in observance of Columbus Day on October 8, 2007

D. There will be a meeting on October 15, 2007, at 7:00 p.m. at the Kirkpatrick Memorial Presbyterian Church of interested citizens to discuss traffic issues in the Village of Ringoes. The public is invited to participate. For further information, call “Joan” at 908:782-6627 or email Moyerslands@aol.com.

E. Hunterdon County Utilities Authority will hold an Electronic Collection Day on

SATURDAY, OCTOBER 27 from 9 a.m. - 1 p.m. and a Household Hazardous Waste Cleanup

Day on SATURDAY, NOVEMBER 10 from 9 a.m. - 1 p.m. at the County Complex. Call 908:788-1110 or email hcua@co.hunterdon.nj.us for details.

APPROVAL OF MINUTES

September 13, 2007, Executive Minutes (Interview of Deputy Clerk) were approved on a motion by Mr. Spiegel, seconded by Ms. Machnik, and carried unanimously.

September 13, 2007, Regular Minutes were approved on a motion by Mrs. Cregar, seconded by Mr. Spiegel, and carried unanimously with the following corrections: page 5, third paragraph from end, 3rd sentence, change name from Attorney “Bianco" to "DiBianca"; page 8, last paragraph, line 6, change "complaint" to "nuisance" and line 7, change "complaint" to "issue"; page 9, under Roads, Snydertown Road, last sentence, change "accomplished" to "being accepted under contract to be performed."

September 13, 2007, Executive Minutes (Land Acquisition, Litigation, and Attorney Advice) were approved on a motion by Mr. Spiegel, seconded by Mrs. Cregar, and carried unanimously.

OPEN TO THE PUBLIC (for Comments from the Public for Items Not on the Agenda)

Tracy Carluccio, 81 North Hill Road, spoke about the development of the Wawa at Route 579 and Route 31, stating that East Amwell’s concerns were brought to the attention of the West Amwell Mayor several years ago. She stated that the project is moving ahead without local review by the Board of Health or other entity. She commented on the possibility of having the East Amwell Stormwater Committee look at the plans and site with respect to drainage into the headwaters of Amwell Lake. The Stormwater Management Plan encourages protection of Amwell Lake, and it is part of the Regional Stormwater Management Plan also, with the possibility of applying for future state funding for restoration. Ms. Carluccio felt that it would be important to review West Amwell Township's plans to determine how the development site will affect our stormwater plans and prevent possible erosion impact. Ms. Carluccio just found out about a hearing scheduled in West Amwell on October 16, and she would like to have the Township Committee's approval to review the plans, prepare a report for the East Amwell Township Ad Hoc Stormwater Committee to review, and to report back to the governing body.

Comments were exchanged between Mr. Spiegel and Ms. Carluccio regarding discussions about traffic issues in that location, and whether there were stormwater management plans when the preliminary development plans were prepared in 2004. Ms. Carluccio stated that it would be important to review the files at this time. Mr. Tatsch stated that it was the consensus of the governing body that they support the review of the Wawa plans by Stormwater Committee member Tracy Carluccio, and to let the Township Committee know the results. A resolution may be considered at a future meeting.

Frances Gavigan, 123 Wertsville Road, commented on her involvement in discussions with (Hunterdon County Democrat reporter) Lillie Dorchak about the development of the site. She attended the September 12, 2007 West Amwell Planning Board meeting, and traffic issues were being carried over until the October meeting. Ms. Gavigan provided significant information, including the following highlights: John Glynn from the Hunterdon County Engineering/Road Department provided input on the state road; she provided specifics about the lot development including ten pump stations perpendicular to Route 31, driveway exits on Route 579, no parking of large trucks on road, retention basin construction for stormwater on the edge of Route 579 and the front of Route 31, and drainage into drains on the state highway under the road, traversing across Route 31 to the autobody lot and eventually into Amwell Lake. She was instrumental in raising the concerns of the East Amwell Township Stormwater Management Committee.

Ms. Gavigan continued by stating that she will attend the future meetings about this development. She also commented on another Wawa being considered for the Flemington area, and the momentum for building "super Wawas." She commented on "unique characteristics … soil in conflict….recharge of aquifer without permeable soils…mosquito ponds…" and potential for other problems. Ms. Gavigan concluded that there were potential problems with intersection safety and a potential spill problem if power-washing of the lot was considered (e.g., oils from tractor trailers, horse trailers, etc.). She commented on the possibility of accidents in trying to maneuver larger vehicles on the site, providing facts about a recent accident she witnessed in the vicinity. She concluded that with deliveries, vehicles in and out, design, and drainage issues, there may be a unique risk to East Amwell Township and Amwell Lake.

Andrea Bonette, 17 Ridge Road, commented on a developing pattern of one or two people who try to discredit what she has said during Open to the Public sessions; she commented on what she may have said and what others may have reported that she said. Mrs. Bonette commented on a misquote in the community newspaper last month. She stated that if it happened again, she reserved her right to protest. Mrs. Bonette asked that the Committee listen carefully to everyone, which she was sure was the case.

Mrs. Bonette commented on the large attendance at the last meeting; at that time she stated that she would reserve some questions until the end of the meeting. She mentioned the item on this evening’s agenda concerning the corrective action after the audit, and she asked the governing body to consider opening the meeting to the public when this item was discussed.

Motion by Mr. Speigel, seconded by Ms. Lenox, and it was carried unanimously to close to the public.

INTRODUCTION OF ORDINANCES/PUBLIC HEARINGS - None at this time.

SPECIAL DISCUSSIONS

2006 CORRECTIVE ACTION PLAN: Treasurer Luhrs provided her 9/17/07 Corrective Action Plan, which was accepted by the governing body. Mrs. Luhrs is currently away at training to keep up her continuing education credits. Mr. Matheny explained that there are new requirements placed on the Certified Finance Officer (CFO), and Mrs. Luhrs is working on meeting the requirements. Mrs. Luhrs will be asked to take on work that was previously done by the Township Auditor; new regulations prevent the Auditor from reviewing his/her own work. The review can either be done by hiring an outside consultant, or the Treasurer could develop a plan to do the review. Mr. Matheny stated that this work is not a requirement for Mrs. Luhrs, and he asked that the governing body publicly discuss additional training classes for the work done “above and beyond” Mrs. Luhrs’ regular work.

Mr. Tatsch spoke with Mrs. Luhrs, and she will be developing a financial report, which was previously prepared by the Auditor. Mr. Tatsch commented on either getting another consultant to do the work or if Mrs. Luhrs is willing, it may be more cost effective to have her do it, and he supported her training.

Ms. Machnik agreed that if training is necessary, and the task involves extra work for the CFO, which is not in her job description, if she is willing, the CFO should be trained for the work. Other Committee members agreed that the additional training was a benefit to all.

Mr. Tatsch reminded the governing body that the Auditor brought up these same concerns at his presentation earlier in the year, i.e., changes in regulations, which are affecting all municipalities.

SPECIAL COMMITTEE REPORTS

CLAWSON PARK:

1) Assignment of Ad Hoc Committee Members (See 9/13/07 minutes for background): Mr. Tatsch explained that the Friends of Clawson Park group did a lot of great work, but the group has disbanded at this point. Mrs. Cregar has volunteered to work on the ad hoc committee discussed at the last meeting. Additional names of interested parties include the following: Peg Sullivan, Will Harrison, Barbara Golda, Terry Welsh, and Mike Soklaski. A recommendation was made to ask Jack Balint if he would be interested in assisting also; Mr. Balint was in the audience this evening. All were in agreement that these people should be contacted to see if they are interested in serving.

2) Grant Application Update: Architect Terry Golda was present during this discussion. Mr. Tatsch spoke about the recent site visit he attended with Mr. Matheny, Terry Golda, a representative from NJ Historic Trust (for the record, Karl Mittinger), and the Clerk. The intent was to have a site visit prior to applying for emergency funding. In condensed form, if work was to be done using the funding, it could not be done prior to procurement of the funds; the decision process would not take place until December, although applications would have to be submitted before hand; successful grant funding could not be guaranteed; the grant would only be for one half of the anticipated costs, i.e., $5,600; there is an immediate need to secure the dwelling since the rear portion of the house is collapsing the water pipe running to the park, which may cause more damage; Mr. Tatsch asked the Township Committee members for a decision on whether or not to hold up on stabilization to try to obtain the grant, or go forth with stabilization at this time.

Mr. Golda stated that he spoke with Dan Saunders at the State Historic Preservation Office, and permission must be obtained to go forth with the stabilization. He has the necessary paperwork, which requires submissions of drawings and photographs; he stated the urgency of the application. Mr. Matheny added the concern of any work being done in terms of temporarily jacking the house up off the waterline in the event the house may fall down.

Mr. Tatsch felt that the consensus of the governing body was to move ahead on stabilization and not wait for the emergency grant. A formal motion was requested from the Clerk since a motion was made at a previous meeting to apply for the funds.

Motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously to go forth with the stabilization without waiting for grant funding, based on the current conditions.

3) Hunterdon County Cultural & Heritage Grant: Resident Frances Gavigan provided information to the municipality earlier this week about a special projects grant, which was available through Hunterdon County; the application deadline is Friday, September 28, at 3 p.m. Historic Preservation Chairwoman Kathy Cannelongo will apply for funding to work on the Quick Collection to be stored at the Clawson House. The application provided to the Clerk today indicated that this was a matching grant application, and she contacted Treasurer Luhrs for advice. Treasurer Luhrs stated that the governing body could indicate that they may be willing to commit matching funds in next year's budget since the grant period is October 1, 2007 through the end of 2008. Some discussion took place on budget considerations. Mr. Tatsch concluded that it was too early to commit funds, although there was a concensus of opinion to do the work and perhaps a few thousand dollars could be put in the budget next year as a match. The Clerk also advised that a phone call to the Heritage and Cultural Commission indicated that matching in-kind funding was also a possibility. He spoke about Historic Preservation members looking into grant funding, and the governing body commended both Frances Gavigan and Kathy Cannelongo for their quick action.

STANDING COMMITTEE REPORTS

FARMLAND/OPEN SPACE PRESERVATION COMMITTEE: No matters were considered.

PLANNING BOARD:

1) Resolution of Appreciation for Emmerson Bowes: Mr. Tatsch commented on Mr. Bowes' continued service on the Planning Board for years, noting that he was resigning because of serious illness. His resignation was accepted with regret at the last meeting.

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RESOLUTION #139-07

WHEREAS, the Township of East Amwell, a rural community in the County of Hunterdon, State of New Jersey, has a strong commitment to the preservation of land and the protection of its environment, which has been demonstrated by the efforts of the leadership of the municipality; and

WHEREAS, the governing body depends upon the commitment of volunteers who share the vision of the Township leadership by appointing committee and board members who will serve and carry forward this vision; and

WHEREAS, in 1998, Emmerson Bowes was appointed as a member of the Environmental Commission, serving on the Commission until 2000, and serving on the Recycling Committee in 1999 and 2000; and

WHEREAS, Emmerson Bowes was subsequently appointed to the East Amwell Township Planning Board in 2000, serving continuously since that time, providing strong leadership in the community by steering the development of East Amwell Township in preserving, protecting and enhancing the natural and cultural resources and promoting a sustainable future for the Township and region, as outlined in the Master Plan; and

WHEREAS, during Emmerson Bowes tenure on the Planning Board, he, with fellow Board members, has been instrumental in protecting the region’s precious resources in numerous ways, including refining zoning changes in the Sourland Mountain District, continuing development protections in the Amwell Valley Agricultural District and all other Districts of the Township, participating on the Stormwater Management Ad Hoc Committee geared toward watershed protection, assisting with Smart Growth project development with multi-jurisdictional agencies, assisting with continued forest cover and habitat protection efforts involving tree harvesting ordinances and forestland protection, to name only a few examples; and

WHEREAS, Emmerson Bowes has tendered his letter of resignation on September 12, 2007, citing personal reasons for this decision;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of East Amwell that, on behalf of the governing body, the staff, volunteers, and residents of East Amwell Township that Emmerson Bowes is now hereby recognized for his years of continued service with gratefulness and appreciation; and

BE IT FURTHER RESOLVED that Emmerson Bowes be granted all best wishes for years to come!

By Order of the Township Committee,

__________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously.

Ms. Machnik commented on serving with Mr. Bowes on the Planning Board and the Stormwater Management Committee, and he "is really missed already." Committee members agreed that Mr. Bowes "has done a lot for this town."

(Other items under Standing Committees, 2007 Appointment Status and Resolution for Meszaros Property took place later in the meeting.)

UNFINISHED BUSINESS

ROADS:

1) Request for Purchase of Snow Plow: Mr. Matheny commented on Department of Public Works Superintendent Howell's request to purchase an angle plow before the snow season descends; there is funding in the budget if approved. Some discussion took place, and Mr. Spiegel asked which truck would be equipped with the plow. He also questioned whether this would mean each worker would have a truck with plow, and how would this affect the hiring of additional workers during snowstorms.

All were in agreement that Mr. Howell should prepare factual information to present at the next Township Committee meeting, including equipment needs and matching up trucks, plows, and personnel. He should also be prepared to provide his plans for snow and ice coverage, including salt material applications. He may be able to provide information on up-coming budget requests also. Having factual information, including the rationale for the amount of time saves with the additional utilization of the new plow, is also an important factor to consider.

2) Update on Orchard Road: Resident Joe Sowsian was in the audience during this discussion. Mr. Matheny stated that he was on Orchard Road with Mr. Howell today, and Mr. Howell agreed that making the ditches bigger would help to keep the soil from eroding off the fields. Mr. Howell has spoken with the engineer, and he is aware of the work that needs to be done; while not on the priority list, he knows it must be done before it freezes.

Mr. Spiegel commented on the property being a preserved farm, losing topsoil. He stated that Mr. Sowsian has appeared before the Planning Board and the Township Committee, and he noted that it is still the hurricane season. Mr. Spiegel recommended that discussions be held with the property owner, who is a farmer and more qualified to know what problems exist. Comments were made about a drainage problem on the back of the property, which is on private land.

Mr. Sowsian commented on topsoil be lost from his land, and running across the road.

Committee members agreed that the first step would be for Mr. Howell to meet with the property owner. Mr. Howell will be asked to report his findings to the Township Committee at the next meeting on October 11.

TOWNSHIP ADMINISTRATOR'S UPDATE

1) Resignation of John David Ware: Mr. Ware's September 17 letter of resignation was acknowledged. Motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously to accept the resignation.

2) 9/20/07 Staff Meeting Update: Mr. Matheny reminded the governing body that they previously supported the idea of having the seasonal holiday party off-site. The intent is to close the office around 12:00 or 12:30 p.m. and have the party at the Union Hotel in Flemington. Mr. Matheny's impression is that the office staff appreciates the opportunity to do this, and the event has been celebrated annually. Mr. Tatsch commented on last year's event.

3) Municipal Building Plans: Mr. Matheny commented on the last set of plans provided by the Architect, which were reviewed by staff members. The members revised the last drawings, providing great feedback and good input.

Mr. Tatsch and Mr. Matheny agreed about the importance of getting architectural advice on the renovation.

4) Stray Cats Update: The Clerk mentioned a recent visit from a Hopewell Veterinary Group veterinarian; the veterinarian agreed with the philosophy of holding strays/feral cats for a seven day period before euthanasia is considered, and this can be expensive. She also agreed that only a certain percentage could be adopted out. Mr. Matheny commented on Raritan Township's policy of charging the property owner one half of this expense for strays. The Clerk's Office did contact Tabby's Place for information on where they send strays; they provided some contact names. There was no information yet from the Save Our Strays group.

Mr. Tatsch saw two issues: feral or wild cats who care for themselves but stay near properties where they may be fed; and stray or abandoned pets who are left on other properties. He saw the bigger issue being stray cats and dogs, which are health and humane issues. He did not see a critical situation with feral cats. As a first step, he recommended putting some of the names of rescue organizations on the website.

The governing body concluded that if there was no health and welfare issue, it would be the home owners' responsibility to handle the cats. The municipality will provide as much information as they can on rescue organizations to contact.

5) Solicitation Ordinance: Mr. Matheny commented on acquiring sample ordinances from other municipalities and numerous policies to consider. He explained that some permits are used for simple identification, while some require fingerprinting, which could be a 6 - 8 week process, and in effect, solicitors would be shut down. Mr. Matheny continued by stating that without the level of investigation, the municipality may be permitting solicitors who may pose a danger. He asked for guidance from the governing body on how they viewed the ordinance.

Mr. Tatsch had asked the Clerk to see how other municipalities without police departments handle their solicitors, commenting on the possible length of time it may take for law enforcement to respond to complaints. Kingwood State Police did provide the Milford Borough ordinance as a sample. Mr. Matheny explained that enforcement would be minimal, i.e., the officers would respond to complaints, ask if the solicitor was licensed, and if not, they would be asked to leave. Mr. Matheny stated that the liability issue would be the problem.

Mr. Tatsch noted that there were only a few complaints from members of the public about solicitors, and he asked about input from the residents. The issue is whether the ordinance would act as a barrier or a valid method to permit solicitors. Mr. Matheny suggested appointing a member of the governing body to work with him on the matter.

Ms. Machnik commented on the expectations of the public that solicitors may have been checked if they were issued a permit from the municipality. Ms. Machnik agreed to work on the ordinance with Mr. Matheny.

The Clerk mentioned one consistent passage in most municipal ordinances; residents should be encouraged to place "no soliciting" signs on their property.

6) Clawson Park Signs: Mr. Matheny received some sample signs from Pendergrast Signs in Whitehouse, and he distributed the samples to the governing body for comment. Committee members agreed that they preferred the sample shown in green, which read Clawson Park in bold and East Amwell Township in smaller letters.

7) Deputy Clerk Update: Carolyn Fritsch started her position as Deputy Clerk on a varied schedule, and she will begin her regular part time hours on Monday, October 1. Mr. Matheny stated that she will continue her other position in Readington Township at this time.

RESOLUTION TO ENTER EXECUTIVE SESSION - This item will be tabled until after Open to the Public.

2007 LIASION RESPONSIBILITIES: Mr. Tatsch stated that he added this item to the agenda for the benefit of Mrs. Cregar, and his original January 24, 2007 memo on Township Committee Liaisons was provided to all as a guidance document. Mr. Tatsch explained that he took a training course in New Brunswick in February 2007, which confirmed these statements; the liaison position is not a legal position and does not allow liaisons to direct employees to do something.

Mr. Tatsch read the third paragraph of his memo, “The Personnel Liaison is encouraged to keep appraised of the functioning of his/her employee’s department. The Personnel Liaison may be asked to assist in case mediation between an employee and the Township Administrator becomes necessary. The Liaison and employee are certainly free to discuss any issues that arise. However, all requests by Liaisons for changes to employees’ assigned duties, addition of tasks, and other work changes must be channeled through Tim Matheny, who is responsible for ensuring smooth workflow and staffing allocation.” As an example, Mr. Tatsch stated as Department of Public Works Liaison, Mr. Spiegel would be able to discuss resurfacing of roads not getting done quickly enough; however, he should make Mr. Matheny aware of his concerns, and Mr. Matheny and Mr. Howell would work on scheduling.

There were no further questions or discussions on the topic.

NEW BUSINESS

REGIONAL STORMWATER MANAGEMENT GRANT #RP04-084 FOR SOURLAND MOUNTAINS - REQUEST FOR EXTENSION The Clerk explained that an extension for the grant application was sent to the New Jersey Department of Environmental Protection (NJ DEP), and a resolution ratifying approval of the letter was required this evening. The grant expiration date, based on previous requests for extensions, was set to expire on September 30, 2007, and the NJ DEP Coordinator was leaving for an extended period on September 20 (i.e., the explanation for the letter being sent before formal approval).

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RESOLUTION #140-07

BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that they hereby ratify the September 17, 2007, request for an extension of the Regional Stormwater Management Grant #RP04-084 for a three month period beyond the expiration date of September 30, 2007.

By Order of the Township Committee,

______________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Machnik and seconded by Ms. Lenox.

Ms. Machnik added that the reason for the need for extensions was because the NJ DEP did not process the information submitted for the Characterization Assessment of the area for over nine months, causing delays in the project.

The resolution was approved by unanimous vote.

HANDEX CONSULTING REMEDIATION REPORT ON BIENNIAL CLASSIFICATION EXCEPTION AREA (CEA) & STATUS UPDATE ON REVIEW BY DEWBERRY GOODKIND

Committee members acknowledged receipt of the Handex report filed with the NJ DEP. The 9/24 letter on enforcement crossed in the mail with the Handex report, and the Clerk did ascertain by phone that NJ DEP does indeed have the Handex report in their office. The report was filed without the additional well inventory, based on advice provided to Handex by NJ DEP.

The Clerk also noted that she has been in contact with the representative from Dewberry Goodkind, and while it was anticipated that their assessment would be ready for tonight's meeting, it was not yet delivered. The report had been expected by the end of August, and the Clerk will follow up.

AMWELL VALLEY FIRE COMPANY REQUEST FOR SPECIAL ALCOHOLIC BEVERAGE CONTROL PERMIT

The Fire Company will hold their annual murder mystery event on Saturday, October 20, 2007.

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RESOLUTION #141-07

BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that they have no objection to a Special Permit for a Social Affair being granted to the Amwell Valley Fire Company (Club License #1008-31-002-01) from the New Jersey Division of Alcoholic Beverage Control for an event to be held on Saturday, October 20, 2007.

By Order of the Township Committee,

__________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Machnik, seconded by Ms. Lenox, and it was carried unanimously to approve the resolution.

OPEN TO THE PUBLIC

Jack Balint, 67 Linvale Road, spoke about the decision by the governing body for the park sign considered earlier on the agenda. He explained that during discussions with the former property owner, Mr. Clawson wanted to make sure that the park was named in memory of his departed wife, Marion F. Clawson, not the family name of Clawson. Mr. Balint felt that it was very important to use Mrs. Clawson's full name on the sign.

Committee members reviewed the sample signs once more, and in final discussion, they agreed that they would like to see the background and lettering of the green sign, using the script from the red sign, which read Marion F. Clawson in bold letters and East Amwell Township in small.

Frances Gavigan, 123 Wertsville Road, asked about the item listed on the agenda under Standing Committees, which was not discussed. She suggested that a list of vacancies be compiled, including how long they have been vacant and filling the seats as they become available to continue operation.

Andrea Bonette, 17 Ridge Road, said that she would second Mr. Balint's request to have the park sign read "Marion F. Clawson" and noted that Mr. Clawson felt strongly about it.

Mrs. Bonette thanked the governing body for considering the solicitor's ordinance. She commented on Mr. Matheny's point on "walking a fine line" with identifying solicitors. She mentioned her own burglary of over $6,000 in items and conversations with State Police members at the time. She commented on knowing who the people are who are on one’s property as a possible deterrent to crime. Mrs. Bonette stated that with driver license requirement, at least the solicitor could be identified. She stated that this was minimal, and she understood Mr. Matheny's points made earlier; she agreed that some legal advice would be warranted.

Mrs. Bonette commented on page 13 of the minutes, under Ms. Lenox’s explanation of the Zoning Officer matter. Mrs. Bonette commented not having an opinion on a decision, but on making sure that the Zoning Officer is checking and doing proper research on his zoning inquiries.

Mrs. Bonette stated that 90% of the questions she had were answered during the discussion on the Corrective Action plan earlier in the evening. She had read previous information in the VIP, the Hunterdon Democrat, and in Mr. Case’s audit letter. Mrs. Bonette commented on the state mandate/state pay requirement for mandates placed on municipalities. She suggested appealing to the Council for Unfounded Mandates. If this is not allowed, she believed if Mrs. Luhrs was paid more for her work, then the auditor should be paid less for his work. She suggested assessing the matter on behalf of the taxpayers. Ms. Lenox commented on the fact that all municipalities were subject to the audit changes, which may not allow for consideration at the Council for Unfounded Mandates.

Mrs. Bonette asked if it was known how many courses would be necessary for Mrs. Luhrs or her assistant to take for the new assignment. She asked if this information is determined, she be made aware.

Mrs. Bonette asked if in development of the employee manual, had a policy been determined to cover employees who fail courses; she cited information provided by another resident on private industry policies. Comments were briefly exchanged between Mrs. Bonette and the Township Committee. Mr. Tatsch determined that it would be up to the Township Administrator to suggest policies for the governing body’s consideration.

Motion by Ms. Machnik, seconded by Ms. Lenox, and it was carried to close to the public.

STANDING COMMITTEES, Continued

2007 APPOINTMENT STATUS FROM VOLUNTEERS TO SERVE Mr. Tatsch stated that the Township Committee is working through the process of filling vacancies with interested and qualified candidates, and there are currently five vacancies on the Historic Preservation Committee, with some contacts being made to serve. He noted that there are openings on the Planning Board and Board of Adjustment, and a candidate has been identified for the Board of Adjustment, and other candidates are also being sought. He concluded that some of these appointments may roll into the next year for consideration.

The Clerk will set up interview dates for candidates for the Historic Preservation Committee via email. She also mentioned that volunteers are being sought for the Recycling Committee.

Mr. Tatsch reminded the governing body that this year there was a change made to the process of identifying returning committee members. Committee chairmen will check with their members on their interest in returning, and it is anticipated that filling the vacancies can be done earlier than the last weeks of the year.

BOARD OF HEALTH:

1) Meszaros Resolution: Mrs. Stahl referred to the recent letter from the NJ Economic Development Authority requesting a resolution indicating the municipality's desire to acquire the property within three years after clean-up. Mrs. Stahl consulted with Mr. Cushing this afternoon for appropriate wording. Mr. Tatsch stated a resolution was approved a while ago, but he agreed that another resolution could be adopted.

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RESOLUTION #142A-07

WHEREAS, the Township of East Amwell, in the County of Hunterdon, State of New Jersey, is interested in acquiring property known as Block 35. 01, Lots 38 & 39, and Block 38, Lot 21, as evidenced by the attached copy of Ordinance 05-02 along with a copy of the May 9, 2006, letter to the New Jersey Department of Environmental Protection regarding the Green Acres Planning Incentive Acquisition Program; and

WHEREAS, the Township of East Amwell has successfully acquired a grant in the amount of $283,000 and has overseen the removal of over nearly 300,000 tires in an effort to clean up the property; and

WHEREAS, the governing body has engaged engineering firms and New Jersey State Department of Environmental Protection members to investigate the environmental concerns on the property;

NOW, THEREFORE, BE IT RESOLVED that the Township of East Amwell expresses its interest in acquiring the property known as Block 35.01, Lots 38 & 39, and Block 38, Lot 21, within three years of the completion of remediation of the site, provided the property can be acquired at a reasonable cost.

By Order of the Township of East Amwell,

_____________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Lenox, seconded by Mr. Spiegel, and it was carried unanimously.

UNFINISHED BUSINESS, Continued

RESOLUTION TO ENTER EXECUTIVE SESSION

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RESOLUTION #142-07

WHEREAS, the Open Public Meetings Act, P.L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, East Amwell Township Committee is of the opinion that circumstances presently exist; and

WHEREAS, the governing body of the Township of East Amwell wishes to discuss personnel issues and litigation; and

WHEREAS, minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then minutes can be made public;

NOW, THEREFORE, BE IT RESOLVED that the public be excluded from this meeting.

By Order of the Township Committee,

___________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Machnik, seconded by Ms. Lenox, and it was carried unanimously to approve the motion to enter executive session at 9:12 p.m.

Members of the public left the meeting room, and governing body members took a two minute recess. The executive session began at 9:14 p.m.

The regular meeting resumed at 9:30 p.m.

ADMINISTRATIVE REPORTS

TREASURER LUHRS presented the bills of the evening and a statement of cash on hand.

Motion by Mrs. Cregar, seconded by Ms. Lenox, and it was carried unanimously to approve the bills of the evening.

Treasurer's Resolution:

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RESOLUTION 143-07

WHEREAS, it has been determined by the Board of Health of the Township of East Amwell that the following witness fees can be refunded;

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of East Amwell that the Treasurer is hereby authorized to refund the following amounts to the applicants:

Applicant Amount Refunded

Highland Construction $200.00

By Order of the Township Committee,

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C. Larry Tatsch, Mayor

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Motion by Ms. Machnik, seconded by Mrs. Cregar, and carried unanimously to approve the resolution.

The Tax Collector did not have any resolutions to present.

CORRESPONDENCE

Mrs. Cregar commented on the resolution from West Amwell Township in opposition to A-4393 amending the Local Public Contracts Law. She did not believe it was necessary to impose more regulation on municipalities, e.g., getting estimates of what jobs will cost. Mr. Spiegel commented on his knowledge of state requirements in the bidding process concerning breakdown of costs. Mrs. Cregar believed the bill caused redundancy.

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RESOLUTION #144-07

OPPOSING ASSEMBLY BILL A-4393 AMENDING THE LOCAL PUBLIC CONTRACTS LAW

WHEREAS, Assembly Bill A-4393 requires contracting units requesting bids for construction projects to advertise their projected cost estimate range, requires that the projected cost estimate range be attested to by the person preparing the advertisement for bid 120 days prior to the bid due date; and

WHEREAS, this bill is unnecessary legislation that will adversely impact an essential function of local government and create an additional and unnecessary level of bureaucracy on the already cumbersome Local Public Contracts Law and numerous other statutes (i.e. New Jersey Business Registration Certificate, Public Works Contractors Registration, “Lazy Bidders Law”, Affirmative Action, Prompt Payment and Pay to Play) affecting the public contracting process; and

WHEREAS, this bill undermines the efficiency not only of procurement, but general government as well, particularly when there may be a need to perform expedited procurement to protect the health and safety of the public; and

WHEREAS, this bill will likely diminish full, fair, open competition among potential vendors as contractors would have little incentive to provide a bid lower than the projected costs; and

WHEREAS, this bill could facilitate or encourage collusion among bidders; and

WHEREAS, this bill restrains the discretion of the governing body in rejecting all bids for any of the six reasons currently under NJSA 40A: 11-13.2; and

WHEREAS, this bill contains ambiguous language and open ended criteria that could lead to protracted disputes and even litigation; and

WHEREAS, this bill ignores provisions of NJSA 40A: 11-1 et seq. which have been in place since 1971 and have enabled the efficient, effective and responsible construction of public facilities; and

WHEREAS, this bill replaces a responsible competitive bidding process that is driven by the market place with a new process tied to estimated costs.

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey hereby opposes the passage of A-4393 for the aforesaid reasons; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be sent to Governor Corzine, New Jersey State Legislature –23^rd legislative District, New Jersey State League of Municipalities, New Jersey Conference of Mayors, all Hunterdon County municipalities, Division of Local Government Services and the New Jersey Governmental Purchasing Association.

By order of the Township Committee,

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C. Larry Tatsch, Mayor

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Motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously to approve the resolution.

The Clerk acknowledged the inventory of cemeteries and gravestones found during research by Dr. Fred Lathrop. Dr. Lathrop has been working throughout Hunterdon County to prepare a volume of information, and he kindly provided the East Amwell portion of information to the Clerk’s Office. A letter of appreciation is being sent by the Mayor. Committee members agreed that it would be nice to have a full copy of the volume for the Clawson House museum, once it is operational.

ADJOURNMENT

There being no further business, a motion was made by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to adjourn the meeting at 9:35 p.m.

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Teresa R. Stahl, RMC/CMC

Municipal Clerk