The regular meeting of the East Amwell Township Committee was called to order at 7:30 p

The regular meeting of the East Amwell Township Committee was called to order at 7:35 p.m. Present were Mayor C. Larry Tatsch, Deputy Mayor Kathleen Machnik, and Committee members Kurt Hoffman and Richard Spiegel. Township Committee member Linda Lenox was absent. Township Administrator Timothy Matheny and Attorney Judy Kopen were 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 July 17, 2007.

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

ACKNOWLEDGEMENT OF LAST OFFICIAL MEETING OF TOWNSHIP COMMITTEE MEMBER KURT HOFFMAN

Mr. Tatsch explained that last year former Mayor and current Township Committee member Kurt Hoffman and his wife, Kathi, found a wonderful opportunity to move out of state, and their house has been on the market since that time. The house is currently under contract and the municipality benefited from Mr. Hoffman's service "a little longer" by the prolonged sale of the property.

Mr. Hoffman was appointed to the Township Committee in 2003 and again in 2006 for a second three-year term. He served as Mayor in 2004, 2005, and 2006. Mr. Tatsch commented on running with Mr. Hoffman for the 2006 seat, noting that "he was an excellent colleague," and Mr. Hoffman "did a wonderful job" serving as Mayor.

Mr. Tatsch outlined numerous accomplishments by Mr. Hoffman during his service to East Amwell Township, including serving on the Farmland/Open Space Committee and his outstanding commitment to preserving land, working with his wife, Kathi, in creating and maintaining the beautiful gardens around the municipal building, his environmentally conscientiousness, and his excellent ability to maintain a tight budget for the municipality while providing great services for the residents. Mr. Tatsch spoke about Mr. Hoffman's "precise, quick actions" in budget meetings, which Mr. Tatsch would be unable to duplicate.

Mr. Hoffman's closing is set for August 15; this may or may not be his last meeting. Mr. Tatsch wished Mr. Hoffman success in his future endeavors, and he wanted to take this opportunity to thank Mr. Hoffman for his outstanding service during the past five years.

Motion by Ms. Machnik, seconded by Mr. Spiegel, and carried unanimously to take a short recess for a small reception for Mr. Hoffman.

Mr. Hoffman explained that there were some issues to resolve, and the closing on his property may be delayed. He stated that he will not be handing in his letter of resignation until the day before he leaves, and he may be around a little longer.

The recess took place at 7:40 p.m., and the meeting resumed on a motion by Mr. Spiegel, seconded by Mr. Hoffman, and carried unanimously at 8:00 p.m.

Ms. Machnik commented on Mr. Hoffman's service as a "well rounded individual in the township, and the benefits received from his expertise in accounting, finance, and his environmental streak." She spoke about Mr. Hoffman's contributions to the Farmland/Open Space Committee, and "his level of a voice of reason." Ms. Machnik thanked Mr. Hoffman for his service and stated that he will be missed.

Mr. Spiegel commented on "being the new guy on block" two years ago, and he really appreciated the support Mr. Hoffman gave him as he began his service to the municipality. He wished Mr. Hoffman and his family all the best for continued prosperity and success.

AGENDA REVIEW

Under Township Administrator’s Report, delete Municipal Field Maintenance Complaint. Under Correspondence, add the 7/16 letter from NJ Department of Agriculture regarding Gypsy Moth Infestation, the July 18 memo from Darlis Maksymovich regarding Pam Dymek, and the Township Administrator’s July 19, 2007, Inter-Office Deliberative Memo on COAH Negotiations, and a copy of the Hunterdon County Soil Conservation District Newsletter mentioning resident Floyd Menchek’s 25th Anniversary as a Supervisor.

ANNOUNCEMENTS

The Township Committee will hold only one meeting in July on July 19 and one meeting in August on August 16, 2007.

APPROVAL OF MINUTES

June 28, 2007, Special Minutes (Resolution to Enter Executive Session) were approved on a motion by Mr. Spiegel, seconded by Ms. Machnik, and carried with one abstention, Mr. Tatsch.

June 28, 2007, Executive Minutes (Employee Interview) were approved on a motion by Mr. Spiegel, seconded by Ms. Machnik, and carried with one abstention, Mr. Tatsch, with a minor correction.

June 28, 2007, Regular Minutes were approved on a motion by Mr. Spiegel, seconded by Ms. Machnik, and carried with one abstention, Mr. Tatsch, with minor corrections.

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

Andrea Bonette, 17 Ridge Road, stated that a couple of weeks ago, 2 males and 2 females came to her home selling magazine subscriptions. She called the State Troopers, who advised that unless there was an ordinance to prohibit solicitation without a permit, they cannot prosecute. Mrs. Bonette then read an article in the June 14 issue of the Hunterdon County Democrat regarding magazine sales in Glen Gardner associated with burglaries. Mrs. Bonette contacted the Perryville Barricks of the State Police and spoke with Officer Blackwell, who explained that gypsies travel in the area with weather change cycles, and this has been going on for years. Municipalities would have to have solicitation ordinances in place to prosecute offenders.

Mrs. Bonette asked the governing body to put this item on a future agenda for consideration and to contact the police about the matter. She noted that non-profit groups often solicit; she noted her recent burglary, and she commented on "latch-key" children in the municipality.

Mr. Tatsch agreed that this was a good suggestion, and he asked Mr. Matheny to look into this. Mr. Tatsch commented on the Glen Gardner newspaper article, noting the importance of getting license plate numbers.

Mr. Spiegel also commented on preying on the elderly, noting a specific case recently identified in East Amwell Township. He was appalled by these activities.

Mrs. Bonette commented on receiving a copy of the 2007 contract for the Township Administrator. She referenced a website where state pension figures could be obtained for employees in the system. Mrs. Bonette read a prepared statement, as follows.

“I must preface this by saying, as a retired teacher of thirty-five consecutive years of teaching, I am very impressed that a public employee who has retired from a different sector is receiving, according to the official website, retirement pay of seventy thousand dollars a year as compared to my thirty-six thousand per year.

“I have found the current Township Administrator Contract to be an amazing document.

I. According to the policy manual, membership fees will be paid for professional association membership fees for certain employees up to a maximum of $125/year, subject to appropriate approvals. Requests for payment of fees beyond this amount must be approved by the Township Committee. Last month I observed that recent bill lists have shown, among other amounts, $210 for our TA to attend an FBI seminar. I am curious as to who approved this, and what was the rationale as to how FBI training is a necessary part of the TA’s job description, especially since we already have a well-organized and highly competent OEM group.

II. According to the TA contract, the TA may be reimbursed for “professional and full participation in the following organizations: International City/County Management Association, the New Jersey Municipal Management association, leadership New Jersey graduate organization, New Jersey FBI National Academy Association;” as well, time off and full reimbursement for professional development and training conferences conducted by the NJMMA, ICMA, NJSLOM, and the FBI National Academy up to ten days per years total.

III. According to the policy manual, paid holidays that occur during an employee’s vacation will not be charged against the employee’s allotment of vacation days…AND…annual vacations are determined by the number of scheduled working days per week. According to this contract, Matheny shall be entitled to all paid holidays but since there are no required weekdays for him to be present, it would theoretically be possible for him to “schedule” work days for every single holiday which falls during the week. I would therefore request to be informed as to whether the current TA worked in the office on any or all of these days: New Year’s Day, Martin Luther King Day, President’s Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day, Day after Christmas, and New Year’s Eve, since he was hired in April 2006?

IV. The employee manual states that for vacation days allowed, ordinarily the number is calculated based on six hours per day. The TA contract states that the TA only need work a minimum of three in-office days per week and a minimum of twenty hours per week. However, his contract also allows for eight vacation days-but the manual says in the first year an employee must work 5 days per week and a minimum of thirty hours per week to qualify for eight vacation days, and starting in the second year five days per week will allow ten vacation days. This contract only specifies a requirement of thirty weeks per year with four days worked; other weeks he can work fewer days, and again, he can select which days and change them every week if he wishes.

V. The most amazing part, beyond the scheduling freedom and the generous reimbursements, is the actual per diem basic contracted salary. Given $52,000/year, one can calculate the per diem rate thus:

52 weeks with 30 times 4 days= 120 days

And 22 times 3 days= 66 days

For a total of 186 days required.

Then subtract the allowances:

13 or 14 holidays

8 vacation days

2.5 personal days

10 out of office training/seminar days

4 sick days

For a total of 37.5 days allowed absences.

Reducing the required total to 149 days per year.

$52,000 divided by 149 works out to $348.00/day, for a day, which I would guess averages five hours plus evening meetings.”

Fred Gardner, 46 North Hill Road, asked about the increase in the annual budget; it was noted that it was roughly 1.6%, a drop from almost 2% last year. Mr. Gardner asked about morale in the office. Mr. Hoffman stated that it has greatly improved since the staff has one conduit from which to receive information. Mr. Matheny has instituted regulated procedures, which has eliminated inconsistencies in past practices from Township Committee to Township Committee. Comments were made about Mr. Matheny's oversight in the office and attendance on a regular basis.

Mr. Tatsch explained that he and Ms. Machnik negotiated the recent contract for Mr. Matheny, and upon reviewing "time-sheets," he was working closer to 28 hours per week than the required 20 hours per week. These figures do not include Mr. Matheny's almost immediate response to emails even when he is away from the office.

Mr. Gardner commented on the theoretical mathematics provided in the previous statement, concluding that they were irrelevant to the conduct of township business.

Mr. Spiegel commented on the "luxury" of having Mr. Matheny in the position, noting that staff members have someone to go to in an instant rather than waiting for governing body action from meeting to meeting. Mr. Spiegel commented on the possibility of breakdown in communications, which are finished and resolved before stories become distorted. He provided the analogy of an eight cylinder engine moving in sync, and he concluded that there was a "big difference" if employees have a problem to have guidance from the Administrator on a regular basis. He stated that this "better served the public."

Mr. Gardner congratulated Mr. Matheny for his actual performance on the job, and he hoped that Mr. Matheny's services were "widely recognized in the community."

Ms. Machnik agreed that the Township "was getting their money's worth" with the Administrator's position. She agreed that Mr. Matheny was doing "exactly what the position was intended to do, and improvements in morale and teamwork were hard to quantify."

Mrs. Bonette stated that her comments were not based on job performance, and they applied to contract discussions.

Mr. Hoffman commented that the municipality "had to pay for it to get it, and if one paid for junk, they get junk."

Motion by Ms. Machnik, seconded by Mr. Hoffman, and carried unanimously to close to the public.

Mr. Tatsch concluded by stating that as Mayor, he was involved with the negotiations with Mr. Matheny in writing the contract, which was reviewed by the Township Attorney. During negotiations, administrator contracts in other municipalities were vetted, and he had an understanding of "typical pay" for other administrators. Mr. Matheny's pay is in the middle range, and Mr. Tatsch was confident that the selected pay scale was appropriate for the position "which certainly worked out for the Township."

PUBLIC HEARINGS

ORDINANCE 07-11: AN ORDINANCE TO PROVIDE FOR THE PURCHASE OF A TRACTOR MOUNTED ROADSIDE MOWER AS A GENERAL IMPROVEMENT FOR THE TOWNSHIP OF EAST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $18,000.00 WHICH INCLUDES $18,000.00 FROM THE CAPITAL IMPROVEMENT FUND.

As proof of publication, the Clerk showed the copy of the legal public notice from the June 21, 2007, issue of the Hunterdon County Democrat. The ordinance has been posted and available to the public since introduction on June 14, 2007.

The public was advised that the mower attachment would be used as an attachment to one of the municipality's present tractors to mow road banks, which are overgrown and present site hazards. Options considered at the budget meetings were to purchase a new tractor or mower or retro-fit a present mower; the decision was made to go with the lower cost in retro-fitting.

Motion by Mr. Hoffman, seconded by Ms. Machnik, and carried unanimously to open to the public for comment.

Fred Gardner, 46 North Hill Road, asked about a previous mower purchased under his term as Township Committee liaison to the Road Department. He was advised that the mower is still used on the roads, and the purchase of the additional equipment will allow two mowers to be used. Mr. Gardner expressed his relief. Mr. Matheny explained that the second mower had a 3/4 hitch, and it would be dedicated for double work during down time for the Road Department members.

Motion by Mr. Hoffman, seconded by Mr. Spiegel, and carried unanimously to close to the public.

Motion by Mr. Hoffman, seconded by Mr. Spiegel and carried by unanimous roll call vote to adopt Ordinance 07-11: Mr. Spiegel, yes; Mr. Hoffman, yes; Ms. Machnik, yes; Mr. Tatsch, yes.

ORDINANCE 07-12: AN ORDINANCE TO PROVIDE FOR THE PURCHASE OF A MOWER FOR THE PARKS WITH A MINIMUM OF TEN AND ONE-HALF FOOT MOWING DECK AS A GENERAL IMPROVEMENT FOR THE TOWNSHIP OF EAST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $48,000.00 WHICH INCLUDES $48,000.00 FROM THE OPEN SPACE TAX TRUST FUND

As proof of publication, the Clerk showed the copy of the legal public notice from the July 5, 2007, issue of the Hunterdon County Democrat. The ordinance has been posted and available to the public since introduction on June 28, 2007.

Mr. Tatsch explained that Clawson Park was maintained by an outside contract last year, and the bid was actually too low for the work performed. The determination was made to do the work in-house to maintain the 23 or more acres of parkland and to maintain any other open lands owned by the Township. A decision was made at last meeting to purchase a 10.5 foot mower deck rather than a 6 foot mower deck to cut a wider path. Mr. Matheny explained that the 10.5 foot mower has two wings, which if raised, will cut a 6 foot area for better trimming. It was anticipated that the additional expense by going to a larger mower at a cost of $48,000 would actually save money in long range; it was agreed that the $48,000 would purchase a top rate, heavy duty mower.

Motion by Mr. Hoffman, seconded by Mr. Spiegel, and carried unanimously to open to the public for comment. There being no comments from the public, motion by Mr. Hoffman, seconded by Ms. Machnik, and carried unanimously to close to the public.

Motion by Mr. Hoffman, seconded by Mr. Spiegel and carried by unanimous roll call vote to adopt Ordinance 07-12: Mr. Spiegel, yes; Mr. Hoffman, yes; Ms. Machnik, yes; Mr. Tatsch, yes.

ORDINANCE 07-13: AN ORDINANCE TO PROVIDE A SUPPLEMENTAL APPROPRIATION OF $15,000 FOR THE FUNDING OF THE BARN REPLACEMENT AT THE MARION CLAWSON MEMORIAL PARK AS GENERAL IMPROVEMENTS FOR THE TOWNSHIP OF EAST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY, AND APPROPRIATING $15,000, WHICH INCLUDES AN APPROPRIATION OF $15,000 FROM OPEN SPACE TAX TRUST FUND

The ordinance will allow additional funding to supplement existing funding for the purchase of a barn for the Marion S. Clawson Memorial Park. Mr. Tatsch explained that this was anticipated during budget discussions earlier in the year.

Motion by Ms. Machnik, seconded by Mr. Spiegel, and carried unanimously to open to the public for comments. There being no comments, motion by Mr. Hoffman, seconded by Mr. Spiegel, and carried unanimously to close to the public.

Mrs. Stahl noted for the record that there were errors in the published ordinance in sections #2 and #3, ie., the reference to the amended ordinance should be 05-12 consistently throughout the ordinance, not the reference to Ordinance 05-21.

Motion by Mr. Hoffman, seconded by Mr. Spiegel and carried by unanimous roll call vote to adopt Ordinance 07-13 with corrections in sections #2 & #3 to reference Ordinance #05-12: Mr. Spiegel, yes; Mr. Hoffman, yes; Ms. Machnik, yes; Mr. Tatsch, yes.

UNFINISHED BUSINESS

Floyd Menchek, a resident from Linvale Road, was in the audience and asked to speak about Woodsville Road. Mr. Tatsch recommended moving this item up on the agenda at this time.

WOODSVILLE ROAD MAINTENANCE AGREEMENT: Mr. Menchek identified himself for the record. Mr. Menchek commented on road conditions on this border road with West Amwell, which the municipality is jointly responsible for maintaining. He suggested that the municipality "do something before we are sued," referencing six accidents on the road, a road shoulder which is destroyed, and very large potholes.

Mr. Tatsch explained that the Superintendent of Public Works and the Township Administrator are aware of the road problems, and the road is on the paving schedule for this year.

Mr. Spiegel commented on having no money appropriated or contracts initiated for the work on the roads to be done under this year's road projects list. He stated that this is July and work slows down in August. Mr. Spiegel stated that this is the end of the construction season, plants slow down, and asphalt prices will be going up. He stated that road projects should have been the number one priority, and he believed that this was a problem. He questioned whether contracts could be obtained at this time; he spoke about putting asphalt on the roads by the end of August, and he questioned whether or not the roads would heave in the winter-time due to late in season work. He stated that road projects were known as far back as November 2006.

Mr. Spiegel referred to the agreement with West Amwell Township on maintenance of bordering roads. He felt that this was a construction issue, and West Amwell Township should be paying for part of the costs of the project. Mr. Spiegel also spoke about his contact with the NJ Department of Transportation on their jurisdiction on Route 31 (i.e., from the center of right of way to the intersection), and the State will not come onto Woodsville Road. Mr. Spiegel provided specifics about the size and location of the potholes on Woodsville Road, which he measured in a site visit. He further commented on the agreement with West Amwell on whether it was 8/10 of a mile or 3/4 of a mile for maintenance.

Mr. Matheny explained that Public Works Superintendent Howell is working with his secretary, Pam Dymek, on preparing the contracts now. He explained that funding for the road projects was just recently approved.

Mr. Tatsch was in favor of renegotiating the border road agreements, but he believed that the present construction issue was already addressed in the 2007 budget. He noted that the Treasurer has already advised that West Amwell Township did not put any money in their budget for this project. Mr. Matheny explained that Assistant Road Supervisor Bob Kadezabek provided him with historic information on road maintenance agreements developed between East and West Amwell Townships.

For planning purposes for the next year, it was agreed that the agreements for bordering roads should be reviewed.

Mr. Spiegel again commented on the NJ Department of Transportation's jurisdiction stopping at the intersection. The possibility of meeting at the site to assess the situation was mentioned.

SPECIAL DISCUSSION

RECEIPT OF 2006 AUDIT The 2006 Audit by WithumSmith & Brown was provided to the governing body for their review. Ms. Machnik had previously asked about comments made by the Auditor in the report, and it was noted that he and Treasurer Luhrs would be invited to the August 16 meeting to further discuss the document.

Committee members agreed that the overall report showed that Treasurer Jane Luhrs did a very good job. Mr. Hoffman noted that government accounting practices significantly vary from regular accounting practices, and the key statement is that there are no significant deficiencies described in the audit, which would be considered material weaknesses.

SPECIAL COMMITTEE REPORTS - None

STANDING COMMITTEE REPORTS

FARMLAND/OPEN SPACE PRESERVATION:

1) Changes to Point Ranking System for PIG Farmland Preservation Applications: The July 11, 2007, memo from F/LOSPC was reviewed. Mr. Hoffman explained that the system would remove the ranking of soil conservation district plans since they are private information. Mr. Spiegel commented on the use of the ranking in prior applications, and some comments were exchanged.

Motion by Mr. Hoffman, seconded by Mr. Spiegel, and carried unanimously to approve the changes in the P.I.G. ranking system, as proposed by the F/LOSP Committee.

2) 2007 Revised Open Space Map: The map, which will be provided to the public in the tax bill mailing, was given to the governing body for their information. The map shows various parcels in the municipality in color-coded form for various types of preservation.

Mrs. Stahl explained that Kurt and Kathi Hoffman were instrumental in providing a huge hand-colored map in the early 2000's (before access to color printers) as a benefit to the public.

UNFINISHED BUSINESS, Continued

TOWNSHIP ADMINISTRATOR'S UPDATE:

1) Audio Taping Policy: Mr. Matheny outlined the policy he developed, noting specific areas, which would be effective in all situations, including heavily covered media instances. Committee members agreed that the policy was a reasonable one. Ms. Kopen will review the policy and provide feedback, if warranted.

2) Draft Report on Handex Remediation: Mr. Tatsch reviewed the document provided by Dewberry-Goodkind, LLC for signature. He agreed that the firm was offered the contract at a previous meeting (submitting the low bid) to examine the Handex remediation treatment, and he stated that the agreement was ready to be signed.

3) Municipal Building Update: Mr. Matheny explained that the basement remediation work was done, including installation of a drainage system, sump pump with a permanent electrical plug-in, and a dehumidifier. Windows were also installed, and the studs for walls are in place to provide a separate, secure records room. He explained that the area "smells a lot less like a basement" and will be a functional area. The Road Department will continue their work when they have an opportunity (during inclement weather conditions), and permits are also a part of the process.

4) Clawson Park Update: Mr. Tatsch commented on the event, which took place on Sunday, July 15, sponsored by the Recreation Committee. He explained that 75-100 people attended the "enjoyable evening with the outstanding ensemble," and the professional clown provided lots of entertainment. Mr. Tatsch commented that he hoped that this would be the start of a successful series of events, and as people get use to the idea, the park would become more popular. Mr. Tatsch noted that the Recreation Committee sponsored the event, and they are experiencing a new direction in recreation, i.e., beside sports, Carolyn Viola and Julie Sansone are adding the new dimension of arts.

Mr. Matheny also commented that he and Mr. Howell are looking at automatic locks on the restrooms, which can be set on timers. He explained the current locks on the lavatories, which include deadbolts. The new system will cost approximately $1,200, but it will solve the problem of having to depend on volunteers to make sure they are locked on a regular basis.

5) Shared Services Agreement: Mr. Howell attended the recent Hunterdon County kick-off meeting on this new service, and Mr. Matheny will meet with the new director on July 25 to discuss mutual concerns.

Mr. Tatsch explained that he recently received a telephone call from West Amwell Mayor Ron Shapella concerning shared services opportunities in South County. He also spoke with Public Works Superintendent Howell, and he explained that the municipality is doing this to a certain extent now and does not want to "hurt his avenues" for sharing specialized equipment. All were in agreement that participating in the fact finding meeting would be beneficial, although it was not anticipated that any commitments were being made at this time. The meeting is scheduled for August 26, 2007.

6) Outstanding Services of Acting Clerk: A memo from Darlis Maksymovich regarding the services of Pam Dymek as Acting Clerk during the Clerk's absence was duly noted. Mr. Matheny commented on the fact that Ms. Dymek was complemented by her colleagues for the excellent job she did, which was a great recognition. Mr. Tatsch agreed that Ms. Dymek offered her long range assistance to him also and "was on top of things" during the Clerk's absence. Mr. Matheny will convey to Ms. Dymek's the entire Township Committee's appreciation for a great job!

7) Department of Public Works Applications: Mr. Matheny and Mr. Howell reviewed the numerous applications received for the position, and they are setting up interviews with seven candidates for appointment by the next meeting. Mr. Spiegel asked to receive copies of the applications of the seven candidates.

EAST AMWELL TOWNSHIP SCHOOL: INTERLOCAL AGREEMENT AMENDMENT FOR WELL AND IRRIGATION SYSTEM

Ms. Kopen reviewed the interlocal agreement amendment prepared by the attorneys for East Amwell School to include the irrigation system and well for maintenance of the soccer fields established at the school. Ms. Kopen suggested a minor change to page two of the proposed agreement, under paragraph 3B, regarding costs. She would prefer to see a figure of $20,000 instead of the wording “sufficient funds for the remainder of the Proposed Improvements.”

Further discussion took place, with the following highlights: the original agreement pertained to the $65,000 for soccer lights; the soccer lights were installed in two segments, and costs may have been more than $65,000 - however, this was the figure included in the prior agreement signed by the municipality; the amendment proposed at this time was only to include reference to the additional funding and inclusion of the irrigation system and well into the original agreement; Ordinance 07-09 was adopted on June 14, 2007, to finance the well and irrigation system.

Motion by Mr. Hoffman, seconded by Mr. Spiegel, and carried unanimously to authorize signature on the interlocal agreement with the change on page 3, section b, line 3 from “sufficient funds” to “$20,000” for the remainder of the Proposed Improvements.

CONTINUED DISCUSSION ON LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) (See June 28, 2007, Minutes for Background.) Committee members referenced the 7/2 email from Mr. Latanzio regarding the rescue squad's request for benefits.

Mr. Tatsch commented his 7/4 email regarding the Township's desire to implement LOSAP, which is a way to maintain adequate staff for the rescue squad, and which was approved by the voters for the fire company in 1998. He commented that the rescue squad has just started talking about the program about a month ago, although a representative was present during budget discussions. After seeing their proposal, Mr. Tatsch would prefer to see what other municipalities are doing and compare the proposal with what the fire company is doing; he would like to see a program which meets the needs of the rescue squad and the fire company and is reasonable for the residents. Mr. Tatsch would also like to see the fire company rather than the municipality administer the program since they are administering their own; he discussed with Treasurer Luhrs a few weeks ago. He did not have all the details, but he felt that this was something to look into.

Mr. Tatsch further stated that he did not believe a non-binding question on the ballot was the preferred process at this time. He would like to see that the public is better educated about LOSAP, i.e., to determine the benefits provided by a volunteer rescue squad rather than a professional, paid squad. He felt that this would be pertinent information and would be beneficial in providing more information for a binding question in a future election. He did not foresee this happening for the November 2007 election.

Mr. Hoffman agreed that he would not like to see a non-binding question on the ballot this year. He agreed that there were not enough details and did not see that they could be presented in a timely fashion to get a question on the ballot by the middle of August. Mr. Hoffman also noted that the fire company has an election in February if the program fell under their purview.

Mr. Spiegel explained that he has been in contact with the NJ Department of Community Affairs, calling for a Point of Order from the Mayor so that he would be able to speak. He explained that LOSAP could not be under the fire company's jurisdiction in East Amwell since the municipality is the larger contributor to the squad, i.e., the municipality would have to be the sponsor.

Mr. Spiegel further explained that he and Mrs. Luhrs were not reading the same information when they first discussed LOSAP. While there are state statutes for LOSAP, the Department of Community Affairs (DCA) has rules set according to statute, which are a set of 14 pages of rules provided to him by DCA. Mr. Spiegel spoke further about his conversations with DCA, noting that fire company sponsoring is "out of the question" since the municipality provides most of the funding to the rescue squad. Mr. Spiegel also noted that it was still up to the DCA to approve the LOSAP for the squad, noting that they have the authority to turn down programs. He agreed that there was too much information to put together this year.

The governing body continued their discussion, and they agreed that they would want further information from the rescue squad on a realistic plan. Looking into what other municipalities offer to their squads was also a suggestion. Ms. Machnik would like to see a meeting in East Amwell Township with a representative from NJ DCA present to discuss LOSAP in a public forum with the rescue squad and members of the public present. Ms. Machnik felt that this was really necessary so that options could be discussed and a general understanding of the program could be presented. Mr. Hoffman supported Ms. Machnik's recommendation in order to lay out the process and market it to the voters. Finding the appropriate number and point system is also relevant. Having the attorney involved in the meeting was also a suggestion.

Mr. Tatsch agreed that a representative from the State should be invited to a public meeting; Mr. Spiegel agreed to make the contact at the DCA about this. It was recommended that Mr. Reiter and the rescue squad should be made aware of the governing body's discussions so that they are aware of the sense that "the ball is their court." It was agreed that once the meeting is scheduled, it should be appropriately advertise to encourage public participation.

NEW BUSINESS

4H FAIR AMUSEMENT GAMES

Mrs. Stahl reminded the governing body that the 4H Fair will take place from August 22 through August 26, 2007, and the applicants for the games are vendors who have participated in the past.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

RESOLUTION #111-07

WHEREAS, South County Park, property belonging to the County of Hunterdon, is located in the Township of East Amwell; and

WHEREAS, South County Park is now the location of the annual Hunterdon County 4H Agricultural Fair, and amusement games play an important part in the entertainment at the fair;

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of East Amwell approves the following amusement game applications, which conform to local ordinances:

Applications AG-07-03 through AG-07-14

Michael Sturgis, 5279 Isla Key Boulevard, St. Petersburg, Florid 33715

Hunterdon County4H Fair/South County Park, 1207 Old York Road, Ringoes, NJ 08551

From August 22 - through August 26, 2007

Shoot Out the Star; Basketball Game; Basketball Game; Fish Pond Game; Knock Down

The Cats; Duck Pond Game; Cork Gun Game; Bottle Bust Game; Balloon Dart;

Balloon Dart; Balloon Dart; Balloon Dart

By Order of the Township Committee,

____________________________

C. Larry Tatsch, Mayor

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

RESOLUTION #112-07

WHEREAS, South County Park, property belonging to the County of Hunterdon, is located in the Township of East Amwell; and

WHEREAS, South County Park is now the location of the annual Hunterdon County 4H Agricultural Fair, and amusement games play an important part in the entertainment at the fair;

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of East Amwell approves the following amusement game applications, which conform to local ordinances:

Applications AG-07-15 through AG-07-17

Donna Cooke, 41 Jerome Place, Wayne, NJ 07470

Hunterdon County4H Fair/South County Park, 1207 Old York Road, Ringoes, NJ 08551

From August 22 - through August 26, 2007

Water Race Game; Water Race Game; Roll the Ball Game

By Order of the Township Committee,

_______________________________

C. Larry Tatsch, Mayor

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++Motion by Mr. Hoffman, seconded by Ms. Machnik, and carried unanimously to approve the resolutions for the Legalized Games of Chance Control Commission amusement games.

OPEN TO THE PUBLIC

Motion by Mr. Hoffman, seconded by Ms. Machnik, and carried unanimously to open to the public.

The governing body commended Floyd Menchek, who was still in the audience, on his 25 years of service to Hunterdon County Soil Conservation District.

Motion by Mr. Hoffman, seconded by Ms. Machnik, and carried unanimously to close to the public.

ADMINISTRATIVE REPORTS

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

Motion by Mr. Hoffman and seconded by Ms. Machnik to approve the bills of the evening.

Mr. Spiegel noted that on page 10, the bill for Fras Air Contracting Inc. should be reduced from $492.32 to $460.00 because sales tax is not charged to the municipality. Mr. Spiegel also questioned the bill on page 17 for payment to Hunterdon Hills Animal Hospital in the amount of $360.00 for boarding abandoned cats. He suggested that the municipality consider an ordinance with a fine to discourage people from abandoning cats. He referenced such a regulation in Clinton Township, where they have been experiencing such problems. Mr. Matheny provided details on the Animal Control Officer's (ACO) responsibilities when calls come in to pick up stray cats. His policy is that if residents feed the strays, they are considered "their" pets and are responsible for disposal. However, if someone abandons the cats on a residents' property without their knowledge, the ACO is obligated to follow standard procedure (i.e., boarding the cats for the state mandated period before putting them down). Further comments included the fact that the cats cannot be brought immediately to Tabby's Place, the cost for cat euthanizing is $20/cat, and there is a no-kill shelter in the County.

Amended Motion by Mr. Hoffman, seconded by Ms. Machnik, and carried unanimously to approve the bills with the reduction in the amount by $32.32.

Treasurer Luhrs also submitted the June 2007 Revenue Report, the June 30, 2007 Statement of Receipts/Disbursements; and the June 30, 2007, Appropriation Budget Summary.

TAX COLLECTOR HYLAND presented the June 2007 Municipal Receipts/Disbursements Report.

Tax Collector's Resolutions:

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

RESOLUTION #113-07

WHEREAS, the 2007 tax rate was delayed from the Tax Board of Huntedon County, and

WHEREAS, this amount is needed for the property tax bills to be printed; and

WHEREAS, there must be twenty-five days from the date of mailing for the return of the quarterly payment before interest is charged;

THEREFORE, BE IT RESOLVED that pursuant to N.J.S.A. 54:4-66 et seq., the payment without interest, for third quarter 2007 taxes will be extended to August 17, 2007, after which time all receipts shall be deemed delinquent with interest accruing from August 1, 2007.

By Order of the Township Committee,

____________________________

C. Larry Tatsch, Mayor

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++Motion by Mr. Hoffman, seconded by Mr. Spiegel, and carried unanimously.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

RESOLUTION #114-07

WHEREAS, there had been an overpayment for 1st and 2nd Quarter 2007 taxes for Block 21, Lot 2.03; Block 21, Lot 2.03 Q0106; and Block 21, Lot 2 Q0106 by the New Jersey Conservation Foundation and,

WHEREAS, this amount has been requested by the New Jersey Conservation Foundation for refund;

THEREFORE, BE IT RESOLVED that the Treasurer is authorized to prepare and mail a check in the amount of $5,236.61 be refunded to them.

By Order of the Township Committee,

_____________________________

C. Larry Tatsch, Mayor

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Motion by Mr. Hoffman, seconded by Mr. Spiegel, and carried unanimously.

All other administrative reports were received without comment.

CORRESPONDENCE

Committee members discussed the information received from the NJ Department of Agriculture regarding the gypsy moth population. Mr. Tatsch described moth casings located on the tree bark, which are best seen in fall or winter and provide a clue as to the extent of infestation the following years. Mr. Tatsch also noted recent correspondence about funding for aerial spraying for next year; he was supportive of aerial treatment options. A picture of gypsy moth eggs will be mounted in the municipal building for public information.

Board of Health Secretary Darlis Maksymovich prepared an extensive report on gypsy moths, and it will be provided to the governing body.

Motion by Mr. Hoffman, seconded by Ms. Machnik, and carried unanimously to return the Department of Agriculture's request form for a gypsy moth survey in East Amwell Township.

Reference was made to an email from Engineer Dennis O'Neal regarding applications for the 2008 NJ Department of Transportation grants, which are due in August. Motion by Ms. Machnik, seconded by Mr. Hoffman, and carried unanimously to authorize Mr. O'Neal to apply for grant funding. It was noted that preparation costs for the grant will be $1,500-$2,000.

The letter from Readington Township regarding PSE&G tree trimming was briefly discussed. The governing body was in agreement that careful tree management should be employed by all utilities. Motion by Ms. Machnik, seconded by Mr. Hoffman, and carried unanimously to send a similar letter as sent by Readington Township to all legislators, neighboring municipalities, and the County Freeholders.

ADJOURNMENT

There being no further business, motion by Mr. Hoffman, seconded by Mr. Spiegel, and carried unanimously to adjourn the meeting at 9:55 p.m.

_____________________________

Teresa R. Stahl, RMC/CMC

Municipal Clerk