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 and Linda Lenox. Township Administrator Timothy Matheny and Attorney Judith Kopen were in attendance. See Special Discussion below regarding a temporary appointment to fill a vacancy.

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 August 14, 2007.

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

AGENDA REVIEW

Under Special Discussion, item B, add the 8/16/07 letter of recommendation for replacement from the East Amwell Democratic Committee; also under Special Discussion, note that Nicholas Warminsky will be arriving later in the meeting and will be heard when he arrives, closer to 9 p.m.; Under Township Administrator's Report, table item 3 - New Policy on ID Cards until a future meeting; also under Township Administrator’s Report, add a discussion on the Dog Census position and motion to allow the Township Administrator to hire a new Census Taker for one district.

Under Correspondence, add the following: 8/9 Department of Labor Worker's Compensation Complaint - ask for copy; 8/14 Atty. Client Letter from Attorney Cushing re: Meszaros Property; 8/2 Attorney Cushing re: Maier Property and 8/10 Attorney Cushing re: Constantine v. Bass River, et. al.

ANNOUNCEMENTS

There is only one meeting of the Township Committee in August. The next meeting shall take place on September 13, 2007.

APPROVAL OF MINUTES

July 19, 2007, Regular Minutes were approved on a motion by Mr. Spiegel, seconded by Ms. Machnik, and carried, with one abstention by Ms. Lenox, with the following corrections: on page 2, under Open to the Public, the clerk was asked to check the reference to the Perryville Barracks. Note for the Record: The reference is correct, as stands. On page 4, paragraph 6, line 3, add "in morale" after the word "improvements"; page 6, paragraph 9, line two, add the words "part of the costs" after the word "paying."

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

Margaret Case, 106 John Ringo Road, said she was commenting as a concerned citizen of the Township and a member of the Amwell Valley Ringoes Rescue Squad. She expressed concern about the direction some members of the squad are taking with the new building program, and she wanted to inform the governing body about recent developments.

Miss Case provided historical information about the building campaign, with the following highlights: The original intent was to share land with Living Waters Church on Old York Road at a cost of $1.00 for a 99 year lease. Plans were started, but the Church had to change plans after they received a donation, which prohibited the joint venture. The property at 14 Route 202 was available at $250,000 (which was the price paid by the owner), with the stipulation that the squad helped the owner secure another location in Raritan for a gas station - and the owner would also donate $100,000 back to the squad. The gas station fell through, and another offer was made to the landowner above the original amount. A counter offer was made to swap properties with the Rescue Squad, which was discussed at a special meeting under Roberts Rules of Order. Miss Case outlined Roberts Rules of Order procedure pertaining to real estate transactions, which requires 2/3 vote; she stated that the vote did not pass (i.e., 7 in favor, 5 against, and 1 abstention). She stated that the squad minutes show that the squad did not vote to swap properties.

Miss Case stated that she was a member who voted against the land transaction. While she originally felt that the land was "a good deal," costs are going up and there have been economy changes in the last three and a half years. Miss Case continued speaking about an email received from the squad at the July meeting (the next squad meeting after the vote) from someone unknown to most of the squad. She referenced discussions at the squad meeting about the identity of the correspondent and whether or not it was a legal opinion or personal one; the letter was never addressed under New Business at their meeting. Miss Case commented on the fact that a large percentage of the membership was surprised to read in the Hunterdon County Democrat that ground breaking at the new site would take place in a couple of months; additionally, it was relayed at the August 14 meeting of the squad that a new well was drilled at 14 Route 202 in Raritan Township.

Miss Case stated, "The building committee has turned a blind eye to the vote of the special meeting and based on the opinion of a stranger to the squad, is just going ahead with the building project and ignoring the will of the squad." She explained that 35% of the membership is dictating to 65% and spending over $1,000,000. Another vote was taken at the August 14 meeting to stop building at 14 Route 202; a member of the building committee advised at that time that to reverse a decision the squad has previously made requires 2/3 membership vote. This was honored, and a secret ballot vote was taken, although there were some concerns raised by members about a secret vote. The vote was 9 against, 5 in favor, and 1 abstention. The building committee believes that the motion did not pass, and they can proceed with the building at 14 Route 202. Miss Case commented on the vote on August 14 may not be necessary if the vote at the previous special meeting still stands. The President of the squad is seeking counsel from someone certified in parliamentary procedure to resolve the issue.

Miss Case raised some concerns: 1) She felt that the actions of the building committee were insubordinate to the will of the vote. 2) There is no contract with details of the land swap available to the members. 3) At the special meeting ideas were discussed about what should go into the contract if a deal was made - an attorney was present at that time and made suggestions, but since the vote did not pass, no contract was struck. The attorney also recommended that a separate attorney should be hired by the landowner for negotiations. 4) The squad President has not seen or signed a contract for any land deal (swap or purchase). 5) The building committee is proceeding without a valid contract. 6) Miss Case has changed her mind about the move because of the cost and mortgage involved - she provided specific information on what she perceived the costs would be (i.e., she believes it would be $2,000,000 with a 25 year mortgage), while the building committee expects the mortgage to be paid in 10 years. While grants may be an option, Miss Case felt that the reality might be that it would be loans instead. At any rate, Miss Case believes that the mortgage "is a hefty price tag for the tax base to pay and be a burden to the residents of the response area." 7) In addition to mortgage costs, Miss Case reminded the governing body that costs for equipment, supplies, training, etc. would still be necessary. 8) Miss Case commented on economy changes with gas price increases, an expensive war going on, and federal funding cuts for infrastructure.

Miss Case continued by questioning the need for more space with a smaller member squad than in the past and less members using the building (i.e., over 40 in the past and around 20 or so now). She also stated that there is no auxiliary as there was in the past with no community events (i.e., pancake breakfasts, barbeques, etc.) taking place. She stated that morale has dropped in the last 3.5 years. She further stated that the numbers provided for calls may not be a true reflection, noting that they are still on dual alert with Squad 23 providing mutual aid and a lot of calls cancelled, eg. stand-bys, wires down, false alarms, etc.

Miss Case commented on hearing that if the squad doesn't get the building, they would not get LOSAP either. She felt that these were two separate issues. She agreed that LOSAP does attract and help keep members. She stated that she joined the squad to help, not for money - she joined to help friends and neighbors and the sick and injured. She also felt that the spirit would change if squad members were no longer volunteers.

Miss Case was not convinced that the squad has to move; she felt that repairs, renovations, and/or additions could be made to the present site, which is on donated land with a mortgage which was paid off. She was also advised that the squad would have to return 1,600 checks if the land deal fell through, which would be returned if donators wished. She felt that the existing building could be refurbished using volunteer labor. She spoke about the possibility of an addition at the current location, noting some concerns about the proximity of the Alexauken Creek; the water body is not the Alexauken Creek at all.

Miss Case concluded by stating that she was told that "the train was leaving the station," and her response was "bye bye," that she was a nineteen-year member of the squad, and that the current situation "is not nice." She commented on a "glossy picture" being painted by the squad, which was untrue. She was concerned with activities taking place without a contract or approvals.

Mr. Tatsch thanked Miss Case for her comments, noting that the Township Committee is not tied into squad decisions, although they are concerned and do provide financial assistance.

Ms. Machnik stated that there were never any comments by the governing body about tying LOSAP to the new building. Mr. Spiegel clarified that from his contact at the State, the Director of the Department of Community Affairs has to weigh in on the proposed LOSAP program, and if there is a move from the municipality where the program is implemented to another municipality, there may be some interest on the part of the state.

Bill Reiter, President of the Amwell Valley Ringoes Rescue Squad, commented while noting that he is also a taxpayer. He provided information on how long he has lived in East Amwell. He felt that keeping the squad in Ringoes is preferred and that the squad will never get the signal light at 14 Route 202 because it is too close to the existing light. He stated that it would be a longer traffic commute for local calls although shorter for Raritan calls.

Mr. Reiter spoke about the audit prepared for the squad, commenting that the projected mortgage of $8,200 would be closer to $9,000. He estimated the cost for building would be $500,000, and it would be cheaper to spend $200,000 to add to the existing station. He has spoken to the Zoning Officer and the Planning/Zoning Administrator Officer regarding building requirements. He proposed building a 48 foot, two bay addition to the west side of the building, and provided specifics. He stated that the majority of the squad does not want to move, and he commented on dissention and squad spirit at this time. Mr. Reiter felt that the public should be aware of the situation, and he further commented on a visit from a neighbor who threatened to sue him, and he noted he is receiving threatening phone calls from residents. He spoke about holding a vote to return money to donators; he spoke about using money to purchase beneficial equipment instead, and he spoke about deteriorating spirit among the members. On a question from Mr. Reiter, the governing body advised that the Zoning Board and the Planning Board/Zoning Board Administrator were able to answer his questions about development issues.

Mr. Tatsch noted that the Township Committee would be concerned about the degradation of response and loss of members. He stated that if there were any issues with which the Township could help, let either Mr. Matheny, Mr. Spiegel or the Mayor know. Mr. Tatsch noted that the Township Committee could offer sympathy and make inquiries to provide a reasonable amount of information while noting that the squad governs its own affairs.

A suggestion was made to put this issue on the next agenda for further discussion and get further documentation from the Rescue Squad. It was noted that soil tests were done on the new site, and a well has been drilled. Mr. Spiegel commented that some information from the squad was recently received.

Motion to close to the public was made by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously. Mr. Tatsch explained that additional comments would be heard at the second open to public session later in the meeting.

PUBLIC HEARINGS/INTRODUCTION OF ORDINANCES - None

SPECIAL DISCUSSION

RESIGNATION OF TOWNSHIP COMMITTEE MEMBER KURT HOFFMAN: The August 14, 2007 letter from Kurt Hoffman, stating his resignation was effective 12:00 a.m. on August 14, 2007, was acknowledged. Motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously to accept the letter with regret. Mr. Hoffman and his wife has left the area to live in West Virginia.

TEMPORARY APPOINTMENT TO FILL VACANCY UNTIL NEXT GENERAL ELECTION ON NOVEMBER 6, 2007 The East Amwell Democrat Association presented their August 16, 2007, letter, signed by Robert Wolfe, recommending three names for the temporary appointment to fill the vacancy until the November 6, 2007, election. The three names were Fred Gardner, Les Hamilton, and Patricia Cregar.

Ms. Machnik commented on being fortunate to have three highly qualified candidates to fill Mr. Hoffman's vacancy, which was not an easy achievement. Ms. Machnik nominated Patricia Cregar, stating that Mrs. Cregar has the experience and knowledge to perform the job responsibilities. Ms. Lenox seconded the motion.

Mr. Spiegel asked, for the record, when the Democratic Association met to discuss the appointment. There was no answer from Mr. Wolfe, in the audience. Mr. Spiegel asked that this question be put into the official minutes. Mr. Spiegel felt that it would be in the best interest of the public, since the individual would be elected to represent everyone, to interview the candidates; he noted that he had certain questions he would like to ask. Mr. Spiegel made the motion to interview the candidates; Ms. Kopen stated that there is currently a motion on the floor.

The motion to appoint Mrs. Cregar was carried with three affirmative votes and one abstention.

There was no second to Mr. Spiegel’s motion.

Mr. Tatsch said that the state regulations were being followed, and that an interview is not part of the required process, as outlined in the regulations.

Patricia Cregar was sworn into office by Attorney Kopen, and she took her seat on the dais.

Mrs. Cregar thanked her husband and her daughter for their support in coming with her to this meeting tonight. She added that she has no personal agenda, that she loves East Amwell Township, and that she is not political. Mrs. Cregar commented on retiring (as Municipal Clerk) in 2001, noting that she loved her job and did it well. She knows what is expected of the employees and the Township Committee, and she expected to "get on board quickly."

2006 AUDIT - DISCUSSION WITH AUDITOR CHARLES CASE Auditor Charles Case was present.

Mr. Case commented on the very good audit, noting that there will be some changes in next year's audit due to federal government regulations. Originally, he advised (at the audit exit conference) that there might be another layer of costs associated with having another individual to the audit review. This stems from the Sarbanes-Oxley Act, under which auditors cannot audit their own work. If the CFO is able to present the general ledger and all journal entries completely, the auditor can then complete the financial statement and have it signed by the CFO. Mr. Case will meet with Treasurer Luhrs in October or November to review journal entry and general ledger requirements, which includes information from the Tax Office, i.e., there is a need for better communication between the departments in specific recording areas. Mr. Case related to the governing body that Treasurer Luhrs "keeps a very good ledger." He believes that with additional time, she will be able to keep the entries up to date in late November or early December to process the audit; he stated that he will be available to assist as needed.

Mr. Case returned to the 2006 audit, stating that there were three minor points in the management letter, including outstanding grants to cancel balances and compliance reporting on the Local Public Assistance accounts. Mr. Case spoke briefly about the latter. Mr. Case directed the Township Committee to page 67, which shows a very good surplus ($752,000 in 2004; $783,000 in 2005; $772,000 in 2006) - a steady surplus is beneficial. Mr. Case also commented on the excellent tax collection rate of 98.7% in 2004; 98.1% in 2005; and 98.4% in 2006. This tax rate is consistent with rural municipalities, and he commented on differences in non-rural communities. He explained the importance of having a stable tax collection rate and its affect on the rate for uncollected taxes.

Ms. Machnik thanked Mr. Case for his explanation, and she suggested that Mr. Matheny ask the Treasurer to meet with the Local Public Assistance Director to discuss reporting compliance.

Mr. Tatsch also thanked Mr. Case, noting that December is a very busy time for the Treasurer. Mr. Case agreed, stating that if the journal entries are up to date by December 10, it would be helpful. He again stated that he would be available for the Treasurer for assistance.

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RESOLUTION #115- 07

GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT

WHEREAS, NJSA 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, the annual Report of the Audit for the year 2006 has been filed by a Registered Municipal Accountant with the Municipal Clerk of the Township of East Amwell as per the requirements of NJSA 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled Comments and Recommendations; and

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of the Audit, and specifically the sections of the annual audit entitled Recommendations, as evidenced by the group affidavit form of the governing body; and

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 – to wit:

R.S. 52:27BB-52 – “A local officer or member of a local governing body, who

after a date fixed for compliance, fails or refuses to obey an order of the director

(Director of Local Government Services), under the provisions of this Article,

shall be guilty of a misdemeanor and, upon conviction, may be fined not more

than one thousand dollars ($1,000.00) or imprisoned for not more than one year,

of both, in addition shall forfeit his office.”

NOW, THEREFORE, BE IT RESOLVED, that the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, hereby states that it has complied with N.J.A.C 5:30-6.5 and does hereby submit a certified copy of this resolution and required affidavit to said Board to show evidence of said compliance.

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.

SPECIAL COMMITTEE REPORTS

CABLE TV COMMITTEE UPDATE: Mr. Spiegel said that he would like to put something on the website to solicit comments from the public about their interests in cable television provisions, including channel realignment, inclusion of the horse channel, etc. He would like to leave a mailbox in the municipal building foyer for comments. He will also put something in the VIP.

Mr. Spiegel was also interested in having Comcast come to a Township Committee meeting. He thought that there might be an August closing between Patriot Media and Comcast, and he will call Comcast to find out if dates have been set. After the closing, the municipality can negotiate with Comcast. Mr. Spiegel commented on the potential to realign channels, noting that currently he only gets 5 channels on his home unit.

Mr. Spiegel spoke about the interaction between Verizon and Comcast, stating that this would not take place until after Patriot Media and Comcast close their deal. He reminded the governing body that under the state wide franchise, Verizon has to get permission to provide the governmental, educational and public access channels. He stated that the municipality can get three channels (as opposed to two), if they so desire. It will be important to determine which organizations get the channels.

Ms. Machnik asked if there was any feedback available for negotiations with Comcast. Mr. Spiegel outlined one of them, i.e., discounts for seniors on more than 10% of basic service. Mr. Spiegel will work on the VIP notice.

STANDING COMMITTEE REPORTS

BOARD OF ADJUSTMENT:

1) Resignation of Kathi Hoffman: Mrs. Hoffman's July 29 email of resignation from the Board was acknowledged. Motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously to accept the resignation with regret.

2) Board of Adjustment Appointments: Mr. Tatsch spoke with Chairman Peter Kneski regarding membership; Mr. Kneski supported moving Sue Posselt to the full seat vacated by Mrs. Hoffman because of her number of years of service. Motion by Ms. Machnik, seconded by Mrs. Cregar, and carried unanimously to move Sue V. Posselt to a regular seat expiring on 12/31/08, and to move Sherri Binder to the Alternate I seat expiring on 12/31/07.

HISTORIC PRESERVATION COMMITTEE

1) Resignation of Members: Letters of resignation from Ilona English (July 24), Judith Grow (July 24) and Nancy Feryok (July 25) were acknowledged. Motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously to accept the letters with regret.

A resolution of appreciation was offered.

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RESOLUTION #116 - 07

RESOLUTION OF APPRECIATION

WHEREAS, the Township Committee minutes of 1989 indicate a desire on the part of the Township to establish a Historic Preservation Committee to “…provide for matching grant funds, … preserve the architecture and character of our villages [which was] sadly neglected in zoning ordinances, and … also address issues relevant to the historic character of the valley and mountain areas….” and

WHEREAS, during 1989, Ilona English volunteered to serve on the newly created Historic Preservation Committee and has served consecutive terms since that time; and

WHEREAS, East Amwell Township adopted an ordinance in 1990, providing for the establishment of a Historic Preservation Committee as allowed in the Municipal Land Use Law and as presently defined in The Code of East Amwell Township; and

WHEREAS, under Ilona English’s leadership over the years on the Historic Preservation Committee, numerous state and federal applications and processing requirements have culminated in the creation of Historic Districts in Clover Hill, Reaville, Ringoes, New Market (Linvale & Snydertown), and Dawlis Mill/Spring Mills; and

WHEREAS, under Ms. English’s leadership, Highfields, which was once home to the Charles Lindbergh Family, was also added to the state and national Historic Registers; and

WHEREAS, throughout the years, Ms. English has shown great dedication and commitment to the preservation and protection of the history of our municipality in numerous ways, and with the assistance of the Historic Preservation Committee members, has contributed to the betterment of East Amwell Township by the following accomplishments, which is not an all inclusive list:

- Establishment of Historic Districts in the Township of East Amwell

- Keeping open the Township lines of communication between county, state, and

federal historic agencies

- Identifying and documenting historic buildings, barns, bridges, and cemeteries

- Preserving and archiving historic records, including the municipally owned

“Quick Collection”

- Working closely with former Township Committee Member Jack Balint in

negotiating and acquiring land and funding for the creation of the

beautiful Marion S. Clawson Memorial Park in the Village of Ringoes

- Championing grant applications through various state agencies on behalf of

East Amwell Township

- Hosting events, along with the Amwell Valley Heritage Society, for the public’s

enjoyment, such as historic seminars and historic barn and house tours

- Providing advice to the Planning Board, Board of Adjustment, and other

Township officials on historic matters; and

WHEREAS, as of August 1, 2007, Ilona English has tendered her letter of resignation from the Historic Preservation Committee, indicating her interest in pursuing other avenues; and

WHEREAS, Historic Preservation Committee members Judith Grow and Nancy Feryok also submitted letters of resignation at the same;

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 the residents of East Amwell, that Ilona English is now hereby recognized for her years of service and offered all best wishes in her future endeavors; and

BE IT FURTHER RESOLVED that members Judith Grow and Nancy Feryok also be recognized for their achievements; and

BE IT FINALLY RESOLVED that the governing body recognizes and commends all members of the Historic Preservation Committee for their dedication to the preservation of the history and artifacts of East Amwell Township.

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 to approve the resolution.

SPECIAL DISCUSSION, Continued

PRESENTATION BY NICHOLAS WARMINSKY - VETERAN'S MEMORIAL UPDATE

Eagle Scout Nicholas Warminsky was present at this time.

Mr. Warminsky related that his project is complete, and he explained the drip irrigation system he installed. (For the record, he previously met with the Department of Public Works Superintendent to explain the system.) Mr. Warminsky also spoke with his Scout Master, and he agreed that he will continue to provide maintenance to the site as a community service.

Mr. Tatsch said that he had an opportunity to look at the project this week, and he stated, "Nicholas, you did a really nice job, and it is a service to the Township." Mr. Warminsky was given a round of applause.

Mr. Tatsch provided a letter of completion for Nicolas to finish paperwork for the Eagle Scout Award. He will let the Clerk know when his ceremony is set.

STANDING COMMITTEES, Continued

HISTORIC PRESERVATION, Continued

2) Quick Collection & House Stabilization: Mr. Tatsch advised that he and Mr. Matheny met with the remaining members of the Historic Preservation Committee regarding matters of concern, including the Quick Collection. He explained that the items are stored in a climate- controlled unit at Lackland Storage, and Mr. Howell will take interested Committee members to see the materials upon request.

3) House Stabilization Process: Mr. Tatsch commented on considering all options for the Clawson House, and with input from the State Historic Preservation Office (SHPO), it is assumed that the municipality has the responsibility to restore the historic dwelling. Plans were prepared by Architect Terry Golda, and it was the intent to apply for grants. Mr. Golda subsequently reviewed the plans to cost save if the apartment considered for the second floor was removed - the reduction in cost would be approximately $140,000. At this time, no grants have been identified. Mr. Tatsch did speak with Dan Saunders at SHPO, and some grants may be pursued retroactively, i.e., the work could be done and grants could be used for reimbursement.

Mr. Tatsch continued by saying that the house is "in desperate need of emergency care," and there is $24,000 in the budget for stabilization of the building. Mr. Tatsch, Mr. Matheny, Ms. English, and Mr. Golda recently met to discuss options. Mr. Golda believes that it would be prudent to demolish the back shed, which was the kitchen to the house, to eliminate rainwater damage and vermin. He also suggested using plywood to protect the windows, and some roof work is necessary. Mr. Golda has agreed to prepare a proposal package under the bid threshold. Mr. Tatsch asked for concurrence from the governing body on this suggestion. Ms. Machnik and Ms. Lenox offered their support. Mr. Tatsch also spoke about difficulties in putting a tarp on the slate roof; the roof will be addressed as part of the proposal package.

Mr. Tatsch stated that there is an emergency stabilization grant of $10,000, for which the municipality will apply, given the duty of protecting the house.

Mrs. Cregar asked whether drainage work in the park would be addressed, stating that her husband walks the park daily and notices problems. Mr. Tatsch said that Mr. Matheny would be giving an update later in the meeting.

There was a concurrence of all governing body members to proceed with the stabilization of the house since there was funding in place.

4) Meeting with Architect Terry Golda to Discuss Rehabilitation Options: Mr. Tatsch asked the Clerk to set up a meeting with the Township Committee, the Administrator, and Mr. Golda to discuss house options. The meeting will take at least an hour, and it will not be part of a regular meeting.

FARMLAND/OPEN SPACE PRESERVATION COMMITTEE Present for this discussion were Chairwoman Glorianne Robbi and Vice Chairman Dick Ginman

1) Hay, B.21/L.16 & 16.01 Cost Share Agreement for Purchase of Development Easement: Mrs. Robbi asked that this be discussed in executive session since certified market values will be discussed, and the property owner is not privy to the information at this time.

BOARD OF HEALTH

1) Meszaros Property: The August 2007 letter from ERM, who is preparing the HDSRF application, requests a check in the amount of $500, payable to the New Jersey Economic Development Authority to accompany the application. Mr. Tatsch explained the remedial investigation/remedial action plan. The clean up may cost up to $200,000, and the grant for the work requires the application fee.

Motion by Mr. Spiegel, seconded by Ms. Lenox, and carried unanimously to authorize the $500 check for the NJ Economic Development Authority.

Other aspects of the land acquisition of this property will take place in executive session.

UNFINISHED BUSINESS

ROADS:

1) FY 2008 NJ DOT MA Program Application: (See July 19, 2007 Minutes for Background) Engineer Dennis O'Neal completed the grant application, which is in resolution form. He discussed the application with Department of Public Works Superintendent Howell, and the project scope is located on Back Brook Road. Ms. Lenox voiced her concern that any repairs to roads may encourage speeders.

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RESOLUTION #117- 07

(Attached to the original set of minutes)

By Order of the Township Committee,

____________________________

C. Larry Tatsch, Mayor

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Motion by Mr. Spiegel, seconded by Ms. Machnik, and carried unanimously to approve the resolution and application.

2) Intersection of Route 31 and Route 579 Development: Mr. Spiegel stated that he visited West Amwell Township to review the plans for WAWA being located on the south bound lane of Route 31 at the intersection of Route 579, across the street from the Quick Chek. The plans show 20 pumps on 5 islands with the exit from the pumps located on Route 579, directly across from the exit to the Quick Chek. The West Amwell Township Planning Board has not had any hearings yet, nor has the NJ DOT seen the plans. Mr. Spiegel recalled his discussions with the NJ DOT on the intersection light and directions at this location, and Committee members agreed that they should monitor developments at the site.

TOWNSHIP ADMNISTRATOR'S UPDATE

1) Status of DPW Employee Search: A recommendation of a candidate will be discussed in executive session.

2) Resignation of Deputy Clerk Pamela Aneskewich: The July 27 letter of resignation was acknowledged. Mr. Matheny explained that Ms. Aneskewich was an excellent employee with great skills and worked well with the staff; however, she was offered a position in her field (which was her first choice) with a substantial salary. She offered to fill in as a temporary employee for a two week period; however, it was agreed that it would not be necessary to do so. Motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously to accept the resignation with regret. The position is being re-advertised with the interview process to be repeated.

3) Municipal Court: Mr. Matheny commented on the excellent audit by WithumSmith & Brown. Additionally the excellent report on the Annual Court Visitation "speaks for itself." All agreed that Court Administrator Hooven "runs a tight ship."

4) Update on Clawson Park: The June 27 letter provided to the governing body was for background information purposes. Mr. Matheny explained that he is working with representatives from Makrancy Quality Landscape & Flowers, Inc. to iron out the punchlist. There are still some issues with an outstanding fee from Lord Worrell Richter for the septic design as built. DPW Superintendent Howell is looking into the washout areas at the park; paving is not the answer. The walking paths have no base, screen or fabric to prevent weeds, and ruts are caused by water flow. The flow would have to be diverted to eliminate the ruts. Some stones were placed in rutted areas to prevent continued erosion. Berms may be required in some areas.

Mr. Matheny continued by stating that Lord Worrell Richter should be responsible for the outstanding septic design bill.

All agreed that some engineering work might be necessary to address the drainage issues.

The restroom doors are now on electronic timers set for early morning opening and closing around 9 p.m. Locks are still on the doors for privacy. Mr. Matheny spoke about some problems with the timer being set incorrectly after installation; however, it is working correctly now.

5) Handex Request for Extension for Biennial CEA Certification: Mrs. Stahl noted that Handex has filed for the extension for preparing the report in order to get further well testing documentation. This information is provided as advice only.

6) Municipal Building Update: Mr. Matheny stated that the basement is slowly coming along. He has contracted with Architect Terry Golda for a minimal fee of $1,500 to provide a layout design, drawings, and specs for the reconfiguration of the upstairs; plans are expected to be prepared by the end of August.

7) HVAC Contract with Fras Air: The contract with Fras Air for maintenance is in place. The rate will be $90 per hour for billing, and the company will reduce a previous repair bill from $120 per hour to the lower rate.

8) Crosswalk Work by Hunterdon County at Route 579: Mr. Matheny explained that Hunterdon County Road Department cut back some trees, provided updated yield and crosswalk signs, and provided other advisory signs, as well as new striping on the road for more visibility. Mr. Tatsch commented on complaints from residents in the village area about traffic and the need to reduce traffic and speed. The County already did a study and determined that Route 579 is the major road rather than Route 179, and their interest is in moving traffic along, not necessarily slowing it down. Mrs. Stahl reminded the governing body that she is waiting to hear from the village residents about their concerns, and a meeting will be set up with local, county, and state representatives and concerned citizens.

9) Dog Census Taker: One-half of the census was completed by Lissa Richardson; however, Kathleen Dillard resigned her position in the early stages of the process. Ms. Richardson is unable to complete the other district. Motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously to authorize Mr. Matheny to hire another census taker to complete the work by the state deadline and pay the salary of $325 plus $500 for mileage.

10) New Jersey Leadership Program: Mr. Matheny has applications and literature about next year's session of this worthwhile leadership program. There are only 50 people chosen each year, and recommendations are necessary. The program involves issues affecting government, and it includes seminars and lectures by experts held at various locations around the state. The Clerk will provide applications to the Township Committee.

11) Chairs for the Dais: Mr. Matheny provided pricing information and literature on replacement chairs for the dais. Some discussion took place on the number of chairs needed for the largest board and professionals(15+/-), and the fact that the existing chairs, some in disrepair, lasted at least 14 years. Committee members came to a consensus that Mr. Matheny should consider the purchase of the Supra chair for the dais in a color and pattern to be determined as the color scheme for the renovation unfolds. All agreed that leather chairs were not suitable.

12) Solicitor Ordinances: (See July 19, 2007, Minutes for Background) Mr. Matheny and the Clerk are obtaining sample ordinances from other municipalities, and they will be presented at a future meeting.

DEVELOPER'S AGREEMENT AND PERFORMANCE BOND FOR INTEGRITY AUTO BODY, BLOCK 30/LOT 33.01

Mrs. Stahl explained that the owner's wife brought in a draft copy of the approved agreement with signature today, along with the performance bond, 10% cash, and inspection fees. A finalized copy will be prepared for formal signature.

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RESOLUTION #118- 07

BE IT RESOLVED by the governing body of the Township of East Amwell, County of Hunterdon, State of New Jersey, that the Mayor be authorized to sign the developer's agreement for Integrity Auto Body, Block 30, Lot 33.01; and

BE IT FURTHER RESOLVED that the performance bond, cash deposit, and inspection fees be deemed acceptable as provided.

By Order of the Township Committee,

______________________________

C. Larry Tatsch, Mayor

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Motion by Mrs. Cregar, seconded by Mr. Spiegel, and carried unanimously.

OPEN TO THE PUBLIC

Fred Gardner, 46 North Hill Road, apologized for not being at the meeting earlier during the discussion of the filling of the vacancy left by Kurt Hoffman. He stated that he was delighted and recognized that the governing body “made the best choice” in choosing Pat Cregar. He thanked Mrs. Cregar for her willingness to serve.

Andrea Bonette, 17 Ridge Road, congratulated Mrs. Cregar on her appointment. Mrs. Bonette made a recent OPRA request in which she reviewed the zoning logs, and she noticed that the Zoning Officer allowed new residents to establish a home office in the Sourland Mountain zone. She stated that home offices are a conditional use in the Sourland Mountain District, and she asked if someone would look into this, commenting on giving “cart blanche” approvals.

Mrs. Bonette asked about the easement files in the municipality, commenting that the matter of easement files came up again recently during some work being done by the Stormwater Ad Hoc Committee. She stated that the Clerk has a list of procedures for easement files on her computer, and the list is also on the previous Planning Board Administrator’s computer. She noted that the Office Assistant has an Excel file with easements in block and lot file, and there is more work to do. Ms. Machnik noted that Environmental Commission member Sue Parsons is looking into getting grant funding to work on an easement inventory.

Mrs. Bonette referenced the appointment process for vacancies, providing anecdotal information about the 1996 election and attempts to keep her off the list of appointments.

Mrs. Bonette mentioned reading the July 19, 2007, minutes about office morale, noting the “junk” comment by previous Township Committee member Hoffman, which was offensive to her. She asked the governing body a rhetorical question about how many of the staff regularly take prescription anti-depressant drugs.

Frances Gavigan, 123 Wertsville Road, stated that it was illegal to inquire about any use of medicines or even herbal teas by employees. She further commented that she believed that the morale of the staff is excellent, having witnessed the group working together. She noted staff efforts “to go above and beyond” and she felt that the Township was very fortunate to have Mr. Matheny’s skills, noting he was “well worth the money” and…in a farming community…”worth a tractor!”

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

UNFINISHED BUSINESS, Continued

RESOLTUION TO ENTER EXECUTIVE SESSION

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RESOLUTION #119-07

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 land acquisition, litigation, personnel matters, and to receive advice from the Township Attorney; 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

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

Motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously to take a five-minute recess before beginning executive session. Executive session began at 9:55 p.m.

The regular meeting resumed at 10:35 p.m., and Attorney Kopen left the meeting at this time.

FARMLAND/OPEN SPACE PRESERVATION COMMITTEE, Continued

1) (Continued) HAY, Block 21/Lot 16 & 16.01, Cost Share Agreement for Purchase of Development Easement:

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RESOLUTION #120-07

BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that they do hereby support the recommendation of the Farmland/Open Space Preservation Committee that East Amwell Township agrees to cost share on the purchase of development easements for Hay, Block 21/Lots 16 & 16.01 for 20% of the certified market value, as outlined in the August 13, 2007 letter from the Farmland/Open Space Preservation Committee; and

BE IT FURTHER RESOLVED that a copy of this resolution be provided to the Farmland/Open Space Preservation Administrator for distribution as necessary.

By Order of the Township Committee,

__________________________

C. Larry Tatsch, Mayor

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

TOWNSHIP ADMINISTRATOR'S UPDATE, Continued

1) DPW Employee, Continued: The appointment for this position was discussed at length in executive session.

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RESOLUTION #121 - 07

BE IT RESOLVED by the Township Committee of East Amwell Township that Jason Silverthorn is hereby appointed as a probationary employee for a six month period from the start date, with a proposed start date of the first scheduled work day after September 1 or sooner, if his current work schedule allows, with the appointment subject to satisfactory drug screening results; and

BE IT FURTHER RESOLVED that the 2007 Salary and Wage Ordinance be amended as follows:

Name and Position Salary/Compensation

DPW Employee Silverthorn $19.25/hour

By Order of the Township Committee,

___________________________

C. Larry Tatsch, Mayor

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

Mr. Matheny will have Mr. Silverthorn come to an up-coming meeting to introduce him to the governing body. Mr. Matheny also thanked Mr. Spiegel for his input during the interview process.

NEW BUSINESS

INTERLOCAL AGREEMENT FOR SOUTH COUNTY DEFERRED COMPENSATION PLAN

The inter-local agreement, as explained in an email from the Treasurer, is presented as a shared service for the currently approved deferred compensation plan. East Amwell is the lead agency, and if the group grows, members can gain higher yields. Mr. Matheny agreed that shared services were beneficial.

Ms. Kopen reviewed the resolution, and she offered two corrections for clarification: on the fourth to the last paragraph, first line, add “latest” after “this agreement shall be the”; on the third to the last paragraph, second line, add “in writing” after the word “notifies.”

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RESOLUTION #122-07

INTERLOCAL AGREEMENT BETWEEN EAST AMWELL TOWNSHIP, WEST AMWELL TOWNSHIP, HOPEWELL TOWNSHIP AND DELAWARE TOWNSHIP TO BE KNOWN AS SOUTH COUNTY AND POOLING OF RESOURCES INTO A LINCOLN LIFE INSURANCE COMPANY 457 (b) DEFERRED COMPENSATION GOVERNMENTAL PLAN

THIS AGREEMENT is made on this 16th day of August, 2007 between the following parties: East Amwell Township, West Amwell Township, Hopewell Township and Delaware Township.

WHEREAS, all parties to this agreement deem it appropriate and necessary, and in the best interest of the employees of each respective municipality subject to this agreement to pool its resources (contributions); and

WHEREAS, each municipality party to this agreement has adopted Lincoln National Life Insurance Company as its 457 Deferred Compensation Plan provider and has received written approval from the New Jersey Division of Local Service, Department of Community Affairs that its 457 Deferred Compensation has been approved; and

WHEREAS, Lincoln National Life Insurance Company will make available its Multifund Group Contract to employees participating in their respective municipalities’ 457 (b) Deferred Compensation Plan; and

WHEREAS, Lincoln National Life Insurance Company shall consider remittances from all parties to this agreement in aggregate; and

WHEREAS, each municipality will be considered an individual remitter and will deal directly with Lincoln National Life Insurance Company; and

WHEREAS, each municipality will retain ownership of plan assets for its respective employees’ contributions; and

WHEREAS, each municipality will receive its own summary reports from Lincoln National Life Insurance Company; and

WHEREAS, each employee participating in the plan will receive their own quarterly statement detailing the balances, contributions and all other plan activity from Lincoln National Life Insurance Company. If an individual works for and contributes to more than one participating employer plan, that individual will have more than one account and will receive a quarterly statement for each account.

NOW THERFORE BE IT RESOLVED, in consideration of each municipality that is party to this agreement having consented to the pooling of its resources (contributions), Lincoln National Life Insurance Company will reduce Mortality and Expense Charges from 1.002% to .75% to plan participants once the aggregated account value for South County is equal to or in excess of $5 million dollars. The reduced charges will be effective no later than the calendar quarter-end valuation date following the end of the calendar quarter in which the contract becomes eligible for the lower charge; and

BE IT FURTHER RESOLVED, in an effort to accumulate assets to meet the objective of reduced charges, the municipalities subject to this agreement will entertain the possibility that other eligible municipalities in the surrounding area may join South County’s Group 457 Deferred Compensation Plan; and

BE IT FURTHER RESOLVED, that the effective date of this agreement shall be the latest date upon which each of the individual municipalities subject to this agreement passed a resolution approving and signing this interlocal agreement which appears in the first paragraph of this agreement; and

BE IT FURTHER RESOLVED, that this interlocal agreement shall continue to be effective in perpetuity unless any municipality subject to this agreement, in writing, notifies Lincoln National Life Insurance Company and the other municipalities subject to this agreement of its intention to terminate its inclusion in South County; and

BE IT FURTHER RESOLVED, that this interlocal agreement constitutes the entire agreement between the parties and shall not be modified, except in writing; and

BE IT FURTHER RESOLVED, that this interlocal agreement shall be sent to the Director of Local Government Services for approval and it shall not be deemed effective or binding without the approval of the Director.

By Order of the Township Committee,

______________________________

C. Larry Tatsch, Mayor

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

STANDING COMMITTEES, Continued

HISTORIC PRESEVATION COMMITTEE, Continued:

5) Appointments for Historic Preservation Committee & Continued Meetings: Mr. Tatsch explained that candidates are being solicited for the Committee, with one applicant having already submitted a letter of request to serve. Mr. Tatsch felt that it would be appropriate to wait until other candidates are available and interview & appoint at one time rather than make appointments one seat at a time.

Mr. Tatsch said he advised the Historic Preservation Committee members at their recent meeting that a representative from the Township Committee would attend their next regular meeting (i.e., scheduled for August 28, 2007). Mr. Hoffman was their Liaison, and Mrs. Cregar agreed to attend the next meeting as the Liaison.

Mr. Tatsch commented on the concerns raised at the recent meeting, including poor communication, concerns about the moving of the Quick Collection to the storage unit, and questions about budget cuts. Mrs. Cregar referred to Ms. English’s comments in her letter of resignation, and asked if the Historic Preservation Committee was notified about the move. Some discussion took place between the Township Committee members with regard to packing and moving of the materials from the basement. Mr. Spiegel explained in detail the use of special boxes for historical material storage, noting he found the climate controlled facility in Flemington. Further comments were made about making sure that the proper unit was secured for the important documents.

Mr. Tatsch commented that actions taken were done appropriately, noting that there are always ways to “do it better.” He spoke of miscommunications in the past, but he felt that it is important to work together going ahead, and he appreciated Mrs. Cregar’s offer to work with the Historic Preservation Committee.

NEW BUSINESS, Continued

AMWELL VALLEY FIRE COMPANY A.B.C. SPECIAL EVENTS LICENSES The Fire Company presented two applications for special event permits for the Harvest Fest on September 8 with a rain-date of September 9, 2007, and a second one for a fund raiser on September 22 with a rain-date of September 23, 2007.

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RESOLUTION #123-07

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 Special Permits for social affair events being granted to the Amwell Valley Fire Company (Club License #1008-31-002-01) from the New Jersey Division of Alcoholic Beverage Control for the following events:

Saturday, September 8, 2007 with a Rain Date of September 9, 2007

Saturday, September 22, 2007 with a Rain Date of September 23, 2007.

By Order of the Township Committee,

____________________________

C. Larry Tatsch, Mayor

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

REQUEST FOR CATEGORY 1 PROTECTION LETTER FOR PORTIONS OF STONY BROOK.

Ms. Machnik read a prepared statement, as follows: “Back in the spring, the DEP announced a water quality initiative that identified more than 900 miles of waterways and 1300 acres of reservoirs that merited special protection against future degradation from the negative impacts of development or the discharge of pollutants. The potential benefits associated with this additional protection include safer drinking water and cleaner habitat for rare species of wildlife. The DEP was looking for comments on the proposed amendments associated with that initiative and the comment period was extended to August 20th.

“The special protection involved is the Category One designation, which is the state’s highest level of water quality protection and ensures that the good or high quality of water in designated waterways is protected and maintained in order to continue to provide clean water and/or support rare species.

“The Stony Brook was one of the waters selected for the C-1 designation, specifically the lower portion of it in Hopewell Township & extending toward the canal in Princeton. This was due to the discovery of the presence of rare freshwater mussels, which is also an indication of the current high quality of the water.

“The Regional Stormwater Management Plan Committee (RSMPC) has been researching the Sourland Mountain Watershed area with the goal of developing a set of regional stormwater management plan recommendations. East Amwell is the lead agency and Princeton Hydro is providing the technical expertise on the project, which is grant funded.

“The Stony Brook represents about 32% of the project’s watershed study area. So it was suggested during the discussion of endorsing the state’s recommendation for C-1 status for the lower Stony Brook that the headwaters of the Stony Brook, which are mostly in East Amwell, be included in the C-1 recommendation. The data that PH has been gathering during the project make a good case for extending the C-1 recommendation.

“As a result of that discussion at the June RSWMPC meeting, a draft recommendation letter was written for all participants to review with their respective agencies/municipalities. Since that meeting, the draft recommendation was included on the EC’s July agenda and they unanimously endorsed it on the basis of its contribution to preserving water quality and important wildlife habitat.

“At the July 30^th RSWMPC meeting, it was found that only 3 participants had endorsed the recommendation: our EC, the Montgomery Township TC, and the Sourlands Planning Council. The Stony Brook-Millstone Watershed was going to submit their own letter. There were a variety of reasons for members not being able or willing to endorse the recommendation at that point in time; the comment period closes on 8/20 and some were not able to review with their member agencies in time; while others did not support it as written. So, it was decided that each participating group would act independently on the letter instead of it coming from the collective RSWMPC with EA as the lead signature.

“So, the point we’re at here is that we have several options:

1) Consider endorsing the C-1 designation for the lower portion and headwaters of the Stony Brook

2) Consider endorsement of the C-1 designation for just the lower portion

3) Consider reiterating an endorsement made in 2003 to designate only the portions in public or preserved land:

Excerpt from Mayor Andrea Bonette’s 2/17/03 letter to the NJDEP Division of Watershed Management:

“…East Amwell is very interested in supporting the state’s efforts to ensure protection of our valuable water resources. …

To that end, and in response to Commissioner Campbell’s invitation for additional nominations of waters for C-1 designation to be submitted by February 17, East Amwell Township nominates the following headwater stream segments which are located in either conservation easements or publicly owned land and pass through an Environmentally Sensitive State Planning Area, a Forested and Wetland Land Use Area, and /or a NJ Landscape Project Rank 4 Critical Forest Habitat.