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 7:30 p.m. Present were Mayor C. Larry Tatsch, Deputy Mayor Kathleen Machnik, and Committee members Richard Spiegel, Linda Lenox, and Patricia Cregar. Township Administrator Timothy Matheny and Attorney Richard Cushing 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 September 11, 2007.

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

AGENDA REVIEW

There is an item under the Township Administrator's Report to Appoint a Deputy Clerk. Immediately after agenda review, a brief Executive Session will take place in order for the Township Committee to meet the candidate and discuss employee issues.

Under Special Discussions, item 8B, add the 9/13 email from Jason Read with a legal opinion regarding the Amwell Valley Ringoes Rescue Squad; Under Special discussions, regarding the three bid awards, add the 9/12/07 Letter from Engineer Dennis O'Neal re: 2007 Bituminous Road Material Award and the 9/13/07 Letter from Attorney Judith Kopen on Bids; Under Standing Committees, add Item D. Planning Board, 9/12/07 letter of Resignation from Emmerson Bowes; Under Correspondence, add the 9/12 memo from F/LOSP re: Creation of Wet Meadow at Clawson Park and the 9/12 email re: Smart Growth Visioning Sessions, including a meeting at East Amwell Township on October 1, 2007 at 7 p.m.

MOTION TO ENTER EXECUTIVE SESSION TO DISCUSS PERSONNEL

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RESOLUTION # 129-07

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

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

WHEREAS, the governing body of the Township of East Amwell wishes to discuss personnel issues and meet with a candidate for the Deputy Clerk's position; and

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

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

By Order of the Township Committee,

___________________________

C. Larry Tatsch, Mayor

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Motion by Mrs. Cregar, seconded by Mr. Spiegel, and carried unanimously to enter executive session.

Executive session began at 7:33 p.m.

The regular meeting resumed at 7:45 p.m. on a motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously.

ANNOUNCEMENTS

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

APPROVAL OF MINUTES

August 16, 2007 Regular Minutes were approved on a motion by Mr. Spiegel, seconded by Ms. Lenox, and carried unanimously with one minor correction on page 6.

August 16, 2007, Executive Minutes were approved on a motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously. Mr. Tatsch stated that he had two minor corrections which will be discussed in executive session.

September 4, 2007 Special Minutes (Clawson House) were approved on a motion by Ms. Machnik, seconded by Mrs. Cregar, and carried unanimously with a correction on page 2, paragraph 8, line one, change "building upstairs instead of downstairs" to read "building the library and meeting room upstairs."

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

Motion by Ms. Machnik, seconded by Ms. Lenox, and carried to open to the public for comment.

Frances Gavigan, 123 Wertsville Road, commented on dangerous road conditions in the municipality, including the intersection of Route 579 and Route 31, commenting on a pile of stone in the middle of the road, which stopped traffic for a period of time. She asked for better police enforcement in the township or the possibility of setting up speed traps. She urged motorists to be careful. Mr. Tatsch commented on attending a meeting early in the year, when the issue of over-sized trailers using Route 202/31 was discussed. The NJ DOT Commissioner, at that time, stated that there was very little that could be done about it. Ms. Gavigan asked about having a petition and a letter to send to the Governor to intervene to protect the rural character of the Township. Mr. Tatsch spoke again about the meeting he attended, and traffic studies would be necessary for the DOT to consider any changes. Mr. Tatsch agreed that the governing body would be open to any initiative.

Mr. Spiegel commented on working with Senator Lance over the last 1.5 years to look into traffic concerns at Route 579 and Route 31. He commented that the NJ DOT did not recommend any changes because traffic counts did not warrant it and there were no serious accidents. He commented on difficulties in getting NJ DOT action.

Andrea Bonette, 17 Ridge Road, commented on a Planning Board notice, noting the official newspaper is the Hunterdon County Democrat. She read the Township Committee reorganization minutes about the Star Ledger and the Trenton Times being the daily newspapers. She urged that if a daily newspaper is used, advertisements be placed in both newspapers.

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

INTRODUCTION OF ORDINANCES/PUBLIC HEARINGS

Introduction of Ordinance:

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TOWNSHIP OF EAST AMWELL

ORDINANCE 07-14

AN ORDINANCE TO PROVIDE A SUPPLEMENTAL APPROPRIATION OF $25,000 TO PROVIDE ADDITIONAL FUNDING FOR VARIOUS RENOVATION PROJECTS AT THE MUNICIPAL BUILDING AS GENERAL IMPROVEMENTS FOR THE TOWNSHIP OF EAST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $25,000 WHICH INCLUDES AN APPROPRIATION OF $25,000 FROM THE CAPITAL IMPROVEMENT FUND

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF EAST AMWELL IN THE COUNTY OF HUNTERDON, NEW JERSEY, as follows:

Section l. The improvement described in Section 2 of this ordinance is hereby authorized as general improvements to be made or acquired by the Township of East Amwell, New Jersey. For the said improvements or purposes described in Section 2, there is hereby appropriated the supplemental amount of $25,000, such sum being in addition to the $65,000 appropriated therefore by ordinance #06-23 of the Township finally adopted on October 25, 2006, said sum being inclusive of all appropriations heretofore made therefore.

Section 2. The improvement heretofore authorized is various renovation projects at the Municipal Building which shall include but not limited to radon remediation, the elimination of water infiltration and moisture in the basement of the Municipal Building, purchase and installation of carpeting and general construction in the basement, office areas and meeting rooms and professional services related to this project as described in ordinance #06-23 of the Township finally adopted on October 25, 2006,including all costs necessary therfor or incidental thereto.

Section 3. It is hereby determined and stated that the undertaking of the aforesaid work, acquisition or improvements is not a current expense of the Township of East Amwell, but rather a capital expense and the East Amwell Township's estimated cost of said work, acquisition or improvement is $90,000, including the $65,000 appropriated by ordinance #06-23 of the Township finally adopted October 25, 2006 and the $25,000 appropriated herein.

Section 4. The supplemental sum of $25,000.00 is hereby appropriated for said purpose. The funding is provided by appropriating $25,000.00 from the Capital Improvement Fund of the Township of East Amwell for said purpose as required by law and now available therefore in one or more previously adopted budgets.

Section 5 No debt of any kind is authorized for this undertaking.

Section 6 This ordinance shall take effect immediately upon adoption according to law.

By Order of the Township Committee,

_______________________

C. Larry Tatsch, Mayor

Attest:________________________

Teresa R. Stahl, RMC/CMC

Introduced:

Adopted:

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Mr. Tatsch explained that the ordinance will increase the amount for renovation projects at the municipal building, and the money was budgeted, based on discussions earlier this year.

Motion by Ms. Machnik, seconded by Mr. Spiegel, and carried unanimously to introduce Ordinance 07-14.

The Ordinance will be published in the September 20, 2007, issue of the Hunterdon County Democrat, and the public hearing is set for the regular Township Committee meeting to be held on October 11, 2007, at 7:30 p.m.

Public Hearing:

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AMENDMENT TO THE 2007 OPEN SPACE TRUST HEARING - September 13, 2007

Purpose: as designated by N.J.S.A. 12-15.7, the tax may be used for acquisition of lands for recreation and conservation purposes, development of lands acquired for recreation and conservation purposes, maintenance of lands acquired for recreation and conservation purposes, acquisition of farmland for farmland preservation purposes, historic preservation of historic properties, structures, facilities, sites, areas or objects for historic preservation purposes, payment of debt service on indebtedness issued or incurred by a municipality for any of the purposes above. During the budget process each year, a public hearing is held on the allocation of funds raised by the open space tax.

The 2007 Open Space Trust Fund was approved on March 22, 2007, and amended on June 28, 2007, for use for the following:

$123,000 Township Park Maintenance (Maintenance of Lands for Recreation & Conservation)

- $15,000 for a Pole Barn at the Marion S. Clawson Memorial Park

- $40,000 for park maintenance

- $48,000 for a mower for municipal fields

- $20,000 for a water supply and irrigation system for the soccer

fields at the East Amwell Township School

$184,250 Down Payments & Soft Costs (Acquisition of Lands for Recreation & Conservation)

Total Open Space Trust Fund: $307,250.

The proposed amendment is to reduce the $184,250 Down Payments & Soft Costs (Acquisition of Lands for Recreation & Conservation) by $30,000, and add a new line item for $30,000 for Costs Associated with the Clawson House Rehabilitation Project.

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Mrs. Stahl explained that the public is allowed the opportunity to comment on the annual Open Space Tax Fund, which was adopted on March 22, 2007, and previously amended on June 28, 2007, to include an extra $18,000 for the purchase of a park mower. The amendment tonight will reduce the $184,250 in Down Payment & Soft Costs to $154,250, and a separate line item will be added to place $30,000 in the Fund for Costs Associated with the Clawson House Rehabilitation Project, including funding to cover the costs for the preparation of revised plans for the Clawson House and the possibility of future bonding. Mr. Tatsch noted that bonding may or may not go forth, depending on the decision to apply for grants. By allowing the change in the Open Space Trust Fund, there would be down payment funding if bonding goes forth.

Motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously to open to the public for comment on the amendment.

There being no comments from the public, motion was made by Ms. Lenox, seconded by Mr. Spiegel, and carried unanimously to close to the public.

Motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously by roll call vote to approve the amendment to the Trust Fund: Mr. Spiegel, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Ms. Machnik, yes; Mr. Tatsch, yes.

SPECIAL DISCUSSIONS

INTRODUCTION OF NEW DEPARTMENT OF PUBLIC WORKS EMPLOYEE JASON SILVERTHORN Jason Silverthorn was introduced to the governing body and the public, noting that he recently started with the Department, on September 4, 2007. On behalf of the Township Committee, Mr. Tatsch congratulated Mr. Silverthorn on his appointment and welcomed him to our community. Pleasantries were exchanged.

DISCUSSION WITH REPRESENTATIVES FROM THE AMWELL VALLEY RINGOES RESCUE SQUAD REGARDING NEW BUILDING PLANS AND LOSAP (See past minutes for background). Present for the squad were Chief Jason Read and members David Bausmith and Alex Latanzio. Other members were seated in the audience.

Mr. Tatsch congratulated Mr. Read on his recent success on his Olympic quest.

Mr. Bausmith stated, as members of the building committee, they were concerned with some comments made at the recent Township Committee meeting regarding the squad plans, and he apologized for the "spill over" into the government forum. The squad appreciated the opportunity to clear up any misinformation presented at the last meeting.

Ms. Lenox was also concerned as a resident about the squad's plans, which were not clear to her. Mr. Spiegel asked if by-laws were followed by the squad. Mr. Bausmith said yes, that there was a valid vote, and he believed that the confusion was due to interpretation by some of the members. Mr. Bausmith explained that for a motion to pass, the majority must vote affirmatively. He further explained that the squad is using Roberts Rules of Order, the 10th edition. He also stated that parliamentary procedures are not an explicit set of rules, but a framework to guide. He commented also on checking with a parliamentarian on some questions.

Mr. Tatsch commented on the email provided by Mr. Read with the legal opinion, and he was satisfied that rules were followed.

Ms. Machnik stated that her concerns, although she noted they were not a township involvement, revolved around the volunteer squad, who are not "on the same page." She commented on the services provided by the squad, the expense of a major project, and the misunderstandings and internal communications of the squad. She hoped that the situation would not impact services. Ms. Machnik urged the building committee to collaborate and coordinate with the members to come to a mutual understanding on the financial stakes involved so that the public will feel more secure. She urged the squad "to come together."

Mr. Tatsch said he agreed with Ms. Machnik's comments, and he asked if there was a contract for the squad. Mr. Read explained that there is a draft contract being worked on by Attorney Archie Reid for the squad and Attorney Tom DiBianca for the property owner, Mr. Carmen. The draft has been in progress since May 2007.

Mr. Read stated that the squad "is a big family" with 42 members, and 95% of the time they get along. He stated that all members put aside their differences when on call and perform their assignments appropriately. He apologized that the squad's concerns "spilled over to the Township forum." Mr. Read wanted to make the following clarifications: the squad is not losing members - in fact, 10 new members recently joined with 5 already enrolled in EMT classes and 3 more to start in January; last year they met 99.8% of their calls, and the squad backs up Stockton, Lambertville, and Hopewell; their squad is only one of the few all volunteer squads who can handle multiple calls simultaneously.

Mr. Read further stated that the campaign has been going on for 3.5 years, and it would not be uncommon to have some unrest during that time due to the large nature of the project. He commented on the project scope and on time constraints in getting NJ DOT and NJ DEP permits (which have been obtained). Mr. Read noted that all permits have been received except for building permits. The squad has raised $370,000 since the campaign began, and he noted the importance of grassroots campaigns. Mr. Read spoke about financial forecasts, which differentiate based on interest and federal figures. He stated that various banks have been contacted, including Yardville, Hopewell Valley Community Bank, Gladstone-Peapack, and Commerce. Local contractors will be utilized, including Rampart Construction, and Advanced Solar Projects. He stated that the squad survived for 50 years, and he felt that the new building will enable the squad to serve for fifty years or more to come. He commented on the new members being probationary members.

Mr. Read said that the DOT permit to change traffic signals would enhance response times. Mr. Read also spoke about the Roberts Rules of Order interpretation, the required vote, the opinion of their attorney, and an opinion by an expert on the real estate vote. Mr. Read concluded that some of the members were not cognizant of banking negotiations taking place and may have relayed misinformation to the public. He stated that an affordable bank loan would be sought. The suggestion made by other squad members about expansion at the current facility might take two to three years and cost $1.2 million dollars; Rampart Construction is ready to break ground in October and have the new building ready in early June 2008.

Mr. Tatsch thanked the members for coming this evening, stating that the Township Committee's interest was in providing financial assistance over a course of five years to provide a top quality rescue squad and facilities to meet its needs. He urged all parties to iron out their differences and concerns, and he suggested that the membership develop a mutual understanding.

Margaret Case, 106 John Ringo Road, spoke about the by-laws of the squad, commenting on the version of Roberts Rules of Order used in January; she read a specific excerpt of that version on real estate transactions. Miss Case said that the first land contract vote went down, and the squad never voted on building on the property.

Miss Case continued by stating that the new members are 16 and 17 years old, that these members will probably go off to college after EMT training, and if they can afford it, they will come back and perhaps serve the community. Miss Case talked about financial sacrifices she has made to serve the squad and community. She again commented on the vote for a contract, stating that a vote to build was never taken, and she did not know what else to do. Miss Case said that she hoped that there is coverage and wondered what kind of membership the squad will have to proceed, stating some members may not be going to the new location.

Mr. Tatsch commented that all squad members should understand what is taking place within its own organization. He asked for regular updates on the land acquisition. Mr. Read agreed that the squad would keep the public "up to speed."

Mr. Bausmith stated that there is a legal opinion, that the squad believes that the vote is valid, and the statement that the squad is losing members is categorically false.

Mr. Tatsch thanked the squad for the update.

Mike Demsey, a new member of the squad, alluded to the National Rifle Association's position on the right to bear arms, stating that squad members are seeing only one part of a paragraph about the "majority" requirement in Robert's Rules. He recommended that members read the minutes that "it is a done-deal" and move forward.

BID AWARDS Attorney Judith Kopen provided her 9/13/07 email with recommendations for all three bids listed below.

AWARD OF BID FOR PURCHASE OF MOWER FOR USE ON PARK AND OPEN SPACE AREAS.

Two bids were picked up and returned for the purchase of 10.5 foot deck mower for the park area, Cammps Hardware & Lawn Products, Inc., 2168 Route 206, Belle Mead, NJ 08502, in the amount of $42,910.00 and Storr Tractor Company, 3191 Route 22, Branchburg, NJ 08876 in the amount of $52,998.00. The Storr Tractor Company bid had an alternate bid for a demonstration unit for $43,572.00. Ms. Kopen noted that the Cammp bid for a John Deere model did not meet specifications. The Storr Tractor bid for the Toro mower did meet the specifications without exceptions; however, it exceed the amount in the budget. The alternate bid on the same document for a demo model was within the budget; however, it did not qualify because alternate bids were not allowed in the same bid package.

Mr. Spiegel commented on the new government definition of liaisons in terms of when he was able to see the bids. He commented on his inability to review the bids earlier to discuss the fairness of the bids, and commented on the process.

Motion by Ms. Machnik, seconded by Ms. Cregar, and it was carried unanimously to reject both bids for the park mower because the low bidder did not meet specifications and the other bidder was over the bid amount and the alternate bid on his form did not comply with bid requirements.

AWARD OF BID FOR 2007 ROAD OVERLAY PROJECT

There were seven bid packages picked up from Hopewell Valley Engineering for the project, and five of the seven vendors provided bids. (For the record, Trap Rock Industries did not bid, and Penaloza/Calderone arrived at the bid opening six minutes after the opening.) The remaining bids were as follows: Intercounty Paving Associates in Hackettstown bid $217,945; Top Line Construction Company in Somerville bid $218,750; Renda Roads in Whitehouse bid $209,825; Mannon Excavating in Flemington bid $200,200; Schifano Construction in Middlesex bid $198,275, Ms. Kopen's 9/13 letter advised that the Schifano bid was acceptable. Engineer Dennis O'Neal also recommended the award to Schifano Construction in his 9/7/07 letter.

Mr. Spiegel commented on having no input on this bid process. He felt that the taxpayers were being put at disadvantage by contracting for work in October, stating that awards should be made in May. He provided information he was familiar with regarding the oil index market, stating it would be 10% cheaper to do the work earlier in the year. He also felt that by doing work in fall, leaves would mix with the asphalt during application. He expressed his concern about the bid process. He voiced his concerns about the bid process.

Mr. Matheny commented on the cost being lowered than anticipated, including being lower than work done in 2002. Mr. Spiegel stated that oil prices were $60 per barrel rather than $78-80 back in 2002. Mr. Spiegel again stated that he felt it was disadvantageous to award this late in the year and incurring an additional 10% of final cost, which may have been reduced in the spring.

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RESOLUTION #130-07

BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that the governing body does hereby award the following contract, based on the 9/13/07 certification of availability of funds from Treasurer Luhrs:

Schifano Construction Corporation

One Smalley Avenue

P. O. Box 288

Middlesex, NJ 08846

In the amount of $198,275

For the 2007 Road Overlay Project

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.

Mr. Tatsch agreed that personnel turnover this year might have influenced the bid process; he agreed that further improvements may be made next year in the process.

AWARD OF BID FOR 2007 BITUMINOUS ROAD MATERIALS

Two bid packages were picked up, and both vendors bid the project: Flemington Bituminous Corporation, 205 Pennsyalvania Avenue, Flemington, NJ 08822 in the amount of $41.15 per ton for up to 820 tons of HMA Surfa e Course, Mix I- 4 with a maximum amount of $33,743, and from Trap Rock Industries, Inc., P. O. Box 419, Kingston, NJ 08528 in the amount of $44.50 per ton with a maximum amount of $36,490 if up to 820 tons are purchased.

The 9/13 letter from Engineer Dennis O'Neal recommended the award to Flemington Bituminous. Ms. Kopen's 9/13 letter listed concerns about the public contractor registration, which was discussed with the State Contract's Office; Ms. Kopen also concluded that the award to Flemington Bituminous was acceptable.

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RESOLUTION #131-07

FLEMINGTON BITUMINOUS

205 Pennsylvania Avenue

Flemington, NJ 08822

In the amount of $41.15 per ton up to $33,743 maximum

For the purchase of 0 - 820 tons of Bituminous material

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.

SPECIAL COMMITTEE REPORTS - None

STANDING COMMITTEE REPORTS

FARMLAND/OPEN SPACE PRESERVATION:

1) Appointment of Seat Vacated by Kurt Hoffman: Mr. Tatsch explained that the seat is the Mayor's or Mayor's designee, and he would like to recommend Patricia Cregar to the position. Motion by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously to appoint Mrs. Cregar. Mrs. Cregar commented on attending the F/LOSP Committee meeting on 9/10/07.

BOARD OF HEALTH:

1) Outdoor Burners: Mr. Tatsch spoke about issues discussed by the Board of Health on this type of device heavily sold to the public. He provided specifics about the system, including the fact that there is no catalytic combustor, which allows more particles and smoke to escape. Mr. Tatsch commented on use in New England States where pollution is a big problem and may cause road hazard conditions (i.e., smoke visibility issues). The Board of Health is concerned about the problems with the burners, and they are discussing options, such as ordinances and educating the public. There is a Board of Health information sheet with factual material, which was researched, and this will be mailed in the fall newsletter.

Mr. Spiegel knows a resident who has had a burner for nine years and has heard no complaints. Mr. Tatsch said the Board had concerns, not complaints; there was a concern that a number of residents in a small location, such as the village, decided to purchase the units. Mr. Spiegel referenced the Planning Board minutes with an opinion from Attorney Norman (for which the Township paid over $500) - he stated that the burners could not be regulated, and if there was a problem, the course of action is a municipal court nuisance or if a health problem, a Board of Health issue. The units, if placed, must meet setback requirements and are subject to the Uniform Construction Code permit and inspection requirements. Mr. Spiegel cautioned about over-restricting the use of the burners and thus affecting the ability of seniors, farmers, and others from more economical ways to heat their homes.

Ms. Machnik commented on the Planning Board Attorney's opinion, and she agreed that it was important to educate the public via the newsletter on a separate flyer. She believed that the public would look at all aspects, i.e., a cheaper alternative than oil, but a possible pollutant with health and safety issues.

2) Meszaros Property: Mr. Tatsch commented on a recent letter from the NJ DEP approving the remedial investigation for the property, and the NJ Economic Development Authority (EDA) is providing a $202,444.00 grant, which includes $18,404.00 in oversight costs. The NJ EDA has been authorized to disburse $184,040 at the time of grant closing to East Amwell Township to conduct the Remedial Investigation. Mr. Tatsch commented on the positive progress on this matter.

ENVIRONMENTAL COMMISSION:

1) Fall Newsletter Request for Articles: Mrs. Stahl stated that she will include a request for volunteers for boards and commissions in the newsletter. She will ask interested parties to respond by November 8, based on letters being sent to committee/board Chairs to canvas current members on their interest in continued service. Mr. Tatsch briefly commented on a new process of sending letters to Chairs, asking them to solicit input from their board/committee members on their interest in continuing and providing attendance information and recommendations. It is anticipated that comments will be collected by November 8, and filling vacancies will take place earlier this year, i.e., by the end of November.

PLANNING BOARD:

1) Letter of Resignation from Emmerson Bowes: The 9/12/07 letter from Emmerson Bowes was sadly acknowledged. Committee members agreed that they would like to approve a resolution of appreciation for his services. Mr. Spiegel commented on becoming acquainted with Mr. Bowes, and while sharing different views, both had the same morale outlook in life; he wished the Bowes family his support.

Motion by Ms. Lexox, seconded by Ms. Machnik, and it was carried unanimously to accept the letter of resignation from Emmerson Bowes with deep regret.

There was a concurrence by the governing body that the Clerk should provide a resolution of appreciation for the next meeting.

UNFINISHED BUSINESS

ROADS:

1) Snydertown Road and Rocktown Road: Ms. Lenox stated that while previously concerned about the work being done on Snydertown Road, it was now completed and she was satisfied with the work being accepted under contract to be performed.

Ms. Lenox stated that there patches of asphalt and bumps at the intersection of Rocktown and Losey Roads, and after the intersection, if making a left, after the sharp curve on the road, the road is crumbling on both sides. Mr. Matheny explained that there was a recent demonstration of road equipment, an asphalt zipper, which tears up road material and repacks it as asphalt material in the same area to provide a smooth service. This is not a finish product, but a base coat for which a top coat must be installed. The road will be fixed. Mr. Matheny will advise the DPW about the crumbling road concerns.

A brief discussion took place on the zipper road equipment, which costs approximately $100,000. The possibility of discussing as a shared service was mentioned. Mr. Matheny contacted the Hunterdon County Director of Shared Service about the possibility, and he will follow up on it.

2) Resident Complaint on Rocktown Hill Road: Thomas Leyhane's 8/24 letter regarding traffic violations and accidents on Rocktown Hill Road was discussed. Mr. Tatsch outlined the problems with the small portion of road in East Amwell and the majority of the road in West Amwell. Mr. Leyhane has assisted with many accidents in the area, and there is concern that there may be a serious one in the future if the matter is not addressed. Mr. Tatsch has also reached out to Mayor Ron Shappella in West Amwell for assistance. The state will not allow a four way stop sign, but a recommendation of putting stop signs back to back to make a two sided stop sign is a possibility. Striping the road and putting the word STOP in large letters on the road may also work.

Mr. Cushing spoke about receiving citizen complaints about aggressive or irresponsible drivers in court. The complainant must be willing to sign the complaint against the driver, and the matter is referred to the municipal court. Information to be acquired includes license number and make and model of the vehicle. The police department can run the tags, and if they match, a complaint is issued to the offender to appear in court for a determination. Mr. Leyhane will be advised to contact the West Amwell for more information on this procedure. Mr. Matheny stated that the road might be under joint jurisdiction (i.e., East and West Amwell).

Mr. Tatsch recommended preparing a fact sheet, which could be handed out at the counter, if other residents are interested in this type of action.

Mr. Spiegel referenced Title 39 of the state statutes regarding municipal regulations on signs and markings. Mr. Cushing and Mr. Spiegel discussed the statute briefly, with Mr. Spiegel providing specifics on traffic accidents at the Route 579/31 intersection.

Mr. Tatsch concluded by stating that he advised Mr. Leyhane that he sent information to West Amwell Township, and Mr. Leyhane should contact the West Amwell Clerk for agenda information when the item is considered.

TOWNSHIP ADMINISTRATOR'S UPDATE

1) Policy Manual Updates for County Identification Cards and for Video Taping: The video taping policy was previously reviewed by the governing body in July and input was received from Mr. Cushing on an exemption for court hearings and an explanation on the mechanics of taping. The policy was expanded accordingly.

Mr. Matheny explained that the policy for identification cards (ID cards) is straight forward based on logistics of processing the cards for staff and volunteers. There are specific guidelines for all to follow and to allow better control and accuracy. Ms. Lenox asked how a volunteer who is appointed on an annual basis would be able to have a card each year; Mr. Matheny explained that the intent is to maintain accuracy, and they will be issued for the length of term.

Motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously to approve the policies for ID cards and for video-taping.

Committee members agreed that the ID cards were a good initiative, especially in terms of employees and volunteers who do on-site visits in the community. The Hunterdon County Clerk's Office is credited for making this opportunity available to all municipalities.

2) Appointment of a Deputy Clerk: Earlier in the evening, the governing body had the opportunity to meet the candidate for the position, Carolyn Fritsch. Based on the 9/12 recommendation from the Township Administrator, outlining the interview process and salary recommendations, the governing body was supportive of the new appointment.

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RESOLUTION #132-07

BE IT RESOLVED by the Township Committee of the Township of East Amwell, County of Hunterdon, State of New Jersey, that, based on the recommendation of the Township Administrator, Carolyn Fritsch is hereby appointed to the position of Deputy Clerk as a probationary employee for six months, effective September 24 or September 19, if she is available; and

BE IT FURTHER RESOLVED that the 2007 Salary and Wage Resolution is amended as follows:

DELETE

Deputy Clerk Aneskewich $17.25/hour

ADD

Deputy Clerk Fritsch $17.75/hour

By Order of the Township Committee,

_______________________________

C. Larry Tatsch, Mayor

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Motion by Mrs. Cregar, seconded by Ms. Machnik, and carried unanimously.

3) Update on Clawson Park:

· Authorization to Proceed with an Emergency Grant Application: Mrs. Stahl

advised the Committee that a representative from NJ Historic Trust will be on site at Clawson Park on Monday, September 17, to discuss the possibility of getting emergency grant funding. The funding round is underway, and the Board will meet in December to discuss grant awards. Work is being done on a grant application to get matching funding for the grant, up to $10,000, and a motion is needed to authorize the Mayor's signature on the grant.

Motion by Ms. Machnik, seconded by Ms. Lenox, and carried unanimously to authorize the Mayor to sign the NJ Historic Trust Emergency Grant Application for funding up to $10,000 for the stabilization work at Clawson House.

· Drainage at Clawson Park: There was a recent visit to the park by Engineer

Dennis O'Neal, DPW Superintendent Howell, Assistant Road Supervisor Kadezabek, and Mr. Matheny. Improvements being made include the following: lowering the ground and better accessing the drain on the Iron Horse side of the parking lot to redirect water; installing new drainage pipes on the parking lot on the other side of the park and diverting water to the ice skating area. The swale on the back corner of the lot must still be addressed and a berm will be built, using ditching material collected from road work - this will be a matter of timing the jobs.

· Other Issues: The playground area for the older children has some problems

with the woodchip surface being "marshy" and wet. The installers were contacted and there was a question about meeting regulations. The possibility of pushing the edges of the area back and bring the chips up was suggested. Lou Mackrancy, the installing contractor, was contacted about this.

· The walkway/entrance on Iron Horse Drive was not shown on the original

plans; however, some ideas were discussed at various stages of development. Engineer O'Neal advises that the entrance does not have to be ADA accessible. Mr. Matheny asked the governing body for direction on who would be making decisions about such park issues. He stated that paving blocks could be used, but he did not want to take responsibility for making the decision without authority. Mr. Spiegel suggested using asphalt since blocks may deteriorate. Some discussion took place on the size and design of the entrance gate for Iron Horse Drive.

Mrs. Cregar recently spoke with Mr. Matheny about this, and she recommended that the governing body appoint a small committee of deeply interested individuals, and she has some suggestions. She recommended that a Road Department member also be part of this team. All agreed that this would be appropriate since there may be a number of decisions coming up in the next several months. Ms. Machnik suggested having this committee also make a "laundry list" of items to present to the Township Committee at budget time for consideration in 2008.

Committee members recognized that there was a group formed and legally recognized by the governing body as "Friends of Clawson Park." It was unclear if there were any members of the group who were still interested in assisting. It was noted, however, that the group might have had some plans in place, which should not be side-lined. Mrs. Stahl said that she would try to contact group members for information. Mr. Tatsch agreed that he and Mrs. Cregar would talk about possible candidates for the committee for appointment at the next meeting.

· Flag Pole: The pole was removed from site to be fixed, and it will be replaced

shortly. The pole was installed improperly, which may have caused the damage.

· Signs: Mr. Matheny showed a sample of the temporary sign requested at the

9/4/07 Township Committee meeting, which he will have Deptcor make. He gave price information, stating that he may have one or two signs made.

Mr. Matheny contacted Pendergrast Signs for cost information for a four-foot by eight-foot sandblast sign with raised letters. The cost is approximately $2,000 for a suitable sign, and placement will be determined for best visibility.

· ADA Swing: A resident contacted Mr. Matheny about installing a swing for

his disabled daughter to enjoy. Mr. Matheny found a swing with a pummel and strap, which was suitable for any youngster to use; the cost is $79.00. The insurance company was contacted about installation, and there was no problem with installing it on the toddler swing set. Committee members were supportive of this expenditure.

4) New Jersey State Police Response Time: Mr. Matheny obtained police report logs from the State Police, based on the concern raised by Mr. Spiegel at the last meeting. The call in question came in at 4:46 p.m. and police were dispatched at 5:08 p.m. Discussion took place on this issue, including whether or not 911 may have had a delay in dispatching or perhaps that this was not a high priority case. Mr. Spiegel recommended advising residents to call the State Police directly rather than going through the 911 system. It was noted, however, that the police would call 911 to report the emergency anyway.

5) Hepatitis Injection Funding Liaison: Charlie Soos notified the Clerk that he would be willing to serve as the Liaison for this state program; the state will be so notified. Motion by Mrs. Cregar, seconded by Ms. Machnik, and carried unanimously to appoint Charlie Soos as the Liaison for the Hepatitis Injection Funding Program.

6) Other: EVA, the electronic voice announciator system, has now been installed. Once the key code is entered, a voice will advise that the system is disarmed or armed, i.e., providing vocal information besides key-pad instructions. It is hoped that this will be more user friendly with key-holders. A dot-matrix printer, left over from the Construction Office, was set up to print out a paper report of all activities generated from the system. This will be more cost effective over time and keep us informed of activity within the building.

LIAISON LIST CHANGES FOR 2007: Changes were recommended as follows: Mrs. Cregar will take over the prior responsibilities of Kurt Hoffman, except that Clawson Park will now go to Mr. Tatsch and Farmland/Open Space Preservation will go to Ms. Lenox. Senior Citizen responsibility will move from Mr. Tatsch to Mrs. Cregar.

Motion by Mrs. Cregar, seconded by Mr. Spiegel, and carried unanimously to approve the changes as noted.

Committee members agreed to Open to the Public for comment prior to going into executive session.

OPEN TO THE PUBLIC

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

Will Harrison, 4 Larison Lane, commented on the remarks made earlier about Clawson Park. He also commented on the work done over the past two years, stating he is seeing improvements. Mr. Harrison asked that the signs for Clawson Park also provide the physical street address of 1053 Old York Road.

Mr. Harrison further commented on the following: the trails are "really improving" - the Road Department did a nice job; signs are a necessity, including a bulletin board with plexiglass, which could be readily seen near the gazebo or pavilion; the pedestrian access should be done in a manner where it only has to be done once (i.e., the Township sees what happens by cutting costs in the need to improve improperly installed trails and drainage). Mr. Harrison concluded by thanking everyone for their work. Mr. Matheny will relay these comments to the DPW employees.

Joe Kleber, 46 Stony Brook Road, commented on outdoor burners. He asked what entity was behind the discussions on outdoor burners, i.e., were there any resident complaints or does the Township Committee have political concerns. He commented on the mute point of comparison of appliances unless green electric suppliers were encouraged. He concluded that if there were no complaints and no compelling force, the Township Committee was over-stepping its bounds by controlling the use of these devices. He also noted that New England winters last twice as long as New Jersey winters in terms of burner use.

Mr. Tatsch stated that there has been no plan to outlaw use.

Joe Sowsian, Orchard Road, installed his first outdoor burner ten years ago, does not use wood stoves any longer, and the burner provides hot water to his home. He commented positively on the investment.

Mr. Sowsian asked when the Orchard Road drainage would be fixed, stating that he is losing top soil constantly. Mr. Sowsian said that the Township Engineer was on the property to look at the problem. Mr. Spiegel said that this occurred early in the summer, and this is the third time Mr. Sowsian is here about the problem. Mr. Spiegel said that the Planning Board Chair asked the Engineer to look at the area, and Mr. Spiegel joined him on the site visit as the Liaison to the Road Department. Mr. Matheny may have a copy of an email about the problem, and he will ask DPW Superintendent Howell to review it.

Mr. Sowsian also commented that Orchard and Rocktown Roads are heaved and needed grinding.

Doreen Holley, 86 Stony Brook Road, suggested that the flyers prepared by the Board of Health also add the benefits and safety issues associated with outdoor burners, e.g., less BTUs to burn, positive effect with asthmatics in burning outdoors rather than indoors, etc. Ms. Holley felt that the newsletter lists only negatives and nothing positive.

Mr. Tatsch explained that the Board of Health did significant research to prepare the handout and a number of sources were used. He commented on the efficiency of indoor burners, noting again that outdoor burners do not have catalytic combustors. Mr. Tatsch explained that the Board of Health's intent is to provide information for residents to consider options and make the right decisions. He explained that the Board of Health has some concerns, and they will consider all options.

Frances Gavigan, 123 Wertsville Road, commented in defense of the County's 911 service, stating that she worked there during a construction period, and there is no delay between 911 and the police. There are records and reports East Amwell can access. Upgrades are being made to computers to improve locating cellular callers. While there were asbestos and toxic mold problems at the building, it did not affect the quality and quantity of work. She recommended that the Township Committee contact Karl Posselt, who continues to work there.

Ms. Gavigan disagreed with Mr. Spiegel's recommendation to direct residents to contact the State Police number rather than call 911, indicating there could be delayed response since the direct calls must go into the 911 system before response.

Ms. Gavigan previously worked with the Friends of Clawson Park, including Jack Balint and Sue Monroe, and there were discussions and plans about park development. She spoke about resources available and oral history and the value of such. Ms. Gavigan was in favor of the plans for stabilization of the house.

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

Ms. Lenox asked to respond to an issue brought up at the last meeting regarding a home office in the mountain area. She advised Mrs. Bonette in the audience that the zoning application pertained to a property owner who was finishing his basement and putting a computer, fax, and phone in the basement to connect with his company's headquarters in Florida. There were no signs, deliveries, trucks, etc. Mrs. Bonette commented on regulations of 15 acres for new offices. Mr. Tatsch and Mr. Spiegel commented on existing zoning requirements and the Zoning Officer's interpretation.

Ms. Lenox made the motion to go into recess at 10:10 p.m.; the motion was seconded by Ms. Machnik and carried unanimously. A motion to return to the regular meeting was made by Ms. Lenox, seconded by Ms. Machnik, and carried unanimously at 10:15 p.m.

RESOLUTION TO ENTER EXECUTIVE SESSION

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RESOLUTION #133-07

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 land acqusition, litigation, 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

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Motion by Ms. Machnik, seconded by Mr. Spiegel, and carried unanimously.

The executive session began at 10:15 p.m.

The regular meeting resumed at 10:45 p.m., and Mr. Cushing left the meeting at this time.

NEW BUSINESS

RELEASE OF PERFORMANCE BOND FOR THREE KIDS ENTERPRISES, LLC, BLOCK 16/LOT 1

Based on the letter provided by Engineer Dennis O'Neal, the governing body agreed that the performance bond for improvements on this property should be released.

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RESOLUTION #134-07

BE IT RESOLVED by the Township Committee of the Township of East Amwell, in the County of Hunterdon, State of New Jersey, that based on the June 14, 2007, letter from Engineer Dennis O'Neal regarding the improvements made for Three Kids Enterprises on Block 16, Lot 1, the performance bond be released to the applicant once the required maintenance bond is provided.

By Order of the Township Committee,

______________________________

C. Larry Tatsch, Mayor

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

ADMINISTRATIVE REPORTS

TREASURER LUHRS presented a statement of cash on hand and bills of the evening. Motion by Ms. Lenox and seconded by Ms. Machnik to approve the bills.

Mr. Spiegel referenced a bill on page five regarding paying for the Township attorney for a meeting on the Maier property. He commented about attending a closed, pre-trial meeting, where both Board of Adjustment Attorney Waterbury and Township Attorney Richard Cushing were in attendance. Mr. Spiegel also commented on sending notices to professionals advising them not to respond. Mrs. Stahl will call Attorney Cushing to address this matter before an up-coming hearing on September 27.

The motion to approve the bills was approved unanimously.

Treasurer's Resolutions:

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RESOLUTION #135-07

WHEREAS, it has bee determined by the Township Engineer of the Township of East Amwell that the following performance guarantee can be refunded;

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

Applicant Amount Refunded

Three Kid Enterprises $2,232.24

By Order of the Township Committee,

_________________________

C. Larry Tatsch, Mayor

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RESOLUTION #136-07

WHEREAS, it has been determined by the Construction Department of the Township of East Amwell that the following overpayment of a construction permit be refunded;

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

Applicant Amount Refunded

Richard E. Yard $8.00

Plumbing & Heating, Inc.

By Order of the Township Committee,

__________________________

C. Larry Tatsch, Mayor

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Motion by Mrs. Cregar, seconded by Ms. Lenox, and carried unanimously to approve these resolutions.

There were no comments on any of the remaining administrative reports listed on the agenda.

CORRESPONDENCE

Mr. Spiegel commented on his plans to attend the public hearing in West Amwell regarding the plans for the Wawa being proposed for Route 31 and Route 579, bringing with him documentation he has been working on for the past year and a half. He asked if the Township Committee would want him to indicate he was representing the Township.

Ms. Lenox will also be attending the West Amwell meeting, and she recommended that Mr. Spiegel comment only as a member of the public and represent his own views. Mrs. Cregar provided anecdotal information about Township involvement in the development over 10 years ago. Some discussion took place on the proposed plans, and Mr. Spiegel provided a copy for the Committee's review.

Ms. Machnik recommended adopting a resolution in support of state funding of gypsy moth control.

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RESOLUTION #137-07

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF EAST AMWELL URGING THE STATE OF NEW JERSEY TO TAKE FINANCIAL RESPONSIBILITY FOR THE COST OF A STATEWIDE GYPSY MOTH CONTROL PROGRAM

WHEREAS, as stated on the State of New Jersey Department of Agriculture website; the gypsy moth, in its caterpillar stage, is the most destructive hardwood defoliator ever to occur in New Jersey; and

WHEREAS, each year, since 1970, gypsy moth caterpillars have caused varying degrees of defoliation (leaf loss) between 1,910 – 800,000 acres of forest land; and

WHEREAS, Municipalities with heavy infestations of gypsy moths, as delineated by a summer aerial defoliation survey, are contacted in writing by the Department of Agriculture in early fall of each year, and asked if they wish to have gypsy moth egg mass count; and

WHEREAS, if the residential or recreational forest has an average of more than 500 egg masses per acre, and is at least 50 acres in size it may qualify for participation in the cooperative Gypsy Moth Suppression Program; and

WHEREAS, in addition to delineating treatment areas, the Department of Agriculture also applies for U.S.D.A. Forest Service cost sharing funds which, if approved, results in a 50 percent reimbursement of the treatment cost; and

WHEREAS, the Department is also responsible for choosing the insecticide to be sprayed and in supervising the actual spray operation; and

WHEREAS, in the fall of 2006 the Department of Agriculture determined that there were 15 counties with a total of 125,743 acres in need of gypsy moth suppression; and

WHEREAS, it is quite clear that the defoliation is a statewide problem; and

WHEREAS, the State of New Jersey is not restricted by the same 2.5% increase in expenditures or the 4% cap in tax revenues as municipalities are.

NOW THEREFORE BE IT RESOLVED the Township Committee of the Township of East Amwell hereby calls upon the State Legislature to undertake immediate action to fully fund the Gypsy Moth Control Program, due to the devastating destruction gypsy moths will cause statewide; and

BE IT FURTHER RESOLVED that a copy of this resolution be distributed to Governor Jon Corzine, New Jersey State Legislatures and New Jersey Municipalities, urging them to pass similar resolutions of support.