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 Linda F. Lenox, and Committee members Patricia Cregar, Peter Kneski, and Timothy Martin. Township Administrator Timothy Matheny and Attorney Richard Cushing were also in attendance.

In compliance with the Open Public Meetings Act, Municipal Clerk Teresa R. Stahl announced that this is a regularly scheduled meeting, pursuant to the resolution adopted on January 3, 2008, and a meeting notice published in the Hunterdon County Democrat issue of January 10, 2008. 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 October 7, 2008.

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

AGENDA REVIEW

Under Township Administrator's Update, add the Administrator's October 9, 2008 Email Policy; the October 9, 2008 update from Zoning Officer McManus on Stormwater Management; and the October 9, 2008 Zoning Officer Memo on B. 5/ L. 3. & 3.03. Move up from an Item of Correspondence the Blue Shield Contract for Shared Police Studies.

Under Unfinished Business, add item F, Audit for Solar Energy - See 10/8 Email from Environmental Commission re: Application Process for Energy Audit.

Under Council for Unfunded Mandates, add two further items of correspondence, 10/7 Email from CHM Shiloh and 10/8 Email from NJ Attorney General Flanagan re: Court Motions, Briefs and Certifications.

ANNOUNCEMENTS

Municipal Office renovations will take place through the end of October. Business offices for most staff members will be located in the basement. There will be accommodations made for ADA compliance in meeting the residents' needs.

There is no curbside brush pick-up in 2008. The grit yard will be open during normal working hours for drop-off: Monday to Friday from 7 a.m. - 3:30 p.m. It will also be open on Saturdays, October 11 and 25, from 8 a.m. - noon.

Municipal Offices will be closed on Monday, October 13, 2008, in observance of Columbus Day.

The East Amwell Township Committee will hold a special brainstorming meeting on Thursday, October 30, 2008, at 7:00 p.m. The public is invited to attend.

Day Light Savings Ends on November 2, 2008, at 2:00 a.m. Turn your clocks back one hour.

General Elections will be held on Tuesday, November 4, 2008, from 6 a.m. - 8 p.m. All East Amwell Township polls are located at the municipal building.

Hunterdon County Utilities Authority will hold a hazardous waste cleanup day on Saturday, November 8, 2008, from 9 a.m. - 1 p.m. at the Route 12 County Complex. Call 908:788-1110 for details.

APPROVAL OF MINUTES

September 25, 2008, Regular Minutes were approved on a motion by Ms. Lenox, seconded by Mrs. Cregar and carried, with one abstention, Mr. Kneski, including two minor typing corrections: on page 2, paragraph 2, line 3, add the word "would" between "this" and "not" and on page 3, under discussion on insurance, paragraph 1, line 7, change "members" to "member."

September 25, 2008, Executive Minutes were approved on a motion by Mr. Martin, seconded by Ms. Lenox, and it was carried with one abstention, Mr. Kneski.

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

John Seramba, 111 John Ringo Road, provided his October 9, 2008, letter to the governing body and circulated pictures he provided to Mr. McManus. He read his letter into the record: "Dear Township Committee: I am in receipt of the inter-office memo from Richard McManus, EA Zoning Officer to the Township Committee dated October 9, 2008, and would like to address the issues and comments as they relate to the complaints made by the McGee's. The McGee's claim that their water problems are caused by soil piled on my property (over a football field away) and has mischaracterized our personal use of our property as a track. These allegations are inaccurate and have been confirmed by Soil Conservation to Mr. McManus and other proofs provided to Soil Conservation & Mr. McManus.

"Unfortunately, Mr. McManus' memo contains several errors of fact and fails to clearly resolve this issue. I want to see this corrected once and for all. There have never been any "metal jumps" on our property nor a track. Proof of the preexisting soil pile has been provided to Mr. McManus along with pictures. Furthermore, Mr. McManus has not addressed the McGee's own contributions (soil disturbance, excavation, grading, contouring) to the water problem or construction of a raised garden and shed in the drainage easement and swale crossing their property. The approvals of the original subdivision raised concerns about soil percolation and the risk of water/sewage problems. Has their excavation disturbed the water table and diverted water to the road and their home? As the water problems the McGee's complain about coincide with their own construction project this is something to be investigated.

"The McGee's compliance with East Amwell Codes, and intrusion into a deed restricted drainage easement is something I expect will be investigated thoroughly and just as diligently communicated to the committee and appropriate boards.

"The facts are these: 1. A large shed (>100ft²) has been built in the drainage easement. 2. A raised garden bed blocks and diverts the drainage swale across their property. 3. Soil has been dug out and a retaining wall built adjacent to the drainage easement. 4. The 1st construction projects promised no plumbing. The 2nd one included plumbing.

"That fact is that there has never been a dirt track (see August 7, 2008 letter to Mr. McManus) and we are asking that this be acknowledged in writing. I expect that this will finally end the harassment that my family has endured. Sincerely yours, John L. Seramba, 111 John Ringoes Road, Ringoes, NJ 08551"

Mr. Seramba added that the drainage easement came to his attention in October last year; he spoke with Hunterdon County Soil Conservation; and he was unable to do anything until Spring of 2007. He also noted that farmer Roger Everitt planted wheat on a berm and built swales to divert potential water, and there is significant vegetation. He stated that he has done everything possible to help his neighbors, and he noted the continued harassment. He will be planting trees in front of the McGee property to help to stabilize. He would have preferred that the neighbors work directly with him by phoning him rather than "stabbing him in the back" and video-taping his activities. He commented on building a berm and increasing vegetation growth to help, and if there are issues, the McGees should contact him directly. Mr. Seramba has spoken with the Mayor about this, and Mr. Seramba indicated that the neighbors caused a lot of their own problems. Mr. Seramba noted that the pictures he provided this evening were taken in June or July, and the site is now more overgrown. Mr. Seramba reported that the Zoning Officer inspected last week and found no problems on site.

Mr. Seramba mentioned speaking with the Mayor about trying to set up a solution to neighbor problems, and this will be discussed more in depth when the report from the Zoning Officer is addressed under the Township Administrator's Update.

Frances Gavigan, 123 Wertsville Road, wanted to confirm and concur with Mr. Seramba's efforts, stating that she helped to build the berm and had digital photographs of pre-existing dirt areas, which were far away from the McGee property. She reviewed Township files and spoke about the subdivision of the property with hydraulic horizons on site. She noted that the neighbors have built a shed an easement area and installed a raised flowerbed; she commented on the neighbor not liking trees on the sideline. Ms. Gavigan commented on the Seramba's going "above and beyond," seeing efforts on site, and the harassment and frustration.

Ms. Gavigan commented on the following: the neighbor's soil disturbance with a septic repair; changing the contours and putting in a stone retaining wall; problems with Mr. McManus; the neighbors making their own problems and "wanting someone else to pick up the tab"; the right to farm requirements in deeds; the McGee's living downhill from a farm; the McGee's disturbance of the berm with putting debris upon it; among other items. She invited Mr. Matheny to take a good look at the property. She questioned why things were taken out on the Seramba family. She commented on anyone being allowed to ride horses, bikes, and ATVs on their property, mentioning some farmers who already do so. She commented that the trail network is a track, and commented on "dirt bike to bike to horse" and issues at the golf course. She concluded by raising concerns with the grammatical or factual information in the memo provided, stating her opinion on how memos should be reviewed prior to release in case litigation may be a factor.

Mr. Tatsch asked about the septic modification. Ms. Gavigan spoke about "a riser to do an elevator - having it humped up with a hole in the back," including a walk way in a 25 foot wide drainage easement. She stated that in 2000 there were concerns about the sensitivity of property and reserve area location; she stated that the riser and large pipe were in the reserve area. She also noted that there were a series of construction permits, that the owners were going to put in a drainage pipe, and there is a bar sink with a 12 gpm drain rate. She commented that "opening up a can worms may warrant an investigation." She concluded that the Serambas are frustrated and do not feel safe in their home.

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

A resident asked about making a comment. Mayor Tatsch stated that the meeting would be reopen to the public. The resident asked to speak about the purchase of a truck, which was on the agenda, and he was advised that he would be able to speak during the public hearing.

Mayor Tatsch reminded the governing body that when the meeting is open to the public for comments, the Township Committee must allow the public to provide comments, whether factual or not. He reminded them that the comments should not prejudice considerations they may have to make.

PUBLIC HEARINGS/ INTRODUCTION OF ORDINANCES

Public Hearings:

ORDINANCE 08-15 AN ORDINANCE TO PROVIDE FOR THE FUNDING OF VARIOUS MUNICIPAL BUILDING REPAIRS AND IMPROVEMENTS AS GENERAL IMPROVEMENTS FOR THE TOWNSHIP OF EAST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $66,000.00 WHICH INCLUDES $40,000.00 FROM THE CAPITAL IMPROVEMENT FUND AND $26,000.00 FROM THE CAPITAL SURPLUS

As proof of public notice, the Clerk provided the legal notice from the September 18, 2008, Hunterdon County Democrat; the ordinance has been posted and available to the public since introduction on September 11, 2008.

Mayor Tatsch explained that the ordinance will allow for additional repairs during the building renovations, including repairing the shop roof, which has a severe leak, re-doing the front ramp, replacing bleachers on the fields which do not meet code, and painting in the meeting room.

Motion by Mr. Kneski, seconded by Ms. Lenox, and it was carried unanimously to open to the public for comments. There being no comments from the public, motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to close to the public.

Motion to adopt Ordinance 08-15 was made by Mrs. Cregar, seconded by Mr. Kneski, and carried unanimously by roll call vote: Mr. Martin; yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.

ORDINANCE 08-16 AN ORDINANCE TO PROVIDE FOR LEVELING AND OVERLAYING PORTIONS OF VARIOUS TOWNSHIP ROADS AS GENERAL IMPROVEMENTS FOR THE TOWNSHIP OF EAST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $50,000.00, WHICH INCLUDES AN APPROPRIATION OF $50,000.00 FROM THE CAPITAL IMPROVEMENT FUND

Mayor Tatsch explained that the ordinance would allow for purchase of materials for leveling and an overlaying course for Lindbergh Road from Ridge Road to Burd Lane. He stated that Lindbergh Road is in severe need of repairs since the edges are chipped away. The work will be in preparation for an overlay project paid for by a state grant if it is received in 2009.

Motion by Mr. Kneski, seconded by Ms. Lenox, and carried unanimously to open to the public for comments.

Tim Mathews, Linvale Road, asked how roads were prioritized. Mr. Kneski explained that in cooperation with the engineer and the Public Works Department, an analysis of roads is done for drainage and repair, and they are currently looking for a five-year capital improvement plan listing roads in need of repair. Mr. Kneski felt that this would be helpful to residents who ask why their roads were not done. The list would identify the roads although nothing was concrete. Funding through grants would also be investigated.

Mr. Mathews has lived on Linvale Road for eleven years, has made calls to the Road Department about run off and erosion problems, and did not know about priority roads. He hasn't seen work on Linvale Road since Joe August was on the Road Crew. He lives five houses from Route 31, and the road is washing out at that location and pipes need to be cleaned out. He asked when his road could be addressed. He also commented that this is the first Township Committee meeting he has attended, and he may be coming to more of them.

Mr. Mathews was advised that the DPW Superintendent and an employee have left the department, and the remaining members have a lot of work to do. Mr. Matheny will ask Acting Superintendent Kadezabek to visit the site, see what needs to be done, and determine when the work can be completed. Mr. Mathews asked about hiring another company to make repairs; the governing body explained funding constraints to him, i.e., there is money in the budget for some road maintenance. The conclusion was that Mr. Matheny would speak to Mr. Kadezabek about the matter and ask him to investigate.

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

Ordinance 08-16 was adopted on a motion by Mr. Kneski, seconded by Ms. Lenox, and carried unanimously by roll call vote: Mr. Martin, yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.

ORDINANCE 08-17 AN ORDINANCE TO PROVIDE FOR THE PURCHASE OF A 2009 OR NEWER SINGLE, AXLE DUMP TRUCK WITH PLOW AND SANDER AS A GENERAL IMPROVEMENT FOR THE TOWNSHIP OF EAST AMWELL, IN THE COUNTY OF HUNTERDON, NEW JERSEY AND APPROPRIATING $140,000.00 WHICH INCLUDES $140,000 FROM THE CAPITAL IMPROVEMENT FUND

Mayor Tatsch announced that the new truck will replace a 1995 model and have new enhancements for efficiency in snow plowing.

Motion by Mr. Kneski, seconded by Mrs. Cregar, and it was carried unanimously to open to the public for comment.

Tim Mathews, 72 Linvale Road, asked about the number of DPW members and the number of trucks. There are currently 3 members, but the two additional openings are advertised and will be filled before the end of the year. Committee members speculated that there were approximately 7 vehicles in the fleet. Mr. Mathews asked about the bid specs for the truck; Mr. Matheny stated that they are currently being prepared, based on another municipality's specifications for a similar truck.

Mr. Kneski explained that the purchase of the truck was discussed during the budget process (earlier in the year), and one of the reasons for the purchase of this type of truck was to help with snow-plowing and terrain difficulties. There would also be other purposes for this type of vehicle, which would be used for stone and gravel work, among other uses.

Mr. Mathews asked about delaying the purchase of the truck until the new DPW Superintendent is hired. Mr. Matheny explained that Mr. Kadezabek and the other DPW members know their requirements, and there is no controversy.

Mr. Mathews asked why the purchase had to be made now, given the current economic situation. Mr. Tatsch explained that by approving the ordinance, the municipality is not compelled to purchase. He explained the flat 2008 tax rate and the fact that the State withdrew CMPTA aid and eventually provided two-thirds of it back, which went into the capital budget. Mr. Tatsch explained that the money is available in the capital budget; the request for the new truck was made in January or February 2008; and replacing older vehicles, which are run into the ground, was a good plan.

Mr. Martin also commented that the municipality tries to run efficiently, and it would be a better idea to purchase a new vehicle rather than have the DPW members lose service time by spending time repairing older machinery when it breaks down. He explained that this would work better for the residents in meeting their needs.

Mr. Mathews explained that he has not seen much road work in the eleven years he has lived in East Amwell, and he commented on using "poor judgment" in purchasing a truck now with only three men in the Department without a leader. He asked about waiting until next year to purchase. He asked about specific options that the truck might have, and he asked about looking at the specifications. He was advised by the Township Committee and the Attorney that the specifications were a public record. Mr. Matheny thought that the specifications may be available within the next month. Comments were also made about purchasing on state purchase without going out to bid, but the vehicles on state purchase may not include all of the options that the municipality may want on a truck. The specifications being prepared include what the DPW members feel are appropriate, based on their expertise.

Further comments about the truck were made as follows: the old truck being replaced has a fixed wing plow, and right now, a second truck has to follow to plow snow which the first truck misses (i.e., it cannot maneuver on an angle to plow); the new truck will have hydraulics and has an angled plow for better efficiency; it is cost prohibitive to install hydraulics on the older vehicle; Mr. Mathews noted that there was not a lot of snow last year, and he believed that based on economic conditions, it was not necessary to purchase now; Mr. Tatsch explained that approving the ordinance does not bind the Township to purchase, i.e., if circumstances dictate, they can put the purchase off or change their minds; Mr. Tatsch reminded Mr. Mathews that "we are a frugal township" and a decision was made in January or February to put money in the budget to purchase a new truck to replace an older truck before it is run into the ground; Mr. Tatsch spoke about the need to plan ahead as a good process, and it is important for the governing body to make long term decisions, which cannot be based on a short term market decision.

Some further comments were exchanged by Mr. Mathews and the Township Committee, and Mr. Kneski concluded by stating that while $140,000 is being appropriated for the purchase, there is a strong possibility that the cost may be less than $140,000, and the excess funding would be placed back into the capital budget.

John Seramba, 111 John Ringo Road, explained to Mr. Mathews that he was involved in government purchases in the past. He noted that without the proper plows, the Township might have to hire subcontractors, which may cost up to $500 per hour, based on fuel charges and insurance requirements. He cautioned that the Township may go over budget by using subcontractors, and it would be more expensive in terms of time and material, along with insurance.

Frances Gavigan, 123 Wertsville Road, commented on paring back requirements, but noted that the purchase of one truck with a more thorough plowing option would help the DPW keep ahead of storms, reduce overtime, and would be a better tool to save money. She noted that Frankie Drift has a dump truck for sale, and she suggested that the Township bargain with Mr. Drift on tax liens. Mr. Tatsch noted that the Township could negotiate to the extent of the law.

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

Mr. Tatsch noted that the ordinance had a figure, which was the upper limit of the purchase of the truck, and there may be a possibility of getting a better price due to economic times.

Ordinance 08-17 was offered for adoption by Mr. Martin, seconded by Mr. Kneski, and it was carried unanimously by roll call vote: Mr. Martin; yes; Mr. Kneski, yes; Mrs. Cregar, yes; Ms. Lenox, yes; Mr. Tatsch, yes.

SPECIAL DISCUSSION - None

SPECIAL COMMITTEE REPORTS

APPOINTMENT OF MEMBERS OF THE MUNICIPAL WASTEWATER MANAGEMENT PLAN ADVISORY COMMITTEE (See September 25, 2008, Minutes for Background.)

Mayor Tatsch recommended the following members to the advisory committee, who will work with the County in writing the municipal wastewater management plan: Tracy Carluccio, Joe Skupien, Roger Delay, and Peter Kneski. A motion was made by Ms. Lenox, seconded by Mrs. Cregar, and carried unanimously to approve the appointment of these members. The appointees will be sent information about the October 27 meeting at the County about the wastewater management plan.

STANDING COMMITTEE REPORTS

AGRICULTURAL ADVISORY COMMITTEE

1) Farm Forum on October 20, 2008, at 7 p.m.: Ms. Lenox, as Chair of the Agricultural Advisory Committee, explained that information on the public meeting was sent to property owners with farm-assessed land. It was advertised in the VIP and in the Hunterdon County Democrat; neighboring municipalities were also advised about the program, which will include four speakers on interesting topics.

UNFINISHED BUSINESS

TOWNSHIP ADMINISTRATOR'S UPDATE

1) End of Probationary Period for Martha Pittore: Mr. Matheny explained that Martha Pittore's six month probationary period as secretary for Historic Preservation and for Stormwater Management is ending, and Chairmen from both committees have provided favorable reviews, indicating that she "is doing a great job and there are no problems." Mr. Matheny quipped about Ms. Pittore being a "transparent" employee, who works very independently and gets the job done.

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RESOLUTION #170-08

BE IT RESOLVED by the Township Committee of the Township of East Amwell that Martha Pittore is hereby recommended for appointment as a permanent employee in her positions of Stormwater Management Secretary and Historic Preservation Secretary, following successful completion of her six-month probationary period, effective October 10, 2008.

By Order of the Township Committee,

__________________________

C. Larry Tatsch, Mayor

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

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

2) Advertising of DPW Positions: Mr. Matheny explained that both the Superintendent and the employee positions are being advertised from October 1 - 31, 2008, on the NJ State League of Municipalities website; they are on the Township's website and also on the Certified Public Works Manager's Association website. The positions will also be advertised in the newspaper for a week.

Mrs. Cregar asked about the CPWM requirements, and Mr. Matheny explained the state requirements for the completion of Rutger's coursework, including budgets, purchasing, and other segments. The Township was able to waive the requirement when they hired George Howell (i.e., he had completed the coursework but not the required five year supervisor requirement). The Township can also opt to have the engineer act as the CPWM; however, this would be costly.

Mr. Matheny concluded by stating that the applications would be reviewed at the end of the month, and he would work with Mr. Kneski when the time comes and bring the appointments to the whole committee.

3) Municipal Building Renovations: Mr. Matheny explained that the painters are finishing up, and he will open the building on Monday, October 13, 2008, for the workers to continue. Carpet should be installed on Tuesday, and the electrician will be coming in too to move lights and change switches after the painting. The DPW will reinstall the modular desks into real office areas. The new phone and computer hook-ups will also be reconnected. Mr. Matheny reminded the governing body that the new meeting room would be ready for the November 4 election.

Mr. Tatsch thanked Mr. Matheny for his coordination of the project and commented on the logistics of the entire renovation and relocation of staff. He also asked that Mr. Matheny convey the Township Committee's appreciation to the DPW employees for their efforts in moving the staff. Mr. Matheny also added that the staff members did an "amazing job" working on tables in the basement and carrying on daily business without complaints. The governing body agreed that they were appreciative of these efforts also.

4) Burd Lane/School Bus: Mrs. Stahl called the Joint Transportation Committee at Hunterdon County Regional High School, and the bus route is as follows: from Lindbergh, onto Zion, to Spring Hill to Route 518 to Province Line to Lindbergh to Wertsville. Mr. Tatsch commented on the seven-mile loop to avoid going onto Burd Lane; however, all acknowledged that the public is satisfied with the changes.

5) Email Policy: Mr. Matheny explained the email policy, which was sent earlier by email to the governing body. It is based on the work done by Attorney Cushing's office and incorporated into the existing email policy in the manual. There is a section pertaining to OPRA requests and the need for employees to make sure that they follow appropriate protocol. One staff member asked whether the policy would affect the employee's use of their own computer equipment; Mr. Matheny explained that as long as the employees have permission from the Mayor to take materials home, there is no issue.

Motion by Ms. Lenox, seconded by Mr. Kneski, and it was carried unanimously to approve the new email policy provided by Mr. Matheny, dated October 9, 2008.

6) Zoning Officer's 10/9 Memo on B. 5, L. 3 & 3.03: Mr. Matheny referred to the memo from Mr. McManus about the status of the McGee property (See September 25, 2008, minutes as background). Mr. Matheny noted that there were no zoning violations, and Mr. Kneski concurred. Mr. Tatsch suggested a letter be sent to Mr. McGee based on Mr. McManus' memo that there are no township issues.

Attorney Cushing cautioned the governing body that the Zoning Officer is an independent authority, and if there is an appeal of what the Zoning Officer decides, the resident brings the appeal to the Board of Adjustment. He suggested that the governing body not interfere with the process. A suggestion was then made that a cover letter be prepared from the governing body, since Mr. McGee raised concerns at the Township Committee meeting, and the Zoning Officer's letter accompany the cover letter. Mr. Seramba asked for a copy of the letter, and the Township Committee agreed to provide him with a copy. Mr. Kneski agreed to look at the letter before it is sent to Mr. McGee. Mr. Tatsch subsequently suggested that Zoning Officer McManus be asked to prepare the letter to Mr. McGee, stating the facts and explaining that there is no township issue at this time; the governing body's cover letter will ask Mr. McGee to see the enclosed letter which provides an explanation. The Township Committee agreed with this action.

John Seramba, 111 John Ringo Road, spoke about an arbitration program he was instrumental in initiating in Raritan Township, i.e., a committee of volunteers hear neighbors complaints and the process is worked out at that level. Mr. Seramba felt that anonymous complaints should not be accepted. Mr. Tatsch did not like anonymous complaints, but he believed it was important to accept them because the Zoning Officer cannot visit every resident to inspect compliance. Additionally, officials must protect the health and uphold the zoning in Township; they must review every complaint received, and they have taken oaths to uphold the laws of the Township. Sometimes, Township volunteers may discover violations, and they may not want to reveal their name, yet they cannot disregard the violation.

Mr. Seramba then suggested that the Construction or Zoning Official should not send out the violation notice immediately, but they might send a friendly letter instead. Mr. Seramba commented on the perception of the word "violation" causing hard feelings. Committee members felt that the letter the Zoning Officer sends is only a notice, not a summons, and it does allow the property owner an amount of time to rectify the situation. Mr. Matheny noted that Mr. McManus did use the approach suggested by Mr. Seramba when he mailed a letter to the fire company about parking issues; there was no response from the fire company.

Mr. Tatsch stated that he spoke with Municipal Court Administrator Hooven about the arbitration group after he spoke with Mr. Seramba about Raritan Township's procedure. Mrs. Hooven has brochures on the process, which includes mediation through court professionals, and it results in 99% of the issues never ending up in the court system. Mr. Seramba explained that he started the program in Raritan Township when he was on the Township Committee and in Flemington, when he was involved with the Board of Adjustment.

Mr. Seramba stated that he liked the idea of the letter from Mr. McManus, and he commented that Mr. McManus was fairly helpful in the process, although there was an incident in the beginning.

Frances Gavigan, 123 Wertsville Road, explained that she was in the 1% of the cases that went to the arbitration process and "didn't get anywhere." In one year she had sixteen anonymous complaints about her property and sixteen visits from the Board of Health for solid waste complaints. She commented on a hybrid process with early intervention and the work of an informal ad hoc committee on dealing with issues.

7) Stormwater Review Procedure: Mr. Matheny referenced Mr. McManus' October 9, 2008, memo on the stormwater review procedure, which was mentioned at the last Township Committee meeting, outlining his position. The memo was for the governing body's information, which explained that "it was not an easy thing."

8) Blue Shield Contract for Shared Services Study: Mr. Matheny explained that the contract was for a shared services study with West Amwell Township and the City of Lambertville, which is being funded by a state grant. Mr. Tatsch explained that there were some concerns with the way that the contract was written; however, the intent is to get the study done before the December 15th decision date for State Police services. He commented that as long as it was clear that East Amwell Township has no monetary liability, he was willing to sign the agreement. He spoke about possible "preconceived notions" by Blue Shield and the other municipalities that this may not be a truly shared service, but East Amwell may be covered by a contract agreement. Mr. Tatsch agreed that important and worthwhile information can be uncovered by the study, and he agreed that moving ahead with the contract was appropriate.

Mr. Tatsch referenced section IV of the contract, i.e., Flexibility, wherein the following language was written: "If special legal counsel is required, that expense of that Legal Counsel will not be at the expense of Blue Shield Consulting." Comments were exchanged between the Township Committee and Attorney Cushing, and it was concluded that Blue Shield would be funded 100% from the grant, and any special counsel services required should come out of the grant funding.

A second item of concern was section IX. Indemnity; a recommendation was made to send this section to the Township's insurance agent to make sure of coverage. Mr. Cushing commented that ordinarily, professionals are not indemnified by the Township.

Mrs. Stahl reminded the Township Committee that the other two municipalities have signed the contract, and there are time constraints in moving ahead. Mr. Cushing was asked if the Township could sign a contract with different terms. Some comments were exchanged, and a recommendation was made to strike out section IV and have the Mayor initial the section. Additionally, the insurance agent will be asked about section IX; if there is no problem, the Mayor will be authorized to sign the agreement, as outlined in this paragraph.

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RESOLUTION #171-08

BE IT RESOLVED by the Township Committee of the Township of East Amwell Township that they hereby authorize the Mayor to sign the Blue Shield Contract for a Shared Services Police Study with West Amwell Township and City of Lambertville, with the following stipulations:

1) Section IV, Flexibility, will be striken by the letter "X."

2) The Township's insurance agent will be contacted about section IX, Indemnity, to

determine coverage; if there is no problem, the contract will be signed.

By Order of the Township Committee,

_____________________________

C. Larry Tatsch, Mayor

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

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

SPRING HILL ROAD PROJECT: (See October 7, 2008, email from Clerk with email string from September 16 - October 2, 2008, as background information.) The Township Committee was advised that the intent is to have East Amwell Township's $120,000 grant from the NJ Department of Transportation (NJ DOT) transferred directly to Montgomery Township since they are the lead agency. It was noted that the NJ DOT approves of this action.

Mrs. Stahl explained that the inter-local agreement signed by the Township Committee on July 31, 2008, would have to be amended to include this action and to revise the amount East Amwell must pay for the work, based on the fact that the second bidder provided a higher bid. Mr. O'Neal provided a marked up version of the agreement for Mr. Cushing's review, which was provided to him tonight.

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RESOLUTION #172-08

BE IT RESOLVED by the Township Committee of the Township of East Amwell, that they hereby agree that the $120,000 in grant funding received for the Spring Hill Road Project be transferred to Montgomery Township as lead agency for the project; and

BE IT FURTHER RESOLVED that the inter-local agreement, signed on July 31, 2008, be further amended to designate Montgomery Township as the lead agency and establishes a mechanism for reimbursement to East Amwell Township for the amount of their allotment.

By Order of the Township Committee,

_____________________________

C. Larry Tatsch, Mayor

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

UPDATE ON COUNCIL FOR UNFUNDED MANDATE APPEAL: Mr. Tatsch noted that the correspondence listed on the agenda pertained to the Township's petition filed with the Council about the costs associated with NJ State Police Services. The new items of correspondence noted at the agenda review were the briefs, pleadings, and certifications from the Attorneys for the Plaintiffs and the State Attorney General. Mr. Cushing explained that the decision made by the Council would bind all municipalities.

RESOLUTION TO ENTER EXECUTIVE SESSION: This item will be tabled until after the end of Unfinished Business and the meeting is open to the public.

UPDATE ON BREAKFAST MEETING WITH ASSEMBLYWOMAN MARCIA KARROW Mrs. Cregar explained that Assemblywoman Karrow has a meeting with someone in the near future who may know the answer to the question if the Township pulls out of NJ State Police coverage, would they be able to get back into the program. Mrs. Cregar believed the meeting was with someone from the Treasury Department. Mr. Martin felt that even if there was a definitive statement, there were no guarantees on what the future may hold. Ms. Lenox will attend the next breakfast meeting with Assemblywoman Karrow on the first Friday in November.

SOLAR ENERGY AUDIT FUNDING: The email forwarded to the Township Committee from the Environmental Commission was discussed. Mrs. Stahl downloaded copies of the application for the audit, which was previously mentioned by resident Connie Hughes. Mr. Kneski and Mr. Martin will review the application information, and it was noted that the money for the audit is available on a first come, first served basis. Mrs. Stahl will also send the link information to Mr. Martin by email. It was noted that resident Lyle Rawlings is reviewing the Township's electricity bills.

OPEN TO THE PUBLIC

Frances Gavigan, 123 Wertsville Road, commented on a quote from Attorney Cushing in the Hunterdon County Democrat about loopholes in foreclosure properties for COAH housing. Mr. Tatsch stated that the municipality did not have any COAH properties in that category. Ms. Gavigan advised Municipal Housing Liaison Robbins to call Attorney Cushing about the issue, and some comments were exchanged about COAH obligations, including mortgagors, and whether or not the COAH obligations are wiped out if the properties go into foreclosure.

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

UNFINISHED BUSINESS, Continued

RESOLUTION TO ENTER EXECUTIVE SESSION

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RESOLUTION #173-08

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 litigation and receive advise 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 Mr. Martin, seconded by Ms. Lenox, and it was carried unanimously to approve the resolution.

Executive session began at 9:15 p.m.

The regular meeting resumed at 9:45 p.m., and Mr. Cushing left the meeting at this time.

NEW BUSINESS

REQUEST FROM COURT ADMINISTRATOR FOR RESOLUTION IN SUPPORT OF A-2760, COURT SECURITY ENHANCEMENT FUND

Administrator Hooven provided a legislative alert about A-2760, which establishes the Court Security Enhancement Fund, which makes nominal increases to certain court fees and penalties to raise money for enhancements. The governing body was in support of the bill.

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RESOLUTION #174-08

BE IT RESOLVED by the Township Committee of the Township of East Amwell, in the County of Hunterdon, State of New Jersey, that they hereby support A-2760, which establishes the Court Security Enhancement Fund and makes nominal increases to certain court fees and penalties to raise money to enhance security in and around municipal and county court facilities; and

BE IT FURTHER RESOLVED that the Township Committee believes that it is imperative that court facilities be safe and secure if our citizens are to use the courts to resolve disputes in a peaceful manner; and

BE IT FURTHER RESOLVED that the Township Committee acknowledges that the creation of this fund is their only opportunity to obtain external funding to offset local costs for court security, which will also make municipal courtrooms, municipal complexes, and the exterior areas safe and accessible for employees and the public; and

BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Assembly Speaker Roberts, Senate President Codey, Senate Judiciary Chair Adler, Senator Lance, Assemblywoman Karrow, and Assemblyman Doherty to ask their support of this legislation.

By Order of the Township Committee,

__________________________

C. Larry Tatsch, Mayor

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

PAIC INSURANCE RESOLUTION TO APPOINT RISK MANAGEMENT CONSULTANT - CHANGE OF NAME OF INSURANCE FIRM TO WELLS FARGO INSURANCE SERVICES

Mrs. Stahl explained that the resolution pertained to the merger of Herder-Tarricone with Wells Fargo Insurance, and it is not the resolution to continue participation in PAIC, as discussed at the last meeting.

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RESOLUTION #175-08

WHEREAS, the Township of East Amwell has resolved to join the Public Alliance Insurance Coverage Fund (PAIC) following a detailed analysis; and

WHEREAS, the Bylaws of PAIC require that each entity designate a Risk Management Consultant to perform various professional services as detailed in the Bylaws and Risk Management Plan; and

WHEREAS, the Bylaws indicate that PAIC shall pay each Risk Management Consultant a fee to be established annually by the Executive Committee;

NOW, THEREFORE, BE IT RESOLVED that the Township of East Amwell does hereby appoint Christopher C. Tarricone of Wells Fargo Insurance Services as its Risk Management Consultant in accordance with the Fund's Bylaws.

By Order of the Township Committee,

______________________________

C. Larry Tatsch, Mayor

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

ADMINISTRATIVE REPORTS

TREASURER LUHRS provided the bills of the evening and a statement of cash on hand. Mrs. Cregar made the motion, seconded by Ms. Lenox, and it was carried unanimously to approve the bills of the evening.

Mrs. Luhrs also provided the September 30, 2008, Appropriations Report. Mr. Tatsch commented about being 75% through the appropriations this year, with some line items being paid 100%.

Treasurer's Resolution:

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RESOLUTION #176-08

WHEREAS, it has been determined by the Township Engineer of the Township of East Amwell that the following performance bond 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

Integrity Auto Body, Inc. $1,153.20

By Order of the Township Committee,

__________________________

C. Larry Tatsch, Mayor

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Motion by Mr. Martin, seconded by Mr. Kneski, and carried unanimously to approve the refund resolution.

TAX COLLECTOR HYLAND presented her September 2008 Municipal Receipts and Disbursement Report, a certification of tax bill mailing, and a copy of the legal notice for the October 24, 2008, tax sale. Mrs. Cregar commented on a property owner who was listed on the sale list.

Tax Collector's Resolutions:

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RESOLUTION #177-08

WHEREAS there has been a redemption made for Tax Sale Certification #200109, Block 42, lot 12.01, held by Tad Dabrowski and

WHEREAS the amount of $21,701.45 has been collected from J. Douglas Orr Esq., attorney for C. & E. Route 31 LLC, the new owner for this property;

THEREFORE, BE IT RESOLVED that this amount of $21,701.45 be prepared by the Tax Collector and mailed to Tad Dabrowski, holder of Tax Sale Certificate #200109.

By Order of the Township Committee,

___________________________

C. Larry Tatsch, Mayor

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RESOLUTION #178-08

WHEREAS there has been a redemption made for Tax Sale Certification #200004, Block 42, lot 12.01, held by Eugene DeNagel and

WHEREAS the amount of $5,698.49 has been collected from J. Douglas Orr Esq., attorney for C. & E. Route 31 LLC, the new owner for this property;

THEREFORE, BE IT RESOLVED that this amount of $5,698.49 be prepared by the Tax Collector and mailed to Eugene DeNagel, holder of Tax Sale Certificate #200004.

By Order of the Township Committee,

___________________________

C. Larry Tatsch, Mayor

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RESOLUTION #179-08

WHEREAS, there had been taxes billed for 2007 for Block 21, lot 2.04, assessed to the New Jersey Conservation Foundation and,

WHEREAS this property should have been exempted for 2007,

THEREFORE, BE IT RESOLVED that the 2007 taxes in the amount of $594.88 be cancelled and that the Tax Collector be released from the collection of these taxes.

By Order of the Township Committee,

____________________________

C. Larry Tatsch, Mayor

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Motion by Ms. Lenox, seconded by Mrs. Cregar, and it was carried unanimously to approve the Tax Collector's Resolutions.

Mr. Kneski asked if the Construction Official would be able to include COAH developer fees as part of his construction reports on a monthly basis. The Clerk will check on this.

All other administrative reports were accepted without comment.

CORRESPONDENCE

Mr. Tatsch asked about the resolution suggested by the Citizens to Protect Hunterdon's Clean Water and Rural Landscapes; Mrs. Stahl explained that this was the same resolution the governing body adopted at the last meeting.

Mr. Matheny explained that the Raritan Township Chief of Police and possibly the Mayor would attend the executive session to discuss contracts. The Chief has some documents, which Mr. Matheny should receive by next Tuesday or Friday; it will be forwarded to the governing body to develop questions for the meeting.

Mrs. Cregar asked if the vote for police services had to be unanimous. Mayor Tatsch explained that it was his personal opinion that the Township Committee should vote their conscience. Mrs. Cregar commented on hearing many opinions from the public during her contact with them. Mr. Tatsch noted that the Township Committee must look at all options, including the fact that the Township may be able to collect ticket money, which was not available through the State Police.

Mr. Tatsch stated that he would be attending the October 29, 2008, Hunterdon County Municipal Officers' Association Dinner in Flemington. Michael Capabianco will give an update on the First Shared Services Report. Other Committee members were invited to attend.

ADJOURNMENT

There being no further business, a motion was made by Ms. Lenox, seconded by Mr. Kneski, and it was carried unanimously to adjourn the meeting at 9:58 p.m.

______________________________

Teresa R. Stahl, RMC/CMC

Municipal Clerk