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TOWNSHIP OF HAMILTON MEETING MINUTES TOWNSHIP COUNCIL President Dennis Pone Vice President Kevin Meara Council Members:

David Kenny, Kelly Yaede, and Edward Gore

Tuesday, August 16, 2011 Agenda Meeting 6:40 PM Public Meeting Immediately Follows

The agenda as it appears was discussed by members of Council along with members of the Administration. STATEMENT OF THE PRESIDENT This meeting is being held with the benefit of public notice as required by the Open Public Meetings Act Salute to the Flag Invocation Roll Call Council Members Present: David Kenny, Kevin Meara, Edward Gore, Kelly Yaede, and Dennis Pone Administration Present: Lindsay Burbage, Director, Department of Law John F. Ricci, Business Administrator

Minutes Draft Minutes May 3, 2011 Agenda and Public Meetings Draft Minutes May 17, 2011 Agenda and Public Meetings Draft Minutes June 21, 2011 Agenda and Public Meetings Roll Call K. MEARA ____, D. KENNY____, K. YAEDE_____, E. GORE _____, D. PONE _____ Public/Scoping Hearing Willey School, 310 Rowan Avenue Proposed Green Acres after the fact disposal Communications Consent Agenda 2a. A Resolution Of The Township Of Hamilton, County Of Mercer, State Of New Jersey, Expressing The Sense Of The Senate Regarding Coming Together As A Nation And Ceasing All Work Or Other Activity For A Moment Of Remembrance Beginning At 1:00 PM Eastern Daylight Time On September 11, 2011, In Honor Of The 10th Anniversary Of The Terrorist Attacks Committed Against The United States On September 11, 2001 Resolution Authorizing Agreement With ARC Enterprises To Provide Evening Custodial Services For Various Hamilton Township Building (Municipal Building, Health Building, Veterans Park Maintenance Building And External Bathrooms, Golf Center/Call Center, And Department Of Public Works Headquarters Building) ($228,000.00 Maximum) Resolution Authorizing Execution of Municipal Development Agreement between Matrix Hamilton Land Development LLC and the Township of Hamilton for a project to develop a 77,775 square foot warehouse/office building, located at 15 Quakerbridge Plaza Drive, Hamilton Township, New Jersey (Block 1520, Lot 31.03)

2b.

2c.

2d.

Resolution Providing For The Insertion Of A Special Item Of Revenue In The Budget Of The Township Of Hamilton (Solid Waste Administration 2009 Recycling Tonnage Grant; $253,432.82) Resolution Establishing A Contract To Provide Food Services For Hamiltons Senior Center Fall Dinner Dance With Cedar Gardens ($12,600.00) Resolution Establishing A Contract With A&A Painting Contracting Company For Municipal Building Millwork Restoration Phase B And C ($119,000.00) Resolution Establishing A Contract With Riggs Distler & Company To Upgrade Air Quality Ductwork At The Sludge Dewatering Facility For The Department Of Water Pollution Control ($316,200.00 Maximum) Resolution Establishing A Contract With Earle Asphalt For Road Improvements To Kendall Road, Endicott Road And Albemarle Road ($581,613.13 Maximum) Resolution Establishing A Contract With Ocean Excavating For Lalor Tract Curb, Sidewalk And Accessible Ramp Construction ($108,355.50 Maximum)

2e.

2f.

2g.

2h.

2i.

Consent Agenda contd

2j.

Resolution Establishing A Contract With Winner Ford For The Purchase Of Two (2) 2011 Ford F-150 4x4 Crew Cab Pickup Trucks ($61,576.00 Maximum) Resolution Establishing A Contract For The Purchase Of Nine (9) 2011 Ford Crown Victorias (Marked) For The Police Department With Winner Ford Via State Of New Jersey Contract Nos. A72467 And A74939 ($275,121.00 Maximum) Resolution Establishing A Contract For The Purchase Of A 2012 Chevrolet Impala 9C3 (Unmarked) For The Police Department With Winner Ford Via State Of New Jersey Contract Nos. A79008 And A74939 ($24,253.69 Maximum) Resolution Establishing A One Year Contract For Motor Vehicle Transmission Repairs And Services With Jasper Engines & Transmissions ($50,000.00 Shared Maximum) Resolution Establishing A One Year Contract With Jones Chemical For The Purchase And Delivery Of Liquid Sodium Hypochlorite To The Department Of Water Pollution Control Pumping Stations ($37,500.00 Maximum) Resolution Establishing A Two Year Contract For Belt Press Repair With Komline Sanderson For The Department Of Water Pollution Control ($93,280.00) Resolution Approving Change Order One To Contract 10-445 Awarded To Louis Barbato Landscaping For Spring 2010 Residential And Miscellaneous Tree Planting Phase Two (+$628.00) Resolution Approving Change Order Number One To Contract 10-431 Awarded To Meco Incorporated For Road Improvements To Yorkshire Road, Tartear Drive And Rotunda Drive ($84,225.44) Resolution Authorizing Amendment No. 2 To A Professional Services Agreement (10-168) With Clarke Caton Hintz To Assist In The Preparation Of A New Comprehensive Master Plan For Hamilton Township (+$38,504.54) Resolution Authorizing The Refund Of Fee Paid By Theresa Allen For A Construction Permit ($50.00) Resolution Authorizing The Refund Of Fee Paid By Dusty And Marie Everson For A Housing Inspection ($75.00) Resolution Authorizing The Refund Of Fee Paid By A.J. Perri, Inc. For A Construction Permit ($100.00) Resolution Authorizing The Refund Of Real Estate Tax Overpayments ($1,462.88) Resolution Authorizing The Release And Replacement Of Performance Bond For Development Known As Matrix Hamilton Land Development Located At 15 Quakerbridge Plaza Drive, Block 1520, Lot 31.03 (Phase II)

2k.

2l.

2m.

2n.

2o.

2p.

2q.

2r.

2s.

2t.

2u.

2v. 2w.

2x.

Resolution Authorizing Agreement For Professional Services With Birdsall Services Group For The New Jersey Department Of Environmental Protection Remedial Action Services For The Stockyard Closure At The Department Of Water Pollution Control Located At 300 Hobson Avenue ($35,500.00 Maximum)

Ordinances

3a.

11-025

Ordinance Amending And Supplementing The Code Of Ordinances, Hamilton Township, New Jersey, Vehicles And Traffic, Article XII Schedules, Schedule XII: Bus Stops (Klockner Road) SECOND READING AND PUBLIC HEARING

3b.

11-026

Ordinance Amending And Supplementing The Code Of Ordinances, Hamilton Township, New Jersey, Vehicles And Traffic, Article XII Schedules, Schedule XII: Bus Stops (Various Mercer County Roadways) SECOND READING AND PUBLIC HEARING

3c.

11-027 An

Ordinance Establishing Handicapped Parking Spaces (52 Charlotte Avenue; 30 Oregon Avenue) SECOND READING AND PUBLIC HEARING

3d.

11-028

Ordinance Amending And Supplementing The Code Of Ordinances, Hamilton Township, New Jersey, Chapter 146, Towing, Section 146-28, Limitation Of Fees For Storage Of Removed Vehicles SECOND READING AND PUBLIC HEARING

3f.

11-031

Ordinance Accepting Deed of Dedication For Public Purposes (Mercer Realty Corporation; Corner of N.J. Route #33 And Klockner Road, Block 1772, Lot 10) FIRST READING AND INTRODUCTION

3g.

11-032

Ordinance Accepting Sight Triangle Easement (Bottom Dollar Food Northeast, LLC; Block 2451, Part of Lots 2-7, South Broad Street [NJSH 206] and Dewey Avenue) FIRST READING AND INTRODUCTION

RECESS AS THE TOWNSHIP COUNCIL AND CONVENE AS THE LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD 4a. Resolution Authorizing The Place-To-Place Transfer (Expansion Of Premise) Of Alcoholic Beverage Control Club License 1103-31-072-001 (Yardville Veterans Of Foreign Wars Post #491 T/A VFW #491) Resolution Authorizing The Person-To-Person And Place-To-Place Of Alcoholic Beverage Control License 1103-33-053 [QP Eatery, Inc., (Pocket License) To M-V-Graziano, LLC, 310 Klockner Road]

4b.

RECESS AS THE LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD AND RECONVENE AS THE TOWNSHIP COUNCIL

Comments from the Public Comments from the Council Adjournment: 6:55 PM

TOWNSHIP OF HAMILTON MEETING MINUTES TOWNSHIP COUNCIL President Dennis Pone Vice President Kevin Meara Council Members: David Kenny, Kelly Yaede, and Edward Gore

Tuesday, August 16, 2011 Agenda Meeting 6:55 PM Public Meeting Immediately Follows

Statement of the President This meeting is being held with the benefit of public notice as required by the Open Public Meetings Act Salute to the Flag Invocation led by Councilman Gore Roll Call Council Members Present: David Kenny, Kevin Meara, Edward Gore, Kelly Yaede, and Dennis Pone Administration Present: Lindsay Burbage, Director, Department of Law John F. Ricci, Business Administrator

Public/Scoping Hearing PRESIDENT PONE: We have tonight a public scoping hearing on the Willey School, 310 Rowan Avenue proposed Green Acres after the fact disposal. Mr. Ricci, if you would begin with your statements, then we will have a public hearing. MR. RICCI: Thank you Mr. President. As you stated, this is a scoping hearing for Willey School. Under Green Acres Program rules, which require certain steps be followed since this is an after the fact event. Just a little quick background which I did relate to Council during the agenda meeting. Willey School was originally operated by the Board of Education as an elementary school. It was transferred to the Township in 1977 since it was no longer required as an elementary school. The township used it as a recreation site for a variety of programs primarily outdoor, including tennis courts, a playground, and basketball courts. In 2005, the Board of Education asked that the school be returned to them as it had need for it having to do with certain recreation programs. These are individuals that are important to the Board of Education. And the board felt the most appropriate way to provide them with an education was in this special setting. Just for the record, the site is located at 310 Rowan Avenue and is slightly less than one acre. The educational program strives to engage students with relevant activities for developing careers, vocational, and life skills. Students are involved in activities designed to promote self esteem and self discipline. In addition, students learn to develop positive relationships and to improve their problem solving and decision making skills. The township has identified a site on Cypress Lane which consists of 13.5 acres of land approximately, of which 3 acres is uplands, and the balance of which is wetlands. We have discussed the property with the state Green Acres Program. It does meet their rules for an appropriate replacement for that portion of the Willey School site that is now with the Board of Education. There is no requirement for the Township to pay for this property since its being transferred to us as part of a Planning Board approval for a residential development. Weve also considered any other alternative sites that were available to us and were not able to identify any. That would conclude my statement Mr. President, and you can take comments from Council or the public. PRESIDENT PONE: This is a public hearing, but I will ask Council if you have any comments or questions. COUNCILMAN KENNY: It appears it was just a technicality. It went from public entity to public entity, back to another public entity. It is still serving the public good, but this is certainly a good solution

that were getting the donation of the rights to the land of about 13 acres on Cypress Lane, which are close to the senior center, right? MR. RICCI: Yes. COUNCILMAN KENNY: Theyre adjacent at some part. COUNCILMAN GORE: Now, I will ask a question, how far back does it go? Does it go all the way to Whitehorse Avenue? MR. RICCI: No. COUNCILMAN GORE: That area that would be closer towards the senior center. MR. RICCI: Yes, its between the senior center and the interstate. COUNCILMAN GORE: Okay, thank you. VICE-PRESIDENT MEARA: John, how did the Willey School come under Green Acres originally? Is that money used? MR. RICCI: It was not acquired with Green Acres money. But anytime a facility is listed as part of a towns recreation inventory, it cannot be removed from that inventory without the approval of the states Green Acres Program. The reason for that is so that you dont take some money from Green Acres to buy a property and then sell off another one. VICE-PRESIDENT MEARA: Had that been the case that there was Green Acres money used, we would in some instances have to return the money to the Green Acres Program if we were doing something with the project property. MR. RICCI: They may not have allowed us to do a transfer. MR. ED PFEIFFER, 4 Halley Drive: I just have a couple more questions trying to get some more information about this transaction for the Green Acres property. Can you tell me more about that thirteen acres? For example, was it deed restricted already? MR. RICCI: No, it wasnt. MR. PFEIFFER: It was never conservation restricted? MR. RICCI: No. MR. PFEIFFER: Okay. MR. RICCI: Had it been, it would not have counted for this transaction. MR. PFEIFFER: Yeah, thats what I was wondering about. Okay, thanks. The second thing is this was in front of the Planning Board. As part of an agreement for a development, this land was set aside. Who was the developer? Who was the owner of that parcel of property thats going to be set aside? MR. RICCI: Its Jerry Salzano. It might have been under a different company name or something, but thats the individual we have. MR. PFEIFFER: Okay, I just wanted to know that. The only concern that I guess I have about this is I wonder if were really getting a gain on this. If this wasnt set aside for conservation easement to begin with, I guess there is some kind of a gain for everybody on this? Okay, thank you. MS. MARIE JANTOS, 304 McClellan Avenue: Im near the Independence Plaza. Im just wondering what type of impact it would have within the housing area surrounding the Green Acres parcel, and whats included within that? In other words, right in front of the Willey School, theres a huge sign which says the Willey School is part of this Green Acres Program which is at Rowan and McClellan. And then its Green Acres, thirteen acres goes beyond that. Does it have any effect at all on the housing within the area? MR. RICCI: No, the site were talking about acquiring is on Cypress Lane. Its not near Willey School. The programs at Willey School will stay just as they are today. MS. JANTOS: The sign was put up there just for notification in front of the Willey School?

MR. RICCI: About the public hearing? MS. JANTOS: Yes. MR. RICCI: Yes. MS. JANTOS: Thank you. MR. BURBAGE: Mr. President, in furtherance of that, and I believe we probably need to for the record anyway. Green Acres requires the posting of those visible signs as well as two notices in the paper; one thirty days out and one two weeks out. And both of those notices occurred and theres the signs posted on three different sides of the school. PRESIDENT PONE: So all notification was proper per Green Acres. MS. KATHERINE DAWSON, 6 Rockwood Avenue: Its my understanding that its not just residential, but the back portion was to be dedicated to the township by resolution. Im not getting that from what you had said Mr. Ricci. MR. RICCI: Youre talking about the piece on Cypress Lane? MS. DAWSON: Yes. MR. RICCI: Yes, it is being dedicated to the township. MS. DAWSON: Oh okay, maybe I missed it, but I dont recall you saying that. MR. RICCI: Were using that dedication, that land were going to receive as the swap, if you will. COUNCILMAN KENNY: Catherine, if you remember, this is the property that there were townhouses proposed at one time. I can recall that was late 2007. MS. DAWSON: It was before then. COUNCILMAN KENNY: Late 2005, and then its resulted in four houses will be built there or three? MS. DAWSON: Three. They have for sale signs up already. COUNCILMAN KENNY: Yes, I saw the lots. MR. RICCI: So that land that is being dedicated to the township will now become public property, and must be reserved for open space recreation type uses. MS. DAWSON: Fine. MR. RICCI: The swap has to be at least five to one; five acres of new property to one acre at Willey School, and thats actually almost 14 acres. MS. DAWSON: Did I understand you correctly that this has all been approved by the Department of Environmental Protection, or is it still in process? MR. RICCI: Its been reviewed by them. They wouldnt give us a final approval until after the scoping hearing is completed. We then submit all the documentation. But theyve reviewed it, and its acceptable, it meets the regulations. MS. DAWSON: Any time frame here as far as when it will come before the Council as for resolution of adopting this? MR. RICCI: Youre talking about the dedication of the land? MS. DAWSON: Yes. MR. RICCI: I dont have a timeframe on it, no. MS. DAWSON: Next year? MR. RICCI: At the latest, yes. COUNCILMAN KENNY: It will probably be earlier than that. MR. RICCI: It would be part of the development process for the site.

COUNCILMAN KENNY: And the filing of the subdivision maps? MR. RICCI: Generally, once the subdivision maps are filed, which cant be done until after final Planning Board approval. I dont believe he has yet, just preliminary. Then that map would set forth each parcel that can be built on. As well as the parcel thats being dedicated to the town. Then a deed will be given to the township for that parcel. MS. DAWSON: I went on line today and this is just a different matter. The agendas for the Council, they seem to just go back until May. PRESIDENT PONE: The dates are out of I dont know if thats been resolved. It sounds like it hasnt been. MS. EILEEN GORE: Its the way that the web is set up. PRESIDENT PONE: Theyre not chronological, so you kind of MS. DAWSON: I didnt seem to see August, or July, or June. MS. GORE: No, theyre all there. MS. DAWSON: Theyre there? MS. GORE: You just might have to go up as opposed to down to the left. MS. DAWSON: Oh okay. PRESIDENT PONE: We talked about that at the last meeting because someone had the same problem. I think we ought to attempt to resolve that with Technology. MS. GORE: We did attempt to address that with our IT Department, but nothings been done. MS. DAWSON: You have to look at that contract for next year. PRESIDENT PONE: Those are good points. VICE-PRESIDENT MEARA: John, just for clarity, on Green Acres, sometimes we have developers who put together plots of land. And then only parts of it are developable. Some of it, they may dedicate where they give it to the township for no cost. Whereas there are other properties that might be a farm or something where we use our open space funding, maybe Green Acres funding where there is a cost to those properties. This one, as you indicated, is just a dedication. MR. RICCI: Correct. MR. STAN JACOBOSKI, 17 Bearbranch Road: That was me at the last meeting with the chronological order. Sorry about that. I had a question; you said that Green Acres on the Willey School was because of the tennis court and the basketball court? MR. RICCI: No, not because of it. MR. JACOBOSKI: The recreational facilities? MR. RICCI: Its because it was transferred to the Board of Education. MR. JACOBOSKI: Thats why it was placed under Green Acres because its a recreational facility. MR. RICCI: Well, it was actually not placed under Green Acres; it was placed on the townships recreation inventory. MR. JACOBOSKI: Okay. MR. RICCI: And once youre on the inventory, it cant be removed without Green Acres approval. MR. JACOBOSKI: Does that mean when you take possession of the other property, that three acres that you can use, youre going to put tennis courts in there or pave it over? MR. RICCI: Not necessarily, no.

MR. JACOBOSKI: There are actually no plans for that then? MR. RICCI: Not at this point, no. MR. JACOBOSKI: All right, thanks. MR. MARK MEARA, 13 Bearbranch Road: I just have a question. It came to my mind in what Im dealing with which is quickly approaching a superfund site behind my house. Ill get to that later in the meeting. Not looking to get towards an amount on this, has there been any environmental testing to check that were not taking a headache off the builders hands? There might be contamination on this property and then the township would assume responsibility for it? It looks like a nice gift, and all of the sudden we have liability on our hands. Its going to cost taxpayers money? Has there been any environmental testing or assessment done on this site? MR. RICCI: Normally, we would require a Phase One environmental be done before we accepted it. I dont believe thats been completed yet. It may have been Im just not aware of it. COUNCILMAN KENNY: It may have actually been done back in 2005 because it may have gone to the Zoning Board. MR. RICCI: Unless it was an acceptable parcel, we wouldnt accept it. MR. MEARA: I would just strongly suggest that, that be looked into. I mean, we have a site in my backyard that was claimed to be mildly to no contamination, that were now finding out is significantly contaminated. Ill get to that later in the meeting. But Id hate to see the township hold liability for a site and take it off the builders hands, when its significantly contaminated. I have no idea about the site history, but its worth getting thoroughly tested. PRESIDENT PONE: Thank you Mark. Seeing and hearing no further comment from the public, Mr. Meara moved to close the public hearing, seconded by Mr. Kenny; unanimously approved. Minutes On the motion of Mr. Kenny, seconded by Mr. Meara; the following agenda and public meeting draft minutes were unanimously approved: Draft Minutes May 3, 2011 Agenda and Public Meetings Draft Minutes May 17, 2011 Agenda and Public Meetings Draft Minutes June 21, 2011 Agenda and Public Meetings Communications Consent Agenda On the motion of Ms. Yaede, seconded by Mr. Gore; consent agenda items 2a through 2x were unanimously approved. 11-301 A Resolution Of The Township Of Hamilton, County Of Mercer, State Of New Jersey, Expressing The Sense Of The Senate Regarding Coming Together As A Nation And Ceasing All Work Or Other Activity For A Moment Of Remembrance Beginning At 1:00 PM Eastern Daylight Time On September 11, 2011, In Honor Of The 10th Anniversary Of The Terrorist Attacks Committed Against The United States On September 11, 2001 11-302 Resolution Authorizing Agreement With ARC Enterprises To Provide Evening Custodial Services For Various Hamilton Township Building (Municipal Building, Health Building, Veterans Park Maintenance Building And External Bathrooms, Golf Center/Call Center, And Department Of Public Works Headquarters Building) ($228,000.00 Maximum) 11-303 Resolution Authorizing Execution of Municipal Development Agreement between Matrix Hamilton Land Development LLC and the Township of Hamilton for a project to develop a 77,775 square foot warehouse/office building, located at 15 Quakerbridge Plaza Drive, Hamilton Township, New Jersey (Block 1520, Lot 31.03) 11-304 Resolution Providing For The Insertion Of A Special Item Of Revenue In The Budget Of The Township Of Hamilton (Solid Waste Administration 2009 Recycling Tonnage Grant; $253,432.82) 11-305 Resolution Establishing A Contract To Provide Food Services For Hamiltons Senior Center Fall Dinner Dance With Cedar Gardens ($12,600.00)

11-306 Resolution Establishing A Contract With A&A Painting Contracting Company For Municipal Building Millwork Restoration Phase B And C ($119,000.00) 11-307 Resolution Establishing A Contract With Riggs Distler & Company To Upgrade Air Quality Ductwork At The Sludge Dewatering Facility For The Department Of Water Pollution Control ($316,200.00 Maximum) 11-308 Resolution Establishing A Contract With Earle Asphalt For Road Improvements To Kendall Road, Endicott Road And Albemarle Road ($581,613.13 Maximum) 11-309 Resolution Establishing A Contract With Ocean Excavating For Lalor Tract Curb, Sidewalk And Accessible Ramp Construction ($108,355.50 Maximum) 11-310 Resolution Establishing A Contract With Winner Ford For The Purchase Of Two (2) 2011 Ford F-150 4x4 Crew Cab Pickup Trucks ($61,576.00 Maximum) 11-311 Resolution Establishing A Contract For The Purchase Of Nine (9) 2011 Ford Crown Victorias (Marked) For The Police Department With Winner Ford Via State Of New Jersey Contract Nos. A72467 And A74939 ($275,121.00 Maximum) 11-312 Resolution Establishing A Contract For The Purchase Of A 2012 Chevrolet Impala 9C3 (Unmarked) For The Police Department With Winner Ford Via State Of New Jersey Contract Nos. A79008 And A74939 ($24,253.69 Maximum) 11-313 Resolution Establishing A One Year Contract For Motor Vehicle Transmission Repairs And Services With Jasper Engines & Transmissions ($50,000.00 Shared Maximum) 11-314 Resolution Establishing A One Year Contract With Jones Chemical For The Purchase And Delivery Of Liquid Sodium Hypochlorite To The Department Of Water Pollution Control Pumping Stations ($37,500.00 Maximum) 11-315 Resolution Establishing A Two Year Contract For Belt Press Repair With Komline Sanderson For The Department Of Water Pollution Control ($93,280.00) 11-316 Resolution Approving Change Order One To Contract 10-445 Awarded To Louis Barbato Landscaping For Spring 2010 Residential And Miscellaneous Tree Planting Phase Two (+$628.00) 11-317 Resolution Approving Change Order Number One To Contract 10-431 Awarded To Meco Incorporated For Road Improvements To Yorkshire Road, Tartear Drive And Rotunda Drive ($84,225.44) 11-318 Resolution Authorizing Amendment No. 2 To A Professional Services Agreement (10-168) With Clarke Caton Hintz To Assist In The Preparation Of A New Comprehensive Master Plan For Hamilton Township (+$38,504.54) 11-319 Resolution Authorizing The Refund Of Fee Paid By Theresa Allen For A Construction Permit ($50.00) 11-320 Resolution Authorizing The Refund Of Fee Paid By Dusty And Marie Everson For A Housing Inspection ($75.00) 11-321 Resolution Authorizing The Refund Of Fee Paid By A.J. Perri, Inc. For A Construction Permit ($100.00) 11-322 Resolution Authorizing The Refund Of Real Estate Tax Overpayments ($1,462.88) 11-323 Resolution Authorizing The Release And Replacement Of Performance Bond For Development Known As Matrix Hamilton Land Development Located At 15 Quakerbridge Plaza Drive, Block 1520, Lot 31.03 (Phase II) 11-324 Resolution Authorizing Agreement For Professional Services With Birdsall Services Group For The New Jersey Department Of Environmental Protection Remedial Action Services For The Stockyard Closure At The Department Of Water Pollution Control Located At 300 Hobson Avenue ($35,500.00 Maximum)

ORDINANCE - SECOND READING AND PUBLIC HEARING 11-025 Ordinance Amending And Supplementing The Code Of Ordinances, Hamilton Township, New Jersey, Vehicles And Traffic, Article XII Schedules, Schedule XII: Bus Stops (Klockner Road)

After the above ordinance had been read by title, the President declared the public hearing open and asked if anyone wished to be heard concerning same. There being no response, Mr. Gore moved to close the public hearing and adopt, seconded by Ms. Yaede; unanimously approved. ORDINANCE - SECOND READING AND PUBLIC HEARING 11-026 Ordinance Amending And Supplementing The Code Of Ordinances, Hamilton Township, New Jersey, Vehicles And Traffic, Article XII Schedules, Schedule XII: Bus Stops (Various Mercer County Roadways)

After the above ordinance had been read by title, the President declared the public hearing open and asked if anyone wished to be heard concerning same. There being no response, Mr. Meara moved to close the public hearing and adopt, seconded by Mr. Kenny; unanimously approved. ORDINANCE - SECOND READING AND PUBLIC HEARING 11-027 Ordinance Establishing Handicapped Parking Spaces (52 Charlotte Avenue; 30 Oregon Avenue)

After the above ordinance had been read by title, the President declared the public hearing open and asked if anyone wished to be heard concerning same. There being no response, Mr. Kenny moved to close the public hearing and adopt, seconded by Mr. Meara; unanimously approved. ORDINANCE - SECOND READING AND PUBLIC HEARING 11-028 Ordinance Amending And Supplementing The Code Of Ordinances, Hamilton Township, New Jersey, Chapter 146, Towing, Section 146-28, Limitation Of Fees For Storage Of Removed Vehicles

After the above ordinance had been read by title, the President declared the public hearing open and asked if anyone wished to be heard concerning same. There being no response, Ms. Yaede moved to close the public hearing and adopt, seconded by Mr. Gore; unanimously approved. ORDINANCE - FIRST READING AND INTRODUCTION 11-031 Ordinance Accepting Deed of Dedication For Public Purposes (Mercer Realty Corporation; Corner of N.J. Route #33 And Klockner Road, Block 1772, Lot 10)

Mr. Gore made a motion to approve the above ordinance on first reading, seconded by Ms. Yaede; unanimously approved. ORDINANCE - FIRST READING AND INTRODUCTION 11-032 Ordinance Accepting Sight Triangle Easement (Bottom Dollar Food Northeast, LLC; Block 2451, Part of Lots 2-7, South Broad Street [NJSH 206] and Dewey Avenue)

Mr. Meara made a motion to approve the above ordinance on first reading, seconded by Mr. Kenny; unanimously approved. RECESS AS THE TOWNSHIP COUNCIL AND CONVENE AS THE LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD Mr. Kenny moved to adopt, seconded by Mr. Meara; unanimously approved. 11-325 Resolution Authorizing The Place-To-Place Transfer (Expansion Of Premise) Of Alcoholic Beverage Control Club License 1103-31-072-001 (Yardville Veterans Of Foreign Wars Post #491 T/A VFW #491) Ms. Yaede moved to adopt, seconded by Mr. Gore; unanimously approved after the following discussion: VICE-PRESIDENT MEARA: Mr. President, I have a question on this one, if I may through you? Lindsay or actually Eileen, you might be able to answer this. Is there any increase cost in their liquor license because of this?

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MS. EILEEN GORE: No, actually their fee would be 10% which amount to $18 when you wave the municipal fee for the application. VICE-PRESIDENT MEARA: But no additional cost in their annual liquor license? MS. GORE: No, their annual liquor license stands at $150, we have not raised that. VICE-PRESIDENT MEARA: Thank you very much. 11-326 Resolution Authorizing The Person-To-Person And Place-To-Place Of Alcoholic Beverage Control License 1103-33-053 [QP Eatery, Inc., (Pocket License) To M-V-Graziano, LLC, 310 Klockner Road] Mr. Gore moved to adopt, seconded by Ms. Yaede; unanimously approved. RECESS AS THE LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD AND RECONVENE AS THE TOWNSHIP COUNCIL Mr. Meara moved to adopt, seconded by Mr. Kenny; unanimously approved. Councilman Kenny has left the meeting. Comments from the Public MR. AUGUST SCOTTO, Mark Twain Drive: Im coming for an old complaint. Ive been going out with Richard Kanka the candidate for State Senate. And weve been doing fine going knocking on doors, talking to people, its been good. We went to the senior center across from RWJ. PRESIDENT PONE: The over 55 housing complex youre talking about? MR. SCOTTO: They wouldnt let him in there. Now, I know that this was something that the state legislative body has done. But what theyre doing is denying people the right to hear each candidates views and ask questions. We met some of the people afterwards and they thought it was one of them we knew well. They thought it was bad, but they said thats the way they work things here that you cant come into that place. Thats rotten, I mean, they are not letting the people hear each candidate. What they should do, if the person doesnt like to hear it, just say no, I dont want to hear it, and shut the door, and theyve said their peace. But when they set up a regulation, where they dont allow people running for office to go into an area and speak freely with the people that want to speak to them. And they dont know whats going on. Youd be surprised how many dont know half the issues that he brought up to them and its rotten. We must resort to the Constitution where they cant play games like this. They have to let the people decide not some character saying you cant do that, you cant go in there. Its wrong. We have to have more people input. Ive been fighting these things for years, and Im sick and tired of it. Like for instance, they live in the township I figured. They have a special privilege over there, why? I mean, I live on a street, and Im as old as any of them in there, Im 84. I dont have that same prerogative on my street. Why are they doing this? Theyre playing politics with everything, and its wrong. Like for instance, I heard something before about the planning board not approving it. Another thing against the Constitution. The people have one legislative body in this township. Thats you people. You people have the right to say yes or no. This way if we dont like it, we can vote you out. When we do we get a chance to vote out the planning board, the zoning board, the people who are pushing the that thing, denying us the rights to go into an area to speak to people who want to listen and allow them to decide. Weve got to get more of this Constitution done in the whole country. But Im just talking to you guys because this is your area. PRESIDENT PONE: I think youre right Augie. VICE-PRESIDENT MEARA: Mr. President, if I may? Mr. Scotto, question for you, can you repeat, where did you say this happened? MR. SCOTTO: Across from the I forget the name of it. PRESIDENT PONE: Evergreen. VICE-PRESIDENT MEARA: John, do you know, the streets in Evergreen, are they dedicated? COUNCILMAN KENNY: Its a private community. VICE-PRESIDENT MEARA: Evergreen, we dont maintain their streets or sewers? COUNCILMAN KENNY: Since its private property, the courts have ruled that they can have those types of restrictions.

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VICE-PRESIDENT MEARA: But we dont maintain those streets. COUNCILMAN KENNY: Correct. MR. SCOTTO: Yeah, but they dont do that on my street. I dont have the prerogative. COUNCILMAN KENNY: Yours is a public street. MR. SCOTTO: Well, so is theirs. COUNCILMAN KENNY: No, those are private. MR. SCOTTO: There is no private areas anywhere in this township. The game that theyre playing to regulate these things and make them private is a game that was set up with the person who was beginning an area and playing games and trying to get more money for what they want, but theyre falling apart. Today, you see all these senior places, they cant sell their property. Its going bankrupt all these places. Why, because of all these bologna stories that the guy that made up these deals is doing. Like I even went down to the State Supreme Court. When they were talking about this senior group community up in Hightstown telling each one of those people they cant put a sign for any candidate that they like on the property that they pay taxes on. I asked who is saying no? Oh, the people that built the community. Theyre not even politicians, theyre playing games with the people, I said to the state supreme court. Their answer was, the people knew what they were getting into when they moved in. I said, that does not make it Constitutionally proper. They shrugged their shoulders. COUNCILMAN KENNY: I think most of us agree with you Mr. Scotto, so we appreciate your input. VICE-PRESIDENT MEARA: they pay for their own street lighting, their own sewer? COUNCILMAN KENNY: We contribute; theyre entitled to get a contribution from the township. PRESIDENT PONE: The bi-laws of condo associations, do they supersede our township or state laws? MR. RICCI: Since its a private development, they can place restrictions on solicitation within the development of any kind as well as signs on lawns and so forth. COUNCILMAN KENNY: Just like they have restrictions on what you can put and hang on your windows, what you can do to the outside of your property. MR. RICCI: Ive heard from folks that arent allowed to have gardens in their backyard, and on, and on, and on. But those are the rules, maybe not everybody realized it at the time they bought that property, but they do have the right to do those things. As far as maintenance of the streets and so forth, we do have responsibilities under the state condominium act to either maintain or reimburse for snow removal, garbage collection, street lights, and so forth. COUNCILMAN KENNY: We dont have to repair the streets or reconstruct the streets. Thats on the home owners association. COUNCILMAN GORE: And unfortunately, reading of the Constitution will indicate your freedom of speech is protected against the government, not against other private entities, contrary to popular belief. VICE-PRESIDENT MEARA: Wouldnt you think if there was legislation that says the municipality has to contribute or reimburse for facilities, then that would make it public. COUNCILMAN GORE: I agree with you, and that was the edge some people tried to use when they went before the New Jersey Supreme Court and didnt flush. VICE-PRESIDENT MEARA: The New Jersey Supreme Court. COUNCILMAN GORE: The US Supreme court wont be any more tolerant. MS. JANICE GLONEK, 432 Trinity Avenue: What happened to the Jehovah Witness Hall by Steinert? I mean, I went passed there and I thought it had exploded. MR. RICCI: The answer to your question is theyre rebuilding. MS. GLONEK: Theyre rebuilding it? PRESIDENT PONE: Theyre building it bigger, arent they? MR. RICCI: They have permits and theyre rebuilding.

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PRESIDENT PONE: And quite a bit bigger if I remember correctly. MS. EILEEN GORE: Theyre all volunteers. MS. GLONEK: And number two, I know who owns what part of what road. Nottingham Way from East State Street Extension heading towards Vincents Pizza to where 33 comes in. There is a line up from Five Points up to East State Street Extension, so its four Lanes on Nottingham Way. You follow me, coming from Five Points coming here its two lanes. You go through East State Street Extension, there are no lines. And its like everybody all of the sudden thinks its one lane when its still two lanes. And then after you go through the light at 33 and Nottingham Way, it goes back to two lanes. PRESIDENT PONE: How do you know its not one lane? MS. GLONEK: Shouldnt it be two lanes? It was two lanes there and all of the sudden, it goes into one lane? I mean, its still the same size road. PRESIDENT PONE: Theres a lot of places in Hamilton I can think of that do that. Sloan Avenue is a great example onto Flock. VICE-PRESIDENT MEARA: Thats county, right? MS. GLONEK: I was just curious, is there supposed to be a line there? I mean, because you almost get run over thinking youre supposed to stay to the right. Because if youre in that lane, youre going to wind around to go down Nottingham, everybody else is going to go down Hamilton. PRESIDENT PONE: I dont know the answer to that, but its not our road, correct? MS. GLONEK: So its Mercer Countys road? PRESIDENT PONE: Mercer County, yes. MS. GLONEK: So they would have to answer the question? PRESIDENT PONE: Good luck. MR. RICCI: They would have to answer the question, but my experience has been that everybody assumes its two lanes in both sides. And thats what they found. MS. GLONEK: But a couple times I almost got run over by people thinking its only one lane. So I really thought oh, there should be a line down there. MR. RICCI: Well, we can send a letter to the county about it, its a county road. PRESIDENT PONE: Its a good thing for us to bring up to them Madam Clerk. We should do that. VICE-PRESIDENT MEARA: Janice, you werent taking your half out of the middle were you? MS. GLONEK: No, I was over, but I almost got run over. Theres a lot of places I can think of that are like that. Its funny, if you go in the back of Princeton Market Fair, and the road that goes kind of around the property, is a two lane road. I mean, one lane each direction? Theres no lines at all. So I mean, theres people riding down the middle. I mean, Ive seen so many accidents, there in that shopping center, same reason, people think its one road. One going one way. But we can enquire about that one, but I can think of a handful of others that do exactly the same thing in our town. Where people are not sure whether theyre one lane or two lanes. MS. GLONEK: And then for my friend Mr. Burbage, who seemed to be the only one who knew the answer about the development in Shoprite Shopping Center. I was there today, have you seen all those little islands that are there and you cant find a place to park? Is our township the one that drew up the stupid plan? MR. RICCI: No, we dont drawl up stupid plans. MR. BURBAGE: We do approve them some times. MR. RICCI: The process would be that the developer drawls up a plan, submits it to the township, and would be approved by the planning board. MS. GLONEK: And they approved all these little they look like barbells all around. MR. RICCI: I think the purpose of that was to break up the parking, the sea of asphalt so that there are some islands, there will be a little landscaping in there, some trees, that was the point.

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MS. GLONEK: They broke it up really well, and its going to be a snow plowers nightmare. MR. RICCI: Thats their responsibility. COUNCILMAN GORE: Its going to get a little better Ms. Glonek, when they finish it. But youre right, in fact the other day, I went to the Shoprite to pick up a prescription, and I couldnt find a spot. I had to come back later. MR. RICCI: Part of the problem right now is its still under construction, so not all the parking is available, but there will be more than enough parking. MS. GLONEK: One of the senior citizens said to me, what happens when it snows and we senior citizens come here and we cant see where these little dubies are? Trust me, mark my words, youre going to have big time problems in that shopping center. And its supposed to be a beautiful setup, but you lost half of the parking already. But I was just wondering who were the genius PRESIDENT PONE: Mr. Kenny and I were walking through the train station housing development, and I was looking for the one and one half spaces. I couldnt find that anywhere. MS. GLONEK: Thank you. MR. MARK MEARA, 13 Bearbranch Road: Im curious, I have a question for Council members. I have a report in front of me Soil Analytic Results, May 18, 2011, Italian-American Sportsmen Club. Its approximately 20-some pages. Im curious if any of you have received this? MR. RICCI: We have not given it to the Council yet because the report is not complete. Were waiting for the analysis from our consultant SADAT. MR. MEARA: Okay, I obtained this out of a third party OPRA request which by the way, several members of the Community have told me its like pulling teeth trying to get information from the engineering department related to this site. This report, I have, only confirms what Ive been concerned about all along. Right now, its incomplete as Mr. Ricci had said. Whats funny is you receive a document and it has tables one through six. But we only are given tables one, three, four, and six, so were missing tables two and five. So I dont know how you get a report and give out to the public select parts of it when theres an OPRA request. And there has to be a coinciding report to this. This is just the analytical results. But almost a half of these samples are contaminated above DEP levels for lead. As we said, it was going to be the case all along. Theres ninety-two samples in here that are above state DEP limits. Ten of them that are almost one hundred times DEP limits. I work for an environmental consultant firm for seven years. Ive been saying this in front of the zoning board, this site is quickly approaching the criteria of a super fun site. We dont know where these samples were taken because we werent provided a location map. They had to have a location map when they identified samples. Why theyre not given it under OPRA requests, I know Save Hamilton Open Space put one in. They didnt get any results. Edison Wet Lands has put one in, they didnt get any results. Stan came down, he didnt get any results. It certainly appears that information is being withheld from us. Now this is directly adjacent to our backyards. My children play in here, and there are samples one hundred times lead contamination, ten in this report alone above, and I dont know where this was. I dont understand whats going on here. Were not being given information. At the last Council meeting, a professional engineer came up Since my word is not good enough, he expressed his concerns about the site. He was told by Rich Williams he would get information back. Hes received no information back yet. It certainly is the case that this site is heavily contaminated. They didnt even start any PAH testing. Were neighbors, this is adjoining to us. The zoning board went ahead and approved this plan with at least three or four township ordinances not in compliance. It was called to their attention by me and other residents. They still approved it, now were feeling the benefit. Why am I playing the role of township engineer? In fact, they wanted to move ahead with no additional testing. And thats what the zoning board was ready to do until we insisted and kept, the public that is, you had to do this, you had to do this. If they went ahead, they were going to clean up three small areas where they had lead samples that were barely above the limit of the DEP. They were at like 404 limits to one hundred. Now theyre hitting samples that are like 44,000, and multiple ones. This site is heavily contaminated, it needs to be treated that way. The last we checked, it still wasnt reported to DEP, which is a DEP requirement. That any time you hit contamination above DEP limits, it needs to be reported to DEP. I know what the township engineering department is doing, I dont know I dont know what sort of relationship theyve developed with the developer, and the environmental consultant, but something stinks. And I can tell you, Ive lived at this house for 42 years, Im not going away. And if I have to get the state commission on investigations involved, because games are being played, I certainly will. As you can tell, Im pretty upset about this. Because you talk about this level of contamination, if your kids, this was adjacent to their backyards, you wouldnt be happy with it either. And this wouldnt even happen if it wasnt for the residents. Because we had an environmental consultant come up in front of the zoning board saying oh theres only three small areas of contamination. Were going to come in with a backhoe, clean it up, and take it out. And this additional sampling would have never happened that showed up 92 additional hits, and Im almost positive they havent sampled the whole site yet. And ten samples that are one hundred

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times above DEP limits. I need to understand whats going on. And I need to understand why we only get four tables out of six back, why dont we have an accompanying report, where does this stand right now, and what is the engineering department doing? It shouldnt even be at the stage it is now because the zoning board shouldnt have let it happen. Because they never did the testing compliant with what our township ordinance states. And thats why you and your predecessors put those ordinances in place to protect us. But if the zoning board doesnt hold it to us, this is what happens. PRESIDENT PONE: Thank you Mark. A couple things off the top of my head. Number one, I assume that lead has obviously been there for a long time whether it was tested now or wasnt tested. So youve been living there for a long time, whether it was tested now or wasnt tested. So youve been living there for a long time with it. Ultimately, I assume the work is not done. All the reports are not in, all the testing is not complete. I dont think anybody is moving ahead with anything until those things happen. MR. RICCI: Thats correct, one of the things we did as you know is to hire our own environmental consultant SADAT Associates to review all the work thats being done. And to give us advice about what needs to be done, so that when the developers consultant submits their plan to the state we know whats going on and we can agree to it or object to it. Were not at that stage yet, theyre still doing testing. Our folks asked for additional testing Im not sure why the tables werent turned over to you. Either because we didnt have them or perhaps somebody just didnt copy everything they were supposed to copy, but I can certainly look into that. PRESIDENT PONE: Yeah, that was my next question. I mean, anything that they request, they should be able to get their hands on. MR. RICCI: None of the ground is being disturbed, nothings happening until the final results are in, and we have a plan of action, and weve agreed to it. PRESIDENT PONE: So were still preliminary as far as the township goes. MR. MEARA: You are correct, Ive lived there all my life and I understand. But obviously, if youre building 52 homes and roads, youre going to be disturbing that soil. Weve already proven in the zoning board meetings all that grade runs downhill towards our backyards. So if youre digging up that type of lead contamination, and it rains, where do you think its running to? Right now it doesnt do that, because its underground, and so forth. Not to say it shouldnt still be cleaned up because its significant contamination. But once you start doing that digging, that has to be cleaned to the highest levels of approval before you start moving that soil a bit, because of the runoff and all the other situations tied to that. PRESIDENT PONE: I agree 100% with you. Just at this point, I dont know that thats not going to happen. I assume it is. MR. MEARA: you have to understand our point, the residents again, not to beat a dead horse. But we presented this information how the ordinances were not in compliance, the zoning board approved anyway. One of those was the way they were supposed to do sampling for a contaminated site, they didnt do that. As a result, we wouldnt have ever had this testing if it wasnt for the public outcry and persistence. And now, youre seeing what we knew all along. Youre hitting these levels that are consistent with fire range sites. So the developers whole plan that they presented in front of the zoning board, of how they were going to clean this up, and it was minimal contamination, thats all out the window. Because thats not the case and we knew it all along. So somehow, theres going to be plan revisions, because its a significantly more contaminated site than the developer and their engineer wanted everybody to believe. PRESIDENT PONE: The public Mark, is our greatest asset. And the work youve done and the pushing youve done, and I think this Council too, when we reviewed some of the testimony, and when we question things up here, and all the work you guys have done. Its our greatest asset is guys like you. So keep pushing, but I just see an incomplete situation, where I cant judge that. Not that I ever would sitting here, but I dont know that all the things youre asking for arent going to be done at this point in time. But I think you should stay on it. I did the same thing, Ive been working at the American Standard site since 2005. Ive been working with DEP and digging up files and making sure that the engineers sign off on the testing. And that at the end of the day, that theyve put a letter at the township Clerks office and health office that they say, because Im not an engineer, that they tell me that all the testing has been done. That it comes back clean, that that site is safe because theyre putting 637 units of housing on that property. So Im with you 100%. But I think youre work has opened a lot of eyes. But I also think were embryonic. I think if this developer looks if its as bad as you say it is, they may walk away. Then its a whole different issue. Is it a superfund site that theyre going to make us clean up ultimately? Because Italian-American is not going to do it. Im worried about that a little bit from my job as the taxpayers pocket. MR. MEARA: Two points with that Dennis. One is, and an issue came up earlier about the land dedicated to the township. Theres a land lock area in here which is the wetlands. I specifically asked the question of the developer at a zoning board hearing. Is the township going to assume that land lock area

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of wetlands? Because if its contaminated, now its your liability, my liability as a taxpayer. The answer on record was no. So I said, how is that going to be? Is it going to be part of a community association? But Im sure that everyone sitting up here wants to make darn sure that thats not the case and youre not going to assume a piece of land that heavily contaminated because youre looking at these numbers. The second thing is youre in a little better position than I am because of the recent licensed certified remedial professional program that the DEP put in place which gives the hired environmental consultant the ability to sign off that the site is clean instead of DEP. In your case, it was before that was in place, so DEP has to approve it. In our case, were left to the developer and our engineer who has already played games during the zoning board trying to make us believe it wasnt a contaminated site. MR. RICCI: Weve got a little bit more control because we did hire that consultant ourselves. By the way, were having the developer pay for it, so its not a taxpayer expense. So if they look at that report, and find problems with it, were going to make that known to the DEP, and insist that it be corrected. VICE-PRESIDENT MEARA: This report that I have is it from SADAT or is that from Dynamic? MR. RICCI: Thats probably from dynamics. I dont have the report back from SADAT yet. And weve also had some conversations about the PAHs with SADAT and with Dynamics about further testing for that and so on. So I dont have everything yet. And theyve kind of piece mailed it. They didnt go in and do as much testing as perhaps everybody wanted them to do. Theyve kind of piece mailed it and we keep pushing for more testing. And Im not sure exactly where we are as of today. Are we waiting for more testing before we get a final report or are we at the stage where its all done now and were waiting for the final report back as to where everything is, and what Im looking for is the same thing I think you mentioned, a map, with all the sites that were tested. What did you find, and now whats the plan, what are we doing? MR. MEARA: I appreciate that. I wish I was in front of the zoning board so I could say, I told you so. But when you look at these samples, what happened is and one of my biggest complaints was, and I bring with me knowledge from working for an environmental consultant for seven years, that has served me well. Is that their initial side wide sampling was done like you would on a farmers field. It wasnt biased towards these fire ranges which was my complaint all along. The other thing was the initial sitewide sampling was only done at surface levels, the over six-inches. And I kept crying out, thats not where youre going to find the contamination. The range has been inactive for thirty years and its a heavy vegetated area. Theres going to be sediment. So the contamination is going to be below that. Sure enough, look at the results that you have from the lab. They were all found from the six inch to one foot, and one foot to one and one half foot depth and they would have never done that depth sampling if it wasnt for us keep crying out. But sure enough, everything that weve been saying is proven to be true. VICE-PRESIDENT MEARA: Mr. President if I may through you to Lindsay? Lindsay, when this first came up and the residents approached us, it was very clear to them at least from my knowledge of zoning, is that we couldnt interfere with the zoning process. Were precluded from that. Wed have to wait until there was a determination made which there was. Given that, this is a textbook example of how everything can go wrong. Starting from the historical, in the phase one environmental where there was information that was not disclosed by the owner of the property. Which that historical is very important because that directs how the soil should be tested whether its biased testing or not. To the LSRP, who now the DEP is punting to and saying that were not going to manage this. Its going to be LSRP who is hired by the developer. Ive discussed this with John and Rich. I mean, the DEP had responded to Rich in one email and told him how important it is to identify the PAH contamination. Yet, in the zoning meeting, the LSRP was telling our zoning board and our attorney, and our president of our zoning board, that you had nothing to worry about with the PAHs, its right in the testimony. So although we cannot affect the zoning board decision, this is a textbook example of how a zoning decision just missed everything at every step. Whether you call it the perfect storm or whatever. And I agree, if it wasnt for the residents, theres a lot of stuff that could have slipped by. Theyve been very diligent on this project. And as far as Council goes, we cant be diligent on all zoning board and planning board decisions. But what power do we have at this point or how do you influence the zoning board to do better? Thats why as Mark said, theres ordinances in place. Youd wonder even though there was a memorialization letter that had criteria be followed, I still for the life of me cant understand why the zoning board would pass with so many things still open. How is Council influenced? We cant influence a decision, but there should be something said about the process. And no zoning or planning board is perfect, and no administration or Council is where we wont have flaws happen. But at least the last two zoning decisions Ive looked at which is the PSE&G solar farm, the set backs there, and this. How do we get the zoning board to step up? PRESIDENT PONE: I dont know the last part, but the first part of that question is I think we are stepping up. I mean, our job I know other Councils have failed at this I think. But I said the public is our greatest asset. I remember being on that side of the room. And this Council is, were listening. I know Mark is very serious. Ive seen him up here enough times. I know Stan is very serious. I listened to those twelve hours of testimony. Ive met with you, and weve talked about some of the details. Thats one thing we can do is to continue to hear you out, get it on the record, and make sure that this goes well. And Ill tell you that sitting up here, Im with you to make sure, this goes well. Im not an engineer, Im not an expert, but Im going to listen to you and Im going to make sure the administration and this

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developer and the professionals involved are listening to you. Thats one thing we can do. What we can do in an official capacity other than that, Im not sure we can do anything. But Im sure as heck not going to preside over a Council that lets fifty-some houses be built on a site that has serious contamination to it. VICE-PRESIDENT MEARA: Mr. Pone, you know what, I agree with you. If it was a different administration and a different Council, these residents might not even be heard right at this point. We saw that happen before you and I got up here. And so, just ask that you guys out there have a little more confidence in the administration and this Council. That whether the administration catches something or the Council catches something when the residents come before us, were not just going to blow it off. But I can see your frustration. MR. MEARA: Thats a breath of fresh air. But you have to understand where we came from. While we were in the zoning board, the developers attorney turned around and told us to shut up, and was allowed to do that. I told you, I have a masters degree, its not in environmental engineering, but I worked for an environmental firm for seven years. I was basically told youre not the expert, yeah, yeah, we hear you, go sit down. Other residents were cut short, and we left there so disheartened and so disenchanted because we presented a solid case. We didnt say, hey save our woods, do this. We went and we researched the ordinances, and said hey look, you have an application in front of you that didnt sample correctly. Yu have very clear ordinances. You need to provide GPS coordinates with your sample locations. They didnt do it, they never gave a ten day notice of sampling that youre going to proceed with the sampling. So many ordinances were not followed and we presented it, expecting the zoning board to say okay developer, go back and fix these. And they just said no, were going to approve it anyway. And we left so disheartened and so disenchanted, that if we sound a little jaded and a little skeptical, you have to understand where were coming from. And its a serious matter, its not a matter of trying to save the woods at this point. Its heavy contamination that if not properly cleaned up, and having worked for an environmental firm, I know what it takes to characterize a site and clean it up properly. And they had no intensions of doing that, Dennis. MR. RICCI: I think thats what were trying to insure now though. I mean the zoning boards decision has been made. We cant go back and change that. Now we have to move ahead, we got to protect everybodys interest Thats why we had the consultant come on board, Were trying to get this done We need a little more time, We dont have all the results back yet. Well let you know whats going on, trust me, when we have them. It may not be tomorrow, it may not be next week, but were going to get them and well make sure everybody knows whats what. VICE-PRESIDENT MEARA: and I can tell you Mr. President, the gentleman in front of you, I dont know if he has your phone number, but hes got my home phone number and my cell phone number. And I hear it a lot. But what I can tell the residents right now is, we had an issue come before us with the noise ordinance. Where a local establishment could have in the very beginning accommodated neighbors, and they didnt. And one of the things I said to those residents they were frustrated, they were coming to us, meeting after meeting. And sometimes government takes time to research and do things. And one of the things we said was that establishment will be before this Council for approval of their liquor license, and thats when their judgment will come through. And I can tell you as God is my witness, the members of the zoning board, although we cant interfere with the zoning happenings, they come before us for appointment. And I will review the record and I will look to see who said what to the residents, how residents were treated, and that will come up when they come up for their reappointment. I guarantee you that just as I guarantee the residents when that establishment came up for renewal of their liquor license. And there were criteria put on that establishment because of the way they handled things. I know youre frustrated, but I can tell you that we will have a say at some point. VINCENT CAPODANNO, 65 Englewood Boulevard: Is the state going to give us any extra municipal aid, did you hear anything? MR. RICCI: Ive heard some rumors that there may be additional moneys available for all the towns. I have not gotten anything concrete yet. MR. CAPODANNO: Okay, how about, when is there going to be hearings on the master plan? PRESIDENT PONE: Probably the next Council meeting, the first land use ordinance will be on second reading. MR. RICCI: And very likely that night, we may also have first reading ordinances for some of the other parts. PRESIDENT PONE: Were going to move on them right away, so theyre coming. MR. CAPODANNO: Because I think youre doing a good job with that. PRESIDENT PONE: Thank you.

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MR. CAPODANNO: At one time, I was your opponent. But I can honestly say one thing about all of you, is youre fair. And I know youll do the right thing when it comes to this problem that theyre having over there, especially you Mr. Pone. Hes not here, but I was going to tell him sometimes I wonder about Mr. Kenny. But youre doing a good job. PRESIDENT PONE: Thank you I appreciate it. LAWRENCE IRELAND, 81 Sparrow Drive: I live right in back of Shoprite there. Part of the fence is out. Its understandable, theyre working on it. But these kids, its not the second time I got hit. About 06, when we first moved there, I had about $3,000 worth of damage in my house from the kids on the other side of the hill. I understand my neighbor saw two of them that one of them threw a 13-inch bolt at my sliding glass door. If my granddaughter was there, and it broke, she would have got hurt. Its not only in the daytime, its at nighttime. This happened about 10:00 and the first one out and about three or four in the afternoon. And Im just wondering is there a chance maybe the cops could ride through there a little bit more often. I mean, theres kids that go through there all the time. They got four houses this time, neighbors were watching TV and heard things hit their windows, stones and all. Somebody is going to get hurt. MR. RICCI: Did any of the neighbors call the police when it happened? MR. IRELAND: I did. MR. RICCI: An officer came out? MR. IRELAND: Both times, yes they came out. MR. RICCI: Ill just check on that incident report and see what we can do about further police attention. Ive already sent an email to our construction official tonight to check on the fence for tomorrow. MR. IRELAND: Okay, I appreciate it. PRESIDENT PONE: Well do everything we can for you. VICE-PRESIDENT MEARA: Mr. President, if I may, Mr. Ireland, do you notice that theres less problems when that fence was repaired and it was up or it doesnt matter? MR. IRELAND: No, it doesnt matter. The first time the fence was up, they were throwing it from over the hill. These two, Saturday, were on top of the hill, I understand. VICE-PRESIDENT MEARA: Do you notice if theres nighttime security provided? MR. IRELAND: I dont know. I know they got good lighting in the back there. It doesnt matter, if theyre kids theyre going to do what they want to do. If theres a hole in the fence, theyre going to go over it. Even the four foot fence, theyll jump it or they come from one side or the other side when theres no fence and walk down. STAN JACOBOSKI, 17 Bearbranch Road: Now that SADAT is doing testing over there, are they in fact, testing for PAHs? MR. RICCI: SADAT is not doing the testing. The testing is still the responsibility of the developer and his consultant. SADAT is reviewing it. MR. JACOBOSKI: Okay, so there will be no results from SADAT then. MR. RICCI: Well, theyll give us a report on the test results. SADAT has been on site in the past and directed that additional testing be done and in what areas. But theyre not physically doing the testing themselves. Theyre kind of like representing the township. MR. JACOBOSKI: Based on the discussions with DEP though, are they advising the developer to test for PAHs. MR. RICCI: I dont know that. MR. JACOBOSKI: Every engineer that weve talked to thats involved in this kind of stuff including one that was here last month, cant believe that this site is not being tested for PAHs, due to the contamination level thats currently known. MR. RICCI: I had passed that information along. I was on vacation for almost a week and one half, and I dont have the answers to that, as to whether or not thats being done and to what level. I just dont have the answer, but it did get passed along a few weeks ago.

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MR. JACOBOSKI: Can you enquire about that? MR. RICCI: Yeah, I will. MR. JACOBOSKI: And how about the ground water analysis? Based on the figures they have here, they should be testing the ground water also. Because I believe the limit on that is like fifty-six parts per million, which many of these are well above that. So there should be ground water testing on that as well. MR. RICCI: Okay, Ill find out about that. MR. JACOBOSKI: I just want to say, I appreciate Council listening to everybody here, I know theyre stuck in the middle between this and the zoning board. You had to hear the appeal Youre hands are pretty much tied on the appeal, too because its limited to one scope of the thing. But I did want to point out that the problem we have with this license site remediation professional program is in fact, this instance were having right here with the testing. Everybody got a packet last month from the engineer that was here Rich Chapen. It had a map on it; it showed a diagram of the ranges. If you saw where they took all their original testing they strategically tested on the very fringe of where you should have been testing. So they werent fishing where the fish were to get the numbers that they wanted. And thats the problem we had with this. So I really appreciate the town taking on the effort of hiring outside engineer to check up on this. MR. JEFF FEDERICO, 212 Harcourt Drive: Can I tell you that the Dewey Avenue Broad Street project thats going on where; its seven acres of like construction bliss. Its been vacant for over like ten years. I was beginning to think that you guys had the wrong idea of open preservation of land. Anyway, Im not here to give any type of complaint or anything like that, just to give some accolades to the Council. Although my street could use some repaving, and I am across the street from a school. Anyhow, I just wanted to just give you my support. This is just based on my opinions by observations of you, whats in the press. Mr. President, I appreciate you allowing me to just present my opinions and say thank you. And As I mentioned to you before, its been quite a few years Ive been thinking about leaving the state. But you guys really opened my eyes the past few years with the budgets, the no increase in taxes. Its truly amazing, and it got my attention, enough for me to attend a couple of the Council meetings and see how you guys operate. Mr. President, you appear to be a good meat hitter and you certainly are a good listener. And I appreciate you allowing folks to come up here. And even if theyre past their time, you still just hear them out. And I think thats great, its a sense of fair play, and its really whats needed. Councilman Kenny, I sent you an email a couple weeks back just to voice my appreciation to you. Where is Kenny? PRESIDENT PONE: Hes gone, but hell read the transcript. Not too many complement him. MR. FEDERICO: Its been a while since Id done any kind of speaking. Im zoning out here and I apologize. It must be my nerves. The air finally kicked in its like you can freeze meat in here. I did have the pleasure of meeting Mr. Kennys friend at another function, John Burke, and spoke highly of him. And indicated Mr. Kenny speaks highly of all of you as well. But again, I wish he was here to I wanted to introduce myself to him. Councilman Meara, I sent you an email the other day and you sent me one back saying hey, I appreciate it. I just think that speaks volumes of your character. Even strangers just say hey, I appreciate what youre doing. It really says a lot and people will remember that. And I think thats especially important with the upcoming election. And Im glad you do that. Whether its just a quick note of thanks, it doesnt have to be anything long and drawn out. But its neat to watch you operate in here. You seem cautious and you take a conservative approach, constantly calculating and weighing the possible options before making an execution to a decision; which is like the carpenter measuring twice and just cutting once. I think thats important that you do that. You guys hold the purse strings to our wallets here. Councilman Gore, when I first heard you speak several months ago, you kind of scared me. But I found out you got a good heart. I mean, youre like a big teddy bear in a business suit. I just think once you get to know you, youre okay. Just like the marines, you fight for whats right, you fight for the people that cant fight for themselves. I have no fear going into battle with you, because I know youd always got my back. You are definitely a soldier of the Council, and a fighter and a good representative of the people. Forgive me, if you ask me to do an all day seminar, I can take five minutes and get my thoughts together. You ask me to put something down in five minutes; it will take me days to write. My notes are kind of all jumbled and so forth.

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Last but certainly not least, Councilwoman Yaede. You have an aura about you that brightens a room wherever you go. Im sure you heard that plenty of times. The way you smile with your eyes is intriguing and captivating. But I must admit you did take my breath away the first time I saw you several months back. But you know what; I digress again, run a Council. Youre a smart business woman; you bring to the table a common sense approach to fiscal management, thrift, and organization. Your work with ACS is an inspiration to many, as you create more birthdays in the world. And especially your efforts to help the four legged friends in the animal shelter. The way you can secure private funding and sponsorship, allows Hamilton to enjoy the extras like the Fourth of July celebration at no cost to the residents. So I just wanted to express that. Youre a responsible leader, youre a humanitarian, and youre definitely the hope diamond of the Council, surrounded by the other gentlemen Council around you. You all work together in great harmony. And I wish every Hamilton resident could realize the major accomplishments that you guys have done. The township website says Hamilton is a destination. And I believe the destination is a constant journey towards, but never quite arriving. Because once you arrive, you become complacent. Just dont ever do that guys, just keep the momentum going. Councilman Meara and Councilwoman Yaede, you both have my support and voice for the upcoming election. Good luck to you, and I hope to see you guys get in there again. You guys are the best thing thats happened to Hamilton in quite a few years. I hope I didnt embarrass anybody or anything like that. PRESIDENT PONE: Im just glad you didnt say things about me you said about Kelly. MR. FEDERICO: And for everybody that has voiced their serious concerns, the health issues that theyve all come to the right place. And you guys are the start if it needs to go any further from that. PRESIDENT PONE: Thanks Jeff. Thank you so much for your kind words, we really appreciate that. Comments from the Council COUNCILMAN GORE: I want to thank Jeff for his kind words. And really, Im humbled by it. And it reminds me of one previous time when someone came up at a meeting and said great things about me and my colleagues. I went home to my wife that evening and she was sitting at the table grading papers. And I said to her, Debbie, some citizens came up and said some really nice things about me, and I was really humbled by that. Without looking up from her papers, she said, Ed, you have a lot to be humble about. And with that, Ill pass. COUNCILWOMAN YAEDE: Thank you Jeff for your comments. And its always nice when youre in public service to hear positive feedback on what we are trying to do because its not an easy job to sit in these seats and to walk in our shoes. It is a breath of fresh air to get some positive feedback so thank you. The only thing I have to bring up, Im holding a letter from our leaders in the 14th Legislative district stating that there is a meeting tomorrow with Hamilton Township Council and the community to discuss Alessio Drive. And also, in this letter, it states that the turnpike authority is willing to plant trees on the property and a guardrail. I just want to ask the administration, are they aware of the planting of the trees? MR. RICCI: Actually, we set the meeting up with the Turnpike Authority several weeks ago and the residents to bring everybody together and have that discussion. And they had told us at the time, that they would be willing to do some tree plantings and other things at the site. Who is the letter from? COUNCILWOMAN YAEDE: Its from Greenstein, DeAngelo, and Benson. MR. RICCI: First Ive heard that they were involved in this in any way. But certainly, wed welcome everybodys support to try and help out the residents on Alessio who have had some problems with the turnpike widening. COUNCILWOMAN YAEDE: Ive asked our fellow Council members if theyve been this meeting isnt with the Council, its with the administration. MR. RICCI: Yes. COUNCILMAN GORE: And if I can follow up, somebody from the administration will be there. correct? MR. RICCI: Yes. COUNCILMAN GORE: Okay, I just wanted to make sure.

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COUNCILWOMAN YAEDE: I just dont want the residents thinking this is scheduled through us. Can you make it clear in the meeting tomorrow? MR. RICCI: We had discussed it with the residents several weeks ago. We settled on this date after consulting with them of when they would be available for the meeting, and were meeting out at the site. COUNCILWOMAN YAEDE: Can you make it clear that the meeting was with you and Ive never heard of this meeting. I dont want the residents, obviously they were CCd on this letter, to think that Council members were committed to attending. MR. RICCI: Because we would have notice requirements and other things. COUNCILMAN GORE: And the reason I became aware of this is some of the residents gave me the letter. In fact, I got two different sets. One is an obvious one. The other one is not so obvious. MR. RICCI: Interestingly Council members, we werent given the letter until you just handed it to me tonight. COUNCILMAN GORE: One of the people that gave it to me that wouldnt be so obvious, indicated they would anticipate that you had not been made aware of it. And this was an attempt to make an end run around things, and Im glad to see youre on top of it. VICE-PRESIDENT MEARA: What time is the meeting? MR. RICCI: I believe its at 10 AM, but Im not positive. COUNCILMAN GORE: The letter doesnt indicate a time. PRESIDENT PONE: Where is the meeting? COUNCILMAN GORE: At the site, Alessio Terrace. VICE-PRESIDENT MEARA: Can you shoot us an email John, in case any of us are available and when to stop by? MR. RICCI: Actually its Rich Williams thats going to be meeting with them and other staff people at the site. PRESIDENT PONE: I agree with Kevin. So if you can send us an email, since were only finding out about it tonight, maybe we can shoot over. VICE-PRESIDENT MEARA: Thank you Mr. President. Jeff, great words, really appreciate it. Its good to meet you in person. At the end of each Council meeting, I try to thank my fellow members of Council and the administration. But Im a better Council person because John Ricci is the business administrator. When I first became a Councilman in 1990, I was told hes the best at what he does. And because Lindsay is our attorney, and because as our fellow Council members make me a better Council person, their strength that I dont have, we play off them and I think that helps the public. As far as my running mate, Councilwoman Yaede, I understand what you were getting to in the very beginning. Because Kelly was once in a Kelly Ripa look-alike contest. So when we knock on doors, shes usually up front, it works. And Im a little to the side and so theyll come, oh look, look its the Councilwoman, the Kelly Ripa look-alike. And then when they get to the door, and see me, and they go Regis is here too? So I know what youre talking about. I enjoy it, we have fun out there. With that, I want to thank my fellow Council members, the administration. Especially the Clerks office which is so critical to us operating as a Council. All their input, all the members of the public for coming out. I do know theres a birthday coming up in September. Councilwoman Yaede will be 39. I want to wish you a very Happy Birthday, and thank everybody for coming out. We have one meeting in September, Eileen on the 20th? Before that is the Septemberfest on the 18 which is a great party that this administration puts on for the township, so I encourage everybody to come out.
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MR. RICCI: Can I interject something here? Since you mentioned Septemberfest, theres also going to be a commemoration event for 9-11 at the memorial on the 10th including a symphony and some readings, and things of that sort. COUNCILMAN GORE: Mr. Ricci, arent we going to be dedicating the piece of the building that day, too?

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PRESIDENT PONE: With that, I always thank the public for coming out. I dont thank the staff as much because they get paid a lot to do what they do. But the public, I do thank you guys. Mark, Im sincere about that, youre our number one asset. We dont know everything, we dont have all the answers, we dont have all the power. So we gather a lot of what we do to help people right in this room. Theres a lot of stuff that goes on in between. And as Kevin mentioned, and I think kelly mentioned, we do have a terrific Council right now. We do have people that care about the town that have lived in the town for if not all of our lives, in some cases, a good majority of our lives. Were not the quintessential politicians, were up here trying to do a job for the town that we love. And I think our chemistry is good. I have a lot of respect and we all get along, respect for my Council mates. Two other things, mostly for you guys in the back. Aside from everything else we said tonight, when this is all said and done, however it goes. What I did and Im going to recommend it on the record, that the engineer in charge, the LSRP, whatever it ends up being for the clean up, and is responsible for doing this thing the right way, that there be a letter put on file at the township whether Madam Clerk we put it maybe in your office and in the health office from that engineer. As the zoning board said, they put their license on the line. That was their way of saying the LSRP is just as good as the DEP. And that was the governors idea, I think as well. So lets put their license on the line, lets make sure theres a letter on file at the end of the day. That says that this property is clean to residential standards, DEP standards, and certify it and have it on file. And lets make sure that their butts are on the line because at the end of the day, thats going to ensure And well let them know via this on the record that were going to do that. And that way, if anything God forbid ever happens, theyre the professionals. Were not, the zoning board is not, they are, so I want their butts on the line at the end of the day on this. Lastly, four of us had a unique opportunity to visit the Ground Zero site in New York with the boots on the ground hardhat type of tour in the construction zone. And I know you guys feel the same way I do. But Ive never experienced anything quite like that before, not only seeing some of the original structures in the actual original area of Ground Zero if you will because the footings are still there. But seeing what theyre doing on that site, I still have chills and we had the tour last Friday with the New Jersey director. And I just want everybody to go out tonight and remember as Americans how critical a day that was, and how much that we should never forget as they say. Because we should never forget, were America, were going to get stronger, were going to get through these tough economic times, and were going to be stronger. September 11th is an important day this year, the 10th anniversary. I just ask that everybody go out and at least moment of silence as we put in our resolution today, have a moment of thought, prayer, and gut up and remember why were Americans, and well get better. VICE-PRESIDENT MEARA: I want to complement you guys on going up there. I as a utility worker worked a lot of disasters, but the bombing happened on Tuesday. And between Friday and Sunday, I worked two shifts at Ground Zero. And theres probably no real words to describe what was going on up there. But I just want to say that had I been in town, I surely would have went. But I just want to complement you guys for taking the time out. Thats New York, its not really New Jersey. But it did effect our community, people died from the community and surrounding communities. And for you guys to take that time to go up there, says a lot about you. PRESIDENT PONE: The September meeting is September 20th. Were having one meeting in September, and its going to be at Nottingham Firehouse; presumably because of the land use ordinance. our public hearing for the first of the land use ordinances connected to the master plan review will be that evening. So the meeting will be at Nottingham Firehouse, not here. Adjournment: 8:27 PM

_____________________________ Eileen A. Gore, RMC/CMC Municipal Clerk

________________________________ Dennis Pone Council President

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