Hamilton Council Meeting - August_16,_2011

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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

2b. 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)

2c. 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)

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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)

2e. Resolution Establishing A Contract To Provide Food Services For Hamilton’s Senior Center Fall

Dinner Dance With Cedar Gardens ($12,600.00) 2f. Resolution Establishing A Contract With A&A Painting Contracting Company For Municipal

Building Millwork Restoration Phase B And C ($119,000.00) 2g. 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)

2h. Resolution Establishing A Contract With Earle Asphalt For Road Improvements To Kendall

Road, Endicott Road And Albemarle Road ($581,613.13 Maximum) 2i. Resolution Establishing A Contract With Ocean Excavating For Lalor Tract Curb, Sidewalk And

Accessible Ramp Construction ($108,355.50 Maximum) Consent Agenda cont’d 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) 2k. 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)

2l. 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)

2m. Resolution Establishing A One Year Contract For Motor Vehicle Transmission Repairs And

Services With Jasper Engines & Transmissions ($50,000.00 Shared Maximum) 2n. 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)

2o. Resolution Establishing A Two Year Contract For Belt Press Repair With Komline Sanderson

For The Department Of Water Pollution Control ($93,280.00) 2p. 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)

2q. 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)

2r. 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)

2s. Resolution Authorizing The Refund Of Fee Paid By Theresa Allen For A Construction Permit

($50.00) 2t. Resolution Authorizing The Refund Of Fee Paid By Dusty And Marie Everson For A Housing

Inspection ($75.00) 2u. Resolution Authorizing The Refund Of Fee Paid By A.J. Perri, Inc. For A Construction Permit

($100.00) 2v. Resolution Authorizing The Refund Of Real Estate Tax Overpayments ($1,462.88) 2w. 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)

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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)

4b. 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]

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

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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 6:55 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 it’s being transferred to us as part of a Planning Board approval for a residential development. We’ve 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

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that we’re 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: They’re 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, it’s 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 town’s recreation inventory, it cannot be removed from that inventory without the approval of the state’s Green Acres Program. The reason for that is so that you don’t 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 wasn’t. 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, that’s 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 that’s going to be set aside? MR. RICCI: It’s Jerry Salzano. It might have been under a different company name or something, but that’s 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 we’re really getting a gain on this. If this wasn’t 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: I’m near the Independence Plaza. I’m just wondering what type of impact it would have within the housing area surrounding the Green Acres parcel, and what’s included within that? In other words, right in front of the Willey School, there’s 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 we’re talking about acquiring is on Cypress Lane. It’s 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?

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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 there’s 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: It’s my understanding that it’s not just residential, but the back portion was to be dedicated to the township by resolution. I’m not getting that from what you had said Mr. Ricci. MR. RICCI: You’re 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 don’t recall you saying that. MR. RICCI: We’re using that dedication, that land we’re 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 it’s 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 that’s 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: It’s been reviewed by them. They wouldn’t give us a final approval until after the scoping hearing is completed. We then submit all the documentation. But they’ve reviewed it, and it’s 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: You’re talking about the dedication of the land? MS. DAWSON: Yes. MR. RICCI: I don’t 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.

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COUNCILMAN KENNY: And the filing of the subdivision maps? MR. RICCI: Generally, once the subdivision maps are filed, which can’t be done until after final Planning Board approval. I don’t believe he has yet, just preliminary. Then that map would set forth each parcel that can be built on. As well as the parcel that’s 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 don’t know if that’s been resolved. It sounds like it hasn’t been. MS. EILEEN GORE: It’s the way that the web is set up. PRESIDENT PONE: They’re not chronological, so you kind of… MS. DAWSON: I didn’t seem to see August, or July, or June. MS. GORE: No, they’re all there. MS. DAWSON: They’re 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 nothing’s 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: It’s because it was transferred to the Board of Education. MR. JACOBOSKI: That’s why it was placed under Green Acres because it’s a recreational facility. MR. RICCI: Well, it was actually not placed under Green Acres; it was placed on the township’s recreation inventory. MR. JACOBOSKI: Okay. MR. RICCI: And once you’re on the inventory, it can’t 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, you’re going to put tennis courts in there or pave it over? MR. RICCI: Not necessarily, no.

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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 I’m dealing with which is quickly approaching a superfund site behind my house. I’ll 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 we’re not taking a headache off the builder’s 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. It’s 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 don’t believe that’s been completed yet. It may have been I’m 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 wouldn’t 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 we’re now finding out is significantly contaminated. I’ll get to that later in the meeting. But I’d hate to see the township hold liability for a site and take it off the builder’s hands, when it’s significantly contaminated. I have no idea about the site history, but it’s 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 Hamilton’s Senior Center Fall

Dinner Dance With Cedar Gardens ($12,600.00)

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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)

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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: I’m coming for an old complaint. I’ve been going out with Richard Kanka the candidate for State Senate. And we’ve been doing fine going knocking on doors, talking to people, it’s been good. We went to the senior center across from RWJ. PRESIDENT PONE: The over 55 housing complex you’re talking about? MR. SCOTTO: They wouldn’t let him in there. Now, I know that this was something that the state legislative body has done. But what they’re doing is denying people the right to hear each candidate’s 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 that’s the way they work things here that you can’t come into that place. That’s rotten, I mean, they are not letting the people hear each candidate. What they should do, if the person doesn’t like to hear it, just say no, I don’t want to hear it, and shut the door, and they’ve said their peace. But when they set up a regulation, where they don’t allow people running for office to go into an area and speak freely with the people that want to speak to them. And they don’t know what’s going on. You’d be surprised how many don’t know half the issues that he brought up to them and it’s rotten. We must resort to the Constitution where they can’t play games like this. They have to let the people decide not some character saying you can’t do that, you can’t go in there. It’s wrong. We have to have more people input. I’ve been fighting these things for years, and I’m 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 I’m as old as any of them in there, I’m 84. I don’t have that same prerogative on my street. Why are they doing this? They’re playing politics with everything, and it’s 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. That’s you people. You people have the right to say yes or no. This way if we don’t 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. We’ve got to get more of this Constitution done in the whole country. But I’m just talking to you guys because this is your area. PRESIDENT PONE: I think you’re 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: It’s a private community. VICE-PRESIDENT MEARA: Evergreen, we don’t 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 don’t maintain those streets. COUNCILMAN KENNY: Correct. MR. SCOTTO: Yeah, but they don’t do that on my street. I don’t 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 they’re 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 they’re falling apart. Today, you see all these senior places, they can’t sell their property. It’s 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 can’t 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. They’re not even politicians, they’re 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; they’re 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 it’s 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: I’ve heard from folks that aren’t 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 don’t have to repair the streets or reconstruct the streets. That’s 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: Wouldn’t 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 didn’t flush. VICE-PRESIDENT MEARA: The New Jersey Supreme Court. COUNCILMAN GORE: The US Supreme court won’t 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 they’re rebuilding. MS. GLONEK: They’re rebuilding it? PRESIDENT PONE: They’re building it bigger, aren’t they? MR. RICCI: They have permits and they’re rebuilding.

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PRESIDENT PONE: And quite a bit bigger if I remember correctly. MS. EILEEN GORE: They’re 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 Vincent’s Pizza to where 33 comes in. There is a line up from Five Points up to East State Street Extension, so it’s four Lanes on Nottingham Way. You follow me, coming from Five Points coming here it’s two lanes. You go through East State Street Extension, there are no lines. And it’s like everybody all of the sudden thinks it’s one lane when it’s 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 it’s not one lane? MS. GLONEK: Shouldn’t it be two lanes? It was two lanes there and all of the sudden, it goes into one lane? I mean, it’s still the same size road. PRESIDENT PONE: There’s a lot of places in Hamilton I can think of that do that. Sloan Avenue is a great example onto Flock. VICE-PRESIDENT MEARA: That’s 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 you’re supposed to stay to the right. Because if you’re in that lane, you’re going to wind around to go down Nottingham, everybody else is going to go down Hamilton. PRESIDENT PONE: I don’t know the answer to that, but it’s not our road, correct? MS. GLONEK: So it’s Mercer County’s 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 that’s what they found. MS. GLONEK: But a couple times I almost got run over by people thinking it’s 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, it’s a county road. PRESIDENT PONE: It’s a good thing for us to bring up to them Madam Clerk. We should do that. VICE-PRESIDENT MEARA: Janice, you weren’t taking your half out of the middle were you? MS. GLONEK: No, I was over, but I almost got run over. There’s a lot of places I can think of that are like that. It’s 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? There’s no lines at all. So I mean, there’s people riding down the middle. I mean, I’ve seen so many accidents, there in that shopping center, same reason, people think it’s 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 they’re 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 can’t find a place to park? Is our township the one that drew up the stupid plan? MR. RICCI: No, we don’t 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 it’s going to be a snow plower’s nightmare. MR. RICCI: That’s their responsibility. COUNCILMAN GORE: It’s going to get a little better Ms. Glonek, when they finish it. But you’re right, in fact the other day, I went to the Shoprite to pick up a prescription, and I couldn’t find a spot. I had to come back later. MR. RICCI: Part of the problem right now is it’s 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 can’t see where these little dubies are? Trust me, mark my words, you’re going to have big time problems in that shopping center. And it’s 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 couldn’t find that anywhere. MS. GLONEK: Thank you. MR. MARK MEARA, 13 Bearbranch Road: I’m 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”. It’s approximately 20-some pages. I’m 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. We’re 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 it’s like pulling teeth trying to get information from the engineering department related to this site. This report, I have, only confirms what I’ve been concerned about all along. Right now, it’s incomplete as Mr. Ricci had said. What’s 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 we’re missing tables two and five. So I don’t know how you get a report and give out to the public select parts of it when there’s 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. There’s 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. I’ve been saying this in front of the zoning board, this site is quickly approaching the criteria of a super fun site. We don’t know where these samples were taken because we weren’t provided a location map. They had to have a location map when they identified samples. Why they’re not given it under OPRA requests, I know Save Hamilton Open Space put one in. They didn’t get any results. Edison Wet Lands has put one in, they didn’t get any results. Stan came down, he didn’t 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 don’t know where this was. I don’t understand what’s going on here. We’re 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. He’s received no information back yet.

It certainly is the case that this site is heavily contaminated. They didn’t even start any PAH testing. We’re 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 we’re feeling the benefit. Why am I playing the role of township engineer? In fact, they wanted to move ahead with no additional testing. And that’s 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 they’re 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 wasn’t 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 don’t know I don’t know what sort of relationship they’ve developed with the developer, and the environmental consultant, but something stinks. And I can tell you, I’ve lived at this house for 42 years, I’m 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, I’m pretty upset about this. Because you talk about this level of contamination, if your kids, this was adjacent to their backyards, you wouldn’t be happy with it either. And this wouldn’t even happen if it wasn’t for the residents. Because we had an environmental consultant come up in front of the zoning board saying oh there’s only three small areas of contamination. We’re 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 I’m almost positive they haven’t sampled the whole site yet. And ten samples that are one hundred

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times above DEP limits. I need to understand what’s going on. And I need to understand why we only get four tables out of six back, why don’t we have an accompanying report, where does this stand right now, and what is the engineering department doing? It shouldn’t even be at the stage it is now because the zoning board shouldn’t have let it happen. Because they never did the testing compliant with what our township ordinance states. And that’s why you and your predecessors put those ordinances in place to protect us. But if the zoning board doesn’t 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 wasn’t tested. So you’ve been living there for a long time, whether it was tested now or wasn’t’ tested. So you’ve 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 don’t think anybody is moving ahead with anything until those things happen.

MR. RICCI: That’s correct, one of the things we did as you know is to hire our own environmental consultant SADAT Associates to review all the work that’s 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 what’s going on and we can agree to it or object to it. We’re not at that stage yet, they’re still doing testing. Our folks asked for additional testing I’m not sure why the tables weren’t turned over to you. Either because we didn’t have them or perhaps somebody just didn’t 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, nothing’s happening until the final results are in, and we have a plan of action, and we’ve agreed to it.

PRESIDENT PONE: So we’re still preliminary as far as the township goes.

MR. MEARA: You are correct, I’ve lived there all my life and I understand. But obviously, if you’re building 52 homes and roads, you’re going to be disturbing that soil. We’ve already proven in the zoning board meetings all that grade runs downhill towards our backyards. So if you’re digging up that type of lead contamination, and it rains, where do you think it’s running to? Right now it doesn’t do that, because it’s underground, and so forth. Not to say it shouldn’t still be cleaned up because it’s 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 don’t know that that’s 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 didn’t do that. As a result, we wouldn’t have ever had this testing if it wasn’t for the public outcry and persistence. And now, you’re seeing what we knew all along. You’re hitting these levels that are consistent with fire range sites. So the developer’s 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, that’s all out the window. Because that’s not the case and we knew it all along. So somehow, there’s going to be plan revisions, because it’s 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 you’ve done and the pushing you’ve 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. It’s our greatest asset is guys like you. So keep pushing, but I just see an incomplete situation, where I can’t judge that. Not that I ever would sitting here, but I don’t know that all the things you’re asking for aren’t going to be done at this point in time. But I think you should stay on it. I did the same thing, I’ve been working at the American Standard site since 2005. I’ve 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 they’ve put a letter at the township Clerk’s office and health office that they say, because I’m 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 they’re putting 637 units of housing on that property. So I’m with you 100%. But I think you’re work has opened a lot of eyes. But I also think we’re embryonic. I think if this developer looks… if it’s as bad as you say it is, they may walk away. Then it’s a whole different issue. Is it a superfund site that they’re going to make us clean up ultimately? Because Italian-American is not going to do it. I’m 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. There’s 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 it’s contaminated, now it’s 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 I’m sure that everyone sitting up here wants to make darn sure that that’s not the case and you’re not going to assume a piece of land that heavily contaminated because you’re looking at these numbers. The second thing is you’re 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, we’re left to the developer and our engineer who has already played games during the zoning board trying to make us believe it wasn’t a contaminated site.

MR. RICCI: We’ve got a little bit more control because we did hire that consultant ourselves. By the way, we’re having the developer pay for it, so it’s not a taxpayer expense. So if they look at that report, and find problems with it, we’re 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: That’s probably from dynamics. I don’t have the report back from SADAT yet. And we’ve also had some conversations about the PAH’s with SADAT and with Dynamics about further testing for that and so on. So I don’t have everything yet. And they’ve kind of piece mailed it. They didn’t go in and do as much testing as perhaps everybody wanted them to do. They’ve kind of piece mailed it and we keep pushing for more testing. And I’m 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 it’s all done now and we’re waiting for the final report back as to where everything is, and what I’m 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 what’s 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 farmer’s field. It wasn’t biased towards these fire ranges which was my complaint all along. The other thing was the initial site-wide sampling was only done at surface levels, the over six-inches. And I kept crying out, that’s not where you’re going to find the contamination. The range has been inactive for thirty years and it’s a heavy vegetated area. There’s 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 wasn’t for us keep crying out. But sure enough, everything that we’ve 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 couldn’t interfere with the zoning process. We’re precluded from that. We’d 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 it’s biased testing or not. To the LSRP, who now the DEP is punting to and saying that we’re not going to manage this. It’s going to be LSRP who is hired by the developer. I’ve 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 PAH’s, it’s 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 wasn’t for the residents, there’s a lot of stuff that could have slipped by. They’ve been very diligent on this project. And as far as Council goes, we can’t 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? That’s why as Mark said, there’s ordinances in place. You’d wonder even though there was a memorialization letter that had criteria be followed, I still for the life of me can’t understand why the zoning board would pass with so many things still open. How is Council influenced? We can’t 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 won’t have flaws happen. But at least the last two zoning decisions I’ve 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 don’t 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, we’re listening. I know Mark is very serious. I’ve seen him up here enough times. I know Stan is very serious. I listened to those twelve hours of testimony. I’ve met with you, and we’ve talked about some of the details. That’s 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 I’ll tell you that sitting up here, I’m with you to make sure, this goes well. I’m not an engineer, I’m not an expert, but I’m going to listen to you and I’m going to make sure the administration and this

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developer and the professionals involved are listening to you. That’s one thing we can do. What we can do in an official capacity… other than that, I’m not sure we can do anything. But I’m 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, we’re not just going to blow it off. But I can see your frustration.

MR. MEARA: That’s a breath of fresh air. But you have to understand where we came from. While we were in the zoning board, the developer’s attorney turned around and told us to shut up, and was allowed to do that. I told you, I have a master’s degree, its not in environmental engineering, but I worked for an environmental firm for seven years. I was basically told “you’re 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 didn’t 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 didn’t sample correctly. Yu have very clear ordinances. You need to provide GPS coordinates with your sample locations. They didn’t do it, they never gave a ten day notice of sampling that you’re 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, we’re 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 we’re coming from. And it’s a serious matter, it’s not a matter of trying to save the woods at this point. It’s 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 that’s what we’re trying to insure now though. I mean the zoning board’s decision has been made. We can’t go back and change that. Now we have to move ahead, we got to protect everybody’s interest That’s why we had the consultant come on board, We’re trying to get this done We need a little more time, We don’t have all the results back yet. We’ll let you know what’s going on, trust me, when we have them. It may not be tomorrow, it may not be next week, but we’re going to get them and we’ll make sure everybody knows what’s what.

VICE-PRESIDENT MEARA: and I can tell you Mr. President, the gentleman in front of you, I don’t know if he has your phone number, but he’s 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 didn’t. 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 that’s when their judgment will come through. And I can tell you as God is my witness, the members of the zoning board, although we can’t 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 you’re 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: I’ve 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: We’re going to move on them right away, so they’re coming.

MR. CAPODANNO: Because I think you’re 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 you’re fair. And I know you’ll do the right thing when it comes to this problem that they’re having over there, especially you Mr. Pone. He’s not here, but I was going to tell him sometimes I wonder about Mr. Kenny. But you’re 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. It’s understandable, they’re working on it. But these kids, it’s 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. It’s not only in the daytime, it’s at nighttime. This happened about 10:00 and the first one out and about three or four in the afternoon. And I’m just wondering is there a chance maybe the cops could ride through there a little bit more often. I mean, there’s 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: I’ll just check on that incident report and see what we can do about further police attention. I’ve already sent an email to our construction official tonight to check on the fence for tomorrow.

MR. IRELAND: Okay, I appreciate it.

PRESIDENT PONE: We’ll do everything we can for you.

VICE-PRESIDENT MEARA: Mr. President, if I may, Mr. Ireland, do you notice that there’s less problems when that fence was repaired and it was up or it doesn’t matter?

MR. IRELAND: No, it doesn’t 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 there’s nighttime security provided?

MR. IRELAND: I don’t know. I know they got good lighting in the back there. It doesn’t matter, if they’re kids they’re going to do what they want to do. If there’s a hole in the fence, they’re going to go over it. Even the four foot fence, they’ll jump it or they come from one side or the other side when there’s no fence and walk down.

STAN JACOBOSKI, 17 Bearbranch Road: Now that SADAT is doing testing over there, are they in fact, testing for PAH’s?

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, they’ll 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 they’re not physically doing the testing themselves. They’re kind of like representing the township.

MR. JACOBOSKI: Based on the discussions with DEP though, are they advising the developer to test for PAH’s.

MR. RICCI: I don’t know that.

MR. JACOBOSKI: Every engineer that we’ve talked to that’s involved in this kind of stuff including one that was here last month, can’t believe that this site is not being tested for PAH’s, due to the contamination level that’s currently known.

MR. RICCI: I had passed that information along. I was on vacation for almost a week and one half, and I don’t have the answers to that, as to whether or not that’s being done and to what level. I just don’t 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, I’ll find out about that.

MR. JACOBOSKI: I just want to say, I appreciate Council listening to everybody here, I know they’re stuck in the middle between this and the zoning board. You had to hear the appeal You’re hands are pretty much tied on the appeal, too because it’s 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 we’re 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 weren’t fishing where the fish were to get the numbers that they wanted. And that’s 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 that’s going on where; its seven acres of like construction bliss. It’s 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, I’m 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, what’s 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, it’s been quite a few years I’ve 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. It’s 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 they’re past their time, you still just hear them out. And I think that’s great, it’s a sense of fair play, and it’s really what’s needed. Councilman Kenny, I sent you an email a couple weeks back just to voice my appreciation to you. Where is Kenny? PRESIDENT PONE: He’s gone, but he’ll read the transcript. Not too many complement him. MR. FEDERICO: It’s been a while since I’d done any kind of speaking. I’m zoning out here and I apologize. It must be my nerves. The air finally kicked in it’s like you can freeze meat in here. I did have the pleasure of meeting Mr. Kenny’s 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 you’re doing. It really says a lot and people will remember that. And I think that’s especially important with the upcoming election. And I’m glad you do that. Whether it’s just a quick note of thanks, it doesn’t have to be anything long and drawn out. But it’s 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 that’s 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, you’re like a big teddy bear in a business suit. I just think once you get to know you, you’re okay. Just like the marines, you fight for what’s right, you fight for the people that can’t fight for themselves. I have no fear going into battle with you, because I know you’d 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. I’m 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. You’re 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. You’re a responsible leader, you’re a humanitarian, and you’re 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 don’t 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 that’s happened to Hamilton in quite a few years. I hope I didn’t embarrass anybody or anything like that. PRESIDENT PONE: I’m just glad you didn’t say things about me you said about Kelly. MR. FEDERICO: And for everybody that has voiced their serious concerns, the health issues that they’ve 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, I’m 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, I’ll pass. COUNCILWOMAN YAEDE: Thank you Jeff for your comments. And it’s always nice when you’re in public service to hear positive feedback on what we are trying to do because it’s 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, I’m 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: It’s from Greenstein, DeAngelo, and Benson. MR. RICCI: First I’ve heard that they were involved in this in any way. But certainly, we’d welcome everybody’s support to try and help out the residents on Alessio who have had some problems with the turnpike widening. COUNCILWOMAN YAEDE: I’ve asked our fellow Council members if they’ve been… this meeting isn’t with the Council, it’s 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 don’t 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 we’re meeting out at the site. COUNCILWOMAN YAEDE: Can you make it clear that the meeting was with you and I’ve never heard of this meeting. I don’t want the residents, obviously they were CC’d 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 weren’t given the letter until you just handed it to me tonight. COUNCILMAN GORE: One of the people that gave it to me that wouldn’t 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 I’m glad to see you’re on top of it. VICE-PRESIDENT MEARA: What time is the meeting? MR. RICCI: I believe it’s at 10 AM, but I’m not positive. COUNCILMAN GORE: The letter doesn’t 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 it’s Rich Williams that’s 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 we’re only finding out about it tonight, maybe we can shoot over. VICE-PRESIDENT MEARA: Thank you Mr. President. Jeff, great words, really appreciate it. It’s 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 I’m a better Council person because John Ricci is the business administrator. When I first became a Councilman in 1990, I was told he’s 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 don’t 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, she’s usually up front, it works. And I’m a little to the side and so they’ll come, oh look, look it’s 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 you’re talking about. I enjoy it, we have fun out there. With that, I want to thank my fellow Council members, the administration. Especially the Clerk’s 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 there’s 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 18th which is a great party that this administration puts on for the township, so I encourage everybody to come out. MR. RICCI: Can I interject something here? Since you mentioned Septemberfest, there’s 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, aren’t 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 don’t 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, I’m sincere about that, you’re our number one asset. We don’t know everything, we don’t have all the answers, we don’t have all the power. So we gather a lot of what we do to help people right in this room. There’s 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. We’re not the quintessential politicians, we’re 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 I’m 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 governor’s idea, I think as well. So let’s put their license on the line, let’s make sure there’s 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 let’s make sure that their butts are on the line because at the end of the day, that’s going to ensure… And we’ll let them know via this on the record that we’re going to do that. And that way, if anything God forbid ever happens, they’re the professionals. We’re 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 I’ve 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 they’re 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, we’re America, we’re going to get stronger, we’re going to get through these tough economic times, and we’re 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 we’re Americans, and we’ll 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 there’s 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. That’s New York, it’s 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. We’re having one meeting in September, and it’s 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 Dennis Pone Municipal Clerk Council President