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TOWNSHIP OF HAMILTON MEETING MINUTES

TOWNSHIP COUNCIL

President David Kenny Vice President Dennis Pone

Council Members: Edward Pattik, Kelly Yaede, Thomas Goodwin

Wednesday, June 27. 2007 Municipal Building

8:05 PM - Council Special Meeting

The agenda as it appears was discussed by members of Council along with members of the Administration. Resolution 3j was tabled. STATEMENT OF THE PRESIDENT “THIS MEETING IS BEING HELD WITH THE BENEFIT OF PUBLIC NOTICE AS REQUIRED BY THE OPEN PUBLIC MEETINGS ACT” ROLL CALL COUNCIL MEMBERS PRESENT: EDWARD PATTIK, THOMAS GOODWIN, KELLY YAEDE, DENNIS PONE AND

DAVID KENNY ADMINISTRATION PRESENT: JOHN MASON, BUSINESS ADMINISTRATOR PAUL ADEZIO, DIRECTOR, DEPARTMENT OF LAW COMMENTS FROM THE PUBLIC (Conference Meeting Only) DISCUSSION John Leverence, Director – Department of Water Pollution Control RESOLUTIONS 3a. Resolution Authorizing Transfers in The Fiscal Year 2007 Municipal Budget ($271,358.00) 3b. Resolution Authorizing Cancellation of Fiscal Year 2007 Unexpended Balances in the Current Fund

Budget ($510,882.00) 3c. Resolution To Amend The State Fiscal Year 2007 Capital Budget Of The Township of Hamilton In

Conjunction With Certain Capital Projects ($84,500.00) 3d. Resolution Approving Preliminary Municipal Tax Levy For The Calendar Year 2007 (3rd and 4th

Installment Rate - .81¢) 3e. Resolution Authorizing Temporary Budget Appropriations For The General Obligations For The Fiscal

Year 2008 Municipal Budget ($15,534,439.56) 3f. Resolution Authorizing Temporary Budget Appropriation For General Obligations For the Fiscal Year

2008 Sewer Utility Budget ($3,908,253.74) 3g. Resolution Amending And Increasing FY2007 Authorized Limit For Contract Awarded To Power

Equipment Company Under Resolution No 06-329 For Maintenance Of The Township’s Wastewater Utility’s Emergency Power Generators (+$32,740.00)

3h. Resolution Approving A Second And Final One Year Extension To Contract No. 04-263 Awarded To

Power Equipment Company For Emergency Generator Maintenance Service For The Department Of Water Pollution Control ($40,000.00 Maximum)

3i. Resolution Approving Extension No. 1 To Contract 05-069 With Allied Control Services To Provide

Instrumentation Services At The Wastewater Treatment Plant ($70,484.00 Maximum) 3j. Tabled

Wednesday, June 27, 2007

ORDINANCES 4a. 07-020 An Ordinance Of The Township Of Hamilton In The County Of Mercer, New Jersey, Providing

For Various Capital Improvements For The Township Of Hamilton And Appropriating $3,015,000, Therefore, And Providing For The Issuance Of $2,864,250 In General Improvement Bonds Or Notes Of The Township Of Hamilton To Finance The Same

FIRST READING AND INTRODUCTION RECESS AS THE TOWNSHIP COUNCIL AND CONVENE AS THE LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD 5a. Resolution Approving Renewal Of Alcoholic Beverage Control Liquor Licenses (2) For The Term Of

July 1, 2007 to June 30, 2008 RECESS AS THE LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD AND RECONVENE AS THE TOWNSHIP COUNCIL COMMENTS FROM THE COUNCIL ADJOURNMENT __________________________________________ Jean Chianese

Municipal Clerk

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TOWNSHIP OF HAMILTON MEETING MINUTES

TOWNSHIP COUNCIL

President David Kenny Vice President Dennis Pone

Council Members: Edward Pattik, Kelly Yaede, Thomas Goodwin

Wednesday, June 27. 2007 Municipal Building

8:05 PM - Council Special Meeting

STATEMENT OF THE PRESIDENT “THIS MEETING IS BEING HELD WITH THE BENEFIT OF PUBLIC NOTICE AS REQUIRED BY THE OPEN PUBLIC MEETINGS ACT” ROLL CALL COUNCIL MEMBERS PRESENT: EDWARD PATTIK, THOMAS GOODWIN, KELLY YAEDE, DENNIS PONE AND

DAVID KENNY ADMINISTRATION PRESENT: JOHN MASON, BUSINESS ADMINISTRATOR PAUL ADEZIO, DIRECTOR, DEPARTMENT OF LAW SALUTE TO THE FLAG INVOCATION VICE PRESIDENT PONE: Heavenly father, we ask that you bless this meeting, this evening. And we ask that you give this Council the courage, the guidance, courage and the wisdom to do what is right and proper for all of Hamilton Township. We ask that you bless our troops both at home and abroad fighting for our freedoms. We ask this in your name. Amen. DISCUSSION PRESIDENT KENNY: The first item on the agenda is a discussion with John Leverence, Director – Department of Water Pollution Control. JOHN LEVERENCE, Director, WPC: Mr. President, members of Council, I was here before you a week ago; there were several items you carried over to tonight’s meeting and you asked for some information and I brought that with me this evening. I believe, who was I talking, you have that information in your packets. PRESIDENT KENNY: I’m not sure John because we didn’t get anything till tonight. MR. LEVERENCE: I’ll take real quickly, the items that are on the agenda, one is an extension, exercising a one year option for extension of our service for instrumentation and repair with Allied Control Services. This will be as you requested and as I indicted last week for the period of July 1st through June 30th. I did receive a letter from the vendor, agreeing to that timeframe and also acknowledging that he would honor the same hourly rates that were in the original contract. PRESIDENT KENNY: That’s for Power Equipment Company? MR. LEVERENCE: No, I’m talking about, right now about Allied Control, 3i. PRESIDENT KENNY: 3i, okay. MR. LEVERENCE: I do want to point out as I indicated last week that we did survey other utilities to reassure ourselves that we are getting a very good price now. In my opinion these types of services, both for the instrumentation, maintenance and the generator maintenance are services that require highly skilled technicians and people who command a pretty good wage and benefits and the service industry, these prices don’t go down they go up over time. There’s cost of wages and health benefits and all that these companies do to have to put into their rates. In affect we are locking in a price on this one for three years. I’m convinced that we’re getting a really good price and that this is going to save the township money to exercise our option. When I put together a bid spec for these types of services I always put it together for a two year contract with the option for two, one year extensions because I know that if the vendor will agree to the extension that almost always we wind up with a real good deal and we save the taxpayers money. I’m confident that in this one time, Allied Control and the other one; 3h, Power Equipment, that we are getting a very good price. Then the only other thing I’m here

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Wednesday, June 27, 2007 to discuss again this evening is the, what item is this? 3g, the change in the price of last years contract with Power Equipment and I did mention to Council last week that we did make an error on this and I do apologize; our office staff is usually pretty good with this sort of thing and they almost always get it right; they pride themselves in their quality of work and they were quite upset, as was I that this occurred. We’re determined that there won’t be a reoccurrence of this sort of thing and we’ll keep a constant eye these matters in addition to the controls that Mr. Mason is implementing at the central level to ensure that we don’t have this sort of thing again. I do regret that we did go over on that contract. VICE PRESIDENT PONE: Mr. President, I have a question for Mr. Mason on that. Do we have the funds in Fiscal 2007 to pay for that error? MR. MASON: The resolution reflects the account numbers that are utilized. I think the additional amount of money was mainly charged to a capital account and the resolution reflects that capital account number on there. VICE PRESIDENT PONE: Are the certification of funds, Madam Clerk, are they all signed, sealed, delivered? Okay. (SPEAKER INDISCERNIBLE) MR. MASON: They were signed last week and they haven’t changed. MRS. CHIANESE: They were signed a few days ago. MR. LEVERENCE: Mr. President, that’s all I have, if you have any questions I’d be happy to answer questions. PRESIDENT KENNY: Anybody have questions of Mr. Leverence? Okay, thanks John. First item 3a. RESOLUTIONS 07-260 RESOLUTION AUTHORIZING TRANSFERS IN THE FISCAL YEAR 2007 MUNICIPAL BUDGET ($271,358.00) COUNCILMAN PONE: Why are we taking $271,358.00 and only transferring to $239,300.00? MR. MASON: Typo. PRESIDENT KENNY: Okay, which is the right number? MR. MASON: $271,358.04 is the right number. VICE PRESIDENT PONE: So the transfer to account should add up to that. PRESIDENT KENNY: John, how do have $93,800.00 left over in the Administration; salary and wages? MR. MASON: Public Works Administration, not the Business Administrator. PRESIDENT KENNY: Oh, okay it doesn’t say that, all right. So, what a minute there’s $103,800.00 leftover from public safety, public? Oh I see the Public Works Administration should be on the next line? MR. MASON: Yes. PRESIDENT KENNY: The first one is public safety, $10,000.00. Okay, why have we so much money left over from the Public Works Administration, salaries and wages? MR. MASON: We had a light snow year so there was… PRESIDENT KENNY: So, this is overtime money? MR. MASON: Uh-huh. PRESIDENT KENNY: We know we’re paying some people out of Public Works Administration that shouldn’t be paid out of there. MR. MASON: That has all been accounted for.

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PRESIDENT KENNY: I’m still curious how that gets accounted. How do you pay people that aren’t in Public Works salary account? MR. MASON: It can be done. PRESIDENT KENNY: On what basis? I mean, I know it can be but I question the legality of it. MR. MASON: I know and we covered that and there’s nothing illegal about it. PRESIDENT KENNY: Then why do we have any salary accounts? Why not give you a blanket amounts for salaries and spend it where the hell you want. It doesn’t make any sense to me. VICE PRESIDENT PONE: Paul, do you have an opinion on that legally? MR. ADEZIO: I know John has discussed it with the DCA and apparently they have not taken a contrary position of what John has stated so I haven’t had any contact with the State about John’s position. PRESIDENT KENNY: Well, I don’t think the silence of DCA makes something legal. I had asked Mr. Mason today for the computer printout for the budget account status. Roberta, maybe while you’re here I could ask a few questions, if I’m reading this right. I just got it tonight obviously but, do I read this right that we have used and unexpended funds of $3.2 million? ROBERTA MAGDZIAK, Budget Officer: (Indiscernible, not at microphone) PRESIDENT KENNY: All right, I’ll be happy to show it to you. I’m just looking at the last page, this total here and what’s the five million below it mean then? MS. MAGDZIAK: (Indiscernible, not at microphone) PRESIDENT KENNY: Okay, so that’s just one part of the budget then. MS. MAGDZIAK: Correct. PRESIDENT KENNY: Where would I look to see, have there been any major over expenditures that we know of? MS. MAGDZIAK: The only way you can tell is if you look in the far right column, the balance… PRESIDENT KENNY: Okay, the ones that show negative. But is there an overall summary for the whole budget to show me if we budgeted $80 million dollars, did we spend $79 million, did we spend $81 million? How do I determine that? MS. MAGDZIAK: This is by division; I could try and run one by department. PRESIDENT KENNY: But wouldn’t there be an overall number; I know we’re doing budget transfers. I’m just trying to get a handle, where are we? Did we overspend, did we under spend. MS. MAGDZIAK: The number, the $3.2 million you are looking at, that’s the entire budget. PRESIDENT KENNY: Okay, so that was not spent. MS. MAGDZIAK: That was not spent correct. PRESIDENT KENNY: What’s the five million number again? MS. MAGDZIAK: Funds have been expended, the $3.2 million includes funds that are expended and encumbered. In other words they’re not paid yet. PRESIDENT KENNY: Okay, so they have been expended? MS. MAGDZIAK: Correct. PRESIDENT KENNY: But what would tell, is there any place I can look to say if we budgeted $80 million that we spent $79 million, spend and encumbered. MS. MADGZIAK: Yes. PRESIDENT KENNY: That’s what I’d be interested, curious to find out just so have a handle where are we in order to figure out where we’re going; or John, if you can tell me that.

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MR. MASON: I’ll let Roberta do that. MS. MADGZIAK: The adopted budget, okay, here is the expended only figure. PRESIDENT KENNY: Okay. MS. MADGZIAK: This is the encumbered figure. PRESIDENT KENNY: Year to date, okay. Transfers MS. MAGDZIAK: Transfer figure only. Any of the Council transfers that you have done; any monies that were reimbursed into the account. This is modified column; funds where PO’s are cancelled out and this is everything that has been paid or charged. PRESIDENT KENNY: Okay. MS. MAGDZIAK: Here’s your balance year to date. PRESIDENT KENNY: The percentage used, all right and the number below it would be the unexpended. But is there anything that gives me an overall total on the budget, without adding this up? MS. MAGDZIAK: That’s your last page. PRESIDENT KENNY: All right so if I look at the last page I’ve got $3.2 million, final budget. PRESIDENT KENNY: Okay we’ve used 96% through June 27th, this is through today and unexpended is $5 million. MS. MAGDZIAK: That means something’s have been encumbered, requisitions are out there they just have not been paid. PRESIDENT KENNY: So, basically we should have $3 million dollars left over as of June 27th. MS. MAGDZIAK: Correct, if you take this number they all add up. PRESIDENT KENNY: All right they have $3.2 million dollars that have been expended through today or encumbered through today. MS. MAGDZIAK: Correct, you got it. PRESIDENT KENNY: Or unencumbered? MS. MAGDZIAK: No, encumbered or expended. In other words the requisition is out there or a purchase order has been done and paid. VICE PRESIDENT PONE: $3.2 of the five, Roberta? MS. MAGDZIAK: Correct. PRESIDENT KENNY: So we have $1.8 million that has not been encumbered or expended at this point. Is that right, am I right? MS. MAGDZIAK: $3.2 is the absolute number that is free money. PRESIDENT KENNY: That’s the free money. MS. MAGDZIAK: It’s not encumbered and it’s not expended. MR. MASON: Let me just interject something before we, I see where this is going. We don’t have the health insurance bill for May or June. PRESIDENT KENNY: Okay so there are other expenses out there. MR. MASON: Right, there are expenses coming we don’t have so they’re not spent or encumbered. So to say that, that money is free and available today is not accurate. That’s what the report shows, the report is accurate but there are other things going. PRESIDENT KENNY: I understand, okay, but we should have some idea what the health insurance bill is per month.

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MR. MASON: About two months about $1.8 or $1.9 million because of (indiscernible) paid. PRESIDENT KENNY: Okay so if it’s $1.8 from the $3.2 I’ve got $1.4 million but there’s probably some other bills out there. MR. MASON: And today is the 27th and we have to go to the 30th. MS. MAGDZIAK: Utility bills are out there. PRESIDENT KENNY: We still have payroll this week? MR. MASON: We have payroll. We’re do have, further down the agenda we have a resolution to cancel what we believe are funds available through surplus, about $510,000.00 out of what you have there. That’s mostly salaries because most of the salaries are easier to project then the other expenses. So that free and available, we believe, on a projection basis before cancelling to surplus. MS. MAGDZIAK: Then all the detail is every division, salary total, other expense total, by division. PRESIDENT KENNY: Yeah, okay, like printing and binding, obviously it’s a small number but we went over that. Then there’s some, I see there’s some larger numbers we went over and there were some that were quite a bit under. Okay. VICE PRESIDENT PONE: For the public’s information we apologize for the tediousness but literally we were handed this stuff as we sat down tonight. We’re going to be doing a lot of this so I apologize for that. PRESIDENT KENNY: Okay we’re still on Resolution 1, which nobody has moved yet but with regard with, looks like the Council overspent by four cents. COUNCILMAN PATTIK: Is that your raise, Council President’s raise? PRESIDENT KENNY: Ha, ha, yeah, I’ll kick that in. Anybody have other questions about the budget transfers of $271,358.04? COUNCILWOMAN YAEDE: Through you Mr. President to Mr. Mason, we still haven’t received the actual response saying where these two employees are being paid out of. Are they being paid out of buildings and grounds, are they being paid out of public works administration, where are these and who do they report to? MR. MASON: The, on the list of Public Works employees you had asked for a list of employees on the Public Works payroll, those names are included in that. COUNCILWOMAN YAEDE: So are they being paid out of Public Works? MR. MASON: Public Works, that’s right. PRESIDENT KENNY: Which list is that? MR. MASON: You have, in addition to those reports, right next to it was a list of, excuse me a packet of memos and what have you, Council information request, one of the information requests that Council had asked for was a list of employees on the Public Works payroll and that’s included in that packet. PRESIDENT KENNY: We got a number of memos tonight. COUNCILMAN PATTIK: While everybody is looking for that, Mr. Mason this amount $271,358.04 is that the same amount that we entertained last week? MR. MASON: No, I think the amount last week was $239. COUNCILMAN PATTIK: So the incorrect amount was last week’s number. COUNCILMAN GOODWIN: Mr. Mason, I found a list of the Public Works employees, Council would also like to see the salaries of all these individuals. MR. MASON: We can supply that. PRESIDENT KENNY: Oh we now have some eighty-day laborers back? MR. MASON: No, we have two eighty-day laborers that work in Public Works and the others are bus drivers and they’re classified as eighty-day laborers that drive the Senior Center buses.

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COUNCILWOMAN YAEDE: Mr. President we’ve asked at recent meetings that we get the supervisor’s name of who oversees the two individuals that we question being paid through Public Works. One of them is listed here and the other one is not a Public Works employee. So, I would like to see who supervises them. We’ve asked for that several times and also I know we mentioned it last meeting but I would like a letter sent to DCA asking for their opinion on paying two employees out of the Public Works budget. And who would do that? PRESIDENT KENNY: I’ll do a letter. COUNCILWOMAN YAEDE: Mr. Mason, why haven’t we received that information? MR. MASON: I’ve been working diligently trying to compile information, responses to the information requests of Council, that’s one I didn’t get to. I got too many of them as you will note there but that one I didn’t get to yet, I will get to it. PRESIDENT KENNY: One other question. I’ve been given information that there’s someone who works for the township that is being paid about $20,000.00 above the salary ordinance amount? You’re not aware of that at all? MR. MASON: I’m sure you don’t want to say the name, you can tell me later or… PRESIDENT KENNY: Yeah, I’d be happy to give you some details because I would like to get that information to see if that’s true or not, I’m hoping that it’s not true. VICE PRESIDENT PONE: Can we also, John, I don’t know if you can go over what these transfers are for other then salary and wages I assume is shortfalls, overtime switches. MR. MASON: One the third page is an attachment for 3a. The first column, top column is the from and the bottom column is the to and you have reasons there as to why they’re needed, getting past the Council’s win fall of four cents will go right to human resources. There was a retirement there July 1st, that’s for the retirement severance package and next to it, the same reason. Then we have, we received escrow payments and we reimbursed our salary and wages for developer escrow payments for our professional time was spent reviewing developer applications. So we’re waiting a reimbursement in order to avoid an over expenditure we need to have that transfer. VICE PRESIDENT PONE: What specifically is that for, John? MR. MASON: The law permits us to charge the developer escrows for our license professional review of their application so that our taxpayer’s are not subsidizing business expenses of the developer. So we do that and reimburse the account back. VICE PRESIDENT PONE: I understand that but I meant specifically the $9,000.00 is it for something specific or is it just because, okay. COUNCILMAN PATTIK: A couple of things Mr. President. With regards to some of these repairs and replacements and things like that, have all those bills been already paid? MR. MASON: Repairs, I can’t attest to that the bills have been paid, they tell me that the busses are going to be repaired, and I can tell you that, they’re not repaired, not back in service. Major repairs AC and generators, I’d have to check on that, I don’t know if they proceeded with those repairs based on the fact that’s it’s very important to have working generators in this, when we have lightning storms during the summer and so forth, knocked out power it’s important to have generators. COUNCILMAN PATTIK: So the work has already been done. MR MASON: I can’t certify to that but I would say on the generators in particular, I don’t think that they hesitate to move forward with that. On air conditioning that would be a similar reason, obviously it’s very warm out and the buildings need to be; if there’s a problem with the buildings air conditioners that problem needs to be solved in an expeditious manner. On the busses I can tell you that they are not back in service that they’re being worked on. COUNCILMAN PATTIK: What’s an electricity audit? MR. MASON: The Mayor and Council some time ago engaged a firm to perform an audit of our electricity bills. They have done that and then we are, credit is going forward but under the terms of the contract they’re entitled to a 45% cut of any savings that they identified that they received credits for. So we have to pay them, but we’ll be reaping the credits forever more. Obviously we were not being properly charged. COUNCILMAN PATTIK: That’s something that wasn’t budgeted for in the past.

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MR. MASON: Mostly it’s for electricity and fuel. Obviously fuel has increased dramatically, again, this season and electricity as well has gone up. Electricity audit is just a minor aspect of that entire line, but certainly not the bulk of it. PRESIDENT KENNY: What’s the Council’s determination as to 3a, Resolution authorizing transfers? Is there a motion on that? Mr. Pattik moved to adopt, seconded by Mr. Goodwin; unanimously approved by Council following discussion. PAUL KRAMER, 106 Hummingbird Drive: Most of the money or all the money is being transferred from salary and wages? PRESIDENT KENNY: I’d say $150,000.00; no most is coming out of salary and wages. MR. KRAMER: And the others are other expense accounts right, other expense accounts? PRESIDENT KENNY: The overhead and expense is Municipal Court… MR. KRAMER: And the analysis was so deep and complete you were able to determine that it was $271,358.71, right? PRESIDENT KENNY: That’s the total that has been given to us. MR. KRAMER: Just want to get that on the record that this analysis was possible because of information that’s out there and… PRESIDENT KENNY: Meaning out there in terms of what other money is available? Current year budget. MR. KRAMER: In terms of some of the other resolutions that we will be faced with. So, there is information in order to make a determination and even come as close as four cents on those items, am I right, I just want that on the record, is that right? PRESIDENT KENNY: You’re right, four cents. MR. KRAMER: I don’t know if it’s the appropriate time to ask but; I don’t think Councilwoman Yaede got the answer of where they were working. There are several divisions in Public Works, what division are they working in? Are they working in vehicle maintenance, are they working in buildings and grounds? Whether it’s legal or not and the big question I think she needs answered, you all need answered; what’s going to happen to these two employees, July 1st you gonna pay them out of the Sewer Department, out of some other contract out there, I mean come on. You guys set the budget, you need to get answers to this, not that you would stop what’s happening after July 1st but was it discussed whether you want to spend money for fireworks on the Fourth of July, I don’t know. I mean I’m sure you would do it but it would have been nice if somebody came forward and said we got a big expenditure coming up on the night before the fireworks or the night before the Fourth of July? Did anybody talk to you guys about that? PRESIDENT KENNY: I think we did approve the contract for the fireworks. But that is a good question that Councilwoman Yaede asked. What Division of Public Works, are these two individuals working in? MR. KRAMER: I’d have to check I haven’t had a chance to address that particular Council request. COUNCILWOMAN YAEDE: Mr. Mason, we’ve asked that for the last three meetings. MR. MASON: You’ve asked for many things for a number of meetings and I’ve tried my very best and all my other work… COUNCILWOMAN YAEDE: A simple phone call to Mr. Balgowan would get that information. MR. MASON: Mr. Balgowan is on vacation till July 9th. COUNCILWOMAN YAEDE: For three months. VICE PRESIDENT PONE: Again, for Mr. Kramer’s point if you can analyze Council expenditures down to four cents you certainly can tell us quickly, how, where, how much these individuals are being paid… MR. MASON: I won’t take credit for that, Roberta, our very dedicated Budget Officer managed… COUNCILWOMAN YAEDE: Roberta, can you tell us what account, is it recreation, is it parks, is it roads that they’re being paid out of? MS. MAGDZIAK: (INDISCERNIBLE) Public Works account, I would have to go and…

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COUNCILWOMAN YAEDE: Can you call us tomorrow? PRESIDENT KENNY: Can you do that while we’re here tonight? Can you go down tonight to your office and… VICE PRESIDENT PONE: Yeah, we really need it tonight because if we’re doing a temporary budget and those items are in consideration on the temporary budget, you know we really need to know where they’re at. COUNCILWOMAN YAEDE: Those numbers would be fixed, would have to be adjusted. MS. MAGDZIAK: Excuse me, I would have to go to Personnel, their files to see exactly where they’re charged. COUNCILWOMAN YAEDE: So you don’t have it by department by division? MS. MAGDZIAK: I keep titles. PRESIDENT KENNY: Well, let’s have that information for our meeting on July 5th. As I recall we necessarily have to do a temporary budget tonight we can do it in the beginning of July. MR.MASON: Except that I really don’t now what authority the municipal government has to do to spend money without a temporary budget in place on July 1st. I saw the law, I read it, it doesn’t make sense to me. I have no idea what authority we would have up to the point where the Council met and adopted a temporary budget to spend any money at all. COUNCILWOMAN YAEDE: How can we adopt a temporary budget without the necessary information, particularly when it comes to salary and wages and here we are at the last minute? Once again, we’re given this information it’s unfair to us, it’s unfair to the members of the public that are here today when we’ve asked for this information three months ago. It’s inefficient and it’s inappropriate to conduct business in this manner when we’ve asked the question numerous times. MR. MASON: Let me just say one thing about the two employees that you’re questioning about. Again, these are employees that hold union titles, they have civil service titles so therefore the fact that the layoff notice did not go out there are still procedures under the civil service regulations that have to take place. PRESIDENT KENNY: Wait a minute John, we put money in the budge last year to keep these people employed through April because the civil service notice you told us was required. Now you’re telling us a civil service notice didn’t go out and we’re at the same place we were then in January. MR. MASON: But as you noted in that report there’s available funds in the budget and there will be available funds in the budget. PRESIDENT KENNY: And that’s utter nonsense because, well maybe there won’t be because we set the budget and if you’re gonna keep playing that game because that’s utter nonsense to say well there’s available funds in this township we have to keep everybody that’s on the payroll right now employed; that’s absurd. MR. MASON: Per civil service regulations that would be the case. PRESIDENT KENNY: That’s not what civil service regulations say. MR. MASON: They would not approve a layoff action plan… PRESIDENT KENNY: You didn’t even try. MR. MASON: They would not, because I know they would not approve a layoff action plan nor would the unions approve a reduction in force for their members when we have a projected budget surplus. It’s as simple as that. COUNCILMAN GOODWIN: Cut the temporary budget. COUNCILWOMAN YAEDE: Why do we have a salary ordinance or why do we have line items? MR. MASON: It’s not permitted under civil service regulations. The process still would have to go forward if in… PRESIDENT KENNY: You brought this on yourself; because the notice didn’t go out in April that’s not my problem.

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MR. MASON: I’m telling you what the requirements under the law are and the regulations. Now you can either listen to them or not but I’m meeting my professional obligations to tell you what you need to do. PRESIDENT KENNY: You also told me under civil service there was an entitlement to a confidential aide, which is utter nonsense, too. I can’t believe anything that you guys say I’m going to be very frank with you because you tell us this stuff and we know what you’re doing you’re trying to protect certain employees when we’re trying to cut the budget. And you guys just want to do what you want to do and spend the money any way you want. Frankly, I’m getting sick of it and the taxpayers of the township ought to be getting sick of it, too. So you’re telling me now if we do something now we have to give four months notice. MR. MASON: The requirement under civil service regulations to mitigate possible layoffs still has to be followed, the entire process has to be followed in the new fiscal year, so therefore the notice has to be given and you would not have the ability this evening to cut the funds out of the temporary budget for these employees. They’ll still need to be paid while the township is following through with the civil service regulation requirements, meeting with the unions, formulating a layoff action plan, getting and approval from the Department of Personnel in the State. PRESIDENT KENNY: Which you clearly aren’t going to do, you just aren’t going to do it. MR. MASON: And then putting out a layoff notice for the forty-five day notice. PRESIDENT KENNY: Mr. Kramer, you have a comment because I’m getting frustrated up here. MR. KRAMER: The action plan concerns bumping rights, these are entry level jobs. There is no such thing you give them forty-five days notice and they’re gone. And, secondly… MR. MASON: That’s not true. MR. KRAMER: That is true. MR. MASON: You are wrong. MR. KRAMER: You’re going to say what you want to say. If people need, if a budget item is cut then layoffs take place. Are you telling me or telling this Council that somebody in Personnel or somebody in the payroll office unilaterally decided; oh we have two people here that we don’t have money for so we’re going to pay them out of another account, there’s no way that happens you make that decision on where people are paid you order it and you’re standing there or sitting there, I’m sorry; and telling this Council and these people out here that you don’t know where they’re being charged that’s just bull complete bull and if the Personnel Department is making that decision instead of you then you shouldn’t be getting paid as the Business Administrator. COUNCILWOMAN YAEDE: As the CFO wouldn’t you know that, where they’re getting paid from? MR. MASON: I don’t have that information with me tonight. PRESIDENT KENNY: My inclination is, let’s carry the budget transfer to July 5th. COUNCILWOMAN YAEDE: Agree. VICE PRESIDENT PONE: Because if we’re not going to have a budget process we need things done in Public Works, I understand a lot of equipment needs repair. I’d rather figure out how to get rid of the salary and wage money and stick it into fixing or purchasing some equipment or roads or all the things that are falling apart. COUNCILMAN GOODWIN: Police cars. MR. MASON: I just advise you that failing to provide, pass this transfer resolution will result in expenditures without appropriations and those will have to be budgeted in the FY ’08 budget. You’re going to have to do it one way or another. PRESIDENT KENNY: Mr. Adezio, let me ask you, my recollection is you can budget transfers for thirty or maybe even sixty days after the close of the budget year? I’m quite certain you can. Mr. Kramer, maybe you recall? Sixty days, that’s what I thought. MR. MASON: You have time to do it but it will be after June 30th and it will be too late to affect the year end numbers. PRESIDENT KENNY: I don’t know if that’s accurate, I’ve always seen budget transfers in sixty days. Mr. Kramer, I have to look to you for advice. MR. KRAMER: (Responds from seat, indiscernible)

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PRESIDENT KENNY: I’ll defer to Mr. Kramer because I trust his advice. It’s been moved and seconded, this budget transfer, roll call. PASSED: Ayes - Nays - Abstention - Ayes: Councilmembers: Pattik, Goodwin, Yaede, Pone and Kenny PRESIDENT KENNY: I say we should table 3b and let’s go and 3c, we have to do 3d. MR. MASON: Now, let me just say something here. PRESIDENT KENNY: Sure. MR. MASON: 3b is in your interest to move because the Council’s $510,882.00 to surplus; which then can be utilized to mitigate any possible tax impact in FY ’08. 07-260 RESOLUTION AUTHORIZING CANCELLATION OF FISCAL YEAR 2007 UNEXPENDED BALANCES IN THE

CURRENT FUND BUDGET ($510,882.00) PRESIDENT KENNY: Okay, well let’s talk first. How did you come up with the numbers to determine that there should be no tax increase? When we’ve had information from out Auditor projecting a .12¢ increase you didn’t disagree with his assumption and now we’re being told… MR. MASON: No, no… PRESIDENT KENNY: Let me preface this by saying… MR. MASON: That’s not accurate. PRESIDENT KENNY: Mr. Mason, I would fully expect to see a budget within thirty days from the Administration with no tax increase. Because if you’re telling us that you’re projecting no tax increase; because I don’t want to see it made up in the 3rd and 4th quarters of the fiscal year. Will we get a budget with no tax increase within the next thirty days? MR. MASON: We won’t be able to provide the budget within thirty days. PRESIDENT KENNY: Why not? MR. MASON: I’ve gone over this numerous… PRESIDENT KENNY: Ewing Township will have theirs by July 15th they’re on a fiscal year. MR. MASON: That law does not apply to fiscal year towns. PRESIDENT KENNY: Yes it does. MR. MASON: No it does not. PRESIDENT KENNY: But they’re on a fiscal year, they can have theirs done by July 15th, why can’t we have ours by July 31st I’ll give you an extra two weeks? What information do we need to get the budget together still? MR. MASON: Annual Financial Statement needs to be completed by August 10th that will tell us what our revenues are and Mayor will be in a position to make informed decisions about recommended rates of expenditure in the FY ’08 budget. PRESIDENT KENNY: How do you set the tax rate if you don’t know what the budget is going to be? MR. MASON: We know what the budget is for; first of all this resolution pertains to the calendar year 2007, not the Fiscal Year 2008, so let’s get that straight. PRESIDENT KENNY: But I know what the game is. The Mayor wants to push off the tax increase and unfortunately we all see coming until after the election. He did it four years ago, it’s going to be done again. VICE PRESIDENT PONE: Frankly he did it last year he sent out a memo saying there would be no tax increase when he introduced the budget and we had a .4¢ tax increase. PRESIDENT KENNY: So you’re telling me August 10th for the Annual Financial Statement. We have a budget by August 15th? MR. MASON: Then we need about a month in order to come to the conclusions and decisions that we…

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COUNCILWOMAN YAEDE: Right up to the election. MR. MASON: …that we would include in the Mayor’s budget proposal to the Council and that has been general timeframe for delivery of the budget to the Council since time and memorial here in Hamilton Township. PRESIDENT KENNY: When September? MR. MASON: Since Hamilton Township switched to the fiscal year budgets have been coming to the Council in September in general. PRESIDENT KENNY: When will we have the zero tax increase budget, in September, September 10th? MR. MASON: You will have the Mayor’s budget proposal in September at some point in September. PRESIDENT KENNY: How was it calculated to use the same tax rate as the current tax rate, and let me express my concerns? If the Auditor is correct, let’s say there’s a .12¢ tax increase, that would translate to a .24¢ tax increase in payments people would have to make in the beginning of 2008 to make up for that. VICE PRESIDENT PONE: Right in the last two quarters of the fiscal year it would double the tax rate, exactly or double the tax increase. It’s a good question Mr. Mason, how, I mean no argument but tell us how you’re coning up with a .81¢ cent tax rate when you’re not even close by the sounds of it having a budget put together. I mean how did you arrive at it, did you, that’s what’s confusing us. It sounds like the game. MR. MASON: First of all let me read the resolution title to you, 3d-Resolution Approving Preliminary Municipal Tax Levy For The Calendar Year 2007 (3rd and 4th Installment Rate - .81¢), which doesn’t exist because we’re on a fiscal year. So, this is just for public clarity purpose and the rate as in the adopted budget for FY ’07 is .81¢. We have no other information that we can rely upon at this point in time, suggest it should be different at this point in time. Now, when the Mayor has a budget proposal for the Council I’m sure that an estimated tax rate will be provided, whatever that is, up or down or the same. Whatever it is that will be provided. PRESIDENT KENNY: John, you must have some idea of what you think the tax rate will be. What type of tax increase do you think we’ll need… MR. MASON: That is a question that invites speculation; I’m not going to speculate on that question. COUNCILMAN GOODWIN: Let me ask you this, do we have to pass this because, how can we pass something when we don’t know the numbers behind it. VICE PRESIDENT PONE: I mean the rate is already .81¢. COUNCILMAN GOODWIN: If we don’t have the calculations, you’re just firing bullets in the air not knowing what you’re going to hit? MR. MASON: If you don’t pass this there won’t be any tax bills going out for August and November quarters. PRESIDENT KENNY: And we’re already behind on the tax bills, they should be out already. MR. MASON: I don’t know how you plan to operate this government at that point in time. PRESIDENT KENNY: John, I’m sorry I might have interrupted you before when I said you didn’t disagree with some of the assumptions Mr. Morrison made based on… MR. MASON: No, what I didn’t, what I said he projected a $4 million dollar increase in expenditures I didn’t disagree that, that was unreasonable, I thought that was a reasonable estimate based on what we know but expenditures are easier to predict then revenue, which is why I never speculate on revenues. VICE PRESIDENT PONE: Mr. President, Mr. Mason has guaranteed us a budget in September, tonight, on the record. So, why don’t we start our budget workshops, which I know we are going to start, I think July 5th, Mr. Balgowan I think is slated to come in that day. Let’s get our workshops done so that when the Mayor and Mr. Mason, give us a budget guaranteed tonight in September we’ll be ready to go, we’ll be a lot further along to evaluate to the Council’s perspective and ask questions. With that in mind I hope to God they’re right, I hope that the .81¢ is accurate. We’ve gotten enough information to know there are non-recurring revenues from last year upwards of a couple million dollars or more that I recall. If our revenues are through the roof that be wonderful but that’s, I don’t know that we have a choice at this point but he guaranteed us a budget in September, so let’s be ready to rock and roll in September by having our budget workshops as complete as possible because the departments are finished with their budgets obviously.

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MR. MASON: No, they’re not anywhere near finished, they’ve submitted them. We have a long way to go in discussions… VICE PRESIDENT PONE: They’ve submitted them, which means we can see them as well. MR. MASON: No, because the budget process in this form of government is that the Mayor formulates a budget and submits the Mayor’s budget for proposal to the Council for… VICE PRESIDENT PONE: I want to see the budgets that the departments have put together and I want to start having the workshops. PRESIDENT KENNY: Mr. Mason our ordinance in the statute says that we should have the budget by July 10th. MR. MASON: And that law doesn’t apply because we’re in a fiscal year. PRESIDENT KENNY: Well it’s interesting that our ordinance doesn’t apply; it does apply for fiscal year. MR. MASON: The law specifically says except in fiscal year towns. PRESIDENT KENNY: Yeah, because the law says by January 10th, so it would be ten days after the start of your fiscal year which would be July 10th. Sue? SUE FERRARA, Florister Drive: Mr. Pone, I don’t think you’re going to see the head of Public Works on July 5th, because if I heard Mr. Mason correctly, he’s on vacation until July 9th. MR. MASON: That’s correct. VICE PRESIDENT PONE: No one told us he wouldn’t be before us now twice that we’ve asked for him. COUNCILMAN GOODWIN: He was on vacation last week, too. MS. FERRARA: I have not sat on a Town Council, but I have sat on a School Board and we started in February with budget hearings, with heads of departments coming to us saying this is how much we would like, this is how we’re going to spend it and then we set a tax rate. Now, Mr. Mason, just because the township has operated this way since the beginning of time does not make it correct. Quite frankly I find this whole thing appalling. You know how much you need to spend, you know how much you want to spend, okay, I understand you don’t know what the revenues are going to be but at least you have an idea of what you want to spend. I certainly hope you don’t spend $400,000.00 in landscaping again. So I can go to Veteran’s Park and watch the domestic geese eat the grass seed off the lawn that was freshly planted. VICE PRESIDENT PONE: Mr. Adezio, what are our rights as a Council to get this information from the department heads that has been given to the Mayor and Mr. Mason? MR. ADEZIO: I’ve discussed this before with then Councilman Kenny that those would be more is a form of a deliberative or internal memo between the Mayor and the departments rather then something that would be available to the Council or the public. So, you have the time honored tradition of the workshops; where you can go over the budget that’s presented to you and go over and talk to the directors about their needs, what they put in that budget, why they want this and if they want anything else. VICE PRESIDENT PONE: So we can do that? MR. ADEZIO: No, you don’t get the memos they submit to the Mayor, like I said that’s an internal matter between the administration and the department heads, but then once the budget is presented to you, you would be able to talk to the directors about the budget that has been submitted to Council and ask them, does this include what you wanted, is there something else you wanted and talk to them about that. COUNCILMAN GOODWIN: Can Councilman Pone, OPRA? MR. ADEZIO: That’s what the context of this was last year when I spoke to then Councilman Kenny, whether or not OPRA would allow this to be delivered and in my opinion it does not because it falls into that exception of being a deliberative document rather then a public or government record, internal matter rather then something available to the general public. COUNCILMAN GOODWIN: But that’s your opinion, that’s not… MR. ADEZIO: That night Mr. Kenny agreed with me he didn’t consult with Mr. Kramer. PRESIDENT KENNY: I should have.

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COUNCILMAN PATTIK: I just want to make a comment and I know this concerns Council with regards to timelines and meeting with department heads but I’m going to tend to agree with this situation, just for the fact that initially department heads submit budgets, they submit budgets to whoever, whether it‘s directly to Mr. Mason whether it’s somebody in between Mr. Mason and the department head whatever the case is. These budgets, the first time are documents that maybe might be wish list items there might be some things in there that haven’t been in the budget the previous years, whatever the case it’s always a working document from the beginning. Whenever one director sets a budget, consults with whoever is involved in the budgetary process but to ask for information from the initial outset with regards to directors putting their budgets together, I think I tend to agree with Mr. Mason to a certain degree. I know Council has concerns and wants to move forward. You know, it’s not an easy process, we dealt with it last year and putting these budgets together and getting to the final product, but you know initially it’s all, it’s premature. VICE PRESIDENT PONE: But Ed, I disagree because I think we can, as a body, I think we can very easily put last years department budget in front of us, have whatever they’ve submitted to the Mayor next to it and we can easily see what doesn’t jive or what’s a wish list item. We’re not rendering a decision on anything at that point but at least we can say we can see where they’d like to go, what they might have needed that’s neglected. I know at that point we can’t make a final decision but with last year’s document, that’s what I did last year sort of a learning process is I sort of put the previous year’s budget in front of me and then what they gave us for 2007 fiscal year next to it and when you go through it line by line you can see where the changes are. Now I already know working a year and a half with this particular Mayor that he’s, that things are going to be cut bare bones because there are non-recurring revenues there was a $5.7 million dollar phony revenue last year. There were things that made it very difficult and everything kind of got scaled back as a result of that and I don’t think the Mayor being an election year, I know he’s going to want to do everything in his power not to have a tax increase, that’s just, that’s going to happen. So, we pretty much I think it’s very predictable what’s going to happen this year. I think we can pretty much predict that very few things are going to get changed other then the required salary and wage changes. I think it’s going to be a bare bones budget, I think it has to be a bare bones budget. So, I think, my personally opinion is that I can evaluate that ahead of time to some degree and I would like to. COUNCILMAN PATTIK: The point I was making was that initially department heads get the opportunity to put their budgets together, present them to the administration. There’s always feedback in terms of what may be possible, what may not be possible, what kind of support you get from certain things. All I’m saying is from the initial outset in terms of department directors putting their budgets together, I think it’s premature, I mean we’re always going to have our opportunity to review the budgets, bring them into the workshops, have them say what they would like see, what the wish lists items they might want to have included in their budget. I mean that’s always an opportunity Council’s going to have anyway. We had it last year when we sat here and some of the department heads, you know, needed a lot of things in their department and it just wasn’t doable financially to have those thing included in last year’s budget. I mean sure we can compare last year or the year before and see where cuts are made but I’m just talking about from the initial outset in terms of department directors putting their budgets together it’s a premature document. VICE PRESIDENT PONE: But for the benefit of the public, here’s the way I see it, for the benefit of the public we’re going to know that if this .81¢ is it honest with the people is it realistic. We’re going to know because you know the salary and wage increases that the union negotiated contract; those are going to be plugged in. When you see that plugged in, if you start off by leaving everything else as it is you’re going to know you’re going to have a pretty good idea if that .81¢ is honest to the people of Hamilton Township or are we going to see a repeat of 2003 and 2007 where we heard the Mayor publicly come out and say, no tax increase. In press releases, 2004 there were two tax increases after he said there wouldn’t be any, that’s not fair to the taxpayer, that’s not balanced for their quarterly payments. Last year he did the same thing, press release no tax increase then a tax increase of .04¢, that’s not horrible but it’s not fair to the taxpayers. I believe we can get a handle on that just by seeing what are the required salary and wage increases, what happened last year beyond that, is it fair, is it honest and let’s let the public know what we know at that point and that’s where I stand. PRESIDENT KENNY: John, I’m looking at the temporary budget here, these numbers are wrong. I’m looking at Office of the Mayor you got $46,828.00, for the last, for 2007 it was 411, you come up with 26.25 is $808,000.00 a third of that is not $46,000.00 it would be $33, $35,000.00. Every number is too high in the temporary budget. MR. MASON: Just a moment, Council doesn’t meet on August 1st that I know of, so we need to carry it to the next Council meeting. This would take us a little into August until the Council’s next meeting. Otherwise I don’t want to be in a situation where Council hasn’t met and we can’t make payroll because we’re short. VICE PRESIDENT PONE: I thought we were doing one month at a time? MR. MASON: It’s still one month but you don’t meet on the first day of every month. VICE PRESIDENT PONE: I understand.

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PRESIDENT KENNY: We meet July 5th and July 17th, we could meet July 24th or 31st if we had to. So, what did you take it out, seven weeks because you’re coming up with 8% which isn’t, it’s not 8%, fiscal year budget. I don’t know where that number is coming from. ROBERTA MADGZIAK: I did $112,000.00 of the year took one month and one payroll. MR. MASON: So that would carry us to, whenever the Council meet in the next succeeding month. There wouldn’t be any problem. PRESIDENT KENNY: Okay then the OE you just did the twenty, the one month it looks like. MS. MADGZIAK: Yes, but there are some changes where I knew big bills would come into play, wherever I saw, I called around to see if there would be one time payments made that month; I think insurance is one of them. MR. MASON: Right. PRESIDENT KENNY: Yeah, I see something, it’s cut off a little bit, something expense in bulk purchases, $655 would be for three months but you gut $250 for one month. MS. MADGZIAK: That’s all you utilities. PRESIDENT KENNY: Okay is that what it is utility expense, okay it’s cut off. All right it doesn’t include any money for PERS this month. Social Security it looks like our number was high last year she got about $100,000.00 you’re transferring out but you used last years number. MR. MASON: Well you have to remember that most of the funds available for cancellation of surplus are in salary and wages. So, that would be a function of that. In other words social security wouldn’t have been paid either. PRESIDENT KENNY: All right when I look at the bottom line we got 26.25% of last years budget is $19,362,000.00 and we’re at $9,684,000.00 for this six weeks. So, that’s close to half of everything then. MS. MADGZIAK: You do have grants in there. PRESIDENT KENNY: Oh as part of the temporary budget? MS. MADGZIAK: Okay, like the Klockner Woods since that would come in. MR. MASON: The library we have to give them a full quarter payment, they’ve changed the law. Hold back on them and now we can’t do that. PRESIDENT KENNY: I apologize to everyone in the audience the problem I we just got this tonight. We’d hoped to have it on Friday, this past Friday. Paul you have your hand up? You’re just trying to stay cool, Mr. Scotto? That’s a good question, I’m jumping tonight. Actually we’re still on municipal tax levy 3d. AUGUST SCOTTO, Mark Twain Drive: I want to say something. I and many other people in this township must be very careful with every penny we spend. We’ve got that attitude to keep out of trouble and to keep off that list of those 1,500 people who had a tax lien. We don’t want to be on that thing so we never spend money without checking everything we spend on. And if we ever meet anyone that says well pay this and later on we’ll tell you how much, we’ll tell them to go fish someplace. We will not jump in to something like that and be able to stay afloat. We must not do it, if you don’t know what you’re voting on, vote no. Let them prove first, don’t you beg to them. The mentality of the people down in Atlantic City, they make no true statement when it comes to money because they’re playing games with money. You cannot listen to them, say no, no until they prove it and when they prove it then you decide yes or no. Thank you. COUNCILMAN GOODWIN: Paul, can I ask you a question, Paul? PAUL KRAMER, Hummingbird: What resolution are you on? PRESIDENT KENNY: Yeah, I’ve been jumping around. MR. KRAMER: 3b? PRESIDENT KENNY: Yes, which would be the resolution authorizing cancellation of $510,000.00) MR. KRAMER: So, again the Administration was able to go through the fiscal year 2007 budget and come up with monies that they determine were not going to be spent at the end of the year, by the end of the year. That’s basically what this is; and most of it is salaries I assume, okay.

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PRESIDENT KENNY: Yes, overwhelming majority. MR. KRAMER: That is a tax point, you know. VICE PRESIDENT PONE: Well, Paul does that get dangerous, that money in any way or is it strictly surplus. My fear with that money is… MR. KRAMER: Well, given what’s been happening and what’s being said, I don’t know if that money is available or not. There’s been instances where things can happen between now and the end of the month, but you know, if they did their due diligence you; I never did it that way. I wanted for that to lapse the following year, but you know they started that policy a while ago and it’s dangerous to go backwards. At some point you’re going to probably have to bite the bullet. You have to remember that you did this because the Administration asked you and if they come and say, which they actually did a couple weeks ago and said that we didn’t have money left from last year to pay somebody that was helping the Assessor downstairs. Those things can happen but if the Administration is comfortable then you do that. I just need something cleared up. Did Mr. Adezio say and Mr. Pattik say, and the Administration say that you will not see a budget until, I don’t know September sometime? VICE PRESIDENT PONE: Mr. Mason said we will see one in September. MR. KRAMER: And somewhere it’s written that you as a Council do not have the right to look at the expenditure side and that was my point 3a and 3b, I’m sorry 3b. That if you can do that kind of analysis you know what the expenditures are. Let me tell you something about revenues, New Jersey is on a cash budget, which means you can’t anticipate anymore then you got the previous year unless you’ve raised rates here or there and some other things that might happen, but you know all that. By Monday you can have a revenue report, the Edmunds System is a pretty good system you can have a balance sheet, you can have a revenue report and the state budget is going to be signed I the next couple of days so you know what you’re getting from the state. To have to wait until September 15th doesn’t make any sense, but okay he can do that but in between at least allow you to look at, that’s right, if the department has a wish list, the Administration go through that wish list. I’ve been through this for thirty years. You go through and say you can’t do this, you can’t do this, you can’t do that or did you think about doing this and maybe we need to do this. That doesn’t, I said it last week, it’s so easy even a caveman can do it. I thought the process started in February or March or something like that. PRESIDENT KENNY: That’s what we were told, yeah. MR. KRAMER: You can’t do your job on this budget unless you know what the department, divisions need. If you’re going to carry this over and by understanding them and they can correct me if I’m wrong you’re going to get he state budget with the line item here and then; I mean with the line items and the revenues then you’re going to have to go talk to departments to find out whether you want to do what they want to do and spend what they want to spend and that’s probably going to take you quite a while. But what’s the point. I mean why is it so difficult for the Administration to work with this Council and say look, you know this is what departments are asking for and sometimes, my recollection could be wrong but we used to actually see what they asked for and what the Administrator recommends and then you make a decision whether you want to go backward or forward or go somewhere. But for everybody to sit there and the Administration say let’s wait, wait, wait, why? I don’t understand it I really don’t understand it. I really don’t understand why it’s so difficult to put the expenditures before you and the request before you. It’s not difficult but that’s the way you want to do it. They want to put you in a position where by the time you finish the budget they spent half a year you can’t stop something that’s already been done you can only go forward. That’s just not prudent. COUNCILMAN GOODWIN: It’s the same tactics, Paul as last year. MR. KRAMER: Yeah, but I mean the taxpayers who you represent don’t deserve this. Doesn’t the Administration have any shame? Are they, do they really think they can pull the people of this town again, and wait till after the election? Frankly, the Administration had me; the Mayor has nothing to lose. If he wins the election he’s a happy guy and he said I made a mistake I’m going to have to raise taxes, okay. If he looses he leaves town goes back to Woodbridge and Mason goes back to Bordentown and we’re stuck, and not we, yeah we the taxpayers, not you, not them, we the taxpayers are stuck with the bill. That’s not fair, that’s not right it’s irresponsible. I’m begging you Mr. Mason, please do some budget workshops and let this Council do their job. The problem is you have no place to go. The DCA sits there in their ivory tower and doesn’t allow you to do what you’re supposed to do or at least come forward and say, hey, they deserve some information so they can make an intelligent determination on where this town is going. Not just next year and I think Tom led the fight and said we don’t want just a one year budget, look at a three year budget. PRESIDENT KENNY: Mr. Kramer… MR. KRAMER: And, eventually we’re going to get that .81¢ and I have to just tell you something about that when we get to that, I hope. PRESIDENT KENNY: Question for you. I got tonight a revenue account status through July 27th I guess and if I read this right, the final total it look like we had an additional $163,841.00 come in.

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MR. KRAMER: It’s possible. PRESIDENT KENNY: Our total and maybe Roberta you can help me with this, Anticipated Percent Realized, okay it’s 1.07, so seven-tenths of a percent extra I guess you add, these other numbers I don’t understand; Year to Date Revenue, $224,000,000.00. MR. KRAMER: What? PRESIDENT KENNY: It says Year to Date Revenue, $224,253,250.00. MR. KRAMER: That’s includes the schools and county and every thing else. PRESIDENT KENNY: So, if I’m reading this right Mr. Mason we have seven-tenths of a percent it would be seven percent over 1.07, seven percent in additional revenue over what we had anticipated? MR. MASON: Those are revenues that are reflected on the budget as being anticipated and that report shows you whether you realize those revenues in full or whether you realize them more then what you anticipated or whether you realize less then you anticipated and then the overall total. So, it does show that we’ve realized revenues in total more then was anticipated, which is a good thing. PRESIDENT KENNY: That’s about $163,000.00? MR. MASON: About $163,000.00, those only show that report only is a budget report that reflects revenues that are anticipated in the budget. There are many revenues on the annual financial statement that are not a part of the budget document. PRESIDENT KENNY: But this gives us a handle as to what the revenue growth is and we would know by now what our added assessments are because they had to be put on, what over fifteen I think it is. So, we know what the increase in the tax base is; so it’s pretty easy to determine what your revenue is going to be. MR. MASON: No, not so. PRESIDENT KENNY: What else do you need to know? MR. MASON: I don’t do that annual financial statement so I really can’t speak to it in detail but… PRESIDENT KENNY: Isn’t the annual financial statement a look back? MR. MASON: I can tell you that Mr. Morrison, when he was appointed Auditor, spent about a week in the Tax Office, doing calculations so it does not… MR. KRAMER: That’s the only difficult part if current taxes and that requires some things because some of the taxes are paid in advance and they can’t be realized as revenue. PRESIDENT KENNY: Oh, all right, you can tweak the number but it’s going to be pretty close. MR. KRAMER: By next week you can figure that out at some point. I mean frankly, all you have to do is look at your cash, deduct the liabilities and gives you your surplus, simple as that. I realize it. MR. MASON: You won’t have the Collector’s report until the second or third week in July. MR. KRAMER: That’s for the Auditor’s purposes but I’m telling you there’s a simply formula for determining surplus, but that’s fine the revenue can wait. But there is no excuse for this body not to have an idea of what the departments want in terms of expenditures. PRESIDENT KENNY: A lot of it’s fixed because we already have contracts as to what the salaries and wages will be so you know that today what it’s going to be next year. MR. MASON: I understand the Council would like to expedite its review of the budget but the Mayor has a legal role in this process. He’s not able to fulfill that role until he has all the revenue numbers. MR. KRAMER: The revenue has nothing to do with the expenditures. How many times have you said that same thing over and over again? There’s one side and then there’s another side. MR. MASON: Yeah and they have to be in balance. MR. KRAMER: They don’t have to be in balance until you, you know how you balance it, with the taxes. That’s how you balance it, don’t tell me that the Mayor needs the revenue figures before you can go forward on what you need to spend to make this town work, that’s bull that’s ridiculous.

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VICE PRESIDENT PONE: I’ll tell you what Mr. President I have an idea, just to try to see if we can do this, through the Clerk’s Office I would like to OPRA the internal documents that are presented by the department heads to the Mayor and Mr. Mason. We’ll see how that turns out. I’m OPRA’ing everything now. PRESIDENT KENNY: Let’s go forward with 3b if you want the resolution authorizing the cancellation of fiscal year 2007 unexpended balances in the amount of $510,882.00. VICE PRESIDENT PONE: I do have one question about that. That is, I understand where you got the number from and I understand what it means. How can it be, can it be utilized in any way shape or form without a budget in place? MR. MASON: No it’s being cancelled to surplus it’ll be reflected in the annual financial statement and it will fall to surplus. VICE PRESIDENT PONE: As surplus, okay. PRESIDENT KENNY: But actually this gives us a little bit of a yardstick this and transfers have been over budgeted in the past. Public Works Administration I’m looking at $104,000.00 through the list here, we ought to hold onto. VICE PRESIDENT PONE: Absolutely. PRESIDENT KENNY: Some of these are I guess we’ll have to be looking for cuts. Is there a motion? Mr. Goodwin moved to adopt, seconded by Mr. Pattik; unanimously approved by Council. BILL GROOM, 8 Sparrow Drive: I assume this is just for the general budget nothing to do with the sewer budget; nothing has been cancelled in that department? PRESIDENT KENNY: Correct, I don’t see anything on here in the sewer. MR. MASON: No. PRESIDENT KENNY: I’m correct then? MR. MASON: Yes, correct. PASSED: Ayes – 5. Nays – 0, Abstention – 0, Ayes: Council members: Pattik, Goodwin, Yaede, Pone and Kenny 07-262 RESOLUTION TO AMEND THE STATE FISCAL YEAR 2007 CAPITAL BUDGET OF THE TOWNSHIP OF HAMILTON

IN CONJUNCTION WITH CERTAIN CAPITAL PROJECTS ($84,500.00) COUNCILWOMAN YAEDE: Mr. Mason, improvements to roads, what roads are these? PRESIDENT KENNY: Does this still involve Andrea Lane and there was one other. They were the only two streets being improved. MR. MASON: I have it, it’s here. Yes, that’s right Andrea Lane, Mapleshade Avenue, Andrea Lane from Sherwood Avenue, you have this list? PRESIDENT KENNY: No, I just remember that, I know where the street is. MR. MASON: Mapleshade Avenue from Park Avenue to Hartman Drive. Peter Rafferty Drive, George Dye Road to Michael McCorristin Drive, Crosswicks-Hamilton Square Road; Doctor’s Creek to South Broad Street; Francis Avenue, Hamilton Avenue to Liberty Street; Cambridge Court, Arrowood Drive to the cul-de-sac. Francine Drive to Hempstead Road to Arena Drive; Adella Avenue, East State Street to Rosalia Avenue; Blackbird Drive, Sherwood Avenue to Regina Avenue; Johnston Avenue, Liberty Street to Hamilton Avenue. COUCNILMAN GOODWIN: All for $38,000.00? MR. MASON: No, no, no. That’s the, the $1.2 million of the capital budget; these are just the changes in the estimate. PRESIDENT KENNY: But I really think we were just getting a couple streets done, Andrea Lane and maybe, I forget there was one other because… MR. MASON: In the capital budget the Council adopted it had $1.2 million for road and drainage improvements so that’s…

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PRESIDENT KENNY: But all I think we did was appropriate money for Andrea Lane and there was one other. COUNCILWOMAN YAEDE: Mr. Mason, at a prior Council meeting… MR. MASON: That was the ordinance for Deutz Avenue and Andrea Lane and that was just for those two. So now Andrea Lane is repeated on here so presumably the bids come in as funds would be available on that ordinance… PRESIDENT KENNY: For a couple other streets maybe. They seem to run about a half-million dollars every time you do a street. MR. MASON: Right. COUNCILMAN GOODWIN: What’s going on, on George Dye and Michael McCorristin? Didn’t Aqua Water come in there and put water lines in there? MR. MASON: It’s Peter Rafferty Drive, George Dye Road to Michael McCorristin Drive and they’re going to, it says here, I see the note but I don’t understand it maybe somebody can explain it to me. Complete Acqua Water project. COUNCILMAN GOODWIN: Why are we paying that and why isn’t Acqua Water paying for it? MR MASON: I can’t answer that, I’m sure that’s not what that note means, maybe it means they did a line project there and now the road needs paving. COUNCILMAN GOODWIN: That should be Acqua Water’s dollar not ours. MR. MASON: Well, we’re not, we’re only amending the capital budget making funds available, obviously it’s all going to be put out to bid and I will check with Mr. Jacobs on that question and if that’s correct or something Needs correction I’m sure they’ll be an adjustment in the list. COUNCILWOMAN YAEDE: Mr. President, also the improvement to these roads, is there a plan in address certain roads throughout the township? A five year plan? COUNCILMAN GOODWIN: I have that. There is a list of roads. However is it being followed, that I can’t tell you? COUNCILWOMAN YAEDE: Also in conjunction to that, also the Berger Group gave a top ten list or top priority list to Mr. Jacobs on roads that need to be addressed immediately and I’ve asked for that at the last three Council meetings and I haven’t received that at his presentation. It was told that was handed well in advance of the traffic study and we’ve asked for that as well and through the Clerk’s Office I’d like to OPRA that as well. Mr. President, I guess I move resolution 3c. VICE PRESIDENT PONE: Second. PRESIDENT KENNY: It’s been moved and seconded, any other questions or comments? Mr. Kramer. PAUL KRAMER, Hummingbird Drive: I’m going to take this opportunity to apologize to Mr. Mason; he was right last week that the DCA or Local Government Services changed their policies that you should amend by resolution in the capital. I wasn’t aware of that and I apologize. He was also right about the policy change on, I hadn’t had the opportunity on the PARIS Grant, even though their website had one thing, and they changed the policy in terms of hiring somebody. So, I apologize; see how easy it is to admit a mistake. Well I was wrong; two out of three hundred ain’t bad. PRESIDENT KENNY: Questions or comments? Roll call. PASSED: Ayes - 5. Nays – 0. Abstention – 0. Ayes: Council members: Pattik, Goodwin, Yaede, Pone and Kenny 07-263 RESOLUTION APPROVING PRELIMINARY MUNICIPAL TAX LEVY FOR THE CALENDAR YEAR 2007 (3RD AND 4TH

INSTALLMENT RATE - .81¢) COUNCIL WOMAN YAEDE: Prior to seconding that I just want to be perfectly clear on this that we will see a budget at this rate and I’ll second. BILL GROOM, 8 Sparrow Drive: What is the present tax rate, is it .81¢? VICE PRESIDENT PONE: Yes.

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MR. GROOM: I’m a little bit perplexed after seeing all the problems we had with last years budget, I thought we depleted the surplus? PRESIDENT KENNY: Yes it was all used in the budget and it looks like we’re going to roll $500,000.00 in the surplus, will there be any other surplus? MR. MASON: There will be yeah. The annual financial statement to tell you what that number will be. PRESIDENT KENNY: That will be the result of added assessments and… MR. GROOM: we’ve had wage increases roughly I guess three to four percent this year or coming up this year? PRESIDENT KENNY: I think it’s five. VICE PRESIDENT PONE: Five percent. PRESIDENT KENNY: Contracts… MR. ADEZIO: Four. PRESIDENT KENNY: Four in the current. MR. GROOM: Four percent and the utility and the gas will go up, so we’re going to have some type I would suspect, some type of tax increase. I don’t think it’s fair to the residents to, the weigh a tax increase beyond the election and I foresee that’s what’s going to happen. To me it appears like it’s a last ditch effort by the Mayor to re-elected. He’s done so many things wrong I guess the public will hold it against him I’m sure they will. He’s trying to make it look good with a no tax increase but realistically is it fair to us? We’re trying to make our budgets rather then pay a little bit each month for twelve months or the end of six months have to pay a lot. For those living on a fixed income I think it’s wrong and I think the Administration is merely playing games. I don’t have any certification in dealing with budgets but I do have a whole lot of common sense. I think I can get you a budget looking forward within some time of accuracy. You know, but it’s ludicrous to think that we’re not going to have a tax increase, we are. We know what the expenses are or what they will be, we can estimate them pretty good, especially if you tell the departments to keep everything the same, no increase in manpower, overtime keep everything the same. When it comes to expenses, there are a couple things you might have to wait a little bit. The surplus you won’t know till the financial statement; but you know what you could get a pretty good idea. Mr. Kramer has and will attest to that, you can get an idea, possibly state aid. Well they always say, use that phrase, hold harmless, well yeah you can estimate your budget and being hold us harmless and get the same as you did last year. You can estimate throughout your budget what the revenues will be, 100% accuracy, no! And you know what you’re going to come pretty darn close; and you know what it’s the common sense that’s the right thing to do but to delay this and try to pull the wool over the eyes of we the taxpayer I think it’s wrong. I think we’re tired of the political games and I think that’s all it is. I really don’t think the Mayor has any idea on how to put a budget together from his experience in the past. We remember what happened in 2003 and I don’t want to see it happen again because I don’t want to see a large increase in my tax bill for six months like happened last time just for the sake of winning an election. I hope the voters see beyond that; have the common sense and common decency to do the right thing, why can’t the Administration do it I have no idea. Even when it comes to revenue there was a hotel tax that I read about in the paper, well that’s additional revenue, you can estimate what that would be, 100% accurate, again, no but you can come pretty darn close to what it will be and I think the Administration is playing games. I wish there was some way that you could get the budget process going and if you can’t find a way I strongly encourage you to call or contact our members of our legislature and try to get them to enact legislation to event things like this happening because maybe you can’t prevent it today but in years to come you can help out the people of the town, throughout the state and do the right thing and try to put politics aside because that’s all this is about. Mr. Goodwin, if you’re in the State Legislature you’re lucky enough to get there I hope you will take that on and try to change the laws and make sure mayors like Mr. Gilmore will do the right thing because putting this on the taxpayers it’s absolutely wrong. He has played politics with us, the residents, for a long time, since day one. I think it’s wrong, I cited that example with the cable, Cablevision, he blew over $150,000.00 and I can prove it. But that’s what we have to deal with, but this tax rate keeping it the same, sure maybe people don’t want to hear it but it’s absolutely wrong it’s just a dream it’s not going to happen. PRESIDENT KENNY: Thank you Bill. SUE FERRARA, Florister Drive: I was going to hold this to the end but I think you need to hear it now. I really think the time has come for one of two actions. Either the Mayor resigns due to his total incompetence or the Council enacts a moratorium on all town operations. No, spending, no more construction deals, no more azaleas, no more overgrown bike racks or town sponsored entertainment until there is a budget in place on paper and available for public review. I’m appalled by the level of malfeasance in this Administration. Mayor Gilmore gets paid, I understand $93,000.00 yet can’t seem to act without the advice and consent of a confidential aide; an aide who apparently has become a parasite in the Greenwood Avenue complex. An aide who has not job or salary yet provided a statement to the press last week about an accident which occurred during a town sponsored skateboard celebration. Mayor Gilmore runs Hamilton on what I call the ‘p-3 (cubed)

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system; photo-ops, projects and piracy. The Mayor apparently has never met a camera he didn’t like or a project that he won’t promote and he has not problem plundering taxpayer dollars. Thanks to Mayor Gilmore’s sell out of the township our police officers, fire fighters and EMT’s struggle to keep up with all the demands made on their services. Our school buildings need renovations, the Library has been forced to give into its endowment to cover the cost of heating ventilation and air conditioning, when in fact at one time there was money in the township’s budget for this long overdue project. But, somehow the Mayor has found money for a gazebo at Veterans Park, too many plantings around that gazebo and hundreds of thousands of dollars for other landscaping ventures. I heard the Veterans Park mentioned last week, the coach is correct, they need repair. The township needs to take care of what is already in place instead of venturing into areas like skating rinks, paddle boats and other frivolities that taxpayers can’t afford. People are struggling to put food on their tables in this township and to cloth their children and the Mayor is lavishly spending our tax dollars. I encourage you to do the right thing; I thank you for the consistent attention to these matters and your ability to try to reign in the annex of this Mayor and his Administration. You really need to force the issue and I feel badly because even if you do, as Mr. Groom says tonight and make it fair to the taxpayers and raise the taxes it’s going to fall on your heads. So, the Mayor has put you in no win position and the Mayor is not doing his job, all he’s doing is putting signs all over this town and putting his face in the newspaper and it’s appalling. Thank you. VICE PRESIDENT PONE: Mr. President, maybe Mr. Adezio, Mr. Mason can answer, what options as a Council do we have with this, I mean at this point, although I agree with everything that’s been said and I made a statement on how I think it’s this type of analysis is ultimately unfair to the taxpayers. I don’t know as Ms. Ferrara said, I don’t know, we’re sort of put in a position where we didn’t do the analysis, the Administration did and although the preliminary report from the Auditor has indicated that it’s probably inaccurate, what options do we have. COUNCILMAN GOODWIN: Let me ask a question then, can we approve just the third installment and if we’re going to be getting a budget process in September, then in September if they cooperate with us then in September we can approve the fourth installment. There’s no, I mean how can we believe in these numbers and these calculations and we’re getting everything tonight, which is not fair to us and they’re asking us to cooperate with them when they won’t cooperate with us. Yeah, just do it for. MR. MASON: (INDISCERNIBLE) that’s not an option under the law you have to certify to the Director of Local Government Services the preliminary municipal tax levy for the third and fourth quarter under the law. (INDISCERNIBLE) PRESIDENT KENNY: Paul, could you grab that statute I’d like to see that because I don’t if we can split it or not; just because we have to do it for the third and fourth we can do the third now and the fourth later. I don’t know if there’s any prohibition on that. 40A:4-12.1. COUNCILMAN GOODWIN: Then pick the other one up in October, September. PRESIDENT KENNY: What’s troubling is we have roughly an $80,000,000.00 budget; you figure a five percent increase on that just for salaries and wages and things; that’s a $4,000,000.00 increase, so that’s what an .8¢ tax increase. MR. MASON: Eighty million, salary and wage… PRESIDENT KENNY: Okay, so $2 million increase in salaries and wages. COUNCILMAN GOODWIN: Then this budget we’re going to get hit by that four percent cap, correct, Mr. Mason? MR. MASON: There’s a four percent cap on municipal taxes. COUNCILMAN GOODWIN: Then it’s going to allow last year’s one time revenues back in the budget this year, yes, no? MR. MASON: (INDISCERNIBLE) about the new budget cap law advertising the regulations…. COUNCILMAN GOODWIN: But on the one shot revenues, Paul you aware of that? On one shot revenues that were used last year, they’re allowable again this year as a one time they’ll give you a break. MR. KRAMER: There’s a four percent cap on the tax rate, but there are exceptions that can be added back and there’s all kinds of … COUNCILMAN GOODWIN: But you have to ask the Local Finance Board for them? MR. KRAMER: I haven’t read the law to be honest with you but I think you need some approval, yes. In fact you have to have a budget by a certain date in order for you to go to the Local Finance Board for that approval of any changes. You guys are put in a bad position, I mean you know, the tax rate is called the preliminary tax rate it has nothing to do with calendar years. You’re supposed to use your best judgment to try to not create a

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spike in the subsequent year. This Administration has decided that they want to come in with this rate and play around till after the election and there’s not, if you decide you want to raise it to .85¢ or 4%, you know what’s going to happen, there’s nothing governmental here it’s all political. There is no way that, that tax rate is going to remain the same. Local Finance does not certify the preliminary rate, that’s the best judgment of the Administration or the Council. Certification is of the Local Finance Board certifies the rate after you present your budget, that’s the certified rate. This is what it is, a preliminary rate, estimated rate… VICE PRESIDENT PONE: And that was my question… MR. KRAMER: You can use good judgment or poor judgment. Your options are to pass this or your options are to make it .84¢ and take the heat from the Administration ‘cause you raised taxes, you know. COUNCILMAN GOODWIN: But, Paul, Public Works employees will be coming out with press releases. MR. KRAMER: What, oh yeah…No, no, vehicle maintenance people are putting out press releases. VICE PRESIDENT PONE: We don’t know exactly where they work. MR. KRAMER: That’s why you see the oil on the press releases; they’re down there in that garage underneath the cars writing press releases. Anyway you know what the problems are, in the perfect world with a group that you could work with, you know you could raise the rate and take the heat for it. You’d probably get a four to one vote, maybe, I’m sure Dennis won’t vote for it. So, you know he’s got you over a political barrel. VICE PRESIDENT PONE: The only possible way to make up the roughly $2 million in mandated salary and benefit increases; the only way would be if we had increased revenues that we don’t know about. Otherwise we’re going to see a $2 million in the budget right off the bat, which is about .4¢. MR. KRAMER: You don’t have the benefit of those figures; the Administration has the benefit of some figures. They can come up, if they can come up with .4¢ on the end of the $271,398.00; they can come up with the $510,000.00; they can come up with all this other stuff they can tell you pretty much what the tax rate might be next year. If you stop at 4% then you might have to add .3¢ to that figure, that’s 4%, what is it 3.24 or something 4%? VICE PRESIDENT PONE: Four percent of the salaries you said was around $40 million. MR. KRAMER: No I’m talking about 4% of last years certified rate which is .81¢. Frankly the DCA hasn’t come up with rules and regulations on this because the town never has a rate, estimated rate or preliminary rate now then it’s a percentage the following year and they’re sitting down right now writing the regs. So you’re stuck with all of this. PRESIDENT KENNY: Looking at the statute it’s interesting. On or before May 13 of each year the governing body of each municipality operating under a state fiscal year shall certify, so we’re already way late on this, by resolution to the Director a preliminary municipal tax levy to be utilized. The amount of the preliminary municipal tax levy shall be calculated in such a manner as to level insofar as possible, the municipal portion of third and fourth installments and the subsequent first and second installments of the fiscal year. VICE PRESIDENT PONE: Mr. Mason, has that been done? MR. KRAMER: No? MR. MASON: Certification attached to the resolution signed by myself, Tax Collector and Municipal Clerk; so this resolution or this calculation has been properly made and certified by the property officials. PRESIDENT KENNY: But has the effort been made to level it insofar as possible for the first and second quarters of next year? MR. MASON: Again, I would say that you would need a crystal ball to do that. PRESIDENT KENNY: Okay, well another part of the crystal ball says here that 40A:4-5, in the case a municipality, which operates on a state fiscal year not later then August 10th the governing body, shall introduce and approve the annual budget. So we go to August 10th. So it seems to me that maybe we should do the on quarter ‘cause we should see a budget by August 10th under the state law. I know what you’re going to say, you’re going to say you can’t do this but you want to hold us to certain provisions and the Administration says we can ignore public bidding; we can ignore the budget when it doesn’t go in our favor. MR. KRAMER: I don’t remember the circumstances but you can do a one quarter tax bill, of course it costs you money to do it. PRESIDENT KENNY: Yeah and you have to do a second mailing.

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MR. KRAMER: Yeah, you have to do a second mailing but I believe Ewing Township did it while they were waiting for, what they call the, distressed cities money. PRESIDENT KENNY: I’ll take the Administration at its word and assume that we are going to receive a no tax increase budget by August 10th under the statute. VICE PRESIDENT PONE: Mr. Mason has said on the record that they did, per state statute; they did the calculations to their best work they are going to level the tax rate for the four quarters in question. At this point Mr. Mason has said that, he has guaranteed us a budget in September, we now know that state statute should be August 10th, I don’t know what choice we have at this point but if it’s not level you know in the last two quarters of the fiscal year; if Mr. Mason is still here then we need to hold him to that. MR. KRAMER: Find something amusing is what you’re saying. VICE PRESIDENT PONE: I don’t find any of this amusing personally. PRESIDENT KENNY: Certainly we’re not in a position, if the Administration is not in a position, we’re certainly not in a position to determine where the budget is headed, and we’re not even privy to any budget worksheets. MR. KRAMER: You can’t make an educated decision and he wants to certify that this is the figure then, you’re over a barrel, politically. PRESIDENT KENNY: I think unfortunately we know its coming but this is what we have to work with, so. Since we’re over a month behind in doing this. VICE PRESIDENT PONE: I’ve moved… PRESIDENT KENNY: It’s been moved and seconded, correct? All right it’s been moved and seconded, any further questions or comments? Roll call, please. COUNCILMAN GOODWIN: I vote yes, but I hope the taxpayer is not hurt or deceived again like they were in 2003 and this is not bogus, I vote yes. PRESIDENT KENNY: As I’ve said in earlier comments, I think unfortunately there is a tax increase coming but based on this and the representation by the Administration under the law that’s done the analysis to try to level the tax rate we do expect a budget with no tax increase, so I vote yes. PASSED: Ayes – 5. Nays – 0. Abstention – 0. Ayes: Councilmembers: Yaede, Kenny, Pone and Goodwin 07-264 RESOLUTION AUTHORIZING TEMPORARY BUDGET APPROPRIATIONS FOR THE GENERAL OBLIGATIONS FOR

THE FISCAL YEAR 2008 MUNICIPAL BUDGET ($15,534,439.56) COUNCILMAN GOODWIN: 3e is for three months? PRESIDENT KENNY: No, it’s one month. MR. MASON: Now, I did give you a memo regarding this one month temporary budget. You do have to know that you only get to adopt the temporary budget once. Every vote you take after this to amend this temporary budget will be a temporary emergency. Temporary emergency, the amounts included in the temporary emergency resolution must be included in the budget as adopted. Now, you have an option when you adopt a temporary budget for a three month period and if you don’t amend it thereafter to include amounts of a lesser amount then were included in the temporary budget in the budget as adopted. So you have that flexibility, but once it becomes an emergency resolution you lose that flexibility, that’s all. PRESIDENT KENNY: It’s got to be in the fiscal 2008 budget… MR. MASON: That’s correct. PRESIDENT KENNY: …as a special emergency… MR. MASON: No, not… PRESIDENT KENNY: …just as anything in here has to be part of the 2008 budget. MR. MASON: Actually no, that’s say circumstances develop that are unknown to us this evening wherein it gives us the ability to adjust, let’s say this were the three month figure; that something happened and we were able to reduce this amount below the amount included in this resolution for the three month period. The Council and the Mayor would have that ability, but once you go into the temporary emergency amendments that are

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temporary emergencies after you’ve adopted this one month temporary budget we lose that flexibility under the law because the law says all appropriations included in the temporary emergency must be included in the budget as adopted. PRESIDENT KENNY: John, I’m not sure on that because I just looked at the statute, it says we have to adopt it within the first thirty days of the fiscal year. We don’t have to do it tonight so… MR. MASON: Somebody better explain to me how on July 1st we spend money. PRESIDENT KENNY: Well that’s what the statute says… MR. MASON: First the legal authorization for that… PRESIDENT KENNY: I understand that, but it seems to me that if we adopt something for thirty days tonight we still have a second bite of the apple within the first thirty days of the fiscal year as part of the temporary budget. MR. MASON: You only get one vote on the temporary budget, after that, every… PRESIDENT KENNY: I don’t see that in the statute. MR. MASON: That’s what it says. PRESIDENT KENNY: It doesn’t say that, you want me to read the statute again? It doesn’t say that at all. MR.MASON: I gave you a memo, there are two statute sections on it and that’s what it says. PRESIDENT KENNY: Can you quote the statute, adopted within the first thirty days of the beginning of the fiscal year, make appropriations to provide for the period between the beginning of the fiscal year and the adoption of the budget. But we’re supposed to have the budget by August 10th, so that’s the first thing. So, and it sounds like we got the payroll into August here in what you’ve presented to us. MR. MASON: What I’m saying is you adopt a temporary budget, one time, after that every vote on the temporary budget, every vote to amend the temporary budget is, under the law, a temporary emergency appropriation. Temporary emergency appropriations must be included in the budget as adopted; meaning the FY08 budget. So, you lose some flexibility… PRESIDENT KENNY: Well here’s the problem John. You give us this memo tonight, as I said, I don’t trust things that I’m told by this Administration. I don’t know, I do disagree with you and here we are with this, you know, I asked for the work up; how we get to the temporary budget, what the salaries are and only one question comes to mind; do we have a Confidential Aide and a number for the Office of the Mayor to the extent of $42,000.00 or whatever the salary ordinance was, I’d like to know because if it’s in there I want to cut it out. But I don’t know that as I sit here tonight, I’m looking at other expenses for maintenance of parks, $70,000.00. You’re telling me we spent $840,000.00 on other expenses for maintenance of parks? You know, I’m concerned, when I found out we spent $400,000.00 on landscaping; I want to know where that is in the temporary budget ‘cause I don’t want to spend three months worth of that. COUNCILWOMAN YAEDE: Also, do we have the other two employees in Public Works salaries and wages? Is it Public Works or is it the Division of Buildings and Grounds? PRESIDENT KENNY: Or is it vehicle maintenance, salaries and wages; we don’t know where it is. MR. MASON: We have prepared a temporary budget in a three month, of three month duration and one month duration. You have the one in front of you for one month duration. I’m just cautioning you what the reading of the law is and want you to be fully aware of what the ramifications of your actions are. I’ve met my obligations. COUNCILMAN GOODWIN: Didn’t we approve more then one temporary budget last year? COUNCILWOMAN YAEDE: Yeah we did. PRESIDENT KENNY: Yeah after the third month you’re…. COUNCILMAN GOODWIN: So we did it last year? PRESIDENT KENNY: It has to be done, that didn’t become amendments to the temporary budget did they? We had to do it for seven months last year, approve temporary budgets. MR. MASON: Every time you go through an amend to the temporary budget it’s a temporary emergency appropriation.

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PRESIDENT KENNY: So when we went well beyond the three months because we didn’t get the budget we were in the same position you say we’re going to be in, in August. MR. MASON: That wasn’t a difficulty because the budget went from as introduced it went from $79.9 million to $81.1 million, so it went up and it didn’t present a difficulty. PRESIDENT KENNY: The first budget went down because of the $5.7 million in phony revenue. MR. MASON: No, no, I’m talking about the total. PRESIDENT KENNY: Well the total did go down because you had to cut so much money out because the revenue was phony though. MR. MASON: Not as introduced. VICE PRESIDENT PONE: First of all, Mr. President… PRESIDENT KENNY: Yeah, because we refused to introduce it. VICE PRESIDENT PONE: Because we don’t have answers to these questions and because of the runaway spending that’s been proven by this Administration without proper legal avenues, I still think we have to do it month to month. It sounds like Roberta, there’s an extra payroll in there, so we’re not jeopardizing payroll, which is always my question when we do these things. It sounds like payroll is; we’re well covered for payroll. So, I think we have to do month by month because we don’t have answers, we don’t know where these employees are, we don’t know if there’s a confidential aide salary in there. We don’t know what’s being paid out of Public Works and where. There’s not enough information so I still am in favor of one month at a time. I don’t think it presents… COUNCILMAN GOODWIN: Is the Confidential Aide salary in here? MR. MASON: Roberta said this is 1/12 of the FY07, there were funds in that budget; so there’s half… COUNCILMAN GOODWIN: So it’s in there. MR MASON:…a year’s salary in the FY07 budget so you’ve got 1/12 of a ½ year for the Confidential Aide. COUNCILMAN GOODWIN: So, let’s cut this budget, monthly budget and then prove the monthly… VICE PRESIDENT PONE: Let’s also do 1/12 of the two salaries in Public Works, cut and then I would be willing to adopt it as a one month with those… MR. MASON: And as I explained you cannot do that legally. PRESIDENT KENNY: Yes we can. MR. MASON: You can do what you just said pertaining to the Confidential Aide because that’s not a civil service or union position but the other two are and you cannot do that. VICE PRESIDENT PONE: If everything illegal was questioned, you’d all be in jail by now. So, I might want to take that risk, they don’t seem to do anything about illegal activity. PRESIDENT KENNY: I worked up that we cut $4,800.00 out of the salary and wages for the Office of the Mayor because I’m figuring $800.00 a week times 52 gives me $41,600.00, six weeks times $800.00 is $4,800.00. We said there’s about six weeks of salary in these, Roberta, there are six weeks of salary? You waited for an extra payroll? COUNCILWOMAN YAEDE: Now why would you do that in the Department of Public Works, we don’t know where it’s being paid from. Roberta, can you get that information to us? It should be easy, not tonight, tomorrow. Thank you. PRESIDENT KENNY: I mean they make us play in the dark here. VICE PRESIDENT PONE: Frankly, Mr. President I take offense to the illegal thing that John brought up because we asked him to do this a year ago and he didn’t do it so it’s really on him that these positions are still lingering around. PRESIDENT KENNY: Maintenance of Parks, Other Expenses its $70,000.00, so that’s $840,000.00 a year not does that include vehicles and gasoline and other things or is that, I’m trying to get a handle on the landscaping because we spend way too much money on shrubbery and trees and which all adds a maintenance cost and when

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I find out the $400,000.00 and no bid landscaping was shot down, $60,000.00 a couple weeks ago; I don’t want all this money getting spent because we’re going to be getting stuck where we can’t deal with the budget. VICE PRESIDENT PONE: If it comes to us legally it’s bid properly and it’s taken care of properly then we can review it as it comes up but we already know that from history that’s not going to, probably not likely to happen. PRESIDENT KENNY: You know Public Works Administration transferred $93,800.00 out of there tonight; it’s not going to snow in the next month. So, even if that’s for snow overtime that’s an easy ten grand to cut per month. MR. MASON: You still have overtime costs even though it’s not going to snow in the next month. PRESIDENT KENNY: Yeah but if we’re taking all that out you obviously spent the July overtime last year I would assume; but the overtime in the summer time I assuming are special events, Fourth of July which would be the only one we have in July. What other types of overtime for? MR. MASON: Obviously, summer, we have employees that have worked here a long time; they have a lot of vacation time. So, that generates overtime to get the usual workload accomplished. PRESIDENT KENNY: See here’s our problem. We asked for every person that would be going into the temporary budget; to give us a snapshot of who’s working here and how much they’re making so we can project those out, which would take you a long way to getting you your final budget numbers, too knowing what the increases are. We’d also asked for a salary ordinance which we still haven’t seen because we know we have to give some increases to some people by law. Well it’s my understanding that at least one person, who’s really not in Public Works is being paid out of vehicle maintenance. VICE PRESIDENT PONE: Do we know how much? Around fifty, somewhere in that ballpark? So, 1/12 of fifty. PRESIDENT KENNY: $4,800.00 somewhere in that area. VICE PRESIDENT PONE: They willy-nilly, find money for those things when they had to, they’ll have to scramble without it or John will have to do what we asked him to do a year ago. PRESIDENT KENNY: I mean it’s the only way we’re going to get any attention from the Administration to do something and John frankly that’s what I told you; we’re going to do one month at a time because if we led along and you wind up rolling into September, October and we haven’t seen a budget we’re really going to have to slash some things because we’re not going to get caught up where we’re adopting a budget seven months into the year. VICE PRESIDENT PONE: We know ultimately because Mr. Mason told us tonight the preliminary rate is .81¢ we know we got to cut $2. million dollars somewhere in this budget because in order to keep the tax rate the same as last year we know we got $2. million dollars that we got to get out of the budget unless we’re having some windfall that we don’t know about. PRESIDENT KENNY: Since the statute clearly says August 10th for fiscal year, will we see a budget by August 10th? MR. MASON: As I’ve already said, numerous times, the annual financial statement does not need to be completed till August 10th, even with Mr. Morrison’s assistance this past year it was not completed until August. PRESIDENT KENNY: Just because it doesn’t need to be completed by August 10th; the budget has to be completed by August 10th so why can’t you do the financial statement by August 1st. I mean just because that’s the outside date, the drop dead date for the budget under the statute is August 10th. MR. MASON: There are, certainly information not available to us on the tax side, as I mentioned Mr. Morrison had spent considerable time in the Tax Office doing calculations with taxes; which is part of the annual financial statement. I presume that will need to occur again and that takes time and even with his assistance. PRESIDENT KENNY: Can we call Bob Morrison and see when the annual financial statement can be ready, give him a call. Why don’t we take a five minute break, give him a call. (5-minute break) All right we’re back in session now. Mr. Mason I have a couple other questions; in looking at the temporary budget that’s been proposed for the one month as opposed to the last year’s three month, I’m looking at a couple line items on overhead expenses and if I look at, let’s see Department of Engineering, Planning and Inspections for three months last year we had, $18,000.00 and for the one month period you’re proposing $10,000.00. If I look at Public Works, Other Expenses under Division of Public Works; you’re proposing $80,000.00 for the one month and last year for three months was $97,000.00. Solid Waste and Collection, I’ll live with that it was $944 for three months it’s $400 now. Vehicle Maintenance you’re proposing $100,000.00 in last years it was $169,000.00 for three months.

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MR. MASON: Let me, one other time… PRESIDENT KENNY: Okay. MR. MASON: On the first two, this is a busy season. PRESIDENT KENNY: Engineering, Planning and Inspections? MR. MASON: Yes. PRESIDENT KENNY: But how did we get by with $18,000.00 for three months and they’re going to need $30,000.00 now? MR. MASON: I said that’s an estimate as the current need, that’s our estimate. The vehicle maintenance is always an account that’s in need of money. We have an aged municipal fleet and simply take $112,000.00; he’ll go through that in two weeks. So, that… PRESIDENT KENNY: Well I wasn’t going to do $112,000.00 but we’ve gone from less then $60,000.00 a month to $100,000.00. All right, how about maintenance of parks it’s $49,000.00 for three months or like $16,000.00 a month now it’s $70,000.00 for the month. MR. MASON: This is the time where the bulk of the maintenance in the parks occurs. PRESIDENT KENNY: Yeah, well same with last year’s temporary, we’re talking about the same timeframe, that’s what I don’t understand. MR. MASON: This is our estimate. PRESIDENT KENNY: Vehicle maintenance I can understand a little bit because we know we have a fleet that’s in horrible shape. The Department of Public Works Other Expenses to go from $96,000.00 for three months or $35,000.00 a month to $80,000.00 I would think you could live with $50,000.00 pretty easily, would you? Cut it to $50,000.00. COUNCILMAN PATTIK: Mr. President, just to make a comment, we’re sitting here looking at, trying to find areas to cut this, I mean we’re, this is a monthly dollar amount, this $15. million. Mr. Mason you’re telling us is you’re going to need to get through until … MR. MASON: For salary and wages and the operating expenses it’s a monthly amount. COUNCILMAN PATTIK: For one month? MR. MASON: Debt service. For one month, debt service is included in full… VICE PRESIDENT PONE: I though that salary was six weeks? PRESIDENT KENNY: Salary is six weeks. I have no problem with the debt service being done. MR. MASON: There is a half year payment for self-insurance, well that’s obviously more then $112,000.00… COUNCILMAN PATTIK: So, there’s some expenses on there that obviously are longer then a one month period; but I mean, in a nut shell… MR. MASON: Vacation, busy time of the year where a lot of recreation activities are taking place. We try to estimate a reasonable manner as to, based on the current activity what it would take to carry the various offices for a month. Some of them were $112; some required more. Some of the line items are noted up to 50% because of the half year payment for the JIF Insurance and so forth. Debt service is included and full, you have to pay that, you have no choice. PRESIDENT KENNY: But what would go into the Division of Public Works, Other Expenses that would drive it up to a three month period, $240,000.00 when last year the temporary was $96,000.00? So, it’s almost more then doubled, almost two and a half times. That’s what I can’t figure out and… MR. MASON: I don’t see that, I think… PRESIDENT KENNY: If you look at Division, Department of Public Works the first part if Division of Public Works, Salary and Wages, okay I don’t have a problem with that; Other Expenses, $80,000.00. I look at last year’s resolution which was for three months and Other Expenses was $96,826.00. MR. MASON: My resolution says Other Expenses - $10,000.00; I’m sorry I’m looking at the wrong one.

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VICE PRESIDENT PONE: Dave I have the same one you do, right, $96,826.00. MR. MASON: Okay, $80,000.00 I see it now. PRESIDENT KENNY: It just seems awfully high to me. I mean if we did it at $50,000.00 that’s $150,000.00 for three months as opposed to $96,000.00 a 50% increase which isn’t acceptable. Maintenance of Parks at the bottom of the page was $70,000.00 that was $49,000.00 for three months last year or $16,000.00 a month at now going at $70,000.00. That doesn’t make any sense either. MR. MASON: Look at all these lines, this is what we believe it will take to carry the various offices. So you can change it, if it’s not sufficient we’ll be back. COUNCILMAN GOODWIN: Well if there’s no tax increase then take last years, 1/12 of last years… PRESIDENT KENNY: That’ll be 1/3 of what we looked that temporary before $17,000.00. COUNCIOLMAN GOODWIN: Then cut, but we don’t know where we’re cutting yet. VICE PRESIDENT PONE: That’s the problem, how do we line item? PRESIDENT KENNY: Yeah, we’d line item sure. VICE PRESIDENT PONE: Then I think we also have to consider the, not only the 1/12 of last year’s would make sense. COUNCILMAN GOODWIN: Yeah of last year, no tax increase okay. Take 1/12 then cut from there. PRESIDENT KENNY: So, maintenance of parks and other expenses would go from $70,000.00 to $17,000.00; because last year it was $16,300.00 all rounded up to $17,000.00. COUNCILMAN GOODWIN: Yeah because these numbers are so off from last year. COUNCILWOMAN YAEDE: Mr. Mason, so you’re saying in last year’s budget under the Department of Health, Recreation and Senior Services, Salary and Wages $102,000.00; Other Expenses $99,000.00, $100,000.00 let’s say and this year you’re telling me under Division of Recreation it’s $40,000.00 is that what you’re saying? VICE PRESIDENT PONE: Here’s the thing the salaries are going to go up 4%... PRESIDENT KENNY: I’m not going to touch the salary numbers in here, other then what we talked about, the $4,800.00. VICE PRESIDENT PONE: Right so then it’s not going to be a clean 1/3 of last year’s resolution. It’s going to be… PRESIDENT KENNY: I would propose that we take some of the really blatant increases in OE and run them back to last year’s level, you know round it up a little bit. VICE PRESIDENT PONE: Are the salaries, Mr. Mason, figured in here with that 4% increase where it applies? MR. MASON: I’m not permitted to do that we’re only permitted to take… PRESIDENT KENNY: Roberta just nodded her head that we are. MR. MASON: We’re only permitted to take up to 26.25% of the prior year’s budget. Roberta did calculate the 4% in addition to that and we dropped some line items out to make it all fit in the three month projection. Obviously the one month projection is far under the limit. COUNCILWOMAN YAEDE: Roberta I see you’re shaking or nodding your head. ROBERTA MADGZIAK: (INDISCERNIBLE) Speaking from seat. VICE PRESIDENT PONE: Microphone. MS. MADGZIAK: One of the pages I said I wanted to allocate one more pay I did put 4% because it was the pay of last year that I was estimating on. VICE PRESIDENT PONE: Right, I agree with that so I want to make sure that, that’s there and then, we can take additional cuts in the other line items instead.

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PRESIDENT KENNY: Okay is there anything that jumps out at anybody, big increases? I’m just looking at when the OE is greater now for one month then it was for three months. COUNCILMAN PATTIK: Just a quick question in terms of procedure. If we’re doing this on a monthly basis, I guess the next time we would have to entertain another month either at our second meeting in July or if we have another special meeting at the end of July. PRESIDENT KENNY: We’ll probably have a special meeting July because I think we have two Tuesdays at the end of July. COUNCILMAN PATTIK: Why don’t I make a recommendation ‘cause I mean we’re just sitting here looking at things and throwing out cuts and nobody knows where, what we’re actually cutting, maybe make the recommendation that we get a follow-up in terms of what expenditures have been made and if there’s a meeting held, possibly the end of July to entertain another month that we see what expenses were made and kind of compare what if that’s the truth and that’s what Mr. Mason is saying that there are certain things that get more costly at the beginning of the fiscal year then later on in the fiscal year is that something we can possibly entertain instead of sitting here; because you guys are going through some of this stuff and nobody knows exactly what they’re cutting and it’s just kind of comparing to previous year and it’s our ability to review this and see what costs are really true and we don’t know what we’re kind of speculating what costs are true here if we’re doing it on a monthly basis. At least we can see, maybe not up to the last day of the month but possibly closer to the time we need to actually make a decision on the next month temporary budget. (indiscernible) easier numbers and sit here and compare, speculate what… PRESIDENT KENNY: Well I’m prepared to offer some cuts tonight so, and if you want I’ll go through my list. VICE PRESIDENT PONE: Go ahead, why don’t you do that Dave. PRESIDENT KENNY: Okay, Office of the Mayor, Salaries and Wages we cut out $4,800.00 because we know the Confidential Aide position is vacant. The next page, Division of Engineering, Other Expenses, but $3,000.00 and leave it at $7,000.00. Department of Public Works, Other Expenses reduce it from $80,000.00 to $33,000.00 which is in line with the, a little more then the $96,000.00 or $97,000.00 that was appropriated last year in the temporary budget. I hate to cut vehicle maintenance salary and wages without the appropriate information, although I think that that’s probably something that can be cut. Maintenance of Parks, Other Expenses, cut it from $70,000.00 to $17,000.00 which is in line with last year’s temporary budget. That’s what I would have. VICE PRESIDENT PONE: I guess the information on the salaries; Mr. Mason you’re saying that unequivocally you do not know where this person who used to be in Business Administrator’s Office who’s now in Public Works, you don’t know exactly what division he’s being paid out of? MR. MASON: I do not. PRESIDENT KENNY: Can we call somebody? MR. MASON: Who? COUCNILWOMAN YAEDE: Who’s in charge? PRESIDENT KENNY: Somebody in payroll; in personnel? VICE PRESIDENT PONE: Because that’s got to be cut, to me that’s a position we asked to be cut a long time ago it’s not doing the taxpayers any benefit whatsoever, only benefits the Mayor. All the other ones we can continue to look at but that’s a position, my opinion we need to pinpoint it, cut it and we asked a year ago. I don’t want to go through another year with this, I mean. Basically… PRESIDENT KENNY: Well we better know next meeting… VICE PRESIDENT PONE: It’s a waste of money to the taxpayers. PRESIDENT KENNY: Or else we’ll just start cutting something from every Public Works line item. What else can we do they don’t want to give us the information. VICE PRESIDENT PONE: All right. We must have that information for the next meeting; we’ve got to have that information. We want to know; there are two positions being paid out of Public Works, not directly working for Public Works. Are there any other positions we need to know about? PRESIDENT KENNY: No, those are the only cuts that I had that I see that really jumped out. I’m wondering why…

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COUNCILMAN GOODWIN: Roberta, I know you didn’t do this but in the future can this be coordinated where we’re not flipping through a thousand pages and we get it side by side, last year’s, this year’s. Yeah, so we can see we’re not flipping through ten different pages. Going threw a thousand different pages. COUNCILWOMAN YAEDE: I have some general questions, Mr. Mason, on public health. What were you’re thoughts around; I see that other expenses are about $84,000.00. What were they last year? MR. MASON: We have to buy the flu vaccine in the summer in July. I believe that’s going to cost us $64,000.00. So, obviously that’s the bulk of the line. COUNCILWOMAN YAEDE: Okay, in other expenses under Division of Engineering, Planning and Inspections it’s just the Division of Engineering; what’s the other expenses into that? Going from $17,000.00, now you’re down to $10,000.00. MR. MASON: I don’t have the detail with me it’s everything it’s all the operations of that particular division; paper clips, office supplies, everything. COUNCILWOMAN YAEDE: And what not. MR. MASON: Professional consultants and whatever they need to accomplish their work it’s in there. COUNCILWOMAN YAEDE: I’d recommend leaving that in. PRESIDENT KENNY: You think we ought to leave that at ten? COUNCILWOMAN YAEDE: Leave definitely the public health, other expenses; first and foremost yeah. PRESIDENT KENNY: I wasn’t touching public health. COUNCILWOMAN YAEDE: Yeah and I’d leave the Division of Engineering, Planning and Inspections as is at $10,000.00. Eighteen was for three years. PRESIDENT KENNY: Yeah for three months. So, I come up with $104,800.00 in cuts then. VICE PRESIDENT PONE: If we leave that alone yeah. PRESIDENT KENNY: Yeah, we’re going to leave that at $10,000.00 COUNCILWOMAN YAEDE: Mr. Mason, the reason why I keep coming back to recreation is there a possibility that any of those two employees are being paid out of recreation? MR. MASON: No, I said Public Works. COUNCILWOMAN YAEDE: You’re saying Public Works, okay. VICE PRESIDENT PONE: Okay so we got a proposal of $104,800.00 in cuts to the temporary budget? COUNCILMAN PATTIK: Just two quick questions. The recommended cut in the expenses in the Division of Public Works and the Maintenance of Parks and that’s a significant reduction there. I don’t know if you covered this earlier; what was the, there’s a big gap there, what was the purpose? I mean there’s two recommended cuts a significant amount, I mean is that going to… MR. MASON: I don’t agree with them but… COUNCILMAN PATTIK: Is that going to hamper… PRESIDENT KENNY: What’s the basis for the projection, that’s the problem? We’re sitting here, I’m looking at last year we had $16,000.00 a month and now you’re asking for… MR. MASON: I don’t want to argue about it. PRESIDENT KENNY: Yeah, because you don’t want to give us the information. MR. MASON: (INDISCERNIBLE) at $17,000.00 if that’s not enough we’ll be back on July 5th. COUCNILMAN PATTIK: That’s fine my only point is it’s a significant decrease and if it’s going to hamper operations I want to know. VICE PRESIDENT PONE: But it’s not from last year…

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COUNCILMAN PATTIK: It’s not, okay, all right, that’s fine. If you’re telling me that’s fine then if there’s a situation that arises that yes it is, then that’s fine I just thought maybe off hand you knew of something significant… MR. MASON: It’s a busy time of year and they’re doing a lot of work, this is the time of year where the bulk of the maintenance of parks occurs. COUNCILMAN GOODWIN: The question is why have the numbers change when you had experiences, good Lord, knows how long that these expenses have been going on, why is there such a drifting in numbers after, since Adam and Eve were here? MR. MASON: Our best estimate. COUNCILMAN GOODWIN: How can you say that, how can you sit there and say that? MR. MASON: Because it is. PRESIDENT KENNY: You can estimate this but you can’t estimate the budget. COUNCILMAN GOODWIN: It’s a joke. COUNCILWOMAN YAEDE: Unbelievable. VICE PRESIDENT PONE: And I don’t think he’s telling the truth about where the salaries are coming from, I think he knows. COUNCILMAN GOODWIN: He does know, he knows, I know he knows a lot of people here know. VICE PRESIDENT PONE: We’re going to amend resolution 3e to reflect a one month temporary budget of now, $15,429,639.56, is that math correct, can somebody check me? PRESIDENT KENNY: What was your number again Dennis? VICE PRESIDENT PONE: $15,429,639.56. PRESIDENT KENNY: So, that’s a reduction of $104,800.00. VICE PRESIDENT PONE: In the specific areas that we discussed. Sound good? Mr. President, I would make a motion to amend resolution 3e to reflect that. COUNCILWOMAN YAEDE: Second. PRESIDENT KENNY: It’s been moved and second, any further comments for discussion? PASSED: Ayes – 5. Nays – 0. Abstention - 0. Ayes: Council members: Pattik, Goodwin, Yaede, Pone and Kenny PRESIDENT KENNY: All right next is the sewer utility temporary budget. 07-265 RESOLUTION AUTHORIZING TEMPORARY BUDGET APPROPRIATION FOR GENERAL OBLIGATIONS FOR THE

FISCAL YEAR 2008 SEWER UTILITY BUDGET ($3,908,253.74) PRESIDENT KENNY: Last year, do we have last year’s? COUNCILWOMAN YAEDE: Right behind. PRESIDENT KENNY: Oh, yeah, how much was it last year, we’re missing a page. This is for three months for the sewer, correct? Okay, one month for the sewer. But it has all your debt payments in here I guess and interest on bonds. Sure, John… JOHN LEVERENECE, Director WPC: If the Council would consider a three month temporary, we do most of our big maintenance in the summertime. We need to… PRESIDENT KENNY: I’ll cut you off; I don’t have a problem with three months for the sewer. Yours doesn’t change much year to year. MR. LEVERENCE: I just can’t get by with… PRESIDENT KENNY: Do we have the three month…see I’m getting in a good mood now. How much is it again?

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MS. MADGZIAK: (indiscernible) speaking from audience. PRESIDENT KENNY: Okay, it doesn’t even change that much because the principal, payment on bond principal and interest on bonds is for the whole three months anyway, yeah, yeah. So, I would entertain a motion to approve the temporary budget for the Fiscal Year 2008 Sewer Utility for a period of three months in the amount of $5,511,321.00. COUNCILMAN GOODWIN: Are you making the motion? PRESIDENT KENNY: I said I would entertain that motion. COUNCILMAN GOODWIN: I’ll make that motion. VICE PRESIDENT PONE: Second. PRESIDENT KENNY: It’s been moved and second, any questions or comments? Mr. Kramer. VICE PRESIDENT PONE: He’s the President, he can’t make it he can only entertain it. PAUL KRAMER, Hummingbird Drive: It really doesn’t matter how much you appropriate, what matters is that they come back with you and they spend the money that somehow you know what they’re spending money on and it appears to me that the Administration had a way to figure out what everybody needed in OE and Salaries and Wages for one month, which means they had a budget that they haven’t shared with you yet. You’ve got to figure somehow when they start spending money you got to make sure that they come back to you with approval for those things that go above the threshold and whatever, professional services; but don’t spin your wheels too much with the temporary budget. The reason the State made it three months is because they assumed with efficiencies you have your budget adopted before the end of the third month. VICE PRESIDENT PONE: That reminds me Mr. President we have asked, not only for professional service agreements, which we were supposed to get today and I don’t know if we have them in our packets because I haven’t had a chance to look through them all. MR. ADEZIO: John, wasn’t it we were advised they wanted it next week? MR. MASON: Yes. MR. ADEZIO: Clerk’s Office told us next week. VICE PRESIDENT PONE: Also we need to lower the bid threshold. MR. ADEZIO: That would also be in your packet for next week. PRESIDENT KENNY: We have to come up with a number on what we want for the threshold. VICE PRESIDENT PONE: I thought about it little bit more and I really think we should even go under ten. Just because Mr. Kramer’s comment just reminded me often times they don’t come back to us because they either stay under the bid threshold legally or they stay under the bid threshold illegally and therefore we don’t see a lot of things that we should. PRESIDENT KENNY: Well let’s get back to that, we have a… VICE PRESIDENT PONE: I’m sorry I’m jumping on you… PRESIDENT KENNY: …resolution before us on the temporary budget, any other comments or questions? Roll call. PASSED: Ayes – 5. Nays – 0. Abstention – 0. Ayes: Council members: Pattik, Goodwin, Yaede, Pone and Kenny 07-266 RESOLUTION AMENDING AND INCREASING FY2007 AUTHORIZED LIMIT FOR CONTRACT AWARDED TO

POWER EQUIPMENT COMPANY UNDER RESOLUTION NO 06-329 FOR MAINTENANCE OF THE TOWNSHIP’S WASTEWATER UTILITY’S EMERGENCY POWER GENERATORS (+$32,740.00)

Ms. Yaede moved to adopt, seconded by Mr. Pone; unanimously approved by Council following discussion. PAUL KRAMER, Hummingbird Drive: Something was said earlier when Mr. Leverence discussed this resolution; a couple things bothered me. Number one, there’s only way this happens. If somebody else is charging against a contract or purchase order, not the department that issued the purchase order; otherwise there’s no way that anybody in the Water Pollution Control Office can sit there and look at a contract or

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purchase order in charge. This contract was awarded to somebody who works in Water Pollution Control buildings and I guarantee you somebody was doing work, they were doing work other places. That’s the only way this happened. PRESIDENT KENNY: In this case should be a separate contract for the work. MR. KRAMER: That’s right, exactly that’s number one, number two; I thought I heard Mr. Mason say that this was being charged to a capital account? A bond ordinance is that what I heard? MR. MASON: For work that was already done, it was capital work and it was charged to an authorized capital account for that purpose. MR. KRAMER: So, are the other two resolutions 3h and 3i going to be charged to a capital account for maintenance? MR. MASON: No. MR. KRAMER: Oh this is special work? MR. MASON: Yes. MR. KRAMER: That was done that made them exceed their contract. MR. MASON: Correct. MR. KRAMER: that was not maintenance it was something that had to do with a breakdown that was charged to capital. MR. MASON: The machine was refurbished. PRESIDENT KENNY: Mr. Adezio, don’t we have an issue thought that we have to, there’s certain procedures to follow when it’s more then 15% and this is an increase closer to 80%; 20% is it? MR. KRAMER: It’s really a change order. PRESIDENT KENNY: Yeah but it exceeds… MR. KRAMER: After the fact. PRESIDENT KENNY: It exceeds the amount that you’re supposed to have for change orders. You’re supposed to give an explanation to DCA as I recall. MR. KRAMER: I don’t know about DCA but the point is it only happens if somebody else is using a purchase order in some other division, department that has no relationship to where the contract was awarded. I don’t know if that happened here, but I can’t imagine anybody that works on purchase orders all the time not saying, oh, wait a minute we already spent $32,000.00 or whatever it is and keep charging against it. PRESIDENT KENNY: I would assume when the contract is entered, the number is in the budget and there is some kind of encumbrance then on that money. MR. KRAMER: Yeah there’s an encumbrance, that’s why you issue a purchase order for the full amount of the contract, you charge against that contract and it’s only supposed to be one per person controlling that expenditure. The only way this happened is somebody is using this contract outside the Division of Water Pollution Control. But you know, just a point I guess the auditor will find that next year. MR. ADEZIO: Mr. Leverence seems to disagree with you. MR. LEVERENCE: When we had the breakdown we, after we got the final charges we wrote a separate PO for it because there was no way that we would have been able to cover it under the first PO. It was the beginning of the year and we knew that we would never, never make it through the year; and as I had mentioned to you last week, I should have come down here and said, ‘I have an emergency’. I should have asked for proper authorization and that was a big fault of our and that’s what happened. It was all done with the same vendor, same services and because it was a major capital repair we did use some money out of an authorized capital account, the generator activity, in the treatment thing. PRESIDENT KENNY: Any other questions or comments roll call. 07-267 RESOLUTION APPROVING A SECOND AND FINAL ONE YEAR EXTENSION TO CONTRACT NO. 04-263

AWARDED TO POWER EQUIPMENT COMPANY FOR EMERGENCY GENERATOR MAINTENANCE SERVICE FOR THE DEPARTMENT OF WATER POLLUTION CONTROL ($40,000.00 MAXIMUM)

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Mr. Pone moved to adopt, seconded by Ms. Yaede; unanimously approved by Council. 07-268 RESOLUTION APPROVING EXTENSION NO. 1 TO CONTRACT 05-069 WITH ALLIED CONTROL SERVICES TO

PROVIDE INSTRUMENTATION SERVICES AT THE WASTEWATER TREATMENT PLANT ($70,484.00 MAXIMUM) Mr. Pattik moved to adopt, seconded by Mr. Goodwin; unanimously approved by Council. VICE PRESIDENT PONE: Thank you John, for your explanations and thanks for admitting the mistakes,

emergency wise. MR. MASON: John. MR. LEVERENCE: (indiscernible) speaking from audience. MR. MASON: Just hang on one second, please. Mr. Council President, it’s not on your agenda but in the back of your packet is a resolution 3j, accepting completion, certain capital improvements of sewer utility capital fund and cancelling the unexpended balances of $1, 057,000.00, this will create some surplus in the sewer utility if the Council would consider adopting the particular resolution. COUNCILWOMAN YAEDE: I don’t have it. VICE PRESIDENT PONE: I thought I saw it. COUNCILMAN GOODWIN: I would assume then all these account numbers are job related? MR. MASON: Yes they’re ordinances, which the ordinance reflects the project within it. COUNCILMAN GOODWIN: Leftover money within the project? MR. MASON: Yes. PRESIDENT KENNY: And what does this accomplish by cancelling the unexpended balances? MR. MASON: Creates surplus in sewer utility. PRESIDENT KENNY: Okay, so the borrowed money effectively flows in the surplus. MR. MASON: Correct. PRESIDENT KENNY: Is there anything else we can do with the borrowed money because we’re still paying interest on it obviously? VICE PRESIDENT PONE: Until we pay down the debt… PRESIDENT KENNY: That is the question. MR. MASON: Well, obviously, whatever revenues are available in the sewer utility will be used in various ways, other expenses, including debts that are of this sewer utility. COUNCILMAN GOODWIN: I would think that, wait a minutes, why can’t it all go to debt service, 100%? MR. MASON: I don’t know that we have that much debt service to pay. COUNCILMAN GOODWIN: I don’t think it should go to salaries and wages. MR. MASON: But all you’re doing with cancelling is, then on the annual financial statement it will be reflected as surplus then within the budget document itself Council can modify the revenue to be anticipated and agree with what the Administration proposed as anticipating in terms of sewer surplus. Council has the ability to modify it. COUNCILMAN GOODWIN: I don’t like this. VICE PRESIDENT PONE: I don’t like putting it as anticipated revenue because it’s borrowed money. MR. MASON: No, you’re putting the cart before the horse. All the Council would do by the resolution is cancel the project which is completed and the balances from these accounts for these completed projects and create surplus revenue in the sewer utility in this amount. What happens to it after that is the termination by the governing body.

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COUNCILMAN GOODWIN: I’ll make a motion to table this I don’t like this. VICE PRESIDENT PONE: Second, since we just got it. I think I understand it but I don’t understand… MR. MASON: You just took a similar action on the current fund side and cancelled $510,000.00 there that’ll be surplus. You’ve identified… VICE PRESIDENT PONE: but in the sewer utility most of its debt service. I mean most of this… MR. MASON: The budget is $14,000,000.00. So, I mean yes there’s debt service paying into the sewer utility obviously and whatever excess revenue or whatever surplus is available will go to help offset the expenditures that we have to appropriate in the sewer budget. COUNCILMAN GOODWIN: You said this is all going to debt service, you said salary and wages and I don’t like that. COUNCILWOMAN YAEDE: I agree with Mr. Goodwin. MR. MASON: I just don’t have the debt service number with me tonight. COUNCILMAN GOODWIN: Then let’s table it to next meeting then. MR. MASON: You can’t because it has to be done by June 30th; July 5th is too late. You don’t have to do anything on July 5th. VICE PRESIDENT PONE: Where does the money go if we do nothing? PRESIDENT KENNY: It would just stay there and would have to go to the following year then if you cancel it. John, my problem is I don’t fully understand these things and to get thrown at five of eleven (10:55 PM) have it brought to our attention, that’s what concerns me. I assume some of this money sat around for a long time. MR. MASON: No, actually Mr. Leverence worked very hard in identifying the funds before us and finally… COUCNILMAN GOODWIN: Can this be amended that this goes strictly to debt service to knock down debt. MR. MASON: You can use any part of it or none of it or all of it as Council determines at the appropriate time that they have the budget in their possession. COUNCILMAN GOODWIN: All of it. MR. MASON: Right now it’s premature to make that determination, you don’t have a sewer utility budget in front of you for a full year and I think you would want to reserve that judgment until that time. COUNCILMAN GOODWIN: Yeah, but if we trusted you that would be one thing, but we don’t trust you, so that’s… VICE PRESIDENT PONE: John, you have any thoughts on it? MR. LEVERENCE: I identified these dollars and this is all CFO stuff, surpluses and budgets and alike and I honestly don’t… VICE PRESIDENT PONE: Our feeling is that and Mr. Goodwin hit it right on the head is the trust level; I see them calling this revenue some how artificially changing the tax rate when in fact it’s borrowed money. I believe that’s exactly what’s going to happen. MR. LEVERENCE: I’ve been through, over the years on numerous occasions this exercise. Every so many years you identify funds that can be cancelled, you cancel them they become surplus; that money is then on the table for the budget process for the following fiscal year. This has been done many, many times over the years and it seems like every four or five years I’ve gone through this exercise. COUNCILWOMAN YAEDE: You say it’s back on the table in… MR. LEVERENCE: Now, look I’m an engineer I’m not a financial guy but here’s my understanding of it and watching from the sidelines. Nothing gets spent in this town without Council’s approval. You are the, you hold the purse strings. VICE PRESIDENT PONE: That’s absolutely untrue but continue; continue the fantasy John. MR. LEVERENCE: Theoretically maybe I don’t know but to be honest with you surplus is what you have on the table in front of you.

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PRESIDENT KENNY: We don’t have any surplus now I take it. MR. LEVERENCE: Zero. COUNCILWOMAN YAEDE: So, John, once this is back on the table prior to them, the Administration giving us a budget they can take that money and plug it in anywhere… MR. LEVERENCE: No, I don’t believe they can. I think its surplus and it can only put somewhere as part of the next budget process that’s going to unfold over these next several months. COUNCILWOMAN YAEDE: But they can present us with a budget with these funds put in somewhere else. MR. LEVERENCE: That you can accept or reject. COUNCILWOMAN YAEDE: And that’s the problem. PRESIDENT KENNY: Well I think it has to stay in the sewer utility doesn’t it. MR. LEVERENCE: Oh, yes…oh I don’t know. COUNCILMAN GOODWIN: Or a million dollar admin. charge. MR. MASON: (INDISCERNIBLE) PRESIDENT KENNY: Can it be taken out of the sewer utility? My concern is because it’s borrowed money. You’re treating borrowed money as if it’s current revenue. I’m looking here in 2005 the Council cancelled almost $3,000,000.00 from; and these were ordinances going back to 1983 through 2001 but some of them are awfully old. I don’t see any dates on any of these ordinances where these would be coming from. 90’s and…The question becomes, like I said I’m just concerned about using borrowed money. It was done in last year’s budget for the township. VICE PRESIDENT PONE: Right, it’s been done for many things, Klockner Woods interest was paid from money we’re paying interest on. COUNCILWOMAN YAEDE: And here we are again. VICE PRESIDENT PONE: It’s a bad practice it’s definitely it’s kind of a carousel you can’t get off. If we look at it in the budget and I mean, if we do this and make sure it sits in surplus to the sewer and then we talk to John during the budget process workshop and we use it to pay down some debt it sounds like we have that option, right Mr. Mason? MR. MASON: That’s part of the option (indiscernible) COUNCILWOMAN YAEDE: I guess I go back to my question; you can take these funds out and use it to plug up the budget once we cancel this? MR. MASON: It won’t become surplus until… PRESIDENT KENNY: Yeah and in the past I think Council has used money from the sewer utility; the township has to fund the current budget for the township? MR. MASON: That has occurred. MR. LEVERENCE: Part of what’s presented to Council, this Council ultimately embraced which the Council could have refused to embrace. VICE PRESIDENT PONE: That’s that double edged sword again. PRESIDENT KENNY: Like I said my concern is here we are presented this at eleven o’clock at night for the first time. VICE PRESIDENT PONE: See I believe the Mayor will use this politically. This will become revenue so that he can artificially keep the tax rate. We’ll say no we don’t want it as revenue we want to pay off debt service and that will automatically… COUNCILMAN GOODWIN: Well then can this be worded that it strictly go to pay off debt service? VICE PRESIDENT PONE: If the Administration wasn’t so political I wouldn’t worry about it, I’d love to have the sewer surplus and then decide what to do with it, but I don’t think that’s how it’s going to play out.

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MR. LEVERENCE: John is the wizard with this stuff but I’ve never and the sewer utility has never experienced any period of time except this current year where there was no surplus. PRESIDENT KENNY: No surplus at all, which is a scary thing. MR. LEVERENCE: Yeah it’s scary you don’t want to be there. COUNCILMAN GOODWIN: John the only thing is here, this money is coming from bond ordinances that’s left over… PRESIDENT KENNY: That’s generally how this… COUNCILMAN GOODWIN: Yeah but you can’t have it go back and then go for salary and wages. MR. LEVERENCE: That would only happen if the Council authorized it… COUNCILMAN GOODWIN: You deal with these people. MR. LEVERENCE: Tom, I…. VICE PRESIDENT PONE: Well that’s the thing Tom, I agree with you 100% philosophically, I think it should be used to pay down debt and we’ll deal with emergencies in the sewer department as emergencies. But I don’t know how to do that other then through the budget. PRESIDENT KENNY: Why does it have to be done now before the start of the new fiscal year? Why can’t we cancel debt during the fiscal year? MR. MASON: You can but it won’t be counted, it won’t fall to surplus and the annual financial statement until the next succeeding fiscal year. PRESIDENT KENNY: Where will it go, if we were to cancel it two months from now, three months from now? MR. MASON: You’ll see it in the Annual Financial Statement of FY08. PRESIDENT KENNY: Can you use the money then in FY08? MR. MASON: No, you can use it in FY09. COUNCILMAN GOODWIN: See John I wouldn’t have a problem if it was going to reduce debt or go to capital but not salary and wages or just other stuff. If it was funded for debt it’s got to reduce debt. PRESIDENT KENNY: Yeah as far as money you put the borrowed money back. COUNCILMAN GOODWIN: You can’t take the borrowed money and you can’t put it for salary and wages, you just sunk us. PRESIDENT KENNY: All right, well there’s a motion to table on the floor with a second. Roll call. Mr. Goodwin moved it and Mr. Pone seconded. VICE PRESIDENT PONE: Correct, yes to table. COUNCILMAN PATTIK: So we’re tabling this. PRESIDENT KENNY: Yes. COUCNILMAN PATTIK: So that would mean that what Mr. Mason said, we’re not going to be doing with this in ’08 we’ll deal with it in ’09. PRESIDENT KENNY: Why haven’t we seen this in the last three months? Why are we getting it at eleven o’clock on June 27th? I don’t follow that, you know. COUNCILMAN GOODWIN: Not only that we asked for the packets to be dropped off Friday. PRESIDENT KENNY: Yeah and it’s not even on the agenda. COUNCILMAN PATTIK: I’m just trying to question what would change somebody’s mind now and in a year from now.

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PRESIDENT KENNY: Frankly I want it to go to pay off debt service. It seems to me if you borrow money then you use it as current income. COUCNILMAN PATTIK: But that’s a decision we can make; if I’m just hearing that or I know John’s debating that he wants a surplus because he hasn’t had a surplus in this is the first year he’s never had a surplus. PRESIDENT KENNY: Which is scary. COUCNILMAN PATTIK: I don’t think in a year from now anything is going to change your mind, you’ll decide in a year from now it’s a good thing. PRESIDENT KENNY: But you have to wonder what happened when you cancelled $3,000,000.00 in 2005 and it’s all gone, that bothers me. What happened to $3,000,000.00? Why isn’t there a surplus? So it’s going to become very tempting to cancel it to say, hey we got money here let’s use it. COUNCILMAN PATTIK: We make the ultimate decision on where it goes. PRESIDENT KENNY: First it’s going to show up in a budget as being used for… VICE PRESIDENT PONE: Yeah right or they whittle it away somewhere without coming to us. PRESIDENT KENNY: All right there’s a motion to table. PASSED: Ayes – 5. Nays - 0. Abstention – 0. Ayes: Council members: Pattik, Goodwin, Yaede, Pone and Kenny ORDINANCES - FIRST READING AND INTRODUCTION 4a. 07-020 An Ordinance Of The Township Of Hamilton In The County Of Mercer, New Jersey, Providing

For Various Capital Improvements For The Township Of Hamilton And Appropriating $3,015,000, Therefore, And Providing For The Issuance Of $2,864,250 In General Improvement Bonds Or Notes Of The Township Of Hamilton To Finance The Same

Ms. Yaede moved to introduce on first reading and introduction, seconded by Mr. Pone; unanimously approved by Council. RECESS AS THE TOWNSHIP COUNCIL AND CONVENE AS THE LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD Mr. Pone moved recess, seconded by Ms. Yaede; unanimously approved by Council. 07-269 RESOLUTION APPROVING RENEWAL OF ALCOHOLIC BEVERAGE CONTROL LIQUOR LICENSES (2) FOR THE

TERM OF JULY 1, 2007 TO JUNE 30, 2008 Mr. Pone moved to adopt, seconded by Mr. Goodwin; unanimously approved by Council. RECESS AS THE LOCAL ALCOHOLIC BEVERAGE CONTROL BOARD AND RECONVENE AS THE TOWNSHIP COUNCIL Mr. Pone moved to adopt, seconded by Ms. Yaede; unanimously approved by Council. PRESIDENT KENNY: I assume there are no comments from the public. Okay, motion to adjourn the meeting; I don’t think we have anything else tonight Mr. Pone moved to adopt, seconded by Ms. Yaede; unanimously approved by Council. ADJOURNMENT: 11:10 PM ________________________________ _______________________________ Jean Chianese David Kenny Municipal Clerk President

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