1

TOWNSHIP OF HAMILTON MEETING MINUTES

TOWNSHIP COUNCIL

PRESIDENT KELLY YAEDE VICE PRESIDENT KEVIN MEARA

COUNCIL MEMBERS: THOMAS GOODWIN, DAVID KENNY AND DENNIS PONE TUESDAY, JANUARY 6, 2009 MUNICIPAL BUILDING

6:55 PM - COUNCIL AGENDA MEETING The agenda as it appears was discussed by members of Council along with members of the Administration. No formal action taken at this time. 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: DAVID KENNY, KEVIN MEARA, THOMAS GOODWIN, KELLY YAEDE AND DENNIS PONE ADMINISTRATION PRESENT: JOHN RICCI, BUSINESS ADMINISTRATOR LINDSAY BURBAGE, DIRECTOR, DEPARTMENT OF LAW COMMENTS FROM THE PUBLIC (Conference Meeting Only) DISCUSSION MINUTES November 17, 2008 – Conference and Public Meetings December 16, 2008 – Conference and Public Meetings COMMUNICATIONS 1a. Acknowledgement of Appointments to the Planning Board by Mayor John F. Bencivengo 1b. Hamilton Little Lads requests permission to conduct a tag day solicitation on February 19, 20, 21, 22;

March 5, 6, 7 and 8, 2009 1c. Nottingham Little League requests permission to conduct a tag day solicitation on March 12, 13, 14, 15;

May 14, 15, 16, and 17, 2009 1d. Sunnybrae Little League requests permission to conduct a tag day solicitation on March 26, 27, 28; May

1, 2, 2009 1e. Nottingham Babe Ruth League requests permission to conduct a tag day solicitation on April 17, 18 and

19, 2009 1f. Hamilton Babe Ruth Baseball requests permission to conduct a tag day solicitation on March 19, 20, 21;

April 9, 10 and 11, 2009 1g. Hamilton YMCA Baseball/Softball requests permission to conduct a tag day solicitation on April 23, 24

and 25, 2009 1h. Hamilton Township Recreation Baseball Assoc. requests permission to conduct a tag day solicitation on

Feb. 27, 27; March 1; May 29, 30 and 31, 2009 1i. Hamilton Lou Gehrig Baseball Assoc. requests permission to conduct a tag day solicitation on May 22,

23, 24; June 5, 6 and 7, 2009 1j. Hamilton Pop Warner requests permission to conduct a tag day solicitation on August 7, 8 and 9, 2009 1k. Hamilton Twp. Rec. Football League requests permission to conduct a tag day solicitation on August

21, 22, 23, 28, 29 and 30, 2009 1l. Hamilton Twp. Rec. Soccer Assoc. requests permission to conduct a tag day solicitation on Sept. 18, 19,

20, 25, 26 and 27, 2009 1m. Allentown High School Girls Softball Team ‘Allentown Redbirds’ requests permission to conduct a tag

day solicitation on February 21, 2009

2

Tuesday, January 6, 2009 APPLICATIONS 2a. RA 08-162 Trenton St. Patrick Parade Committee–On-Premise 50/50 raffle to be held Jan. 18, 2009 2b. RA 08-163 PTA Richard C. Crockett, Inc. – On-premise Merchandise to be held February 28, 2009 2c. RA 08-164 PTA Richard C. Crockett, Inc. – On-premise 50/50 raffle to be held February 28, 2009 2d. RA 08-165 Mercer County Past Presidents Service Group of the PTA – On-Premise 50/50 raffle to

be held March 12, 2009 2e. RA 08-166 Cystic Fibrosis Foundation – On-Premise Gift Auction raffle to be held Feb.21, 2009 2f. BA 08-167 PTA Emily C. Reynolds Middle School PTA –Merchandise Bingo to be held

March 6, 2009 2g. RA 08-168 PTA St. Gregory The Great School – On-Premise 50/50 raffle to be held March 7, 2009 RESOLUTIONS 3a. Resolution Authorizing A Non-Exclusive Right-Of-Way Use Agreement Between The Township Of

Hamilton And NextG Networks of NY, Inc. For The Purpose Of Operating A Fiber-Based Telecommunications Network

3b. Resolution Establishing A One Year Contract With JM Mechanical For Treatment Plant Boiler

Maintenance At The Department Of Water Pollution Control ($35,135.00 Maximum) 3c. Resolution Establishing A Contract With Northeast Remsco For Treatment Plant Headworks Rehabilitation Project – Final Phase 3d. Resolution Authorizing A Three Year Lease Agreement Between The Township Of Hamilton And

Reliable Wood Products For The Maintenance, Management And Operating Of The Hamilton Township Ecological Facility (Kuser Road)

3e. Resolution Approving Change Order Number One To Contract No. 08-163 Awarded To The Louis

Berger Group For Professional Services For Review Of Development Applications And The Inspection Of Development Projects (+$20,000.00)

3f. Resolution Of The Township Of Hamilton Confirming Its Submission Of A Petition To The New Jersey

Council On Affordable Housing (COAH) For Certification Of Its Adopted Round III Housing And Fair Share Plan

3g. Resolution Authorizing Labor Agreement Between The Township Of Hamilton And The Superior

Officers Association 3h. Resolution Authorizing A Labor Agreement Between The Township Of Hamilton And The New Jersey

State Policeman’s Benevolent Association (PBA) Local No. 66 3i. Resolution Authorizing Emergency Temporary Budget Appropriations For The General Obligations For

The Fiscal Year 2009 Municipal Budget ($16,806,605.00) 3j. Resolution Authorizing Emergency Temporary Budget Appropriations For The Sewer Utility

Obligations For The Fiscal Year 2009 Municipal Budget ($580,000.00) CONSENT AGENDA All resolutions listed under the Consent Agenda are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items. 4a. Resolution Designating Dates For Public Meetings For The Township Council For The Year 2009 4b. Resolution Designating Official Holidays For The Employees Of The Township Of Hamilton For The

Year 2009 4c. Resolution Designating The Official Newspapers For The Township Of Hamilton For The Year 2009 4d. Joint Resolution Commemorating Martin Luther King, Jr. Day, Monday, January 19, 2009 4e. Resolution Designating Depositories Of Funds For The Township Of Hamilton For The Year 2009

3

Tuesday, January 6, 2009 4f. Resolution Consenting To The Re-Appointment Of Michele Rossi As Hamilton Township Municipal

Tax Collector 4g. Resolution Consenting To The Appointment Of Michel Rossi As Tax Search Officer For The Year 2009 4h. Resolution Consenting To The Re-Appointment Of Edward R. Gore, Esquire, To The Position Of

Public Defender 4i. Resolution Consenting To The Re-Appointment Of Raymond C, Staub, Esquire To The Position Of

Assistant Public Defender 4j. Resolution Consenting To The Re-Appointment Of Jerry J. Dasti, Esquire To The Position Of

Prosecutor – Police Legal Advisor 4k. Resolution Consenting To The Re-Appointment Of D.G. Sarsfield, Esquire To The Position Of

Assistant Prosecutor – Police Legal Advisor 4l. Resolution Consenting To The Re-Appointment Of Individuals To The Hamilton Township Economic Development Advisory Commission 4m. Resolution Consenting To The Re-Appointment and Appointment Of Individuals To The Hamilton

Township Environmental Advisory Commission 4n. Resolution Consenting To The Appointment Of Individuals To The Hamilton Township Redevelopment

Commission 4o. Resolution Consenting To The Re-Appointment Of Individuals To The Hamilton Township Zoning

Board of Adjustment 4p. Resolution Authorizing The Refund Of Fee Paid By Jennifer Conti For A Housing Inspection ($200.00) 4q. Resolution Authorizing The Refund Of Fee Paid By Robin Tyler For A Housing Inspection ($200.00) 4r. Resolution Authorizing The Refund Of Fee Paid By Trenton Roofing For A Construction Permit

($96.00) 4s. Resolution Authorizing The Reduction Of Performance Bond For On-Site Improvements Made To The Property Known As 2222 Route 33 4t. Resolution Authorizing The Release Of Performance Bond For Improvements Made To The Property

Known As 466 Church Street, Block 2663, Lot 5 4u. Resolution Authorizing The Release Of Performance Bond For Improvements Made To The Property

Known As 5 Commerce Way, Block 2591, Lots 3, 4 And 5 [Gateway 195 Centre] 4v. Resolution Authorizing Refund Of Real Estate Taxes For Year 2008 For South Olden Co-Operative,

Block 2242, Lot 2 ($11,250.00) ORDINANCES 5a. 09-001 Ordinance Establishing A Traffic Control Signal At The Intersection Of Klockner

Road And George Dye Road

FIRST READING AND INTRODUCTION

5b. 09-002 Ordinance Accepting Deed Of Dedication And Sight Triangle Easements (Levin Properties, L.P.; Nottingham Way And Klockner Road, Block 1589, Lot 165)

FIRST READING AND INTRODUCTION

5c. 09-003 Ordinance Amending And Supplementing The Code Of Ordinances, Hamilton

Township, New Jersey Chapter 148 Vehicles And Traffic, Section 148-48, Right Turn Only (NJ Route 33 [Nottingham Way] and Klockner Road)

FIRST READING AND INTRODUCTION

4

Tuesday, January 6, 2009 FY 2009 MUNICIPAL BUDGET 6a. Resolution To Amend State Fiscal Year 2009 Municipal Budget

PUBLIC HEARING COMMENTS FROM THE COUNCIL ADJOURNMENT: 7:34 PM ____________________________________________ Eileen Gore, RMC Municipal Clerk

5

TOWNSHIP OF HAMILTON MEETING MINUTES

TOWNSHIP COUNCIL

PRESIDENT KELLY YAEDE VICE PRESIDENT THOMAS GOODWIN

COUNCIL MEMBERS: DAVID KENNY KEVIN MEARA, AND DENNIS PONE TUESDAY, JANUARY 6, 2009 MUNICIPAL BUILDING

7:35 PM - COUNCIL PUBLIC 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: THOMAS GOODWIN, DAVID KENNY, KEVIN MEARA, DENNIS PONE AND KELLY YAEDE ADMINISTRATION PRESENT: JOHN RICCI, BUSINESS ADMINISTRATOR LINDSAY BURBAGE, DIRECTOR, DEPARTMENT OF LAW SALUTE TO THE FLAG INVOCATION given by Councilman Meara. PRESIDENT YAEDE: Council has reviewed all items on the business portion of the agenda earlier this evening in our conference and agenda session with representatives of the administration. The public comment portion will be conducted according to the sign up sheet. Anyone who wishes to address Council must sign up and be called upon accordingly. Speakers will state their name and address at the microphone. Being that this is my first meeting as Council President, I just want to read how the meeting will flow. From this point forward, the members of the dais and audience will adhere to Roberts Rules of Order. The rules attached are posted on each door. Shouting, inappropriate behavior and offensive or abusive remarks will not be tolerated and will be cause for removal. Unless you are recognized to come to the microphone, please do not speak. If you wish to hold a conversation, please step out into the hallway. As the upcoming year comes about, I intend to have orderly meetings and make sure that all voices are heard in an appropriate fashion. And I know all of you out there, will pitch in. Madam Clerk, please proceed with the agenda. MINUTES On the motion of Mr. Goodwin, seconded by Mr. Kenny, the minutes of November 17 and December 16, 2008 were unanimously approved. COMMUNICATIONS On the motion of Mr. Kenny, seconded by Mr. Goodwin the following communications were unanimously approved. 1a. Acknowledgement of Appointments to the Planning Board by Mayor John F. Bencivengo 1b. Hamilton Little Lads requests permission to conduct a tag day solicitation on February 19, 20, 21, 22;

March 5, 6, 7 and 8, 2009 1c. Nottingham Little League requests permission to conduct a tag day solicitation on March 12, 13, 14, 15;

May 14, 15, 16, and 17, 2009 1d. Sunnybrae Little League requests permission to conduct a tag day solicitation on March 26, 27, 28; May

1, 2, 2009 1e. Nottingham Babe Ruth League requests permission to conduct a tag day solicitation on April 17, 18 and

19, 2009 1f. Hamilton Babe Ruth Baseball requests permission to conduct a tag day solicitation on March 19, 20, 21;

April 9, 10 and 11, 2009 1g. Hamilton YMCA Baseball/Softball requests permission to conduct a tag day solicitation on April 23, 24

and 25, 2009 1h. Hamilton Township Recreation Baseball Assoc. requests permission to conduct a tag day solicitation on

Feb. 27, 27; March 1; May 29, 30 and 31, 2009

6

Tuesday, January 6, 2009 COMMUNICATIONS cont’d 1i. Hamilton Lou Gehrig Baseball Assoc. requests permission to conduct a tag day solicitation on May 22,

23, 24; June 5, 6 and 7, 2009 1j. Hamilton Pop Warner requests permission to conduct a tag day solicitation on August 7, 8 and 9, 2009 1k. Hamilton Twp. Rec. Football League requests permission to conduct a tag day solicitation on August

21, 22, 23, 28, 29 and 30, 2009 1l. Hamilton Twp. Rec. Soccer Assoc. requests permission to conduct a tag day solicitation on Sept. 18, 19,

20, 25, 26 and 27, 2009 1m. Allentown High School Girls Softball Team ‘Allentown Redbirds’ requests permission to conduct a tag

day solicitation on February 21, 2009 HAROLD HAGER, 364 Lakeside Boulevard: Yeah on 1a. PRESIDENT YAEDE: On communications we accept public comment at the end of the meeting. MR. HAGER: Wait a minute, Communications 1a, if I have a question on that, when do I ask it? PRESIDENT YAEDE: If you’d like to come up. MR. HAGER: The acknowledgement for the appointments to the Planning Board, what are you acknowledging; that you know these people and you know their ability? Have you seen the resume of them? PRESIDENT YAEDE: Yes. MR. HAGER: No, I’m asking the Council. COUNCILMAN KENNY: Under the law the Mayor makes appointments to the Planning Board, and this is just acknowledging… actually, he’s just advising us who he had reappointed to the Planning Board. MR. HAGER: Since they affect the taxpayers, from where we stand. I’d like to repeat my question. Have you, members of the Council, have you seen resumes of the members of the Planning Board? COUNCILMAN KENNY: Yes. COUNCILMAN PONE: I have. MR. HAGER: Mr. Goodwin, if everybody says yes, I’m very, very happy. PRESIDENT YAEDE: Harold, we have been supplied with resumes. MR. HAGER: Yes, fine because I attend some of the meetings, and I’m more infatuated with some of the members then I am with other. That’s why I ask because they do have a big influence on the operation of the township. Thank you very much. APPLICATIONS On the motion of Mr. Meara seconded by Mr. Pone; the following applications were unanimously approved. 2a. RA 08-162 Trenton St. Patrick Parade Committee–On-Premise 50/50 raffle to be held Jan.18, 2009 2b. RA 08-163 PTA Richard C. Crockett, Inc. – On-premise Merchandise to be held February 28, 2009 2c. RA 08-164 PTA Richard C. Crockett, Inc. – On-premise 50/50 raffle to be held February 28, 2009 2d. RA 08-165 Mercer County Past Presidents Service Group of the PTA – On Premise 50/50 raffle to

be held March 12, 2009 2e. RA 08-166 Cystic Fibrosis Foundation – On-Premise Gift Auction raffle to be held Feb. 21, 2009 2f. BA 08-167 PTA Emily C. Reynolds Middle School PTA – Merchandise Bingo to be held

March 6, 2009 2g. RA 08-168 PTA St. Gregory The Great School – On-Premise 50/50 raffle to be held March 7, 2009

7

Tuesday, January 6, 2009 RESOLUTIONS 09-001 RESOLUTION AUTHORIZING A NON-EXCLUSIVE RIGHT-OF-WAY USE AGREEMENT BETWEEN THE

TOWNSHIP OF HAMILTON AND NEXTG NETWORKS OF NY, INC. FOR THE PURPOSE OF OPERATING A FIBER-BASED TELECOMMUNICATIONS NETWORK

Mr. Pone moved to adopt, seconded by Mr. Meara; unanimously approved. 09-002 RESOLUTION ESTABLISHING A ONE YEAR CONTRACT WITH JM MECHANICAL FOR TREATMENT PLANT

BOILER MAINTENANCE AT THE DEPARTMENT OF WATER POLLUTION CONTROL ($35,135.00 MAXIMUM) Mr. Goodwin moved to adopt, seconded by Mr. Kenny; unanimously approved after the following discussion: HAROLD HAGER, 364 Lakeside Boulevard: Madam President, question please. There’s a word in here that I don’t quite understand. The size of the boiler, at the sewage treatment plant, requires a licensed operator I believe? Is it a black seal or blue seal or a red seal? I’d like to know if you have a licensed operator there? PRESIDENT YAEDE: Mr. Ricci. MR. RICCI: Yes. MR. HAGER: Okay what is he, black, blue or red? MR. RICCI: Black. MR. HAGER: He’s responsible for maintaining the boiler? He’s a licensed operator from the State of New Jersey? Is it required that you need somebody with a higher class license or not; that’s a decision you could make. That boiler should be treated and there are companies that do this. Also, that comes out to about $3,000.00 a month. What are we paying this gentleman or company to do? MR. RICCI: Paying them to maintain the boilers for us for work that cannot be done by the employees. Also to do any emergency work the may happen. These are not traditional boilers that you would expect to find in a building like the Municipal Building. MR. HAGER: As long as we’re assured and the Council is assured, that we’re doing it the most economical way to handle the situation. That you find the proper chemicals and that you’re doing the treatment you should not have a problem. COUNCILMAN PONE: Harold, it does go out to bid and it is the low bid. MR. HAGER: But you don’t have to go to bid if you have some expertise that can do it. Now if you feel that you need to go out to bid to get somebody to do the repairs, that’s perfectly all right. But then Council should be aware of the repairs that need to be made and why they exist. Is it because we don’t have the proper operator, you need the proper licensed operator? Is it because we don’t find the proper chemicals? Is this gentleman or company going to supervise this man? Who’s going to supervise him? I’ll take your questions, thank you. COUNCILMAN KENNY: This is on an as needed basis. It’s a maximum for labor and a maximum for an estimate of parts. MR. RICCI: As you know, we have multiple licenses available to us at the plant, including licensed engineers. All of whom supervise the employees and the contractors that are there. They made the recommendations to us. This is not a contract of something new this year it’s been occurring this way for a number of years. It’s something we need to have to operate the treatment plant. COUNCILMAN MEARA: Madam President, if I may through you to John? John, of the $35,000.00, is any of that a retainer? Meaning that if for some reason there was no work done, we wouldn’t spend the $35,000.00; does any of that a retainer that they would get to be on-call or to service it. MR. RICCI: You have the breakdowns. For J&M, was the low you’ll see numbers under items: Two laboratory building, three the digester for the sludge and those are in affect retainer amounts. The others are the hourly rates and estimate of $10,000.00 on parts that may be needed, but they’re not all needed. So you’re looking at approximately $15,000.00 that is a retainer.

8

Tuesday, January 6, 2009 09-003 RESOLUTION ESTABLISHING A CONTRACT WITH NORTHEAST REMSCO FOR TREATMENT PLANT HEADWORKS

REHABILITATION PROJECT – FINAL PHASE Mr. Kenny moved to adopt, seconded by Mr. Goodwin; unanimously approved by Council. 09-004 RESOLUTION AUTHORIZING A THREE YEAR LEASE AGREEMENT BETWEEN THE TOWNSHIP OF HAMILTON

AND RELIABLE WOOD PRODUCTS FOR THE MAINTENANCE, MANAGEMENT AND OPERATING OF THE HAMILTON TOWNSHIP ECOLOGICAL FACILITY (KUSER ROAD)

Mr. Meara moved to adopt, seconded by Mr. Pone; unanimously approved after the following discussion: ANTONIO C. GAMBINO: I would like to start out tonight and say that this resolution had to be one of the most corrupt and sneakiest moves that was ever pulled on this township. The public did not know about this at all. The only people that knew about this resolution were the people that worked in buildings in the department of transportation over there. COUNCILMAN KENNY: There was an article in the paper the other day. MR. GAMBINO: Yeah, but you just came out with this. From what I understand, this has been in the works for six months. COUNCILMAN KENNY: Sure. MR. GAMBINO: Six months and nobody discussed this. This was not put on the table. COUNCILMAN KENNY: It was discussed at a public meeting with Mr. Guhl. MR. GAMBINO: No it wasn’t. MR. RICCI: It was discussed. MR. GAMBINO: No it was not, no it was not. PRESIDENT YAEDE: Let Mr. Ricci finish please, thank you. MR. RICCI: It was discussed earlier in the year with Council that it was under consideration. It was advertised publicly twice. MR. GAMBINO: Where, where was it advertised publicly twice? MR. RICCI: The Trenton Times. COUNCILMAN KENNY: When the bids went out both times. MR. GAMBINO: Just when the bids, but you didn’t notify the public. You didn’t notify the public in the news story. PRESIDENT YAEDE: Please let him finish. MR. RICCI: We also discussed it at a Council meeting in October and the newspapers…. MR. GAMBINO: I’ve been to every one of these meetings, I don’t remember. PRESIDENT YAEDE: Antonio, let him finish please. MR. RICCI: When we rejected the bids, at that time. MR. GAMBINO: Okay. MR. RICCI: They were discussed publicly and reported in the press at least twice that I know of, besides two advertisements. MR. GAMBINO: I want to ask you some questions about this. How many bids were put out on this? COUNCILMAN KENNY: He said there were nine bidders that picked up packages, but only one bid.

9

Tuesday, January 6, 2009 MR. GAMBINO: Who were the bidders? MR. RICCI: There was only one bid received this time. MR. GAMBINO: Only one bid? MR. RICCI: Yes. MR. GAMBINO: Just one bid, okay. MR. RICCI: It was a different bidder the first time. COUNCILMAN KENNY: And this was higher than the first bid. MR. GAMBINO: Let me ask you another question, who’s going to watch this company? COUNCILMAN KENNY: If I go over there to pick things up, I’ll see what happens. MR. GAMBINO: I mean, who’s going to watch them that they don’t make this a transfer point to bring in toxic chemicals into this township and in and out of this township? COUNCILMAN KENNY: We’ll be watching that. MR. GAMBINO: Oh, oh, you’re going to be watching that? I want to ask you another question, how many other towns have done this? MR. RICCI: Would you like an answer to your question? MR. GAMBINO: Sure, go ahead, I want you to answer a lot of questions on this tonight. Because I’ll tell you what, this is a really messed up deal that you’re putting down on the people; I’ll tell you. COUNCILMAN KENNY: Do you have a problem with us saving three quarters of a million dollars? MR. GAMBINO: You know what, first of all, I want to hear that out of his mouth. Let him say that. PRESIDENT YAEDE: Mr. Ricci, you have the floor. MR. RICCI: I wasn’t sure. Are we going to watch them, certainly we are. As I reported earlier this evening, we’re going to have an employee at the facility handling some of the recycled materials that will not be part of the contract. And we have Public Works Inspectors that we will have at the facility and the Department of Public Works will be supervising. MR. GAMBINO: Okay, I have another question for you. How come Rich Balgowan is not here tonight to answer any questions about this? MR. RICCI: He volunteered to come. MR. GAMBINO: Why isn’t he here? MR. RICCI: It’s my decision to make not yours sir. MR. GAMBINO: That’s your decision, it’s your decision? It’s not the public’s decision, though, right? It’s not the people of this town to know what’s going to be going on over there. MR. RICCI: You can ask any question you want, that’s why we’re here. MR. GAMBINO: Let me ask you this question, did you do an investigation into this? MR. RICCI: What does that mean? MR. GAMBINO: Just what it means, did you do an investigation? Did you investigate any other townships who have done this? MR. RICCI: Yes.

10

Tuesday, January 6, 2009 MR. GAMBINO: And who were the other townships? MR. RICCI: West Orange is the one I recall. MR. GAMBINO: All right, go ahead. MR. RICCI: Mr. Balgowan did the background work on this. I didn’t do it personally, but I know that he and the Mayor both visited West Orange. MR. GAMBINO: Just one town? MR. RICCI: I think there were others, I just don’t recall. MR. GAMBINO: You think, you think. Wait a minute, you’re hitting this town with this, you think, you’re thinking? That’s scary. COUNCILMAN KENNY: What’s your point? MR. GAMBINO: You’re thinking? MR. RICCI: At least I am. MR. GAMBINO: Let me ask you another question, doesn’t this company have a terminal up there in West Orange? MR. RICCI: What do you mean by a terminal? MR. GAMBINO: Well, don’t they have one in Brooklyn, Jersey City, West Orange, and Jersey City? MR. RICCI: I didn’t ask you the locations, I asked you what you mean by terminal. MR. GAMBINO: Well, if they have a facility there. MR. RICCI: Yes, they do. MR. GAMBINO: They do, okay. But you can’t recall any other towns, can you? MR. RICCI: I’ve already answered the question. COUNCILMAN MEARA: Madam President, if I can? Antonio, if I could just ask you a question. You’re being kind of combative. MR. GAMBINO: I have to, because you know what, you’re putting this. MR. GAMBINO: Because you know what, you’re putting this… COUNCILMAN MEARA: I’m just promising you that if you lay out a case, that this Council, if they have a question on something… MR. GAMBINO: I’m trying to lay it out; I’m trying to lay it out. COUNCILMAN MEARA: All right. MR. GAMBINO: Are you familiar with transfer points? PRESIDENT YAEDE: Who are you talking to Tony? MR. RICCI: I’m not sure of the definition. MR. GAMBINO: I thought you did an investigation into this company, you said you did an investigation. MR. RICCI: Again, I’m not sure what you mean by the term. MR. GAMBINO: A transfer point is when…

11

Tuesday, January 6, 2009 MR. RICCI: If you’re talking about a transfer station, yes I am. MR. GAMBINO: Ok transfer point, same thing, transfer station, transfer point. MR. RICCI: I want to make sure I understand. MR. GAMBINO: It’s when a company… It’s done out in Ohio, where they used the town. They used the town to bring toxic chemicals in and transfer them, and drop them from… transfer the trucks. They brought them into the town and then another truck came to pick it up and took it out. That’s a transfer point. Do we know that this is not going to be happening? MR. RICCI: That would be illegal. MR. GAMBINO: It would be illegal, but how do you know it’s not going to happen? MR. RICCI: Because it’s a very small facility, centrally located. MR. GAMBINO: So is the one in Ohio, it was very small that’s how they got away with it. COUNCILMAN PONE: Tony, you’re speculating. COUNCILMAN KENNY: Was it this company? Were they the ones involved in Ohio? MR. GAMBINO: Let’s just put it this way, this company has been around, Reliable. COUNCILMAN KENNY: But do you know of anything that’s a problem with the company? MR. GAMBINO: Not yet, but there probably will be. COUNCILMAN PONE: Madam President, if I may, Tony, do you mind if I ask one of the gentlemen that owns the company? MR. GAMBINO: The guy with the cowboy boots? COUNCILMAN PONE: I’m going to ask him a direct question, on the record for you. MR. GAMBINO: The guy with the cowboy boots? COUNCILMAN PONE: If you don’t mind. COUNCILMAN KENNY: No, I don’t know any of these people. COUNCILMAN PONE: All right, is someone here tonight from Reliable Wood Products? Would you mind coming up to the microphone? MR. D’ADONNA, Representative from Reliable Wood Products: One of us or both? COUNCILMAN PONE: One of you. PRESIDENT YAEDE: Antonio, I’ll ask you to take a seat please. You can come back. You can come back. COUNCILMAN PONE: Madam President, I apologize, but I want to get this over with. Tony’s insinuating a lot of stuff. I just want to solve it. PRESIDENT YAEDE: If you can just state your name for the record. And I will ask Antonio, if you can please withhold your comments? He does have the floor. PAT D’ADONNA: I’m the Director of Operations for Reliable Wood Products. COUNCILMAN PONE: Madam President? Sir, are you going to conduct any illegal activity on this property while you’re under contract? MR. D’ADONNA: No. COUNCILMAN PONE: Are you going to do any transfer of toxic chemicals through your business?

12

Tuesday, January 6, 2009 MR. D’ADONNA: No. COUNCILMAN PONE: Thank you. COUNCILMAN KENNY: Mr. D’Adonna, how many other sites like this do you operate? MR. D’ADONNA: Twelve. COUNCILMAN KENNY: You have twelve of these already? MR. D’ADONNA: Twelve sites. COUNCILMAN KENNY: Where are they located? MR. D’ADONNA: We have sites in Cranbury, West Orange, Jersey City, Deerfield, White Township, Ledgewood, Springfield, and Union County. And we have one in Brooklyn, and we have one in Bethlehem, PA. VICE-PRESIDENT GOODWIN: How do those municipalities monitor them? MR. D’ADONNA: How they monitor us? They usually bring someone in once a month, an outside consultant that will come in and check. Also, the DEP has jurisdiction over any site, as they do with the site you’re running now. And when they see that an outside company is running, they actually watch it even more. They’ll watch us more than they would watch you. We’re there to make money, so they’re going to watch us a little bit more. We’re more under the microscope than you’ll be under, and we know that. PRESIDENT YAEDE: The question I have for you is just for the public’s clarification, is any services that they are getting now, and is the materials that you accept the same quality you will provide them? MR. D’ADONNA: No, they’ll be better. PRESIDENT YAEDE: Thank you, good answer. COUNCILMAN MEARA: Madam President, if I may? Have you been fined by the DEP which is not necessarily a bad thing. MR. D’ADONNA: Yes. Any major violations… They’ll give you a major or a minor violation when they come. Everything has already been settled with. COUNCILMAN MEARA: With any of the municipalities that you’re in presently or you’ve been in, have you been released for anything other than you wanted to go for a new contract, anything that our residents should know about? MR. D’ADONNA: No. Actually, we just had our West Orange, we were there for four years and we just re-up’d and won another three year with a two year option. COUNCILMAN MEARA: Thank you Madam President. PRESIDENT YAEDE: Antonio, you may approach. MR. GAMBINO: You know there was a key word that I didn’t like there. He said, usually. Usually, usually, they watch; usually. Here’s another thing that I don’t like. They’re going to be selling mulch and whatever types of supplies for gardening and stuff, right? Did you ever stop and think that you’re going to hurt the small business owner of this town; the one that does sell it? Did you ever stop and think about that? No. COUNCILMAN KENNY: Well, are we hurting them by running the facility now since you can go get it now since citizens can get it now? MR. GAMBINO: You’re gonna hurt them. COUNCILMAN KENNY: It’s another business coming into town. MR. GAMBINO: Yeah, a business that some of the residents probably don’t like and don’t want. COUNCILMAN KENNY: Then they won’t use it.

13

COUNCILMAN MEARA: Madam President, can I ask Antonio a question? Antonio, just trying to cut into the chase. Is there any business or anybody that said something to you? MR. GAMBINO: I’m not going to go into that. COUNCILMAN MEARA: I just wanted to know, remember we had that issue when Home Depot came in, like the Yardville Supply and Hamilton Supply were concerned how it could hurt them. So if there is direct, I guess from local businesses that we should talk to before… MR. GAMBINO: I think you should go out and talk to them. That’s what I think and I don’t think that you should vote on this tonight. Because I’ll tell you what, if you vote on this tonight, you’re going to lose all respect from me. I’ll tell you right now. I’m not finished, I’m going to tell you something else too. Rule number 13, in my black book, you know what it is? You inherit what you throw away. AUGUST SCOTTO, Mark Twain Drive: I’d like to refer to the Constitution. Everyone is innocent until proven guilty. PRESIDENT YAEDE: Antonio, Augie has the floor. Antonio, that is unacceptable. MR. SCOTTO: That’s something that Mr. Gambino should think about when he opens his mouth about anyone, he should be able to prove them guilty or not bring up those accusations. I wish he wouldn’t do that. PRESIDENT YAEDE: Augie, on the resolution please. LEE SMITH, Richmond Avenue: I am one of the owners of Yardville Supply Company. My family has been around here for fifty years, the Smiths have been around for three hundred years. We’re also parallel to the Kusers and the Klockners, in started things around here. I don’t have problem with Reliable, not at all, but we are a small business. We do sell stone, mulch. They do sell stone; I looked up their web site. It was I the newspaper, which you also gave them free publicity on. I don’t think we’ve really gotten a lot of free publicity. Matter of fact, the one thing that I get irritated about is the (4x8) sign in front of our house at the five points, that we paid money to put a sign up, and then the township put a sign in front of that. You never said anything about that and it’s been there for three or four years. So I am irritated, agitated, I don’t want to be thrown out of here. But we are a small business, we do produce mulch, we buy it; probably buy it from Reliable. But they are going to produce, sell things, sell stone and bring stone in. You don’t have stone. You bring topsoil in, if I’m correct in your web site. They’re going to sell stone dust which we sell. We were in the middle of trying to get a recycling contract which we had to go through to DEP for, which has taken over two years and we still don’t have it and they’re able to come right in. I don’t think it’s fair. When you open up one of your schools and I can open up a Wa-Wa or Burger King in one of the classrooms to make money; or I’m allowed to put a lawyers office in the police station, that’s a public area because that’s a township building, then let me know and I’ll move over there. I don’t think I’m going to be able to handle the township much longer. Thank you. PRESIDENT YAEDE: Before you leave can I ask you about the sign? Mr. Ricci, can you look into that? You’re saying we have a township sign? MR. SMITH: Do you ever go to five points in Yardville? PRESIDENT YAEDE: Yes. MR. SMITH: Right between the gas station and the… MR. RICCI: Yeah, I know where it is. MR. SMITH: There’s a sign there. MR. RICCI: It’s been there for years, I just assumed… MR. SMITH: Everybody assumed, that’s the whole problem. PRESIDENT YAEDE: Obviously, it’s an issue for you. MR. SMITH: We pay $500.00 a year to have that sign on the property, Yardville Supply. In front of it, there’s a Route 130 sign, there’s a 206 sign. Now, there’s a (4x8) Hamilton Township sign. You can only see a half of that sign because all of the other signs in front of it. And I come to the township, and I ask to put pavers in or concrete at the time, on the corner. Well, it’s township and it’s county. Not only do I have to go here, but I have to go to the county to get a variance. And you know why I have to get a variance, to go around the light box that I didn’t put there. I got to spend $10,000.00 to put a side walk in. You people have to do something different. You’re not helping the businesses at all.

14

PRESIDENT YAEDE: Excuse me, Mr. Ricci, can you look into that, and get back to him? If you leave Mr. Ricci your information. EVERYONE SPEAKING AT ONCE: MR. SMITH: You got to be nice people, but apparently you’re not, because you’re now going to open up privatism all through the township. MR. RICCI: Let me ask you a question, Mr. Smith. Why didn’t you bid? MR. SMITH: What? MR. RICCI: Why didn’t you bid on the contract? MR. SMITH: We can’t bid on that. We can’t open there. We can’t handle that job. But you’re opening it up on township property. A spot that, number one it’s all toxic underneath it. It’s the only thing I do understand with Mr. Gambino is it’s a dump. I mean, you’re allowing a business to be run on there. I couldn’t do that, I don’t think I could even buy property that was like that and put a business on there, but you’re able to do it. COUNCILMAN KENNY: They’re taking over what is currently being done there and the township… MR. SMITH: But you’re going another step further. Are they going to be selling stone? MR. D’ADONNA: Yes. MR. SMITH: Are they going to be selling stone dust? MR. D’ADONNA: Yes. MR. SMITH: Are you going to be selling colored mulch? MR. D’ADONNA: Yes. MR. SMITH: Do you sell colored mulch now? MR. D’ADONNA: No. MR. SMITH: Do you sell stone dust? COUNCILMAN KENNY: We don’t sell anything yet. MR. SMITH: And where does it end? That’s what my point is. Where does it end? Are you going to continue to sell railroad ties? Are you going to sell four by (4x4 – 6x6) posts, are you going to sell sheds? MR. RICCI: No. MR. SMITH: Where does it end? PRESIDENT YAEDE: He has the floor, please. MR. SMITH: That is a very big area; it’s like a mile by a mile, technically. COUNCILMAN MEARA: Madam President, if I may, so basically, what you’re saying is when Home Depot does it or Lowes does it, by industry, they get the license, but let’s say for a better sense of the word, sanctioned by the government and you the taxpayer, it’s a real kick in the pants. MR. SMITH: I think, to me it is. Can I open a Burger King in Reynolds Junior High School? Can I have a lawyer’s office in the police station? MR. RICCI: If they put it out to bid, you can, yes. MR. SMITH: Well then when they go out to bid, then I would like to do that. But that’s my point, you’re opening the barn door. MR. RICCI: But. MR. SMITH: There’s no buts, that’s the way it is, you’re opening the barn door to privatization. MR. RICCI: Right next to it, we had a golf center for years. We went out for a private contract, through a bid, awarded to run the driving range, get golf lessons, miniature golf same thing.

15

MR. SMITH: But that’s not the point. MR. RICCI: I know, because that’s not your business. MR. SMITH: No, no, that’s not the point, and let me correct you with that. You did not run a golf business before that. Did you have a driving range there before? Did the township run a driving range? MR. RICCI: Are you saying that the township should not be in the business of the private sector in allowing private people access to township land to run a business, that’s what your point is. MR. SMITH: You’re going from a recycling center to a landscaping center, that’s what you’re going from. MR. RICCI: We’re adding to it it’s still primarily a recycling center. MR. SMITH: Well, that’s the difference between the government and the private sector. COUNCILMAN MEARA: Madam President if I may, John, we looked at the contract that you provided us. If they were to go do this, land owned by Thompson (indiscernible - 1:26:02) would they be getting that location to operate on, although the payment is $108, 000.00 a year; are we getting the township operation cheaper than if they had to go do it somewhere else? Understand what I’m trying to say? I use the word sanction, but are we doing anything to lead Yardville Supply to believe that they’re getting a better deal than if they had to go buy land like Home Depot did or buy land like Lowes, and do it on our own. MR. RICCI: In essence, we’re renting the land. We put it out to bid so we can be assured we’ve gotten the best value for that and best price for that. And we’re taking over the facility that’s already permitted by the DEP has all ready permitted use. If you were going with the vacant land that didn’t have such a facility, there’d be start up costs. COUNCILMAN MEARA: Much more investment then. PRESIDENT YAEDE: Mr. Ricci, will you follow up with the sign with this gentleman? MR. RICCI: Yes. PAT D’ADONNA, Reliable Wood Products: I didn’t want to leave it he’s thinking we were coming in to knock out small business because that’s not what we’re here for. We’re here to take care of the recycling center for the town. It’s not only what we bid on, it’s also all the mulch and everything that we produce that the town residents are getting for free, that all has a value. We’re not charging them because they never were charged before, but now we’re going to be making it. We’re going to be manufacturing it, we’re going to be turning compost, and we’re going to be doing all of that. That all has a value so it’s not only the amount of money that we’re paying. It’s the amount of money we’re going to give to the town, the amount of material we’re going to give to the residents, the amount of material for nothing that’s going to go to the town; that all has to be included in it. And if any of the small businesses have a problem, we have no problem with them coming up to us and saying, we’re going to be your direct competition, you’re in the town, what’s going on? We sell to Home Depot; we sell to some of the larger places. We have no problem talking to a local businessman and giving him a better deal, that’s anybody in the township. If they’re in the host town, we will talk to them and give them a price that a Home Depot gets, which he can’t possibly be getting from anybody else. VICE-PRESIDENT GOODWIN: Will you have a salesman that can call upon there? MR. D’ADONNA: With out a doubt. Or he’s welcome to make an appointment with me; I’ll leave the cards here, whatever he needs. We’re here to be a part of the… VICE-PRESIDENT GOODWIN: I think it would be a good neighbor that you should reach out. MR. D’ADONNA: Exactly, and we would gladly to do that, because we want to be a part of the community. We don’t just ride and take what we can. We want to be a part of the community. We will work with the community any way we can. COUNCILMAN MEARA: Yes, a question for you, I’m just not understanding this right. Right now, if I go to Yardville Supply and have them drop stone at my house for gardening or whatever, or mulch, red mulch my wife prefers red. At the ecological facility it’s just that basic black mulch, but if you start producing colored mulch there, you’re saying as a resident I can come get the colored mulch? MR. D’ADONNA: You’ll be able to pick some up at a cheaper price probably than what he sells it for, but I won’t deliver it. I’m not going to have small trucks there; we’re more of a bulk company. We sell to larger garden centers, to communities, we sell to Home Depots. COUNCILMAN MEARA: So the basic mulch, the black mulch is there right now.

16

MR. D’ADONNA: The organic mulch that’s free. COUNCILMAN MEARA: That we can just come pick up. MR. D’ADONNA: Correct. COUNCILMAN MEARA: But if we need the colored mulch, or something else, the residents are going to have to pay a cost for that. MR. D’ADONNA: Exactly and hopefully, it will be at a less of a cost than they would if they had to go to the garden center. But it’s only because they’re there regularly. If you’re going there and you’re dropping off your recyclables, and you see something that you want and you’re there we make it convenient for the residents to pick up something. But by no way do we want to put them out of business either. So we will approach local businesses and see if we can help them in some way. COUNCILMAN PONE: Madam President if I may? It sounds like also, you’re dealing mostly in wholesale. And you’re not providing the kind of service that Yardville Supply can provide in terms of manpower. Not only delivering stone and mulch, but perhaps hiring people to lay it out. You’re not doing any of that? MR. D’ADONNA: No. COUNCILMAN PONE: It’s going to be there if somebody wants to pick it up. MR. D’ADONNA: It’s basically going to be there if somebody comes in commercial. If you have a landscaper or someone to that effect that’s coming in. COUNCILMAN PONE: Okay. MR. D’ADONNA: It’s not really for residential. We’ll offer it just as a perk for residents. We’re not going to be selling hammers and (4x4’s) or anything like that. It’s basically set for commercial. PRESIDENT YAEDE: Thank you. HAROLD HAGER, 364 Lakeside Boulevard: I didn’t know there was going to be such a commotion on this; I made a couple little notes. One of the notes was the source of the stuff that’s going to be brought into that facility? Now, does the contract stipulate what stuff can be brought into that property with the township as owners, does it specify? PRESIDENT YAEDE: I believe so. Mr. Ricci, it’s in the contract, correct? MR. RICCI: Yes. MR. HAGER: Yes, but what does it say? Specifically, I want to make sure that Council knows what stuff… I don’t want to hear it from… Somebody’s got to read the contract and say what stuff is coming in there. Not hearsay. MR. RICCI: Stuff is a legal term, I’ll ask counsel to respond to that. MR. BURBAGE: What is the question? PRESIDENT YAEDE: The question is, what is exactly in the contract, what stuff can be brought in. MR. BURBAGE: It specified in the contract, I know not to make light of it, someone used the word stuff and it’s the same exact center, the only difference is they will be expanding what they have there. It’s stone, mulch, landscaping material. COUNCILMAN KENNY: As a town resident I can take my leaves, my stumps from my yard, branches, whatever you can take currently. MR. HAGER: That’s stuff that probably comes out of our township. They can bring it in from wherever they please. COUNCILMAN KENNY: No. MR. HAGER: Where can they pick up, only in our township? COUNCILMAN KENNY: They’re going to check the Id’s of people, driver’s licenses like we do now to make sure you’re a Hamilton resident to get mulch and other things, and same when you drop off.

17

MR. HAGER: I’m not talking about that, I’m talking trucks that come in and out of the facility. They have a terrible problem in Trenton with the materials that was picked up at the Ford Motor Company. They were brought into Trenton and were building a new school. And it cost them millions of dollars because they filled in with that material they had brought down. They had to abandon the site because of what was brought in. Now, I think we know that the township operates this site. It’s material that’s picked up in our township. But the township residents that bring material in and township residents that take material out. Now we don’t know what’s coming in when another truck comes in. COUNCILMAN KENNY: How do I know when a township resident pulls up, what’ he’s dropping off? MR. HAGER: That’s why we have our operators there. That’s why we have six employees. Now we’re taking our employees out and you’re saving money taking these employees out, positions that you’re putting them in, you have to go and redo your budget? Or does the state allow you to increase your employees because you’re filling vacancies. Do you have approval from the state? Let me finish the question please. Do you have approval from the state to fill those six positions? MR. RICCI: We don’t need approval from the state, they’re already here. We’re eliminating positions, not filling them. MR. HAGER: No to fill the vacant positions. MR. RICCI: We’re not; we’re eliminating those vacant positions. That’s what it’s called. That’s how you do the budget. They’re eliminated; they’re not added they’re not filled. COUNCILMAN KENNY: We’re taking these employees from there and moving them to other areas. And we’ve had six vacancies that we don’t have to fill now because we don’t need people working at the recycling center. MR. HAGER: Well, you couldn’t fill them anyhow by the State. COUNCILMAN KENNY: We’re not filling them. You mean, we could, but we’ll never have to now. MR. HAGER: Well, you could have saved us taxpayers those six positions. MR. RICCI: That’s what we’re doing. MR. HAGER: You’re filling vacancies. MR. RICCI: No, we’re not. MR. HAGER: Oh okay. COUNCILMAN KENNY: We’re not doing anything but we’re eliminating. MR. HAGER: Next question please. I didn’t come up here to argue with anybody. PRESIDENT YAEDE: Is it on the ecological facility? MR. HAGER: No, I’m not arguing with anybody I’m trying to ask some questions, to make you ladies and gentlemen think. That’s what I’m doing. I think to myself it’s a bad move. I’ve seen these companies, not this particular one. And I have no reflection, I don’t even know them. But do you know they’re going to be in business tomorrow that they don’t sell out? Do they know somebody else that we don’t know? I don’t know the answer to this. I don’t know if they’re brown fields where you have your existing site. And I don’t know if DEP inspects you and grants you that knowing the conditions under your operation and that you’re going to have them trucks from Hamilton Township come in there.

I’m just concerned about contaminated materials today. It happens in the slickest ways. Everything is all signed, sealed and delivered. We have a nice quaint operation that’s very efficient. May not be cost effective, or it may be. But I’m concerned; I think you should really think twice. When the small contractors close their business I see it because I was in years ago when something Purina Feed. They use to have ten thousand chickens and very cheap feed. And then they got ya’ all built up then they up’d the price of the feed. Now these people, when the local ones can’t stay in business anymore; look at the buildings that are vacant around the township, these small shopping centers. Look at the Pathmark, there on Broad Street; vacant; the gas stations, contaminated, vacant. I mean, this is no big deal; we’re not making that much money. Think it over; put it off for a little bit. COUNCILMAN MEARA: Madam President if I may? John, I looked at the backup material, do we have any numbers in… I’m going to call them trips, because I’m sure we don’t know how the residents use it but residents probably use it multiple times, but do you know how many trips that our ecological facility, if that’s the measurement we use, gets from township residents, that’s number one.

18

Number two is this is probably a question for the gentleman out there. At a maximum build out, you’re operating at a maximum there. What would be, based on your business model, how many customers or residents they would… The number is pretty significant. I just would like to know if the facility is going to be able to handle that? So there must be a number that we know of the residents or how many cars can be there in a month or how do they measure it. But because this is going to be expanded so to speak, I’m wondering if the business people here that are awarded the contract tell us what they’re projection is as far as how used that’s going to get. MR. RICCI: Rich Balgowan has that. ANTONIO C. GAMBINO: I want to ask a couple more questions here, who was behind this? Who brought this deal, plan? Who was this? MR. RICCI: Rich Balgowan. MR. GAMBINO: I’d like to know why he’s not here tonight. I’d like to hear from him. It seems like he’s hiding. Who did he propose this plan to? MR. RICCI: I already covered that earlier this evening. MR. GAMBINO: To who? MR. RICCI: In my presentation to Council. MR. GAMBINO: I’m sorry, I didn’t hear it. COUNCILMAN KENNY: It was brought up when Mr. Guhl was here that this was something that the Mayor and Mr. Balgowan… MR. GAMBINO: Mr. Guhl is no longer here, I mean… COUNCILMAN KENNY: Because it continued. That’s how long ago, it was being investigated. I’m always amazed that every time you try, everybody says Oh man, cut taxes, keep expenses down. You never stop to try to do it. I mean, this is significant; this is $750,000.00. We’re not talking about $7,500.00. MR. GAMBINO: I don’t’ like how it’s being pushed down. And you got a lot of… COUNCILMAN KENNY: I don’t know how it’s being pushed Tony. MR. GAMBINO: You could have a lot of ecological problems here. I mean, who’s to say. I mean, you don’t know what this guy is going to do; it’s unpredictable. I mean, you’re just going to take somebody’s word. That’s like a guy coming in with a medicine show and selling snake oil to the people, and they all drop dead. You know what I’m saying? You want to vote on something like that? COUNCILMAN KENNY: They got a track record. MR. GAMBINO: I’m really worried about the quality of the air, too. I mean, if trucks are going to be coming in, and dropping stuff, I’m worried about the quality of the air. I think we had a problem before in this township with the quality of the air where it had to be tested out on Hughes Drive. Didn’t it? MR. RICCI: No. MR. GAMBINO: No? COUNCILMAN KENNY: I never heard of that. MR. GAMBINO: No, well oh yeah, it was. I got to get something off my chest here. You claim that this is going to save the township a lot of money, correct? I want to hear this from him, Mr. Ricci. MR. RICCI: I put it in writing, yes I did. MR. GAMBINO: You put it in writing? You said the same thing about Manex, too, and that company was a fraud. MR. RICCI: No, I didn’t say that. MR. GAMBINO: Yeah, you did. PRESIDENT YAEDE: Thank you Mr. Gambino, please be seated.

19

CHRIS TESSEIN, 231 Churchill Avenue: Madam President, congratulations. PRESIDENT YAEDE: Thank you. MR. TESSEIN: I have a question through you Madam President. Do they handle any other type of goods besides the landscape products, i.e. stone, and that type of product? The company that handles waste or any type of construction debris? PRESIDENT YAEDE: Mr. D’Adonna? MR. D’ADONNA: No, well paper. MR. TESSEIN: My next question is we say that they’re going to be using other stuff that’s going to be coming in from township disposal. I guess township residents and I guess township contractors, is that correct? MR. RICCI: No. MR. TESSEIN: At the time of mass production when we start selling to wholesale and the contractors come in. At this time, if there isn’t enough resources coming in from the township, where will those resources start coming from? MR. D’ADONNA: From any of our other facilities in the area. If we felt that there was a need to bring in more material, we would bring it in from our other facilities. And all our facilities are DEP approved, all the material that comes into this site, or any other site has to be DEP approved. We only handle vegetated yard waste which is what that facility does. Also, I think its clean palates, is on your permit and source separated clean wood. So there would be no telephone poles, no painted wood, no creosote wood, and no treated wood. That’s at any DEP approved facility. And we do intend to bring material from landscapers. And that’s really something that we don’t know if you’re bringing enough stuff in. So we’re trying to increase that. PRESIDENT YAEDE: Okay thank you. MR. TESSEIN: Following that, there’s testing to be done in the soil. If we have contractors or landscapers that are currently going to be working in the area, dropping soil into the ground, it moves from a residential type of thing to more that a contractor can come in and dump soil. How will we know and who is going to follow the policy of DEP to check the soil that local businesses can bring in and checking the soil? Is there going to be someone doing analysis on soil that’s getting dropped by contractors and testing the soil? PRESIDENT YAEDE: Mr. Burbage, would you like to respond to that? MR. BURBAGE: The DEP monitors not only our facility, every facility. As Mr. D’Adonna indicated earlier, they’re going to give them more scrutiny than they do to us, plus we’re going to have our own people. We’ll have inspectors out there making sure there’s nothing irregular. It’s not that big of a site that they can start bringing in all kinds of toxic waste or use it as a transfer station or waste facility. As far as the soil is concerned, DEP monitors that. Plus anyone who drops off that type of material will be questioned as to where it came from. MR. TESSEIN: Are you going to do benzene tests, and providing analytical logs on soil that is going to be dropped off? MR. RICCI: It’s required by the DEP. MR. TESSEIN: I know it’s required by the DEP, but here’s my question. I work in construction, when we start doing foundation work and we’re doing a foundation, we have analyticals provided to us by the contractor we’re working for. Those analyticals are put on record prior to us taking them to the transfer station. My question is we’re going to have contractors possibly that are going to be dropping off, possibly contractors. (1:46:06) My question is, are they going to be testing the soil that is being dropped at our facility? COUNCILMAN PONE: I can answer. Madam President, if I may? PRESIDENT YAEDE: Certainly. COUNCILMAN PONE: We have an ordinance, in fact, that if it’s construction on a property in Hamilton Township, when Tom, Dave and I… I don’t know if you were here yet, but we created an ordinance that tests soil being removed from construction sites and being brought into them. It’s interesting no one questioned that, because contractors do that too. In fact, it happened in Hamilton Township. A contractor brought in fill for a water loop and it was contaminated. And I don’t remember anybody coming up and questioning that at the time. But it can happen just as easily that way as it can there way. It can happen accidentally, I’m sure. I’m sure, it does happen. DEP regulates it, we have an ordinance in place in Hamilton Township that requires anything brought off site, a construction site, has to be tested before it’s trucked off site.

20

MR. TESSEIN: I agree with you. And I’m not questioning their capability, I’m basically questioning are we going to be doing testing daily or weekly if this is being brought in? MR. RICCI: …except when it’s brought in. Once it’s been done, you don’t need to keep doing it daily. MR. TESSEIN: That’s fine. MR. RICCI: It would be ridiculous. MR. TESSEIN: Mr. Ricci, I sense a little aggression. I’m just asking a question; I’m trying to find out at the end of the day, who’s going to be keeping the analyticals and recording everything that’s going into that facility, now that we have someone else involved here? MR. RICCI: The operator of the facility. MR. TESSEIN: And where’s the township’s liability in recording these analyticals? Are we going to keep track of what’s being brought in? MR. RICCI: They will report it to us and to the DEP. COUNCILMAN MEARA: If I may Madam President, Chris, I think you might be under the wrong assumption. Right now, John, the contractors aren’t allowed to bring stuff there, it’s just residents, right? MR. RICCI: Correct. COUNCILMAN MEARA: That’s not going to change, right? Contractors aren’t going to be bringing stuff? MR. RICCI: No. MR.TESSEIN: Yes they are. That’s my question. MR. RICCI: That’s how you’re going to increase the volume. MR. TESSEIN: That’s how you’re going to increase the volume. That’s why I’m asking these questions. You now are going to have contractors coming in, and as every site that’s getting (1:48:21) involved in the township. And are we going to e receiving analyticals? COUNCILMAN KENNY: You’re only going to take top soil right? MR. D’ADONNA: Any dirt from a construction or any site, even from a residential house. Anything that’s dumped at any of our sites has to have an analytical with it. If it doesn’t have an analytical, we don’t take it. Once we have the analytical and it’s read, and it goes through everything, then we accept it. We don’t accept anything without an analytical. You have a pile of dirt in the back of the site right now, does anybody know what’s in there. Are they all tested? Has it been tested everyday, every week? When I was there, I stood there for a week and sat in my car. No one from the town came up to me, no one asked me who I was. And I saw trucks dumping. So I mean, this will actually be better, once we’re there because we can’t do that. We have to have an analytical for everything that’s dumped because we take fill dirt and mix it with our soil that we sell to, like I said, large companies. If it’s contaminated there, it gets contaminated right down the line. It goes into your top soil, and your gardens and everything else. And we can’t afford to do that. As a private company, as a municipality, we just can’t do it. So we’ll have more safeties in place than you would have. MR. TESSEIN: No, I understand. I just want to make sure that we’re going to have a chain of command on analyticals. And I think the township should be involved in this. I think we’re leasing out land out to a company which I’m not against, if we’re saving taxpayers’ money. But however, there needs to be a chain of command on paperwork. It’s very easy to leave stuff behind and then someone else be responsible for it. MR. RICCI: Chain of command? MR. TESSEIN: Chain of command in the sense that who’s going to be in charge at our place and then we’ll run into the chain of custody. Who’s actually going to monitor them? Are we going to have a guy sitting in a truck to make sure they’re doing the right thing? And then you’ll have a chain of custody with your paperwork. You should have paperwork boxes with every analytical that’s filed there should be filed here. MR. RICCI: We’ll have it. MR. TESSEIN: Thank you. PRESIDENT YAEDE: Thank you Chris. VINCENT CAPODANNO, 4134 South Broad Street: Congratulations.

21

PRESIDENT YAEDE: Thank you. MR. CAPODANNO: Kevin, you didn’t make it? You’re not a rubber-stamp, Kev.

Was there any other bid? COUNCILMAN PONE: Madam President, I would just like a point of order. MR. CAPODANNO: Okay, point of order him a couple times, too. Was this the only bid? MR. RICCI: Yes. PRESIDENT YAEDE: Antonio! MR. GAMBINO SPEAKING FROM AUDIENCE: Yeah, I know you’re gonna throw me out, I’ll leave anyways, let me go. COUNCILMAN KENNY: This is the second time it was bid. There was one bid each time. MR. CAPODANNO: Was the pay-to-play checked out with this company and everything like that? MR. RICCI: It was an advertised bid, it doesn’t apply. MR. CAPODANNO: It doesn’t apply at all? MR. RICCI: No. MR. CAPODANNO: I was only checking because it was under certain statute. Nothing was checked out with this company, they can’t make donations or anything like that? PRESIDENT YAEDE: As far as Pay to Play? MR. RICCI: Pay to play doesn’t apply. MR. CAPODANNO: So, because it doesn’t apply, the company wasn’t checked out at all with donations and all or anything like that? So you don’t go with (1:52:12) you just go with what the law states? MR. RICCI: Yes. COUNCILMAN KENNY: I’ve never heard of these people before. MR. CAPODANNO: And this is the only bid? What happened to that other company that came in, Britton or something like that? MR. RICCI: We did cover that earlier in the meeting, Mr. Capodanno. But their bid was rejected, it was several months ago. It was discussed then and I spoke about it earlier this evening. MR. CAPODANNO: And what was the reason why they were rejected? MR. RICCI: Because they have pending DEP violations. MR. CAPODANNO: And this company here has no DEP violations or nothing? MR. RICCI: No and we also felt that the price offered by the prior bidder was not as much as we could have gotten and so we rejected the bid and readvertised. MR. CAPODANNO: How long was it advertised for? MR. RICCI: The requirements under the contracts law. COUNCILMAN KENNY: I think it was nine bid packages were picked up. MR. CAPODANNO: All right, thanks. HAROLD HAGER, 364 Lakeside Boulevard: Can I ask my question about what stuff is going to be brought in? I really wanted you to consider what stuff is going to be brought in. Now, didn’t the DEP require a different type of license or permit if you change from the existing site to what you plan to do?

22

MR. BURBAGE: They are only going to be allowed to conduct the business that is permitted there currently. And that’s all they intend to do. And they’re likewise licensed and permitted by the DEP. And that’s all they intend to do. And they are likewise permitted by DEP, and that’s all they intend to do. If they go beyond that, then DEP will certainly address that. MR. HAGER: I’m just asking, if they’re going to truck in material that they’re not permitted but not required by a permit to do. We were allowed to truck in certain things and handle certain things. And I’m just saying when you give a local site utility that’s a commercial operation that’s bringing in stuff; do you need a different DEP permit? MR. BURBAGE: As long as the stuff is not… MR. RICCI: No, if you bring in the same stuff as before, no. That’s what he said. MR. HAGER: But you’re not bringing in the same stuff. COUNCILMAN KENNY: He said vegetative material. MR. HAGER: Do you bring in mulch? MR. RICCI: Mulch, that’s vegetative material. MR. HAGER: Just what is it? I don’t know. See I don’t know and I don’t know if that’s just what you’re going to bring in. MR. RICCI: I don’t know how else we can say other than only what is permitted under the licensing permit we have to operate the facility can come in there; nothing else. We said it over and over again. I don’t know how else to tell you that. If you don’t want to believe it, I can understand that. That’s up to you, but we’ve answered the question. MR. HAGER: Okay, I won’t ask that question again. I’ll state to my opinion, and my opinion is that you should not bring a commercial operation in because that’s part of the Morton Tract, is that? MR. RICCI: It actually was part of the Morton Tract; this was the old town landfill. MR. HAGER: Okay. I don’t think you should bring a commercial operation into the old township landfill. I think you should keep it local, just like we have it. We have enough trouble with expansion of the township now that we really don’t need. And I think we should just stay with the way we were. I never heard a complaint at all. When things get and we have a dry spell and you get a lot of dust from a lot of trucks. I don’t know what’s going to happen, but right now, you don’t have a problem. And I think you’re opening up yourself to a problem. Thank you. PRESIDENT YAEDE: Thank you Harold. COUNCILMAN MEARA: Madam President, I know you’re ready to call the roll. I just thought that there was enough presented tonight that if there’s support by Council to table this. Number one, I think that Mr. Balgowan here might answer some questions. My concern about the increase in trips that there is and I don’t know what the trips are right now. But at maximum, what it would be? What impact that would have? In addition, an opportunity to speak with small businesses, just get a little better understanding. And finally, I was contacted by someone; I guess who thought it was pretty much done because he didn’t bid on it. But this was a new gentleman. I have enough concerns that maybe we can get some more answers if it was tabled. Obviously, if there’s not support by the Council and you want to go through with it and vote. COUNCILMAN KENNY: I would prefer moving ahead tonight. I haven’t heard anything troubling me. This is a creative solution. We’re faced year to year with a fiscal crisis. We’re still digging out of a hole here. We have an opportunity to save $750,000.00 and probably give our residents better service at the ecological facility. It takes the monkey off our back of this ecological facility. I applaud the Mayor for this innovation and I’m fully in favor of it. I’m not prepared to say that we should keep spending $750,000.00 of taxpayers’ money. COUNCILMAN MEARA: That’s not what I’m saying Dave, I was just saying that there were some concerns raised. As you know, everything we do here is balanced off money that we spend, what we save. Also based on township quality of life and I’m just saying that I didn’t get an answer, there wasn’t an answer provided as to what the facility would increase to and is the facility having the ability to handle it? So I’m just balancing, I want to save money too. But we just balance and ask questions. Are we under a time limit or when this has to be adopted Mr. Ricci? MR. RICCI: No, you’re not under any legal time limit, but the longer we delay, the less opportunity we have to save money.

23

COUNCILMAN PONE: Madam President, if I can ask one of the gentlemen from the company, one question based on Councilman Meara’s thought. PRESIDENT YAEDE: If you can approach the… COUNCILMAN PONE: Do you have any doubt at all that you can handle… I’m sure you had to do some sort of estimation, calculation on what comes in there? What will come in there in addition to what comes in now? I’m sure you had to do that. MR. D’ADONNA: Do we have any doubt if we can handle it? COUNCILMAN PONE: That was Councilman Meara’s question, I think. MR. D’ADONNA: I don’t think that’s his question. COUNCILMAN MEARA: My question, when you build up the maximum, can we say we’re receiving two hundred trips a day because I don’t know what the number is. Do you know what your maximum would be is how many customers, including contractors in trucks. Is it equal to what we’re doing right now, do you see increasing? Is it significantly or modestly? MR. D’ADONNA: We would be happy with a hundred customers a day which I don’t see that happening. But that’s what we would be striving for. And that’s a goal that I don’t think would happen for a year or two because we would have to advertise it. Now residents come in car traffic, is negligible. The amount of trucks that you have in, are probably town trucks, and I did see some contractors coming in. Whether they were contractors that are contracted for the town or not, I don’t know. They do have truck traffic in and out. We saw tractor trailers coming in and out, pulling out loads of first grind material. We saw roll-offs coming in and out dumping stuff. So you do have some commercial activity there, somehow. I don’t know how, but I saw it there. So I don’t know what you’re doing right now, and that I haven’t seen, but we would be happy with a hundred a day. MR. RICCI: What I think he is describing is some of the non-vegetative waste that comes through there and recycled. But there’s a trailer where all tires would get dumped and when the trailer fills, they go out. There are some other things that at this point, we are not able to recycle there. I think they will be, such as grass clippings. We’re going to have to pay for some of that to go off site. And that was figured in the calculation. Our dumpings from the street sweepings also are going there, when they had the landfill. Most of the volume for residential was in a particular period of time. It’s when the mulch is available, they’ll pick it up. And most of it is going to have to happen on a weekend or around the holidays. This time of year, not very much I mean, there’s some drop-off, most of what goes in and out of there on a daily basis is township vehicles. And they drop off things like Christmas trees, picking up some mulch and wood chips for our own use; or dropping off brush and obviously leaves in the fall season. COUNCILMAN MEARA: Madam President, John, this states it’s a three year contract. Is there a get out clause? Obviously, we’ll reevaluate it after three years. But if we find them violating something, they’re doing something, they get one chance, two chances? How does it work before we say you’re not doing what we talked about at Council, you’re out of here? MR. RICCI: We have a right to cancel the contract with cause. COUNCILMAN MEARA: Okay. COUNCILMAN KENNY: We do have a memo from Rich Balgowan saying that he sees no problem with the bids, to recommend that we award to Reliable Wood Products. Also, if Reliable Wood Products indicated that they would like to begin the contract early, March 1, 2009, we should consider allowing that, as it would be in the best interest of the township. HAROLD HAGER, 364 Lakeside Boulevard: If I may, that gentleman said who was up here before me, is exactly true. I’ve seen commercial or other than township big trailers in there, loaded, etc.; and it wasn’t grass clippings or anything else. I’m seeing concrete, and I thought to myself that we had kind of like loosened up our operations so that other vehicles who go in there. So there is some kind of traffic in there now that I have never seen. I go by that place a lot.

And the question comes in how many entrances and exits would there be in the operation? Would there be some near the side of Alito Drive or whatever it is? When you got a business, you got to run a business. Okay? What are you going to do? PRESIDENT YAEDE: Thank you Harold. LEE SMITH: I don’t have a problem with Reliable, they’re a business, and businesses are business. Again, my point is the township. You’re opening a door of bringing private to where I don’t think it belongs. Again, if you’re going to put a Burger King in junior high schools or a lawyer’s office in the police station, then go ahead by all means. Thank you.

24

AUGUST SCOTTO, Mark Twain Drive: You guys have the thing all straightened out and then you get all these characters coming up about spending your money. PRESIDENT YAEDE: Augie, you have to be respectful. MR. SCOTTO: All these people that were coming up and talking about spending more money. And then they, the people that are talking about we’re paying too much taxes now. I want to see taxes reduced. You brought this up to save three quarters of a million, fine, do it. If something in it goes wrong, then you go after the person that did something wrong. But you don’t assume they’re going to do something wrong until they do it. You’ve done all the safety features required, and that’s it. Vote yes, get it over with, and forget these characters that come in here just to yell and scream. PRESIDENT YAEDE: Thank you, Augie. VICE-PRESIDENT GOODWIN: Lee, I hear you loud and clear. I’ve known the Smith Family for over forty-five years. They are one of the oldest families in Hamilton Township. But I just can’t overlook the $750,000.00 that the township is going to save and the contract language that is going to protect the township. And that they said on public record that they’re going to reach out to try to be good neighbors with the businesses here. That we overall are saving $750,000.00, the workers are not being laid off, they’re being reassigned. I have to vote yes. COUNCILMAN MEARA: Madam President, I’m uncomfortable with several things that I heard tonight. That’s the normal course of business; we’re not always comfortable with everything we hear. However, as with many things we do in the township, we rely on John Ricci, the administration, and Rich Balgowan with the information they bring in front of us, and they’re very reliable. And as far as with Mr. Smith, I buy over at Yardville and I understand what he’s saying. And obviously, the vote is being done tonight. And I’m going to support it, and vote yes but I would encourage Mr. Smith to come and sit down, let us talk. We understand we don’t get the money from the state or the federal government that we should. What happened is what’s happening right now it pits government against businesses against residents. And believe me, that’s not what we’re here about. So the fact that, as was stated earlier by Mr. Scotto, we know that this is monger and that we have outs but there will still be business impact and I’d like to deal with that in the future, but I vote yes Madam President. COUNCILMAN PONE: Yes. I also have great respect for the Smith Family. And I also do a lot of business with your business, and love it. Love the service, products; Princeton and Hamilton, everywhere you are. I also have heard and listened to everything tonight. I know we have a three year contract, I know we can evaluate that towards the end of that and see how it’s actually working out. I have a ton of faith, as Councilman Meara said, as did the Mayor, Mr. Ricci, and Mr. Balgowan who put this together. It’s creative, as Dave said, we are constantly working, both the administration and Council to find ways to deal with a monumental financial problem from the federal government to the state government to us.

The state government, it seems like everyday in the paper, is trying to put more money to the municipalities, or more burden to the municipalities and they’re forcing our hand on a lot of things; COAH being one of them. They’re mandating things without funding them. So the Mayor, Mr. Ricci, and the Directors have been asked by us and the Mayor to be creative; and they’re being creative. And this one, and I made the comment to the paper, they’re not all easy, these decisions. And privatization belongs in some areas of government, and others it doesn’t.

This one to me, up and down the line, it seems like a no-brainer. Mr. Smith, I think, from the competition aspect, it doesn’t sound like there’s a ton of competition. And competition generally isn’t such a bad thing for the little that there may be. So I’m going to vote yes because it’s an enormous tax savings. It is a yearly tax savings. It’s something that can be revisited. We’re not perfect, these things aren’t all perfect. We can look at it again, tweak them, decide to abandon, go back to the old way, if it doesn’t’ work. And that’s where we’re at, so I vote yes. Resolution Approving Change Order Number One To Contract No. 08-163 Awarded To The

Louis Berger Group For Professional Services For Review Of Development Applications And The Inspection Of Development Projects (+$20,000.00)

Mr. Kenny moved to adopt, seconded by Mr. Goodwin - rejected after the following vote: VICE-PRESIDENT GOODWIN: Well, I got a problem with this. First of all, I can’t believe that they didn’t see this coming. This is the same group that did the township wide traffic study. And you can’t tell me that they didn’t do at that intersection right there, that they should have had information on this. I cannot support this change order. I don’t like change orders. And this is one that you should have seen coming a mile away, so I vote no. COUNCILMAN KENNY: I will also vote no. I think its incumbent on the professional, if they see they’re not getting close to their contract limit, to submit a change order then to try to get more money or stop doing the work. So I vote no.

25

COUNCILMAN MEARA: It’s interesting. I’m going to vote yes simply because I put my faith in the administration. They put this in front of us. I’m sure if they didn’t think that this was something to come through, John would not have done it. I vote yes. COUNCILMAN PONE: Based on Dave’s original talk about this in the agenda session, I’m going to vote no. The reason is a change order like this… And Dave explained this earlier; it should have been seen long in advance. When they hit the fifty thousand mark, I think he said. They should have come forward at that point and said; look we’re going to need a change order. It looks like we need more money. I’m not disputing that they did the work. I’m not disputing that the money is technically owed to them, but I’m disputing the way it went down and the way it went down was wrong. If they had an invoice from the time they did the work, or shortly thereafter, I could support this. But it’s so long after the fact, that they didn’t plan properly and I vote no. PRESIDENT YAEDE: During my conversations with Mr. Burbage throughout the week, I do understand that there are questions regarding the process of how this was handled. I will rely on John and the administration that this money is deserved, so I will be supporting it. Vetoed: 2-Ayes 3-Nays 0-Abstentions Ayes – Council members Meara, Yaede Nays - Councilmember(s) Goodwin, Kenny, and Pone 09-005 RESOLUTION OF THE TOWNSHIP OF HAMILTON CONFIRMING ITS SUBMISSION OF A PETITION TO THE

NEW JERSEY COUNCIL ON AFFORDABLE HOUSING (COAH) FOR CERTIFICATION OF ITS ADOPTED ROUND III HOUSING AND FAIR SHARE PLAN

Mr. Meara moved to adopt, seconded by Mr. Pone; approved four to one after the following discussion: VICE-PRESIDENT GOODWIN: I can’t support this. When I read this, I read paragraphs one, two, and three. Paragraph three sounds all nice and fuzzy. But you don’t know in the future if that money is going to be there or if that money is going to be cut. And then you go down to paragraphs four, five, and six, and it is if there’s inadequate funding, that the taxpayer is going to be on the hook for the bonding of this. That’s been my fear all along that the taxpayers are going to pay for this eventually. It’s going to increase the municipal budget; it’s going to potentially increase the school budget. The State of New Jersey wants municipalities to control spending. But then something like this comes right back to increase spending in particularly weak economic times. We’re just coming off a $16 million dollar budget deficit. We are in need of capital projects that I’m scared of this that the taxpayer is going to pay more in the future for this. And the state has given us a mandate without any funding mechanisms. I honestly believe that when something is mandated then the State of New Jersey should fund it for us. And not push this, as Dennis said earlier, everything down on the local taxpayer. So as I said before, I’m not against COAH for rehabbing old homes, old neighborhoods, Mercer County Arc, people with disabilities, and things like that. But I just don’t like somebody from Trenton coming into Hamilton and saying you must do this, and not worrying about how it’s going to affect the local taxpayer. I vote no. COUNCILMAN KENNY: I always have troubles with this, but we have a gun to our head from COAH and the state. So I am forced to vote yes, even though I would submit that this is probably illegal what COAH is requiring because we cannot commit a future Council to appropriate money for some purpose such as this. But I unfortunately have to vote yes. COUNCILMAN MEARA: Madam President, Councilman Kenny mentioned the gun. What he didn’t mention is we have a choice a gun or a grenade. Neither of them are good, but I’m looking at vote verses consequences. We know what the consequences are if we vote no. And we do have hope that maybe this will be corrected before it’s time to pay. So I’ll support it as I did the first one. COUNCILMAN PONE: I also will support it based on Mr. Ricci’s explanation. I respectfully disagree with my colleague Mr. Goodwin only because I think the ramifications are it could cost us a lot more if we don’t go through with it because the builder’s remedy always scares me because they never lose. The state can come in and decide on their own way of doing affordable housing in the town, which would cost you more in the long run. So I think the taxpayers’ burden could potentially be worse if we don’t approve this. So I’ll vote yes. PRESIDENT YAEDE: I would like to echo the sentiments from Councilman Pone. But also, I would like the public to know again, you are witnessing the state coming in and saying to the towns and municipalities, there are law suits pending against the COAH regulations that you must do this. If you don’t do this, here are your consequences which will cost us more money down the road. So I will be supporting this resolution as unfortunate as it is. Passed: 4-Ayes 1-Nays 0-Abstentions Ayes – Council members Kenny, Meara, Pone, and Yaede Nays - Councilmember(s) Goodwin 09-006 RESOLUTION AUTHORIZING LABOR AGREEMENT BETWEEN THE TOWNSHIP OF HAMILTON AND THE SUPERIOR OFFICERS ASSOCIATION

26

Mr. Pone moved to adopt, seconded by Mr. Meara; unanimously approved after the following discussion: VICE-PRESIDENT GOODWIN: Not being privy to any of the contract negotiations, but food for thought in the future is possibly a two-tier system for future hires that come on board at some future date. I don’t know if that was discussed or not. MR. RICCI: We already have that in other areas of the contract. VICE-PRESIDENT GOODWIN: And the contract, it was negotiated in full faith by both parties. And I support it and vote yes. COUNCILMAN KENNY: I said during the agenda session, I congratulate both the administration and the bargaining units involved. It’s a fare contract. Generally, a good negotiation is where both parties walk out a little bit unhappy. I suspect that’s what happened here. But I think that there was good faith on both sides. The bargaining units recognized some of the unique problems facing the township right now. It’s a very good settlement, so I vote yes. COUNCILMAN MEARA: Yes, Madam President, as we indicated earlier, how we thought about this and all appreciation to the administration. And we do appreciate all the work that Diszler and the guys did, but I did get a phone call from Bagley and Recine to say that they set it all up. And the fact that Bagley is not PBA President anymore and Recine retired; they wanted to make sure they don’t go unnoticed. So, kudos to you guys and I vote yes. COUNCILMAN PONE: I’ll also support this. With the nasty word arbitration looming in the back of the police contracts, I don’t know how you guys did it. But you did a really great job. A lot of it comes from; I know I’ve met with Mr. Bagley on this, which was acutely aware that they were going to have to be with the economic times and the condition of the township and the taxes across the state. They came in and they got increased deductibles. And the health insurance, they got less than they may have gotten through arbitration. So I really applaud you guys for coming in with an open mind and acknowledgement of the situation. And good job on both sides, I vote yes. PRESIDENT YAEDE: I have to tell you coming from a school board perspective; I want to thank the PBA for coming to the table negotiating as gentlemen. When you do that, what you are doing, you’re putting the needs of the residents first and foremost, which you always do. And I’d like to commend you on your outstanding work. Thank you for your negotiations and good faith, and continue to keep up the good work. Thank you, I vote yes. 09-007 RESOLUTION AUTHORIZING A LABOR AGREEMENT BETWEEN THE TOWNSHIP OF HAMILTON AND THE NEW JERSEY STATE POLICEMAN’S BENEVOLENT ASSOCIATION (PBA) LOCAL NO. 66 Mr. Goodwin moved to adopt, seconded by Mr. Kenny; unanimously approved after the following discussion: BOB DISZLER, President of Hamilton PBA 66: I know Matt’s in the back; he’s welcome to come up too. Just a couple quick comments. Madam President, congratulations. Heavy is the head that wears the crown.

I just wanted to thank the Mayor of course for giving us John Ricci. He’s a consummate professional, he remained a gentleman throughout. Also, Lou Guarino who was part of the negotiations also. I think like was said before, a lengthy arbitration process was avoided which saved the taxpayers a lot of money. I think the agreement that we came to was good for both sides. Like you said, we walked away unhappy on some certain things. I’m sure we did, I’m sure they did. But the agreement, I think we can all be happy about. Like I said, once again, thank you for your professionalism. COUNCILMAN KENNY: We tried to get Bill Guhl to come back. MR. RICCI: I would just like to say thank you to the bargaining teams both the SOA and the PBA who did this joined. Negotiation with both groups on the table which speeded the process up saved everybody a lot of time and money. I was very pleased that they were going to reasonably discuss all of our financial problems and come to a very good agreement for I hope both parties, and do so without arbitration. In past years when the town has had to go to arbitration both parties go to arbitration and everybody has spent a lot of money. They had to spend money for attorneys. And the township spent an awful lot of money for outside counsel to do arbitrations in the past. So we were able to avoid those costs besides getting a very reasonable settlement. So thank you everybody. 09-008 RESOLUTION AUTHORIZING EMERGENCY TEMPORARY BUDGET APPROPRIATIONS FOR THE GENERAL

OBLIGATIONS FOR THE FISCAL YEAR 2009 MUNICIPAL BUDGET ($16,806,605.00) Mr. Kenny moved to adopt, seconded by Mr. Goodwin; unanimously approved. 09-009 RESOLUTION AUTHORIZING EMERGENCY TEMPORARY BUDGET APPROPRIATIONS FOR THE SEWER UTILITY

OBLIGATIONS FOR THE FISCAL YEAR 2009 MUNICIPAL BUDGET ($580,000.00)

27

Mr. Meara moved to adopt, seconded by Mr. Pone; unanimously approved. CONSENT AGENDA PRESIDENT YAEDE: All resolutions listed under the Consent Agenda are considered to be routine and non-controversial by the Council and will be approved by one motion. Madam Clerk, consent agenda item 4e, that has been amended? MRS. GORE: Yes it has. On the motion of Mr. Pone, seconded by Mr. Meara; the following Consent agenda items were approved in one vote, with the exception of Councilman Goodwin abstaining from 4n. 09-010 RESOLUTION DESIGNATING DATES FOR PUBLIC MEETINGS FOR THE TOWNSHIP COUNCIL FOR THE YEAR

2009 09-011 RESOLUTION DESIGNATING OFFICIAL HOLIDAYS FOR THE EMPLOYEES OF THE TOWNSHIP OF HAMILTON

FOR THE YEAR 2009 09-012 RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPERS FOR THE TOWNSHIP OF HAMILTON FOR THE YEAR

2009 09-013 JOINT RESOLUTION COMMEMORATING MARTIN LUTHER KING, JR. DAY, MONDAY, JANUARY 19, 2009 09-014 RESOLUTION DESIGNATING DEPOSITORIES OF FUNDS FOR THE TOWNSHIP OF HAMILTON FOR THE YEAR

2009 09-015 RESOLUTION CONSENTING TO THE RE-APPOINTMENT OF MICHELE ROSSI AS HAMILTON TOWNSHIP

MUNICIPAL TAX COLLECTOR 09-016 RESOLUTION CONSENTING TO THE APPOINTMENT OF MICHEL ROSSI AS TAX SEARCH OFFICER FOR THE

YEAR 2009 09-017 RESOLUTION CONSENTING TO THE RE-APPOINTMENT OF EDWARD R. GORE, ESQUIRE, TO THE POSITION

OF PUBLIC DEFENDER 09-018 RESOLUTION CONSENTING TO THE RE-APPOINTMENT OF RAYMOND C, STAUB, ESQUIRE TO THE POSITION

OF ASSISTANT PUBLIC DEFENDER 09-019 RESOLUTION CONSENTING TO THE RE-APPOINTMENT OF JERRY J. DASTI, ESQUIRE TO THE POSITION OF

PROSECUTOR – POLICE LEGAL ADVISOR 09-020 RESOLUTION CONSENTING TO THE RE-APPOINTMENT OF D.G. SARSFIELD, ESQUIRE TO THE POSITION OF

ASSISTANT PROSECUTOR – POLICE LEGAL ADVISOR 09-021 RESOLUTION CONSENTING TO THE RE-APPOINTMENT OF INDIVIDUALS TO THE HAMILTON TOWNSHIP

ECONOMIC DEVELOPMENT ADVISORY COMMISSION 09-022 RESOLUTION CONSENTING TO THE RE-APPOINTMENT AND APPOINTMENT OF INDIVIDUALS TO THE

HAMILTON TOWNSHIP ENVIRONMENTAL ADVISORY COMMISSION 09-023 RESOLUTION CONSENTING TO THE APPOINTMENT OF INDIVIDUALS TO THE HAMILTON TOWNSHIP

REDEVELOPMENT COMMISSION 09-024 RESOLUTION CONSENTING TO THE RE-APPOINTMENT OF INDIVIDUALS TO THE HAMILTON TOWNSHIP

ZONING BOARD OF ADJUSTMENT 09-025 RESOLUTION AUTHORIZING THE REFUND OF FEE PAID BY JENNIFER CONTI FOR A HOUSING INSPECTION

($200.00) 09-026 RESOLUTION AUTHORIZING THE REFUND OF FEE PAID BY ROBIN TYLER FOR A HOUSING INSPECTION

($200.00) 09-027 RESOLUTION AUTHORIZING THE REFUND OF FEE PAID BY TRENTON ROOFING FOR A CONSTRUCTION

PERMIT ($96.00) 09-028 RESOLUTION AUTHORIZING THE REDUCTION OF PERFORMANCE BOND FOR ON-SITE IMPROVEMENTS

MADE TO THE PROPERTY KNOWN AS 2222 ROUTE 33

28

09-029 RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE BOND FOR IMPROVEMENTS MADE TO THE PROPERTY KNOWN AS 466 CHURCH STREET, BLOCK 2663, LOT 5

09-030 RESOLUTION AUTHORIZING THE RELEASE OF PERFORMANCE BOND FOR IMPROVEMENTS MADE TO THE

PROPERTY KNOWN AS 5 COMMERCE WAY, BLOCK 2591, LOTS 3, 4 AND 5 [GATEWAY 195 CENTRE] 09-031 RESOLUTION AUTHORIZING REFUND OF REAL ESTATE TAXES FOR YEAR 2008 FOR SOUTH OLDEN CO-

OPERATIVE, BLOCK 2242, LOT 2 ($11,250.00) HAROLD HAGER, 364 Lakeside Boulevard: These are just one word answers. 4B, how many? MRS. GORE, Municipal Clerk: I’m sorry, you said 4B? COUNCILMAN KENNY: Official holidays. MRS. GORE: I believe there’s fourteen. MR. HAGER: I don’t want to take all your time, that’s all you negotiated? MR. RICCI: Yes. MR. HAGER: Okay. 4l and 4m. Your opinion of these reappointments for the Economic Development Advisory Commission and the Hamilton Township Redevelopment; your opinions were asked of all the new members. PRESIDENT YAEDE: Yes, these are consent; we all have no issues with these items, Harold, that’s why we put them on the consent agenda items. MR. HAGER: Excuse me; you don’t have any business with them? Did the Mayor discuss with you these individual items? PRESIDENT YAEDE: We received their resumes. MR. HAGER: You’re all well aware. Thank you very much. VICE-PRESIDENT GOODWIN: I have to recuse myself from… It’s the one that Sal Sciarotta is on. Its redevelopment, I know that. So that is 4N, I recuse myself on 4N and vote yes for all the rest. MRS. GORE: So noted. ORDINANCE - FIRST READING AND INTRODUCTION 09-001 Ordinance Establishing A Traffic Control Signal At The Intersection Of Klockner Road And George

Dye Road Mr. Goodwin made a motion to approve the above ordinance on first reading, seconded by Mr. Kenny; unanimously approved.

ORDINANCE - FIRST READING AND INTRODUCTION 09-002 Ordinance Accepting Deed Of Dedication And Sight Triangle Easements (Levin Properties, L.P.;

Nottingham Way And Klockner Road, Block 1589, Lot 165) Mr. Kenny made a motion to approve the above ordinance on first reading, seconded by Mr. Goodwin; unanimously approved. ORDINANCE - FIRST READING AND INTRODUCTION 09-003 Ordinance Amending And Supplementing The Code Of Ordinances, Hamilton Township, New Jersey

Chapter 148 Vehicles And Traffic, Section 148-48, Right Turn Only (NJ Route 33 [Nottingham Way] and Klockner Road)

Mr. Meara made a motion to approve the above ordinance on first reading, seconded by Mr. Pone; unanimously approved. FY 2009 MUNICIPAL BUDGET - PUBLIC HEARING 6a. Resolution To Amend State Fiscal Year 2009 Municipal Budget

29

COUNCILMAN PONE: Madam President, seeing no one responding, I move that we close the public hearing and adopt or approve… MR. RICCI: Continue the public hearing. COUNCILMAN PONE: This is part of the budget? Okay, my bad. MR. RICCI: Not the amendments but continue the public hearing. COUNCILMAN PONE: We adopt the amendment but continue the public hearing. COUNCILMAN MEARA: Second. Passed: 5-Ayes 0-Nays 0-Abstentions Ayes – Council members Goodwin, Kenny, Meara, Pone, and Yaede PRESIDENT YAEDE: For members of the public, this completes the formal business of tonight’s agenda. We will now move to the public portion of our agenda. Speakers will be called upon according to the sign up sheet. We would ask that all questions be directed through the Council President. We ask that speakers are limited to have to five minutes, initial comments, coming up. Out of respect to those who wish to address the Council, you will have to numerous opportunities to come back up to Council, to readdress us. And I will open this up and ask for Harold Hager. COMMENTS FROM THE PUBLIC HAROLD HAGER, 364 Lakeside Boulevard: Resolution 3E, sounded almost like the old administration on that change order. That’s not my real comment. My real comment is that I was thrilled when I picked up the copy of the newspaper, and saw that Madam President was the one. I was curious, but I had no way of knowing till I picked the paper up. You’ve asked more questions in the meetings that I’ve attended, about more subjects and tried to become as knowledgeable as you can on everything. You and Kevin are the question askers. And I like people that ask questions.

The main thing I’m really interested in was the headlines in the paper about the sewer system. It was talking a lot about saving a lot of money. I have not heard or seen Council take any affirmative action to push, probably to get the Mercer County Improvement Authority or somebody. Wait a minute, what you’re really telling me, you’re giving up the ghost. I’ve seen no action, no law suits, I haven’t seen anything. You complained about what the state does to you. Now, I hear what the City of Trenton is doing to you and you’re not spending a nickel worth of gumption if that’s what it takes to try to get something done for us taxpayers. COUNCILMAN KENNY: Mr. Burbage intervened before the Board of Public Utilities which is the body that has jurisdiction over this. I attended numerous meetings in Newark, New Jersey as well in front of the Board of Public Utilities on this issue. And as Tom has pointed out, we have asked that the Mercer County Improvement Authority look at regionalizing the water system. You’re probably five to ten years away that the Mercer County Improvement Authority started tomorrow if they can do it at all. I agree it’s not a great deal. So what’s being contemplated, there will be significant savings to taxpayers in terms of what the fire districts will pay for water. I never liked the deal, I still don’t like the deal, but we’re kind of stuck with it. And there was also a law suit filed by Hamilton Township and other municipalities against the City of Trenton for its last rate increase, which was a forty percent rate increase, which is similar that the same rate will continue unfortunately with the deal with American Water. MR. BURBAGE: Ten percent. COUNCILMAN KENNY: But the township administration had been active and Mr. Burbage has been active in that litigation with Hopewell, Ewing and Lawrence. MR. HAGER: Bottom line, it’s a lost cause? COUNCILMAN KENNY: Pretty much. MR. HAGER: You missed the point. I appreciate Mr. Goodwin’s approval; I disapprove of when he speaks his mind. And I approve a lot of people; I like you people a lot. I think that somewhere along the line, that there must be a way, eminent domain, I don’t know. But to allow the townships their own utility; the businesses that are in this township that use water, everything from car washes whatever that will face these increases bigger, and along with us taxpayers… COUNCILMAN KENNY: Harold, here’s the dilemma, the City of Trenton is not subject to the Board of Public Utilities. They can raise their rates whenever they want and any amount they want. At least a private enterprise is subject to the Board of Public Utilities control. Now I’ll grant you, neither one is a good choice for us. The city, we knew we were facing further increases there and at least we’ll have some say where American Water goes in to try to get an increase. But it’s not a good position either way we are. What can we do, can we go to Ewing filtration plant?

30

MR. HAGER: You just asked a question, please let me answer the question. COUNCILMAN KENNY: Sure. MR. HAGER: I’ll tell you what you can do. You can plan ahead. Now, there’s a lot of public money for a lot of work going to be done with utilities, roads, etc, and everything by the federal government. Now somewhere along the line, I see what we can do. We’re going to rely on those to supply our water, that utility company. I would suggest that since we have property along the Delaware River and we have property along Crosswicks Creek, and have maybe federal money, that you get some kind of an authority along with your sewer authority and get your own water plant. PRESIDENT YAEDE: No Harold, you can go on, I just want to remind you that if you can just wrap this up. You’re more than welcome to come up again. MR. HAGER: I made my comments, please think ahead. VICE-PRESIDENT GOODWIN: Lindsay, do you want to comment on this? PRESIDENT YAEDE: Yes, please do. MR. BURBAGE: I understand Mr. Hager’s position; however, it’s not that simple in terms of the building our own water treatment plant. In addition to it, the cost being absolutely prohibitive, especially if it’s just for one two, three, four, or five townships. We went to the Mercer County Improvement Authority; this Council passed a resolution asking me to check out the feasibility with the improvement authority. I’ve met with them three times, discussed it on the phone numerous times. We developed models. Richard Carson who’s the BA for Lawrence Township, who’s a very talented numbers cruncher, created a model. We massaged it, manipulated it. It’s just impossible to provide water to a small number of people. And even beyond that, the Department of Environmental Protection would never allow another treatment plant in the next municipality south of an existing treatment plant. Not to mention, the law suits from the River Keepers, Green Peace, and the Sierra Club, on and on, and on… We explored all of these things and as far as our not fighting for this, I wish I had picked Mr. Hager every time I got on the train and went to Newark. MR. HAGER: I really appreciate your answer, and I know you’re a hundred percent correct. It could be twenty-five years to get the permits on this. I realize that. But it just upsets me to think that the Mercer County Improvement Authority has gotten money for, what they’ve done over the years. Starting with the Mercer County Traction, the bus company, or whatever it was, that there wasn’t some way, some planning or something couldn’t be done. And just the same way, I see the railroad track that goes from Yardville to West Windsor. And I talked to the people out there, I never said anything to you people in here, but that rail line is valuable. It’s not valuable today, it’s not valuable tomorrow, but we have to think of ahead. That rail line connecting Bordentown with the River Line. We can’t, between exit 8 and whatever it is, eight lanes wide on the turnpike. I mean, we got to start doing some planning and try to get… Pull the transit village down in West Windsor or something and use that line and see what train line it’s in. It’s picking up Christmas. We got to look ahead we just can’t be building roads. Think about it. AUGUST SCOTTO, Mark Twain Drive: About that thing with the American Water Company, when they said they were going to pay $100 million to Trenton for the access to the customer’s here, I ask, that’s great, where do you get the water from? From Trenton. So in other words, we will be still paying to the water in Trenton and paying this guy because he paid $100 million dollars for that right. We’re paying twice.

Now, this all comes down to one thing. When I was here that night with the Rate Payer Advocates, I said, what you guys are going to do is unconstitutional. How do we vote you out of office for doing something that we don’t like? You don’t. We cannot vote them out. And however, Article One, Section One of the US Constitution says ‘all legislative powers here and granted shall be vested in the Congress’. Article Four of the New Jersey Constitution says ‘all legislative power shall be aimed, the Assembly and the Senate’. So in other words, these guys are not even in the Constitution and they’re making laws. I spoke to them and asked them to let me know when they go to Newark. I want to go there, I said. They never let me know. I even sent e-mails to them and they wouldn’t answer it. These guys, they’ve got this racket all sewed up. And it comes out to one thing, nobody fights for the Constitution. And all these problems could be solved just through the Constitution because talking to these people means nothing.

And once before, I went to the Chesterfield Courthouse for Aqua. They said they needed the money for improvement. What improvement did they want to do? They build pipes from Hamilton Square out to Upper Freehold Township to give Upper Freehold Township. However, when Robbins first started that there Hamilton Square Water Company, he said there isn’t enough water here to service all of Hamilton. So, these characters they go and put it out to another township; out of the county even. Why, because they play games that way. They don’t have the authority to do these things. And nobody fights this thing here at the level where it should be fought; in the courts. The justices don’t learn the Constitution in the law schools. They go to precedent and that’s what they use to fight a court. Not the Constitution because it will take away power from the judges. This is what’s been going on and I’ve been fighting this. That’s why I’m trying to get the New Jersey Board of Education to teach every child in New Jersey the Constitution so that this way these kids will graduate high school, eighteen years old; start voting, and tell the people running, you’re violating the Constitution. And more

31

people knowing this, telling the politicians this, when they get elected, will think twice before they go ahead and let things lay the way they do. That’s what we need, more people knowledgeable on the Constitution. Thank you. PRESIDENT YAEDE: That concludes the comments from the public. I will now turn over to comments from Council. COMMENTS FROM COUNCIL: VICE-PRESIDENT GOODWIN: Kelly, congratulations again. You ran a very good meeting tonight and success in the future. COUNCILMAN KENNY: I’d like to thank everyone for coming out tonight. Hopefully, we’ll have a good year this year. We’re in good hands with Kelly as our new Council President. We look forward to getting everybody’s input as we move forward to deal with problems confronting the township. Thank you. COUNCILMAN MEARA: Thank you Madam President, I’d just like to again thank the public for coming out, as you always do. I want to thank the administration for their support, and my fellow Council members. Of course our Clerk’s office for all your support, all the time, all year long. Again, Kelly, my running mate, I wasn’t impressed by you tonight, and I’m always impressed by you everyday. I just want to say congratulations again, always had the confidence in you to be Council President. And you’re going to set the bar for us. Thank you Madam President. COUNCILMAN PONE: I want to thank everyone for coming. I want to point out that we do have our new POW/MIA chair cover being display tonight in honor of our own Bill Opferman. Thanks to Councilman Goodwin’s suggestion and some donations. We’re still; the Clerk’s office is still trying to get someone to embroider it properly. But it is being displayed tonight in honor of Billy Opferman. I want to point that out.

I do want to congratulate you again Kelly, and you ran a good meeting tonight, good job. Tom, congratulations to you as well. When I came in, Tom was our President and he was absolutely awesome. He did probably the toughest job and did a super job. So he’s going to be there for Kelly as she needs him. And I have all the confidence in the world. I want to thank all four of you for the honor of serving as your President in 2008. I really appreciate it and it really was an honor. Thank you good night. PRESIDENT YAEDE: Thank you for your comments here this evening. Thanks for the members of the public that joined us. I’d like to wish you all a happy New Year and thank you for your support during my time as a Councilwoman and now as Council President. It’s very important to all of us sitting here at Council that you continue to come, continue to have your voices heard and come before us. It truly is an honor to serve and work with the administration. And to work with the Clerk’s office as well, you’ve done an outstanding job over the years. And continue to be working with all of you, and working with the public and to Ryan Tracy, thank you for covering our and staying to the wee hours to cover what we do here in Hamilton. It’s very important to those that cannot make it. So I look forward to working with all of you. Thank you for your input. ADJOURNMENT: 9:40 PM __________________________________ ____________________________________ Kelly Yaede Eileen Gore, RMC Council President Municipal Clerk