MINUTES FOR MONTGOMERY TOWNSHIP COMMITTEE MEETING September 16

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					                                             MINUTES FOR
                               MONTGOMERY TOWNSHIP COMMITTEE MEETING
                                         September 16, 2010

1.     Montgomery Township Committee met at the Municipal Building, 2261 Van Horne Road,
       Belle Mead, NJ at 7:00 p.m. on the above date. Those present were:

TOWNSHIP COMMITTEE:         Mayor Caliguire, Deputy Mayor Dyer, Committeemembers Wilson, Fay and
                            Carter

Also present were:

TOWNSHIP ATTORNEY – Kristina P. Hadinger, Esq.

TOWNSHIP ADMINISTRATOR – Donato Nieman

CHIEF FINANCIAL OFFICER – Walter Sheppard

TOWNSHIP CLERK – Donna Kukla

2.     Mayor Caliguire stated the following: “Under the provisions of the Open Public Meetings
       Act, notice of the time and place of this meeting has been posted and sent to the
       officially designated newspapers.”

3.     Mayor Caliguire led the Salute to the Flag.

4.     POLICE REPORT

       Police Sergeant Wain reported on the following activities of the Police Department
       for the month of August, 2010:

       --    48   motor vehicle accidents;
       --    21   arrests;
       --    14   thefts;
       --     3   burglaries/robberies;
       --    12   domestic violence;
       --    18   criminal mischief.

       Sergeant Wain reported on an armed robbery/home invasion in the Township on August 5.
       The same evening there were five (5) cars entered into in the same neighborhood. All of
       these incidents remain under investigation. He further reported on another home theft in a
       different area of the Township. On August 9, there was an armed robbery in the Pike Run
       Development, and within 24 hours two (2) people were arrested for that crime.

5.     RESOLUTION DECLARING OCTOBER 9 AS SPINAL MUSCULAR ATROPHY AWARENESS DAY

       WHEREAS, Spinal Muscular Atrophy (SMA) is the leading genetic killer of children under the
       age of two, one in 40 Americans carry the gene that causes SMA, and SMA is known to cause
       degeneration in voluntary muscle movement for those who survive with the disease; and

       WHEREAS, Spinal Muscular Atrophy crosses all racial, ethnic and religious boundaries, and
       can strike anyone of any age, race or gender; and
       WHEREAS, Increased awareness of Spinal Muscular Atrophy will lead to increased knowledge
       and increased support for disease research and for the families affected by the disease,
       hopefully leading to a cure; and

       WHEREAS, Patient Groups have named August as National Spinal Muscular Atrophy Awareness
       Month in order to raise awareness and help promote research into this devastating disease.

       NOW, THEREFORE, BE IT RESOLVED That the Montgomery Township Committee encourages support
       for organizations working hard to find a treatment and/or a cure for SMA, including
       Families of SMA.

       BE IT FURTHER RESOLVED That the Committee supports national efforts to establish that
       communities participate in the effort to raise awareness and find a cure for SMA.

       BE IT FURTHER RESOLVED That the Township Committee declares that October 9, 2010 shall be
       observed as Spinal Muscular Atrophy (SMA) Awareness Day in Montgomery Township.

5-1.   Committeewoman Wilson moved the adoption of the foregoing resolution.   The motion was
       seconded by Committeeman Carter and carried unanimously.

5-2.   Mr. Kingkiner thanked the Township Committee and updated them on the progress that
       CureSMA is making.
                                                            MONTGOMERY TOWNSHIP COMMITTEE
                                                            September 16, 2010 – Page 2

6.     PUBLIC COMMENT

6-1.   Robert Kress, Meadow Run Drive, spoke about the COAH/Skillman Village issues. He stated
       that he had been before the Governing Body previously to suggest the Committee develop a
       Housing Authority in order to effectively develop Senior Housing for seniors in
       Montgomery who cannot afford to live in Tapestry or Windrose. These are people who have
       paid their taxes for 25 years with no children in the schools. They are probably
       original residents and they would like to stay here but they don’t have the opportunity
       to do so. The continued use of representation of high density housing at Skillman
       Village is unfortunate and quite frankly it probably scares the heck out of the public
       so that the feedback that would be gotten from any election results is totally
       distorted. Back in October, 2009 there was discussion about traffic problems on Orchard
       Road and how the housing units of Skillman Village would create more traffic on that
       already over-burdened road. He stated that the public has never really been involved in
       the process of the developing of Skillman Village. He spoke about the problems with the
       traffic circulation plan and how there does not appear to be any solution to traffic
       problems within the Township. He spoke about the Township being land poor, as most of
       the open land in the Township is in the Green Acres program.

7.     CONSENT AGENDA – All matters listed hereunder are considered to be routine in nature and
       will be enacted in one motion. Any person may request that an item be removed for
       separate consideration.

       A.    RESOLUTION #10-9-233 - REFUND OVERPAID 2010 TAXES

             BE IT RESOLVED That refunds be given to the following for the overpayment of 2010
             taxes:

             Block   Lot   Name                                          Amount
              7032   17    First American Title Insurance Company        $4,133.55
             19001   23    BAC Tax Services Corporation                  $3,402.47
             34019   45    Ren, Xiao Jun & Xing, Yan                     $3,142.21
             34019   60    Wu, Xiaoyi & Zeng, Xiaolan                    $3,204.02

       B.    RESOLUTION #10-9-234 - AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE STATE
             OF NEW JERSEY DEPARTMENT OF TRANSPORTATION AND TOWNSHIP OF MONTGOMERY – Realignment
             of Route 206/CSX Bridge over the CSX Railroad Tracks – Police Traffic Directors

             WHEREAS, The State of New Jersey intends to construct the realignment of Route
             206/CSX Bridge over the CSX Railroad Tracks within the Township of Montgomery; and

             WHEREAS, The project proposed by the State of New Jersey Department of
             Transportation may require the limited use of municipal police as Traffic Directors
             for work zone safety operations supplementing the traffic control plan established
             under the contract for construction of the project; and

             WHEREAS, The State of New Jersey Department of Transportation has requested that the
             Township of Montgomery enter into a Police Agreement for use of Montgomery Township
             officers as Traffic Directors.

             NOW, THEREFORE, BE IT RESOLVED By the Township Committee of the Township of
             Montgomery, in the County of Somerset, in the State of New Jersey, that the Mayor
             and Township Clerk are hereby authorized to execute an agreement between the State
             of New Jersey Department of Transportation and the Township of Montgomery to provide
             Police Officers as Traffic Directors.

             BE IT FURTHER RESOLVED That the costs incurred by the Township of Montgomery for use
             of its officers in connection with the State construction project shall be paid
             directly to the Township of Montgomery by the State of New Jersey Department of
             Transportation pursuant to the agreement.

             BE IT FURTHER RESOLVED That the Township of Montgomery authorizes Walter K.
             Sheppard, Chief Financial Officer to sign and execute the Statement of Cost, and to
             submit and execute State Payment Vouchers, PV-C, on behalf of agreement signatory.

       C.    RESOLUTION #10-9-235 - SUPPORTING THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL
             PROTECTION’S DECLARATION OF A STATEWIDE DROUGHT WATCH

             WHEREAS, New Jersey Department of Environmental Protection Commissioner Bob Martin
             has issued an expanded, statewide drought watch, asking all State residents to
             voluntarily conserve water due to continued hot and dry conditions that have
             persisted all summer, and are taxing reservoir, stream and groundwater levels; and

             WHEREAS, The decision to expand an existing drought watch that had been in place
             for the State's five northeastern counties is a result of record high temperatures
             and water demands, combined with near-record precipitation lows; and

             WHEREAS, According to State Climatologist David Robinson of Rutgers University,
             New Jersey is experiencing its warmest summer (June-August) on record since weather
             data has been kept starting in 1895. This followed the warmest spring on record.
             Every month since March has ranked in the top 10 of all time for heat, with August
             ranked 10th, July ranked 2nd and June as the first hottest month in the past 105
             years. At the same time, below average rainfall has accompanied the heat. The
             preliminary average for summer precipitation stands at 8.35 inches statewide,
             making it the 10th driest summer of all time and the driest summer since 1966.
                                                             MONTGOMERY TOWNSHIP COMMITTEE
                                                             September 16, 2010 – Page 3
(CONSENT AGENDA Item C Cont.)

              WHEREAS, Three residential wells within the Township have been reported to the
              Health Officer as having run dry, and continued hot and dry conditions could put
              additional wells at risk of running dry; and

              WHEREAS, Section 3-16.1 of the Code requires the Township Engineer to recommend
              that a water emergency be declared; and

              WHEREAS, The Township Engineer has determined that a drought emergency does not
              exist at this time but recommends the Township encourage residents to voluntarily
              conserve water and support the Statewide drought watch.

              NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of
              Montgomery in Somerset County, New Jersey as follows:

              1.    The Township is encouraging residents across the entire Township to be aware
                    of the situation and use water more carefully. The goal is to moderate water
                    demand through voluntary conservation.

              2.    The following are some suggested water conservation tips:

                           Limit the watering of lawns and gardens.

                           Limit car washing to commercial car washes equipped with recycling
                            facilities for both wash and rinse water.

                           Do not wash streets, driveways, sidewalks or paved areas.

                           Run washing machines and dishwashers only when full.

                           Fix leaky faucets and pipes.

              3.    This resolution shall take effect upon final adoption and shall continue in
                    effect for ninety (90) days.

       D.     TOWNSHIP COMMITTEE APPOINTMENT – Shade Tree Committee

              BE IT RESOLVED That Ann Violette be hereby appointed Shade Tree Committee Regular
              member, replacing Lucy Joye, 1 year appointment expiring December 31, 2010.

7-1.   Committeeman Fay moved the adoption of the CONSENT AGENDA.      The motion was seconded by
       Committeeman Fay and carried on the following:

ROLL CALL –   Ayes – Carter, Dyer, Wilson, Fay, Caliguire
              Nays – None

8.     RESOLUTION #10-9-237 - ADOPTING A SPECIAL TRAFFIC REGULATION, PURSUANT TO
       N.J.S.A. 39:4-197.3, CLOSING CERTAIN STREETS WITHIN SKILLMAN VILLAGE DUE TO A TEMPORARY
       CONDITION.

       WHEREAS, The Township of Montgomery purchased property from the State of New Jersey known
       as Skillman Village, formerly known as the North Princeton Developmental Center, also
       known as Lot 1, Block 26001 and Lots 1 & 1.01, Block 27001 (Tax Assessment Maps rev. ed.
       2008); and

       WHEREAS, Within Skillman Village there is continuing environmental remediation,
       construction, and redevelopment, as well as the presence of buildings in an unsafe
       condition; and

       WHEREAS, It is in the interests of the public safety, health, and welfare that certain
       streets within Skillman Village, to the extent they were ever opened for public passage,
       be temporarily closed to public passage during the continuing environmental remediation,
       construction, and redevelopment; and

       WHEREAS, Pursuant to N.J.S.A. 39:4-197.3, the Township is authorized to adopt special
       traffic regulations, including regulations closing streets, in response to a temporary or
       emergent condition for a period not exceeding three (3) months; and

       WHEREAS, Pursuant to N.J.S.A. 39:4-197.3 the Township is responsible for posting signs to
       inform the public of the temporary special traffic regulation; and

       WHEREAS, Pursuant to N.J.S.A. 39:4-94.2, the Township has the authority to provide for
       penalties for the violation of a temporary street closing regulation; and

       NOW, THEREFORE, BE IT RESOLVED By the Township Committee of the Township of Montgomery in
       Somerset County, New Jersey as follows:
                                                              MONTGOMERY TOWNSHIP COMMITTEE
                                                              September 16, 2010 – Page 4
(Item #8 Cont.)

       1.     A temporary condition, within the meaning of N.J.S.A. 39:4-197.3, will exist within
              Skillman Village beginning on or about October 1, 2010, and ending on or about
              December 31, 2010, due to continuing environmental remediation, construction, and
              redevelopment.

       2.     To the extent any or all of the following streets within Skillman Village could be
              deemed to have ever been opened to public passage they shall be closed to public
              passage during the period between October 1, 2010, and December 31, 2010:

              -   Brophy Circle         -   Lake (Lakeside) Drive          -   Morrow Road
              -   Garrison Lane         -   Maplewood Drive                -   Strecker Road
              -   Doctor’s Row          -   Schley Drive                   -   Industrial Road
              -   Moosbrugger Way       -   Fairview Road                  -   Wilson Drive
              -   Association Drive     -   Green House Drive              -   Dungan Drive
              -   Dodds Road

       3.     Signs notifying the public of the temporary street closings and barricades
              prohibiting public passage will be placed at the intersections for the above
              mentioned streets.

       4.     Any person found on any of the above streets without authorization from the Police
              Director or his designee during the period in which they are closed to the public
              shall be subject, in accordance with N.J.S.A. 39:4-94.2, to a fine of not more than
              $100.00.

       5.     This regulation shall take effect upon final adoption and publication in accordance
              with the law.

8-1.   Committeeman Fay moved the adoption of the foregoing resolution.   The motion was seconded
       by Deputy Mayor Dyer and carried on the following:

ROLL CALL –   Ayes – Carter, Dyer, Wilson, Fay, Caliguire
              Nays – None

9.     RESOLUTION #10-9-238 - DETERMINING THE FORM AND OTHER DETAILS OF NOT EXCEEDING $11,000,000
       SEWER UTILITY BONDS, SERIES 2010, OF THE TOWNSHIP OF MONTGOMERY, IN THE COUNTY OF
       SOMERSET, NEW JERSEY, AND PROVIDING FOR THEIR SALE TO THE NEW JERSEY ENVIRONMENTAL
       INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY PURSUANT TO STATE FISCAL YEAR 2011
       NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM

       WHEREAS, The Township of Montgomery (the "Local Unit"), in the County of Somerset,
       New Jersey, has determined that there exists a need within the Local Unit to acquire,
       construct, renovate, or install the Project (the "Project") as defined in each of that
       certain Loan Agreement (the "Trust Loan Agreement") to be entered into by and between the
       Local Unit and the New Jersey Environmental Infrastructure Trust (the "Trust") and that
       certain Loan Agreement (the "Fund Loan Agreement", and together with the Trust Loan
       Agreement, the "Loan Agreements") to be entered into by and between the Local Unit and the
       State of New Jersey, acting by and through the New Jersey Department of Environmental
       Protection (the "State"), all pursuant to the State Fiscal Year 2011 New Jersey
       Environmental Infrastructure Trust Financing Program (the "Program");

       WHEREAS, The Local Unit has determined to finance the acquisition, construction,
       renovation or installation of the Project with the proceeds of a supplemental loan to be
       made by each of the Trust (the "Trust Loan") and the State (the "Fund Loan", and together
       with the Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Loan
       Agreement, respectively;

       WHEREAS, To evidence the Loans, each of the Trust and the State require the Local Unit to
       authorize, execute, attest and deliver the Local Unit's Sewer Utility Bonds, Series 2010A,
       to the Trust in an aggregate principal amount not to exceed $2,000,000 (the "Trust Loan
       Bond") and Sewer Utility Bonds, Series 2010B, to the State in an aggregate principal
       amount not to exceed $11,000,000 (the "Fund Loan Bond", and together with the Trust Loan
       Bond, the "Local Unit Bonds") (the combined aggregate amount of the Trust Loan Bond and
       the Fund Loan Bond shall not exceed $11,000,000) pursuant to the terms of the Local Bond
       Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised
       Statutes of the State of New Jersey (the "Local Bond Law"), other applicable law and the
       Loan Agreements; and

       WHEREAS, N.J.S.A. 40A:2-27(a)(2) of the Local Bond Law allows for the sale of the Trust
       Loan Bond and the Fund Loan Bond to the Trust and the State, respectively, without any
       public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the Trust Loan Bond to
       the Trust without any public offering, all under the terms and conditions set forth
       herein.

       NOW, THEREFORE, BE IT RESOLVED By a 2/3 vote of the full membership of the governing body
       of the Local Unit as follows:
                                                           MONTGOMERY TOWNSHIP COMMITTEE
                                                           September 16, 2010 – Page 5
(Item #9 Cont.)

      Section 1.   In accordance with N.J.S.A. 40A:2-27(a)(2) of the Local Bond Law and
      N.J.S.A. 58:11B-9(a), the Local Unit hereby sells and awards its (a) Trust Loan Bond in an
      aggregate principal amount not to exceed $2,000,000 to the Trust in accordance with the
      provisions hereof and (b) Fund Loan Bond in an aggregate principal amount not to exceed
      $11,000,000 to the State in accordance with the provisions hereof (the combined aggregate
      amount of the Trust Loan Bond and the Fund Loan Bond shall not exceed $11,000,000). The
      Local Unit Bonds have been referred to and are described in a bond ordinance of the Local
      Unit, which bond ordinance is entitled “TOWNSHIP OF MONTGOMERY ORDINANCE NO. 09-1320; BOND
      ORDINANCE PROVIDING FOR THE UPGRADE AND EXPANSION OF THE EXISTING PIKE BROOK WASTEWATER
      TREATMENT PLANT IN AND BY THE TOWNSHIP OF MONTGOMERY, IN THE COUNTY OF SOMERSET, NEW
      JERSEY, APPROPRIATING $19,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $19,000,000
      BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF” and was finally
      adopted by the Local Unit at a meeting duly called and held on June 18, 2009, at which
      times a quorum was present and acted throughout, all pursuant to the terms of the Local
      Bond Law and other applicable law.

      Section 2.   The Chief Financial Officer of the Local Unit (the "Chief Financial Officer")
      and/or the Township Administrator (the “Township Administrator”) is hereby authorized to
      determine, in accordance with the Local Bond Law and pursuant to the terms and conditions
      established by the Trust and the State under the Loan Agreements and the terms and
      conditions hereof, the following items with respect to the Trust Loan Bond and the Fund
      Loan Bond:

      (a)    The aggregate principal amounts of the Trust Loan Bond and the Fund Loan Bond to be
             issued, which shall be determined by the Trust and State accordingly, subject to
             the limitations in Section 1 hereof.

      (b)    The maturity and annual principal installments of the Local Unit Bonds, which
             maturity shall not exceed 20 years;

      (c)    The date of the Local Unit Bonds, which shall not be later than December 31, 2010.

      (d)    The interest rates of the Local Unit Bonds, which in the case of the Trust Loan
             Bond, shall not exceed 8% and in the case of the Fund Loan Bond shall be 0%.

      (e)    The purchase price for the Local Unit Bonds, which shall be determined by the Trust
             and State accordingly, but which shall not exceed 110% of the principal amount
             thereof.

      (f)    The terms and conditions under which the Local Unit Bonds shall be subject to
             redemption prior to their stated maturities, which shall be determined by the Trust
             and Fund accordingly, but at prices not to exceed 103% of the principal amount
             thereof.

      Section 3.   Any determination made by the Township Administrator or the Chief Financial
      Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and
      attestation of the Local Unit Bonds by the parties authorized under Section 4(c) hereof.

      Section 4.   The Local Unit hereby determines that certain terms of the Local Unit Bonds
      shall be as follows:

      (a)    The Trust Loan Bond shall be issued in a single denomination and shall be numbered
             R-T1. The Fund Loan Bond shall be issued in a single denomination and shall be
             numbered R-F1;
      (b)    The Local Unit Bonds shall be issued in fully registered form and shall be payable
             to the registered owners thereof as to both principal and interest in lawful money
             of the United States of America; and
      (c)    The Local Unit Bonds shall be executed by the manual or facsimile signatures of the
             Mayor and the Chief Financial Officer or the Township Administrator under official
             seal or facsimile thereof affixed, printed, engraved or reproduced thereon and
             attested by the manual signature of the Local Unit Clerk.

      Section 5.   The Trust Loan Bond and the Fund Loan Bond shall be substantially in the form
      set forth in the Trust Loan Agreement and the Fund Loan Agreement, respectively.

      Section 6.   The law firm of GluckWalrath LLP is hereby authorized to arrange for the
      printing of the Local Unit Bonds, which law firm may authorize McCarter & English, LLP,
      bond counsel to the Trust and the State for the Program, to arrange for same. The Local
      Unit auditor is hereby authorized to prepare the financial information necessary in
      connection with the issuance of the Local Unit Bonds. The Mayor, the Township
      Administrator, the Chief Financial Officer and the Local Unit Clerk are hereby authorized
      to execute any certificates necessary or desirable in connection with the financial and
      other information.

      Section 7.   The terms of the Local Unit Bonds authorized to be set forth by the Chief
      Financial Officer in accordance with Section 2 hereof shall be determined by a certificate
      by Chief Financial Officer on or before the date of issuance of the Local Unit Bonds or
      shall be ratified by the affirmative vote of 2/3 of the full membership of the governing
      body of the Local Unit.

      Section 8.   The Mayor, the Township Administrator and the Chief Financial Officer are
      hereby severally authorized to execute any certificates or documents necessary or
      desirable in connection with the sale of the Local Unit Bonds, and are further authorized
      to deliver same to the Trust and the State upon delivery of the Local Unit Bonds and the
      receipt of payment therefor in accordance with the Loan Agreements.
                                                            MONTGOMERY TOWNSHIP COMMITTEE
                                                            September 16, 2010 – Page 6
(Item #9 Cont.)

       Section 9.   This resolution shall supersede Resolution #10-8-199 and shall take effect
       immediately.

       Section 10. Upon the adoption hereof, the Local Unit Clerk shall forward certified copies
       of this resolution to GluckWalrath LLP, bond counsel to the Local Unit, and Richard T.
       Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust.

9-1.   Committeeman Carter moved the adoption of the foregoing resolution.   The motion was
       seconded by Deputy Mayor Dyer and carried on the following:

ROLL CALL –   Ayes – Carter, Dyer, Wilson, Fay, Caliguire
              Nays – None

10.    RESOLUTION #10-9-239 - AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN AGREEMENTS TO
       BE EXECUTED BY THE TOWNSHIP OF MONTGOMERY AND EACH OF THE NEW JERSEY ENVIRONMENTAL
       INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY, ACTING BY AND THROUGH THE
       DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND FURTHER AUTHORIZING THE EXECUTION AND
       DELIVERY OF AN ESCROW AGREEMENT, ALL PURSUANT TO THE FISCAL YEAR 2010 NEW JERSEY
       ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM

       WHEREAS, The Township of Montgomery (the "Local Unit"), in the County of Somerset,
       New Jersey, has determined that there exists a need within the Local Unit to acquire,
       construct, renovate, install or refinance the Project (the "Project") as defined in each
       of that certain Loan Agreement (the "Trust Loan Agreement") to be entered into by and
       between the Local Unit and the New Jersey Environmental Infrastructure Trust (the "Trust")
       and that certain Loan Agreement (the "Fund Loan Agreement", and together with the Trust
       Loan Agreement, the "Loan Agreements") to be entered into by and between the Local Unit
       and the State of New Jersey, acting by and through the New Jersey Department of
       Environmental Protection (the "State"), all pursuant to the Fiscal Year 2010 New Jersey
       Environmental Infrastructure Trust Financing Program (the "Program");

       WHEREAS, The Local Unit has determined to finance the acquisition, construction,
       renovation or installation of the Project with the proceeds of a loan to be made by each
       of the Trust (the "Trust Loan") and the State (the "Fund Loan", and together with the
       Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Loan Agreement,
       respectively;

       WHEREAS, To evidence the Loans, each of the Trust and the State require the Local Unit to
       authorize, execute, attest and deliver the Local Unit's Township of Montgomery Sewer
       Utility Bonds, Series 2010A, to the Trust in an aggregate principal amount not to exceed
       $2,000,000 (the "Trust Loan Bond") and Township of Montgomery Sewer Utility Bonds, Series
       2010B, to the State in an aggregate principal amount not to exceed $11,000,000 (the "Fund
       Loan Bond", and together with the Trust Loan Bond, the "Local Unit Bonds") (the combined
       aggregate amount of the Trust Loan Bond and the Fund Loan Bond shall not exceed
       $11,000,000) pursuant to the terms of the Local Bond Law of the State of New Jersey,
       constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey
       (the "Local Bond Law"), other applicable law and the Loan Agreements; and

       WHEREAS, The Trust and the State have expressed their desire to close in escrow the making
       of the Loans, the issuance of the Local Unit Bonds and the execution and delivery of the
       Loan Agreements, all pursuant to the terms of an Escrow Agreement (the "Escrow Agreement")
       to be entered into by and among the Trust, the State, the Local Unit and the escrow agent
       named therein.

       NOW, THEREFORE, BE IT RESOLVED By the governing body of the Local Unit as follows:

       Section 1.   The Trust Loan Agreement, the Fund Loan Agreement and the Escrow Agreement
       (collectively, the "Financing Documents") are hereby authorized to be executed and
       delivered on behalf of the Local Unit by either the Mayor, the Township Administrator or
       the Chief Financial Officer in substantially the forms attached hereto as Exhibits A, B
       and C, respectively, with such changes as the Mayor, the Township Administrator or the
       Chief Financial Officer (each an "Authorized Officer"), in their respective sole
       discretion, after consultation with counsel and any advisors to the Local Unit
       (collectively, the "Local Unit Consultants") and after further consultation with the
       Trust, the State and their representatives, agents, counsel and advisors (collectively,
       the "Program Consultants", and together with the Local Unit Consultants, the
       "Consultants"), shall determine, such determination to be conclusively evidenced by the
       execution of such Financing Documents by an Authorized Officer as determined hereunder.
       The Local Unit Clerk is hereby authorized to attest to the execution of the Financing
       Documents by an Authorized Officer of the Local Unit as determined hereunder and to affix
       the corporate seal of the Local Unit to such Financing Documents.

       Section 2.   The Authorized Officers of the Local Unit are hereby further severally
       authorized to (i) execute and deliver, and the Local Unit Clerk is hereby further
       authorized to attest to such execution and to affix the corporate seal of the Local Unit
       to, any document, instrument or closing certificate deemed necessary, desirable or
       convenient by the Authorized Officers or the Local Unit Clerk, as applicable, in their
       respective sole discretion, after consultation with the Consultants, to be executed in
       connection with the execution and delivery of the Financing Documents and the consummation
       of the transactions contemplated thereby, which determination shall be conclusively
       evidenced by the execution of each such certificate or other document by the party
       authorized hereunder to execute such certificate or other document, and (ii) perform such
       other actions as the Authorized Officers deem necessary, desirable or convenient in
       relation to the execution and delivery thereof.
                                                             MONTGOMERY TOWNSHIP COMMITTEE
                                                             September 16, 2010 – Page 7
(Item #10 Cont.)

        Section 3.   This resolution shall supersede Resolution #10-8-200 and shall take effect
        immediately.

        Section 4.   Upon the adoption hereof, the Local Unit Clerk shall forward certified copies
        of this resolution to GluckWalrath LLP, bond counsel to the Local Unit, and Richard T.
        Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust.

10-1. Deputy Mayor Dyer moved the adoption of the foregoing resolution.     The motion was seconded
      by Committeeman Carter and carried on the following:

ROLL CALL –   Ayes – Carter, Dyer, Wilson, Fay, Caliguire
              Nays – None

11.     RESOLUTION #10-9-240 - APPROVING PERSON-TO-PERSON TRANSFER OF PLENARY RETAIL DISTRIBUTION
        LICENSE NUMBER 1813-44-001-008 FROM NTS&K, INC. TO STEELE BUILT, LLC (d/b/a Steele’s Wine
        Cellar)

        WHEREAS, An application has been filed by Steele Built, LLC for a Person-to-Person
        transfer of Plenary Retail Distribution License Number 1813-44-001-008, heretofore issued
        to NTS&K, Inc. for the premises located at 1325 Route 206, Suite 5, Skillman, New Jersey
        08858; and
        WHEREAS, The submitted application form is complete in all respects, the transfer fees
        have been paid, and the license has been properly renewed for the current license term;
        and
        WHEREAS, The applicant is qualified to be licensed according to all standards established
        pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1.1 et seq.,
        regulations promulgated thereunder, Township ordinances and other applicable law; and
        WHEREAS, The applicant has disclosed to the Township of Montgomery (“Township”) and the
        Township has reviewed the source of all funds used in the purchase of the license and the
        licensed business and all additional financing obtained in connection with the licensed
        business; and
        WHEREAS, The transferee has executed a valid consent to transfer the license.
        NOW, THEREFORE, BE IT RESOLVED, By the Township Committee of the Township of Montgomery,
        County of Somerset, New Jersey that it does hereby approve the transfer of Plenary Retail
        Distribution License Number 1813-44-001-008 to Steele Built, LLC (d/b/a Steele’s Wine
        Cellar) and does hereby direct the Township Clerk to endorse the license certificate to
        Steele Built, LLC (d/b/a Steele’s Wine Cellar) as follows: “This license, subject to all
        of its terms and conditions, is hereby transferred to Steele Built, LLC (d/b/a Steele’s
        Wine Cellar), effective September 28, 2010.”

11-1.   Committeeman Carter moved the adoption of the foregoing resolution.   The motion was
        seconded by Committeewoman Wilson and carried on the following:

ROLL CALL –   Ayes – Carter, Dyer, Wilson, Fay, Caliguire
              Nays – None

12.     ORDINANCE #10-1368 – Dog License Fees – Public Hearing

        A.    Mayor Caliguire read the title of the ordinance as follows:

                                         AN ORDINANCE AMENDING CHAPTER V OF THE CODE OF THE
                                         TOWNSHIP OF MONTGOMERY REGARDING DOG LICENSING FEES.

        B.    Mayor Caliguire opened the hearing to the public. There being no comment,
              Committeeman Carter moved that the public hearing be closed. The motion was
              seconded by Committeeman Fay and carried unanimously.

        C.    BE IT RESOLVED By the Township Committee of the Township of Montgomery that the
              foregoing ordinance be hereby adopted this 16th day of September, 2010 and that
              notice thereof be published in an official newspaper as required by law.

12-1.   Committeeman Carter moved the adoption of the foregoing resolution.   The motion was
        seconded by Committeeman Fay and carried on the following:

ROLL CALL –   Ayes – Carter, Dyer, Wilson, Fay, Caliguire
              Nays – None
                                                             MONTGOMERY TOWNSHIP COMMITTEE
                                                             September 16, 2010 – Page 8

13.     RESOLUTION #10-9-236 - AMENDING CONTRACT AWARD FOR EXTRAORDINARY UNSPECIFIABLE
        SERVICES - JM SORGE, Inc.

        WHEREAS, In Resolution #09-2-52, adopted February 5, 2009 by the Township Committee, a two
        year contract for extraordinary unspecifiable services was awarded to JM Sorge, Inc. by
        reason of the Township's need to procure the services of a firm with expertise and proven
        reputation in environmental remediation to provide technical environmental oversight
        services to ensure that the remediation completed pursuant to the Guaranteed Fixed Price
        Environmental Liability Transfer Agreement (ELTA) between the Township and Weston
        Solutions, Inc. complies fully with the New Jersey Department of Environmental Protection
        and Township requirements; and

        WHEREAS, The contract authorized by the aforesaid Resolution was executed by the parties
        on March 9, 2009, for an amount not to exceed $100,000, with services being rendered as
        needed since that date; and

        WHEREAS, The Township requires the continued, directly related services of JM Sorge (JMS)
        in connection with remediation of the lead impacted soil adjacent to the former Stryker
        Building and the former Maplewood Garage, as previously identified by JMS, without a "fair
        and open process" as defined by PL 2004, chapter 19; and

        WHEREAS, JMS has submitted a proposal dated September 3, 2010 to amend the aforesaid
        contract to provide for the management and oversight of the removal and disposal of
        approximately 75 cubic yards of lead-contaminated soil to facilitate compliance with the
        requirements of the New Jersey Department of Environmental Protection, for an additional
        amount not to exceed $29,750 unless authorized by the Township Committee; and

        WHEREAS, JMS has previously completed and filed with the Township the documentation
        required by N.J.S.A. 19:44A-20.2 et seq., N.J.S.A. 19:44 A-20.26, and Subsection 2-22.2 of
        the Code of the Township of Montgomery in compliance with the "Local Unit Pay-to-Play
        Law"; and

        WHEREAS, The Township Administrator has previously determined and certified in writing
        that the value of the services to be rendered under the contract is anticipated to exceed
        $17,500 and has also provided the Administrator's Certification of Extraordinary
        Unspecifiable Services; and

        WHEREAS, The additional services authorized in this resolution are within the scope of the
        original contract authorized on February 5, 2009; and

        WHEREAS, The Chief Financial Officer has certified that sufficient funds are available for
        this purpose.

        NOW, THEREFORE BE IT RESOLVED By the Township Committee of the Township of Montgomery as
        follows:

        1.    The proposal dated September 3, 2010 submitted by JM Sorge is hereby accepted
              as an amendment to the original contract dated March 9, 2009 for an amount not to
              exceed $29,750, unless approved by formal action of the Township Committee.

        2.    JM Sorge continues to be bound by the requirements of the aforesaid
              Resolution #09-2-52, and by the terms and conditions of the original contract
              dated March 9, 2009.

        3.    This contract is awarded without competitive bidding as an extraordinary
              unspecifiable service in accordance with N.J.S.A. 40A: 11-5 (1)(a)(ii) of the Local
              Public Contracts Law for the reasons set forth in the Township Administrator's
              Certification that accompanied the Resolution authorizing the original contract.

        4.    A copy of this Resolution and the JMS proposal dated September 3, 2010 shall
              be placed on file in the office of the Township Clerk, along with the original
              contract dated March 9, 2009, and shall be available for public inspection.

        5.    When countersigned by JM Sorge, this Resolution shall serve as the formal
              amendment to the aforesaid contract, and no other amendatory document shall be
              required.

13-1.   Committeeman Carter moved the adoption of the foregoing resolution.   The motion was
        seconded by Deputy Mayor Dyer and carried on the following:

ROLL CALL –   Ayes – Carter, Dyer, Wilson, Fay, Caliguire
              Nays – None

14.     APPROVAL OF MINUTES

        Committeeman Fay moved the adoption of the Regular Session minutes of September 2, 2010
        with a slight edit on Item #20. He asked that the fourth line read “He stated that he
        proffered an idea which would preserve these buildings upon their sale.”, instead of “He
        stated that he proffered an idea which would preserve these buildings as well as have the
        Township not pay for them.” The motion was seconded by Committeeman Carter and carried
        unanimously.
                                                             MONTGOMERY TOWNSHIP COMMITTEE
                                                             September 16, 2010 – Page 9

15.     PAYMENT OF BILLS

        WHEREAS, The Township Committee of the Township of Montgomery has received bills to be
        paid as listed; and

        WHEREAS, The Chief Finance Officer and the Township Administrator have reviewed these
        bills and have certified that these bills represent goods and/or services received by the
        Township, that these are authorized and budgeted expenditures and that sufficient funds
        are available to pay these bills;

        NOW, THEREFORE, BE IT RESOLVED By the Township Committee of the Township of Montgomery as
        follows:

        1.    That these bills are hereby authorized for payment; and
        2.    That checks in the proper amounts are prepared and that necessary bookkeeping
              entries are made; and
        3.    That the proper Township Officials are authorized to sign the checks.

15-1.   Committeeman Carter moved the adoption of the foregoing resolution.   The motion was
        seconded by Committeeman Fay and carried on the following:

ROLL CALL –   Ayes – Carter, Dyer, Wilson, Fay, Caliguire
              Nays – None

16.     PLANNING BOARD/TOWNSHIP COMMITTEE JOINT MEETING

        Committeewoman Wilson pointed out that there will be a Planning Board hearing on the
        Housing Plan on September 27 which will provide an opportunity for the public to give
        input. She raised the question that the Township Committee might have a joint meeting
        that night with the Planning Board so that the whole Committee could hear the input from
        the public. She stated that if the majority of the Township Committee members attended
        the Planning Board meeting, it would have to be noticed as a joint meeting.

        Mayor Caliguire suggested that Committeewoman Wilson might want to attend the Planning
        Board meeting. He stated that if she was not participating in the meeting, he believed it
        would be okay.

        Attorney Hadinger explained that if all of the Township Committee were going to be at the
        Planning Board meeting and commenting, and the comments appear to be taking action and
        collaborating, then the meeting will have to be noticed as a joint meeting between the
        Planning Board and the Township Committee.

        Mayor Caliguire stated that the reason the Township Committee was meeting the next morning
        after the Planning Board was that a resolution will need to be passed before a specific
        date. He stated that he was okay with a joint meeting on September 27, if that was the
        consensus of the Township Committee. He stated that there had been a presentation of the
        entire plan by Township Planner Coppola and Planning Director Savron to the Planning
        Board.

        It was the consensus of the Township Committee to have a joint meeting with the Planning
        Board on September 27, 2010 at 7:30 p.m.

        Mayor Caliguire asked Attorney Hadinger what the protocol was for a joint Township
        Committee/Planning Board meeting.

        Attorney Hadinger explained that the room would be set up for both bodies, there are two
        separate roll calls, the opening statement is read, the Planning should go first since it
        is technically their hearing and as it is a public hearing, comments can be made. The
        Planning Board should go through that process in the normal protocol and take action.
        Mayor Caliguire stated that the Planning Board Chairman will run the meeting until such
        time as the Planning Board portion is over, then the Township Committee will start their
        portion of the meeting. Attorney Hadinger stated that she would work with the Planning
        Director and Township Clerk about the notice and the protocol.

        Bob Kress, Meadow Run Drive, asked why the Transportation Advisory Committee was never
        asked about the Herring development which would destroy the Traffic Circulation Plan. He
        was also sure that the Traffic Circulation Plan was never amended because he picked up all
        the documents and he has never seen it amended. He stated that the Township Committee
        sent the Planning Board a document suggesting they relocate the “connector road”.
        Attorney Hadinger stated there was a meeting in 2009 with representatives of the Planning
        Board. After a very detailed analysis, there was an effort by the Planning Board to look
        at which alignment would make more sense. Committeewoman Wilson stated that the point, at
        the time, was to look at the alignment of the Route 518 to Orchard Road connector with the
        Herring project in mind. The amendment to the Fair Share Plan that is contemplated now
        was not part of that configuration
                                                            MONTGOMERY TOWNSHIP COMMITTEE
                                                            September 16, 2010 – Page 10

17.   RESOLUTION TO CLOSE MEETING TO THE PUBLIC

      BE IT RESOLVED by the Township Committee of the Township of Montgomery in Somerset
      County, New Jersey as follows:

      1. The Township Committee will now convene in a closed session that will be limited only
         to consideration of items with respect to which the public may be excluded pursuant to
         Section 7B of the Open Public Meetings Act.

      2. The general nature of the subjects to be discussed in this session is as follows:

                Personnel matter involving terms and conditions of employment of the Township
                 Health Officer;
                Pending litigation with Country Club Meadows and its affiliates regarding Pike
                 Brook Sewage Treatment Plant, and advice of counsel concerning the litigation;
                Negotiations of terms and conditions of agreement with Somerset County for sale
                 of Skillman Village;
                Advice of counsel regarding acquisition of land (DuFour) with public funds for
                 farmland, open space and other purposes, and negotiation of terms and conditions
                 of agreements therefore.

      It is unknown precisely when, if ever, the matters will be disclosed to the public.
      No agreement shall be approved except by action of the Township Committee in open session.
      Matters concerning litigation may be announced upon the conclusion of any trial or
      settlement of the litigation. It is possible that at the end of the closed session, the
      Township Committee will reconvene in open session for the purpose of taking action.

17-1. Committeeman Fay moved the adoption of the foregoing resolution.   The motion was
      seconded by Committeeman Carter and carried unanimously.

18.   MUNICIPAL ALLIANCE

      Committeeman Carter stated that MaryEllen Sofield, who has been the Municipal Alliance
      paid administrator, has taken a full-time job with the State and there have been a number
      of discussions with Administrator Nieman and Attorney Hadinger about who the administrator
      of the Municipal Alliance is employed by. Is she in the employ of the Municipality or of
      the Alliance? The Alliance believes she is in the employ of the Alliance and because of
      that they want to move forward in appointing one of their co-chairs, Vasante Rao, to the
      position of administrator. Vasante has been part of the Alliance for five (5) years and
      they want to move her into the administrator role and increase the salary from $25.00 to
      $35.00 per hour. He pointed out that the Alliance also has a recording secretary.

      Committeeman Carter stated that most of the administrators are paid in the $35.00 per hour
      range in the County.

      Committeeman Fay stated that the administrator was largely responsible for getting grant
      money.

      Attorney Hadinger stated that the Municipal Alliance is created by the Governing Body and
      can be uncreated by the Governing Body and therefore is an employee of the Township. The
      position should be posted. There should be some process by which someone is interviewed
      to be hired.

      Mayor Caliguire asked if the Township Committee had to approve this or is it really just a
      formality. Administrator Nieman responded that the Township Committee had to approve
      their expenditures of funds.

      Mayor Caliguire asked what happened to the money if they don’t spend it.   Administrator
      Nieman responded that the County takes it back.

      Mayor Caliguire stated that he had a meeting with Jennifer Haftel and she was struggling
      with what it is the Municipal Alliance really does. It is drug and alcohol prevention
      that should be the focus and she agrees with that but she doesn’t quite know how to carry
      that out.

      Attorney Hadinger stated that a lot of towns run programs around Prom time, such as
      simulated cars with accidents.

      Committeewoman Wilson stated she thought it would be helpful to see the overall budget but
      also she was wondering if the Township Committee might suggest that they pay the
      administrator a given amount in a year or a salary and not an hourly wage. She asked how
      you budget with a grant not knowing for sure the amount. She suggested limiting it to a
      not to exceed number.
                                                            MONTGOMERY TOWNSHIP COMMITTEE
                                                            September 16, 2010 – Page 11
(Item #18 Cont.)

      Committeeman Fay stated that more than half the money the Municipal Alliance is spending
      is on proven prevention programs that they hear about from across the state and across the
      country. The programs are going on in Orchard Hill, the Middle School and the High
      School. They are working with the PTA’s. They have come up with some interesting new
      programs that, for example deal with stress relief and anti-bullying for kids. The
      philosophy or perceived wisdom now in this area is the best way to stop it is to encourage
      conditions that will not lead to it. They fund these programs but do not run them. They
      do end up running some of them, but the goal is that they find PTA’s or the schools or
      some other organization that wants to propose and run programs. Then the Municipal
      Alliance’s job is to fund them, evaluate them, and make decisions about what warrants
      being done. The reason that they are also doing workshops is because they have to work
      with all these other local entities. They are trying to provide a coordinated effort and
      role, and provide a focus so that the programs that are being developed make sense. His
      suggestion, as a short term solution, was that the Governing Body should tell the
      Municipal Alliance that they have to look at what has been spent in the past on this
      particular position and have that as the maximum not to exceed amount for future pay. He
      stated that the Township Committee should propose that the position be posted, on the
      assumption that it is at the old rate and with the old budget and if they cannot find
      someone, after a legitimate effort to find someone, they need to come back and offer
      enough to get someone to take the position. He felt that the Township should find out if
      they could get someone at the old rate, before making a decision that a particular person
      should get a higher rate than the Township was paying before.

      Committeeman Carter stated that he agreed with Committeeman Fay. He further stated that
      all the Municipal Alliance programs, he believed, had to be approved by the County.

      Committeeman Fay responded that the programs had to be approved by the County and
      ultimately by the State. The amount of red tape to make sure they are doing legitimate
      things is pretty substantial. They do need someone who will play a more intense
      administrative role than other boards and commissions because they have to go through a
      grant application process and have to constantly be showing the County and State that they
      are doing things legitimately.

      Mayor Caliguire stated he thought it was a good idea to interview others for this
      position, so they can get the right person.

      Committeeman Fay stated that he thought anyone interviewed should be told that there is a
      substantial amount of detail required of this position.

      Chief Financial Officer Sheppard stated that the financial controls have gotten far
      greater in the past year. He now requires the Chairpeople to co-sign anything.

      Committeeman Carter stated that he agreed with Committeeman Fay, the Mayor and all those
      who have discussed this. His question then was should he give Jennifer Haftel a call and
      tell her this is the case. Mayor Caliguire responded that Mr. Carter call her.

      Committeewoman Wilson stated she felt it would be good to capture in writing what was
      discussed and make sure it gets conveyed to the Municipal Alliance.

      Mayor Caliguire stated that it was important to let the Municipal Alliance   know that the
      Township Committee appreciates everything they do, they are just concerned   about the
      perception that the Township Committee is giving someone a paid position.    It has to be an
      arms length transaction and you have to make it available to everyone. In    this economy, a
      $25.00 to $35.00 per hour job is not insignificant for people who might be   out of work.

19.   MARY JACOBS LIBRARY

      Deputy Mayor Dyer stated that she had attended the Mary Jacobs Library Fundraising
      meeting. Their fundraising goal is approximately $100,000.00 and they have already raised
      $30,000.00.

20.   BOND ANTICIPATION NOTES SALE

      Chief Financial Officer Sheppard reported on the sale of Bond Anticipation Notes on
      September 22, 2010. He stated that on that date he would be finalizing the sale scheduled
      for $16,968,000.00 in a short-term Bond Anticipation Note for 1 year. Interest rate was
      1.5% gross. TD Bank was the winning bidder and the net is .55%. He stated that there
      were only two (2) bidders, TD Bank and Oppenheimer Fund.

21.   BEST PRACTICES

      Administrator Nieman stated that he had to fill out a form of 88 questions, of which the
      Township can answer yes to 62 questions. This was required by legislation passed in 2007
      in order to receive the balance of the Township’s last 5% of State Aid. At the last
      minute, on September 15, Administrator Nieman received a memo of clarification from the
      Department of Community Affairs on a number of the questions. He stated that it looked
      like he would be able to answer yes to enough of the questions to get 99% of the State
      Aid.

22.   16 HAMPTON COURT

      Attorney Hadinger stated that that the Attorney for the foreclosing lender for 16 Hampton
      Court says he will have the Consent for State Farm to move forward signed in a few days.

ADJOURNMENT was at 9:45 p.m. on a motion by Committeeman Carter.   The motion was seconded by
Committeeman Fay and carried unanimously.

Date of Approval:                                    _                                  _
                                                     Donna Kukla, Township Clerk

				
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