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          HOPEWELL TOWNSHIP COMMITTEE REGULAR MEETING
         HOPEWELL TOWNSHIP MUNICIPAL BUILDING AUDITORIUM
_______________________________________________________________________

                       Monday, March 23, 2009 – 7:06 p.m.
_______________________________________________________________________

PROPER STATEMENT OF NOTICE - Mayor Sandom called the meeting to order stating
that notice of the meeting had been posted on the municipal bulletin board and forwarded to the
Hopewell Valley News and The Times (the official newspapers) on January 6, 2009 in
accordance with the Open Public Meetings Act, Chapter 231, P.L. 1975.

ROLL CALL: Those answering the roll call of the Municipal Clerk:

COMMITTEE MEMBERS PRESENT: Burd, Markulec, Murphy, Mayor Sandom

                                ABSENT: None

STAFF PRESENT:          Administrator/Engineer Pogorzelski, CFO Borges, Municipal Clerk
                        Bielawski, Township Attorney Goodell

               ____________________________________________________

PLEDGE OF ALLEGIANCE TO THE FLAG - Mayor Sandom led those in attendance in the
Pledge of Allegiance to the flag.

               ____________________________________________________

Mayor Sandom advised that the Committee deviate from the scheduled agenda to consider action
on the following resolutions: Appointing a Member to the Hopewell Township Committee and
the Planning Board.

RESOLUTION #09-109. Read by title.

MOTION was made by Committee Member Murphy to appoint David Dafilou to fill the vacancy
of David Sandahl on the Hopewell Township Committee. He noted that Mr. Dafilou has been a
member of the Recreation Advisory Committee since its formation and his work on the Committee
included a comprehensive analysis of the pros and cons of an artificial turf field at Twin Pines
which he presented to the public and the Township Committee. Committee Member Murphy
further noted Mr. Dafilou’s finance background and expertise in the field of hospitals.

SECONDED by Committee Member Burd.
MOTION UNANIMOUSLY CARRIED

                                R E S O L U T I O N #09-109

                       A RESOLUTION APPOINTING A MEMBER
                          TO THE TOWNSHIP COMMITTEE

       BE IT RESOLVED, by the Township Committee of the Township of Hopewell, County
of Mercer, that David Dafilou is hereby appointed a member of the Township Committee to fill
the unexpired term expiring December 31, 2009.

                 __________________________________________________

Municipal Clerk Bielawski administered the Oath of Office to Township Committee Member
David Dafilou.

                 __________________________________________________
102


Mayor Sandom announced the following revised areas of responsibility and departmental
assignments for 2009:

          Public Safety, Public Works, Planning & Zoning………………………...Burd
          Health, Environmental, Finance…………………………………………..Dafilou
          Youth Advisory Committee, Agriculture, Open Space & Recreation …….Markulec
          Recreation, Buildings & Grounds, Parks, Legal & Interlocal Relations ... Murphy
          Administration, Senior Advisory Committee, Affordable Housing,
               Historic Preservation & Wastewater……………………………….Mayor Sandom

                   __________________________________________________

RESOLUTION #09-110. Read by title.
Motion by Markulec, seconded by Murphy to adopt Resolution #09-110.
MOTION UNANIMOUSLY CARRIED

                                 R E S O L U T I O N #09-110

                 HOPEWELL TOWNSHIP COMMITTEE APPOINTMENTS
                   TO BOARDS, COMMISSIONS AND COMMITTEES

       BE IT RESOLVED, on this 23rd day of March 2009, by the Township Committee of the
Township of Hopewell, County of Mercer, that the following are hereby appointed for the terms
designated:

PLANNING BOARD CLASS III:

(Township Committee Member)          James Burd     unexp.        12/31/09
                                                   (1 year)

                  ___________________________________________________

PRESENTATION – YOUTH ADVISORY BOARD

Committee Member Markulec recognized Hopewell Township Youth Advisory Board (YAB)
members who were present and asked that they approach the podium for their presentation.

Molly Haggerty introduced herself as Chairwoman of the YAB and Vice Chair CJ Sevilla
introduced the following members: Secretary Natalie Santos, Kelsey Bruno, Kevin Smith, Sam
Roskos, Sara Ricker, Sophie Heller, Stephanie Santiago, Julie Rockey, Nicole Pashley and Kelly
MacDonald.

Mr. Sevilla reviewed that approximately two years ago the YAB appeared before the Committee
to present the need for a teen center in the Hopewell Valley. At that time, the Committee
requested certain information with regard to the financing of such a center and subsequently the
YAB members have researched the issue.

Mr. Sevilla, Ms. Haggerty and members of the YAB gave a slide presentation that included the
following:

         Need for a Teen Center
         Positive Youth Development
         Survey of Hopewell Valley Students “after school”
         Youth at Risk “after school”
         Teen Centers in other Communities including Hamilton, NJ and Doylestown, PA
         Funding of Hamilton and Doylestown Teen Centers
         Hopewell Valley Teen Center Model including location such as Straube Center, size,
          lease, staffing, operating costs
         Funding the Teen Center
         Creation of a Task Force of adults and youth
                                                                                               103



Committee Members discussed the presentation and the creation of a task force as soon as
possible to explore a short term solution relative to a teen center,

Mr. Sevilla suggested that membership on the Task Force include a representative of the
Township Committee, a Youth Advisory Board member, parent, teacher and police officer.
Committee Member Markulec advised that the process to arrange a Task Force had commenced
and he recognized certain volunteers present in the audience that included YAB Advisor Kim
Bruno, Municipal Alliance Chair Heidi Kahme, Hopewell Valley Central High School Parents
Association representative Peggy Kershaw, and YMCA Board member Phil Ludeke.

Heidi Kahme, Chair of the Hopewell Valley Municipal Alliance, stated she was honored to
serve on the Teen Center Task Force and thanked the Township Committee and the YAB
members for their timely work on developing the Task Force. She expressed her support for a
teen center.

Kim Bruno, Youth Advisory Board Advisor, thanked the Township Committee and Mayor
Sandom for their prompt response in naming a Task Force. She also thanked the youth group for
their work and research with their peers.

Phil Ludeke, YMCA Board Member stated that it was an honor to serve on the Task Force. He
noted that he is a member of the YMCA Board Committee that is developing plans for the new
YMCA building and that a teen center was part of such plans. He expressed support for the task
force as an interim initiative for the teen center.

Police Chief George Meyer expressed support for the YAB and offered his assistance as the
task force moves forward.

Judy Niederer, Township Director of Parks & Recreation, volunteered her service as a
member of the task force and raised the possibility as to activities for the high school age group.

                 ___________________________________________________

MINUTES SUBMITTED FOR APPROVAL

Motion by Markulec, seconded by Burd to approve the April 28, 2008 Regular and Executive
Session Meeting Minutes. MOTION CARRIED
ABSTAIN: Dafilou

Motion by Markulec, seconded by Burd to approve the May 12, 2008 Regular and Executive
Session Meeting Minutes. MOTION CARRIED
ABSTAIN: Dafilou

                 ___________________________________________________

COMMITTEE MEMBERS AND STAFF REPORTS

Committee Member Burd reported on Public Works activities that included brush pick up and
clean up at the Alliger Park area of the new trail. He announced a household chemical and
electronics waste disposal day sponsored by the Mercer County Improvement Authority on
Saturday, March 28th from 8:00 a.m. to 2:00 p.m. at the Fire School at Baker’s Basin in
Lawrence Township. Committee Member Burd also reported on a Hopewell Valley Advisory
Board of Health meeting and discussions included deer management and testing of lead levels in
children at the ages of 12 and 24 months.

Committee Member Murphy announced that the Recreation Department’s Spring/Summer
program brochure has been mailed to residents, and he commended the Department for its work.
He reported on a meeting of the task force to discuss a proposed fireworks display in conjunction
with the Veteran’s Association Army Band Concert.

Committee Member Markulec announced the “Swing into Spring” dance for senior citizens with
the Youth Advisory Board is scheduled April 17th at Janssen Pharmaceutical. He also announced
that the Hopewell Valley Lacrosse League is sponsoring a community day on April 25th at the
Back Timberlane fields.
104


Mr. Pogorzelski reported on the status of the Plymouth Street project and that subsequent to a
meeting with a property owner concerning an easement the project will be sent out to bid. In
conjunction with said project, the NJDOT has requested that the township undertake
responsibility for the construction of the concrete channelizing of the islands at the intersections
with no expenses to the municipality. Mr. Pogorzelski solicited the Committee’s permission to
include the NJDOT’s request with the Plymouth Street project and the Committee concurred. He
also reported on the status of changes to the Pennington Circle and that NJDOT has requested a
public information meeting with the property owners on the Circle. He also reported on the
status of the Twin Pines cell tower.

Mr. Goodell reported that the Zeloof/Deer Valley litigation appeal has been withdrawn. He also
reported on an appeal filed by the Hopewell Valley Citizens Group against Berwind Property
Group (BPG), Hopewell Township Planning Board and Hopewell Township relating to Planning
Board approvals granted to BPG for the Carter Road site. Mr. Goodell reported on a tentative
agreement with K. Hovnanian with regard to the Brandon Farms sewer system and that the
matter will be discussed with the Committee in executive session. He also reported on a hearing
with regard to the sale of the Trenton Water Works to New Jersey American Water Company and
a related lawsuit by four municipalities including Hopewell Township.

Ms. Borges reported that the Request for Proposals for banking services has been sent out to
numerous banks in the vicinity and that a mandatory pre-bid meeting has been established for
April 8th. Ms. Borges also reported on the pension bill and state aid.

Ms. Bielawski announced that Tuesday, March 31st is the last day to register to vote for the
school election which will be held on Tuesday, April 21, 2009.

                ____________________________________________________

PUBLIC SECTION

No comments from the public.

                 ___________________________________________________

ORDINANCE – FINAL READING, PUBLIC HEARING AND ADOPTION

Mayor Sandom read by title the introduced ordinance:

       AN ORDINANCE MODIFYING SPEED ZONES 1 AND 2 ON PENNINGTON-
       TITUSVILLE ROAD AS FOUND IN SCHEDULE XVII SPEED LIMITS

Mr. Pogorzelski explained that the proposed ordinance establishes a speed limit of 25 miles per
hour on Pennington-Titusville Road between Timkak Lane and the Pennington Borough-Hopewell
Township line.

Mayor Sandom declared public hearing open.

Donald Mauer, a resident of Pennington-Titusville Road, asked if the 25 mile per hour speed limit
could be extended the entire route to Scotch Road. Mr. Pogorzelski replied that such would not
comply with the statutory requirements.

Motion by Markulec, seconded by Burd to close public hearing.
MOTION UNANIMOUSLY CARRIED

Motion by Markulec, seconded by Burd to adopt the introduced ordinance.
ROLL CALL VOTE:
AYES:        Burd, Markulec, Murphy, Mayor Sandom
NOES:        None
ABSTAIN: Dafilou
ORDINANCE ADOPTED

Ordinance advertised March 12, 2009 Hopewell Valley News. Posted municipal bulletin board as
required by law.
                                                                                             105



                              O R D I N A N C E N O. 09-1464

               AN ORDINANCE MODIFYING SPEED ZONES 1 AND 2 ON
                  PENNINGTON-TITUSVILLE ROAD AS FOUND IN
                        SCHEDULE XVII SPEED LIMITS

        WHEREAS, Pennington-Titusville Road is owned and maintained by the Township of
Hopewell; and
        WHEREAS, the 25 mile per hour speed limit that is posted on Pennington-Titusville
Road has been found to be in conflict with the 35 mile per hour speed limit as listed in Schedule
XVII for Zone 2 of the road; and
        WHEREAS, the road character in Zone 2 is such that 25 miles per hour has been
determined to be an appropriate speed limit, those characteristics being both a residential zone
and a school zone; and
        WHEREAS, it has been determined that Zone 2 and the 25 mile per hour speed limit
should be extended westward to the intersection of Timkak Lane due to the residential nature of
that area as well as the proximity to the Hopewell Valley Central High School, the Timberlane
Middle School and the Athletic Fields at Timberlane complex; and
        WHEREAS, it is necessary to reduce the speeds limit listed in Schedule XVII, Zone 2, to
25 miles per hour to conform to the road characteristics.
        NOW, THEREFORE BE IT ORDAINED, by the Township Committee of the
Township of Hopewell, County of Mercer, State of New Jersey, that the speed limit on
Pennington-Titusville Road between Timkak Lane and the Pennington Borough-Hopewell
Township line is established at 25 miles per hour and Schedule XVII section o of the Hopewell
Township ordinances read as follows:

  o.   Pennington-            Both         Zone 1 - 40 MPH        Between County Road 579
       Titusville Road                                            and [South Timberlane Road]
                                                                  Timkak Lane.

                                           Zone 2 - [35] 25       Between [South Timberlane
                                           MPH                    Road] Timkak Lane and the
                                                                  Pennington Borough-
                                                                  Hopewell Township line
                                                                  [except 25 MPH when
                                                                  passing through the Hopewell
                                                                  Central High School zone
                                                                  during recess when the
                                                                  presence of children is clearly
                                                                  visible from the roadway or
                                                                  while children are going to or
                                                                  leaving school during opening
                                                                  or closing hours].

This ordinance shall take effect upon publication and in accordance with law.

                ___________________________________________________

ORDINANCE – FINAL READING, PUBLIC HEARING AND ADOPTION

Mayor Sandom read by title the introduced ordinance:

       AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN THE
       HONEYBROOK ESTATES AT ELM RIDGE DEVELOPMENT

Mayor Sandom declared public hearing open. No comments from the public.
Motion by Markulec, seconded by Burd to close public hearing.
MOTION UNANIMOUSLY CARRIED
106

Motion by Markulec, seconded by Burd to adopt the introduced ordinance.
ROLL CALL VOTE:
AYES:        Burd, Markulec, Murphy, Mayor Sandom
NOES:        None
ABSTAIN: Dafilou
ORDINANCE ADOPTED

Ordinance advertised March 12, 2009 Hopewell Valley News. Posted municipal bulletin board as
required by law.
                             O R D I N A N C E N O. 09-1465

             AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS
        IN THE HONEYBROOK ESTATES AT ELM RIDGE DEVELOPMENT

        WHEREAS, Facompre Construction, Inc. is the developer for a development known as
Honeybrook Estates at Elm Ridge, and is also the owner of the lands comprising the "public
improvements" as more particularly shown on (1) Filed Map No. 3298, entitled "Final
Subdivision Plan of Lot No. 14 in Block 43.02 of Honeybrook Estates at Elm Ridge for
Facompre Construction, Inc., Hopewell Township, Mercer Co., NJ", prepared by Van Note-
Harvey Associates, P.C., dated December 2, 1996, and revised through January 14, 1997, filed in
the Mercer County Clerk's Office on July 28, 1997; (2) Filed Map No. 3310, entitled "Final
Subdivision Plan of Lot No. 14.01 in Block 43.02 of Honeybrook Estates at Elm Ridge for
Facompre Construction, Inc., Hopewell Township, Mercer Co., NJ", prepared by Van Note-
Harvey Associates, P.C., dated December 2, 1996, and revised through January 14, 1997, filed in
the Mercer County Clerk's Office on November 19, 1997; and (3) Filed Map No. 3328, entitled
"Preliminary/Final Subdivision Plan of Lot No. 14.02 in Block 43.02 of Honeybrook Estates at
Elm Ridge for Facompre Construction, Inc., Hopewell Township, Mercer Co., NJ", prepared by
Princeton Junction Engineering, P.C., dated May 13, 1997, filed in the Mercer County Clerk's
Office on February 24, 1998; and
        WHEREAS, Facompre Construction, Inc., in accordance with the filed maps and the
development approvals obtained, has dedicated to the Township of Hopewell the public rights of
way and easements as shown on the Filed Map Nos. 3298, 3310 and 3328; and
        WHEREAS, the Township Administrator/Engineer has approved the acceptance of the
public rights of way and improvements; and
        WHEREAS, the Township is now required to accept and assume responsibility for the
public rights of way and easements.
        IT IS NOW, THEREFORE ORDAINED, by the Township Committee of the
Township of Hopewell, in the County of Mercer, State of New Jersey, that the Township of
Hopewell hereby accepts the public rights of way and easements as shown on Filed Map Nos.
3298, 3310 and 3328 which specifically include:

A.     Road Way Dedication

       Rustic Drive (50' R.O.W. with variable width cul-de-sac)

B.     Easements

        Description                               Block   Lot(s)

        12' Wide Access Easement                  43.02   14.08

        122 Square Foot Storm Drain Easement      43.02   14.06

        0.478 Acre Conservation Easement          43.02   14.08
        0.664 Acre Conservation Easement          43.02   14.07
        0.196 Acre Conservation Easement          43.02   14.06
        6.373 Acre Conservation Easement          43.02   14.10
                                                                                            107


        0.097 Acre Drainage Easement               43.02   14.04
        0.103 Acre Drainage Easement               43.02   14.03
        0.163 Acre Drainage Easement               43.02   14.03
        0.061 Acre Drainage Easement               43.02   14.07
        0.108 Acre Drainage Easement               43.02   14.08

        1.679 Acre Detention Basin Easement        43.02   14.08

       BE IT FURTHER ORDAINED, that this ordinance shall take effect upon publication in
accordance with law.

                ___________________________________________________

ORDINANCE – FINAL READING, PUBLIC HEARING AND ADOPTION

Mayor Sandom read by title the introduced ordinance:

       AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN THE
       RAPPAPORT SECTION II DEVELOPMENT

Mayor Sandom declared public hearing open. No comments from the public.
Motion by Markulec, seconded by Burd to close public hearing.
MOTION UNANIMOUSLY CARRIED

Motion by Markulec, seconded by Burd to adopt the introduced ordinance.
ROLL CALL VOTE:
AYES:        Burd, Markulec, Murphy, Mayor Sandom
NOES:        None
ABSTAIN: Dafilou
ORDINANCE ADOPTED

Ordinance advertised March 12, 2009 Hopewell Valley News. Posted municipal bulletin board as
required by law.

                              O R D I N A N C E N O. 09-1466

               AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS
                 IN THE RAPPAPORT SECTION II DEVELOPMENT

        WHEREAS, Facompre Construction, Inc. is the developer for a development known as
Rappaport II, as more particularly shown on Filed Map No. 3762, entitled "Final Plan – Section
Two of Lot 2.03, Block 15, for Liza Price Rappaport, Hopewell Township, Mercer County, New
Jersey", prepared by Princeton Junction Engineering, P.C., Princeton Junction, New Jersey, dated
February 10, 1999 and filed in the Mercer County Clerk's Office on January 19, 2001; and
        WHEREAS, the developer, in accordance with the filed maps and the development
approvals obtained, has dedicated to the Township of Hopewell the "public improvements"
which include public rights of way and easements as shown on Filed Map No. 3762; and
        WHEREAS, the Township Administrator/Engineer has approved the acceptance of the
public rights of way and improvements; and
        WHEREAS, the Township is now required to accept and assume responsibility for the
public rights of way and easements.
        IT IS NOW THEREFORE ORDAINED, by the Township Committee of the Township
of Hopewell, in the County of Mercer, State of New Jersey, that the Township of Hopewell
hereby accepts the public rights of way and easements as shown on Filed Map No. 3762 which
specifically include:

A.     Road Way Dedication

       Benson Lane (50' R.O.W.)
108

B.     Easements

        Description                               Block     Lot(s)

        0.030 Acre Sight Triangle Easement             15   2.20
        0.030 Acre Sight Triangle Easement             15   2.04

        1.698 Acre Landscape Buffer Easement           15   2.98 (formerly Lot 2.99)

        0.228 Acre Conservation Easement               15   2.20
        1.520 Acre Conservation Easement               15   2.06
        1.802 Acre Conservation Easement               15   2.98 (formerly Lot 2.99)
        0.544 Acre Conservation Easement               15   0.171 Acres on Lot 2.16
                                                            0.373 Acres on Lot 2.18
                                                            (formerly Lot 2.99)
        3.226 Acre Conservation Easement               15   0.584 Acres on Lot 2.14
                                                            2.642 Acres on Lot 2.98
                                                            (formerly Lot 2.99)

        0.045 Acre 20' Wide Drainage Easement          15   2.20

       BE IT FURTHER ORDAINED, that this ordinance shall take effect upon publication in
accordance with law.

                ___________________________________________________

ORDINANCE – FINAL READING, PUBLIC HEARING AND ADOPTION

Mayor Sandom read by title the introduced ordinance:

       AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS IN THE
       RAPPAPORT SECTION III DEVELOPMENT

Mayor Sandom declared public hearing open. No comments from the public.
Motion by Markulec, seconded by Burd to close public hearing.
MOTION UNANIMOUSLY CARRIED

Motion by Markulec, seconded by Burd to adopt the introduced ordinance.
ROLL CALL VOTE:
AYES:        Burd, Markulec, Murphy, Mayor Sandom
NOES:        None
ABSTAIN: Dafilou
ORDINANCE ADOPTED

Ordinance advertised March 12, 2009 Hopewell Valley News. Posted municipal bulletin board as
required by law.


                             O R D I N A N C E N O. 09 -1467

               AN ORDINANCE ACCEPTING PUBLIC IMPROVEMENTS
                 IN THE RAPPAPORT SECTION III DEVELOPMENT

       WHEREAS, Liza Price Rappaport is the developer and owner of the lands comprising
the "public improvements", in a development known as Rappaport III, more particularly shown
on Filed Map No. 3833, entitled "Final Plan – Amended Section Three of Lot 2.99, Block 15, for
Liza Price Rappaport, Hopewell Township, Mercer County, New Jersey", prepared by Princeton
Junction Engineering, P.C., Princeton Junction, New Jersey, dated November 16, 2001, and
revised through May 9, 2002 and filed in the Mercer County Clerk's Office on October 11, 2002;
and
       WHEREAS, Liza Price Rappaport, in accordance with the filed map and the
development approvals obtained, has dedicated to the Township of Hopewell the public rights of
way and easements as shown on the Filed Map No. 3833; and
                                                                                         109


        WHEREAS, the Township Administrator/Engineer has approved the acceptance of the
public rights of way and improvements; and
        WHEREAS, the Township is now required to accept and assume responsibility for the
public rights of way and easements.
        IT IS NOW, THEREFORE ORDAINED, by the Township Committee of the
Township of Hopewell, in the County of Mercer, State of New Jersey, that the Township of
Hopewell hereby accepts the public rights of way and easements as shown on Filed Map No.
3833 which specifically include:

A.     Road Way Dedication


       Benson Lane (50' R.O.W. with a temporary variable width cul-de-sac)

B.     Easements

        Description                                 Block    Lot(s)

        0.584 Acre Conservation Easement              15     2.14
        2.642 Acre Conservation Easement              15     2.98
        0.171 Acre Conservation Easement              15     2.16
        0.373 Acre Conservation Easement              15     2.18
        1.802 Acre Conservation Easement              15     2.98

        64,761 Square Foot Drainage Easement          15     2.98

        1.698 Acre Landscape Buffer Easement          15     2.98 (formerly Lot 2.99)

       BE IT FURTHER ORDAINED, that this ordinance shall take effect upon publication in
accordance with law.

                 ___________________________________________________

ORDINANCE – INTRODUCTION AND FIRST READING

Mayor Sandom read by title the ordinance for introduction:

       AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER X, "FEES
       AND PERMITS, "SECTION 10-8, "POLICE," SUBSECTION 10-8.1, "FEES
       REQUIRED," OF THE REVISED GENERAL ORDINANCES OF THE
       TOWNSHIP OF HOPEWELL

Mr. Pogorzelski explained the proposed ordinance increases the fees required for special duty
police officers for traffic control.

Motion by Markulec, seconded by Burd to introduce the ordinance on first reading.
ROLL CALL VOTE:
AYES:        Burd, Dafilou, Markulec, Murphy, Mayor Sandom
NOES:        None
ORDINANCE INTRODUCED

Second reading, public hearing date April 13, 2009, at 7:00 p.m.

                 ___________________________________________________

ORDINANCE – INTRODUCTION AND FIRST READING

Mayor Sandom read by title the ordinance for introduction:

       AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER VII,
       "TRAFFIC," SECTION 7-6.2, "STOP INTERSECTION," SCHEDULE VIII
110



Motion by Markulec, seconded by Burd to introduce the ordinance on first reading.
ROLL CALL VOTE:
AYES:        Burd, Dafilou, Markulec, Murphy, Mayor Sandom
NOES:        None
ORDINANCE INTRODUCED

Second reading, public hearing date April 13, 2009, at 7:00 p.m.

                 ___________________________________________________

CONSENT AGENDA ITEMS

RESOLUTIONS #09-111 THROUGH #09-114. Read by title.
Motion by Markulec, seconded by Burd to adopt Resolutions #09-111 through #09-114.
MOTION UNANIMOUSLY CARRIED

                                    RESOLUTION #09-111

                      A RESOLUTION AUTHORIZING REFUND OF
                             2008 TAX OVERPAYMENTS

       WHEREAS, the Tax Collector has determined that overpayments exist on 2008 tax
accounts as follows:

BLOCK/LOT             OWNER                                                OVERPAYMENT
122/120.01            Nungester, Gregory and Julie,
                       sold to Nakra, Jakangir and Teresa                           $2,160.57
93/49.09       Kuhn, Jeffrey and Anne M.                                            $5,728.82
98/48          Olson, Randy & Catherine                                             $1,742.88

       WHEREAS, said overpayments should be refunded.
       NOW, THEREFORE BE IT RESOLVED, on this 23rd day of March, 2009 by the
Township Committee of the Township of Hopewell, County of Mercer, State of New Jersey, that
the overpayment of 2008 tax accounts(s) as detailed be refunded as shown on the attached
schedule:
       BE IT FURTHER RESOLVED, that a copy of this resolution shall be forwarded to the
Tax Collector and Finance Officer.

                 ___________________________________________________

                                 R E S O L U T I O N #09-112

                             RESOLUTION FOR REDEMPTION
                               OF TAX SALE CERTIFICATE
                                  (BLOCK 78.13, LOT 41)

               WHEREAS, on July 25, 2008 CCTS Tax Lien I purchased Tax Sale Certificate
       #08-026, for property located at Block 78.13, Lot 41; and
               WHEREAS, the mortgage company, Countrywide Home Loans, Inc. has now
       Redeemed the Tax Sale Certificate by remitting to the Township of Hopewell the total
       taxes paid by the Lien Holder plus interest; and
               WHEREAS, the Township can now release the principal and interest.
               NOW, THEREFORE, BE IT RESOLVED, on this 23rd day of March, 2009,
       that the Township Committee of the Township of Hopewell, Mercer County, State of
       New Jersey, hereby authorize the Tax Collector to release the amount specified to the
       Lien Holder as specified below:

       BLOCK                  LOT     NAME                    AMOUNT       LIEN HOLDER

       78.13          41      Tal, Gabi & Ronnie     455.31        CCTS Tax Lien I
                                                                                               111


                 ___________________________________________________

                                 R E S O L U T I O N #09-113

                         A RESOLUTION AUTHORIZING THE
                         EXECUTION OF A SUBORDINATION
                        AGREEMENT FOR BLOCK 78.06, LOT 116

        WHEREAS, the Township of Hopewell through the Hopewell Township Housing
Rehabilitation Program has made available to the above-referenced property a rehabilitation loan
in the amount of seventeen thousand four hundred forty ($17,440.00) dollars on November 4,
2003; and
        WHEREAS, the property owner wishes to obtain a home equity loan at a competitive
refinance rate which will result in significant savings to the owner; and
        WHEREAS, the Township is satisfied that there is sufficient equity in the property to
continue to secure the Township's rehabilitation loan following the placing of a home equity loan
on the property.
        NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the
Township of Hopewell as follows:
        1.     The Mayor and Clerk of the Township of Hopewell are hereby authorized and
directed to execute a Subordination Agreement for the Township's seventeen thousand four
hundred forty ($17,740.00) dollar rehabilitation loan concerning Block 78.06, Lot 116 (26
Flower Hill Drive), Hopewell Township, New Jersey. Said subordination shall be to a home
equity loan through Third Federal Savings Bank, 2075 Pennington Road, Ewing, New Jersey
08618.
        2.     A certified true copy of this Resolution shall be furnished upon its adoption to the
Hopewell Township Affordable Housing Municipal Liaison for forwarding to the Third Federal
Savings Bank.

                 ___________________________________________________

                                 R E S O L U T I O N #09-114

  A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT
WITH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
     PREPARATION OF A COMMUNITY FORESTRY MANAGEMENT PLAN

       NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the
Township of Hopewell, that the Mayor and Clerk be authorized to execute the grant agreement
with the New Jersey Department of Environmental Protection for the preparation of a
Community Forestry Management Plan.

                 ___________________________________________________

RESOLUTION #09-115. Read by title.
Motion by Markulec, seconded by Burd to adopt Resolution #09-115.
MOTION UNANIMOUSLY CARRIED

                                 R E S O L U T I O N #09-115

                          A RESOLUTION AMENDING 2008
                       PROFESSIONAL SERVICES AGREEMENTS

       WHEREAS, the Township entered into a Professional Services Agreement for the year
2008 with the firm noted below; and
       WHEREAS, it is necessary to amend this agreement to change the amount/and or the
term of the contract; and
       WHEREAS, the Chief Financial Officer has certified that the funds are available.
       NOW, THEREFORE, BE IT RESOLVED on this 23rd day of March, 2009 by the
Township Committee of the Township of Hopewell, County of Mercer, State of New Jersey, that
the 2008 Professional Services Agreement be and hereby is amended as follows:
112

 FIRM                                   CURRENT       PROPOSED       CURRENT      PROPOSED
                                        MAXIMUM       MAXIMUM        TERM         TERM
                                                                     EXPIRES      EXPIRES
 Van Cleef Engineering                  $ 6,805.50    $ 12,245.00    12/31/08     No
 (Affordable Housing)                                                             Change
 Arora Associates                       $ 5,000.00    $ 5,235.00     12/31/08     No
 (Traffic Engineering)                                                            Change

                   ___________________________________________________

RESOLUTION #09-116. Read by title.
Motion by Markulec, seconded by Burd to adopt Resolution #09-116.
MOTION UNANIMOUSLY CARRIED


                                     R E S O L U T I O N #09-116

                            A RESOLUTION AMENDING 2009
                         PROFESSIONAL SERVICES AGREEMENTS

       WHEREAS, the Township entered into a Professional Services Agreement for the year
2009 with the firms noted below; and
       WHEREAS, it is necessary to amend this agreement to change the amount/and or the
term of the contract; and
       WHEREAS, the Chief Financial Officer has certified that the funds are available.
       NOW, THEREFORE, BE IT RESOLVED on this 23rd day of March, 2009 by the
Township Committee of the Township of Hopewell, County of Mercer, State of New Jersey, that
the 2009 Professional Services Agreement be and hereby is amended as follows:

 FIRM                                   CURRENT       PROPOSED       CURRENT      PROPOSED
                                        MAXIMUM       MAXIMUM        TERM         TERM
                                                                     EXPIRES      EXPIRES
 Hopewell Valley Engineering, P.C.      $18,969.00    $25,000.00     12/31/09     No
 (Survey Services-Pennytown)                                                      Change

                   ___________________________________________________

RESOLUTION #09-117. Read by title.
Motion by Markulec, seconded by Burd to adopt Resolution #09-117.
MOTION UNANIMOUSLY CARRIED

                                     R E S O L U T I O N #09-117

                              A RESOLUTION AUTHORIZING
                          PROFESSIONAL SERVICES AGREEMENT

        WHEREAS, there exists a need for professional services for the following: Assistance to
the Township with Open Space affairs; and
        WHEREAS, the estimated cost of the contract is $2,500.00 for assistance to the Township
with Open Space affairs; and funds will be available in the 2009 budget appropriations for this
purpose certified by the local finance officer; and
        WHEREAS, the Local Public Contracts Law (N.J.S.A.40A:11-1 et seq.) requires that a
resolution authorizing the award of contracts for "Professional Services" without competitive bids
and the contract itself must be available for public inspection.
        NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the
Township of Hopewell, as follows:
        1.      The Mayor and Clerk are hereby authorized and directed to execute the attached
            agreement with:
                Van Cleef Engineering Associates, 4 AAA Drive, Suite 102, Hamilton, NJ
                                                                                                 113


        2. The contracts are awarded without competitive bidding as a "Professional Service" under
the provisions of the Local Public Contracts Law N.J.S.A.40A:11-5 (1)(a) as a contract for services
to be performed by persons authorized by law to practice recognized professions that are regulated
by law and it is not possible to obtain competitive bids.
        3. A notice of this action shall be published once in the official newspaper as required by
law.
                  ___________________________________________________

RESOLUTION #09-118. Read by title.

Ms. Borges explained the proposed following emergency temporary appropriations:           Senior
services amount of $2,000 to fund the “Swing into Spring” event; Fleet maintenance amount of
$30,000 for vehicle maintenance and repair; and Public Works in the amount of $21,000 for overall
maintenance supplies.

Motion by Markulec, seconded by Burd to adopt Resolution #09-118.
ROLL CALL VOTE:
AYES:        Burd, Dafilou, Markulec, Murphy, Mayor Sandom
NOES:        None
                               R E S O L U T I O N #09-118
                            A RESOLUTION FOR AN
                     EMERGENCY TEMPORARY APPROPRIATION

        WHEREAS, an emergent condition has arisen with respect to the below listed categories
and no adequate provision has been made in the 2009 temporary appropriations for the aforesaid
purpose, and N.J.S.A. 40A:4-20 provides for the creation of an emergency temporary appropriation
for the purpose above mentioned; and
        WHEREAS, the total emergency temporary resolutions adopted in the year 2009 pursuant
to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20) including this resolution total
$4,446,906.25;
        NOW, THEREFORE, BE IT RESOLVED, on this 23rd day of March 2009, by the
Township Committee of the Township of Hopewell, County of Mercer, State of New Jersey (not
less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the
provisions of N.J.S.A. 40A:4-20:
1. An emergency temporary appropriation be and the same is hereby made for:

               Senior Services O/E                                 2,000.00
               Fleet Maintenance O/E                              30,000.00
               Public Works O/E                                   21,000.00

                 Total                                      $ 53,000.00
2. That said emergency temporary appropriation has been provided for in the 2009 budget under
the title of:
                 As listed in 1 above
         2.      That one certified copy of this resolution be filed with the Director of Local
              Government Services.

                 ___________________________________________________

RESOLUTION #09-119. Read by title.
Motion by Markulec, seconded by Burd to adopt Resolution #09-119.
ROLL CALL VOTE:
AYES:        Burd, Dafilou, Markulec, Murphy, Mayor Sandom
NOES:        None
114

                                  R E S O L U T I O N #09-119

                          A RESOLUTION FOR AN EMERGENCY
                             TEMPORARY APPROPRIATION
                                 (UTILITY BUDGETS)

        WHEREAS, an emergent condition has arisen with respect to Water O/E as listed below;
and no adequate provision has been made in the 2009 Utility Budgets temporary appropriations for
the aforesaid purpose, and N.J.S.A. 40A:4-20 provides for the creation of an emergency temporary
appropriation for the purpose above mentioned; and
        WHEREAS, the total emergency temporary resolutions adopted in the year 2009 pursuant
to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20) including this resolution total
$19,796.00 Water and $18,496.00 Sewer;
        NOW, THEREFORE, BE IT RESOLVED, on this 23rd day of March 2009, by the
Township Committee of the Township of Hopewell, County of Mercer, State of New Jersey (not
less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the
provisions of N.J.S.A. 40A:4-20:
1.      An emergency temporary appropriation be and the same is hereby made for:


                       WATER
                       Other Expenditures                     $ 10,000.00
                                                 Total        $ 10,000.00

2.     That said emergency temporary appropriation has been provided for in the
       2009 budget under the title: As listed in 1 above
3.     That one certified copy of this resolution be filed with the Director of
       Local Government Services.

                 ___________________________________________________

RESOLUTION #09-120. Read by title.
Motion by Markulec, seconded by Burd to adopt Resolution #09-120.
MOTION UNANIMOUSLY CARRIED



                                  R E S O L U T I O N #09-120

                        2008 BUDGET TRANSFER RESOLUTION #7

      BE IT RESOLVED on this 23rd day of March 2009, by the Township Committee of the
Township of Hopewell, County of Mercer and State of New Jersey, that a transfer be made in the
2008 Budget appropriations as follows:

 From:

       Street Lighting O/E                            $700.00

                               Total                  $700.00
 To:
       Telephone O/E                                  $700.00

                               Total                  $700.00

                 ___________________________________________________

RESOLUTION #09-121. Read by title.
Motion by Markulec, seconded by Burd to adopt Resolution #09-121.
ROLL CALL VOTE:
AYES:        Burd, Dafilou, Markulec, Murphy, Mayor Sandom
NOES:        None
                                                                                              115


                                R E S O L U T I O N #09-121

                                      BILLS & CLAIMS

       BE IT RESOLVED, that the list of cash disbursements authorized for Approval of bills
for payment dated March 23, 2009 in the following amounts:
       Bills and Claims                     -       $ 5,114,879.63
       Payroll                              -       $    343,713.04
       Total Disbursements                  -       $ 5,458,592.67
Itemized and listed on the submitted schedule are hereby approved and filed as a record as part of
the minutes of this meeting.

                ___________________________________________________

PUBLIC SECTION

Kim Johnson questioned the Plymouth Street conservation easement; the bid process and actual
description of the improvement.

                ___________________________________________________

EXECUTIVE SESSION RESOLUTION. Read into the record.
Mayor Sandom stated that the regular meeting may reconvene following the Executive Session.

Motion by Markulec, seconded by Burd to go to Executive Session to discuss, contract
negotiations, legal and personnel matters.
MOTION UNANIMOUSLY CARRIED

                           EXECUTIVE SESSION RESOLUTION

       WHEREAS, it is necessary for the Township Committee to discuss contract
negotiations, legal, and personnel matters; and
       WHEREAS, N.J.S.A. 10:4-12 permits the Township Committee to conduct a meeting
from which the public is excluded in order to discuss such matters; and
       WHEREAS, the time when and circumstances under which discussion conducted in
executive session may be disclosed to the public is when appropriate.
       NOW, THEREFORE, BE IT RESOLVED, on this 23rd day of March 2009, by the
Township Committee of the Township of Hopewell, County of Mercer, State of New Jersey, that
the Township Committee shall forthwith conduct an executive session to discuss the above.

                ____________________________________________________

At 8:55 p.m. the Executive Session was held.
At 10:10 p.m. the regular meeting reconvened.

                ____________________________________________________

Counsel explained the settlement agreement with Hovnanian regarding the Brandon Farms Sewer
System. He advised that Hovnanian will pay Hopewell Township the sum of $175,000 and
provide an easement to the township for the Brandon Farms pump station.

RESOLUTION #09-122. Read by title.
Motion by Markulec, seconded by Burd to adopt Resolution #09-122.
MOTION UNANIMOUSLY CARRIED
116

                               R E S O L U T I O N #09-122

              RESOLUTION APPROVING SETTLEMENT AGREEMENT

         WHEREAS, on January 19, 2000, K. Hovnanian and others settled a legal action against
Hopewell and others, Docket No. 30-34, Superior Court of New Jersey, Mercer County Chancery
Division; and
         WHEREAS, the legal action raised issues regarding the use and operation of the
Brandon Farms Sewer System; and
         WHEREAS, on or about November 1, 2006, K. Hovnanian filed a motion in aid of
litigant’s rights against the Ewing-Lawrence Sewerage Authority and the Township of Hopewell
seeking to enforce its rights under the January 19, 2000 Settlement Agreement; and
         WHEREAS, a plenary hearing was begun before the Hon. Neil H. Shuster on October
11, 2006, and Judge Shuster subsequently referred the matter to Special Master Robert C.
Fitzpatrick, PE, who issued a report dated January 22, 2008; and
         WHEREAS, K. Hovnanian’s motion in aid of litigant’s rights remains pending before
the Superior Court (before the Hon. Maria M. Sypek); and
         WHEREAS, K. Hovnanian and Hopewell would now like to settle their differences and
have reached an amicable resolution of their dispute and
         WHEREAS, the settlement will result in, among other things, the dismissal of K.
Hovnanian’s pending motion in aid of litigant’s rights; and
         WHEREAS, settlement with K. Hovnanian is in the best interest of Hopewell Township.
         NOW, THEREFORE, be it resolved that the Hopewell Township Committee authorizes
the Mayor and Clerk of the Township of Hopewell to enter into a settlement agreement
substantively similar to the Agreement attached hereto, with the final form to be reviewed and
approved by the Township Attorney.

               ____________________________________________________

At 10:12 p.m., Motion by Markulec, seconded by Burd to adjourn the meeting.
MOTION UNANIMOUSLY CARRIED




                                                         ____________________________
                                                         ANNETTE C. BIELAWSKI
                                                         MUNICIPAL CLERK

								
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