May 13, 2008 Regular Meeting Minutes · May 13, 2008 Regular Meeting Minutes 1 Minutes of the Regular Meeting of the Township Committee of the Township of Hillsborough, in the County

May 13, 2008 Regular Meeting Minutes

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Minutes of the Regular Meeting of the Township Committee of the Township of

Hillsborough, in the County of Somerset, State of New Jersey, held in the Municipal Complex at 7:30 p.m. on the above date. Upon call of the roll, the following Committee members were recorded present: Committeewoman Lisa Nisivoccia, Committeeman Carl Suraci, Committeeman Bob Wagner, Deputy Mayor Frank DelCore and Mayor Anthony Ferrera. Also in attendance were Township Attorney Albert Cruz, Township Administrator/Clerk Kevin P. Davis and Assistant to the Administrator Dianne Borngesser. Following the Salute to the Flag, Mayor Ferrera advised that notice of this Regular Session was made in accordance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975, by posting on the bulletin board at the Municipal Building and by mailing to the Township’s official newspapers, a notice that this regular session would take place at the Hillsborough Municipal Building at 7:30 p.m. on May 13, 2008.

APPROVAL OF MINUTES

• Approval of the April 22, 2008 Executive Session Minutes Upon motion by Committeeman Wagner, seconded by Committeeman Suraci, the

minutes of the April 22, 2008 Executive Session were approved upon the call of the roll by Committeeman Suraci, Committeeman Wagner, Deputy Mayor DelCore and Mayor Ferrera, Committeewoman Nisivoccia abstained.

REPORTS FROM COMMITTEE LIAISONS, AND RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS Committeewoman Nisivoccia Not at this time. Committeeman Suraci Not at this time. Committeeman Wagner Committeeman Wagner said it is an honor to announce the Township’s Memorial Day activities which are scheduled for Saturday, May 24, 2008. He encourages all residents to mark their calendars for this very important day, where our community honors those who have made the ultimate sacrifice in defense of our country. Committeeman Wagner announced that the annual parade will begin at 10:30 a.m. and the Garden of Honor ceremony begins at 11:15 a.m. The public is invited and encouraged to attend these important events of the day. Committeeman Wagner is particularly honored to announce that Hillsborough resident Mildred Murphy, who has served as an army hospital nurse during WWII and whose services were recently profiled in the courier news, will serve as the Grand Marshall for the parade and


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the activities that follow. “Millie” as she’s known here, is a volunteer member of the Hillsborough CERT team and also volunteers her services in the Hillsborough Police Department. We are proud and honored to have her serve as our Grand Marshall this year. Committeeman Wagner stated that the township also hosts the annual Salute to Veterans Pre‐Parade Breakfast which will begin at 8:30 a.m. Committeeman Wagner believes there is no group more appreciative to lead us in paying tribute to those who have perished in the service of the United States, than our military veterans. Committeeman Wagner noted, having our veterans more involved in our community over the last few years has been a huge success and very well received. We look forward to the participation of the veterans again this year. All military veterans, reserves, National Guard, active duty personnel and widows of veterans are invited to attend the breakfast and join in the parade. Committeeman Wagner explained that last year our WWII Veterans were the special honorees. This year, in recognition of the 55th anniversary of the Korean War, Korean War Veterans will be our special honorees. Committeeman Wagner encourages all Korean War Veterans to join us for this fitting tribute. Also, he encourages all other veterans to come out in support of the Korean War brethren to help lead the ceremonies. Committeeman Wagner stated that more information will be available on the township website and through the Mayor’s e‐newsletter. On behalf of the Township Committee Mr. Wagner expressed what an honor it is to be part of this day and it makes us proud to be Americans. Committeeman Wagner announced through the hard work and diligence of our attorney, Albert Cruz we have received a reimbursement from the state and county farmland preservation programs of $645,000, toward the preservation of development rights at the Zamek Farm. Committeeman Wagner also thanked Mr. Cruz for a job well done. Committeeman Wagner said the funds are returned to the township Open Space trust fund for use in pursuing further farmland for open space preservation projects. The 44 acre Zamek farm was preserved in 2006 at a cost of $910,000 and includes a trail easement that is part of the trail system in the Long Hill and Montgomery Roads area. Committman Wagner stated as a public safety note, Somerset County is offering emergency information and weather alert bulletins for citizens who are interested in receiving county roads and bridge closings, due to flooding. The link is available on the Hillsborough Township website at www.hillsborough‐nj.org or the Somerset County website at www.co.somerset.nj.us. Mayor Ferrera Mayor Ferrera stated that he is also looking forward to the Veteran’s breakfast and Memorial Day Commemoration Ceremonies and asks the veterans and residents to please attend these important events. Mayor Ferrera also thanked Mr. Cruz for a job well done.


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Deputy Mayor DelCore Deputy Mayor DelCore announced that the Historic Commission had submitted an application regarding the Van der Veer House to the state review board for historic sites. The Deputy Mayor said we were recently advised that the Van der Veer ‐ Harris House had been entered into the New Jersey Register of Historic Places, which states that no project undertaken can encroach upon or damage that property without the consent and approval of the Commissioner of the Department of Environmental Protection. Also, this property was entered into the National Register of Historic Places. Deputy Mayor DelCore said both of those designations shall allow us to seek and ultimately receive some additional funding for the restoration of that property. The Deputy Mayor thanked the commission for their efforts in getting this recognition. Deputy Mayor DelCore stated that a couple of weeks ago he had the honor of attending a task force for fiscal responsibility that was held down in the county administration building run by a number of our state assemblymen, including Assemblyman Biondi. The purpose of this was to get the word out as to some of the budget proposals that the Governor has put forth. Also to alert the public as to what is happening with the state budgets and how that impacts local taxpayers and local municipalities. Deputy Mayor Delcore shared a few highlights from that session. He said over the last six years the budget in Trenton escalated from 22 million to about 33 million. This is dramatically affecting local property taxes. Hillsborough has had a reduction of about $400,000 in state aid. The Deputy Mayor stated that in the Governor’s budget there is not a reduction in spending there is just a shift from the state to the local level. Deputy Mayor Delcore urges local taxpayers to contact your local Assemblyman or the Governor’s office. The Deputy Mayor said this will have an impact on our budgets going forward, again he urged taxpayers to let their voices be heard. Mayor Ferrera Mayor Ferrera commented on two items, the Claremont sewer project and some recent news reports about Roycebrook Golf Club’s idea for building a health care campus for senior citizens on part of their property. The Mayor stated that he knows there are some residents here tonight who have an interest in both topics. Mayor Ferrera first stated that the Township has been assisting the Claremont neighborhood in gaining sanitary sewers since at least 2004 and is committed to moving that project forward without any delay. He said we have heard from many area residents about their desire for a sewer extension, and the Health Department has advised that there are public health concerns surrounding the issue of old septic systems on small lots. Mayor Ferrera said that all along the Township has maintained that this project will be financed by a special assessment on the property owners who are benefiting from the sewer project, not the taxpayers of Hillsborough. Mayor Ferrera added that fact has not changed. The Mayor is pleased to report that over 70% of the property owners in the area have agreed to a special assessment, which demonstrates there is overwhelming support for the project. The staff will continue to work to bring all other property owners on board with voluntary agreements.


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Mayor Ferrera said this project is moving forward and will not be delayed or sidetracked by any development proposals made by the Golf Club. Mayor Ferrera said the second issue is an idea for a health care campus at the Golf Course. The Mayor explained, there is a company, Erickson, that would build and operate a residential health care campus that would provide various levels of assistance for about 2000 older citizens in need of some assistance in their daily lives. Mayor Ferrera further explains that this idea at the Golf Club is not even off the practice green yet, as far as Hillsborough is concerned. Mayor Ferrera stated, when the Township was first informed that Roycebrook was looking at this idea, it was suggested to them that their first step, prior to making any type of formal announcements or application to the Township, should be to inform the residents near their property. Mayor Ferrera explained that too often residents do not become informed about these types of projects until the developer is in front of a Board, moving forward. We suggested a better approach for residents. Roycebrook, and the company involved, Erickson, were told, start with the people first and they followed that suggestion. Mayor Ferrera said that next, the property owner and Erickson, if they wish to proceed, need to come before the Planning Board with a concept plan. They need to explain all the elements of the plan, on the record, with facts and details. Planning Board meetings are public and available on TV‐25, all the citizens of Hillsborough can be informed about their idea. Before this idea ever grows, the Township officials responsible for long term planning need to determine if the idea even fits into Hillsborough’s plans. Mayor Ferrera stated that presently Erickson claims the campus will provide several million in taxes without adding to the school burden. That would make them the largest taxpayer in the Township. Mayor Ferrera believes the Township has an obligation to all taxpayers in Hillsborough to give due consideration to any proposal that can provide that magnitude of help with the property tax burden. In fact, some taxpayers would be troubled if such a proposal that would provide tax relief was ruled out without proper consideration. Mayor Ferrera said that he read in the news where Erickson has proposed to pay for the full cost of the Claremont sewer project. Erickson’s financial participation is not needed by the township for the sewer projects, but may be valuable to those residents. Mayor Ferrera stated again, I am sure there are Claremont residents who could benefit and who would be upset if this proposal did not receive at least a fair meeting. That does not mean it needs to be or will be approved, but it should be examined. Mayor Ferrera asked will the tax amount stand up to scrutiny on the record? Will there be a financial commitment on the sewer project? That is information that will come from the presentation. The Mayor asked is that the best spot for this type of development? That is information that will also come from the presentation. What type of permits are needed? What about the present zoning? How would storm water run‐off be handled?


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Mayor Ferrera stated the project would require approval by the New Jersey Department of Environmental Protection to be admitted into the state wastewater management plan – that is something that is beyond local control. The Mayor said these are all questions that need to be addressed in a full presentation. Mayor Ferrera said he knows there are residents that are concerned about this project. Through the process, if Roycebrook and Erickson move forward, everyone will have an opportunity to voice their opinion and have input prior to any consideration by our boards and the Township Committee. Mayor Ferrera stated even after a full presentation should a project proceed, there is a long involved land use regulatory process that fully includes the public. This idea is not even off the practice green yet. When the Planning Board presentation is scheduled, the public will be advised.

NEW BUSINESS

None at this time. PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA Virginia Hutson, 12 Chandler Court thanked the Mayor and the Township Committee for going ahead with the Senior Activity Center. Ms. Hutson also commented on Roycebrook, stating that in speaking with other seniors at a luncheon she attended, she heard no negative feedback and said that the seniors have seen this project in other communities and were very pleased.

PUBLIC HEARINGS

Ordinance 2008‐09 An Ordinance of the Township of Hillsborough, in the County of Somerset, New Jersey, amending Ordinance No. 2007‐08 of the Township, finally adopted April 10, 2007, providing for the installation of sanitary sewer lines and other related expenses in and for the Township of Hillsborough.

Committeeman Suraci moved to open the public hearing on Ordinance 2008‐09. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously by voice vote.

Mayor Ferrera said we never seem to tire in discussing sewer projects. This ordinance amends an earlier ordinance regarding the Riverview sewer project by adding three property owners on Township Line Road. The added costs will be borne by the Township Line Road property owners. The Mayor stated that the entire project is funded through a special assessment on the property owners who benefit from the sewer connection.


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Committeeman Wagner moved to close the public hearing on Ordinance 2008‐09. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously by voice vote.

Committeeman Suraci moved to adopt Ordinance 2008‐09. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll.

Ordinance 2008‐15 An Ordinance authorizing the execution of a lease agreement with Hillsborough Baseball League, Inc. for Block 200, Lot 34 (Willow Road) and Block 205.30, Lot 17 (Country Classic Fields) on the Township of Hillsborough tax map.

Deputy Mayor DelCore moved to open the public hearing on Ordinance 2008‐15. Said

motion was seconded by Committeeman Suraci and carried unanimously by voice vote.

Mayor Ferrera announced he has been told by individuals who have previously served on past Township Committees that there are some issues that never seem to go away. Well, it is our hope that the issue of the lease at the Willow Road baseball complex will be finally resolved through the development of the Belle Mead GSA Depot as a Parks and Recreation site in the future. The Township and Somerset County are planning to dedicate millions of dollars to the preservation of the GSA property, a move that will make the change of the baseball site possible.

Mayor Ferrera said ball fields will not be the only component of the GSA parks and recreation site, but it will be a welcome one for all concerned. The Mayor stated when this ordinance was introduced, it is for four years and our goal is that it is the last such lease agreement. Mayor Ferrera also stated previously, the lease agreement restricts play at the facility. The agreement does not permit lights for evening baseball.

Mayor Ferrera noted, for the first time, the agreement establishes a review committee to examine adherence to the agreement’s restrictions and sets up penalties, if there are violations of the restrictions. Some will think there is too much restriction and others will think the restrictions are insufficient. The ultimate solution is to move baseball to another site.

Committeeman Suraci stated he has been involved dealing with the issues surrounding the Willow Road Complex for the past two and a half years. He said the GSA property is the future home for lighted fields.

Committeeman Suraci stated that a reasonable agreement is when all sides, as in this case, are not completely satisfied. The Committeeman mentioned that he recently read an editorial in the Courier News that said, in their impartial view, that this is the best possible agreement. The Committeeman urged everyone to focus on the big picture which is to move the Willow Road Complex to the GSA property.

Committeeman Suraci touched on some provisions in the lease such as no establishment of allowing lights at the fields. He also said the establishment of a review committee was a key item to ensure compliance with the provisions of the new agreement. Previous agreements lacked the ability of enforcement. Committeeman Suraci said with this agreement our Director of Parks and Recreation, Rich Resavy, is to make every effort to not utilize the fields closest to Spring Valley Road, particularly fields 2 and 3, on the “reduced” play Sundays. Only under the most extreme circumstances (i.e. no other Township fields are


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in playable condition) will games be permitted on these fields. The new agreement clarifies that there are no baseball related activities (e.g. practices/warm‐ups) before 11:00 a.m. on Sunday’s. The Committeeman reminded everyone to use common sense when performing field maintenance at the Complex as to not cause any unnecessary disturbance (i.e. using motorized equipment).

Committeeman Suraci believes this agreement will carry us through the next four years, he does not foresee any modifications to the agreement.

Committeeman Suraci stated that we have increased resources for ball‐field maintenance. We have provided a means of direct communication with our parks supervisor to rectify any situations that may arise.

Committeeman Suraci said the best way to summarize the way we have approached this process with the new agreement, and the way we approach any issues in the township is to read a quote from Thomas Jefferson’s first inaugural speech. “Bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.” Committeeman Suraci paraphrased by saying that majority decisions must be in the best interest of all people.

David Brook, 7 Winding Way thanked the Mayor and the Township Committee for the time and effort they have put into this agreement. He also expressed some concerns of the lease agreement.

Committeeman Suraci moved to suspend the public hearing on Ordinance 2008‐15. Said motion was seconded by Deputy Mayor DelCore and carried unanimously by voice vote.

PROCLAMATIONS

• Proclamation honoring Girl Scout Alyssa Bernard

WHEREAS, Alyssa Bernard, a member of Girl Scout Troop 338, has earned the Gold Award status; and WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours Alyssa devoted to attaining the Gold Award, working with diligence and making sacrifices in order to achieve this highly coveted position; and

WHEREAS, Alyssa has served the Girl Scouts in an exemplary manner and is deserving of the honor bestowed upon her; and

WHEREAS, for Alyssa’s Gold Award Project she held a Pet Adoption Day/Pet Supply Drive addressing the issue of the many animals in shelters that need a loving and caring home; and

WHEREAS, Alyssa created the program to help local animal shelters/agencies, including those that participated in the Adoption Day, giving them items that were collected from the Pet Supply Drive; and


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WHEREAS, Alyssa Bernard serves as an example to youth through her high level of personal achievement, leadership and community service, and we are very proud that Alyssa is a member of our community. NOW, THEREFORE, BE IT PROCLAIMED that we, the Mayor and Township Committee of the Township of Hillsborough, extend our sincere congratulations to Alyssa Bernard for having achieved the status of Gold Award recipient, an honor for both her and for those who have guided her, with our best wishes for a bright future.

• Proclamation honoring Girl Scout Laura Kleiman

WHEREAS, Laura Kleiman, a member of Girl Scout Troop 338, has earned the Gold Award status; and WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours Laura devoted to attaining the Gold Award, working with diligence and making sacrifices in order to achieve this highly coveted position; and

WHEREAS, Laura has served the Girl Scouts in an exemplary manner and is deserving of the honor bestowed upon her; and

WHEREAS, for Laura’s Gold Award Project she created and conducted various musical and cultural programs that were held at different assisted living homes; and

WHEREAS, Laura created the program to help enrich the lives of the residents and to give them entertainment at the same time; and

WHEREAS, Laura Kleiman serves as an example to youth through her high level of personal achievement, leadership and community service, and we are very proud that Laura is a member of our community. NOW, THEREFORE, BE IT PROCLAIMED that we, the Mayor and Township Committee of the Township of Hillsborough, extend our sincere congratulations to Laura Kleiman for having achieved the status of Gold Award recipient, an honor for both her and for those who have guided her, with our best wishes for a bright future.

Mr. Albert Cruz, Hillsborough Township Attorney, addressed the concerns made by Mr. David Brook. Mr. Cruz said he believes there is a balance in the lease and the issues that are concerning Mr. Brook have been considered and addressed.

Richard Gahrmann, 53 Winding Way also addressed concerns of the lease agreement. He said that residents in the area wanted a guarantee that there would be no lights and also, every other Sunday with no organized ball play. Mr. Gahrmann questioned how violations of the agreement were handled.

Committeeman Suraci responded by saying a complaint can be forwarded in writing to Rich Resavy, Director of Parks and Recreation. A call can be placed to the police department who would document, via a police report who was using the fields. The police would not ask anyone to leave the fields. Any resident may obtain a copy of the police report and forward it to Mr. Resavy for submission to the Review Committee, as established by the new agreement.


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Mr. Cruz addressed the issues of Mr. Gahrmann.

Bob Hollingshead, 31 Winding Way expressed his concerns of the agreement. Mr. Hollingshead thanked Committeeman Suraci for his involvement.

Committeewoman Nisivoccia moved to close the public hearing on Ordinance 2008‐15. Said motion was seconded by Committeeman Wagner and carried unanimously by voice vote.

Committeewoman Nisivoccia moved to adopt Ordinance 2008‐15. Said motion was seconded by Committeeman Wagner and carried unanimously upon call of the roll.

Ordinance 2008‐16 An Ordinance authorizing the execution of a farm lease agreement with Fred Gunther for Block 11, Lot 13.01 on the Township of Hillsborough tax Map commonly known as Bothers Farm.

Committeeman Wagner moved to open the public hearing on Ordinance 2008‐16. Said motion was seconded by Committeeman Suraci and carried unanimously by voice vote.

Mayor Ferrera announced that this ordinance approves a final year’s lease agreement with Fred Gunther, the farmer at the Township owned Bothers Farm.

Mayor Ferrera said later on the agenda the Township Committee will consider awarding a contract for auction services for the auction of the Bother’s Farm which has had its development rights stripped away and must remain a farm in perpetuity.

Committeeman Wagner moved to close the public hearing on Ordinance 2008‐16. Said


Committeeman Wagner moved to adopt Ordinance 2008‐16. Said motion was seconded by Committeeman Suraci and carried unanimously upon call of the roll.

Ordinance 2008‐17 An Ordinance amending Ordinance 2007‐23 entitled “Appropriating Certain Capital Improvements Monies Held by the Township of Hillsborough, County of Somerset, State of New Jersey, for the purpose of construction of a “Pole Type Storage Building” with accessories (an Emergency Vehicle Shelter) in conjunction with the Fire District to be located at the DPW Yard” by increasing the Hillsborough Township Fire district contribution.

Committeeman Wagner moved to open the public hearing on Ordinance 2008‐17. Said



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Mayor Ferrera stated that the Township is constructing a shelter for the Command Vehicle and Fire emergency vehicles at the Public Works yard. The Fire Commission has provided $5000 in additional funding for the project and the original ordinance allocating the funds must be amended to account for the additional funds.

Committeeman Wagner moved to close the public hearing on Ordinance 2008‐17. Said motion was seconded by Committeeman Suraci and carried unanimously by voice vote.

Committeeman Wagner moved to adopt Ordinance 2008‐17. Said motion was seconded by Deputy Mayor DelCore and carried unanimously upon call of the roll.

INTRODUCTION OF NEW ORDINANCES

Ordinance 2008‐20 An Ordinance amending Chapter 188 (Development Regulations), Article V (Districts and Standards) of the Code of the Township of Hillsborough, County of Somerset, State of New Jersey to create Highway Service District (HS). Further consideration of this ordinance and public hearing will be held on June 24, 2008.

Mayor Ferrera said this ordinance establishes a new Highway Service zone along Route 206 as a transition area into the Town Center. The transition area was recommended in the Phase 2 Master Plan approved in 2005 and it makes some long overdue changes to the Home Occupation Office zones that were very restrictive for the property owners in those zones. The Highway Service zone is the next step in the Route 206 corridor re‐zoning which included the creation of the Gateway A and B zones in 2006 and the Town Center zone last year.

Mayor Ferrera stated the key here is to create an economically viable zone that does not compete with Town Center, but provides needed services such as banks, gas stations and drive through establishments. The new zone will provide for numerous use opportunities, including offices, indoor and outdoor recreation, banquet halls, and assisted living centers.

Mayor Ferrera said township Planner Bob Ringelheim is with us tonight to further review the proposed Highway Service Zone.

Bob Ringelheim, Hillsborough Township Planner, said at the April 24th business meeting of the planning board the latest version of the highway service district ordinance was reviewed and recommended to the Township Committee for introduction. Provisions have been made to reflect comments from Mr. Cruz, Township Attorney.

Mr. Ringelheim stated the 2005 Master Plan amendment phase 2 recommended the creation of a transitional district in order to address the Route 206 corridor, in particular including the existing HOO Zone district and it is now recommending a variety of new uses


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and mixed uses. The proposed ordinance greatly expands the type of permitted uses from what the existing zoning permits.

Mr. Ringelheim said the intent is again to create a commercial, non‐retail district that will not compete with Town Center, but provide the residents with the type of uses that would not normally be found in Town Center. These include hotels, gas stations and other uses that the mayor has indicated. Mr. Ringelheim explained the mix use option plan.

Mr. Ringelheim explained that there is a plan mix use option that is permitted as a conditional use only on properties containing a minimum of 15 acres and this is where we have a variety of mixed uses. The residential portion of those plan mix use developments must be provided to a forum of non‐contiguous clustering which is intended to preserve land in the mountain, agricultural and CDZ Zone districts.

Mr. Ringelheim stated, it is recommended that since these units will result in the preservation of farmland which was used by the New Jersey Council on Affordable Housing in determining the most recent round 3 affordable housing obligation, that there should be no additional affordable housing requirements specifically tied to these units. The affordable housing requirement will be reviewed separately.

Deputy Mayor DelCore thanked Mr. Ringelheim and the Planning Board for their endeavor. The Deputy Mayor said one of the key items for the Township Committee is to continue to increase our commercial business. This Highway Service Zone is important for us to bring commercial taxpayers into the township that will compliment, but not compete with our master plan in the downtown area.

Committeeman Suraci asked Mr. Ringelheim how many units are the multi‐family dwellings. Mr. Ringelheim responded by saying that the multi‐family units and townhouses are only permitted in the plan mix use option. Must be on a 15 acre lot or greater. Must be provided through a transfer of non‐contiguous clustering, meaning in order to create those we are preserving land out in the agricultural, mountain and CDZ zones.

Deputy Mayor DelCore moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on June 24, 2008 at 7:30 p.m. Said motion was seconded by Committeewoman Nisivoccia and unanimously approved upon call of the roll.

Ordinance 2008‐21 An Ordinance vacation portions of Hamilton Road adjacent to parcel V‐9, being a portion of the former right‐of‐way of Hamilton Road to be vacated and annexed Lot 2A in Block 198 (now known as Lot 35 in Block 183.05); parcel V‐10, being a portion of the former right‐of‐way of Hamilton Road to be vacated and annexed to Lot 17 in Block 183D (now know as Lot 17 in Block 183.05); and parcel V‐11, being a portion of the former right‐of‐way of Hamilton Road to be vacated and annexed to Lot 18 in Block 183D (now know as Lot 18 in Block 183.05) as shown on the tax map of the Township of Hillsborough, and


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authorizing the Mayor and Clerk to sign Quitclaim deeds. Further consideration of this ordinance and public hearing will be held on June 10, 2008.

Mayor Ferrera said this ordinance provides for the vacation of right of way on Hamilton Road East to the property owners along the right of way, resulting from the dead ending of Hamilton Road when the Millstone By‐pass was completed.

Committeewoman Nisivoccia moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on June 10, 2008 at 7:30 p.m. Said motion was seconded by Committeeman Suraci and unanimously approved upon call of the roll.

CONSIDERATIONS

Mayor Ferrera offered the following resolutions:

1. Resolution supporting the New Jersey State League of Municipalities’ potential legal challenge to the third round council on affordable housing regulations and authorizing a pledge of $500 toward the costs of the legal challenge.

WHEREAS, the Third Round Affordable Housing Rules and growth projections proposed by the New Jersey Council on Affordable Housing for adoption in June, 2008 are based upon an incomplete and questionable methodology, and WHEREAS, the Township of Hillsborough has thoroughly reviewed the proposed rules, identified components of the rules that are unfair and detrimental to Hillsborough, and has submitted comments in opposition to the rules within the regulatory comment period, and WHEREAS, the New Jersey League of Municipalities is preparing a potential legal challenge to set aside the Third Round rules after the anticipated June adoption and has requested a financial pledge of $500 for municipalities desiring to support the potential legal challenge, NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the State League of Municipalities be informed of Hillsborough’s support of a legal challenge to COAH’s Third Round rules and that a pledge of $500 is authorized in support of the League’s legal efforts. Mayor Ferrera said the State League of Municipalities has solicited all communities to gauge support for a legal challenge to the recently approved third round affordable housing rules.

Mayor Ferrera stated, Hillsborough has previously commented on the record as to our opposition to the new rules. There are questions not only about fairness in setting up each


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community’s quota of affordable housing, but questions have also been raised regarding the Council on Affordable Housing’s methodology in determining each town’s quota.

Mayor Ferrera believes we should take advantage of joining the League’s legal challenge. $500 is far cheaper than paying our own attorneys to bring suit.

Committeeman Suraci stated on April 29, 2008 he attended a COAH meeting sponsored by Senator Kip Bateman and Assemblyman Pete Biondi. Community Affairs Commissioner, Joseph Doria briefed Somerset County officials.

Committeeman Suraci said the fact that COAH used the land that is preserved or has environmental restrictions in its determination of how much housing will be built over the next 10 years was completely brushed aside by the Commissioner. Litigation by the town seems to be the only course of action left in order to protect our communities.

Committeeman Suraci agreed with the Mayor that $500.00 is a small amount to protect what is in the best interest of Hillsborough.

Upon motion by Committeeman Wagner, seconded by Committeeman Suraci, the aforesaid resolution was unanimously approved upon call of the roll.

2. Resolution authorizing the Township Administrator/Clerk to advertise a Fair and Open selection process for proposals for redevelopment consultant for Sunnymead landfill.

WHEREAS, as of January 1, 2006, all municipalities now operate under the “New Jersey Local Unit Pay to Play” law, Public Law 2004, Chapter 19 (NJSA 19:44A‐20.4‐5 et seq); and

WHEREAS, each municipality is required to chose a method for selection of professional who will be paid $17,500 or more during the course of a year; and WHEREAS, the Township Committee has chosen the Fair and Open Process for the selection of professionals, which requires a the advertising of a request for proposal from any interested party for the various professional services on the Township’s website; and

WHEREAS, the Township Administrator/Clerk requests permission to advertise a Fair and Open Selection Process for the following services:

• Planning Services Consultant regarding the Redevelopment of Sunnymead Landfill

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township

of Hillsborough, County of Somerset, State of New Jersey that the Township Administrator/ Clerk is authorized to advertise for a Fair and Open Selection Process for the aforementioned services.


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Mayor Ferrera stated that the Township is interested in finding a company or developer interested in re‐developing the Sunnymead landfill, in order to reduce the DEP ordered closure costs for the landfill and to put the property on the property tax roll. The landfill has already been designated an area in need of redevelopment. The next step is to bring on a redevelopment consultant to assist in seeking proposals for the re‐development of the property.

Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Suraci, the aforesaid resolution was unanimously approved upon call of the roll.

3. Resolution authorizing the execution of a Professional Services Contract, in accordance with the Fair and Open Selection Process (N.J.S.A. 19:44A‐20.4‐5 ET. SEQ.) to Max Spann Auction Co. for Auction Services for the auction of the Bothers and Mill Lane Farms with the buyer paying ten (10) percent on the sale price.

WHEREAS, as of January 1, 2006, all municipalities now operate under the “New Jersey Local Unit Pay to Play” law, public law 2004, chapter 19 (NJSA 19:44A‐20.4‐5 et seq); and

WHEREAS, the Township Committee has chosen the Fair and Open Process for the selection of professionals, who will be paid $17,500 or more during the course of a year, which requires the advertising of a request for proposals from any interested party for the various professional services on the Township’s website; and

WHEREAS, there exists a need for auction services for the sale of the Bothers and Mill Lane Farms; and

WHEREAS, a notice of advertisement for proposals was prepared and advertised on the Township’s website beginning on March 27, 2008; and

WHEREAS, proposals were opened and read on April 23, 2008, at 10:00 AM, which was the time and place as provided for in the advertisement for proposals titled “Auction Services To Be Conducted By A Licensed Real Estate Broker (Land for Agricultural Use and Production with Deed Restrictions)”; and

WHEREAS, one (1) proposal was received from the following:

1. Max Spann Auction Co. 10% premium on the sale price to be paid for by the buyer

WHEREAS, upon an evaluation of the proposal, based upon the five part evaluation

criteria in the solicitation by the Township Administrator, the Township Committee has recommended to award the contract for “Professional Services”, for Auction Services for the sale of the Bothers and Mill Lane Farms, pursuant to their proposal, dated April 23, 2008, in an amount of ten (10) percent of the premium on the sale price to be paid by the buyer, as stated in the RFP; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11‐1 et seq.) and the New Jersey Local Unit Pay to Play Law (N.J.S.A. 19:44A‐20.4‐5 et. seq.) requires that the resolution authorizing the award of contracts for “Professional Services” without competitive bid but through the Fair and Open Selection Process must be publicly advertised.


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

1. The Mayor and Township Administrator/Clerk are hereby authorized to execute a Professional Services Contract”, for Auction Services for the sale of the Bothers and Mill Lane Farms, in an amount of ten (10) percent of the premium on the sale price to be paid by the buyer, pursuant to the proposal, dated April 23, 2008.

2. This contract is awarded, without competitive bidding, through the Fair and Open Selection Process as “Professional Services” in accordance with N.J.S.A. 40A:11‐5(1)a of the Local Public Contracts Law and the New Jersey Local Unit Pay to Play Law (N.J.S.A. 19:44A‐20.4‐5 et. seq.) because these services will be performed by persons authorized by law to practice a recognized profession, whose practice is regulated by law, the performance of which service requires knowledge of an advance type in a field of learning acquired by a prolonged formal course of specialized instructions as distinguished from general academic instruction or apprenticeship and training.

3. The Mayor and Township Administrator/Clerk are hereby authorized to execute the Township’s standard form of agreement for “Professional Services” and any modifications thereto and related constituent documents as may be found acceptable by the Township Committee.

Mayor Ferrera stated earlier, the Township sought proposals through the Fair and Open process for auction services for the auction of Bothers and Mill Lane Farms. The payment for services by the auctioneer are made by the winning bidder, not the Township. Mayor Ferrera said under the Farmland Preservation law, these preserved farms can never be developed and must remain as farms.

The Mayor explained that the funds derived from the auction will be placed in the Open Space Trust fund for use in the preservation of future properties.

Committeeman Wagner mentioned the sale of the Bothers and Mill Lane Farms for farming purposes has been recommended by both the Open Space Advisory Committee and the Agricultural Advisory Committee.

Committeeman Wagner said recouping the funds for the open space fund is positive for the township. This gives the township more funds to use in preserving land development in the future.


4. RESOLUTION ACCEPTING THE RECREATION OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES GRANT FROM THE NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, IN THE AMOUNT OF $20,000, AND AUTHORIZING THE MAYOR AND THE TOWNSHIP

ADMINISTRATOR/CLERK TO EXECUTE SAID GRANT AGREEMENT

WHEREAS, the Township Committee, by resolution dated July 10, 2007, authorized the submission of a Recreation Opportunities for Individuals with Disabilities (ROID) Grant


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Application to the New Jersey Department of Community Affairs (NJDCA) to help offset costs associated with the Township’s Inclusive Recreation Camp H.E.A.R.T. (Hillsborough Education & Recreation Together) program; and

WHEREAS, the NJDCA has awarded the Township of Hillsborough the aforementioned Grant in the amount of $20,000

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Recreation Opportunities for Individuals with Disabilities (ROID) Grant of $20,000 is hereby accepted and Mayor Anthony Ferrera and Township Administrator/Clerk Kevin P. Davis are hereby authorized to execute said grant agreement and any other documents necessary in connection therewith.

BE IT FURTHER RESOLVED, by the Township Committee of the Township of

Hillsborough, County of Somerset, State of New Jersey that upon receipt of the fully executed agreement from the DCA, it does further authorize the expenditure of funds pursuant to the terms of the agreement between the Township of Hillsborough and the New Jersey Department of Community Affairs.

Mayor Ferrera said the township has been awarded a $20,000 Recreational Opportunities for individuals with Disabilities grant from the state for use in the successful and award winning Camp Heart inclusive summer camp program. This is extremely good news for the Camp Heart program.

Mayor Ferrera thanked Jeff and Beth Baldwin for their work in helping gain the grant.

Mayor Ferrera also thanked Rich Resavy, Director of Parks and Recreation, and his staff for the reference in securing the grant funds this year.

Upon motion by Committeewoman Nisivoccia, seconded by Deputy Mayor DelCore, the aforesaid resolution was unanimously approved upon call of the roll.

5. Resolution setting Special Police Officer’s hourly rate at $20.00 per hour to assist the Hillsborough Township Zoning office with identifying potential zoning violations, removal of improper temporary signs investigating complaints, completing a written report of violations and testimony in court when required as added duties.

WHEREAS, the need exists for additional patrolling of Township business areas to assist in identifying potential zoning violations on select weekends; and WHEREAS, the Hillsborough Township Police Chief and Township Planner recommends that Special Police Officers be utilized to act as assistants to the Zoning Officer on select weekends at a rate of $20.00 per hour; and

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the recommendation of the Hillsborough Township Police Chief and Township Planner hereby be accepted and approved, and that Special Police Officers are hereby appointed to assist the Zoning Officer in the Planning and Zoning Department at a rate of $20.00 per hour effective May 14, 2008.


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Mayor Ferrera said this resolution extends the duties of the Special officers to assisting the Zoning Office in identifying potential zoning violations, particularly on the weekends and weeknights, in lieu of the cost of creating a full time Zoning Officer position. One of the most significant complaints the Township has received from our businesses is the disregard, particularly by out of town businesses, for the sign regulations on weekends.

Essentially, our businesses tell us, ‘we abide by the rules, but out of town businesses don’t, to our disadvantage, when there is no enforcement’.

Mayor Ferrera stated that by having Special Officers working during some weekend hours the Township will be in a better position to enforce the sign regulations – to the benefit of local businesses. Additionally, the Township receives citizen complaints about other potential zoning violations that occur on the weekend or weeknight, when the Zoning Officer has not been on duty. The use of the Special Officers for this service will give the Township greater flexibility. Mayor Ferrera said the Police Chief supports the extension of these duties and the Planning Director will provide zoning regulation training.

Mayor Ferrera said the Special Officers will still also perform their support duties for the Police Department. As a result this year we will save on the cost of hiring a full‐time zoning officer. Committeeman Suraci agreed with the Mayor and believes this is a cost effective means of ensuring compliance with the sign ordinance.

Upon motion by Committeeman Suraci, seconded by Deputy Mayor DelCore, the aforesaid resolution was unanimously approved upon call of the roll.

6. Resolution authorizing a five (5) year lease for three (3) unmarked Police vehicles, by state contract, from Hertrich Fleet Services, at a price not to exceed $10,339.03 per year.

WHEREAS, there is a need to lease three unmarked police vehicles, by state contract, for the Police Department in the Township of Hillsborough, County of Somerset, State of New Jersey; and WHEREAS, the Chief of Police and Township Administrator/Clerk recommend leasing these vehicles from Hertrich Fleet Services, in an amount not to exceed $10,339.03 per year; and WHEREAS, funds are available as evidenced by the Acting Director of Finance’s Certification attached to this resolution. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Township Administrator/Clerk is hereby authorized and directed to forward a Purchase Order as follows: Approximate State Contract Vendor Contract Number Purpose Cost per Year Hertrich Fleet Services #A70356 (3) 2008 Chevrolet $10,339.03 Impalas


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Mayor Ferrera said the Township is taking advantage of a state program in order to replace three high mileage unmarked Police vehicles through a cost effective state contract leasing program. These vehicles will replace three high mileage older vehicles that are well past their useful life and will be auctioned or junked.


7. Resolution supporting the State House Commission application to the NJDEP Green Acres Program for new transmission line from Branchburg switching station to Flagtown switch rack (new transmission line).

WHEREAS, Block 13.01, Lot 4.18 and Block 148, Lot 1 are a part of the Hillsborough Township Open Space which is encumbered with restrictions against disposal or diversion from recreation and conservation uses under the New Jersey Department of Environmental Protection Green Acres Program; and

WHEREAS, in conjunction with the proposed transmission line, it is necessary to remove the Green Acres restrictions from a 0.002 acre portion of Block 13.01, Lot 4.18; and

WHEREAS, in conjunction with the proposed transmission line, it is necessary to remove the Green Acres restrictions from a 0.005 acre portion of Block 148, Lot 1; and WHEREAS, the removal of Green Acres restrictions from parkland requires the approval of the Commissioner of the Department of Environmental Protection and the State House Commission pursuant to N.J.A.C 7:36‐26; and WHEREAS, the Township of Hillsborough wishes to apply for approval for the proposed overhead electric transmission line as a major disposal or diversion of parkland under N.J.A.C 7:36‐26; and WHEREAS, the governing body has reviewed and taken into account all public comments received during the public hearing and public comment periods in affirming their support for this application; and

WHEREAS, the amount of compensation to be paid will be in compliance with the compensation requirements set forth in NJAC 7:36‐26.10(g) Table 1 for a surface easement over or through parkland for a project with a private sponsor and approved by the Department of Environmental Protection, Green Acres Program, the NJDEP Commissioner and the State House Commission; and

WHEREAS, said monetary compensation will be remitted in full to the Green Acres Program for deposit in the Garden State Preservation Trust Fund upon approval of the application by the NJ Department of Environmental Protection Commissioner and the State House Commission; and

WHEREAS, in conjunction with the proposed transmission line; it is necessary to

submit a Resolution affirming Hillsborough Township’s support of the application to the State House Commission for the diversion of a portion of Block 13.01, Lot 4.18 and Block 148, Lot 1; and


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

1. The Township of Hillsborough endorses the filing of a final application for the New Transmission Line from Branchburg Switching Station to Flagtown Switch Rack pursuant to N.J.A.C. 7:36‐26;

2. The Township of Hillsborough hereby finds that the New Transmission Line

from Branchburg Switching Station to Flagtown Switch Rack would meet the minimum substantive criteria at N.J.A.C. 7:36‐26.1(d) by ensuring continued compliance with the regional electric transmission reliability standards;

Mayor Ferrera stated that we have been advised that per the requirements of Green Acres, PSE&G held a public hearing on this issue again last Tuesday. Now the Township must again endorse the application to the State House Commission, subsequent to the May 6th hearing, for the diversion of .007 of one acre of Township property.


8. Resolution authorizing the purchase of three (3) Ford Escape vehicles, by state contract, from Motors Fleet, for the Construction department, at a price not to exceed $17,927 per car.

WHEREAS, there is a need to purchase three (3) vehicles for the Construction

Department in the Township of Hillsborough, County of Somerset, State of New Jersey; and WHEREAS, the maximum amount of the purchase is not to exceed $17,927 per vehicle

and funds are available as evidenced by the Acting Finance Directorʹs Certification; and

WHEREAS, public bids are not required when the vendor is under a state contract in accordance with N.J.S.A. 40A:11‐12; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township

of Hillsborough in the County of Somerset that the Township Administrator is hereby authorized and directed to approve and forward a Purchase Order as follows:

State Contract Approximate State Contract Vendor Number Purpose Cost per Vehicle

Motors Fleet A70849 (3) 4 Wheeled Vehicles $17,927 each


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Mayor Ferrera said again taking advantage of the state contract program, the Building Department will replace three high mileage, non fuel efficient, former Police vehicles that are used by inspectors, with three Ford Escape vehicles. These vehicles are expected to be more fuel efficient than any other vehicles we have at this time.

Committeeman Wagner stated this is part of an ongoing program. The township has replaced older high mileage ex‐police vehicles to be used by our inspectors. Some of these vehicles spend as much time in the garage as they do on the roads. We receive them when police are done with them at approximately 125,000 miles.

Committeeman Wagner said that replacing these newer vehicles would greatly reduce gasoline and maintenance costs. All vehicles are for Hillsborough Township business use during the day and are not taken home by municipal employees.

Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll.

9. Resolution authorizing the Administrator/Township Clerk to execute a contractual agreement with CBS Outdoor for an anti drug billboard as part of Hillsborough’s Red Ribbon Week program in October, 2008 at a cost not to exceed $550.

WHEREAS, the week of October 23 thru October 31, 2008 is Red Ribbon Week; and

WHEREAS, the Hillsborough‐Millstone Municipal Alliance would like to sponsor a billboard regarding prescription drug abuse as part of the Red Ribbon Week program; and

WHEREAS, CBS Outdoor has agreed to provide a billboard for public service announcement purposes during the month of October at the discounted cost of $550 which is $2000 below regular rates; and

WHEREAS, funds are available and have been certified as such by the Acting Finance Director, said certification is attached to this resolution; and

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Township Administrator/Clerk is authorized to execute the agreement with CBS Outdoor for the use a billboard during the month of October 2008.

Mayor Ferrera stated that the Hillsborough Millstone Municipal Alliance, as part of the Red Ribbon week program in October, has recommended the creation of a billboard with a special anti‐drug message that is part of a statewide effort to create awareness about the abuse of prescription drugs.

Mayor Ferrera said CBS Outdoor has cooperated by providing the billboard at the public service announcement rate of $550, instead of the usual $2500 for the month. The funds come from a grant from the Municipal Alliance drug and alcohol abuse education program.


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Committeewoman Nisivoccia thanked the Municipal Alliance, specifically Diane Handwerk and Gene Strupinsky on their work on this billboard.

Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Suraci, the aforesaid resolution was unanimously approved upon call of the roll.

10. Resolution authorizing Administrator/Township Clerk to execute an agreement and any amendment thereto with the New Jersey Department of Environmental Protection, Green Acres Program to provide loans and/or grants for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes.

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and WHEREAS, the Township of Hillsborough desires to further the public interest by obtaining a grant of $2,100,000.00 from the State to fund the following project(s): Hillsborough Land Acquisition NOW, THEREFORE, the governing body/board resolves that Kevin P. Davis or the successor to the office of Township Administrator is hereby authorized to:

a. make application for such a loan and/or such a grant b. provide additional application information and furnish such documents

as may be required c. act as the authorized correspondent of the above named applicant, and

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above names project; NOW THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, in the County of Somerset, State of New Jersey as follows:

1. That the Township Administrator of the above named body or board is herby authorized to execute an agreement and any amendment thereto with the State known as Hillsborough Land Acquisition; and

2. That the applicant has its matching share of the project, if a match is required, in the amount of $2,100,000.

3. That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project; and

4. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulation in its performance of the project.


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5. That this resolution shall take effect immediately.

Mayor Ferrera said the Township Planner has advised that the Township still has $600,000 in Green Acres grant funds allocated to Hillsborough, but not obligated. This resolution is necessary to ensure the obligation and reserving of those funds for Hillsborough, for when grant applications for funding are made.

Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner, the aforesaid resolution was unanimously approved upon call of the roll.

11. Resolution authorizing the appointment of Frank Lukacs as part‐time plumbing inspector in the Construction department for not more than 29 hours per week, at a rate of $28.00 per hour.

WHEREAS, there exists a vacancy in the Construction Department for the position of part‐time plumbing inspector; and

WHEREAS, the Director of Building and Construction recommends the hiring of Frank Lukacs as part‐time plumbing inspector in the Construction Department for not more than 29 hours per week, at a rate of $28.00 per hour. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, the recommendation of the Director of Building and Construction is hereby accepted and approved.

Mayor Ferrera stated the Director of the Building Department, Ron Skobo, informs me that finding individuals with the proper licensing for code inspection work continues to be difficult. We are fortunate to have Mr. Lukacs who has the credentials and is willing to come on board. This is a part time position where the individual will work when needed.

Upon motion by Committeewoman Nisivoccia, seconded by Deputy Mayor DelCore, the aforesaid resolution was unanimously approved upon call of the roll.

12. Resolution authorizing Heyer, Gruel & Associates to provide additional professional planning services for the Jeffrey Roth application before the Board of Adjustment, at a rate of $110 per hour.

WHEREAS, on November 27, 2007, by way of resolution, the Township Committee of the Township of Hillsborough ratified and confirmed the action of the Township Administrator in authorizing a professional services contract with Heyer, Gruel & Associates for professional planning services in the matter of Jeffrey Roth’s application to the Board of Adjustment at the rate of $110 per hour; and

WHEREAS, in the matter of the Jeffrey Roth application before the Board of

Adjustment, Bob Ringelheim, Township Planner, has recommended Heyer, Gruel & Associates continue to provide professional planning services to the Township; and


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WHEREAS, funds are available and have been certified as such by the Acting Finance Director and said certification is attached to this resolution; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that Heyer, Gruel & Associates is authorized to provide additional professional planning services on behalf of the Township, pursuant to the firm’s proposal letter dated, April 29, 2008, at a cost not to exceed $110 per hour. Mayor Ferrera stated that this extends the contract with Heyer Gruel, in order to continue to make the former Zoning Officer, Jeff Perlman, available to participate in the Board of Adjustment’s zoning application hearing on the Roth matter. These fees are paid by the applicant, not the Township.

Upon motion by Deputy Mayor DelCore, seconded by Committeeman Suraci, the aforesaid resolution was unanimously approved upon call of the roll.

CONSENTS Mayor Ferrera offered the following consent agenda:

1. Resolution approving an application for a raffle license by Hillsborough High School Bandwagon Association for June 11, 2008.

WHEREAS, an application for a raffle license had been filed by the Hillsborough High School Bandwagon Association for raffles being held on June 11, 2008; and WHEREAS, the submitted application form was complete in all respects. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby approves the raffle application #1101 to Hillsborough High School Bandwagon Association for raffle being held on June 11, 2008.

2. Resolution approving the request from Robert and Cynthia Neydon for the release of development review escrow, in the amount of $373.61.

WHEREAS, a request has been received from Robert and Cynthia Neydon for the release of Development Review Escrow; and WHEREAS, the Hillsborough Township Planner certifies that all work has been satisfactorily completed; and


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WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $373.61 Development Review Escrow that was posted for the completion of the project.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Hillsborough Township Planner be and hereby is accepted and approved.

3. Resolution approving the request from Distinctive Domain at Hillsborough, LLC for the release of development review escrow, in the amount of $2,345.10.

WHEREAS, a request has been received from Distinctive Domain at Hillsborough, LLC for the release of Development Review Escrow; and WHEREAS, the Hillsborough Township Planner certifies that all work has been satisfactorily completed; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $2,345.10 Development Review Escrow that was posted for the completion of the project.


4. Resolution approving the request from Abner Macaro for the release of development review escrow, in the amount of $89.41.

WHEREAS, a request has been received from Abner Macaro for the release of Development Review Escrow; and WHEREAS, the Hillsborough Township Planner certifies that all work has been satisfactorily completed; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $89.41 Development Review Escrow that was posted for the completion of the project.



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5. Resolution approving the request from Alan Romano for the release of cash bond in an amount of $2,000.00.

WHEREAS, a request has been received from Alan Romano for the release of the cash bond retained to guarantee completion of landscaping and site work; and WHEREAS, the Assistant Township Engineer certifies that all work has been satisfactorily completed; and WHEREAS, the Assistant Township Engineer recommends that the Township Committee take action to release $2,000.00 cash bond, plus any accrued interest to Alan Romano, Block 8, Lot 19.04; and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Assistant Township Engineer be and hereby is accepted and approved.

6. Resolution approving the waving of the annual pool inspection and Health Department inspection fees for the Girl Scouts of Rolling Hills Council.

WHEREAS, the non‐profit Girl Scouts of Rolling Hills are preparing to open the pool at Camp Agnes DeWitt in preparation for summer camp and are requesting the pool inspection and Health Department permit fees be waived; and

WHEREAS, the Girl Scouts have previously received approval of fee waivers for past

projects. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the pool inspection and Health Department permit fees in connection with the above be and are hereby waived.

7. Resolution approving the request from the Hillsborough Township Volunteer Fire Company to use the Hillsborough Township tent on June 14, 2008 for the Boy Scouts Troop 89 50th Anniversary picnic.

WHEREAS, Hillsborough Township Volunteer Fire Company #2 request the use of the Township’s Celebration Tent for the Boy Scouts Troop 89 50th Anniversary Picnic to be held on June 14, 2008; and WHEREAS, the Department of Parks and Recreation and the Recreation Commission recommend that Fire Company #2’s request be approved because they have always taken good care of the tent in the past.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby approves Fire


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Company #2’s request to use the Township’s Celebration Tent for the Boy Scouts Troop 89 50th Anniversary Picnic to be held on June 14, 2008.

8. Resolution approving the request from Robert Wagner for the release of development review escrow, in the amount of $2.62.

WHEREAS, a request has been received from Robert and Karen Wagner for the release of Development Review Escrow; and WHEREAS, the Hillsborough Township Planner certifies that all work has been satisfactorily completed; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $2.62 Development Review Escrow that was posted for the completion of the project.


9. Resolution authorizing the closure of Mountainview Road to all thru traffic beginning on or about June 1, 2008 until approximately August 31, 2008 to allow for the repair to Mountainview Road in the area of Pleasantview Road by Beazer Homes as part of the Pleasant View Estates project as recommended by the Hillsborough Township Police Department.

WHEREAS, because of the road repairs Mountain View Road by the developer, Beazer

Homes, the Police Department recommends the closure of Mountain View Road to thru traffic on or about June 1, 2008 until approximately August 31, 2008; and

WHEREAS, the Chief of Police declares an emergent or temporary condition that dictates the adoption of a special traffic regulation pursuant to N.J.S.A. 39:4‐197.3 and finds it in the interest of public safety that Mountain View Road should be closed to all thru traffic at the bridge during the road repairs, and a detour put into effect; and

WHEREAS, the Chief of Police advises the road should be closed to all thru traffic a

detour warranted, and the appropriate signs and barricades are to be set in place; and WHEREAS, residents of Mountain View Road and emergency vehicles will be able to

access both sections of the road; and

NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that Mountain View Road shall be closed to thru traffic and that a detour be put into effect by Beazer Homes, beginning on or about June 1, 2008 until approximately August 31, 2008.

BE IT FURTHER RESOLVED that the required barricades and signs shall be installed according to the Manual on Uniform Traffic Control Devices for Streets and Highways.


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10. Resolution approving the purchase of a Proliant ML 310 server for the Hillsborough Township Police Department in an amount not to exceed $3,403.01.

WHEREAS, Hillsborough Township Police Department has a need for a Proliant ML 310 Server; and WHEREAS, funds are available to make such purchases or acquisitions by the Acting Director of Finance, said certification is attached to this resolution.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby approves the purchase a Proliant ML 310 Server for the Hillsborough Township Police Department in an amount not to exceed $3,403.01.

11. Resolution ratifying and confirming the action of the Administrator/Township Clerk in issuing a competitive contract request for proposal for Recreation Baseball Summer Clinic.

WHEREAS, the Township of Hillsborough believes that it is in the best interests of its residents to provide for a youth recreation baseball summer clinic; and

WHEREAS, the Parks and Recreation Department does not have the staff to operate such a youth baseball clinic; and

WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11‐1 et seq., authorizes the

Township to procure through the process of competitive contracting, N.J.S.A. 40A:11‐4.1(b)(2), the services of a private entity to operate, manage and administer such a program; and

WHEREAS, because the summer season is quickly approaching and the Township is

desirous of having such a program available to its youth in a timely manner, on May 8, 2008, the Township Administrator issued and advertised a Request for Proposals through the Competitive Contracting Procurement Process for a Recration Baseball Summer Clinic, with Responses to the Request for Proposals to be received on May 28, 2008; and

WHEREAS, N.J.S.A. 40A:11‐4.3(a) requires that the competitive contracting process be

authorized by Resolution; and WHEREAS, the Township Attorney reviewed the Request for Proposals drafted by the

Administrator and advised that the Request for Proposals meets the applicable statutory requirements.

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

1. The action of the Township Administrator to issue and advertise the Request for Proposals be and is hereby ratified and confirmed.


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2. The Competitive Contracting Process be administered by the Township Administrator.

3. Responses to the Request for Proposals be accepted on May 28, 2008 at 10:00 A.M.

4. This Resolution shall take effect immediately.

12. Resolution accepting the retirement of Clerk to the Tax Collector, Helga Leash, effective June 1, 2008, and authorizing the posting of a position announcement for the position of Clerk to the Tax Collector.

WHEREAS, Helga Leash has submitted her retirement to the position of Clerk to the Tax Collector, effective June 1, 2008. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey hereby accepts the retirement of Helga Leash, effective June 1, 2008, and authorization is granted to begin the recruitment procedure to fill the position of Clerk to the Tax Collector in the Township Finance Department.

13. Resolution supporting the Click It or Ticket mobilization of May 19 – June 1, 2008.

WHEREAS, there were 716 motor vehicles fatalities in New Jersey in 2007; and WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes

were not wearing a safety belt; and WHEREAS, use of a safety belt remains the most effective way to avoid death or

serious injury in a motor vehicle crash; and WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000

lives were saved by safety belt usage nationally between 1975 – 2000; and WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket

safety belt mobilization from May 19 – June 1, 2008 in an effort to raise awareness and increase safety belt usage through a combination of enforcement and education; and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the

safety belt usage rate in the state from the current level of 91% to 93%; and WHEREAS, a further increase in safety belt usage in New Jersey will save lives on our

roadways. NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township

of Hillsborough, County of Somerset, State of New Jersey that they hereby support the Click It or Ticket safety belt mobilization both locally and nationally from May 19 – June 1, 2008 and pledges to increase awareness of the mobilization and the benefits of safety belt use.


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Upon motion by Committeeman Suraci, seconded by Committeewoman Nisivoccia, the consent agenda was unanimously approved upon call of the roll. Mayor Ferrera announced the retirement of Helga Leash, who has been a dedicated employee. The Mayor said he greatly appreciates her service to Hillsborough Township and wishes Ms. Leash all the best in her retirement. Committeeman Suraci alerted residents, May 19th – June 1st, 2008 will be the click it or ticket program. Committeeman Suraci said to please buckle up.

CLAIMS LIST

Mayor Ferrera presented Claims List 2008‐09. Upon motion by Committeeman Suraci seconded by Committeewoman Nisivoccia,

Claims List 2008‐09 was unanimously approved upon call of the roll.

ADJOURNMENT

Upon motion by Committeeman Wagner, seconded by Committeeman Suraci, the meeting duly adjourned at 9:08 p.m., said motion carried unanimously upon voice vote. Attested: Kevin P. Davis, RMC Township Clerk

November 28, 2006 Regular Meeting Minutes

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Documents

May 13, 2008 Regular Meeting Minutes · May 13, 2008 Regular Meeting Minutes 1 Minutes of the Regular Meeting of the Township Committee of the Township of Hillsborough, in the County