Hillsborough Township Committee Regular Meeting …...Hillsborough Township Committee Regular Meeting June 25, 2002 - 1 The Township Committee of the Township of Hillsborough met in

Hillsborough Township Committee Regular Meeting June 25, 2002

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The Township Committee of the Township of Hillsborough met in a Regular Meeting on the above date at 8:00 p.m. Those in attendance were as follows: Deputy Mayor John Gelardi, Second Deputy Mayor Sonya Martin, Committeeman Anthony Gwiazdowski, Committeeman William B. Gold, Karl R. Kemm for Township Attorney Emil Philibosian, Administrator Judith C. Haas and Township Clerk Ann Marie McCarthy. Mayor Joseph Tricarico arrived at 8:53 p.m. Following roll call and the Salute to the Flag, Deputy Mayor Gelardi advised that notice of this Regular Meeting was given by the Township Clerk, posted on the bulletin board at the Municipal Complex, and written notices were sent to the Messenger Gazette, Hillsborough Beacon, Courier News and the Star Ledger. All notices were given at least 48 hours in advance, and to the extent known, the items on the agenda.

PROMOTION OF CORPORAL DARREN POWELL TO SERGEANT

Resolution Upon motion by Committeeman Gold, seconded by Second Deputy Mayor Martin the following resolution was adopted as follows upon call of the roll: Roll Call – Ayes: Gold, Gwiazdowski, Martin, Gelardi Nays: None Absent: Tricarico WHEREAS, there exists a vacancy in the position of Police Sergeant; and WHEREAS, the promotional process conducted in accordance with Hillsborough Township Ordinance 93-17 to select the most suitable candidate for promotion to the position of Sergeant in the Hillsborough Police Department has been completed; and WHEREAS, the highest rated candidate for the position was determined to be Corporal Darren Powell; and WHEREAS, Chief of Police Robert Gazaway has recommended the appointment of Corporal Darren Powell to the position of Sergeant effective July 1, 2002 at an annual salary of $74,776.00 per the current P.B.A. Contract.

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 Chief of Police Robert Gazaway be and hereby is accepted and approved, and Corporal Darren Powell shall be promoted to the position of Sergeant in the Hillsborough Police Department effective July 1, 2002. Police Chief commended Corporal Powell for his fine work as a Police Officer. Deputy Mayor Gelardi administered the oath of office to Corporal Powell.

PRESENTATION

Jerry Haimowitz, President of the Sourland Planning Council presented a check in the amount of $80,000 for the Smart Growth Planning Grant from the State of New Jersey to Deputy Mayor Gelardi.

Second Deputy Mayor Martin announced that there are applications for membership to the Sourland Planning Council on the back table. Second Deputy Mayor Martin welcomed the grant from the State noting that it is greatly appreciated since the State is facing tight fiscal restraints. Second Deputy Mayor Martin stated that the grant would support the Sourland Mountains Management Plan. The growth management plan includes the preservation of historical lands, the protection of breeding areas and residential and commercial smart growth within the region. The Sourland Planning Council consists of Hillsborough, Hopewell, Montgomery, East and West Amwell Townships and Hunterdon, Mercer and Somerset Counties. The map and the check will be displayed in the Municipal Complex for the next month.

DISPOSITION OF MINUTES

Regular Minutes Upon motion by Committeeman Gwiazdowski, seconded by Second Deputy Mayor Martin, the June 11, 2002 Regular Minutes of the Hillsborough Township Committee were approved as amended as follows upon call of the roll: Roll Call – Ayes: Gold, Gwiazdowski, Martin, Gelardi Nays: None Absent: Tricarico Work Session


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Upon motion by Second Deputy Mayor Martin, seconded by Committeeman Gwiazdowski the June 11, 2002 Work Session was approved as submitted as follows upon call of the roll: Roll Call – Ayes: Gold, Gwiazdowski, Martin, Gelardi Nays: None Absent: Tricarico Closed Session Minutes Upon motion by Second Deputy Mayor Martin, seconded by Committeeman Gwiazdowski, the June 11, 2002 Closed Session Minutes were approved as submitted as follows upon call of the roll: Roll Call – Ayes: Gold, Gwiazdowski, Martin, Gelardi Nays: None Absent: Tricarico

REPORTS AND NEW BUSINESS FROM COMMITTEE LIAISONS Deputy Mayor Gelardi School Board’s Decision to Eliminate Courtesy Busing at the High and Middle Schools Deputy Mayor Gelardi reported that he attended the school board meeting last week where they discussed the elimination of courtesy busing for the High and Middle Schools. He reported that the Police Chief presented safety concerns regarding the elimination of courtesy busing. Deputy Mayor Gelardi agreed with the Police Chief’s concerns and that it would be very costly to the taxpayers if the Township had to install sidewalks to the schools. Deputy Mayor Gelardi stated that he is not in favor of eliminating courtesy busing for the High and Middle Schools. He reported that an ad hoc committee has been formed to look for additional funds in the school budget for courtesy busing. Second Deputy Mayor Martin explained that the elimination of courtesy busing was not included in the itemized reductions recommended by the Township Committee. She stressed that the Township Committee was very careful not to impact on the safety and education of the children. Second Deputy Mayor Martin applauded Police Chief Gazaway to alerting the Board of Education of the potential problems that may arise if courtesy busing is eliminated. Second Deputy Mayor Martin asked that the Board of Education reconsider their decision to eliminate courtesy busing. Second Deputy Mayor Martin stated that the Board of Education were not mandated to accept the line items recommended by the Township Committee, they only had to accept the amount reduced. Committeeman Gwiazdowski commended the Police Chief for his presentation to the Board of Education that discussed why courtesy busing should be put back into the budget. Committeeman Gwiazdowski stated that the elimination of courtesy busing is the worst thing that the Board of Education could do because it impacts the safety of the children. He stated that it should be put back into the budget and the Board of Education should look into other areas of the budget to make reductions. Committeeman Gold commended the magnificent graduation held at Hillsborough High School last week. He stated that it is wrong to eliminate courtesy busing from the High and Middle School students. Committeeman Gold spoke with School Superintendent Gulick and expressed his concerns for the safety and welfare of the students of Hillsborough.

PEC/SKP Settlement Agreement Deputy Mayor Gelardi reported that a Joint Meeting of the Planning Board and Township Committee was held on June 19, 2002 to approve the PEC/SKP Settlement Agreement. He reported that the settlement agreement includes 698 age-restricted homes. He stated that the Township was forced into the corner with this lawsuit and he looks forward to the results for COAH. He stated that these homes would increase the tax revenue and benefit the Township without impacting the school system. Second Deputy Mayor Martin stated that she was out of town for the meeting but would have supported the settlement. She stated that affordable housing for Senior Citizens is very important and age restricted housing is needed in the Township. Second Deputy Mayor Martin stated that she believes that the Township experts recommended a settlement that is fair. She stated that if the settlement was not agreed upon the Township would have to go to trial. Second Deputy Mayor Martin stated that the schools are overcrowded and age-restricted homes will not impact the school system. She stated that the Township will be in a period of repose that will exempt the Township from further builder lawsuits and be in compliance with COAH requirements. Deputy Mayor Gelardi added that there will be a fairness hearing in approximately a month. Committeeman Gwiazdowski stated that he voted against the settlement. He stated that if he sold his home and moved into an age-restricted home, there would be a possibility that a young family with children would move into his home and add children to the school system. Committeeman Gold stated that the schools need to be replenished as well as there is a need to make room for senior citizens. He stated that there is a great need to end the lawsuits.


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Second Deputy Mayor Martin Second Deputy Mayor Martin reported on a letter from citizens complimenting Health and Building staff. Second Deputy Mayor Martin commended Township staff for their hard work and dedication. Ms. Martin asked that the letter be placed in the staff’s personnel file. Second Deputy Mayor Martin announced that the open space and farmland preservation signs will be installed this week. Second Deputy Mayor Martin announced the revised water restrictions received by the NJ League of Municipalities and Elizabethtown Water Company. Second Deputy Mayor Martin reported on an advisory from Governor McGreevy regarding the anti-terrorism act and the making of terrorism a first-degree crime. Committeeman Gwiazdowski Committeeman Gwiazdowski reported that the cable rebuilding will be completed by Friday and Beekman Gardens will be completed by July 11th. He reported that in connection with the Township’s access channel, the equipment has been ordered and the wiring will be installed. Committeeman Gwiazdowski referenced a letter from Dr. Glen Belnay, Health Officer, will be conducting a survey of 74 homes on East Mountainview Road regarding the waste water disposal system. The results will be sent to the Municipal Utilities Authority for relief. Committeeman Gwiazdowski reported on membership problems on the Historic Preservation Commission. Committeeman Gwiazdowski reported that he had a name to be considered by the Mayor and it was announced that if anyone is interested in being appointed to send his or her resume to the Township Administrator. Committeeman Gwiazdowski reported that the summer programs are in full swing. He stated that there was a problem of holding one of the camps at the Auten Road School and the camp has been moved to Amsterdam School. Committeeman Gwiazdowski commended Bob Evans, Recreation Director for all of his hard work and dedication to the recreation programs. Committeeman Gwiazdowski reported that the Somerset County Freeholders have a website that gives information on West Nile virus. Committeeman Gwiazdowski reported that he received an email from Bob Hollingshead asking when the ordinance regarding no lights at the Little League Complex would be introduced. Attorney Karl Kemm stated that the no lights provision is contained in the lease. Committeeman Gwiazdowski asked the Township Administrator for the report regarding the mileage logs for township vehicles. Township Administrator Judith Haas reported that township vehicles are being used properly as per the township’s policy manual. Committeeman Gwiazdowski asked if he could see the mileage logs and Township Administrator Judith Haas replied in the affirmative. Committeeman Gwiazdowski asked if drivers’ abstracts are requested every year. Township Administrator Judith Haas replied that each department gets abstracts of their drivers. Committeeman Gold Committeeman Gold reminded everyone that the annual fireworks will be held on June 29th at Auten Road School. The show starts at 7:30 p.m. Deputy Mayor Gelardi added that the Cultural and Arts Commission will be hosting their annual showcase. He noted that they do a fabulous job. Committeeman Gold stated that Township personnel issues should not be discussed in the press and on television. He stated that it should be discussed between supervisors and their employees. Mayor Tricarico arrived at 8:53 p.m. Second Deputy Mayor Martin announced that the County is providing a $10,000 grant for video conferencing for the court system. She reported that the entire grant amount is $110,000 for eleven municipalities. Some of the smaller municipalities will share equipment with other municipalities. Police Chief Gazaway added that this video conference equipment will help Police Departments because they will not have to make unnecessary trips and send an officer to the County Jail, the prisoner will attend court via video conferencing and their attorney will be in the court room. Mayor Tricarico Mayor Tricarico reported on the nuclear waste train whose route may pass through Hillsborough and other surrounding municipalities. Mayor Tricarico reported on a meeting where Mayors of the affected municipalities opposed the train route. The House of Representatives has already voted on this matter in the affirmative. He recommended that a resolution be adopted at the next meeting asking the United States Senate to put off vote until


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more information is made available to the affected municipalities. He stated that many of the municipalities were not aware of this train route and are concerned with the possibility of derailing trains and security issues. Mayor Tricarico reported that the Township will be discussing with the FAA funding to purchase the Central Jersey Airport. He stated that feeder airports are very important and are used during natural emergencies such as floods. Mayor Tricarico reported that the GSA land will be available to be bid on for purchase. Both Somerset County and Hillsborough Township are interested in acquiring the land. Mayor Tricarico announced that Shrek will be the drive-in movie at Docherty Park on June 27th, the campout overnight will be held at AVM Park on Friday, June 28th and the fireworks will be held at Auten School on Saturday, June 29th.

BUSINESS FROM THE FLOOR FOR ITEMS ON THE AGENDA

Art Zander, South Branch Road, requested that additional information be provided on the liquor license renewal resolution so that the public will know which licenses are which. Township Clerk Ann Marie McCarthy replied that the trade names will be added to next year’s resolution. Mr. Zander requested that additional information be added on resolutions that state a block and lot so that the public knows where the property is located. Mr. Zander stated that he disagreed with Committeeman Gwiazdowski’s remarks regarding the PEC/SKP Settlement Agreement. He stated that when a home is sold and new children move in, it causes a recycling of students.

PUBLIC HEARING

Ordinance 2002-18 An Ordinance Amending and Supplement Part II General Legislation, Chapter 85, Fire Prevention, Article II Local Enforcement of State Standards, of the Code of the Township of Hillsborough, in the County of Somerset.

Attorney Karl Kemm gave a brief statement of the changes to the ordinance as per the recommendations of the Fire Official. Open Public Hearing Upon motion by Deputy Mayor Gelardi, seconded by Second Deputy Mayor Martin to open the public hearing on Ordinance 2002-18. Said motion carried unanimously upon call of the roll. Art Zander, South Branch Road, questioned the fees per foot. Attorney Karl Kemm replied that a larger space takes more time. Close Public Hearing Upon motion by Second Deputy Mayor Martin, seconded by Committeeman Gold to close the public hearing on Ordinance 2002-18. Said motion carried unanimously upon call of the roll. Adoption of Ordinance 2002-18 Upon motion by Second Deputy Mayor Martin, seconded by Deputy Mayor Gelardi, Ordinance 2002-18 was adopted as follows upon call of the roll: Roll Call – Ayes: Gold, Gwiazdowski, Martin, Gelardi, Tricarico Nays: None

CONSIDERATION

Consideration #1: Resolution authorizing the filing of a DRCC Easement on Township Property known as Lot 34 in Block 200B, Willow Road. (Little League Complex)

Mayor Tricarico presented the following resolution: WHEREAS, the original site plan approval for Block 200B, Lot 34 included an unconditional approval from the Delaware and Raritan Canal Commission (DRCC) which recommended that the environmentally sensitive flood plain and wetland portion of the site would be protected with a perpetual conservation easement; and WHEREAS, an easement, which also included a watershed protection buffer zone of 100 feet from the flood limit of the tributary to Royce Brook, was depicted on the site plan and is therefore memorialized; and WHEREAS, in a effort to perfect and perpetuate said easement, a metes and bounds description has been prepared to be recorded on the said property; and WHEREAS, no improvements have or will be proposed or constructed in the conservation easement area;


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WHEREAS, Township Engineer Frank S. Scarantino recommends that the Township Committee to authorize the Mayor and Township Clerk to execute an instrument prepared by the Township Attorney and thereafter be recorded by the Township Clerk to memorialize a conservation easement containing 3.74 acres more or less on the southerly portion of Lot 34 in Block 200B; 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 Township Engineer Frank Scarantino be and hereby is accepted and approved and the Mayor and Township Clerk are hereby authorized to execute an instrument prepared by the Township Attorney and thereafter be recorded by the Township Clerk to memorialize a conservation easement containing 3.74 acres more or less on the southerly portion of Lot 34 in Block 200B. Upon motion by Second Deputy Mayor Martin, seconded by Deputy Mayor Gelardi, the aforesaid resolution was adopted unanimously upon call of the roll. Consideration #2: Resolution to authorize renewal of contract with Delta Dental Plan for a one-year period from

July 1, 2002 to June 30, 2003. Mayor Tricarico presented the following resolution: BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby authorizes the renewal of the Delta Dental Plan together with the amendment to the agreement and authorizes its appropriate municipal officials to execute such agreement, subject to the review and approval of the Township Attorney, between the Township of Hillsborough and Delta Dental Plan of NJ, Inc. Upon motion by Second Deputy Mayor Martin, seconded by Committeeman Gwiazdowski, the aforesaid resolution was adopted as follows upon call of the roll: Roll Call – Ayes – Gold, Gwiazdowski, Martin, Gelardi Nays – None Abstain - Tricarico Consideration #3: Resolution to authorize renewal of contract with Standard Insurance Company for short-term

disability for a one-year period from July 1, 2002 to June 30, 2002. Mayor Tricarico presented the following resolution: BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby authorizes the execution of a contract with the Standard Insurance Company for disability insurance and authorizes its appropriate municipal officials to execute such agreement, subject to the review and approval of the Township Attorney, between the Township of Hillsborough and the Standard Insurance Company. Upon motion by Second Deputy Mayor Martin, seconded by Committeeman Gwiazdowski, the aforesaid resolution was adopted unanimously upon call of the roll. Consideration #4: Resolution to authorize renewal of contract with the Somerset Medical Center Employee

Assistance Program (EAP) for a one-year period from August 1, 2002 to July 31, 2002. Mayor Tricarico presented the following resolution:

WHEREAS, the Township currently contracts for an Employee Assistance Program with Somerset Medical Center; and

WHEREAS, Social Services Director Mary Ellen Stahley has determined that the Somerset Medical Center Employee Assistance Programs for Business is best suited to our needs; and

WHEREAS, the Township Attorney has reviewed the agreement and finds it satisfactory; and WHEREAS, the cost to the Township will be approximately $4,506.25 per year based on 175 employees. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of

Hillsborough, County of Somerset, State of New Jersey as follows: 1. An award of contract for an Employee Assistance Program is hereby made to the Somerset

Medical Center Employee Assistance Programs for Business in an amount not to exceed $4,506.25 for the period from August 1, 2002 to July 31, 2003.

2. The Mayor and Township Clerk are hereby authorized to execute the Township standard form of

agreement, for services and any modifications thereto and related constituent documents as may be found acceptable by the Township Committee.

Upon motion by Committeeman Gold, seconded by Deputy Mayor Gelardi, the aforesaid resolution was adopted unanimously upon call of the roll.


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Consideration #5: Resolution authorizing renewal of 2002-2003 Alcohol Beverage Control Licenses. Mayor Tricarico presented the following resolution: WHEREAS, the Hillsborough Township Police Department has conducted a thorough investigation of each retail licensee and club license to insure that criminally disqualified and other unfit persons do not acquire or hold direct interests in the retail alcoholic beverage industry; and, WHEREAS, Township Health Officer Glen Belnay has certified that the licensees, with the exception of Pheasant’s Landing, The Pavilion and Applebee’s which are closed, have acquired the food handlers licenses and therefore have Board of Health approval; and WHEREAS, Township Clerk Ann Marie McCarthy has certified that each licensee has posted the required Municipal fee of $2,000 for a Plenary License and $150 for the Club License together with the State fee of $l00; and WHEREAS, Township Clerk Ann Marie McCarthy has further certified that each license holder has submitted the appropriate and complete renewal application, and each has been granted a New Jersey State Tax Clearance Certificate as required by law; and WHEREAS, as a result of the aforementioned investigations, a report has been submitted confirming that the applicants are not subject to any of the disabilities set forth in Title 33 New Jersey Statutes; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough that Plenary Retail Consumption Licenses are hereby renewed to the following license holders for the year 2002-2003, effective July 1, 2002: Name License Number Royce Brook Golf Club Inc. #1810-33-001-003 201 Hamilton Road Hillsborough, NJ 08844 Shree Mahaphrabhuji, Inc. #1810-32-002-005 390 Route 206 South Hillsborough, NJ 08844 Charbbie, Inc. #1810-32-003-008 311 Amwell Road Hillsborough, NJ 08844 (Renewal subject to special condition that no further renewals of this license shall be granted unless the

license is being actively used at an approved site on or before June 30, 2003.) Special Marketing Division Inc. #1810-44-004-003 590 Amwell Road Hillsborough, NJ 08844 Apple Food Services of Hillsborough #1810-38-005-003 Route 206 (Block 182, Lots 49-50) Hillsborough, NJ 08844 The Pavilion Inc. #1810-33-006-002 150 Route 206 Hillsborough, NJ 08844 Charlie Brown’s of Hillsborough Inc. #1810-33-007-007 381 Route 206 South Hillsborough, NJ 08844 Hillsborough Hospitality Inc. #1810-33-008-007 284 Route 206 Hillsborough, NJ 08844 Hillsborough Golf Club Inc. #1810-33-009-007 146 Wertsville Road Hillsborough, NJ 08844 Petrocks Liquors A Corp #1810-32-010-002 419 Amwell Road Hillsborough, NJ 08844 Polish Falcons Camp Inc. #1810-32-011-003 140 Falcon Road Hillsborough, NJ 08844


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Manville BPOE Lodge 2119 #1810-31-012-001 1500 Brooks Blvd. Hillsborough, NJ 08844 John-Lucille Enterprises Inc. #1810-44-013-003 856 Route 206 Box 12 Mt. View Plz Hillsborough, NJ 08844 Hillsborough Bottle King Inc. #1810-44-014-001 626 Route 206 Hillsborough, NJ 08844 Upon motion by Deputy Mayor Gelardi, seconded by Second Deputy Mayor Martin, the aforesaid resolution was adopted unanimously upon call of the roll. Consideration #6: Resolution authorizing change of title, text or amount of appropriation. From Engineering

S&W to Engineering OE - $20,000 – Consulting Professional Engineering Services.) Mayor Tricarico presented the following resolution: WHEREAS, N.J.S.A. 40A:4-85 provides that the Director of the Division of Local Finance may, at the request of, or with the consent of, the Township Committee of the Township of Hillsborough, County of Somerset, make such correction of the title, text or amount of any appropriation appearing in the budgets as may be necessary to make said item of appropriation available for the purpose or purposes required for the needs of any such County of Municipality; NOW, THEREFORE, BE IT RESOLVED that in accordance with the provisions of N.J.S.A. 40A:4-85, that the Township Committee of the Township of Hillsborough, County of Somerset hereby requests the Director of the Division of Local Finance to make the following corrections in the budget of 2002: From: To:

Engineering Services and Costs Salaries $533,045.00 $513,045.00 Other Expenses $ 17,400.00 $ 37,400.00 BE IT FURTHER RESOLVED that the foregoing correction is, in the opinion of the Township Committee, warranted and authorized by the Statute above referred to, and is necessary for the orderly operation of the Township of Hillsborough, County of Somerset for the reasons hereinabove set forth. Upon motion by Deputy Mayor Gelardi, seconded by Second Deputy Mayor Martin, the aforesaid resolution was adopted unanimously upon call of the roll. Consideration #7: Resolution authorizing tuition reimbursement for Officer James Maguire. (Principles of

Management - $339.15) Mayor Tricarico presented the following resolution: WHEREAS, it is the policy of the Township of Hillsborough to encourage continuing education on the part of permanent, full-time employees for the purpose of enabling them to better perform in their jobs and to better prepare them in the event of an opportunity for advancement and promotion within the Township; and WHEREAS, financial assistance for education is outlined in Article XVIII of the current P.B.A. contract; and WHEREAS, Police Officer James Maguire has expressed an interest to complete his BA in Human Services with a concentration in Administration of Justice and an Associates degree in Emergency Management; and WHEREAS, Officer Maguire has requested consideration under the Township’s Educational Assistance provisions; and WHEREAS, Police Chief Robert Gazaway has requested favorable consideration of Officer Maguire’s request for financial reimbursement on the successful completion of “Principles of Management” in the amount of $339.15. 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 Chief of Police is hereby approved, and education assistance shall be provided to Officer James V. Maguire for “Principles of Management” in the amount of $339.15. Upon motion by Second Deputy Mayor Martin, seconded by Committeeman Gwiazdowski, the aforesaid resolution was adopted unanimously upon call of the roll. Consideration #8: Resolution requesting permission from the Division of Local Government Services to include

in the Dedication by Rider in the 2002 Budget. (Electrical Subcode Services)


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Mayor Tricarico presented the following resolution: WHEREAS, permission is requested of the Director of Local Government Services to insert in the Dedication by Rider, “Revenue received by Hillsborough Township for Electrical Inspection Fees” and dedicated under the provisions of N.J.S.A. 40A:4-39. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that permission be and hereby is requested of the Director of the Division of Local Government Services to include in the Dedication by Rider in the 2002 and subsequent budgets, “Revenue received by Hillsborough Township for Electrical Inspection Fees” and dedicated under the provisions of N.J.S.A. 40A:4-39. BE IT FURTHER RESOLVED that two copies of this resolution be forwarded immediately to the Director of Local Government Services. Upon motion by Deputy Mayor Gelardi, seconded by Second Deputy Mayor Martin, the aforesaid resolution was adopted unanimously upon call of the roll. Consideration #9: Resolution authorizing appointment of Charles E. Wiel, as electrical Subcode Official, for a

four-year term at an annual salary of $58,361.00, Grade 11, Level 7, effective July 8, 2002. Mayor Tricarico presented the following resolution: WHEREAS, there exists a vacancy in the position of Electrical Subcode Official; and WHEREAS, the Construction Official has rigorously reviewed resumes and conducted interviews; and WHEREAS, the Construction Official Ronald E. Estepp has determined that Charles E. Wiel is qualified to hold the office of Electrical Sub Code Official and recommends the appointment; and WHEREAS, the Construction Official recommends the Township Committee take action to appoint Charles E. Wiel as Electrical Subcode Official at an annual salary of $58,361.00, Grade 11, Level 7, for a four-year term effective July 8, 2002 in accordance with the Uniform Construction Code N.J.A.C. 52:27D-126, with a forty hour work week and probationary period in accordance with the union contract; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough that the recommendation of the Construction Official be and hereby is accepted and approved and Charles E. Wiel is appointed as Electrical Subcode Official at an annual salary of $58,361.00, Grade 11, Level 7, for a four-year term effective July 8, 2002 in accordance with the Uniform Construction Code N.J.A.C. 52:27D-126, with a forty hour work week and probationary period in accordance with the union contract. Upon motion by Second Deputy Mayor Martin, seconded by Committeeman Gold, the aforesaid resolution was adopted unanimously upon call of the roll. Consideration #10: Resolution to hire Recreation Summer Employees Mayor Tricarico presented the following resolution: WHEREAS, there is a need for the Hillsborough Township Recreation Commission to fill the positions of Staff in various Recreation Programs; and WHEREAS, Recreation Director Robert Evans has recommended the hiring of the following individuals for these positions, effective on or about June 1, 2002 not to exceed December 31, 2002, in accordance with the Recreation Employee Salary Schedule: Richard Schlosser Summer Camp $10.00/hour Stacey Stratton Field Hockey $300.00/session effective 1/1/02 Reva Keller Summer Camp $12.00/session Barbara Stahley Score Keeping $15.00/game 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 Recreation Director Robert Evans be and hereby is accepted and approved that the above individuals be hired as Recreation Commission employees effective on or about June 1, 2002 for a period not to exceed December 31, 2002, in accordance with the Recreation Employee Salary Schedule. Upon motion by Second Deputy Mayor Martin, seconded by Deputy Mayor Gelardi, the aforesaid resolution was adopted unanimously upon call of the roll. Consideration #11: Resolution approving Municipal Design Concept; approving Preliminary Project Budget and

Schedule and authorizing Schematic Design in connection with the Library/Municipal Expansion Project. [This item has been moved to the Library Expansion Presentation.]

Consideration #12: Resolution accepting resignation of Township Attorney Emil Philibosian and appointing Karl

P. Kemm as Township Attorney, effective July 1, 2002.


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Mayor Tricarico presented the following resolution: WHEREAS, Township Attorney Emil J. Philibosian, Esq. Has been appointed Deputy Commissioner of Veterans’ Affairs for the State of New Jersey and has tendered his resignation from the position of Township Attorney effective July 1, 2002; and WHEREAS, it is with regret that the Township Committee of the Township of Hillsborough accepts the resignation of Emil J. Philibosian, Esq. As Township Attorney; and WHEREAS, the Township Committee wishes to acknowledge Mr. Philibosian’s dedicated and professional service to the Township; and WHEREAS, it is now necessary to fill the position of Township Attorney for the remainder of Mr. Philibosian’s term; and WHEREAS, the Township Committee wishes to appoint Karl P. Kemm, Esq. Of the law firm of Philibosian, Russell, Killmurray and Kinneally, to the position of Township Attorney for the remainder of Mr. Philibosian’s term. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that: 1. The resignation of Emil H. Philibosian, Esq. as Township Attorney for the Township of Hillsborough is hereby accepted, effective July 1, 2002. 2. Karl P. Kemm, Esq. is appointed as Township Attorney for the Township of Hillsborough for the remainder of Mr. Philibosian’s term, effective July 1, 2002. Upon motion by Second Deputy Mayor Martin, seconded by Deputy Mayor Gelardi, the aforesaid resolution was adopted unanimously upon call of the roll. Members of the Township Committee thanked Mr. Philibosian for his service and dedication to the Township and wished him well. Members of the Township Committee welcomed Mr. Kemm as Township Attorney. Consideration #13: Introduction of Ordinance 2002-19 – Renewal Agreement to Use Right-of-Way – Sprint

United Telephone-NJ and set public hearing for July 23, 2002 at 8:00 p.m. Mayor Tricarico presented the following ordinance:

AN ORDINANCE REGULATING THE STATUTORY AUTHORITY OF UNITED TELEPHONE OF NEW JERSEY, INC., ITS SUCCESSORS AND ASSIGNS TO USE THE VARIOUS PUBLIC STREETS, ROADS, AVENUES, HIGHWAYS AND OTHER PUBLIC WAYS IN THE TOWNSHIP OF HILLSBOROUGH, SOMERSET COUNTY, NEW JERSEY, FOR ITS LOCAL AND THROUGH LINES AND OTHER COMMUNICATIONS FACILITIES AND PRESCRIBING THE CONDITIONS THEREOF.

BE IT ORDAINED by the Township Committee of the Township of Hillsborough, Somerset County, New Jersey that:

SECTION 1: Pursuant to the provisions of N.J.S.A. 48:17-10, N.J.S.A. 48:17-11, and N.J.S.A. 48:17-12, non-exclusive permission and consent is hereby granted to United Telephone of New Jersey, Inc., (the "Company"), its successors and assigns, to install, operate, inspect, maintain, repair, replace and remove its communications facilities and other transmission or process equipment, including underground facilities, such as conduits, manholes, cables, wires, and all other facilities appurtenant thereto, and above-ground facilities, such as cables, wires, antennas, poles, posts, supports, guys, pedestals, cable termination and distribution cabinets and all other facilities appurtenant thereto, in, through, upon, along, over, under, and across all of the various public streets and ways, which include the roads, avenues, right-of-way, sidewalks, highways, bridges, waterways, and other public places, and parts thereof, throughout their entire length, and to effect the necessary street openings and lateral connections to curb poles, property lines and other facilities in the Township of Hillsborough (the "Township") for said Company's local and through lines and other communications facilities in connection with the transaction of its business. In the event that any public street or way where the Company has facilities is vacated by the Township, the Township agrees to reserve unto said Company the rights granted the Company by the present Ordinance.

SECTION 2: The permission and consent of the Township hereunder shall terminate fifteen (15) years after the date on which the Township Committee of the Township votes to pass the Ordinance.

SECTION 3: All poles, posts, pedestals, cabinets, or other facilities shall be located and placed back of

the curb lines where shown on the official map(s) of the Township; the poles and posts, however, shall be located within eighteen (18) inches of the face of such curb line or as may otherwise be mutually agreed by both parties, or at the points or places now occupied by the poles, posts, pedestals, cabinets, or other facilities of the Company, its successors and assigns, and where there are no curb lines, at other convenient points or places in, upon, along, adjacent, or across the public streets and ways as may be mutually agreed upon between the parties.


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SECTION 4: The Company may bury its local and through communications facilities such as cables, conduit, manholes and associated equipment, fixtures, process equipment and appurtenances within the right-of-way of the various public streets and ways and at such locations as shall be mutually agreed upon by the parties for said Company's local and through lines and communications facilities. Underground conduits and associated facilities, as aforementioned, shall be placed at least eighteen (l8) inches below the surface of said public streets and ways and with the exception of lateral branches to curb poles and property lines and other facilities, the same shall generally not be constructed more than ten (10) feet from the curb line, unless obstructions make it necessary to deviate from such course or unless the parties mutually agree to another location. Manholes shall be located at such points along the line of underground conduits as may be necessary or convenient for placing, maintaining, and operating the facilities, as aforementioned, which the Company may from time to time use in connection with its underground conduit system and shall be so constructed as to conform to the cross-sectional and longitudinal grade of the surface so as not to interfere with the safety or convenience of persons or vehicles.

SECTION 5: Before proceeding with any new construction or relocation work in an area covered by

this Ordinance, the Company shall give prior notice in writing thereof to the Township, through its designated representative, of its intention to perform such work. The Company shall make application and pay all fees associated with street opening or excavation permits as may be lawfully required by any applicable ordinances regulating such openings or excavations. Any such area affected by the Company in constructing its facilities shall be restored to as good condition as it was before the commencement of work thereon. No public streets or ways shall be encumbered for a period longer than shall be reasonable to execute the work.

SECTION 6: The Company agrees to indemnify and save harmless the Township from and against all

claims and liabilities resulting from any injury or damage to the person or property of any person, firm or corporation caused by or arising out of road conditions resulting from any negligent or faulty excavations, installation or maintenance connected with the work or equipment of said Company. The provisions of this Section shall not be interpreted to relieve the Township from liability to the Company or to third parties in the event of joint or concurring negligence or fault of the Company and the Township; provided, however, that the legal liability of the Township, if any, shall be determined under applicable law, taking into account the privileges and immunities afforded a governmental entity.

SECTION 7: Whenever a curb line shall be established on streets where one does not now exist or

where an established curb line shall be relocated in order to widen an existing street in conjunction with road construction being performed by the Township, the Company shall change the location of its above-ground facilities covered by this Ordinance in accordance with applicable law, so that the same shall be back of, and adjacent to, the new curb line so long as the Township has acted in accordance with applicable law and with reasonable care in establishing the new curb line and providing notice thereof. In the event the establishment or relocation of a curb line is accomplished by the Township’s exercise of its power of eminent domain, the Company shall change the location of its above-ground facilities at no cost to the Township except as otherwise provided by applicable law.

SECTION 8: Any company or corporation having legal authority to place its facilities in the public

streets and ways of the Township may jointly use the Company's poles, posts, pedestals or other structures for all lawful purposes, provided the Company consents to such use, on terms and conditions acceptable to the Company and not inconsistent with the provisions of the present Ordinance.

SECTION 9: The Company shall provide space, to the extent available, on its poles so long as said

poles are occupied by the Company and space, to the extent available, in its main conduits existing on the date of passage of this Ordinance, but not exceeding one (1) duct of standard size, for the sole benefit of the Township during the pendancy of this Ordinance. Such space shall be provided for the exclusive use of the Township which use shall be limited to accommodating the wires or electrical conductors required for signal control in connection with municipal police patrol, fire alarm signal control and traffic signal control systems only; but for no other uses or purposes, either alone or in conjunction therewith; nor for circuits for the supply of electrical energy for traffic or other signals; nor for wires, conductors, cable or the equivalent which provide a means of transmitting any signal to a private, commercial or residential location, and which is normally provided by a nongovernmental supplier; provided, further, that no such use or attachment by the Township shall interfere with the plant or facilities of or the use thereof by the Company. All costs or expenses incurred by the Company in connection therewith shall be paid by the Township. It shall be the obligation of the Township to attach its wires to the poles or place its electric conductors in the conduits or manholes of the Company, provided that before proceeding with said work, either by itself or by a person, firm or corporation engaged to perform such work, the Township shall give the Company thirty (30) days prior notice in writing. All such work shall be performed under the supervision of said Company. The Township will indemnify and save harmless the Company from and against all claims, liabilities or demands arising in any manner in connection with the Township's wires or facilities or their installation, maintenance, operation or removal, or the Township's use or enjoyment of the Company's plant or facilities provided under this Section 8.

SECTION 10: If any or all of the said streets or ways are later taken over by the County of Somerset or

the State of New Jersey, such County or State shall have such rights and privileges and be subject to the same terms, conditions and limitations of use as apply herein to the Township, provided, however, that satisfactory prior arrangements as may be necessary are made with the Township and the Company for the full protection of the respective interest of each.

SECTION 11: The term "Township" as used in this Ordinance shall be held to apply to and include any

form of municipality or government into which the Township or any part thereof may at any time hereafter be changed, annexed, or merged.

SECTION 12: The permission and consent hereby granted shall apply to and cover all communications

facilities of the Company existing at any time, and related structures, process equipment, and appurtenances


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heretofore or hereafter erected, constructed, reconstructed, removed, located, relocated, replaced, maintained, repaired, or operated by the Company, its predecessors, successors, or assigns within the Township. This Ordinance shall cancel and supersede all prior consent ordinances between the Township and the Company regarding the subject matter hereof.

SECTION 13: This Ordinance shall not affect the ability of the Township to imposes real property taxes

on the facilities of the Company within the Township under current law; further, in the future should applicable law change so as to enable the Township to impose a franchise fee or other fee, tax, charge, or other monetary obligation on the Company’s operations or facilities, the Company agrees that the provisions of this Ordinance shall not preclude the Township from imposing or collecting such fee, tax, charge or other monetary obligation which may be permitted by law. Additionally, this Ordinance shall not be interpreted as a consent on the part of the Township for the Company to utilize its facilities to provide cable television services to customers in the Township.

SECTION 14: The Company shall maintain its property within the Township and shall comply with

applicable law for the provision of safe, adequate and proper service at just and reasonable rates, and safeguard the public interest in continuous and uninterrupted service within the Township.

SECTION 15: The Company agrees to provide to the Township free of charge, copies of such maps

and/or plans of the Company’s facilities as may be necessary or helpful to the Township in connection with any construction project of the Township; provided, however, this Section shall not impose any obligation on the Company to create maps and plans specifically for the Township’s use. Any maps or plans provided pursuant to this section shall be for general information purposes only and are not to be relied upon as an indication of the exact location of the Company’s facilities.

SECTION 16: Nothing contained in this Ordinance shall be construed to impose an obligation on the

part of the Township to open any street not heretofore dedicated or opened to the public use, and nothing herein shall be construed as an acceptance by the Township of any unaccepted street or any part thereof.

SECTION 17: In the event that any provision herein shall for any reason be illegal or unenforceable

under applicable law, such illegality or unenforceability shall not affect any other provisions of this Ordinance, and this Ordinance shall be construed as if such illegal or unenforceable provision(s) had never been contained herein.

SECTION 18: The Company shall pay the expenses incurred for advertising required in connection with

the passage of this Ordinance, after the date of its first reading, within thirty (30) days after the Company has received a bill for said advertising from the publisher. Following final passage of this Ordinance, the Township Clerk shall provide the Company with written notice thereof by certified mail. As provided by applicable law, this Ordinance, and any subsequent amendments, shall not become effective until acceptance thereof by the Company and approval thereof by the Board of Public Utilities. A motion was made by Second Deputy Mayor Martin, seconded by Committeeman Gwiazdowski, to pass Ordinance 2002-19 on first reading and to direct the Township Clerk to publish the ordinance in its entirety as required by law and set the public hearing for July 23, 2002. Said motion was carried unanimously upon call of the roll. Consideration #14: Introduction of Ordinance 2002-20 – Accept Deed for Hillsborough Right-of-Way and

Drainage Easements from Hillsborough Storage and set public hearing for July 23, 2002. Mayor Tricarico presented the following ordinance: AN ORDINANCE AUTHORIZING THE ACQUISITION OF A ROAD DEDICATION AND TWO DRAINAGE EASEMENTS CONSISTING OF PARTS OF BLOCK 202, LOTS 1 AND 3, AS MORE PARTICULARLY SET FORTH IN THE DESCRIPTION IN EXHIBIT “A”, ATTACHED HERETO, SUCH PROPERTY BEING DEDICATED BY B. WESHNAK, L.L.C., T.W. SMITH, L.L.C. AND THE BARRY WESHNAK 1998 TRUST, T/A HILLSBOROUGH STORAGE. WHEREAS, the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey wishes to acquire parts of Block 202, Lots 1 and 3 for a road dedication and two drainage easements conveyed unto the Township by B. Weshnak, L.L.C., T.W. Smith, L.L.C. and the Barry Weshnak 1998 Trust, t/a Hillsborough Storage; and WHEREAS, the dedication of the aforementioned road dedication and drainage easements are required by B. Weshnak, L.L.C., T.W. Smith, L.L.C. and the Barry Weshnak 1998 Trust, t/a Hillsborough Storage pursuant to the approvals in the Planning Board Resolution of July 13, 2000 application 00-PB-11-SR. The property is located in the southeast corner of Route 206 and Hillsborough Road and is commonly known as 20 Hillsborough Road. The road dedication as more specifically described in Exhibit “A” consists of a portion of land from the property where it borders approximately 1701 feet on the south side of Hillsborough Road, consisting of approximately 1.55 acres. The two drainage easements are more specifically described in Exhibit “A” run into the property from Hillsborough Road and are for outfalls for the Hillsborough Road drainage system; and, WHEREAS, the Township Municipal Code allows for the acceptance of such property as does N.J.S.A. 40A:12, et seq. of the Local Land and Buildings Law; and WHEREAS, the Township of Hillsborough Engineer has reviewed the Deed of Road Dedication of Drainage Easement consisting of the property hereinabove described and has recommended acceptance by the Township Committee; and


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WHEREAS, the Attorney for the Township of Hillsborough has examined the Deed of Road Dedication and Deed of Drainage Easement and is of the opinion that same is acceptable as to form and content and has recommended acceptance by the Township Committee. NOW, THEREFORE, BE IT ORDAINED by the Township Committee, of the Township of Hillsborough, County of Somerset, State of New Jersey as follows: It authorizes the appropriate municipal officials to accept the Deed of Road Dedication and Deed of Drainage Easement consisting of the property hereinabove described and to undertake all appropriate measures in accordance therewith. The within Ordinance shall take effect upon adoption and publication in accordance with New Jersey Law. A motion was made by Committeeman Gwiazdowski, seconded by Committeeman Gold, to pass Ordinance 2002-20 on first reading and to direct the Township Clerk to publish the ordinance in its entirety as required by law and set the public hearing for July 23, 2002. Said motion was carried unanimously upon call of the roll. Consideration #15: Introduction of Ordinance 2002-21 – Appropriate Funding for the 2002 Bikeways Project

Bikeway Linkage from Willow Road to Amsterdam Drive and set public hearing for July 23, 2002 at 8:00 p.m.

Mayor Tricarico presented the following ordinance: AN ORDINANCE APPROPRIATING CERTAIN MONIES HELD BY THE TOWNSHIP OF HILLSBOROUGH FOR THE PURPOSE OF CAPITAL IMPROVEMENTS INVOLVING THE CONSTRUCTION OF BIKEWAY ROUTE 17 BETWEEN WILLOW ROAD AND AMSTERDAM DRIVE. WHEREAS, the following off-site contributions have been received from various developers to be utilized for general improvements and related appurtenances throughout the Township in accordance with Planning Board Resolutions of Approval and which said monies have been deposited to the developer off-site sidewalk contribution fund accounts. PROJECT AMOUNT RESOLUTION CONDITION 1. Willows Landing $280,000.00 94-PB-20-MJ 8 2. Dogwood Meadows $ 48,000.00 89-PB-23-MJV/MRV 6 3. New Amwell Manors $ 20,000.00 87-PB-51-01-MJ 8

WHEREAS, the Township Engineer of the Township of Hillsborough certified that the relevant Planning Board Resolutions referred to above authorize the utilization of said funds for general improvements in the Township; and WHEREAS, it has been determined by the Township Committee that the following capital improvements should be undertaken:

The construction of Bikeway Route 17 between Willow Road and Amsterdam Drive and the extension of Bikeway Route 14 along Willow Road providing a length of 3.1 miles of bikeways with a combination of bike lanes, off-road bike paths and “Share The Road” bikeways.

WHEREAS, the appropriation of the funds delineated herein above is necessary in order to undertake and complete the capital improvement delineated herein.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that:

The contributions from the three (3) developers references to herein above in the total amount of $348,000.00 is hereby appropriated for the construction of Bikeway and other appurtenances as necessary including related engineering survey services, design services, permit fees and construction inspection for the construction of “BIKEWAY ROUTE 17 BETWEEN WILLOW ROAD AND AMSTERDAM DRIVE”.

A motion was made by Committeeman Gold, seconded by Deputy Mayor Gelardi, to pass Ordinance 2002-21 on first reading and to direct the Township Clerk to publish the ordinance in its entirety as required by law and set the public hearing for July 23, 2002. Said motion was carried unanimously upon call of the roll. Consideration #16: Introduction of Ordinance 2002-22 – Bond Ordinance in the amount of $303,250 providing

for Park Improvements and Capital Ordinance in the amount of $757,364 providing for various improvements and set public hearing for July 23, 2002 at 8:00 p.m.

Mayor Tricarico presented the following ordinance:


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BOND ORDINANCE PROVIDING FOR RECREATION IMPROVEMENTS AND CAPITAL ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS IN, BY AND FOR THE TOWNSHIP OF HILLSBOROUGH, IN THE COUNTY OF SOMERSET, NEW JERSEY. WHEREAS, the Township Committee (the “Committee”) of the Township of Hillsborough, in the County of Somerset, New Jersey (the “Township”) has adopted a budget for the expenditure of public funds for capital purposes to give effect to general improvement programs; and WHEREAS, the capital improvement appropriations have heretofore been ear-marked for specific purposes; and WHEREAS, the Township will be receiving grants in the amount of $35,000 for two recreation projects (Docherty Park and AVM Playground); and WHEREAS, there is money available for the Township’s general improvement programs in the Capital Improvement Fund of the Township (the “Capital Improvement Fund”); and WHEREAS, the Committee has determined to (i) appropriate certain capital improvement funds towards the acquisition of the improvements described in Section 1 hereof and (ii) to authorize the issuance of bonds or notes of the Township for certain capital improvements described in Section 4 hereof. NOW, THEREFORE, BE IT ORDAINED BY THE COMMITTEE OF THE TOWNSHIP (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS: Section 1. The Committee hereby appropriates the sum of $757,364 from the Capital Improvement Fund for the following purposes: (i) Weston canal landfill closure; (ii) ABM playground; (iii) underground tank remediation at the public works building; (iv) acquisition of an ambulance; (v) NCIC upgrades; (vi) acquisition of video cameras; (vii) acquisition of equipment for new police officers; (viii) acquisition of emergency equipment for police patrol units; (ix) construction of overlay for Willow Road, Raider Boulevard and Hillsborough Road 206 to railroad; (x) replacement of a dump truck, v-plow and mowers; (xi) acquisition of park equipment; (xii) acquisition and installation of a sensory garden at AVM playground; (xiii) acquisition of a backhoe; (xiv) acquisition of riot/emergency response equipment; (xv) acquisition of radar units; and (xvi) acquisition of a pedestrian timer, including all work and materials necessary therefore and incidental thereto. Section 2. The Committee of the Township has also ascertained and hereby determines that it is necessary and desirable to raise money to finance the cost of the improvements described in Section 4 of this ordinance, which improvements are hereby authorized to be made or acquired by the Township. For said improvements or purposes stated in said Section 4, there is hereby appropriated the sum of $303,250, said sum being inclusive of all appropriations heretofore made therefore and including the sum of $13,250 as the down payment for said improvements or purposes required by law and a grant in the amount of $25,000 (the “Grant”). The down payment is available from the Capital Improvement Fund.

Section 3. For the financing of said improvements or purposed and to meet the part of said $303,250 appropriation not provided for by application hereunder of said down payment, negotiable bonds of the Township are hereby authorized to be issued in the principal amount of $265,000 pursuant to the Local Bond Law, constituting Chapter 2 of Title 40A of the New Jersey Revised Statutes (the “Local Bond Law”). In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Township in the principal amount not exceeding $265,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. In addition, the Grant is anticipated to be received by the Township for the costs of the improvements or purposes described in Section 4 hereof. Section 4. (a) The improvements hereby authorized and the purposes for the financing of which said obligations are to be issued are for various design and improvements to Docherty Park, together with all other work, materials and appurtenances necessary therefore or incidental thereto.

(b) The estimated maximum amount of bonds or notes of the Township to be issued for said purposes is $265,000.

(c) The estimated cost of said purposed for the Township is $303,250, the excess thereof over the

estimated maximum amount of bonds or notes to be issued therefore being the amount of said $13,250 down payment for said purposes and the Grant.

Section 5. The following additional matters are hereby determined, declared, recited and stated: (a) The said purposes described in Section 4 of this ordinance are not current expenses and are

properties or improvements which the Township may lawfully acquire or make as general improvements, and no part of the cost thereof has been or shall be specially benefited thereby.

(b) The period of usefulness of said purposes within the limitations of the Local Bond Law, according

to the reasonable lives thereof computed from the date of said bonds or notes authorized by this ordinance, is 15 years.

(c) The supplemental debt statement required by the Local Bond Law has been made and filed in the

Office of the Township Clerk and a complete executed duplicated has been filed in the Office of the Director of Local Government Services in the Department of Community Affairs in the State


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of New Jersey (the “Division”), and such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided for in this ordinance by $265,000, and the said obligations authorized by this ordinance will be within all debt limitations prescribed by the Local Bond Law.

(d) An aggregate amount not exceeding $13,250 for interest on said obligations, costs of issuing said

obligations, engineering costs and other items of expense listed in and permitted under Section 40A:2-20 of the Local Bond Law is included in the estimated cost of said improvements.

Section 6. Any funds from time to time received by the Township as contribution-in-aid of financing the

improvements or purposes described in Section 4 of this ordinance, including, without limitation, the Grant, shall be used for financing said improvements or purposes by application thereof either to direct payment of the cost of said improvements or purposes, or to payment or reduction of the authorization of the obligations of the Township authorized therefore by this ordinance. Any such funds so received may, and all such funds so received which are not required for direct payment of the cost of said improvements or purposes shall, be held and applied by the Township as funds applicable only to the payment of obligations of the Township authorized by this ordinance.

Section 7. The full faith and credit of the Township are hereby pledged to the punctual payment of the

principal of and interest on the obligations authorized by this ordinance. Said obligations shall be direct and unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all of the taxable property within the Township for the payment of said obligations and interest thereon without limitation as to rate or amount.

Section 8. The capital budget of the Township is hereby amended to conform with the provisions of this

ordinance to the extent of any inconsistency herewith and the resolutions promulgated by the Local Finance Board of the Division showing all detail of the amended capital budget and capital program as approved by the Director of the Division, are on file with the Township Clerk and are available for public inspection.

Section 9. The Township intends to issue bonds or notes to finance the cost of the improvements or

purposes described in Section 4 of this ordinance. The Township expects that the maximum principal amount of bonds or notes that will be issued to finance the cost of the improvements or purposes described in Section 4 of this ordinance is $265,000. If the Township incurs any such costs prior to the issuance of the bonds or notes, the Township intends to reimburse itself for such expenditures with the proceeds of the bonds or notes.

Section 10. This ordinance shall take effect twenty (20) days after the first publication thereof after final

adoption as provided by the Local Bond Law. A motion was made by Second Deputy Mayor Martin, seconded by Deputy Mayor Gelardi, to pass Ordinance 2002-22 on first reading and to direct the Township Clerk to publish the ordinance in its entirety as required by law and set the public hearing for July 23, 2002. Said motion was carried unanimously upon call of the roll. Consideration #17: Resolution appointing Nathaniel Shaw as Part-time Electrical Subcode Inspector at an hourly

rate of $28.00 (non-union position). Mayor Tricarico presented the following resolution: WHEREAS, there is a need to have an Electrical Subcode Official at all times; and WHEREAS, Construction Official Ron Estepp has requested the hiring of a part-time Electrical Subcode Inspector to provide coverage for inspections and plan review during the Electrical Subcode Official’s absence and for those occasions where the full time Electrical Subcode Official cannot handle the market driven demands of the public, approximately 16-24 hours per week; and WHEREAS, the Construction Official has determined that Nathaniel Shaw possesses the appropriate municipal experience, as well as proper licensing; and WHEREAS, Construction Official Ron Estepp has recommended Nathaniel Shaw be hired to fill the non-union position of Part-time Electrical Subcode Inspector at a rate of $28.00 per hour, effective July 8, 2002. 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 Construction Official Ron Estepp be and hereby is accepted and approved, and that Nathaniel Shaw is hereby appointed to the non-union position of Part-time Electrical Subcode Inspector at a rate of $28.00 per hour, effective July 8, 2002. Upon motion by Deputy Mayor Gelardi, seconded by Second Deputy Mayor Martin, the aforesaid resolution was adopted unanimously upon call of the roll.

CONSENT

Upon motion by Deputy Mayor Gelardi, seconded by Committeeman Gwiazdowski, the following Consent Agenda Items were approved as follows upon call of the roll:

Roll Call: Ayes – Gold, Gwiazdowski, Martin, Gelardi, Tricarico Nays – None


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Consent #1: Resolution authorizing disbursement of sewer charges collected prior to the Tax Sale to the Municipal Utilities Authority.

WHEREAS, the Tax Collector has received, from the Municipal Utilities Authority, a list of 2001 delinquent sewer accounts, subject to tax sale on June 19, 2002; and WHEREAS, the property owners or agent thereof did pay the Tax Collector, the entire sum due prior to the Tax Sale proceedings; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the attached sewer listing of 2001 sewer charges collected prior to the Tax Sale disbursed to the Municipal Utilities Authority.

Consent #2: Resolution authorizing cancellation of taxes in the amount of $1,152.97 for Block 201, Lot 10. (Tax Collector determined penalty 2001 taxes are uncollectable because the land is State owned and therefore exempt.)

WHEREAS, taxes were billed against the property known as Block 201, Lot 10; and

WHEREAS, the Tax Collector has determined that the penalty 2001 taxes are uncollectable for Block 201,

Lot 10;

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Tax Collector is hereby authorized to cancel taxes in the amount of $1,152.97.

Consent #3: Resolution granting veteran/widow of a veteran deduction. ($150 for 2001 and $200 for 2002 – Properties – 4)

WHEREAS, the following individuals have filed an application for a Veterans or a Widow of a Veteran Property Tax Deduction; and WHEREAS, the Tax Collector has approved said application for the 2001/2002 Tax Year in accordance with N.J.S.A. 54-4-8:10; NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, hereby reduces the following properties by the sum of $150.00 for the year 2001 and $200.00 for the year 2002. BLOCK LOT NAME 175 17.04 Kijek

163.E 2903 Anderson

200.06 121 Roscoe

200.06 221 Huppert

Consent #4: Resolution allowing a senior citizen deduction. (Block 200.02, Lot 232 – Steck - $250)

WHEREAS, the following individuals have filed application for a senior citizen deduction; and WHEREAS, the Tax Collector has approved said application for the 2000 tax year in accordance with N.J.S. 54:4-8:13; NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey hereby decreased the net tax against the following property by the sum of $250.00. BLOCK LOT NAME

200.06 232 Steck

Consent #5: Resolution disallowing senior citizen deductions. (Block 152.7, Lot 9 and Block 177, Lot 24.C)

WHEREAS, the following individuals have filed application for a Senior Citizen Deduction; and

WHEREAS, the Tax Collector has denied said applications for the 2000 tax year in accordance with N.J.S. 54:4-8:13;

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey hereby increased the net tax against the following properties by the sum of $250.00. BLOCK LOT NAME AMOUNT 152.F 9 Zarillo $173.29


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177 24.C Holub $170.55

Consent #6: Resolution authorizing release of liens. (Total - $9,597.24 – Properties – 4)

WHEREAS, several real property tax payers have redeemed liens held against their property taxes; and WHEREAS, the Tax Collector has received proof of such payments after correspondence with said property owners; NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey hereby authorizes the Tax Collector to release the amount specified to the lien holders listed below.

Total: $9,597.24 Number of Properties: 4 BLOCK LOT NAME AMOUNT LIEN HOLDER 200.B 5.01 UKN/Hills Twp. $ 50.34 Fernwood 171 44.A Davis $1,490.93 First Union 171 44.A Davis $2,818.02 DeNagel

171 44.A Davis $5,237.95 Dabrowski

Consent #7: Resolution authorizing refund of tax overpayment. (Block 203.06, Lot 3 - $45.75) WHEREAS, several real property tax payers have overpaid their real property taxes; and

WHEREAS, the Tax Collector has received proof of such payments after correspondence with said

property owners; and

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Tax Collector is hereby authorized to refund said amounts to the property owner. Total - $45.75, Total Properties: 1

BLOCK LOT NAME AMOUNT QTR YEAR

203.06 3 Abdelrahman $45.75 4 01

Consent #8: Resolution approving insertion of items of revenue in 2002 Budget [Chapter 159]. (State-Body Armor Replacement Program - $5,269.88)

WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount, SECTION I NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough hereby requests the Director of the Division of Local Government Services to approve the insertion of items of revenue in the budget of the year 2002 in the amounts listed below, which items is not available as a revenue from the New Jersey Department of the Treasurer;

STATE-BODY ARMOR REPLACEMENT PROGRAM $5,269.88

SECTION II BE IT FURTHER RESOLVED that a like sum, be, and the same, hereby is appropriated under the above appropriation titles.

Consent #9: Resolution approving insertion of items of revenue in 2002 Budget [Chapter 159]. (Somerset County Municipal Planning Partnership - $20,000.00)

WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services

may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount,


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SECTION I NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough hereby requests the Director of the Division of Local Government Services to approve the insertion of items of revenue in the budget of the year 2002 in the amounts listed below, which items is not available as a revenue from the New Jersey Department of the Treasurer;

SOMERSET COUNTY MUNICIPAL PLANNING PARTNERSHIP $20,000.00

SECTION II

BE IT FURTHER RESOLVED that a like sum, be, and the same, hereby is appropriated under the above appropriation titles.

Consent #10: Resolution approving insertion of items of revenue in 2002 Budget [Chapter 159]. (Alcohol Education Rehabilitation Enforcement Fund - $1,178.28)

WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount, SECTION I NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough hereby requests the Director of the Division of Local Government Services to approve the insertion of items of revenue in the budget of the year 2002 in the amounts listed below, which items is not available as a revenue from the New Jersey Department of the Treasurer;

ALCOHOL EDUCATION REHABILITATION ENFORCEMENT FUND $1,178.28

SECTION II


Consent #11: Resolution approving insertion of items of revenue in 2002 Budget [Chapter 159]. (Youth Athletic and Recreation Facility Grant Program - $10,000.00)

WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount, SECTION I NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough hereby requests the Director of the Division of Local Government Services to approve the insertion of items of revenue in the budget of the year 2002 in the amounts listed below, which items are not available as a revenue from the New Jersey Department of the Treasurer;

YOUTH ATHLETIC AND RECREATION FACILITY GRANT PROGRAM $10,000.00

SECTION II


Consent #12: Resolution authorizing transfer of earned amounts from Subdivision and Site Plan Engineering Accounts. (4th Transfer, April, 2002 in the amount of $23,767.19)

WHEREAS, that in accordance with the following summary of accrued Engineering Inspection Charges related to various projects, a total of $23,767.19 should be transferred from the Engineering Inspection Escrow Accounts into the Township General Account as indicated; and WHEREAS, that each of the project line items has been verified against the Treasurer’s Office account records for the month of April 2002 to ensure that sufficient funds are available for these transfers for unanticipated revenues. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that a total of $23,767.19 is to be transferred from the Engineering Inspection Accounts into the Township General Account.


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Client Number Transfer

710 Capital Projects Unknown $ 578.00 Hillsborough Storage 100010 $ 1,683.08 Mary Mother of God 100055 $ 415.59 United Rental/Avolio’s 100078 $ 69.42 Amwell Commons 1002 $ 2,254.26 Verizon/Brooks Blvd. 1006 $ 57.80 Glen-Gery 10080 $ 231.20 Crestmont II 107 $ 115.60 Country Corner Village 108 $ 57.80 General 11103 $ 2,109.74 Orchard Hills West 1111 $ 370.24 Brentwood Hills III 112 $ 115.70 Willows Landing 113 $ 1,244.56 Paddocks 114 $ 381.76 Towne Center Phase II 118 $ 231.40 Paddocks II 126 $ 217.44 April Valley 128 $ 538.30 Country Classics – Phase 2 137 $ 92.56 Canica 148 $ 23.14 Larken Lots 18/19 150 $ 46.28 Riverview Estates – Toll Brothers 151 $ 1,152.44 Hillsborough Point 152 $ 4,083.32 RCN Road Permit 153 $ 115.60 Hillsborough Promenade/Krame 155 $ 4,287.55 Kloss/Country Classics 20050 $ 310.00 Coventry Chase 20053 $ 298.71 Orchard Hills East 71 $ 1,676.97 Rohill Village IV 87 $ 242.92 Laureldale 89 $ 277.58 Courtland II 94 $ 199.14 Courtland III 95 $ 127.22 Heritage Estates I & II 98 $ 161.88 Total $23,767.19

Consent #13: Resolution approving request from J.W. Price for release of Cash Performance Escrows. (Lot 199.01 in Block 174 – Dutchtown Zion Road – 94-PB-30-MR)

WHEREAS, in December of 1994, J.W. Price posted $5,868.00 as cash performance bond for the map filing associated with the above referenced minor subdivision; and WHEREAS, the bond guaranteed the completion of ditch profiling and driveway drainage and survey monumentation along Zion Road; and WHEREAS, the project did not require new roadway construction; and WHEREAS, Township Engineer Frank Scarantino certifies that all of the above referenced work in Zion Road Right-of-Way has been successfully completed; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take the following actions:

1. Accept the minor drainage improvements to Zion Road along Lot 199.01 in Block 174.

2. Waive the 15% maintenance guarantee given the vintage and nature of the improvements.

3. Release the $5,868.00 cash principal escrow and any applicable interest and close this account.

4. Transfer $92.56 for outstanding engineering debits and release the remaining engineering inspection fee escrow of approximately $349.00 more or less and close this account.

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 Township Engineer Frank Scarantino be and hereby is accepted and approved and $92.56 be transferred for outstanding engineering debits and the estimated cash principal escrow balance of $5,868.00 and engineering inspection fee escrow of $349.00 be released to J.W. Price and the accounts closed.

Consent #14: Resolution approving request from Country Classics, Inc. for release of Engineering Inspection Fees. (Paddocks Phase I)

WHEREAS, a request was received from Country Classics, Inc. for the release of Engineering Inspection Fees; and WHEREAS, Township Engineer Frank Scarantino certifies that all work related to the above referenced application has been completed; and


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WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action to transfer $425.01 for outstanding Engineering Inspection debits and release the remaining Inspection Fee Escrows of approximately $5,657.64 and closed this account. 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 Township Engineer Frank Scarantino be and hereby is accepted and approved thus authorizing the transfer $425.01 for outstanding Engineering Inspection debits and release the remaining Inspection Fee Escrows of approximately $5,657.64 and closed this account.

Consent #15: Resolution approving release of Performance Escrows from Willow’s Landing for Winter Certificates of Occupancy. (Block 200.07, Lot 22 - $1,000 and Block 200.07, Lot 25 - $2,000)

WHEREAS, a request has been received from Willow’s Landing for the release of the following two Winter Certificates of Occupancy:

Block Lot Escrow Amount Date Issued 200.07 22 $ 1,000.00 05/15/02 200.07 25 2,000.00 05/15/02

WHEREAS, Township Engineer Frank Scarantino certifies that the fine grading, seeding and mulching which was precluded by the winter season has been completed; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action to release approximately $3,000.00 plus any applicable interest.

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 Township Engineer Frank Scarantino be and hereby is accepted and approved and approximately $3,000.00 plus any applicable interest is released to Willow’s Landing.

Consent #16: Resolution approving release of partial Cash Bond for Country Classics – Phase 2. (Lots used for models and missing street trees – Block 205.21, Lots 45-46 & Block 205.15, Lots 77-78)

WHEREAS, in December, 2001, Country Classics, Inc. posted a $18,623.00 cash bond at project acceptance for the above referenced blocks and lots; and WHEREAS, the bond guaranteed the completion of the reconstruction of the lots used for models and the installation of street trees; and WHEREAS, to date, only street trees have been installed and reconstruction of site improvements around the models have not been completed; and WHEREAS, Township Engineer Frank Scarantino recommends the release of a partial payment of $3,168.00 at this time and retaining a balance of $15,455.00 until completion of the remedial site work.

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 Township Engineer Frank Scarantino be and hereby is accepted and approved and release a partial payment of $3,168.00 at this time and retain a balance of $15,455.00 until completion of the remedial site work.

Consent #17: Resolution approving request from Country Classics, Inc. for release of Engineering Inspection Fees. (Paddocks Phase II)

WHEREAS, a request was received from Country Classics, Inc. for the release of Engineering Inspection Fees; and WHEREAS, Township Engineer Frank Scarantino certifies that all work related to the above referenced application has been completed; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action to transfer $487.33 for outstanding Engineering Inspection debits and release the remaining Inspection Fee Escrows of approximately $6,658.17 and closed this account.

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 Township Engineer Frank Scarantino be and hereby is accepted and approved thus authorizing the transfer $487.33 for outstanding Engineering Inspection debits and release the remaining Inspection Fee Escrows of approximately $6,658.17 and closed this account.

Consent #18: Resolution confirming regular employee status of Kathleen Wesolowski, Assistant to the Township Clerk, effective June 13, 2002.

WHEREAS, Kathleen Wesolowski was appointed as Assistant to the Township Clerk on March 13, 2002; and WHEREAS, Ann Marie McCarthy, Township Clerk certifies that Ms. Wesolowski has performed her duties and assignments in a capable and competent manner; and


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WHEREAS, having qualified for regular employee status during the three-month probationary period, Ann Marie McCarthy, Township Clerk recommends that regular employee status be conferred upon Kathleen Wesolowski, Assistant to the Township Clerk effective June 13, 2002.

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 Township Clerk Ann Marie McCarthy be and hereby is accepted and approved, and Kathleen Wesolowski, Assistant to the Township Clerk is hereby granted regular employee status as of June 13, 2002.

Consent #19: Resolution confirming regular employee status of James Haurey, Computer Support Manager/Technician, effective June 27, 2002.

WHEREAS, James Haurey was appointed as Computer Support Manager/Technician on March 27, 2002; and WHEREAS, Township Administrator Judith Haas certifies that Mr. Haurey has performed his duties and assignments in a capable and competent manner; and WHEREAS, having qualified for regular employee status during the three-month probationary period, Township Administrator Judith Haas recommends that regular employee status be conferred upon James Haurey, Computer Support Manager/Technician effective June 27, 2002.

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 Township Administrator Judith Haas be and hereby is accepted and approved, and James Haurey, Computer Support Manager/Technician is hereby granted regular employee status as of June 27, 2002.

Consent #20: Resolution confirming regular employee status of Mark McCloskey, Assistant Township Planner/Zoning Officer, effective July 1, 2002.

WHEREAS, Mark McCloskey was appointed as Assistant Township Planner/Zoning Officer on April 1, 2002; and WHEREAS, Township Planner Robert Ringelheim certifies that Mr. McCloskey has performed his duties and assignments in a capable and competent manner; and WHEREAS, having qualified for regular employee status during the three-month probationary period, Township Planner Robert Ringelheim recommends that regular employee status be conferred upon Mark McCloskey, Assistant Township Planner/Zoning Officer effective July 1, 2002.

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 Township Planner Robert Ringelheim be and hereby is accepted and approved, and Mark McCloskey, Assistant Township Planner/Zoning Officer is hereby granted regular employee status as of July 1, 2002.

Consent #21: Resolution denying request from Millennium Homes for release of engineering inspection escrow at Brentwood Hills – Section 3.

WHEREAS, a request has been received from Millennium Homes for the release of engineering inspection escrow; and WHEREAS, Township Engineer Frank Scarantino certifies that the Maintenance Bond period for Brentwood Hills - Section 3 runs through October 2002, therefore, maintenance inspections are still in progress; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action to deny this request;

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 Township Engineer Frank Scarantino be and hereby is accepted and approved and the request for release of engineering inspection escrow Millennium Homes for Brentwood Hills-Section 3 is denied.

Consent #22: Resolution denying request from Millennium Homes for release of engineering inspection escrow at Tanglewood Estates.

WHEREAS, a request has been received from Millennium Homes for the release of engineering inspection escrow; and WHEREAS, Township Engineer Frank Scarantino certifies that the Maintenance Bond period for Tanglewood Estates runs through October 24, 2003, therefore, maintenance inspections are still in progress; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action to deny this request;

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 Township Engineer Frank Scarantino be and


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hereby is accepted and approved and the request for release of engineering inspection escrow Millennium Homes for Tanglewood Estates is denied.

Consent #23: Resolution denying request from J. Todd Van Cleef for release of cash maintenance escrows at Railsedge Enterprises.

WHEREAS, a request has been received from J. Todd Van Cleef for the release of cash maintenance escrows; and WHEREAS, Township Engineer Frank Scarantino certifies that the Maintenance Bond period for Railsedge Enterprises runs through May 9, 2003, therefore, maintenance inspections are still in progress; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action to deny this request;

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 Township Engineer Frank Scarantino be and hereby is accepted and approved and the request for release of cash maintenance escrows to J. Todd Van Cleef for Railsedge Enterprises is denied.

Consent #24: Resolution approving request from Millennium Homes for release of cash performance escrows at Tanglewood Estates.

WHEREAS, on October 24, 2001, The Township Committee took action to accept the above referenced Tanglewood residential subdivision, however, a $5,000.00 cash escrow was held to guarantee turf germination in the then recently renovated detention basin; and WHEREAS, the basin successfully germinated this spring and is now in satisfactory condition; and WHEREAS, Township Engineer Frank S. Scarantino certifies that the remedial work for which the performance escrow was posted has been completed; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take the following action:

o Release the $5,000.00 cash escrow and any applicable interest and close this account.

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 Township Engineer Frank Scarantino be and hereby is accepted and approved and the $5,000 cash escrow and any applicable interest be released and the account closed.

Consent #25: Resolution approving a request from Orchard Hills Development Corp. for Orchard Hills West to accept the project and public road and to release performance bonds.

WHEREAS, a request has been received from Orchard Hills Development Corp. for the Acceptance of Orchard Hills West, Acceptance of Public Roads, and Release of Performance Bonds; and WHEREAS, Township Engineer Frank Scarantino certifies the following: 1. Survey Monumentation Certification is on file, 2. As-Built Record Mylars are on file, 3. All site improvement punchlist items have been addressed,

WHEREAS, this project was completed many years ago but acceptance was precluded by the fact that there was an outstanding obligation to participate in offsite improvement of Orchard Drive; and

WHEREAS, the six lot subdivision did not require any new roads but did improve a short section of

Orchard Drive, a length of approximately 1,300 feet running west from the intersection with Crater Road which fronted along the six lots; and

WHEREAS, this past year the improvements to Orchard Drive were substantially completed and this work

is more than sufficient to justify the $30,000 share of cost for Orchard Estates West;

WHEREAS¸ in view of the aforesaid facts, acceptance at this time is appropriated and a waiver of maintenance period has been requested and recommended; WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action on the following:

1. Acceptance of the project including the acceptance of the 1,300 feet of improved Orchard Drive running west from the intersection with Crater Road.

2. Release of Performance Bond No. SO1669 in its entirety and release of $8,167.00 cash principal plus any applicable portion of accrued interest.


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3. Waiver of maintenance bond requirements.

NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendations of Township Engineer Frank Scarantino be and hereby are accepted and approved.

Consent #26: Resolution approving a request from Holland Development Corp. for Estates of Branchville to accept project and public roads and to release performance bonds.

WHEREAS, a request has been received from Holland Development Corp. for the Acceptance of Estates of Branchville, Acceptance of Public Roads, and Release of Performance Bonds; and WHEREAS, Township Engineer Frank Scarantino certifies the following: 1. Survey Monumentation Certification is on file, 2. As-Built Record Mylars are on file, 3. All site improvement punchlist items have been addressed,

WHEREAS, this project was completed many years ago but acceptance was precluded by the fact that there was an outstanding obligation to participate in offsite improvement of Orchard Drive; and

WHEREAS, the improvement that was required of Estates of Branchville included a 1 ½ inch overlay of

all of Orchard Drive over its then existing 18 foot width; and WHEREAS, all of Orchard Drive has been overlayed with 2” surface course including all the

reconstructed sections which are now 26 to 30 feet wide; and WHEREAS, it was only this past year the improvements to Orchard Drive were substantially completed;

and

WHEREAS¸ in view of the aforesaid facts, acceptance at this time is appropriated and a waiver of maintenance period has been requested and recommended; and

WHEREAS, the cemetery has been refurbished in accordance with conditions of approval and was turned

over to the Historic Commission with escrows some years ago; WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action on the following:

1. Acceptance of the project including the acceptance of the following into the Public Roadway System:

a. Public – Carroll Drive in its entirety, approximately 2,750 L.F. b. Public – Brusler Place in its entirety, approximately 1,100 L.F. c. Public – Crator Road in its entirety, approximately 550 L.F. d. Public – Champerlain Drive from River Road to the Project limit, approximately 1,100

L.F.

2. Accept Water Quality Basin on 3.47 acres Lot 11.04 in Block 48.

3. Accept passive open space with historic cemetery on 10.23 acre Lot 11.03 in Block 48.

4. Release performance bond nos. 627636, 627637 and 627638 in their entirety and release $75,036.00 cash principal plus any applicable interest, closing this account.

5. Waive any further maintenance bond requirements.


Consent #27: Resolution approving a request from Summit Associates, Inc. for Raider Boulevard Improvements to accept public roads and Maintenance Bond No. C28557M and to release performance escrows.

WHEREAS, a request has been received from Summit Associates, Inc. for the Acceptance of Public Roads, Acceptance of Maintenance Bond, and Release of Performance Bonds; and WHEREAS, Township Engineer Frank Scarantino certifies the following: 1. Survey Monumentation Certification is on file, 2. As-Built Record Mylars are on file, 3. All site improvement punchlist items have been addressed, 4. Maintenance Bond No. C28557M from First Indemnity of America Insurance Company was reviewed and the

amounts, project descriptions and terms are correct.


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WHEREAS, the non-residential major subdivision with site plan originally approved in the mid 1980’s was responsible for the construction of Raider Boulevard between Stryker Lane and Route 206 and through the years the project evolved, changed and recently neared completion; and

WHEREAS, only recently has the developer of the project Summit Associates completed all items

involved with Raider Boulevard and requested release of performance guarantees; and WHEREAS, there are no surety bonds since the original bonds were written by Southeastern Casualty Co.,

which went bankrupt and was not a problem since the cash bond was never reduced and has been held for such a long time with interest it more than adequately guaranteed performance; WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action on the following:

1. Acceptance of Maintenance Bond No. C2855M from First Indemnity of America Insurance Company in the amount of $131,420 subject to the review and report of the Township Attorney.

2. Acceptance of the following into the public Roadway System:

a. Public – Raider Boulevard from Route 206 to 400’ west of Stryker Lane, approximately

1,500 L.F. b. Public – Render Drive in its entirety, approximately 200 L.F.

3. There are not public open spaces or drainage facilities in this project.

4. Release of $160,035.18 performance cash principal plus any applicable portion of accrued interest,

closing this account.


RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS Mayor Tricarico acknowledged the receipt of the May 2002 Police Department Report.

CLAIMS LIST

2002-12 Upon motion by Committeeman Gwiazdowski, seconded by Second Deputy Mayor Martin, Claims List 2002-12 was approved as submitted. Said motion carried as follows upon call of the roll:

Roll Call: Ayes – Gold, Gwiazdowski, Martin, Gelardi, Tricarico Nays – None

PRESENTATION

Library Expansion Project

Eli Goldstein of The Goldstein Partnership, presented additional preliminary designs to the Township Committee which included new schemes E and F and cost estimates and reduction strategies. A complete copy of the presentation is made part of said minutes. After a brief discussion of schemes C and F, Mayor Tricarico directed the Township Committee to review both schemes and to forward their preference of either scheme C or scheme F to the Township Administrator by Monday, July 1, 2002.

BUSINESS FROM THE FLOOR FOR NEW MATTERS Christian Jensen, Amwell Road, reported that the Open Space Advisory Committee voted to request the Township Committee to put a non-binding referendum on the ballot to increase the open space tax from 4 cents to 6 cents. He noted that the deadline for putting a non-binding referendum on the ballot is close and he does not want the Township Committee to miss it. Second Deputy Mayor Martin replied that the Open Space Advisory Committee voted on this matter with the condition that there be some review of acquisitions made by the Township up to this point in terms of determining the fiscal situation of the open space trust fund. Ms. Martin stated that this matter has not been looked at since. Second Deputy Mayor Martin stated that it was her understanding that the Open Space Advisory Committee wanted to wait and see what the financial status of the trust fund was prior to increasing the open space tax. Mr. Jensen disagreed and stated that a vote was taken and passed in October or November to recommend a non-binding referendum be placed on the ballot to increase the open space tax. After a brief discussion between Second Deputy Mayor Martin and Mr. Jensen, Mayor Tricarico recommended that this matter be brought up at the next Open Space Advisory Committee meeting in July. He also stated that he wanted the minutes of the Open Space Advisory Committee reviewed to see if an official action was taken.

ADJOURNMENT


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Upon motion by Deputy Mayor Gelardi, seconded by Committeeman Gwiazdowski, and carried unanimously upon call of the roll, the meeting duly adjourned by 10:38 p.m. Approved:

Ann Marie McCarthy, Township Clerk

Documents

Hillsborough Township Committee Regular Meeting …...Hillsborough Township Committee Regular Meeting June 25, 2002 - 1 The Township Committee of the Township of Hillsborough met in