TABLE OF CONTENTS CALL OF THE ROLL: - Cit-e-NetTABLE OF CONTENTS CALL OF THE ROLL: ... 19. Introduction of Ordinance 2000-02 amending and supplementing Part I, Chapter 10, Article

HILLSBOROUGH TOWNSHIP COMMITTEE REGULAR MEETING

January 26, 2000

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TABLE OF CONTENTS

CALL OF THE ROLL: ...................................................................................... 3

SALUTE TO THE FLAG: .................................................................................. 3

ANNOUNCEMENT THAT MEETING HAS BEEN PROPERLY ADVERTISED INACCORDANCE WITH THE OPEN PUBLIC MEETINGS ACT: ................................. 3

PROCLAMATION:Retirement of Lieutenant Peter Staats .............................................................. 3

SWEARING IN OF POLICE OFFICERS:Lieutenant Paul A. Kaminsky ....................................................................... 4Sergeant Robert Flaherty ............................................................................. 4

DISPOSITION OF MINUTES:Closed Meeting Minutes of January 12, 2000..................................................... 5Work Meeting Minutes of January 12, 2000 ...................................................... 5Regular Meeting Minutes of January 12, 2000.................................................... 5

REPORTS FROM COMMITTEE LIAISONS:.......................................................... 6

NEW BUSINESS FROM TOWNSHIP COMMITTEE: .............................................. 7

BUSINESS FROM THE FLOOR FOR ITEMS ON THE AGENDA: ............................. 7

CONSIDERATION:

1. Resolution appointing Sergeant Paul A. Kaminsky to the position of Lieutenant effectiveJanuary 26, 2000, at an annual salary of $74,745 .................................................... 4

2. Resolution of appointment Corporal Robert Flaherty to the position of Sergeant effectiveJanuary 26, 2000, at an annual salary of $63,644..................................................... 4

3. Resolution approving 1999 grant disbursement recommendations of the Credit CardAdvisory Committee ...................................................................................... 8

4. Resolution accepting a grant extension from February 1, 1999 through January 31, 2000 inthe amount of $60,000 from the New Jersey Safe and Secure Communities Program ........ 9

5. Resolution authorizing the cancellation of unexpended and dedicated balances of theGeneral Capital Appropriations .........................................................................10

6. Resolution establishing the annual salaries and wages for the Municipal Attorney($65,000), Municipal Prosecutors ($20,500 ea.) and Public Defender ($6,000) ............... 10

7. Resolution authorizing the execution of a Professional Services contract with EmilPhilibosian, Esq. as Township Attorney at an annual salary of $65,000, salary and retainernot to exceed $100,000 ...................................................................................10

8. Resolution authorizing the execution of a Professional Services contract with Frank N.Yurasko, Esq. for litigation services at a rate of $135 per hour, not to exceed $26,000.......11

9. Resolution authorizing the execution of a Professional Services contract with Edward A.Halpern, Esq. for legal services at a rate of $110 per hour, not to exceed $11,000 ...........12

10. Resolution authorizing the execution of a Professional Services contract with Arthur Skaar,Esq. as primary litigation counsel at a rate of $110 per hour, not to exceed $22,000 .........13

11. Resolution authorizing the execution of a Professional Services contract with Brian Cige,Esq. for legal services at a rate of $110 per hour, not to exceed $22,000........................13

12. Resolution awarding Contract 2000-06, "Woodfern Park Recreation Complex-Phase A," toFischer Contracting, Inc. for an amount not to exceed $375,258 ................................ 14

13. Resolution authorizing an Interlocal Services Agreement with Branchburg Township forChild Health Conference Services, in the amount of $50 per child with an estimated total of$1,000 ..................................................................................................... 15


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14. Resolution authorizing the execution of a contract with St. Hubert's Giralda AnimalWardening Services for 2000 in the amount of $30,000 ............................................15

15. Resolution permitting the Somerset County Division of Solid Waste Management to use theTownship's Park & Ride facility on April 15, 2000, for their annual compost bin sale .......16

16. Resolution regarding a request from Country Classics for the acceptance of project, publicroads and Maintenance Bond No. KOG12-00020-SUB and release of performance bondsfor The Paddocks -- Phase I .............................................................................17

17. Resolution regarding a request from Country Classics for the acceptance of project, publicroads and Maintenance Bond No. KOG12-000043-SD and release of performance bondsfor The Paddocks -- Phase II ............................................................................17

18. Resolution accepting Maintenance Bond A10-40-54-00M in the amount of $8,556.42 fromSolar-Mite Electrical Contractors, Inc., for Project 99-02, "Signalization of the RaiderBoulevard / Homestead Road Intersection." ..........................................................18

19. Introduction of Ordinance 2000-02 amending and supplementing Part I, Chapter 10, ArticleIII Municipal Prosecutor of the Code of the Township of Hillsborough, in the County ofSomerset, New Jersey and setting the public hearing for February 23, 2000 ................. 19

20. Introduction of Ordinance 2000-03 amending and supplementing Part I, Chapter 31, ArticleX Township Attorney, Article XA Corporation Counsel and Article XB General LitigationCounsel of the Code of the Township of Hillsborough, in the County of Somerset, NewJersey and setting the public hearing for February 23, 2000 ...................................... 20

21. Introduction of Ordinance 2000-04 amending Chapter 77 (Development Regulations)Section 15 (Guarantees and Inspections) Subsection G (Performance of Work) 7 of theMunicipal Code of the Township of Hillsborough, County of Somerset, State of NewJersey so as to Assure Township Engineer Approval of the Foundation Location andElevation Survey before the Hillsborough Township Construction Department is Requestedto Perform the Backfill / Foundation Inspection and setting the public hearing for February23, 2000 ................................................................................................... 25

CONSENT:

1. Approval of Raffle Application No. 785, Woodfern Home & School Association for gamesto be played on February 26, 2000 (on-premise draw) .............................................25

2. Approval of Raffle Application No. 786, St. Mary’s Byzantine Catholic Church PTA, forgames to be played on March 26, 2000 (on-premise draw) ........................................26

3. Resolution authorizing the Tax Collector to reduce said amount to listed property owner asa result of a favorable tax appeal. (Total $146.32 -- 1 Property) .................................26

4. Resolution authorizing the Tax Collector to refund said amounts to listed property ownersas a result of overpayment of real property taxes. (Total $32,426.22 -- 24 Properties) ......27

5. Resolution authorizing the Tax Collector to release the amount specified to the lienholderlisted as a result of a redemption of lien. (Total $398.72 -- 1 Property) ........................27

6. Resolution authorizing the Tax Collector to make necessary adjustments to listed propertiesas a result of disapproved Senior Citizen applications. (Total $ 10.96 -- 1 Property) .........27

RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS: .............................27• Municipal Court, December 1999• Police Department, December 1999

CLAIMS LIST: 2000-02 ....................................................................................27

BUSINESS FROM THE FLOOR FOR NEW MATTERS: .........................................27

ADJOURNMENT: ...........................................................................................30


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The Township Committee of the Township of Hillsborough met in a Regular Meetingon the above date at 8:00 PM. Those in attendance were as follows: Mayor Joseph Tricarico,Deputy Mayor Christine Jensen, Committeewoman Sonya Martin, Committeeman RobertMack, Township Attorney Emil Philibosian, Administrator John Middleton, and TownshipClerk Gail W. McKane. Absent: Committeeman John Gelardi.

Following Roll Call and Salute to the Flag, Mayor Joe Tricarico advised that notice ofthis Regular Meeting was given to the Township Clerk, posted on the bulletin board atMunicipal Complex, and written notices sent to the Messenger Gazette, Hillsborough Beaconand the Courier News. All notices were given at least 48 hours in advance, and to the extentknown, the items on the agenda.

PROCLAMATION:

Retirement of Lieutenant Peter Staats

Mayor Tricarico read the following proclamation:

WHEREAS, Lieutenant Charles P. Staats is retiring from the Hillsborough TownshipPolice Department effective February 1, 2000 after twenty-five and a half years of dedicatedservice; and

WHEREAS, Lieutenant Staats was appointed to the Hillsborough Township PoliceDepartment on September 1, 1974 and over his career has continually displayedprofessionalism and a dedication to duty that exemplifies the high standards of the Department.Officers of his quality have helped to establish the fine reputation that the HillsboroughTownship Police Department has built over its 36 years of existence; and

WHEREAS, Lieutenant Staats’ career started in the Patrol Division and in January1982 he was assigned to the Investigative Division as a detective. While serving in thiscapacity, he developed an excellent reputation throughout Somerset County for his detailed andthorough investigations. In April of 1985 he was promoted to the rank of Sergeant and wasassigned as a Shift Commander in the Patrol Division. In July of 1987 Lieutenant Staats wasreassigned to the Services Division where he took on the responsibility of Training Officer forthe Department. He served in that capacity until June of 1990 when he was promoted to therank of Lieutenant. During his ten years as Lieutenant, he served as Division Commander inall four of the Department’s Divisions and was credited with leading the Department into thecomputer age, bringing records to computer format, assisting with computer aided dispatchingand supporting personnel with word processing functions and always looking for new andinnovative ways of practicing the art of law enforcement. As an instructor at the SomersetPolice Academy he assisted with in-service and recruit training; and

WHEREAS, throughout his career, Lieutenant Staats has received numerouscommendations from the Chief of Police for his excellent service, often involving donating hisown time to departmental activities and programs. Lieutenant Staats received commandcitations in 1976 for assisting in an investigation, preparing the Department properly forinspection and for donating his time in an investigation. In 1978 he received commandcitations for his outstanding performance, in 1979 for assisting in a burglary arrest, in 1981 forhis assistance with the Department’s Police Entrance Exam, in 1983 and 1984 for his help withthe Bicycle Safety Program, in 1985 for his off-duty observations which led to an arrest of along-time burglar, in 1989 for his excellent job as TAC Officer, in 1996 for his assistance insupervising the arrest of suspects charged with 8 burglaries, in 1998 for his work during aplane crash and in 1999 for his Division solving three burglaries, for a homicide investigationand for his assistance during the flood. His personnel file is filled with numerous letters ofappreciation from citizens thanking him for a job well done.

WHEREAS, Lieutenant Staats was awarded two Medals of Merit, one forapprehension of burglars in 1981 and one for his involvement with the Adopt-A-Cop Programin 1983. In 1999, he also worked closely with Assemblyman Christopher Bateman and wasinstrumental in having legislation introduced regulating pawnshops and dealers in preciousmetals. In January of 2000, Dr. Gulick commended him for his involvement in evaluating thesafety of the Township’s schools.


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NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and TownshipCommittee that Lieutenant Charles P. Staats has been an asset to the Hillsborough TownshipPolice Department and is to be commended for his twenty-five and a half years of dedicationand service to the Township of Hillsborough and for the valuable contributions he has made toour community.

BE IT FURTHER PROCLAIMED that each member of the Township Committeethanks him for his years of dedicated service and wishes him continued success in his futureendeavors.

Members of the Township Committee congratulated Lt. Staats and wished him well.

Mayor Tricarico expressed his sadness in losing Lt. Staats and commended him for hisoutstanding service to Hillsborough Township. He commented that two officers now havepromotional opportunities as a result.

SWEARING IN OF POLICE OFFICERS:Lieutenant Paul A. KaminskySergeant Robert Flaherty

Consideration Item 1:Resolution appointing Sergeant Paul A. Kaminsky to the position of Lieutenanteffective February 1, 2000.

Mayor Tricarico introduced the matter.

Deputy Mayor Jensen offered a resolution appointing Sergeant Kaminsky to theposition of Lieutenant effective February 1, 2000. Seconded by Committeeman RobertMack.

Roll Call: Mack-yes; Martin-yes; Jensen-yes; Tricarico-yes.

Mayor Tricarico administered the oath of office to Lieutenant Kaminsky.

WHEREAS, the promotional process conducted in accordance withHillsborough Township Ordinance 93-17 to select the most suitable candidate forpromotion to the position of Lieutenant in the Hillsborough Police Department has beencompleted; and

WHEREAS, the highest rated candidate for the position was determined to beSergeant Paul A. Kaminsky; and

WHEREAS, Chief of Police Robert Gazaway has recommended theappointment of Sergeant Kaminsky to the position of Lieutenant effective January 26,2000 at an annual salary of $74,745 per the current salary of lieutenants.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of theTownship of Hillsborough, County of Somerset, State of New Jersey that therecommendation of Chief of Police Robert Gazaway be and hereby is accepted andapproved, and Sergeant Paul A. Kaminsky shall be promoted to the position ofLieutenant in the Hillsborough Police Department effective February 1, 2000.

Consideration Item 2:Resolution appointing Robert Flaherty to the position of Sergeant effective February 1,2000.


Committeeman Mack offered a resolution to appoint Robert Flaherty to the position ofSergeant effective February 1, 2000. Seconded by Committeewoman Martin.


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Mayor Tricarico administered the oath of office to Sergeant Flaherty.

WHEREAS, the promotional process conducted in accordance withHillsborough Township Ordinance 93-17 to select the most suitable candidate forpromotion to the position of Sergeant in the Hillsborough Police Department has beencompleted; and

WHEREAS, the highest rated candidate for the position was determined to beCorporal Robert Flaherty; and

WHEREAS, Chief of Police Robert Gazaway has recommended theappointment of Corporal Robert Flaherty to the position of Sergeant effective February1, 2000 at an annual salary of $63,644 per the current P.B.A. Contract.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of theTownship of Hillsborough, County of Somerset, State of New Jersey that therecommendation of Chief of Police Robert Gazaway be and hereby is accepted andapproved, and Corporal Robert Flaherty shall be promoted to the position of Sergeantin the Hillsborough Police Department effective February 1, 2000.

DISPOSITION OF MINUTES:

Closed Meeting Minutes of January 12, 2000


Deputy Mayor Jensen offered a motion to approve the Closed Meeting Minutes ofJanuary 12, 2000 and dispense with the reading of the same. Seconded byCommitteewoman Martin.


Work Meeting Minutes of January 12, 2000


Committeeman Mack offered a motion to approve the Work Meeting Minutes ofJanuary 12, 2000 and dispense with the reading of the same. Seconded byCommitteewoman Martin.


Regular Meeting Minutes of January 12, 2000

Committeewoman Martin cited a correction on page 5 in the second paragraph, the lastsentence. She explained that the sentence needed to be changed from Board ofEducation to Recreation and Parks Commissions.

Committeewoman Martin offered a motion to approve, as amended, the RegularMeeting Minutes of January 12, 2000 and dispense with the reading of the same.Seconded by Committeeman Mack.



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REPORTS FROM COMMITTEE LIAISONS:

Mayor TricaricoMayor Tricarico had nothing to report.

Deputy Mayor Jensen

Deputy Mayor Jensen thanked everyone who assisted during the fire in the HillsboroughGardens Condominium Complex the past week, including the Hillsborough Emergencypersonnel and the Department of Social Services for their rapid response and the compassionthey displayed. She reminded all residents of the ice-skating rinks, which are open at Ann VanMiddlesworth and Docherty Parks. Deputy Mayor Jensen encouraged everyone to try them.She stated that additional information is available through the web site or by contacting TomCzerniakowski, the Director of Recreation. She then extended her congratulations and bestwishes to Lt. Staats and the two newly promoted officers.

Committeeman MackCommitteeman Mack had nothing to report.

Committeewoman MartinCommitteewoman Martin discussed the role of Mary Ellen Stahley, Director of SocialServices, and Karen Sowden of the Health Department during the fire at Hillsborough GardensCondominium Complex. She expressed her relief that no lives were lost and that everyoneaffected is receiving assistance.

Committeewoman Martin remarked that the cleaning company had overlooked their scheduledquarterly clean up of the Multi-Purpose Room and the kitchen. She explained that they havebeen notified and that a comprehensive cleaning will take place. Committeewoman Martinadded that routine cleaning would occur without any impediment.

Committeewoman Martin provided the Township Committee with an overview of the SocialServices Department. She explained how invaluable the bus program is to seniors of thiscommunity. Committeewoman Martin noted that the senior bus has over 180,000 miles on itand needs to be replaced. She advised that a request had been submitted to the CapitolPlanning Committee to replace the bus, as well as a grant application to New Jersey Transit.Committeewoman Martin continued to explain some of the other services, specifically theexercise class, line dancing and the Mr. Fix-It Program. She provided a log of repairsperformed since the start of the Mr. Fix-It Program in July of 1999.

Committeewoman Martin discussed the reorganization of the Credit Card Advisory Committeeheld on January 19th. She explained that the CCAC would be reviewing grant guidelines andthat grant applications would be considered biannually. Committeewoman Martin advised thatthe CCAC determined that the first round of applications would start on February 9th. Shecommented that the Department of Social Services submitted an application for replacement of29 tables in the Multipurpose Room.

Committeewoman Martin announced the Recreation Commission is sponsoring a performanceby the Belle Mead Ballet Company. She explained that tickets could be obtained by contactingthe Recreation Department.

Committeewoman Martin reported that on January 17th, the Hillsborough Neighbors of Colorsponsored a luncheon in honor of Dr. Martin Luther King. Committeewoman Martin advisedthat Mary Ellen Stahley, Director of Social Services, received a donation for flood victims atthe luncheon.

Committeewoman Martin explained that a bill was passed by the Governor which wouldreimburse individuals affected by Hurricane Floyd for sales tax paid on home repairs andpurchases to replace motor vehicle, household goods and appliances destroyed by flood waters.She requested that this information be placed on the web site and in the next TownshipNewsletter.


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NEW BUSINESS FROM TOWNSHIP COMMITTEE:

Mayor TricaricoMayor Tricarico echoed the compliment to Emergency Services Personnel. He added that theyare usually taken for granted until a time of need.

Deputy Mayor JensenDeputy Mayor Jensen had no new business.

Committeeman MackCommitteeman Mack had no new business.

Committeewoman MartinCommitteewoman Martin had no new business.

BUSINESS FROM THE FLOOR FOR ITEMS ON THE AGENDA:

Mayor Tricarico asked if there were any questions regarding items on the agenda. Heexplained that additional questions would also be addressed while moving through the agenda.

Art Zander, South Branch Road, questioned Consideration Item 3. He asked who would becharged with monitoring the use of the timing system and its care. Mr. Zander expressedconcern that other individuals or groups would have access to the equipment.

Mayor Tricarico stated that the timing system is being purchased for the Hillsborough YMCASwim Team Parents Organization and was not concerned if additional persons made use of theequipment while at the YMCA.

Deputy Mayor Jensen pointed out that the monies used for the equipment were from a CreditCard Grant.

Committeewoman Martin explained that there was no possible way to monitor the use of all theitems acquired by Credit Card Grants and whether or not the items were used for the originalpurpose would have to be on good faith. She stated that the only other option was to deny theapplications, which would be denying the citizens.

Mayor Tricarico stressed that by removing the responsibility of determining the recipients ofthe credit card money from the Township Committee and placing it in the hands of a group ofcitizens, the process was legitimized.

Mr. Zander asserted that he thought the grant monies should be used for other organizations,and not for the YMCA which has a religious affiliation. He also commented that with theamount of money the Board of Education received from taxes, school-based activities shouldnot qualify for these grant monies.

Mr. Zander questioned Consideration Item 6, which was the resolution to establish salaries andwages for Township Employees. He felt it should be an ordinance.

Administrator Middleton explained that there is a salary range ordinance that establishes therange of salary for a position and the actual salary is set by resolution within those ranges.

Mayor Tricarico asked if there were any other questions regarding the agenda, and restatedthat everyone should feel free to ask questions while the agenda was being discussed.


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CONSIDERATION:

Consideration Item 3:Resolution approving 1999 grant disbursement recommendations of the Credit CardAdvisory Committee.

Mayor Tricarico introduced the matter. He reviewed the recommendations of theCredit Card Advisory Committee. Mayor Tricarico thanked them for their hard workand complimented them for a good job.

Committeewoman Martin explained that three applications had been rejected. Shereiterated that the next round of applications would start February 9th for any membersof the community that wished to apply.

Deputy Mayor Jensen offered a motion approving 1999 grant disbursementrecommendations of the Credit Card Advisory Committee. Seconded byCommitteewoman Martin.

Roll Call: Mack-yes; Martin-yes; Jensen-yes; Tricarico-abstain

WHEREAS, the Township Committee established a Credit Card Advisory Committeefor the purpose of reviewing applications for Affinity Credit Card Grants and makingrecommendation regarding same; and

WHEREAS, the Credit Card Advisory Committee has reviewed twelve applicationsand made the following recommendations:

Recommended for Acceptance:

A. Cash Disbursements

#99-1 Hillsborough Senior Citizens Chapter A $ 5,000 Support 25th Anniversary

#99-2 Hillsborough Senior Citizens Chapter B $ 5,000 Support various programs

#99-3 Hillsborough Craft Club for Seniors $ 200 Purchase materials for handmade items

B. Purchase Materials

#99-4 Hillsborough Little League $ 5,000 Purchase air dryer oven

#99-5 Boy Scout Troop #89 $ 5,000Purchase trailer for campouts w/equipment

#99-6 Hillsborough High School Model $ 2,118Congress/UNPurchase laptop computer w/printer

#99-7 Hillsborough High School Robo Raiders $ 5,000Purchase miscellaneous items for robot

#99-8 Somerset Valley YMCA at Hillsborough $ 4,625Swim Team Parents OrganizationPurchase electronic timing system

TOTAL $31,943


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Recommended for Rejection

#99-10 Hillsborough Senior Citizens Chapter A $ 549Wireless microphone system

Note: Maximum allowed is $5,000 per organization(See Item #99-1) Refer to Guidelines 1.3

#99-11 Hillsborough Science Coalition $ 500Support annual 5th grade Super SaturdayScience Convention

Note: Items submitted have no material value. Moneyrequested is for expenses. Refer to Guidelines 1.2

#99-12 Somerset Valley YMCA at Hillsborough $ 4,949Portable bleachers

Note: Maximum allowed is $5,000 per organization.(See Item #99-8) Refer to Guidelines 1.3

TOTAL $ 5,998; and

WHEREAS, the Chief Financial Officer has certified as to the availability of funds.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of theTownship of Hillsborough, County of Somerset, State of New Jersey that the Credit CardAdvisory Committee’s recommendations are accepted and approved.

Consideration Item 4:Resolution accepting a grant extension from February 1, 1999 through January 31,2000 in the amount of $60,000 from the New Jersey Safe and Secure CommunitiesProgram


Deputy Mayor Jensen offered a motion accepting the grant. Seconded byCommitteewoman Martin.

Roll Call: Mack-yes; Martin-yes; Jensen-yes; Tricarico-yes

WHEREAS, the Hillsborough Township Police Department wishes to apply forfunding a project under the Safe and Secure Communities and,

WHEREAS, the Hillsborough Township Committee has reviewed the accompanyingApplication and has approved said request, and

WHEREAS the project is a joint effort between the Department of Law and PublicSafety and Hillsborough Township Police Department for the purpose described in theapplication;

THEREFORE, BE IT RESOLVED by the Hillsborough Township Committee that:

1) As a matter of public policy Hillsborough Township Police wishes to participate tothe fullest extent possible with the Department of Law and Public Safety.

2) The Attorney General will receive funds on behalf of the applicant.

3) The Division of Criminal Justice shall be responsible for the receipt and review ofthe applications for the said funds.

4) The Division of Criminal Justice shall initiate allocations to each applicant asauthorized.


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Consideration Item 5:Resolution authorizing the cancellation of unexpended and dedicated balances of theGeneral Capital Appropriations


Committeewoman Martin offered a motion approving the cancellation. Seconded byDeputy Mayor Jensen


WHEREAS, certain General Capital Improvement appropriation balances remaindedicated to projects now completed; and

WHEREAS, it is now necessary to formally cancel said balances so that theunexpended balances may be returned to each respective Capital Improvement Fund or creditedto Fund Balance, and unused debt authorizations may be canceled;

NOW THEREFORE, BE IT RESOLVED, by the Township Committee of theTownship of Hillsborough, that the following unexpended and dedicated balances of theGeneral Capital Appropriations be canceled:

ORD. DATE PROJECT AMOUNT FUNDNO. AUTH. DESCRIPTION CANCELED CREDITED

92-14 8/25/92 Somerset Expressway $69,617.00 CIF98-32 9/8/98 Traffic Signal $11,893.50 Fund Balance

Consideration Item 6:Resolution establishing the annual salaries and wages for the Municipal Attorney($65,000), Municipal Prosecutors ($20,500 ea.) and Public Defender ($6,000).


Committeewoman Martin moved to adopt. Seconded by Committeeman Mack.


BE IT RESOLVED, by the Township Committee of the Township of Hillsboroughthat the salaries of the following employees are listed below for the year 2000 retroactive toJanuary 1, 2000 unless otherwise specified.

NAME POSITION SALARY Emil H. Philibosian Township Attorney $65,000.00

Edward Shamy Municipal Prosecutor $20,500.00

Robert Smith Municipal Prosecutor $20,500.00

John Charles Shamy Public Defender $6,000.00

Consideration Item 7:Resolution authorizing the execution of a Professional Services contract with EmilPhilibosian, Esq. as Township Attorney at an annual salary of $65,000, salary andretainer not to exceed $100,000


Deputy Mayor Jensen moved to adopt. Seconded by Committeewoman Martin.



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WHEREAS, there exists a need for a Township Attorney for issues arising fromclaims against the Township and funds are available and have been certified by the localfinance officer, said certification being attached to the resolution; and

WHEREAS, the Township Administrator has recommended the award of contract for“Professional Services” be made to Emil H. Philibosian, Esq. 1368 How Lane, Suite 200,North Brunswick, NJ; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires thatthe resolution authorizing the award of contracts for “Professional Services” withoutcompetitive bid must be publicly advertised.

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

1. The Mayor and Clerk are hereby authorized to execute the attached agreement withEmil H. Philibosian with regards to Township Attorney services to be performed atan annual salary of $65,000 and billing at an hourly rate of $110.00, up to amaximum of $100,000.00, including salary.

2. This contract is awarded without competitive bidding as a “Professional Service” inaccordance with N.J.S.A. 40A:11-5(1)a of the Local Public Contracts Law becausethese services will be performed by a person authorized by law to practice arecognized profession, whose practice is regulated by law, the performance ofwhich service requires knowledge of an advance type in a field of learning acquiredby a prolonged formal course of specialized instructions as distinguished fromgeneral academic instruction or apprenticeship and training.

3. The Mayor and Township Clerk are hereby authorized to execute the Township’sstandard form of agreement attached hereto and made a part hereof for“Professional Services” and any modifications thereto and related constituentdocuments as may be found acceptable by the Township Committee.

4. A notice of this action shall be printed once in the official Township newspaper.

Consideration Item 8:Resolution authorizing the execution of a Professional Services contract with Frank N.Yurasko, Esq. for litigation services at a rate of $135 per hour, not to exceed $26,000.


Committeeman Mack moved to adopt. Seconded by Committeewoman Martin.


WHEREAS, there exists a need for litigation counsel for specific issues arising fromclaims against the Township and funds are available and have been certified by the localfinance officer, said certification being attached to the resolution; and

WHEREAS, the Township Administrator has recommended the award of contract for“Professional Services” be made to Frank N. Yurasko, Esq., 139 West End Avenue,Somerville, N. J.; and



1. The Mayor and Clerk are hereby authorized to execute the attachedagreement with Frank N. Yurasko with regards to specific litigationservices to be performed at an hourly rate of $135.00, up to a maximum of$26,000.00.

2. This contract is awarded without competitive bidding as a “ProfessionalService” in accordance with N.J.S.A. 40A:11-5(1)a of the Local PublicContracts Law because these services will be performed by a person


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authorized by law to practice a recognized profession, whose practice isregulated by law, the performance of which service requires knowledge ofan advance type in a field of learning acquired by a prolonged formalcourse of specialized instructions as distinguished from general academicinstruction or apprenticeship and training.

3. The Mayor and Township Clerk are hereby authorized to execute theTownship’s standard form of agreement attached hereto and made a parthereof for “Professional Services” and any modifications thereto andrelated constituent documents as may be found acceptable by the TownshipCommittee.

4. A notice of this action shall be printed once in the official Townshipnewspaper.

Consideration Item 9:Resolution authorizing the execution of a Professional Services contract with EdwardA. Halpern, Esq. for legal services at a rate of $110 per hour, not to exceed $11,000.


Deputy Mayor Jensen motioned to accept. Seconded unanimously byCommitteewoman Martin and Committeeman Mack.


WHEREAS, there exists a need for specific legal services for issues concerning theTownship and funds are available and have been certified by the local finance officer, saidcertification being attached to the resolution; and

WHEREAS, the Township Administrator has recommended the award of contract for“Professional Services” be made to Edward A. Halpern, 306 Omni Drive, Route 206 South,Somerville, NJ; and



1. The Mayor and Clerk are hereby authorized to execute the attached agreement withEdward A. Halpern with regards to specific legal services to be performed at anhourly rate of $110.00, up to a maximum of $11,000.00.





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Consideration Item 10:Resolution authorizing the execution of a Professional Services contract with ArthurSkaar, Esq. as primary litigation counsel at a rate of $110 per hour, not to exceed$22,000.


Committeewoman Martin moved to adopt. Seconded by Deputy Mayor Jensen.


WHEREAS, there exists a need for a primary litigation counsel for specific issuesarising from claims against the Township and funds are available and have been certified by thelocal finance officer, said certification being attached to the resolution; and

WHEREAS, the Township Administrator has recommended the award of contract for“Professional Services” be made to Arthur Skaar, Esq., 425 Amwell Road, Belle Mead, N. J.;and



1. The Mayor and Clerk are hereby authorized to execute the attached agreement withArthur Skaar as primary litigation counsel at an hourly rate of $110.00, up to amaximum of $22,000.00.




Consideration Item 11:Resolution authorizing the execution of a Professional Services contract with BrianCige, Esq. for legal services at a rate of $110 per hour, not to exceed $22,000.


Deputy Mayor moved to adopt. Seconded by Committeewoman Martin.


WHEREAS, there exists a need for specific legal services for issues concerning theTownship and funds are available and have been certified by the local finance officer, saidcertification being attached to the resolution; and

WHEREAS, the Township Administrator has recommended the award of contract for“Professional Services” be made to Brian Cige, Esq., 7 East High Street, Somerville, NJ; and



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1. The Mayor and Clerk are hereby authorized to execute the attached agreement withBrian Cige with regards to specific legal services to be performed at an hourly rateof $110.00, up to a maximum of $22,000.00.




Consideration Item 12:Resolution awarding Contract 2000-06, "Woodfern Park Recreation Complex-PhaseA," to Fischer Contracting, Inc. for an amount not to exceed $375,258.




WHEREAS, the Township Engineer Frank Scarantino has determined that there is aneed for the acquisition of the following:

Woodfern Park Recreation Complex – Phase A (Earthworks); and

WHEREAS, a notice of advertisement for bids and an Invitation to Bid were preparedand advertised on December 15, 1999; and

WHEREAS, sealed bids were opened and read on January 11, 2000, in theHillsborough Municipal Complex at the time and place provided for in the Invitation to Bidentitled “Woodfern Park Recreation Complex – Phase A (Earthworks)” in accordance with theLocal Public Contracts Law; and

WHEREAS, the four low bidders for Woodfern Park Recreation Complex – Phase A(Earthworks) are as follows:

1. Fischer Contracting, Inc. $375,258.002. PHA Inc. $379,480.003. Ranchlands Inc. $399,000.004. CVI $402,708.00

WHEREAS, the Township Engineer Frank Scarantino has reviewed the bids andrecommended the award of contract to Fischer Contracting, Inc., as the lowest responsiblebidder for Woodfern Park Recreation Complex – Phase A (Earthworks) at a price not toexceed $375,258.00; and

WHEREAS, the Township Attorney has reviewed the bid proposal of FischerContracting, Inc., and declares it to be in conformance with the Local Public Contracts Lawand the Township Instructions to Bidders; and

WHEREAS, a certification of availability of funds shall be made in connection witheach purchase order in accordance with N.J.A.C. 5:34-5.3(b)(2).


January 26, 2000

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1. An award of contract for “Woodfern Park Recreation Complex – Phase A(Earthworks)” is hereby made to Fischer Contracting, Inc. as the lowestresponsible bidder at a price not to exceed $375,258.00.

2. The Mayor and the Municipal Clerk are hereby authorized to execute the Township

standard form of agreement, attached hereto and made a part hereof, for goods,products and services and any modifications thereto related constituent documentsas may be found acceptable by the Township Committee.

Consideration Item 13:Resolution authorizing an Interlocal Services Agreement with Branchburg Townshipfor Child Health Conference Services, in the amount of $50 per child with an estimatedtotal of $1,000.


Committeewoman Martin moved to adopt. Seconded by Committeeman Mack.


WHEREAS, N.J.S.A. 40:8A, the Interlocal Services Act authorized any local unit toenter into a contract with another local unit for the joint provision within their severaljurisdictions of any services which any party to the agreement is empowered to render withinit’s own jurisdiction; and

WHEREAS, the Township of Branchburg has requested that the Township ofHillsborough Health Department provide Child Health Conference Services (CHC) for theTownship of Branchburg; and

WHEREAS, the Township of Hillsborough is agreeable to provide such CHC servicesin accordance with the terms and conditions of a certain Agreement to be executed which isattached hereto and which is available for public inspection at the office of the MunicipalClerk, 555 Amwell Road, Neshanic, NJ 08853.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of theTownship of Hillsborough, County of Somerset, State of New Jersey that it hereby authorizesit’s appropriate government officials to enter into and execute the attached Agreement betweenthe Township of Branchburg and the Township of Hillsborough pursuant to N.J.S.A. 40:8Awherein the Township of Hillsborough shall provide certain Child Health Conference HealthServices to the Township of Branchburg.

Consideration Item 14:Resolution authorizing the execution of a contract with St. Hubert's Giralda AnimalWardening Services for 2000 in the amount of $30,000.


Deputy Mayor Jensen moved to adopt. Seconded by Committeeman Mack.


WHEREAS, the Township of Hillsborough wishes to enter into an agreement with theSomerset County Humane Society/St. Hubert’s Giralda Animal Welfare and Education Centerto annually provide wardening services for the Township; and

WHEREAS, the Township Attorney has reviewed the contract for 2000 services andfinds satisfactory; and


January 26, 2000

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WHEREAS, said contract may be awarded in accordance with N.J.S.A. 40:48-5.1which permits a waiver of the bid requirements contained in the Local Public Contract Law;and

WHEREAS, a certification from the Chief Financial Officer showing availability offunds has been provided in accordance with New Jersey law and is attached hereto andincorporated herein and such certification together with this resolution is herewith certified bythe Township Attorney as complying with New Jersey law.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of theTownship of Hillsborough as follows;

1. The Contract for the services of Animal Warden is hereby awarded to SomersetCounty Humane Society/St. Hubert’s Giralda Animal Welfare and EducationCenter for 2000, in the amount of $30,000.00.

2. The appropriate Municipal Officials be and hereby are directed to proceed with the

execution of the amended contract between the Township of Hillsborough and theSomerset County Humane Society/St. Hubert’s Giralda Animal Welfare andEducation Center.

Consideration Item 15:Resolution permitting the Somerset County Division of Solid Waste Management to usethe Township's Park & Ride facility on April 15, 2000, for their annual compost binsale.




WHEREAS, the Somerset County Division of Solid Waste Management has expresseda desire to use the Hillsborough Township Park & Ride facility on Amwell Road for the sale ofcompost bins; and

WHEREAS, such sale would take place on April 15, 2000 between the hours of 8:30AM and 1:00 PM; and

WHEREAS, Township Engineer Frank Scarantino certifies that this location is morethan large enough to handle the distribution truck and associated traffic; and

WHEREAS, the Hillsborough Township Committee feels that this location isconvenient to Hillsborough residents who wish to purchase Somerset County’s compost bins.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of theTownship of Hillsborough, County of Somerset, State of New Jersey that it hereby authorizesthe following:

1) The request by the Somerset County Division of Solid Waste Management for useof the Hillsborough Township Park & Ride facility on Amwell Road, for the saleof compost bins, to be held on April 15, 2000 between the hours of 8:30 AM and1:00 PM is hereby accepted and approved

2) Somerset County Division of Solid Waste Management shall provide the Townshipwith a certificate of general liability insurance in the amount of $2,000,000.00aggregate naming the Township of Hillsborough as an added insured

3) Somerset County Division of Solid Waste Management agrees to indemnify andhold the Township of Hillsborough harmless from any and all liability arising outof the use of the Park & Ride facility on Amwell Road


January 26, 2000

17

Consideration Item 16:Resolution regarding a request from Country Classics for the acceptance of project,public roads and Maintenance Bond No. KOG12-00020-SUB and release ofperformance bonds for The Paddocks -- Phase I.


Deputy Mayor Jensen moved to adopt. Seconded by Committeewoman Martin andCommitteeman Mack unanimously.


WHEREAS, a request has been received from Country Classics, Inc. for theacceptance of The Paddocks Phase I; and

WHEREAS, Township Engineer Frank Scarantino has certified the following:

1. Survey Monumentation Certification is on file

2. As-built Record Mylars

3. All site improvement punchlist items have been addressed

4. Maintenance Bond No. KOG12-000020-SUB from Mountbatten SuretyCompany in the amount of $382,743.00 has been reviewed and theamount, project work description and term of bond are acceptable

WHEREAS, Township Attorney Edward Halpern has reviewed Maintenance BondNo. KOG12-000020-SUB and finds it acceptable; and

WHEREAS, Township Engineer Frank Scarantino recommends that the TownshipCommittee take action on the following:

1. Accept Maintenance Bond No. KOG12-000020-SUBfrom MountbattenSurety Company in the amount of $382,743.00

2. Acceptance of the Project including acceptance of the following into thePublic Roadway System:

(a) Horseshoe Drive in its entirety, approximately 3,000 L.F.

(b) Amsterdam Drive to the Phase Limit, approximately 2,400 L.F.

(c) Hillsborough Road (realigned to intersect with Amsterdam Drive)approximately 300 L.F.

3. Acceptance of Lot 58 in Block 205.11 containing 7.136 acres into thePublic Detention Basin System

4. Release of Performance Bond No. KOG12-000020-SUB in its entirety andrelease of $194,606.00 cash principal plus any applicable portion ofaccrued interest

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

Consideration Item 17:Resolution regarding a request from Country Classics for the acceptance of project,public roads and Maintenance Bond No. KOG12-000043-SD and release ofperformance bonds for The Paddocks -- Phase II.





January 26, 2000

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WHEREAS, a request has been received from Country Classics, Inc. for theacceptance of The Paddocks Phase II; and

WHEREAS, Township Engineer Frank Scarantino has certified the following:

1. Survey Monumentation Certification is on file

2. As-built Record Mylars

3. All site improvement punchlist items have been addressed

4. Maintenance Bond No. KOG12-000043-SD from Mountbatten SuretyCompany in the amount of $126,067.00 has been reviewed and theamount, project work description and term of bond are acceptable

WHEREAS, Township Attorney Edward Halpern has reviewed Maintenance BondNo. KOG12-000043-SD and finds it acceptable; and

WHEREAS, Township Engineer Frank Scarantino recommends that the TownshipCommittee take action on the following:

1. Accept Maintenance Bond No. KOG12-000043-SD from MountbattenSurety Company in the amount of $126,067.00

2. Acceptance of the Project including acceptance of the following into thePublic Roadway System:

(d) D’Altrui Drive in its entirety, approximately 2,100 L.F.

(e) Trotter Court in its entirety, approximately 350 L.F.

3. Release of Performance Bond No. KOG12-000043-SD in its entirety andrelease of $60,140.00 cash principal plus any applicable portion ofaccrued interest

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

Consideration Item 18:Resolution accepting Maintenance Bond A10-40-54-00M in the amount of $8,556.42from Solar-Mite Electrical Contractors, Inc., for Project 99-02, "Signalization of theRaider Boulevard / Homestead Road Intersection."


Committeeman Mack moved to adopt. Seconded by Deputy Mayor Jensen.


WHEREAS, on January 12, 2000 the Township Committee took action to accept theproject known as “Signalization of the Homestead Road/Raider Boulevard Intersection”completed by Solar Mite Electrical Contractors, Inc.; and

WHEREAS, at that time, $1,711.28 was retained as a maintenance guarantee; and

WHEREAS, Solar Mite Electrical Contractors has since submitted Maintenance Bond#A10-40-54-00M from Atlantic Alliance Fidelity and Surety Company in the amount of$8,556.42; and

WHEREAS, Township Engineer Frank Scarantino has reviewed the bond and findsthe amount, project description and term of bond acceptable; and

WHEREAS, Township Attorney Emil Philibosian has reviewed Maintenance Bond#A10-40-54-00M from Atlantic Alliance Fidelity and Surety Company and finds it acceptable;and


January 26, 2000

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WHEREAS, Township Engineer Frank Scarantino recommends the TownshipCommittee take action to accept Maintenance Bond #A10-40-54-00M from Atlantic AllianceFidelity and Surety Company and release the $1,711.28 cash retainer to Solar Mite ElectricalContractors, Inc.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of theTownship of Hillsborough that the recommendation of Township Engineer Frank Scarantino beand hereby is accepted and approved.

Consideration Item 19:Introduction of Ordinance 2000-02 amending and supplementing Part I, Chapter 10,Article III Municipal Prosecutor of the Code of the Township of Hillsborough, in theCounty of Somerset, New Jersey and setting the public hearing for February 23, 2000.




WHEREAS, the Committee of the Township of Hillsborough now desires to Amendand Supplement specific provisions with regard to the Office of the Municipal Prosecutor underSections 10-13 through 10-18 of the Township of Hillsborough Code;

WHEREAS, the Committee of the Township of Hillsborough has determined that it isdesirable to increase the number of Municipal Prosecutors from one to two. This Ordinancecreates the position of Municipal Prosecutor and First Assistant Municipal Prosecutor for theTownship of Hillsborough.

NOW, THEREFORE, BE IT ORDAINED by the Township of Hillsborough, Countyof Somerset, New Jersey, that Part 1, Chapter 10, Municipal Court of the Township ofHillsborough Code is hereby amended and supplemented as follows: 1

I. Article III of the Township of Hillsborough Code is hereby amended andsupplemented as follows:

Article IIIMunicipal Prosecutor

10-13. Office established.

There is hereby created and established in and for the Township of Hillsborough, the[position] office of the Municipal Prosecutor. The office shall be comprised of the positions ofMunicipal Prosecutor and First Assistant Municipal Prosecutor.

10-14. Eligibility.

The Municipal Prosecutor and First Assistant Municipal Prosecutor shall, as a condition ofeligibility for appointment and for continuation in office, be a resident of this State and anattorney-at-law admitted to practice in this State.

10-15. Duties and responsibilities.

The Municipal Prosecutor or First Assistant Municipal Prosecutor shall attend all hearingsin the Municipal Court of the township, at which hearing said Municipal Prosecutor or FirstAssistant Municipal Prosecutor shall serve on behalf of the township as Prosecutor and shallrepresent the township in any matter within the jurisdiction of said Municipal Court. Pursuantto P.L. 1996, c. 95, Section 14, the [Township] Municipal Prosecutor or First AssistantMunicipal Prosecutor, under the supervision of the Attorney General or County Prosecutormay represent the state, county or township in any matter within the jurisdiction of theHillsborough Township Municipal Court. Where the [Township] Municipal Prosecutor [is] or

1 Any addition shall be underlined; and any deletion shall be in [brackets].


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First Assistant Municipal Prosecutor are unable to serve as Prosecutor with respect to aparticular matter or in particular cases where special reasons such as experience in a particularlegal area so warrant, the Township Committee may employ another attorney, including, butnot limited to, the Township Attorney, to serve as [Township] Municipal Prosecutor in theHillsborough Township Municipal Court.

10-16. Appointment and term of office.

The Municipal Prosecutor and First Assistant Municipal Prosecutor [of the MunicipalCourt] shall be appointed by the Mayor with the advice and consent of the TownshipCommittee. The term of office of the Municipal Prosecutor and First Assistant MunicipalProsecutor shall be one (1) year commencing on January 1 and ending on December 31, of theyear concluding the aforesaid one (1) year term and to continue in such offices until his/hersuccessor(s) is or are appointed and qualified.

10-17. Compensation.

The Municipal Prosecutor and First Assistant Municipal Prosecutor shall receive suchcompensation as is limited by the Salary Ordinance as set by resolution, as [both] may beamended from time to time.

10-18. Vacancy.

Any appointment to fill a vacancy in the position of Municipal Prosecutor or First AssistantMunicipal Prosecutor shall be for the unexpired term only.

II. This Ordinance shall take effect upon its adoption, passage and publication accordingto law.

Consideration 20Introduction of Ordinance 2000-03 amending and supplementing Part I, Chapter 31,Article X Township Attorney, Article XA Corporation Counsel and Article XBGeneral Litigation Counsel.


Mayor Tricarico asked Attorney Philibosian to explain this resolution.

Attorney Philibosian explained the prior arrangement and the proposed changes. Hestated that two salaried positions had previously served Hillsborough, an attorney orcorporation council as well as a litigation council. Attorney Philibosian noted that uponreflection, the Township Committee directed him, in the interest of saving money, to combinethe two positions into one and use special council on an as needed basis.

Deputy Mayor Jensen moved to adopt. Seconded by Committeewoman Martin.


WHEREAS, the Committee of the Township of Hillsborough now desire to Amendand Supplement specific provisions with regard to the Office of the Township Attorney underSections 31-56 through 31-68 of the Township of Hillsborough Code;

WHEREAS, the Committee of the Township of Hillsborough have determined that itis desirable to consolidate to the offices of corporation counsel and general litigation counselinto the Office of the Township Attorney and to create the position of Special Counsel. TheCommittee agrees these changes will streamline the Office of the Township Attorney andprovide a more coherent representation of the Township’s interests.


January 26, 2000

21

NOW, THEREFORE, BE IT ORDAINED by the Township of Hillsborough, Countyof Somerset, New Jersey, that Part 1, Chapter 31, Officers and Employees, of the Township ofHillsborough Code is hereby amended and supplemented as follows: 2

I. Article X of the Township of Hillsborough Code is hereby amended and supplementedas follows:

ARTICLE XTownship Attorney

§ 31-56. Office established.

Pursuant to N.J.S.A. [43A:3-139] 40A:9-139, there is hereby created and establishedin and for the Township of Hillsborough, the office of Township Attorney. The duties andresponsibilities of Township Attorney shall be handled by [a Corporation Counsel] theTownship Attorney and [a general litigation counsel] any Special Counsel, as appointed, bothof whom shall be [considered]deemed the [Township Attorney for] legal representative of the Township of Hillsborough.

II. Article XA of the Township of Hillsborough Code is hereby amended andsupplemented as follows:[ARTICLE XA][Corporation Counsel]

§ 31-57. Position established.

The Township Attorney’s [There is hereby established the position of CorporationCounsel whose] responsibilities shall involve the day-to-day [non-litigation] legal affairs of theTownship and general litigation services to the Township.

§ 31-58. Eligibility.

The Township Attorney [designated as Corporation Counsel], shall, as a condition ofeligibility for appointment and for continuation in office, be licensed to practice law in the Stateof New Jersey.

§ 31-59. Duties and responsibilities.

The Township Attorney [Corporation Counsel] shall be responsible for handling all ofthe day-to-day legal affairs of the Township, [other than litigation] and general litigationservices on behalf of the Township. Said duties and responsibilities shall include, but not belimited to the following:

A. Provide legal counsel to the Township Committee.B. Provide legal counsel to all other boards and committees of the township not

having its own attorney.C. Provide legal advice and counsel to the Township Administrator, Township

Clerk, department heads and other officers of the township.D. Attend all public meetings of the Township Committee, as well as work

sessions where directed by the Township Committee.E. Attend to the day-to-day legal affairs of the township.F. Prepare and/or review all ordinances and resolutions as directed by the

Township Committee [or the Township Administrator].G. [On certain occasions, handle litigation matters for the township where directed

by the Township Committee or where General Litigation Counsel may have aconflict of interest.] Defend all judicial and administrative proceedings broughtagainst the township, its boards and members, its officials and employees.

H. Prosecute all judicial and administrative proceedings brought on behalf of thetownship.

2 Any addition shall be underlined; and any deletion shall be in [brackets].


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22

I. Review litigation filed against the township or litigation which the townshipmay be interested in pursuing and making recommendations regarding same.

J. Appear before the Township Committee to discuss litigation matters as theTownship Committee may direct.

K. Prepare or draft legal instruments; prepare draft and approve as to form andsufficiency all legal documents, instruments, contracts and deeds to which thetownship is a party, including such instruments and agreements with othermunicipalities, and approve also as to form all bonds required to be submittedto the township.

L. Bid openings; attend and advise the committee or any designated officer of thetownship in the opening and awarding of public bids.

M. Additional attorneys and technical assistants: supervise and direct the work ofsuch additional attorneys, special counsel and counsel(s) and technical andprofessional assistants as the committee may authorize for special or regularemployment in the Office of Township Attorney.

N. Tax appeals: represent the township in all tax appeals.O. Bonding ordinances: perform all of the required legal services in the

preparation, submission and adoption of bonding ordinances authorized by thecommittee in accordance with the applicable New Jersey statutes and assist andfurnish all the necessary information to any special counsel hired for purposesof a particular bond issue.

P. Real estate acquisitions: perform all the necessary legal services in connectionwith all real estate acquisitions involving the township.

Q. Make reports:1. Immediate Report of Decision. Immediately report to the administrator

and committee the outcome of any litigation in which the township has aninterest.

2. Annual Report of Pending Litigation. Make an annual report to theadministrator and committee, by the first regular meeting of the year, or allpending litigation in which the township has an interest and the conditionthereof.

R. Keep records:1. Litigation. Keep a complete record of all litigation in which the township

had or has an interest, giving the names of the parties, the court wherebrought, the nature of the action, the disposition of the case or itscondition, if pending, and the briefs of counsel.

2. Opinions and Titles. Keep a complete record of all written opinionsfurnished by him or her and of all certificates or abstracts of title furnishedby him or her to the township or any department or official thereof.

S. Approval of deeds and contracts:No warrant shall be issued for the payment of any money from the townshiptreasury in any matter where a deed is necessary or under any contract towhich the township is a party, unless the township attorney shall have endorsedthereon, in writing, his or her approval as to form and legality, together with astatement of any liens or encumbrances affecting the transaction.

T. Limitation on power to compromise:The Township Attorney shall not, without approval of the governing body, beempowered to compromise, settle or adjust any rights, claims, demands orcauses of action in favor of or against the township, nor to permit, offer orconfess judgment against the township, nor to accept any offer or judgment infavor of the township, provided that this section shall not operate to limit orabridge the discretion of the township attorney in regard to the proper conductof the trial of any action or proceeding or deprive him or her of the powers andprivileges ordinarily exercised in judicial proceedings by counsel acting forprivate clients.

U. Special Counsel.The Township Attorney is authorized, with the prior approval of the governingbody and within the available appropriations, to employ such additional counselincluding appointment of Special Counsel as provided herein to aid in the trialor argument of such causes or proceedings of importance in which thetownship may be a party or be interested, as he or she may deem necessary.

V. Perform such other duties and responsibilities, as the Township Committee[and] or Township Administrator may deem appropriate.


January 26, 2000

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§ 31-60. Compensation.

The Township Attorney [Corporation Counsel] shall receive such compensation as islimited by the Salary Range Ordinance and set by resolution as both may be amended fromtime-to-time and as otherwise may be negotiated in an award of contract to such TownshipAttorney [Corporation Counsel].

All work performed by the Township Attorney outside the scope and spirit of theabove-mentioned services, including but not limited to services as counsel in litigation,administrative or condemnation proceedings, except as provided in §31-59, shall be paid for bythe municipality upon the submission of reasonable bills for such services performed,supported by the pertinent vouchers. All such nonsalaried services, prior to undertaking by theTownship Attorney, shall require approval by the governing body authorizing such services.

§ 31-61. Appointment and term of office.

The Township Attorney [designated as Corporation Counsel] shall be appointed by theTownship Committee. The term of office shall be for one (1) year.

§ 31-62. Removal from office.

The Township Committee may remove the [Corporation Counsel] Township Attorneyfor good cause by a majority vote of all of its members. A reasonable period of notification,not less than ninety (90) days, shall be given by the Township Clerk or by the [CorporationCounsel] Township Attorney with respect to any termination of employment. The period ofnotification may be less upon mutual agreement of the Township Committee and TownshipAttorney. [Corporation Counsel.]

Upon the expiration of his or her term of office or his or her resignation or removaltherefrom, the Township Attorney shall surrender forthwith, to the several township officerscharged with the custody thereof, all deeds, leases, conveyances, obligations, bonds, contracts,agreements, reports and all other papers in his or her hands belonging to the Township andshall deliver to his or her successor in office all legal papers and documents relating to thebusiness of the township, together with a written consent of substitution of his or her successorin all actions then pending and undetermined in which the Township is a party.

III. ARTICLE XB of the Township of Hillsborough Code is hereby amended andsupplemented as follows:

ARTICLE X[B]A[General Litigation] Special Counsel

§ 31-63. Position established.

There is hereby established the position of [General Litigation] Special Counsel whoseresponsibilities shall conform with their appointment and § 31.65. [shall involve the providingof general litigation services to the township.]

§ 31-64. Eligibility.

Any [The Township Attorney designated as General Litigation] Special Counsel, shall,as a condition of eligibility for appointment and for continuation in office, be licensed topractice law in the State of New Jersey.

§ 31-65. Duties and responsibilities.

[the existing body of §31.65 is hereby deleted].

A. Provide legal counsel to the Township Committee.B. Provide legal counsel to all other boards and committees of the township not

having its own attorney.C. Provide legal advice and counsel to the Township Administrator, Township

Clerk, department heads and other officers of the township.


January 26, 2000

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D. Attend all public meetings of the Township Committee, as well as worksessions where directed by the Township Committee.

E. Appear before the Township Committee to discuss litigation matters as theTownship Committee may direct.

F. Prepare or draft legal instruments; prepare draft and approve as to form andsufficiency all legal documents, instruments, contracts and deeds to which thetownship is a party, including such instruments and agreements with othermunicipalities, and approve also as to form all bonds required to be submittedto the township.

G. Make reports:1. Immediate Report of Decision. Immediately report to the administrator

and committee the outcome of any litigation in which the township hasan interest.

2. Annual Report of Pending Litigation. Make an annual report to theadministrator and committee, by the first regular meeting of the year, orall pending litigation in which the township has an interest and thecondition thereof.

H. Keep Records:1. Litigation. Keep a complete record of all litigation in which thetownship had or has an interest, giving the names of the parties, the courtwhere brought, the nature of the action, the disposition of the case or itscondition, if pending, and the briefs of counsel.2. Opinions and Titles. Keep a complete record of all written opinionsfurnished by him or her and of all certificates or abstracts of title furnished byhim or her to the township or any department or official thereof.

I. Limitation on power to compromise.Any Special Counsel shall not, without approval of the governing body, beempowered to compromise, settle or adjust any rights, claims, demands orcauses of action in favor of or against the township, nor to permit, offer orconfess judgment against the township, nor to accept any offer or judgment infavor of the township, provided that this section shall not operate to limit orabridge the discretion of the township attorney in regard to the proper conductof the trial of any action or proceeding or deprive him or her of the powers andprivileges ordinarily exercised in judicial proceedings by counsel acting forprivate clients.

J. Perform such other duties and responsibilities, as the Township Committee,Township Attorney, and Township Administrator may deem appropriate.

§ 31-66. Compensation.

Any [General Litigation] Special Counsel shall receive such compensation as is [limitedby] set forth in the Salary Range Ordinance and set by resolution as both may be amendedfrom time-to-time and as otherwise may be negotiated in an award of contract to [GeneralLitigation] Special Counsel.

All work performed by any special counsel outside the scope and spirit of the above-mentioned services, including but not limited to services as counsel in litigation, administrativeor condemnation proceedings, except as provided in §31-65, shall be paid for by themunicipality upon the submission of reasonable bills for such services performed, supported bythe pertinent vouchers. All such nonsalaried services, prior to undertaking by any specialcounsel, shall require an approval by the governing body authorizing such services.

§ 31-67. Appointment and term of office.

[General Litigation shall be appointed by the Township Committee. The term of officeshall be one (1) year].

The Township Attorney is authorized, with the prior approval of the governing body toemploy such additional counsel to aid in the trial or argument of such causes or proceedings ofimportance in which the Township may be a party or be interested, or represent or advise theTownship in specific legal issues or areas as the Township Attorney may deem necessary andappropriate.

§ 31-68. Removal from office.


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The Township committee may remove any [the General Litigation] Special Counsel atany time for good cause by a majority vote of all its members. A reasonable period ofnotification, not less than ninety (90) days, shall be given by the Township Clerk or by anySpecial Counsel with respect to any termination of employment. The period of notificationmay be less upon mutual agreement of the Township Committee and [General Litigation]Special Counsel.

Upon the expiration of his or her term of office or his or her resignation or removaltherefrom, the any Special Counsel shall surrender forthwith, to the several township officerscharged with the custody thereof, all deeds, leases, conveyances, obligations, bonds, contracts,agreements, reports and all other papers in his or her hands belonging to the Township andshall deliver to his or her successor in office all legal papers and documents relating to thebusiness of the township, together with a written consent of substitution of his or her successorin all actions then pending and undetermined in which the Township is a party.

IV. This Ordinance shall take effect upon its adoption, passage and publication accordingto law.

Consideration 21Introduction of Ordinance 2000-04 amending Chapter 77 (Development Regulations)Section 15 (Guarantees and Inspections) Subsection G (Performance of Work) 7 of theMunicipal Code of the Township of Hillsborough, County of Somerset, State of NewJersey so as to Assure Township Engineer Approval of the Foundation Location andElevation Survey before the Hillsborough Township Construction Department isRequested to Perform the Backfill / Foundation Inspection and setting the publichearing for February 23, 2000




BE IT ORDAINED by the Township Committee of the Township of Hillsborough,County of Somerset, State of New Jersey that Chapter 77 (Development Regulations) Section15 (Guarantees and Inspections) Subsection G (Performance of Work) 7 is hereby amended asfollows (new language is underlined):

(7) The Township Engineer shall be furnished a foundation, location and elevationsurvey performed by a licensed land surveyor for his verification of compliancewith the approved construction plan. Said survey shall be approved or rejected bythe Township Engineer with in ten (10) days of receipt before the HillsboroughTownship Construction Department is requested to perform the backfill/foundationinspection and before construction of a superstructure may proceed.

The within Ordinance shall take effect upon :

1. An appropriate recommendation from the Hillsborough Township PlanningBoard pursuant to N.J.S.A. 40:55D-26 and 40:55D-64.

2. Filing of the ordinance with the Somerset County Planning Board pursuant toN.J.S.A. 40:55D-16.

3. Adoption and publication in accordance with New Jersey law.

CONSENT:

Mayor Tricarico asked if there were any questions on the Consent Agenda.

There were none.


January 26, 2000

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Deputy Mayor offered a motion to approve the Consent Agenda. Seconded byCommitteewoman Martin.


Consent Item 1:Approval of Raffle Application No. 785, Woodfern Home & School Association forgames to be played on February 26, 2000 (on-premise draw)

Consent Item 2:Approval of Raffle Application No. 786, St. Mary's Byzantine Catholic Church PTAfor games to be played on March 26, 2000 (on-premise draw)

Consent Item 3:Resolution authorizing the Tax Collector to reduce said amount to listed propertyowner as a result of a favorable tax appeal.

WHEREAS, several real property tax payers have appealed their real propertytaxes and;

WHEREAS, the Tax Collector has received a favorable appeal granted by theCounty Board of Taxation;

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, ofthe Township of Hillsborough, County of Somerset, State of New Jersey, that the TaxCollector is hereby authorized to reduce said taxes for the following properties.

BLOCK LOT QUAL NAME YR AMT QTR58 28 Hurley 1999 146.32 4th

Consent Item 4:Resolution authorizing the Tax Collector to refund said amounts to listed propertyowners as a result of overpayment of real property taxes. (Total $32,426.22 -- 24Properties)

WHEREAS, several real property tax payers have overpaid their real propertytaxes and;

WHEREAS, the Tax Collector has received proof of such payments aftercorrespondence with said property owners;

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, ofthe Township of Hillsborough, County of Somerset, State of New Jersey, the TaxCollector is hereby authorized to refund said amounts to the property owner.

BLOCK LOT QUAL NAME AMT QTR YEAR153.01 19 Lipkin 955.68 4th 1999153.08 16.239 Condo R&M Land 701.38 3rd/4th 1999153.15 4801 Condo Green 678.62 4th 1999163.F R4A Condo Lala 725.71 4th 1999203.D 17 Raghunathan 1375.48 3rd 1998205.13 16 Coyle 1638.35 2nd 1998205.14 2 Hernandez 1765.49 2nd 1998207.01 70 Delphidio 1759.43 3rd 1998207.02 65 Nandra 2126.50 4th 1998174.07 6 McCumber 2386.54 4th 1999151.01 10 Rooyakkers 435.63 1st 1999150.09 11 Wang 535.58 1st 1999177.H 5 Grotz 1403.41 4th 1999153.08 13.203 Condo Lubrano 359.29 2nd 1998


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13 5.26 Sugarman 3498.11 4th 1998204.C 2 Cassano 1367.27 4th 1999199 78 Mason 1370.42 2nd 1999177.05 13 O’Connor 39.74 3rd 1999177.05 15 Power 11.38 3rd 1999177 2.04 Mills 535.40 4th 1999174.A 31 Versaci 1342.92 1st 1999177 23.02 Belle Mead 1654.27 4th 1999175 39.02 Belle Mead 5306.42 4th 1999204.07 21 Lee 462.20 1st 1999

Consent Item 5:Resolution authorizing the Tax Collector to release the amount specified to thelienholder listed as a result of a redemption of lien. (Total $398.72 -- 1 Property)

WHEREAS, several real property tax payers have redeemed liens held against theirproperty taxes and;

WHEREAS, the Tax Collector has received proof of such payments aftercorrespondence with said property owners;

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, of theTownship of Hillsborough, County of Somerset, State of New Jersey, hereby authorizes theTax Collector to release the amount specified to the lienholders listed below.

BLOCK LOT CERT# NAME AMT LIENHOLDER171 85 96-49 Gonichelis 398.72 Malinowski

Consent Item 6:Resolution authorizing the Tax Collector to make necessary adjustments to listedproperties as a result of disapproved Senior Citizen applications. (Total $ 10.96 -- 1Property)

WHEREAS, the following individuals have filed an application for a SeniorCitizen deduction and;

WHEREAS, the Tax Collector has disapproved said application for the 1999-tax year in accordance with N.J.S. 54:4-8 et al;

NOW, THEREFORE BE IT RESOLVED, that the Township Committee, ofthe Township of Hillsborough, County of Somerset, State of New Jersey, herebyauthorizes the Tax Collector to make the necessary adjustments to the below listedproperties.

BLOCK LOT QUAL NAME YR AMT145 11 Bowman 1999 10.96

REPORTS:

• Municipal Court, December 1999• Police Department, December 1999

CLAIMS LIST 00-02:

Mayor Tricarico asked if there were any questions on Claims List 00-02.

There were no questions.

Deputy Mayor Jensen offered a motion to approve Claims List 00-02. Seconded byCommitteewoman Martin.


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BUSINESS FROM THE FLOOR FOR NEW MATTERS:

Virginia Parks, Branch Director of the Hillsborough Library, Starview Drive, asked to addressthe misunderstandings about the use of the Library multipurpose room. She explained that thisroom was originally built with grant money from the state. Ms. Parks stated that the librarytries to share the room when they can, but over 7,900 people used the room last year forprograms. She calculated that the library held over 350 programs in the room in the past yeareven though they do not have services to prepare the room. Ms. Parks commented that theseniors have requested to use the room; however, the library has conflicting programs onThursdays. She added that the library uses the room until 12:30, which is when the seniormeeting begins and there is no one to set up the room.

Virginia Hudson, Lynn Court, President of Senior Group B explained that the seniors in hergroup meet on the third Thursday of each month and their group is so large that they requireadditional space. She called Mary Ellen Stahley, Director of Social Services, to inquire abouthaving the library conference room opened up for their meeting. Mrs. Hudson questioned howthe conference room went from being a senior room to the library who now had control over it.

Mayor Tricarico instructed Administrator Middleton to research the issue of the agreementwith the County. He explained that this all had to do with when the Municipal Building wasconstructed and the rights and space the library was given needed to be researched. MayorTricarico felt it was an advantage of having a library in the Township. He mentioned thepossibility of starting another chapter for the Seniors. Mayor Tricarico explained that space inthe Municipal Building was a huge problem, and it would have to be addressed in the CapitalPlanning in the very near future. Mayor Tricarico added that once Administrator Middletonhad a chance to research the matter, further discussions could be held.

Mrs. Hudson then took the opportunity to thank the Credit Card Committee for approving theGrant of $5,000 to Senior Group B and also Committeewoman Martin for all her help withSenior issues.

Committeewoman Martin and Mayor Tricarico asked if Mrs. Parks would submit anyinformation she may have pertaining to the conference room issue to Mr. Middleton the nextday so that he could copy it.

Mrs. Parks pointed out that although the library is a County branch, they provide services tothe Township, and that there is an advisory board that helps provide the services. She notedthat there had been a liaison to this advisory board from the Township Committee, butsomehow it was overlooked for the last four years.

Mayor Tricarico replied that a liaison would be assigned.

Tony Wesdowski, Saxon Street, commented that last year and the year prior there had beendiscussion concerning evening hours for citizens to come to the building for taxes or buildingpermits.

Mayor Tricarico confirmed that this matter had been discussed; however, it would requireunion negotiations. He asked Administrator Middleton to set up a meeting with MayorTricarico, Administrator Middleton and the union representatives so the issue could bepursued.

Administrator Middleton replied that he would speak to the Labor Attorney first to see if therewere any restrictions that would apply.

Jack Soloman, South Woods Road, requested a liaison from the Township Committee to theHillsborough Postal Advisory Committee, which he is co-chair. He explained that the PostalAdvisory Committee was instrumental in getting Hillsborough their own Post Office and ZipCode. Mr. Soloman advised that the Hillsborough Postal Advisory Committee is an officialfunction of the Postal Service. He noted that there are Postal Advisory Committees all over the


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United States, the closest one being in Trenton. Mr. Solomon explained the Committees’primary function is to serve as a conduit between the citizens of Hillsborough and the PostalService. He pointed out that the opening of the Hillsborough Post Office is approaching andthe Hillsborough Postal Advisory Committee had identified 16 different functions that they as acommittee and as individual members are willing to perform. He noted that the problem is thatthe people responsible for building the Post Office will only deal with the elected officials ofthe municipality, which is why a liaison is needed.

Mayor Tricarico stated that if there were no objections, he would like to be liaison to thatcommittee. He instructed Mr. Solomon to work directly through him and with the Mayor’sOffice.

Mr. Solomon expressed his appreciation and stated that he would provide information to theMayor’s Office.

Committeewoman Martin stated that if the Mayor needed assistance, she was willing to help.

Art Zander, South Branch Road, expressed concerns relative to the library conference room,the grant money and the reason a partition is used to divide the room needed to be researched.

Mayor Tricarico assured Mr. Zander that they would get to the bottom of the issue.

Mr. Zander asked if the 4-way stop signs at the intersection of Amwell Road and BeekmanLane, which was in front of the Municipal Building, could be replaced with larger signs.

Attorney Philibosian replied that it was regulated by the State. He did not know if larger signswere available, but if they were they could be requested.

Mayor Tricarico instructed Administrator Middleton to have Engineer Scarantino contact theCounty to see if anything could be done.

Mr. Zander stated that he did not feel the Township should put in an application to replace thetables in the Multipurpose Room. He indicated that this should be an appropriation and shouldbe budgeted for by the Township. Mr. Zander asserted that a replacement schedule orassessment inventory should be in place.

Committeewoman Martin responded that an inventory had been taken by the Department ofSocial Services, which is responsible for scheduling that room for many groups throughout theTownship. She explained that she felt it was an appropriate application due to the fact that thetables were used by many organizations throughout the Township.

Mr. Zander stated that it was his understanding that the credit card grant money was to be usedfor private organizations and not for the Municipal Building.

Mayor Tricarico commented that he was confident that the Credit Card Advisory Committeewould not approve the application if it did not meet the established criteria.

Bob Parks, Starview Drive, asked if anything was being done for additional parking for theMunicipal Building.

Mayor Tricarico replied that last year one of two parking facilities was approved. Hecommented that he has noticed a need for more parking and felt that the issue should be re-addressed. Mayor Tricarico stated that building expansion also needed to be considered -- themore area used for parking meant less room for expansion.

Mr. Parks advised that the building was not constructed with the ability to go to a second story.

Mayor Tricarico asked Administrator Middleton to find the proposal done last year regardingthe parking and to bring it to the next work session.

Administrator Middleton explained that the plans would have to be brought to a CapitalPlanning Committee.


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Mayor Tricarico instructed Administrator Middleton to bring it there.

Mr. Wesdowski of Saxon Street stated, as follow up to Mr. Zander, that when the Credit CardCommittee was introduced by former Mayor Ken Scher, the money was to be used for Seniorand Youth Organizations.

Mayor Tricarico responded that he respected the point that Mr. Wesdowski and Mr. Zanderwere trying to make, but that it was up to the Credit Card Committee if the applications fit thecriteria or not.

Mr. Wesdowski asked if the present Credit Card Committee membership was the same as theoriginal appointments.

Mayor Tricarico replied that it was the same exact committee.

Mr. Wesdowski asked if they had changed their guidelines.

Mayor Tricarico stated that the guidelines were set up based on considerable research andthought.

Mr. Wesdowski questioned money that was granted for the Hillsborough High School to buy alaptop and printer. He thought that money should have come from the Board of Education.

A short discussion ensured concerning the Board of Education's budget and allocation.

Committeeman Mack pointed out that the laptop and printer were bought for an extra curricularactivity and not something that was part of the regular education curriculum. He noted that itwas the same as sports programs, which are considered extra curricular activities.Committeeman Mack also stated that the items enhance the participation in the programs.

Mayor Tricarico pointed out that the application did not come directly from the Board ofEducation.

ADJOURNMENT:

A motion to adjourn the meeting at 9:10PM was offered by Deputy Mayor Jensen. Secondedby Committeeman Mack.


Attested to:

Gail W. McKane, RMCTownship Clerk

Documents

TABLE OF CONTENTS CALL OF THE ROLL: - Cit-e-NetTABLE OF CONTENTS CALL OF THE ROLL: ... 19. Introduction of Ordinance 2000-02 amending and supplementing Part I, Chapter 10, Article