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



Minutes of the Regular Meeting of the Township Committee of the Township of Hillsborough, in the County of Somerset, State of New Jersey, held in the Municipal Complex at 7:30 p.m. on the above date.

Upon call of the roll, the following Committee members were recorded present: Committeeman Paul Drake, Committeewoman Lisa Nisivoccia and Committeeman Bob Wagner. Mayor Carl Suraci arrived at 7:40 p.m. Also in attendance were Township Attorney Albert E. Cruz, Township Administrator/Clerk Kevin P. Davis and Deputy Clerk Brianne Skobo. Deputy Mayor Anthony Ferrera was absent.

Following Roll Call and Salute to the Flag, Committeeman Wagner advised that notice of this Regular Session was made in accordance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975, by posting on the bulletin board at the Municipal Building and by mailing to the Township’s official newspapers, a notice that this regular session would take place at the Hillsborough Municipal Building at 7:30 p.m. on December 19, 2006.

Approval of minutes

• Approval of the November 28, 2006 Regular Meeting Minutes

Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner, the minutes of the November 28, 2006 regular meeting were unanimously approved upon the call of the roll.

• Approval of the November 28, 2006 Executive Session Minutes

Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia the minutes of the November 28, 2006 executive session were unanimously approved upon the call of the roll.

proclamations

• Proclamation honoring Brian Van Dongen

WHEREAS, Brian Van Dongen, a member of Boy Scout Troop 89, has earned the status of Eagle Scout; and

WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours Brian devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in order to achieve this highly coveted position; and

WHEREAS, Brian Van Dongen has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed upon him; and

WHEREAS, for Brian’s Eagle Scout Leadership Project he led a group of Boy Scouts who added a new play area at the Christian Nurturing Center; and

WHEREAS, Brian’s project consisted of removing brush, leveling the ground, installing fence and spreading mulch; and

WHEREAS, this project has more than doubled the play area for the students at the Christian Nurturing Center; and

WHEREAS, Brian Van Dongen serves as an example to youth through his high level of personal achievement, leadership and community service, and we are very proud that Brian is a member of our community.

NOW, THEREFORE, BE IT PROCLAIMED that we, the members of the Hillsborough Township Committee do hereby recognize and extend our sincere congratulations to Brian Van Dongen for having achieved the status of Eagle Scout, an honor for both him and for those who have guided him, with best wishes for a bright future.

• Proclamation honoring Eagle Scout Matthew Cichon

WHEREAS, Matthew Cichon, a member of Boy Scout Troop 186, has earned the status of Eagle Scout; and

WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours Matthew devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in order to achieve this highly coveted position; and

WHEREAS, Matthew Cichon has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed upon him; and

WHEREAS, for Matthew’s Eagle Scout Leadership Project he improved the area around the Shrine at Christ the King Church in Manville; and

WHEREAS, Matthew’s project consisted of power washing the statue of Mary and the walkway around the Shrine; and

WHEREAS, for this project Matthew weeded the garden surrounding the statue and added new plants, new mulch and a brick border, thereby making the Shrine a beautiful place to visit; and

WHEREAS, Matthew Cichon serves as an example to youth through his high level of personal achievement, leadership and community service, and we are very proud that Matthew is a member of our community.

NOW, THEREFORE, BE IT PROCLAIMED that we, the members of the Hillsborough Township Committee do hereby recognize and extend our sincere congratulations to Matthew Cichon for having achieved the status of Eagle Scout, an honor for both him and for those who have guided him, with best wishes for a bright future.

REPORTS AND NEW BUSINESS FROM COMMITTEE LIAISONS, RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS

Committeeman Drake

Committeeman Drake said he attended the Transit Village Steering Committee meeting last week and there was discussion about the design workshop that was held in the fall. He said the primary issue was the design of the Route 206 and Amwell Road interchange. Committeeman Drake reported that it was the consensus of the participants that the design of the new interchange be done so as to facilitate the reactivation of the train line. He also said that participants discussed the bridge on Amwell Road and how it would interact with the proposed Bypass.

Committeeman Drake commended the Grants and Shared Services Commission and stressed the importance of the work they do. He said the Township is looking for volunteers to serve on the Commission.

Committeewoman Nisivoccia

Committeewoman Nisivoccia thanked the Municipal Alliance and the Life Skills Committee for their work to make the December 12th lunch for senior citizens a success . She also thanked the Youth Services Commission for their work during the year to ensure the success of the coffee house for teens. Committeewoman Nisivoccia commended the Woman’s Club of Hillsborough and the Parks and Recreation Department for the tree lighting ceremony earlier in the month.

Committeeman Wagner

Committeeman Wagner said that he will reserve comment on the Kanach farm for later in the meeting.

Regarding other open space issues, he said that the Open Space Advisory Committee has developed a priority list for purchases by the Township and this report should be available to the Township Committee at the beginning of 2007.

Mayor Suraci

Mayor Suraci reported that the Township Committee members, the Township Administrator and the Police Chief will be providing input into the Charter Study Commission’s review of our current form of government. He said that the first phase of the Charter Study will be for Commission members to review the current form of government. Mayor Suraci said that state law requires the Commission to study the current form and other forms of government to determine whether other forms of government would strengthen local government or make it more responsive, accountable or efficient. He thanked the members of the Township Committee for volunteering their time to provide information during this historic event.

NEW BUSINESS

None at this time.

PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA

PUBLIC HEARINGS

Ordinance 2006-48 An Ordinance authorizing the execution of lease agreements with New Cingular Wireless PCS, LLC, for ground space and the construction of a telecommunications tower, Omnipoint Communications, Inc. and Sprint Spectrum LP, for ground space on a portion of Lot 1.02 in Block 149.01 on the Hillsborough Tax Map.

Committeeman Wagner moved to open the public hearing on Ordinance 2006-48. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.

Mayor Suraci explained that this Ordinance authorizes the lease agreements between the Township and three wireless phone companies for the cell tower at the municipal building. The leases were publicly bid and Cingular Wireless was the highest bidder at $36,000 annually, Sprint at $19,260 annually and Omnipoint at $18,000 per year.

The new cell tower will result in over $70,000 annually in additional revenue but will also enhance public safety by permitting the Police and Fire antennas to have a greater reach in the Township.

Vincent DeMasi, Jr. spoke about his negotiations with Cingular Wireless for a cell tower on his property.

Committeeman Wagner moved to close the public hearing on Ordinance 2006-48. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll.

Committeeman Wagner moved to adopt Ordinance 2006-48. Said motion was seconded by Committeeman Drake and carried unanimously upon the call of the roll.

Ordinance 2006-49 An Ordinance appropriating Capital Fund Balance held by the Township of Hillsborough, County of Somerset, State of New Jersey, for the Preliminary Costs for the Study of Sewer Line Extensions and Sewer Line Extension special assessments.

Committeeman Wagner moved to open the public hearing on Ordinance 2006-49. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.

Mayor Suraci said that this Ordinance appropriates $50,000 in capital surplus funds to pay for the preliminary costs for a sewer project in the area of Riverview Terrace and Hiland Drive. These funds will be recovered through a special assessment on the property owners in the area. He further explained that this is the first of several areas in the Township that will be getting sewer extensions through a special assessment process, and the property owners affected will repay the Township for all costs related to the construction and financing of the sewer extensions.

Committeeman Wagner moved to close the public hearing on Ordinance 2006-49. Said motion was seconded by Committeeman Drake and carried unanimously upon call of the roll.

Committeeman Drake moved to adopt Ordinance 2006-49. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.

Ordinance 2006-50 An Ordinance amending Chapter 169 of the Code of the Township of Hillsborough, Titled “Fire Zones”, Section 5, Titled “Fire Zones Designated.”

Committeeman Wagner moved to open the public hearing on Ordinance 2006-50. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.

Mayor Suraci stated that this Ordinance established several additional fire zones in the Township and was recommended by the Fire Commission.

Committeeman Wagner moved to close the public hearing on Ordinance 2006-50. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll.

Committeeman Wagner moved to adopt Ordinance 2006-50. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.

Ordinance 2006-51 An ordinance amending Chapter 188 (Development Regulations) of the Code of The Township of Hillsborough to establish a separate revised Affordable Housing Growth Share Requirement for residential and non-residential development.

Committeewoman Nisivoccia moved to open the public hearing on Ordinance 2006-51. Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll.

Mayor Suraci said that with Ordinances 2006-51 and 2006-52, the Township is making court-recommended amendments to the growth share Ordinance approved earlier in 2006. These Ordinances make developers responsible for any affordable housing obligations brought about by their developments.

Mayor Suraci explained that in residential zones developers either have to build the number of affordable housing units created by their development or make a payment to the Township in the amount calculated as necessary to build the number of affordable housing units in their obligation. With the court-recommended changes proposed, Hillsborough’s Ordinances should pass any legal challenge.

Committeeman Wagner moved to close the public hearing on Ordinance 2006-51. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll.

Committeeman Wagner moved to adopt Ordinance 2006-51. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.

Ordinance 2006-52 An ordinance amending Chapter 188 (Development Regulations) of the Code of the Township of Hillsborough to revise the Affordable Housing

Development Fee Requirements.

Committeewoman Nisivoccia moved to open the public hearing on Ordinance 2006-52. Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll.

Committeewoman Nisivoccia moved to close the public hearing on Ordinance 2006-52. Said motion was seconded by Committeeman Drake and carried unanimously upon call of the roll.

Committeewoman Nisivoccia moved to adopt Ordinance 2006-52. Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll.

CONSIDERATIONS

Deputy Mayor Ferrera offered the following resolutions:

1. Resolution recommending that the Board of Chosen Freeholders of the County of Somerset accept the bid for the property commonly known as the Kanach property.

WHEREAS, the Township of Hillsborough participated with the County of Somerset in the acquisition of that property designated as Lots 7 and 9 in Block 164 (“Kanach Property”); and

WHEREAS, the Kanach Property is subject to a Deed of Easement requiring that the Kanach Property be retained for agricultural use and production in compliance with N.J.S.A. 4:1C-11 et seq. (“Deed of Easement”); and

WHEREAS, the County acquired Kanach Property in fee; and

WHEREAS, the Township and the County believe that the Kanach Property should be sold at auction subject to the Deed of Easement; and

WHEREAS, on December 8, 2006, an auction was held for the Kanach Property; and

WHEREAS, the auction yielded a high bid price of $3,700,000.00; and

WHEREAS, the auction price exceeded the pre-auction estimates for the Kanach Property; and

WHEREAS, it is the desire of the Township Committee of the Township of Hillsborough to recommend to the County of Somerset that it accept a purchase price $3,700,000.00 and that the Township be reimbursed for its proportionate contribution to the original purchase price.

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

1. That the Township Committee of the Township of Hillsborough hereby recommends to the Board of Chosen Freeholders of the County of Somerset that it accept the bid price of $3,700,000.00.

2. That the County of Somerset reimburse the Township of Hillsborough for its proportionate contribution to the acquisition of this property.

3. This Resolution shall take effect immediately.

Mayor Suraci said that with this resolution the Township Committee is recommending that the Freeholders accept the bid received at the auction for the Kanach property, which is jointly owned by the Township and Somerset County. The Township will receive 20% of the net $3.7 million bid price which is above the appraised value. The property is preserved from development and the Township has been advised that the winning bidder is a horse breeder who plans to operate the property as a horse farm.

The Mayor said that these funds will be added to the Open Space Trust Fund to make future land preservation purchases and congratulated the Somerset County Freeholders and County Counsel Tom Miller for successfully managing this sale.

Committeeman Wagner said that the auction for this property was held on December 8th and he reiterated that the Township will receive 20% of the proceeds, approximately $740,000, which will be returned to the Open Space Trust Fund.

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

2. Resolution ratifying and confirming the action of the Township Administrator/Clerk and Chief Financial Officer to roll over bond anticipation notes in the amount of $4,477,879.

WHEREAS, Bond Anticipation Notes originally issued on December 16, 2002 for the Library construction and various other capital projects needs to be rolled over annually. Said Notes were last rolled over on December 16, 2005; and

WHEREAS, NJSA: 40A:2-8 requires that principal pay downs be made commencing on the third anniversary date of the original issue with complete payoff no later than the tenth anniversary date, and

WHEREAS, funds were appropriated in the 2006 budget to pay down $147,000 of the original note issue; and

WHEREAS, the Township has previously authorized the issuance of Bonds or Notes in Ordinance 98-30 for the Sunnymead landfill closure that have not previously been borrowed for $170,000; and

WHEREAS, the total amount of the note rollover was $4,477,879 and the Township has received a 4% interest rate from Sovereign Securities which is lower than last year’s rate of 4.375%;

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the action of the Township Administrator/Clerk and the Chief Financial Officer hereby confirms the roll over of the Bond Anticipation Note in the amount of $4,477,879 at a interest rate of 4% to the low bidder Sovereign Securities.

Mayor Suraci stated that this is a bond anticipation note which provided cash for the Library construction and other capital projects such as the lights at Docherty Park and that it originated in 2002. The Township is gaining some savings because the interest rate on the note is 4% this year and was 4.35% in 2005.

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

3. Resolution approving an Addendum to the collective bargaining agreement with AFSCME Local #3697 regarding payroll periods.

WHEREAS, beginning in 2007, the Township wishes to institute a new payroll period program where annual salary will be paid on the basis of twenty-six (26) equal pays during the calendar and in 2014 annual salary will be paid on the basis of twenty-seven (27) equal pays during the calendar year, such change having no effect on the hourly rate for overtime calculator; and

WHEREAS, the program provides that for the period from 2015 through 2020, the twenty-six (26) pay period will be used and the twenty-seven (27) pay period system will be used in 2021 and the overall system will be repeated every seven (7) years; and

WHEREAS, beginning in 2007, hourly rates are to be computed based on a 2080 hours per year basis, irrespective of leap year; and

WHEREAS, the collective bargaining agreement for Local #3697 needs to be amended to adopt the payroll change; and

WHEREAS, the Hillsborough Public Works Employee Association has adopted the payroll change in their 2006-2009 contract.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Mayor and Township Clerk are hereby authorized to sign the Addendum to the collective bargaining agreements with AFSCME Local #3697 reflecting the above change to the payroll period program.

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

4. Resolution authorizing the execution of a Professional Services Contract in accordance with the Fair and Open Selection Process (N.J.S.A. 19:44A-20.4-5 et. Seq.) for Planning Consultant to Prepare a Transfer of Development Rights Study to Melvin/Kernan, LLC in an amount not to exceed $105,000.00.

WHEREAS, there exists a need for consultant services for a Transfer of Development Rights study; and

WHEREAS, as a result of the Fair and Open Selection Process, the Township Committee has decided to award the contract for “Professional Services” to Melvin/Kernan, LLC, 935 Kings Highway, Suite 300, Thorofare, NJ pursuant to the proposal dated November 17, 2006; and

WHEREAS, funds are available and have been certified as such by the Chief Financial Officer, said certification is attached to this resolution; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and the New Jersey Local Unit Pay to Play Law (n.j.s.a. 19:44A-20.4-5 et. seq.) requires that the resolution authorizing the award of contracts for “Professional Services” without competitive bid but through the Fair and Open Selection Process must be publicly advertised.

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

1. The Mayor and Township Clerk are hereby authorized to execute a Professional Services Contract with Melvin/Kernan, LLC for the Transfer of Development Rights Study in an amount not to exceed $105,000.00.

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

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

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

Mayor Suraci said that the Township used the fair and open procurement process to solicit proposals for the Transfer of Development Rights (TDR) study consultant and that the firm of Melvin/Kernan has the background and qualifications and offered the lowest cost.

Committeeman Drake said that the sale of the Kanach property with the condition of agricultural preservation was a good example of how transfer of development rights can be used as a cost saving measure for the Township. He said that open space purchases are funded in many ways but that Transfer of Development Rights is a way for municipalities to preserve land and minimize the funds required.

Committeeman Drake said that the TDR study included in this resolution is ongoing and will be financed almost exclusively with state grants. Through the efforts of the Planning and Zoning Department, $105,000 in funding has been secured for the TDR study through the Department of Community Affairs and the State Agricultural Development Committee. He said that Melvin/Kernan will be an asset to Township planners.

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

5. Resolution authorizing the Township Administrator/Clerk to advertise for bids for the construction of a pole-type storage facility jointly with the Fire Commission.

WHEREAS, the Office and Emergency Management and the Department of Parks and Recreation require a storage facility for vehicles that are used by both Departments including the Command Vehicle, Boat, and Recreation Bus; and

WHEREAS, $30,000 has been appropriated through the 2006 Capital Budget Ordinance for the purpose of joint construction of a pole-type storage building with the Fire Commission and Office of Emergency Management; and

WHEREAS, the Fire Commission will reimburse the Township for its share of the cost of this facility; and

WHEREAS, the Township Administrator/Clerk requests permission to advertise for bids for the storage facility.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Township Administrator/Clerk is hereby authorized to advertise for bids for a storage facility to house vehicles for the Office of Emergency Management and the Department of Parks and Recreation.

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

6. Resolution establishing the annual salaries and wages of certain employees.

BE IT RESOLVED, by the Township Committee of the Township of Hillsborough that the annual salaries of the following employees are listed below, effective to January 1, 2006 unless otherwise specified.

|Name |Position |Salary | |

|Belnay, Glen |Health Officer |100,569.00 | |

|Blaney, Debra |Tax Assessor |74,769.00 |1Stipend effective 10/1/06 |

| | |12,000.001 | |

|Borngesser, Dianne |Secretary to Administrator |45,644.00 | |

|Bush, Lucia |Admin Secty to Police Chief |46,193.00 | |

|Crossen, John |Ass’t Parks Supervisor |53,990.00 | |

|Davis, Kevin |Administrator/Township Clerk |124,262.00 | |

|Fiedler, John |Construction Official |62,100.001 |1Effective 1/1/06-12/14/06 |

| | |65,000.002 |2Effective 12/15/06 |

|Geary, Bill |Lieutenant |111,110.00 |Effective |

| | | |1/1/07 |

|Haberle, Nancy |Deputy CFO/Tax Collector |56,925.00 | |

|Haurey, James |Systems Administrator |72,294.00 | |

|Huxley, Jeff |Assistant Supervisor/PW |66,416.00 | |

|Kaminsky, Paul A. |Chief of Police |126,000.00 |Effective |

| | | |1/1/07 |

|Kubisch, Victor H. |Lieutenant |111,110.00 |Effective |

| | | |1/1/07 |

|Merkler, Paul |Lieutenant |111,110.00 |Effective |

| | | |1/1/07 |

| | | | |

|Neidlinger, William |Assistant Supervisor/PW |60,605.00 | |

|Resavy, Richard |Director/Parks & Recreation |77,128.00 | |

|Ringelheim, Robert |Planning Director |86,064.00 |Effective 7/1/06 |

|Roscoe, Robert |Police Captain |119,189.00 |Effective 1/1/07 |

|Sixt, Buck |Director of Public Works |87,840.00 | |

|Skobo, Brianne |Deputy Clerk |42,000.001 |1Effective 1/1/06 |

| | |43,050.002 |2Effective 1/1/07 |

|Skobo, Ron |Director of Building |67,276.001 |1Effective 1/1/06-9/25/06 |

| | |70,000.002 |2Effective 9/26/06 |

|Smith, Sandra |Court Administrator |66,013.00 | |

|Spano, Siobhan |Deputy Health Officer/Educator |68,072.00 | |

|Stahley, Mary Ellen |Social Services Director |60,030.001 |11/1/06-4/2/06 |

| |Asst. to Administrator |45,644.002 |24/3/06-12/31/06 |

|Wesolowski, Kathy |Public Works Secretary |38,898.00 |12/20/06 |

|Zilinski, Ronald |Finance Officer/Tax Collector |103,277.00 | |

The Mayor explained that this resolution covered annual increases for Department heads and non-union employees and certain merit increases. Most employees received a 3.5% increase, the same as the various union contracts called for. Police superiors received the same increase as the PBA for 2007.

Mayor Suraci further explained that key personnel who had demonstrated high performance that resulted in organizational improvements were recognized with merit increases. Included in that group were Police Chief Paul Kaminsky, Director of Building Ron Skobo and Construction Official John Fielder.

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

7. Resolution authorizing the procurement of the concession of the membership into a credit union, and authorizing the Mayor and Township Administrator/Clerk to sign the membership agreements with Affinity Federal Credit Union.

WHEREAS, the Affinity Federal Credit Union has offered membership to its credit union to the Township of Hillsborough and its employees to offer various services to the Township employees; and

WHEREAS, the Township of Hillsborough wishes to enter into a concession agreement with the Affinity Federal Credit Union thereby offering credit union membership to its employees; and

WHEREAS, the Township Attorney has determined that this proposal by the Affinity Federal Credit Union constitutes a “concession” pursuant to the Local Public Contracts Law, N.J.S.A. 40A:ll-1, et seq., and the regulations promulgated thereunder, N.J.A.C. 5:34-9.4, and is governed by such, pursuant to the Memorandum from the Township Attorney attached hereto and made a part hereof; and

WHEREAS, the estimated total value of the concession is anticipated to be well under the current threshold of the Local Public Contracts Law of $29,000.00 where the Township has a qualified purchasing agent, as there is no cost to the Township for membership, and no value of services expected to be received by the Township; and

WHEREAS, the Township will not incur any costs, services or endorsements as part of the concession, and will only be providing the offer of membership into the credit union for its employees; and

WHEREAS, the Township itself will not receive any revenue or services as part of the concession; and

WHEREAS, the concession is to be awarded through informal quotations, which was received by the Township via letter from Affinity Federal Credit Union; and

WHEREAS, it is not feasible or practical for the Township to create its own credit union, thus there is a public need to join a credit union to offer membership to the Township employees; and

WHEREAS, there is no risk to the Township as the Township is not expending any monies, nor is the Township utilizing the membership benefits for itself; and

WHEREAS, the Township Committee, upon considering the benefits received by the concession, and a public need to award the concession, finds it in the best interest of the Township to award the concession to Affinity Federal Credit Union to offer credit union membership to the Township’s employees; and

WHEREAS, the Affinity Federal Credit Union has a branch located in Hillsborough Township, approximately three (3) miles away from the Hillsborough Municipal Complex.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, and State of New Jersey, that the Township does hereby award a concession to Affinity Federal Credit Union to offer credit union membership to the Township employees;

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized to enter into concession agreements with Affinity Federal Credit Union;

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.

Mayor Suraci said that the Affinity Credit Union is a new business in Hillsborough. Through this resolution, Hillsborough Township municipal employees will be able to take advantage of membership in the credit union, at no cost to the Township.

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

8. Resolution to appoint a Deputy Tax Assessor.

WHEREAS, the Township Committee had determined that there is a need to fill the vacant position of Deputy Tax Assessor; and

WHEREAS, the Township Administrator/Clerk and the Tax Assessor recommend the promotion of William Radano, and

WHEREAS, Mr. Radano currently serves as Assistant Tax Assessor; and

WHEREAS, the Township Administrator/Clerk recommends that Mr. Radano be appointed Deputy Tax Assessor, a non-union position, with an annual salary of $50,829.00 effective January 1, 2007.

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 Township Administrator/Clerk hereby be accepted and approved, and that William Radano is hereby appointed as Deputy Tax Assessor at an annual rate of $50,829.00 effective January 1, 2007.

This resolution will be considered later in the meeting.

9. Resolution authorizing an Agreement with the Tax Assessor regarding commercial tax assessment duties.

WHEREAS, there exists a vacancy in the Tax Assessor’s office due to the resignation of Deputy Tax Assessor Ed Kerwin; and

WHEREAS, Mr. Kerwin’s primary responsibilities were commercial and industrial assessments and since his resignation Tax Assessor Debra Blaney has handled all commercial and industrial tax matters; and

WHEREAS, it would be financially beneficial to the Township and to business owners if Ms. Blaney were to assume responsibility for commercial and industrial tax matters; and

WHEREAS, Ms. Blaney would be compensated for the additional duties with an annual stipend of $12,000 and said additional duties will be detailed in an Agreement between Ms. Blaney and the Township.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Mayor and Township Administrator/Clerk are authorized to sign an agreement with Tax Assessor Debra Blaney that provides for her to assume additional duties and to receive an annual stipend of $12,000.

With the resignation of the part-time Deputy Tax Assessor, who performed commercial and industrial assessment duties for the Township, the Mayor said that various options for having those duties performed have been explored. To replace the former part-time Tax Assessor, who was paid $18,000 annually, would cost the Township at least $30,000.

The Mayor explained that, rather than take on that added expense, the Township negotiated an agreement with the current Tax Assessor, Debra Blaney, to take on the additional duties of commercial and industrial assessment activities. This will result in considerably more hours for Ms. Blaney beyond the normal work day, for which she will receive a $12,000 annual stipend. By having the current Assessor perform these duties, business property owners would have better access to the Assessor than was the case when the position was a part-time one and the taxpayers will save money.

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

10. Resolution authorizing an amendment to a Professional Services Contract with Farewell Mills Gatsch Architects, LLC for modification of the Van Der Veer Harris House historic nomination.

WHEREAS, at the request of the New Jersey Department of Transportation (NJDOT), the Township needs to modify the application for historic site nomination for the Van Der Veer Harris House; and

WHEREAS, Farewell Mills Gatsch Architects, LLC (“FMG”), the Township’s Historic Preservation consultant, has prepared a proposal to make the application modification at a cost of $2,700.00, including consulting fee and $700.00 in expenses.

WHEREAS, the total amount paid to FMG in 2006 is $10,238 and with the additional amount, the Fair and Open Process threshold of $17,500 will not be met in 2006.

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

1. The Mayor and Township Clerk are hereby authorized to amend and execute the agreement with Farewell Mills Gatsch Architects, LLC to modify the application for historic site nomination for the Van Der Veer Harris House to eliminate from the application the 1.5 acres at the front of the property that the NJDOT needs for the Route 206 Bypass right of way.

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

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

The Mayor said that the Township, working with the N. J. Department of Transportation (NJDOT), needs to amend the historic nomination of the VanDerVeer Harris House to remove 1.5 acres of property from the application. NJDOT needs the 1.5 acres for the right-of-way for the Route 206 Bypass.

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

11. Resolution authorizing the Township Administrator/Clerk to seek requests for proposals in accordance with the Fair and Open Process in order to solicit qualified service providers in conducting design charettes and the preparation of a planning and design policy study in conjunction with Somerset County.

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

WHEREAS, each municipality is required to chose a method for selection of professionals who will be paid $17,500 or more during the course of a year; and

WHEREAS, the Township Committee has chosen a fair and open process for the selection of professionals, which requires the advertising of a Request for Proposal from any interested party for professional service on the Township’s website; and

WHEREAS, Hillsborough Township has received approval for a Municipal Planning Partnership grant from Somerset County in order to conduct design charettes for Town Center and the northern Route 206 corridor and to prepare a planning and design policy study; and

WHEREAS, the grant involves activities outlined in the Grant Agreement prepared by the Somerset County Planning Department; and

WHEREAS, in order to comply with the required activities in the Grant Agreement, the Township must seek assistance from qualified service providers; and

WHEREAS, the qualified planning consultant will conduct design charettes for the Town Center and the northern Route 206 corridor and prepare a planning and design policy study for these areas.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the Township Administrator/Clerk is authorized to seek Request for Proposals for qualified service providers to conduct design charettes for the Town Center and the northern Route 206 corridor and prepare a planning and design policy study for those areas.

Mayor Suraci stated that the Township has realized a financial savings from using the fair and open process in the selection of consultants and other professionals and will continue to use this process where appropriate.

Committeeman Drake thanked Somerset County for the grant the Township received for town center planning which will be used to host design charettes and to further examine the integration of the town center concept with the northern portion of town.

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

12. Resolution approving the Memorandum of Agreement (MOA) between the Township of Hillsborough and the Hillsborough Township PBA Local #205 for the 2007-2011 Collective Bargaining Agreement and authorizing the Mayor and the Township Administrator/Clerk to execute the Agreement once it is determined to be acceptable by both parties.

Now, therefore, be it resolved by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the attached Memorandum of Agreement between the Township of Hillsborough and the Hillsborough Township PBA Local #205 for the 2007 – 2011 Collective Bargaining Agreement is hereby approved and the Mayor and the Township Administrator/Clerk are authorized to execute the Collective Bargaining Agreement once it is determined to be acceptable by both parties.

Mayor Suraci said the Township has reached an agreement with the PBA for the period 2007 – 2011. This is the first time in recent history that an agreement has been reached prior to the expiration of the current PBA contract. For the first time since 2000, the Township has all bargaining units under contract at the same time. PBA negotiations included a number of compromises including freezing the starting salary for new police officers as well as other cost saving measures for taxpayers.

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

13. Resolution to schedule a special meeting on December 28, 2006 and to reschedule the public hearing on Ordinance 2006-53 to December 28, 2006.

WHEREAS on December 13, 2006, Ordinance 2006-53 titled “An Ordinance Authorizing Acceptance of a Deed of Dedication to the Township of Hillsborough for a Portion of Block 167, Lot 12.03, owned by Roycefield Properties, LLC, in the Township of Hillsborough, County of Somerset, State of New Jersey”, was introduced and the public hearing scheduled for December 27, 2006; and

WHEREAS, it is necessary to reschedule the public hearing to a special meeting to be held December 28, 2006 at 9:00 a.m.; and

WHEREAS, notice of the introduction of Ordinance 2006-53 will be published in the Hillsborough Beacon on December 21, 2006; and

WHEREAS, December 28, 2006 is not a regularly scheduled meeting of the Township Committee of the Township of Hillsborough and a special meeting is required to hold the public hearing; and

WHEREAS, the Township Committee desires to schedule the public hearing for Ordinance 2006-53 at a special meeting to be held on December 28, 2006 at 9:00 a.m.

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

1. The public hearing on Ordinance 2006-53 will be held at a special meeting scheduled for December 28, 2006 at 9:00 a.m.

2. Notice of the introduction of Ordinance 2006-53 and the scheduling of the public hearing and special meeting will be published on December 21, 2006.

3. This resolution will take effect immediately.

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

CONSENTS

Mayor Suraci offered the following consent agenda:

1. Resolution approving request from Arthur Huger for release of Development Review Escrow in the amount of $263.49.

WHEREAS, a request has been received from Arthur Huger for the release of Development Review Escrow; and

WHEREAS, the Hillsborough Township Planner certifies that all work has been satisfactorily completed; and

WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $263.49 Development Review Escrow that was posted for the completion of the project.

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

2. Resolution approving a request from William Nivison for release of Development Review Escrow in the amount of $372.13.

WHEREAS, a request has been received from William Nivison for the release of Development Review Escrow; and

WHEREAS, the Hillsborough Township Planner certifies that all work has been satisfactorily completed; and

WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $372.13 Development Review Escrow that was posted for the completion of the project.

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

3. Resolution approving the request from Margaret and Joseph Canica for the release of cash escrow from Winter Certificate of Occupancy in the amount of $1,500.00

WHEREAS, a request has been received from Margaret and Joseph Canica for release of cash escrow for Winter Certificate of Occupancy; and

WHEREAS, the Assistant Township Engineer certifies that all work, which was precluded by the winter season when the Certificate of Occupancy was issued, have since been satisfactorily completed; and

WHEREAS, the Assistant Township Engineer recommends that the Township Committee take action to release the $1,500.00 cash escrow that was posted for the completion of the project.

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

4. Resolution approving the request from Orchard Hills Development Corp. for the release of cash escrow in the amount of $23,675.07.

WHEREAS, a request has been received from Orchard Hills Development Corp. for release of cash escrow; and

WHEREAS, the Assistant Township Engineer certifies that all work has been satisfactorily completed; and

WHEREAS, the Assistant Township Engineer recommends that the Township Committee take action to release the $23,675.07 cash escrow that was posted for the completion of the project.

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

5. Resolution authorizing refund of tax overpayments in the amount of $747.80.

WHEREAS, several real property tax payers overpaid their real 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, the Tax Collector is hereby authorized to refund said amounts to the property owner. Total, $747.80, total properties, 2.

______________________________________________________________________

|Block |Lot |Name |Amount |Qtr |Year |

| | | | | | |

|151.16 |41 |Dunbar, Joseph |250.00 |4th |2006 |

|169 |23 |Lanwin Development Corp. |497.80 |1,2&4TH |2006 |

| | | | | | |

| | | | | | |

| | | | | | |

6. Resolution approving the request from JK Design for the release of cash escrow in the amount of $1,000.00.

WHEREAS, a request has been received from JK Design for release of cash escrow; and

WHEREAS, the Assistant Township Engineer certifies that all work has been satisfactorily completed; and

WHEREAS, the Assistant Township Engineer recommends that the Township Committee take action to release the $1,000.00 cash escrow that was posted for the completion of the project.

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

7. Resolution authorizing the transfer from Engineering inspection fees to the Treasurer’s account.

WHEREAS, in accordance with the attached summary of accrued Engineering charges related to various indicated projects ending November 30, 2006, a total of $26,322.42 should be transferred from the Engineering Escrow Account into the Treasurer’s Account as indicated; and

WHEREAS, each of the project line items has been verified against the Treasurer’s Office account records to ensure that sufficient funds are available for these transfers of 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 $26,322.42 is to be transferred from the Engineering Escrow Accounts into the Treasurers Account per the attached summary.

8. Resolution approving an application for a raffle license by Hillsborough High School Bandwagon Association.

Whereas, an application for a raffle license had been filed by the Hillsborough High School Bandwagon Association for raffles being held on January 27, 2007 and April 27, 2007; and

Whereas, the submitted application form was complete in all respects.

Now, Therefore, Be It Resolved by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby approves the raffle application #1045 to Hillsborough High School Bandwagon Association for raffles being held on January 27, 2007 and April 27, 2007.

9. Resolution approving an application for a bingo license and a raffle license by St. Mary’s Byzantine Catholic Church PTA.

Whereas, an application for a bingo license and a raffle license has been filed by St. Mary’s Byzantine Catholic Church PTA for bingos and raffles being held on:

|January |July |

|3rd-10th-17th-24t -31st |11th-18th-25th |

|February |August |

|7th-14th-21st-28th |1st-8th-15th-22nd-29th |

|March |September |

|7th-14th-21st-28th |5th-12th-19th-26th |

|April |October |

|4th-11th-18th-25th |3rd-10th-17th-24th -31st |

|May |November |

|2nd-9th-16th-23rd-30th |7th-14th-21st-28th |

|June |December |

|6th-13th-20th-27th |5th-12th-19th-26th |

Whereas, the submitted application forms are complete in all respects.

Now, Therefore, Be It Resolved by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby approves Bingo and Raffle application #1044 and #1049 to St. Mary’s Byzantine Catholic Church PTA for bingo and raffles being held on the above dates.

10. Resolution approving an application for a bingo license and a raffle license by St. Mary’s Byzantine Catholic Church PTA.

Whereas, an application for a bingo license and a raffle license has been filed by St. Mary’s Byzantine Catholic Church for bingos and raffles being held on:

|January |July |

|6th-13th-20th-27th |7th-14th-21st-28th |

|February |August |

|3rd -10th-17th-24th |4th-11th-18th-25th |

|March |September |

|3rd -10th-17th-24th-31st |1st-8th-15th-22nd-29th |

|April |October |

|14th-21st-28th |6th-13th-20th-27th |

|May |November |

|5th-12th-19th-26th |3rd-10th-17th-24th |

|June |December |

|2nd-9th-16th-23rd-30th |1st-8th-15th-22nd-29th |

Whereas, the submitted application forms are complete in all respects.

Now, Therefore, Be It Resolved by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby approves Bingo and Raffle application #1043 and #1050 to St. Mary’s Byzantine Catholic Church for Bingo and Raffles being held on the above dates.

11. Resolution authorizing the Mayor and the Township Administrator/Clerk to execute an Agreement between Dave Kass and Mildred Kass and the Township of Hillsborough.

WHEREAS, the Township has initiated a Water Service Installation Project along South Branch Road and East Mountain Road, which includes property owned by Dave Kass and Mildred Kass (Block 149.08, Lot 88); and

WHEREAS, upon recommendation of the Township Health Officer Dr. Glen Belnay, the Township Committee authorizes the Mayor and the Township Administrator/Clerk to execute an agreement with Mr. and Mrs. Kass reimbursing them in the sum of $4,000.00 for work done on their property and as a result of the Water Service Installation Project.

NOW, THEREFORE, BE IT RESOLVED by the Township of Hillsborough, County of Somerset, State of New Jersey that the Mayor and the Township Administrator/Clerk are hereby authorized to execute an Agreement with Dave Kass and Mildred Kass.

Upon motion by Committeeman Drake, seconded by Committeewoman Nisivoccia, the consent items were unanimously approved upon call of the roll.

CLAIMS LIST

Mayor Suraci presented Claims List 2006-22.

Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner, Claims List 2006-21 was unanimously approved upon call of the roll.

EXECUTIVE SESSION

EXECUTIVE SESSION RESOLUTION

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

WHEREAS, Section 8 of the Open Public Meetings Act (N.J.S.A. 10:4-12 (b) (1-9), Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, the Township Committee is of the opinion that such circumstances exist;

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

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matters.

2. The general nature of the subject matter to be discussed is as follows:

a. Personnel: William Radano, Assistant Tax Assessor

3. The Township Committee may take official action on those items discussed in Executive Session upon completion of the Executive Session.

4. The minutes of the discussions shall be made available to the public as soon as the matters under discussion are no longer of a confidential or sensitive nature.

5. This Resolution shall take effect immediately.

Executive Session commenced at 8:30 p.m.

Committeeman Wagner motioned to come out of executive session at 9:10 p.m.; said motion was seconded by Committeewoman Nisivoccia and unanimously adopted upon the call of the roll.

ADJOURNMENT

Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the meeting duly adjourned at 9:15 p.m. Said motion carried unanimously upon voice vote.

Attested:

Kevin P. Davis, RMC

Township Clerk

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download