proclamation - cit-e2008/07/22 · whereas, mr. mullady’s actions reflect great credit upon...

Meeting Minutes July 22, 2008

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Minutes of the Regular Meeting of the Township Committee of the Township of Hillsborough, in the County of Somerset, State of New Jersey, held in the Municipal Complex at 7:30 p.m. on the above date. Upon call of the roll, the following Committee members were recorded present: Committeewoman Lisa Nisivoccia, Committeeman Carl Suraci, Committeeman Bob Wagner, Deputy Mayor Frank DelCore and Mayor Anthony Ferrera. Also in attendance were Township Attorney Albert Cruz, Township Administrator/Clerk Kevin P. Davis and Assistant to the Administrator, Dianne Borngesser. Following the Salute to the Flag, Mayor Ferrera advised that notice of this Regular Session was made in accordance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975, by posting on the bulletin board at the Municipal Building and by mailing to the Township’s official newspapers, a notice that this regular session would take place at the Hillsborough Municipal Building at 7:30 p.m. on July 22, 2008.

PROCLAMATIONS

• Proclamation honoring John Mullady OEM Proclamation

WHEREAS, President George W. Bush, in his 2002 State of the Union Address, called on all Americans to become involved in strengthening the nation’s communities; and

WHEREAS, Community Emergency Response Teams provide a way for citizens to improve emergency preparedness; and

WHEREAS, on May, 28, 2008, John Mullady assisted Lieutenant Joe Geleta, of the New Jersey Office of Emergency Management, at the Governor’s Volunteer Conference held at the Double Tree Hotel in Somerset; and WHEREAS, he volunteered to assist the staff of the Governor’s Volunteer Conference with directing over 600 registered attendees to the event and assisted as a moderator for some of the workshop presentations; and WHEREAS, this member of the Hillsborough Office of Emergency Management deserves to be commended and applauded for his efforts; and WHEREAS, Mr. Mullady’s actions reflect great credit upon himself and the Hillsborough Township community and without his valued assistance, it is doubtful that the event could have run as smoothly as it did. NOW, THEREFORE, BE IT PROCLAIMED that we, the members of the Hillsborough Township Committee do hereby recognize John Mullady as an example to our community through his high level of achievement, leadership and community service, and we are very proud that John Mullady is a member of our community.


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APPROVAL OF MINUTES

• Approval of the June 10, 2008 Regular Meeting Minutes

Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner,

the minutes of the June 10, 2008 Regular Session were unanimously approved upon the call of the roll.

• Approval of the June 24, 2008 Regular Meeting Minutes

Upon motion by Committeeman Suraci, seconded by Deputy Mayor DelCore, the minutes of the June 24, 2008 Regular Session were approved upon the call of the roll.

Yes – Suraci, Wagner, DelCore, Ferrera Abstain – Nisivoccia

• Approval of July 8th Executive Session Minutes

Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner, the minutes of the July 8, 2008 Executive Session were unanimously approved upon the call of the roll. REPORTS FROM COMMITTEE LIAISONS, AND RECEIPT OR REPORTS, PETITIONS OR COMMUNICATIONS Committeewoman Nisivoccia Not at this time. Committeeman Suraci Committeeman Suraci reported the status of the Affordable Housing Bill A‐500, which was discussed at our last meeting. Despite the pleas by the League of Municipalities and numerous communities including Hillsborough to veto a bill that is detrimental to property taxpayers, Governor Corzine signed the Affordable Housing bill A‐500 last Thursday. Committeeman Suraci took a few quotes from the Governor’s press release from when he signed the bill. The Committeeman said this is fiction, and he is going to compare those quotes to realities of the new law. The Governor first states, “The bill will ultimately enhance the quality of life for everyone in this state.” Committeeman Suraci said actually what it does is raise property taxes.


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The Committeeman stated that A‐500 eliminates a municipalities’ ability to gain affordable housing credits. By funding of affordable housing in another community that needs the assistance through what were called Regional Contribution Agreements (RCA’s). The loss of RCA’s will require greater number of affordable housing units to be built in Hillsborough and in all suburban communities. This creates additional population and an increase in the local and school tax burden, over and above the anticipated property tax impact of the latest COAH regulations. Committeeman Suraci said next, the Governor’s release states, “The bill lays the ground work to reach our ultimate goal of ensuring that housing is available to all residents of New Jersey”. The Committeeman said again this is fiction. The Hillsborough Beacon editorialized A‐500 will have a negative impact on communities that need affordable housing for their residents. Committeeman Suraci stated two weeks ago that the very people this housing policy is supposed to be helping are the big losers with the elimination of RCA’s, as are the property taxpayers. The Committeeman announced next, the bill’s sponsor Senator Lesniak said, “The bill will promote smart growth and economic development.” Committeeman Suraci said no it won’t. According to the New Jersey League of Municipalities the bill relieves the commercial development community of most of their financial obligation for the affordable housing that becomes required by their development and shifts that burden to the property taxpayers. This will make every town in this state extremely wary of any major commercial development that will add to the affordable number of housing units required. This does not provide the funding to build those units. Committeeman Suraci believes this will stifle economic development. Committeeman Suraci said according to the release the bill expands the types of properties to be excluded from being designated as vacant land, including preserved farm lands, environmentally restricted areas and recreation sites. If this is true Hillsborough’s state mandated obligation would have, and should have been reduced. We have no indication that anything with regards to reduction of our state mandate will occur. The Committeeman said what Trenton is saying about this bill is not true. Committeeman Suraci said we will see if our affordable housing obligation goes down, he does not believe so. Committeeman Wagner Not at this time. Deputy Mayor DelCore Not at this time. Mayor Ferrera Mayor Ferrera thanked the Parks and Recreation Department for their work with the Camp Out and Fishing Derby. There were almost three hundred residents who participated. The Mayor also thanked the residents for their participation.


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Mayor Ferrera said the other members of the Township Committee join me in offering our congratulations to Franklin Township, here in Somerset County, for being selected by Money Magazine to join Hillsborough as one of the best places to live in America. Money Magazine looked at cities in the over 50,000 population category this year in selecting Franklin. The Mayor stated that last year the Magazine selected Hillsborough as one of the best places to live in the under 50,000 in population category. In Franklin’s selection, it is great to see Somerset County continuing to be represented, as it should be, on the Money Magazine list. Mayor Ferrera reported in anticipation of the July 31st Planning Board meeting, where an adjustment to the Highway Service zone on the northern part of Route 206 will be discussed, notices are being sent out to the property owners who are in the impacted area. Mayor Ferrera believes it is important to have property owners’ input earlier in the re‐zoning process. The zone adjustment is being considered because of issues brought up at the public hearing, by representative of the commercial enterprises in the Brown Avenue area. The proposed change will only impact on property owners in that area. The Mayor said while the staff is working on establishing a set policy, the least the Township can do at this point is send a letter to area property owners in anticipation of the meeting. Mayor Ferrera encouraged residents to come out and support the Rotary Fair. The fair is open today until 10:00 p.m., Wednesday through Saturday until 11:00 p.m. and Tuesday, Thursday and Saturday is our wristband night. Mayor Ferrera mentioned that this was the first annual Fishing Derby in memory of Dave Thomas. The Recreation Department had a lighted fountain that memorialized Dave Thomas for all the hard work he has done in the past for the Fishing Derby.

NEW BUSINESS

None at this time. PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA None at this time.


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PUBLIC HEARINGS

Ordinance 2008‐23 An Ordinance authorizing acceptance of two (2) easements from Hillsborough Lawn and Garden Equipment, Inc., for a plaza and monument easement and variable width reserved parcel over a portion of Lot 20 in Block 178 on the tax map of the Township of Hillsborough, County of Somerset, State of New Jersey.

Committeeman Wagner moved to open the public hearing on Ordinance 2008‐23. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously by voice vote. Mayor Ferrera said this ordinance, pursuant to a requirement in the resolution of site plan approval by the Zoning Board of Adjustment, establishes an easement on the property at the corner of Raider Boulevard and Route 206, which will allow for the area to be recognized for its historic significance with a public plaza and monument. Committeeman Suraci moved to close the public hearing on Ordinance 2008‐23. Said motion was seconded by Committeeman Wagner and carried unanimously by voice vote.

Committeeman Suraci moved to adopt Ordinance 2008‐23. Said motion was seconded by Deputy Mayor DelCore and carried unanimously upon call of the roll.

Ordinance 2008‐24 An Ordinance accepting $10,000 in additional funding from the Woods Road Fire Company for an Emergency Generator for Firehouse #3, and amending Ordinance 2006‐21 entitled “An Ordinance amending Ordinance 2006‐13 appropriating certain monies held by and contributions to be received by the Township of Hillsborough, County of Somerset, State of New Jersey, for the purchase of various Capital Improvements in the amount of $1,775,950, in and for the Township of Hillsborough.”

Committeeman Wagner moved to open the public hearing on Ordinance 2008‐24. Said motion was seconded by Committeeman Suraci and carried unanimously by voice vote.

Mayor Ferrera stated this ordinance amends the 2006 capital ordinance, to add $10,000 in revenue and appropriation to the line for an emergency generator which will allow Firehouse #3 to become an emergency shelter under Red Cross rules. The Woods Road Fire Company is contributing the $10,000 to help with the purchase of the generator. The other funds for the purchase came from a developer contribution from Toll Brothers.

The Mayor said having an emergency shelter, in addition to the Municipal Building, particularly one located in another part of the Township, is an important addition to Hillsborough’s ability to respond to emergencies and protect our citizens.


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Mayor Ferrera thanked Mark Brownlie and the folks from Woods Road. The Mayor’s hope is to eventually have four different areas in town for emergency shelters under the Red Cross rules. Deputy Mayor DelCore moved to close the public hearing on Ordinance 2008‐24. Said motion was seconded by Committeeman Suraci and carried unanimously by voice vote.

Committeeman Wagner moved to adopt Ordinance 2008‐24. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll.

Mayor Ferrera asked the concurrence of the Committee to move to Consideration #1 at this time.

1. Resolution regarding the proposed water quality management (WQM) plan amendment requested by Duke Farms.

WHEREAS, Duke Farms desires to provide for the orderly development of a wastewater facility within the Township of Hillsborough; and

WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) requires

that proposed wasterwater treatment and conveyance facilities and wastewater treatment services areas, as well as related subjects be in conformance with an approved WQM plan; and

WHEREAS, the NJDEP has established the WQM plan amendment procedure as the

method of incorporating unplanned facilities into a WQM plan; and WHEREAS, a proposed WQM plan amendment noticed in the New Jersey Register on

July 7, 2008 for Duke Farms has been prepared by Langan Engineering & Environmental Services.

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

1. The Township of Hillsborough hereby consents to the Water Quality Management (WQM) Plan Amendment, and publicly noticed on July 7, 2008, prepared by Langan Engineering & Environmental Services for the purpose of its incorporation into the applicable WQM plan.

2. This consent shall be submitted to the NJDEP in accordance with the N.J.A.C. 7:15‐3.4.


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Mayor Ferrera said Duke Farms has requested the Township’s endorsement for a Water Quality Management Plan Amendment. The amendment proposes a modified service area on the property, to meet the service needs for a proposed new orientation center.

Mayor Ferrera stated that there are representatives of Duke Farms here with us tonight who will provide an overview of the Dukes’ proposed improvements at the property and to discuss the water quality amendment.

Mayor Ferrera said Ms. Sue Brasfield from Maser Consulting, the Township Engineer, is also here to provide some background for the Township Committee.

Mr. Edward Ahart from Duke Farms said that Duke Farms has submitted an application to the New Jersey Department of Environmental Protection to amend the Wastewater Quality Management Plan. Mr. Ahart explained first, to handle the new facilities as the Mayor spoke about and the new mission of the foundation, and second that this is a lead opportunity to see current thinking in development in wastewater management.

Mr. Ahart said Duke Farms hopes to be an example of environmental leadership in this community. The Department of Environmental Protection process requires that the Township, the Municipal Utilities Authority and the County be notified and their consent sought.

Mr. Holleman and Mr. Woodruff, two members of the design team that Duke Farms has engaged to help design the facilities spoke of the improvements and the water quality management plan.

Mayor Ferrera thanked Mr. Holleman and Mr. Woodruff for their presentation.

Ms. Sue Brasfield from Maser Consulting, the Township Engineer, said she reviewed the Duke’s proposal and researched the constructed wetlands. The New Jersey Department of Environmental Protection has been encouraging the use of the constructed wetlands wherever possible because it is a green technology, it returns the water to the ground in the same location and it is a cleaner effluent than a standard septic system.

Deputy Mayor DelCore asked if there have been any issues that have arisen from any of the other locations that have implemented this technology. Ms. Brasfield said over the years the technology and the systems have improved. Ms. Brasfield also stated that she did look on the website for the system that Duke Farms is proposing and she has investigated a couple of other systems and all are working well.

Mr. Davis, Township Administrator/Clerk, stated to Mr. Ahart that we are not approving this technology or approving this septic system, the decision will be made by the Department of Environmental Protection.

Mr. Ahart explained that this is an application to the Department of Environmental Protection. The Department of Environmental Protection requires public notice and consent from the


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Municipality, the Municipal Utilities Authority and the County. The decision is made by the Department of Environmental Protection.

Mr. Davis asked how this is monitored over time. Mr. Woodruff said in terms of the long term maintenance, the firm who specializes in these designs and the designs you have seen, there is a firm who will be contracted to operate and maintain the system. There are permit requirements that the Department of Environmental Protection (DEP) places as part of the DEP process. Mr. Davis announced that we did receive communication from the Executive Director of the Hillsborough Municipal Utilities Authority. The Utilities Authority has not yet considered this, and this is on their agenda for tomorrow night. Mr. Davis said that Gary Nucera, Executive Director, noted that he went out to the Willow School in Bedminster and examined the on‐site waste disposal system that is there to see how well it works. Mr. Nucera said the technology is cutting edge and is unique. There is a similar process in Hillsborough at the Hillsborough Chase, which has worked very effectively their without problems. Mr. Davis confirmed with Mr. Ahart as to the Planning Board having to ultimately look at site plan that is proposed by Duke Farms for changes that are taken place. Mr. Ahart said there will be site plan application before the Planning Board for all of these issues. Upon motion by Committeeman Wagner, seconded by Committeeman Suraci, the aforesaid resolution was unanimously approved upon call of the roll.

Mayor Ferrera asked the concurrence of the Committee to move to Consideration #8 at this time.

8. Resolution authorizing a change order No. 2 for a reduction in cost for the Mountain View Area Sanitary Sewer Extension (M.S.P. Construction Corporation.)

WHEREAS, on December 26, 2007, M.S.P. Construction Corporation was awarded a contract for the Mountain View Area Sanitary Sewer Extension project in an amount not to exceed $625,152.12; and WHEREAS, on February 26, 2008, by way of resolution, the Township Committee issued Change Order No. 1 to M.S.P. Construction Corporation for the Mountain View Area Sanitary Sewer Extension project in an amount of $26,435.00; and

WHEREAS, it has been determined that there are various changes resulting in a cost reduction of $10,019.13 to the contract, the changes are as follows:


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WHEREAS, the Township can issue a change order to reduce the contract by an

amount of $10,019.13, making the total contract awarded to M. S. P. Construction Corporation $641,567.99. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it does hereby authorize the execution of the above Change Order, to the contract awarded to M.S.P. Construction Corporation. Mayor Ferrera stated that the completion of the Mountainview Sewer project has resulted in an approximately $10,000 reduction in the total cost of the project. This change order establishes a $10,000 credit on the billing from the contractor, a good job by John Van Dorpe and Sue Brasfield, our engineers on the project, from Maser Consulting.


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Mayor Ferrera has stated on numerous occasions that the sewer project is paid for through a special assessment on the property owners who are benefiting from the improvement.

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

INTRODUCTION OF NEW ORDINANCES Ordinance 2008‐26 An Ordinance amending Chapter 169 of the Code of the Township of

Hillsborough, Titled “Fire Zones”, Section 5, Titled “Fire Zones Designated.” Further consideration of this ordinance and public hearing will be held on August 26, 2008.

Mayor Ferrera said this ordinance extends the fire safety no parking zones near Cardinal Village on Robin Road based upon the recommendation of the Chief Fire Marshal and at the request of the residents. Committeeman Wagner moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on August 26, 2008 at 7:30 p.m. Said motion was seconded by Committeeman Suraci and unanimously approved upon call of the roll.

Ordinance 2008‐27 An Ordinance authorizing financing for the lease‐purchase of an Emergency Vehicle and related emergency rescue equipment through the Somerset County Improvement Authority’s Somerset Municipal Banc Program. Further consideration of this ordinance and public hearing will be held on August 26, 2008.

Mayor Ferrera stated that this ordinance provides for the funding for the Hillsborough Rescue Squad’s Emergency Rescue Vehicle and equipment through the Somerset County Improvement Authority’s lease‐purchase program. The rescue vehicle will replace an aging 16 year old rescue unit and keep Hillsborough’s emergency rescue service on the leading edge of technology.

Mayor Ferrera said both the new vehicle and equipment will provide state of the art electronic, mechanical and computer technology which can make a difference in the few moments of time that can save a person, facing a life threatening emergency situation.


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The Mayor stated that the replacement of the older vehicle was ranked as the #5 priority by the Township’s Capital Planning Committee in 2007. The Capital Planning Committee also recommended financing the acquisition, because of its significant cost and expected long term service. We anticipate the new vehicle to have a 15 to 20 year life in service to our community.

Mayor Ferrera said based on the bids received for both the vehicle and equipment, the total of the lease purchase agreement is $693,000.

The Mayor stated that Hillsborough is fortunate to be able to access the lease purchase program, available through the Somerset County Improvement Authority, to support the acquisition of the emergency vehicle and equipment. Because of the County’s triple A bond rating, the Township gains the advantage of the lowest possible interest rate for the lease program.

Mayor Ferrera said the lease will run for 10 years on the vehicle and 5 years on the equipment, at which time, Hillsborough has the option to purchase each for $1. Ultimately, what we have is a necessary major capital improvement, which provides the best life saving technology available, combined with a shared service with the County, providing a funding program that minimizes the impact on taxpayers. Mayor Ferrera said in my book that is a win, win situation.

Committeeman Wagner agreed with the Mayor that this is a win, win situation for the residents of Hillsborough. The Committeeman believes it is a priority to upgrade the Hillsborough Rescue Squad’s ability to provide the fastest possible extrication in the event of an emergency situation, where individuals face life threatening entrapment.

Committeeman Wagner said many people have asked him if we really need this vehicle and equipment, and how often will it be used. The Committeeman stated that we hope it is never needed. However, when it is necessary to extricate someone from a life threatening situation, the Rescue Squad has the capability.

Committeeman Wagner said the extrication equipment will be more powerful, up to date and the vehicle carrying it will be larger and must be able to accommodate the future technological improvements. All of this comes at a high cost. Committeeman Wagner stated that we are very fortunate to have the County Improvement Authority’s lease‐purchase program, which makes a capital improvement possible. Committeeman Wagner said we are taking the right steps.

Committeeman Suraci stated that this is a necessary major capital expenditure, which is appropriate for the purchase to be made out over time because of the life expectancy and the cost. The Committeeman said we are advised that the vehicle will take six to nine months to build and there is no impact on the 2008 budget because the lease payments will not begin until next year.

Committeeman Suraci said the Township Committee has planned and prepared for this type of major capital outlay through a debt reduction program that began three years ago. The results of that program have cut the debt by 1.8 million, creating financial flexibility. The


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lease‐purchase of the rescue vehicle is not adding to the debt load. The Committeeman said by availing ourselves to the triple A Bond rating of Somerset County, we gained the benefit of the lowest possible interest rates. Now the rates are 3.24% for a 5 year term or 3.75% for a 10 year term. Committeeman Suraci said by making these businesslike decisions the debt is reduced and managed purposefully.

Committeeman Suraci stated that there is the lowest possible interest impact through the lease‐purchase program and the rescue squad is able to continue to provide the high level of emergency service that the residents of Hillsborough have come to expect.

Mayor Ferrera said having Hillsborough’s emergency rescue service on the leading edge of technology will help protect the rescue squad members and all our emergency personnel.

Committeeman Wagner moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on August 26, 2008 at 7:30 p.m. Said motion was seconded by Committeeman Suraci and unanimously approved upon call of the roll.

CONSIDERATIONS

Mayor Ferrera offered the following resolutions:

1. Resolution regarding the proposed water quality management (WQM) plan amendment requested by Duke Farms.

(considered earlier in the meeting)

2. Resolution authorizing the purchase, through the bid process, of the Senior Citizen Bus to American Bus & Coach, LLC in the amount of $52,686.00.

WHEREAS, sealed bids were opened and read on July 15, 2008 at 10:00 A.M., which was the time and place as provided for in the Invitation to Bid titled “New 2006 or Newer 12 Passenger + 2 Wheelchair Position Mini Bus” in accordance with Local Public Contracts Law; and

WHEREAS, bids were received for these goods and supplies as follows:


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Bidder Base Bid

American Bus & Coach, LLC $52,686.00

Wolfington Body Company, Inc. $66,090.00

WHEREAS, American Bus & Coach, LLC submitted the low bid in the amount of

$52,686; and WHEREAS, the Township Attorney reviewed the proposals and provided the

Township Committee with his comments regarding same; and WHEREAS, the Township Committee believes it is in the best interest of the Township

to award the contract to American Bus & Coach, LLC; and

WHEREAS, funds are available to make such purchase and the Acting Finance Director has so certified; said certification is attached to this Resolution.

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

1. An award of contract for a 12 passenger + 2 wheelchair position mini bus in the amount of $52,686 is made to American Bus & Coach, LLC.

2. The Mayor and Township Administrator/Clerk are hereby authorized to execute

the Township standard form of contract which shall delineate within it all of the terms of this Resolution and the right of the Township Clerk to determine if and when the goods are needed.

Mayor Ferrera said the replacement of the 1994 Senior Citizen bus purchased from Somerset County for $1 was ranked as the # 3 priority by the Capital Planning Committee earlier this year. The bus will seat 12 to 14 passengers and has the capacity for two wheel chair lifts.

The Mayor stated that he was advised by the Social Services Director that the demand for the Township senior transportation system continues to escalate. This is an important service the Township is able to provide our growing senior citizen population. Funding for this purchase comes from the capital improvement fund and the capital ordinance approved in May.

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


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3. Resolution authorizing the purchase of two (2) Ford F550 Chassis Cab trucks, with plows and salt spreader, by state contract, from Princeton Nassau/Conover Ford for a total cost of $109,320.00

WHEREAS, there is a need to purchase two (2) Ford F550 Chassis Cab Trucks for the Department of Public Works in the Township of Hillsborough, County of Somerset, State of New Jersey; and WHEREAS, the Director of Public Works and Township Administrator/Clerk recommend purchasing, through state contract number #A69873 T2559, these vehicles from Princeton Nassau/Conover Ford, in the amount of $109,320 for two (2) vehicles and equipment as noted in proposal by Princeton Nassau/Conover Ford dated June 24, 2008; and WHEREAS, funds are available as evidenced by the Acting Director of Finance’s Certification attached to this resolution. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Township Administrator/Clerk is hereby authorized and directed to forward a Purchase Order as follows: State Contract Vendor Contract Number Purpose Total Cost Princeton Nassau/ #A69873 (2) 2008 Ford F550 $109,320.00 Conover Ford T2559 Chassis Cab Trucks

Mayor Ferrera stated that the replacement of two 1989 dump trucks used for plowing, salt spreading, and other projects in the Department of Public Works, was also recommended highly by the Capital Planning Committee. Obviously the ability of the Department to safely and efficiently handle winter storms is a vital part of the Township’s municipal services. The strain of winter use of these vehicles, for nearly 20 years, cannot be overstated. The Mayor said, no one can accuse the Hillsborough Public Works Department of not getting every drop of life they can from vehicles and equipment.

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

4. Resolution awarding contract 2008‐01 “2008 Road Maintenance, Construction and Paving Materials”, Item No. 27 Only for high temperature joint sealing compound at a cost of $4,380 to Micro Pave Systems, Inc.

WHEREAS, the Assistant Township Engineer, has determined that there is a need for the acquisition of the following:

“2008 Road Maintenance, Construction and Paving Materialsʺ, item no. 27 only; and


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WHEREAS, sealed bids were opened and read on July 9, 2008, at 10:00 a.m. which was the time and place provided for in the Invitation to Bid entitled “2008 Road Maintenance, and Construction and Paving Materials”; and WHEREAS, the Assistant Township Engineer has reviewed the bids, provided the Township Committee with his memorandum dated July 9, 2008, and has made the following recommendations for award, which are as follows:

Bid Item

Description

Recommended Vendor

Unit Price

Total Price

Past 2006

Past 2005

27 High Temperature Joint Sealing Compound

Micropave 0.73/lb $4,380.00 0.51 No Bid

WHEREAS, the Township Attorney has reviewed the bid packages of the

recommended vendor set forth hereinabove and finds them to be in conformance with the Local Public Contracts Law and the Township Instruction to Bidders; and

WHEREAS, a certification of availability of funds shall be made in connection with

each purchase order in accordance with N.J.A.C. 5:34‐5.3(b)(2); and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township

of Hillsborough, County of Somerset, State of New Jersey as follows: 1. Awards of contract are hereby made at the unit price for each bid item and to the lowest

responsible bidder for each bid item, as set forth herein above with the understanding that the minimum quantity is zero and the maximum amount based upon the bid quantity as tabulated in the bid summary and as further adjusted as provided in the Township contract specifications.

2. The Mayor and Township Clerk are hereby authorized to execute the Township’s standard

form of contracts for goods, products and supplies and for services with each of the successful bidders in each of the various categories in accordance with the recommendations of the Assistant Township Engineer as set forth herein above.

Mayor Ferrera reported when the original bids for road paving materials were received in June, the bid on this material was deficient. Upon rebidding, Micro Pave Systems has now provided a responsive bid.


5. Resolution authorizing the following personnel actions:

a. Hiring of Louis Walakonis to fill the vacant position of Technical Assistant in the Building Department, at a salary of $33,112, effective July 23, 2008.

b. Granting permanent status to Eric Dabek, Public Works Worker I, effective August 4, 2008.


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c. Granting Public Works Worker Thomas Winchatz, at his request, a twelve‐week medical leave of absence without pay pursuant to FMLA 29 U.S.C.A. §2601 et. seq.

WHEREAS, there exists a vacancy in the position of Technical Assistant in the Construction Department, due to the transfer of John DeDomenico to the Finance Department; and WHEREAS, the Director of Building and Construction recommends the hiring of Louis Walakonis as Technical Assistant in the Construction Department at an annual salary of $33,112, effective July 28, 2008; and WHEREAS, Eric Dabek was hired as Public Works Worker I in the Public Works Department on February 4, 2008; and WHEREAS, the Director of Public Works certifies that Mr. Dabek has performed his duties and assignments in a capable and competent manner; and WHEREAS, having qualified for regular employee status during the six‐month probationary period, the Director of Public Works recommends that regular employee status be conferred upon Mr. Dabek, effective August 4, 2008; and WHEREAS, at the request of Thomas Winchatz, he is granted a 12‐week unpaid leave of absence effective July 20, 2008 pursuant to FLMA 29 U.S.C.A. §2601 et. seq. ; and NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the recommendations of the Director of Building and Construction, Director of Public Works are hereby accepted and approved.

Mayor Ferrera said Mr. Walakonis fills the vacancy in the Building Deparatment created by the transfer of John DeDomenico to Finance where Mr. DeDomenico replaced Helga Leash, who retired earlier this year. We congratulate Mr. Dabek upon the completion of his probationary period. Mr. Winchatz is a mechanic in the Public Works Department who is entitled, under federal law, to his requested medical leave without pay.

Committeeman Suraci said he had the pleasure of interviewing Mr. Walakonis and found him to be highly qualified for the position. Committeeman Suraci stated that Mr. Walakonis was recommended by the Director of the Building Department, Ron Skobo, and the Committeeman made his formal recommendation of his hiring.

Mayor Ferrera thanked Mr. Skobo for the great job he continues to do in his department. Upon motion by Committeeman Suraci, seconded by Deputy Mayor DelCore, the aforesaid resolution was unanimously approved upon call of the roll.


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6. Resolution authorizing the Mayor and the Township Administrator/Clerk to execute a Developer’s Agreement with Interstate Development Services, Inc. for Block 178, Lot 20.

WHEREAS, on September 27, 2006, Interstate Development Services, Inc.

(“Developer”), received Preliminary and Final Site Plan approval, including bulk variances and design waivers, from the Township of Hillsborough’s Zoning Board of Adjustment (“Board”) for a 13,013 square foot CVS and a 6,000 square foot retail building, which approval was memorialized on October 25, 2006; and

WHEREAS, the approval was granted subject to, among other things, the execution of

a Developer’s Agreement between the Township of Hillsborough and the Developer; and WHEREAS, the Township and Developer have negotiated a Developer’s Agreement

consistent with the Board’s approval. 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 the Township Administrator/Clerk are hereby authorized to execute the Developer’s Agreement with Interstate Development Services, LLC.

Mayor Ferrera said this developer’s agreement is a requirement of the Zoning Board of the Adjustment approval for the pharmacy which will be built at the corner of Raider Boulevard and Route 206. As with the earlier easement ordinance, the agreement calls for the development of a public historic site at the corner. It also allows for the interconnection of the property with adjacent properties to minimize the need for citizens using one establishment to go back onto Route 206 to use the adjacent stores.


7. Resolution approving the terms and conditions for a memorandum of agreement (MOA) between the Township of Hillsborough and the Hillsborough Township Public Works Employees Association, Blue Collar Unit, regarding union status of part time employees and authorizing the Mayor and the Township Administrator/Clerk to execute the agreement.

Consideration #7 was tabled.

8. Resolution authorizing a change order No. 2 for a reduction in cost for the Mountain View Area Sanitary Sewer Extension (M.S.P. Construction Corporation.)

(considered earlier in the meeting)


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CONSENTS Mayor Ferrera offered the following consent agenda:

1. Resolution approving the use of water truck at the 2008 Somerset County 4‐H Fair by the Somerset County 4‐H Go‐Kart Club to water down the dirt track on August 13th through August 15th.

WHEREAS, the Somerset County 4‐H Go‐Kart Club has requested the use of the Township’s water truck to water down the dirt track at the 2008 Somerset County 4‐H Fair to be held on August 13th through August 15th; and WHEREAS, the Department of Public Works recommends that the Somerset County 4‐H Go‐Kart Club’s request be approved.

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 Somerset County 4‐H Go‐Kart Club’s request to use the Township’s water truck at the 2008 Somerset County 4‐H Fair to be held on August 13th through August 15th.

2. Resolution authorizing the transfer from Planning/Board of Adjustment escrow to the Treasurers account.

WHEREAS, that in accordance with the following summary of accrued Planning and Zoning charges related to plan review for April, May and June 2008, a total amount of $4,202.06 should be transferred from the Planning/Board of Adjustment Escrow Accounts into the Treasurers Account as indicated; and WHEREAS, that each of the project line items has been verified against the Treasurer’s Office account records for the period beginning 04/01/08 and ending 06/31/08 to ensure that sufficient funds are available for these transfers for unanticipated revenues. NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that a total of $4,202.06 is to be transferred from the Planning/Board of Adjustment Escrow Accounts into the Treasurers Account.

Client Project No. Amount Bessasparis, Daniel & Diane BA-08-06 $ 85.91 Corcoran, Thomas & Karen BA-08-05 $ 42.95 Erickson Retirement Community DR-08-03 $ 816.05 Faith Lutheran Church BA-06-33 $ 42.95 Finne, James BA-07-14 $ 561.07 Foothill Acres Rehabilitation & Nursing Center BA-04-43 $ 21.48 Gries, Kenneth & Susan BA-08-04 $ 42.95 Growing Together at Brookhaven BA-07-36 $ 42.95 Hillsborough Estates-Final Plat 08-PB-11-MJF $ 257.70 Hillsborough Promenade 08-PB-03-MRV $ 300.65 Hillsborough Towers, LLC (Extension) BA-05-25 $ 21.48 Hillsborough Veterinary Hospital BA-05-29 $ 21.48


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Labas, Paul BA-08-11 $ 85.90 McPherson-Kopels 07-PB-05-MJF $ 21.48 Minakas, Lara & Evangelos BA-08-08 $ 21.48 Mountain View Plaza BA-08-02 $ 107.38 Pat Richard, LLC BA-08-09 $ 214.75 PSE&G-Branchburg-Flagtown Line BA-08-07 $ 300.65 Roth, Jeffrey BA-04-41 $ 214.75 Scagliotta, Richard A. BA-08-10 $ 214.75 Shields, Donald BA-08-01 $ 21.48 T&T Realty Associates, LLC 08-PB-10-MRV $ 429.50 Wiacek, Joseph 07-PB-12-MRV $ 38.48 Zamkotowicz, John 07-PB-26-MJ $ 273.84 Total Transfer: $ 4,202.06

3. Resolution approving the request from Michael and Christina Diventi for the release of development review escrow, in the amount of $548.37.

WHEREAS, a request has been received from Michael and Christina Diventi 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 $548.37 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.

4. Resolution authorizing the Township of Hillsborough to enter into an agreement with Somerset County for the installation of a traffic control signal at Somerset Courthouse Road (County Route 533 Bypass) and Hamilton Road upon the recommendation of the Hillsborough Township Chief of Police.

WHEREAS, a traffic condition exists at the intersection of Somerset Courthouse Road

(County Route 533 Bypass) and Hamilton Road, Township of Hillsborough, Somerset County which requires the installation of a traffic control signal in order to minimize accidents; and

WHEREAS, it necessary to expedite the safe movement and conduct of pedestrian and vehicular traffic; and WHEREAS, the County of Somerset has proposed a form of agreement pertaining to the maintenance of said traffic control signal.

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


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1. That the Township Mayor and Township Clerk are hereby authorized to enter into an agreement with the County of Somerset for the purpose aforesaid, a copy of said agreement being attached hereto and made part hereof.

2. That certified copies of this resolution shall be transmitted to the County of Somerset together with the original and three (3) copies of the agreement.

5. Resolution authorizing refund of building permit fees in the amount of $7,065.00 to Ryan Homes. WHEREAS, Ryan Homes paid for permits #2006‐0077 and #2006‐0097 in the amount of $7,392.00, of which $327.00 represents non‐refundable plan review fees and: WHEREAS, Ryan Homes has not started and will not be building the homes associated with these 2 permits and: WHEREAS, the Construction Official has subsequently voided these 2 permits: NOW, THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Hillsborough, County of Somerset, State of New Jersey, the Acting Director of Finance is hereby authorized to refund $7,065.00 to Ryan Homes.

6. Resolution authorizing refund of building permit fees in the amount of $17,155.00 to Ryan Homes. WHEREAS, Ryan Homes applied and paid for permits #2007‐1880 through #2007‐1884 in 2007 in the amount of $17,949.00, of which $794.00 represents non‐refundable plan review fees and: WHEREAS, Ryan Homes re‐applied and paid for new permits for the same 5 properties in 2008 and: WHEREAS, the Construction Official has subsequently voided the 5 permits issued in 2007: NOW, THEREFORE BE IT RESOLVED, by the Township Committee, of the Township of Hillsborough, County of Somerset, State of New Jersey, the Acting Director of Finance is hereby authorized to refund $17,155.00 to Ryan Homes.

7. Resolution supporting the application to the New Jersey Historic Trust for a 2008 Capital Preservation Level II Grant for the funding of Phase I Exterior and Restoration of the Van der Veer‐Harris house. WHEREAS, the Township of Hillsborough is desirous to preserve the Township’s Historic Van der Veer‐Harris House; and


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WHEREAS, the Township of Hillsborough has previously applied for and received grant money from both Somerset County and the New Jersey Historic Trust in order to fund repairs to rehabilitate the Van der Veer‐Harris House; and WHEREAS, the Township Committee has previously authorized Farewell Mills Gatsch Architects, LLC, to prepare the 2008 Capital Preservation Level II Grant application for submittal to the New Jersey Historic Trust in order to fund additional repairs at the Van der Veer‐Harris House; and WHEREAS, the New Jersey Historic Trust requires that the Township Committee provide a level of commitment in order for the Township to be considered for approval of the 2008 Capital Preservation Level II Grant for additional repairs to the Van der Veer‐ Harris House. NOW, THEREFORE, BE ITRESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, as follows:

1. The Township Committee hereby supports and approves the application to the New Jersey Historic Trust for the 2008 Capital Preservation Level II Grant for funding the phase 1 exterior repairs and restoration of the Van der Veer‐Harris House.

2. The Township Committee hereby authorizes the appropriation of all necessary matching funds for the work authorized in the 2008 Capital Preservation Level II Grant for funding the phase I exterior repairs of the Van der Veer‐Harris House

Upon motion by Deputy Mayor DelCore, seconded by Committeeman Wagner, the consent agenda was unanimously approved upon call of the roll.

CLAIMS LIST

Mayor Ferrera presented Claims List 2008‐14. Upon motion by Deputy Mayor DelCore, seconded by Committeeman Wagner, Claims

List 2008‐14 was unanimously approved upon call of the roll.

ADJOURNMENT

Upon motion by Committeeman Wagner, seconded by Committeeman Suraci, the meeting duly adjourned at 8:32 p.m., said motion carried unanimously upon voice vote. Attested: Kevin P. Davis, RMC, QPA Township Clerk

November 28, 2006 Regular Meeting Minutes

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proclamation - cit-e2008/07/22 · whereas, mr. mullady’s actions reflect great credit upon...

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