HILLSBOROUGH TOWNSHIP COMMITTEE October 14, 2003

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1 Minutes of the Regular Meeting of the Township Committee of the Township of Hillsborough, in the County of Somerset, New Jersey, held in the Municipal Complex at 8:00 p.m. on the above date. Those in attendance were as follows: Mayor Anthony S. Gwiazdowski, Deputy Mayor Steven N. Sireci, Committeewoman Sonya Anne Martin, Committeeman Joseph Tricarico, Township Attorney Albert E. Cruz, Township Administrator Judith C. Haas and Township Clerk Ann Marie McCarthy. Committeeman John A. Souren was absent. Following Roll Call and Salute to the Flag, Mayor Gwiazdowski advised that notice of this meeting 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 meeting would take place at the Hillsborough Municipal Building at 8:00 p.m. on. Red Ribbon Week PROCLAMATIONS Mayor Gwiazdowski presented a proclamation designating the Week of October 22-29, 2003 as Red Ribbon Week to Diane Handwerk, Municipal Alliance Committee. Police Departmental CPR Awards Deputy Mayor Sireci presented Police Departmental CPR Awards to Officers David Fisher, Michael McMahon and Kevin Kearney for responding to a call involving an unresponsive person. All the officers were involved in lifesaving efforts and were instrumental in the victim being successfully revised and given a chance to overcome his medical condition. August 27, 2003 Special Meeting DISPOSITION OF MINUTES Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the August 27, 203 Special Meeting Minutes were approved as amended as follows upon call of the roll: Ayes: Martin, Sireci, Gwiazdowski Abstain: Tricarico September 9, 2003 Special Meeting Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the September 9, 2003 Special Meeting Minutes were approved as submitted as follows upon call of the roll: Ayes: Martin, Tricarico, Sireci, Gwiazdowski September 23, 2003 Special Meeting Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the September 23, 2003 Special Meeting Minutes were approved as submitted as follows upon call of the roll: Ayes: Martin, Tricarico, Sireci, Gwiazdowski September 9, 2003 Regular Meeting Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the September 9, 2003 Regular Meeting Minutes were approved as amended as follows upon call of the roll: Ayes: Martin, Tricarico, Sireci, Gwiazdowski 323

2 Disposition of Minutes (continued) September 23, 2003 Regular Meeting Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the September 23, 2003 Regular Meeting Minutes were approved as amended as follows upon call of the roll: Ayes: Martin, Tricarico, Sireci, Gwiazdowski September 9, 2003 Executive Session Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the September 9, 2003 Executive Session Minutes were approved as submitted as follows upon call of the roll: Ayes: Martin, Tricarico, Sireci, Gwiazdowski September 23, 2003 Executive Session Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the September 23, 2003 Executive Session Minutes were approved as submitted as follows upon call of the roll: Ayes: Martin, Tricarico, Sireci, Gwiazdowski MILLSTONE BOROUGH MAYOR Mary Patrick, Millstone Borough Mayor, presented the Township Committee with information regarding the Delaware and Raritan Canal. She asked that Hillsborough Township become involved and endorse the Canal. Deputy Mayor Sireci REPORTS AND NEW BUSINESS FROM COMMITTEE LIAISONS Deputy Mayor Sireci reported that the PEC and Bielanski Developments are in the process of making applications to the Planning Board. Deputy Mayor Sireci invited all those interested to attend meetings and get involved in the process. Committeewoman Martin expressed her displeasure of a Planning Board member s reference of the Historical Preservation Commission as the Hysterical Commission during a public meeting. Ms. Martin stated that the comment was inappropriate and that the Township Committee should convey their displeasure in writing to the Board member. Ms. Martin asked who takes Planning Board Attorney Eric Bernstein s place in his absence. Both Mayor Gwiazdowski and Deputy Mayor Sireci replied one of his associates. Ms. Martin expressed her concerns of several different attorneys representing the Planning Board during the hearing of important cases. Ms. Martin asked how often are Mr. Bernstein s associates attending Planning Board meetings. Deputy Mayor Sireci replied that it has only occurred twice. Mayor Gwiazdowski stated he would speak with Mr. Bernstein regarding Ms. Martin s concerns. Committeeman Tricarico Committeeman Tricarico asked if the Township Attorney has provided a legal opinion regarding taxation and in-kind services in connection with leasing of the VA Depot. Committeeman Tricarico stated that it is difficult for the Township Committee to decide on policy when it has not received this information. 324

3 Reports (continued) Committeeman Tricarico asked if the developers have presented an application to the Planning Board. Mayor Gwiazdowski replied in the negative. Committeeman Tricarico expressed his concern that Township Committee members are not having discussions regarding this property, but the attorneys for all parties are. He stated that Hillsborough Township is governed by Township Committee members, not attorneys. Committeewoman Martin stated that the Township Committee has not received any specifics regarding the leasing of the VA Depot. She stated that the Township Attorney sent a letter requesting the proposed use of the property. Ms. Martin stated that the Township needs to express its concerns regarding the use of the property, such the impact to traffic, rail service, infrastructure needed for trucks. She stated that the Township Committee has had no contact with the VA. Mayor Gwiazdowski directed the Township Administrator to send a letter to the VA requesting specifics on the proposed lease and deal in connection with the property. Committeeman Tricarico added that the Township Attorney should draft a legal opinion regarding taxation and in-kind services in connection with leasing the property. Committeeman Tricarico recommended that the Deer Control Advisory Committee be reactivated. He stated that when surrounding towns start to thin their herds, the deer will start coming to Hillsborough. Committeeman Tricarico asked that the Township Committee appoint objective members to the Deer Committee next year. MOTION Contact surrounding municipalities for information on deer control. Upon motion by Deputy Mayor Sireci, seconded by Committeewoman Martin, that the surrounding municipalities of Hillsborough be contacted to request materials they have on deer control. Said motion carried unanimously upon call of the roll. Committeewoman Martin recommended that Susan Marka from the New Jersey Division of Fish Game and Wildlife be invited to the work session involving the Deer Control Committee. Committeewoman Martin Committeewoman Martin commended Mary Ellen Stahley and Linda Giordano for their question and answer program at Hillsborough Point regarding local and county senior services. Committeewoman Martin referred to correspondence from a property owner regarding land acquisition negotiations and that materials would be sent to a member on the Open Space Advisory Board. Township Attorney Albert E. Cruz replied that he has advised the property owner that all negotiations are with the Township Committee and that all correspondence is sent to them. Committeewoman Martin reported that there have been several newspaper articles regarding several communities that oppose the Route 206 Bypass. Committeewoman Martin recommended that the letter drafted by the Township Administrator be sent by the Mayor on behalf of the Township Committee. MOTION Send letter regarding support of Route 206 from Mayor on behalf of the Township Committee Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci that a letter be sent by the Mayor on behalf of the Township Committee in support of the Route 206 Bypass to the Commissioner of the Department of Transportation and the Governor. Mayor Gwiazdowski reported that he and Assemblyman Biondi spoke with Mr. Fox whom is Chief of Staff to Governor McGreevey, and is a former commissioner of the Department of Transportation and were assured that the Bypass would happen. Deputy Mayor Sireci suggested that the Township Administrator contact other municipalities, such as Manville, Somerville, Raritan and Bridgewater and solicit their support of the Route 206 Bypass on Hillsborough s behalf. Mayor Gwiazdowski assured residents that his concerns regarding the bypass would be relayed to the Governor. 325

4 Reports (continued) Committeewoman Martin asked if the Hotel and Motel Occupancy Tax Ordinance was scheduled for the November 25 th work session. Township Attorney Albert E. Cruz replied that the Township Clerk prepared an informative memorandum regarding this tax and a sample ordinance was included. It was the consensus of the Township Committee to move forward with this ordinance and introduce it at the next Township Committee meeting. Committeewoman Martin stated that the Township Committee received an advisory opinion from Eric Bernstein regarding Planning Board members in response to inquires made by the Economic Business and Development Commission. Committeewoman Martin recommended that the Township Administrator send a letter to the Economic Business and Development Commission informing them of the disposition of the request. Committeewoman Martin asked Township Attorney Albert Cruz if any communication was received from the County regarding the Belle Mead Depot. Mr. Cruz replied that he did not receive a formal response but he had spoken to the County s attorney today. Mr. Cruz stated that he was asked to speak with various township employees regarding that property and anticipates speaking with the attorney again within a couple of days. Committeewoman Martin informed the residents of Hillsborough that there will be a public question on the ballot for the November 4 th election. Mrs. Martin explained that the question, if approved, would result in $150,000,000 for the preservation of open space and farmland at no additional cost to the taxpayers. Mrs. Martin asked that the Committee review the question and consider endorsing it. Committeewoman Martin reported on new legislation that requires holding DWI suspects in custody. Ms. Martin asked the Police Chief for his recommendation. Police Chief Gazaway replied that it is the consensus of most Police Chiefs that the intention of the legislation is good but is problematic. He stated that the legislation doesn t work and needs to be amended. Committeewoman Martin expressed her concerns that the Township Committee did not hold an Executive Session to discuss labor contract assignment. Mr. Cruz replied that it would be discussed at the next Execution Session. Committeewoman Martin reported that the groundbreaking ceremony for the Library Expansion was held on October 1 was well received. Ms. Martin stated that construction is moving forward. BUSINESS FROM THE FLOOR FOR NEW ITEMS Suzan Ochse, Willow Road, requested that the Township Committee review and approve acquisition of 10.8 acres of vacant land located in Block 204, Lot 10 on Willow Road as Township dedicated open space. Ms. Ochse presented many reasons for purchasing the property for open space including: The property abuts existing open space on two of its borders. There are bikeways throughout the property. The property is a strategic link between existing open space and township greenways. One border abuts a historic site. The property contains significant wetlands. Two forks of a stream that feed the Roycebrook bisect a large part of the property. The property is a habitat for many different species of animals. Deputy Mayor Sireci stated that a letter of intent would be needed from the property owner before the Township moves forward with land acquisition negotiations. Committeewoman Martin stated that land acquisitions are discussed in Executive Session. space: The following residents spoke in support of the Township purchasing said property for open Lisa Ruplin, 13 Huntsman Lane Ellen Rowback, 268 Hillsborough Road Pat McGee, 10 Francis Drive 326

5 Business from the Floor (continued) John Del Gigante, 6 th Street, presented a letter clarifying his request that a Township lot be included as part of Flagtown Park. After a brief discussion, Committeewoman Martin moved that the Township investigate the steps needed to place the Township lot in the Township s ROSI and make it part of Flagtown Park. Said motion was seconded by Deputy Mayor Sireci and carried unanimously upon call of the roll. Chris Jensen, Amwell Road, asked for the status of Commerce Bank planting trees within the Township. He stated that they should have been planted in the spring. The Township holds a letter of credit in connection with this project. Mayor Gwiazdowski asked that the Township Administrator look into this matter and report back to the Township Committee on October 28, Ordinance INTRODUCTION OF NEW ORDINANCES Mayor Gwiazdowski offered the following ordinance: ORDINANCE AN ORDINANCE AMENDING CHAPTER 188 (DEVELOPMENT REGULATIONS) SECTION 13 (FEES) OF THE MUNICIPAL CODE OF THE TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET, STATE OF NEW JERSEY Ordinance (continued) Chris Jensen, Amwell Road, questioned the language open space by nature in the ordinance. After a brief discussion, it was he consensus of the Township Committee to table the ordinance for further clarification. Upon motion by Deputy Mayor Sireci, seconded by Committeewoman Martin, Ordinance was tabled for further clarification. Said motion carried unanimously upon call of the roll. Ordinance Mayor Gwiazdowski offered the following ordinance: ORDINANCE AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF HILLSBOROUGH, NEW JERSEY, CHAPTER , SCHEDULE I, NO PARKING (Bloomingdale Drive) Deputy Mayor Sireci moved that the aforesaid ordinance be passed on first reading and that the ordinance be further considered and a public hearing be held on November 12, 2003 at 8:00 p.m. Said motion was seconded by Committeewoman Martin and carried unanimously upon call of the roll. Ordinance Mayor Gwiazdowski offered the following ordinance: ORDINANCE AN ORDINANCE AUTHORIZING THE SALE OF DEVELOPMENT EASEMENT FROM THE TOWNSHIP OF HILLSBOROUGH TO THE COUNTY OF SOMERSET PURSUANT TO THE STATE OF AGRICULTURE RETENTION AND DEVELOPMENT ACT PROGRAM FOR BLOCK 145, LOT Deputy Mayor Sireci moved that the aforesaid ordinance be passed on first reading and that the ordinance be further considered and a public hearing be held on November 12, 2003 at 8:00 p.m. Said motion was seconded by Committeewoman Martin and carried unanimously upon call of the roll. 327

6 PUBLIC HEARINGS Ordinance AN ORDINANCE AMENDING AND SUPPLEMENTING PART I, CHAPTER 40 RECREATION COMMISSION, OF THE CODE OF THE TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET, NEW JERSEY Open Pubic Hearing Deputy Mayor Sireci moved to open the public hearing on Ordinance Said motion was seconded by Committeewoman Martin and carried unanimously upon call of the roll. No comments from the public were made at this time. Close Public Hearing Committeewoman Martin moved to close the public hearing on Ordinance Said motion was seconded by Deputy Mayor Sireci and carried unanimously upon call of the roll. Adopt Ordinance Committeewoman Martin moved to adopt Ordinance as read in its entirety. Said motion was seconded by Deputy Mayor Sireci and carried unanimously upon call of the roll. Ordinance AN ORDINANCE ESTABLISHING THE HILLSBOROUGH TOWNSHIP TECHNOLOGY COMMITTEE Table Ordinance Deputy Mayor Sireci moved to table Ordinance for further review and amendments. Said motion was seconded by Committeewoman Martin and carried unanimously upon call of the roll. Ordinance AN ORDINANCE AUTHORIZING ACCEPTANCE OF 807 SQUARE FEET RIGHT-OF-WAY DEDICATION TO HILLSBOROUGH TOWNSHIP THROUGH LOT 4, BLOCK 179 ALONG ROUTE 206 SOUTH IN THE TOWNSHIP OF HILLSBOROUGH, COUNTY OF SOMERSET AND STATE OF NEW JERSEY. Open Pubic Hearing Deputy Mayor Sireci moved to open the public hearing on Ordinance Said motion was seconded by Committeewoman Martin and carried unanimously upon call of the roll. No comments from the public were made at this time. Close Public Hearing Committeewoman Martin moved to close the public hearing on Ordinance Said motion was seconded by Deputy Mayor Sireci and carried unanimously upon call of the roll. Adopt Ordinance Committeewoman Martin moved to adopt Ordinance as read in its entirety. Said motion was seconded by Deputy Mayor Sireci and carried unanimously upon call of the roll. CONSIDERATION Resolution # Resolution extending rescission of Bike Lane Reservation and Parking Prohibition on South Branch Road (County Route 625) from Beekman Lane to 328

7 Hillsborough Municipal Complex driveway for three months starting November 1, Mayor Gwiazdowski offered the following resolution: WHEREAS, the Township Committee of the Township of Hillsborough finds it in the interest of public safety to rescind the Bike Lane Reservation and Parking Prohibitions on portions of South Branch Road, County Route 625, to construction at the Hillsborough Township Municipal Complex/Library, pursuant to N.J.S.A. 39: for a three-month period beginning on November 1, NOW, THEREFORE, BE RESOLVED by the Township Committee of the Township of Hillsborough in the County of Somerset and the State of New Jersey, that the Bike Lane Reservation and Parking Prohibitions on South Branch Road, County Route 625 shall be rescinded, subject to approval of Somerset County, beginning November 1, 2003 pursuant to N.J.S.A. 39: for a period of threemonths as follows: BIKE LANE RESERVATION AND PARKING PROHIBITION RESCINDED: The Bike Lane Reservation and Parking Prohibition on the following described streets or parts of streets are hereby rescinded and parking will be permitted. Name of Street Side Limits South Branch Road North From Beekman Lane to the Hillsborough County Route 625 Municipal Complex driveway Upon motion by Deputy Mayor Sireci, seconded by Committeewoman Martin, the aforesaid resolution was adopted unanimously upon call of the roll. Resolution # Resolution extending rescission of Bike Lane Reservation and Parking Prohibition on Beekman Lane from New Amwell Road to South Branch Road for three months starting November 1, Mayor Gwiazdowski offered the following resolution: WHEREAS, the Township Committee of the Township of Hillsborough finds it in the interest of public safety to rescind the Bike Lane Reservation and Parking Prohibitions on portions of Beekman Lane due to construction at the Hillsborough Township Municipal Complex/Library, pursuant to N.J.S.A. 39: for a three-month period beginning on November 1, NOW, THEREFORE, BE RESOLVED by the Township Committee of the Township of Hillsborough in the County of Somerset and the State of New Jersey, that the Bike Lane Reservation and Parking Prohibitions on Beekman Lane shall be rescinded beginning November 1, 2003 pursuant to N.J.S.A. 39: for a period of three-months as follows: BIKE LANE RESERVATION AND PARKING PROHIBITION RESCINDED: The Bike Lane Reservation and Parking Prohibition on the following described streets or parts of streets are hereby rescinded and parking will be permitted. Name of Street Side Limits Beekman Lane West From New Amwell Road to South Branch Road Upon motion by Deputy Mayor Sireci, seconded by Committeewoman Martin, the aforesaid resolution was adopted unanimously upon call of the roll. Resolution # Resolution authorizing the Mayor and Township Clerk to execute the Stormwater Detention Facility Maintenance Agreement in connection with the Mountain View Car Wash, Block 179, Lot 4, Route 206 South). Mayor Gwiazdowski offered the following resolution: 329

8 Resolution # (continued) WHEREAS, the applicant, Richard M. Grosso, Jr. and Mary Colleen Grosso, are or will be the owner of a tract or parcel of land located at Route 206 South in the Township of Hillsborough and designated on the Tax Map on the Township of Hillsborough as Block 179, Lot 4; and WHEREAS, on September 12, 2002, the applicant/owner received preliminary and final site plan approval, conditional use approval, related bulk variances and waivers from the Planning Board of the Township of Hillsborough to construct a self-serve and automated car wash facility being a one-story 6,344 square foot building and related site improvements on the said property as more particularly detailed in the Resolution adopted by the Hillsborough Planning Board on September 12, 2002; and WHEREAS, the approved site plan of the development prepared by D.S. Engineering, P.C. includes an on-site detention basin and associated stormwater pipes and structures situated in the western portion area of the development, immediately southeast of the 500 year flood area; and WHEREAS, the County of Somerset requires that a Stormwater Detention Facility Maintenance Agreement be entered into between the property owner and the municipality when there is a detention basin on a property; 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 Clerk are hereby authorized to execute the Stormwater Detention Facility Maintenance Agreement in connection with Block 179, Lot 4. Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the aforesaid resolution was adopted unanimously upon call of the roll. Resolution # Resolution setting the date for the annual Township Auction for (Saturday, November 1, 2003 at 12 Noon at the DPW Yard.) Mayor Gwiazdowski offered the following resolution: WHEREAS, the municipal departments have completed an inventory of personal property deemed to be nonproductive for use by the Township; and WHEREAS, Chief of Police Robert Gazaway has advised the Township Committee of the Township of Hillsborough that his department has completed an inventory of personal property retrieved by the Police Department, said items having been recovered after a theft, found or turned over to his Department; and WHEREAS, the Owners of the property are unknown and cannot be located and the items have been stored by the Police Department for at least six months and, therefore, Chief Gazaway has requested that the property be disposed of through a public auction in accordance with N.J.S.A. Title 40A: NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Hillsborough that a Public Auction be and hereby is scheduled for Saturday, November 1, 2003 at 12 Noon at the Municipal Garage, for the disposition of the recovered property and nonproductive items. BE IT FURTHER RESOLVED, that the Township Clerk be and is hereby authorized to advertise in accordance with the law. BE IT FURTHER RESOLVED that the monies received from the sale of the items be turned over to the Township Treasurer. Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the aforesaid resolution was adopted unanimously upon call of the roll. The Township Committee directed the Township Clerk to place list of auction items on the website and the Township s access channel. Resolution # Resolution amending 2003 Township Committee Meeting Schedule. (Cancel Tuesday, November 11, 2003 Meeting and Add Wednesday, November 12, 2003 Meeting.) 330

9 Resolution # (continued) Mayor Gwiazdowski offered the following resolution: WHEREAS, the Township Committee of the Township of Hillsborough established the 2003 regular public and work meetings of the Township Committee at its annual reorganization meeting held on January 7, 2003; and WHEREAS, it has become necessary to reschedule the Tuesday, November 11, 2003 regular public and work meeting to Wednesday, November 12, 2003; NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey hereby changes the 2003 Township Committee Meeting Schedule as follows: CANCEL: Tuesday, November 11, 2003 work meeting 7 pm Tuesday, November 11, 2003 regular public meeting 8 pm ADD: Wednesday, November 12, 2003 work meeting 7 pm Wednesday, November 12, 2003 regular public meeting 8 pm Upon motion by Deputy Mayor Sireci, seconded by Committeewoman Martin, the aforesaid resolution was adopted unanimously upon call of the roll. Resolution # Resolution authorizing the transfer of a liquor license from The Pavilion Inc. to 206 Restaurant Inc., t/a Shogun 206. ( ) Mayor Gwiazdowski offered the following resolution: WHEREAS, an application has been filed for a person to person transfer of Plenary Retail Distribution License No , heretofore issued to The Pavilion Inc., t/a The Pavilion for premises located at 150 Route 206 South, Hillsborough, NJ; and WHEREAS, the submitted application if complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and WHEREAS, the applicant is qualified to be licensed accordingly to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business; NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey does hereby approve, effective October 15, 2003, the transfer of the aforesaid Plenary Retail Distribution License to 206 Restaurant Inc., t/a Shogun 206, and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership, upon receipt by the Township Clerk of an original certificate of tax sales authority for transfer as follows: This license, subject to all its terms and conditions, is hereby transferred to 206 Restaurant Inc., t/a Shogun 206, effective October 15, Upon motion by Committeewoman Martin, seconded by Deputy Mayor Sireci, the aforesaid resolution was adopted unanimously upon call of the roll. CONSENT Upon motion by Deputy Mayor Sireci, seconded by Committeewoman Martin, the following resolutions were adopted unanimously upon call of the roll: 331

10 Consent Resolutions (continued) Resolution # Resolution issuing Raffle Licenses to Hillsborough Boy s HS Lacrosse Booster Club (RL-924); Triangle Home and School Association (RL-925); NJ Association of Twins Mothers Club Inc. (RL-926); Hillsborough Elementary School (RL-927 & 928). BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that it hereby authorizes the issuance of the following raffle licenses: RL-924 Hillsborough Boy s High School Lacrosse Booster Club, P.O. Box 5627, Hillsborough, NJ 08844, off-premises raffle to be held on December 9, 2003 from 7:30 p.m. to 8:00 p.m. at the Hillsborough High School, Room 167, Raider Blvd., Hillsborough, NJ, RL-925 Triangle Home and School Association, 156 South Triangle Road, Hillsborough, NJ 08844, 50/50 raffle to be held on January 30, 2004 from 6:30 p.m. to 11:00 p.m. at the Triangle Elementary School, 156 South Triangle Road, Hillsborough, NJ RL-926 RL-927 RL-928 New Jersey Association of Twins Mothers Club, Inc., 1277 Woodside Road, Scotch Plains, NJ 07076, off-premise 50/50 raffle to be held on April 17, 2004 at 12 Noon at the Hillsborough Municipal Complex, 379 South Branch Road, Hillsborough, NJ Hillsborough Elementary School Home and School Association, Rt. 206 and Amwell Road, Hillsborough, NJ 08844, off-premise raffle to be held on January 24, 2004 from 7:00 p.m. to 10:00 p.m. at the Hillsborough High School, Raider Blvd., Hillsborough, NJ Hillsborough Elementary School Home and School Association, Rt. 206 and Amwell Road, Hillsborough, NJ 08844, off-premise raffle to be held on February 20, 2004 from 7:00 p.m. to 10:00 p.m. at the Hillsborough High School, Raider Blvd., Hillsborough, NJ Resolution # Resolution approving request for release of development review escrow for Ajax Manufacturing, #01-PB-15 in the amount of $ WHEREAS, a request has been received from the Ajax Manufacturing, File No.# 01-PB-15, for the release of development review escrow; and WHEREAS, Township Planner Robert Ringelheim certifies that all work related to the review of the file as been completed; and WHEREAS, Township Planner Robert Ringelheim recommends that the Township Committee take action to release approximately $ plus any applicable interest and at that time the account should be closed. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of Township Planner Robert Ringelheim be and hereby is accepted and approved and approximately $ plus any applicable interest be released to the Ajax Manufacturing and the account closed. Resolution # Resolution approving request for release of development review escrow for Carl Massaro, #99-PB-21-SR in the amount of $ WHEREAS, a request has been received from the Carl Massaro, File No.# 99-PB-21-SR, for the release of development review escrow; and WHEREAS, Township Planner Robert Ringelheim certifies that all work related to the review of the file as been completed; and WHEREAS, Township Planner Robert Ringelheim recommends that the Township Committee take action to release approximately $ plus any applicable interest and at that time the account should be closed. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of Township Planner Robert Ringelheim be and hereby is accepted and approved and approximately $ plus any applicable interest be released to the Carl Massaro and the account closed. 332

11 Consent Resolutions (continued) Resolution # Resolution approving request for release of development review escrow for Tzovolos, #BA-01-28, in the amount a $ WHEREAS, a request has been received from the Olympia Tzovolos, File No.# BA-01-28, for the release of development review escrow; and WHEREAS, Township Planner Robert Ringelheim certifies that all work related to the review of the file as been completed; and WHEREAS, Township Planner Robert Ringelheim recommends that the Township Committee take action to release approximately $ plus any applicable interest and at that time the account should be closed. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of Township Planner Robert Ringelheim be and hereby is accepted and approved and approximately $ plus any applicable interest be released to the Olympia Tzovolos and the account closed. Resolution # Resolution authorizing refund of tax overpayments. WHEREAS, several real property tax payers have overpaid their real property taxes and; WHEREAS, the Tax Collector has received proof of such payments after correspondence with said property owners; 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: $17,804.19; Total Properties, 19) BLOCK LOT NAME AMOUNT QTR YEAR REID RD THORNTON RD UGHETTE RD JANNONE RD BRANDENBURG RD KUHL RD CARPENTER RD MADOVOY RD FIERST RD CHAPEL RD B 11 MALKO RD KANYOK RD FRASHER RD BEN RD THOMPSON REALTY rd RECKITT/COLMAN RD LAGU RD B 124 EVANS RD J LILLIENFELD RD 03 Resolution # Resolution endorsing the submission of the Recycling Tonnage Grant Application to the New Jersey Department of Environmental Protection and designating Dr. Glenn Belnay to ensure that the application is properly filed. WHEREAS, the Mandatory Source Separation and Recycling Act, O.L. 1987, c. 102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and 333

12 Resolution # (continued) WHEREAS, the New Jersey Department of Environmental Protection is promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and WHEREAS, a resolution authorizing the municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and to indicate the assent of the Hillsborough Township Committee to the efforts and undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and WHEREAS, such resolution should designate the individual authorized to ensure the application is properly completed and timely filed. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Dr. Glen Belnay to ensure that the application is properly filed; and BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling. Resolution # Resolution approving installation of a fire hydrant on Roycefield Road for Defense Logistics Agency in connection with a proposal from Elizabethtown Water Company to install 460 feet of 16-foot pipe on Royce field Road. WHEREAS, Elizabethtown Water Company proposes to install 460 feet of 16-foot pipe on Roycefield Road for the Defense Logistics Agency; and WHEREAS, the Fire Official has determined that one (1) fire hydrant installation is required on Roycefield Road for the Defense Logistics Agency; 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 installation of one (1) fire hydrant as determined to be required by the Fire Official on Roycefield Road for the Defense Logistics Agency. CLAIMS LIST Upon motion by Deputy Mayor Sireci, seconded by Committeewoman Martin, Claims List was unanimously approved upon call of the roll. ADJOURNMENT Upon motion by Deputy Mayor Sireci, seconded by Committeeman Tricarico, the meeting duly adjourned at 9:50 p.m. Said motion carried unanimously upon call of the roll. Approved: As Amended. Ann Marie McCarthy, Township Clerk Date: November 12,