PROCLAMATIONS. Proclamation honoring the Hillsborough High School Debate Team

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1 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 Bob Wagner, Deputy Mayor Lisa Nisivoccia and Mayor Anthony Ferrera. Also, in attendance were Township Attorney Sordillo, Township Administrator/Clerk Kevin P. Davis and Secretary to the Administrator/Clerk Dianne Borngesser. Committeemen Drake and Suraci arrived at 7:35 p.m. 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. PROCLAMATIONS Proclamation honoring the Hillsborough High School Debate Team WHEREAS, the Hillsborough High School Debate team competed at the Rutgers Model Congress held on April in New Brunswick where, for a record-setting fourth consecutive year the Hillsborough High School Debate team won the Best Large Delegation award; and WHEREAS, at the Rutgers Model Congress fifteen students on the Hillsborough High School Debate team won individual citations, including nine first-place awards; and WHEREAS, the Hillsborough High School Debate team also competed in the Philadelphia Model United Nations on February and six students won individual awards at that event; and WHEREAS, through their work at the Rutgers Model Congress and the Philadelphia Model United Nations, the Debate team members are assigned roles as members of the United Nations and the United States Congress, the Supreme Court, political campaign staffs, and the media and are judged for their performance in oratory, preparation, accuracy and diplomacy. NOW, THEREFORE, BE IT PROCLAIMED, that we, the Township Committee, of the Township of Hillsborough, do hereby commend all the members of the Hillsborough High School Debate team, not only for the awards they have won, but also for their dedication to increasing their knowledge of current events in our country and the world. We further commend the Debate team for the honor that they have brought to themselves, their organization and our community. Proclamation designating May as Asian American Month WHEREAS, the people of Somerset County will recognize Asian-American Heritage Month during the month of May at a gala celebration on Sunday, May 20, 2007; and WHEREAS, the Township Committee and the residents of Hillsborough Township celebrate the many contributions of Asian-Americans to our country; and WHEREAS, this celebration will showcase the richness of Asian-American traditions, and will feature Asian cuisine, cultural performances and crafts; and 1

2 WHEREAS, the event will foster a greater understanding of Asian American culture and will bring together various Asian communities including Chinese, Filipino, Indian, Japanese, Korean, Malaysian, and Thai; and WHEREAS, the Asian-American Heritage Month celebration anticipates attendance of many residents of Somerset County, including community leaders, business executives, and government officials. NOW THEREFORE, BE IT PROCLAIMED that we, the Mayor and Township Committee do hereby recognize May as Asian-American Heritage Month in Somerset County, and congratulate the members of the Asian-American Heritage Month Celebration Committee for planning a successful event celebrating the diversity that is so much a part of New Jersey s culture. Proclamation honoring Eagle Scout Jonathon Pelter WHEREAS, Jonathon Pelter, a member of Boy Scout Troop 1776, has earned the status of Eagle Scout; and WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours Jonathon devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in order to achieve this highly coveted position; and WHEREAS, Jonathon Pelter has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed upon him; and WHEREAS, for Jonathon s Eagle Scout Leadership Project he refurbished and painted the gazebo at the municipal building and designed and planted a sensory garden in the area surrounding the gazebo; and WHEREAS, as part of his project, Jonathon trimmed trees and bushes and placed new plants and mulch in the garden area and repaired and painted the gazebo; and WHEREAS, Jonathon Pelter serves as an example to youth through his high level of personal achievement, leadership and community service, and we are very proud that Jonathon 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 Jonathon Pelter 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 designating May 20 26, 2007 Emergency Medical Services Week WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, the emergency medical services system consists of emergency physicians, emergency nurses, emergency medical technicians, paramedics, educators, administrators and others; and WHEREAS, the emergency medical services system in Hillsborough has been recognized as one of the best in the State of New Jersey; and WHEREAS, the members of Hillsborough EMS, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and 2

3 WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week. NOW, THEREFORE, BE IT PROCLAIMED, that we, the Mayor and Township Committee, of the Township of Hillsborough hereby declare the week of May 20-26, 2007 Emergency Medical Services Week, EMS: Serving Ordinary People, Extraordinary Service BE IT FURTHER PROCLAIMED, that we hereby encourage the community to observe this week with appropriate programs, ceremonies and activities. Appointment of the following to the Sustainable Hillsborough Steering Committee with terms ending 12/31/08: Agricultural Commission: Economic Business Development: Board of Education: Environmental Commission: Planning Board: Township Committee: A representative from the Clergy: A representative from local business: A representative from Duke Farms: Two Hillsborough residents to serve as alternates: Sam Conard Saul Wendroff Frank Blandino Phil Ludvigsen Frank Delcore Paul Drake Harold Skeele Sue Clerico Tim Taylor or his designee Wendy Michaelewsky Jennifer Bryson Upon motion by Committeeman Suraci, seconded by Committeeman Drake, the appointments of the individuals listed above to the Sustainable Hillsborough Steering Committee were unanimously approved upon call of the roll. APPROVAL OF MINUTES Approval of the May 8, 2007 Regular Session Minutes Upon motion by Deputy Mayor Nisivoccia, seconded by Committeeman Drake, the minutes of the May 8, 2007 Regular Session were unanimously approved upon the call of the roll. Approval of the April 24, 2007 Executive Session Minutes Upon motion by Committeeman Drake, seconded by Deputy Mayor Nisivoccia, the minutes of the April 24, 2007 Executive Session were approved as amended upon call of the roll as follows: Yes Drake, Suraci, Wagner, Nisivoccia Abstain - Ferrera Approval of the May 8, 2007 Executive Session Minutes Upon motion by Committeeman Drake, seconded by Committeeman Wagner, the minutes of the May 8, 2007 Executive Session were unanimously approved upon the call of the roll. 3

4 REPORTS AND NEW BUSINESS FROM COMMITTEE LIAISONS, RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS Committeeman Drake None at this time. Committeeman Suraci Committeeman Suraci reminded residents that the New Jersey Department of Transportation will provide a presentation on the redesigned plans for the Route 206 Bypass. The presentation will take place at the municipal building on June 13, 2007 from 4 to 7:30 p.m. Committeeman Wagner None at this time. Deputy Mayor Nisivoccia Deputy Mayor Nisivoccia reported that the Girls on the Run program is underway with more than 20 participants from Auten Road School. She said that the Cultural & Arts Commission will provide balloons and spin art for children under the tent at the Memorial Day Commemoration on Saturday, May 26 th and in conjunction with the Rotary Club will be collecting items for soldiers from this area. The Deputy Mayor announced that the summer reading program sponsored by the Hillsborough Library will begin on June 11 th. Mayor Ferrera Mayor Ferrera thanked the Recreation Department for their work to sponsor the fishing derby on May 19 th. He also thanked the leadership team of the Indian Association of Somerset County for their work preparing for the festival last Saturday. More than 1,000 people attended the event and the Mayor said he enjoyed participating and thanked the Association for inviting him. NEW BUSINESS Dark Sky Ordinance Mayor Ferrera said that Committeeman Drake had a report on the Dark Sky Ordinance. Committeeman Drake introduced Phil Acone who spoke about the growing interest in lighting legislation and light pollution. He said that there has been an increase in commercial and industrial lighting spilling into residential communities and the growing concern about energy conservation and the use of unnecessary outside lighting. He also spoke about the growing concern about the biological effects of light on humans, plants and animals. Mr. Acone stated that there is no substantive evidence that there is a correlation between lack of light and crime. He also said that he believed there was unnecessary lighting on some residential side streets in Hillsborough, particularly in older communities and that he believed that some lighting could be removed without compromising public safety. He spoke about acceptable standards to evaluate lighting. A lighting ordinance would allow a community to mitigate the effects of overlighting. Mayor Ferrera asked Police Lt. McConnell to speak on this issue. 4

5 Lt. McConnell said that the Police Department would disagree with the removal of any functioning street light in Hillsborough. He said that most street lights were positioned at intersections, where most accidents occur, and at curves in roadway. They also illuminate the sidewalks and can serve as a deterrent to crime. Committeeman Drake said that if a subcommittee is formed to study this issue it would be important for a member of the Police Department to be on the subcommittee. Committeeman Drake said that if a light ordinance were adopted that it should be for future lighting. Mayor Ferrera thanked Mr. Acone and Lt. McConnell for their input on this issue. Safety is the primary concern but if the Township can save some money and it makes sense to turn off certain lights, then it should be studied and feedback from residents should be sought. Cable Franchise Extension Mayor Ferrera said that Committeeman Wagner had a report on this issue from the Cable Advisory Committee. He reviewed the recommendations of the Cable Advisory Committee. They met with Patriot Media, who has been bought out by Comcast. The Cable Advisory Committee recommended the extension of the current franchise agreement for an additional five years, through June 10, One addition is that Comcast will provide high speed data service without charge to the Library, all schools, the Rescue Squad and all Fire Companies. Mr. Sordillo said that the terms and conditions of the agreement will take place upon execution of the extension of the agreement. The extension does not require a public bid. Mr. Davis said that the Township needed to verify the monthly savings to the entities named above prior to adoption of an Ordinance. PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA Eric Wyse, Viburnum Drive, asked about the paving of Dutchtown-Zion Road. Discussion of this subject followed. Dr. Steve Sirici, Rohill Road, Planning Board member and Chair of the Capital Planning Committee this year, responded to Mr. Wyse and said that it was difficult for the Capital Planning Committee to decide what projects would be funded this year. He said that there are always many worthy projects to choose from but a finite amount of money. Regarding the dark sky issue, Dr. Sirici pointed out that the design of lighting was very important, and there may not be a need to turn off lights if the lights are designed properly. PUBLIC HEARINGS Ordinance An Ordinance amending Chapter (Freestanding restaurants, bars and nightclubs) of the code of the Township of Hillsborough, County of Somerset, State of New Jersey to provide regulations for outdoor cafes. 5

6 Committeeman Drake moved to open the public hearing on Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll. Mayor Ferrera said that in the continuing effort to make Hillsborough more business friendly, this Ordinance would permit eating establishments to use public areas for outdoor seating. This would also give residents an opportunity to enjoy the many establishments around the Township during good weather. The Mayor explained that eating establishments that wish to take advantage of this change must seek a permit from the Zoning office. There are certain space limitations to ensure that outdoor set-ups do not interfere with public movement on the sidewalks, and there are also insurance certification requirements. Mayor Ferrera said he viewed this change as a win-win for business and residents alike. Committeeman Drake said this Ordinance represented a common sense planning initiative. It protects the Township while advancing opportunities for local businesses. Committeeman Drake moved to close the public hearing on Ordinance Said motion was seconded by Deputy Mayor Nisivoccia and carried unanimously upon call of the roll. Committeeman Drake moved to adopt Ordinance Said motion was seconded by Deputy Mayor Nisivoccia and carried unanimously upon the call of the roll. Ordinance An Ordinance amending Chapter 169 of the Code of the Township of Hillsborough, titled Fire Zones, Section 5, titled Fire Zones Designated. Committeeman Drake moved to open the public hearing on Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll. Mayor Ferrera said that the Township Fire Marshal recommended establishing additional fire zones in the Claremont Hills area for public safety. Committeeman Wagner moved to close the public hearing on Ordinance Said motion was seconded by Committeeman Suraci and carried unanimously upon call of the roll. Committeeman Drake moved to adopt Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll. Ordinance An Ordinance authorizing acceptance of Deeds of Dedication for Block 13.01, Lot 7.02 and for Block 145, Lot 43 (Hillsborough Chase) from Toll NJ III, L.P, as show on the tax map of the Township of Hillsborough, County of Somerset, State of New Jersey. Committeeman Suraci moved to open the public hearing on Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll. 6

7 Mayor Ferrera commented that this Ordinance authorized the acceptance of two farm properties from Toll Brothers as part of the Planning Board approval of the Hillsborough Chase development. He explained that Toll Brothers was obligated to turn over four farm properties to the Township as part of the Hillsborough Chase development approval. The Township has already accepted one property and there is one property that requires additional work by Toll Brothers before it can be accepted. Mayor Ferrera said that these properties would be offered for lease as farms through the bidding process. Committeeman Suraci moved to close the public hearing on Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon call of the roll. Committeeman Suraci moved to adopt Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll. Ordinance An Ordinance authorizes the Township of Hillsborough to accept Deeds of Dedication for rights of way, open space, and Storm Sewer Easements from Country Classics III & IV, LLC, and a Storm Sewer and Sanitary Sewer Easement from the Van Cleef Family Limited Partnership all through Country Classics in the Millstone Valley, Phase 3A. Committeeman Suraci moved to open the public hearing on Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll. Mayor Ferrera stated that this Ordinance established deeds of dedication for rights of way, open space preservation and storm and sanitary sewer easements in the Country Classics development. Committeeman Suraci moved to close the public hearing on Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon call of the roll. Committeeman Suraci moved to adopt Ordinance Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll. INTRODUCTION OF NEW ORDINANCES Ordinance An Ordinance authorizes the Township of Hillsborough to accept a Deed of Right of Way Dedication and Easements for Drainage, Detention Basin, Conservation, Sidewalk, and Sight Triangle from Toll NJ IV, L.P., through Roycebrook Meadows. Further consideration of this ordinance and public hearing will be held on June 12, Deputy Mayor Nisivoccia moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on June 12, 2007 at 7:30 p.m. Said motion was seconded by Committeeman Wagner and unanimously approved upon call of the roll. 7

8 Mayor Ferrera said that this Ordinance would establish various easements at the Roycebrook Meadows development, as required by the Planning Board approval. Ordinance An Ordinance amending Chapter 188 (Development Regulations), Article V (District and Standards) of the Code of the Township of Hillsborough, County of Somerset, State of New Jersey to provide regulations for a Town Center. Further consideration of this ordinance and public hearing will be held on July 10, Committeeman Drake moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on July 10, 2007 at 7:30 p.m. Said motion was seconded by Deputy Mayor Nisivoccia. As he stated during the discussion of this proposed new Town Center zone two weeks ago, Mayor Ferrera said that the designation of the area around Route 206 and Amwell Road as the new Town Center is the lynchpin of the Township s economic success. This area would be the jumping off point for commercial development in Hillsborough and is part of an overall plan for attracting more commercial property taxpayers. The Mayor explained that Town Center, in its ultimate form, should create the focal point for Hillsborough that has long been missing and should serve as a commercial center to meet the needs of Township residents. Mayor Ferrera thanked the Planning Board s Master Plan Subcommittee, the Planning staff and consultants for their work in developing this Ordinance. RINGELHEIM ******************************************** Following discussion, Committeeman Suraci made a motion to table Ordinance Said motion was seconded by Deputy Mayor Nisivoccia and carried unanimously upon call of the roll. Ordinance An Ordinance amending Chapter (Freestanding Restaurants, Bars, and Nightclubs) of the code of the Township of Hillsborough, County of Somerset, State of New Jersey to provide regulations for Outdoor Cafes. Further consideration of this ordinance and public hearing will be held on June 12, Committeeman Drake moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on June 12, 2007 at 7:30 p.m. Said motion was seconded by Committeeman Wagner and unanimously approved upon call of the roll. Mayor Ferrera commented that this Ordinance would incorporate the Police Chief s additions to the outdoor café Ordinance that pertain to establishments with liquor licenses. By handling the Chief s additions to the Ordinance in this manner, establishments that wish to take advantage of the new outdoor café Ordinance adopted earlier can do so immediately, without having to wait for this Ordinance to be adopted. Ordinance An Ordinance authorizes the Mayor and Clerk to execute an agreement for Purchase and Sale of Real Estate with Faramaz Azimi for the sale of the property known as Lot 9 in Block 167 to the Township of Hillsborough and authorizes an appropriation 8

9 in the amount of $480, from the Open Space Trust Fund. Further consideration of this ordinance and public hearing will be held on June 12, 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 June 12, 2007 at 7:30 p.m. Said motion was seconded by Committeeman Drake and unanimously approved upon call of the roll. Mayor Ferrera stated that, as part of the Township s continuing land preservation plan, this Ordinance would accept the purchase of a 12-acre site in the Sourland Mountain area that is owned by Mr. Fred Azimi. The purchase will complete the preservation of a nearly 100-acre area around Montgomery Road. This property was designated as a priority preservation project by the Township s Open Space Advisory Committee. Mayor Ferrera said that the property would be acquired using $480,000 from the Township s dedicated Open Space Trust fund. This purchase would also serve to complete a significant portion of the trailways plan and connect several already preserved properties in the area. The Mayor thanked Mr. Azimi for his willingness to sell the property and also thanked Mr. Albert Cruz for his efforts as the Township s negotiator on this project. Committeeman Wagner commented that the preservation of the Azimi property was recommended by the Open Space Advisory Committee and would provide the Township with many benefits. He said that the view from the Azimi property is outstanding and the property adds to the trailways system within the Town. Committeeman Wagner said that preservation also prevents additional development in the Sourland region. Each home that is not built is very important to the protection of the environment in the area. This purchase helps to complete the preservation of an area more than 100 acres along Montgomery Road that leads to the Sourlands. The area includes the preservation of the Gibson property in 1999, the Burshnic-Shamro property in 2005, the donation of a part of the Taverner property at the end of last year, the preservation of the Scudder property which is nearly complete, and now the Azimi property. Committeeman Wagner said he believed the Township would be able to submit the purchase of this property to Green Acres and the County Open Space Partnership program in 2008 in order to seek reimbursement for as much as half of the purchase price. The reimbursement would be returned to the Open Space Trust fund, enabling Hillsborough to continue to aggressively pursue even more open space. Mr. Wagner also thanked Mr. Azimi and Mr. Cruz. CONSIDERATIONS Mayor Ferrera offered the following resolutions: 1. Resolution authorizing the Mayor and Clerk to execute an agreement for purchase and sale of real estate with Faramaz Azimi for the sale of the property known as Lot 9 in Block 167 to the Township of Hillsborough. WHEREAS, the Township of Hillsborough negotiated with Faramaz Azimi to purchase his property known as Lot 9 in Block 167 ( Property ) consisting of approximately acres for open space, conservation and recreational or similar uses as authorized in N.J.S.A. 40A:12-1 et seq.; and 9

10 WHEREAS, the negotiations resulted in an agreement being reached which is subject to the approval and ratification of the Township Committee; and WHEREAS, the Township Attorney drafted an Agreement for the Purchase and Sale of Real Estate of the Property ( Agreement ) which Agreement was reviewed, revised and approved by Faramaz Azimi and/or his attorney; and WHEREAS, the Agreement has been executed by Faramaz Azimi; and WHEREAS, the Agreement calls for a purchase price of $480,000.00; and WHEREAS, the Agreement is subject to certain contingencies which must be satisfied before closing of title; and WHEREAS, the Township Committee has reviewed the Agreement and discussed it with the Township Attorney and finds it acceptable; and WHEREAS, the Township Committee desires to authorize the Mayor and Township Clerk to execute the Agreement on behalf of the Township and to authorize the Township Administrator and Township Attorney to take all required action to satisfy all contingencies contained in the Agreement and to arrange to close within sixty (60) days from the Effective Date of the Agreement; and WHEREAS, the Open Space Advisory Committee recommended the acquisition of the Property for the purposes set forth hereinbefore and the funding of such acquisition through the Open Space Trust Fund ( Trust Fund ); and WHEREAS, the Township will fund the purchase price through the Trust Fund; and WHEREAS, the Township Committee desires to authorize the Mayor and Clerk to sign the Agreement contingent upon the Township Committee adopting an Ordinance authorizing the purchase of the Property and the other contingencies set forth in the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, in the County of Somerset and State of New Jersey, as follows: 1. That the Mayor and Clerk are hereby authorized to sign the Agreement for Purchase and Sale of Real Estate in substantially the form attached to this Resolution. 2. This Resolution takes effect immediately. Mayor Ferrera said that this resolution authorized the agreement for the purchase of the Azimi property that had just been discussed. Upon motion by Deputy Mayor Nisivoccia, seconded by Committeeman Wagner, the aforesaid resolution was unanimously approved upon call of the roll. 2. Resolution authorizing a contract with the County of Somerset to provide participation in a cooperative means of conducting certain Community Development Block Grant and Home Investment Partnership Program activities. WHEREAS, Title I of the Housing and Community Development Act of 1974 provides for substantial federal funds being made available to certain urban counties for use therein; and 10

11 WHEREAS, the Community Development Block Grant Program and the HOME Investment Partnership Programs have benefited the County as a whole and has provided a unique opportunity for intermunicipal cooperation; and WHEREAS, the program has provides substantial benefits to persons of low and moderate income including the elderly and disabled, and that these benefits would be lost without a renewal of the County cooperation agreement; and WHEREAS, the Township of Hillsborough desires to preserve benefits of the Community Development Block Grant Program and the HOME Investment Partnership Programs from the County by renewing its participation in the Somerset County Community Development Consortium; and WHEREAS, the Interlocal Services Act (N.J.S.A. 40:8A-1 et seq.) provides a mechanism through which counties and municipalities may enter into agreements for the provision of joint services; and WHEREAS, N.J.S.A. 40:8A-1 et seq. provides that authorization for participation in such a cooperative program must be by resolution: NOW, THEREFORE, BE IT RESOLVED, by the Township of Hillsborough, County of Somerset, State of New Jersey, that: 1. It does hereby authorize continued participation in the Somerset County Community Development Consortium. 2. It does hereby authorize, ratify and confirm a certain agreement (hereinafter referred to as "Contract") between the Township of Hillsborough and Somerset County entitled Agreement Between the County of Somerset and Certain Municipalities Located Therein For the Establishment of Cooperative Means of Conducting Certain Community Development Activities"; 3. It hereby authorizes full participation by the Township of Hillsborough in all aspects of the activities provided for within said Contract pursuant to the terms and conditions as more fully set forth in said Contract. 4. It hereby incorporates said Contract into this Resolution by reference, as if fully set forth herein. The Mayor and Municipal Clerk are hereby authorized to execute the Contract with the County and Copy of said Contract will remain filed in the Office of the Municipal Clerk for public inspection Mayor Ferrera said this resolution was required for Hillsborough to continue to qualify and participate in the Community Development Block Grant program. Upon motion by Committeeman Suraci, seconded by Deputy Mayor Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll. 3. Resolution supporting the Click It or Ticket mobilization of May 21 June 3, WHEREAS, there were 773 motor vehicles fatalities in New Jersey in 2006; and 11

12 WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a safety belt; and WHEREAS, use of a safety belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and WHEREAS, the National Highway Traffic Safety Administration estimates that 135,000 lives were saved by safety belt usage nationally between ; and WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket safety belt mobilization from May 21 June 3, 2007 in an effort to raise awareness and increase safety belt usage through a combination of enforcement and education; and WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the safety belt usage rate in the state from the current level of 90% to 92%; and WHEREAS, a further increase in safety belt usage in New Jersey will save lives on our roadways. NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that they hereby support the Click It or Ticket safety belt mobilization both locally and nationally from May 21 June 3, 2007 and pledges to increase awareness of the mobilization and the benefits of safety belt use. Mayor Ferrera said that during the next few weeks the Hillsborough Police Department would strictly enforce the state s seat belt law. The purpose of the Click It or Ticket program is to encourage people to use their seat belt. He commented on the high profile but unfortunate example of Governor Jon Corzine, who has said that he learned the hard way to wear his seat belt. The Mayor said that he hoped that Hillsborough residents all wore seat belts and hoped that very few would receive tickets during this program. SURACI COMMENTS.. Upon motion by Committeeman Suraci, seconded by Committeeman Drake, the aforesaid resolution was unanimously approved upon call of the roll. 4. Resolution authorizing the hiring of David Foelsch as Part Time Fire Marshal, as recommended by the Fire Commissioners, at a rate of $15.00 per hour effective May 30, WHEREAS, a vacancy exists in the position of Fire Marshal; and WHEREAS, the Board of Fire Commissioners have recommended that David Foelsch be hired as a part-time Fire Marshal at a rate of $15.00 per hour effective May 30, NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough that the recommendation of the Board of Fire Commissioners be and hereby is accepted and approved and David Foelsch be hired as a part-time Fire Marshal at a rate of $15.00 per hour effective May 30, Mayor Ferrera said that this appointment had been recommended by and would be funded by the Fire Commission. 12

13 Upon motion by Deputy Mayor Nisivoccia, seconded by Committeeman Suraci, the aforesaid resolution was unanimously approved upon call of the roll. 5. Resolution authorizing the hiring of seasonal employees, Michael Malko and Ernest Guaimano, for the Department of Public Works with a starting date of May 25, 2007 at an hourly rate of $10 per hour. WHEREAS, there is a need for temporary summer employment in the Department of Public Works in the Township of Hillsborough; and WHEREAS, the Township of Hillsborough will receive $45, from the Clean Communities Grant Fund, said monies to be used to cover the cost of the summer help in the Department of Public Works; and WHEREAS, the Director of Public Works has determined that the following two (2) applicants are the most qualified candidates and has recommended their appointment as summer employees with a start date of May 25, 2007, at a salary of $10.00 per hour, for a period of up to seventeen weeks, 40 hours per week: 1. Michael Malko 2. Ernest Guaimano 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 Director of Public Works hereby be accepted and approved. Mayor Ferrera stated that the seasonal employees assist the Public Works Department by providing manpower at a time when many employees are taking vacation time. Public Works employees are limited in their ability to take vacation during the winter weather period of December 1 to April 1, so their use of vacation time is concentrated in an eight month period. The Mayor said that the summer positions are funded through the Clean Communities program. Upon motion by Committeeman Suraci, seconded by Committeeman Drake, the aforesaid resolution was unanimously approved upon call of the roll. 6. Resolution authorizing the hiring of Helena M. Beck as a part time assistant to the technical assistants in the Building Department for 20 hours per week, at a rate of $12.00 per hour, with a starting date of May 23, WHEREAS, due to the increase of work and with summer vacation, there is a need to hire a part time assistant in the Building Department; and WHEREAS, Ronald M. Skobo, Director of Building and Construction, has recommended that Helena M. Beck be hired as a part-time assistant to the Technical Assistants in the Building Department at a rate of $12.00 per hour effective May 23, NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough that the recommendation of Ronald M. Skobo, Director of Building and Construction, be and hereby is accepted and approved and Helena M. Beck be hired as a parttime assistant to the Technical Assistants in the Building Department at a rate of $12.00 per hour effective May 23,

14 Mayor Ferrera said that the Construction Department would face a shortage in technical assistant staff because a staff member would be on extended sick leave in the near future; therefore, additional part-time staff was needed. AS AMENDED********************* 7. Resolution authorizing John Cilo, Jr. Associates, Inc., at a cost of $700, to update and recertify the 2004 survey for Block 167, Lot 9, Azimi property. 8. WHEREAS, there exists a need for surveying services in connection Block 167, Lot 9; and WHEREAS, funds are available for this purpose; and WHEREAS, the Local Public Contracts Law (NJSA 40A:11-1 et seq) requires that a resolution authorizing the payment of such professional fees, without competitive bidding must be publicly advertised; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough in the County of Somerset as follows: 1. That the Mayor and Township Clerk are hereby authorized and directed to execute an agreement in the amount not to exceed $ with John Cilo, Jr. Associates, Inc. to be retained to provide surveying services as per proposal dated May 14, That this contract is made without competitive bidding as a "professional service" under the provisions of the Local Public Contracts Law because of the qualitative nature of the service to be performed. 3. That a notice of this resolution shall be published as required by law within ten (10) days of its passage. Mayor Ferrera said that updating the survey for the Azimi property was one of the actions that needed to be taken as the Township moves toward a closing on the property purchase. Upon motion by Deputy Mayor Nisivoccia, seconded by Committeeman Wagner the aforesaid resolution was unanimously approved upon call of the roll. 8. Resolution authorizing the hiring of four individuals as temporary summer employees to perform a dog canvass from June 4 th through July 27, 2007 at a rate of $10.00 per hour. WHEREAS, pursuant to N.J.S.A. 4: each municipality must perform a dog canvass at least every two years; and WHEREAS, the Township is desirous of performing a comprehensive dog canvass to obtain an accurate accounting of licensed and unlicensed dogs residing in the Township; and WHEREAS, there is a need to hire four (4) temporary summer employees to perform a comprehensive canvassing of each home in the Township; and 14

15 and WHEREAS, the canvassing shall take place during the months of June and July 2007; WHEREAS, the Township Administrator/Clerk recommends the following individuals to be hired as temporary summer employees for the period of June 4 th through July 27 th for the purpose of conducting the dog canvass at a rate of $10.00 per hour: Laurie Anne Pfister Emily Dawn Schilke Carleigh Ann Zielinski Zachary Haines Smith 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 be and hereby is approved and the above mentioned individuals are hereby hired as temporary summer employees. Mayor Ferrera said that state law requires every municipality to conduct a dog census every two years to ensure that all dogs are licensed. Hillsborough s last census was in The Mayor said that these employees would conduct the door-to-door census. Upon motion by Deputy Mayor Nisivoccia, seconded by Committeeman Suraci, the aforesaid resolution was unanimously approved upon call of the roll. 9. Resolution authorizing the Mayor and Clerk of the Township of Hillsborough to execute a Special Event Contract with Dave & Buster s for Project Graduation. WHEREAS, Project Graduation desires to hold a special event for the Township of Hillsborough high school senior class at Dave & Buster s on June 21, 2007; and WHEREAS, the total cost of $21, for this event will be paid from donations received by Project Graduation; and WHEREAS, the Township Attorney has reviewed the Special Event Contract and finds it acceptable; and WHEREAS, the Special Event Contract has been executed by Dave & Buster s; and WHEREAS, Project Graduation desires the Mayor and Township Clerk execute the Special Event Contract with Dave & Buster s for Project Graduation; and WHEREAS, Project Graduation has also received a quote from Laidlaw in the sum of $ per bus and a total of $6, for eleven (11) buses; and WHEREAS, the costs for transportation to Dave & Buster s will also be paid from donations received by Project Graduation; and WHEREAS, both Dave & Buster s and Laidlaw have agreed to post Certificates of Insurance naming the Township of Hillsborough as an added insured. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, in the County of Somerset and State of New Jersey, as follows: 1. The Mayor and Township Clerk are hereby authorized to execute the Special Event Contract with Dave & Buster s for Project Graduation for a total amount of $21,

16 2. All Project Graduation expenses are to be paid from donations received by Project Graduation. 3. The members of Project Graduation are to be commended for their services in organizing this special event. 4. This Resolution shall take effect immediately. Mayor Ferrera commented that Project Graduation is an important program that provides graduating seniors with an opportunity to celebrate their graduation, while giving parents peace of mind that their children are in a safe environment, free of drugs and alcohol. The Mayor announced that this year the graduates would celebrate at Dave and Buster s in Philadelphia. He said that the Township s Youth Services Commission plays a significant role in helping to fund the program. Deputy Mayor Nisivoccia. Upon motion by Deputy Mayor Nisivoccia, seconded by Committeeman Suraci, the aforesaid resolution was unanimously approved upon call of the roll. 10. Resolution authorizing the hiring of Ernesto Gonzales for the position of Public Works Worker I for the Department of Public Works. WHEREAS, there exists one (1) vacancy in the Department of Public Works; and WHEREAS, the Director of Public Works recommends the hiring of Ernesto Gonzales as a Public Works Worker I, at a starting salary of $30,015 per year, effective June 4, NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, the recommendation of the Director of Public Works is hereby accepted and approved. Mayor Ferrera said that this appointment would fill a vacancy caused by the retirement of a Public Works employee last February. Upon motion by Committeeman Suraci, seconded by Committeeman Wagner, the aforesaid resolution was unanimously approved upon call of the roll. CONSENTS Mayor Ferrera offered the following consent agenda: 1. Resolution authorizing the Hillsborough Township Volunteer Fire Company #2 use of the Township Tent for the Firemen s Fair on July 23 rd through July 28, WHEREAS, Hillsborough Township Volunteer Fire Company #2 request the use of the Township s Celebration Tent for its Fireman s Fair on July 23 thru July 28, 2007; and WHEREAS, the Department of Parks and Recreation and the Recreation Commission recommend that Fire Company #2 s request be approved because they have always taken good care of the tent in the past. 16

17 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 Fire Company #2 s request to use the Township s Celebration Tent for its Fireman s Fair on July 23 rd thru July 28, Resolution authorizing the Girl Scouts of Rolling Hills Council exempt from paying local permit fees for Camp Agnes DeWitt. WHEREAS, the non-profit Girl Scouts of Rolling Hills are preparing to open the pool at Camp Agnes DeWitt in preparation for summer camp and are requesting the pool inspection and Health Department permit fees be waived; and WHEREAS, the Girl Scouts have previously received approval of fee waivers for past projects. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the pool inspection and Health Department permit fees in connection with the above be and are hereby waived. 3. Resolution authorizing the release of cash escrow from Winter Certificates of Occupancy for Kenneth Worden in the amount of $1,000. WHEREAS, a request has been received from Kenneth Worden for release of cash escrow for Winter Certificates of Occupancy; 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 $ 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 authorizing the release of Development Review Escrow for Jaime Mirante and Christopher DeRonde in the amount of $ WHEREAS, a request has been received from Jaime Mirante and Christopher DeRonde 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 $ Development Review Escrow that was posted for the completion of the project. 17

18 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. 5. Resolution approving an application for special permit for social affair for Hillsborough Volunteer Fire Company #3 for June 23, WHEREAS, an application for a Special Permit for Social Affair has been filed by Hillsborough Volunteer Fire Company #3 for a wet down for new apparatus party being held on June 23, 2007; and WHEREAS, the submitted application form is 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 application for Special Permit for Social Affair to Hillsborough Volunteer Fire Company #3 for a wet down for a new apparatus party being held on June 23, Resolution approving a Carnival License for Hillsborough Stop and Shop for a fund raiser to be held on June 2, WHEREAS, an application for a carnival license had been filed by Stop and Shop to hold a fund raising event for the benefit of the Memorial Sloan Kettering Children s Cancer Center being held on June 2, 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 carnival application submitted by Stop and Shop to hold a fund raising event for the benefit of the Memorial Sloan Kettering Children s Cancer Center being held on June 2, Resolution authorizing refund of tax overpayments in the amount of $7, 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, $7,243.47, total properties, 6. Block Lot Name Amount Qtr Year 71 6 Amboy National Bank 1, nd Amboy National Bank nd Amboy National Bank nd FIS Tax Service 2, nd

19 Condo Wells Fargo Real Estate Tax 1, nd 2007 Service 177.E 9 Amboy National Bank 2, nd Resolution authorizing the Hillsborough Township Tax Collector to prepare and mail estimated tax bills in accordance with P.L. 1994,c. 72. WHEREAS. The Hillsborough Township Tax Collector will be unable to mail the Township s 2007 tax bills on a timely basis due to unforeseen issues within the State of New Jersey; WHEREAS, the Hillsborough Township Chief Finance Officer/Tax Collector has computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3, and he has signed a certification showing the tax levies for the previous year, the tax rates and the range of permitted estimated tax levies; WHEREAS, in accordance with Chapter 72, P.L. 1994, the Township Committee requests the Director of the Division of Local Government Services to approve the estimated tax levy exceeding 105% listed below. Approval will enable the Township to meet its financial obligations, maintain the tax collection rate, and provide uniformity for tax payments and save the unnecessary cost of interest expenses on borrowing. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, in the County of Somerset and State of New Jersey on this 22nd day of May, 2007, as follows: 1. The Hillsborough Township Tax Collector is hereby authorized and directed to prepare and issue estimated tax bills for the Township for the third installment of 2007 taxes. The Tax Collector shall proceed upon approval from the Director and take such actions as are permitted and required by P.L. 1994, c. 72 (N.J.S.A. 54: and ). 2. The entire estimated tax levy for 2007 is hereby set at $110,746, In accordance with law the third installment of 2007 taxes shall not be subject to interest until the later of August 10 th or the twenty-fifth calendar day after the date the estimated tax bills were mailed. The estimated tax bills shall contain a notice specifying the date on which interest may begin to accrue. 9. Resolution approving the raffle license #1060 for the Organization for Autism Research to be held June 25, WHEREAS, an application for a raffle license had been filed by the Organization for Autism Research to be held on June 25, 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 #1060 to the Organization For Autism Research, for a raffle to be held on June 25,