TABLE OF CONTENTS CALL OF THE ROLL:... 3 SALUTE TO THE FLAG:... 3

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1 TABLE OF CONTENTS CALL OF THE ROLL:... 3 SALUTE TO THE FLAG:... 3 ANNOUNCEMENT THAT MEETING HAS BEEN PROPERLY ADVERTISED IN ACCORDANCE WITH THE OPEN PUBLIC MEETINGS ACT:... 3 PROCLAMATION: Retirement of Lieutenant Peter Staats... 3 SWEARING IN OF POLICE OFFICERS: Lieutenant Paul A. Kaminsky... 4 Sergeant Robert Flaherty... 4 DISPOSITION OF MINUTES: Closed Meeting Minutes of January 12, Work Meeting Minutes of January 12, Regular Meeting Minutes of January 12, REPORTS FROM COMMITTEE LIAISONS:... 6 NEW BUSINESS FROM TOWNSHIP COMMITTEE:... 7 BUSINESS FROM THE FLOOR FOR ITEMS ON THE AGENDA:... 7 CONSIDERATION: 1. Resolution appointing Sergeant Paul A. Kaminsky to the position of Lieutenant effective, at an annual salary of $74, Resolution of appointment Corporal Robert Flaherty to the position of Sergeant effective, at an annual salary of $63, Resolution approving 1999 grant disbursement recommendations of the Credit Card Advisory Committee Resolution accepting a grant extension from February 1, 1999 through January 31, 2000 in the amount of $60,000 from the New Jersey Safe and Secure Communities Program Resolution authorizing the cancellation of unexpended and dedicated balances of the General Capital Appropriations Resolution establishing the annual salaries and wages for the Municipal Attorney ($65,000), Municipal Prosecutors ($20,500 ea.) and Public Defender ($6,000) Resolution authorizing the execution of a Professional Services contract with Emil Philibosian, Esq. as Township Attorney at an annual salary of $65,000, salary and retainer not to exceed $100, Resolution authorizing the execution of a Professional Services contract with Frank N. Yurasko, Esq. for litigation services at a rate of $135 per hour, not to exceed $26, Resolution authorizing the execution of a Professional Services contract with Edward A. Halpern, Esq. for legal services at a rate of $110 per hour, not to exceed $11, Resolution authorizing the execution of a Professional Services contract with Arthur Skaar, Esq. as primary litigation counsel at a rate of $110 per hour, not to exceed $22, Resolution authorizing the execution of a Professional Services contract with Brian Cige, Esq. for legal services at a rate of $110 per hour, not to exceed $22, Resolution awarding Contract , "Woodfern Park Recreation Complex-Phase A," to Fischer Contracting, Inc. for an amount not to exceed $375, Resolution authorizing an Interlocal Services Agreement with Branchburg Township for Child Health Conference Services, in the amount of $50 per child with an estimated total of $1,

2 14. Resolution authorizing the execution of a contract with St. Hubert's Giralda Animal Wardening Services for 2000 in the amount of $30, Resolution permitting the Somerset County Division of Solid Waste Management to use the Township's Park & Ride facility on April 15, 2000, for their annual compost bin sale Resolution regarding a request from Country Classics for the acceptance of project, public roads and Maintenance Bond No. KOG SUB and release of performance bonds for The Paddocks -- Phase I Resolution regarding a request from Country Classics for the acceptance of project, public roads and Maintenance Bond No. KOG SD and release of performance bonds for The Paddocks -- Phase II Resolution accepting Maintenance Bond A M in the amount of $8, from Solar-Mite Electrical Contractors, Inc., for Project 99-02, "Signalization of the Raider Boulevard / Homestead Road Intersection." Introduction of Ordinance amending and supplementing Part I, Chapter 10, Article III Municipal Prosecutor of the Code of the Township of Hillsborough, in the County of Somerset, New Jersey and setting the public hearing for February 23, Introduction of Ordinance amending and supplementing Part I, Chapter 31, Article X Township Attorney, Article XA Corporation Counsel and Article XB General Litigation Counsel of the Code of the Township of Hillsborough, in the County of Somerset, New Jersey and setting the public hearing for February 23, Introduction of Ordinance amending Chapter 77 (Development Regulations) Section 15 (Guarantees and Inspections) Subsection G (Performance of Work) 7 of the Municipal Code of the Township of Hillsborough, County of Somerset, State of New Jersey so as to Assure Township Engineer Approval of the Foundation Location and Elevation Survey before the Hillsborough Township Construction Department is Requested to Perform the Backfill / Foundation Inspection and setting the public hearing for February 23, CONSENT: 1. Approval of Raffle Application No. 785, Woodfern Home & School Association for games to be played on February 26, 2000 (on-premise draw) Approval of Raffle Application No. 786, St. Mary s Byzantine Catholic Church PTA, for games to be played on March 26, 2000 (on-premise draw) Resolution authorizing the Tax Collector to reduce said amount to listed property owner as a result of a favorable tax appeal. (Total $ Property) Resolution authorizing the Tax Collector to refund said amounts to listed property owners as a result of overpayment of real property taxes. (Total $32, Properties) Resolution authorizing the Tax Collector to release the amount specified to the lienholder listed as a result of a redemption of lien. (Total $ Property) Resolution authorizing the Tax Collector to make necessary adjustments to listed properties as a result of disapproved Senior Citizen applications. (Total $ Property)...27 RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS:...27 Municipal Court, December 1999 Police Department, December 1999 CLAIMS LIST: BUSINESS FROM THE FLOOR FOR NEW MATTERS:...27 ADJOURNMENT:

3 The Township Committee of the Township of Hillsborough met in a Regular Meeting on the above date at 8:00 PM. Those in attendance were as follows: Mayor Joseph Tricarico, Deputy Mayor Christine Jensen, Committeewoman Sonya Martin, Committeeman Robert Mack, Township Attorney Emil Philibosian, Administrator John Middleton, and Township Clerk Gail W. McKane. Absent: Committeeman John Gelardi. Following Roll Call and Salute to the Flag, Mayor Joe Tricarico advised that notice of this Regular Meeting was given to the Township Clerk, posted on the bulletin board at Municipal Complex, and written notices sent to the Messenger Gazette, Hillsborough Beacon and the Courier News. All notices were given at least 48 hours in advance, and to the extent known, the items on the agenda. PROCLAMATION: Retirement of Lieutenant Peter Staats Mayor Tricarico read the following proclamation: WHEREAS, Lieutenant Charles P. Staats is retiring from the Hillsborough Township Police Department effective February 1, 2000 after twenty-five and a half years of dedicated service; and WHEREAS, Lieutenant Staats was appointed to the Hillsborough Township Police Department on September 1, 1974 and over his career has continually displayed professionalism and a dedication to duty that exemplifies the high standards of the Department. Officers of his quality have helped to establish the fine reputation that the Hillsborough Township Police Department has built over its 36 years of existence; and WHEREAS, Lieutenant Staats career started in the Patrol Division and in January 1982 he was assigned to the Investigative Division as a detective. While serving in this capacity, he developed an excellent reputation throughout Somerset County for his detailed and thorough investigations. In April of 1985 he was promoted to the rank of Sergeant and was assigned as a Shift Commander in the Patrol Division. In July of 1987 Lieutenant Staats was reassigned to the Services Division where he took on the responsibility of Training Officer for the Department. He served in that capacity until June of 1990 when he was promoted to the rank of Lieutenant. During his ten years as Lieutenant, he served as Division Commander in all four of the Department s Divisions and was credited with leading the Department into the computer age, bringing records to computer format, assisting with computer aided dispatching and supporting personnel with word processing functions and always looking for new and innovative ways of practicing the art of law enforcement. As an instructor at the Somerset Police Academy he assisted with in-service and recruit training; and WHEREAS, throughout his career, Lieutenant Staats has received numerous commendations from the Chief of Police for his excellent service, often involving donating his own time to departmental activities and programs. Lieutenant Staats received command citations in 1976 for assisting in an investigation, preparing the Department properly for inspection and for donating his time in an investigation. In 1978 he received command citations for his outstanding performance, in 1979 for assisting in a burglary arrest, in 1981 for his assistance with the Department s Police Entrance Exam, in 1983 and 1984 for his help with the Bicycle Safety Program, in 1985 for his off-duty observations which led to an arrest of a long-time burglar, in 1989 for his excellent job as TAC Officer, in 1996 for his assistance in supervising the arrest of suspects charged with 8 burglaries, in 1998 for his work during a plane crash and in 1999 for his Division solving three burglaries, for a homicide investigation and for his assistance during the flood. His personnel file is filled with numerous letters of appreciation from citizens thanking him for a job well done. WHEREAS, Lieutenant Staats was awarded two Medals of Merit, one for apprehension of burglars in 1981 and one for his involvement with the Adopt-A-Cop Program in In 1999, he also worked closely with Assemblyman Christopher Bateman and was instrumental in having legislation introduced regulating pawnshops and dealers in precious metals. In January of 2000, Dr. Gulick commended him for his involvement in evaluating the safety of the Township s schools. 3

4 NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and Township Committee that Lieutenant Charles P. Staats has been an asset to the Hillsborough Township Police Department and is to be commended for his twenty-five and a half years of dedication and service to the Township of Hillsborough and for the valuable contributions he has made to our community. BE IT FURTHER PROCLAIMED that each member of the Township Committee thanks him for his years of dedicated service and wishes him continued success in his future endeavors. Members of the Township Committee congratulated Lt. Staats and wished him well. Mayor Tricarico expressed his sadness in losing Lt. Staats and commended him for his outstanding service to Hillsborough Township. He commented that two officers now have promotional opportunities as a result. SWEARING IN OF POLICE OFFICERS: Lieutenant Paul A. Kaminsky Sergeant Robert Flaherty Consideration Item 1: Resolution appointing Sergeant Paul A. Kaminsky to the position of Lieutenant effective February 1, Deputy Mayor Jensen offered a resolution appointing Sergeant Kaminsky to the position of Lieutenant effective February 1, Seconded by Committeeman Robert Mack.. Mayor Tricarico administered the oath of office to Lieutenant Kaminsky. WHEREAS, the promotional process conducted in accordance with Hillsborough Township Ordinance to select the most suitable candidate for promotion to the position of Lieutenant in the Hillsborough Police Department has been completed; and WHEREAS, the highest rated candidate for the position was determined to be Sergeant Paul A. Kaminsky; and WHEREAS, Chief of Police Robert Gazaway has recommended the appointment of Sergeant Kaminsky to the position of Lieutenant effective January 26, 2000 at an annual salary of $74,745 per the current salary of lieutenants. NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the recommendation of Chief of Police Robert Gazaway be and hereby is accepted and approved, and Sergeant Paul A. Kaminsky shall be promoted to the position of Lieutenant in the Hillsborough Police Department effective February 1, Consideration Item 2: Resolution appointing Robert Flaherty to the position of Sergeant effective February 1, Committeeman Mack offered a resolution to appoint Robert Flaherty to the position of Sergeant effective February 1, Seconded by Committeewoman Martin. 4

5 . Mayor Tricarico administered the oath of office to Sergeant Flaherty. WHEREAS, the promotional process conducted in accordance with Hillsborough Township Ordinance to select the most suitable candidate for promotion to the position of Sergeant in the Hillsborough Police Department has been completed; and WHEREAS, the highest rated candidate for the position was determined to be Corporal Robert Flaherty; and WHEREAS, Chief of Police Robert Gazaway has recommended the appointment of Corporal Robert Flaherty to the position of Sergeant effective February 1, 2000 at an annual salary of $63,644 per the current P.B.A. Contract. NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the recommendation of Chief of Police Robert Gazaway be and hereby is accepted and approved, and Corporal Robert Flaherty shall be promoted to the position of Sergeant in the Hillsborough Police Department effective February 1, DISPOSITION OF MINUTES: Closed Meeting Minutes of January 12, 2000 Deputy Mayor Jensen offered a motion to approve the Closed Meeting Minutes of January 12, 2000 and dispense with the reading of the same. Seconded by Committeewoman Martin.. Work Meeting Minutes of January 12, 2000 Committeeman Mack offered a motion to approve the Work Meeting Minutes of January 12, 2000 and dispense with the reading of the same. Seconded by Committeewoman Martin.. Regular Meeting Minutes of January 12, 2000 Committeewoman Martin cited a correction on page 5 in the second paragraph, the last sentence. She explained that the sentence needed to be changed from Board of Education to Recreation and Parks Commissions. Committeewoman Martin offered a motion to approve, as amended, the Regular Meeting Minutes of January 12, 2000 and dispense with the reading of the same. Seconded by Committeeman Mack.. 5

6 REPORTS FROM COMMITTEE LIAISONS: Mayor Tricarico Mayor Tricarico had nothing to report. Deputy Mayor Jensen Deputy Mayor Jensen thanked everyone who assisted during the fire in the Hillsborough Gardens Condominium Complex the past week, including the Hillsborough Emergency personnel and the Department of Social Services for their rapid response and the compassion they displayed. She reminded all residents of the ice-skating rinks, which are open at Ann Van Middlesworth and Docherty Parks. Deputy Mayor Jensen encouraged everyone to try them. She stated that additional information is available through the web site or by contacting Tom Czerniakowski, the Director of Recreation. She then extended her congratulations and best wishes to Lt. Staats and the two newly promoted officers. Committeeman Mack Committeeman Mack had nothing to report. Committeewoman Martin Committeewoman Martin discussed the role of Mary Ellen Stahley, Director of Social Services, and Karen Sowden of the Health Department during the fire at Hillsborough Gardens Condominium Complex. She expressed her relief that no lives were lost and that everyone affected is receiving assistance. Committeewoman Martin remarked that the cleaning company had overlooked their scheduled quarterly clean up of the Multi-Purpose Room and the kitchen. She explained that they have been notified and that a comprehensive cleaning will take place. Committeewoman Martin added that routine cleaning would occur without any impediment. Committeewoman Martin provided the Township Committee with an overview of the Social Services Department. She explained how invaluable the bus program is to seniors of this community. Committeewoman Martin noted that the senior bus has over 180,000 miles on it and needs to be replaced. She advised that a request had been submitted to the Capitol Planning Committee to replace the bus, as well as a grant application to New Jersey Transit. Committeewoman Martin continued to explain some of the other services, specifically the exercise class, line dancing and the Mr. Fix-It Program. She provided a log of repairs performed since the start of the Mr. Fix-It Program in July of Committeewoman Martin discussed the reorganization of the Credit Card Advisory Committee held on January 19 th. She explained that the CCAC would be reviewing grant guidelines and that grant applications would be considered biannually. Committeewoman Martin advised that the CCAC determined that the first round of applications would start on February 9 th. She commented that the Department of Social Services submitted an application for replacement of 29 tables in the Multipurpose Room. Committeewoman Martin announced the Recreation Commission is sponsoring a performance by the Belle Mead Ballet Company. She explained that tickets could be obtained by contacting the Recreation Department. Committeewoman Martin reported that on January 17 th, the Hillsborough Neighbors of Color sponsored a luncheon in honor of Dr. Martin Luther King. Committeewoman Martin advised that Mary Ellen Stahley, Director of Social Services, received a donation for flood victims at the luncheon. Committeewoman Martin explained that a bill was passed by the Governor which would reimburse individuals affected by Hurricane Floyd for sales tax paid on home repairs and purchases to replace motor vehicle, household goods and appliances destroyed by flood waters. She requested that this information be placed on the web site and in the next Township Newsletter. 6

7 NEW BUSINESS FROM TOWNSHIP COMMITTEE: Mayor Tricarico Mayor Tricarico echoed the compliment to Emergency Services Personnel. He added that they are usually taken for granted until a time of need. Deputy Mayor Jensen Deputy Mayor Jensen had no new business. Committeeman Mack Committeeman Mack had no new business. Committeewoman Martin Committeewoman Martin had no new business. BUSINESS FROM THE FLOOR FOR ITEMS ON THE AGENDA: Mayor Tricarico asked if there were any questions regarding items on the agenda. He explained that additional questions would also be addressed while moving through the agenda. Art Zander, South Branch Road, questioned Consideration Item 3. He asked who would be charged with monitoring the use of the timing system and its care. Mr. Zander expressed concern that other individuals or groups would have access to the equipment. Mayor Tricarico stated that the timing system is being purchased for the Hillsborough YMCA Swim Team Parents Organization and was not concerned if additional persons made use of the equipment while at the YMCA. Deputy Mayor Jensen pointed out that the monies used for the equipment were from a Credit Card Grant. Committeewoman Martin explained that there was no possible way to monitor the use of all the items acquired by Credit Card Grants and whether or not the items were used for the original purpose would have to be on good faith. She stated that the only other option was to deny the applications, which would be denying the citizens. Mayor Tricarico stressed that by removing the responsibility of determining the recipients of the credit card money from the Township Committee and placing it in the hands of a group of citizens, the process was legitimized. Mr. Zander asserted that he thought the grant monies should be used for other organizations, and not for the YMCA which has a religious affiliation. He also commented that with the amount of money the Board of Education received from taxes, school-based activities should not qualify for these grant monies. Mr. Zander questioned Consideration Item 6, which was the resolution to establish salaries and wages for Township Employees. He felt it should be an ordinance. Administrator Middleton explained that there is a salary range ordinance that establishes the range of salary for a position and the actual salary is set by resolution within those ranges. Mayor Tricarico asked if there were any other questions regarding the agenda, and restated that everyone should feel free to ask questions while the agenda was being discussed. 7

8 CONSIDERATION: Consideration Item 3: Resolution approving 1999 grant disbursement recommendations of the Credit Card Advisory Committee. He reviewed the recommendations of the Credit Card Advisory Committee. Mayor Tricarico thanked them for their hard work and complimented them for a good job. Committeewoman Martin explained that three applications had been rejected. She reiterated that the next round of applications would start February 9th for any members of the community that wished to apply. Deputy Mayor Jensen offered a motion approving 1999 grant disbursement recommendations of the Credit Card Advisory Committee. Seconded by Committeewoman Martin. Roll Call: Mack-yes; Martin-yes; Jensen-yes; Tricarico-abstain WHEREAS, the Township Committee established a Credit Card Advisory Committee for the purpose of reviewing applications for Affinity Credit Card Grants and making recommendation regarding same; and WHEREAS, the Credit Card Advisory Committee has reviewed twelve applications and made the following recommendations: Recommended for Acceptance: A. Cash Disbursements #99-1 Hillsborough Senior Citizens Chapter A $ 5,000 Support 25 th Anniversary #99-2 Hillsborough Senior Citizens Chapter B $ 5,000 Support various programs #99-3 Hillsborough Craft Club for Seniors $ 200 Purchase materials for handmade items B. Purchase Materials #99-4 Hillsborough Little League $ 5,000 Purchase air dryer oven #99-5 Boy Scout Troop #89 $ 5,000 Purchase trailer for campouts w/equipment #99-6 Hillsborough High School Model $ 2,118 Congress/UN Purchase laptop computer w/printer #99-7 Hillsborough High School Robo Raiders $ 5,000 Purchase miscellaneous items for robot #99-8 Somerset Valley YMCA at Hillsborough $ 4,625 Swim Team Parents Organization Purchase electronic timing system TOTAL $31,943 8

9 Recommended for Rejection #99-10 Hillsborough Senior Citizens Chapter A $ 549 Wireless microphone system Note: Maximum allowed is $5,000 per organization (See Item #99-1) Refer to Guidelines 1.3 #99-11 Hillsborough Science Coalition $ 500 Support annual 5 th grade Super Saturday Science Convention Note: Items submitted have no material value. Money requested is for expenses. Refer to Guidelines 1.2 #99-12 Somerset Valley YMCA at Hillsborough $ 4,949 Portable bleachers Note: Maximum allowed is $5,000 per organization. (See Item #99-8) Refer to Guidelines 1.3 TOTAL $ 5,998; and WHEREAS, the Chief Financial Officer has certified as to the availability of funds. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Credit Card Advisory Committee s recommendations are accepted and approved. Consideration Item 4: Resolution accepting a grant extension from February 1, 1999 through January 31, 2000 in the amount of $60,000 from the New Jersey Safe and Secure Communities Program Deputy Mayor Jensen offered a motion accepting the grant. Seconded by Committeewoman Martin. WHEREAS, the Hillsborough Township Police Department wishes to apply for funding a project under the Safe and Secure Communities and, WHEREAS, the Hillsborough Township Committee has reviewed the accompanying Application and has approved said request, and WHEREAS the project is a joint effort between the Department of Law and Public Safety and Hillsborough Township Police Department for the purpose described in the application; THEREFORE, BE IT RESOLVED by the Hillsborough Township Committee that: 1) As a matter of public policy Hillsborough Township Police wishes to participate to the fullest extent possible with the Department of Law and Public Safety. 2) The Attorney General will receive funds on behalf of the applicant. 3) The Division of Criminal Justice shall be responsible for the receipt and review of the applications for the said funds. 4) The Division of Criminal Justice shall initiate allocations to each applicant as authorized. 9

10 Consideration Item 5: Resolution authorizing the cancellation of unexpended and dedicated balances of the General Capital Appropriations Committeewoman Martin offered a motion approving the cancellation. Seconded by Deputy Mayor Jensen WHEREAS, certain General Capital Improvement appropriation balances remain dedicated to projects now completed; and WHEREAS, it is now necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Fund Balance, and unused debt authorizations may be canceled; NOW THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Hillsborough, that the following unexpended and dedicated balances of the General Capital Appropriations be canceled: ORD. DATE PROJECT AMOUNT FUND NO. AUTH. DESCRIPTION CANCELED CREDITED /25/92 Somerset Expressway $69, CIF /8/98 Traffic Signal $11, Fund Balance Consideration Item 6: Resolution establishing the annual salaries and wages for the Municipal Attorney ($65,000), Municipal Prosecutors ($20,500 ea.) and Public Defender ($6,000). Committeewoman Martin moved to adopt. Seconded by Committeeman Mack. BE IT RESOLVED, by the Township Committee of the Township of Hillsborough that the salaries of the following employees are listed below for the year 2000 retroactive to January 1, 2000 unless otherwise specified. NAME POSITION SALARY Emil H. Philibosian Township Attorney $65, Edward Shamy Municipal Prosecutor $20, Robert Smith Municipal Prosecutor $20, John Charles Shamy Public Defender $6, Consideration Item 7: Resolution authorizing the execution of a Professional Services contract with Emil Philibosian, Esq. as Township Attorney at an annual salary of $65,000, salary and retainer not to exceed $100,000 Deputy Mayor Jensen moved to adopt. Seconded by Committeewoman Martin. 10

11 WHEREAS, there exists a need for a Township Attorney for issues arising from claims against the Township and funds are available and have been certified by the local finance officer, said certification being attached to the resolution; and WHEREAS, the Township Administrator has recommended the award of contract for Professional Services be made to Emil H. Philibosian, Esq How Lane, Suite 200, North Brunswick, NJ; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for Professional Services without competitive bid must be publicly advertised. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey as follows: 1. The Mayor and Clerk are hereby authorized to execute the attached agreement with Emil H. Philibosian with regards to Township Attorney services to be performed at an annual salary of $65,000 and billing at an hourly rate of $110.00, up to a maximum of $100,000.00, including salary. 2. This contract is awarded without competitive bidding as a Professional Service in accordance with N.J.S.A. 40A:11-5(1)a of the Local Public Contracts Law because these services will be performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, the performance of which service requires knowledge of an advance type in a field of learning acquired by a prolonged formal course of specialized instructions as distinguished from general academic instruction or apprenticeship and training. 3. The Mayor and Township Clerk are hereby authorized to execute the Township s standard form of agreement attached hereto and made a part hereof for Professional Services and any modifications thereto and related constituent documents as may be found acceptable by the Township Committee. 4. A notice of this action shall be printed once in the official Township newspaper. Consideration Item 8: Resolution authorizing the execution of a Professional Services contract with Frank N. Yurasko, Esq. for litigation services at a rate of $135 per hour, not to exceed $26,000. Committeeman Mack moved to adopt. Seconded by Committeewoman Martin. WHEREAS, there exists a need for litigation counsel for specific issues arising from claims against the Township and funds are available and have been certified by the local finance officer, said certification being attached to the resolution; and WHEREAS, the Township Administrator has recommended the award of contract for Professional Services be made to Frank N. Yurasko, Esq., 139 West End Avenue, Somerville, N. J.; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for Professional Services without competitive bid must be publicly advertised. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey as follows: 1. The Mayor and Clerk are hereby authorized to execute the attached agreement with Frank N. Yurasko with regards to specific litigation services to be performed at an hourly rate of $135.00, up to a maximum of $26, This contract is awarded without competitive bidding as a Professional Service in accordance with N.J.S.A. 40A:11-5(1)a of the Local Public Contracts Law because these services will be performed by a person 11

12 authorized by law to practice a recognized profession, whose practice is regulated by law, the performance of which service requires knowledge of an advance type in a field of learning acquired by a prolonged formal course of specialized instructions as distinguished from general academic instruction or apprenticeship and training. 3. The Mayor and Township Clerk are hereby authorized to execute the Township s standard form of agreement attached hereto and made a part hereof for Professional Services and any modifications thereto and related constituent documents as may be found acceptable by the Township Committee. 4. A notice of this action shall be printed once in the official Township newspaper. Consideration Item 9: Resolution authorizing the execution of a Professional Services contract with Edward A. Halpern, Esq. for legal services at a rate of $110 per hour, not to exceed $11,000. Deputy Mayor Jensen motioned to accept. Seconded unanimously by Committeewoman Martin and Committeeman Mack. WHEREAS, there exists a need for specific legal services for issues concerning the Township and funds are available and have been certified by the local finance officer, said certification being attached to the resolution; and WHEREAS, the Township Administrator has recommended the award of contract for Professional Services be made to Edward A. Halpern, 306 Omni Drive, Route 206 South, Somerville, NJ; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for Professional Services without competitive bid must be publicly advertised. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey as follows: 1. The Mayor and Clerk are hereby authorized to execute the attached agreement with Edward A. Halpern with regards to specific legal services to be performed at an hourly rate of $110.00, up to a maximum of $11, This contract is awarded without competitive bidding as a Professional Service in accordance with N.J.S.A. 40A:11-5(1)a of the Local Public Contracts Law because these services will be performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, the performance of which service requires knowledge of an advance type in a field of learning acquired by a prolonged formal course of specialized instructions as distinguished from general academic instruction or apprenticeship and training. 3. The Mayor and Township Clerk are hereby authorized to execute the Township s standard form of agreement attached hereto and made a part hereof for Professional Services and any modifications thereto and related constituent documents as may be found acceptable by the Township Committee. 4. A notice of this action shall be printed once in the official Township newspaper. 12

13 Consideration Item 10: Resolution authorizing the execution of a Professional Services contract with Arthur Skaar, Esq. as primary litigation counsel at a rate of $110 per hour, not to exceed $22,000. Committeewoman Martin moved to adopt. Seconded by Deputy Mayor Jensen. WHEREAS, there exists a need for a primary litigation counsel for specific issues arising from claims against the Township and funds are available and have been certified by the local finance officer, said certification being attached to the resolution; and WHEREAS, the Township Administrator has recommended the award of contract for Professional Services be made to Arthur Skaar, Esq., 425 Amwell Road, Belle Mead, N. J.; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for Professional Services without competitive bid must be publicly advertised. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey as follows: 1. The Mayor and Clerk are hereby authorized to execute the attached agreement with Arthur Skaar as primary litigation counsel at an hourly rate of $110.00, up to a maximum of $22, This contract is awarded without competitive bidding as a Professional Service in accordance with N.J.S.A. 40A:11-5(1)a of the Local Public Contracts Law because these services will be performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, the performance of which service requires knowledge of an advance type in a field of learning acquired by a prolonged formal course of specialized instructions as distinguished from general academic instruction or apprenticeship and training. 3. The Mayor and Township Clerk are hereby authorized to execute the Township s standard form of agreement attached hereto and made a part hereof for Professional Services and any modifications thereto and related constituent documents as may be found acceptable by the Township Committee. 4. A notice of this action shall be printed once in the official Township newspaper. Consideration Item 11: Resolution authorizing the execution of a Professional Services contract with Brian Cige, Esq. for legal services at a rate of $110 per hour, not to exceed $22,000. Deputy Mayor moved to adopt. Seconded by Committeewoman Martin. WHEREAS, there exists a need for specific legal services for issues concerning the Township and funds are available and have been certified by the local finance officer, said certification being attached to the resolution; and WHEREAS, the Township Administrator has recommended the award of contract for Professional Services be made to Brian Cige, Esq., 7 East High Street, Somerville, NJ; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for Professional Services without competitive bid must be publicly advertised. 13

14 NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey as follows: 1. The Mayor and Clerk are hereby authorized to execute the attached agreement with Brian Cige with regards to specific legal services to be performed at an hourly rate of $110.00, up to a maximum of $22, This contract is awarded without competitive bidding as a Professional Service in accordance with N.J.S.A. 40A:11-5(1)a of the Local Public Contracts Law because these services will be performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, the performance of which service requires knowledge of an advance type in a field of learning acquired by a prolonged formal course of specialized instructions as distinguished from general academic instruction or apprenticeship and training. 3. The Mayor and Township Clerk are hereby authorized to execute the Township s standard form of agreement attached hereto and made a part hereof for Professional Services and any modifications thereto and related constituent documents as may be found acceptable by the Township Committee. 4. A notice of this action shall be printed once in the official Township newspaper. Consideration Item 12: Resolution awarding Contract , "Woodfern Park Recreation Complex-Phase A," to Fischer Contracting, Inc. for an amount not to exceed $375,258. Committeeman Mack moved to adopt. Seconded by Committeewoman Martin. WHEREAS, the Township Engineer Frank Scarantino has determined that there is a need for the acquisition of the following: Woodfern Park Recreation Complex Phase A (Earthworks); and WHEREAS, a notice of advertisement for bids and an Invitation to Bid were prepared and advertised on December 15, 1999; and WHEREAS, sealed bids were opened and read on January 11, 2000, in the Hillsborough Municipal Complex at the time and place provided for in the Invitation to Bid entitled Woodfern Park Recreation Complex Phase A (Earthworks) in accordance with the Local Public Contracts Law; and WHEREAS, the four low bidders for Woodfern Park Recreation Complex Phase A (Earthworks) are as follows: 1. Fischer Contracting, Inc. $375, PHA Inc. $379, Ranchlands Inc. $399, CVI $402, WHEREAS, the Township Engineer Frank Scarantino has reviewed the bids and recommended the award of contract to Fischer Contracting, Inc., as the lowest responsible bidder for Woodfern Park Recreation Complex Phase A (Earthworks) at a price not to exceed $375,258.00; and WHEREAS, the Township Attorney has reviewed the bid proposal of Fischer Contracting, Inc., and declares it to be in conformance with the Local Public Contracts Law and the Township Instructions 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). 14

15 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 Woodfern Park Recreation Complex Phase A (Earthworks) is hereby made to Fischer Contracting, Inc. as the lowest responsible bidder at a price not to exceed $375, The Mayor and the Municipal Clerk are hereby authorized to execute the Township standard form of agreement, attached hereto and made a part hereof, for goods, products and services and any modifications thereto related constituent documents as may be found acceptable by the Township Committee. Consideration Item 13: Resolution authorizing an Interlocal Services Agreement with Branchburg Township for Child Health Conference Services, in the amount of $50 per child with an estimated total of $1,000. Committeewoman Martin moved to adopt. Seconded by Committeeman Mack. WHEREAS, N.J.S.A. 40:8A, the Interlocal Services Act authorized any local unit to enter into a contract with another local unit for the joint provision within their several jurisdictions of any services which any party to the agreement is empowered to render within it s own jurisdiction; and WHEREAS, the Township of Branchburg has requested that the Township of Hillsborough Health Department provide Child Health Conference Services (CHC) for the Township of Branchburg; and WHEREAS, the Township of Hillsborough is agreeable to provide such CHC services in accordance with the terms and conditions of a certain Agreement to be executed which is attached hereto and which is available for public inspection at the office of the Municipal Clerk, 555 Amwell Road, Neshanic, NJ NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby authorizes it s appropriate government officials to enter into and execute the attached Agreement between the Township of Branchburg and the Township of Hillsborough pursuant to N.J.S.A. 40:8A wherein the Township of Hillsborough shall provide certain Child Health Conference Health Services to the Township of Branchburg. Consideration Item 14: Resolution authorizing the execution of a contract with St. Hubert's Giralda Animal Wardening Services for 2000 in the amount of $30,000. Deputy Mayor Jensen moved to adopt. Seconded by Committeeman Mack. WHEREAS, the Township of Hillsborough wishes to enter into an agreement with the Somerset County Humane Society/St. Hubert s Giralda Animal Welfare and Education Center to annually provide wardening services for the Township; and WHEREAS, the Township Attorney has reviewed the contract for 2000 services and finds satisfactory; and 15

16 WHEREAS, said contract may be awarded in accordance with N.J.S.A. 40: which permits a waiver of the bid requirements contained in the Local Public Contract Law; and WHEREAS, a certification from the Chief Financial Officer showing availability of funds has been provided in accordance with New Jersey law and is attached hereto and incorporated herein and such certification together with this resolution is herewith certified by the Township Attorney as complying with New Jersey law. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough as follows; 1. The Contract for the services of Animal Warden is hereby awarded to Somerset County Humane Society/St. Hubert s Giralda Animal Welfare and Education Center for 2000, in the amount of $30, The appropriate Municipal Officials be and hereby are directed to proceed with the execution of the amended contract between the Township of Hillsborough and the Somerset County Humane Society/St. Hubert s Giralda Animal Welfare and Education Center. Consideration Item 15: Resolution permitting the Somerset County Division of Solid Waste Management to use the Township's Park & Ride facility on April 15, 2000, for their annual compost bin sale. Committeewoman Martin moved to adopt. Seconded by Deputy Mayor Jensen. WHEREAS, the Somerset County Division of Solid Waste Management has expressed a desire to use the Hillsborough Township Park & Ride facility on Amwell Road for the sale of compost bins; and WHEREAS, such sale would take place on April 15, 2000 between the hours of 8:30 AM and 1:00 PM; and WHEREAS, Township Engineer Frank Scarantino certifies that this location is more than large enough to handle the distribution truck and associated traffic; and WHEREAS, the Hillsborough Township Committee feels that this location is convenient to Hillsborough residents who wish to purchase Somerset County s compost bins. NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby authorizes the following: 1) The request by the Somerset County Division of Solid Waste Management for use of the Hillsborough Township Park & Ride facility on Amwell Road, for the sale of compost bins, to be held on April 15, 2000 between the hours of 8:30 AM and 1:00 PM is hereby accepted and approved 2) Somerset County Division of Solid Waste Management shall provide the Township with a certificate of general liability insurance in the amount of $2,000, aggregate naming the Township of Hillsborough as an added insured 3) Somerset County Division of Solid Waste Management agrees to indemnify and hold the Township of Hillsborough harmless from any and all liability arising out of the use of the Park & Ride facility on Amwell Road 16

17 Consideration Item 16: Resolution regarding a request from Country Classics for the acceptance of project, public roads and Maintenance Bond No. KOG SUB and release of performance bonds for The Paddocks -- Phase I. Deputy Mayor Jensen moved to adopt. Seconded by Committeewoman Martin and Committeeman Mack unanimously. WHEREAS, a request has been received from Country Classics, Inc. for the acceptance of The Paddocks Phase I; and WHEREAS, Township Engineer Frank Scarantino has certified the following: 1. Survey Monumentation Certification is on file 2. As-built Record Mylars 3. All site improvement punchlist items have been addressed 4. Maintenance Bond No. KOG SUB from Mountbatten Surety Company in the amount of $382, has been reviewed and the amount, project work description and term of bond are acceptable WHEREAS, Township Attorney Edward Halpern has reviewed Maintenance Bond No. KOG SUB and finds it acceptable; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action on the following: 1. Accept Maintenance Bond No. KOG SUBfrom Mountbatten Surety Company in the amount of $382, Acceptance of the Project including acceptance of the following into the Public Roadway System: (a) Horseshoe Drive in its entirety, approximately 3,000 L.F. (b) Amsterdam Drive to the Phase Limit, approximately 2,400 L.F. (c) Hillsborough Road (realigned to intersect with Amsterdam Drive) approximately 300 L.F. 3. Acceptance of Lot 58 in Block containing acres into the Public Detention Basin System 4. Release of Performance Bond No. KOG SUB in its entirety and release of $194, cash principal plus any applicable portion of accrued interest 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 Township Engineer Frank Scarantino be and hereby are accepted and approved. Consideration Item 17: Resolution regarding a request from Country Classics for the acceptance of project, public roads and Maintenance Bond No. KOG SD and release of performance bonds for The Paddocks -- Phase II. Committeeman Mack moved to adopt. Seconded by Committeewoman Martin. 17

18 WHEREAS, a request has been received from Country Classics, Inc. for the acceptance of The Paddocks Phase II; and WHEREAS, Township Engineer Frank Scarantino has certified the following: 1. Survey Monumentation Certification is on file 2. As-built Record Mylars 3. All site improvement punchlist items have been addressed 4. Maintenance Bond No. KOG SD from Mountbatten Surety Company in the amount of $126, has been reviewed and the amount, project work description and term of bond are acceptable WHEREAS, Township Attorney Edward Halpern has reviewed Maintenance Bond No. KOG SD and finds it acceptable; and WHEREAS, Township Engineer Frank Scarantino recommends that the Township Committee take action on the following: 1. Accept Maintenance Bond No. KOG SD from Mountbatten Surety Company in the amount of $126, Acceptance of the Project including acceptance of the following into the Public Roadway System: (d) D Altrui Drive in its entirety, approximately 2,100 L.F. (e) Trotter Court in its entirety, approximately 350 L.F. 3. Release of Performance Bond No. KOG SD in its entirety and release of $60, cash principal plus any applicable portion of accrued interest 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 Township Engineer Frank Scarantino be and hereby are accepted and approved. Consideration Item 18: Resolution accepting Maintenance Bond A M in the amount of $8, from Solar-Mite Electrical Contractors, Inc., for Project 99-02, "Signalization of the Raider Boulevard / Homestead Road Intersection." Committeeman Mack moved to adopt. Seconded by Deputy Mayor Jensen. WHEREAS, on January 12, 2000 the Township Committee took action to accept the project known as Signalization of the Homestead Road/Raider Boulevard Intersection completed by Solar Mite Electrical Contractors, Inc.; and WHEREAS, at that time, $1, was retained as a maintenance guarantee; and WHEREAS, Solar Mite Electrical Contractors has since submitted Maintenance Bond #A M from Atlantic Alliance Fidelity and Surety Company in the amount of $8,556.42; and WHEREAS, Township Engineer Frank Scarantino has reviewed the bond and finds the amount, project description and term of bond acceptable; and WHEREAS, Township Attorney Emil Philibosian has reviewed Maintenance Bond #A M from Atlantic Alliance Fidelity and Surety Company and finds it acceptable; and 18

19 WHEREAS, Township Engineer Frank Scarantino recommends the Township Committee take action to accept Maintenance Bond #A M from Atlantic Alliance Fidelity and Surety Company and release the $1, cash retainer to Solar Mite Electrical Contractors, Inc. NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough that the recommendation of Township Engineer Frank Scarantino be and hereby is accepted and approved. Consideration Item 19: Introduction of Ordinance amending and supplementing Part I, Chapter 10, Article III Municipal Prosecutor of the Code of the Township of Hillsborough, in the County of Somerset, New Jersey and setting the public hearing for February 23, Committeewoman Martin moved to adopt. Seconded by Deputy Mayor Jensen. WHEREAS, the Committee of the Township of Hillsborough now desires to Amend and Supplement specific provisions with regard to the Office of the Municipal Prosecutor under Sections through of the Township of Hillsborough Code; WHEREAS, the Committee of the Township of Hillsborough has determined that it is desirable to increase the number of Municipal Prosecutors from one to two. This Ordinance creates the position of Municipal Prosecutor and First Assistant Municipal Prosecutor for the Township of Hillsborough. NOW, THEREFORE, BE IT ORDAINED by the Township of Hillsborough, County of Somerset, New Jersey, that Part 1, Chapter 10, Municipal Court of the Township of Hillsborough Code is hereby amended and supplemented as follows: 1 I. Article III of the Township of Hillsborough Code is hereby amended and supplemented as follows: Article III Municipal Prosecutor Office established. There is hereby created and established in and for the Township of Hillsborough, the [position] office of the Municipal Prosecutor. The office shall be comprised of the positions of Municipal Prosecutor and First Assistant Municipal Prosecutor Eligibility. The Municipal Prosecutor and First Assistant Municipal Prosecutor shall, as a condition of eligibility for appointment and for continuation in office, be a resident of this State and an attorney-at-law admitted to practice in this State Duties and responsibilities. The Municipal Prosecutor or First Assistant Municipal Prosecutor shall attend all hearings in the Municipal Court of the township, at which hearing said Municipal Prosecutor or First Assistant Municipal Prosecutor shall serve on behalf of the township as Prosecutor and shall represent the township in any matter within the jurisdiction of said Municipal Court. Pursuant to P.L. 1996, c. 95, Section 14, the [Township] Municipal Prosecutor or First Assistant Municipal Prosecutor, under the supervision of the Attorney General or County Prosecutor may represent the state, county or township in any matter within the jurisdiction of the Hillsborough Township Municipal Court. Where the [Township] Municipal Prosecutor [is] or 1 Any addition shall be underlined; and any deletion shall be in [brackets]. 19