Page 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 Doug Tomson, Committeeman Robert Wagner, Committeeman Frank DelCore, Deputy Mayor Gloria McCauley and Mayor Carl Suraci. Also, in attendance were Township Attorney Albert E. Cruz, Township Administrator / Acting Clerk Mike Merdinger and Assistant to Mayor/Administrator Betsy Hollenbach. SALUTE TO THE FLAG Following roll call, Mayor Suraci advised that notice of this meeting was made in accordance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975, by posting on the bulletin board at the Hillsborough Township Municipal Complex and notifying the officially designated newspapers that this meeting would take place at the Hillsborough Township Municipal Complex at 7:30 p.m. on June 12, 2012. APPROVAL OF MINUTES Approval of the April 24, 2012 Regular Meeting Minutes Upon motion by Committeeman Tomson seconded by Committeeman Wagner, the minutes of the April 24, 2012 Regular Meeting was approved unanimously upon the call of the roll. Approval of the April 24, 2012 Executive Session Meeting Minutes Upon motion by Committeeman DelCore seconded by Committeeman Tomson, the minutes of the April 24, 2012 Executive Session Meeting was approved unanimously upon the call of the roll. Approval of the May 8, 2012 Regular Meeting Minutes Upon motion by Committeeman Tomson seconded by Committeeman Wagner, the minutes of the May 8, 2012 Regular Meeting was approved upon the call of the roll. Yes Tomson, Wagner, Suraci Abstain DelCore, McCauley Approval of the May 8, 2012 Executive Session Meeting Minutes Upon motion by Committeeman Wagner seconded by Committeeman Tomson, the minutes of the May 8, 2012 Executive Session Meeting Minutes was approved upon the call of the roll. Yes Tomson, Wagner, Suraci Abstain DelCore, McCauley Committeeman DelCore REPORTS FROM COMMITTEE LIAISONS, AND RECEIPT OR REPORTS, PETITIONS OR COMMUNICATIONS Committeeman DelCore announced that on Tuesday, June 26, 2012 at the Hillsborough High School Auditorium from 9a.m. to 12 noon there will be a suicide prevention forum by BoroSAFE (Suicide Awareness For Everyone). Committeeman DelCore stated the Economic and Business Development Commission has been working with the business advocate in conjunction with the Construction Department to prepare guidelines and hints to help businesses with the construction process. Committeeman DelCore announced that he will be attending Flag Day at Hillsborough Elementary School on Thursday, June 14, 2012.
Page 2 Committeeman Tomson Committeeman Tomson announced the Hillsborough Public Library Board is seeking applicants for new members. The main purpose of the board is to provide quality service for Hillsborough and enhance the services that the Hillsborough Public Library already does provide. Committeeman Tomson stated that the board meets six times a year, applicants must be at least 18 years old, and more information can be found at the library s front desk. Committeeman Tomson announced author, Jon Gertner, of the book, The Idea Factory: Bell Labs and the Great Age of Innovation, will be coming to the Hillborough Public Library on Wednesday, June 13, 2012 at 7p.m. Committeeman Wagner Committeeman Wagner stated that information about summer recreational programs will be available soon on the Township website. Committeeman Wagner stated that to register for Hillsborough summer camps, check the Township website. Committeeman Wagner announced that there will be a Purple Heart Ceremony for veterans in Hillsborough on August 7, 2012 in dedication to a new memorial in the Garden of Honor. Committeeman Wagner announced that Sunday, August 6, 2012 will be the 10 th Annual Veterans of America Day which will be held at the TD Bank Ballpark. Tickets are free for veterans and flyers are available at the Municipal Complex. This is sponsored by Operation Jersey Cares Support Our Troops. Committeeman Wagner stated that the Hillsborough 2012 Independence Day Fireworks will be on Friday, June 29, 2012 at the Auten Road Intermediate School field and will include a fireworks display, the Famous Food Tent, and a live DJ. Committeeman Wagner added that shuttle buses will be available starting from 6:30p.m. leaving from both the Hillsborough Middle School and Hillsborough High School parking lots. The rain date is set for Saturday, July 7, 2012. Committeeman Wagner thanked the high school students from the AP Government classes for coming to the meeting and congratulated the seniors graduating this year. Deputy Mayor McCauley Deputy Mayor McCauley announced she had the pleasure of meeting Hillsborough resident, James Mangini, who ran 1,000 miles to bring awareness to Parkinson s disease. Deputy Mayor McCauley stated that Mr. Mangini ran for the Michael J. Fox Foundation and he was honored with a proclamation from the Hillsborough Township. Mayor Suraci Mayor Suraci thanked all of the Veterans and guests who attended the Salute to Veterans Breakfast and led the Memorial Day Parade and also Grand Marshals, Mr. Philip Gentile and Col. Philip Gentile, Hillsborough Veterans. Mayor Suraci thanked the YMCA for inviting him to the Hillsborough hop earlier this month to start off the race. Mayor Suraci congratulated the 600 plus runners who participated and the Auten Road Intermediate School for having the most runners entered for the race. Mayor Suraci announced that 12,700 lbs of paper was securely shredded on Somerset County s first Shred-It Day held here in Hillsborough. Mayor Suraci thanked the DPW and the other municipalities that helped work the event. Mayor Suraci announced the next event will be held in Watchung at the Police Facility, located at 840 Somerset Street. Mayor Suraci provided road closure updates: - Homestead Road remains closed for bridge work on the bridge over CSX Railroad. Work will continue over the summer and is planned to be completed in the fall 2012. - There will be some traffic pattern changes along Amwell Road this weekend please visit the Township website for details.
Page 3 - The Service Road and the portion of Steinmetz Road east of the future 206 Bypass continues to be open. Mayor Suraci announced the solar panels on the Municipal building and DPW garage went into test mode and is successfully generating power. They should be in full operation shortly. Mayor Suraci stated that the TV monitor in the main entrance of the building will display the amount of solar energy being generated, which is another step closer to the completion of this project and realizing the savings for the Township. PROCLAMATIONS / PRESENTATIONS / APPOINTMENTS Proclamation honoring Eagle Scout David Clarke Deppen WHEREAS, David C. Deppen, a Hillsborough High School junior and a member of Boy Scout Troop 489, has earned the status of Eagle Scout; and WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours David devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in order to achieve this highly coveted position; and WHEREAS, David has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed upon him; and WHEREAS, David s Eagle Scout Leadership Project was to help preserve the outside of a historic house in Millstone, New Jersey; and WHEREAS, David aided in removing nails from the original siding, priming the lower half of the house, and cleaning up debris; and WHEREAS, the project consisted of over 75 hours of preparation and work to complete; and WHEREAS, David C. Deppen serves as an example to the youth of Hillsborough Township through his high level of personal and academic achievement, leadership, and community service, and we are very proud that David 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 David C. Deppen for having achieved the status of Eagle Scout, an honor for both him and for those who have guided him, with best wishes for a bright future. Proclamation honoring Eagle Scout Erik John Koehr WHEREAS, Erik John Koehr, a Hillsborough High School junior and a member of Boy Scout Troop 489, has earned the status of Eagle Scout; and WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours Erik devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in order to achieve this highly coveted position; and WHEREAS, Erik has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed upon him; and WHEREAS, Erik s Eagle Scout Leadership Project entailed building an outdoor bulletin board at a field at the Oak Springs Girls Scout Camp in Somerset, New Jersey; and WHEREAS, the bulletin board allows the Park Rangers to provide visitors with information including information on native plants, bear precautions and variety of information; and
Page 4 WHEREAS, the size and location of the kiosk helps to serve as a barrier to unwanted car traffic over the fields; and WHEREAS, Erik John Koehr serves as an example to the youth of Hillsborough Township through his high level of personal and academic achievement, leadership, and community service, and we are very proud that Erik 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 Erik John Koehr for having achieved the status of Eagle Scout, an honor for both him and for those who have guided him, with best wishes for a bright future. Proclamation honoring Eagle Scout Joseph M. Welches WHEREAS, Joe Welches, a Hillsborough High School junior and a member of Boy Scout Troop 489, has earned the status of Eagle Scout; and WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours Joe devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in order to achieve this highly coveted position; and WHEREAS, Joe has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed upon him; and WHEREAS, Joe s Eagle Scout Leadership Project included the planning and construction of a stray animal holding pen to be used by the Hillsborough Township Health and Police Departments; and WHEREAS, the holding pen will provide a comfortable, secure area to temporarily house our community's lost pets until they can be reunited with their families; and WHEREAS, Joe coordinated and worked with other scouts and local professional volunteers to pour a cement slab and erect the required fencing; and WHEREAS, Joe Welches serves as an example to the youth of Hillsborough Township through his high level of personal and academic achievement, leadership, and community service, and we are very proud that Joe 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 Joe Welches 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. Presentation by Jennifer Beahm, CME Associates and Andrew Bayer, Esq., GluckWalrath on the Affordable Housing Spending Plan Andrew Bayer, the Township Affordable Housing attorney, announced that there is a resolution regarding the Affordable Housing Spending Plan. Andrew Bayer stated that the background of this resolution is that in 2008 the New Jersey legislature amended the Fair Housing Act and now requires municipalities to commit to expend its Affordable Housing trust fund money within four years of having received that money. Andrew Bayer explained that money from July 2008 must be committed to be spent by July 2012 in Hillsborough and if that is not done, the State of New Jersey will seize the money from the Township and use it for state-wide affordable housing purposes. Andre Bayer announced that in order to avoid the State seizing the Township s funds that developers have paid into, the Affordable Housing team, including Jennifer Beahm, have developed the Affordable Housing Spending Plan.
Page 5 Jennifer Beahm explained the mechanisms employed in the Affordable Housing Spending Plan to ensure the funds are not seized by the State. The Committee members discussed specifics with Andrew Bayer and Jessica Beahm. Mayor Suraci stated that if this spending plan was not enacted, the funds of the trust fund the $3,620,395 will become added to the state coffers. None at this time NEW BUSINESS PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA None at this time PUBLIC HEARINGS INTRODUCTION OF NEW ORDINANCES 2012-23 An ordinance amending Chapter 143 (Vehicles and Traffic) Article XII (Schedules) Section 30 (Schedule I: No Parking), and Section 34.1 (Schedule V [a] Permit Parking Locations) for the area of Rine Road within the Municipal Code of the Township of Hillsborough, Country of Somerset, State of New Jersey. Further consideration of this ordinance and public hearing will be held on July 10, 2012. BE IT ORDAINED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey as follows: Section 1: Chapter 143, Article XII, Section 30 of the Municipal Code of the Township of Hillsborough shall be amended by adding additional no parking zones as follows: Name of Streets Side Locations Rine Road East From a point 400 feet of Amwell Road Rine Road West Entire Length Section 2: Chapter 143, Article XII, Section 34.1 (Permit Parking Locations) of the Municipal Code of the Township of Hillsborough shall be amended as follows: Name of Streets Location Hours Days Rine Road East side of roadway from a point 400 feet south of Amwell Road to Wallace Boulevard 9:00 a.m. to 3:00 p.m. School Days Section 3: That regulatory signs shall be erected and maintained in accordance with the Manual on Uniformed Traffic Control Devices for Streets and Highways. Section 4: This ordinance shall take effect upon its adoption, passage and publication according to law. Mayor Suraci stated this amendment was recommended by the Chief of Police to address parking issues along Rine Road.
Page 6 Upon motion by Deputy Mayor McCauley seconded by Committeeman Wagner, the aforesaid resolution was unanimously approved upon call of the roll. CONSIDERATIONS 1. Resolution of the Township Committee of the Township of Hillsborough approving the Township s Affordable Housing Spending Plan. WHEREAS, the Planning Board of the Township of Hillsborough, County of Somerset, State of New Jersey, adopted the Third Round Housing Element of the Master Plan and Fair Share Plan on December 9, 2008; and WHEREAS, the Township Committee of the Township of Hillsborough endorsed the Third Round Housing Element and Fair Share Plan on December 23, 2008 and authorized the filing of a declaratory judgment complaint seeking court approval of Hillsborough Township s Third Round Housing Element; and WHEREAS, the Township filed a declaratory judgment action entitled, In the Matter of the Township of Hillsborough, Superior Court of New Jersey, Law Division, Somerset County, Docket No. SOM-L-06-09 (the Litigation ), wherein it seeks court approval of Hillsborough s Third Round Housing Element; and WHEREAS, the Appellate Division of the Superior Court invalidated the growth share concept set forth in COAH s Third Round regulations and that decision is currently under review by the New Jersey Supreme Court; and WHEREAS, as a result of the Appellate Division s decision and the appeal to the New Jersey Supreme Court, the Litigation has been stayed so Hillsborough has been unable to obtain approval of its Third Round Housing Element; and WHEREAS, the New Jersey Legislature amended the Fair Housing Act, N.J.S.A. 27D-301, et. seq. in July 2008 to require municipalities that have collected affordable housing development fees to commit to expend such fees within four years from the date of collection, and that legislation further provides that should a municipality fail to commit to expend the balance required in the development fee trust fund within that four year period, the remaining unspent balance of the affordable housing trust fund shall be transferred to the State of New Jersey; and WHEREAS, the Township of Hillsborough has developed a Spending Plan which commits to expend the balance of its affordable housing trust fund monies for affordable housing purposes in Hillsborough Township in conformance with state regulation so that its affordable housing trust fund balance is not transferred to the State of New Jersey; and NOW THEREFORE BE IT RESOLVED that the Township Committee of the Township of Hillsborough, the County of Somerset, State of New Jersey that it hereby approves the Spending Plan dated June 2012 and it further authorizes its professionals to seek all necessary approvals of the Township s Spending Plan from the Court and/or from the State of New Jersey. Mayor Suraci stated that this resolution accepts the proposed Affordable Housing Spending Plan as presented earlier this evening. Committeeman Delcore clarified that this is not using taxpayer dollars, but developer fees. Upon motion by Committeeman DelCore seconded by Committeeman Tomson, the aforesaid resolution was unanimously approved upon call of the roll.
Page 7 2. Resolution to hire summer employees: Timothy Domitrowski and Thomas Giangarra for the Department of Public Works and Devon Sixt and Kevin Sheridan for the Department of Parks and Recreation with a start date on or about June 13, 2012, at a salary of $10.00 per hour funded through the Clean Communities Grant. WHEREAS, there is a need for temporary summer employment in the Department of Public Works and the Department of Parks and Recreation in the Township of Hillsborough; and WHEREAS, the Township of Hillsborough anticipates receiving $69,632.39 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 applicants are the most qualified candidates and has recommended their appointment as summer employees in the Public Works Department, with a start date on or about June 13, 2012, at a salary of $10.00 per hour, for a period of up to seventeen weeks, 40 hours per week: 1. Timothy Domitrowski 2. Thomas Giangarra WHEREAS, the Director of Parks and Recreation has determined that the following applicants are the most qualified candidates and has recommended their appointment as summer employees in the Parks and Recreation Department, with a start date on or about June 13, 2012, at a salary of $10.00 per hour, for a period of up to seventeen weeks, 40 hours per week: 1. Devon Sixt 2. Kevin Sheridan NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendations of the Director of Public Works and Director of Parks and Recreation hereby be accepted and approved. Mayor Suraci announced that every year, the Clean Communities Grant provides the funding for temporary summer help in the Public Works Department and Parks & Recreation Department. Mayor Suraci stated that this particular program helps the Public Works Department & Parks keep the Township clean and properly maintain various public areas throughout the community. Upon motion by Committeeman Wagner seconded by Deputy Mayor McCauley, the aforesaid resolution was unanimously approved upon call of the roll. 3. Resolution authorizing a Non Fair and Open Professional Services contract to Community Grants, Planning & Housing (CGPH) to provide Affordable Housing Administrative Services for the Hillsborough Housing Rehabilitation Services, in an amount not to exceed $43,935.00 for a one year period. WHEREAS, there exists a need for Housing Services for the Hillsborough Rehabilitation Program; and WHEREAS, the Township Planner has recommended that the Township enter into an agreement with Community Grants, Planning & Housing (CGPH) to provide affordable housing administrative services for the period July 1, 2012 to June 30, 2013, in order to ensure continued compliance with the applicable affordable housing requirements; and WHEREAS, funds are available and have been certified as such by the Chief Finance Officer and said certification is attached to this resolution.
Page 8 NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Mayor and the Township Administrator/Clerk are hereby authorized to execute an Affordable Housing Administrative Services Agreement to provide Affordable Housing Administrative Services for the period July 1, 2012 to June 30, 2013, in an amount not to exceed $43,935.00. Mayor Suraci announced it has been recommended by our consultants to hire an affordable housing rehabilitation administrator who is certified by the DCA and who meets the technical requirements regarding the affirmative marketing and income verification for affordable housing. Mayor Suraci stated the administrator would also be responsible for working with contractors and eligible homeowners, performing inspections and maintaining the required documentation. CGPH meets such criteria. Mayor Suraci said this resolution authorizes the award of a professional services contract to CGPH to perform such duties. Upon motion by Committeeman Tomson seconded by Committeeman Wagner, the aforesaid resolution was unanimously approved upon call of the roll. CONSENT 1. Resolution approving the request from John Lazorchak for the release of Development Review Escrow in a total amount of $769.99. WHEREAS, a request has been received from John Lazorchak for the release of Development Review Escrow; and WHEREAS, the Hillsborough Township Planner certifies that all work related to the review of the above has been completed; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $769.99 Development Review Escrow because the work has been completed. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Hillsborough Township Planner be and hereby is accepted and approved. 2. Resolution approving the request from Lara and Evangelos Minakas for the release of Development Review Escrow in a total amount of $183.68. WHEREAS, a request has been received from Lara and Evangelos Minakas for the release of Development Review Escrow; and WHEREAS, the Hillsborough Township Planner certifies that all work related to the review of the above has been completed; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $183.68 Development Review Escrow because the work has been completed. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Hillsborough Township Planner be and hereby is accepted and approved. 3. Resolution approving the request from Curtis Westover for the release of Development Review Escrow in a total amount of $114.75.
Page 9 WHEREAS, a request has been received from Curtis Westover for the release of Development Review Escrow; and WHEREAS, the Hillsborough Township Planner certifies that all work related to the review of the above has been completed; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $114.75 Development Review Escrow because the work has been completed. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Hillsborough Township Planner be and hereby is accepted and approved. 4. Resolution approving the request from Hillsborough Estates for the release of Cash Escrow from Winter Certificates of Occupancy for Block 199, Lots 19.03, 19.07, 19.08, 19.11, 19.13 & 19.14 in the amount of $3000.00. WHEREAS, a request has been received from Hillsborough Estates for the release of cash escrow from Winter Certificates of Occupancy for Block 199, Lots 19.03, 19.07, 19.08, 19.11, 19.13 & 19.14 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 $3,000.00 cash escrow that was posted for the completion of the project. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Assistant Township Engineer be and hereby is accepted and approved. 5. Resolution approving the request from Senior Solutions for the partial release of Cash Bond for Temporary Certificate of Occupancy, in the amount of $49,545.00. WHEREAS, a request has been received from Senior Solutions for the partial release of Cash Bond for the Temporary Certificate of Occupancy; and WHEREAS, the Assistant Township Engineer, Thomas Belanger, certifies that all work has been satisfactorily completed; and WHEREAS, the Assistant Township Engineer, Thomas Belanger, recommends that the Township Committee take action to release a partial Cash Bond for Temporary Certificate plus accrued interest in the amount of $49,545.00, that was posted for the completion of the project and hold $5,200.00 for the outstanding landscaping. 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. 6. Resolution authorizing tuition reimbursement to Officer Christopher McMinn for completion of Critical Thinking for Homeland Security and Terrorism offered through Thomas Edison State College, in the amount of $954.24, pursuant to the Article XVII of the current PBA Contract. WHEREAS, it is the policy of the Township of Hillsborough to encourage continuing education on the part of full-time employees for the purpose of enabling them to better perform in
Page 10 their jobs and to better prepare them in the event of an opportunity for advancement and promotion within the Township; and WHEREAS, financial assistance for education is outlined in Article XVIII of the current PBA contract; and WHEREAS, Officer McMinn has successfully completed the Critical Thinking for Homeland Security and Terrorism courses through Thomas Edison State College; and WHEREAS, Officer McMinn has requested consideration under the Township s Educational Assistance provisions; and WHEREAS, the Chief of Police has requested favorable consideration of Officer McMinn s request for financial reimbursement of seventy-five percent (75%) of the $1,272.32 cost incurred for a total of $954.24. 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 Chief of Police is hereby accepted and approved. 7. Resolution supporting in concept the Sustainable Raritan River Initiative. WHEREAS, the Raritan River is an asset to the region and to Hillsborough and it would benefit the community to increase awareness and use of the River via local access points and trails; and WHEREAS, upgrades to current river access points are desirable and the need for ongoing plans for development of future recreational uses are of value to Hillsborough; and WHEREAS, protection and preservation of habitat and biodiversity in our river ecosystem will provide recreational and natural assets to Hillsborough; and WHEREAS, goals of restoration, rehabilitation and regeneration of compromised areas of lands in public ownership will benefit present and future residents; and WHEREAS, best management practices for habitat enhancement in the maintenance and management of open space are available and when applied would benefit various departments of Hillsborough government, and the quality of life to all Hillsborough residents; and WHEREAS, properties that are deemed brownfields because they are contaminated, abandoned or underutilized, detract from the economic vitality of active businesses, and need attention to be remediated and returned to valued uses; and WHEREAS, practices to prevent future pollution are known and could be applied for the benefit of Hillsborough management operations, and the residents of the county; and WHEREAS, stormwater runoff is a significant contribution to flooding, solid waste and streets in Hillsborough, and further damages the Raritan River, and the Raritan River Action Plan (Reclaiming the Raritan: a Restoration and Sustainable Reuse Plan) encourages improvements in this area; and WHEREAS, the overall restoration and protection of the watershed area that provides water to Hillsborough residents and the Raritan River should be promoted; and WHEREAS, redevelopment needs to provide economic benefits without further damaging, and ideally restoring, the ecology of the Raritan River and Hillsborough. NOW, THEREFORE, BE IT RESOLVED that Hillsborough s Township Committee support in concept the Sustainable Raritan River Initiative, and work as an active member of the Raritan
Page 11 River Collaborative to promote efforts to restore and protect the River in accordance with the goals as outlined in the Sustainable Raritan River Action Plan. 8. 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 Finance Office will be unable to mail the Township s 2012 tax bills on a timely basis due to unforeseen budget issues; 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; 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 12th day of June, 2012, 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 2012 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. 54:4-66.2 and 54.4-66.3). 2. The entire estimated tax levy for 2012 is hereby set at $122,463,104.47 3. In accordance with law the third installment of 2012 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 request from Curtis Westover for the refund of an Application fee and GIS fee in a total amount of $4350.00. WHEREAS, a request has been received from Curtis Westover for the refund of a $2,500 application fee and a $1,850.00 GIS fee from the Hillsborough Board of Adjustments; and WHEREAS, the Board of Adjustments dismissed Mr. Westover s application after a review by the Board Attorney determined the board had no jurisdiction due to Deed Restrictions; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to refund the application fee and the GIS fee, for a refund in the amount of $4350.00. 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. 10. Resolution consenting to the proposed Water Quality Management Plan (WQMP) Amendment entitled, Countywide Wastewater Management Plan for the County of Somerset, New Jersey: Future Wastewater Service Areas. WHEREAS, the Somerset County Board of Chosen Freeholders and Somerset County Planning Board desire to promote for the orderly development of wastewater facilities throughout the County of Somerset; and WHEREAS, the New Jersey Department of Environmental Protection (NJDEP) requires that proposed wastewater treatment and conveyance facilities and wastewater service areas, as well as related subjects, be in conformance with an approved Water Quality Management Plan; and
Page 12 WHEREAS, the NJDEP has established the WQMP amendment procedure as the method of incorporating changes to the previously adopted wastewater service areas consistent with the requirements established in N.J.A.C. 7:15-5.24; and WHEREAS, a proposed WQMP amendment noticed in the New Jersey Register on May 21, 2012 for the Countywide Wastewater Management Plan for the County of Somerset: Proposed Future Wastewater Service Areas, has been prepared by the Somerset County Planning Board in coordination with the Township of Hillsborough and the NJDEP; and WHEREAS, the Somerset County Planning Board continuously coordinated its work on the proposed Future Wastewater Service Areas with the Township of Hillsborough Wastewater Management Planning Committee appointed by the Mayor, NJDEP, affected property owners, sewer authorities and other stakeholders, and compiled and submitted the site-specific documentation required to achieve NJDEP acceptance of the proposed Future Wastewater Service Areas in accordance with NJDEP s interim review process; and WHEREAS, all wastewater management planning work by the Somerset County Planning Board has been undertaken in a transparent manner with meaningful public participation through the provision of certified notices to property owners affected by proposed modifications to the sewer service area (SSA) boundaries; posting of maps illustrating the proposed SSA boundaries and related geographic information datasets on the County Planning Board website; issuing public press releases regarding said postings; and hosting the NJDEP Public Meeting on the proposed SSAs on January 20, 2011, in accordance with the requirements of NJDEP Commissioner Martin s Administrative Order 2010-03; and WHEREAS, the Township of Hillsborough recognizes that the NJDEP has final approval regarding the proposed SSA designation provided for Block 200.10, Lot 20 and Block 201, Lot 3 and requests that both properties should be fully included in the proposed SSA. NOW, THEREFORE, BE IT RESOLVED on this 12 th of June, 2012, by the Township Committee of the Township of Hillsborough that: 1. The Township of Hillsborough hereby consents to the amendment entitled, Countywide Wastewater Management Plan for the County of Somerset: Future Wastewater Service Areas noticed on May 21, 2012, prepared by the Somerset County Planning Board for the purpose of its incorporation into the applicable WQMPs, provided that the revisions that are reflected in the documents submitted by Somerset County on behalf of the County and the Township, especially with regard to Block 200.10, Lot 20 and Block 201, Lot 3, are included in the future Wastewater Service Area Map to be adopted by the NJDEP. 2. This Resolution shall be submitted to the NJDEP in accordance with N.J.A.C. 7:15-3.4. 3. Copies of this Resolution shall be provided to the Board of Chosen Freeholders of the County of Somerset, Somerset County Planning Board and the Township of Hillsborough Wastewater Management Planning Committee. 11. Resolution accepting Maintenance Bond #3258630 from Great American Insurance Companies for P&A Construction, Inc. for the Claremont Area Sanitary Sewer Project. WHEREAS, P&A Construction, Inc. was awarded a contract for the Claremont Area Sanitary Sewer Project; and WHEREAS, the Maser Consulting, P.A., as the Engineer on the project, has certified that all work has been satisfactorily completed; and WHEREAS, a request has been received from P&A Construction, Inc. for the acceptance of a Maintenance Bond for one (1) year for the sewer project and two (2) years for the paving; and
Page 13 WHEREAS, the Maser Consulting, P.A. recommends that the Township Committee take action to accept the Maintenance Bond. 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 Maser Consulting, P.A. be and hereby is accepted and approved and that the Maintenance Bond be accepted. Upon motion by Committeeman DelCore seconded by Committeeman Tomson, the consent agenda was unanimously approved upon call of the roll. CLAIMS LISTS Mayor Suraci presented Claims List 2012-11 Upon motion by Committeeman Tomson seconded by Committeeman Wagner, Claims List 2012-11 was unanimously approved upon call of the roll. EXECUTIVE SESSION RESOLUTION WHEREAS, Section 8 of the Open Public Meetings Act (N.J.S.A. 10:4-12 (b) (1-9), Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, the Township Committee is of the opinion that such circumstances exist. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough in the County of Somerset, State of New Jersey, as follows: 1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matters. 2. The general nature of the subject matter to be discussed is as follows: a. Personnel: DPW hearings regarding David Zulus and David Bittler Township Administrator/Acting Township Clerk Position b. Contract Negotiations: PBA Local 205 3. The Township Committee may take official action on those items discussed in Executive Session upon completion of the Executive Session. 4. The minutes of the discussions shall be made available to the public as soon as the matters under discussion are no longer of a confidential or sensitive nature. 5. This Resolution shall take effect immediately. Upon motion by Committeeman Tomson seconded by Deputy Mayor Gloria McCauley, the aforesaid resolution was unanimously approved upon call of the roll. Committeeman Tomson motioned to reopen the public meeting after the executive session adjourned. The motion was seconded by Committeeman DelCore, and was unanimously approved upon call of the roll. After reopening the public meeting, Mr. Eric Bernstein, a township attorney, via conference call read into the record that all members of the governing body present at the commencing of the executive session were still present at the re-opening of the public session as well as the Township
Page 14 Administrator/Acting Clerk, the Township Attorney via phone, the Township DPW Supervisor, DPW Union shop steward, Teamsters Local 469 DPW agent and Mr. David Bittler, a township DPW employee. Mr. Bernstein stated that there was a discussion during the executive session regarding charges involving both David Bittler and David Zulus, who were both given RICE notices prior to the meeting. Mr. Bittler attended the meeting and the governing body heard Mr. Bittler s statement regarding the charges and the findings. Mr. Bernstein announced that the governing body has decided to bring forth a motion to accept the recommendations of the Township Administrator who served as the hearing officer regarding the charges brought against David Bittler and David Zulus. Committeeman DelCore made a recommendation to accept the above motion which was seconded by Deputy Mayor McCauley and was unanimously approved upon call of the roll. Mr. Bernstein stated that the motion applies to both David Bittler and David Zulus and a further update will be given at the next township committee meeting. Mayor Suraci stated that Michael Merdinger, the Township Administrator/Acting Clerk, has announced his departure from Township employment as of August 31, 2012. Mayor Suraci asked the Township Committee if there was a motion to authorize the Mayor and the Township Committee to seek a replacement for Mr. Merdinger upon his departure on August 31, 2012. Committeeman DelCore moved for the motion to be approved, seconded by Committeeman Wagner, and was unanimously approved upon roll call. Mr. Bernstein stated that the Mayor will work with rest of the governing body to decide process that they will undertake to find Mr. Merdinger s replacement. ADJOURNMENT Upon motion by Deputy Mayor Gloria McCauley seconded by Committeeman Tomson, the meeting duly adjourned at 9:59p.m. Said motion was carried unanimously upon voice vote. Attested: Michael Merdinger Township Administrator/Acting Clerk