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Minutes of the Regular Meeting of the Township Committee of the

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					November 14, 2006 Regular Meeting Minutes

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 Paul Drake, Committeewoman Lisa Nisivoccia, Committeeman Bob Wagner and Mayor Carl Suraci. Also, in attendance were Township Attorney Albert E. Cruz, Township Administrator/ Clerk Kevin P. Davis and Secretary to the Administrator/Clerk Dianne Borngesser. Deputy Mayor Anthony Ferrera was absent. Following Roll Call and Salute to the Flag, Mayor Suraci advised that notice of this Regular Session was made in accordance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975, by posting on the bulletin board at the Municipal Building and by mailing to the Township’s official newspapers, a notice that this regular session would take place at the Hillsborough Municipal Building at 7:30 p.m. on November 14, 2006.

APPROVAL OF MINUTES  Approval of the October 17, 2006 Regular Meeting Minutes

Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the minutes of the October 17, 2006 regular meeting were unanimously approved upon the call of the roll.  Approval of the October 17, 2006 Executive Session Minutes

Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the minutes of the October 17, 2006 executive session were unanimously approved upon the call of the roll.

PROCLAMATIONS  Proclamation honoring November as Lung Cancer Awareness Month WHEREAS, Lung Cancer is the leading cause of cancer deaths in both men and women in New Jersey, United States and the world, this year taking the lives of approximately 170,000 Americans, including 4,800 people in New Jersey; and WHEREAS, 70% of newly diagnosed cases will be detected at an advanced stage resulting in a 5-year survival rate of only 15% that has remained largely unchanged; and WHEREAS, although smoking is the leading cause of the disease, there are newly diagnosed cases in either former smokers or non-smokers indicating a need for further research; and WHEREAS, in Somerset County 26 individuals are diagnosed with cancer each week and ten individuals die of cancer each week; and WHEREAS, four cancers account for 53% of new cancer diagnoses in Somerset County and 49% of all deaths, lung and bronchus cancers account for over 24% of all cancer deaths, making this type the #1 killer in the region and the county; and

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WHEREAS, although some lung cancer is not yet preventable, education on the dangers of smoking, avoidance of smoking and second hand smoke and decreased exposure to radon can reduce the incidence of lung cancer especially in children and physical examinations can help detect the cancer at earlier, less dangerous stages. NOW, THEREFORE, BE IT PROCLAIMED, that we, the Mayor and Township Committee, of the Township of Hillsborough hereby proclaim November as Lung Cancer Awareness Month in Hillsborough Township and ask all citizens to join in this worthwhile cause, to celebrate success and memorialize lost battles.



Proclamation honoring Officer Joseph Desmond for a Lifesaving Award WHEREAS, on October 21, 2006, at 2:55 p.m., Officer Joseph Desmond, along with the Hillsborough Rescue Squad, responded to 388 Gemini Drive, Unit 1 for a report of an unresponsive male; and WHEREAS, upon arrival, a 59 year old individual identified as Joseph Ferrullo was determined to be in full cardiac arrest with no pulse or breathing detected; and

WHEREAS, Officer Desmond and Rescue Squad member Christopher Neuwirth initiated CPR, Officer Desmond performed chest compressions, while Mr. Neuwirth administered oxygen; and WHEREAS, after a period of CPR, coupled with two electronic shocks with an AED-Defibrillator, Mr. Ferrullo was successfully revived; and WHEREAS, Mr. Ferrullo was then transported to the Somerset Medical Center where he was admitted for continued treatment and is expected to fully recover. NOW, THEREFORE, BE IT PROCLAIMED, that we, the Mayor and Township Committee, do hereby join together to recognize the quick and proper actions taken by Officer Joseph Desmond to assist another human being and to extend our appreciation to him for a job well done. BE IT FURTHER PROCLAIMED that we, the Township Committee of the Township of Hillsborough, extend our sincere thanks for his courageous actions that undoubtedly helped to save the life of Mr. Ferrullo. We further congratulate Officer Desmond for being awarded the Departmental CPR Award. His actions are in keeping with the high standards of the Hillsborough Township Police Department.

REPORTS AND NEW BUSINESS FROM COMMITTEE LIAISONS, RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS

Committeeman Drake Committeeman Drake congratulated Mayor Suraci and Committeeman Wagner on their reelection to the Township Committee. He also commended Karen Gaffney and Christian Mastondrea for a well-run campaign. Committeeman Drake said that he attended a meeting with the Somerset County Board of Chosen Freeholders where Hillsborough Township was awarded a grant for $27,825 for Town Center Smart Growth Design Charrettes.

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November 14, 2006 Regular Meeting Minutes

Committeewoman Nisivoccia Committeewoman Nisivoccia also congratulated Mayor Suraci and Committeeman Wagner on their reelection. Committeewoman Nisivoccia thanked everyone who worked hard to make the Halloween celebration a success. She said that the winter Recreation brochure would be available online beginning November 22nd. She advised that anyone wishing to participate in girls softball in the spring should register now. Committeewoman Nisivoccia announced that this Sunday, November 19th, the Cultural and Arts Commission will sponsor a free “Billion Dollar Band” concert at 2 p.m. at the Auten Road School. She said that the library now has two databases for genealogical research. She said that the distribution of Thanksgiving dinners for 80 families will take place on November 17th. Committeeman Nisivoccia also thanked everyone who participated in the Municipal Alliance Sock Hop on October 20th. She said that the Municipal Alliance will sponsor a “thankyou” lunch for senior citizens on December 12th. The next Coffee House, sponsored by Youth Services Commission, will be on December 8th and the Christmas Tree lighting is scheduled for Friday, December 1st. Committeeman Wagner Committeeman Wagner thanked the residents for their vote of confidence in him and Mayor Suraci on November 7th. He also thanked his opponents, KarenGaffney and Christian Mastondrea. Committeeman Wagner thanked the Somerset County Board of Chosen Freeholders for the $225,000 check they presented to Hillsborough for the Shamro property. Mayor Carl Suraci Mayor Suraci thanked the voters for reelecting him and Committeeman Wagner and thanked Ms. Gaffney and Mr. Mastondrea for a well run campaign. He also thanked the many volunteers who serve on the Hillsborough Boards and Commissions, as well as Township employees who interact with the residents on a daily basis.

NEW BUSINESS None at this time.

PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA Susan Guilliford noted that Veterans’ Day was last week and referred to a New York Times article about the shortage of burial space for veterans. She asked the Township Committee to consider using some of the land at the GSA Depot for a veterans’ cemetery, pointing out the acute need for this. She also said that it would bring jobs to the area, e.g., maintenance of the cemetery, florists, etc. Mayor Suraci asked Administrator Kevin Davis to look into this matter.

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November 14, 2006 Regular Meeting Minutes

INTRODUCTION OF NEW ORDINANCES Ordinance 2006-48 An Ordinance authorizing the execution of lease agreements with New Cingular Wireless PCS, LLC, for ground space and the construction of a telecommunications tower, Omnipoint Communications, Inc. and Sprint Spectrum LP, for ground space on a portion of Lot 1.02 in Block 149.01 on the Hillsborough Tax Map. Further consideration of this Ordinance and public hearing is scheduled for December 19, 2006.

Mayor Suraci explained that this Ordinance would authorize the lease agreements between the Township and three wireless phone companies for the cell tower at the municipal building complex. The leases were publicly bid and Cingular Wireless had the highest bid at $36,000 per year, Sprint at $19,260 per year and Omnipoint at $18,000 per year. The new cell tower will enhance the public safety by permitting the Police and Fire antennas to have a greater reach in the Township and will also generate revenue of more than $70,000 annually. Administrator Davis said that the date for the public hearing was noted incorrectly in the Ordinance title and should read December 12th. After discussion it was agreed to cancel the Township Committee meeting on December 12th and to meet instead on December 19th. Committeeman Wagner moved that the aforesaid Ordinance, as amended with the new date for the public hearing, be passed on first reading and that the Ordinance be further considered at a public hearing held on December 19, 2006 at 7:30 p.m. Said motion was seconded by Committeeman Drake and unanimously approved upon call of the roll.

Resolution Amending the 2006 Township Committee Meeting Schedule
BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the schedule of regular public meetings of the Township Committee to be held during 2006 is amended as follows:

2006 TOWNSHIP COMMITTEE MEETINGS AMENDMENT 7:30 P.M. – Regular Meetings at the Hillsborough Municipal Complex (TUESDAYS)

DECEMBER 12th – cancelled 19th – added

BE IT FURTHER RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that this meeting notice amendment
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shall be provided to and posted in two official newspapers within seven (7) days of its passing and shall be distributed according to law, with notice that official action may be taken.

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

Ordinance 2006-49

An Ordinance appropriating Capital Fund Balance held by the Township of Hillsborough, County of Somerset, State of New Jersey, for the Preliminary Costs for the Study of Sewer Line Extensions and Sewer Line Extension special assessments. Further consideration of this Ordinance and public hearing is scheduled for December 19, 2006.

Mayor Suraci said that this Ordinance appropriates $50,000 in capital surplus funds to pay for the preliminary costs for a sewer project in the area of Riverview Terrace and Hiland Drive. These funds will be recovered through a special assessment on the property owners in the area. He said that this is the first of several areas in the Township that will be gaining sewer extensions through a special assessment process, where the property owners repay the Township for all costs related to the construction and financing of sewer extensions.

Committeeman Wagner moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on December 19, 2006 at 7:30 p.m. Said motion was seconded by Committeeman Drake and unanimously approved upon call of the roll.

Ordinance 2006-50

An Ordinance amending Chapter 169 of the Code of the Township of Hillsborough, Titled “Fire Zones”, Section 5, Titled “Fire Zones Designated”. Further consideration of this Ordinance and public hearing is scheduled for December 19, 2006.

Mayor Suraci stated that this Ordinance establishes several more fine zones in the Township and is recommended by the Fire Commission. Committeeman Wagner moved that the aforesaid Ordinance be passed on first reading and that the Ordinance be further considered at a public hearing held on December 19, 2006 at 7:30 p.m. Said motion was seconded by Committeewoman Nisivoccia and unanimously approved upon call of the roll.

CONSIDERATIONS Mayor Suraci offered the following resolutions:

1. Resolution authorizing the Township to withdraw from the Beech Street Network and change to Health Care Payers Coalition (HCPC)/Consumer Health Network (CHN) for employee health coverage
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WHEREAS, the Township wishes to change insurance networks on January 1, 2007, the Township must give Beech Street thirty (30) days notice prior to any withdrawal; and NOW, THEREFORE, BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey does hereby authorize the Township Administrator/Clerk to give the required thirty (30) days notice to the Beech Street Network because the Township wishes to change insurance networks effective January 1, 2007. Mayor Suraci said that health insurance and benefits are changing in the business world due to the steep increase in the cost of health care. Local government faces the same problem in our self-funded health care benefit program. The change proposed in this Ordinance will take effect on January 1, 2007 and result in Hillsborough joining a large, notfor-profit health care coalition. The Township’s health insurance consultant has advised that this will result in greater cost discounts from hospitals and health care providers and will enable the Township to have better control over rising costs. Committeewoman Nisivoccia said she supported this resolution as it reduces costs while providing the same level of service to employees. Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner, the aforesaid resolution as amended was unanimously approved upon call of the roll.

2. Resolution ratifying and confirming the action of Administrator/Township Clerk in approving a contract for rental of an Elgin Pelican Street Sweeper WHEREAS, it has been determined that there is a need for a street sweeper; and WHEREAS, the Timmerman Equipment Company has agreed to the rental of an ELGIN Pelican Street Sweeper for one month at a cost of $1.00 to the Hillsborough Township Department of Public Works; and WHEREAS, the Township Attorney has reviewed the proposal and has provided the Township Committee with his comments with respect to same; and WHEREAS, funds are available to make such transaction and have been certified as such by the local Chief Finance Officer, said certification is attached to the resolution. NOW, THEREFORE BE IT RESOLVED that the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey does hereby authorize the rental of an ELGIN Pelican Street Sweeper.

Mayor Suraci said that the Township is waiting for a new street sweeper to be delivered. In the interim the company from which the sweeper was purchased will provide a temporary street sweeper at a cost of $1. Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll.

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3.

Resolution authorizing the Mayor and the Township Administrator/Clerk to execute a Developer’s Agreement with Northeast Homes, Inc. regarding Block 149.08, Lots 91.01, 91.02, 91.03 and 91.04 known as Whispering Knolls

WHEREAS, Northeast Developers, Inc. received Final Major Subdivision Approval by resolution from the Hillsborough Township Planning Board on January 12, 2005, application Number 03-PB-13-MJ for Block 149.08, Lots 91.01, 91.02, 91.03 and 91.04, known as Whispering Knolls; and WHEREAS, as the Developer, Northeast Developers, Inc., is required to enter into a Developer’s Agreement with the Township of Hillsborough to assure that the requirements shown on the approved Plans are properly met and to assure that the conditions of the Final Major Subdivision Approval are met; and WHEREAS, the Township Planning Board Attorney drafted a Developer’s Agreement between the Township of Hillsborough and Northeast Developers, Inc. for Block 149.08, Lots 91.01, 91.02, 91.03 and 91.04, known as Whispering Knolls; and WHEREAS, the Township Committee desires to authorize the Mayor and Township Administrator/Clerk to execute the Developer’s Agreement on behalf of the Township. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, in the County of Somerset and State of New Jersey, that the Mayor and the Township Administrator/Clerk are hereby authorized to execute a Developer’s Agreement with Northeast Developers, Inc. for Block 149.08, Lots 91.01, 91.02, 91.03 and 91.04, known as Whispering Knolls. Township Attorney Cruz said that this Agreement is a result of Planning Board approval for Northeast Developers and is a contractual agreement between the Township and Developer as to how the project will proceed. Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll.

4. Resolution awarding a construction contract to Top Line Construction Corporation for intersection improvements to U. S. Route 206 and Hillsborough Road WHEREAS, the Township Engineer has determined that there is a need for the improvement of the at U. S. Route 206 and Andria Avenue; and WHEREAS, sealed bids were opened and read on October 19, 2006 at 10:00 a.m. which was the time and place provided for in the Notice to Bidders entitled “Intersection Improvements to U.S. Route 206 and Hillsborough Road”; and WHEREAS, Hillsborough Township received two bids for the above-referenced project submitted by Top Line Construction Corp. in the amount of $93,382.50 and Renda Road, Inc. in the amount of $111,690.00; and WHEREAS, the Township will receive $93,382.50 in New Jersey Department of Transportation grant funds for the project; and WHEREAS, Township Attorney Albert E. Cruz has reviewed the bids and has provided his comments with respect to the same.
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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 a Construction Contract with Top Line Construction Corp. in an amount not to exceed $93,382.50.

Mayor Suraci explained that with the award of this contract, the Township hopes that the improvements to the Route 206 and Hillsborough Road intersection can be completed before the winter. The funding for this comes from a grant from the state Department of Transportation. Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll.

5. Resolution authorizing Public Works Supervisors to obtain longevity overtime equal to that given to the DPW Employees Association Members WHEREAS, on September 26, 2006 the Township Committee adopted a resolution titled “Resolution Approving the Stipulation of Settlement relative to Greg Brandt, et al. vs. Township of Hillsborough, Civil Action No. 05-1536 and authorizing the Mayor and the Township Administrator/Clerk to execute said settlement”; and WHEREAS, Department of Public Work’s (DPW) Supervisors are not union members and, therefore, not covered by said Stipulation of Settlement; and WHEREAS, upon leaving the union in 2002, DPW Supervisors were issued a memorandum which authorizes them to be entitled to at least the benefits granted to union members; and WHEREAS, the Township Committee, in following with the Memorandum, feels it is necessary to make longevity adjustments back to 2002 for the DPW Supervisors. NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it does hereby authorize Public Works Supervisors to obtain Longevity Overtime equal to that given to the DPW Employees Association members and therefore authorize longevity adjustments back to 2002 be made. Upon motion by Committeewoman Wagner, seconded by Committeewoman Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll.

6. Resolution approving a reimbursement plan for Township employees for use of personal cell phones for Township business where employees are not issued municipal devices

WHEREAS, the Chief of Police and the Administrator/Clerk have recommended to the Township Committee that Police Superior Officers and certain civilian employees who do not have Township issued cell phones be reimbursed for use of their personal cell phones while on duty and on-call; and

WHEREAS, this will eliminate the need to provide additional Township cell phones to Police Superior Officers and certain civilian employees and will help reduce the risks of having employees abuse the cell phone policy; and
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WHEREAS, it has been determined that issuing a cell phone stipend to the Police Superior Officers and certain civilian employees is the best solution to help alleviate the cost of using their personal cell phones while on duty and on-call.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it does hereby authorize the Township Administrator/Clerk authority to reimburse Police Superior Officers for use of personal cell phone at $15 per month and certain civilian employees for use of personal cell phone at $10 per month. Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll. 7. Resolution accepting an amendment to the Developer’s Agreement with Beazer Homes Corporation regarding Block 180A, Lots 3 and 4, Phase 3, known as Pleasant View Estates

WHEREAS, Beazer Homes Corporation received Final Major Subdivision ApprovalPhase 3 by resolution from the Hillsborough Township Planning Board on May 11, 2006, application Number 05-PB-7-MJP for Block 180A, Lots 3 & 4, known as Pleasant View Estates; and WHEREAS, as the Developer, Beazer Homes Corporation is required to enter into a Developer’s Agreement with the Township of Hillsborough to assure that the requirements shown on the approved Plans are properly met and to assure that the conditions of the Final Major Subdivision Approval- Phase 3 are met; and WHEREAS, the Township Planning Board Attorney drafted an Amendment to Developer’s Agreement between the Township of Hillsborough and Beazer Homes Corporation for Block 180A, Lots 3 & 4, known as Pleasant View Estates; and WHEREAS, the Township Committee desires to authorize the Mayor and Township Administrator/Clerk to execute an Amendment to Developer’s Agreement on behalf of the Township. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, in the County of Somerset and State of New Jersey, that the Mayor and the Township Administrator/Clerk are hereby authorized to execute an Amendment to Developer’s Agreement with Beazer Homes Corporation for Block 180A, Lots 3 & 4, known as Pleasant View Estates.

Mayor Suraci said that the Planning Board approved an amendment to the site plan for phase 3 of the Pleasant View Estates project to permit basements for homes being built on the south side of the roadway. This amendment to the original developer’s agreement recognizes that approved site plan amendment. Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner, the aforesaid resolution was approved as follows:

Abstain – Drake Yes – Drake, Nisivoccia, Wagner, Ferrera
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8. Resolution authorizing the settlement of the litigation captioned Summit Beacon Realty Associates I, L.L.C. v. Mayor and Township Committee of Township of Hillsborough and Township of Hillsborough

WHEREAS, on July 28, 2006, a Complaint in Lieu of Prerogative Writ was filed under the caption of Summit Beacon Realty Associates I, L.L.C., v. Mayor and Township Committee of Township of Hillsborough and Township of Hillsborough, Docket No. SOM-L- 1112-06, in the Superior Court of New Jersey, Law Division; and WHEREAS, the parties have agreed to enter into a Stipulation and Order of Dismissal Without Prejudice or Costs on the condition that within ninety (90) days of the execution of the Stipulation, the Plaintiff shall file with the Township of Hillsborough Planning Board for site plan or amended site plan approval, along with any and all necessary variances or waivers from the requirements of Ordinance 2006-19; and WHEREAS, the parties have also agreed that within forty-five (45) days from publication of the Township of Hillsborough Planning Board’s decision on the application, if Plaintiff does not refile the Complaint, then the Complaint is deemed dismissed with prejudice; and WHEREAS, the Township Committee believes that the above resolution is in the best interests of the residents of the Township of Hillsborough. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, in the County of Somerset and State of New Jersey, as follows: 1. That the Township Committee believes that the above agreed upon settlement between the parties is in the best interests of the residents of the Township of Hillsborough. 2. That the Township Attorney is authorized to sign a Stipulation and Order of Dismissal Without Prejudice or Costs in substantially the form attached. 3. This Resolution shall take effect immediately. Attorney Albert Cruz explained that this settlement arises from a challenge to Gateway A & B District Ordinances passed this past year by one of the property owners within that district who sought to be exempt from the Ordinance. Through this settlement the Township will allow the applicant to return to the Planning Board with an amended site plan for approval. If approval is denied, then the applicant can resume litigation. Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner, the aforesaid resolution was unanimously approved upon call of the roll. 9. Resolution authorizing an agreement between the Township of Hillsborough and Rutgers University for services related to the “Sustainable Hillsborough” grant and authorizing the Mayor and the Township Administrator/Clerk to execute said agreement

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WHEREAS, the Township of Hillsborough desires to develop a strategic sustainable community plan that includes a comprehensive set of indicators and targets of sustainable development, and identifies a cohesive set of policies and objectives to improve the sustainability of Hillsborough by the completion of the of the grant year, August 1, 2006 to July 31, 2007; and NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Hillsborough that we hereby authorizing the Municipal Land Use Center for the “Sustainable Hillsborough” Grant Services Agreement with Rutgers University and hereby authorize the Mayor and the Township Administrator/Clerk to execute said agreement. Committeeman Drake explained that through this grant the Township will be able to use the consulting services of the Municipal Land Use Resources Center and will work closely with the Rutgers University Office of Sustainability. They will review Hillsborough’s Master Plan from a sustainability viewpoint and make recommendations to the Township. The first workshop for this project will take place at the municipal building on November 30th. Upon motion by Committeeman Drake, seconded by Committeeman Wagner, the aforesaid resolution was unanimously approved upon call of the roll.

10. Resolution of the Hillsborough Township Committee authorizing the submission of an application for Plan Endorsement to the New Jersey Department of Community Affairs, Office of Smart Growth

WHEREAS, Plan Endorsement is a process that is encouraged by the Department of Community Affairs and ensures that municipal, county and State Agency plans are consistent with the State Development and Redevelopment Plan and with each other; and WHEREAS, Plan Endorsement is required in order to enact Transfer of Development Rights (TDR) and obtain certification from the New Jersey Council On Affordable Housing (COAH) for compliance with the 3rd Round affordable housing requirements; and WHEREAS, Plan Endorsement entitles approved municipalities to a higher priority for available funding, streamlined permit reviews and coordinated State Agency services; and WHEREAS, the Township of Hillsborough has received grants from the New Jersey Department of Community Affairs, Office of Smart Growth and from the State Agriculture Development Committee (SADC) in order to conduct a study leading to the implementation of Transfer of Development Rights (TDR); and WHEREAS, the Township of Hillsborough will be required to prepare a Housing Element and Fair Share Plan and implementing ordinance by October 16, 2008 in order to address the Round 3 affordable housing requirements as determined by COAH; and WHEREAS, it is recommended that the Township start the plan endorsement process anticipation of the TDR study and Round 3 affordable housing compliance. in

NOW, THEREFORE, BE IT RESOLVED by the Hillsborough Township Committee that the Mayor is hereby authorized to send a letter to the Office of Smart Growth requesting a prepetition meeting for Plan Endorsement. Committeeman Drake said as former Director of Planning for the Office of Smart Growth that he believed Hillsborough would be able to secure plan endorsement. He said that the Township has demonstrated it commitment to smart growth. He said that part of the
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requirements to implement Transfer of Development Rights throughout the Township is to receive plan endorsement from the Office of Smart Growth. Also, COAH regulations require that upon certification for Round 3 under COAH the Township must file within three years for initial plan endorsement. Committeeman Drake said that if the Township is able to get plan endorsement then the Township will be in a better position to secure grants and receive greater levels of technical assistance from various state offices. Upon motion by Committeeman Drake, seconded by Committeeman Wagner, the aforesaid resolution was unanimously approved upon call of the roll.

CONSENTS Mayor Suraci offered the following consent agenda: 1. Resolution establishing the 2007 Holiday schedule NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the 2007 Holiday Schedule is as follows: New Year’s Day Monday M.L. King’s Birthday Monday Lincoln’s Birthday Monday Washington’s Birthday Monday Good Friday Friday Memorial Day Monday Independence Day Wednesday Labor Day Monday Columbus Day Monday Election Day Tuesday ** (Public Works employees only) ** Veteran’s Day Monday Thanksgiving Thursday Thanksgiving Friday Friday Christmas Eve Day Monday Christmas Day Tuesday January 1 January 15 February 12 February 19 April 6 May 28 July 4 September 3 October 8 November 6 November 12 November 22 November 23 December 24 December 25

2. Resolution to update Custodians of Petty Cash Funds WHEREAS, Ronald Zilinski is custodian of the Finance Department Petty Cash Fund, and WHEREAS, Tomas Ormosi is custodian of the Public Assistance Petty Cash Fund, and WHEREAS, in accordance with N.J.S.A.40A:5-21, the Township of Hillsborough is updating the custodians of the Township’s petty cash funds; and WHEREAS, Ronald Zilinski is bonded in the amount of $530,000.00 by virtue of a surety bond.
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WHEREAS, Tomas Ormosi is bonded in the amount of $5,000.00 by virtue of a surety bond. NOW THERFORE, BE IT RESOLVED by the Township Committee, Township of Hillsborough, County of Somerset that two copies of this resolution be filed with the Division of Local Government Services, Department of Community Affairs for approval. 3. Resolution authorizing the reduction of performance bond S10001, No. S10002 and 10% reduction in the cash bond from Distinctive Properties, LLC for Distinctive Domain at Hillsborough (Easthill Partnership)

WHEREAS, a request has been received from Distinctive Properties, LLC for the reduction of Performance Bond #S10001 and #S10002 and 10% Cash Bond reduction for Distinctive Domain at Hillsborough (Easthill Partnership); and WHEREAS, Assistant Township Engineer Thomas Belanger recommends that the Township Committee take action, subject to the review and report of the Township Attorney to reduce Performance Bond No. S10001 from its original amount of $435,170.00 to $273,944.00 and Performance Bond No. S10002 from it original amount of $118,884.00 to $101,336.00 and to reduce the current cash bond principal of $61,561.00 to $41,697.00. 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 Assistant Township Engineer be and hereby is accepted and approved.

4. Resolution approving the transfer of earned amounts for subdivision and site plan Engineering Trust Accounts WHEREAS, in accordance with the following summary of accrued Engineering charges related to various indicated projects ending September 30, 2006, a total of $43,027.66 should be transferred from the Engineering Escrow Account into the Treasurer’s Account as indicated; and WHEREAS, each of the project line items has been verified against the Treasurer’s Office account records to ensure that sufficient funds are available for these transfers of unanticipated revenues. NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that a total of $43,027.66 is to be transferred from the Engineering Escrow Accounts into the Treasurers Account.

Client Avalon at Hillsborough Central Jersey Airport Christian Community Chapel Colonial Square at Belle Mead Country Classics – 3B Country Classics – 3C Country Classics Phase 3A Courtyard at Amwell Designline Construction Service East Hill Partnership 13

Number 1 473 322 323 326 331 332 338 346 349

Transfer $2,720.61 124.28 102.99 577.66 5,581.52 6470.72 6,539.20 71.92 27.32 4,075.89

Hidden Forest Estates High Branch Land, Inc. Hillsborough Chase Hillsborough Point Hillsborough Promenade/Krame JK Design Larken Lots 6, 7, 8, 13, 15 Jill Medicor Associates Orchard Hills East PLEABEAZIN Pat Richards, LLC Pleasantview Estates I Valley National Bank Westmeade Development Willows Landing Grand Total

372 373 376 379 380 382 392 400 408 477 412 413 442 450 452

November 14, 2006 Regular Meeting Minutes 1,215.44 196.20 4,281.87 71.92 647.28 341.77 143.84 503.44 71.92 2,485.60 277.90 287.68 1,285.92 4,709.01 215.76 $43,027.66

5. Resolution authorizing refund of tax overpayments in the amount of $41,385.69 (total properties 33)

WHEREAS, several real property tax payers overpaid their real property taxes and: WHEREAS, the Tax Collector has received proof of such payments after correspondence with said property owners: NOW, THEREFORE BE IT RESOLVED, that the Township Committee, of the Township of Hillsborough, County of Somerset, State of New Jersey, the Tax Collector is hereby authorized to refund said amounts to the property owner. Total, $41,385.69, total properties, 33. ______________________________________________________________________ Block 10 13.01 35 58 140.02 149.03 149.03 149.06 150.09 151.20 151.20 152 153.05 153.09 153.12 153.14 153.15 153.19 163.05 Lot 4.03 1.03 4 9 24 9 55 42 26 10.8 Condo 12.7 Condo 22 22147 3301 Condo 1704 Condo 7315 Condo 4108 Condo 5.5 Condo 35192 Condo Name Bell, Lynn Sylvester Sullivan Family LP First American Tax Service First American Tax Service Atlantic Equity Westmeade Pugnet, Albert Marley, Keith & Lynn Muhlhausen, Edwin Jr. Manno, Anthony Kiegel, Frederick, Esq. First American Tax Service First American Tax Service Countrywide Home Loans Rolon, Noel First American Tax Service First American Tax Service First American Tax Service First American Tax Service First American Tax Service
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Amount Qtr 612.81 1,006.02 1,455.85 1,947.91 579.84 250.00 250.00 250.00 87.75 1,149.58 1,149.58 1,431.17 1,001.33 278.57 987.02 746.79 1,067.57 830.98 902.83 4th 4th 4th 4th 3rd 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th

Year 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006

November 14, 2006 Regular Meeting Minutes

163.06 163.06 163.06 167 175 175.06 175.11 178.01 178.01 199 205 205.12 205.15 207.K

113 Condo 214 Condo 2024 Condo 13.01 Qfarm 15 5 51 52 88 32 Cbldg 32.02 Qfarm 2 142 15

First American Tax Service First American Tax Service First American Tax Service Wells Fargo Home Mortgage First American Tax Service LIS Tax Service Marvuglio, Paul First American Tax Service First American Tax Service True Jesus Church Country Classics First American Tax Service Keenan, Alexander & Julie Washington Mutual

1,179.34 1,142.32 1,179.34 29.64 2,008.15 2,039.35 250.00 1,013.15 1,154.66 875.32 54.37 3,058.30 9,188.10 2,228.05

4th 4th 4th 2nd/3rd 4th 4th 4th 4th 4th 4th 3rd 4th 4th 4th

2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006

6. Resolution approving raffle application for Hillsborough/Manville Rotary Club

WHEREAS, an application for a raffle license had been filed by the Rotary Club of Hillsborough for a raffle being held on February 24, 2007; and WHEREAS, the submitted application form was complete in all respects. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby approves the raffle application #1038 to the Rotary Club of Hillsborough, for a raffle to be held on February 24, 2007.

CLAIMS LIST Mayor Suraci presented Claims List 2006-20. Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Wagner, Claims List 2006-20 was unanimously approved upon call of the roll.

EXECUTIVE SESSION

EXECUTIVE SESSION RESOLUTION Upon motion by Committeeman Drake, seconded by Committeewoman Nisivoccia, the following resolution was unanimously adopted upon call of the roll. 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;

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November 14, 2006 Regular Meeting Minutes

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. Property Acquisition: Block 11, Lot 6 b. PBA Negotiations 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.

Executive Session commenced at 8:20 p.m. Committeeman Drake motioned to come out of executive session at 9:10; said motion was seconded by Committeewoman Nisivoccia and unanimously adopted upon the call of the roll. ADJOURNMENT Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivoccia, the meeting duly adjourned at 9:11 p.m. Said motion carried unanimously upon voice vote. Attested:

Kevin P. Davis, RMC Township Clerk

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October 17, 2006 Regular Meeting Minutes

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