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Meeting Minutes August 14, 2012

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 Frank DelCore, Deputy Mayor Gloria McCauley and Mayor

Carl Suraci. Also, in attendance were Township Attorney Albert E. Cruz, Township

Administrator/Acting Township Clerk Michael A. Merdinger and Assistant to

Mayor/Administrator Betsy Hollenbach. Committeeman Robert Wagner was absent.

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 August 14, 2012.

APPROVAL OF MINUTES

• Approval of the June 26, 2012 Executive Session Minutes

Upon motion by Committeeman Tomson, seconded by Committeeman DelCore, the minutes of

the June 26, 2012 Executive Meeting was approved upon the call of the roll.

Yes –DelCore, Tomson, McCauley

Abstain – Suraci

• Approval of the July 24, 2012 Regular Meeting Minutes

Upon motion by Deputy Mayor McCauley, seconded by Committeeman Tomson, the minutes

of the July 24, 2012 Regular Meeting was approved upon the call of the roll.

Yes – DelCore, Tomson, McCauley, Suraci

REPORTS FROM COMMITTEE LIAISONS, AND RECEIPT OR REPORTS,

PETITIONS OR COMMUNICATIONS

Committeeman DelCore

Committeeman DelCore stated that the previous day, he and Deputy Mayor McCauley

had the honor of attending a forum set up by Congressman Leonard Lance here in

Hillsborough to discuss tax laws pending that will affect small businesses.

Committeeman DelCore thanked Congressman Lance for holding the forum with

Hillsborough businesses and for his continued time and energy here in Hillsborough.

Committeeman DelCore also thanked Planet Earth Biodiesel on Roycefield Road for

hosting the event at their facility.

Committeeman DelCore added that there were about 20 businesses in attendance.

Committeeman DelCore also mentioned that the Economic and Business Development

Commission (EBDC) will be holding their 4th quarter Business Networking event on Wed, Sept

26 at KWG Industry located at 330 Roycefield Road from 6 – 8 pm.

Committeeman DelCore reminded businesses to bring their business cards to share at

the event.

Committeeman DelCore also recognized and congratulated Buck Sixt, the township’s

Director of Public Works, who was recently appointed by Governor Christie to the State Safety

Board.

Committeeman DelCore stated that our Department of Public Works has a tremendous

track record of safety and was happy that Mr. Sixt was recognized for that accomplishment.

Committeeman Tomson

Committeeman Tomson announced that the Recreation Department’s extended

summer camp for the last two weeks in August remains open if anyone is still interested.

Committeeman Tomson stated he, Deputy Mayor McCauley, and Committeeman

DelCore attended the Recreation Summer Camp Talent Show at Auten Road and added how

much they enjoyed it.

Committeeman Tomson said that over 100 children participated in the talent show and

thanked the local businesses that donated prizes for the event.

Committeeman Tomson said that the Annual Camp Out was a great event with over

200 members of the community attending.

Committeeman Tomson thanked Committeeman Wagner and Rob Peason who manned

the grills for over five hours cooking the food.

Committeeman Tomson also thanked the Recreation Department and all the volunteers

for running such a successful event again this year.

Committeeman Tomson announced that AARP will be holding a mature adult driving

seminar called 55Alive on August 22nd and 24th and that information regarding the class is

available on the township website or call the Social Services office.

Committeeman Wagner

Committeeman Wagner was not present.

Deputy Mayor McCauley

Deputy Mayor McCauley thanked Congressman Leonard Lance for taking time to come to

Hillsborough to speak to the local businesses.

Deputy Mayor McCauley also thanked the Somerset Business Partnership and Gene

Strupinsky, Hillsborough’s Business Advocate, for organizing the event.

Deputy Mayor McCauley announced that the Sustainable Recertification was submitted for

the August 8th deadline.

Deputy Mayor McCauley thanked the Zoning Officer / Assistant Township Planner, David

Kois who spearheaded the submission and the front office staff for the help they gave.

Deputy Mayor McCauley stated that the township looks forward to the response and

moving forward to Silver certification.

Deputy Mayor McCauley announced that the Fall Credit Card Grant Application process

will open September 4th, applications are due October 4th and any group interested should visit the

township website or the Clerk’s office for a copy of the application.

Deputy Mayor McCauley mentioned that applications are being sought for the Leadership

Somerset Program which is open to adults who live or work in Somerset County. For more

information, contact Leadership Somerset at 908-231-7040 of check out the County website.

Mayor Suraci

Mayor Suraci announced that Hillsborough Township has been awarded $99,943.53 through

the New Jersey Department of Transportation’s Highway Safety Fund Grant program for the 2012

Fiscal Year.

Mayor Suraci stated that under the Safe Corridors Act, the Highway Safety Fund is

generated by fines and penalties imposed and collected in designated portion of state highways

known as Safe Corridors.

Mayor Suraci added that these grants are intended to promote public safety are distributed

to municipalities that are responsible for law enforcement along those Safe Corridors.

Mayor Suraci added that the permissible uses for the grant funds include enforcement

equipment procurement, software systems and salaries.

Mayor Suraci said that the township committee welcomes any grant money that Hillsborough

can get.

Mayor Suraci stated that he wanted to personally thank Congressman Lance for coming to

Hillsborough and conducting the “listening session” with our business leaders.

Mayor Suraci thanked Deputy Mayor McCauley and Committeeman Delcore for

participating as well.

Mayor Suraci also thanked the following members of Hillsborough’s Military Order of the

Purple Heart Committee and the Parks & Recreation Department who organized the Purple Heart

Plaque Dedication on Tuesday, August 7th : James Kopley, Ted Dima, Committeeman Bob Wagner,

Ron Skobo, Ken Meaney and Rich Resavy.

Mayor Suraci added his thanks to Congressman Lance, Assemblyman Ciattarelli and

Freeholder Caliguire for attending the dedication of the Purple Heart monument in the Garden of

Honor.

Mayor Suraci explained that on August 7th, throughout the United States, services were held

to remember and honor Purple Heart Medal recipients.

Mayor Suraci said that Hillsborough was honored to have been chosen as the site for this

ceremony and to be home for the Purple Heart monument, which is located in the Township’s

Garden of Honor.

Mayor Suraci thanked all those who served and continue to serve the United States of

America.

Mayor Suraci stated that he wanted to clear up some confusion that seems to have occurred

since the last Township Committee meeting regarding the County-wide Police Department. Mayor

Suraci explained that the police consolidation plan as originally put forth was dead on arrival as a

result of one major flaw - it assumed 100% county-wide participation. With even one municipality

not joining the projections were not accurate.

Mayor Suraci added that Hillsborough is not against regionalized or consolidated police

services – the township simply requested that further exploration in smaller scale shared services be

undertaken as that seems to be a more feasible approach.

Mayor Suraci stated that the Township Committee is definitely interested in options that will

result in saving money for our taxpayers.

Mayor Suraci mentioned that the township currently has a shared court in place since the

beginning of this year with Montgomery and welcome shared service opportunities that make sense

for the residents of Hillsborough.

Mayor Suraci reminded residents about the Hamilton Road resurfacing project is underway

and it is anticipated that this will be complete within the next week or so.

Mayor Suraci added that Wertsville Road between Amwell Road and Longhill Road remains

closed as well as Homestead Road remains closed for Bridge replacement.

Mayor Suraci reminded residents to check out the Friday eNews, the Township website and

subscribe to Nixle for the latest information on road projects.

Mayor Suraci announced that Saturday, September 15th at 11am, the township will hold the

building dedication ceremony here at the complex and more details will be announced in the future

at the meeting and on the township website.

Mayor Suraci also announced that the Township Committee Meeting on August 28th has been

cancelled and the next regular meeting is scheduled for Tuesday, September 11th at 7:30pm.

Consideration #1

Committeeman DelCore added that the Annual Rotary Fair is running tonight, August 14th

through Sunday, August 19th by the Lowes parking lot.

PROCLAMATIONS / PRESENTATIONS / APPOINTMENTS

• Proclamation honoring Michael Merdinger for his many years of service to

Hillsborough Township

WHEREAS, Michael Merdinger, a long-time Flagtown resident, has been serving as Hillsborough

Township’s Administrator and Acting Clerk;

WHEREAS, Mr. Merdinger has been a dedicated civil servant and volunteer in Hillsborough Township

over the last thirty-six years; and

WHEREAS, Mr. Merdinger was a member of the Township Committee in 1979 and again from 1981 to 1984,

and also served as Hillsborough Township Mayor in 1984; and

WHEREAS, Mr. Merdinger served 17 years on the Township’s Planning Board in various capacities

including Secretary, Vice Chairman, and Chairman; and

WHEREAS, Mr. Merdinger has served on the Hillsborough Municipal Utilities Authority since 1987,

including serving as Chairman for 10 years; and

WHEREAS, Mr. Merdinger is the current president of the Flagtown Fire Company where he has been a

volunteer firefighter for 36 years; and

WHEREAS, Mr. Merdinger has also been an active member of the Hillsborough Rotary Club for the past 31

years; and

NOW, THEREFORE, BE IT PROCLAIMED by the Mayor and Township Committee of the Township of

Hillsborough, that Mr. Michael Merdinger is hereby recognized for his outstanding service to the residents of

Hillsborough as Township Administrator and Acting Clerk as well as his many years of volunteerism

throughout the community.

BE IT FURTHER PROCLAIMED that we, the Mayor and the Township Committee of the Township of

Hillsborough, thank Mr. Michael Merdinger for his dedication and community service and wish him all the

best in his future endeavors.

Mayor Suraci and the rest of the Township Committee members presented Mr. Merdinger

with a commemorative clock/plaque for his years of service to Hillsborough Township.

• Proclamation honoring Eagle Scout – Joseph DeLorenzo

WHEREAS, Joseph DeLorenzo, a 2012 Hillsborough High School graduate and a member of Boy

Scout Troop 186, has earned the status of Eagle Scout; and

WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours

Joseph devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in

order to achieve this highly coveted position; and

WHEREAS, Joseph has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed

upon him; and

WHEREAS, Joseph’s Eagle Scout Leadership Project involved repairing a retaining wall at the Elk’s Camp

Moore for Special Children in Haskell, New Jersey; and

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WHEREAS, Joseph 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 Joseph 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 Joseph DeLorenzo 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 Evan Edelman on being named the Star Ledger Somerset

County and the Courier News Baseball Player of the Year

WHEREAS, Evan Edelman, a 2012 Hillsborough High School graduate and member of the

Hillsborough High School Varsity Baseball team, has been named the Star Ledger Somerset County

Baseball Player of the Year and Courier News Baseball Player of the Year; and

WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many years

Evan has devoted to improving his athletic skills throughout his youth and making sacrifices in order

to achieve this highly acclaimed honor; and

WHEREAS, Evan was a member of the 2012 Hillsborough High School Raiders Varsity Baseball team which

won the Somerset County Championship, the New Jersey Group 4 North 2 Sectional Championship, and were

runners up in the New Jersey Group 4 State Championships; and

WHEREAS, Evan has been playing baseball since he was 5 years old and was a member of the Hillsborough

High School Baseball team for all four years of high school; and

WHEREAS, Evan finished the season with a 7 – 3 record with five complete games in 11 starts, including

wins in the North 2 Group IV and Somerset County finals and was named MVP in the County finals; and

WHEREAS, Evan had a 1.44 earned run average in 72 innings with 57 strike outs and hit a .290 with 10

RBIs; and

NOW, THEREFORE, BE IT PROCLAIMED that we, the members of the Hillsborough Township

Committee, do hereby recognize and extend our sincere congratulations to Evan Edelman for being named both

the Star Ledger Somerset County Baseball Player of the Year and the Courier News Baseball Player of the

Year, an honor for both him and for those who have guided him, with best wishes for a bright future.

BE IT FURTHER PROCLAIMED that we, the Mayor and the Township Committee of the Township of

Hillsborough, wish Evan Edelman success as he continues his baseball career at the College of New Jersey.

NEW BUSINESS

• None at this time

PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA

PUBLIC HEARINGS

• Special Assessment for the Claremont Sewer Extension Project

Mayor Suraci announced that the Township Committee’s public hearing on the Report of the

Tax Assessor recommending a Special Assessment for the Claremont Sewer Extension Project would

now take place.

-6

Mayor Suraci stated that on July 9, 2012, the Tax Assessor held a public meeting on the Tax

Assessor’s draft report.

Mayor Suraci continued by saying that on July 26, 2012, the Tax Assessor finalized the Report,

and this public hearing was scheduled.

Mayor Suraci said that notice of the public hearing was published twice in The Hillsborough

Beacon, posted in five prominent places within the Township, and notice of the public hearing and the

final Report was provided to all affected property owners.

Mayor Suraci added that the public hearing will proceed as follows:

1.) Dr. Glen Belnay, the Township Health Officer would summarize why the sanitary

sewer extension was necessary and the steps taken to obtain approval for the

extension.

2.) Susan Brasefield, the Project Manager, would summarize the bidding process and

the construction of the Project.

3.) Albert Cruz, the Township Attorney, would summarize the report.

Mayor Suraci stated that after the presentations, the hearing would be opened to the public and

asked attendees that when speaking at the microphone, to state their name, address and if they or a

prior owner of their property signed the Sanitary Extension Assessment Agreement.

Mayor Suraci also explained that after the public hearing was concluded, the Township

Committee would either:

1. Adopt the Report as presented

2. Modify the Report

3. Reject the Report and return it to the Tax Assessor for further consideration

Dr. Glen Belnay, Hillsborough Township’s Health office, gave a summary of the history of why

the sewer project was undertaken.

Dr. Belnay explained that back in the late 1970’s, the township was receiving many complaints

regarding failing septic systems along the Millstone River Road where house in those developments

were built from 1959-1961.

Dr. Belnay stated that replacement septic systems were used to replace failing systems since it

was a very long distance to extend the sewer lines at that time.

Dr. Belnay went on to explain that the properties were small ranging from .5 to 1 acre which is

too small for the new septic systems and added that now the requirement is that a property must be at

least 2 acres to have a septic system.

Dr. Belnay stated that due to the small lot sizes, the high water table, surface water issues and

many other health issues that were occurring, in 2006 the township requested the Department of

Environment Protection (DEP) to add the Claremont Development to the Somerset County Wastewater

Management Plan so the township would be able to do the much needed sewer project.

Dr. Belnay stated that it was essential that the project happen due to public health issues and

the DEP voted unanimously to allow the development to be added to the plan.

Ms. Susan Brasefield, the Project Manager, gave a summary of the project.

Ms. Brasefield stated that they began working with the DEP in 2006 to get all permits and

funding under the NJEIT for lower interest rates.

Ms. Brasefield said the project consists of gravity sewers that are approximately 16,500 feet in

length that provide sewer laterals for the homes in the Claremont area, which are pumped to the

pumping station on Onka Road and connects to the Hillsborough Municipal Authority off

Hillsborough Road.

Ms. Brasefield explained that the low bid for the project was $3.3 million and the final cost was

$3.7 million.

Ms. Brasefield stated that the project was started in April 2010 and completed in November

2011.

Ms. Brasefield added that the DEP has given their final approvals to the project and that the 20

year payback period has begun.

Mr. Albert Cruz, the township attorney, gave a summary of the Tax Assessor’s report.

Mr. Cruz stated that there were two iterations of the report; the first draft was sent to all

property owners then a public hearing was held on July 9th following which the report was

supplemented with comments and responses from that hearing.

-7

Mr. Cruz stated that the updated report was then sent again to all affected property owners

with notices placed in the local newspapers and five postings in throughout the township.

Mr. Cruz explained that the report gives an executive summary that summarized the project

and assessment, a discussion of how the tax assessment process operates and how the Tax Assessor

came to the conclusion, discussion of the public hearing, and findings of facts that show the basis for

which the Tax Assessor recommendation.

Mr. Cruz continued by explaining that the assessment has been determined to be $24,200.00 per

household.

Mr. Cruz stated that there are exhibits in the report and discussed the last exhibit that shows the

payment schedule totaling $24,200.00 with an interest rate of 1.5% on unpaid principal.

Mr. Cruz emphasized that if payment is made in full, there is no interest charged and interest is

only charged at the same rate that the township pays on the bond obligation.

Mayor Suraci asked to have a motion to open the public hearing on the Report of the Tax

Assessor Recommending a Special Assessment for the Claremont Sewer Extension Project.

Committeeman Tomson moved to open the public hearing. Said motion was seconded by

Deputy Mayor McCauley and carried unanimously upon call of the roll.

There were no comments from the dais so Mayor Suraci asked if there were any comments

from the public.

Mr. Frank McCarthy, 39 Franklin Drive, asked for an explanation of why the residents are

paying to fix the entire road after it was cut to lay the pipes for the sewers.

Mr. Cruz explained that residents are not being assessed for road improvements or paying for

the road maintenance and referred the resident to the exhibit in the Tax Assessor’s report.

Committeeman DelCore explained that the $24,200 does not include any road paving costs and

referred the resident to exhibit C.

Mr. Nick Trassi, 7 Theodora Drive, asked what if more houses are added to the sewer extension

and would the residents get a credit for the additional money that the township could receive.

Mr. Cruz explained that it would be a huge undertaking if the project was extended but if it did

any new people getting benefit from the extension would pay for their part.

Mr. Trassi asked if the current residents who are paying for the sewer expansion would receive

some of the money that the new residents would be paying.

Mr. Cruz and Committeeman DelCore said that there is no way to know that because an

expansion would be very unlikely and there is no way to know what that cost would be but it would

certainly be taken under consideration.

Mr. Tom O’Donnell, 33 Anne Street, stated that he supported that this project was done and

that he believes it was certainly worth the $24,200.00 compared to what it would have cost for a new

septic system.

Mr. O’Donnell addressed a concern that the Roycebrook Country Club may want to be part of

the wastewater plan in the future and stated that he believed there was a clause in the original

agreement that the current residents paying for the sewers should benefit from that.

Mr. O’Donnell addressed a concern with the use of comps in determining the assessment as

stated in the tax assessors report and his concern on the language that there could be reassessments in

the future.

Mr. Cruz stated that those concerns go beyond the scope of the report and the report does say

that there will not be a reassessment in 2013 but does explain that there may be in the future just as is

the case with any house in Hillsborough.

Mr. O’Donnell also expressed concern that the report is looking for two payments this year and

suggested that the first payment should be in December and the second next year.

Mr. Cruz stated that the township is governed under that bond Ordinance which states that the

township must collect two payments this year and added that the Tax Collector could extend the grace

period for the second payment into next year.

Mayor Suraci stated that he did speak to the Tax Collector prior to the meeting and the Tax

Collector said they would extend the grace period for the residents into 2013.

Mr. O’Donnell finished by asking for Mr. Cruz to clarify the wording that was in the original

agreement regarding the residents benefiting from future houses connecting to the system.

Mr. Bob McDonald, 65 Claremont Drive, asked how the billing process would be handled and

would like to be able to pay the tax assessment bill online like he does his property taxes.

Mr. Cruz said he would speak to the Tax Collector regarding allowing payment online.

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Mr. Doug Eden, 55 Anne Street, asked if some houses had signed a statement to not be

included in the project.

Mr. Cruz stated the resolution lists all the addresses the participated in the sewer hook up and

was not aware of any statement that was signed by residents not interested in participating in the

sewer hook up.

Mr. Eden also asked if the land or the home is assessed at a higher value due to having sewers.

Ms. Debra Blaney, Township Tax Assessor, stated that initially it would be the land value

however if the future sales showed an increase in value due to improvements, then the house

improvement value would be increased.

Mr. Eden addressed his concern that their assessments would be going up just because they

now have sewers.

Committeeman DelCore and Mayor Suraci explained that the property/home assessments

would not be going up due to the new sewers; if they increase it would be due to an increase in home

values just as with the entire township.

Mr. Tom O’Donnell, 33 Anne Street, again addressed the dais to have the lawyer and/or

township committee to research to see if there is a document that was signed by residents on streets

that were not interested in participating and that the residents that did participated be considered if

any additional houses are added in the future.

Mr. O’Donnell was told that Mr. Merdinger would look into the issue of the document which

Mr. Merdinger stated he did believe exists and that the committee would certainly consider the current

residents if more streets wanted to join in the future.

Committeeman DelCore moved to close the public hearing. Said motion was seconded by

Deputy Mayor McCauley and carried unanimously upon call of the roll.

Committeeman DelCore suggested that the township committee jump ahead in the agenda to

take a vote now on Consideration #1 regarding Tax Assessor’s report.

Mr. Cruz said that it would be acceptable to vote on the report now.

Mayor Suraci read the following resolution:

1. Resolution authorizing the adoption of the July 26, 2012 report of the Tax Assessor

recommending a Special Assessment for the Claremont Area Sewer Extension Project

to be assessed to the Properties benefited by the Construction of Sanitary Sewers.

WHEREAS, the Township of Hillsborough Mayor and Committee held a public hearing on

August 14, 2012, for the purpose of considering the Report of the Tax Assessor Recommending

a Special Assessment for the Claremont Area Sewer Extension Project apportioning the costs

among properties benefiting from the construction of sanitary sewers; and

WHEREAS, the Mayor and Committee considered the Tax Assessor’s Report and exhibits

accompanying same, and all persons present at the public hearing having been given an

opportunity to be heard; and

WHEREAS, the Report recommends that each property be assessed as follows:

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183.03 3 45 FRANKLIN DRIVE $24,200.00

183.02 4 39 FRANKLIN DRIVE 24,200.00

183.02 5 29 FRANKLIN DRIVE 24,200.00

183.02 6 12 SUNNYSIDE LANE 24,200.00

183.02 7 18 SUNNYSIDE LANE 24,200.00

183.02 8 22 SUNNYSIDE LANE 24,200.00

183.02 9 28 SUNNYSIDE LANE 24,200.00

183.02 10 32 SUNNYSIDE LANE 24,200.00

183.02 11 62 CLAREMONT DRIVE 24,200.00

183.02 12 58 ANNE STREET 24,200.00

183.02 13 64 ANNE STREET 24,200.00

183.02 14 68 ANNE STREET 24,200.00

183.02 15 72 ANNE STREET 24,200.00

183.02 16 76 ANNE STREET 24,200.00

183.03 1 3 FRANKLIN DRIVE 24,200.00

183.03 2 1212 MILLSTONE RIVER RD 24,200.00

183.03 3 8 CLAREMONT DRIVE 24,200.00

183.03 4 12 CLAREMONT DRIVE 24,200.00

183.03 5 16 CLAREMONT DRIVE 24,200.00

183.03 6 20 CLAREMONT DRIVE 24,200.00

183.03 7 24 CLAREMONT DRIVE 24,200.00

183.03 8 28 CLAREMONT DRIVE 24,200.00

183.03 9 32 CLAREMONT DRIVE 24,200.00

Block Lot Street Address

183.01 41 1188 MILLSTONE RIVER RD

183.01 41.01 1194 MILLSTONE RIVER RD

183.01 42 4 FRANKLIN DRIVE











183.01 53 91 ANNE STREET


















183.01 71 25I HAMILTON ROAD


183.02

2 49 FRANKLIN DRIVE

Principal Amount of Assessment

$ 24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

24,200.00

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183.03 10 40 CLAREMONT DRIVE 24,200.00

183.03 11 54 CLAREMONT DRIVE 24,200.00

183.03 12 25 SUNNYSIDE LANE 24,200.00

183.03 13 21 SUNNYSIDE LANE 24,200.00

183.03 14 17 SUNNYSIDE LANE 24,200.00

183.03 15 13 SUNNYSIDE LANE 24,200.00

183.03 16 7 SUNNYSIDE LANE 24,200.00

183.03 17 3 SUNNYSIDE LANE 24,200.00

183.03 18 25 FRANKLIN DRIVE 24,200.00

183.03 19 19 FRANKLIN DRIVE 24,200.00

183.03 20 13 FRANKLIN DRIVE 24,200.00

183.04 1 69 CLAREMONT DRIVE $24,000.00

183.04 2 65 CLAREMONT DRIVE 24,200.00

183.04 3 61 CLAREMONT DRIVE 24,200.00 1.83.04 4 57 CLAREMONT DRIVE 24,200.00

183.04 5 53 CLAREMONT DRIVE 24,200.00

183.04 6 49 CLAREMONT DRIVE 24,200.00 183.04 7 45 CLAREMONT DRIVE 24,200.00

183.04 9 15 HIGH ACRE DRIVE 24,200.00

183.04 10 17 HIGH ACRE DRIVE 24,200.00

183.04 11 21 HIGH ACRE DRIVE 24,200.00

183.04 12 23 HIGH ACRE DRIVE 24,200.00

183.04 13 25 HIGH ACRE DRIVE 24,200.00

183.04 14 29 HIGH ACRE DRIVE 24,200.00

183.04 15 30 ANNE STREET 24,200.00

183.04 16 34 ANNE STREET 24,200.00

183.04 17 40 ANNE STREET 24,200.00

183.05 2 37 CLAREMONT DRIVE 24,200.00

183.05 3 33 CLAREMONT DRIVE 24,200.00

183.05 4 29 CLAREMONT DRIVE 24,200.00

183.05 5 25 CLAREMONT DRIVE 24,200.00

183.05 6 21 CLAREMONT DRIVE 24,200.00

183.05 7 13 CLAREMONT DRIVE 24,200.00

183.05 8 9 CLAREMONT DRIVE 24,200.00





183.05 12.01 1248 MILLSTONE RIVER RD 24,200.00


1,83.05 13 1266 MILLSTONE RIVER RD 24,200.00






183.05 18 273 HAMILTON ROAD 24,200.00

183.05 19 269 HAMILTON ROAD $24,200.00

183.05 20 267 HAMILTON ROAD 24,200.00

183.05 21 265 HAMILTON ROAD 24,200.00

183.05 22 263 HAMILTON ROAD 24,200.00

183.05 23 261 HAMILTON ROAD 24,200.00

183.05 24 259 HAMILTON ROAD 24,200.00

183.05 25 42 HIGH ACRE DRIVE 24,200.00

183.05 26 38 HIGH ACRE DRIVE 24,200.00

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183.05 27 34 HIGH ACRE DRIVE 24,200.00

183.05 28 30 HIGH ACRE DRIVE 24,200.00

183.05 29 26 HIGH ACRE DRIVE 24,200.00

183.05 30 22 HIGH ACRE DRIVE 24,200.00

183.05 31 18 HIGH ACRE DRIVE 24,200.00

183.05 32 14 HIGH ACRE DRIVE 24,200.00

183.05 33 10 HIGH ACRE DRIVE 24,200.00

191 20 1189 MILLSTONE RIVER ROAD 24,200.00

191 23 6 PLUMSTEAD WAY 24,200.00

191 23.01 1201 MILLSTONE RIVER RD 24,200.00

191 24 1211 MILLSTONE RIVER RD 24,200.00










192 2 3 ONICA DRIVE 24,200.00

192 3 5 ONKA DRIVE 24,200.00

192 4 7 ONKA DRIVE 24,200.00

192 5 9 ONKA DRIVE 24,200.00

192 6 11 ONKA DRIVE 24,200.00

192 7 13 ONKA DRIVE 24,200.00

192 8 15 ONKA DRIVE 24,200.00

192 9 17 ONKA DRIVE $24.200.00

192 10 19 ONKA DRIVE 24,200.00

192 12 21 ONKA DRIVE 24,200.00

192 13 23 ONKA DRIVE 24,200.00

192 14 25 ONKA DRIVE 24,200.00

192 15 29 ONKA DRIVE 24,200.00

192 17 33 ONKA DRIVE 24,200.00

193 1 35 ONKA DRIVE 24,200.00

193 2 37 ONKA DRIVE 24,200.00

193 3 39 ONKA DRIVE 24,200.00

193 4 41 ONKA DRIVE 24,200.00

194 1 15 THEODORA DRIVE 24,200.00

194 2 12 CRAIG DRIVE 24,200.00

194 3 14 CRAIG DRIVE 24,200.00

194 5 16 CRAIG DRIVE 24,200.00

194 6 18 CRAIG DRIVE 24,200.00

194 7 20 CRAIG DRIVE 24,200.00

194 8 22 CRAIG DRIVE 24,200.00

194 9 24 CRAIG DRIVE 24,200.00

194 11 30 ONKA DRIVE 24,200.00

1194 12 32 ONKA DRIVE 24,200.00

194 13 34 ONKA DRIVE 24,200.00

194 14 36 ONKA DRIVE 24,200.00

195 1 10 ONKA DRIVE 24,200.00

195 2 3 THEODORA DRIVE 24,200.00

195 3 5 THEODORA DRIVE 24,200.00 H

I


I


I

195 6 11 THEODORA. DRIVE 24,200.00 H

I

195 7 15 CRAIG DRIVE 24,200.00 H

I

195 8 17 CRAIG DRIVE 24,200.00 H

I

195 9 19 CRAIG DRIVE 24,200.00 H

I

195 10 23 CRAIG DRIVE 24,200.00 H

I

-12

145 11 20 ONKA DRIVE 24,200.00 H

I

195 12 16 ONKA DRIVE 24,200.00 H

I

195 13 14 ONKA DRIVE $24,200.00

196 1 3 CRAIG DRIVE 24,200.00




196 6 2 ONKA DRIVE 24,200.00

196 7 6 ONKA DRIVE 24,200.00



196 10 8 THEODORA DRIVE 24,200.00

196 11 10 THEODORA DRIVE 24,200.00

196 12 12 THEODORA DRIVE 24,200.00

196 13 7 CRAIG DRIVE 24,200.00


197 2 2 CRAIG DRIVE 24,200.00

197 3 6 CRAIG DRIVE 24,200.00

197 4 8 CRAIG DRIVE 24,200.00

; and

WHEREAS, the Tax Collector of the Township of Hillsborough is empowered to deliver to the

owners of property benefiting from the construction of the Claremont Sewer Extension Project Area

bills for the Special Assessment.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Committee of the Township of

Hillsborough, County of Somerset, and State of New Jersey, as follows:

1. That the July 26, 2012 Report of the Tax Assessor recommending assessments based

on benefit derived by each property is hereby approved and adopted and that the

Report is hereby certified to the Tax Collector.

2. That the owners of any real estate upon which an assessment for these

improvements has been made may pay the assessment in two (2) equal annual

principal payments, not exceeding forty (40) payments, with interest at the annual

rate of 1.5% on the principal amounts set forth in this Resolution.

3. That the Tax Collector of the Township of Hillsborough be and is hereby directed to

bi-annually mail or deliver to the owners of such real estate bills for the assessments

in the amounts set forth in this Resolution.

4. That the first payment be made within two (2) months of this confirmation date of

August 14, 2012, or by October 15, 2012, with the second payment due by December

1, 2012.

5. That subsequent payments be made in equal installments falling on the first day of

June and December of each succeeding year and that the Tax Collector bi-annually

mail or deliver to the owners of such real estate bills for the assessments.

6. That a copy of this Resolution be sent by the Acting Clerk to each owner of any real

property the subject of this assessment.

7. That this Resolution shall take effect immediately.

Mayor Suraci continued by stating that the Township Committee heard public comment

regarding the Tax Assessor’s final Report the Township Committee may:

1.) Adopt the Report as Presented


2.) Modify the report

3.) Reject the Report and return it to the Tax Assessor for further consideration

Mayor Suraci thanked all those involved in bringing the sewer project to completion,

especially to the residents of Claremont for their patience during the construction.

Deputy Mayor McCauley thanked the residents involved for their patience and also

thanked Mr. Merdinger and the township staff members for making the project happen.

Committeeman DelCore also thanked everyone involved.

Upon motion by Committeeman DelCore seconded by Deputy Mayor McCauley, the aforesaid

resolution was unanimously approved upon call of the roll.

INTRODUCTION OF NEW ORDINANCES

2012-24 An ordinance amending Chapter 109 titled “Alarms”, Section 109-7 Titled “Violations and

Penalties” of the Municipal Code of the Township of Hillsborough, County of Somerset,

State of New Jersey. Further consideration of this ordinance and public hearing will be held

on September 11, 2012.

BE IT ORDAINED by the Township Committee of the Township of Hillsborough, County of Somerset,

State of New Jersey that Chapter 109 titled “Alarms”, Section 109-7 titled “Violations and Penalties”, of

the Municipal Code of the Township of Hillsborough is amended as follows:

Section 1: Section 109-7 A. (1) increase fine charge from $25 to $100

Section 2: Section 109-7 A. (2) repeal and replace with the following: Any alarm system which has

between three (3) and ten (10) false alarms within a twelve-month period is in violation of

this chapter, and the alarm user and/or alarm business is subject to a fine of not less than

$100 and no more than $500 for each false alarm over four (4). For each such false alarm

over ten (10), the alarm user and/or alarm business shall be subject to a fine of up to

$1,000.

Section 3: Section 109-7 B. (1) change “first through fifth false alarms” to “first and second false

alarms”

Section 4: Section 109-7 B. (2) change “sixth false alarm” to “third false alarm”

Section 5: This ordinance shall take effect upon its adoption, passage and publication according to

law.

Mayor Surcai stated that this ordinance amends the Township’s Code regarding the fee

structure related to false alarms.

Mayor Suraci asked Police Captain Paul Merkler to provide additional information regarding

this amendment.

Captain Merkler stated that in 2011, there were 1450 false activations with 1103 violations of

township’s ordinance.

Captain Merkler explained that the current ordinance allows 6 false activations in a 12 month

period with a summons issue on the seventh false activation.

Captain Merkler stated that the new ordinance proposes three false activations then on the fourth

a summons is imposed and with an increase in fine from $25 to $100.

Captain Merkler added that in 2011, there were 27 warning letters sent out after the threshold

was met within the 12 month period with 69 summonses issued.

Captain Merkler stated that none of the letters were to residents but involved all commercial

property owners.

Mayor Suraci asked the Captain what the impact was of all the false activations.

Captain Merkler stated that when an alarm goes off, there are two police officers that respond

which would take up at least 15 minutes of their time and when it is a fire alarm the fire departments

also respond.

Captain Merkler stated that it does increase the times that emergency vehicles are speeding

through the streets to respond which affects public safety.


Captain Merkler said that this ordinance will help to push people and business to be responsible

for their alarms and cut down on the time running to false calls.

Committeeman Tomson asked if there were multiple offenses by the same business and he said

yes.

Upon motion by Deputy Mayor McCauley seconded by Committeeman DelCore, the aforesaid


CONSIDERATIONS

Consideration #1 was discussed and voted on earlier in the meeting.

2. Resolution authorizing the Township’s Tax Conflicts Counsel to enter into a Stipulation of

Settlement relative to the tax appeals captioned Bank of America vs. Township of

Hillsborough, Tax Court of New Jersey, Docket Nos. 004594-2010 and 02853-2011; and Fleet

National Bank c/o Bank of America vs. Township of Hillsborough, Tax Court of New

Jersey, Docket No. 003032-12.

WHEREAS, Fleet National Bank c/o Bank of America (hereinafter “Taxpayer”), the owner of

Block 178, Lots 2 and 3.01 on the Hillsborough Township Tax Assessment Maps, 420 Amwell Road and

616 Route 206 respectively (hereinafter referred to as “the Property”), filed an appeal of its 2010, 2011

and 2012 tax assessments by the Township in the Tax Court of New Jersey, Docket Nos. 004594-2010,

002853-2011 and 003032-2012; and,

WHEREAS, the Township Committee of the Township of Hillsborough met and discussed the

aforesaid tax appeals and the recommendations of its Township Tax Assessor and the Township’s Tax

Conflicts Counsel; and,

WHEREAS, a negotiated settlement was reached with the Taxpayer, which the Township Tax

Assessor and the Township’s Tax Conflicts Counsel recommend for approval; and,

WHEREAS, the Taxpayer has agreed to withdraw its 2010, 2011 and 2012 appeals for both lots in

consideration of a reduced total assessment of $1,341,200 in 2013; and,

WHEREAS, the proposed settlement further provides for the proposed 2013 total assessment of

$1,341,200 to remain the same in 2014 and 2015 absent a reassessment, revaluation or a material change

to the property, such as improvements and/or expansion; and,

WHEREAS, the proposed assessments for 2013, 2014 and 2015 for the Taxpayer have no general

application to other properties within the Township of Hillsborough; and

WHEREAS, the Township Committee of the Township of Hillsborough will make this settlement

without prejudice to its dealings with any other Hillsborough Township taxpayer’s request for tax

assessment reduction.

NOW, THERFORE, BE IT RESOLVED by the Township Committee of the Township of

Hillsborough, County of Somerset, State of New Jersey, as follows:

1. Tax Conflicts Counsel is hereby authorized to execute Stipulations of Settlement relative to

the tax appeals of Fleet National Bank c/o Bank of America vs. Township of Hillsborough,

Tax Court of New Jersey, Docket Nos. 004594-2010, 002852-2011 and 003032-2012 on behalf of

the Township, as more specifically set forth at length in the Stipulations of Settlement

annexed hereto and incorporated herein by reference.

2. The form of Stipulation of Settlement are annexed hereto, having been reviewed by the

Township Committee of the Township of Hillsborough.

3. The settlement outlined above shall be without prejudice to the Township of Hillsborough’s

dealings with any other Township taxpayer’s request for tax assessment reductions.


Mayor Suraci stated that the Township’s Tax Appeal Attorney and Tax Assessor have

recommended a settlement regarding the above referenced tax appeal.

Upon motion by Committeeman Tomson seconded by Deputy Mayor McCauley, the aforesaid


3. Resolution authorizing the Mayor and Township Administrator/Acting Clerk to execute a

“Non Fair and Open” contract for professional services, as a licensed professional

engineer, with the ELM Group, Inc. for the continued implementation of the remedial

work plan for the underground storage tank leak at the Hillsborough Township

Department of Public Works, in an amount not to exceed $15,000.

WHEREAS, the Township Committee, upon the recommendation of the Township Health

Officer, has decided to award a “Non Fair and Open” contract for professional services to The ELM

Group, Inc. for the continued implementation of the remedial work plan for the underground storage

tank leak at the Hillsborough Township Department of Public Works, in an amount not to exceed

$15,000; and

WHEREAS, the ELM Group developed the initial remedial work plan which was approved by the

NJDEP and has continued to provide excellent service in the execution of the plan; and

WHEREAS, funds are available and have been certified as such by the Chief Finance Officer said

certification is attached to this resolution; and

WHEREAS, The ELM Group, Inc. has submitted the required Political Contribution Disclosure

form and other forms as required by N.J.S.A. 19:44A-20.26; 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 action of the Mayor and Township Administrator/Acting Clerk to authorize and execute

the agreement with The ELM Group, Inc. for the continued implementation of the remedial

work plan for the underground storage tank leak at the Hillsborough Township Department

of Public Works, is hereby ratified and confirmed.

2. This contract is awarded without competitive bidding as a “Non Fair & Open 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 Administrator/Acting Clerk are hereby authorized to execute the

Township’s standard form of agreement 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.

Mayor Suraci stated that the Environmental Liability Management (E.L.M.), a professional

environmental consultant has been providing environmental consulting services for the

monitoring, reporting and remediation of the DPW underground storage tank leaks for many

years.

Mayor Suraci added that the consultants wrote the remedial action work plan that was

approved by the NJDEP and prevented the Township from facing significant fines back in 2005.


Mayor Suraci said that the NJDEP requirements regarding monitoring the leak, including

the monitoring of numerous wells that must be checked and reported on a quarterly basis, are very

costly.

Mayor Suraci explained that over the years the township has significantly reduced its

exposure on the expense of this remediation with E.L.M.’s services.

Mayor Suraci added that Hillsborough Township has successfully entered the licensed site

remediation professional program (LSRP) and E.L.M. will complete the project under that program

within the next several years and that the continuation of E.L.M. in this critical role is

recommended by the Health Officer, Dr. Glen Belnay.

Upon motion by Committeeman DelCore seconded by Committeeman Tomson, the aforesaid


4. Resolution awarding Contract No. 2012-02 for 2012 Sidewalk and Curbing Replacement to

A-Team Concrete, Inc. in an amount not to exceed $96,000.00.

WHEREAS, the Township Engineer has determined that there is a need for sidewalk and curb

replacement; and

WHEREAS, sealed bids were opened and read on July 25, 2012 at 11:00 a.m., which was the time

and place provided for in the Notice to Bidders entitled “2012 Sidewalk and Curbing Replacement” in

accordance with the Local Public Contracts Law; and

WHEREAS, the Township received nine (9) bids with the lowest bid from A-Team Concrete, Inc

from South River, New Jersey.

WHEREAS, the specifications provide that the award of the contract shall be made to the lowest

responsible bidder; and

WHEREAS, pursuant to N.J.S.A. 40A:11-2(27) “The lowest responsible bidder is the one who

conforms to all requirements of a specification and applicable statutory provisions”; and

WHEREAS, the Qualified Purchasing Agent has determined that the lowest responsible bidder is

A-Team Concrete, Inc.; and

WHEREAS, the Township Assistant Engineer has reviewed the proposal and has provided the

Township Committee with a memorandum recommending awarding the contract to A-Team Concrete,

Inc.; and

WHEREAS, the Township Attorney has reviewed the bid packages of the recommended vendors

set forth hereinabove and finds them to be in conformance with the Local Public Contracts Law and the Township Instruction to Bidders; and

WHEREAS, funds are available and have been certified as such by the Chief Finance Officer, said

certification is attached to this resolution.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of


1. An award of contract for the entitled “2012 Sidewalk and Curbing Replacement” is made to

A-Team Concrete, Inc. in an amount not to exceed $96,000.00.

2. The Mayor and Township Administrator/Acting Clerk are hereby authorized to execute a

contract which shall delineate within it all of the terms of this Resolution and the contract

documents.

3. A notice of this action shall be printed in the official Township newspaper.


Mayor Suraci stated that on July 25th, the Township received nine (9) bids for the 2012

Sidewalk and Curbing project ranging from $130,250 to 183,625. The specifications provide that the

award shall be made to the lowest responsible bidder; A-team Concrete has been determined to be

the lowest responsible bidder according to the township’s Qualified Purchasing Agent.

Mayor Suraci added that the Township Assistant Engineer has also reviewed the proposal

and recommends awarding it to A-Team Concrete.

Mayor Suraci said this project is to replace sidewalks along various roadways to eliminate

tripping hazards due to uneven and cracked surfaces.

Upon motion by Deputy Mayor McCauley seconded by Committeeman DelCore, the aforesaid


5. Resolution authorizing Maser Consulting, P.A. to provide Professional Environmental

Consulting Services, investigation of soils for background Arsenic, data analysis and

report preparation for the P.I.D. Associates’ Property (Block 12, Lots 26.01, 28.01, 29.01, 33

and 47) in an amount not to exceed $10,200.00.

WHEREAS, pursuant to the contract for professional services awarded by the Township to

Maser Consulting, P.A., through the Fair and Open procurement process (N.J.S.A. 19:44A-20.4-5 et seq.),

appointing Maser Consulting, P.A., as the Township Engineer, Maser Consulting, P.A., prepared a

proposal, dated July 20, 2012, to provide professional environmental engineering services to prepare

additional investigation of soils for background arsenic, data analysis and report preparation for the

P.I.D. Associates’ Property (Block 12, Lots 26.01, 28.01, 29.01 33 and 47), in an amount not to exceed

$10,200; and

WHEREAS, funds are available and have been certified as such by the Chief Finance Officer and

said certification is attached to this resolution; and


Hillsborough, County of Somerset, State of New Jersey that Maser Consulting, P.A., is authorized to

perform professional environmental engineering services to:

1. Prepare additional investigation of soils , data analysis and report preparation as

outlined in the proposal, dated July 20, 2012, in an amount not to exceed $10,200 for the

P.I.D. Associates’ Property (Block 12, Lots 26.01, 28.01, 29.01 33 and 47).

BE IT FURTHER RESOLVED by the Township Committee of the Township of Hillsborough,

County of Somerset, State of New Jersey as follows:

1. The Mayor and Acting Township Clerk are hereby authorized to execute a Professional

Services Contract with Maser Consulting, P.A., in an amount not to exceed $10,200.

2. The Mayor and Acting Township Clerk are hereby authorized to execute the Township’s

standard form of agreement for “Professional Services” and any modifications thereto

and related constituent documents as may be found acceptable by the Township

Committee.

Mayor Suraci stated that additional soil sampling is needed for the PID property.

Mayor Suraci added that Maser has been involved in this process and this resolution

authorizes them to proceed with the additional sampling.



6. Resolution accepting a Letter of Intent from Sunnymeade Ventures, LLC for the

redevelopment, remediation, closure, and monitoring of the Sunnymeade Landfill (Block

182, Lot 7.02) in exchange for the conveyance of that property.


WHEREAS, the Township of Hillsborough is the owner of the Sunnymeade Landfill (Block 182,

Lot 7.02) (Landfill); and

WHEREAS, the Landfill requires closure as mandated by the New Jersey Department of

Environmental Protection (NJDEP); and

WHEREAS, a cost analysis of the NJDEP approved closure plan for the Landfill was estimated at

over $1 million dollars by Applied Water Management, the engineering firm originally engaged for the

closure of the Landfill; and

WHEREAS, in September, 2007, the Township Committee of the Township of Hillsborough

declared Block 182, Lot 7.02 an area in need of redevelopment pursuant to the Local Redevelopment and

Housing Law; and

WHEREAS, in September, 2009, the Township, through a published solicitation for a Statement

of Interest (SOI), sought interested parties who would be willing to take responsibility to fulfill the

NJDEP requirements for the closure and monitoring of the Landfill, at no cost to the Township, in

exchange for the conveyance of the Landfill; and

WHEREAS, the Township received three responses to the SOI, including from River

Development, LLC, Sunnymeade Ventures, LLC, and Siemens Industry, Inc., Building Technologies; and

WHEREAS, Sunnymeade Ventures, LLC, was the only entity to offer to take responsibility for

the closure and the monitoring of the Landfill, in return for the transfer of ownership of the Landfill; and

WHEREAS, the transfer of ownership of Block 182, Lot 7.02 from the Township to a private

entity will benefit the taxpayers of the Township through relief from the $1 million dollars cost of

closure and monitoring, and the return of a tax exempt property to the tax ratable list.


Hillsborough, County of Somerset, State of New Jersey, that the Letter of Intent, dated June 29, 2012,

submitted by Sunnymeade Ventures, LLC, is hereby accepted; and

BE IT FURTHER RESOLVED that the Township Administrator and Attorney are hereby

authorized to negotiate an acceptable Redevelopment Agreement with Sunnymeade Ventures, LLC,

within one hundred and eighty (180) days after Sunnymeade Ventures, LLC, posts the escrow required

by the Letter of Intent, including the preparing of a Redevelopment Plan for the Landfill; and

BE IT FURTHER RESOLVED that the Township Administrator and Attorney are hereby

authorized to negotiate a Payment in Lieu of Taxes and related economic benefits favorable to the

Township in accordance with applicable law; and

BE IT FURTHER RESOLVED that the Redevelopment Agreement and Redevelopment Plan are

subject to final approval of the Township Committee of the Township of Hillsborough.

Mayor Suraci stated that the township is moving one step closer to the transfer of ownership of

the Sunnymeade Landfill site and this resolution authorizes the Township to accept the Letter of Intent

from Sunnymeade Ventures.

Upon motion by Committeeman DelCore seconded by Committeeman Tomson, the aforesaid



7. Resolution authorizing Bruce Rydel, PP of CME Associates to provide Professional

Consulting Services, to prepare a Redevelopment Plan for the Sunnymeade Landfill

Property (Block 182, Lot 7.02) in an amount not to exceed $12,000.00, as outlined in the

proposal dated August 22, 2008.

WHEREAS, the Township Committee has decided to award a “Non Fair and Open” contract for

professional services to Bruce Rydel, PP of CME Associates for the purpose of preparing a

redevelopment plan for the Sunnymeade Landfill property (Block 182, Lot 7.02) in an amount not to

exceed $12,000.00, as outlined in a proposal dated August 22, 2008; and

WHEREAS, funds are available and have been certified as such by the Chief Finance Officer said

certification is attached to this resolution; and

WHEREAS, Bruce Rydel, PP of CME Associates has submitted the required Political Contribution

Disclosure form and other forms as required by N.J.S.A. 19:44A-20.26; 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.



1. The action of the Mayor and Township Administrator/Acting Clerk to authorize and execute

the agreement with Bruce Rydel, PP of CME Associates for the professional services for the

purpose of preparing a redevelopment plan for the Sunnymeade Landfill property.

2. This contract is awarded without competitive bidding as a “Non Fair & Open 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 Administrator/Acting Clerk are hereby authorized to execute the

Township’s standard form of agreement 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.

Mayor Suraci explained that this resolution authorizes Bruce Rydel of CME Associates to prepare

the redevelopment plan for the Sunnymeade Landfill property.



CONSENT

1. Resolution amending the resolution approving request from JCP&L for a Continuation

Certificate for Road Opening Bond No. 6225483.

WHEREAS, on May 8, 2012, the Township Committee adopted a resolution titled “Resolution

approving request from JCP&L for a Continuation Certificate for Road Opening Bond No. 6225483”; and

WHEREAS, the Utility Company referenced in the resolution should have been PSE&G not

JCP&L for Bond No. 6225483; and



Hillsborough, County of Somerset, State of New Jersey, that the above correction is hereby accepted and

approved.

2. Resolution approving the request from New Jersey American Water for the release of

engineering inspection fees for Road Opening Permit Nos. 2008-25, 2009-31, 2008-21, 2009-

29.

WHEREAS, a request has been received from New Jersey American Water for the release of

engineering inspection fees for Road Opening Permit No. 2008-25, 2009-31, 2008-21, 2009-29; 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 $1,061.52 for Permit No. 2008-21, $153.03 for Permit No. 2009-31, $1,596.48 for Permit

No. 2008-25, and $5,061.54 for Permit No. 2009-29 to New Jersey American Water.


Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Assistant

Township Engineer be and hereby is accepted and approved.

3. Resolution granting permanent employee status to Lou Walakonis, Police Clerk, effective

July 29, 2012.

WHEREAS, Mr. Walakonis was transferred to the position of Police Clerk in the Hillsborough

Police Department on May 29, 2012; and

WHEREAS, the Township Administrator/Acting Township Clerk and the Chief of Police certify

that Mr. Walakonis has performed his duties and assignments in a capable and competent manner; and

WHEREAS, having qualified for regular employee status during the two-month probationary

period, the Administrator/Acting Township Clerk recommends that regular employee status be

conferred upon Mr. Walakonis, effective July 29, 2012.


Hillsborough, County of Somerset, State of New Jersey that the recommendation of Administrator /

Acting Township Clerk Michael A. Merdinger be and hereby are accepted and approved.

4. Resolution authorizing the transfer of John DeDomenico from the position of Clerk to the

Tax Collector/Treasurer in the Finance Office to the position of Technical Assistant in the

Building Department.

WHEREAS, there exists a vacancy in the position of Technical Assistant in the Hillsborough

Township Building and Construction Department; and

WHEREAS, John DeDomenico, who currently works as Clerk to the Tax Collector/Treasurer in

the Finance Office, expressed interest, has been interviewed and is the most qualified candidate; and

WHEREAS, the Director of Building and Construction recommends that the Township

Committee take action to transfer Mr. DeDomenico to the Technical Assistant position in the Building

Department with no change in salary, effective August 15, 2012.


Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Director of

Building and Construction is hereby accepted and approved.


5. Resolution approving the request from JK Design for the release of Development Review

Escrow in a total amount of $158.73.

WHEREAS, a request has been received from JK Design 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 $158.73 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.

6. Resolution approving the request from Constructural Dynamics, Inc. for the release of

Development Review Escrow in a total amount of $1,521.68.

WHEREAS, a request has been received from Constructural Dynamics, Inc. 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 $1,521.68 Development Review Escrow because the work has been completed.


Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Hillsborough

Township Planner be and hereby is accepted and approved.

7. Resolution authorizing refund of Tax Overpayment in the amount of $13,437.20 (total

properties 1).

WHEREAS, real property tax payer overpaid their real property taxes and:

WHEREAS, the Tax Collector has received proof of such payment after correspondence with

said property owner:

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 amount to the property owner. Total, $13,437.20, properties, 1.

Block Lot Name Amount Qtr Year

151 13.03 Washington, William & Anna 13,437.20 4th 2012

8. Resolution authorizing Captain Paul Merkler to enroll in “Work Place Security” and to be

eligible for tuition reimbursement of said course once it has been successfully completed,

pursuant to 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 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, Captain Paul Merkler is requesting authorization to take “Work Place Security”

towards his Bachelor’s Degree in Administration of Criminal Justice; and

WHEREAS, Captain Merkler has requested consideration under the Township’s Educational

Assistance provision upon successful completion of the aforementioned course; and

WHEREAS, the Chief of Police has requested favorable consideration of Captain Merkler’s

request for financial reimbursement of seventy-five percent (75%) of the cost incurred upon successful

completion of the classes.


Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Chief of Police is

hereby accepted and approved.

9. Resolution ratifying and confirming Captain Paul Merkler’s enrollment in “Police and

Community Relations” and authorizing Tuition reimbursement to Captain Paul Merkler

for completion of the class “Police and Community Relations” offered through Columbia

Southern University, in the amount of $450.00, pursuant to 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 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, Captain Merkler has requested authorization to take “Police and Community

Relations” towards his Bachelor’s Degree in Administration of Criminal Justice; and

WHEREAS, Captain Merkler has successfully completed the “Police and Community Relations”

course through Columbia Southern University; and

WHEREAS, Captain Merkler has requested consideration under the Township’s Educational

Assistance provisions; and

WHEREAS, the Chief of Police has requested favorable consideration of Captain Merkler’s

request for financial reimbursement of seventy-five percent (75%) of the $600.00 cost incurred for a total

of $450.00.


Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Chief of Police is

hereby accepted and approved.

10. Resolution accepting Irrevocable Letter of Resignation from Police Officer Damien

Chromowsky and authorizing Mayor and Acting Township Clerk to take any and all

action necessary on behalf of the Township of Hillsborough to effectuate such departure.

WHEREAS, Police Officer Damien Chromowsky submitted an irrevocable letter of resignation

effective June 25, 2012; and,


WHEREAS, the Township of Hillsborough accepts Officer Chromowsky’s irrevocable letter of

resignation retroactive to June 25, 2012; and,

WHEREAS, the Township Committee wishes to authorize the Mayor and Acting Township

Clerk or designee to execute any and all documents necessary to effectuate Officer Chromowsky’s

departure from the Township’s employ; and,


Hillsborough, County of Somerset, State of New Jersey, that the actions of the Mayor and Acting

Township Clerk or designee are hereby authorized, ratified and confirmed.

11. Resolution appointing Michael Volpe to Seat #1 from Alternate Seat #4 on the Board of

Adjustment to fill an unexpired term of Joseph Jaghab ending 12/31/12.

TOWNSHIP COMMITTEE APPOINTMENTS

Board of Adjustment

Seat 1 (1-year term) Michael Volpe 12/31/12

Upon motion by Committeeman Tomson seconded by Deputy Mayor McCauley, the consent

agenda was unanimously approved upon call of the roll.

CLAIMS LISTS

Mayor Suraci presented Claims List 2012-15.

Upon motion by Committeeman DelCore seconded by Deputy Mayor McCauley, Claims

List 2012-15 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.


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. Tax Appeals: TD Bank

b. Contract Negotiations: PBA Local 205

AFL-CIO 3697

Teamsters Local 469

Police Dispatchers Teamsters Local 701

c. Personnel: Attorney Client Privilege

d. Pending or Anticipated Litigation: PBA 205 Grievance Arbitration

Teamsters Local 469 Grievance Arbitration


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 Committeeman DelCore, the aforesaid


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 Labor Attorney, stated “Let

the record reflect, Mayor, that all members of the Township Committee present at the commencement of

the Executive Session are present at the recommencement of the Open Session, as well as the Township

Labor Counsel and Deputy Clerk Pam Borek, the Township Attorney having been excused and the

Township Acting Clerk also had been excused. Also present during the executive session, Debra Blaney,

Township Tax Assessor, and Michael Merdinger, Administrator/Acting Township Clerk.”

Mr. Bernstein continued by saying that there was discussion regarding a possible resolution to a

series of tax appeals involving TD Bank/ Commerce Bank and that a resolution will be brought forth for

the Township Committee’s consideration.

Mr. Bernstein stated that there was discussion regarding continuing negotiation with PBA Local

205, AFL-CIO 3697, Teamsters Local 701 and Teamsters Local 469 where various guidance and advice

was given to the Labor Counsel. No formal action was required.

Mr. Bernstein added that discussion had also taken place regarding the ongoing Grievance

Action involving PBA Local 205 and Teamsters Local 469 with guidance and advice was given to the

Labor Counsel. No formal action was required.

Mr. Bernstein concluded by saying that there is a resolution being brought forward by the

Deputy Clerk regarding the TD Bank tax appeal.

Mayor Suraci read the following resolution.

CONSIDERATION

1. Resolution authorizing the Township’s Tax Conflicts Counsel to enter into a Stipulation of

Settlement relative to the Tax Appeals captioned Commerce Bank, N.A. vs. Township of

Hillsborough, Tax Court of New Jersey, Docket Nos. 010851-2009 and 004810-2010; and TD

Bank, N.A. vs. Township of Hillsborough, Tax Court of New Jersey, Docket No. 006293-12.

WHEREAS, TD Bank, N.A. (hereinafter referred to as “Taxpayer”) and its predecessor in

interest, Commerce Bank, N.A., the owner of Block 153.06, Lot 2 on the Hillsborough Township Tax

Assessment Maps, 380 Route 206 South (hereinafter referred to as “the Property”), filed an appeal

of its 2009, 2010 and 2012 tax assessments in the Tax Court of New Jersey, Docket Nos. 010851-2009,

004810-2010 and 006293-2012; and,

WHEREAS, the Township Committee of the Township of Hillsborough met and discussed

the aforesaid tax appeals and the recommendations of its Township Tax Assessor and the

Township’s Tax Conflicts Counsel; and,

WHEREAS, the Township conducted a district-wide revaluation for the 2011 tax year and

the company charged with the revaluation reviewed and analyzed the subject property, as well as

the market pertaining to the subject property and assessed the Property’s land at $803,300 and the

improvements at $359,000 for a total assessment of $1,162,300; and

WHEREAS, a negotiated settlement was reached with the Taxpayer, which the Township

Tax Assessor and the Township’s Tax Conflicts Counsel recommend; and,


WHEREAS, the Taxpayer has agreed to withdraw its 2012 appeal in consideration for a

reduction in the assessments of year 2009 to $702,100 and 2010 to $705,600 respectively (based on

the appropriate ratios in effect for 2009 and 2010) and for the 2012 revaluation assessment of

$1,162,300 to remain in effect; and,

WHEREAS, there shall be no tax overpayment refund paid by the Township of

Hillsborough to the taxpayer, but rather same shall be received as a credit against future tax

payments, without interest; and,

WHEREAS, the aforesaid reductions have no general application to other properties within

the Township of Hillsborough; and,

WHEREAS, the Township Committee of the Township of Hillsborough will make this

settlement without prejudice to its dealings with any other Hillsborough Township taxpayer’s

request for tax assessment reduction;

NOW, THERFORE, BE IT RESOLVED by the Township Committee of the Township of

Hillsborough, County of Somerset, State of New Jersey, as follows:

1. Tax Conflicts Counsel is hereby authorized to execute Stipulations of Settlement relative

to the tax appeals of TD Bank, N.A. (a/k/a Commerce Bank, N.A.) vs. Township of

Hillsborough, Tax Court of New Jersey, Docket Nos. 010851-2009, 004810-2010 and

006293-2012 on behalf of the Township, as more specifically set forth at length in the

Stipulations of Settlement annexed hereto and incorporated herein by reference.

2. The form of Stipulations of Settlement are annexed hereto, having been reviewed by the

Township Committee of the Township of Hillsborough.

3. The settlement outlined above shall be without prejudice to the Township of

Hillsborough’s dealings with any other Township taxpayer’s request for tax assessment

reductions.

Mr. Bernstein explained that the resolution is to resolve the 2009 and 2010 tax appeals filled

by Commerce Bank as well as the 2012 TD Bank, the successor of Commerce Bank, appeal and that

there was no 2011 appeal.

Mr. Bernstein added that the agreement is to reduce the 2009 and 2010 assessment to reflect

true value of the property based on 2009 and 2010 tax ratios and to keep 2012 assessment on the

books as is and credits going forward in lieu of payment refunds of taxes at not interest.

Mayor Suraci stated that the Township’s Tax Appeal Attorney and Tax Assessor have

recommended a settlement regarding the above referenced tax appeal.



ADJOURNMENT

Upon motion by Committeeman Tomson seconded by Deputy Mayor McCauley, the meeting

duly adjourned at 10:45p.m. Said motion was carried unanimously upon voice vote.

Attested:

Michael Merdinger Township Administrator/Acting Clerk

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