APPROVAL OF MINUTES PROCLAMATIONS. None at this time

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1 Minutes of the Regular Meeting of the Township Committee of the Township of Hillsborough, in the County of Somerset, State of New Jersey, held in the Municipal Complex at 7:30 p.m. on the above date. Upon call of the roll, the following Committee members were recorded present: Committeeman Paul Drake, Committeewoman Lisa Nisivoccia and Mayor Carl Suraci. Also, in attendance were Township Attorney Albert E. Cruz, Township Administrator/ Clerk Kevin P. Davis and Deputy Township Clerk Brianne Skobo. Committeeman Bob Wagner and Deputy Mayor Anthony Ferrera were absent. Mayor Suraci stated that Committeeman Wagner and Deputy Mayor Ferrera had notified the Clerk, prior to the meeting date, that they would be unavailable. 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 July 11, APPROVAL OF MINUTES Approval of the June 27, 2006, Regular Meeting Minutes Upon motion by Committeeman Drake, seconded by Committeewoman Nisivoccia, the minutes of the June 27, 2006 regular meeting were unanimously approved upon the call of the roll. Approval of the June 27, 2006, Executive Session Minutes Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Drake, the minutes of the June 27, 2006 executive meeting were unanimously approved upon the call of the roll. PROCLAMATIONS None at this time REPORTS AND NEW BUSINESS FROM COMMITTEE LIAISONS, RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS Committeeman Drake Committeeman Drake had nothing to report at this time. Committeewoman Nisivoccia

2 Committeewoman Nisivoccia stated that she would like to thank everyone that was involved in making the Independence Day celebration a success. Committeewoman Nisivoccia also noted that this month has been the second best month of circulation for the library in four year with 43,865 books. She would also like to thank Paula Carlson, who is retiring after 25 years of service, on July 31, For Youth Services, Committeewoman Nisivoccia would like to thank all the middle school and high school students that participated in the youth services survey. She would also like to thank Youth Services for tabulating all the results. Youth Services received about 2,400 out of 4,000 surveys. The results showed about 1,400 students would like for a center in our community while only 200 said they would not. Committeewoman Nisivoccia stated that she would continue to pursue the teen center plan for the community. The Youth Services Commission also helped sponsor the bike rodeo and the second annual two-ball basketball tournament to be held on August 15, For more information please contact Officer Jason Beverett at ext In regards to the Drug Free School Petition, Committeewoman Nisivoccia stated that there are about 600 signatures. Committeewoman Nisivoccia encouraged anyone interested in signing the petition to do so before the petition is sent to Trenton. Mayor Suraci Mayor Suraci had nothing to report at this time. NEW BUSINESS None at this time PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA Mayor Suraci opened the meeting to the public. There was no public comment at this time. PUBLIC HEARINGS Ordinance An ordinance amending Chapter 188 (Development Regulations) Section 99.4 (Mountain Conservation Zone District) of the Municipal Code of the Township of Hillsborough, County of Somerset, State of New Jersey. BE IT ORDAINED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey as follows: -2-

3 SECTION 1: Chapter 188, Section 99.4 (Mountain Conservation Zone District) of the Municipal Code of Township of Hillsborough shall be amended by the following change to Subsection I: I. Any lot in the MZ, Mountain Conservation Zone District, which was previously conforming at the time of the enactment of the amended MZ Zone regulations on , may have a building permit issued without an appeal to the Zoning Board of Adjustment subject to the requirements of Section SECTION 2: This ordinance shall take effect upon its adoption, passage and publication according to law. ATTEST: TOWNSHIP OF HILLSBOROUGH Kevin P. Davis, RMC Township Administrator/Clerk Carl Suraci, Mayor Committeeman Drake moved to open the public hearing on Ordinance Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll. Mayor Suraci explained the need for this ordinance. When the Township re-zoned the 5-acre minimum to a 15-acre minimum in 2002, there was a mistake with the Grandfather Land Use clause. As written, it inadvertently included non-conforming lots of less than 5-acres. Mayor Suraci also stated that this revision to the original ordinance was approved by the Planning Board. Committeeman Drake thought that it was critical to address this issue. He stated that the intent is for lots that are greater than 5 acres, at least from a water quality stand point, would be the minimum that would be sustainable on the mountain. Committeeman Drake moved to close the public hearing on Ordinance Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll. Committeeman Drake moved to adopt Ordinance Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll. Ordinance An ordinance amending ordinance entitled Appropriating Certain Monies Held By and Contributions To Be Received By The Township Of Hillsborough, County Of Somerset, State Of New Jersey, For The Purchase Of Various Capital Improvements In The Amount Of $1,698,950, In And For The Township Of Hillsborough. WHEREAS, there are funds available in the Hillsborough Township Capital Improvement Fund in the amount of $428, and -3-

4 WHEREAS, grant grants has have been awarded to the Township of Hillsborough from the New Jersey Department of Transportation, Transportation Trust Fund for improvements to the intersection of Hillsborough Road and Route 206 in the amount of $80,000, and New Jersey Department of Transportation, Transportation Trust Fund for improvements to the Jughandle Andrea Ave in the amount of $27,691.55, and WHEREAS, the following contribution of $360, has been offered to the Township of Hillsborough from a developer for the purchase of an Emergency Management equipment, and Roycebrook Meadows 04-PB-18-MJP 360, WHEREAS, the following off-site contributions of $662, $712, have been received from various developers to be utilized for general improvements throughout the Township in accordance with Planning Board resolutions of approval, and Bel Ayre 86-PB-81-MJ 4, John Budd Jr. 11/14/ Carriage Farms , Kimberwyck , Landmark 00-PB-26-MJ 7, Lauredale 94-PB-7-MJ 356, Neshanic Riverview , New Amwell Manors 87-PB MJ 75, Northridge Pond , Rohill IV 85-PB-18-MJ 35, Shockley BA , Sourland/Winding Meadow 89-PB-23-MJV/MRV 36, Southgate 88-PB-62-MJV 109, , Larken 98-PB-20-MJSR 35, PB-20-MJ 10, PB-21-MJ 27, , , WHEREAS, the following off-site contributions of $153, have been received from various developers to be utilized for sidewalk improvements throughout the Township in accordance with Planning Board resolutions of approval, and Mill Estates 92-PB-33-MJ 23, Pleasantview 94-PB-13-MJ 44, Railsedge BA , Rendgen 11/24/ Rhoda 89-PB-60-SR 4, Somerset Tire 97-PB-17-SR 17, Somerset Trust 89-PB-30-MJ 4, Stive's Wendy's 97-PB-33 3, Willow Landing 94-PB-20-MJ 52, , WHEREAS, the following refundable escrow deposit of $15, has been received from a developer for changes to the traffic patterns on Orchard Drive in accordance with Planning Board resolutions of approval, and Hillsborough Chase HILLCHASOT $15,

5 WHEREAS, the Hillsborough Township Committee has determined there is a need to appropriate the aforesaid Capital funds for the following purposes and amounts: 1 Emergency Management Equipment (including but not limited to) 360, Mobile command post & related equipment Emergency Generators 2 Road Overlays & Repairs (including but not limited to) 745, , Repaving of Auten Road-New Amwell to Amwell Hillsborough Road & Rte 206 Triangle Road ponding Complete Banor Park Road overlays Orchard Drive Improvements Andrea Avenue jughandle 3 Sidewalk Replacement 75, Sidewalk on Pleasant View to AVM Park 78, Vanderveer House 12, Police Equipment (including but not limited to) 84, Hand held radios Computer network cables Purchase 4 mobile police radios 2 dashboard-mounted radar units 7 Public Works Equipment (including but not limited to) 210, Ford dump truck w/plow and spreader John Deere 401 Tractor w/mower & plow Hook lift Truck Accessories 8 Park Maintence Equip (including but not limited to) 4, foot landscape trailer 16 ft utility trailer 9 Storage building with accessories at DPW yard in 30, conjunction with Fire District 10 Sunnymeade landfill closure 100, Total Capital Projects 1,698, ,775, WHEREAS, any additional grant funds received by the Township, for any of the aforementioned projects, will be utilized for said purposes. Any funds not utilized upon receipt of additional grant funds will be returned to their original source of funding. NOW THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the aforementioned sums are hereby appropriated. This ordinance shall take effect upon final adoption and publication according to law. -5-

6 ATTEST: Kevin Davis, Clerk TOWNSHIP OF HILLSBOROUGH By: Carl Suraci, Mayor Committeewoman Nisivoccia moved to open the public hearing on Ordinance Said motion was seconded by Committeeman Drake and carried unanimously upon the call of the roll. Township Administrator Kevin Davis explained that this is an amendment to the capital ordinance which was approved earlier in the year. He suggested holding this ordinance to the next meeting date on July 25, 2006 at 7:30 pm since it needed at least four members of the Township Committee to vote on it. Township Attorney Albert Cruz stated that a motion was needed to carry the public hearing until the next Township meeting on July 25, 2006 at 7:30pm. Committeeman Drake moved to continue the public hearing on Ordinance until July 25, Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll. Ordinance An ordinance authorizing acceptance of a Conservation Easement, a Drainage Easement and an Emergency Access Easement Agreement from Atlantic Equity Westmeade, L.L.C., consisting of all or a portion of Block , Lot 64; Block , Lots 64 & 90; Block , Lots 30, 40, 41 & 90 as shown on the tax map of the Township of Hillsborough, County of Somerset, State of New Jersey. WHEREAS, the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey wishes to accept a Conservation Easement, dated October 19, 2005, consisting of all or a portion of Block , Lot 64 and Block , Lots 30 and 90 as shown on the Township of Hillsborough Tax Map, conveyed unto the Township by Atlantic Equity Westmeade, L.L.C.; and WHEREAS, the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey wishes to accept a Drainage Facilities Easement, dated October 19, 2005, consisting of a portion of Block , Lot 64; Block , Lot 41; Block , Lot 30; Block , Lot 40 as shown on the Township of Hillsborough Tax Map, conveyed unto the Township by Atlantic Equity Westmeade, L.L.C.; and WHEREAS, the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey wishes to accept an Emergency Access Easement Agreement, dated October 19, 2005, consisting of all or a portion of Block , Lot 30 as shown on the as -6-

7 shown on the Township of Hillsborough Tax Map, conveyed unto the Township by Atlantic Equity Westmeade, L.L.C.; and WHEREAS, the purpose of this conveyance is to satisfy conditions of subdivision approval, as set forth in resolutions adopted by the Planning Board of the Township of Hillsborough, adopted on November 6, 2003 for Application # 03-PB-7-SR and December 9, 2004 for Application # 04-PB-24-SRMJF; and WHEREAS, the Township Attorney for the Township of Hillsborough has reviewed the abovementioned Easements and finds them acceptable in all respects. NOW, THEREFORE BE IT ORDAINED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that it hereby authorizes acceptance of the aforementioned Easements and conveyance attached hereto and directs its appropriate officials to execute and file such documents as may be necessary. law. This Ordinance shall take effect upon its adoption, passage, and publication according to Committeewoman Nisivoccia moved to open the public hearing on Ordinance Said motion was seconded by Committeeman Drake and carried unanimously upon the call of the roll. Mr. Cruz explained the need for this ordinance. He stated that as a condition for the approval of this development, there are several Drainage and Emergency Access Easements and improvements that must be granted to the Township. He explained that the Township can only accept these easements by adopting the ordinance. Committeeman Drake moved to close the public hearing on Ordinance Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll. Committeeman Drake moved to adopt Ordinance Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll. Ordinance An ordinance authorizing Hillsborough Township to acquire easements on Lot 12 in Block 168 and authorizing an appropriation in the amount of $899, from the Open Space Trust Fund. EXPLANATION: This Ordinance authorizes the Mayor and Clerk to execute an Agreement for Sale and Purchase of a Development Easement with Rose Zamek, individually, and as Trustee under the Last Will and Testament of Frank J. Zamek, Deceased, for the sale of easements on -7-

8 her property known as Block 168, Lot 12, to the Township of Hillsborough and authorizes an appropriation in the amount of $899, from the Open Space Trust Fund. WHEREAS, the Township of Hillsborough negotiated with Rose Zamek, individually, and as Trustee under the Last Will and Testament of Frank J. Zamek, Deceased, to acquire easements on her property known as Lot 12 in Block 168( Property ) for agricultural use and production in compliance with N.J.S.A. 4:1C-11 et seq., and a hiking and pedestrian easement or similar uses as authorized in N.J.S.A. 40A:12-1 et seq.; and WHEREAS, the negotiations resulted in an agreement being reached which is subject to the approval and ratification of the Township Committee; and WHEREAS, the Township Attorney drafted an Agreement for the Sale and Purchase of a Development Easement ( Agreement ) on the Property which Agreement was reviewed, revised and approved by the attorney for Rose Zamek, individually, and as Trustee under the Last Will and Testament of Frank J. Zamek, Deceased; and WHEREAS, the Agreement has been executed by Rose Zamek, individually, and as Trustee under the Last Will and Testament of Frank J. Zamek, Deceased; and WHEREAS, the Agreement calls for a purchase price of $20, per acre; and WHEREAS, the approximate acreage to be encumbered by the easements is acres for an estimated purchase price of $899,000.00; and WHEREAS, the purchase price for the final total acreage to be encumbered is contingent upon a final survey of the Property; and WHEREAS, the Agreement is subject to certain contingencies which must be satisfied before closing of title; and WHEREAS, the Township Committee has reviewed the Agreement and discussed it with the Township Attorney and finds it acceptable; and WHEREAS, the Township Committee desires to authorize the Mayor and Township Clerk to execute the Agreement on behalf of the Township and to authorize the Township Administrator and Township Attorney to take all required action to satisfy all contingencies contained in the Agreement and to arrange to close within the period set forth in the Agreement; and -8-

9 WHEREAS, the Open Space Advisory Committee recommended the acquisition of the aforesaid easements for the purposes set forth hereinbefore and the funding of such acquisition through the Open Space Trust Fund ( Trust Fund ); and WHEREAS, the Township will fund the purchase price through the Trust Fund; and WHEREAS, the Township Committee desires to adopt this Ordinance as the vehicle for the purchase easements on the Property; WHEREAS, the Township Committee filed an application with the State of New Jersey Agriculture Development Committee ( SADC ) to participate in the State s Planning Incentive Grant ( PIG ) Program; and WHEREAS, on the PIG Application, the Property was shown as a property which would be enrolled in the PIG Program in exchange for partial reimbursement of the purchase price; and WHEREAS, it is the intention of the Township to assign to the County of Somerset the Deed of Easement for that portion of the Property which will be enrolled in the PIG Program; and WHEREAS, the Local Lands and Building Law, N.J.S.A. 40A:12-13(b)(1) and N.J.S.A. 40A: , authorize the Township to transfer unneeded municipal interests in land to the County at a private sale provided that the property continues to serve a public purpose; namely, preserved as farmland. NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Hillsborough, in the County of Somerset and State of New Jersey, as follows: 1. This Ordinance, upon final adoption, shall authorize the Township of Hillsborough to expend monies from the Trust Fund for the purpose of purchasing easements on the Property. 2. The Township of Hillsborough Mayor and Clerk are hereby directed and authorized to utilize Trust Fund monies for this purchase, to execute the Agreement which has been reviewed and approved by the Township Committee for the acquisition of easements on Lot 12 in Block 168 for an estimated purchase price of $899, The Township Administrator and Attorney are hereby directed to take all required action to satisfy all contingencies contained in the Agreement and to arrange to close on the Property within the period set forth in the Agreement. 4. There is hereby authorized an appropriation in the amount of $899, from the Trust Fund for the purchase of easements on the Property described in this Ordinance. The Township -9-

10 Chief Financial Officer shall, prior to the effective date of this Ordinance, file with the Township Clerk a statement certifying that sufficient funds are available in the Trust Fund to make this appropriation. The original certification shall be attached to the original of this Ordinance and shall be kept in the files of the Township Clerk. 5. The Township Mayor, Clerk and Attorney are hereby authorized to take any action necessary to assign the PIG Deed of Easement to the County of Somerset in exchange for partial reimbursement of the purchase price. 6. This Ordinance shall take effect upon its final passage and publication according to law. Committeewoman Nisivoccia moved to open the public hearing on Ordinance Said motion was seconded by Committeeman Drake and carried unanimously upon the call of the roll. Committeeman Drake stated that he thinks this ordinance is a great thing and that it is critical for open space needs. Mayor Suraci added that this is good news for the property that was once considered for a four home development, but now will be remaining as farmland. He also stated that the Township would be reimbursed for 80% of the purchase price via County and State funds. Committeeman Drake moved to close the public hearing on Ordinance Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll. Committeeman Drake moved to adopt Ordinance Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll. CONSIDERATIONS Mayor Suraci offered the following resolution: 1. Resolution accepting the salary increases for Chief Fire Marshal Christopher Weniger and Fire Marshal John Andreychak, as approved by the Hillsborough Township Board of Fire Commissioners. WHEREAS, the Office of Fire Safety is governed by the Hillsborough Township Board of Fire Commissioners, an autonomous group elected by the voters; and -10-

11 July 11, 2006 Regular Meeting Minutes WHEREAS, at their June 13, 2006 meeting, the Board of Fire Commissioners has approved a salary increase for Chris Weniger, Chief Fire Marshal, from his present hourly rate of $27.49 to $32.92; and WHEREAS, at their June 13, 2006 meeting, the Board of Fire Commissioners has also approved a salary increase for John Andreychak, Fire Marshal, from his present hourly rate of $15.00 to $18.00; and WHEREAS, the Chairman of the Board of Fire Commissioners has submitted these approvals to the Township Administrator/Clerk and the Township Chief Financial Officer. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that it hereby accepts the salary increases for Chief Fire Marshal Christopher Weniger and Fire Marshal John Andreychak, as approved by the Hillsborough Township Board of Fire Commissioners. Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Drake, the aforesaid resolution was unanimously approved upon call of the roll. Mayor Suraci offered the following resolution: 2. Resolution accepting the Somerset County Youth Athletic and Recreation Facility Grant Agreement and authorizing the Mayor and the Township Administrator/Clerk to execute said agreement with the Somerset County Board of Chosen Freeholders. WHEREAS, the Director of Parks and Recreation has submitted a grant application to Somerset County for Youth Athletics and Recreation Facilities; and WHEREAS, the Somerset County Board of Chosen Freeholders has awarded the 2006 Youth Athletics and Recreation Facilities Grant to the Township of Hillsborough in the amount of $15, for Woodfield Park and Flaggway Tennis Courts: Tennis court resurfacing; and NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the Somerset County for Youth Athletics and Recreation Facilities Grant is hereby accepted and the Mayor and the Township Administrator/Clerk are authorized to enter into a grant agreement with the County of Somerset. Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Drake, the aforesaid resolution was unanimously approved upon call of the roll. Mayor Suraci offered the following resolution: 3. Resolution accepting the Planning Assistance Grant from the State of New Jersey Agricultural Development Committee and authorizing the Mayor and the Township Administrator/Clerk to execute said agreement. WHEREAS, the Township Committee, by resolution dated May 23, 2006, authorized the Township Planner to submit a Planning Assistance Grant application to NJ State Agricultural Development Committee; and WHEREAS, the State TDR Bank Board approved Hillsborough Township s application for a Planning Assistance Grant in the amount of $40, in order to help fund the TDR planning study for the preservation of the Sourland Mountain and existing farmland and for the implementation of Town Center, Transit-Oriented Village and Corporate Center. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that Planning Assistance Grant from

12 July 11, 2006 Regular Meeting Minutes the State of New Jersey Agricultural Development Committee is hereby accepted and the Mayor and the Township Administrator/Clerk are authorized to enter into a grant agreement with the State Transfer of Development Rights Bank (TDR) Board. Upon motion by Committeeman Drake, seconded by Committeewoman Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll. Mayor Suraci offered the following resolution: 4. Resolution establishing the intent of the Township of Hillsborough, as required by new Council on Affordable Housing (COAH) regulations, to file or petition COAH for third round substantive certification no later than May 15, 2007 or October 16, 2008, depending on the Court s ruling. EXPLANATION: This Resolution commits the Township of Hillsborough to file or petition the Council on Affordable Housing for third round substantive certification no later than May 15, 2007 or October 16, 2008, depending on the Court's ruling regarding to the Township's motion seeking a declaration that COAH's recent regulation does not apply to the Township. WHEREAS, the Final Order Approving Settlement Agreements, Entering Judgment of Compliance and Dismissing Litigation (the Judgment of Repose ) entered in the Township of Hillsborough s favor on October 16, 2002 by the Honorable Roger F. Mahon, J.S.C. protects the Township from Mt. Laurel I and II litigation ( Builders Remedy Lawsuits ) until October 26, 2008; and WHEREAS, the Council on Affordable Housing ( COAH ) adopted N.J.A.C. 5:94 et. seq. and N.J.A.C. 5:95 et. seq. which became effective on December 20, 2004; and WHEREAS, COAH adopted amendments to N.J.A.C. 5:94 et. seq. and N.J.A.C. 5:95 et. seq. which became effective on May 15, 2006; and WHEREAS, pursuant to the recent amendments to its regulations, COAH amended N.J.A.C. 5: to provide that a municipality that has received second round substantive certification that expires subsequent to December 20, 2005, and seeks to remain under the jurisdiction of COAH for the municipality s third round fair share obligation, shall approve and submit a Resolution to COAH prior to July 14, 2006, that commits to file or petition COAH for third round substantive certification in accordance with N.J.A.C. 5:94 et. seq. and N.J.A.C. 5:95 et. seq. by the earlier of the expiration date of the municipality s second round substantive certification or May 15, 2007; and: WHEREAS, the amendments adopted by COAH to N.J.A.C. 5:94 et. seq. and N.J.A.C. 5:95 et. seq. in no way affect the protections granted to municipalities for the period of second round substantive certification, which period of second round substantive certification remains in effect for the original period granted; WHEREAS, the Township desires to submit to COAH jurisdiction for the third round; and WHEREAS, the Township filed a Notice of Motion with the Superior Court of New Jersey seeking a declaration that the provisions of N.J.A.C. 5: do not apply to Hillsborough because it is subject to a Judgment of Repose and Superior Court Compliance Plan rather than having received second round substantive certification from COAH (the Motion ); and

13 July 11, 2006 Regular Meeting Minutes WHEREAS, the Township s Motion was scheduled to be heard by the Court on July 7, 2006, but the Court did not hear the Township s Motion on that date because the Governor of the State of New Jersey issued an Executive Order which resulted in the closure of the courts, except for emergent circumstances; and and WHEREAS, the Township does not want to risk being subject to Builders Remedy Lawsuits; WHEREAS, this Resolution serves to authorize the Township Planning Board and Planner to prepare the Township s submission to COAH, including a Housing Element and Fair Share Plan, if necessary, addressing the Township s third round obligation, no later than May 15, 2007 or October 16, 2008, depending on the Court's ruling. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, as follows: 1. Hillsborough hereby requests to be under COAH s jurisdiction for the third round period of substantive certification. 2. This Resolution hereby commits Hillsborough to address its third round fair share obligation by filing or petitioning COAH for review and certification of a newly adopted housing element and fair share plan in accordance with N.J.A.C. 5:94 et. seq. and N.J.A.C. 5:95 et. seq. by May 15, 2007, unless the Superior Court of New Jersey grants the Township s Motion. In that instance, Hillsborough commits to address its third round fair share obligation by filing or petitioning COAH for review and certification of a newly adopted housing element and fair share plan in accordance with N.J.A.C. 5:94 et. seq. and N.J.A.C. 5:95 et. seq. by October 16, This Resolution serves as authorization for the Township Planning Board and Planner to prepare the Township s submission to COAH, including a Housing Element and Fair Share Plan, if necessary, addressing the Township s third round obligation, no later than May 15, 2007 or October 16, 2008, depending on the Court's ruling. 4. That a copy of this Resolution be forwarded to COAH and the Court by the Township Attorney. Committeewoman Nisivoccia stated that she would like to thank Albert Cruz for his hard work when this matter went into regulation on May 15, 2006 Mayor Suraci added that this resolution is required by COAH regulation, which requires Hillsborough Township to submit notice of intention for filing third round affordable housing plans by May 2007 or October 2008, depending on the Court s ruling regarding the applicability of COAH s recent regulations. Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Drake, the aforesaid resolution was unanimously approved upon call of the roll. Mayor Suraci offered the following resolution: 5. Resolution rejecting the 2006 Sidewalk and Curbing Replacement bid from J.C. Concrete & Curb Co., Inc. for failure to submit proper documentation as required by law and authorizing the Township Administrator/Clerk to re-advertise the aforementioned bid.

14 July 11, 2006 Regular Meeting Minutes WHEREAS, on June 28, 2006 the Township of Hillsborough received one (1) bid for the 2006 Sidewalk and Curbing Replacement from J.C. Concrete & Curb Co., Inc. in the amount of $120,000.00; and WHEREAS, the Township has chosen to reject J.C. Concrete & Curb Co., Inc. s bid for failure to submit a Consent of Surety as required by law; and WHEREAS, since the only bid submitted was rejected, the Township Administrator/Clerk requests permission to re-advertise the request for bids for 2006 Sidewalk and Curbing Replacement to be opened and read in public on July 24, 2006 at 10:00am. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey the following: 1. The bid from J.C. Concrete & Curb Co., Inc. is hereby rejected for the aforementioned reason; and 2. The Township Administrator/Clerk is hereby authorized to re-advertise the bid for 2006 Sidewalk and Curbing Replacement. Upon motion by Committeeman Drake, seconded by Committeewoman Nisivoccia, the aforesaid resolution was unanimously approved upon call of the roll. Mayor Suraci offered the following resolution: 6. Resolution to rescind the appointment of Ferdinand Collazo as a Public Works Worker I in the Department of Public Works, effective immediately and authorizing the appointment of Chris Mackenzie as a Public Works Worker I, effective July 12, 2006 at a starting salary of $30, WHEREAS, on June 13, 2006 the Township Committee authorized the appointment of Ferdinand Collazo as a Public Works Worker I, at a starting salary of $30,015 per year, effective June 14, 2006; and WHEREAS, Mr. Collazo s application has been withdrawn therefore creating one (1) vacancy in the Department of Public Works; and WHEREAS, the Director of Public Works recommends the hiring of Chris Mackenzie as a Public Works Worker I, at a starting salary of $30,015 per year, effective July 12, NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the appointment of Ferdinand Collazo as a Public Works Worker I in the Department of Public Works is hereby rescinded and the recommendation of the Director of Public Works to hire Chris Mackenzie is hereby accepted and approved. Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Drake. Committeewoman Nisivoccia stated that she had interviewed Mr. Mackenzie. She recommended his appointment to the other members of the Township Committee. The aforesaid resolution was unanimously approved upon call of the roll. CONSENTS Mayor Suraci offered the following consent agenda: 1. Resolution confirming regular employee status for April Crossen, Clerk to the Planning Board/Board of Adjustment, effective July 17, 2006.

15 July 11, 2006 Regular Meeting Minutes WHEREAS, April Crossen was appointed as Clerk to the Planning Board/Board of Adjustment in the Planning/Zoning Department on April 12, 2006; and WHEREAS, the Township Planner has certified that Ms. Crossen has performed her duties and assignments in a capable and competent manner; and WHEREAS, having qualified for regular employee status during the three-month probationary period, the Township Planner recommends that regular employee status be conferred upon Ms. Crossen, effective July 17, NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the recommendation of the Township Planner is hereby accepted and approved and Ms. Crossen is granted regular employee status, effective July 17, Both Committeeman Drake and Mayor Suraci praised Ms. Crossen for her outstanding work in assisting the Panning Board/Board of Adjustment. They noted that her position is a difficult one and that she has been doing a phenomenal job so far and they are happy to have her as an employee. 2. Resolution confirming regular employee status for Blair DeRoner, Public Works Worker I, effective July 24, WHEREAS, Blair DeRoner was appointed as Public Works Worker I in the Department of Public Works on April 24, 2006; and WHEREAS, the Director of Public Works has certified that Mr. DeRoner has performed his duties and assignments in a capable and competent manner; and WHEREAS, having qualified for regular employee status during the three-month probationary period, the Director of Public Works recommends that regular employee status be conferred upon Mr. DeRoner, effective July 17, NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the recommendation of the Director of Public Works is hereby accepted and approved and Mr. DeRoner is granted regular employee status, effective July 24, Resolution approving request from Bergen Sign Co. LLC (Affinity Credit Union) for release of Development Review Escrow in the amount of $ WHEREAS, a request has been received from Bergen Sign Co. LLC (Affinity Credit Union) for the release of Development Review Escrow; and WHEREAS, the Hillsborough Township Planner certifies that all work has been satisfactorily completed; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $ Development Review Escrow that was posted for the completion of the project. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Hillsborough Township Planner be and hereby is accepted and approved. 4. Resolution approving request from Ernest Sun for release of Development Review Escrow in the amount of $ WHEREAS, a request has been received from Ernest Sun for the release of Development Review Escrow; and

16 July 11, 2006 Regular Meeting Minutes WHEREAS, the Hillsborough Township Planner certifies that all work has been satisfactorily completed; and WHEREAS, the Hillsborough Township Planner recommends that the Township Committee take action to release the $59.92 Development Review Escrow that was posted for the completion of the project. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, that the recommendation of the Hillsborough Township Planner be and hereby is accepted and approved. 5. Resolution accepting the resignation of Police Dispatcher Stephen Anagnostis, effective July 20, 2006 and authorizing the Acting Chief of Police to advertise for a replacement. WHEREAS, Stephen Anagnostis has submitted his resignation to the position of Police Dispatcher, effective July 20, 2006; and WHEREAS, Acting Chief of Police Paul Kaminsky requests permission to advertise to replace Dispatcher Anagnostis. NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the resignation of Police Dispatcher Stephen Anagnostis is hereby accepted and Acting Chief Kaminsky is hereby authorized to advertise to replace Dispatcher Anagnostis. Upon motion by Committeeman Drake, seconded by Committeewoman Nisivoccia, the consent items were unanimously approved upon call of the roll. CLAIMS LIST Mayor Suraci presented Claims List Upon motion by Committeewoman Nisivoccia, seconded by Committeeman Drake, Claims List were unanimously approved upon call of the roll. EXECUTIVE SESSION There was no executive session ADJOURNMENT Upon motion by Committeeman Drake, seconded by Committeewoman Nisivoccia, the meeting duly adjourned at 8:10p.m. Said motion carried unanimously upon voice vote. Attested: Kevin P. Davis, RMC Township Clerk