December 19, 2006
Regular Meeting Minutes
Minutes of the Regular Meeting of the Township Committee of the Township of Hillsborough, in the County of Somerset, State of New Jersey, held in the Municipal Complex at 7:30 p.m. on the above date.
Upon call of the roll, the following Committee members were recorded present: Committeeman Paul Drake, Committeewoman Lisa Nisivoccia and Committeeman Bob Wagner.Mayor Carl Suraci arrived at 7:40 p.m. Also in attendance were Township Attorney Albert E. Cruz, Township Administrator/Clerk Kevin P. Davis andDeputy Clerk Brianne Skobo. Deputy Mayor Anthony Ferrera was absent.
Following Roll Call and Salute to the Flag, Committeeman Wagneradvised 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 December 19, 2006.
Approval of minutes
- Approval of the November 28, 2006 Regular Meeting Minutes
Upon motion by Committeewoman Nisivoccia,seconded by Committeeman Wagner, the minutes of the November 28, 2006regular meeting were unanimously approved upon the call of the roll.
- Approval of the November 28, 2006 Executive Session Minutes
Upon motion by Committeeman Wagner, seconded by Committeewoman Nisivocciathe minutes of the November 28, 2006executive session were unanimously approved upon the call of the roll.
proclamations
- Proclamation honoring Brian Van Dongen
WHEREAS, Brian Van Dongen, a member of Boy Scout Troop 89, has earned the status of Eagle Scout; and
WHEREAS, we, the Township Committee of the Township of Hillsborough, recognize the many hours Brian devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in order to achieve this highly coveted position; and
WHEREAS, Brian Van Dongen has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed upon him; and
WHEREAS, for Brian’s Eagle Scout Leadership Project he led a group of Boy Scouts who added a new play area at the Christian Nurturing Center; and
WHEREAS, Brian’s project consisted of removing brush, leveling the ground, installing fence and spreading mulch; and
WHEREAS, this project has more than doubled the play area for the students at the ChristianNurturingCenter; and
WHEREAS, Brian Van Dongen serves as an example to youth through his high level of personal achievement, leadership and community service, and we are very proud that Brian is a member of our community.
NOW, THEREFORE, BE IT PROCLAIMED that we, the members of the HillsboroughTownship Committee do hereby recognize and extend our sincere congratulations to Brian Van Dongen for having achieved the status of Eagle Scout, an honor for both him and for those who have guided him, with best wishes for a bright future.
- Proclamation honoring Eagle Scout Matthew Cichon
WHEREAS, Matthew Cichon, 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 Matthew devoted to attaining the status of Eagle Scout, working with diligence and making sacrifices in order to achieve this highly coveted position; and
WHEREAS, Matthew Cichon has served the Boy Scouts in an exemplary manner and is deserving of the honor bestowed upon him; and
WHEREAS, for Matthew’s Eagle Scout Leadership Project he improved the area around the Shrine at Christ the KingChurch in Manville; and
WHEREAS, Matthew’s project consisted of power washing the statue of Mary and the walkway around the Shrine; and
WHEREAS, for this project Matthew weeded the garden surrounding the statue and added new plants, new mulch and a brick border, thereby making the Shrine a beautiful place to visit; and
WHEREAS, Matthew Cichon serves as an example to youth through his high level of personal achievement, leadership and community service, and we are very proud that Matthew is a member of our community.
NOW, THEREFORE, BE IT PROCLAIMED that we, the members of the HillsboroughTownship Committee do hereby recognize and extend our sincere congratulations to Matthew Cichon 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.
REPORTS AND NEW BUSINESS FROM COMMITTEE LIAISONS, RECEIPT OF REPORTS, PETITIONS OR COMMUNICATIONS
Committeeman Drake
Committeeman Drake said he attended the Transit Village Steering Committee meeting last week and there was discussion about the design workshop that was held in the fall. He said the primary issue was the design of the Route 206 and Amwell Road interchange. Committeeman Drake reported that it was the consensus of the participants that the design of the new interchange be done so as to facilitate the reactivation of the train line. He also said that participants discussed the bridge on Amwell Road and how it would interact with the proposed Bypass.
Committeeman Drake commended the Grants and Shared Services Commission and stressed the importance of the work they do. He said the Township is looking for volunteers to serve on the Commission.
Committeewoman Nisivoccia
Committeewoman Nisivoccia thanked the Municipal Alliance and the Life Skills Committee for their work to make the December 12thlunch for senior citizens a success. She also thanked the Youth Services Commission for their work during the year to ensure the success of the coffee house for teens. Committeewoman Nisivoccia commended the Woman’s Club of Hillsborough and the Parks and Recreation Department for the tree lighting ceremony earlier in the month.
Committeeman Wagner
Committeeman Wagner said that he will reserve comment on the Kanach farm for later in the meeting.
Regarding other open space issues, he said that the Open Space Advisory Committee has developed a priority list for purchases by the Township and this report should be available to the Township Committee at the beginning of 2007.
Mayor Suraci
Mayor Suraci reported that the Township Committee members, the Township Administrator and the Police Chief will be providing input into the Charter Study Commission’s review of our current form of government. He said that the first phase of the Charter Study will be for Commission members to review the current form of government. Mayor Suraci said that state law requires the Commission to study the current form and other forms of government to determine whether other forms of government would strengthen local government or make it more responsive, accountable or efficient. He thanked the members of the Township Committee for volunteering their time to provide information during this historic event.
NEW BUSINESS
None at this time.
PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA
PUBLIC HEARINGS
Ordinance 2006-48 An Ordinance authorizing the execution of lease agreements with New Cingular Wireless PCS, LLC, for ground space and the construction of a telecommunications tower, Omnipoint Communications, Inc. and Sprint Spectrum LP, for ground space on a portion of Lot 1.02 in Block 149.01 on the Hillsborough Tax Map.
Committeeman Wagner moved to open the public hearing on Ordinance 2006-48. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.
Mayor Suraci explained that this Ordinance authorizes the lease agreements between the Township and three wireless phone companies for the cell tower at the municipal building. The leases were publicly bid and Cingular Wireless was the highest bidder at $36,000 annually, Sprint at $19,260 annually and Omnipoint at $18,000 per year.
The new cell tower will result in over $70,000 annually in additional revenue but will also enhance public safety by permitting the Police and Fire antennas to have a greater reach in the Township.
Vincent DeMasi, Jr. spoke about his negotiations with Cingular Wireless for a cell tower on his property.
Committeeman Wagner moved to close the public hearing on Ordinance 2006-48. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll.
Committeeman Wagner moved to adopt Ordinance 2006-48. Said motion was seconded by Committeeman Drake and carried unanimously upon the call of the roll.
Ordinance 2006-49An Ordinance appropriating Capital Fund Balance held by the Township of Hillsborough, County of Somerset, State of New Jersey, for the Preliminary Costs for the Study of Sewer Line Extensions and Sewer Line Extension special assessments.
Committeeman Wagner moved to open the public hearing on Ordinance 2006-49. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.
Mayor Suraci said that this Ordinance appropriates $50,000 in capital surplus funds to pay for the preliminary costs for a sewer project in the area of Riverview Terrace and Hiland Drive. These funds will be recovered through a special assessment on the property owners in the area. He further explained that this is the first of several areas in the Township that will be getting sewer extensions through a special assessment process, and the property owners affected will repay the Township for all costs related to the construction and financing of the sewer extensions.
Committeeman Wagner moved to close the public hearing on Ordinance 2006-49. Said motion was seconded by Committeeman Drake and carried unanimously upon call of the roll.
Committeeman Drake moved to adopt Ordinance 2006-49. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.
Ordinance 2006-50An Ordinance amending Chapter 169 of the Code of the Township of Hillsborough, Titled “Fire Zones”, Section 5, Titled “Fire ZonesDesignated.”
Committeeman Wagner moved to open the public hearing on Ordinance 2006-50. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.
Mayor Suraci stated that this Ordinance established several additional fire zones in the Township and was recommended by the Fire Commission.
Committeeman Wagner moved to close the public hearing on Ordinance 2006-50. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon call of the roll.
Committeeman Wagner moved to adopt Ordinance 2006-50. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.
Ordinance 2006-51An ordinance amending Chapter 188 (Development Regulations) of the Code of The Township of Hillsborough to establish a separate revised Affordable Housing Growth Share Requirement for residential and non-residential development.
Committeewoman Nisivoccia moved to open the public hearing on Ordinance 2006-51. Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll.
Mayor Suraci said that with Ordinances 2006-51 and 2006-52, the Township is making court-recommended amendments to the growth share Ordinance approved earlier in 2006. These Ordinances make developers responsible for any affordable housing obligations brought about by their developments.
Mayor Suraci explained that in residential zones developers either have to build the number of affordable housing units created by their development or make a payment to the Township in the amount calculated as necessary to build the number of affordable housing units in their obligation. With the court-recommended changes proposed, Hillsborough’s Ordinances should pass any legal challenge.
Committeeman Wagner moved to close the public hearing on Ordinance 2006-51. Said motion was seconded by CommitteewomanNisivoccia and carried unanimously upon call of the roll.
Committeeman Wagner moved to adopt Ordinance 2006-51. Said motion was seconded by Committeewoman Nisivoccia and carried unanimously upon the call of the roll.
Ordinance 2006-52An ordinance amending Chapter 188 (Development Regulations) of the Code of the Township of Hillsborough to revise the Affordable Housing
Development Fee Requirements.
Committeewoman Nisivoccia moved to open the public hearing on Ordinance 2006-52. Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll.
Committeewoman Nisivoccia moved to close the public hearing on Ordinance 2006-52. Said motion was seconded by Committeeman Drake and carried unanimously upon call of the roll.
Committeewoman Nisivoccia moved to adopt Ordinance 2006-52. Said motion was seconded by Committeeman Wagner and carried unanimously upon the call of the roll.
CONSIDERATIONS
Deputy Mayor Ferrera offered the following resolutions:
- Resolution recommending that the Board of Chosen Freeholders of the County of Somerset accept the bid for the property commonly known as the Kanach property.
WHEREAS, the Township of Hillsborough participated with the County of Somerset in the acquisition of that property designated as Lots 7 and 9 in Block 164 (“Kanach Property”); and
WHEREAS, the Kanach Property is subject to a Deed of Easement requiring that the Kanach Property be retained for agricultural use and production in compliance with N.J.S.A. 4:1C-11 etseq. (“Deed of Easement”); and
WHEREAS, the County acquired Kanach Property in fee; and
WHEREAS, the Township and the County believe that the Kanach Property should be sold at auction subject to the Deed of Easement; and
WHEREAS, on December 8, 2006, an auction was held for the Kanach Property; and
WHEREAS, the auction yielded a high bid price of $3,700,000.00; and
WHEREAS, the auction price exceeded the pre-auction estimates for the Kanach Property; and
WHEREAS, it is the desire of the Township Committee of the Township of Hillsborough to recommend to the County of Somerset that it accept a purchase price $3,700,000.00 and that the Township be reimbursed for its proportionate contribution to the original purchase price.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey, as follows:
- That the Township Committee of the Township of Hillsborough hereby recommends to the Board of Chosen Freeholders of the County of Somerset that it accept the bid price of $3,700,000.00.
- That the County of Somerset reimburse the Township of Hillsborough for its proportionate contribution to the acquisition of this property.
- This Resolution shall take effect immediately.
Mayor Suraci said that with this resolution the Township Committee is recommending that the Freeholders accept the bid received at the auction for the Kanach property, which is jointly owned by the Township and SomersetCounty. The Township will receive 20% of the net $3.7 million bid price which is above the appraised value. The property is preserved from development and the Township has been advised that the winning bidder is a horse breeder who plans to operate the property as a horse farm.
The Mayor said that these funds will be added to the Open Space Trust Fund to make future land preservation purchases and congratulated the Somerset County Freeholders and County Counsel Tom Miller for successfully managing this sale.
Committeeman Wagner said that the auction for this property was held on December 8th and he reiterated that the Township will receive 20% of the proceeds, approximately $740,000, which will be returned to the Open Space Trust Fund.
Upon motion byCommitteeman Wagner,seconded by Committeeman Drake, the aforesaid resolution was unanimously approved upon call of the roll.
- Resolution ratifying and confirming the action of the Township Administrator/Clerk and Chief Financial Officer to roll over bond anticipation notes in the amount of $4,477,879.
WHEREAS, Bond Anticipation Notes originally issued on December 16, 2002 for the Library construction and various other capital projects needs to be rolled over annually. Said Notes were last rolled over on December 16, 2005; and
WHEREAS, NJSA: 40A:2-8 requires that principal pay downs be made commencing on the third anniversary date of the original issue with complete payoff no later than the tenth anniversary date, and
WHEREAS, funds were appropriated in the 2006 budget to pay down $147,000 of the original note issue; and
WHEREAS, the Township has previously authorized the issuance of Bonds or Notes in Ordinance 98-30 for the Sunnymead landfill closure that have not previously been borrowed for $170,000; and
WHEREAS, the total amount of the note rollover was $4,477,879 and the Township has received a 4% interest rate from Sovereign Securities which is lower than last year’s rate of 4.375%;
NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Hillsborough, County of Somerset, State of New Jersey that the action of the Township Administrator/Clerk and the Chief Financial Officer hereby confirms the roll over of the Bond Anticipation Note in the amount of $4,477,879 at a interest rate of 4% to the low bidder Sovereign Securities.
Mayor Suraci stated that this is a bond anticipation note which provided cash for the Library construction and other capital projects such as the lights at DochertyPark and that it originated in 2002. The Township is gaining some savings because the interest rate on the note is 4% this year and was 4.35% in 2005.