salute to the flag proclamations / presentations ...jun 28, 2011 · petitions or communications...

Meeting Minutes June 28, 2011

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 Frank DelCore, Committeeman Ferrera, Committeeman Robert Wagner, Deputy

Mayor Carl Suraci, and Mayor Gloria McCauley. Also, in attendance were Township Attorney

Albert E. Cruz, Township Administrator / Acting Clerk Mike Merdinger and Assistant to the

Administrator Dianne Borngesser.

SALUTE TO THE FLAG

Following roll call, Mayor McCauley advised that notice of this meeting was made in

accordance with Section 5 of the Open Public Meetings Act, Chapter 231, Public Law 1975, by

posting on the bulletin board at the Hillsborough Township Municipal Complex and notifying the

officially designated newspapers that this meeting would take place at the Hillsborough Township

Municipal Complex at 7:30 p.m. on June 28, 2011.

PROCLAMATIONS / PRESENTATIONS / APPOINTMENTS

Proclamation honoring Eagle Scout – Daniel Ponsini

Mayor McCauley congratulated Daniel on this extraordinary achievement and stated he is

joining a very distinguished group of individuals.

Mayor McCauley said the Township Committee is proud that he has accomplished the

highest rank achievable within the Boy Scout organization.

WHEREAS, Daniel Ponsini, a Hillsborough High School freshman, 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

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

to achieve this highly coveted position; and

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

bestowed upon him; and

WHEREAS, Daniel’s Eagle Scout Leadership Project entailed building shelves at Hillsborough High School

to display trophies in four areas of the school; and

WHEREAS, Daniel’s shelving project will showcase various trophies in the Trainer’s room, Coaches’ offices,

the Athletic Director’s office and in the Secretaries’ areas for years to come; and

WHEREAS, Daniel Ponsini serves as an example to youth through his high level of personal and academic

achievement, leadership, and community service, and we are very proud that Daniel 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 Daniel Ponsini 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 Kristen Hayden – National Diving Title at the 2011 YMCA

National Diving Championships

Mayor McCauley said next we will honor Kristen Hayden, who recently won a diving

championship.


WHEREAS, Kristen Hayden, Hillsborough resident and seventh-grader, won a national diving title at the

2011 YMCA National Diving Championships, held on April 15 -17, at the Fort Lauderdale, FL Aquatic

Complex; and

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

Kristen has devoted to improving her athletic skills, including competitive gymnastics, swimming, and dance

throughout her youth and making sacrifices in order to achieve this highly acclaimed honor; and

WHEREAS, Kristen qualified for the 2011 YMCA National Diving Championships by earning the required

standard at the USA Diving Spring Regional Championships in March; and

WHEREAS, in the Preliminaries at the 2011 YMCA National Diving Championships, Kristen had to

perform 4 Voluntary dives from different groups (forward, back, reverse, inward, twist) with a total DD of

not more than 7.6, which was followed by 3 optional dives from different groups; and

WHEREAS, Kristen captured the national three-meter springboard title by placing first in the event with a

score of 277.95; and

WHEREAS, Kristen’s win prequalifies her to compete, in August, at the 2011 National Junior Olympic

Diving Championships in Knoxville, TN.

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

Committee, do hereby recognize and extend our sincere congratulations to Kristen for having achieved the 12

– 13 year old girls’ YMCA National three–meter springboard title, an honor for both her and for those who

have guided her, with best wishes for a bright future.

Mayor McCauley said congratulations to our proclamation recipients this evening, we are

very proud of all of you and wish you the best of luck in all of your future endeavors.

APPROVAL OF MINUTES

Approval of the June 14, 2011 Regular Session Meeting Minutes

Upon motion by Committeeman Ferrera, seconded by Committeeman Wagner, the minutes of the

June 14, 2011, Regular Session Meeting were approved upon the call of the roll.

Yes – DelCore, Ferrera, Wagner, McCauley

Abstain - Suraci

REPORTS FROM COMMITTEE LIAISONS, AND RECEIPT OR REPORTS,

PETITIONS OR COMMUNICATIONS

Committeeman DelCore

Committeeman DelCore stated that last week was the EBDC Social and he thanked the

Management of Maestro 206 and all of the businesses in attendance.

Committeeman DelCore said they receive a lot of positive feedback from the business

community on these events.

Committeeman DelCore said the Sustainable Hillsborough Steering Committee is working

on a number of green initiatives.

Committeeman DelCore stated that the Rotary Fair is looking into the possibility of having a

“green ride” for the fair.

Committeeman DelCore said there are plans for a regional “Green Conference” and more

details will be forthcoming.


Committeeman Ferrera

Committeeman Ferrera said the Hillsborough Music and Arts Festival is set for Sunday, July

17 from 2-8pm at Triangle Center and more information will be on the Township website.

Committeeman Wagner

Nothing at this time.

Deputy Mayor Suraci

Nothing at this time.

Mayor McCauley

Mayor McCauley stated she also attended the recent EBDC Social at Maestro 206 and she

thanked the EBDC Chairman Shawn Lipani, the members of the EBDC Commission and Business

Advocate Gene Strupinski for yet another successful event.

Mayor McCauley provided an update on her first pitch at the Somerset Patriots Game, on

June 15th.

Mayor McCauley said while there supporting Communities In Motion, as part of the

Mayors Wellness Campaign, her pitch successfully crossed home plate.

Mayor McCauley thanked everyone in attendance that evening and also Margo Myer,

Minda Maggio and Pam Borek, for running the Mayors Wellness Campaign table and supporting

the event.

Mayor McCauley also sent a special thank you to the Hillsborough Elementary School

students who sang that evening and cheered me on.

Mayor McCauley reminded everyone about the Fireworks set for Sunday, July 3rd, with a

rain date of July 8th.

Mayor McCauley said this year’s event will include fireworks only and is generously being

sponsored by Assemblyman Peter J. Biondi and TD Bank.

Mayor Shuttle buses to the Auten Road site from the middle school and high school will be

available starting at approximately 8pm.

Mayor McCauley wished everyone a very happy, fun, and safe Fourth of July!

NEW BUSINESS

None at this time

PUBLIC COMMENT ON NEW BUSINESS AND MATTERS NOT ON THE AGENDA

Mr. David Brook, Hillsborough resident, approached the dais and stated his concern over

his recent quarterly tax bill.

Mr. Brook questioned which areas had increases and which areas had decreases.

PUBLIC HEARINGS

2011-13 An Ordinance of the Township of Hillsborough, in the County of Somerset, New

Jersey, providing for various capital improvements and related expenses in and for

the Township of Hillsborough and appropriating $2,153,000 therefore (including and

energy efficiency & conservation block grant in the amount of $153,000 received


from the Federal Government) and providing for the issuance of $1,900,000 in bonds

or notes of the Township of Hillsborough to finance the same.

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

Hillsborough, County of Somerset, State of New Jersey, (not less than two-thirds of all members

thereof affirmatively concurring), as follows:

Section 1. The several improvements or purposes described in Section 3 of this bond

ordinance are hereby authorized to be undertaken by the Township of Hillsborough, in the County

of Somerset, New Jersey (the "Township") as general improvements. For the several improvements

or purposes described in Section 3 hereof, there are hereby appropriated the respective sums of

money therein stated as the appropriations made for each improvement or purpose, such sums

amounting in the aggregate to $2,153,000 (including an energy efficiency & conservation block

grant in the amount of $153,000 received from the Federal government) and including $100,000 as

the several down payments required by the Local Bond Law. The down payments have been made

available by virtue of provision for down payment or for capital improvement purposes in one or

more previously adopted budgets.

Section 2. In order to finance the cost of the several improvements or purposes not

covered by application of the down payment or otherwise provided for hereunder, negotiable

bonds or notes are hereby authorized to be issued in the principal amount of $1,900,000 pursuant to

the Local Bond Law. In anticipation of the issuance of the bonds or notes, negotiable bond

anticipation notes are hereby authorized to be issued pursuant to and within the limitations

prescribed by the Local Bond Law.

Section 3. (a) The several improvements hereby authorized and the several

purposes for which the bonds or notes are to be issued, the estimated cost of each improvement and

the appropriation therefore, the maximum amount of bonds or notes to be issued for each

improvement and the period of usefulness of each improvement are as follows:

(1)Purpose: Acquisition of various lighting equipment for the Township

Municipal Complex building and Township Department of Public Works;

replacement of 34 rooftop HVAC units at the Township Municipal Complex

building and the upgrading of the existing stand alone thermostatic controls

of the rooftop units and other equipment, and including all work and

materials necessary therefor or incidental thereto.

Appropriation and Estimated Cost: $1,709,233

Maximum Amount of Bonds or Notes: $1,623,771

Period or Average Period of Usefulness: 10 years

Amount of Down Payment: $ 85,462

(2)Purpose:Various improvements to and replacement of certain sections of

the Township Municipal Complex building roof, and including all work and

materials necessary therefor or incidental thereto.

Appropriation and Estimated Cost: $290,767

Maximum Amount of Bonds or Notes: $276,229

Period or Average Period of Usefulness 20 years

Amount of Down Payment: $ 14,538

(b) The estimated maximum amount of bonds or notes to be issued for the several

improvements or purposes is as stated in Section 2 hereof.

(c) The estimated cost of the several improvements or purposes is equal to the amount

of the appropriation herein made therefore.

Section 4. All bond anticipation notes issued hereunder shall mature at such times as

may be determined by the chief financial officer; provided that no note shall mature later than one

year from its date. The notes shall bear interest at such rate or rates and be in such form as may be


determined by the chief financial officer. The chief financial officer shall determine all matters in

connection with notes issued pursuant to this bond ordinance, and the chief financial officer's

signature upon the notes shall be conclusive evidence as to all such determinations. All notes

issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8.1.

The chief financial officer is hereby authorized to sell part or all of the notes from time to time, at

not less than par and accrued interest, at public or private sale and to deliver them to the

purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their

dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the

governing body at the meeting next succeeding the date when any sale or delivery of the notes

pursuant to this bond ordinance is made. Such report must include the amount, the description,

the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the

purchaser.

Section 5. The capital budget or temporary capital budget (as applicable) of the

Township is hereby amended to conform with the provisions of this bond ordinance to the extent of

any inconsistency herewith. In the event of any such inconsistency and amendment, the resolution

in the form promulgated by the Local Finance Board showing full detail of the amended capital

budget or amended temporary capital budget (as applicable) and capital program as approved by

the Director of the Division of Local Government Services is on file with the Township Clerk and is

available there for public inspection.

Section 6. The following additional matters are hereby determined, declared, recited

and stated:

(a) The several improvements or purposes described in Section 3 of this

bond ordinance are not current expenses. They are improvements or purposes the Township may

lawfully undertake as a general improvement, and no part of the costs thereof have been or shall be

specially assessed on property specially benefitted thereby.

(b) The average period of usefulness of the several improvements or

purposes, computed on the basis of the respective amounts or obligations authorized for each

improvement or purpose and the reasonable life thereof within the limitations of the Local Bond

Law, is 11.45384 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has

been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof

has been filed in the office of the Director of the Division of Local Government Services in the

Department of Community Affairs of the State of New Jersey. Such statement shows that the gross

debt of the Township as defined in the Local Bond Law is increased by the authorization of the

bonds and notes provided in this bond ordinance by $1,900,000, and the obligations authorized

herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $250,000 for items of expense listed

in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the

several improvements or purposes.

(e) The Township reasonably expects to commence the acquisition and/or

construction of the several improvements or purposes described in Section 3 hereof, and to advance

all or a portion of the costs in respect thereof, prior to the issuance of bonds or notes hereunder. To

the extent such costs are advanced, the Township further reasonably expects to reimburse such

expenditures from the proceeds of the bonds or notes authorized by this bond ordinance, in an

aggregate amount not to exceed the amount of bonds or notes authorized in Section 2 hereof.

Section 7. Any grant moneys received for the purposes described in Section 3

hereof (other than the energy efficiency & conservation block grant in the amount of $153,000

received from the Federal government) shall be applied either to direct payment of the cost of the

improvements or to payment of the obligations issued pursuant to this bond ordinance. The

amount of obligations authorized hereunder shall be reduced to the extent that such funds are so

used.

Section 8. The full faith and credit of the Township is hereby pledged to the

punctual payment of the principal of and the interest on the obligations authorized by this bond

ordinance. The obligations shall be direct, unlimited obligations of the Township, and the

Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the


Township for the payment of the obligations and the interest thereon without limitation of rate or

amount.

Section 9. The Township hereby covenants to take any action necessary or refrain

from taking such action in order to preserve the tax-exempt status of the bonds and notes

authorized hereunder as is or may be required under the Internal Revenue Code of 1986, as

amended, and the regulations promulgated thereunder (the "Code"), including compliance with the

Code with regard to the use, expenditure, investment, timely reporting and rebate of investment

earnings as may be required there under.

Section 10. To the extent that any previous ordinance or resolution is inconsistent

herewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended to the

extent necessary to make it consistent herewith.

Section 11. This bond ordinance shall take effect 20 days after the first publication

thereof after final adoption, as provided by the Local Bond Law.

Deputy Mayor Suraci moved to open the public hearing on Ordinance 2011-13. Said motion

was seconded by Committeeman DelCore and carried unanimously upon call of the roll.

Mayor McCauley stated Ordinance 2011-13 authorizes the Chief Finance Officer to borrow

the funds necessary to replace the roof and HVAC system on the municipal building.

Mayor McCauley said the roof is in disrepair and continues to leak through the drop

ceilings with every rain storm. This damages the ceiling tiles, furniture and carpeting throughout

the building.

Mayor McCauley said the aging HVAC system is also failing and it is no longer prudent to

continue to spend money on repairs to a system that is in need of replacement.

Mayor McCauley reported the total amount required for this project is $2,153,000 and the

Township received an Energy Efficiency and Conservation Block Grant in the amount of $153,000

in 2010 and the required $100,000 down payment will be funded from the 2011 Capital Ordinance.

Mayor McCauley said the balance needed will be borrowed through bond anticipation notes

if necessary and the interest rate on the most recent notes issued was 1.1871%.

Mayor McCauley said introducing this ordinance is a necessary step in allowing the

Township to move forward with the new roof and HVAC project to ensure that funds will be

available if needed.

Deputy Mayor Suraci moved to close the public hearing on Ordinance 2011-13. Said motion

was seconded by Committeeman Wagner and carried unanimously upon call of the roll.

Committeeman DelCore Suraci moved to adopt Ordinance 2011-13. Said motion was

seconded by Committeeman Ferrera and carried unanimously upon call of the roll.

INTRODUCTION OF NEW ORDINANCES

None at this time

CONSIDERATIONS

Mayor McCauley offered the following resolutions:

1. Resolution adopting the Siemens Industry, Inc., Energy Savings Improvement Plan and

Investment Grade Audit and authorizing the Mayor and Acting Clerk to sign a Performance

Contracting Agreement, Power Purchase Agreement and Site Lease.


WHEREAS, the Township of Hillsborough seeks to improve its energy efficiency by

replacing the Heating, Ventilating and Air Conditioning (HVAC) System on the Municipal Building

and to improve the supporting or operating systems serviced by the HVAC on the Municipal

Building and the HVAC on the Library; and

WHEREAS, the Township, pursuant to N.J.S.A. 40A:11-4.1, utilized the Competitive

Contracting Process to select a contractor to perform the work pursuant to N.J.S.A. 40A:11-4.6; and

WHEREAS, the Township, in accordance with 40A:11-4.6 d.(1) utilized the County of

Somerset’s contractor, Clough Harbour & Associates (CHA), to prepare the energy audit

component of the energy savings improvement program; and

WHEREAS, utilizing the Competitive Contracting Process, the Township selected Siemens

Industry, Inc., to prepare an Investment Grade Audit and an Energy Savings Improvement Plan

based upon the CHA energy audit; and

WHEREAS, the Plan includes Facility Improvement Measures and the installation of a solar

photovoltaic system; and

WHEREAS, the projected energy savings to be realized from the proposed program have

been calculated as required by 40A:11-4.6e; and

WHEREAS, the Township desires to adopt the Siemens Industry, Inc., Investment Grade

Audit and Energy Savings Improvement Plan, and to enter into a Performance Contracting

Agreement for the installation of the Facility Improvement Measures, a Power Purchase Agreement

for, among other things, the installation of the solar photovoltaic system and a Site Lease, among

other things, granting permission to Siemens to install the solar panels and access to the Municipal

Building and Library roofs; and

WHEREAS, Siemens proposes to install the Facility Improvement Measures for a price of $

1,667,491.00; and

WHEREAS, Siemens proposes to install the solar photovoltaic system at no installation cost

provided that the electricity generated by the solar photovoltaic system be sold by Siemens to the

Township at rates set forth in the Power Purchase Agreement; and

WHEREAS, the roof will be replaced through the Township’s bidding process and assisted

by Siemens; and

WHEREAS, Siemens has offered and the Township has elected to include that the

Performance Contracting Agreement will provide a Performance Guaranty ensuring sufficient

energy savings to pay for the costs of the Facility Improvement Measures and the roof; and

WHEREAS, in the event that the projected energy savings do not occur, Siemens will

reimburse the Township the shortfall in those savings through the Performance Guaranty; and

WHEREAS, the Township believes that it is in the best interests of the Township and its

residents to adopt the Siemens Investment Grade Audit and Energy Savings Improvement Plan to

enter into the Performance Contracting Agreement, Power Purchase Agreement and Site Lease; and

WHEREAS, the Chief Financial Officer has certified that the funds are available to proceed

with these agreements.

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 Township of Hillsborough hereby adopts Siemens Industry, Inc.’s, Investment Grade

Audit and Energy Savings Improvement Plan.


2. The Township of Hillsborough hereby awards Siemens Industry, Inc., a Performance

Contracting Agreement for the installation of the Facility Improvement Measures in the

fixed sum of $1,667,491.00 pursuant to N.J.S.A. 40A:11-4.6.

3. The Township of Hillsborough hereby awards Siemens Industry, Inc., a Power Purchase

Agreement to install the solar photovoltaic system whereby Siemens will sell to the

Township all of the electricity generated by the solar photovoltaic system at the rate set

forth in the Power Purchase Agreement for a term of twenty (20) years pursuant to N.J.S.A.

40A:11-15(c)(44).

4. The Township of Hillsborough hereby authorizes that the Township enter into a Site Lease

with Siemens Industry, Inc., granting permission to install the solar panels on the Municipal

Building and Library roofs, and granting access to the roof for a term of twenty (20) years in

order to provide electricity to the Township pursuant to N.J.S.A. 40A:11-15(44).

5. The Township Committee of the Township of Hillsborough hereby authorizes the Mayor

and Administrator/Acting Clerk to sign the Performance Contracting Agreement, Power

Purchase Agreement and Site Lease in a form acceptable to the Township

Administrator/Acting Clerk and Attorney.

6. This Resolution shall take effect immediately.

Mayor McCauley said the roof and HVAC system are in desperate need of replacement.

Mayor McCauley said Hillsborough Township, by implementing these energy conservation

measures, will be saving a minimum of $1.2 million in energy costs while getting a new roof, 34

HVAC units, a central control system, lighting upgrades and solar derived power.

Mayor McCauley said by authorizing this resolution, we are moving one step closer to

improving energy efficiency and implementing technologies that will provide future cost savings.

Mayor McCauley said the cost savings outlined by Siemens are a guaranteed amount.

Mayor McCauley continued to state, if in any year of the contract, the amount of savings

falls short, Siemens will write the Township a check for the difference and any solar energy

produced beyond the Township’s usage is also a bonus to the Township.

Mayor McCauley said bottom line, this is a win for the Township and a win for the

environment.

Mayor McCauley said Ted Huesing from Siemens is here this evening to discuss this matter

in more detail but before I invite him up, I would like to move on this resolution and the next one,

as they both pertain to the Siemens project.

The above said resolution was motioned by Committeeman Wagner, seconded by

Committeeman Ferrera then the next resolution was presented.

2. Resolution accepting Siemens Industry, Inc.’s offer of an energy savings services contract.

WHEREAS, the Township of Hillsborough, under separate Resolution adopted on June 28,

2011, adopted the Siemens Industry, Inc., Energy Savings Improvement Plan and Investment Grade

Audit, and awarded Siemens a Performance Contracting Agreement, Power Purchase Agreement

and Site Lease; and

WHEREAS, Siemens offered the Township an energy savings guarantee as part of the

Performance Contracting Agreement; and


WHEREAS, the Township believes that it is in the best interests of the Township to accept

Siemens’ offer of an energy savings guarantee as part of the overall award to Siemens of the

Performance Contracting Agreement.


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

1. The Township of Hillsborough specifically accepts Siemens Industry, Inc.’s offer of an

energy savings Performance Guaranty as part of the award of the Performance

Contracting Agreement pursuant to N.J.S.A.40A:11-4.6f.(1).


Mayor McCauley said Siemens is offering Hillsborough Township a guarantee of energy

savings as part of the Performance Contracting Agreement and this savings guarantee is $1,276,453

over 15 years, and is based upon the aggregate performance of all of the energy conservation

measures contained in this project.

Mayor McCauley said the acceptance of this guarantee requires a separate vote of the

Hillsborough Township Committee.

The above said resolution was motioned by Deputy Mayor Suraci and seconded by

Committeeman DelCore.

Mayor McCauley then invited Mr. Ted Huesing from Siemens to make his presentation.

Mr. Huesing, of Siemens Corporation, provided a presentation reviewing what has been

discussed, the issues facing the Township and the next steps of this project.

Mr. Huesing reviewed the key external drivers impacting the market and how this project

addresses them.

Mr. Huesing responded to questions of the Committeemen Ferrera and DelCore in terms of

timing, rebates and ownership.

Mayor McCauley thanked Mr. Huesing and the Siemens staff, Mr. Cruz and Mr. Merdinger

for all of their hard work on this project thus far.

Both Consideration #1 and Consideration #2 were unanimously approved upon the call of

roll.

3. Resolution to renew Township Liquor Licenses for the 2011-2012 license term.

WHEREAS, the Hillsborough Township Police Department has conducted a thorough

investigation of each retail licensee and club licensee to insure that criminally disqualified and other

unfit persons do not acquire or hold direct interests in the retail alcoholic beverage industry; and

WHEREAS, the Acting Township Clerk has certified that each licensee has posted the

required municipal fee of $2,500 for a Plenary License and $188 for the Club License together with

the State fee of $200; and

WHEREAS, the Acting Township Clerk has further certified that each license holder has

submitted the appropriate and complete renewal application, and each has been granted a New

Jersey State Tax Clearance Certificate as required by law; and


WHEREAS, as a result of the aforementioned investigations, a report by the Hillsborough

Police Department has been submitted confirming that the applicants are not subject to any of the

disabilities set forth in Title 33 New Jersey Statutes; and


Hillsborough that Plenary Retail Consumption Licenses are hereby renewed to the following

license holders for the year 2011-2012 effective July 1, 2011:

Name License Number

Shree Maha Phrabhuji, Inc. #1810-32-002-006

390 Route 206 South

Hillsborough, NJ 08844

t/a Spirit World

Apple Food Services of Hillsborough, LLC #1810-33-005-004

315 Route 206, Unit 300


t/a Applebee’s Neighborhood Grill & Bar

Charlie Brown’s of Hillsborough Inc. #1810-33-007-008

381 Route 206 South


t/a Charlie Brown’s Steakhouse

Hillsborough Hospitality Inc. #1810-33-008-008

284 Route 206, South


t/a Old Man Rafferty’s Restaurant

Hillsborough Golf Club Inc. #1810-33-009-007

146 Wertsville Road


t/a Hillsborough Golf Club

Woods Tavern, LLC #1810-32-010-004

419 Amwell Road


t/a Petrock’s Bar & Grille.

Hillsborough Bottle King Inc. #1810-44-014-001

626 Route 206


t/a Bottle King Discount Wines and Liquors

Prime American Inns, Inc. #1810-36-016-002

118 Route 206 South


t/a Manhattan Drive Bar & Restaurant (Days Inn)

Royce Brook Beverage, LLC #1810-33-001-004

201 Hamilton Road


t/a Royce Brook Golf Club

Polish Falcons Camp, Inc. #1810-32-011-003

140 Falcon Road

P.O. Box 5956



t/a Polish Falcons

Pragaiti Spirits, LLC #1810-33-006-005

150 Route 206, South


t/a The Maestro 206

DH Hillsborough, LLC #1810-33-015-001

374 Route 22, West

P.O. Box 489

Whitehouse, NJ 08888

Hillsborough Convenience Inc. #1810-44-004-005

340 South Branch Road


t/a Country Corner Liquor/Deli

C & J Operating, LLC #1810-32-003-009

311 Amwell Road


t/a Pheasants Landing Restaurant

419 Amwell Road, LLC #1810-44-013-005

419 Amwell Road


t/a Petrock’s Liquors

NEC Liquors, LLC #1810-44-017-001

601 US Highway 206


t/a NEC Liquors

Now, Be It Further Resolved, that the liquor license for Manville-Hillsborough BPOE Lodge

2119 will not be renewed at this time due to the non issuance of the Renewal Clearance Certificate

from the State of New Jersey, Department of the Treasury, Division of Taxation.

Mayor McCauley said the State requires the Township to renew Liquor Licenses annually.

Mayor McCauley stated all of the holders of Township liquor licenses listed in the

resolution have paid the requisite fees, have been reviewed by the Police Department, and have

filed all the appropriate documentation to have their licenses renewed.

Upon motion by Deputy Mayor Suraci seconded by Committeeman Ferrera, the aforesaid

resolution was unanimously approved upon call of the roll.

4. Resolution authorizing Change Order No. 2 for the Claremont Sanitary Sewer Extension.

WHEREAS, P&A Construction, Inc. has been awarded a contract for the Claremont Sewer

Project at a cost of $3,077,538.90 pursuant to bids received January 10, 2010; and

WHEREAS, it has been determined by the Township’s project Engineer that due to

unanticipated issues and other additional work, that change order items in the amount of

$431,573.44 are necessary for the efficient and safe completion of the sanitary sewer project; and


WHEREAS, the additional work included in this change order is as follows:

DESCRIPTION P&A EW No. APPROVED AMOUNT

Repair four (4”) storm drain EW 3 $1,596.79

Deeper Lateral Installations for 33 properties EW 6 $87,924.16

Crossing 48” storm pipe EW 9 $3,909.46

Core Manhole for lateral connection EW 19 $1,424.00 Hamilton Road Storm Crossing (storm drain conflict w/laterals) EW 25 $1,953.92

Storm drain conflicts for six (6) properties EW 27 $2,000.00

Replace Storm Sewer on Sunnyside EW 30 $7,797.44 Retaining Wall at Pump Station Gas Conflict with Storm Sewer Five (5’) foot Diameter MH w/liner over sixteen (16’) feet deep

EW 31 EW 33 EW 34

$30,175.26 $2,223.45 $12,000.00

Stripes on Millstone River Road Railroad Test Pit

EW 35 EW 37

$1,119.02 $4,800.00

Craig Drive Storm Sewer Repair EW 38 $2,407.13

Electrical Hand Hole at Pump Station EW 39 $3,375.54

Rail Road Insurance EW 40 $1,000.00

Fill in pot holes 2/18/11 EW 45 $0.00

Shroud in Pump Station EW 47 $3,000.00

Changes to Generator Exhaust EW 48 $0.00

Payment for two (2) manholes that will not be used EW 50 $6,797.00

Eight (8’) foot fence at Pump Station EW 51 $2,634.38

TOTAL $176,137.55

WHEREAS, the adjustments to quantities for pipe, manholes and pavement is as follows:

ITEM DESCRIPTION COST ADJUSTMENT

3 TRAFFIC PROTECTION & DIRECTION

b. Uniform Police Officers $33,921.30

5 SANITARY GRAVITY SEWERS

a. 8”PVC Pipe (0’-8’ DEEP) ($83,232.50)

b. 8” PVC Pipe (8’-12” DEEP) $69,420.00

c. 8” PVC Pipe (12’-16’ DEEP) $39,120.00

d. 8” PVC Pipe (16’-20’ DEEP) ($12,060.00

e. 8” PVC Pipe (20’-24’ DEEP) ($450.00)

f. 8” PVC Pipe (OVER 24” DEEP) ($0.80)

g. 8” DIP (0”-8” DEEP) $5,700.00

h. 8”DIP Pipe (OVER 8’ DEEP) $300.00

10 SANITARY MANHOLES

a. 4’ Diameter Manhole (0’-8’ DEEP) ($27,000.00)

b. 4’ Diameter Manhole (8’-10” DEEP) ($6,000.00)

c. 5’ Diameter Manhole (10’-12’ DEEP) $45,000.00

d. 5’ Diameter Manhole (12’-16’ DEEP) $22,500.00

e. 5’ Diameter Manhole (16’-20’ DEEP) $7,500.00

c. Complete Cleanout Manhole ($97,500.00)

d. Complete Cleanout Manhole With Shut-Off Valve $112,500.00 14 BORROW EXCAVATION NJDOT SOIL AGGREGATE, TYPE I-5 (IF AND WHERE DIRECTED)

($44,236.75)

a. Base Course $146,082.64

b. Sub-Base Course $43,872.00

TOTAL $255,435.89


WHEREAS, the additional work and the adjustments to quantities for pipe, manholes and

pavement makes the total cost of this modification $431,573.44; and

WHEREAS, the cost of the Claremont sanitary sewer project is to be paid by special

assessment on the benefiting property owners, not Hillsborough taxpayers; and

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

Officer

said certification is attached to his resolution.

NOW, THEREFORE, BE IT RESOLVED that the Hillsborough Township Committee

hereby authorizes the execution of Change Order #2 in the amount of $431,573.44 to the contract

awarded to P&A Construction, Inc.

Mayor McCauley said the Claremont sewer project engineer, Maser Consulting, has advised

that, because of the significant size of the project, the age of some of the roadways, and potential

field changes, there is the need to adjust the original contract amount due to unforeseen and

unanticipated costs.

Mayor McCauley said this change order brings the total construction cost to $3.7 million,

which is still considerably below the initial engineering estimates.

Mayor McCauley stated we were advised by the project engineer that this change order is

necessary for the efficient and safe completion of the project.

Upon motion by Committeeman Wagner seconded by Deputy Mayor Suraci, the aforesaid


5. Resolution authorizing the acceptance and award of a Contract for Sale of an Access and

Maintenance Easement over a portion of Vroom Drive, a paper street in the Township of

Hillsborough, to John C. Zamkotowicz.

WHEREAS, on April 26, 2011, the Township Committee of the Township of Hillsborough

adopted Ordinance 2011-06 titled “An Ordinance Authorizing the Sale of an Access and

Maintenance Easement over a Portion of Vroom Drive, a Paper Street in the Township of

Hillsborough, by Public Auction as Required by Law”; and

WHEREAS, Notice of the Public Auction was published on June 2 and 9, 2011 in The

Hillsborough Beacon, which Notice set June 16, 2011 at 10:00 A.M. as the date and time for the

Public Auction; and

WHEREAS, both Ordinance 2011-06 and the Notice of Public auction established the

minimum auction price as $7,500.00, with a $1,000.00 deposit; and

WHEREAS, on June 16, 2011 at 10:00 A.M., the Public Auction was called to order, with one

(1) interested party bidding; and

WHEREAS, John C. Zamkotowicz offered the minimum of $7,500.00; and

WHEREAS, there being no other bidders, the auction was closed and a Contract for Sale of

Easement was tendered to Mr. Zamkotowicz; and

WHEREAS, Mr. Zamkotowicz signed the Contract and tendered the $1,000.00 deposit.



Hillsborough that:

1. Pursuant to the authority granted by N.J.S.A. 40A:12-13(a) and Ordinance 2011-06,

the Township Committee of the Township of Hillsborough accepts the offer of John

C. Zamkotowicz and awards the Contract for Sale of Easement to him in the sum of

$7,500.00, with a $1,000.00 deposit.

2. The Township Administrator, Chief Financial Officer and Attorney are hereby

authorized to prepare an Access and Maintenance Easement between the Township

of Hills-borough and Mr. Zamkotowicz.

3. The Township Administrator, Chief Financial Officer and Attorney are hereby

authorized to close on the sale of easement.


Mayor McCauley said as stated previously, the Planning Board recommended that Vroom

Drive be vacated as part of a subdivision approval. However, if Vroom Drive was vacated, the

three new lots would be landlocked.

Mayor McCauley reported that Ordinance 2011-06 corrected this issue by authorizing the

public auction of an access and maintenance easement over the paper street known as Vroom

Drive, at a minimum bid price of $7,500, and requires that the successful bidder construct, maintain

and repair that access.

Mayor McCauley stated the auction was held on June 16th and there was one bid for Vroom

Drive, in the amount of $7500.00 and this resolution authorizes the acceptance of that bid and

execution of the award of the contract.

Upon motion by Committeeman Wagner seconded by Committeeman DelCore, the

aforesaid resolution was unanimously approved upon call of the roll.

6. Resolution awarding a contract to Excellent Building Services Corp. for “Custodial Services

for the period from July 2, 2011 to June 30, 2013.”

WHEREAS, the Director of Public Works has determined that there is a need for the

acquisition of the following services:

“Custodial Services for the period from July 1, 2011 to June 30, 2013”; and

WHEREAS, a notice of advertisement for bids and an Invitation to Bid were prepared and

advertised on June 2, 2011; and

WHEREAS, sealed bids were opened and read on June 16, 2011 at 10:00 AM, which was the

time and place as provided for in the Invitation to Bid entitled “Custodial Services for the period

from July 1, 2011 to June 30, 2013” in accordance with the Local Public Contracts Law; and

WHEREAS, three (3) bids were received from the following vendors:

Vendor Amount

Excellent Building Services Corp. $141,480.00

United Cleaning Contractors Inc. $156,000.00

All Clean Building Services, Inc. $308,500.00


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

lowest responsible bidder for the base bid, exclusive of Special Items; 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 Excellent Building Services Corp.; and

WHEREAS, the Township Attorney has reviewed the proposal and has provided the

Township Committee with his comments with respect to same; and

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

said certification is attached to this resolution.


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

1. An award of contract for “Custodial Services for the period from July 1, 2011 to June 30,

2013” is made to Excellent Building Services Corp. in an amount not to exceed

$141,480.00, plus Special Items #1 at $300.00 per call and #2 at $45.00 per man hour.

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

the Township standard form of contract which shall delineate within it all of the terms

of this Resolution and the right of the Township Administrator/Acting Clerk to

determine if and when the services are needed.

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

Mayor McCauley said the Township sought competitive sealed bids for this service, which

includes the cleaning maintenance of the Municipal Building, and the Public Works’ Offices.

Mayor McCauley said the Township received three bids and is awarding the contract to

Excellent Building Services Corporation.

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


7. Resolution awarding a contract to Durawear Glove & Safety Company, Inc. for “Public

Works Uniforms 2011-2013”.

WHEREAS, the Director of Public Works has determined that there is a need for the

following goods: Public Works Uniforms, which include shirts, trousers, jackets, coveralls/overalls,

vests, hats, rain gear, boots, work gloves; and

WHEREAS, a notice of advertisement for bids and an Invitation to Bid were prepared and

advertised on June 2, 2011; and

WHEREAS, sealed bids were opened and read on June 16, 2011 at 11:00 AM, which was the

time and place as provided for in the Invitation to Bid entitled “Public Works Uniforms 2011-2013”

in accordance with the Local Public Contracts Law; and

WHEREAS, three (3) bids were received from the following vendors:

Vendor Amount

Durawear Glove & Safety Co., Inc. $75,989.50


G&K Services $87,217.70

Unifirst Corporation $90,622.50

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

lowest responsible bidder for the total of categories 1 through 6 of the bid specifications; 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 Durawear Glove & Safety Co., Inc.; and

WHEREAS, the Township Attorney has reviewed the proposal and has provided the

Township Committee with his comments with respect to same; and

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

said certification is attached to this resolution.


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

2. An award of contract for “Public Works Uniforms 2011-2013” is made to Durawear

Glove & Safety Co., Inc. in an amount not to exceed $75,989.50.

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

the Township standard form of contract which shall delineate within it all of the terms

of this Resolution and the right of the Township Administrator/Acting Clerk to

determine if and when the services are needed.

5. A notice of this action shall be printed once in the official Township Newspaper.

Mayor McCauley said the Township sought competitive sealed bids for a provider of

uniforms for the Department of Public Works.

Mayor McCauley said the Township received three bids and is awarding the contract to

Dura-Wear.

Upon motion by Committeeman Wagner, seconded by Deputy Mayor Suraci, the aforesaid


8. Resolution authorizing special item of revenue and appropriation.

WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government

Services may approve the insertion of any special item of revenue in the budget of any County or

Municipality when such item shall have been made by law and the amount thereof was not

determined at the time of the adoption of the budget; and

WHEREAS, said Director may also approve the insertion of any item of appropriation for

equal amount,

WHEREAS, the Township will receive $71,897.66 in additional grants from various sources

for the year 2011 and wishes to amend its 2011 Budget to include these grants.

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

Hillsborough hereby requests the Director of the Division of Local Government Services to approve

the insertion of these items of revenue in the budget of the year 2011 in the amounts listed and

detailed below, which items is now available as a revenues from:


NEW JERSEY ADMINISTRATIVE OFFICE OF THE COURTS

ALCOHOL EDUCATION, REHABILITATION AND ENFORCEMENT FUND

$3,290.02

NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION

DIVISION OF SOLID WASTE

CLEAN COMMUNITIES GRANT

$68,607.64

BE IT FURTHER RESOLVED that a like sum, be, and the same, hereby is appropriated

under the above appropriation titles.

Mayor McCauley said this resolution allows the Chief Financial Officer to add monies

received from various grants, such as the Alcohol Education Grant and Clean Communities Grant,

to the budget.

Mayor McCauley said the receipt of grant monies is always something we appreciate, as it

helps to defray the costs of Township expenditures.

Upon motion by Committeeman DelCore, seconded by Committeeman Wagner, the

aforesaid resolution was unanimously approved upon call of the roll.

CONSENT

Mayor McCauley offered the following Consent Agenda:

1. Resolution ratifying and confirming the action of the Township Administrator/Acting Clerk

to notice a public hearing on Wednesday, July 20, 2011 at 6:00 p.m. at the Hillsborough

Township Municipal Building, at the request of Public Service Electric and Gas Company

(PSE&G), for the purpose of seeking public comment

on the major diversions of parkland final application for the construction of an overhead

electric transmission line as part the Branchburg to Bridgewater overhead electric

transmission project at Block 150, Lot 4.

WHEREAS, Public Service Electric and Gas (PSE&G) has requested that the Township

notice a Public Hearing on Wednesday, July 20, 2011, at 6:00 p.m. at the Hillsborough Township

Municipal Building; and

WHEREAS, a Public Hearing is being held to solicit public comment on the proposed

diversions of parkland final application for the construction of an overhead electric transmission

line at Block 150, Lot 4; and

WHEREAS, during the hearing a formal presentation will be made by representatives of

Public Service Electric and Gas (PSE&G); and

WHEREAS, at the completion of the notice process the Township of Hillsborough will

consider submitting an application to the New Jersey Department of Environmental Protection

Green Acres Program.


Hillsborough, County of Somerset, State of New Jersey that the Township Administrator/Clerk is

hereby authorized to notice a Public Hearing on Wednesday, July 20, 2011, at 6:00 p.m. at the

Hillsborough Township Municipal Building for the purpose of seeking public comment on the

major diversions of parkland final application for the construction of an overhead electric

transmission line as part of the Branchburg to Bridgewater overhead electric transmission project at

Block 150, Lot 4.


2. Resolution establishing a “No Passing Zone” along State Highway Route 206 per a request

from the State of New Jersey Department of Transportation and the Township of

Hillsborough Police Department.

WHEREAS, upon investigation by the New Jersey Department of Transportation’s Bureau

of Traffic Engineering and Investigations, it has been recommended to revise the centerline

pavement markings to “No Passing Zone” along Route US 206 through the entire length of

Hillsborough Township; and

WHEREAS, the Hillsborough Township Police Chief has reviewed this issue and has

approved said request.

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

Township of Hillsborough, County of Somerset, State of New Jersey supports the recommendation

of the Bureau of Traffic Engineering and Investigations to establish a “No Passing Zone” along the

entire length of Route 206 in Hillsborough Township.

3. Resolution authorizing the posting and/or advertising for the position of Deputy Court

Administrator in the Municipal Court office.

WHEREAS, there exists a vacancy in the Hillsborough Township Municipal Court

office for the position of Deputy Court Administrator in the Municipal Court office; and

WHEREAS, the Court Administrator recommends the posting and/or advertising

for the position of Deputy Court Administrator.


Hillsborough, County of Somerset, State of New Jersey that authorization is hereby granted to the

Township Administrator/Acting Clerk to post and/or advertise for the position of Deputy Court

Administrator.

Upon motion by Deputy Mayor Suraci, seconded by Committeeman Wagner, the

consent agenda was unanimously approved upon call of the roll.

CLAIMS LISTS

Mayor McCauley presented Claims List 2011-11.

Upon motion by Committeeman DelCore, seconded by Committeeman Wagner, Claims List 2011-

11 was unanimously approved upon call of the roll.

Mayor McCauley again wished everyone a happy and safe 4th of July.

ADJOURNMENT

Upon motion by Deputy Mayor Suraci, seconded by Committeeman DelCore, the regular

session meeting duly adjourned at 8:57 p.m. Said motion was carried unanimously upon voice

vote.

Attested:

Michael Merdinger

Township Administrator/Acting Clerk

salute to the flag proclamations / presentations ...jun 28, 2011 · petitions or communications...

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