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August 6, 2012 – Packet - Borough of Hightstown

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Agenda<br />

<strong>Hightstown</strong> <strong>Borough</strong> Council<br />

Regular Meeting<br />

<strong>August</strong> 6, <strong>2012</strong><br />

First Aid Building<br />

6:00 PM – Executive Session<br />

7:30 PM – Public Session<br />

PLEASE TURN OFF ALL CELL PHONES DURING YOUR ATTENDANCE AT THIS MEETING TO<br />

AVOID SOUNDS/RINGING OR CONVERSATION THAT MAY INTERFERE WITH THE MEETING OR THE<br />

ABILITY OF ATTENDEES TO HEAR THE PROCEEDINGS. THANK YOU FOR YOUR COOPERATION.<br />

Meeting called to order by Mayor Steven Kirson.<br />

STATEMENT: Adequate notice <strong>of</strong> this meeting has been given in accordance with the Open Public Meetings Act,<br />

pursuant to Public Law 1975, Chapter 231. Said notice was provided to the Trenton Times and the Windsor-Hights<br />

Herald, and is posted in the <strong>Borough</strong> Clerk’s <strong>of</strong>fice.<br />

Roll Call<br />

Executive Session: Resolution <strong>2012</strong>-194 Public Safety – Police Staffing<br />

Flag Salute<br />

Approval <strong>of</strong> Meeting Agenda<br />

Approval <strong>of</strong> Minutes<br />

June 18, <strong>2012</strong> Open Session<br />

June 18, <strong>2012</strong> Executive Session<br />

July 2, <strong>2012</strong> Open Session<br />

July 16, <strong>2012</strong> Open Session<br />

July 16, <strong>2012</strong> Executive Session<br />

Appointments <strong>2012</strong>-195 Appointing a Police Lieutenant – Frank Gendron<br />

<strong>2012</strong>-196 Appointing a Class I Special Officer – Anthony Sturchio<br />

Engineer Items <strong>2012</strong>-197 Authorizing the Execution <strong>of</strong> a New Jersey Department <strong>of</strong><br />

Transportation Resolution, Application and Agreement for State Aid<br />

for Grape Run Road and Pershing Avenue<br />

Presentation<br />

Discussion<br />

Public Comment I<br />

<strong>2012</strong>-198 Authorizing Payment #1 –Richard T. Barrett Paving Company, Inc.<br />

(Summit Street Sidewalks)<br />

Greenway Walking Bridge Update<br />

Fluoridation <strong>of</strong> Water Supply<br />

Any person wishing to address the Mayor and Council with his or her comments<br />

may do so at this time.<br />

Ordinances: <strong>2012</strong>-11 First Reading and Introduction – An Ordinance Amending and<br />

Supplementing Chapter 2 Entitled “Administration”, Section 2-55,<br />

Entitled “Fees for Municipal Services”, <strong>of</strong> the “Revised General<br />

Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey.”


<strong>2012</strong>-13 First Reading and Introduction – Bond Ordinance Providing for<br />

Various Capital Improvements <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, in the<br />

County <strong>of</strong> Mercer, New Jersey, Appropriating the Aggregate Amount<br />

<strong>of</strong> $262,000 Therefor and Authorizing the Issuance <strong>of</strong> $249,500 Bonds<br />

or Notes <strong>of</strong> the <strong>Borough</strong> to Finance Part <strong>of</strong> the Cost There<strong>of</strong><br />

<strong>2012</strong>-14 First Reading and Introduction – Bond Ordinance Providing for<br />

Various Water Sewer Improvements in and by the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, in the County <strong>of</strong> Mercer, New Jersey, Appropriating<br />

$132,000 Therefor and Authorizing the Issuance <strong>of</strong> $122,000 Bonds or<br />

Notes <strong>of</strong> the <strong>Borough</strong> for Financing the Cost There<strong>of</strong><br />

<strong>2012</strong>-09 Final Reading and Public Hearing – An Ordinance Amending and<br />

Supplementing Section 4-21, Entitled “Taxicab Licensing,” <strong>of</strong> the<br />

“Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New<br />

Jersey.”<br />

<strong>2012</strong>-10 Final Reading and Public Hearing – An Ordinance Amending and<br />

Supplementing Various Sections <strong>of</strong> Chapter 7, Entitled “Traffic,” <strong>of</strong> the<br />

“Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New<br />

Jersey,” Relating to Taxicab Issues.<br />

<strong>2012</strong>-12 Final Reading and Public Hearing – An Ordinance Amending and<br />

Supplementing Chapter 25-1, et. seq. Entitled “Stormwater Control”<br />

and Section 26-9 Entitled “Subdivision, Site Plan, Variance and Sign<br />

Variance Checklists for Development Applications Filed Pursuant to<br />

<strong>Hightstown</strong> Development Regulations” <strong>of</strong> the “Revised General<br />

Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey.”<br />

Resolutions <strong>2012</strong>-199 Authorizing the Payment <strong>of</strong> Bills<br />

<strong>2012</strong>-200 Authorizing the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> to Enter into an Agreement<br />

with “The <strong>Hightstown</strong> Group Home” for the Expenditure <strong>of</strong> Affordable<br />

Housing Trust Funds in Order to Facilitate the Continuation <strong>of</strong><br />

Affordable Housing Units Within the <strong>Borough</strong><br />

<strong>2012</strong>-201 Authorizing the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> to Enter into an Agreement<br />

with “Habitat for Humanity Millstone Basin Affiliate” for the Provision<br />

<strong>of</strong> Affordable Housing Trust Funds in Order to Assist with the<br />

Construction <strong>of</strong> New Affordable Housing Units Within the <strong>Borough</strong><br />

<strong>2012</strong>-202 Authorizing the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> to Enter into an Agreement<br />

with “Holly House, Inc.” for the Expenditure <strong>of</strong> Affordable Housing<br />

Trust Funds in Order to Facilitate the Continuation <strong>of</strong> Affordable<br />

Housing Units Within the <strong>Borough</strong><br />

<strong>2012</strong>-203 Authorizing a State Contract Purchase for <strong>Hightstown</strong> Police<br />

Department - CAD/RMS System<br />

<strong>2012</strong>-204 Authorizing Receipt <strong>of</strong> Bids for the Greenway Walking Bridge over<br />

Peddie Lake<br />

<strong>2012</strong>-205 Authorizing and Directing the <strong>Hightstown</strong> Water Department to<br />

Resume Fluoridation <strong>of</strong> the Water Supply<br />

<strong>2012</strong>-206 Authorizing a Shared Services Agreement with Mercer County<br />

Regarding Emergency Telecommunications Services - Fire<br />

<strong>2012</strong>-207 Lifting the Moratorium on and Establishing the Issuance <strong>of</strong> Taxi<br />

Licenses for <strong>2012</strong> and 2013<br />

<strong>2012</strong>-208 Authorizing the Issuance <strong>of</strong> Auction Licenses – Empire Antiques


Discussion<br />

Public Comment II<br />

Hurricane Irene Update<br />

Code Enforcement Update<br />

Any person wishing to address the Mayor and Council with his or her comments<br />

may do so at this time.<br />

Mayor/Council/Administrative Comments and Committee Reports<br />

Adjournment


Resolution <strong>2012</strong>-194<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING A MEETING WHICH EXCLUDES THE PUBLIC<br />

BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that this body will hold<br />

a meeting on <strong>August</strong> 6, <strong>2012</strong> at approximately 6:00 pm in the First Aid Building located at 168 Bank Street,<br />

<strong>Hightstown</strong> that will be limited only to consideration <strong>of</strong> an item or items with respect to which the public may<br />

be excluded pursuant to section 7b <strong>of</strong> the Open Public Meetings Act.<br />

The general nature <strong>of</strong> the subject or subjects to be discussed:<br />

Public Safety – Police Staffing<br />

Stated as precisely as presently possible the following is the time when and the circumstances under<br />

which the discussion conducted at said meeting can be disclosed to the public: November 6, <strong>2012</strong> or when the<br />

need for confidentiality no longer exists.<br />

The public is excluded from said meeting, and further notice is dispensed with, all in accordance with<br />

sections 8 and 4a <strong>of</strong> the Open Public Meetings Act.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Meeting Minutes<br />

<strong>Hightstown</strong> <strong>Borough</strong> Council<br />

Regular Meeting<br />

June 18, <strong>2012</strong><br />

6:00 pm<br />

The meeting was called to order by Mayor Kirson at 6:08 pm and he read the Open Public Meetings Act statement<br />

which stated, “Adequate notice <strong>of</strong> this meeting has been given in accordance with the Open Public Meetings Act,<br />

pursuant to Public Law 1975, Chapter 231. Said notice was sent to the Trenton Times and the Windsor-Hights Herald,<br />

and is posted in the <strong>Borough</strong> Clerk’s <strong>of</strong>fice.”<br />

Mayor Kirson called for Roll Call.<br />

Councilmember Bibens<br />

Councilmember Bluth<br />

Councilmember Doran<br />

Councilmember Quattrone<br />

Councilmember Thibault<br />

Councilmember Woods<br />

Mayor Kirson<br />

PRESENT<br />

<br />

<br />

<br />

<br />

ABSENT<br />

<br />

<br />

<br />

Also in attendance: Debra Sopronyi, <strong>Borough</strong> Clerk; Michael Theokas, <strong>Borough</strong> Administrator; Frederick Raffetto,<br />

<strong>Borough</strong> Attorney and Gregory Sullivan, JIF Attorney.<br />

Resolution <strong>2012</strong>-155 Authorizing a Meeting Which Excludes the Public<br />

Council President Quattrone moved resolution <strong>2012</strong>-155, Councilmember Doran seconded.<br />

Roll Call Vote: Council members, Bluth, Doran, and Quattrone voted yes.<br />

Resolution adopted, 3-0<br />

Resolution <strong>2012</strong>-155<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING A MEETING WHICH EXCLUDES THE PUBLIC<br />

BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that this body will hold a meeting on<br />

June 18, <strong>2012</strong> at approximately 6:00 pm in the First Aid Building located on Bank Street, <strong>Hightstown</strong> that will be<br />

limited only to consideration <strong>of</strong> an item or items with respect to which the public may be excluded pursuant to section<br />

7b <strong>of</strong> the Open Public Meetings Act.<br />

The general nature <strong>of</strong> the subject or subjects to be discussed:<br />

Anticipated Litigation – Thibault<br />

Attorney-Client Privilege<br />

Stated as precisely as presently possible the following is the time when and the circumstances under which the<br />

discussion conducted at said meeting can be disclosed to the public: September 18, <strong>2012</strong> or when the need for<br />

confidentiality no longer exists.<br />

The public is excluded from said meeting, and further notice is dispensed with, all in accordance with sections 8 and 4a<br />

June 18, <strong>2012</strong> - 1 -


<strong>of</strong> the Open Public Meetings Act.<br />

The public meeting was called to order by Mayor Kirson at 7:32 pm and he again read the Open Public Meetings Act<br />

statement.<br />

The Flag Salute followed Roll Call.<br />

Councilmember Bibens<br />

Councilmember Bluth<br />

Councilmember Doran<br />

Councilmember Quattrone<br />

Councilmember Thibault<br />

Councilmember Woods<br />

Mayor Kirson<br />

PRESENT<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

ABSENT<br />

Councilmember Bibens had arrived during executive session at 6:17pm, Councilmember Thibault had arrived during<br />

executive session at 6:50pm, Councilmember Woods had arrived during executive session at 7:10pm and Carmela<br />

Roberts, <strong>Borough</strong> Engineer, had arrived during executive session at 6:55pm. Police Director LeTellier and George<br />

Lang, CFO joined the meeting at this time.<br />

Council President Quattrone moved the agenda for approval, Councilmember Woods seconded.<br />

Mayor Kirson called for a roll call vote on the agenda.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Agenda approved 6-0.<br />

Mayors Comments<br />

“On May 30 th a special public meeting was held at this location to discuss the placement <strong>of</strong> <strong>Borough</strong> Hall. I would<br />

estimate that over 60 people were in attendance that evening.<br />

The first public comment session <strong>of</strong> the May 30 th meeting began with Ryan Rosenberg, the Chair <strong>of</strong> Downtown<br />

<strong>Hightstown</strong> reading a letter from that Organization, supporting the move <strong>of</strong> <strong>Borough</strong> Hall from the downtown area. I<br />

will emphasize that DOWNTOWN HIGHTSTOWN spoke in unanimous voice.<br />

Cappy Stults and Mike Vanderbeck, former Council members and owners <strong>of</strong> prominent downtown properties and<br />

businesses also spoke before Mayor and Council in support <strong>of</strong> moving <strong>Borough</strong> Hall away from the center <strong>of</strong><br />

downtown. Dimitri Musing a former Council member and owner <strong>of</strong> an antique business and the oldest home in the<br />

<strong>Borough</strong> also is in favor <strong>of</strong> the move away from the central part <strong>of</strong> downtown. Jay Zimmer, the Executive Director <strong>of</strong><br />

Meadow Lakes, which is the largest tax paying entity in the <strong>Borough</strong>, also spoke <strong>of</strong> the importance <strong>of</strong> creating a better<br />

Downtown.<br />

Steve Misiura, the Chair <strong>of</strong> the <strong>Hightstown</strong> Planning Board spoke about the advantages <strong>of</strong> moving <strong>Borough</strong> Hall from<br />

the center <strong>of</strong> Downtown. Dan Buriak, the Chair <strong>of</strong> the <strong>Hightstown</strong> HPC, said that is was the collective opinion <strong>of</strong> the<br />

HPC that the current <strong>Borough</strong> Hall has not been the nucleus <strong>of</strong> Downtown, has no intrinsic value and actually detracts<br />

from the historic image <strong>of</strong> Downtown.<br />

Torry Watkins and Gene Sarafin former Council members and long time residents both said move to Lucas.<br />

All <strong>of</strong> the people mentioned above have made substantial financial investments in the community and over many years<br />

have committed their time and energy to improve the <strong>Borough</strong>. In all 75% <strong>of</strong> those that spoke that evening thought it<br />

would be better to relocate <strong>Borough</strong> Hall away from the Downtown.<br />

Let’s move to the regularly scheduled Council meeting <strong>of</strong> June 4 th . As I asked for a motion to move that night’s<br />

agenda, Gail Doran stated that she would like to amend the agenda by adding a resolution. At that same time Susan<br />

Bluth announced that she too would like to amend the agenda by adding a resolution to the agenda”.<br />

At this time Councilmember Thibault called a point <strong>of</strong> order; the <strong>Borough</strong> Attorney advised Councilmember Thibault<br />

June 18, <strong>2012</strong> - 2 -


that the agenda was approved with the Mayor’s Comments listed and therefore the Mayor is entitled to make his<br />

comments.<br />

The Mayor then continued, “The unwritten protocol since I have been Mayor is that a Council member would give me<br />

a “heads up” prior to the meeting when they would be asking to amend the agenda. This did not occur that night. The<br />

Council did vote to add both resolutions to the agenda for that meeting. <strong>Hightstown</strong> prides itself on having an “Open<br />

and Transparent Government”. I know we strive to reach that goal. I can attest that the information packets provided<br />

to the public in <strong>Hightstown</strong> and available on its website prior to Council meetings far exceeds any other Municipality in<br />

Mercer County. Some members <strong>of</strong> this Council, when they were still on the other side <strong>of</strong> the dais, chastised the Mayor<br />

and Council for amending an agenda without having information provided beforehand to the public. For some reason<br />

on June 4 th the Council decided to add two resolutions to the agenda without providing the public with this information<br />

for their review and participation.<br />

The resolution put forward by Gail Doran was numbered <strong>2012</strong>-153. The title <strong>of</strong> the resolution is “Statement by<br />

<strong>Borough</strong> Council Concerning the Location <strong>of</strong> <strong>Borough</strong> Hall”. I will read one sentence from the resolution. Whereas,<br />

the Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> believes that by being located in a central location, <strong>Borough</strong> Hall is a vital<br />

part <strong>of</strong> the <strong>Borough</strong>’s character and appeal. What I found so striking is that 5 days after the special meeting held on<br />

May 30 th when 75% <strong>of</strong> those who spoke that evening were in favor <strong>of</strong> moving <strong>Borough</strong> Hall outside the downtown<br />

area, this Council rushed to put this resolution on the agenda. Did we have a special meeting only to ignore the<br />

majority <strong>of</strong> those who spoke?<br />

Is this an “Open and Transparent Government”? We cannot be Open and Transparent sometimes and decide not to be<br />

when it suits a few. The fact that these two resolutions were added to the agenda did not give the public a chance to<br />

come to that nights meeting and voice their opinion. The two resolutions were brought forward by Gail Doran and<br />

Susan Bluth. After I read the two resolutions I believe they were actually written by a third Council member. I listened<br />

to the audio <strong>of</strong> the meeting <strong>of</strong> the June 4 th meeting. Just as the Council was going to vote on whether or not to add<br />

resolution <strong>2012</strong>-153 a Council member asks to make a change to some <strong>of</strong> the language in the resolution. They were<br />

advised that this vote is to add the resolution to the agenda and changes could be added later during the discussion <strong>of</strong><br />

the resolution. We know the resolution made it on the agenda, but the Council member never again asks to change the<br />

language. I believe they realized they erred when asking to amend the language, as it was shortly after receiving the<br />

copy and how could someone read and digest the resolution so quickly and now want to amend it. It passed on a 5-1<br />

vote. I suspect that the Sunshine Laws were treaded on between the two meetings <strong>of</strong> May 30th and June 4 th .<br />

I do not bring this forward this evening to be controversial and difficult. My goal is to focus on issues and reduce the<br />

hyperbole.<br />

Thank you.”<br />

Council President Quattrone moved the minutes <strong>of</strong> the May 21, <strong>2012</strong>, Open Session for approval; Councilmember<br />

Bibens seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Minutes approved 6-0.<br />

Council President Quattrone moved the minutes <strong>of</strong> the May 21, <strong>2012</strong> Executive Session for approval; Councilmember<br />

Woods seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, and Woods voted yes; Councilmember Thibault<br />

abstained.<br />

Minutes approved 5-0 with one abstention.<br />

Resolution <strong>2012</strong>-156 Authorizing Payment #1 Final – Clyde N. Lattimer & Son Construction Co., Inc. (Primary<br />

Clarifier Upgrade)<br />

Council President Quattrone moved resolution <strong>2012</strong>-156, Councilmember Woods seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution approved 6-0.<br />

Resolution <strong>2012</strong>-156<br />

June 18, <strong>2012</strong> - 3 -


BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT # 1 – CLYDE N. LATTIMER & SON CONSTRUCTION<br />

COMPANY, INC. (PRIMARY CLARIFIER UPGRADE)<br />

WHEREAS, on February 6, <strong>2012</strong> the <strong>Borough</strong> Council awarded a contract for Primary Clarifier Upgrade to<br />

Clyde B. Lattimer & Son Construction Co., Inc. <strong>of</strong> Berlin, New Jersey in the amount <strong>of</strong> $148,400.00; and<br />

WHEREAS, the contractor has submitted payment request #1 for work done in the total amount <strong>of</strong> $7,203.00; and<br />

WHEREAS, the <strong>Borough</strong> Engineer has recommended approval <strong>of</strong> payment #1 to Clyde B. Lattimer & Son<br />

Construction Co., Inc. in the amount <strong>of</strong> $7,203.00; and<br />

WHEREAS, the required certified payrolls have been submitted; and<br />

WHEREAS, the Chief Finance Officer has certified that funds are available for this expenditure.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

Payment Request No. 1 from Clyde B. Lattimer & Son Construction Co., Inc. <strong>of</strong> Berlin, New Jersey in the amount <strong>of</strong><br />

$7,203.00 is hereby approved as detailed herein, and the Acting Treasurer is authorized to issue same.<br />

Resolution <strong>2012</strong>-157 Authorizing Payment #1 – B & H Contracting Inc. (Post Chlorination Tank)<br />

Council President Quattrone moved resolution <strong>2012</strong>-157, Councilmember Bibens seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution approved 6-0.<br />

Resolution <strong>2012</strong>-157<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT # 1 – B & H CONTRACTING, INC. (POST<br />

CHLORINATION TANK)<br />

WHEREAS, on December 19, 2011 the <strong>Borough</strong> Council awarded a contract for the Post Chlorination Tank to B<br />

& H Contracting, Inc, <strong>of</strong> Folsom, New Jersey in the amount <strong>of</strong> $201,950.00; and<br />

and<br />

WHEREAS, the contractor has submitted payment request #1 for work done in the total amount <strong>of</strong> $161,651.00;<br />

WHEREAS, the <strong>Borough</strong> Engineer has recommended approval <strong>of</strong> payment #1 to B & H Contracting, Inc, in the<br />

amount <strong>of</strong> $161,651.00; and<br />

WHEREAS, the required certified payrolls have been submitted; and<br />

WHEREAS, the Chief Finance Officer has certified that funds are available for this expenditure.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

Payment Request No. 1 from B & H Contracting, Inc, <strong>of</strong> Folsom, New Jersey in the amount <strong>of</strong> $161,651.00 is hereby<br />

approved as detailed herein, and the Acting Treasurer is authorized to issue same.<br />

Resolution <strong>2012</strong>-158 Authorizing Change Order #1 – MBE Mark III Electrical, Inc. (Bar Screen)<br />

June 18, <strong>2012</strong> - 4 -


Council President Quattrone moved resolution <strong>2012</strong>-158, Councilmember Woods seconded.<br />

The <strong>Borough</strong> Engineer reviewed the resolution and there was discussion.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution approved 6-0.<br />

Resolution <strong>2012</strong>-158<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING CHANGE ORDER #1 – MBE MARK III ELECTRICAL, INC.<br />

(BAR SCREEN UPGRADE)<br />

WHEREAS, on February 6, <strong>2012</strong>, the <strong>Borough</strong> Council awarded a contract for the Bar Screen Upgrade Project to<br />

MBE Mark III Electrical, Inc. <strong>of</strong> Madison, New Jersey in the amount <strong>of</strong> $204,000.00; and,<br />

WHEREAS, the Contractor has requested change order #1 to raise the new Screening Washer Compactor<br />

resulting in a change order in the amount <strong>of</strong> $3,313.00 in addition to the current contract resulting in a revised contract<br />

amount <strong>of</strong> $207,313.00; and<br />

WHEREAS, the <strong>Borough</strong> Engineer has recommended approval <strong>of</strong> this change order; and<br />

WHEREAS, this project is funded by the New Jersey Environmental Infrastructure Trust, the approval <strong>of</strong> this<br />

change order is conditional upon approval by the New Jersey Department <strong>of</strong> Environmental Protection; and,<br />

WHEREAS, the Chief Finance Officer has certified that said funds are available for this purpose.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

change order #1 to the contract with MBE Mark III Electrical, Inc <strong>of</strong> South River, New Jersey in a reduction in<br />

the amount <strong>of</strong> $3,313.00 is hereby approved and the contract price revised to $207,313.00, upon approval by the<br />

New Jersey Department <strong>of</strong> Environmental Protection.<br />

Resolution <strong>2012</strong>-159 Establishing a Weight Limit for a Section <strong>of</strong> Route 33 in <strong>Hightstown</strong> <strong>Borough</strong> During the<br />

Route 33 Bridge Repair and Reconstruction Project<br />

Council President Quattrone moved resolution <strong>2012</strong>-159, Councilmember Bibens seconded.<br />

Mr. Theokas reviewed the resolution and the project and there was discussion.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution approved 6-0.<br />

Resolution <strong>2012</strong>-159<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

ESTABLISHING A WEIGHT LIMIT FOR A SECTION OF ROUTE 33 IN<br />

HIGHTSTOWN BOROUGH DURING THE ROUTE 33 BRIDGE REPAIR AND<br />

RECONSTRUCTION PROJECT<br />

BE IT RESOLVED by the Mayor and <strong>Borough</strong> Council <strong>of</strong> the <strong>Hightstown</strong> <strong>Borough</strong> as follows:<br />

June 18, <strong>2012</strong> - 5 -


1. That the Route 33 Bridge over Rocky Brook between Stockton Street and Franklin Street shall have a seven<br />

(7) ton weight restriction during construction <strong>of</strong> the New Jersey Department <strong>of</strong> Transportation’s Plans for the<br />

Route 33 Bridge over Rocky Brook, Emergency Repairs, contract No. 014123100. This restriction will<br />

remain in effect as long as the detour is necessary to re-construct the bridge and/or until the project is deemed<br />

complete by the Department.<br />

2. That the Traffic Control Signs installed shall be in accordance with the provisions <strong>of</strong> the Manual on Uniform<br />

Traffic Control Devices, Title 39 <strong>of</strong> the Revised Statutes and the New Jersey Administrative Code; shall<br />

conform to the design and shall be maintained, as authorized by the New Jersey Department <strong>of</strong><br />

Transportation<br />

3. That all prior ordinances or resolutions or portion there<strong>of</strong> the <strong>Borough</strong> Council inconsistent herewith are<br />

temporarily repealed.<br />

4. That this resolution shall become effective immediately and upon the approval <strong>of</strong> the Commissioner <strong>of</strong> the<br />

Department <strong>of</strong> Transportation.<br />

5. That if any clause, section or provision <strong>of</strong> this resolution is declared invalid by a court <strong>of</strong> competent<br />

jurisdiction, such provision shall be deem a separate, distinct and independent provision and shall not affect<br />

the validity <strong>of</strong> the remaining portion here<strong>of</strong>.<br />

BE IT FURTHER RESOLVED that a certified copy <strong>of</strong> this resolution shall be sent to Bureau <strong>of</strong> Traffic<br />

Engineering and Investigation, NJ Department <strong>of</strong> Transportation, PO Box 613, Trenton NJ 08625-0613 and the<br />

<strong>Hightstown</strong> <strong>Borough</strong> Police Director.<br />

Resolution <strong>2012</strong>-160 Renewing a Contract for Sludge Removal, Transportation, Delivery and Disposal –<br />

Accurate Waste Removal Services<br />

Council President Quattrone moved resolution <strong>2012</strong>-160, Councilmember Bibens seconded.<br />

Carmela Roberts, the <strong>Borough</strong> Engineer, explained the need for the extension and advised that the project should be<br />

completed in the fall; the <strong>Borough</strong> should be able to bid the removal <strong>of</strong> cake for January 1, 2013.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution approved 6-0.<br />

Resolution <strong>2012</strong>-160<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

RENEWING A CONTRACT FOR SLUDGE REMOVAL, TRANSPORTATION,<br />

DELIVERY AND DISPOSAL – ACCURATE WASTE REMOVAL SERVICES<br />

WHEREAS, four (4) bids were received on November 4, 2010 for sludge removal, transportation, delivery and<br />

disposal for the Advanced Wastewater Treatment Plant (AWWTP) in <strong>Hightstown</strong> <strong>Borough</strong>; and<br />

WHEREAS, pursuant to resolution 2010-252, the <strong>Borough</strong> Council awarded a six (6) month contract for the<br />

sludge removal, transportation, delivery and disposal to the low bidder, Accurate Waste Removal Services <strong>of</strong> Lake<br />

Hopatcong, New Jersey at a per unit price <strong>of</strong> $0.113 per gallon with a total contract price <strong>of</strong> $96,954.00; and<br />

WHEREAS, the <strong>Borough</strong> reserved the right to renew this contract for three (3) additional six (6) month terms<br />

with the original term beginning January 1, 2011; and<br />

WHEREAS, the <strong>Borough</strong> Engineer has recommended that said contract be renewed for an additional six (6)<br />

month period at a per unit price <strong>of</strong> $0.113 per gallon with a total contract price <strong>of</strong> $96,954.00; and<br />

June 18, <strong>2012</strong> - 6 -


WHEREAS, the Chief Finance Officer has certified that funds are available for said expenditure;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

the contract for sludge removal, transportation, delivery and disposal is hereby renewed for an additional six (6)<br />

month period with Accurate Waste Removal Services <strong>of</strong> Lake Hopatcong, New Jersey effective July 1, <strong>2012</strong>.<br />

Municipal Aid Grant <strong>2012</strong> – Grape Run and Pershing Avenue<br />

The Mayor reviewed that the cost <strong>of</strong> the project exceeds the amount <strong>of</strong> the grant. The <strong>Borough</strong> Engineer reviewed<br />

DEP and DOT requirements for paving, which is all the grant will cover; she noted that inlets and covers, ADA<br />

compliance, drainage and signs also need to be done. These items should be done now while it is cost effective; curbs<br />

and sidewalks should also be done to complete the project. No water mains need to be addressed at this time, but it is<br />

estimated that seven to ten services may be damaged by the paving; sewer lines would need to be evaluated. There was<br />

discussion regarding doing the project in pieces, curbs, drainage and bonding for the project.<br />

Mr. Theokas advised that he has requested the Engineer and Ken Lewis, DPW Superintendent, to put together a road<br />

project projection for two purposes: grant availability and because streets and roads are the responsibility <strong>of</strong> the<br />

<strong>Borough</strong>. There was discussion regarding the advantage and cost effectiveness <strong>of</strong> packaging projects.<br />

The <strong>Borough</strong> Engineer recommended that Grape Run be done first as it has more traffic; the water service work is on<br />

Pershing. She stated that she would check with DOT about doing Grape Run and come back to Council at a future<br />

date.<br />

Hurricane Irene<br />

Mr. Theokas advised that we have received $190,000.00 from FEMA and advised that there are still several PW’s<br />

outstanding; he has received confirmation from the insurance that the second six month extension for the use and<br />

occupancy agreement with Lucas is covered; work with the <strong>Borough</strong> documents has begun and Belfor is DARM<br />

approved; noted that anything salvageable was taken from <strong>Borough</strong> Hall immediately following the flood and we are<br />

scrapping any metal that was not salvageable.<br />

He then continued that Councilmember Woods, Carmela Roberts and Rick Perez did a walk-thru <strong>of</strong> the Shangle &<br />

Hunt and Lucas properties; this will be addressed later in the meeting with a resolution.<br />

Mayor Kirson opened Public Comment Period I and the following individuals spoke:<br />

Phyllis Deal, 305 Stockton Street – expressed concern with the following: as to whether the resolution locks the<br />

<strong>Borough</strong> into keeping <strong>Borough</strong> Hall where it is; dump trucks using side streets in the <strong>Borough</strong>; and if Pershin is re-done<br />

will they straighten the road and take out the big tree.<br />

George Zhelesnik, 7 Ely Court – commented that assessing for improvements may be a way to pay for them.<br />

Keith LePrevost, 213 Greeley Street – on behalf <strong>of</strong> the Environmental Commission he thanked the Planning Board for<br />

approving the ERI; requested that Council press the Planning Board to approve the storm water ordinance; noted two<br />

dead trees in Association Park.<br />

Eugene Sarafin, 628 S. Main Street – commented that he finds the resolution about the location <strong>of</strong> <strong>Borough</strong> Hall<br />

disturbing; noted that the <strong>Borough</strong> should not do incomplete road jobs, you should bond for the project; there is a need<br />

sidewalks on S. Main Street.<br />

Bill Gilmore, 219 Greeley Street – agreed with Eugene Sarafin’s comments; noted the Mayor’s comments needed to be<br />

said; Council is ignoring the various organizations’ advice.<br />

J P Gibbons, 602 N. Main Street – commented that he does not want sidewalks by his house; inquired about the status<br />

<strong>of</strong> the taxi ordinance and town hall meetings; suggested an island, special striping for Memorial Park parking lot access<br />

and a “Don’t Block the Box” be installed on Main Street; he noted that he has issues with the Route 33 Corridor Study;<br />

encouraged Council not to vote for resolution <strong>2012</strong>-164.<br />

Steve Misiura, Planning Board Chair – noted that he is present and can answer any questions regarding resolution<br />

<strong>2012</strong>-164.<br />

June 18, <strong>2012</strong> - 7 -


Dan Buriak, 194 Stockton Street – commented that Councilmember Thibault’s 50/50 statement as to comments for<br />

<strong>Borough</strong> Hall is a lie; irrational behavior is taking place with resolution <strong>2012</strong>-153 coming forward and it’s time to stop<br />

playing games and start working for the <strong>Borough</strong>; he asked Council to work for the good <strong>of</strong> the public.<br />

There being no further comments, the Mayor closed the public comment period.<br />

Councilmember Thibault, in response to Mr. Buriak’s assessment <strong>of</strong> his statement, corrected the number <strong>of</strong> comments<br />

to be eleven in favor <strong>of</strong> moving to Lucas and eight in favor <strong>of</strong> <strong>Borough</strong> Hall remaining downtown.<br />

Resolution <strong>2012</strong>-161<br />

Authorizing the Payment <strong>of</strong> Bills<br />

Councilmember Woods requested that item #E0577 be pulled from the bills list and voted separately.<br />

Councilmember Bibens moved Resolution <strong>2012</strong>-161 without item #E0577, Councilmember Bluth seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Councilmember Bibens moved item #E0577 for payment, Council President Quattrone seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone and Thibault voted yes; Councilmember Woods<br />

abstained.<br />

Resolution <strong>2012</strong>-161<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT OF BILLS<br />

WHEREAS, certain bills are due and payable as per itemized claims listed on the following schedules, which are made a part <strong>of</strong> the<br />

minutes <strong>of</strong> this meeting as a supplemental record;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the bills be paid on audit and<br />

approval <strong>of</strong> the <strong>Borough</strong> Administrator, appropriate Department Head and the Treasurer in the amount <strong>of</strong> $753,539.35 from the following<br />

accounts<br />

Current $ 710,743.42<br />

W/S Operating 25,340.98<br />

General Capital<br />

Water/Sewer Capital 4,948.75<br />

Grant<br />

Trust 9,728.95<br />

Housing Trust 656.25<br />

Animal Control 525.00<br />

Law Enforcement Trust<br />

Housing Rehab Loans<br />

Unemployment Trust<br />

Escrow 1,596.00<br />

June 18, <strong>2012</strong> - 8 -


Federal Forfeiture<br />

Carmela Roberts, <strong>Borough</strong> Engineer, was excused from the meeting at this time.<br />

Resolution <strong>2012</strong>-162<br />

Resolution <strong>of</strong> Compliance Regarding the <strong>2012</strong> Audit<br />

Council President Quattrone moved Resolution <strong>2012</strong>-162, Councilmember Bibens seconded.<br />

George Lang explained the term interfund, and there was discussion regarding the recommendations in the audit.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-162<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

RESOLUTION OF COMPLIANCE REGARDING THE 2010 AUDIT<br />

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body <strong>of</strong> every local unit to have made an annual audit <strong>of</strong> its<br />

books, accounts and financial transactions; and<br />

WHEREAS, the Annual Report <strong>of</strong> Audit for the year 2010 has been filed by a Registered Municipal Accountant<br />

with the Municipal Clerk as per the requirements <strong>of</strong> N.J.S. 40A:5-6, and a copy has been received by each member <strong>of</strong><br />

the governing body; and<br />

WHEREAS, the Local Finance Board <strong>of</strong> the State <strong>of</strong> New Jersey is authorized to prescribe reports pertaining to<br />

the local fiscal affairs, as per R.S. 52:27BB-34; and<br />

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body <strong>of</strong> each<br />

municipality shall, by resolution, certify to the Local Finance Board <strong>of</strong> the State <strong>of</strong> New Jersey that all members <strong>of</strong> the<br />

governing body have reviewed, at a minimum, the sections <strong>of</strong> the audit entitled:<br />

; and<br />

General Comments<br />

Recommendations<br />

WHEREAS, the members <strong>of</strong> the governing body have personally reviewed at a minimum the Annual Report <strong>of</strong><br />

Audit, and specifically the sections <strong>of</strong> the Annual Audit entitled:<br />

General Comments<br />

Recommendations<br />

as evidenced by the group affidavit form <strong>of</strong> the governing body; and<br />

WHEREAS, such resolution <strong>of</strong> certification shall be adopted by the governing body no later than forty-five (45)<br />

days after receipt <strong>of</strong> the annual audit, as per the regulations <strong>of</strong> the Local Finance Board; and<br />

WHEREAS, all members <strong>of</strong> the governing body have received and have familiarized themselves with at least the<br />

minimum requirements <strong>of</strong> the Local Finance Board <strong>of</strong> the State <strong>of</strong> New Jersey, as stated aforesaid, and have subscribed<br />

to the affidavit, as provided by the Local Finance Board; and<br />

WHEREAS, failure to comply with the promulgations <strong>of</strong> the Local Finance Board <strong>of</strong> the State <strong>of</strong> New Jersey may<br />

subject the members <strong>of</strong> the local governing body to the penalty provisions <strong>of</strong> R.S. 52:27BB-52 - to wit:<br />

R.S. 52:27BB-52 - A local <strong>of</strong>ficer or member <strong>of</strong> a local governing body who, after a date fixed for compliance, fails or<br />

refuses to obey an order <strong>of</strong> the Director (Director <strong>of</strong> Local Government Services), under the provisions <strong>of</strong> this Article,<br />

shall be guilty <strong>of</strong> a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or<br />

June 18, <strong>2012</strong> - 9 -


imprisoned for not more than one year, or both, in addition shall forfeit his <strong>of</strong>fice.<br />

NOW, THEREFORE, BE IT RESOLVED that the governing body <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> hereby states<br />

that it has complied with the promulgation <strong>of</strong> the Local Finance Board <strong>of</strong> the State <strong>of</strong> New Jersey dated July 30, 1968<br />

and does hereby submit a certified copy <strong>of</strong> this resolution and the required affidavit to said Board to show evidence <strong>of</strong><br />

said compliance.<br />

Resolution <strong>2012</strong>-163<br />

Requesting Approval for Insertion <strong>of</strong> a Special Item <strong>of</strong> Revenue in the <strong>2012</strong> Budget<br />

Council President Quattrone moved Resolution <strong>2012</strong>-163, Councilmember Bibens seconded.<br />

There was discussion.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-163<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

REQUESTING APPROVAL FOR INSERTION OF A SPECIAL ITEM OF REVENUE<br />

IN THE <strong>2012</strong> BUDGET<br />

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director <strong>of</strong> the Division <strong>of</strong> Local Government Services may<br />

approve the insertion <strong>of</strong> any special item <strong>of</strong> revenue in the budget <strong>of</strong> any county or municipality when such item shall<br />

have been made available by law and the amount there<strong>of</strong> was not determined at the time <strong>of</strong> the adoption <strong>of</strong> the budget;<br />

and<br />

WHEREAS, said Director may also approve the insertion <strong>of</strong> an item <strong>of</strong> appropriation for equal amount;<br />

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> hereby<br />

request the Director <strong>of</strong> the Division <strong>of</strong> Local Government Services to approve the insertion <strong>of</strong> a special item <strong>of</strong> revenue<br />

and equal appropriation in the budget <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> for the year <strong>2012</strong> as follows:<br />

Source Amount Revenue Title Appropriation Title<br />

State <strong>of</strong> New Jersey $4,371.01 Municipal Court Alcohol<br />

Education and Rehabilitation<br />

Fund<br />

Municipal Court Alcohol<br />

Education and Rehabilitation<br />

Fund<br />

Mayor Kirson requested that Council address resolution <strong>2012</strong>-167 next since the member is present. Council<br />

unanimously agreed.<br />

Resolution <strong>2012</strong>-167<br />

Parliaros<br />

Appointing a Member to Fill a Vacancy on the Environmental Commission – Terry<br />

Councilmember Bibens moved Resolution <strong>2012</strong>-167, Councilmember Bluth seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

The Mayor thanked Mr. Parliaros for volunteering to serve on the Environmental Commission.<br />

Resolution <strong>2012</strong>-167<br />

June 18, <strong>2012</strong> - 10 -


BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

APPOINTING A MEMBER TO FILL A VACANCY ON THE ENVIRONMENTAL<br />

COMMISSION<br />

WHEREAS, there is a need to fill a vacancy for Alternate #2 on the Environmental Commission; and<br />

WHEREAS, the term for this position is ending December 31, 2013; and<br />

WHEREAS, Terry Parliaros has volunteered to fill the position <strong>of</strong> Alternate #2 on the Environmental<br />

Commission for the term ending December 31, 2013.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that Mr.<br />

Terry Parliaros is hereby appointed to the Environmental Commission <strong>of</strong> <strong>Hightstown</strong> <strong>Borough</strong> as Alternate #2 for the<br />

term ending December 31, 2013.<br />

Resolution <strong>2012</strong>-164 Awarding a Pr<strong>of</strong>essional Services Agreement for Re-Examination <strong>of</strong> the Master<br />

Plan – Tamara Lee Consulting<br />

Council President Quattrone moved Resolution <strong>2012</strong>-164, Councilmember Bibens seconded.<br />

The <strong>Borough</strong> Clerk advised that a Certification <strong>of</strong> Funds was not signed by the CFO for this resolution. George<br />

Lang, CFO, advised that there were no funds budgeted for this expenditure and therefore he could not certify<br />

funds.<br />

Mr. Misiura joined the discussion and noted the time table for the re-examination and the critical need. It was<br />

recommended that the Planning Board scale back the work to be performed this year to fit into what remains <strong>of</strong><br />

what was budgeted in the agreement currently in place and the Planning Board can budget the remainder in next<br />

year’s budget.<br />

Council President Quattrone and Councilmember Bibens withdrew their motions for Resolution <strong>2012</strong>-164.<br />

Mayor Kirson recommended that resolutions <strong>2012</strong>-165 and <strong>2012</strong>-166 be acted upon together; Councilmember<br />

Thibault requested that the resolutions be heard separately.<br />

Resolution <strong>2012</strong>-165 Awarding a Pr<strong>of</strong>essional Services Agreement for Engineering Services Associated<br />

with <strong>Borough</strong> Hall Site Evaluations – Roberts Engineering Group<br />

Councilmember Thibault moved Resolution <strong>2012</strong>-165, Councilmember Bluth seconded.<br />

There was discussion regarding the availability <strong>of</strong> the Shangle and Hunt property on Broad Street and the need<br />

for a Needs Assessment to be performed by a pr<strong>of</strong>essional prior to authorizing funds for Engineering services.<br />

The <strong>Borough</strong> Attorney was directed to check the availability <strong>of</strong> the Shangle and Hunt property.<br />

Councilmember Thibault and Councilmember Bluth withdrew their motions for Resolution <strong>2012</strong>-165.<br />

Resolution <strong>2012</strong>-166 Awarding a Pr<strong>of</strong>essional Services Agreement for Architectural Services Associated<br />

with <strong>Borough</strong> Hall Site Evaluations – Perez & Radosti Associates, P.C.<br />

Councilmember Thibault moved Resolution <strong>2012</strong>-166, Councilmember Doran seconded.<br />

Discussion continued regarding a Needs Assessment and the <strong>Borough</strong> Administrator was directed to have the<br />

Architect perform a Needs Assessment.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

June 18, <strong>2012</strong> - 11 -


Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-166<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING AN AGREEMENT FOR PROFESSIONAL ARCHITECTURAL<br />

SERVICES ASSOCIATED WITH BOROUGH HALL SITE EVALUATIONS – PEREZ<br />

& RADOSTI ASSOCIATES, P.C.<br />

WHEREAS, there exists the need for specialized architectural services for <strong>Borough</strong> Hall site evaluations; and<br />

WHEREAS, Perez & Radosti, P.C. has submitted a proposal to perform architectural services associated with<br />

<strong>Borough</strong> Hall site evaluations; and<br />

WHEREAS, the cost for the proposed services shall not exceed $12,000.00 without further approval by the<br />

<strong>Borough</strong> Council; and,<br />

WHEREAS, the Chief Finance Officer has certified that funds are available for this purpose; and,<br />

WHEREAS, the <strong>Borough</strong> Attorney will review and approve the contract for execution by the <strong>Borough</strong>; and<br />

WHEREAS, the Local Public Contracts Law authorizes the awarding <strong>of</strong> a contract for “pr<strong>of</strong>essional services”<br />

without public advertising for bids and bidding, provided that the Resolution authorizing the contract and the contract<br />

itself are available for public inspection in the <strong>of</strong>fice <strong>of</strong> the Municipal Clerk and that notice <strong>of</strong> the awarding <strong>of</strong> the<br />

contract be published in a newspaper <strong>of</strong> general circulation in the municipality; and<br />

WHEREAS, this contract is specifically for architectural services for <strong>Borough</strong> Hall site evaluations; and<br />

WHEREAS, this contract is intended to be awarded as a “non-fair and open contract” pursuant to and in<br />

accordance with the Local Unit Pay-to-Play Law;<br />

WHEREAS, Perez & Radosti, P.C. has completed and submitted a Business Entity Disclosure Certification<br />

pursuant to the Local Unit Pay-to-Play law (specifically, at N.J.S.A. 19:44A-20.8), and has further submitted a<br />

certification that the firm is in compliance with the <strong>Borough</strong>’s own Pay-to-Play ordinance (Section 2-59 <strong>of</strong> the Revised<br />

General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>);<br />

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, as follows:<br />

1. That the Mayor is authorized to execute and the <strong>Borough</strong> Clerk to attest an Agreement between the<br />

<strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> and Perez & Radosti, P.C. regarding the above-referenced pr<strong>of</strong>essional<br />

architectural services, as set forth herein.<br />

2. That this contract is awarded without competitive bidding as a "Pr<strong>of</strong>essional Service" in accordance<br />

with N.J.S.A. 40A:11-5(1)(a) <strong>of</strong> the Local Public Contracts Law because Perez & Radosti, P.C., is a<br />

firm whose archtiect is authorized by law to practice a recognized pr<strong>of</strong>ession.<br />

3. That this contract is being awarded in accordance with the Local Unit Pay-to-Play Law and Section 2-<br />

59 <strong>of</strong> the Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, and the Business Disclosure<br />

Entity Certification, and other certifications required pursuant to same shall be placed on file with the<br />

contract.<br />

BE IT FURTHER RESOLVED, that a certified copy <strong>of</strong> this Resolution shall be forwarded to Perez & Radosti,<br />

P.C., Architect; George Lang, Chief Financial Officer; and the Contract File.<br />

June 18, <strong>2012</strong> - 12 -


Resolutions <strong>2012</strong>-168, <strong>2012</strong>-169 and <strong>2012</strong>-170 Renewal <strong>of</strong> Alcoholic Beverage Licenses<br />

Council President Quattrone moved resolution <strong>2012</strong>-168, <strong>2012</strong>-169 and <strong>2012</strong>-170 together, Councilmember<br />

Bluth seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolutions adopted 6-0.<br />

Resolution <strong>2012</strong>-168<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING RENEWAL OF ALCOHOLIC BEVERAGE LICENSE #1104-32-001-<br />

006 – WINE DEPOT CORPORATION, T/A HEDY’S LIQUORS AND JOE CANAL’S<br />

DISCOUNT LIQUOR OUTLET<br />

WHEREAS, Wine Depot Corporation has made application to the <strong>Borough</strong> for renewal <strong>of</strong> their Plenary Retail<br />

Consumption License with Broad Package Privilege License #1104-32-001-006, together with the required fees; and<br />

WHEREAS, the State <strong>of</strong> New Jersey Division <strong>of</strong> Taxation has certified, by issuance <strong>of</strong> an ABC Retail Licensee<br />

Clearance Certificate, that Wine Depot Corporation is in compliance with Chapter 161, Laws <strong>of</strong> New Jersey 1995, and<br />

that they have no objections to the renewal <strong>of</strong> this license; and<br />

WHEREAS, the Police Director has been consulted and has no objections to renewal <strong>of</strong> this license;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the<br />

Municipal Clerk is hereby authorized to issue the following Alcoholic Beverage License to Wine Depot Corporation,<br />

doing business as Hedy’s Liquors and Joe Canal’s Discount Liquor Outlet at 500 Mercer Street:<br />

<strong>2012</strong>-13 Plenary Retail Consumption License with Broad Package Privilege<br />

License #1104-32-001-006<br />

Fee: $2,500.00<br />

BE IT FURTHER RESOLVED that a certified copy <strong>of</strong> this resolution be forwarded to the Division <strong>of</strong> Alcoholic<br />

Beverage Control.<br />

Resolution <strong>2012</strong>-169<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING RENEWAL OF ALCOHOLIC BEVERAGE LICENSE #1104-44-002-010 –<br />

FAMILY WINES AND LIQUORS, INC. (T/A HIGHTSTOWN LIQUORS)<br />

WHEREAS, Family Wines and Liquors, Inc. has made application to the <strong>Borough</strong> for renewal <strong>of</strong> their Plenary<br />

Retail Distribution License #1104-44-002-010, together with the required fees; and<br />

WHEREAS, the State <strong>of</strong> New Jersey Division <strong>of</strong> Taxation has certified, by issuance <strong>of</strong> an ABC Retail Licensee<br />

Clearance Certificate, that Family Wines and Liquors, LLC, is in compliance with Chapter 161, Laws <strong>of</strong> New Jersey<br />

1995, and that they have no objections to renewal <strong>of</strong> said license; and<br />

WHEREAS, the Police Director has been consulted and has no objections to renewal <strong>of</strong> this license;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the<br />

Municipal Clerk is hereby authorized to issue the following Alcoholic Beverage License to Family Wines and Liquors,<br />

June 18, <strong>2012</strong> - 13 -


Inc. doing business as <strong>Hightstown</strong> Liquor at 107 Stockton Street:<br />

<strong>2012</strong>-13 Plenary Retail Distribution License<br />

License #1104-44-002-010<br />

Fee: $2,500.00<br />

BE IT FURTHER RESOLVED that a certified copy <strong>of</strong> this resolution be forwarded to the Division <strong>of</strong> Alcoholic<br />

Beverage Control.<br />

Resolution <strong>2012</strong>-170<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING RENEWAL OF ALCOHOLIC BEVERAGE LICENSE #1104-33-003-<br />

008 – TAVERN 103 LLC, T/A TAVERN ON THE LAKE<br />

WHEREAS, Tavern 103 LLC has made application to the <strong>Borough</strong> for renewal <strong>of</strong> their Plenary Retail<br />

Consumption License #1104-33-003-008, together with the required fees; and<br />

WHEREAS, the State <strong>of</strong> New Jersey Division <strong>of</strong> Taxation has certified, by issuance <strong>of</strong> an ABC Retail Licensee<br />

Clearance Certificate, that Tavern 103 LLC is in compliance with Chapter 161, Laws <strong>of</strong> New Jersey 1995, and that they<br />

have no objections to the renewal <strong>of</strong> this license; and<br />

WHEREAS, the Police Director has been consulted and has no objections to renewal <strong>of</strong> this license;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the<br />

Municipal Clerk is hereby authorized to issue the following Alcoholic Beverage License to Tavern 103 LLC, doing<br />

business as Tavern on the Lake at 101-103 Main Street:<br />

<strong>2012</strong>-13 Plenary Retail Consumption License<br />

License #1104-33-003-008<br />

Fee: $2,500.00<br />

BE IT FURTHER RESOLVED that a certified copy <strong>of</strong> this resolution be forwarded to the Division <strong>of</strong> Alcoholic<br />

Beverage Control.<br />

Resolution <strong>2012</strong>-171 Authorizing the Cancellation <strong>of</strong> Tax Balance – 25 Leshin Lane (Block 62.01/Lot 7/Q<br />

T-01)<br />

Councilmember Thibault moved Resolution <strong>2012</strong>-171, Councilmember Doran seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-171<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING THE CANCELLATION OF TAX BALANCE – 25 LESHIN LANE<br />

(BLOCK 62.01/LOT 7/Q T-01)<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> owns a water tower located on Block 62.01, Lot 7, Q T01; and<br />

WHEREAS, the Board <strong>of</strong> Education owns the property on which the water tower is located; and<br />

June 18, <strong>2012</strong> - 14 -


WHEREAS, the tax records <strong>of</strong> the <strong>Borough</strong> include a 2011 tax balance due in the amount <strong>of</strong> $3,020.95 plus<br />

applicable interest due from the East Windsor Regional Board <strong>of</strong> Education; and<br />

WHEREAS, this property has been removed from the tax role for future billings; and<br />

WHEREAS, it is required that the <strong>Borough</strong> Council authorize the cancellation <strong>of</strong> the current balance on the<br />

account and any applicable interest to clear the account.<br />

BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the Tax Collector is hereby<br />

authorized and directed to cancel the 2011 tax balance <strong>of</strong> $3,020.95 plus all applicable interest on the tax role <strong>of</strong><br />

<strong>Hightstown</strong> <strong>Borough</strong> for Block 62.01, Lot 7, Q T01, said property being a water tower owned by the <strong>Borough</strong>.<br />

Resolution <strong>2012</strong>-172 Authorizing an Agreement for Accepting and Processing <strong>of</strong> Septic Waste Water,<br />

Gray Water and/or Fats and Grease – Cella Septic<br />

Council President Quattrone moved Resolution <strong>2012</strong>-172, Councilmember Bibens seconded.<br />

There was discussion regarding the testing <strong>of</strong> waste and fracking.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-172<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING AN AGREEMENT FOR ACCEPTANCE AND PROCESSING OF<br />

SEPTIC WASTE WATER, GRAY WATER AND/OR FATS AND GREASE – CELLA<br />

SEPTIC<br />

WHEREAS, Cella Septic <strong>of</strong> Toms River, New Jersey has requested the use <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

Advanced Wastewater Treatment Plant for delivery <strong>of</strong> septic waste water, gray water and/or fats and grease; and,<br />

WHEREAS, their request has been reviewed and approved by the Superintendent <strong>of</strong> the Advanced Wastewater<br />

Treatment Plant, and they have submitted a signed agreement along with the required Certificate <strong>of</strong> Insurance.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the<br />

agreement with Cella Septic for acceptance and processing <strong>of</strong> septic waste water, gray water and/or fats and grease is<br />

hereby approved, and the Mayor and <strong>Borough</strong> Clerk are authorized to execute same.<br />

Resolution <strong>2012</strong>-173<br />

Authorizing a Refund for Water Usage<br />

Council President Quattrone moved Resolution <strong>2012</strong>-173, Councilmember Woods seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-173<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING A REFUND FOR WATER USAGE<br />

WHEREAS, National Water Main Cleaning Company <strong>of</strong> Newark, New Jersey deposited $140.00 on June 11,<br />

<strong>2012</strong> for water usage; and<br />

June 18, <strong>2012</strong> - 15 -


WHEREAS, the amount <strong>of</strong> water used by National Water Main Cleaning Company totaled $50.00 creating an<br />

overpayment in the amount <strong>of</strong> $90.00; and<br />

WHEREAS, the Water/Sewer Clerk has requested that a refund <strong>of</strong> $90.00 be issued to National Water Main<br />

Cleaning Company <strong>of</strong> Newark, New Jersey.<br />

BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the Treasurer is hereby<br />

authorized and directed to issue a refund in the amount <strong>of</strong> $90.00 to National Water Main Cleaning Company, 875 N.<br />

Summer Avenue, Newark, New Jersey.<br />

Discussion<br />

Amendment to the Affordable Housing Spending Plan<br />

Mayor Kirson reviewed the amended Affordable Housing Spending Plan. Steve Misiura, Planning Board Chair,<br />

<strong>of</strong>fered Planning Board approval and noted that the <strong>Borough</strong> is under a time constraint to submit the revised<br />

spending plan. The <strong>Borough</strong> Planner wants approval to move forward with revising the plan. There was<br />

discussion and the <strong>Borough</strong> Administrator was directed to contact Tamara Lee, the borough Planner and move<br />

forward with the revisions.<br />

Capital Expenditures<br />

Mr. Theokas reviewed the capital needs which included a ro<strong>of</strong> and other mitigation measures at the water plant; a<br />

new copier; time and attendance s<strong>of</strong>tware and hardware; and streets and roads. There was discussion. Mr.<br />

Theokas advised that he would be coming forward with a bond ordinance for the needed capital expenditures.<br />

The Mayor opened the public comment period II and the following individuals spoke:<br />

Eugene Sarafin, 628 S. Main Street – commented regarding Council’s knowledge, learning process and<br />

intelligent discussions.<br />

J P Gibbons, 602 N. Main Street – verified the status <strong>of</strong> resolution <strong>2012</strong>-164 and suggested the<br />

<strong>Borough</strong> consider the rug mill property for <strong>Borough</strong> Hall; inquired why the <strong>Borough</strong> is not just buying<br />

flood insurance for <strong>Borough</strong> Hall; suggested other properties be looked at for <strong>Borough</strong> Hall.<br />

Eugene Sarafin, 628 S. Main Street – sarcastically commented that we should buy the Rug Mill and put<br />

up the Taj Mahal for <strong>Borough</strong> Hall.<br />

There being no more comments, the Mayor closed the public comment period.<br />

Mayor/Council/Administrative Comments and Committee Reports<br />

Councilmember Bibens – noted that she has a meeting with Code Enforcement next week; there was<br />

good discussion tonight.<br />

Councilmember Bluth – commented that she is hopeful that we are finally moving forward with the<br />

passing <strong>of</strong> the resolution and they are thinking out <strong>of</strong> the box and considering modular units as well.<br />

Councilmember Woods– advised that they are beginning to turn <strong>of</strong>f water for delinquent accounts in<br />

compliance with the <strong>Borough</strong> ordinance; tax and water/sewer payments can now be made on line.<br />

There was discussion regarding a third party notification system so invoices are not overlooked, and the<br />

opportunity for payment arrangements.<br />

Councilmember Thibault – requested monthly financial statements; inquired <strong>of</strong> the status on Code<br />

Enforcement help to which Mr. Theokas advised that a part-time assistant was hired; inquired on the<br />

status <strong>of</strong> the taxi ordinance to which the <strong>Borough</strong> Attorney advised that he is working on it and the taxi<br />

and traffic ordinances are forthcoming; inquired as to when the public water/sewer meetings will be<br />

resumed to which Mr. Theokas advised that they are no longer holding public meetings and the<br />

meetings are now taking place with the Administrator, Department Heads and the Council Liaison;<br />

June 18, <strong>2012</strong> - 16 -


noted that the Rug Mill property is seriously deteriorating and should be checked for hazards;<br />

commented that the resolution passed at the last meeting regarding <strong>Borough</strong> Hall substantiates that<br />

Council is looking for cost effective options.<br />

Councilmember Doran – noted that the Planning Board is reviewing the scout project but she is<br />

concerned about signing the approval form without Council review.<br />

Council President Quattrone moved to adjourn at 10:47 pm, Councilmember Bibens seconded. All<br />

ayes.<br />

Respectfully Submitted,<br />

Debra L. Sopronyi, RMC<br />

<strong>Borough</strong> Clerk<br />

June 18, <strong>2012</strong> - 17 -


Meeting Minutes<br />

<strong>Hightstown</strong> <strong>Borough</strong> Council<br />

Regular Meeting<br />

July 2, <strong>2012</strong><br />

7:30 pm<br />

The meeting was called to order by Mayor Kirson at 7:32 pm and he read the Open Public Meetings Act statement<br />

which stated, “Adequate notice <strong>of</strong> this meeting has been given in accordance with the Open Public Meetings Act,<br />

pursuant to Public Law 1975, Chapter 231. Said notice was sent to the Trenton Times and the Windsor-Hights Herald,<br />

and is posted in the <strong>Borough</strong> Clerk’s <strong>of</strong>fice.”<br />

The flag salute followed Roll Call.<br />

Councilmember Bibens<br />

Councilmember Bluth<br />

Councilmember Doran<br />

Councilmember Quattrone<br />

Councilmember Thibault<br />

Councilmember Woods<br />

Mayor Kirson<br />

PRESENT<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

ABSENT<br />

Also in attendance: Debra Sopronyi, <strong>Borough</strong> Clerk; Michael Theokas, <strong>Borough</strong> Administrator; James LeTellier,<br />

Police Director; George Lang, Chief Finance Officer; and Frederick Raffetto, <strong>Borough</strong> Attorney.<br />

Councilmember Thibault moved that the agenda be approved with an amendment which would include his comments<br />

prior to the ordinances and after the approval <strong>of</strong> the minutes, Councilmember Woods seconded.<br />

Mayor Kirson called for a roll call vote on the amended agenda.<br />

Roll Call Vote: Council members Bluth, Doran, Thibault and Woods voted yes; Councilmember Bibens and Council<br />

President Quattrone voted no.<br />

Agenda approved as amended, 4-2.<br />

Council President Quattrone moved the minutes <strong>of</strong> the May 30, <strong>2012</strong>, Special Meeting for approval; Councilmember<br />

Woods seconded.<br />

Roll Call Vote: Council members Bluth, Doran, Quattrone, Thibault and Woods voted yes; Councilmember Bibens<br />

abstained.<br />

Minutes approved 5-0, with one abstention.<br />

Councilmember Woods moved the minutes <strong>of</strong> the June 26, <strong>2012</strong> Open Session for approval; Council President<br />

Quattrone seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes<br />

Minutes approved 6-0.<br />

Council President Quattrone moved the minutes <strong>of</strong> the June 26, <strong>2012</strong> Executive Session for approval; Councilmember<br />

Woods seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, and Woods voted yes; Councilmember Thibault<br />

abstained.<br />

Minutes approved 5-0 with one abstention.<br />

July 2, <strong>2012</strong> - 1 -


Councilmember Thibault Comments<br />

“Looking at those assembled here this evening, I’m sure Council is going to hear a great deal about the article in this<br />

morning’s Trenton Times. And that is as it should be.<br />

I am a passionate advocate for the proposition that the voice <strong>of</strong> the people must be heard. That is why I have<br />

consistently argued against time limits on public participation at Council meetings and why I, along with Council<br />

Member Bluth, hold open public meetings each month. It is also why I along with Council Member Woods, with the<br />

support <strong>of</strong> the rest <strong>of</strong> Council pushed for not one, but two special public meetings on the topic <strong>of</strong> <strong>Borough</strong> Hall.<br />

The topic <strong>of</strong> <strong>Borough</strong> Hall is actually what I want to talk about and I want to thank Council for the opportunity for the<br />

time on the agenda that was denied me by…who or for what reason, I can’t say. I can’t say because I never received a<br />

response to my question as to why my request for time on the agenda was denied. Before I move on to the topic <strong>of</strong><br />

<strong>Borough</strong> Hall, I want to take a minute to reference the Trenton Times article and the issue <strong>of</strong> the Open Public Meetings<br />

Act in general.<br />

First, it is not up to Council President Quattrone or Mayor Kirson to decide what is or isn’t a violation <strong>of</strong> the Open<br />

Public Meetings Act. Neither is it for the two attorneys interviewed for the Times article to pass such judgment.<br />

Attorney Robert Renaud at least recognized that by using words like “generally”. Michael Hartsough, the other<br />

attorney felt no such need to hedge his statement, declaring it was – and I quote – “a no brainer.” Perhaps Mr.<br />

Hartsough neglected to mention to the reporter – or the reporter didn’t think worthy <strong>of</strong> including in the story – is the<br />

fact that Mr. Hartsough’s firm <strong>of</strong> Hartsough, Kenny, Chase & Sullivan and his partner, Gregory Sullivan, represented<br />

the <strong>Borough</strong>, the police department and Officer Ben Miller in my Notice <strong>of</strong> Claim case. Mr. Hartsough’s firm, by the<br />

way, recently lost their appeal in that case.<br />

I will follow Saint Matthew’s advice on this and judge not about the seeming no-brainer conflict <strong>of</strong> interest. I would,<br />

however, suggest that the Times might want to do a bit more vetting <strong>of</strong> sources – especially if an “expert source” might<br />

have been provided to them by someone how might have a political interest in the story.<br />

I was a reporter in college and for several years afterwards. So when I read news articles, I sometimes tend to try to<br />

determine why a reporter took a particular angle on a story or why a particular quote was used. I blame this tendency<br />

on a pr<strong>of</strong>essor who shared imaginary headlines from the end <strong>of</strong> the world. He said the NY Times headline would say:<br />

World Ends; Poor and Third-World Most Affected while the Wall Street Journal would say: World Ends; Markets<br />

Close Sharply Lower. Despite my background in journalism, I am left wondering why the Times would include<br />

something like “at one point Doran wrote to Woods to suggest tweaking language to secure Thibault’s nod.” But then<br />

fail to include anything about what needed to be “tweaked.” It seems to me that readers would want to know what kind<br />

<strong>of</strong> wording demands Thibault might make. I mean, if you set things up like that, it makes sense to give readers the<br />

pay<strong>of</strong>f. Apparently what Council Member Doran was referring to an email I had written that said “I won't support any<br />

language that appears to dismiss the Lucas site out <strong>of</strong> hand.” So why would the paper leave that out? I am still left<br />

wondering.<br />

This brings me to another issue with the article. The article states “The resolutions declared that borough hall should be<br />

located in the central part <strong>of</strong> town.” This is patently not true. The resolution states “all options concerning the location<br />

<strong>of</strong> <strong>Borough</strong> Hall should be reviewed and analyzed; the consensus <strong>of</strong> the council at this time is that <strong>Hightstown</strong> <strong>Borough</strong><br />

Hall is best located in the central part <strong>of</strong> town rather than the outskirts.”<br />

Which brings me back to <strong>Borough</strong> Hall. Council has consistently advocated the investigation <strong>of</strong> all possible options for<br />

the placement <strong>of</strong> <strong>Borough</strong> Hall. Council has also demanded cost analysis for any and all options. Just as consistently,<br />

the Mayor and <strong>Borough</strong> Administrator have apparently withheld information, provided partial information or put<br />

Council <strong>of</strong>f, saying the information just isn’t there. I will discuss specifics <strong>of</strong> this later in the meeting and provide a<br />

timeline <strong>of</strong> events surrounding borough hall.<br />

Again, I thank the council for the opportunity to be heard this evening.”<br />

Ordinance <strong>2012</strong>-07 First Reading and Introduction An Ordinance Amending and Supplementing Section 2-19,<br />

Entitled “Police Department,” <strong>of</strong> the Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” in<br />

order to Create the Position <strong>of</strong> “Special Law Enforcement Officer” and to Prescribe Appropriate Terms,<br />

Conditions and Regulations Associated Therewith.<br />

July 2, <strong>2012</strong> - 2 -


Councilmember Thibault recused himself from discussion and vote on this ordinance, making the following statement:<br />

“On June 25, Mayor Kirson received a letter from the law firm <strong>of</strong> Mets, Schiron and McGovern, the counsel to the<br />

<strong>Hightstown</strong> PBA Local 283 demanding that I be barred from participation in any matter concerning the police<br />

department.” I received a copy <strong>of</strong> the letter by email from the <strong>Borough</strong> Attorney the next day. I have copies <strong>of</strong> the<br />

letter for anyone interested. Lest anyone be concerned that this letter be perceived as a threat, the PBA attorney assures<br />

the Mayor that “We are bringing these matters to your attention with the hopes <strong>of</strong> preventing litigation by the PBA<br />

against the <strong>Borough</strong> and a possible claim under the Local Government Ethics Law.” The issue raised by the letter is<br />

the Notice <strong>of</strong> Claim that has been filed on my behalf against the <strong>Borough</strong> and the Police Department. Officer Benjamin<br />

Miller is also named in my Notice <strong>of</strong> Claim but his name is curiously absent from the letter.<br />

I’ll take a minute to provide some background. In December <strong>of</strong> last year, West Windsor Municipal Court Judge Mary<br />

Brennan ruled that – and I quote – “Police Officer Ben Miller undertook an investigation <strong>of</strong> mayoral candidate Rob<br />

Thibault not only for the purpose <strong>of</strong> discrediting candidate Thibault and influencing the November 2010 <strong>Hightstown</strong><br />

<strong>Borough</strong> election in favor <strong>of</strong> the police department but also in retaliation for the defendant’s exercise <strong>of</strong> his first<br />

amendment right <strong>of</strong> free speech.” Then just last month the Appellate Division <strong>of</strong> Superior Court ruled in my favor,<br />

saying “At the outset <strong>of</strong> the incident, the <strong>of</strong>ficer represented that the stop was random. This was not an accurate<br />

statement. Only after plaintiff pursued the matter and acquired the reports, which defendants sought to withhold, did<br />

the truth emerge. We cannot countenance or reward misstatements designed to mislead a litigant simply by assuming<br />

that the truth will be revealed through the discovery process. Had plaintiff not gained access to the various<br />

investigative reports, he might not have learned the truth about what transpired here. The government cannot<br />

participate in deception and use that conduct as a basis for denying a litigant procedural benefits that enable him or her<br />

to bring a lawsuit against that very defendant.”<br />

Since talking a seat on Council, I have recused myself from any executive session in which anything to do with this<br />

case. I have also abstained from votes relating specifically to the <strong>of</strong>ficer or <strong>of</strong>ficers involved. But that has not been<br />

enough for the PBA. Now they are seeking to achieve what Officer Miller failed to do: intimidate me into obedience<br />

and silence and subvert the voters <strong>of</strong> <strong>Hightstown</strong> by stating that I “should not be allowed to participate in any<br />

matters that involve the Police Department. “ This action by the PBA ill serves its members who serve<br />

pr<strong>of</strong>essionally and adhere to and support the rule <strong>of</strong> law. I cannot imagine that those members support the actions <strong>of</strong><br />

the union anymore than they supported the retaliatory actions <strong>of</strong> Officer Miller.<br />

It pains me to give into such thuggish behavior, but given their blackmail-like threat <strong>of</strong> “litigation by the PBA against<br />

the <strong>Borough</strong>,” I feel it is in the best interests <strong>of</strong> the <strong>Borough</strong> to recuse myself – under strong protests – from issues<br />

concerning the police until I can seek an advisory opinion from the Local Finance Board, the state body responsible for<br />

conflict <strong>of</strong> interest.”<br />

Council President Quattrone moved ordinance <strong>2012</strong>-07 for introduction, Councilmember Bibens seconded.<br />

The Mayor then explained that this ordinance is to add Special Officers to assist our Police Department when needed<br />

and are not replacement Officers. Police Director LeTellier explained that this would be less costly than paying<br />

overtime to regular Officers and summarized the duties that could be covered by the Special Officers.<br />

There was discussion.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, and Woods voted yes; Councilmember Thibault<br />

was recused.<br />

Ordinance introduced 5-0, with one abstention; Public Hearing July 16, <strong>2012</strong>.<br />

Ordinance <strong>2012</strong>-08 First Reading and Introduction An Ordinance Amending and Supplementing Chapter 14,<br />

Entitled “Property Maintenance”, Section 14-10, Entitled “Enforcement and Penalties,” <strong>of</strong> the Revised General<br />

Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey”.<br />

Councilmember Woods moved ordinance <strong>2012</strong>-08 for introduction, Councilmember Bibens seconded.<br />

July 2, <strong>2012</strong> - 3 -


Mr. Theokas explained that this ordinance is adding the title <strong>of</strong> Housing Inspector to the ordinance as one who is<br />

authorized to enforce and issue summonses for violations; there may be a possible change to this title in the future but it<br />

is necessary to add this title for enforcement at this time.<br />

There was discussion.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes<br />

Ordinance introduced 6-0; Public Hearing July 16, <strong>2012</strong>.<br />

Mayor Kirson opened Public Comment Period I and the following individuals spoke:<br />

George Zhelesnik, 7 Ely Court – commented regarding the five year PBA contract; police overtime and specials; the<br />

need for police in the community, the cost <strong>of</strong> a new police facility and the police department cost overall; we should<br />

consolidate.<br />

Frank Rivera, 110 Broad Street – commented regarding <strong>Borough</strong> Hall and funding; Council fiscal responsibility; and<br />

stated that the resolution is so benign.<br />

Eugene Sarafin, 628 S. Main Street – commented that he likes the Special Police ordinance; the headlines in the<br />

Trenton Times; resolution is trivial; OPRA and Sunshine Law; the Governor<br />

J P Gibbons, 602 N. Main Street – commented regarding the five year PBA contract; taxpayer bills and cost controls;<br />

revenue; budget; Route 33 corridor; taxi ordinance; and Housing Inspector.<br />

There being no further comments, the Mayor closed the public comment period.<br />

Resolution <strong>2012</strong>-175<br />

Authorizing the Payment <strong>of</strong> Bills<br />

Council President Quattrone moved Resolution <strong>2012</strong>-175, Councilmember Woods seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-175<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT OF BILLS<br />

WHEREAS, certain bills are due and payable as per itemized claims listed on the following schedules, which are made a part <strong>of</strong> the<br />

minutes <strong>of</strong> this meeting as a supplemental record;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the bills be paid on audit and<br />

approval <strong>of</strong> the <strong>Borough</strong> Administrator, appropriate Department Head and the Treasurer in the amount <strong>of</strong> $110,903.46 from the following<br />

accounts<br />

Current $ 42,929.44<br />

W/S Operating 51,019.96<br />

General Capital 750.00<br />

Water/Sewer Capital 11,247.00<br />

Grant 785.00<br />

Trust 167.95<br />

July 2, <strong>2012</strong> - 4 -


Housing Trust<br />

Animal Control 6.00<br />

Law Enforcement Trust 1,275.11<br />

Housing Rehab Loans<br />

Unemployment Trust<br />

Escrow 2,723.00<br />

Federal Forfeiture<br />

Resolution <strong>2012</strong>-176<br />

PSE&G<br />

Resolution <strong>of</strong> Support Authorizing the Sustainable Jersey Grant Funded by<br />

Councilmember Woods moved Resolution <strong>2012</strong>-176, Councilmember Doran seconded.<br />

Keith LePrevost, on behalf <strong>of</strong> the Environmental Commission, advised that the funds would be used to provide a<br />

rain garden, rain barrels and dry wells to be set up at the Housing Authority to be used to educate residents. The<br />

grant is for $10,000.00 and the project is at no cost to the <strong>Borough</strong>.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-176<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

RESOLUTION OF SUPPORT AUTHORIZING THE SUSTAINABLE JERSEY GRANT<br />

FUNDED BY PSE&G<br />

WHEREAS, a sustainable community seeks to optimize quality <strong>of</strong> life for its residents by ensuring that its<br />

environmental, economic and social objectives are balanced and mutually supportive; and<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> strives to save tax dollars, assure clean land, air and water, improve<br />

working and living environments; and<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> is participating in the Sustainable Jersey Program; and<br />

WHEREAS, one <strong>of</strong> the purposes <strong>of</strong> the Sustainable Jersey Program is to provide resources to municipalities<br />

to make progress on sustainability issues, and they have created a grant program called the Sustainable Jersey Small<br />

Grants funded by PSEG; and<br />

WHEREAS, the Mayor and <strong>Borough</strong> Council <strong>of</strong> The <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> has determined that the<br />

<strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Environmental Commission should apply for the aforementioned Grant.<br />

THEREFORE, BE IT RESOLVED, that the Mayor and <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>,<br />

State <strong>of</strong> New Jersey, authorize the submission <strong>of</strong> the aforementioned Sustainable Jersey Grant funded by PSEG.<br />

Resolution <strong>2012</strong>-177<br />

Appointing a Housing Inspector – Anthony Sturchio<br />

Council President Quattrone moved Resolution <strong>2012</strong>-177, Councilmember Bibens seconded.<br />

Mr. Theokas advised that this position is part-time for 10 to 20 hours per week. There was discussion regarding<br />

scheduling.<br />

July 2, <strong>2012</strong> - 5 -


Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-177<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

APPOINTING A HOUSING INSPECTOR – ANTHONY STURCHIO<br />

WHEREAS, the Mayor and <strong>Borough</strong> Council recognize that there is a need to hire a Housing Inspector to assist<br />

with property maintenance issues; and,<br />

WHEREAS, Mr. Michael Theokas, <strong>Borough</strong> Administrator, has recommended that Anthony Sturchio be<br />

appointed as a Housing Inspector for the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>; and<br />

WHEREAS, Anthony Sturchio is already employed by <strong>Hightstown</strong> <strong>Borough</strong>; and,<br />

WHEREAS, the <strong>Borough</strong> Council finds it in the best interest <strong>of</strong> the health, safety and welfare <strong>of</strong> the residents to<br />

appoint Anthony Sturchio as a Housing Inspector at an hourly rate <strong>of</strong> $20.00.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

Anthony Sturchio is hereby appointed as a Housing Inspector to assist with property maintenance issues at an hourly<br />

rate <strong>of</strong> $20.00.<br />

BE IT FURTHER RESOLVED, that a certified copy <strong>of</strong> this resolution shall be forwarded to the Construction<br />

Official, Anthony Sturchio, Personnel File and Payroll.<br />

Resolution <strong>2012</strong>-178<br />

Authorizing an Employment Agreement with Jill Swanson (Health Officer)<br />

Councilmember Thibault moved Resolution <strong>2012</strong>-178, Council President Quattrone seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-178<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING EMPLOYMENT AGREEMENT WITH JILL SWANSON<br />

OFFICER)<br />

(HEALTH<br />

WHEREAS, Robert Hary, served as Health Officer for the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> since January 1, 2000 and<br />

retired from his position effective June 30, <strong>2012</strong>; and<br />

WHEREAS, due to Mr. Hary’s retirement, the <strong>Borough</strong> Administrator has recommended that Jill Swanson be<br />

appointed to the position <strong>of</strong> Health Officer for <strong>Hightstown</strong> <strong>Borough</strong> effective July 1, <strong>2012</strong>; and<br />

WHEREAS, Ms. Swanson is a duly licensed health <strong>of</strong>ficer possessing the necessary licenses to fulfill the<br />

requirements <strong>of</strong> the statutes and regulations concerning the provision <strong>of</strong> such services; and<br />

WHEREAS, Ms. Swanson is currently employed by the Township <strong>of</strong> West Windsor as its Health Officer; and<br />

WHEREAS, <strong>Hightstown</strong> <strong>Borough</strong> currently has a shared services agreement for health services with West<br />

Windsor Township; and<br />

July 2, <strong>2012</strong> - 6 -


WHEREAS, it is the desire <strong>of</strong> the Mayor and Council to employ Jill Swanson as Health Officer; and<br />

WHEREAS, by the terms <strong>of</strong> the agreement, Ms. Swanson’s salary as Health Officer will be as follows:<br />

July 1, <strong>2012</strong> – June 30, 2013$12,000.00<br />

July 1, 2013 – June 30, 2014 $12,240.00<br />

July 1, 2014 – June 30, 2015 $12,734.50<br />

;and<br />

WHEREAS, it is the intention <strong>of</strong> the Mayor and Council to provide adequate funding for this expenditure in the<br />

2013 budget;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> as follows:<br />

1. The employment agreement with Jill Swanson for the period July 1, <strong>2012</strong> through June 30, 2015,<br />

and the Mayor and <strong>Borough</strong> Clerk are authorized to execute same.<br />

2. Performance under this agreement is subject to the appropriation <strong>of</strong> sufficient funds in the budgets<br />

<strong>of</strong> 2013 and succeeding years.<br />

Resolution <strong>2012</strong>-179 Authorizing the <strong>Hightstown</strong> Police Department to Assume Jurisdiction over the<br />

Wyck<strong>of</strong>f’s Mill Community Private Roads so as to Enforce all Motor Vehicle Laws under Title 39<br />

Councilmember Thibault recused himself form discussion and vote on this resolution.<br />

Council President Quattrone moved Resolution <strong>2012</strong>-179, Councilmember Woods seconded.<br />

There was discussion.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, and Woods voted yes; C ouncilember Thibault was<br />

recused..<br />

Resolution adopted 5-0 with one abstention.<br />

Resolution <strong>2012</strong>-179<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING THE HIGHTSTOWN POLICE DEPARTMENT TO ASSUME<br />

JURISDICTION OVER THE WYCKOFF’S MILL COMMUNITY PRIVATE ROADS<br />

SO AS TO ENFORCE ALL MOTOR VEHICLE LAWS UNDER TITLE 39<br />

WHEREAS, the Wyck<strong>of</strong>f’s Mill Condominium Association has requested that the <strong>Hightstown</strong> Police Department<br />

enforce motor vehicle laws within the development; and,<br />

WHEREAS, N.J.S.A. 39:5A-1 dictates that upon the filing <strong>of</strong> a written request by a person, or by the board <strong>of</strong><br />

directors <strong>of</strong> any corporation, or by the board <strong>of</strong> trustees <strong>of</strong> any corporation or other institution <strong>of</strong> a public or semipublic<br />

character not for pecuniary pr<strong>of</strong>it, incorporated under Title 15 <strong>of</strong> the Revised Statutes, with the clerk <strong>of</strong> any<br />

municipality <strong>of</strong> this State within which the property <strong>of</strong> such person, corporation or institution is situate, that the<br />

provisions <strong>of</strong> subtitle 1, Title 39, <strong>of</strong> the Revised Statutes shall be made applicable to the semipublic or private roads,<br />

streets, driveways, trails, terraces, bridle paths, parkways, parking areas, or other roadways open to or used by the<br />

public, tenants, employees, and the members <strong>of</strong> such institutions for purposes <strong>of</strong> vehicular travel by permission <strong>of</strong> such<br />

persons, corporations, or institutions and not as matter <strong>of</strong> public right, the provisions <strong>of</strong> subtitle 1, Title 39, <strong>of</strong> the<br />

Revised Statutes, shall, in the discretion <strong>of</strong> the municipal authorities vested with the police powers in the locality within<br />

which the property <strong>of</strong> such persons, corporations, or institutions is situate, be made applicable thereto.; and,<br />

July 2, <strong>2012</strong> - 7 -


WHEREAS, Wyck<strong>of</strong>f’s Mill Condominium Association has submitted such a request to the <strong>Borough</strong> Clerk<br />

requesting that the <strong>Hightstown</strong> Police Department assume jurisdiction over the community’s private roads so as to<br />

enforce all motor vehicle laws under Title 39; and,<br />

WHEREAS, the Police Director has reviewed and confirmed that the request received meets the criteria required<br />

in N.J.S.A. 39:5A-1 to allow such assumption; and<br />

WHEREAS, the Mayor and <strong>Borough</strong> Council finds that authorizing the <strong>Hightstown</strong> Police Department to assume<br />

jurisdiction over the community’s private roads so as to enforce all motor vehicle laws under Title 39 will increase the<br />

safety <strong>of</strong> these roadways for all residents <strong>of</strong> the community.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

authorizes the <strong>Hightstown</strong> Police Department to assume jurisdiction over the Wyck<strong>of</strong>f’s Mill Community’s<br />

private roads so as to enforce all motor vehicle laws under Title 39 effective immediately.<br />

Resolution <strong>2012</strong>-180<br />

Disposal, Inc.<br />

Renewing a Contract for Solid Waste Dumpster Service – Sakoutis Brothers<br />

Council President Quattrone moved Resolution <strong>2012</strong>-180, Councilmember Bibens seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-180<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

RENEWING A CONTRACT FOR SOLID WASTE DUMPSTER SERVICE –<br />

SAKOUTIS BROTHERS DISPOSAL, INC.<br />

WHEREAS, four (4) bids were received on June 9, 2010 for Solid Waste Dumpster Service; and,<br />

WHEREAS, the contract was awarded to Sakoutis Brothers Disposal, Inc., <strong>of</strong> Colts Neck, New Jersey at the price<br />

<strong>of</strong> $29,250.00 annually for a one year period; and,<br />

WHEREAS, pursuant to N.J.S. A. 40A:11 – 15 (3) the bid was for a period <strong>of</strong> five (5) years, said contract being<br />

awarded for a period <strong>of</strong> one (1) year with the <strong>Borough</strong> reserving the right to renew at the end <strong>of</strong> each one-year contract<br />

period for a total aggregate contract period <strong>of</strong> five (5) years; and,<br />

WHEREAS, Resolution 2011-154 renewed the contract for an additional year ending on June 30, <strong>2012</strong>; and<br />

WHEREAS, the Purchasing Agent and Public Works Superintendent have reviewed the services provided and<br />

recommend that the contract be renewed for an additional one year period in the amount <strong>of</strong> $29,250.00; and,<br />

WHEREAS, the CFO has certified that funds for this expenditure are available in the <strong>2012</strong> budget; and<br />

WHEREAS, funds for the remainder <strong>of</strong> this contract shall be made available in the 2013 budget; and<br />

WHEREAS, funds for the continuation <strong>of</strong> this contract for the two subsequent years, should the Council decide to<br />

renew, shall be made available in the appropriate year’s budget.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

the contract for Solid Waste Dumpster Service in <strong>Hightstown</strong> <strong>Borough</strong> is hereby renewed with Sakoutis Brother<br />

Disposal, Inc. <strong>of</strong> Colts Neck, New Jersey for a one year period ending June 30, 2013 in the amount <strong>of</strong> $29,250.00<br />

annually with the <strong>Borough</strong> reserving the right to renew each year for a total aggregate contract period <strong>of</strong> five (5)<br />

years.<br />

July 2, <strong>2012</strong> - 8 -


Resolution <strong>2012</strong>-181<br />

Treatment Filter)<br />

Authorizing Payment #1 to Liberty Construction & Development, Inc. (Water<br />

Council President Quattrone moved Resolution <strong>2012</strong>-181, Councilmember Bluth seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-181<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT #1 TO LIBERTY CONSTRUCTION & DEVELOPMENT,<br />

INC. (WATER TREATMENT PLANT FILTER)<br />

WHEREAS, resolution <strong>2012</strong>-114 adopted on April 16, <strong>2012</strong> awarded the contract for the Water Treatment Filter<br />

to Liberty Construction & Development, Inc. <strong>of</strong> Belle Mead, New Jersey in the amount <strong>of</strong> $497,000.00; and<br />

WHEREAS, the contractor has submitted payment request #1 for work related to bonding and insurance<br />

requirements in the total amount <strong>of</strong> $10,780.00; and<br />

WHEREAS, the <strong>Borough</strong> Engineer has recommended approval <strong>of</strong> payment #1 to Liberty Construction &<br />

Development, Inc in the amount <strong>of</strong> $10,780.00; and<br />

WHEREAS, the required certified payrolls have been submitted; and<br />

WHEREAS, the Chief Financial Officer has certified that funds are available for this expenditure.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

Payment Request No. 1 from Liberty Construction & Development, Inc. <strong>of</strong> Belle Mead, New Jersey in the amount <strong>of</strong><br />

$10,780.00 is hereby approved as detailed herein, and the Treasurer is authorized to issue same.<br />

Resolution <strong>2012</strong>-182<br />

Treatment Filter)<br />

Authorizing Payment #1 to Liberty Construction & Development, Inc. (Water<br />

Council President Quattrone moved Resolution <strong>2012</strong>-182, Councilmember Bibens seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-182<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE AND RELEASE OF<br />

AMOUNTS REMAINING IN ESCROW – PEDDIE SCHOOL (BLOCK 28/LOT 42.02)<br />

WHEREAS, in December 2009, Peddie School posted a performance guarantee with the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

in the amount <strong>of</strong> $48,777.86 in the form <strong>of</strong> a bond and cash in the amount <strong>of</strong> $5,419.74, along with escrow monies<br />

relative to work known as a Minor Subdivision East Ward and Main Streets (aka 169 South Main Street), Block 28/Lot<br />

42; and<br />

WHEREAS, Peddie School has requested the release <strong>of</strong> said performance bond and escrow; and<br />

July 2, <strong>2012</strong> - 9 -


WHEREAS, the <strong>Borough</strong> Engineer has inspected the project and has approved said project; and<br />

WHEREAS, $400.00 <strong>of</strong> the remaining escrow funds will be retained for re-inspection prior to the expiration <strong>of</strong><br />

the maintenance guarantee, and release <strong>of</strong> the remaining escrow balance; and<br />

WHEREAS, the release <strong>of</strong> the performance bond and escrow funds are subject to payment <strong>of</strong> all outstanding fees and<br />

accounts.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> as follows:<br />

1. The Clerk is authorized and directed to release to Peddie School the performance bond held<br />

relative to the Planning Board application as detailed herein.<br />

2. The Treasurer is authorized and directed to release to Peddie School the cash portion <strong>of</strong> the<br />

performance bond and all <strong>of</strong> the amounts remaining in the escrow account for this project less the<br />

$400.00 for re-inspection prior to the expiration <strong>of</strong> the maintenance guarantee, subject to<br />

certifications from the <strong>Borough</strong>’s pr<strong>of</strong>essionals that all amounts due to them for this project have<br />

been fully paid.<br />

3. A certified copy <strong>of</strong> this Resolution shall be provided to the following:<br />

a. Peddie School<br />

b. George Lang, Chief Financial Officer<br />

c. Susan Jackson, Planning Board Secretary<br />

d. Carmela Roberts, <strong>Borough</strong> Engineer<br />

f. Gary Rosensweig, Planning Board Attorney<br />

Resolution <strong>2012</strong>-183<br />

Establishing a Finance Department Review Committee<br />

Councilmember Thibault moved Resolution <strong>2012</strong>-183, Council President Quattrone seconded.<br />

Mayor Kirson explained that this committee is being established to review and evaluate the Finance Department<br />

operations.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-183<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

ESTABLISHING A FINANCE/TAX DEPARTMENT REVIEW SUB-COMMITTEE<br />

WHEREAS, the <strong>Borough</strong> Administrator has recommended a review and analysis <strong>of</strong> the Finance/Tax Department;<br />

and,<br />

WHEREAS, the Mayor and <strong>Borough</strong> Council finds that such a review and analysis <strong>of</strong> the Finance/Tax<br />

Department is appropriate; and,<br />

WHEREAS, the <strong>Borough</strong> Council wishes to appoint <strong>Borough</strong> Administrator Michael Theokas, Councilmember<br />

and Administration/Finance Department Liaison Robert Thibault, and Council President Larry Quattrone to serve as a<br />

sub-committee to review and evaluate the Finance/Tax Department.<br />

WHEREAS, this sub-committee shall report its findings to the Mayor and <strong>Borough</strong> Council no later than October<br />

31, <strong>2012</strong>.<br />

NOW THEREFORE BE IT RESOLVED that the <strong>Borough</strong> Council hereby appoints <strong>Borough</strong> Administrator<br />

Michael Theokas, Councilmember and Administration/Finance Department Liaison Robert Thibault, and Council<br />

President Larry Quattrone to serve as a sub-committee to perform a review and analysis <strong>of</strong> the Finance/Tax<br />

Department, said findings to be presented to Council no later than October 31, <strong>2012</strong>.<br />

July 2, <strong>2012</strong> - 10 -


Discussion<br />

Resolution <strong>2012</strong>-153 and <strong>2012</strong>-154<br />

Councilmember Doran noted that she had requested this matter be placed on the agenda for discussion in light <strong>of</strong><br />

the controversy that took place following the adoption <strong>of</strong> these resolutions; she then referenced the Trenton<br />

Times article referencing the e-mail discussion that took place regarding the resolutions. The e-mail discussion<br />

that took place was to push for information that Council has been requesting for months, but has not been getting.<br />

We were making it possible for public discussion. The irony is that this discussion was labeled as back room<br />

politics, which was done in response to back room politics. Council is frustrated and the resolutions are a formal<br />

statement; there was no intent to circumvent the public process and we are sorry if the people feel shut out.<br />

She then inquired <strong>of</strong> the <strong>Borough</strong> Attorney if Council could re-introduce the resolutions at this public meeting so<br />

the public would be a witness to the process. The <strong>Borough</strong> Attorney noted Council’s options: take no action;<br />

confirm their vote; amend the resolution; rescind or repeal the resolution.<br />

Councilmember Thibault commented that this discussion should continue and reviewed the timeline since<br />

Hurricane Irene. He noted that this timeline illustrates that Council has requested information but is not<br />

receiving it in a timely manner. It is very clear that these resolutions are needed.<br />

Councilmember Woods stated that there is a need for the resolutions and the language is broad so it does not<br />

limit the options for <strong>Borough</strong> Hall.<br />

Councilmember Bluth noted that she supports the resolutions.<br />

Council President Quattrone commented that the problem with the resolutions is that Council did not follow<br />

procedure; if they had there would not be a problem now. The procedure is to contact him or the Mayor and<br />

request for items to be placed on the agenda. We need to put this behind us and move forward. The information<br />

Council keeps asking for is received in dribs and drabs, so that is how it is presented; nothing is being withheld<br />

from Council. He was the one who sent the Police Department to the Lucas property after the flood and it was<br />

his decision, the Mayor was out <strong>of</strong> the country at the time. All members <strong>of</strong> Council knew about it from the<br />

emergency meetings and their location is still temporary; <strong>Borough</strong> Hall is a Council decision. Nothing is being<br />

held from Council and we need to move forward.<br />

Councilmember Bibens – noted that she voted in favor <strong>of</strong> the resolutions and is confident that the process is<br />

open. At the end <strong>of</strong> the day it all depends on finances and what is best for 5,000 residents. This is not an<br />

overnight decision and we need to move forward.<br />

Mayor Kirson – explained that the estimates received in 2011 were just that, estimates, while an RFP would be<br />

actual costs. In regards to the flood elevations, the Administration <strong>of</strong>fice is slightly above flood levels while the<br />

remainder <strong>of</strong> the building is way under. The insurance looks at the building as below flood elevations.<br />

Councilmember Thibault – noted that <strong>Hightstown</strong> owns the firehouse, which is closer to Rocky Brook and Peddie<br />

Lake than the <strong>Borough</strong> Hall; should that not also be re-located because it is in the flood zone and free up the area<br />

for commercial development? Also, Downtown <strong>Hightstown</strong>, and GHEWIP recommend the Lucas property on<br />

what basis?<br />

Council President Quattrone – noted that the firehouse houses vehicle which can be removed, not people for<br />

eight hours a day. He stated that he did what he thought was right the night <strong>of</strong> the flood. He believes that the<br />

$500,000.00 deductible must be spent prior to collecting any funds.<br />

<strong>Borough</strong> Administrator Theokas explained the deductible process.<br />

Fred Raffetto, <strong>Borough</strong> Attorney explained the Open Public Meetings Act and noted that Council can vote to<br />

confirm resolutions <strong>2012</strong>-153 and <strong>2012</strong>-154 if they wish.<br />

Resolution <strong>2012</strong>-183A Confirming Resolutions <strong>2012</strong>-153 and <strong>2012</strong>-154<br />

July 2, <strong>2012</strong> - 11 -


Councilmember Doran moved Resolution <strong>2012</strong>-183A, Councilmember Woods seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Thibault and Woods voted yes; Council President Quattrone<br />

voted no.<br />

Resolution adopted 5-1.<br />

Resolution <strong>2012</strong>-183A<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

RESOLUTION CONFIRMING RESOLUTIONS <strong>2012</strong>-153 AND <strong>2012</strong>-154<br />

WHEREAS, on June 4, <strong>2012</strong> the <strong>Borough</strong> Council adopted resolution <strong>2012</strong>-153 which stated that the <strong>Borough</strong><br />

Council finds it in the best interest <strong>of</strong> the public to keep <strong>Borough</strong> Hall centrally located downtown; and<br />

WHEREAS, on June 4, <strong>2012</strong> the <strong>Borough</strong> Council adopted resolution <strong>2012</strong>-154 which requires that <strong>Borough</strong><br />

Council be kept informed on all matters relating to <strong>Borough</strong> Hall; and<br />

WHEREAS, the <strong>Borough</strong> Council wishes to confirm the resolutions as originally presented on at the June 4, <strong>2012</strong><br />

meeting.<br />

NOW THEREFORE BE IT RESOLVED that the <strong>Hightstown</strong> <strong>Borough</strong> Council hereby confirms resolution<br />

<strong>2012</strong>-153 and <strong>2012</strong>-154 as presented on June 4, <strong>2012</strong>.<br />

Hurricane Irene Update<br />

Mr. Theokas noted that we received a small payment from FEMA, in the amount <strong>of</strong> $3,426.83. We have just gotten<br />

notification, so we don’t know exactly where it applies. When that is determined, I will update the spreadsheet.<br />

We are still waiting on the reports from Rick Perez on the needs assessment. As <strong>of</strong> this afternoon, it was not complete.<br />

As soon as it is ready, I will distribute it immediately.<br />

He went on to advise Council that with the help <strong>of</strong> Assemblyman Wayne De Angelo’s <strong>of</strong>fice, we have begun the<br />

process <strong>of</strong> applying for CDBG (Community Development Block Grant) funding through the Department <strong>of</strong><br />

Community Affairs. There may also be an opportunity, if we need it, to finance any disaster related expenses through<br />

the CIA (County Improvement Authority). This would be a low interest loan that would enable us to borrow without a<br />

typical 5% bonding deposit and at a low interest rate.<br />

With the help <strong>of</strong> Senator Lautenberg’s <strong>of</strong>fice, we continue to keep communications open with FEMA on the state level.<br />

As <strong>of</strong> this afternoon, they were attempting to set up a meeting with representatives from FEMA, the state, and the<br />

<strong>Borough</strong>.<br />

In response to some questions previously posed by Council: the proposal from Bertino and Associates from October<br />

was not as a result <strong>of</strong> an RFP, nor did it cost the <strong>Borough</strong> anything. This firm was referred to us from the initial<br />

remediation company, and they <strong>of</strong>fered to do the proposal gratis. Also, the preparation <strong>of</strong> plans from Perez and Radosti<br />

was part <strong>of</strong> the initial, temporary move in plans when the PD was placed there after the Hurricane. There was work<br />

that was necessary at the time, and the plans were completed at the time for future considerations. It was under my<br />

direction that worked was ceased, because <strong>of</strong> the uncertainty <strong>of</strong> the financial picture and because <strong>of</strong> the temporary<br />

nature <strong>of</strong> our lease. I do not have a copy <strong>of</strong> the complete plan at this time, but I do have three estimates for the work,<br />

and they average $100,000.<br />

Mr. Theokas then stated that Council has insinuated that there has been a conspiracy among a wide range <strong>of</strong> people,<br />

which if it were true, would be very impressive. In my position with the <strong>Borough</strong> I fully expect and welcome criticism<br />

<strong>of</strong> my job; but what is being alleged, quite clearly, borders on criminal activity on my part. It is my job to recommend<br />

to Council that if any other employee had been alleged for such behavior and there was pro<strong>of</strong> to back it up, and I felt<br />

strongly enough that the employee was guilty <strong>of</strong> these actions; I would recommend to Council that they look at all their<br />

options. What was said was very serious and it was less about grading my actions, but the allegations <strong>of</strong> willful and<br />

July 2, <strong>2012</strong> - 12 -


planned actions on behalf <strong>of</strong> myself, and that I reached out to many members <strong>of</strong> the community, I have to tell you that<br />

if you feel that is true I recommend that Council review their options. I live in this <strong>Borough</strong> too and stand behind all <strong>of</strong><br />

the actions I have taken in this position. I do believe, in the end, that the best for the <strong>Borough</strong> will come forth<br />

regardless <strong>of</strong> what it is or whose idea it was and how we get there; I would be very proud to be a part <strong>of</strong> that.<br />

Taxi and Traffic Ordinances<br />

Mayor Kirson noted that these ordinances are on the agenda to give Council the time to discuss the<br />

ordinances so they can hopefully be brought forward at the next meeting for introduction.<br />

The <strong>Borough</strong> Attorney reviewed his previous memo and the changes made to the ordinance, noting that<br />

the appropriate items have been moved to the traffic ordinance.<br />

There was discussion regarding a limit on the number <strong>of</strong> taxicabs and the Police Director gave census<br />

data and statistics from the taxi companies. He noted that the company owners are striving to meet all<br />

qualifications to operate legally in the <strong>Borough</strong>. There was further discussion regarding legalizing cabs<br />

so the Police Department can enforce the ordinance and eliminate gypsy cabs. The Police Director<br />

noted that legal cabs are safer and that the police are getting assistance from the legal cabs to get the<br />

gypsy cabs out <strong>of</strong> <strong>Hightstown</strong>; the market will determine the number <strong>of</strong> cabs needed.<br />

After further discussion it was decided that the <strong>Borough</strong> Attorney would work with the Police Director<br />

to revise the ordinances and address the concern regarding enforcement issues. The Police Director<br />

was also charged with determining where the taxi stands would be placed in the <strong>Borough</strong>.<br />

Councilmember Bluth noted that she finds the insurance limits a concern.<br />

The Mayor opened the public comment period II and the following individuals spoke:<br />

Fran Palumbo, 101 Main Street – recommended that the <strong>Borough</strong> look into windmills for revenue, the<br />

gate behind the Tavern has been broken since the hurricane.<br />

J P Gibbons, 602 N. Main Street – commented regarding the explanation on the estimate vs. RFP;<br />

insurance deductibles and FEMA reimbursement; mold in <strong>Borough</strong> Hall; resolution <strong>2012</strong>-183; taxi<br />

ordinance; revenue; Councilmember Thibault should not leave the meeting when he recuses himself.<br />

Scott Caster, 12 Clover Lane – commented regarding police coverage at the High school; finance subcommittee;<br />

Open Public Meetings Act; parking and bicycle ordinance enforcement; degradation <strong>of</strong><br />

downtown; taxi stands; fostering relationships with downtown businesses.<br />

There being no more comments, the Mayor closed the public comment period.<br />

Mayor/Council/Administrative Comments and Committee Reports<br />

Councilmember Thibault – thanked George Lang for a financial statement; outside experts are being<br />

considered for the finance committee; to foster relationships with the businesses maybe the Economic<br />

Development Committee should be resurrected.<br />

Councilmember Bluth – advised that the <strong>Borough</strong> has lost two court employees and we are still<br />

sharing the Robbinsville Court <strong>of</strong>fice; we are in the process <strong>of</strong> hiring a Deputy Court Administrator<br />

Councilmember Doran– inquired as to why the flatbed is still in Association Park. Council President<br />

Quattrone advised her that the truck is broken and they cannot move it. Councilmember Doran noted<br />

that they should at least put up caution tape around it.<br />

Council President Quattrone concurred and noted that a tree limb was dead above it; Mr. Theokas<br />

advised that the Shade Tree Official is looking at the tree so the problem can be resolved.<br />

Councilmember Doran noted that Councilmember Thibault should recuse himself but not leave the<br />

building.<br />

Councilmember Woods – advised that the revised risk maps will be presented to the County on July<br />

12 th and she is attending the meeting.<br />

July 2, <strong>2012</strong> - 13 -


Council President Quattrone – noted that the <strong>Borough</strong> Attorney should make the call regarding<br />

Councilmember Thibault leaving the building; noted Mr. Theokas is doing a great job; thanked the<br />

Police Director for a good job with the cabs; thanked the Clerk for a job well done; thanked the<br />

<strong>Borough</strong> Attorney for the taxi ordinance; noted the concert in the park was very nice; he looks forward<br />

to working on the finance committee and Mr. Theokas understands the process.<br />

Police Director LeTellier – advised that the construction <strong>of</strong> the Route 33 Bridge over Rocky Brook<br />

begins Thursday; reviewed the detours and noted that they are on the <strong>Borough</strong> website; welcomed input<br />

on taxi stands; does not recommend enacting an ordinance that is out <strong>of</strong> compliance with state law.<br />

Council President Quattrone reviewed the monthly police report.<br />

The <strong>Borough</strong> Attorney advised that Council cannot vote on Councilmember Thibault’s conflict <strong>of</strong><br />

interest or ability to stay or recuse himself from any subject matter, it is strictly voluntary.<br />

Councilmember Bibens moved to adjourn at 10:45 pm, Councilmember Woods seconded. All ayes.<br />

Respectfully Submitted,<br />

Debra L. Sopronyi, RMC<br />

<strong>Borough</strong> Clerk<br />

July 2, <strong>2012</strong> - 14 -


Meeting Minutes<br />

<strong>Hightstown</strong> <strong>Borough</strong> Council<br />

Regular Meeting<br />

July 16, <strong>2012</strong><br />

7:30 pm<br />

The meeting was called to order by Mayor Kirson at 7:03 pm and he read the Open Public Meetings Act statement<br />

which stated, “Adequate notice <strong>of</strong> this meeting has been given in accordance with the Open Public Meetings Act,<br />

pursuant to Public Law 1975, Chapter 231. Said notice was sent to the Trenton Times and the Windsor-Hights Herald,<br />

and is posted in the <strong>Borough</strong> Clerk’s <strong>of</strong>fice.”<br />

The flag salute followed Roll Call.<br />

Councilmember Bibens<br />

Councilmember Bluth<br />

Councilmember Doran<br />

Councilmember Quattrone<br />

Councilmember Thibault<br />

Councilmember Woods<br />

Mayor Kirson<br />

PRESENT<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

ABSENT<br />

Also in attendance: Debra Sopronyi, <strong>Borough</strong> Clerk; Michael Theokas, <strong>Borough</strong> Administrator; and Frederick Raffetto,<br />

<strong>Borough</strong> Attorney.<br />

Resolution <strong>2012</strong>-184 Authorizing a Meeting Which Excludes the Public<br />

Councilmember Doran requested that the subject <strong>of</strong> possible contract negotiations for the Shangle & Hunt property be<br />

added to the resolution<br />

Council President Quattrone moved resolution <strong>2012</strong>-184 with the amendment that the subject <strong>of</strong> possible contract<br />

negotiations for the Shangle & Hunt property be added, Councilmember Doran seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibaulr and Woods voted yes.<br />

Resolution adopted, 6-0<br />

Resolution <strong>2012</strong>-184<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING A MEETING WHICH EXCLUDES THE PUBLIC<br />

BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that this body will hold a meeting on<br />

July 16, <strong>2012</strong> at approximately 7:00 pm in the First Aid Building located on Bank Street, <strong>Hightstown</strong> that will be<br />

limited only to consideration <strong>of</strong> an item or items with respect to which the public may be excluded pursuant to section<br />

7b <strong>of</strong> the Open Public Meetings Act.<br />

The general nature <strong>of</strong> the subject or subjects to be discussed:<br />

Contract Negotiations – Possible Shared Services<br />

Possible Contract Negotiations – Shangle & Hunt<br />

Stated as precisely as presently possible the following is the time when and the circumstances under which the<br />

July 16, <strong>2012</strong> - 1 -


discussion conducted at said meeting can be disclosed to the public: October 16, <strong>2012</strong> or when the need for<br />

confidentiality no longer exists.<br />

The public is excluded from said meeting, and further notice is dispensed with, all in accordance with sections 8 and 4a<br />

<strong>of</strong> the Open Public Meetings Act.<br />

The public meeting was called to order by Mayor Kirson at 7:38 pm and he again read the Open Public Meetings Act<br />

statement.<br />

The Flag Salute followed Roll Call.<br />

Councilmember Bibens<br />

Councilmember Bluth<br />

Councilmember Doran<br />

Councilmember Quattrone<br />

Councilmember Thibault<br />

Councilmember Woods<br />

Mayor Kirson<br />

PRESENT<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

ABSENT<br />

James LeTellier, Police Director; George Lang, Chief Finance Officer; and Carmela Roberts, <strong>Borough</strong> Engineer joined<br />

the meeting at this time.<br />

The Mayor asked that the agenda be amended to move resolution <strong>2012</strong>-190 and ordinance <strong>2012</strong>-12 to under<br />

Engineering Items and that ordinance <strong>2012</strong>-11 be removed from the agenda.<br />

Council President Quattrone moved the agenda as amended, Councilmember Doran seconded. All Ayes.<br />

Agenda approved as amended.<br />

Council President Quattrone moved the minutes <strong>of</strong> the June 4, <strong>2012</strong>, Open Session for approval; Councilmember<br />

Thibault seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes<br />

Minutes approved 6-0.<br />

Councilmember Bibens moved the minutes <strong>of</strong> the June 4, <strong>2012</strong> Executive Session for approval; Councilmember Doran<br />

seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, and Woods voted yes; Councilmember Thibault<br />

abstained.<br />

Minutes approved 5-0 with one abstention.<br />

Resolution <strong>2012</strong>-185 Authorizing Payment #2 – Brentwood Industries (Trickling Filter Media)<br />

Councilmember Woods moved resolution <strong>2012</strong>-185, Councilmember Bibens seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted, 6-0<br />

Resolution <strong>2012</strong>-185<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT # 2 – BRENTWOOD INDUSTRIES, INC. (TRICKLING<br />

FILTER PLASTIC MEDIA)<br />

July 16, <strong>2012</strong> - 2 -


WHEREAS, on January 17, <strong>2012</strong>, the <strong>Borough</strong> Council awarded a contract for Trickling Filter Plastic Media to<br />

Brentwood Industries, Inc. <strong>of</strong> Reading, Pennsylvania in the amount <strong>of</strong> $116,870.00; and<br />

and<br />

WHEREAS, the contractor has submitted payment request #2 for work done in the total amount <strong>of</strong> $57,266.30;<br />

WHEREAS, the <strong>Borough</strong> Engineer has recommended approval <strong>of</strong> payment #2 to Brentwood Industries, Inc. in<br />

the amount <strong>of</strong> $57,266.30; and<br />

WHEREAS, the Chief Finance Officer has certified that funds are available for this expenditure.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

Payment Request No. 2 from Brentwood Industries, Inc. <strong>of</strong> Reading, Pennsylvania in the amount <strong>of</strong> $57,266.30 is<br />

hereby approved as detailed herein, and the Treasurer is authorized to issue same.<br />

Resolution <strong>2012</strong>-186 Authorizing Payment #2 – B & H Contracting, Inc. (Post Chlorination Tank)<br />

Council President Quattrone moved resolution <strong>2012</strong>-186, Councilmember Doran seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibaulr and Woods voted yes.<br />

Resolution adopted, 6-0<br />

Resolution <strong>2012</strong>-186<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT # 2 – B & H CONTRACTING, INC. (POST<br />

CHLORINATION TANK)<br />

WHEREAS, on December 19, 2011 the <strong>Borough</strong> Council awarded a contract for the Post Chlorination Tank to B<br />

& H Contracting, Inc, <strong>of</strong> Folsom, New Jersey in the amount <strong>of</strong> $201,950.00; and<br />

and<br />

WHEREAS, the contractor has submitted payment request #2 for work done in the total amount <strong>of</strong> $34,202.00;<br />

WHEREAS, the <strong>Borough</strong> Engineer has recommended approval <strong>of</strong> payment #2 to B & H Contracting, Inc, in the<br />

amount <strong>of</strong> $34,202.00 pending receipt <strong>of</strong> certified payrolls; and<br />

WHEREAS, the Chief Finance Officer has certified that funds are available for this expenditure.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

Payment Request No. 2 from B & H Contracting, Inc, <strong>of</strong> Folsom, New Jersey in the amount <strong>of</strong> $34,202.00 is<br />

hereby approved as detailed herein, and the Acting Treasurer is authorized to issue same<br />

Resolution <strong>2012</strong>-190 Declaring a Default in the Construction <strong>of</strong> the Residential Development Known as<br />

“Enchantment at <strong>Hightstown</strong>,” and Authorizing the <strong>Borough</strong> to Take all Appropriate Actions to Seek<br />

Completion <strong>of</strong> the Outstanding Improvements Through the Developer’s Bonding Company and Performance<br />

Bond<br />

Mayor Kirson recused himself from discussion and vote on this resolution, Council President Quattrone took over the<br />

meeting at this time.<br />

Councilmember Thibault moved resolution <strong>2012</strong>-190, Councilmember Bibens seconded.<br />

The <strong>Borough</strong> Engineer advised that she has recommended that the <strong>Borough</strong> declare default due to the incomplete<br />

construction. The project started in 2004 and there has been no response to her correspondence from the developer for<br />

over a year until after she requested the default declaration, then the developer requested an extension with no firm<br />

completion date; she has prepared a cost estimate for the project’s completion.<br />

July 16, <strong>2012</strong> - 3 -


The <strong>Borough</strong> Attorney confirmed that the <strong>Borough</strong> has taken the proper measures and process to declare the default.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted, 6-0<br />

Resolution <strong>2012</strong>-190<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

A RESOLUTION OF THE BOROUGH OF HIGHTSTOWN DECLARING A DEFAULT IN THE<br />

CONSTRUCTION OF THE RESIDENTIAL DEVELOPMENT KNOWN AS “ENCHANTMENT AT<br />

HIGHTSTOWN,” AND AUTHORIZING THE BOROUGH TO TAKE ALL APPROPRIATE ACTIONS TO<br />

SEEK COMPLETION OF THE OUTSTANDING IMPROVEMENTS THROUGH THE DEVELOPER’S<br />

BONDING COMPANY AND PERFORMANCE BOND.<br />

WHEREAS, construction <strong>of</strong> the residential development known as “Enchantment at <strong>Hightstown</strong>” (the<br />

“Development”) was commenced in or about December <strong>of</strong> 2004; and<br />

WHEREAS, in connection with the approvals granted by the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> (the “<strong>Borough</strong>”) for the<br />

Development, the developer, Enchantment at <strong>Hightstown</strong>, LLC (the “Developer”), a subsidiary <strong>of</strong> Robertson Douglas<br />

Group, was required to post a performance guarantee and a cash guarantee in order to insure the faithful completion <strong>of</strong><br />

all site improvements associated with the Development, in accordance with the requirements <strong>of</strong> the New Jersey<br />

Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.; and<br />

WHEREAS, the performance guarantee was issued by Westchester Fire Insurance Company, and bears Bond<br />

Number KO6685882 (the “Westchester Bond”); and<br />

WHEREAS, though all <strong>of</strong> the residential homes constructed in the Development are now completed and<br />

occupied, certain site improvements remain incomplete and/or require maintenance; and<br />

WHEREAS, during the eight (8) years which have elapsed since the commencement <strong>of</strong> construction <strong>of</strong> the<br />

Development, the Developer has been notified <strong>of</strong> these deficiencies on numerous occasions by the <strong>Borough</strong> Engineer,<br />

but the Developer has failed or refused to take satisfactory corrective actions; and<br />

WHEREAS, the <strong>Borough</strong> believes that the completion <strong>of</strong> the outstanding improvements has taken far too long,<br />

and that the said improvements must be completed as soon as possible in order to ensure the safety and convenience <strong>of</strong><br />

the residents who now reside within the Development; and<br />

WHEREAS, in view <strong>of</strong> the above, the <strong>Borough</strong> hereby wishes to declare the Developer to be in default <strong>of</strong> its<br />

obligations relating to the construction <strong>of</strong> site improvements at the Development; and<br />

WHEREAS, a detailed cost estimate <strong>of</strong> the outstanding improvements, as prepared by the <strong>Borough</strong> Engineer<br />

dated July 6, <strong>2012</strong>, is attached hereto as Exhibit “A” and is made a part here<strong>of</strong>; and<br />

WHEREAS, the total cost to complete the outstanding improvements, as estimated by the <strong>Borough</strong> Engineer, is<br />

$365,726.50; and<br />

WHEREAS, the current amount <strong>of</strong> the Westchester Bond is $1,061,885.40; and<br />

WHEREAS, the <strong>Borough</strong> is also holding ten percent (10%) <strong>of</strong> the amount <strong>of</strong> Westchester Bond in the form <strong>of</strong> a<br />

cash guarantee; and<br />

WHEREAS, in view <strong>of</strong> the Developer’s continued and prolonged failure or refusal to complete the outstanding<br />

improvements, the <strong>Borough</strong> Engineer has recommended that the <strong>Borough</strong> should take all necessary steps to pursue<br />

completion <strong>of</strong> the said improvements by utilizing the Westchester Bond and/or the cash guarantee referenced above;<br />

and<br />

July 16, <strong>2012</strong> - 4 -


WHEREAS, the Mayor and Council wish to endorse the findings and recommendations <strong>of</strong> the <strong>Borough</strong> Engineer,<br />

and wish to authorize the <strong>Borough</strong>, through the <strong>Borough</strong> Attorney, to take appropriate actions to enable the <strong>Borough</strong> to<br />

use the Westchester Bond and/or the cash guarantee referenced above in order to complete the outstanding<br />

improvements at the Development, or to require Westchester Fire Insurance Company to complete the said<br />

improvements on behalf <strong>of</strong> its insured (the Developer).<br />

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, as follows:<br />

1. That the <strong>Borough</strong> hereby declares the Developer to be in default <strong>of</strong> its obligations related to the<br />

construction <strong>of</strong> required improvements at the Development.<br />

2. That the <strong>Borough</strong> hereby authorizes and directs the <strong>Borough</strong> Attorney to take all appropriate<br />

actions to enable the <strong>Borough</strong> to use the Westchester Bond and/or the cash guarantee referenced<br />

above in order to complete the outstanding improvements at the Development, or to require<br />

Westchester Fire Insurance Company to complete the said improvements on behalf <strong>of</strong> its insured<br />

(the Developer).<br />

3.<br />

4. That all other relevant <strong>Borough</strong> <strong>of</strong>ficials and agents are hereby authorized and directed to take all<br />

necessary actions that are consistent with this Resolution.<br />

5.<br />

6. That a certified copy <strong>of</strong> this Resolution shall be provided to each <strong>of</strong> the following:<br />

a. Enchantment at <strong>Hightstown</strong>, LLC<br />

b. Westchester Fire Insurance Company<br />

c. Carmela Roberts, P.E., <strong>Borough</strong> Engineer<br />

d. Frederick C. Raffetto, Esquire, <strong>Borough</strong> Attorney<br />

Mayor Kirson returned to the meeting at this time.<br />

Ordinance <strong>2012</strong>-12 First Reading and Introduction An Ordinance Amending and Supplementing Chapter 25-1, et. seq.<br />

Entitled “Stormwater Control” and Section 26-9 Entitled “Subdivision, Site Plan, Variance and Sign Variance<br />

Checklists for Development Applications Filed Pursuant to <strong>Hightstown</strong> Development Regulations” <strong>of</strong> the Revised<br />

General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey”<br />

Councilmember Doran moved ordinance <strong>2012</strong>-12 for introduction, Council President Quattrone seconded.<br />

The Mayor then explained that the Environmental Commission has been working with the Planning Board to develop<br />

this ordinance and the <strong>Borough</strong> Engineer gave an overview. Barbara Jones, the Environmental Commission Chair,<br />

stated that the purpose <strong>of</strong> this ordinance is to educate and assist the public; an Education Pilot will be located at the<br />

Housing Authority with grant funds. This ordinance does not impose any fees.<br />

There was discussion.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Ordinance introduced 6-0; Public Hearing <strong>August</strong> 6, <strong>2012</strong>.<br />

Ordinance <strong>2012</strong>-12<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 25-1, ET. SEQ. ENTITLED<br />

“STORMWATER CONTROL” AND SECTION 26-9 ENTITLED “SUBDIVISION, SITE PLAN, VARIANCE<br />

AND SIGN VARIANCE CHECKLISTS FOR DEVELOPMENT APPLICATIONS FILED PURSUANT TO<br />

HIGHTSTOWN DEVELOPMENT REGULATIONS” OF THE “REVISED GENERAL ORDINANCES OF<br />

THE BOROUGH OF HIGHTSTOWN, NEW JERSEY.”<br />

July 16, <strong>2012</strong> - 5 -


BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF HIGHTSTOWN, IN THE<br />

COUNTY OF MERCER, NEW JERSEY, that the following amendments are hereby adopted to provide improved<br />

Stormwater Control within <strong>Hightstown</strong> <strong>Borough</strong>:<br />

SECTION 1: Purpose<br />

<strong>Hightstown</strong> <strong>Borough</strong> seeks to improve its Municipal Stormwater Control Ordinance, which is required under the<br />

Municipal Land Use Law (N.J.S.A. 40:55D-93), and N.J.A.C. 7:8-1 et seq., to better achieve its Master Plan goals to<br />

protect the life, health, safety, and property <strong>of</strong> its residents and property owners. The <strong>Borough</strong> requires additional<br />

protections to achieve the objectives <strong>of</strong> its Stormwater Master Plan, which include: reducing flood damage, including<br />

damage to life and property; minimizing stormwater run<strong>of</strong>f from new land disturbance that will aggravate flood<br />

damage; reducing soil erosion from new development and redevelopment; assuring the safety and adequacy <strong>of</strong> culverts<br />

and bridges; inducing water recharge wherever possible; preventing nonpoint pollution wherever possible; maintaining<br />

the integrity <strong>of</strong> stream channels; and minimizing public safety hazards from stormwater detention facilities. These<br />

objectives continue to be <strong>of</strong> paramount importance to <strong>Hightstown</strong> residents and property owners because <strong>of</strong> the<br />

increased intensity and frequency <strong>of</strong> storm events, which continue to negatively affect the <strong>Borough</strong> and pose threats to<br />

life and property.<br />

In addition, <strong>Hightstown</strong>’s Municipal Master Plan and 2005 Reexamination Report continue to promote viable<br />

commercial facilities, a mixed use downtown, economic development, and its vibrant Historic District. These goals<br />

will not be met if the <strong>Borough</strong>’s downtown area continues to flood, suffer from pollution, and have repeated damage to<br />

structures and interrupted business activity. Better management <strong>of</strong> stormwater will assist in the protection <strong>of</strong> all<br />

properties, and in the continued economic viability <strong>of</strong> the <strong>Borough</strong>.<br />

SECTION 2: Amend Section 25-1, Scope and Purpose, as follows:<br />

C. Applicability<br />

1. The ordinance shall be applicable to all site plans and subdivisions for the following major<br />

developments that require preliminary or final site plan or subdivision review:<br />

a. Non-residential major developments; and<br />

b. Aspects <strong>of</strong> residential major developments that are not pre-empted by the Residential Site<br />

Improvement Standards at N.J.A.C. 5:21.<br />

2. This ordinance shall also be applicable to all major developments undertaken by the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>.<br />

3. This ordinance shall also apply to any <strong>Borough</strong> issued Zoning Permits which are not<br />

covered under items 1 and 2 above. The Zoning Officer shall provide a copy <strong>of</strong> all<br />

applications for Zoning permit issued in accordance with this section to the <strong>Borough</strong>’s<br />

Environmental Commission for review and recommendation.<br />

SECTION 3: Amend Section 25-2, Definitions, as follows:<br />

“Major Development” means:.<br />

A. Development without Planning Board Approval:<br />

Any development that provides for the ultimate disturbance <strong>of</strong> 1,000 square feet or more <strong>of</strong> soil, or the<br />

construction or redevelopment <strong>of</strong> 250 square feet or more <strong>of</strong> impervious surface <strong>of</strong> any type for which only a<br />

Zoning Permit is required. Disturbance for the purpose <strong>of</strong> this rule is the placement or<br />

replacement/redevelopment <strong>of</strong> impervious surface; exposure and/or movement <strong>of</strong> soil or bedrock; or clearing,<br />

cutting, or removing <strong>of</strong> all vegetation. Existing residential single-family dwellings and other residential and<br />

non-residential development, which otherwise meet the definition <strong>of</strong> “major development” under this ordinance,<br />

because <strong>of</strong> the amount <strong>of</strong> disturbance, shall be subject to review. by the Environmental Commission, a<br />

subcommittee or a designee there<strong>of</strong>. The Environmental Commission, subcommittee or a designee there<strong>of</strong>, shall<br />

make written recommendations as shall be appropriate regarding non-structural methods, such as rain gardens,<br />

pervious pavement, vegetative swales, etc., to improve stormwater management within the time periods required<br />

July 16, <strong>2012</strong> - 6 -


y law. The Environmental Commission may refer development or redevelopment under this section to the<br />

<strong>Borough</strong> Engineer for stormwater review as needed, in its discretion. Failure <strong>of</strong> the Environmental Commission<br />

to provide recommendations shall not prevent the Zoning Official from issuing permit(s) under the time<br />

period(s) required by law.<br />

B. Development with Planning Board Approval<br />

Any New development and/or redevelopment, which meets the definition <strong>of</strong> “major development” under state<br />

law, in N.J.A.C. 7:8-1.2 (Definitions), i.e. one-quarter acre <strong>of</strong> new impervious cover and/or one acre <strong>of</strong><br />

disturbance, shall be required to comply with the non-structural point system and/or the construction <strong>of</strong><br />

structural stormwater management measures, as specified in Section 25-4 <strong>of</strong> the Revised General Ordinances <strong>of</strong><br />

the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>.<br />

SECTION 4: Amend 25-4 (C), Stormwater Management Requirements for Major Development, as follows:<br />

C. The following linear development projects are exempt from stormwater run<strong>of</strong>f quantity and quality<br />

requirements <strong>of</strong> Sections 4.F and 4.G:<br />

1. The construction <strong>of</strong> an underground utility line, provided that the disturbed areas are revegetated<br />

upon completion;<br />

2. The construction <strong>of</strong> an above ground utility line provided that the existing conditions are<br />

maintained to the maximum extent practicable possible; and/or<br />

3. The construction <strong>of</strong> a public pedestrian access, such as a sidewalk or trail with a maximum width <strong>of</strong><br />

fourteen (14) feet, provided that the access is made <strong>of</strong> permeable material, or provided that an<br />

access made <strong>of</strong> impervious material occurs solely as a replacement for existing material and<br />

no permeable material is practical for this use;<br />

SECTION 5: Amend Section 26-9-1, Checklist for Subdivisions, to add a new section 26-9-14 (h), as follows:<br />

14. Stormwater Management Submission, including the following in accordance with Section 25-9 <strong>of</strong> the<br />

Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>:<br />

h. A Stormwater Management Plan incorporating as many non-structural stormwater<br />

management measures as can feasibly be accommodated on the site, including but not limited to rain<br />

gardens, pervious pavement, rain barrels, native vegetative swales, and the required non-structural<br />

stormwater management strategies incorporated at N.J.A.C. 7:8-5.9(a)1., and an explanation as to why<br />

additional non-structural measures could not be used, subject to the review and approval <strong>of</strong> the<br />

<strong>Borough</strong> Engineer, if so requested by the Planning Board.<br />

SECTION 6: Amend Section 26-9-1(c), Requirements for Minor Subdivision, to add the following to 26-9-1(c) 18:<br />

18. Provisions for collecting and discharging stormwater run<strong>of</strong>f. A composite grading and drainage plan <strong>of</strong><br />

the entire development shall accompany each submission. This plan shall identify finished floor elevations, all<br />

high and low points, breaks in grade, and tentative elevation at the corners <strong>of</strong> the house locations on each lot. A<br />

Stormwater Management Plan incorporating as many non-structural stormwater management measures as can<br />

feasibly be accommodated on the site, including but not limited to rain gardens, pervious pavement, rain<br />

barrels, native vegetative swales, and the required non-structural stormwater management strategies<br />

incorporated at N.J.A.C. 7:8-5.9(a)1., and an explanation as to why additional non-structural measures could<br />

not be used, subject to the review and approval <strong>of</strong> the <strong>Borough</strong> Engineer, if so requested by the Planning Board.<br />

SECTION 7: Add a new section 26-9-2(a) 29(h), Checklist for Site Plans, as follows:<br />

29. Stormwater Management Submission, including the following in accordance with Section 25-9 <strong>of</strong> the<br />

Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>:<br />

h. A Stormwater Management Plan incorporating as many non-structural stormwater<br />

management measures as can feasibly be accommodated on the site, including but not limited to rain<br />

gardens, pervious pavement, rain barrels, native vegetative swales, and the required non-structural<br />

July 16, <strong>2012</strong> - 7 -


stormwater management strategies incorporated at N.J.A.C. 7:8-5.9(a)1., and an explanation as to why<br />

additional non-structural measures could not be used, subject to the review and approval <strong>of</strong> the<br />

<strong>Borough</strong> Engineer, if so requested by the Planning Board.<br />

SECTION 8: Add a new section 26-9-3(a) 11, Checklist for Variances, as follows:<br />

11. A Stormwater Management Plan incorporating as many non-structural stormwater management<br />

measures as can feasibly be accommodated on the site, including but not limited to rain gardens, pervious<br />

pavement, rain barrels, native vegetative swales, and the required non-structural stormwater management<br />

strategies incorporated at N.J.A.C. 7:8-5.9(a)1., and an explanation as to why additional non-structural<br />

measures could not be used, subject to the review and approval <strong>of</strong> the <strong>Borough</strong> Engineer, if so requested by the<br />

Planning Board.<br />

SECTION 9 : Severability<br />

The provisions <strong>of</strong> this Ordinance are severable, and the invalidity <strong>of</strong> any section, subdivision, paragraph or other<br />

wording in this Ordinance shall not affect the validity or effectiveness <strong>of</strong> the remainder <strong>of</strong> this Ordinance.<br />

SECTION 10: Effective Date<br />

This Ordinance shall take effect upon compliance with procedures prescribed by law, including NJSA 40:55D-97 <strong>of</strong> the<br />

Municipal Land Use Law (Submission <strong>of</strong> plan and ordinances to County Planning Board for approval).<br />

<strong>Borough</strong> Hall Presentation<br />

Council members Woods and Thibault gave a presentation regarding the location <strong>of</strong> <strong>Borough</strong> Hall. Councilmember<br />

Woods began by stating that the purpose <strong>of</strong> the presentation is to give basic information and options for <strong>Borough</strong> Hall.<br />

The information presented current property and building sizes and values, as well as estimates for remediation,<br />

restoration and code upgrades. The options available for the restoration <strong>of</strong> the current <strong>Borough</strong> Hall consists <strong>of</strong><br />

restoring, remediating and upgrading the Administration section and demolishing the remainder <strong>of</strong> the building;<br />

restoring, remediating and upgrading the Administration and Police sections and demolishing the garage portion <strong>of</strong> the<br />

building; or demolish and re-build the entire building.<br />

Information regarding the Lucas Property located on Mercer Street was presented. There was a review <strong>of</strong> the current<br />

Use and Occupancy Agreement which covers the rental <strong>of</strong> 3,200 square feet at $3,800.00 per month; the <strong>Borough</strong> has<br />

spent approximately $140,456.00 to renovate the portion <strong>of</strong> the facility in use to fit the needs <strong>of</strong> the Police Department.<br />

The listed purchase price, acreage, facility size and property taxes were also covered.<br />

An additional option regarding modular construction in the Bank Street parking lot owned by Greystone was also<br />

reviewed. The proposal estimates included purchasing the property and the cost <strong>of</strong> modular construction <strong>of</strong> a facility to<br />

meet the needs <strong>of</strong> the <strong>Borough</strong> was presented.<br />

The presentation ended with discussion regarding the <strong>Borough</strong> Hall elevations as performed by Roberts Engineering<br />

and recommended next steps which included a request for the special meeting to identify other possible options and<br />

select the most appropriate option so the <strong>Borough</strong> can move forward.<br />

Mayor Kirson opened Public Comment Period I and the following individuals spoke:<br />

Ronald Kahn, Board <strong>of</strong> Trustees from Enchantment – thanked Council for the resolution declaring the developer in<br />

default on the Enchantment development.<br />

Eugene Sarafin, 628 S. Main Street – thanked Council members Woods and Thibault for summarizing the process todate<br />

and recommended that the Council consider re-sale for whatever they do, because <strong>of</strong> possible consolidation.<br />

There being no further comments, the Mayor closed the public comment period.<br />

Resolution <strong>2012</strong>-187<br />

Authorizing the Installation <strong>of</strong> a Stage at Association Park<br />

Councilmember Doran recused herself from discussion and vote on this resolution.<br />

July 16, <strong>2012</strong> - 8 -


Councilmember Thibault moved Resolution <strong>2012</strong>-187, Councilmember Bibens seconded.<br />

The Mayor opened the floor to comments on this project.<br />

Pat Duncan, Chair <strong>of</strong> the Parks and Recreation Commission reviewed the project and noted that the Planning<br />

Board unanimously recommended that this project move forward. In 2009 the Parks and Recreation Commission<br />

held a ½ day planning session in which they planned to rehabilitate Association Park; said plans would include a<br />

permanent stage in the park as well as playground equipment and benches, a water fountain, trash cans and<br />

interactive talk tubes. The second phase will consist <strong>of</strong> older children playground equipment and is planned for<br />

next year. The design is a nature theme and they have already done landscaping and signs. During the process<br />

the priorities were pathways and a gazebo for the park.<br />

He then continued by giving the history <strong>of</strong> this project: In September 2011 Ryan presented his plan to Council<br />

and was instructed to work with the Parks and Recreation Commission and Planning Board to make the project<br />

happen. Since September, this is the 14 th public meeting at which this project has been discussed. They have<br />

also been working with the Police Director to assure public safety is taken into consideration and the Police<br />

Director’s recommendation is that this stage be placed in Association Park, not Memorial Park where it would be<br />

a safety concern given the traffic and etc. downtown.<br />

Beverly Asselstine <strong>of</strong> the Parks and Recreation Commission then reviewed the planned maintenance procedures and<br />

gave examples <strong>of</strong> how volunteers currently assist with the maintenance <strong>of</strong> parks and the running <strong>of</strong> various events in<br />

the <strong>Borough</strong>. It was also noted that the materials being used to construct the stage was chosen for the limited<br />

maintenance that will be necessary.<br />

Mr. Duncan then addressed the size <strong>of</strong> the stage (390 sq. ft.) and noted that it is only ½ <strong>of</strong> 1% <strong>of</strong> the park and is not out<br />

<strong>of</strong> scope for the size <strong>of</strong> the park. Mr. George Chin, Construction Official for the <strong>Borough</strong>, addressed the Council with a<br />

comparison that the stage would be approximately the size <strong>of</strong> a parking space; he advised that the ro<strong>of</strong> is only seven<br />

feet from overhang to eave and the design will cause minimal visual impact and provided a scale model to the public so<br />

they could see the actual size. Mr. Chin stated that he feels the stage will be unique and become the pride <strong>of</strong><br />

<strong>Hightstown</strong>; it is a great opportunity for the <strong>Borough</strong> to get the project done. Mr. Duncan advised that to be in ADA<br />

compliance, you cannot reduce the size <strong>of</strong> the stage; nor can you put the stage in Memorial Park due to the location <strong>of</strong><br />

sewer mains and drainage issues. Carmela Roberts, <strong>Borough</strong> Engineer, elaborated and noted that Memorial Park is in a<br />

flood zone and in order to build a stage there you would also need DEP approvals.<br />

Mr. Duncan continued that Ryan Lanphear has taken the responsibility <strong>of</strong> this project very seriously and is extremely<br />

pr<strong>of</strong>essional and great to work with. He then thanked Ryan for the project.<br />

Janice Carson, 124 Park Avenue – stated that her property is near the park and she thinks <strong>of</strong> it as her back yard. She<br />

enjoys the activities at the park and commended the design; however she felt that the neighborhood should have been<br />

surveyed. She feels the scale is inappropriate, it should be in the center <strong>of</strong> town, and there is noise at night coming<br />

from the park on occasion.<br />

Martin Patrick, 326 Franklin Street – commented that Association Park is a great community place and it is a shame it<br />

is presently going to waste for lack <strong>of</strong> use; he encouraged Council to approve this project.<br />

Jackie Hart, 106 Orchard – noted that she has known Ryan since he was a young boy and she feels the community<br />

would be sending the wrong message to young adults who are community oriented if they do not approve this project.<br />

Michael Moore, 105 Prospect – commented that he loves the small town feel <strong>of</strong> <strong>Hightstown</strong> and what better way to<br />

portray the image than with this project; he encouraged Council to approve the project.<br />

David Payton, Committee Chair <strong>of</strong> Ryan’s Boy Scout Troop – read the names <strong>of</strong> 26 Eagle Scouts from the troop and<br />

<strong>Hightstown</strong> and noted that the support <strong>of</strong> the community is important. He encouraged Council to approve the project<br />

so Ryan and the community can benefit.<br />

Melanie Alio, 158 Grant Avenue – commented that she loves the concerts in the park; her property is near the park and<br />

she thinks <strong>of</strong> it as her yard, but it is not her yard; it is public property and belongs to the community. She understands<br />

the concerns, but gazebos are not a big draw for hang-outs. This is a great opportunity for <strong>Hightstown</strong>.<br />

July 16, <strong>2012</strong> - 9 -


Lucia Cruse, B11 Garden View Terrace, East Windsor – commented that she supports this project 100% and thinks it<br />

would be great for the community.<br />

Buck Stella, works at 156 Stockton Street –as a former Eagle Scout he congratulated Ryan; and commented that he<br />

feels the project will bring character to <strong>Hightstown</strong> and benefit all residents and civic organizations.<br />

Rev. Heidi Bak, Pastor <strong>of</strong> United Methodist Church – noted that her congregation uses the park during the summer<br />

months and the gazebo will assist community organizations when using the park. She supported the project and <strong>of</strong>fered<br />

the use <strong>of</strong> the church parking lot for overflow parking if needed.<br />

Pam Harper, 400 Dutchneck Road, East Windsor – noted that she has used this park since she was young; she serves on<br />

the committee for the Scouts and the Scouts will assist with cleaning the gazebo as a pack.<br />

Scott Caster, 12 Clover Lane – commented that he was not going to support Ryan and his project but residents called<br />

him; he recalled resistance from residents in the past and noted that this is a neighborhood park and Memorial Park is<br />

not. He supports Ryan’s project.<br />

Sandy Bon Tempo, 114 Park Avenue – noted that this is not about the Scouts, it is about the process; it has always been<br />

thought that a gazebo would be in Memorial Park. The neighbors are concerned that a gazebo will bring more people<br />

into Association Park; surveys could have been given to the residents, this is not fair to the residents.<br />

Stephanie Muller, 25 Sussex Lane, East Windsor – commented that Ryan would like to give back to the community but<br />

is being told not in <strong>Hightstown</strong>; Scouts do not want to come to <strong>Hightstown</strong> to do their projects.<br />

Council then had discussion on the matter.<br />

Councilmember Bibens noted that she is the Liaison to the Parks and Recreation Commission and the meetings are<br />

publicly noticed and on the calendar; the process was open to the public. If residents are concerned, they should attend<br />

the meetings. There is a process and we want the process to work. This project will bring the community together.<br />

Councilmember Woods commented that she is a resident <strong>of</strong> the neighborhood; she raised two children and has fond<br />

memories <strong>of</strong> Association Park. This is a very nice plan that leaves open space and there are a lot <strong>of</strong> activities in<br />

Association Park. She supports this project.<br />

Councilmember Bluth noted that she was originally opposed to the project due to the e-mails she had received; but she<br />

has been won over, especially by Mr. Chin’s explanation.<br />

Councilmember Thibault stated that he received a lot <strong>of</strong> e-mails, but George Chin explained the scale issues and he<br />

can’t see this bringing more noise to the park, he foresees this park having quiet usage. If there is a noise problem,<br />

residents should call the police; but he does not see that happening. This will be a great asset to the <strong>Borough</strong>.<br />

Council President Quattrone noted that after 13 years on Council he realizes, and the residents should realize, that the<br />

park belongs to the community. He thanked Ryan for hanging in there through the required process and wished him<br />

luck. This project has had his support from day one.<br />

Mayor Kirson then thanked everyone for their comments on the project and called for a vote.<br />

Roll Call Vote: Council members Bibens, Bluth, Quattrone, Thibault and Woods voted yes; Councilmember Doran<br />

was recused.<br />

Resolution adopted 5-0, with one abstention.<br />

Resolution <strong>2012</strong>-187<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

July 16, <strong>2012</strong> - 10 -


AUTHORIZING THE INSTALLATION OF A STAGE IN ASSOCIATION PARK<br />

WHEREAS, Ryan Lanphear has approached the <strong>Borough</strong> to build a stage in Association Park as an Eagle Scout<br />

project; and<br />

WHEREAS, Mr. Lanphear has made a presentation to the <strong>Borough</strong> Council, Parks and Recreation Commission, and<br />

Planning Board for the stage in Association Park; and<br />

WHEREAS, the Parks and Recreation Commission has thoroughly reviewed and approved said plan; and<br />

WHEREAS, Mr. Lanphear has made application to the Planning Board, who has thoroughly reviewed said plan and<br />

recommended same to Council for approval; and<br />

WHEREAS, the funds for this project will be provided through fundraising activities designated specifically for this<br />

project by the Boy Scout or for future Parks and Recreation programs and facilities by the Parks and Recreation<br />

Commission; and<br />

WHEREAS, all permits and inspections as required by the Construction Official <strong>of</strong> the <strong>Borough</strong> shall be<br />

implemented as a requirement <strong>of</strong> this project; and<br />

WHEREAS, the rules and regulations associated with the use <strong>of</strong> the stage will be established by the Parks and<br />

Recreation Commission with final approval by the <strong>Borough</strong> Council; and<br />

WHEREAS, the Mayor and Council has thoroughly reviewed and approved said plan and are supportive <strong>of</strong> the<br />

Eagle Scout project, and finds that such a stage would benefit the <strong>Hightstown</strong> <strong>Borough</strong> community.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the<br />

building <strong>of</strong> a stage in Association Park as an Eagle Scout Project, as proposed by Ryan Lanphear, is hereby authorized<br />

and that all permits and inspections as required by the Construction Official <strong>of</strong> the <strong>Borough</strong> shall be implemented as a<br />

requirement <strong>of</strong> this project.<br />

Mayor Kirson called a ten minute recess at 9:45pm. The meeting re-convened at 9:55pm.<br />

Ordinance <strong>2012</strong>-07 Final Reading and Public Hearing An Ordinance Amending and Supplementing Section 2-<br />

19, Entitled “Police Department,” <strong>of</strong> the Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New<br />

Jersey” in order to Create the Position <strong>of</strong> “Special Law Enforcement Officer” and to Prescribe Appropriate<br />

Terms, Conditions and Regulations Associated Therewith.<br />

Councilmember Thibault recused himself from discussion and vote on this ordinance<br />

Mayor Kirson reviewed the ordinance and the Police Director explained the duties <strong>of</strong> the Special Officers and noted<br />

that they are fully trained and more economical; they will be part-time positions which are paid hourly.<br />

The Mayor opened the Public hearing on Ordinance <strong>2012</strong>-07 and the following individuals spoke:<br />

Eugene Sarafin, 628 S. Main Street – inquired whether retired police <strong>of</strong>ficers already collecting pension would be hired<br />

or are you hiring young people who need work.<br />

The Police Director responded that it would depend upon the applications received and who is most qualified; law<br />

details the guidelines.<br />

Mr. Sarafin noted that he objects to hiring retirees, we need to hire young unemployed Police Officers.<br />

Scott Caster, 12 Clover Lane – noted he has faith in Council and trusts them.<br />

George Zhelesnik, 7 Ely Court – noted that he is a retired police <strong>of</strong>ficer and suggested that the special <strong>of</strong>ficer position<br />

be monitored closely over the next couple years so if additional <strong>of</strong>ficers are needed, they get hired. He supports the<br />

ordinance.<br />

The Police Director advised that the ordinance is modeled after state law and that special <strong>of</strong>ficers can only supplement,<br />

not replace, police <strong>of</strong>ficers; they must also be appointed every year.<br />

July 16, <strong>2012</strong> - 11 -


Council President Quattrone moved ordinance <strong>2012</strong>-07 for adoption. Councilmember Bluth seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Quattrone, Thibault and Woods voted yes; Councilmember Thibault<br />

was recused.<br />

Ordinance adopted 5-0, with one abstention.<br />

ORDINANCE <strong>2012</strong>-07<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 2-19, ENTITLED “POLICE<br />

DEPARTMENT,” OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF<br />

HIGHTSTOWN,<br />

NEW JERSEY,” IN ORDER TO CREATE THE POSITION OF “SPECIAL LAW<br />

ENFORCEMENT OFFICER” AND TO PRESCRIBE APPROPRIATE TERMS, CONDITIONS<br />

AND REGULATIONS ASSOCIATED THEREWITH.<br />

WHEREAS, the <strong>Borough</strong> Council (the “<strong>Borough</strong> Council”) <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey, wishes to<br />

create the position <strong>of</strong> “Special Law Enforcement Officer” within the <strong>Borough</strong> and to prescribe appropriate terms,<br />

conditions and regulations associated therewith, in accordance with the provisions <strong>of</strong> the “Special Law Enforcement<br />

Officers’ Act,” N.J.S.A. 40A:14-146.8, et seq.; and<br />

WHEREAS, in connection therewith, the <strong>Borough</strong> Council wishes to amend certain provisions contained within<br />

Section 2-19 <strong>of</strong> the <strong>Borough</strong> Code relating to the <strong>Borough</strong>’s Police Department as set forth herein.<br />

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, that Section 2-19 <strong>of</strong> the “Revised General Ordinances <strong>of</strong><br />

the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is hereby amended and supplemented in the following specific respects<br />

(additions are shown with underline; deletions are shown with strikeout; and editorial notes are shown in [brackets]):<br />

Subsections:<br />

Section 2-19<br />

POLICE DEPARTMENT<br />

2-19.1 Establishment; Composition; Chain <strong>of</strong> Command.<br />

2-19.2 Department Under Control <strong>of</strong> <strong>Borough</strong> Council As the Appropriate Authority.<br />

2-19.3 Police Commissioner.<br />

2-19.4 Police Director.<br />

2-19.5 Duties <strong>of</strong> the Police Department.<br />

2-19.6 Rules and Regulations <strong>of</strong> Department.<br />

2-19.7 Application; Appointments; Probationary Period.<br />

July 16, <strong>2012</strong> - 12 -


2-19.8 Uniforms to be Furnished.<br />

2-19.9 Qualifications for Police Officers.<br />

2-19.10 Residency Requirements.<br />

2-19.11 Oath Required.<br />

2-19.12 (Reserved).<br />

2-19.13 Procedure for Implementation <strong>of</strong> Disciplinary Hearings.<br />

2-19.14 Reimbursement for Legal Costs.<br />

2-19.15 Term <strong>of</strong> Service.<br />

2-19.16 (Reserved). Special Law Enforcement Officers.<br />

2-19.17. Engagement <strong>of</strong> Services <strong>of</strong> Off-Duty Police Officers.<br />

2-19.18. Drug Screening Procedure for Applicants and All Employees <strong>of</strong> the<br />

Police Department.<br />

Subsection 2-19.1<br />

Establishment; Composition; Chain <strong>of</strong> Command.<br />

a. Establishment. The <strong>Borough</strong> Council, as the governing body <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, hereby<br />

creates and establishes, pursuant to N.J.S.A. 40A:14-118, as an executive and enforcement function <strong>of</strong> municipal<br />

government, a police force which shall be known as the Police Department <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

(referred to herein as the “Police Department”). The Police Department shall be governed by the applicable laws<br />

<strong>of</strong> the State <strong>of</strong> New Jersey, this section <strong>of</strong> the <strong>Hightstown</strong> <strong>Borough</strong> Code, other applicable ordinances <strong>of</strong> the<br />

<strong>Borough</strong>, and rules and regulations adopted pursuant thereto.<br />

b. Composition. Under the supervision <strong>of</strong> the civilian Police Director, the composition <strong>of</strong> the Police<br />

Department shall be as follows: a maximum <strong>of</strong> one lieutenant, a maximum <strong>of</strong> three sergeants, a maximum <strong>of</strong> ten<br />

patrol <strong>of</strong>ficers, and any civilian personnel as deemed appropriate by the <strong>Borough</strong> Council. In addition to the<br />

regular members <strong>of</strong> the Police Department, the <strong>Borough</strong> may employ up to Ten (10) Class One special law<br />

enforcement <strong>of</strong>ficers and Class Two special law enforcement <strong>of</strong>ficers in an amount not to exceed 25% <strong>of</strong> sworn<br />

<strong>of</strong>ficers, pursuant to N.J.S.A. 40A:14-146.8, et seq., and Subsection 2-19.16 below.<br />

c. Chain <strong>of</strong> Command. All necessary orders and directives for the management and regulation <strong>of</strong> the<br />

Police Department shall be given through the chain <strong>of</strong> command. The chain <strong>of</strong> command shall be as follows:<br />

1. The <strong>Borough</strong> Council as the Appropriate Authority, pursuant to N.J.S.A. 40A:14-118;<br />

2. The civilian Police Director;<br />

July 16, <strong>2012</strong> - 13 -


3. The lieutenant, if one is then serving;<br />

4. The sergeant(s); and<br />

5. The patrol <strong>of</strong>ficers.; and<br />

6. The special law enforcement <strong>of</strong>ficers, if any.<br />

Subsection 2-19.2<br />

Subsection 2-19.3<br />

Subsection 2-19.4<br />

Subsection 2-19.5<br />

Subsection 2-19.6<br />

Subsection 2-19.7<br />

Department Under Control <strong>of</strong> <strong>Borough</strong> Council As the Appropriate Authority. [No<br />

changes to current text are proposed]<br />

Police Commissioner. [No changes to current text are proposed]<br />

Police Director. [No changes to current text are proposed]<br />

Duties <strong>of</strong> the Police Department. [No changes to current text are proposed]<br />

Rules and Regulations <strong>of</strong> Department. [No changes to current text are proposed]<br />

Application; Appointments; Probationary Period.<br />

a. Application. Any applicant for the position <strong>of</strong> regular or permanent police <strong>of</strong>ficer <strong>of</strong> any rank shall make<br />

written application therefor on forms supplied by the <strong>Borough</strong>, to the Police Director, and at the same time shall<br />

submit such pro<strong>of</strong>s as shall be required with respect to the qualifications as set forth in said application.<br />

Candidates shall be drawn from an eligibility list established through recognized examination and testing<br />

procedures. When deemed appropriate by the <strong>Borough</strong> Council, vacancies or openings may be publicly<br />

advertised.<br />

b. Procedure for Evaluation and Appointment. Applications shall be reviewed by the <strong>Borough</strong><br />

Administrator and the Police Director, along with an ad hoc Police Committee established for the purpose <strong>of</strong><br />

interviewing candidates and making recommendations to the <strong>Borough</strong> Council. The Mayor, along with the<br />

<strong>Borough</strong> Administrator, Police Director and Police Commissioner shall be the members <strong>of</strong> the ad hoc Committee<br />

and the Police Commissioner shall be the Chair. The Council may, in its discretion, appoint another member <strong>of</strong><br />

Council to serve on the ad hoc Committee. Said Police Committee shall then recommend a name or names to the<br />

Council, which may determine to conduct interviews itself, prior to confirming employment. In either case, no<br />

member <strong>of</strong> the Police Department shall be appointed prior to consideration by the Council and formal appointment<br />

by resolution <strong>of</strong> the Council.<br />

c. Probationary Appointment. No person shall be appointed as a regular or permanent member <strong>of</strong> the<br />

<strong>Borough</strong> Police Department prior to demonstrating an aptitude for police employment in the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong> for a period <strong>of</strong> one (1) year, during which time said person shall be known as a probationary police<br />

<strong>of</strong>ficer. During the probationary period, the appointment as a police <strong>of</strong>ficer shall be subject to revocation at any<br />

time on written notice by the Police Director for any cause and without any hearing. The probationary period may<br />

be extended by the <strong>Borough</strong> Council, on written recommendation <strong>of</strong> the Police Director, to a maximum <strong>of</strong> an<br />

additional six (6) months if necessary in order for an <strong>of</strong>ficer to successfully complete a police training course as<br />

prescribed by law.<br />

For purposes <strong>of</strong> this subsection, the probationary period for any police <strong>of</strong>ficer shall be for a period <strong>of</strong> one (1)<br />

year following the candidate's graduation from a police academy, or if the candidate has prior police experience,<br />

said probationary period shall be for one (1) year from the date <strong>of</strong> employment or from the date <strong>of</strong> the successful<br />

completion <strong>of</strong> any police refresher courses required to be taken as a condition <strong>of</strong> employment, which ever shall<br />

occur last. No person shall be appointed or promoted to a command or supervisory position above patrolman or<br />

patrolwoman unless he or she shall have demonstrated an aptitude for such position, which shall be documented in<br />

writing by the Police Director. Candidates for and members <strong>of</strong> the Police Department shall have all other<br />

qualifications prescribed by law.<br />

July 16, <strong>2012</strong> - 14 -


Upon the completion <strong>of</strong> the probationary period, the Police Director shall classify the <strong>of</strong>ficer as a permanent<br />

employee, subject to ratification <strong>of</strong> same by the <strong>Borough</strong> Council, after which time the <strong>of</strong>ficer shall be subject to<br />

the provisions <strong>of</strong> New Jersey law with respect to discipline and removal. Prior to achieving permanent status,<br />

probationary members shall not be considered as regular or permanent members <strong>of</strong> the Department.<br />

Subsection 2-19.8<br />

Uniforms to be Furnished.<br />

Police uniforms shall be furnished to all regular or permanent members <strong>of</strong> the <strong>Borough</strong> Police Department<br />

and shall, at all times, be and remain the property <strong>of</strong> the <strong>Borough</strong>. Upon separation from service for any reason<br />

whatsoever, all uniforms and other equipment and accessories furnished by the <strong>Borough</strong> shall be promptly<br />

returned to the Police Director.<br />

Subsection 2-19.9 Qualifications for Police Officers.<br />

No person shall be appointed as a regular or permanent member <strong>of</strong> the Police Department unless that person<br />

is qualified in accordance with the requirements <strong>of</strong> N.J.S.A. 40A:14-122 and the age requirements set forth in<br />

N.J.S.A. 40A:14-127, et seq. College training and/or degrees in relevant fields <strong>of</strong> law enforcement are desirable<br />

and will be considered favorably in the selection process. In particular, no person shall be eligible or qualified to<br />

be appointed as a regular or permanent police <strong>of</strong>ficer unless, at the time <strong>of</strong> his/her appointment:<br />

a. She/he shall be a citizen <strong>of</strong> the United States and resident <strong>of</strong> the State <strong>of</strong> New Jersey.<br />

b. She/he shall not be less than 21 eighteen (18) years <strong>of</strong> age and shall be sound in body and <strong>of</strong> good health<br />

sufficient to satisfy the Board <strong>of</strong> Trustees <strong>of</strong> the Police and Firemen's Retirement System <strong>of</strong> New Jersey as to<br />

her/his eligibility for membership in the retirement system. Age shall not be considered in the promotion <strong>of</strong> any<br />

<strong>of</strong>ficer to a higher rank.<br />

c. She/he shall demonstrate the ability to read and write the English language intelligently.<br />

d. She/he is <strong>of</strong> good moral character and shall not have been convicted <strong>of</strong> a crime or disorderly persons<br />

<strong>of</strong>fense that, in the judgment <strong>of</strong> the <strong>Borough</strong> Council, would be prejudicial to the morale or the reputation <strong>of</strong> the<br />

Police Department.<br />

e. She/he must successfully pass the required physical fitness examination, drug and alcohol screening,<br />

psychological examination administered by a physician or laboratory <strong>of</strong> the <strong>Borough</strong>'s choosing and be a<br />

successful graduate <strong>of</strong> a certified police academy as she/he may be assigned by the <strong>Borough</strong>. Any drug screening,<br />

psychological or medical examination or physical fitness examination shall be conducted after a conditional <strong>of</strong>fer<br />

<strong>of</strong> employment or promotion has been made by the <strong>Borough</strong>.<br />

Subsection 2-19.10<br />

Residency Requirements.<br />

a. Findings <strong>of</strong> Fact. The <strong>Borough</strong> Council specifically finds that requiring all regular or permanent police<br />

<strong>of</strong>ficers to be residents <strong>of</strong> the <strong>Borough</strong> would seriously impede its ability to establish and maintain competent<br />

personnel for its Police Department and would be in violation <strong>of</strong> N.J.S.A. 40A:14-122.1.<br />

b. Preference in promotions shall be given to residents in accordance with N.J.S.A. 40A:14-122.6, but also<br />

shall be based on merit and fairness.<br />

c. Residency in State. Every regular or permanent member <strong>of</strong> the Police Department shall be a resident <strong>of</strong> the<br />

State <strong>of</strong> New Jersey in accordance with N.J.S.A. 40A:14-122.8.<br />

Subsection 2-19.11<br />

Oath Required. [No changes to current text are proposed]<br />

Subsection 2-19.12(Reserved).<br />

July 16, <strong>2012</strong> - 15 -


Subsection 2-19.13<br />

Subsection 2-19.14<br />

Subsection 2-19.15<br />

Procedure for Implementation <strong>of</strong> Disciplinary Hearings. [No changes to current text are<br />

proposed]<br />

Reimbursement for Legal Costs. [No changes to current text are proposed]<br />

Term <strong>of</strong> Service.<br />

The term <strong>of</strong> service <strong>of</strong> any regular or permanent member <strong>of</strong> the Police Department shall be to the age <strong>of</strong><br />

sixty-five (65) and shall be calculated as beginning on the date <strong>of</strong> formal appointment by the <strong>Borough</strong> Council. If<br />

the minutes or records <strong>of</strong> the <strong>Borough</strong> Council do not disclose such date, the payroll or other records <strong>of</strong> the<br />

<strong>Borough</strong> shall be used to determine it. At the age <strong>of</strong> sixty-five (65) the <strong>of</strong>ficer shall be retired by resolution <strong>of</strong> the<br />

<strong>Borough</strong> Council and his or her services as a police <strong>of</strong>ficer shall be at an end; provided, however, that the <strong>Borough</strong><br />

Council may, in its discretion, continue any <strong>of</strong>ficer temporarily in case <strong>of</strong> emergency, or as the needs and interest<br />

<strong>of</strong> the <strong>Borough</strong> may require, provided said <strong>of</strong>ficer remains qualified for said employment.<br />

Subsection 2-19.16<br />

(Reserved). Special Law Enforcement Officers.<br />

a. Definitions. Whenever any words and phrases are used in this Section, the meanings respectively<br />

ascribed to them in N.J.S.A. 40A:14-146.9 shall be deemed to apply to such words and phrases used herein.<br />

b. Position Established. There is hereby established the position <strong>of</strong> special law enforcement <strong>of</strong>ficer<br />

(also referenced as “special police <strong>of</strong>ficer”) in and for the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>.<br />

c. Determination <strong>of</strong> Eligibility. Before any special law enforcement <strong>of</strong>ficer is appointed, the Police<br />

Director or, in the absence <strong>of</strong> the Director, the Acting Police Director (in accordance with Subsection 2-19.4c<br />

above) shall ascertain the eligibility and qualifications <strong>of</strong> the applicant and report these determinations, in writing,<br />

to the Mayor and Council.<br />

d. Appointment. Special law enforcement <strong>of</strong>ficers may be appointed for terms not to exceed one (1) year,<br />

and the appointments may be revoked by the Mayor and Council for cause, after adequate hearing, unless the<br />

appointment is for four (4) months or less, in which event the appointment may be revoked without cause or<br />

hearing. Nothing herein shall be construed to require reappointment upon the expiration <strong>of</strong> the term. The special<br />

law enforcement <strong>of</strong>ficers so appointed shall not be members <strong>of</strong> the police force <strong>of</strong> the <strong>Borough</strong>, and their powers<br />

and duties shall cease at the expiration <strong>of</strong> the term for which appointed.<br />

e. Qualifications.<br />

1. No person may be appointed as a special law enforcement <strong>of</strong>ficer unless the person:<br />

(a)<br />

Is at least eighteen (18) years <strong>of</strong> age;<br />

(b)<br />

Is a resident <strong>of</strong> the State <strong>of</strong> New Jersey during the term <strong>of</strong> appointment;<br />

(c)<br />

Is able to read, write and speak the English language well and intelligently and<br />

has a high school diploma or its equivalent;<br />

(d)<br />

Is sound in body and <strong>of</strong> good health;<br />

(e)<br />

(f)<br />

(g)<br />

Is <strong>of</strong> good moral character;<br />

Has not been convicted <strong>of</strong> any <strong>of</strong>fense involving dishonesty or which would<br />

make him or her unfit to perform the duties <strong>of</strong> his or her <strong>of</strong>fice; and<br />

Has successfully undergone the same psychological testing that is required <strong>of</strong><br />

all full-time police <strong>of</strong>ficers in the <strong>Borough</strong> or, with regard to a special law<br />

enforcement <strong>of</strong>ficer hired for a seasonal period which required psychological<br />

testing <strong>of</strong> its full-time police <strong>of</strong>ficers, has successfully undergone a program <strong>of</strong><br />

July 16, <strong>2012</strong> - 16 -


July 16, <strong>2012</strong> - 17 -<br />

psychological testing approved by the Police Training Commission (the “Police<br />

Training Commission” or the “Commission”) established in the New Jersey<br />

Department <strong>of</strong> Law and Public Safety, pursuant to N.J.S.A. 52:17B-70.<br />

2. Every applicant for the position <strong>of</strong> special law enforcement <strong>of</strong>ficer shall have fingerprints<br />

taken, which fingerprints shall be filed with the Division <strong>of</strong> State Police and the Federal<br />

Bureau <strong>of</strong> Investigation.<br />

3. No person shall be appointed to serve as a special law enforcement <strong>of</strong>ficer if that person<br />

serves as a special law enforcement <strong>of</strong>ficer in another municipality; nor shall any<br />

permanent, regularly appointed full-time police <strong>of</strong>ficer <strong>of</strong> any other municipality in the<br />

State <strong>of</strong> New Jersey be appointed as a special law enforcement <strong>of</strong>ficer. No public <strong>of</strong>ficial<br />

with responsibility for setting law enforcement policy or exercising authority over the<br />

budget <strong>of</strong> any municipality in the State <strong>of</strong> New Jersey or supervision <strong>of</strong> the Police<br />

Department <strong>of</strong> a municipality in the State <strong>of</strong> New Jersey shall be appointed as a special<br />

law enforcement <strong>of</strong>ficer.<br />

4. Any person who at any time prior to this appointment had served as a duly qualified,<br />

fully trained, full-time <strong>of</strong>ficer in any municipality in the State <strong>of</strong> New Jersey, and who is<br />

separated from that prior service in good standing, shall be eligible to serve as a special<br />

law enforcement <strong>of</strong>ficer consistent with the guidelines promulgated by the Police<br />

Training Commission. If the Police Training Commission waives the training<br />

requirements which are required by statute, the Mayor and Council, if it chooses, may<br />

appoint such person as a special law enforcement <strong>of</strong>ficer.<br />

f. Training Course and Certification Requirements. No person may commence his or her duties as a<br />

special law enforcement <strong>of</strong>ficer unless he or she has successfully completed the training course and certification<br />

requirements <strong>of</strong> N.J.S.A. 40A:14-146.11, unless such training requirements have been waived by the Police<br />

Training Commission.<br />

g. Classification <strong>of</strong> Officers. There are hereby established two (2) classifications <strong>of</strong> special law<br />

enforcement <strong>of</strong>ficers as follows:<br />

1. Class One. Officers <strong>of</strong> this class shall be authorized to perform routine traffic detail,<br />

spectator control and similar duties. Class One <strong>of</strong>ficers shall have the power to issue<br />

summonses for disorderly persons and petty disorderly persons <strong>of</strong>fenses, violations <strong>of</strong><br />

municipal ordinances and violations <strong>of</strong> Title 39 <strong>of</strong> the Revised Statutes. The use <strong>of</strong> a<br />

firearm by an <strong>of</strong>ficer <strong>of</strong> this class shall be strictly prohibited, and no Class One <strong>of</strong>ficer<br />

shall be assigned any duties which may require the carrying or use <strong>of</strong> a firearm.<br />

2. Class Two. Officers <strong>of</strong> this class shall be authorized to exercise full powers and duties<br />

similar to those <strong>of</strong> a permanent, regularly appointed full-time police <strong>of</strong>ficer. The use <strong>of</strong> a<br />

firearm by an <strong>of</strong>ficer <strong>of</strong> this class may be authorized only after the <strong>of</strong>ficer has been fully<br />

certified as successfully completing training as prescribed by the Police Training<br />

Commission.<br />

h. Uniforms. Every special law enforcement <strong>of</strong>ficer prior to the commencement <strong>of</strong> his or her duties shall<br />

be furnished with a uniform which shall identify the <strong>of</strong>ficer’s function. The uniform shall include, but not be<br />

limited to, a hat and appropriate badges which shall bear an identification number or name tag and the name <strong>of</strong> the<br />

<strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>. The uniform shall also include an insignia issued by the Police Training Commission<br />

which clearly indicates the <strong>of</strong>ficer’s status as a special law enforcement <strong>of</strong>ficer and the type <strong>of</strong> certification issued<br />

by the Commission. All special law enforcement <strong>of</strong>ficers prior to the commencement <strong>of</strong> duties shall be in uniform<br />

properly displaying the appropriate insignia.<br />

i. Return <strong>of</strong> Equipment and Uniform Upon Termination. Whenever a special law enforcement <strong>of</strong>ficer’s<br />

appointment is revoked or a special law enforcement <strong>of</strong>ficer is not reappointed upon the expiration <strong>of</strong> the term, the<br />

special law enforcement <strong>of</strong>ficer shall return to the <strong>of</strong>ficer in charge <strong>of</strong> the station house all <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

issued uniforms, badges and equipment within fifteen (15) days <strong>of</strong> the revocation or expiration <strong>of</strong> the term.<br />

j. Firearms. The special law enforcement <strong>of</strong>ficers shall carry and return firearms pursuant to the<br />

guidelines established in N.J.S.A. 40A:146.14(b).


k. Conduct <strong>of</strong> Officers. Special law enforcement <strong>of</strong>ficers shall comply with the rules and regulations<br />

applicable to the conduct and decorum <strong>of</strong> the permanent, regularly appointed police <strong>of</strong>ficers <strong>of</strong> the <strong>Borough</strong>, as<br />

well as any rules and regulations applicable to the conduct and decorum <strong>of</strong> special law enforcement <strong>of</strong>ficers.<br />

l. Performance <strong>of</strong> Duties.<br />

1. A special law enforcement <strong>of</strong>ficer shall be under the supervision and direction <strong>of</strong> the<br />

Police Director or, in the absence <strong>of</strong> the Director, the Acting Police Director (in<br />

accordance with Subsection 2-19.4c above), and shall perform his or her duties only in<br />

the <strong>Borough</strong> unless in fresh pursuit <strong>of</strong> any person pursuant to Chapter 156 <strong>of</strong> Title 2A <strong>of</strong><br />

the New Jersey Statutes.<br />

2. The Police Director or, in the absence <strong>of</strong> the Director, the Acting Police Director (in<br />

accordance with Subsection 2-19.4c above), may authorize special law enforcement<br />

<strong>of</strong>ficers when on duty to exercise the same powers and authority as permanent, regularly<br />

appointed police <strong>of</strong>ficers <strong>of</strong> the <strong>Borough</strong>, including, but not limited to, the carrying <strong>of</strong><br />

firearms and the power to arrest subject to rules and regulations; any such authorization<br />

shall not be inconsistent with the certification requirements <strong>of</strong> Subsection 2-19.16f above.<br />

m. Hours <strong>of</strong> Employment. The provisions <strong>of</strong> N.J.S.A. 40A:14-146.16(a) and (c) regarding the maximum hours <strong>of</strong><br />

employment <strong>of</strong> special law enforcement <strong>of</strong>ficers are hereby incorporated as if stated in full herein.<br />

n. Limitation <strong>of</strong> use <strong>of</strong> <strong>of</strong>ficers. Special law enforcement <strong>of</strong>ficers may be employed only to assist the <strong>Borough</strong>’s<br />

law enforcement unit but may not be employed to replace or substitute for full-time regular police <strong>of</strong>ficers or in any<br />

way to diminish the number <strong>of</strong> full-time <strong>of</strong>ficers employed by the <strong>Borough</strong>.<br />

o. Number <strong>of</strong> Positions Designated.<br />

1. There are hereby created ten (10) positions as special law enforcement <strong>of</strong>ficers<br />

designated as Class One members.<br />

2. There are hereby created positions as special law enforcement <strong>of</strong>ficers designated as<br />

Class Two members that do not exceed 25% <strong>of</strong> the total sworn <strong>of</strong>ficers on the force.<br />

Subsection 2-19.17.<br />

Subsection 2-19.18<br />

Engagement <strong>of</strong> Services <strong>of</strong> Off-Duty Police Officers. [No changes to current text are<br />

proposed]<br />

Drug Screening Procedure for Applicants and All Employees <strong>of</strong> the Police<br />

Department. [No changes to current text are proposed]<br />

BE IT FURTHER ORDAINED, that all other Ordinances or parts <strong>of</strong> Ordinances inconsistent herewith are<br />

hereby repealed to the extent <strong>of</strong> such inconsistencies.<br />

BE IT FURTHER ORDAINED, that in the event that any portion <strong>of</strong> this Ordinance is found to be invalid for<br />

any reason by any Court <strong>of</strong> competent jurisdiction, such judgment shall be limited in its effect only to that portion <strong>of</strong><br />

the Ordinance actually adjudged to be invalid, and the remaining portions <strong>of</strong> this Ordinance shall be deemed severable<br />

therefrom and shall not be affected.<br />

BE IT FURTHER ORDAINED, that this Ordinance shall take effect on upon final passage and publication in<br />

accordance with the law.<br />

Councilmember Thibault returned to the dais at this time.<br />

Ordinance <strong>2012</strong>-08 Final Reading and Public Hearing An Ordinance Amending and Supplementing Chapter<br />

14, Entitled “Property Maintenance”, Section 14-10, Entitled “Enforcement and Penalties,” <strong>of</strong> the Revised<br />

General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey”.<br />

The Mayor opened the Public hearing on Ordinance <strong>2012</strong>-08 and the following individuals spoke:<br />

Eugene Sarafin, 628 S. Main Street – inquired as to what this ordinance was actually doing.<br />

July 16, <strong>2012</strong> - 18 -


Mr. Thoekas responded that this ordinance adds the title <strong>of</strong> Housing Inspector as one who has the ability to enforce<br />

<strong>Borough</strong> code.<br />

Councilmember Woods moved ordinance <strong>2012</strong>-08 for adoption, Councilmember Bibens seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes<br />

Ordinance adopted 6-0.<br />

ORDINANCE <strong>2012</strong>-08<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 14 ENTITLED<br />

“PROPERTY MAINTENANCE”, SECTION 14-10, ENTITLED “ENFORCEMENT AND<br />

PENALTIES,” OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF<br />

HIGHTSTOWN, NEW JERSEY.”<br />

WHEREAS, the Mayor and Council wish to amend certain provisions contained within Chapter 14, Section 14-<br />

10 <strong>of</strong> the <strong>Borough</strong> Code relating to enforcement and penalties as set forth herein.<br />

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, that Chapter 14, Section 14-10 <strong>of</strong> the “Revised General<br />

Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is hereby amended and supplemented as follows (additions are<br />

shown with underline; deletions are shown with strikeout):<br />

Section 14-10<br />

ENFORCEMENT AND PENALTIES<br />

14-10.1 Enforcement <strong>of</strong>ficers. The Construction Official, Fire Inspector, Fire Official, Fire Chief, Electrical<br />

Inspector, Plumbing Inspector, Housing Inspector, Health Officer or his/her designee, Health<br />

Department and all police <strong>of</strong>ficers are authorized enforcement <strong>of</strong>ficers for the purposes <strong>of</strong> enforcing the<br />

provisions <strong>of</strong> this code.<br />

14-10.2 Procedure. Whenever any enforcement <strong>of</strong>ficer determines, after appropriate investigation, that there<br />

exists a violation <strong>of</strong> any provision <strong>of</strong> this chapter, he or she shall give written notice <strong>of</strong> such alleged<br />

violation to the person or persons responsible therefor. Such notice shall include a statement <strong>of</strong> the<br />

reasons for its issuance, and shall be served upon the owner or occupant <strong>of</strong> the premises, or the agent <strong>of</strong><br />

either. Notice shall be deemed to be properly served if a copy there<strong>of</strong> is served upon such person<br />

personally or sent by certified mail or registered mail to has last known address, or posted in a<br />

conspicuous place in or about the premises affected by the notice. Such notice shall state that unless,<br />

within five calendar days from service <strong>of</strong> the notice, the condition complained <strong>of</strong> is abated, a municipal<br />

court summons will be issued and/or the <strong>Borough</strong> will undertake to abate the violation and place a lien<br />

on the property as hereinafter provided. A copy <strong>of</strong> the Notice shall be provided to the <strong>Borough</strong> Clerk.<br />

14-10.3 Special Procedure in Emergency Conditions. Whenever the enforcement <strong>of</strong>ficer finds that an<br />

emergency exists which requires immediate attention to protect the health or safety <strong>of</strong> the public, he or<br />

she may, without notice, issue and order reciting the existence <strong>of</strong> such an emergency and requiring that<br />

such action be taken as he or she deems necessary to meet the emergency. Notwithstanding any other<br />

provisions in this chapter, such order shall be effective immediately. Any person to whom such order is<br />

directed shall comply therewith immediately, but upon petition to the enforcement <strong>of</strong>ficer, shall be<br />

afforded a hearing as soon as possible. In the event that the order is disregarded by the property owner or<br />

person to whom the order is directed, the enforcement <strong>of</strong>ficer shall have the right to notify the <strong>Borough</strong><br />

Clerk for the purpose <strong>of</strong> instituting immediate remedial action, the cost <strong>of</strong> which shall result in a lien on<br />

the premises. After such hearing, the enforcement <strong>of</strong>ficer shall continue such order in effect, or modify<br />

July 16, <strong>2012</strong> - 19 -


or withdraw it.<br />

14-10.4 Violations and Penalties.<br />

a. General Penalty. Any person who shall violate any <strong>of</strong> the provisions <strong>of</strong> this chapter shall be<br />

subject to penalties as set forth in Section 1-5 <strong>of</strong> the Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>. Each violation <strong>of</strong> any <strong>of</strong> the provisions <strong>of</strong> this chapter and each day that such violation<br />

shall continue shall be deemed to be a separate and distinct <strong>of</strong>fense.<br />

b. Lien to be Placed on Property. In addition to the foregoing, and all other remedies available to<br />

the <strong>Borough</strong>, the <strong>Borough</strong> Treasurer, upon appropriate notification from the Mayor and Council<br />

and appropriate certification from the enforcement <strong>of</strong>ficer, shall place a lien on any property<br />

determined by the enforcement <strong>of</strong>ficer to be in violation <strong>of</strong> the provisions <strong>of</strong> this code, in the<br />

amount <strong>of</strong> any and all administrative expenses and any and all actual expenditures for work<br />

necessary in order to maintain the property and/or abate the violation, including the cost <strong>of</strong> removal<br />

<strong>of</strong> any <strong>of</strong>fensive construction materials, refuse, hazards, overhanging objects or any other <strong>of</strong>fending<br />

physical object. The lien placed upon such lands shall be added to and become and form a part <strong>of</strong><br />

the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate<br />

as taxes, and shall be collected and enforced by the same <strong>of</strong>ficers and in the same manner as taxes.<br />

Costs shall be in addition to any penalties imposed for any violation <strong>of</strong> this Chapter.<br />

BE IT FURTHER ORDAINED, that all other Ordinances or parts <strong>of</strong> Ordinances inconsistent herewith are<br />

hereby repealed to the extent <strong>of</strong> such inconsistencies; and<br />

BE IT FURTHER ORDAINED, that in the event that any portion <strong>of</strong> this Ordinance is found to be invalid for<br />

any reason by any Court <strong>of</strong> competent jurisdiction, such judgment shall be limited in its effect only to that portion <strong>of</strong><br />

the Ordinance actually adjudged to be invalid, and the remaining portions <strong>of</strong> this Ordinance shall be deemed severable<br />

there from and shall not be affected; and<br />

BE IT FURTHER ORDAINED, that this Ordinance shall take effect on upon final passage and publication<br />

in accordance with the law.<br />

Ordinance <strong>2012</strong>-09 First Reading and Introduction An Ordinance Amending and Supplementing<br />

Section 4-21, Entitled “Taxicab Licensing,” <strong>of</strong> the “Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, New Jersey.”<br />

Councilmember Woods moved Ordinance <strong>2012</strong>-09 for introduction, Councilmember Bibens seconded.<br />

Councilmember Bluth stated that she feels the insurance limits are too low.<br />

Councilmember Thibault distributed a sheet entitled “Residents per Taxi” and stated that he cannot support the<br />

ordinance when we have 250 residents per taxi; he then referenced census data. Since data from the taxi<br />

companies is not available, he cannot support the ordinance as written.<br />

Councilmember Woods noted that we are limiting the number <strong>of</strong> taxi companies, so we are limiting the number<br />

<strong>of</strong> taxis. If there is a need the cabs will work in town. Licensing the taxis allows enforcement.<br />

Councilmember Doran commented that there does appear to be a difference between <strong>Hightstown</strong> and East<br />

Windsor when it comes to taxis. She feels that bidding extra licenses is unfair; the limit on companies should be<br />

removed but all cabs should be required to be licensed. She agreed that the insurance is too low, but we should<br />

not be limiting licensing.<br />

Councilmember Woods reminded Council that state law requires that a limit be placed on the number <strong>of</strong> taxis<br />

that will be licensed in the municipality.<br />

There was additional discussion regarding the limit on the number <strong>of</strong> cabs and revenue.<br />

Police Director LeTellier advised that there are five companies actively operating in <strong>Hightstown</strong> and East<br />

July 16, <strong>2012</strong> - 20 -


Windsor and limiting the number <strong>of</strong> cab companies guarantees each licensee to make a living. He then explained<br />

the application requirements and noted that he has spoken with the cab companies regarding maintaining records<br />

and they have agreed to do this, it was never enforced before. The Police Director then reviewed the census data<br />

which he had acquired in comparison to the data Councilmember Thibault presented and noted that the market<br />

will regulate the business. He reinforced the fact that there needs to be an ordinance that the police can enforce.<br />

Roll Call Vote: Council members Bibens, Quattrone, and Woods voted yes; Council Members Bluth, Doran and<br />

Thibault voted no. Mayor Kirson broke the tie with a yes vote.<br />

Ordinance Introduced 4-3. Public Hearing to be held on <strong>August</strong> 6, <strong>2012</strong>.<br />

ORDINANCE <strong>2012</strong>-09<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 4-21, ENTITLED “TAXICAB<br />

LICENSING,” OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF<br />

HIGHTSTOWN,<br />

NEW JERSEY.”<br />

WHEREAS, the Mayor and Council wish to amend certain provisions contained within Section 4-21 <strong>of</strong> the<br />

<strong>Borough</strong> Code relating to Taxicab Licensing as set forth herein.<br />

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, that Section 4-21 <strong>of</strong> the “Revised General Ordinances <strong>of</strong><br />

the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is hereby amended and supplemented as follows (additions are shown with<br />

underline; deletions are shown with strikeout):<br />

4-21.1 Definitions.<br />

Section 4-21<br />

TAXICAB LICENSING<br />

As used in this section, the following terms shall have the meanings indicated:<br />

<strong>Borough</strong> shall mean the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>.<br />

Driver shall mean any person who operates a taxicab within the <strong>Borough</strong>, whether or not such person is also the<br />

owner there<strong>of</strong>.<br />

Operation <strong>of</strong> a taxicab shall mean transporting in a taxicab one (1) or more persons for hire. Accepting a<br />

passenger to be transported for hire from a point <strong>of</strong> departure within the <strong>Borough</strong> to a destination within or<br />

without the <strong>Borough</strong> shall be considered "operation <strong>of</strong> a taxicab" within the <strong>Borough</strong>. The "operation <strong>of</strong> a<br />

taxicab" by one other than the owner shall be deemed operation by the owner as well as by the person<br />

actually driving the taxi. The transportation <strong>of</strong> any person other than the owner or driver in any motor<br />

vehicle bearing a sign using the words "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence <strong>of</strong><br />

operation.<br />

Owner shall mean any person, business entity, association or other legal entity in whose name title to any taxicab<br />

is registered with the New Jersey Division <strong>of</strong> Motor Vehicles or who appears in the Division's records to be a<br />

conditional vendee or lessee or has any other proprietary interest in a taxicab.<br />

Police Commissioner shall mean the member <strong>of</strong> the <strong>Borough</strong> Council designated as such on an annual basis by the<br />

Mayor, pursuant to Subsection 2-19.3 <strong>of</strong> the <strong>Borough</strong> Code.<br />

July 16, <strong>2012</strong> - 21 -


Police Director shall mean the person appointed by the Governing Body to serve as the executive head <strong>of</strong> the<br />

Police Department, in accordance with Subsection 2-19.4 <strong>of</strong> the <strong>Borough</strong> Code.<br />

Taxicab or taxi or cab shall mean a motor vehicle used to transport passengers for hire or compensation which<br />

does not operate over a fixed route and is not hired by the day or hour.<br />

4-21.2 Licenses Required.<br />

No person shall operate a taxicab within the <strong>Borough</strong> unless both the owner and the driver <strong>of</strong> the taxicab are licensed<br />

under this section.<br />

4-21.3 Types <strong>of</strong> Licenses.<br />

a. Taxicab Driver’s License. The holder <strong>of</strong> a taxicab driver’s license shall be entitled to operate within the<br />

<strong>Borough</strong> any taxicab whose owner has been licensed under this Section.<br />

b. Taxicab Owner’s License. The holder <strong>of</strong> a taxicab owner’s license shall be entitled to operate a taxicab<br />

owned by him or leased by the licensee within the <strong>Borough</strong>, provided that the person driving the<br />

cab holds a valid taxicab driver’s license.<br />

4-21.4 Licensing <strong>of</strong> Taxicab Owners.<br />

a. The <strong>Borough</strong> will make available on an annual basis a maximum <strong>of</strong> five (5) taxicab owner’s licenses,<br />

subject to the provisions <strong>of</strong> sub-paragraph “b” below. Licenses shall be awarded on a first come,<br />

first served qualifying basis. Those licensees that have been previously licensed by the <strong>Borough</strong><br />

during the prior year and who remain in good standing and who have submitted their statement for<br />

renewal (per the provisions <strong>of</strong> sub-paragraph “i” below) prior to January 1 st , shall be afforded the<br />

first opportunity for re-licensing. All other applicants shall be afforded the opportunity to obtain a<br />

taxicab owner’s license after January 1 st .<br />

b. Should the <strong>Borough</strong> determine to authorize the issuance <strong>of</strong> one or more new or additional taxicab<br />

owner’s licenses beyond the maximum number referenced in sub-paragraph “a” above, then such<br />

issuance shall be authorized by future Ordinance <strong>of</strong> the Governing Body, in accordance with the<br />

following requirements:<br />

1. The disposition <strong>of</strong> new or additional licenses shall be made to the highest qualified<br />

bidder(s) at a sale by public auction for that purpose which is conducted or supervised by<br />

the Municipal Clerk in accordance with N.J.S.A. 48:16-2.3. The public auction shall be<br />

undertaken in accordance with the notice requirements set forth in N.J.S.A. 48:16-2.1.<br />

2. The Ordinance adopted by the Governing Body for this purpose may prescribe certain<br />

requirements, including but not limited to qualifications for prospective bidders, a<br />

minimum bid amount, conditions <strong>of</strong> sale, and the reservation by the <strong>Borough</strong> <strong>of</strong> the right<br />

to reject all bids where the highest bid is not accepted. The Ordinance may also include a<br />

requirement for reimbursement <strong>of</strong> the <strong>Borough</strong> by the successful bidder(s) for any costs<br />

incurred by the <strong>Borough</strong> in complying with the public notice requirements set forth in<br />

N.J.S.A. 48:16-2.1. In such case, should more than one taxi license be issued at the same<br />

public auction, then the recipients there<strong>of</strong> shall equally split the costs <strong>of</strong> reimbursing the<br />

<strong>Borough</strong> for any expenses incurred by the <strong>Borough</strong> in complying with the public notice<br />

requirements.<br />

3. Any license(s) sold through this process shall be subject to all <strong>of</strong> the requirements set<br />

forth in the authorizing Ordinance, as well as all other <strong>Borough</strong> requirements set forth<br />

herein, including the investigation specified in sub-paragraph “d” below.<br />

a c.<br />

Application Information.<br />

July 16, <strong>2012</strong> - 22 -


1. Application for a taxicab owner's license above shall be made to the <strong>Borough</strong> Clerk on<br />

forms provided by her. Any changes to the information included in the application which<br />

occur during the licensing period shall be reported to the <strong>Borough</strong> Clerk within three (3)<br />

calendar days <strong>of</strong> the change.<br />

2. Applications shall be signed and verified by oath or affirmation by the applicant.<br />

Applications by a partnership shall give the information required for each partner and<br />

shall be signed and verified by all partners. Applications by a corporation shall give the<br />

information required for and be signed and verified by all <strong>of</strong>ficers and directors and all<br />

persons holding more than ten (10%) percent <strong>of</strong> the corporation's common stock, as well<br />

as by a person duly authorized to act for the corporation itself.<br />

3. Insurance requirements. Applications received after the effective date <strong>of</strong> this Ordinance for<br />

new licenses or for renewal <strong>of</strong> existing licenses must be accompanied by pro<strong>of</strong> <strong>of</strong><br />

automobile liability insurance coverage which is in effect and issued by a company<br />

licensed and admitted to transact business in the State <strong>of</strong> New Jersey, and acceptable to<br />

the <strong>Borough</strong>, indicating limits <strong>of</strong> liability in amounts not less than the following: $50,000<br />

per person and $100,000 per accident for bodily injury or death and $50,000 per accident<br />

for property damage. Pro<strong>of</strong> <strong>of</strong> insurance must also indicate that insurance coverage<br />

applies to all owned or leased vehicles <strong>of</strong> the applicant or must specify by description all<br />

<strong>of</strong> the vehicles to which the coverage applies. Said pro<strong>of</strong> <strong>of</strong> insurance must also indicate<br />

that the <strong>Borough</strong> will be notified with shall receive advance written notice <strong>of</strong> at least<br />

thirty (30) days advance notice should the coverage be cancelled or non-renewed prior to<br />

any cancellation or non-renewal there<strong>of</strong>, except that no less than ten (10) days advance<br />

written notice shall be provided for non-payment <strong>of</strong> premium. The insurance policy shall<br />

provide for the payment <strong>of</strong> any final judgment recovered by any person on account <strong>of</strong> the<br />

ownership, maintenance, or use <strong>of</strong> the vehicle(s) <strong>of</strong> the applicant, or any fault in respect<br />

thereto, and shall be for the benefit <strong>of</strong> every person suffering loss, damage or injury as<br />

aforesaid. The <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> shall be named as an additional insured on any<br />

insurance policy submitted in accordance with the requirements <strong>of</strong> this section. If the<br />

taxicab owner’s application for license applies to more than one vehicle, the taxicab<br />

owner may satisfy the insurance requirements specified herein through the submission <strong>of</strong><br />

a blanket bond or insurance policy which meets the criteria specified in N.J.S.A. 48:16-4.<br />

4. Information about each taxicab vehicle to be operated under the taxicab owner’s license<br />

shall be provided, including the following:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

Vehicle year, make, model and color <strong>of</strong> vehicle.<br />

Vehicle identification number.<br />

New Jersey State license plate number.<br />

Passenger capacity.<br />

Insurance company, policy number and expiration date.<br />

Name and address <strong>of</strong> vehicle owner if different than applicant.<br />

5. Any person who shall make a false statement in any license application or in any record<br />

or certificate that is required to be filed or maintained shall be subject to rejection <strong>of</strong> the<br />

application submitted and/or to appropriate disciplinary sanctions, including license<br />

suspension or revocation, in addition to any penalty provided under the New Jersey<br />

Criminal Code.<br />

b. d. Investigation; Grant or Denial <strong>of</strong> License Hearing before Council. The Chief <strong>of</strong> Police or a Police<br />

Officer designated by him Police Director or his designee shall investigate the all applications. A<br />

copy <strong>of</strong> the application shall also be provided to the Zoning Officer for review and for a<br />

July 16, <strong>2012</strong> - 23 -


determination that the proposed location <strong>of</strong> the taxi operation does not violate applicable zoning<br />

regulations. A report containing the results <strong>of</strong> the Police investigation and evaluation, a<br />

recommendation by the Chief <strong>of</strong> Police Police Director or his designee that the license be granted<br />

or denied, and the reasons for his such recommendation shall be forwarded to the Council Police<br />

Director (i.e., in cases where the investigation is performed by the Police Director’s designee) and<br />

the Police Commissioner. A report regarding the Zoning Officer’s findings shall also be provided<br />

to the Council Police Director and the Police Commissioner. The <strong>Borough</strong> Clerk shall ensure that<br />

copies <strong>of</strong> these reports are also made available to the applicant. Based upon the findings set forth<br />

in the reports, the Police Director shall determine whether to grant or deny the license. Said<br />

determination shall be rendered in writing and shall be provided to the applicant. In those cases<br />

where the Chief <strong>of</strong> Police or his designee, or the Zoning Officer, has recommended against issuing<br />

the license, the applicant shall be afforded the opportunity for a hearing before the <strong>Borough</strong><br />

Council. Any request for a hearing must be made within ten (10) days <strong>of</strong> the applicant's receipt <strong>of</strong><br />

the applicable report. At the hearing, the applicant shall have the right to be represented by counsel<br />

and will be afforded the opportunity to testify himself or to present witnesses in support <strong>of</strong> his<br />

position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic<br />

record made <strong>of</strong> the proceedings. At the conclusion <strong>of</strong> the hearing, the Council will determine<br />

whether to grant or deny the license.<br />

c. e. Factors Considered. In determining whether to grant or deny the license, the Council Police<br />

Director shall take into consideration the following factors:<br />

1. The character, business and financial responsibility and experience <strong>of</strong> the applicant and<br />

the probability that, if granted a license, the applicant will operate his taxicab(s) in<br />

accordance with the provisions <strong>of</strong> this section.<br />

2. Any other factors directly related to the granting or denial <strong>of</strong> the license which would<br />

substantially affect the public safety or convenience.<br />

d. f. Issuance <strong>of</strong> License. The Council shall, by resolution, grant or deny the license. If the application<br />

is approved by the Police Director, the Clerk Police Department shall issue the license.<br />

e. g. License Term; Fees.<br />

1. A taxicab owner's license shall be valid for the remainder <strong>of</strong> the calendar year for which<br />

it is issued, expiring on December 31 st <strong>of</strong> said year.<br />

2. The license fee shall be fifty ($50.00) one hundred ($100.00) dollars per year or portion<br />

there<strong>of</strong> per vehicle and shall be nonrefundable in the event that the application is denied.<br />

For licenses issued in <strong>2012</strong>, the license fee shall be pro-rated. For licenses issued in 2013<br />

and thereafter, all applicants shall be charged the full nonrefundable license fee amount.<br />

h. In those cases where the license has been denied, the applicant shall be afforded the opportunity for<br />

a hearing before the Police Commissioner. Any request for a hearing must be made within ten (10)<br />

days <strong>of</strong> the applicant's receipt <strong>of</strong> written notice <strong>of</strong> denial from the Police Director. At the hearing,<br />

the applicant shall have the right to be represented by counsel and will be afforded the opportunity<br />

to testify himself or to present witnesses in support <strong>of</strong> his position, to cross-examine opposing<br />

witnesses and, at his own expense, to have a stenographic record made <strong>of</strong> the proceedings.<br />

Following the hearing, the Police Commissioner’s determination shall be final.<br />

f. i. Renewals. A taxicab owner's license may shall be renewed by the Council Police Director without<br />

a hearing upon the licensee's filing with the Chief <strong>of</strong> Police Police Director or his designee a sworn<br />

notarized statement certifying that there have been no changes in the information contained in the<br />

initial application and upon the completion <strong>of</strong> the investigation set forth in paragraph (d) above<br />

indicating results that are satisfactory to the Police Director.<br />

j. Any change(s) in the information contained within the owner’s license application shall be reported<br />

to the <strong>Borough</strong> Clerk within three (3) business days there<strong>of</strong>. A charge in the amount <strong>of</strong> twenty-five<br />

July 16, <strong>2012</strong> - 24 -


($25.00) dollars shall be levied for each business day after three days that any such changes are not<br />

reported to the <strong>Borough</strong>.<br />

4-21.5 Licensing <strong>of</strong> Taxicab Drivers.<br />

a. Applications.<br />

1. Application for a taxicab driver's license shall be made annually to the <strong>Borough</strong> Clerk<br />

upon forms provided by her that <strong>of</strong>fice, and shall be forwarded to the Chief <strong>of</strong> Police<br />

Police Director for investigation and approval processing, screening and determination.<br />

Applications shall be completed by the applicant in the presence <strong>of</strong> the <strong>Borough</strong> Clerk or<br />

her designee, and shall be taken in the Clerk’s <strong>of</strong>fice only, during days and hours<br />

established by the Clerk. Except as hereinafter provided, applicants shall have the<br />

following minimum qualifications:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

Applicant must be over twenty-one (21) years <strong>of</strong> age.<br />

Applicant must be a United States citizen or a legal resident alien. A copy <strong>of</strong><br />

the alien registration card or work permit must be submitted with the<br />

application.<br />

Applicant must possess a valid New Jersey driver's license.<br />

Applicant must supply a certification from a licensed physician, on a form to be<br />

provided by the <strong>Borough</strong> Clerk, indicating that the applicant has been examined<br />

within the past sixty (60) days and is in sound physical condition, has eyesight<br />

corrected to 20/20 vision and is not subject to any infirmity <strong>of</strong> body or mind<br />

which might render the applicant unfit for safe operation <strong>of</strong> a vehicle for hire.<br />

Applicant must certify that he/she is not addicted to the use <strong>of</strong> narcotics or<br />

intoxicating liquors.<br />

Applicant must be able to read, write and understand the English language and<br />

speak the English language sufficiently to converse with the general public, to<br />

understand highway traffic signs and signals in the English language, to<br />

respond to <strong>of</strong>ficial inquiries, and to make entries on reports and records.<br />

Applicants must not have been convicted <strong>of</strong> any crime involving moral<br />

turpitude be fingerprinted by the Police Department and submit to the<br />

performance <strong>of</strong> a criminal history record background check (both State and<br />

Federal). All costs associated with administering and processing the<br />

background check(s) shall paid by the applicant. An applicant shall be<br />

disqualified from operating or driving a taxi within the <strong>Borough</strong>, and shall not<br />

be issued a taxicab driver’s license, if a criminal history record background<br />

check reveals a record <strong>of</strong> conviction <strong>of</strong> any <strong>of</strong> the following crimes as having<br />

been committed by the applicant in New Jersey or elsewhere, or a record <strong>of</strong><br />

conviction <strong>of</strong> a crime in another jurisdiction in the world which, in that<br />

jurisdiction, is comparable to any <strong>of</strong> the following crimes:<br />

(1) Aggravated assault;<br />

(2) Arson;<br />

(3) Burglary;<br />

(4) Escape;<br />

(5) Extortion;<br />

(6) Homicide;<br />

July 16, <strong>2012</strong> - 25 -


(7) Kidnapping<br />

(8) Robbery;<br />

(9) Aggravated Sexual assault;<br />

(10) Sexual assault;<br />

(11) Endangering the welfare <strong>of</strong> a child pursuant to N.J.S.A. 2C:24-4,<br />

whether or not armed with or having in his possession any weapon<br />

enumerated in subsection “r.” <strong>of</strong> N.J.S.A. 2C:39-1; or<br />

(12) A crime pursuant to the provisions <strong>of</strong> N.J.S.A. 2C:39-3, N.J.S.A.<br />

2C:39-4 or N.J.S.A. 2C:39-9, or other than a disorderly persons or<br />

petty disorderly persons <strong>of</strong>fense for the unlawful use, possession or<br />

sale <strong>of</strong> a controlled dangerous substance as defined in N.J.S.A. 2C:35-<br />

2.<br />

The above automatic disqualification shall not apply, however, to those<br />

applicants who were convicted <strong>of</strong> any <strong>of</strong> the above crimes prior to the effective<br />

date <strong>of</strong> this Ordinance and who had previously received the consent <strong>of</strong> the<br />

<strong>Borough</strong> to operate a taxicab within the <strong>Borough</strong> and who had a valid taxicab<br />

driver’s license issued and in effect by the <strong>Borough</strong> as <strong>of</strong> the effective date <strong>of</strong><br />

P.L. 2011, c.135.<br />

Additionally, if a person who has been convicted <strong>of</strong> one <strong>of</strong> the crimes listed<br />

above can produce a certificate <strong>of</strong> rehabilitation issued pursuant to N.J.S.A.<br />

2A:168A-8 or, if the criminal <strong>of</strong>fense occurred outside <strong>of</strong> New Jersey, an<br />

equivalent certificate from the jurisdiction where the criminal <strong>of</strong>fense occurred,<br />

then the criminal <strong>of</strong>fense shall not disqualify the applicant from operating or<br />

driving a taxicab within the <strong>Borough</strong>.<br />

(h)<br />

(i)<br />

(j) (h)<br />

Applicant must have a thorough knowledge <strong>of</strong> the law, traffic regulations and<br />

geography <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, the Motor Vehicle Act, the Traffic<br />

Act and other ordinances and regulations having to do with traffic. Each<br />

applicant may be examined as to his or her knowledge <strong>of</strong> these provisions, and<br />

if the result <strong>of</strong> the examination is unsatisfactory, the application shall be<br />

refused a license.<br />

Be fingerprinted by the Police Department, with a report therein received from<br />

the State Police or Federal Bureau <strong>of</strong> Investigation.<br />

Applicant must not have been convicted, within the three (3) years prior to the<br />

date <strong>of</strong> the application, <strong>of</strong> reckless driving, driving while intoxicated, leaving<br />

the scene <strong>of</strong> an accident or driving more than thirty (30) miles an hour above<br />

the speed limit, and applicant must not have been convicted, within the five (5)<br />

years prior to the date <strong>of</strong> the application <strong>of</strong> driving while intoxicated.<br />

(k) (i) At the time <strong>of</strong> application, applicant must have no more than eight (8) six (6)<br />

New Jersey State Division <strong>of</strong> Motor Vehicle points on his or her driving record,<br />

or the equivalent if licensed in any other state.<br />

(l) (j)<br />

Requirements (d) and (i) (g) above, regarding physician’s certification and<br />

fingerprinting, shall not apply to any taxicab driver who holds a valid taxicab<br />

driver’s license in any other Mercer County municipality which is compliant<br />

with P.L. 2011, c.135 and whose firm is licensed in and operating out <strong>of</strong> said<br />

municipality. Such person(s) shall be qualified to obtain a taxicab driver’s<br />

license in <strong>Hightstown</strong> upon completion <strong>of</strong> the application form, payment <strong>of</strong> the<br />

required fee and submission <strong>of</strong> the following documentation:<br />

July 16, <strong>2012</strong> - 26 -


(1) Certification by the applicant that he or she meets all <strong>of</strong> the<br />

requirements (a), (b), (e), (f), (g), (h), (i), (j) and (k) <strong>of</strong> Section 4-<br />

21.5(a)(1) set forth in sub-paragraph “a(1)” <strong>of</strong> Subsection 4-21.5<br />

above.<br />

(2) If not a United States citizen, a copy <strong>of</strong> alien registration card or work<br />

permit.<br />

(3) Current valid taxicab driver’s license from any other Mercer County<br />

municipality.<br />

(4) Valid New Jersey’s driver’s license.<br />

2. The application shall be accompanied by a fee <strong>of</strong> fifty ($50.00) dollars for the initial<br />

license period, subject to pro-ration in <strong>2012</strong> in accordance with the provisions <strong>of</strong> subparagraph<br />

“d” below.<br />

3. The application shall be accompanied by two (2) un-mounted, un-retouched glossy<br />

photographs <strong>of</strong> the face <strong>of</strong> the applicant taken within thirty (30) days preceding filing <strong>of</strong><br />

the application. Photographs shall be two and one-half inches (2 1⁄2”) by two and onehalf<br />

inches (2 1⁄2”) in size and shall be passport picture quality. New photographs shall<br />

be submitted whenever the licensee’s appearance changes significantly.<br />

4. Any person who shall make a false statement in any license application or in any<br />

record or certificate that (s)he is required to be filed or maintained shall be<br />

subject to rejection <strong>of</strong> the application submitted and/or to appropriate<br />

disciplinary sanctions, including license suspension or revocation, in addition to<br />

any penalty provided under the New Jersey Criminal Code.<br />

b. Investigation; Grant or Denial <strong>of</strong> License Hearing before Council. The Chief <strong>of</strong> Police or a police <strong>of</strong>ficer<br />

designated by him Police Director or his designee shall investigate the application and shall report<br />

the results to the Council Police Director (i.e., in cases where the investigation is performed by the<br />

Police Director’s designee) and the Police Commissioner within a reasonable time. The report shall<br />

include a recommendation that the license be granted or denied and the reasons therefor. The<br />

<strong>Borough</strong> Clerk shall ensure that a copy <strong>of</strong> the report is made available to the applicant. Based upon<br />

the findings set forth in the report, the Police Director shall determine whether to grant or deny the<br />

license. In those cases where the Chief <strong>of</strong> Police or his designee has recommended against issuing<br />

the license, the applicant shall be afforded the opportunity for a hearing before the <strong>Borough</strong><br />

Council. Any request for a hearing must be made within ten (10) days <strong>of</strong> the applicant’s receipt <strong>of</strong><br />

the Police Chief’s report. At the hearing, the applicant shall have the right to be represented by<br />

counsel and will be afforded the opportunity to testify himself or to present witnesses in support <strong>of</strong><br />

his position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic<br />

record made <strong>of</strong> the proceedings. At the conclusion <strong>of</strong> the hearing, the Council will determine<br />

whether to grant or deny the license.<br />

c. Issuance <strong>of</strong> License; Contents. Upon approval <strong>of</strong> the application by the Council Police Director, the<br />

Clerk Police Department shall immediately issue the applicant a taxicab driver's license. The<br />

license shall contain the licensee's name and address, physical description, signature and<br />

photograph.<br />

d. Term <strong>of</strong> License; Fees; Renewal. An initial license to drive a taxicab shall be valid for the remainder <strong>of</strong><br />

the calendar year in which it is issued, expiring on December 31 st <strong>of</strong> said year. Licenses issued in<br />

<strong>2012</strong> shall be subject to a fee <strong>of</strong> fifty ($50.00) dollars per license, which shall be pro-rated. Such<br />

fee shall be nonrefundable in the event that the application is denied. Licenses issued in 2013 and<br />

thereafter shall be subject to a nonrefundable non-prorated fee <strong>of</strong> fifty ($50.00) dollars per license.<br />

A taxicab driver's license may be renewed annually thereafter, unless it has been revoked or<br />

suspended, upon the payment <strong>of</strong> a renewal fee <strong>of</strong> fifty ($50.00) dollars per year, and processing,<br />

screening and determination <strong>of</strong> the application in accordance with all <strong>of</strong> the procedures set forth<br />

above.<br />

July 16, <strong>2012</strong> - 27 -


e. Use <strong>of</strong> License. Taxicab driver’s licenses are valid for use with any licensed taxi within the<br />

<strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>.<br />

f. In those cases where the Police Director has denied the license, the applicant shall be afforded the<br />

opportunity for a hearing before the Police Commissioner. Any request for a hearing must be made<br />

within ten (10) days <strong>of</strong> the applicant's receipt <strong>of</strong> written notice <strong>of</strong> denial from the Police Director.<br />

At the hearing, the applicant shall have the right to be represented by counsel and will be afforded<br />

the opportunity to testify himself or to present witnesses in support <strong>of</strong> his position, to crossexamine<br />

opposing witnesses and, at his own expense, to have a stenographic record made <strong>of</strong> the<br />

proceedings. Following the hearing, the Police Commissioner’s determination shall be final.<br />

g. Any change(s) in the information contained within the driver’s license application shall be reported<br />

to the <strong>Borough</strong> Clerk within three (3) business days there<strong>of</strong>. A charge in the amount <strong>of</strong> twenty-five<br />

($25.00) dollars shall be levied for each business day after three days that any such changes are not<br />

reported to the <strong>Borough</strong>.<br />

4-21.6 Display <strong>of</strong> Licenses and Fares Required.<br />

a. The taxicab owner’s license and driver’s license (with photo) shall be displayed prominently in the<br />

interior <strong>of</strong> each cab. Rates <strong>of</strong> fares shall be posted in each taxicab.<br />

b. The taxicab driver’s license must also be conspicuously displayed on the driver’s outer garment<br />

when the driver is on duty and presented for confirmation when requested by the passenger.<br />

4-21.7 Inspection <strong>of</strong> Vehicles.<br />

a. Initial Inspection. Before any vehicle is used as a taxicab within the <strong>Borough</strong>, it shall be inspected<br />

by the Chief <strong>of</strong> Police or a police <strong>of</strong>ficer designated by him.<br />

1. All vehicles will be photographed at the time <strong>of</strong> inspection.<br />

2. Inspections will be conducted by appointment only.<br />

3. Vehicles must be maintained in a safe, clean and sanitary condition.<br />

4. Vehicles must contain all safety devices required by law.<br />

5. Each vehicle must have at least one Federally-approved child restraint seat available at all<br />

times.<br />

6. No vehicle may be more than ten (10) years old at the time <strong>of</strong> inspection.<br />

b. Reinspections. All taxicabs shall be reinspected annually, or more <strong>of</strong>ten if the Council so requires<br />

by resolution. In addition, any police <strong>of</strong>ficer may inspect any taxicab at any reasonable time to<br />

determine if it is clean, sanitary and in a safe and proper operating condition.<br />

c. Failure to Pass Inspection. Any taxicab which fails to pass inspection shall be immediately taken<br />

out <strong>of</strong> service and shall not be operated again within the <strong>Borough</strong> until the defects which led to its<br />

rejection are corrected. In the case <strong>of</strong> minor defects which do not constitute an immediate danger to<br />

the health or safety <strong>of</strong> the public, the taxicab may continue to be operated for a period <strong>of</strong> one (1)<br />

week, at the end <strong>of</strong> which time it shall be re-inspected. If the defect has not by then been corrected,<br />

the vehicle shall immediately be taken out <strong>of</strong> service and remain out <strong>of</strong> service until the defect is<br />

corrected.<br />

4-21.8 Taxicab Identification Required.<br />

July 16, <strong>2012</strong> - 28 -


4-21.9 Fares.<br />

a. Identification Required. Each taxicab operated in the <strong>Borough</strong> shall have a sign permitted on each<br />

rear door. The sign shall contain the owner's name, the words "taxicab" or "taxi," telephone number<br />

and vehicle number in letters not less than four (4) inches nor more than eight (8) inches in height.<br />

b. Imitation <strong>of</strong> Color Scheme or Insignia. No taxicab operated in the <strong>Borough</strong> shall imitate the color<br />

scheme or any identifying design or insignia <strong>of</strong> another taxicab lawfully operating in the <strong>Borough</strong>,<br />

nor shall one taxicab have a color scheme or identifying design or insignia which is so similar to<br />

that <strong>of</strong> another taxicab as to be likely to have a tendency to mislead the public. The person first<br />

using a particular color scheme or identifying design or insignia for his taxicab shall have the prior<br />

right to it.<br />

a. Rates <strong>of</strong> Fare. Fares shall be conspicuously displayed in each taxicab.<br />

b. Receipts. The driver <strong>of</strong> a taxicab, upon request, shall give the passenger a receipt for the amount<br />

charged. The receipt shall show the name <strong>of</strong> the owner, the license number <strong>of</strong> the taxicab, the<br />

amount <strong>of</strong> the fare and the date <strong>of</strong> the transaction.<br />

c. Refusal to Pay Fare. No person, after hiring a taxicab, shall refuse to pay the legal fare, nor shall<br />

any person hire a taxicab with the intent not to pay the legal fare.<br />

4-21.10 Promulgation <strong>of</strong> Rules and Regulations; Copies to Be Distributed.<br />

The Council may establish, by resolution, rules and regulations relating to the operation <strong>of</strong> taxicabs and the conduct <strong>of</strong><br />

licensees. A copy <strong>of</strong> the rules and regulations shall be furnished to each licensee.<br />

4-21.11 Unlawful Activities.<br />

All drivers shall be licensed personnel, and taxicabs shall be used exclusively for purposes <strong>of</strong> transportation <strong>of</strong><br />

passengers and their baggage. No owner or driver shall be obliged to transport any person who is not orderly.<br />

4-21.7 License Regulations.<br />

a. Licenses issued pursuant to this section are not transferable.<br />

b. A driver shall immediately surrender his or her taxicab driver’s license to the <strong>Borough</strong> upon the<br />

suspension or revocation <strong>of</strong> his or her New Jersey driver’s license.<br />

4-21.12 4-21.8Suspension or Revocation <strong>of</strong> Licenses.<br />

a. In the case <strong>of</strong> an emergency, licenses may be temporarily suspended for not more than seven (7)<br />

days by the Police Director.<br />

b. In all other cases, licenses may be suspended or revoked, for cause, by the <strong>Borough</strong> Council after<br />

reasonable notice and a hearing. At said hearing, the licensee shall have the right to be represented<br />

by counsel and will be afforded the opportunity to testify himself or to present witnesses in support<br />

<strong>of</strong> his position, to cross-examine opposing witnesses and, at his own expense, to have a<br />

stenographic record made <strong>of</strong> the proceedings. At the conclusion <strong>of</strong> the hearing, the Council will<br />

determine whether to suspend the license or to permanently revoke the license. Any license so<br />

suspended or revoked shall not be re-issued except for good reasons shown.<br />

a. In addition to the causes for revocation <strong>of</strong> a license set forth in sSubsection 4-1.10, any license<br />

issued under this section may be revoked or suspended, by the <strong>Borough</strong> Council, or any application<br />

for the issuance or renewal <strong>of</strong> a license denied, for any <strong>of</strong> the following reasons:<br />

July 16, <strong>2012</strong> - 29 -


1. Failure to render reasonable, prompt, safe and adequate taxicab service.<br />

2. The existence <strong>of</strong> a judgment unsatisfied <strong>of</strong> record against the licensee or applicant in any<br />

suit arising over the operation <strong>of</strong> a motor vehicle.<br />

3. Permitting any taxicab owned or driven by the licensee to become unsafe, unsanitary or<br />

dirty.<br />

4. Failure to comply with all applicable laws <strong>of</strong> the State <strong>of</strong> New Jersey, the ordinances <strong>of</strong><br />

the <strong>Borough</strong> or the rules and regulations adopted in accordance with this section.<br />

5. Where taxicab vehicles are found to be used for any improper, immoral or illegal<br />

business or purpose or for the violation <strong>of</strong> any federal or state statute or for the violation<br />

<strong>of</strong> any <strong>of</strong> the provisions <strong>of</strong> this section.<br />

6. Failure to maintain the proper amount <strong>of</strong> insurance on licensed taxicab vehicles pursuant<br />

to valid and effective insurance policies, as required by this section.<br />

b. c. Drivers. If the licensee is a driver, his license may also be revoked or suspended by the <strong>Borough</strong> Council<br />

for the following reasons:<br />

1. Revocation or suspension <strong>of</strong> his New Jersey motor vehicle operator’s license.<br />

2. Contraction by the licensee <strong>of</strong> a communicable or contagious disease.<br />

3. Operating a taxicab in a reckless or grossly negligent manner or habitually operating a<br />

taxicab in a negligent manner.<br />

4. Conviction <strong>of</strong> one <strong>of</strong> the crimes listed in Subsection 4-21.5a1(g) above, in New Jersey or<br />

elsewhere.<br />

4-21.13 4-21.9Complaints; Enforcement.<br />

a. All complaints shall be submitted to the <strong>Hightstown</strong> Police Department.<br />

b. Enforcement <strong>of</strong> Section 4-21 shall be the responsibility <strong>of</strong> the <strong>Hightstown</strong> Police Department or<br />

authorized persons designated by the Police Director.<br />

4-21.14 4-21.10 Violations and Penalties.<br />

a. Licenses issued pursuant to this section may be suspended or revoked in accordance with<br />

Subsection 4-21.8 for the reasons set forth therein.<br />

b. For other violations <strong>of</strong> this section, any person convicted there<strong>of</strong> shall be subject to the penalties set<br />

forth in Section 1-5 <strong>of</strong> the <strong>Borough</strong> Code.<br />

BE IT FURTHER ORDAINED, that all other Ordinances or parts <strong>of</strong> Ordinances inconsistent herewith are<br />

hereby repealed to the extent <strong>of</strong> such inconsistencies; and<br />

BE IT FURTHER ORDAINED, that in the event that any portion <strong>of</strong> this Ordinance is found to be invalid for<br />

any reason by any Court <strong>of</strong> competent jurisdiction, such judgment shall be limited in its effect only to that portion <strong>of</strong><br />

the Ordinance actually adjudged to be invalid, and the remaining portions <strong>of</strong> this Ordinance shall be deemed severable<br />

there from and shall not be affected; and<br />

BE IT FURTHER ORDAINED, that this Ordinance shall take effect on upon final passage and publication in<br />

accordance with the law.<br />

July 16, <strong>2012</strong> - 30 -


Ordinance <strong>2012</strong>-10 First Reading and Introduction – An Ordinance Amending and Supplementing<br />

Various Sections <strong>of</strong> Chapter 7, Entitled “Traffic,” <strong>of</strong> the “Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, New Jersey,” Relating to Taxicab Issues.<br />

Councilmember Woods moved Ordinance <strong>2012</strong>-10 for introduction, Councilmember Bibens seconded.<br />

The <strong>Borough</strong> Attorney advised that the items that were not related to taxi licensing (operating) have been moved<br />

to the traffic ordinance where they belong. This ordinance also identifies taxi stands in the <strong>Borough</strong>. There was<br />

discussion regarding taxi stand locations.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, and Woods voted yes; Councilmember Thibault<br />

abstained.<br />

Ordinance Introduced 5-0 with one abstention. Public Hearing to be held on <strong>August</strong> 6, <strong>2012</strong>.<br />

Ordinance <strong>2012</strong>-10<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING VARIOUS SECTIONS OF CHAPTER 7,<br />

ENTITLED “TRAFFIC,” OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH<br />

OF HIGHTSTOWN,<br />

NEW JERSEY,” RELATING TO TAXICAB ISSUES.<br />

WHEREAS, the <strong>Borough</strong> Council (the “<strong>Borough</strong> Council”) <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey, wishes to<br />

amend various sections <strong>of</strong> Chapter 7 <strong>of</strong> the <strong>Borough</strong> Code relating to taxicab issues, as set forth herein.<br />

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, as follows:<br />

1. That Section 7.1, entitled “Definitions,” <strong>of</strong> Chapter 7, “Traffic,” <strong>of</strong> the “Revised General Ordinances <strong>of</strong> the<br />

<strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is hereby amended and supplemented at Subsection 7-1.1 there<strong>of</strong>,<br />

entitled “Words and Phrases,” in the following respects (additions are shown with underline):<br />

7-1.1 Words and Phrases.<br />

Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in N.J.S.<br />

39:1-1 shall be deemed to apply to such words and phrases used herein.<br />

In addition, the following terms shall have the meanings indicated:<br />

Cruising shall mean the driving <strong>of</strong> an empty taxicab along a public street at a slow rate <strong>of</strong> speed for<br />

the obvious purpose <strong>of</strong> soliciting passengers.<br />

Taxicab or taxi or cab shall mean a motor vehicle used to transport passengers for hire or<br />

compensation which does not operate over a fixed route and is not hired by the day or hour.<br />

Taxi Stand shall mean a section <strong>of</strong> a public street or <strong>of</strong> a public place, or a section <strong>of</strong> private<br />

property with the express written consent <strong>of</strong> the property owner or other authorized representative,<br />

set apart for the exclusive use <strong>of</strong> a taxicab or a limited number <strong>of</strong> taxicabs when such section is<br />

distinctly marked as such by an appropriate sign attached to a stanchion on the curb or other<br />

July 16, <strong>2012</strong> - 31 -


conspicuous place, or by clearly visible marks upon the surface <strong>of</strong> the street or other public or<br />

private place, or by other clearly visible markings that are approved by the <strong>Hightstown</strong> <strong>Borough</strong><br />

Police Department.<br />

2. That Chapter 7, “Traffic,” <strong>of</strong> the “Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is<br />

hereby amended and supplemented in order to establish a new Section there<strong>of</strong>, located at Section 7-16, to be<br />

entitled “Taxicab Regulations,” as follows:<br />

7-16 TAXICAB REGULATIONS.<br />

7-16.1 Exterior Taxicab Identification Required.<br />

a. Identification Required. All taxicabs shall display on the body <strong>of</strong> the vehicle the taxi<br />

license number issued to that vehicle pursuant to Section 4-21 <strong>of</strong> the <strong>Borough</strong> Code,<br />

along with a listing <strong>of</strong> each municipality that has issued a taxi license to that taxicab. The<br />

taxi license number shall be three (3) inches in height and must be located in the center <strong>of</strong><br />

the rear quarter panels on the driver and passenger sides as well as the rear center line <strong>of</strong><br />

the trunk <strong>of</strong> the vehicle. The list <strong>of</strong> each municipality shall be displayed on each rear door<br />

in letters three (3) inches in height.<br />

b. Imitation <strong>of</strong> Color Scheme or Insignia. No taxicab operated in the <strong>Borough</strong> shall imitate<br />

the color scheme or any identifying design or insignia <strong>of</strong> another taxicab lawfully<br />

operating in the <strong>Borough</strong>, nor shall one taxicab have a color scheme or identifying design<br />

or insignia which is so similar to that <strong>of</strong> another taxicab as to be likely to have a tendency<br />

to mislead the public. The person first using a particular color scheme or identifying<br />

design or insignia for his taxicab shall have the prior right to it.<br />

7-16.2 Rates <strong>of</strong> Fare.<br />

a. Fares shall be conspicuously displayed in each taxicab.<br />

b. The driver <strong>of</strong> a taxicab, upon request, shall give the passenger a receipt for the amount<br />

charged. The receipt shall show the name <strong>of</strong> the owner, the license number <strong>of</strong> the taxicab,<br />

the amount <strong>of</strong> the fare and the date <strong>of</strong> the transaction.<br />

c. No person, after hiring a taxicab, shall refuse to pay the legal fare, nor shall any person<br />

hire a taxicab with the intent not to pay the legal fare.<br />

7-16.3 Operational Regulations.<br />

a. All taxicab owners and drivers shall be licensed pursuant to Section 4-21 <strong>of</strong> the <strong>Borough</strong><br />

Code.<br />

b. No taxicab shall stop, stand or remain idle on a public roadway or other public property<br />

within the <strong>Borough</strong> for a period <strong>of</strong> time in excess <strong>of</strong> fifteen (15) consecutive minutes<br />

without the prior approval <strong>of</strong> the <strong>Borough</strong>, unless said location has been properly<br />

designated as a taxi stand pursuant to Section 7-26 <strong>of</strong> this Chapter. Taxicabs while out <strong>of</strong><br />

service (with an appropriate sign posted), or while parked by the owner or driver at their<br />

place <strong>of</strong> residence, shall be exempt from this regulation.<br />

c. No taxicab shall be parked or shall remain standing idle on any commercial property for<br />

the purpose <strong>of</strong> utilizing said property as a taxi stand without the express written consent<br />

<strong>of</strong> the property owner or other authorized representative, and the proper designation <strong>of</strong><br />

said property as a taxi stand by the <strong>Borough</strong> pursuant to Section 7-26 <strong>of</strong> this Chapter.<br />

d. No taxicab shall remain “idling” with the engine running for more than three (3)<br />

consecutive minutes on any public roadway or other public property within the <strong>Borough</strong>,<br />

or on any private property within the <strong>Borough</strong>.<br />

July 16, <strong>2012</strong> - 32 -


e. Cruising is prohibited within the <strong>Borough</strong>.<br />

f. No person, while operating or attending a taxicab for hire, shall:<br />

1. Obstruct any sidewalk; or<br />

2. Knowingly misinform or mislead any person as to the location <strong>of</strong> a destination.<br />

g. Any motor vehicle accident involving a taxicab and causing injury to a person or damage<br />

to property in excess <strong>of</strong> $500.00 shall be reported immediately to the <strong>Hightstown</strong><br />

<strong>Borough</strong> Police Department and a copy <strong>of</strong> the police report for such accident must be<br />

given to the <strong>Hightstown</strong> Police Department within fourteen (14) days <strong>of</strong> the accident.<br />

Such information shall be placed in the <strong>Borough</strong>’s records regarding the taxicab owner<br />

and taxicab driver.<br />

h. All taxicab owners shall keep trip records and receipt books for six (6) months, which<br />

shall be kept current and shall be displayed when so requested by authorized <strong>Borough</strong><br />

<strong>of</strong>ficials appointed by the Police Director. Trip records shall show, at a minimum, the<br />

date, time, pick-up location, destination, number <strong>of</strong> passengers and fare charged.<br />

i. All taxicab vehicles shall be kept clean and free <strong>of</strong> debris.<br />

j. Each licensed taxicab driver shall be clean in person and fully dressed while on duty,<br />

including shirt, pants and shoes.<br />

k. Taxicab drivers and passengers shall refrain from smoking within the taxicab vehicle<br />

while a hired trip is in progress. This prohibition shall be conspicuously posted in each<br />

<strong>Borough</strong> licensed taxicab vehicle.<br />

l. No driver shall operate a taxicab after fourteen (14) consecutive working hours without<br />

an eight (8) hour rest period.<br />

m. Taxicab drivers shall, immediately after the conclusion <strong>of</strong> their on-duty time, carefully<br />

search the taxicab for any property lost or left therein, and shall, within twenty-four (24)<br />

hours after finding any such property, advise the <strong>Hightstown</strong> <strong>Borough</strong> Police Department<br />

<strong>of</strong> the nature <strong>of</strong> the property and where it may be collected.<br />

n. Taxicabs shall be used exclusively for purposes <strong>of</strong> transportation <strong>of</strong> passengers and their<br />

baggage.<br />

o. No owner or driver <strong>of</strong> a taxicab shall be obliged to transport any person who is not<br />

orderly.<br />

p. Taxicab drivers who are on-duty and available for hire shall not refuse to <strong>of</strong>fer their<br />

services to potential patrons who are disabled, on the basis <strong>of</strong> said disability.<br />

3. That Section 7.26, entitled “Taxi Stands,” <strong>of</strong> Chapter 7, “Traffic,” <strong>of</strong> the “Revised General Ordinances <strong>of</strong> the<br />

<strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is hereby amended and supplemented at Subsection 7-26.1 there<strong>of</strong>,<br />

entitled “Taxi Stands,” in the following specific respects (additions are shown with underline; deletions are<br />

shown with strikeout):<br />

7-26.1 Taxi Stands.<br />

July 16, <strong>2012</strong> - 33 -


a. The locations described are hereby designated as Ttaxi Sstands. No vehicle other than a taxi<br />

shall currently licensed by <strong>Hightstown</strong> <strong>Borough</strong> pursuant to Section 4-21 <strong>of</strong> this Chapter shall<br />

be permitted to occupy these locations during the times indicated.<br />

(Reserved)<br />

Street Location Hours<br />

Intersection <strong>of</strong> Municipal Parking Lot All<br />

Railroad Avenue<br />

(First two spaces closest<br />

and Rogers Avenueto Rogers Avenue)<br />

Intersection <strong>of</strong> Northwest corner All<br />

Broad Street and<br />

(Two parking spaces)<br />

Franklin Street<br />

Stockton Street Cut-out by Railroad Avenue All<br />

on south side (Two parking spaces)<br />

b. No taxicab shall be parked or shall remain standing idle for an extended period <strong>of</strong> time on a<br />

public roadway within a residential zoning district within the <strong>Borough</strong> without prior approval<br />

<strong>of</strong> the <strong>Borough</strong>.<br />

c. No taxicab shall stand or be parked on any commercial property without the express written<br />

consent <strong>of</strong> the property owner. Such consent must be provided to the <strong>Borough</strong> with the annual<br />

taxi company license application.<br />

b. In order for any portion <strong>of</strong> private property to be utilized as a taxi stand, the property<br />

owner or other authorized representative must file its express written consent for same with<br />

the <strong>Borough</strong> Clerk and the <strong>Hightstown</strong> <strong>Borough</strong> Police Department.<br />

c. No more than one (1) taxicab vehicle from the same taxicab owner’s company shall be<br />

permitted to be parked, or to otherwise occupy, the same taxi stand at the same time (i.e.,<br />

simultaneously).<br />

d. No taxicab shall remain “idling” with the engine running for more than three (3) consecutive<br />

minutes at any taxi stand.<br />

e. Every taxicab, while occupying space at a taxi stand, shall be immediately available for hire.<br />

f. Only a taxicab licensed by <strong>Hightstown</strong> <strong>Borough</strong> may occupy or deliver a passenger to a taxi<br />

stand in the <strong>Borough</strong>.<br />

g. Each taxi stand shall be marked with a statement that the stand is reserved for taxicabs<br />

licensed by <strong>Hightstown</strong> <strong>Borough</strong> only.<br />

h. No person operating a taxi shall perform maintenance <strong>of</strong> any kind while occupying space at a<br />

taxi stand.<br />

i. No taxicabs shall be permitted to be parked, or to otherwise occupy, any taxi stand during<br />

times <strong>of</strong> emergency or during a snow event, as directed by the <strong>Hightstown</strong> <strong>Borough</strong> Police<br />

Department.<br />

July 16, <strong>2012</strong> - 34 -


4. That all other Ordinances or parts <strong>of</strong> Ordinances inconsistent herewith are hereby repealed to the extent <strong>of</strong><br />

such inconsistencies.<br />

5. That in the event that any portion <strong>of</strong> this Ordinance is found to be invalid for any reason by any Court <strong>of</strong><br />

competent jurisdiction, such judgment shall be limited in its effect only to that portion <strong>of</strong> the Ordinance<br />

actually adjudged to be invalid, and the remaining portions <strong>of</strong> this Ordinance shall be deemed severable<br />

therefrom and shall not be affected.<br />

6. That this Ordinance shall take effect upon final passage and publication in accordance with the law.<br />

Resolution <strong>2012</strong>-188<br />

Payment <strong>of</strong> Bills<br />

Councilmember Woods requested that Item E0577 be pulled and voted separately.<br />

Councilmember Bibens moved Resolution <strong>2012</strong>-188 without Item E0577, Council President Quattrone seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Councilmember Thibault moved item E0557 on the bills list, Councilmember Bluth seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, and Woods voted yes, Councilmember Woods<br />

abstained.<br />

Resolution adopted 5-0 with one abstention.<br />

Resolution <strong>2012</strong>-188<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT OF BILLS<br />

WHEREAS, certain bills are due and payable as per itemized claims listed on the following schedules, which are made a<br />

part <strong>of</strong> the minutes <strong>of</strong> this meeting as a supplemental record;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the bills be paid<br />

on audit and approval <strong>of</strong> the <strong>Borough</strong> Administrator, appropriate Department Head and the Treasurer in the amount <strong>of</strong><br />

$229,516.77 from the following accounts<br />

Current $ 171,869.70<br />

W/S Operating 40,987.86<br />

General Capital 1,320.00<br />

Water/Sewer Capital 12,232.50<br />

Grant<br />

Trust 890.71<br />

Housing Trust<br />

Animal Control<br />

July 16, <strong>2012</strong> - 35 -


Law Enforcement Trust 15.75<br />

Housing Rehab Loans<br />

Unemployment Trust<br />

Escrow 2,200.25<br />

Federal Forfeiture<br />

Resolution <strong>2012</strong>-189<br />

40A:4-85<br />

Requesting Change in Title, Text and Amount <strong>of</strong> Appropriation Pursuant to NJS<br />

Councilmember Woods moved Resolution <strong>2012</strong>-189, Council President Quattrone seconded.<br />

George Lang, CFO, explained that this resolution amends the water/sewer budget to cover an additional payment<br />

due on the NJEIT loan for the water main extension. This has already been approved by DCA.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-189<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

RESOLUTION REQUESTING CHANGE IN TITLE, TEXT OR AMOUNT OF<br />

APPROPRIATION PURSUANT TO NJS 40A:4-85<br />

WHEREAS, NJS 40A:4-85 provides that the Director <strong>of</strong> the Division <strong>of</strong> Local Government Services may, at the<br />

request <strong>of</strong>, or with the consent <strong>of</strong>, the governing body <strong>of</strong> any county or municipality, make such correction <strong>of</strong> the title,<br />

text or amount <strong>of</strong> any appropriation appearing in the budget as may be necessary to make said item <strong>of</strong> appropriation<br />

available for the purpose or purposes required for the needs <strong>of</strong> any county or municipality,<br />

WATER-SEWER UTILITY FUND:<br />

Adopted Budget<br />

Revised Budget<br />

Salaries and Wages 855,901.00 845,901.00<br />

Other Expenses 1,330,201.00 1,314,286.00<br />

WasteWater and Water Supply Loan 91,890.00 117,805.00<br />

BE IT RESOLVED that the foregoing correction is in the opinion <strong>of</strong> the governing body, warranted and<br />

authorized by statute referred to above, and is necessary for the orderly operation <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>,<br />

County <strong>of</strong> Mercer for the reasons set forth:<br />

Adopted budget provided for two principal payments on NJEIT loan as in the prior year. In <strong>2012</strong> there are<br />

three principal payments due.<br />

BE IT FURTHER RESOLVED that certified copies <strong>of</strong> this Resolution shall be provided forthwith to the<br />

Treasurer, Chief Financial Officer and <strong>Borough</strong> Auditor.<br />

Resolution <strong>2012</strong>-191 Governing Body Resolution Requesting Review and Approval <strong>of</strong> an Affordable<br />

Housing Municipal Housing Trust Fund Spending Plan<br />

Councilmember Woods moved Resolution <strong>2012</strong>-191, Council President Quattrone seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

July 16, <strong>2012</strong> - 36 -


Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-191<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

GOVERNING BODY RESOLUTION REQUESTING REVIEW AND APPROVAL OF A MUNICIPAL<br />

AFFORDABLE HOUSING TRUST FUND SPENDING PLAN<br />

WHEREAS, the Governing Body <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> petitioned the Council on Affordable Housing<br />

(“COAH”) for substantive certification in 2005; and<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> received approval from COAH in 2005 <strong>of</strong> its development fee<br />

ordinance; and<br />

WHEREAS, pursuant to the Executive Reorganization Act <strong>of</strong> 1969, P.L. 1969, c. 203 (C. 52:14C-1 et seq.), the<br />

Governor transferred all functions, powers, and duties to the Commissioner <strong>of</strong> the Department <strong>of</strong> Community Affairs<br />

(the “DCA”), effective <strong>August</strong> 29, 2011; and<br />

WHEREAS, the New Jersey Appellate Division, on March 8, <strong>2012</strong>, invalidated the Executive Order; and<br />

WHEREAS, COAH has resumed granting approvals <strong>of</strong> Municipal Spending Plans; and<br />

WHEREAS, the development fee ordinance establishes an affordable housing trust fund that includes<br />

development fees, payments from developers in lieu <strong>of</strong> constructing affordable units on-site, barrier free escrow funds,<br />

rental income, repayments from affordable housing program loans, recapture funds, proceeds from the sale <strong>of</strong><br />

affordable units;<br />

WHEREAS, N.J.A.C. 5:97-8.1(d) requires a municipality with an affordable housing trust fund to receive<br />

approval <strong>of</strong> a spending plan from COAH prior to spending any <strong>of</strong> the funds in its housing trust fund; and<br />

WHEREAS, N.J.A.C. 5:97-8.10 requires a spending plan to include the following:<br />

1. A projection <strong>of</strong> revenues anticipated from imposing fees on development, based on pending,<br />

approved and anticipated developments and historic development activity;<br />

2. A projection <strong>of</strong> revenues anticipated from other sources, including payments in lieu <strong>of</strong> constructing<br />

affordable units on sites zoned for affordable housing, funds from the sale <strong>of</strong> units with extinguished<br />

controls, proceeds from the sale <strong>of</strong> affordable units, rental income, repayments from affordable<br />

housing program loans, and interest earned;<br />

3. A description <strong>of</strong> the administrative mechanism that the municipality will use to collect and distribute<br />

revenues;<br />

4. A description <strong>of</strong> the anticipated use <strong>of</strong> all affordable housing trust funds pursuant to N.J.A.C. 5:97-<br />

8.7, 8.8, and 8.9;<br />

5. A schedule for the expenditure <strong>of</strong> all affordable housing trust funds, provided that the trust fund<br />

balance as <strong>of</strong> July 17, 2008 is committed for expenditure within four years <strong>of</strong> that date and that all<br />

development fees and any payments in lieu <strong>of</strong> construction are committed for expenditure within four<br />

years from the date <strong>of</strong> collection;<br />

6. If applicable, a schedule for the creation or rehabilitation <strong>of</strong> housing units;\<br />

7. A pro-forma statement <strong>of</strong> the anticipated costs and revenues associated with the development if the<br />

municipality envisions supporting or sponsoring public sector or non-pr<strong>of</strong>it construction <strong>of</strong> housing;<br />

and<br />

July 16, <strong>2012</strong> - 37 -


8. The manner through which the municipality will address any expected or unexpected shortfall if the<br />

anticipated revenues from development fees are not sufficient to implement the plan; and<br />

9. A description <strong>of</strong> the anticipated use <strong>of</strong> excess affordable housing trust funds, in the event more funds<br />

than anticipated are collected, or projected funds exceed the amount necessary for satisfying the<br />

municipal affordable housing obligation.<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> has prepared a spending plan consistent with N.J.A.C. 5:97-8.10 and P.L.<br />

2008, c.46.<br />

NOW, THEREFORE, BE IT RESOLVED, that the Governing Body <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> hereby<br />

requests that COAH, and/or the DCA’s Local Planning Services Unit, review and approve <strong>Hightstown</strong>’s spending plan.<br />

Resolution <strong>2012</strong>-192<br />

Share <strong>of</strong> Bus Services<br />

Authorizing a Shared Services Agreement for Contribution <strong>of</strong> Matching Local<br />

Council President Quattrone moved Resolution <strong>2012</strong>-192, Councilmember Woods seconded.<br />

There was discussion.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-192<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING A SHARED SERVICES AGREEMENT BETWEEN HIGHTSTOWN<br />

BOROUGH AND EAST WINDSOR TOWNSHIP FOR CONTRIBUTION OF THE<br />

MATCHING LOCAL SHARE FOR BUS SERVICES<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> is desirous <strong>of</strong> entering into a renewed shared services agreement with<br />

the Township <strong>of</strong> East Windsor for the purpose <strong>of</strong> providing public transportation services for its citizens; and<br />

WHEREAS, the term <strong>of</strong> said agreement shall be from July 1, <strong>2012</strong> through June 30, 2013; and<br />

WHEREAS, the <strong>Borough</strong>'s share <strong>of</strong> the cost <strong>of</strong> this service, by the terms <strong>of</strong> the agreement, is $2,180.00,<br />

representing no increase from prior years; and<br />

WHEREAS, the Treasurer has certified the availability <strong>of</strong> funds for this expenditure.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the<br />

Mayor and <strong>Borough</strong> Clerk are hereby authorized and directed to execute a Shared Services Agreement for Contribution<br />

<strong>of</strong> the Matching Local Share for Bus Services with East Windsor Township in the amount <strong>of</strong> $2,180.00.<br />

Resolution <strong>2012</strong>-193 Authorizing an Auction License – Empire Antiques<br />

Council President Quattrone moved Resolution <strong>2012</strong>-193, Councilmember Bibens seconded.<br />

Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes.<br />

Resolution adopted 6-0.<br />

Resolution <strong>2012</strong>-193<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

July 16, <strong>2012</strong> - 38 -


STATE OF NEW JERSEY<br />

AUTHORIZING THE ISSUANCE OF AN AUCTION LICENSE – EMPIRE ANTIQUES<br />

WHEREAS, an application for a license to hold an auction on Saturday, <strong>August</strong> 4, <strong>2012</strong> at 278 Monmouth Street in<br />

the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> has been submitted by Empire Antiques, together with the required fee; and<br />

WHEREAS, the application has been reviewed and approved by the Police Director; and<br />

WHEREAS, it is the desire <strong>of</strong> the Mayor and Council that a license be issued to Empire Antiques for this event.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the<br />

<strong>Borough</strong> Clerk is hereby authorized to issue a license to Empire Antiques for their auction to be held on Saturday,<br />

<strong>August</strong> 4, <strong>2012</strong> at 278 Monmouth Street.<br />

Discussion<br />

Hurricane Irene Update<br />

Mr. Theokas advised that was a flood map meeting and the process for the new maps is being done over again for<br />

all <strong>of</strong> Mercer County. Rick Perez is working on the needs assessment and once it is ready it will be forwarded to<br />

Council. No money has been received since the last report.<br />

Code enforcement Update<br />

Mr. Theokas distributed a report to Council which he reviewed. Councilmember Bibens, as Liaison to the<br />

Department, noted that things are going well with the new Inspector. Residents are not happy because he is<br />

issuing quite a few violation notices, but that is why he was hired.<br />

There was discussion.<br />

Hurricane Irene Update<br />

Councilmember Woods inquired as to whether Council felt that the plan presented tonight was worthy and if a<br />

special meeting should be scheduled. There was discussion and it was decided that a special meeting should be<br />

scheduled to continue discussion regarding <strong>Borough</strong> Hall. The tentative dates <strong>of</strong> <strong>August</strong> 8 th or <strong>August</strong> 16 th were<br />

agreed upon. The <strong>Borough</strong> Clerk will check on availability <strong>of</strong> the First Aid facility for such a meeting and notice<br />

same.<br />

The Mayor opened the public comment period II and the following individuals spoke:<br />

Eugene Sarafin, 628 S. Main Street – commented on the gazebo in Association Park; taxi ordinance;<br />

and COAH.<br />

Scott Caster, 12 Clover Lane – commented regarding the taxi ordinance; bicycles on the sidewalks; and<br />

the footprint sketch for <strong>Borough</strong> Hall.<br />

Councilmember Bluth recused herself at this time.<br />

Patty Acree, 16 Powell Court – distributed copies <strong>of</strong> a County report which finds that the Wyck<strong>of</strong>fs<br />

Mill violations have not been corrected.<br />

Councilmember Bluth returned to the dais at this time.<br />

There being no more comments, the Mayor closed the public comment period.<br />

Mayor/Council/Administrative Comments and Committee Reports<br />

July 16, <strong>2012</strong> - 39 -


Councilmember Thibault – hopes that the Scout considers the process for the gazebo as a learning<br />

experience.<br />

Councilmember Bluth – is looking forward to the gazebo and asked the <strong>Borough</strong> Attorney to check<br />

into the legal requirements for insurance for the taxis.<br />

Councilmember Bibens – is pleased with the meeting and thanked Council members Thibault and<br />

Woods for the presentation; reminded the public that the Fair Committee meeting place has changed.<br />

Councilmember Woods – advised that a water/sewer department head meeting was held and a<br />

procedure for shut-<strong>of</strong>fs, in accordance with the <strong>Borough</strong> Code, was established. There is only one<br />

account still delinquent.<br />

Council President Quattrone – thanked Council for listening to the public comments and asking<br />

questions, he is proud <strong>of</strong> Council.<br />

Mayor Kirson – advised that he attended a forum at Rutgers and there was not one comment that the<br />

state is headed in the right direction.<br />

Councilmember Thibault moved to adjourn at 11:34 pm, Councilmember Bibens seconded. All ayes.<br />

Respectfully Submitted,<br />

Debra L. Sopronyi, RMC<br />

<strong>Borough</strong> Clerk<br />

July 16, <strong>2012</strong> - 40 -


Resolution <strong>2012</strong>–195<br />

APPOINTING A POLICE LIEUTENANT –<br />

ACTING LT. FRANK GENDRON<br />

WHEREAS, the <strong>Borough</strong> Council adopted resolution <strong>2012</strong>-82 which appointed Sgt. Frank Gendron as<br />

Acting Lieutenant in the <strong>Hightstown</strong> Police Department effective February 7, <strong>2012</strong> at the recommendation <strong>of</strong> the<br />

Police Director; and<br />

WHEREAS, since that time Acting Lieutenant Gendron has demonstrated all <strong>of</strong> the skills, knowledge and<br />

abilities needed to serve the department as its senior police administrator and successfully graduated from the FBI<br />

National Academy; and<br />

WHEREAS, in order to maintain the proper and efficient conduct <strong>of</strong> all police functions it is necessary to<br />

appoint a Lieutenant to directly supervise the performance <strong>of</strong> the law enforcement duties in the Police Department<br />

including but not limited to issuing firearm permits, conducting or directing criminal and/or internal affairs<br />

investigations; and<br />

WHEREAS, James LeTellier, Police Director, and Council President Lawrence Quattrone, Police<br />

Commissioner, have recommended that Acting Lt. Frank Gendron assume the permanent title, duties and salary <strong>of</strong><br />

Lieutenant effective Monday, <strong>August</strong> 6, <strong>2012</strong> to establish both a clear chain <strong>of</strong> command and full compliance with<br />

all legal obligations <strong>of</strong> the <strong>Hightstown</strong> Police Department.<br />

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, that Acting Lt. Frank Gendron is hereby appointed as Lieutenant for the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Police<br />

Department in a permanent capacity effective Monday, <strong>August</strong> 6, <strong>2012</strong>.<br />

.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


<strong>Hightstown</strong> Police Department<br />

415A Mercer Street<br />

<strong>Hightstown</strong>, New Jersey 08520<br />

Phone: (609) 448-1234 - Fax: (609) 443-0310 - email: police@hightstownborough.com<br />

James K. Le Tellier<br />

Police Director<br />

July 20,<strong>2012</strong><br />

Lawrence D. Quattrone, Council President<br />

Michael Theokas, Administrator<br />

RE:<br />

Lieutenant Promotion<br />

As you are aware a police director is a civilian position and therefore prohibited from directly<br />

supervising the performance <strong>of</strong> law enforcement duties. A police director is also restricted from<br />

issuing firearm permits, permits to carry firearms, conducting or directing the investigation <strong>of</strong><br />

criminal matters, or internal affairs investigations, unless authorized by a County Prosecutor or the<br />

Attorney General.<br />

Sergeant Frank Gendron had been acting as the Police Director since the retirement <strong>of</strong> the Chief<br />

Eufemia last September and did an outstanding job, especially in light <strong>of</strong> the devastation from<br />

Hurricane Irene. In order to ensure that we were in compliance with all statutory and legal<br />

requirements I had assigned Sergeant Gendron these extra duties and responsibilities effective<br />

Tuesday, February 7,<strong>2012</strong>.<br />

This was necessary to maintain the proper and efficient conduct <strong>of</strong> all police functions during the<br />

transitional period. In February, the <strong>Borough</strong> Council appointed him as acting lieutenant with<br />

pay. Since that time Lieutenant Gendron has successfully graduated from the FBI National<br />

Academy. He has demonstrated all <strong>of</strong>the skills, knowledge and abilities that are needed to serve<br />

this department as its senior police administrator.<br />

Therefore, I am requesting that he be promoted to the position <strong>of</strong> lieutenant permanently.<br />

will establish both a clear chain <strong>of</strong> command and full compliance with all legal obligations.<br />

This<br />

es K. Le Tellier<br />

Police Director<br />

c. Lieutenant Gendron<br />

Protecting and Serving Our Conununity


Resolution <strong>2012</strong>-196<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

APPOINTING A CLASS I SPECIAL OFFICER – ANTHONY STURCHIO<br />

WHEREAS, the Mayor and <strong>Borough</strong> Council recognize that there is a need to hire a Class I Special<br />

Officer to assist the Police Department with various duties; and,<br />

WHEREAS, James LeTellier, Police Director, has recommended that Anthony Sturchio be appointed<br />

as a Class I Special Officer for the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Police Department; and<br />

WHEREAS, Anthony Sturchio is already employed by <strong>Hightstown</strong> <strong>Borough</strong>; and,<br />

WHEREAS, the <strong>Borough</strong> Council finds it in the best interest <strong>of</strong> the health, safety and welfare <strong>of</strong> the<br />

residents to appoint Anthony Sturchio as a Class I Special Officer.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

that Anthony Sturchio is hereby appointed as a Class I Special Officer to assist the <strong>Hightstown</strong> Police<br />

Department.<br />

BE IT FURTHER RESOLVED, that a certified copy <strong>of</strong> this resolution shall be forwarded to the<br />

Police Director, Police Lieutenant, Anthony Sturchio, Personnel File and Payroll.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


<strong>Hightstown</strong> Police Department<br />

415A Mercer Street<br />

<strong>Hightstown</strong>, New Jersey 08520<br />

Phone: (609) 448-1234 ~ Fax: (609) 443-0310 ~ email: police@hightstownborough.com<br />

James K. Le Tellier<br />

Police Director<br />

July26, <strong>2012</strong><br />

Mike Theokas, <strong>Borough</strong> Administrator<br />

Re:<br />

Class I Special Law Enforcement Officer (SLEO)<br />

As per our conversation, I am recommending Anthony Dylan Sturchio for the position <strong>of</strong> Class I<br />

Special Law Enforcement Officer for the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>. Dylan has been employed by<br />

the <strong>Borough</strong> as a dispatcher since June <strong>of</strong> 2009 and is currently serving as a part time housing<br />

inspector. He also has a strong background in firematics and is a per-diem fire coordinator for<br />

South Brunswick. I believe his training and experience would make him an asset to the <strong>Borough</strong><br />

and the police department as a Class I SLEO.<br />

He has demonstrated a strong desire to pursue a career in law enforcement. He is extremely<br />

knowledgeable in computer systems and s<strong>of</strong>tware which would be beneficial the Building<br />

Department. I believe that with training and guidance as a Class I SLEO he will do a good job. I<br />

also recommend that his salary be commensurate with the upper range. This position being a<br />

separate job title would not initial him to overtime while performing said duties as a Class I<br />

SLEO. Also, this position will allow him to enforce all appropriate codes and parking<br />

enforcement.<br />

Sincerely,<br />

James K. Le Tellier<br />

Police Director<br />

c. Anthony Dylan Sturchio<br />

Personnel File<br />

Protecting and Serving Our Community


Resolution <strong>2012</strong>-197<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING THE EXECUTION OF A NEW JESEY DEPARTMENT OF<br />

TRANSPORTATION RESOLUTION, APPLICATION AND AGREEMENT FOR<br />

STATE AID FOR GRAPE RUN ROAD AND PERSHING AVENUE<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> received notification <strong>of</strong> a Municipal Aid Grant for the<br />

reconstruction <strong>of</strong> Grape Run Road and Pershing Avenue in the amount <strong>of</strong> $220,000.00; and<br />

WHEREAS, the estimated cost for said project is $412,860.00; and<br />

WHEREAS, assuming the cost <strong>of</strong> the balance <strong>of</strong> this project above the grant award would cause financial<br />

burden to the <strong>Borough</strong>; and<br />

WHEREAS, the Mayor and <strong>Borough</strong> Council find that to preserve the safety and welfare <strong>of</strong> the public it is<br />

necessary to apply for Discretionary Aid for the completion <strong>of</strong> this project.<br />

THEREFORE BE IT RESOLVED by Mayor and <strong>Borough</strong> Council <strong>of</strong> <strong>Hightstown</strong> <strong>Borough</strong> that the<br />

Mayor and Clerk are authorized to execute the New Jersey Department <strong>of</strong> Transportation Resolution, Application,<br />

and Agreement for State Aid, and associated documentation, for the reconstruction <strong>of</strong> Grape Run Road and Pershing<br />

Avenue.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Resolution <strong>2012</strong>-198<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT # 1 – RICHARD T. BARRETT PAVING COMPANY,<br />

INC. (SUMMIT STREET SIDEWALKS)<br />

WHEREAS, on October 17, 2011, the <strong>Borough</strong> Council awarded a contract for the Summit Street<br />

Sidewalk project to Richard T. Barrett Paving Company, Inc. <strong>of</strong> Trenton, New Jersey in the amount <strong>of</strong><br />

$143,990.00; and<br />

WHEREAS, the contractor has submitted payment request #1 for work completed in the amount <strong>of</strong><br />

$115,554.45; and<br />

WHEREAS, the <strong>Borough</strong> Engineer has recommended approval <strong>of</strong> payment #1 to Richard T. Barrett<br />

Paving Company, Inc. in the amount <strong>of</strong> $115,554.45; and<br />

WHEREAS, Certified Payrolls have been received for this project; and<br />

WHEREAS, the Treasurer has certified that funds are available for this expenditure.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

that Payment Request No. 1 from Richard T. Barrett Paving Company, Inc. <strong>of</strong> Trenton, New Jersey in the<br />

amount <strong>of</strong> $115,554.45 is hereby approved as detailed herein, and the Treasurer is authorized to issue same.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

___________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Ordinance <strong>2012</strong>-11<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 2 ENTITLED<br />

“ADMINISTRATION”, SECTION 2-55, ENTITLED “FEES FOR MUNICIPAL<br />

SERVICES,” OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF<br />

HIGHTSTOWN, NEW JERSEY.”<br />

WHEREAS, the Mayor and Council wish to amend certain provisions contained within Chapter 2, Section<br />

2-55 <strong>of</strong> the <strong>Borough</strong> Code relating to enforcement and penalties as set forth herein.<br />

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong><br />

<strong>of</strong> <strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, that Chapter 2, Section 2-55 <strong>of</strong> the “Revised<br />

General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is hereby amended and supplemented as follows<br />

(additions are shown with underline; deletions are shown with strikeout):<br />

Section 2-55<br />

FEES FOR MUNICIPAL SERVICES<br />

Subsections:<br />

2-55.1 Inspection <strong>of</strong> Public Records.<br />

2-55.2 Fees for Copies.<br />

2-55.3 Copying by Person Requesting Documents.<br />

2-55.4 Denial <strong>of</strong> Examination <strong>of</strong> Records.<br />

2-55.5 Firearms Applications and Permits.<br />

2-55.6 Returned Check Charge.<br />

2-55.7 Fees for Notary Services.<br />

Subsection 2-55.1<br />

Inspection <strong>of</strong> Public Records.<br />

In accordance with the provisions <strong>of</strong> N.J.S.A. 47:1A-2, all records which are required by law to be made,<br />

maintained or kept on file by any board, body, agency, department, commission, authority or <strong>of</strong>ficial <strong>of</strong> the <strong>Borough</strong><br />

shall be deemed to be public records. Every citizen <strong>of</strong> the State shall have the right to inspect such records during<br />

regular business hours maintained by the custodian there<strong>of</strong>. Every citizen <strong>of</strong> the State shall also have the right,<br />

during regular business hours and under the supervision <strong>of</strong> the representative <strong>of</strong> the custodian, to copy such records<br />

by hand and to purchase copies <strong>of</strong> the records. Copies <strong>of</strong> records shall be made available upon the payment <strong>of</strong> the<br />

price established by law. (Ord. No. 19-1994)


Subsection 2-55.2<br />

Fees for Copies.<br />

The following fees shall be charged for copies <strong>of</strong> public documents:<br />

a. For copies <strong>of</strong> public documents on letter-size or legal-size paper, fees shall be charged in accordance<br />

with those listed in N.J.S.A. 47:1A-5(b).<br />

b. For oversized copies <strong>of</strong> public documents, the actual cost incurred in making the copy shall be charged.<br />

If the document must be copied by another source, e.g. a printer, for duplication, the actual cost paid by the<br />

<strong>Borough</strong> shall be paid by the requestor.<br />

c. There shall be no charge for electronic transmission <strong>of</strong> documents via fax or e-mail.<br />

d. For certified copies <strong>of</strong> birth certificates, marriage certificates, death certificates, domestic partnership<br />

certificates, or depositions, twenty ($20.00) dollars per certified copy.<br />

e. Municipal Court discovery and police accident reports<br />

1. All requests for discovery in matters pending in the <strong>Hightstown</strong> Municipal Court shall be<br />

submitted through the Municipal Prosecutor.<br />

2. The following fees shall be payable by the requestor to the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> for the<br />

discovery or accident report provided:<br />

i. For documents on letter-size or legal-size paper, fees shall be charged in<br />

accordance with those listed in N.J.S.A. 47:1A-5(b)<br />

ii.<br />

iii.<br />

iv.<br />

Actual postage for any discovery or accident report sent by mail<br />

$.25 for the envelope for any discovery or accident report sent by mail<br />

Photographs will be photocopied at the rates established herein. If requests<br />

are made for duplicate photographs, the actual cost <strong>of</strong> making the<br />

photographs shall be charged.<br />

v. Duplication <strong>of</strong> video tapes constitutes an extraordinary duplication process<br />

and will be charged at the rate <strong>of</strong> $5.00 per video tape.<br />

vi.<br />

vii.<br />

viii.<br />

For any item that cannot be photocopied on the <strong>Borough</strong>’s copy machine or<br />

for any item not otherwise provided for in this schedule, the actual cost<br />

incurred in making the copy shall be charged.<br />

Where the discovery must be obtained from an entity other than the <strong>Borough</strong><br />

<strong>of</strong> <strong>Hightstown</strong>, e.g. another police department, the actual costs paid to the<br />

other entity shall be paid by the requestor.<br />

There shall be no charge to persons over the age <strong>of</strong> 65 for discoveries or<br />

police accident reports.


f. For duplicate tax, water and sewer bills, five ($5.00) dollars each.<br />

g. For a certificate as to approval <strong>of</strong> subdivisions, as follows:<br />

1. When the property described in the application is shown on the Assessment Map subdivided<br />

into <strong>Borough</strong> lots and does not exceed five thousand (5,000) square feet in area, three ($3.00) dollars,<br />

and for each additional five thousand (5,000) square feet in area or fraction there<strong>of</strong>, an additional fifty<br />

($0.50) cents.<br />

2. When the property is shown on the Assessment Map as acreage or is so assessed and lies<br />

wholly within the limits <strong>of</strong> a single block, three ($3.00) dollars, and if within the limits <strong>of</strong> two (2) or more<br />

blocks, an additional one ($1.00) dollar for each block.<br />

3. When the property described in the application is or has been subdivided and assessed as<br />

more than one (1) item, an additional fee <strong>of</strong> one ($1.00) dollar shall be allowed for each subdivision<br />

separately assessed.<br />

4. Five ($5.00) dollars shall be the maximum charge for a certificate covering lands lying wholly<br />

within one (1) block as shown on the Assessment Map <strong>of</strong> the <strong>Borough</strong>, unless there is a subdivision <strong>of</strong><br />

proprietorship indicated by the assessment.<br />

h. For a certificate as to approval <strong>of</strong> subdivision within three (3) years from the date <strong>of</strong> the original search,<br />

one ($1.00) dollar per year.<br />

i. For <strong>of</strong>ficial searches for municipal liens (tax searches) or for improvements authorized but not<br />

assessed, ten ($10.00) dollars.<br />

j. For a continuation <strong>of</strong> an <strong>of</strong>ficial search for municipal liens or for a continuation <strong>of</strong> an <strong>of</strong>ficial search for<br />

improvements authorized but not assessed, two ($2.00) dollars per year.<br />

k. For a duplicate tax sale certificate, one hundred ($100.00) dollars.<br />

l. For a full copy <strong>of</strong> the Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, one hundred<br />

($100.00) dollars.<br />

m. For a full copy <strong>of</strong> the <strong>Borough</strong>’s Master Plan, one hundred and ninety-five ($195.00) dollars.<br />

n. For a copy <strong>of</strong> an audio or video tape, the actual cost <strong>of</strong> the media and duplication there<strong>of</strong>.<br />

(Ord. No. 19-1994; Ord. No. 1998-12 § 1(A)--(E); Ord. No. 2003-32; Ord. No. 2004-03; Ord. No. 2004-13; Ord. No. 2005-09;<br />

Ord. No. 2008-09; Ord. No. 2010-17)<br />

Subsection 2-55.3<br />

Copying by Person Requesting Documents.<br />

Where the document in question is more than one hundred (100) pages in length, the Clerk may permit the<br />

person requesting copies to use his own copying machine, provided that there is no risk <strong>of</strong> damage or mutilation <strong>of</strong><br />

the document and it would not be compatible with the transaction <strong>of</strong> public business. Such determination shall be<br />

completely within the discretion <strong>of</strong> the Clerk. The fee in such case shall be fifteen ($15.00) dollars per day. (Ord. No.<br />

19-1994)


Subsection 2-55.4<br />

Denial <strong>of</strong> Examination <strong>of</strong> Records.<br />

Notwithstanding the provisions <strong>of</strong> subsection 2-33.1, where it appears that the records which are sought to be<br />

examined pertain to an investigation in progress by any body, agency, commission, board, authority or <strong>of</strong>ficial, the<br />

right <strong>of</strong> examination may be denied if the inspection, copying or publication <strong>of</strong> the records would be inimical to the<br />

public interest, provided that this provision shall not be construed to prohibit any body, agency, commission board,<br />

authority or <strong>of</strong>ficial from opening such records to public examination if not otherwise prohibited by law. (Ord. No. 19-<br />

1994)<br />

Subsection 2-55.5<br />

Firearms Applications and Permits.<br />

The following fees will be charged as determined by the State <strong>of</strong> New Jersey:<br />

Federal and State Applicant Card $49.00<br />

Mental Health $15.00<br />

Firearms purchaser identification card $5.00<br />

Permit to purchase a pistol or revolver $2.00<br />

SBI Names Check<br />

(New)<br />

Subsection 2-55.6<br />

Returned Check Charge.<br />

A fee <strong>of</strong> twenty-five ($25.00) dollars will be charged for any check returned to the <strong>Borough</strong> unpaid for insufficient<br />

funds at the maximum allowable rate in accordance with N.J.S.A. 40:5-18. (Ord. No. 1998-12 § 1(F); Ord. No. 2008-<br />

09)<br />

Subsection 2-55.7<br />

Fees for Notary Services.<br />

A fee <strong>of</strong> two dollars and fifty cents ($2.50) will be charged per signature notarized for each <strong>of</strong> the following<br />

services:<br />

a. Administering an oath/affirmation<br />

b. Executing a jurat<br />

c. Taking pro<strong>of</strong> <strong>of</strong> a deed (pro<strong>of</strong> <strong>of</strong> execution)<br />

d. Taking an acknowledgement<br />

BE IT FURTHER ORDAINED, that all other Ordinances or parts <strong>of</strong> Ordinances inconsistent<br />

herewith are hereby repealed to the extent <strong>of</strong> such inconsistencies; and<br />

BE IT FURTHER ORDAINED, that in the event that any portion <strong>of</strong> this Ordinance is found to<br />

be invalid for any reason by any Court <strong>of</strong> competent jurisdiction, such judgment shall be limited in its


effect only to that portion <strong>of</strong> the Ordinance actually adjudged to be invalid, and the remaining portions <strong>of</strong><br />

this Ordinance shall be deemed severable therefrom and shall not be affected; and<br />

BE IT FURTHER ORDAINED, that this Ordinance shall take effect on upon final passage and<br />

publication in accordance with the law.<br />

Introduced:<br />

Adopted:<br />

ATTEST:<br />

_________________________________<br />

Debra L. Sopronyi<br />

Municipal Clerk<br />

_________________________________<br />

Steven Kirson<br />

Mayor


Ordinance <strong>2012</strong>-13<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL<br />

IMPROVEMENTS OF THE BOROUGH OF HIGHTSTOWN, IN<br />

THE COUNTY OF MERCER, NEW JERSEY,<br />

APPROPRIATING THE AGGREGATE AMOUNT OF $262,000<br />

THEREFOR AND AUTHORIZING THE ISSUANCE OF<br />

$249,500 BONDS OR NOTES OF THE BOROUGH TO FINANCE<br />

PART OF THE COST THEREOF<br />

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF<br />

HIGHTSTOWN, IN THE COUNTY OF MERCER, NEW JERSEY (not less than two-thirds <strong>of</strong><br />

all members there<strong>of</strong> affirmatively concurring) AS FOLLOWS:<br />

Section 1. The several improvements described in Section 3 <strong>of</strong> this bond ordinance<br />

are hereby respectively authorized to be undertaken by the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, in the<br />

County <strong>of</strong> Mercer, New Jersey (the "<strong>Borough</strong>") as general improvements. For the several<br />

improvements or purposes described in Section 3, there are hereby appropriated the respective<br />

sums <strong>of</strong> money therein stated as the appropriation made for each improvement or purpose, such<br />

sums amounting in the aggregate to $262,000, including the aggregate sum <strong>of</strong> $12,500 as the<br />

several down payments for the improvements or purposes required by the Local Bond Law. The<br />

down payments have been made available by virtue <strong>of</strong> provision for down payment or for capital<br />

improvement purposes in one or more previously adopted budgets.<br />

Section 2. In order to finance the cost <strong>of</strong> the several improvements or purposes not<br />

covered by application <strong>of</strong> the several down payments, negotiable bonds are hereby authorized to<br />

be issued in the principal amount <strong>of</strong> $249,500 pursuant to the Local Bond Law. In anticipation<br />

<strong>of</strong> the issuance <strong>of</strong> the bonds, negotiable bond anticipation notes are hereby authorized to be<br />

issued pursuant to and within the limitations prescribed by the Local Bond Law.<br />

Section 3. The several improvements hereby authorized and the several purposes for<br />

which the bonds are to be issued, the estimated cost <strong>of</strong> each improvement and the appropriation<br />

therefor, the estimated maximum amount <strong>of</strong> bonds or notes to be issued for each improvement<br />

and the period <strong>of</strong> usefulness <strong>of</strong> each improvement are as follows:


Purpose<br />

Appropriation<br />

and Estimated<br />

Cost<br />

Estimated<br />

Maximum Amount<br />

<strong>of</strong> Bonds or<br />

Notes<br />

Period <strong>of</strong><br />

Usefulness<br />

a) The acquisition <strong>of</strong> a copier,<br />

including all related costs and<br />

expenditures incidental thereto. $20,000 $19,045 15 years<br />

b) The acquisition and installation <strong>of</strong><br />

Time and Attendance<br />

S<strong>of</strong>tware/Hardware, including all<br />

related costs and expenditures<br />

incidental thereto and further<br />

including all work and materials<br />

necessary therefor and incidental<br />

thereto. $20,000 $19,045 15 years<br />

c) The acquisition <strong>of</strong> Mobil Vision<br />

Cameras and Radios for the Police<br />

Department, including all related<br />

costs and expenditures incidental<br />

thereto. $22,000 $20,950 10 years<br />

d) Milling and paving <strong>of</strong> roads, all as<br />

set forth on a list on file in the Office<br />

<strong>of</strong> the Clerk, including all work and<br />

materials necessary therefor and<br />

incidental thereto. $200,000 $190,460 10 years<br />

TOTALS $262,000 $249,500<br />

The excess <strong>of</strong> the appropriation made for each <strong>of</strong> the improvements or purposes aforesaid over<br />

the estimated maximum amount <strong>of</strong> bonds or notes to be issued therefor, as above stated, is the<br />

amount <strong>of</strong> the down payment for each purpose.<br />

Section 4. All bond anticipation notes issued hereunder shall mature at such times as<br />

may be determined by the chief financial <strong>of</strong>ficer; provided that no note shall mature later than<br />

one year from its date. The notes shall bear interest at such rate or rates and be in such form as<br />

may be determined by the chief financial <strong>of</strong>ficer. The chief financial <strong>of</strong>ficer shall determine all<br />

matters in connection with notes issued pursuant to this ordinance, and the chief financial<br />

<strong>of</strong>ficer's signature upon the notes shall be conclusive evidence as to all such determinations. All<br />

notes issued hereunder may be renewed from time to time subject to the provisions <strong>of</strong> the Local<br />

Bond Law. The chief financial <strong>of</strong>ficer is hereby authorized to sell part or all <strong>of</strong> the notes from<br />

time to time at public or private sale and to deliver them to the purchasers there<strong>of</strong> upon receipt <strong>of</strong>


payment <strong>of</strong> the purchase price plus accrued interest from their dates to the date <strong>of</strong> delivery<br />

there<strong>of</strong>. The chief financial <strong>of</strong>ficer is directed to report in writing to the governing body at the<br />

meeting next succeeding the date when any sale or delivery <strong>of</strong> the notes pursuant to this<br />

ordinance is made. Such report must include the amount, the description, the interest rate and<br />

the maturity schedule <strong>of</strong> the notes sold, the price obtained and the name <strong>of</strong> the purchaser.<br />

Section 5. The <strong>Borough</strong> hereby certifies that it has adopted a capital budget or a<br />

temporary capital budget, as applicable. The capital or temporary capital budget <strong>of</strong> the <strong>Borough</strong><br />

is hereby amended to conform with the provisions <strong>of</strong> this ordinance to the extent <strong>of</strong> any<br />

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with<br />

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has<br />

been filed with the Division <strong>of</strong> Local Government Services.<br />

Section 6.<br />

and stated:<br />

The following additional matters are hereby determined, declared, recited<br />

(a) The purposes described in Section 3 <strong>of</strong> this bond ordinance are not current<br />

expenses. They are all improvements that the <strong>Borough</strong> may lawfully undertake as general<br />

improvements, and no part <strong>of</strong> the costs there<strong>of</strong> has been or shall be specially assessed on<br />

property specially benefitted thereby.<br />

(b) The average period <strong>of</strong> usefulness, computed on the basis <strong>of</strong> the respective<br />

amounts <strong>of</strong> obligations authorized for each purpose and the reasonable life there<strong>of</strong> within the<br />

limitations <strong>of</strong> the Local Bond Law, is 10.76 years.<br />

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly<br />

prepared and filed in the <strong>of</strong>fice <strong>of</strong> the Clerk, and a complete executed duplicate there<strong>of</strong> has been<br />

filed in the <strong>of</strong>fice <strong>of</strong> the Director <strong>of</strong> the Division <strong>of</strong> Local Government Services in the<br />

Department <strong>of</strong> Community Affairs <strong>of</strong> the State <strong>of</strong> New Jersey. Such statement shows that the<br />

gross debt <strong>of</strong> the <strong>Borough</strong> as defined in the Local Bond Law is increased by the authorization <strong>of</strong><br />

the bonds and notes provided in this bond ordinance by $249,500, and the obligations authorized<br />

herein will be within all debt limitations prescribed by that Law.<br />

(d) An aggregate amount not exceeding $42,000 for items <strong>of</strong> expense listed in and<br />

permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the<br />

purposes or improvements.<br />

Section 7. The <strong>Borough</strong> hereby declares the intent <strong>of</strong> the <strong>Borough</strong> to issue the bonds<br />

or bond anticipation notes in the amount authorized in Section 2 <strong>of</strong> this bond ordinance and to<br />

use proceeds to pay or reimburse expenditures for the costs <strong>of</strong> the purposes described in Section<br />

3 <strong>of</strong> this bond ordinance. This Section 7 is a declaration <strong>of</strong> intent within the meaning and for<br />

purposes <strong>of</strong> Treasury Regulations.<br />

Section 8. Any grant moneys received for the purposes described in Section 3 here<strong>of</strong><br />

shall be applied either to direct payment <strong>of</strong> the cost <strong>of</strong> the improvements or to payment <strong>of</strong> the


obligations issued pursuant to this ordinance. The amount <strong>of</strong> obligations authorized but not<br />

issued hereunder shall be reduced to the extent that such funds are so used.<br />

Section 9. The chief financial <strong>of</strong>ficer <strong>of</strong> the <strong>Borough</strong> is hereby authorized to prepare<br />

and to update from time to time as necessary a financial disclosure document to be distributed in<br />

connection with the sale <strong>of</strong> obligations <strong>of</strong> the <strong>Borough</strong> and to execute such disclosure document<br />

on behalf <strong>of</strong> the <strong>Borough</strong>. The chief financial <strong>of</strong>ficer is further authorized to enter into the<br />

appropriate undertaking to provide secondary market disclosure on behalf <strong>of</strong> the <strong>Borough</strong><br />

pursuant to Rule 15c2-12 <strong>of</strong> the Securities and Exchange Commission (the “Rule”) for the<br />

benefit <strong>of</strong> holders and beneficial owners <strong>of</strong> obligations <strong>of</strong> the <strong>Borough</strong> and to amend such<br />

undertaking from time to time in connection with any change in law, or interpretation there<strong>of</strong>,<br />

provided such undertaking is and continues to be, in the opinion <strong>of</strong> a nationally recognized bond<br />

counsel, consistent with the requirements <strong>of</strong> the Rule. In the event that the <strong>Borough</strong> fails to<br />

comply with its undertaking, the <strong>Borough</strong> shall not be liable for any monetary damages, and the<br />

remedy shall be limited to specific performance <strong>of</strong> the undertaking.<br />

Section 10. The full faith and credit <strong>of</strong> the <strong>Borough</strong> are hereby pledged to the punctual<br />

payment <strong>of</strong> the principal <strong>of</strong> and the interest on the obligations authorized by this bond ordinance.<br />

The obligations shall be direct, unlimited obligations <strong>of</strong> the <strong>Borough</strong>, and the <strong>Borough</strong> shall be<br />

obligated to levy ad valorem taxes upon all the taxable real property within the <strong>Borough</strong> for the<br />

payment <strong>of</strong> the obligations and the interest thereon without limitation <strong>of</strong> rate or amount.<br />

Section 11. This bond ordinance shall take effect 20 days after the first publication<br />

there<strong>of</strong> after final adoption, as provided by the Local Bond Law.<br />

Introduced:<br />

Adopted:<br />

ATTEST:<br />

_________________________________<br />

Debra L. Sopronyi<br />

Municipal Clerk<br />

_________________________________<br />

Steven Kirson<br />

Mayor


Ordinance <strong>2012</strong>-14<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

BOND ORDINANCE PROVIDING FOR VARIOUS<br />

WATER-SEWER IMPROVEMENTS IN AND BY THE<br />

BOROUGH OF HIGHTSTOWN, IN THE COUNTY OF<br />

MERCER, NEW JERSEY, APPROPRIATING $132,000<br />

THEREFOR AND AUTHORIZING THE ISSUANCE OF<br />

$122,000 BONDS OR NOTES OF THE BOROUGH FOR<br />

FINANCING THE COST THEREOF<br />

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF<br />

HIGHTSTOWN, IN THE COUNTY OF MERCER, NEW JERSEY (not less than two-thirds <strong>of</strong><br />

all members there<strong>of</strong> affirmatively concurring) AS FOLLOWS:<br />

Section 1. The improvements described in Section 3 <strong>of</strong> this bond ordinance are<br />

hereby authorized to be undertaken by the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, in the County <strong>of</strong> Mercer,<br />

New Jersey (the "<strong>Borough</strong>"). For the improvements or purposes described in Section 3, there is<br />

hereby appropriated the sum <strong>of</strong> $132,000. Although, no down payments are required as the<br />

purposes authorized herein are deemed self-liquidating and the obligations authorized herein are<br />

deductible from the gross debt <strong>of</strong> the <strong>Borough</strong>, as more fully explained in Section 6(e) <strong>of</strong> this<br />

bond ordinance, an aggregate amount <strong>of</strong> $10,000 is nevertheless provided. The down payments<br />

have been made available by virtue <strong>of</strong> provision for down payment or for capital improvement<br />

purposes in one or more previously adopted budgets.<br />

Section 2. In order to finance the cost <strong>of</strong> the improvements or purposes not covered<br />

by application <strong>of</strong> the down payments, negotiable bonds are hereby authorized to be issued in the<br />

principal amount <strong>of</strong> $122,000 pursuant to the Local Bond Law. In anticipation <strong>of</strong> the issuance <strong>of</strong><br />

the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and<br />

within the limitations prescribed by the Local Bond Law.<br />

Section 3. The several improvements hereby authorized and the several purposes for<br />

which the bonds are to be issued, the estimated cost <strong>of</strong> each improvement and the appropriation<br />

therefor, the estimated maximum amount <strong>of</strong> bonds or notes to be issued for each improvement<br />

and the period <strong>of</strong> usefulness <strong>of</strong> each improvement are as follows:


Purpose<br />

Appropriation<br />

and Estimated<br />

Cost<br />

Estimated<br />

Maximum Amount<br />

<strong>of</strong> Bonds or<br />

Notes<br />

Period <strong>of</strong><br />

Usefulness<br />

a) Ro<strong>of</strong> replacement, including all<br />

work and materials necessary therefor<br />

and incidental thereto. $30,000 $27,000 15 years<br />

b) Mitigation water plant<br />

improvements, including all work and<br />

materials necessary therefor and<br />

incidental thereto. $102,000 $95,000 15 years<br />

TOTALS $132,000 $122,000<br />

The excess <strong>of</strong> the appropriation made for each <strong>of</strong> the improvements or purposes aforesaid over<br />

the estimated maximum amount <strong>of</strong> bonds or notes to be issued therefor, as above stated, is the<br />

amount <strong>of</strong> the down payment for each purpose.<br />

Section 4. All bond anticipation notes issued hereunder shall mature at such times as<br />

may be determined by the chief financial <strong>of</strong>ficer; provided that no note shall mature later than<br />

one year from its date. The notes shall bear interest at such rate or rates and be in such form as<br />

may be determined by the chief financial <strong>of</strong>ficer. The chief financial <strong>of</strong>ficer shall determine all<br />

matters in connection with notes issued pursuant to this bond ordinance, and the chief financial<br />

<strong>of</strong>ficer's signature upon the notes shall be conclusive evidence as to all such determinations. All<br />

notes issued hereunder may be renewed from time to time subject to the provisions <strong>of</strong> the Local<br />

Bond Law. The chief financial <strong>of</strong>ficer is hereby authorized to sell part or all <strong>of</strong> the notes from<br />

time to time at public or private sale and to deliver them to the purchasers there<strong>of</strong> upon receipt <strong>of</strong><br />

payment <strong>of</strong> the purchase price plus accrued interest from their dates to the date <strong>of</strong> delivery<br />

there<strong>of</strong>. The chief financial <strong>of</strong>ficer is directed to report in writing to the governing body at the<br />

meeting next succeeding the date when any sale or delivery <strong>of</strong> the notes pursuant to this bond<br />

ordinance is made. Such report must include the amount, the description, the interest rate and the<br />

maturity schedule <strong>of</strong> the notes sold, the price obtained and the name <strong>of</strong> the purchaser.<br />

Section 5. The <strong>Borough</strong> hereby certifies that it has adopted a capital budget or a<br />

temporary capital budget, as applicable. The capital or temporary capital budget <strong>of</strong> the <strong>Borough</strong><br />

is hereby amended to conform with the provisions <strong>of</strong> this bond ordinance to the extent <strong>of</strong> any<br />

inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with<br />

the adopted capital or temporary capital budget, a revised capital or temporary capital budget has<br />

been filed with the Division <strong>of</strong> Local Government Services.<br />

Section 6.<br />

and stated:<br />

The following additional matters are hereby determined, declared, recited


(a)<br />

The improvements or purposes described in Section 3 <strong>of</strong> this bond ordinance are<br />

not current expenses. They are improvements or purposes that the <strong>Borough</strong> may<br />

lawfully undertake as self-liquidating purposes <strong>of</strong> a municipal public utility. No<br />

part <strong>of</strong> the cost there<strong>of</strong> has been or shall be specially assessed on property<br />

specially benefitted thereby.<br />

(b) The average period <strong>of</strong> usefulness, computed on the basis <strong>of</strong> the respective<br />

amounts <strong>of</strong> obligations authorized for each purpose and the reasonable life there<strong>of</strong> within the<br />

limitations <strong>of</strong> the Local Bond Law, is 15 years.<br />

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly<br />

prepared and filed in the <strong>of</strong>fice <strong>of</strong> the Clerk, and a complete executed duplicate there<strong>of</strong> has been<br />

filed in the <strong>of</strong>fice <strong>of</strong> the Director <strong>of</strong> the Division <strong>of</strong> Local Government Services in the<br />

Department <strong>of</strong> Community Affairs <strong>of</strong> the State <strong>of</strong> New Jersey. Such statement shows that the<br />

gross debt <strong>of</strong> the <strong>Borough</strong> as defined in the Local Bond Law is increased by the authorization <strong>of</strong><br />

the bonds and notes provided in this bond ordinance by $122,000, but that the net debt <strong>of</strong> the<br />

<strong>Borough</strong> determined as provided in the Local Bond Law is not increased by this bond ordinance.<br />

The obligations authorized herein will be within all debt limitations prescribed by that Law.<br />

(d) An aggregate amount not exceeding $12,000 for items <strong>of</strong> expense listed in and<br />

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

purposes or improvements.<br />

(e) This bond ordinance authorizes obligations <strong>of</strong> the <strong>Borough</strong> solely for purposes<br />

described in N.J.S.A. 40A:2-7(h). The obligations authorized herein are to be issued for a<br />

purpose that is deemed to be self-liquidating pursuant to N.J.S.A. 40A:2-47(a) and are deductible<br />

from gross debt pursuant to N.J.S.A. 40A:2-44(c).<br />

Section 7. The <strong>Borough</strong> hereby declares the intent <strong>of</strong> the <strong>Borough</strong> to issue the bonds or<br />

bond anticipation notes in the amount authorized in Section 2 <strong>of</strong> this bond ordinance and to use<br />

proceeds to pay or reimburse expenditures for the costs <strong>of</strong> the purposes described in Section 3 <strong>of</strong><br />

this bond ordinance. This Section 7 is a declaration <strong>of</strong> intent within the meaning and for purposes<br />

<strong>of</strong> Treasury Regulations §1.150-2 or any successor provisions <strong>of</strong> federal income tax law.<br />

Section 8. Any grant moneys received for the purposes described in Section 3 here<strong>of</strong><br />

shall be applied either to direct payment <strong>of</strong> the cost <strong>of</strong> the improvements or to payment <strong>of</strong> the<br />

obligations issued pursuant to this bond ordinance. The amount <strong>of</strong> obligations authorized but not<br />

issued hereunder shall be reduced to the extent that such funds are so used.<br />

Section 9. The chief financial <strong>of</strong>ficer <strong>of</strong> the <strong>Borough</strong> is hereby authorized to prepare<br />

and to update from time to time as necessary a financial disclosure document to be distributed in<br />

connection with the sale <strong>of</strong> obligations <strong>of</strong> the <strong>Borough</strong> and to execute such disclosure document<br />

on behalf <strong>of</strong> the <strong>Borough</strong>. The chief financial <strong>of</strong>ficer is further authorized to enter into the<br />

appropriate undertaking to provide secondary market disclosure on behalf <strong>of</strong> the <strong>Borough</strong><br />

pursuant to Rule 15c2-12 <strong>of</strong> the Securities and Exchange Commission (the “Rule”) for the<br />

benefit <strong>of</strong> holders and beneficial owners <strong>of</strong> obligations <strong>of</strong> the <strong>Borough</strong> and to amend such


undertaking from time to time in connection with any change in law, or interpretation there<strong>of</strong>,<br />

provided such undertaking is and continues to be, in the opinion <strong>of</strong> a nationally recognized bond<br />

counsel, consistent with the requirements <strong>of</strong> the Rule. In the event that the <strong>Borough</strong> fails to<br />

comply with its undertaking, the <strong>Borough</strong> shall not be liable for any monetary damages, and the<br />

remedy shall be limited to specific performance <strong>of</strong> the undertaking.<br />

Section 10. The full faith and credit <strong>of</strong> the <strong>Borough</strong> are hereby pledged to the punctual<br />

payment <strong>of</strong> the principal <strong>of</strong> and the interest on the obligations authorized by this bond ordinance.<br />

The obligations shall be direct, unlimited obligations <strong>of</strong> the <strong>Borough</strong>, and the <strong>Borough</strong> shall be<br />

obligated to levy ad valorem taxes upon all the taxable real property within the <strong>Borough</strong> for the<br />

payment <strong>of</strong> the obligations and the interest thereon without limitation <strong>of</strong> rate or amount.<br />

Section 11. This bond ordinance shall take effect 20 days after the first publication<br />

there<strong>of</strong> after final adoption, as provided by the Local Bond Law.<br />

Introduced:<br />

Adopted:<br />

ATTEST:<br />

_________________________________<br />

Debra L. Sopronyi<br />

Municipal Clerk<br />

_________________________________<br />

Steven Kirson<br />

Mayor


Ordinance <strong>2012</strong>-09<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 4-21,<br />

ENTITLED “TAXICAB LICENSING,” OF THE “REVISED GENERAL<br />

ORDINANCES OF THE BOROUGH OF HIGHTSTOWN,<br />

NEW JERSEY.”<br />

WHEREAS, the Mayor and Council wish to amend certain provisions contained within<br />

Section 4-21 <strong>of</strong> the <strong>Borough</strong> Code relating to Taxicab Licensing as set forth herein.<br />

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the <strong>Borough</strong><br />

Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, that<br />

Section 4-21 <strong>of</strong> the “Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is<br />

hereby amended and supplemented as follows (additions are shown with underline; deletions are<br />

shown with strikeout):<br />

4-21.1 Definitions.<br />

Section 4-21<br />

TAXICAB LICENSING<br />

As used in this section, the following terms shall have the meanings indicated:<br />

<strong>Borough</strong> shall mean the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>.<br />

Driver shall mean any person who operates a taxicab within the <strong>Borough</strong>, whether or not<br />

such person is also the owner there<strong>of</strong>.<br />

Operation <strong>of</strong> a taxicab shall mean transporting in a taxicab one (1) or more persons for<br />

hire. Accepting a passenger to be transported for hire from a point <strong>of</strong> departure within the<br />

<strong>Borough</strong> to a destination within or without the <strong>Borough</strong> shall be considered "operation <strong>of</strong><br />

a taxicab" within the <strong>Borough</strong>. The "operation <strong>of</strong> a taxicab" by one other than the owner<br />

shall be deemed operation by the owner as well as by the person actually driving the taxi.<br />

The transportation <strong>of</strong> any person other than the owner or driver in any motor vehicle<br />

bearing a sign using the words "taxi," "taxicab," "cab" or "hack" shall be prima facie<br />

evidence <strong>of</strong> operation.<br />

Owner shall mean any person, business entity, association or other legal entity in whose<br />

name title to any taxicab is registered with the New Jersey Division <strong>of</strong> Motor Vehicles or<br />

1


who appears in the Division's records to be a conditional vendee or lessee or has any<br />

other proprietary interest in a taxicab.<br />

Police Commissioner shall mean the member <strong>of</strong> the <strong>Borough</strong> Council designated as such<br />

on an annual basis by the Mayor, pursuant to Subsection 2-19.3 <strong>of</strong> the <strong>Borough</strong> Code.<br />

Police Director shall mean the person appointed by the Governing Body to serve as the<br />

executive head <strong>of</strong> the Police Department, in accordance with Subsection 2-19.4 <strong>of</strong> the<br />

<strong>Borough</strong> Code.<br />

Taxicab or taxi or cab shall mean a motor vehicle used to transport passengers for hire or<br />

compensation which does not operate over a fixed route and is not hired by the day or<br />

hour.<br />

4-21.2 Licenses Required.<br />

No person shall operate a taxicab within the <strong>Borough</strong> unless both the owner and the driver <strong>of</strong> the<br />

taxicab are licensed under this section.<br />

4-21.3 Types <strong>of</strong> Licenses.<br />

a. Taxicab Driver’s License. The holder <strong>of</strong> a taxicab driver’s license shall be<br />

entitled to operate within the <strong>Borough</strong> any taxicab whose owner has been licensed<br />

under this Section.<br />

b. Taxicab Owner’s License. The holder <strong>of</strong> a taxicab owner’s license shall be<br />

entitled to operate a taxicab owned by him or leased by the licensee within the<br />

<strong>Borough</strong>, provided that the person driving the cab holds a valid taxicab driver’s<br />

license.<br />

4-21.4 Licensing <strong>of</strong> Taxicab Owners.<br />

a. The <strong>Borough</strong> will make available on an annual basis a maximum <strong>of</strong> five (5)<br />

taxicab owner’s licenses, subject to the provisions <strong>of</strong> sub-paragraph “b” below.<br />

Licenses shall be awarded on a first come, first served qualifying basis. Those<br />

licensees that have been previously licensed by the <strong>Borough</strong> during the prior year<br />

and who remain in good standing and who have submitted their statement for<br />

renewal (per the provisions <strong>of</strong> sub-paragraph “i” below) prior to January 1 st , shall<br />

be afforded the first opportunity for re-licensing. All other applicants shall be<br />

afforded the opportunity to obtain a taxicab owner’s license after January 1 st .<br />

b. Should the <strong>Borough</strong> determine to authorize the issuance <strong>of</strong> one or more new or<br />

additional taxicab owner’s licenses beyond the maximum number referenced in<br />

sub-paragraph “a” above, then such issuance shall be authorized by future<br />

Ordinance <strong>of</strong> the Governing Body, in accordance with the following<br />

requirements:<br />

2


1. The disposition <strong>of</strong> new or additional licenses shall be made to the highest<br />

qualified bidder(s) at a sale by public auction for that purpose which is<br />

conducted or supervised by the Municipal Clerk in accordance with<br />

N.J.S.A. 48:16-2.3. The public auction shall be undertaken in accordance<br />

with the notice requirements set forth in N.J.S.A. 48:16-2.1.<br />

2. The Ordinance adopted by the Governing Body for this purpose may<br />

prescribe certain requirements, including but not limited to qualifications<br />

for prospective bidders, a minimum bid amount, conditions <strong>of</strong> sale, and<br />

the reservation by the <strong>Borough</strong> <strong>of</strong> the right to reject all bids where the<br />

highest bid is not accepted. The Ordinance may also include a<br />

requirement for reimbursement <strong>of</strong> the <strong>Borough</strong> by the successful bidder(s)<br />

for any costs incurred by the <strong>Borough</strong> in complying with the public notice<br />

requirements set forth in N.J.S.A. 48:16-2.1. In such case, should more<br />

than one taxi license be issued at the same public auction, then the<br />

recipients there<strong>of</strong> shall equally split the costs <strong>of</strong> reimbursing the <strong>Borough</strong><br />

for any expenses incurred by the <strong>Borough</strong> in complying with the public<br />

notice requirements.<br />

3. Any license(s) sold through this process shall be subject to all <strong>of</strong> the<br />

requirements set forth in the authorizing Ordinance, as well as all other<br />

<strong>Borough</strong> requirements set forth herein, including the investigation<br />

specified in sub-paragraph “d” below.<br />

a c.<br />

Application Information.<br />

1. Application for a taxicab owner's license above shall be made to the<br />

<strong>Borough</strong> Clerk on forms provided by her. Any changes to the information<br />

included in the application which occur during the licensing period shall<br />

be reported to the <strong>Borough</strong> Clerk within three (3) calendar days <strong>of</strong> the<br />

change.<br />

2. Applications shall be signed and verified by oath or affirmation by the<br />

applicant. Applications by a partnership shall give the information<br />

required for each partner and shall be signed and verified by all partners.<br />

Applications by a corporation shall give the information required for and<br />

be signed and verified by all <strong>of</strong>ficers and directors and all persons holding<br />

more than ten (10%) percent <strong>of</strong> the corporation's common stock, as well as<br />

by a person duly authorized to act for the corporation itself.<br />

3. Insurance requirements. Applications received after the effective date <strong>of</strong><br />

this Ordinance for new licenses or for renewal <strong>of</strong> existing licenses must be<br />

accompanied by pro<strong>of</strong> <strong>of</strong> automobile liability insurance coverage which is<br />

in effect and issued by a company licensed and admitted to transact<br />

business in the State <strong>of</strong> New Jersey, and acceptable to the <strong>Borough</strong>,<br />

indicating limits <strong>of</strong> liability in amounts not less than the following:<br />

3


$50,000 per person and $100,000 per accident for bodily injury or death<br />

and $50,000 per accident for property damage. Pro<strong>of</strong> <strong>of</strong> insurance must<br />

also indicate that insurance coverage applies to all owned or leased<br />

vehicles <strong>of</strong> the applicant or must specify by description all <strong>of</strong> the vehicles<br />

to which the coverage applies. Said pro<strong>of</strong> <strong>of</strong> insurance must also indicate<br />

that the <strong>Borough</strong> will be notified with shall receive advance written notice<br />

<strong>of</strong> at least thirty (30) days advance notice should the coverage be cancelled<br />

or non-renewed prior to any cancellation or non-renewal there<strong>of</strong>, except<br />

that no less than ten (10) days advance written notice shall be provided for<br />

non-payment <strong>of</strong> premium. The insurance policy shall provide for the<br />

payment <strong>of</strong> any final judgment recovered by any person on account <strong>of</strong> the<br />

ownership, maintenance, or use <strong>of</strong> the vehicle(s) <strong>of</strong> the applicant, or any<br />

fault in respect thereto, and shall be for the benefit <strong>of</strong> every person<br />

suffering loss, damage or injury as aforesaid. The <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

shall be named as an additional insured on any insurance policy submitted<br />

in accordance with the requirements <strong>of</strong> this section. If the taxicab owner’s<br />

application for license applies to more than one vehicle, the taxicab owner<br />

may satisfy the insurance requirements specified herein through the<br />

submission <strong>of</strong> a blanket bond or insurance policy which meets the criteria<br />

specified in N.J.S.A. 48:16-4.<br />

4. Information about each taxicab vehicle to be operated under the taxicab<br />

owner’s license shall be provided, including the following:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

Vehicle year, make, model and color <strong>of</strong> vehicle.<br />

Vehicle identification number.<br />

New Jersey State license plate number.<br />

Passenger capacity.<br />

Insurance company, policy number and expiration date.<br />

Name and address <strong>of</strong> vehicle owner if different than applicant.<br />

5. Any person who shall make a false statement in any license application or<br />

in any record or certificate that is required to be filed or maintained shall<br />

be subject to rejection <strong>of</strong> the application submitted and/or to appropriate<br />

disciplinary sanctions, including license suspension or revocation, in<br />

addition to any penalty provided under the New Jersey Criminal Code.<br />

b. d. Investigation; Grant or Denial <strong>of</strong> License Hearing before Council. The Chief <strong>of</strong><br />

Police or a Police Officer designated by him Police Director or his designee shall<br />

4


investigate the all applications. A copy <strong>of</strong> the application shall also be provided<br />

to the Zoning Officer for review and for a determination that the proposed<br />

location <strong>of</strong> the taxi operation does not violate applicable zoning regulations. A<br />

report containing the results <strong>of</strong> the Police investigation and evaluation, a<br />

recommendation by the Chief <strong>of</strong> Police Police Director or his designee that the<br />

license be granted or denied, and the reasons for his such recommendation shall<br />

be forwarded to the Council Police Director (i.e., in cases where the investigation<br />

is performed by the Police Director’s designee) and the Police Commissioner. A<br />

report regarding the Zoning Officer’s findings shall also be provided to the<br />

Council Police Director and the Police Commissioner. The <strong>Borough</strong> Clerk shall<br />

ensure that copies <strong>of</strong> these reports are also made available to the applicant. Based<br />

upon the findings set forth in the reports, the Police Director shall determine<br />

whether to grant or deny the license. Said determination shall be rendered in<br />

writing and shall be provided to the applicant. In those cases where the Chief <strong>of</strong><br />

Police or his designee, or the Zoning Officer, has recommended against issuing<br />

the license, the applicant shall be afforded the opportunity for a hearing before the<br />

<strong>Borough</strong> Council. Any request for a hearing must be made within ten (10) days <strong>of</strong><br />

the applicant's receipt <strong>of</strong> the applicable report. At the hearing, the applicant shall<br />

have the right to be represented by counsel and will be afforded the opportunity to<br />

testify himself or to present witnesses in support <strong>of</strong> his position, to cross-examine<br />

opposing witnesses and, at his own expense, to have a stenographic record made<br />

<strong>of</strong> the proceedings. At the conclusion <strong>of</strong> the hearing, the Council will determine<br />

whether to grant or deny the license.<br />

c. e. Factors Considered. In determining whether to grant or deny the license, the<br />

Council Police Director shall take into consideration the following factors:<br />

1. The character, business and financial responsibility and experience <strong>of</strong> the<br />

applicant and the probability that, if granted a license, the applicant will<br />

operate his taxicab(s) in accordance with the provisions <strong>of</strong> this section.<br />

2. Any other factors directly related to the granting or denial <strong>of</strong> the license<br />

which would substantially affect the public safety or convenience.<br />

d. f. Issuance <strong>of</strong> License. The Council shall, by resolution, grant or deny the license. If<br />

the application is approved by the Police Director, the Clerk Police Department<br />

shall issue the license.<br />

e. g. License Term; Fees.<br />

1. A taxicab owner's license shall be valid for the remainder <strong>of</strong> the calendar<br />

year for which it is issued, expiring on December 31 st <strong>of</strong> said year.<br />

2. The license fee shall be fifty ($50.00) one hundred ($100.00) dollars per<br />

year or portion there<strong>of</strong> per vehicle and shall be nonrefundable in the event<br />

that the application is denied. For licenses issued in <strong>2012</strong>, the license fee<br />

5


shall be pro-rated. For licenses issued in 2013 and thereafter, all<br />

applicants shall be charged the full nonrefundable license fee amount.<br />

h. In those cases where the license has been denied, the applicant shall be afforded<br />

the opportunity for a hearing before the Police Commissioner. Any request for a<br />

hearing must be made within ten (10) days <strong>of</strong> the applicant's receipt <strong>of</strong> written<br />

notice <strong>of</strong> denial from the Police Director. At the hearing, the applicant shall have<br />

the right to be represented by counsel and will be afforded the opportunity to<br />

testify himself or to present witnesses in support <strong>of</strong> his position, to cross-examine<br />

opposing witnesses and, at his own expense, to have a stenographic record made<br />

<strong>of</strong> the proceedings. Following the hearing, the Police Commissioner’s<br />

determination shall be final.<br />

f. i. Renewals. A taxicab owner's license may shall be renewed by the Council Police<br />

Director without a hearing upon the licensee's filing with the Chief <strong>of</strong> Police<br />

Police Director or his designee a sworn notarized statement certifying that there<br />

have been no changes in the information contained in the initial application and<br />

upon the completion <strong>of</strong> the investigation set forth in paragraph (d) above<br />

indicating results that are satisfactory to the Police Director.<br />

j. Any change(s) in the information contained within the owner’s license application<br />

shall be reported to the <strong>Borough</strong> Clerk within three (3) business days there<strong>of</strong>. A<br />

charge in the amount <strong>of</strong> twenty-five ($25.00) dollars shall be levied for each<br />

business day after three days that any such changes are not reported to the<br />

<strong>Borough</strong>.<br />

4-21.5 Licensing <strong>of</strong> Taxicab Drivers.<br />

a. Applications.<br />

1. Application for a taxicab driver's license shall be made annually to the<br />

<strong>Borough</strong> Clerk upon forms provided by her that <strong>of</strong>fice, and shall be<br />

forwarded to the Chief <strong>of</strong> Police Police Director for investigation and<br />

approval processing, screening and determination. Applications shall be<br />

completed by the applicant in the presence <strong>of</strong> the <strong>Borough</strong> Clerk or her<br />

designee, and shall be taken in the Clerk’s <strong>of</strong>fice only, during days and<br />

hours established by the Clerk. Except as hereinafter provided, applicants<br />

shall have the following minimum qualifications:<br />

(a)<br />

(b)<br />

(c)<br />

Applicant must be over twenty-one (21) years <strong>of</strong> age.<br />

Applicant must be a United States citizen or a legal resident alien.<br />

A copy <strong>of</strong> the alien registration card or work permit must be<br />

submitted with the application.<br />

Applicant must possess a valid New Jersey driver's license.<br />

6


(d)<br />

(e)<br />

(f)<br />

(g)<br />

Applicant must supply a certification from a licensed physician, on<br />

a form to be provided by the <strong>Borough</strong> Clerk, indicating that the<br />

applicant has been examined within the past sixty (60) days and is<br />

in sound physical condition, has eyesight corrected to 20/20 vision<br />

and is not subject to any infirmity <strong>of</strong> body or mind which might<br />

render the applicant unfit for safe operation <strong>of</strong> a vehicle for hire.<br />

Applicant must certify that he/she is not addicted to the use <strong>of</strong><br />

narcotics or intoxicating liquors.<br />

Applicant must be able to read, write and understand the English<br />

language and speak the English language sufficiently to converse<br />

with the general public, to understand highway traffic signs and<br />

signals in the English language, to respond to <strong>of</strong>ficial inquiries, and<br />

to make entries on reports and records.<br />

Applicants must not have been convicted <strong>of</strong> any crime involving<br />

moral turpitude be fingerprinted by the Police Department and<br />

submit to the performance <strong>of</strong> a criminal history record background<br />

check (both State and Federal). All costs associated with<br />

administering and processing the background check(s) shall paid<br />

by the applicant. An applicant shall be disqualified from operating<br />

or driving a taxi within the <strong>Borough</strong>, and shall not be issued a<br />

taxicab driver’s license, if a criminal history record background<br />

check reveals a record <strong>of</strong> conviction <strong>of</strong> any <strong>of</strong> the following crimes<br />

as having been committed by the applicant in New Jersey or<br />

elsewhere, or a record <strong>of</strong> conviction <strong>of</strong> a crime in another<br />

jurisdiction in the world which, in that jurisdiction, is comparable<br />

to any <strong>of</strong> the following crimes:<br />

(1) Aggravated assault;<br />

(2) Arson;<br />

(3) Burglary;<br />

(4) Escape;<br />

(5) Extortion;<br />

(6) Homicide;<br />

(7) Kidnapping<br />

(8) Robbery;<br />

7


(9) Aggravated Sexual assault;<br />

(10) Sexual assault;<br />

(11) Endangering the welfare <strong>of</strong> a child pursuant to N.J.S.A.<br />

2C:24-4, whether or not armed with or having in his<br />

possession any weapon enumerated in subsection “r.” <strong>of</strong><br />

N.J.S.A. 2C:39-1; or<br />

(12) A crime pursuant to the provisions <strong>of</strong> N.J.S.A. 2C:39-3,<br />

N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9, or other than a<br />

disorderly persons or petty disorderly persons <strong>of</strong>fense for<br />

the unlawful use, possession or sale <strong>of</strong> a controlled<br />

dangerous substance as defined in N.J.S.A. 2C:35-2.<br />

The above automatic disqualification shall not apply, however, to<br />

those applicants who were convicted <strong>of</strong> any <strong>of</strong> the above crimes<br />

prior to the effective date <strong>of</strong> this Ordinance and who had<br />

previously received the consent <strong>of</strong> the <strong>Borough</strong> to operate a taxicab<br />

within the <strong>Borough</strong> and who had a valid taxicab driver’s license<br />

issued and in effect by the <strong>Borough</strong> as <strong>of</strong> the effective date <strong>of</strong> P.L.<br />

2011, c.135.<br />

Additionally, if a person who has been convicted <strong>of</strong> one <strong>of</strong> the<br />

crimes listed above can produce a certificate <strong>of</strong> rehabilitation<br />

issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal <strong>of</strong>fense<br />

occurred outside <strong>of</strong> New Jersey, an equivalent certificate from the<br />

jurisdiction where the criminal <strong>of</strong>fense occurred, then the criminal<br />

<strong>of</strong>fense shall not disqualify the applicant from operating or driving<br />

a taxicab within the <strong>Borough</strong>.<br />

(h)<br />

(i)<br />

Applicant must have a thorough knowledge <strong>of</strong> the law, traffic<br />

regulations and geography <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, the<br />

Motor Vehicle Act, the Traffic Act and other ordinances and<br />

regulations having to do with traffic. Each applicant may be<br />

examined as to his or her knowledge <strong>of</strong> these provisions, and if the<br />

result <strong>of</strong> the examination is unsatisfactory, the application shall be<br />

refused a license.<br />

Be fingerprinted by the Police Department, with a report therein<br />

received from the State Police or Federal Bureau <strong>of</strong> Investigation.<br />

(j) (h) Applicant must not have been convicted, within the three (3) years<br />

prior to the date <strong>of</strong> the application, <strong>of</strong> reckless driving, driving<br />

while intoxicated, leaving the scene <strong>of</strong> an accident or driving more<br />

8


than thirty (30) miles an hour above the speed limit, and applicant<br />

must not have been convicted, within the five (5) years prior to the<br />

date <strong>of</strong> the application <strong>of</strong> driving while intoxicated.<br />

(k) (i) At the time <strong>of</strong> application, applicant must have no more than eight<br />

(8) six (6) New Jersey State Division <strong>of</strong> Motor Vehicle points on<br />

his or her driving record, or the equivalent if licensed in any other<br />

state.<br />

(l) (j) Requirements (d) and (i) (g) above, regarding physician’s<br />

certification and fingerprinting, shall not apply to any taxicab<br />

driver who holds a valid taxicab driver’s license in any other<br />

Mercer County municipality which is compliant with P.L. 2011,<br />

c.135 and whose firm is licensed in and operating out <strong>of</strong> said<br />

municipality. Such person(s) shall be qualified to obtain a taxicab<br />

driver’s license in <strong>Hightstown</strong> upon completion <strong>of</strong> the application<br />

form, payment <strong>of</strong> the required fee and submission <strong>of</strong> the following<br />

documentation:<br />

(1) Certification by the applicant that he or she meets all <strong>of</strong> the<br />

requirements (a), (b), (e), (f), (g), (h), (i), (j) and (k) <strong>of</strong><br />

Section 4-21.5(a)(1) set forth in sub-paragraph “a(1)” <strong>of</strong><br />

Subsection 4-21.5 above.<br />

(2) If not a United States citizen, a copy <strong>of</strong> alien registration<br />

card or work permit.<br />

(3) Current valid taxicab driver’s license from any other<br />

Mercer County municipality.<br />

(4) Valid New Jersey’s driver’s license.<br />

2. The application shall be accompanied by a fee <strong>of</strong> fifty ($50.00) dollars for<br />

the initial license period, subject to pro-ration in <strong>2012</strong> in accordance with<br />

the provisions <strong>of</strong> sub-paragraph “d” below.<br />

3. The application shall be accompanied by two (2) un-mounted, unretouched<br />

glossy photographs <strong>of</strong> the face <strong>of</strong> the applicant taken within<br />

thirty (30) days preceding filing <strong>of</strong> the application. Photographs shall be<br />

two and one-half inches (2 1⁄2”) by two and one-half inches (2 1⁄2”) in<br />

size and shall be passport picture quality. New photographs shall be<br />

submitted whenever the licensee’s appearance changes significantly.<br />

4. Any person who shall make a false statement in any license application or<br />

in any record or certificate that (s)he is required to be filed or maintained<br />

shall be subject to rejection <strong>of</strong> the application submitted and/or to<br />

9


appropriate disciplinary sanctions, including license suspension or<br />

revocation, in addition to any penalty provided under the New Jersey<br />

Criminal Code.<br />

b. Investigation; Grant or Denial <strong>of</strong> License Hearing before Council. The Chief <strong>of</strong><br />

Police or a police <strong>of</strong>ficer designated by him Police Director or his designee shall<br />

investigate the application and shall report the results to the Council Police<br />

Director (i.e., in cases where the investigation is performed by the Police<br />

Director’s designee) and the Police Commissioner within a reasonable time. The<br />

report shall include a recommendation that the license be granted or denied and<br />

the reasons therefor. The <strong>Borough</strong> Clerk shall ensure that a copy <strong>of</strong> the report is<br />

made available to the applicant. Based upon the findings set forth in the report,<br />

the Police Director shall determine whether to grant or deny the license. In those<br />

cases where the Chief <strong>of</strong> Police or his designee has recommended against issuing<br />

the license, the applicant shall be afforded the opportunity for a hearing before the<br />

<strong>Borough</strong> Council. Any request for a hearing must be made within ten (10) days<br />

<strong>of</strong> the applicant’s receipt <strong>of</strong> the Police Chief’s report. At the hearing, the<br />

applicant shall have the right to be represented by counsel and will be afforded the<br />

opportunity to testify himself or to present witnesses in support <strong>of</strong> his position, to<br />

cross-examine opposing witnesses and, at his own expense, to have a<br />

stenographic record made <strong>of</strong> the proceedings. At the conclusion <strong>of</strong> the hearing,<br />

the Council will determine whether to grant or deny the license.<br />

c. Issuance <strong>of</strong> License; Contents. Upon approval <strong>of</strong> the application by the Council<br />

Police Director, the Clerk Police Department shall immediately issue the<br />

applicant a taxicab driver's license. The license shall contain the licensee's name<br />

and address, physical description, signature and photograph.<br />

d. Term <strong>of</strong> License; Fees; Renewal. An initial license to drive a taxicab shall be<br />

valid for the remainder <strong>of</strong> the calendar year in which it is issued, expiring on<br />

December 31 st <strong>of</strong> said year. Licenses issued in <strong>2012</strong> shall be subject to a fee <strong>of</strong><br />

fifty ($50.00) dollars per license, which shall be pro-rated. Such fee shall be<br />

nonrefundable in the event that the application is denied. Licenses issued in 2013<br />

and thereafter shall be subject to a nonrefundable non-prorated fee <strong>of</strong> fifty<br />

($50.00) dollars per license. A taxicab driver's license may be renewed annually<br />

thereafter, unless it has been revoked or suspended, upon the payment <strong>of</strong> a<br />

renewal fee <strong>of</strong> fifty ($50.00) dollars per year, and processing, screening and<br />

determination <strong>of</strong> the application in accordance with all <strong>of</strong> the procedures set forth<br />

above.<br />

e. Use <strong>of</strong> License. Taxicab driver’s licenses are valid for use with any licensed taxi<br />

within the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>.<br />

f. In those cases where the Police Director has denied the license, the applicant shall<br />

be afforded the opportunity for a hearing before the Police Commissioner. Any<br />

request for a hearing must be made within ten (10) days <strong>of</strong> the applicant's receipt<br />

<strong>of</strong> written notice <strong>of</strong> denial from the Police Director. At the hearing, the applicant<br />

10


shall have the right to be represented by counsel and will be afforded the<br />

opportunity to testify himself or to present witnesses in support <strong>of</strong> his position, to<br />

cross-examine opposing witnesses and, at his own expense, to have a<br />

stenographic record made <strong>of</strong> the proceedings. Following the hearing, the Police<br />

Commissioner’s determination shall be final.<br />

g. Any change(s) in the information contained within the driver’s license application<br />

shall be reported to the <strong>Borough</strong> Clerk within three (3) business days there<strong>of</strong>. A<br />

charge in the amount <strong>of</strong> twenty-five ($25.00) dollars shall be levied for each<br />

business day after three days that any such changes are not reported to the<br />

<strong>Borough</strong>.<br />

4-21.6 Display <strong>of</strong> Licenses and Fares Required.<br />

a. The taxicab owner’s license and driver’s license (with photo) shall be displayed<br />

prominently in the interior <strong>of</strong> each cab. Rates <strong>of</strong> fares shall be posted in each<br />

taxicab.<br />

b. The taxicab driver’s license must also be conspicuously displayed on the driver’s<br />

outer garment when the driver is on duty and presented for confirmation when<br />

requested by the passenger.<br />

4-21.7 Inspection <strong>of</strong> Vehicles.<br />

a. Initial Inspection. Before any vehicle is used as a taxicab within the <strong>Borough</strong>, it<br />

shall be inspected by the Chief <strong>of</strong> Police or a police <strong>of</strong>ficer designated by him.<br />

1. All vehicles will be photographed at the time <strong>of</strong> inspection.<br />

2. Inspections will be conducted by appointment only.<br />

3. Vehicles must be maintained in a safe, clean and sanitary condition.<br />

4. Vehicles must contain all safety devices required by law.<br />

5. Each vehicle must have at least one Federally-approved child restraint seat<br />

available at all times.<br />

6. No vehicle may be more than ten (10) years old at the time <strong>of</strong> inspection.<br />

b. Reinspections. All taxicabs shall be reinspected annually, or more <strong>of</strong>ten if the<br />

Council so requires by resolution. In addition, any police <strong>of</strong>ficer may inspect any<br />

taxicab at any reasonable time to determine if it is clean, sanitary and in a safe and<br />

proper operating condition.<br />

c. Failure to Pass Inspection. Any taxicab which fails to pass inspection shall be<br />

immediately taken out <strong>of</strong> service and shall not be operated again within the<br />

<strong>Borough</strong> until the defects which led to its rejection are corrected. In the case <strong>of</strong><br />

11


minor defects which do not constitute an immediate danger to the health or safety<br />

<strong>of</strong> the public, the taxicab may continue to be operated for a period <strong>of</strong> one (1)<br />

week, at the end <strong>of</strong> which time it shall be re-inspected. If the defect has not by<br />

then been corrected, the vehicle shall immediately be taken out <strong>of</strong> service and<br />

remain out <strong>of</strong> service until the defect is corrected.<br />

4-21.8 Taxicab Identification Required.<br />

4-21.9 Fares.<br />

a. Identification Required. Each taxicab operated in the <strong>Borough</strong> shall have a sign<br />

permitted on each rear door. The sign shall contain the owner's name, the words<br />

"taxicab" or "taxi," telephone number and vehicle number in letters not less than<br />

four (4) inches nor more than eight (8) inches in height.<br />

b. Imitation <strong>of</strong> Color Scheme or Insignia. No taxicab operated in the <strong>Borough</strong> shall<br />

imitate the color scheme or any identifying design or insignia <strong>of</strong> another taxicab<br />

lawfully operating in the <strong>Borough</strong>, nor shall one taxicab have a color scheme or<br />

identifying design or insignia which is so similar to that <strong>of</strong> another taxicab as to<br />

be likely to have a tendency to mislead the public. The person first using a<br />

particular color scheme or identifying design or insignia for his taxicab shall have<br />

the prior right to it.<br />

a. Rates <strong>of</strong> Fare. Fares shall be conspicuously displayed in each taxicab.<br />

b. Receipts. The driver <strong>of</strong> a taxicab, upon request, shall give the passenger a receipt<br />

for the amount charged. The receipt shall show the name <strong>of</strong> the owner, the license<br />

number <strong>of</strong> the taxicab, the amount <strong>of</strong> the fare and the date <strong>of</strong> the transaction.<br />

c. Refusal to Pay Fare. No person, after hiring a taxicab, shall refuse to pay the legal<br />

fare, nor shall any person hire a taxicab with the intent not to pay the legal fare.<br />

4-21.10 Promulgation <strong>of</strong> Rules and Regulations; Copies to Be Distributed.<br />

The Council may establish, by resolution, rules and regulations relating to the operation <strong>of</strong><br />

taxicabs and the conduct <strong>of</strong> licensees. A copy <strong>of</strong> the rules and regulations shall be furnished to<br />

each licensee.<br />

4-21.11 Unlawful Activities.<br />

All drivers shall be licensed personnel, and taxicabs shall be used exclusively for purposes <strong>of</strong><br />

transportation <strong>of</strong> passengers and their baggage. No owner or driver shall be obliged to transport<br />

any person who is not orderly.<br />

4-21.7 License Regulations.<br />

12


a. Licenses issued pursuant to this section are not transferable.<br />

b. A driver shall immediately surrender his or her taxicab driver’s license to the<br />

<strong>Borough</strong> upon the suspension or revocation <strong>of</strong> his or her New Jersey driver’s<br />

license.<br />

4-21.12 4-21.8Suspension or Revocation <strong>of</strong> Licenses.<br />

a. In the case <strong>of</strong> an emergency, licenses may be temporarily suspended for not more<br />

than seven (7) days by the Police Director.<br />

b. In all other cases, licenses may be suspended or revoked, for cause, by the<br />

<strong>Borough</strong> Council after reasonable notice and a hearing. At said hearing, the<br />

licensee shall have the right to be represented by counsel and will be afforded the<br />

opportunity to testify himself or to present witnesses in support <strong>of</strong> his position, to<br />

cross-examine opposing witnesses and, at his own expense, to have a<br />

stenographic record made <strong>of</strong> the proceedings. At the conclusion <strong>of</strong> the hearing,<br />

the Council will determine whether to suspend the license or to permanently<br />

revoke the license. Any license so suspended or revoked shall not be re-issued<br />

except for good reasons shown.<br />

a. In addition to the causes for revocation <strong>of</strong> a license set forth in sSubsection 4-<br />

1.10, any license issued under this section may be revoked or suspended, by the<br />

<strong>Borough</strong> Council, or any application for the issuance or renewal <strong>of</strong> a license<br />

denied, for any <strong>of</strong> the following reasons:<br />

1. Failure to render reasonable, prompt, safe and adequate taxicab service.<br />

2. The existence <strong>of</strong> a judgment unsatisfied <strong>of</strong> record against the licensee or<br />

applicant in any suit arising over the operation <strong>of</strong> a motor vehicle.<br />

3. Permitting any taxicab owned or driven by the licensee to become unsafe,<br />

unsanitary or dirty.<br />

4. Failure to comply with all applicable laws <strong>of</strong> the State <strong>of</strong> New Jersey, the<br />

ordinances <strong>of</strong> the <strong>Borough</strong> or the rules and regulations adopted in<br />

accordance with this section.<br />

5. Where taxicab vehicles are found to be used for any improper, immoral or<br />

illegal business or purpose or for the violation <strong>of</strong> any federal or state<br />

statute or for the violation <strong>of</strong> any <strong>of</strong> the provisions <strong>of</strong> this section.<br />

6. Failure to maintain the proper amount <strong>of</strong> insurance on licensed taxicab<br />

vehicles pursuant to valid and effective insurance policies, as required by<br />

this section.<br />

13


. c. Drivers. If the licensee is a driver, his license may also be revoked or suspended<br />

by the <strong>Borough</strong> Council for the following reasons:<br />

1. Revocation or suspension <strong>of</strong> his New Jersey motor vehicle operator’s<br />

license.<br />

2. Contraction by the licensee <strong>of</strong> a communicable or contagious disease.<br />

3. Operating a taxicab in a reckless or grossly negligent manner or habitually<br />

operating a taxicab in a negligent manner.<br />

4. Conviction <strong>of</strong> one <strong>of</strong> the crimes listed in Subsection 4-21.5a1(g) above, in<br />

New Jersey or elsewhere.<br />

4-21.13 4-21.9Complaints; Enforcement.<br />

a. All complaints shall be submitted to the <strong>Hightstown</strong> Police Department.<br />

b. Enforcement <strong>of</strong> Section 4-21 shall be the responsibility <strong>of</strong> the <strong>Hightstown</strong> Police<br />

Department or authorized persons designated by the Police Director.<br />

4-21.14 4-21.10 Violations and Penalties.<br />

a. Licenses issued pursuant to this section may be suspended or revoked in<br />

accordance with Subsection 4-21.8 for the reasons set forth therein.<br />

b. For other violations <strong>of</strong> this section, any person convicted there<strong>of</strong> shall be subject<br />

to the penalties set forth in Section 1-5 <strong>of</strong> the <strong>Borough</strong> Code.<br />

BE IT FURTHER ORDAINED, that all other Ordinances or parts <strong>of</strong> Ordinances<br />

inconsistent herewith are hereby repealed to the extent <strong>of</strong> such inconsistencies; and<br />

BE IT FURTHER ORDAINED, that in the event that any portion <strong>of</strong> this Ordinance is<br />

found to be invalid for any reason by any Court <strong>of</strong> competent jurisdiction, such judgment shall<br />

be limited in its effect only to that portion <strong>of</strong> the Ordinance actually adjudged to be invalid, and<br />

the remaining portions <strong>of</strong> this Ordinance shall be deemed severable therefrom and shall not be<br />

affected; and<br />

BE IT FURTHER ORDAINED, that this Ordinance shall take effect on upon final<br />

passage and publication in accordance with the law.<br />

14


Introduced: July 16, <strong>2012</strong><br />

Adopted:<br />

ATTEST:<br />

_________________________________<br />

Debra L. Sopronyi<br />

Municipal Clerk<br />

_________________________________<br />

Steven Kirson<br />

Mayor<br />

15


Ordinance <strong>2012</strong>-10<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING VARIOUS SECTIONS<br />

OF CHAPTER 7, ENTITLED “TRAFFIC,” OF THE “REVISED GENERAL<br />

ORDINANCES OF THE BOROUGH OF HIGHTSTOWN,<br />

NEW JERSEY,” RELATING TO TAXICAB ISSUES.<br />

WHEREAS, the <strong>Borough</strong> Council (the “<strong>Borough</strong> Council”) <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, New Jersey, wishes to amend various sections <strong>of</strong> Chapter 7 <strong>of</strong> the <strong>Borough</strong> Code<br />

relating to taxicab issues, as set forth herein.<br />

NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the <strong>Borough</strong><br />

Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and State <strong>of</strong> New Jersey, as<br />

follows:<br />

1. That Section 7.1, entitled “Definitions,” <strong>of</strong> Chapter 7, “Traffic,” <strong>of</strong> the “Revised General<br />

Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is hereby amended and<br />

supplemented at Subsection 7-1.1 there<strong>of</strong>, entitled “Words and Phrases,” in the following<br />

respects (additions are shown with underline):<br />

7-1.1 Words and Phrases.<br />

Whenever any words and phrases are used in this chapter, the meaning respectively<br />

ascribed to them in N.J.S. 39:1-1 shall be deemed to apply to such words and phrases<br />

used herein.<br />

In addition, the following terms shall have the meanings indicated:<br />

Cruising shall mean the driving <strong>of</strong> an empty taxicab along a public street at a slow<br />

rate <strong>of</strong> speed for the obvious purpose <strong>of</strong> soliciting passengers.<br />

Taxicab or taxi or cab shall mean a motor vehicle used to transport passengers for<br />

hire or compensation which does not operate over a fixed route and is not hired by<br />

the day or hour.<br />

Taxi Stand shall mean a section <strong>of</strong> a public street or <strong>of</strong> a public place, or a section<br />

<strong>of</strong> private property with the express written consent <strong>of</strong> the property owner or other<br />

authorized representative, set apart for the exclusive use <strong>of</strong> a taxicab or a limited<br />

number <strong>of</strong> taxicabs when such section is distinctly marked as such by an<br />

appropriate sign attached to a stanchion on the curb or other conspicuous place, or<br />

by clearly visible marks upon the surface <strong>of</strong> the street or other public or private<br />

1


place, or by other clearly visible markings that are approved by the <strong>Hightstown</strong><br />

<strong>Borough</strong> Police Department.<br />

2. That Chapter 7, “Traffic,” <strong>of</strong> the “Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, New Jersey” is hereby amended and supplemented in order to establish a<br />

new Section there<strong>of</strong>, located at Section 7-16, to be entitled “Taxicab Regulations,” as<br />

follows:<br />

7-16 TAXICAB REGULATIONS.<br />

7-16.1 Exterior Taxicab Identification Required.<br />

a. Identification Required. All taxicabs shall display on the body <strong>of</strong> the<br />

vehicle the taxi license number issued to that vehicle pursuant to Section<br />

4-21 <strong>of</strong> the <strong>Borough</strong> Code, along with a listing <strong>of</strong> each municipality that<br />

has issued a taxi license to that taxicab. The taxi license number shall be<br />

three (3) inches in height and must be located in the center <strong>of</strong> the rear<br />

quarter panels on the driver and passenger sides as well as the rear center<br />

line <strong>of</strong> the trunk <strong>of</strong> the vehicle. The list <strong>of</strong> each municipality shall be<br />

displayed on each rear door in letters three (3) inches in height.<br />

b. Imitation <strong>of</strong> Color Scheme or Insignia. No taxicab operated in the<br />

<strong>Borough</strong> shall imitate the color scheme or any identifying design or<br />

insignia <strong>of</strong> another taxicab lawfully operating in the <strong>Borough</strong>, nor shall<br />

one taxicab have a color scheme or identifying design or insignia which is<br />

so similar to that <strong>of</strong> another taxicab as to be likely to have a tendency to<br />

mislead the public. The person first using a particular color scheme or<br />

identifying design or insignia for his taxicab shall have the prior right to it.<br />

7-16.2 Rates <strong>of</strong> Fare.<br />

a. Fares shall be conspicuously displayed in each taxicab.<br />

b. The driver <strong>of</strong> a taxicab, upon request, shall give the passenger a receipt for<br />

the amount charged. The receipt shall show the name <strong>of</strong> the owner, the<br />

license number <strong>of</strong> the taxicab, the amount <strong>of</strong> the fare and the date <strong>of</strong> the<br />

transaction.<br />

c. No person, after hiring a taxicab, shall refuse to pay the legal fare, nor<br />

shall any person hire a taxicab with the intent not to pay the legal fare.<br />

7-16.3 Operational Regulations.<br />

a. All taxicab owners and drivers shall be licensed pursuant to Section 4-21<br />

<strong>of</strong> the <strong>Borough</strong> Code.<br />

2


. No taxicab shall stop, stand or remain idle on a public roadway or other<br />

public property within the <strong>Borough</strong> for a period <strong>of</strong> time in excess <strong>of</strong><br />

fifteen (15) consecutive minutes without the prior approval <strong>of</strong> the<br />

<strong>Borough</strong>, unless said location has been properly designated as a taxi stand<br />

pursuant to Section 7-26 <strong>of</strong> this Chapter. Taxicabs while out <strong>of</strong> service<br />

(with an appropriate sign posted), or while parked by the owner or driver<br />

at their place <strong>of</strong> residence, shall be exempt from this regulation.<br />

c. No taxicab shall be parked or shall remain standing idle on any<br />

commercial property for the purpose <strong>of</strong> utilizing said property as a taxi<br />

stand without the express written consent <strong>of</strong> the property owner or other<br />

authorized representative, and the proper designation <strong>of</strong> said property as a<br />

taxi stand by the <strong>Borough</strong> pursuant to Section 7-26 <strong>of</strong> this Chapter.<br />

d. No taxicab shall remain “idling” with the engine running for more than<br />

three (3) consecutive minutes on any public roadway or other public<br />

property within the <strong>Borough</strong>, or on any private property within the<br />

<strong>Borough</strong>.<br />

e. Cruising is prohibited within the <strong>Borough</strong>.<br />

f. No person, while operating or attending a taxicab for hire, shall:<br />

1. Obstruct any sidewalk; or<br />

2. Knowingly misinform or mislead any person as to the location <strong>of</strong> a<br />

destination.<br />

g. Any motor vehicle accident involving a taxicab and causing injury to a<br />

person or damage to property in excess <strong>of</strong> $500.00 shall be reported<br />

immediately to the <strong>Hightstown</strong> <strong>Borough</strong> Police Department and a copy <strong>of</strong><br />

the police report for such accident must be given to the <strong>Hightstown</strong> Police<br />

Department within fourteen (14) days <strong>of</strong> the accident. Such information<br />

shall be placed in the <strong>Borough</strong>’s records regarding the taxicab owner and<br />

taxicab driver.<br />

h. All taxicab owners shall keep trip records and receipt books for six (6)<br />

months, which shall be kept current and shall be displayed when so<br />

requested by authorized <strong>Borough</strong> <strong>of</strong>ficials appointed by the Police<br />

Director. Trip records shall show, at a minimum, the date, time, pick-up<br />

location, destination, number <strong>of</strong> passengers and fare charged.<br />

i. All taxicab vehicles shall be kept clean and free <strong>of</strong> debris.<br />

j. Each licensed taxicab driver shall be clean in person and fully dressed<br />

while on duty, including shirt, pants and shoes.<br />

3


k. Taxicab drivers and passengers shall refrain from smoking within the<br />

taxicab vehicle while a hired trip is in progress. This prohibition shall be<br />

conspicuously posted in each <strong>Borough</strong> licensed taxicab vehicle.<br />

l. No driver shall operate a taxicab after fourteen (14) consecutive working<br />

hours without an eight (8) hour rest period.<br />

m. Taxicab drivers shall, immediately after the conclusion <strong>of</strong> their on-duty<br />

time, carefully search the taxicab for any property lost or left therein, and<br />

shall, within twenty-four (24) hours after finding any such property, advise<br />

the <strong>Hightstown</strong> <strong>Borough</strong> Police Department <strong>of</strong> the nature <strong>of</strong> the property<br />

and where it may be collected.<br />

n. Taxicabs shall be used exclusively for purposes <strong>of</strong> transportation <strong>of</strong><br />

passengers and their baggage.<br />

o. No owner or driver <strong>of</strong> a taxicab shall be obliged to transport any person<br />

who is not orderly.<br />

p. Taxicab drivers who are on-duty and available for hire shall not refuse to<br />

<strong>of</strong>fer their services to potential patrons who are disabled, on the basis <strong>of</strong><br />

said disability.<br />

3. That Section 7.26, entitled “Taxi Stands,” <strong>of</strong> Chapter 7, “Traffic,” <strong>of</strong> the “Revised<br />

General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>, New Jersey” is hereby amended and<br />

supplemented at Subsection 7-26.1 there<strong>of</strong>, entitled “Taxi Stands,” in the following<br />

specific respects (additions are shown with underline; deletions are shown with<br />

strikeout):<br />

7-26.1 Taxi Stands.<br />

a. The locations described are hereby designated as Ttaxi Sstands. No vehicle<br />

other than a taxi shall currently licensed by <strong>Hightstown</strong> <strong>Borough</strong> pursuant to<br />

Section 4-21 <strong>of</strong> this Chapter shall be permitted to occupy these locations<br />

during the times indicated.<br />

Street Location Hours<br />

(Reserved)<br />

Intersection <strong>of</strong> Municipal Parking Lot All<br />

Railroad Avenue (First two spaces closest<br />

and Rogers Avenue to Rogers Avenue)<br />

Intersection <strong>of</strong> Northwest corner All<br />

Broad Street and (Two parking spaces)<br />

Franklin Street<br />

4


Stockton Street Cut-out by Railroad Avenue All<br />

on south side (Two parking spaces)<br />

b. No taxicab shall be parked or shall remain standing idle for an extended<br />

period <strong>of</strong> time on a public roadway within a residential zoning district within<br />

the <strong>Borough</strong> without prior approval <strong>of</strong> the <strong>Borough</strong>.<br />

c. No taxicab shall stand or be parked on any commercial property without the<br />

express written consent <strong>of</strong> the property owner. Such consent must be<br />

provided to the <strong>Borough</strong> with the annual taxi company license application.<br />

b. In order for any portion <strong>of</strong> private property to be utilized as a taxi stand,<br />

the property owner or other authorized representative must file its express<br />

written consent for same with the <strong>Borough</strong> Clerk and the <strong>Hightstown</strong> <strong>Borough</strong><br />

Police Department.<br />

c. No more than one (1) taxicab vehicle from the same taxicab owner’s company<br />

shall be permitted to be parked, or to otherwise occupy, the same taxi stand at<br />

the same time (i.e., simultaneously).<br />

d. No taxicab shall remain “idling” with the engine running for more than three<br />

(3) consecutive minutes at any taxi stand.<br />

e. Every taxicab, while occupying space at a taxi stand, shall be immediately<br />

available for hire.<br />

f. Only a taxicab licensed by <strong>Hightstown</strong> <strong>Borough</strong> may occupy or deliver a<br />

passenger to a taxi stand in the <strong>Borough</strong>.<br />

g. Each taxi stand shall be marked with a statement that the stand is reserved for<br />

taxicabs licensed by <strong>Hightstown</strong> <strong>Borough</strong> only.<br />

h. No person operating a taxi shall perform maintenance <strong>of</strong> any kind while<br />

occupying space at a taxi stand.<br />

i. No taxicabs shall be permitted to be parked, or to otherwise occupy, any taxi<br />

stand during times <strong>of</strong> emergency or during a snow event, as directed by the<br />

<strong>Hightstown</strong> <strong>Borough</strong> Police Department.<br />

4. That all other Ordinances or parts <strong>of</strong> Ordinances inconsistent herewith are hereby<br />

repealed to the extent <strong>of</strong> such inconsistencies.<br />

5. That in the event that any portion <strong>of</strong> this Ordinance is found to be invalid for any reason<br />

by any Court <strong>of</strong> competent jurisdiction, such judgment shall be limited in its effect only<br />

5


to that portion <strong>of</strong> the Ordinance actually adjudged to be invalid, and the remaining<br />

portions <strong>of</strong> this Ordinance shall be deemed severable therefrom and shall not be affected.<br />

6. That this Ordinance shall take effect upon final passage and publication in accordance<br />

with the law.<br />

Introduced: July 16, <strong>2012</strong><br />

Adopted:<br />

ATTEST:<br />

_________________________________<br />

Debra L. Sopronyi<br />

Municipal Clerk<br />

_________________________________<br />

Steven Kirson<br />

Mayor<br />

6


Ordinance <strong>2012</strong>-12<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 25-1, ET. SEQ.<br />

ENTITLED “STORMWATER CONTROL” AND SECTION 26-9 ENTITLED<br />

“SUBDIVISION, SITE PLAN, VARIANCE AND SIGN VARIANCE CHECKLISTS FOR<br />

DEVELOPMENT APPLICATIONS FILED PURSUANT TO HIGHTSTOWN<br />

DEVELOPMENT REGULATIONS”<br />

OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF<br />

HIGHTSTOWN, NEW JERSEY.”<br />

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF HIGHTSTOWN,<br />

IN THE COUNTY OF MERCER, NEW JERSEY, that the following amendments are hereby adopted to<br />

provide improved Stormwater Control within <strong>Hightstown</strong> <strong>Borough</strong>:<br />

SECTION 1: Purpose<br />

<strong>Hightstown</strong> <strong>Borough</strong> seeks to improve its Municipal Stormwater Control Ordinance, which is required<br />

under the Municipal Land Use Law (N.J.S.A. 40:55D-93), and N.J.A.C. 7:8-1 et seq., to better achieve its<br />

Master Plan goals to protect the life, health, safety, and property <strong>of</strong> its residents and property owners. The<br />

<strong>Borough</strong> requires additional protections to achieve the objectives <strong>of</strong> its Stormwater Master Plan, which<br />

include: reducing flood damage, including damage to life and property; minimizing stormwater run<strong>of</strong>f from<br />

new land disturbance that will aggravate flood damage; reducing soil erosion from new development and<br />

redevelopment; assuring the safety and adequacy <strong>of</strong> culverts and bridges; inducing water recharge wherever<br />

possible; preventing nonpoint pollution wherever possible; maintaining the integrity <strong>of</strong> stream channels;<br />

and minimizing public safety hazards from stormwater detention facilities. These objectives continue to be<br />

<strong>of</strong> paramount importance to <strong>Hightstown</strong> residents and property owners because <strong>of</strong> the increased intensity<br />

and frequency <strong>of</strong> storm events, which continue to negatively affect the <strong>Borough</strong> and pose threats to life and<br />

property.<br />

In addition, <strong>Hightstown</strong>’s Municipal Master Plan and 2005 Reexamination Report continue to promote<br />

viable commercial facilities, a mixed use downtown, economic development, and its vibrant Historic<br />

District. These goals will not be met if the <strong>Borough</strong>’s downtown area continues to flood, suffer from<br />

pollution, and have repeated damage to structures and interrupted business activity. Better management <strong>of</strong><br />

stormwater will assist in the protection <strong>of</strong> all properties, and in the continued economic viability <strong>of</strong> the<br />

<strong>Borough</strong>.<br />

SECTION 2: Amend Section 25-1, Scope and Purpose, as follows:<br />

C. Applicability<br />

1. The ordinance shall be applicable to all site plans and subdivisions for the following<br />

major developments that require preliminary or final site plan or subdivision review:<br />

a. Non-residential major developments; and<br />

b. Aspects <strong>of</strong> residential major developments that are not pre-empted by the<br />

Residential Site Improvement Standards at N.J.A.C. 5:21.


2. This ordinance shall also be applicable to all major developments undertaken by the<br />

<strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>.<br />

3. This ordinance shall also apply to any <strong>Borough</strong> issued Zoning Permits which are<br />

not covered under items 1 and 2 above. The Zoning Officer shall provide a copy <strong>of</strong><br />

all applications for Zoning permit issued in accordance with this section to the<br />

<strong>Borough</strong>’s Environmental Commission for review and recommendation.<br />

SECTION 3: Amend Section 25-2, Definitions, as follows:<br />

“Major Development” means:.<br />

A. Development without Planning Board Approval:<br />

Any development that provides for the ultimate disturbance <strong>of</strong> 1,000 square feet or more <strong>of</strong> soil, or<br />

the construction or redevelopment <strong>of</strong> 250 square feet or more <strong>of</strong> impervious surface <strong>of</strong> any type for<br />

which only a Zoning Permit is required. Disturbance for the purpose <strong>of</strong> this rule is the placement or<br />

replacement/redevelopment <strong>of</strong> impervious surface; exposure and/or movement <strong>of</strong> soil or bedrock; or<br />

clearing, cutting, or removing <strong>of</strong> all vegetation. Existing residential single-family dwellings and other<br />

residential and non-residential development, which otherwise meet the definition <strong>of</strong> “major<br />

development” under this ordinance, because <strong>of</strong> the amount <strong>of</strong> disturbance, shall be subject to review.<br />

by the Environmental Commission, a subcommittee or a designee there<strong>of</strong>. The Environmental<br />

Commission, subcommittee or a designee there<strong>of</strong>, shall make written recommendations as shall be<br />

appropriate regarding non-structural methods, such as rain gardens, pervious pavement, vegetative<br />

swales, etc., to improve stormwater management within the time periods required by law. The<br />

Environmental Commission may refer development or redevelopment under this section to the<br />

<strong>Borough</strong> Engineer for stormwater review as needed, in its discretion. Failure <strong>of</strong> the Environmental<br />

Commission to provide recommendations shall not prevent the Zoning Official from issuing<br />

permit(s) under the time period(s) required by law.<br />

B. Development with Planning Board Approval<br />

Any New development and/or redevelopment, which meets the definition <strong>of</strong> “major development”<br />

under state law, in N.J.A.C. 7:8-1.2 (Definitions), i.e. one-quarter acre <strong>of</strong> new impervious cover<br />

and/or one acre <strong>of</strong> disturbance, shall be required to comply with the non-structural point system<br />

and/or the construction <strong>of</strong> structural stormwater management measures, as specified in Section 25-4<br />

<strong>of</strong> the Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>.<br />

SECTION 4: Amend 25-4 (C), Stormwater Management Requirements for Major Development, as<br />

follows:<br />

C. The following linear development projects are exempt from stormwater run<strong>of</strong>f quantity and<br />

quality requirements <strong>of</strong> Sections 4.F and 4.G:<br />

1. The construction <strong>of</strong> an underground utility line, provided that the disturbed areas are<br />

revegetated upon completion;<br />

2. The construction <strong>of</strong> an above ground utility line provided that the existing conditions are<br />

maintained to the maximum extent practicable possible; and/or<br />

3. The construction <strong>of</strong> a public pedestrian access, such as a sidewalk or trail with a<br />

maximum width <strong>of</strong> fourteen (14) feet, provided that the access is made <strong>of</strong> permeable<br />

material, or provided that an access made <strong>of</strong> impervious material occurs solely as a<br />

replacement for existing material and no permeable material is practical for this<br />

use;<br />

SECTION 5: Amend Section 26-9-1, Checklist for Subdivisions, to add a new section 26-9-14 (h), as<br />

follows:


14. Stormwater Management Submission, including the following in accordance with Section<br />

25-9 <strong>of</strong> the Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>:<br />

h. A Stormwater Management Plan incorporating as many non-structural<br />

stormwater management measures as can feasibly be accommodated on the site, including<br />

but not limited to rain gardens, pervious pavement, rain barrels, native vegetative swales,<br />

and the required non-structural stormwater management strategies incorporated at<br />

N.J.A.C. 7:8-5.9(a)1., and an explanation as to why additional non-structural measures could<br />

not be used, subject to the review and approval <strong>of</strong> the <strong>Borough</strong> Engineer, if so requested by<br />

the Planning Board.<br />

SECTION 6: Amend Section 26-9-1(c), Requirements for Minor Subdivision, to add the following to<br />

26-9-1(c) 18:<br />

18. Provisions for collecting and discharging stormwater run<strong>of</strong>f. A composite grading and<br />

drainage plan <strong>of</strong> the entire development shall accompany each submission. This plan shall identify<br />

finished floor elevations, all high and low points, breaks in grade, and tentative elevation at the<br />

corners <strong>of</strong> the house locations on each lot. A Stormwater Management Plan incorporating as many<br />

non-structural stormwater management measures as can feasibly be accommodated on the site,<br />

including but not limited to rain gardens, pervious pavement, rain barrels, native vegetative swales,<br />

and the required non-structural stormwater management strategies incorporated at N.J.A.C. 7:8-<br />

5.9(a)1., and an explanation as to why additional non-structural measures could not be used, subject<br />

to the review and approval <strong>of</strong> the <strong>Borough</strong> Engineer, if so requested by the Planning Board.<br />

SECTION 7: Add a new section 26-9-2(a) 29(h), Checklist for Site Plans, as follows:<br />

29. Stormwater Management Submission, including the following in accordance with Section<br />

25-9 <strong>of</strong> the Revised General Ordinances <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong>:<br />

h. A Stormwater Management Plan incorporating as many non-structural<br />

stormwater management measures as can feasibly be accommodated on the site, including<br />

but not limited to rain gardens, pervious pavement, rain barrels, native vegetative swales,<br />

and the required non-structural stormwater management strategies incorporated at<br />

N.J.A.C. 7:8-5.9(a)1., and an explanation as to why additional non-structural measures could<br />

not be used, subject to the review and approval <strong>of</strong> the <strong>Borough</strong> Engineer, if so requested by<br />

the Planning Board.<br />

SECTION 8: Add a new section 26-9-3(a) 11, Checklist for Variances, as follows:<br />

11. A Stormwater Management Plan incorporating as many non-structural<br />

stormwater management measures as can feasibly be accommodated on the site, including but not<br />

limited to rain gardens, pervious pavement, rain barrels, native vegetative swales, and the required<br />

non-structural stormwater management strategies incorporated at N.J.A.C. 7:8-5.9(a)1., and an<br />

explanation as to why additional non-structural measures could not be used, subject to the review<br />

and approval <strong>of</strong> the <strong>Borough</strong> Engineer, if so requested by the Planning Board.<br />

SECTION 9 : Severability<br />

The provisions <strong>of</strong> this Ordinance are severable, and the invalidity <strong>of</strong> any section, subdivision, paragraph or<br />

other wording in this Ordinance shall not affect the validity or effectiveness <strong>of</strong> the remainder <strong>of</strong> this<br />

Ordinance.<br />

SECTION 10: Effective Date<br />

This Ordinance shall take effect upon compliance with procedures prescribed by law, including NJSA<br />

40:55D-97 <strong>of</strong> the Municipal Land Use Law (Submission <strong>of</strong> plan and ordinances to County Planning Board<br />

for approval).


Introduced: July 16, <strong>2012</strong><br />

Adopted:<br />

ATTEST:<br />

____________________________<br />

Debra L. Sopronyi<br />

Municipal Clerk<br />

_____________________________<br />

Steven Kirson<br />

Mayor


Resolution <strong>2012</strong>-199<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING PAYMENT OF BILLS<br />

WHEREAS, certain bills are due and payable as per itemized claims listed on the following schedules,<br />

which are made a part <strong>of</strong> the minutes <strong>of</strong> this meeting as a supplemental record;<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

the bills be paid on audit and approval <strong>of</strong> the <strong>Borough</strong> Administrator, the appropriate Department Head and<br />

in the Treasurer the amount<br />

<strong>of</strong> $209,888.14 from the following accounts<br />

Current $ 121,016.36<br />

W/S Operating 58,358.00<br />

General Capital 10,565.00<br />

Water/Sewer Capital 14,536.25<br />

Grant 785.00<br />

Trust 381.56<br />

Housing Trust 633.00<br />

Animal Control<br />

Law Enforcement Trust<br />

Housing Rehab Loans<br />

Unemployment Trust 2,402.22<br />

Escrow 1,210.75<br />

Total $209,888.14<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting<br />

held on <strong>August</strong> 6, <strong>2012</strong>.<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 1<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

P.O. Type: All Include Project Line Items: Yes Open: N Paid: N Void: N<br />

Range: First to Last Rcvd: Y Held: N Aprv: N<br />

Format: Detail without Line Item Notes First Enc Date Range: First to 12/31/12 Bid: Y State: Y Other: Y Exempt: Y<br />

Include Non-Budgeted: Y<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

A0050 ABSOLUTE FIRE PROTECTION, INC.<br />

12-01292 07/19/12 INV#0070207-IN<br />

1 INV#0070207-IN 2,361.48 2-01-25-252-002-121 B Preventive Maintenance R 07/19/12 08/01/12 0070207-IN N<br />

Vendor Total: 2,361.48<br />

A1014 APPROVED FIRE PROTECTION, INC.<br />

12-01077 06/18/12 INV #I11221773<br />

1 CALIBRATE/GAS METER CALIBRATIO 52.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/18/12 08/01/12 I11221773 N<br />

2 SERVICE XT-RPUMP-K1 150.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/18/12 08/01/12 I11221773 N<br />

3 LABOR 32.50 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/18/12 08/01/12 I11221773 N<br />

4 FREIGHT 9.22 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/18/12 08/01/12 I11221773 N<br />

243.72<br />

Vendor Total: 243.72<br />

A0054 AQUA PRO-TECH LABORATORIES<br />

12-01282 07/16/12 INV 12060076M<br />

1 12060076-001 OIL & GREASE 30.00 2-09-55-501-002-532 B Outside Lab Testing R 07/16/12 08/01/12 12060076M N<br />

2 12060076-002 AMMONIA 20.00 2-09-55-501-002-532 B Outside Lab Testing R 07/16/12 08/01/12 12060076M N<br />

3 12060076-002 NITRATE 20.00 2-09-55-501-002-532 B Outside Lab Testing R 07/16/12 08/01/12 12060076M N<br />

4 12060354-001 AMMONIA 20.00 2-09-55-501-002-532 B Outside Lab Testing R 07/16/12 08/01/12 12060076M N<br />

5 12060590-001 AMMONIA 30.00 2-09-55-501-002-532 B Outside Lab Testing R 07/16/12 08/01/12 12060076M N<br />

120.00<br />

Vendor Total: 120.00<br />

A0601 ARCHER & GREINER, P.C.<br />

12-01288 07/19/12 PLANNING BOARD MEETING<br />

1 INV. 1450342 PLANNING BOARD 166.67 2-01-21-180-001-107 B Planning Board - Attorney R 07/19/12 08/01/12 1450342 N<br />

12-01289 07/19/12 COAH PLAN<br />

1 INV. 1450343 COAH PLAN 108.00 T-26-56-286-000-847 B Housing-Developer Fees R 07/19/12 08/01/12 1450343 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 2<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

A0601 ARCHER & GREINER, P.C. Continued<br />

12-01290 07/19/12 MENDIETA APPL. 12-03<br />

1 INV. 1450345 MENDIETA 99.00 MENDI12-02 P MANUEL MENDIETA R 07/19/12 08/01/12 1450345 N<br />

Vendor Total: 373.67<br />

B0921 BRITTON INDUSTRIES, INC<br />

12-01264 07/16/12 YARD WASTE DISPOSAL<br />

1 INV. 292826 - YARD WASTE DISP 125.80 2-01-26-311-001-168 B Yardwaste R 07/16/12 08/01/12 292826 N<br />

2 INV. 293448 - YARD WASTE DISP 62.39 2-01-26-311-001-168 B Yardwaste R 07/16/12 08/01/12 293448 N<br />

3 INV. 294688 - YARD WASTE DISP 82.96 2-01-26-311-001-168 B Yardwaste R 07/16/12 08/01/12 294688 N<br />

271.15<br />

Vendor Total: 271.15<br />

C0198 CAMBRIA AUTOMOTIVE CO. INC.<br />

12-01011 06/06/12 DIPSTICK ASSEMBLY<br />

1 DIPSTICK ASSEMBLY 212.22 2-01-26-305-001-034 B Motor Vehicle Parts & Access. R 06/06/12 08/01/12 S1074270 N<br />

2 credit S1076692 212.22- 2-01-26-305-001-034 B Motor Vehicle Parts & Access. R 08/01/12 08/01/12 S1076692 N<br />

3 inv 1076427 DIPSTICK ASSEMBLY 168.27 2-01-26-305-001-034 B Motor Vehicle Parts & Access. R 08/01/12 08/01/12 10764727 N<br />

168.27<br />

Vendor Total: 168.27<br />

C0396 CAVANAUGH'S, INC.<br />

12-01255 07/16/12 MONTHLY PEST SERVICE - 6/14/12<br />

1 MONTHLY PEST SERVICE - 6/14/12 20.00 2-01-26-310-001-029 B Maintenance Contracts R 07/16/12 08/01/12 457058 N<br />

2 MONTHLY PEST SERVICE - 6/14/12 20.00 2-01-26-310-001-029 B Maintenance Contracts R 07/16/12 08/01/12 457045 N<br />

40.00<br />

12-01261 07/16/12 SPECIAL PEST CONTROL SERVICE<br />

1 SPECIAL PEST CONTROL SERVICE 225.00 2-01-26-310-001-029 B Maintenance Contracts R 07/16/12 08/01/12 488692 N<br />

Vendor Total: 265.00


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 3<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

C0067 CENTRAL JERSEY POWER<br />

12-01094 06/18/12 UNIVERSAL SPEED FEED<br />

1 UNIVERSAL SPEED FEED 29.99 2-01-26-290-001-034 B Motor Vehicle Parts & Access. R 06/18/12 08/01/12 70765 N<br />

Vendor Total: 29.99<br />

C0319 COPS PLUS INC.<br />

11-02256 12/16/11 CLOTHING ALLOWANCE- GORDY<br />

1 CLOTHING ALLOWANCE- GORDY 507.43 1-01-25-240-001-043 B Uniform Allowance/Leather Gds. R 12/16/11 08/01/12 425931 N<br />

Vendor Total: 507.43<br />

C0931 CRESTON INC.<br />

12-01308 07/23/12 CRIMP HOOP FOR TORO #17<br />

1 CRIMP HOOP FOR TORO #17 74.10 2-01-28-369-001-139 B Mower Repairs R 07/23/12 08/01/12 314475-001 N<br />

12-01325 07/23/12 HYD. HOSES/PARTS<br />

1 HYD. HOSES/PARTS 65.83 2-01-26-305-001-034 B Motor Vehicle Parts & Access. R 07/23/12 08/01/12 314560-001 N<br />

Vendor Total: 139.93<br />

C0088 CUSTOM ENVIRONMENTAL TECH, INC<br />

12-00422 03/11/12 RES <strong>2012</strong>-51 ZETA LYTE 1A B<br />

5 INV #8897 ZETA LYTE 1A 668.25 2-09-55-501-002-554 B ZETA LYTE 1A POLYMER R 03/11/12 08/01/12 8827 N<br />

6 INV #8894 ZETA LYTE 1A 668.25 2-09-55-501-002-554 B ZETA LYTE 1A POLYMER R 03/11/12 08/01/12 8894 N<br />

1,336.50<br />

Vendor Total: 1,336.50<br />

D0082 DELTRONICS CORPORATION<br />

12-01170 07/02/12 INV K-485672-F-<br />

1 NEW BOSTON GEAR DRIVE 5,398.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/02/12 08/01/12 K-485672-F N<br />

12-01327 07/23/12 QUOTE #Q-5936<br />

1 29418E BEARING 1,558.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/23/12 08/01/12 Q5936 N<br />

12-01328 07/23/12 INV K-485729-G<br />

1 WEMCO PUMP- PARTS 12.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/23/12 08/01/12 K-485729-G N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 4<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

D0082 DELTRONICS CORPORATION Continued<br />

12-01328 07/23/12 INV K-485729-G Continued<br />

2 HOURS, BASE RATE LABOR 462.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/23/12 08/01/12 K-485729-G N<br />

474.00<br />

Vendor Total: 7,430.00<br />

D0269 DENNIS SALES & SERVICE INC.<br />

12-01128 06/25/12 INV 12-11166<br />

1 CHLORINATOR/SULPHONATOR TUNE 555.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/25/12 08/01/12 12-11166 N<br />

2 STEM SILVER 127.50 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/25/12 08/01/12 12-11166 N<br />

3 INLET SEAT 27.50 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/25/12 08/01/12 12-11166 N<br />

4 INLET ADAPTER (SILVER PLATED) 118.80 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/25/12 08/01/12 12-11166 N<br />

5 INLET VALVE SEAT 25.74 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/25/12 08/01/12 12-11166 N<br />

6 INLET VALVE STEM (CHLORINE) 128.70 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/25/12 08/01/12 12-11166 N<br />

7 SPRING HOLDER (CHLORINE) 23.76 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/25/12 08/01/12 12-11166 N<br />

8 VENT PLUG (CHLORINE) 55.44 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/25/12 08/01/12 12-11166 N<br />

1,062.44<br />

Vendor Total: 1,062.44<br />

D0050 DEPT OF CHILDREN & FAMILIES<br />

12-01175 07/02/12 QUARTERLY MARRIAGE REPORT<br />

1 QUARTERLY MARRIAGE REPORT 150.00 2-01-55-003-000-001 B Due To NJ - Marriage Licenses R 07/02/12 08/01/12 N<br />

Vendor Total: 150.00<br />

D0045 DONALDSON FILTRATION SOLUTIONS<br />

12-01271 07/16/12 FILTERS<br />

1 P-511382 180.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/16/12 08/01/12 6730300 N<br />

2 APPROXIMATE SHIPPING 70.76 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/16/12 08/01/12 6730300 N<br />

250.76<br />

Vendor Total: 250.76


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 5<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

EZ001 E Z PASS N.J.<br />

12-01275 07/16/12 TOLL REPLENISHMENT<br />

1 TOLL REPLENISHMENT 200.00 2-09-55-501-002-540 B Grit/Screening Disposal-Waste Mgmt R 07/16/12 08/01/12 20000115115123 N<br />

Vendor Total: 200.00<br />

E0576 EAST WINDSOR REGIONAL SCHOOL<br />

12-01250 07/16/12 MAY <strong>2012</strong> FUEL USE<br />

1 MAY <strong>2012</strong> FUEL USE - FIRE 890.85 2-01-31-460-001-166 B Motor Fuel - Fire Dept. R 07/16/12 08/01/12 MAY <strong>2012</strong> N<br />

2 MAY <strong>2012</strong> FUEL USE - POLICE 1,930.95 2-01-31-460-001-145 B Motor Fuel - Police R 07/16/12 08/01/12 MAY <strong>2012</strong> N<br />

3 MAY <strong>2012</strong> FUEL USE - EMS 50 75.92 2-01-31-460-001-148 B Motor Fuel - Emergency Medical R 07/16/12 08/01/12 MAY <strong>2012</strong> N<br />

4 MAY <strong>2012</strong> FUEL USE - EMS 51 147.26 2-01-31-460-001-148 B Motor Fuel - Emergency Medical R 07/16/12 08/01/12 MAY <strong>2012</strong> N<br />

5 MAY <strong>2012</strong> FUEL USE - GARBAGE 630.61 2-01-31-460-001-147 B Motor Fuel - Public Works R 07/16/12 08/01/12 MAY <strong>2012</strong> N<br />

6 MAY <strong>2012</strong> FUEL USE - STREETS 2,341.91 2-01-31-460-001-147 B Motor Fuel - Public Works R 07/16/12 08/01/12 N<br />

7 MAY <strong>2012</strong> FUEL USE - PARKS 21.60 2-01-31-460-001-147 B Motor Fuel - Public Works R 07/16/12 08/01/12 MAY <strong>2012</strong> N<br />

8 MAY <strong>2012</strong> FUEL USE - WATER 198.98 2-09-55-501-001-512 B Motor Fuel R 07/16/12 08/01/12 MAY <strong>2012</strong> N<br />

9 MAY <strong>2012</strong> FUEL USE - SEWER 813.36 2-09-55-501-002-512 B Motor Fuel R 07/16/12 08/01/12 MAY <strong>2012</strong> N<br />

7,051.44<br />

12-01251 07/16/12 MAY <strong>2012</strong> ADMIN. COSTS FUEL FAC<br />

1 MAY <strong>2012</strong> ADMIN. COSTS FUEL FAC 120.00 2-01-31-460-001-144 B Upgrades to Fueling Facility R 07/16/12 08/01/12 MAY <strong>2012</strong> ADMIN N<br />

Vendor Total: 7,171.44<br />

M0714 GENSERVE, INC.<br />

12-01131 06/25/12 GENERATOR SERVICE THRU 4/2013<br />

1 GENERATOR SERICE - WATER PLANT 75.00 2-09-55-501-001-511 B Generator/Engine Maintenance (B) R 06/25/12 08/01/12 72301 N<br />

2 GENERATOR SERICE - POLICE DEPT 1,015.00 2-01-25-240-001-029 B Maint. Contracts - Other R 06/25/12 08/01/12 22312 N<br />

1,090.00<br />

Vendor Total: 1,090.00<br />

G0175 GEORGE'S GARAGE & TOWING, INC.<br />

12-01130 06/25/12 HPD ROADSIDE ASSISTANCE-CAR #2<br />

1 HPD ROADSIDE ASSISTANCE-CAR#2 75.00 2-01-26-315-001-131 B Vehicle Maint. - Police R 06/25/12 08/01/12 55973 N<br />

Vendor Total: 75.00


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 6<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

G0030 GLOCK, INC.<br />

12-01123 06/25/12 TRAINING - GENDRON & BRENNAN<br />

1 TRAINING - GENDRON & BRENNAN 390.00 2-01-25-240-001-042 B Education & Training R 06/25/12 08/01/12 BRENNAN/GENDRON N<br />

Vendor Total: 390.00<br />

G0181 GRIFFITH ELECTRIC SPLY CO, INC<br />

12-01172 07/02/12 INV #5316570,5320879,5322612<br />

1 SYLLU250 LU250/ECO STANDARD PK 55.07 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/02/12 08/01/12 5316570 N<br />

2 LEV7899W 7899-W 20A SL PRO GFC 26.10 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/02/12 08/01/12 5320879 N<br />

3 FLOOD TRUNNION MT 264.38 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/02/12 08/01/12 5322612 N<br />

4 INT-MAT K4221 120V PHOTOCON 14.88 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/02/12 08/01/12 5322612 N<br />

5 LEV 8052-8 FIXT LAMPHLDR 4.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/02/12 08/01/12 5322619 N<br />

6 STOUSF10BRZ 33.21 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/02/12 08/01/12 5323591 N<br />

397.64<br />

Vendor Total: 397.64<br />

G0050 GROVE SUPPLY INC<br />

12-01269 07/16/12 JUNE <strong>2012</strong> BILLING<br />

1 INV. S3587244.001 - PIPE/ 52.08 2-09-55-501-002-529 B Sewer Main Repair/Supplies R 07/16/12 08/01/12 S3587244.001 N<br />

2 INV. S3585503.001 - TEE/PIPE/ 44.70 2-09-55-501-002-529 B Sewer Main Repair/Supplies R 07/16/12 08/01/12 S3585503.001 N<br />

3 INV. S3585733.001 - BUSHING/ 32.78 2-09-55-501-002-529 B Sewer Main Repair/Supplies R 07/16/12 08/01/12 S3585733.001 N<br />

4 INV. S3595079.001 - TEE 19.62 2-09-55-501-001-503 B Water Plant Maintenance R 07/16/12 08/01/12 S3595079.001 N<br />

5 INV. S3595771.001 - SAW BLADE 23.05 2-09-55-501-001-503 B Water Plant Maintenance R 07/16/12 08/01/12 S3595771.001 N<br />

6 INV. S3595232.001 - BUBBLER 51.49 2-01-28-369-001-141 B Parks & Playgrd Maintenance R 07/16/12 08/01/12 S3595232.001 N<br />

223.72<br />

Vendor Total: 223.72<br />

H 85 HACH CO.<br />

12-01105 06/18/12 ACCOUNT #150438<br />

1 2042-53 FERRIC CHLORIDE SULFUR 45.06 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/18/12 08/01/12 7824079 N<br />

2 25469-02 ELECTROLYTE CARTRIDGE 63.15 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/18/12 08/01/12 7824079 N<br />

3 352-53 SODIUM THIOSULFATE 33.02 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/18/12 08/01/12 7824079 N<br />

4 44471-69 AMMONIA ADJUSTER 74.94 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/18/12 08/01/12 7824079 N<br />

5 2125-99 PHOSVER 3 33.80 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/18/12 08/01/12 7824079 N<br />

6 203-56 0.02ON SULFURIC ACID 76.02 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/18/12 08/01/12 7824079 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 7<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

H 85 HACH CO. Continued<br />

12-01105 06/18/12 ACCOUNT #150438 Continued<br />

7 21623-15 LAURYL TRYPTOSE BROTH 25.37 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/18/12 08/01/12 7824079 N<br />

8 14104-15 EC MEDIUM 25.37 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/18/12 08/01/12 7832148 N<br />

376.73<br />

Vendor Total: 376.73<br />

H0276 HARTER EQUIPMENT, INC.<br />

12-01256 07/16/12 BOLT<br />

1 INV. P05811 - BOLT 6.84 2-01-26-290-001-034 B Motor Vehicle Parts & Access. R 07/16/12 08/01/12 124868 N<br />

12-01320 07/23/12 INV #P04982<br />

1 R1411-47540 BLADE, WIPER 77.40 2-09-55-501-002-502 B Vehicle Maintenance R 07/23/12 08/01/12 P04982 N<br />

2 FREIGHT 13.15 2-09-55-501-002-502 B Vehicle Maintenance R 07/23/12 08/01/12 P04982 N<br />

90.55<br />

Vendor Total: 97.39<br />

H0126 HIGHTS ELECTRIC MOTOR, INC.<br />

12-01237 07/12/12 INV #941948 GEAR BOX<br />

1 BALDOR ELECTRIC MOTOR 1PH .25 556.16 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/12/12 08/01/12 941948 N<br />

2 BELT-3L290 15.12 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/12/12 08/01/12 941948 N<br />

571.28<br />

12-01262 07/16/12 PUMPS/BATTERIES/CHECK VALVE<br />

1 PUMPS/BATTERIES/CHECK VALVE 833.02 2-01-26-310-001-024 B Building Maintenance R 07/16/12 08/01/12 941865 N<br />

Tracking Id: IRENE Hurricane Irene Expenses<br />

12-01330 07/23/12 GOULDS SUBMERSIBLE PUMP<br />

1 GOULDS SUBMERSIBLE PUMP 997.60 2-09-55-501-002-529 B Sewer Main Repair/Supplies R 07/23/12 08/01/12 64562 N<br />

Vendor Total: 2,401.90


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 8<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

H0053 HIGHTS FARM EQUIPMENT CO.<br />

12-00837 05/09/12 LABOR -CORH BROKEN<br />

1 LABOR -CORH BROKEN 25.00 2-01-25-252-002-121 B Preventive Maintenance R 05/09/12 08/01/12 WO#0017743 N<br />

Vendor Total: 25.00<br />

H690 HIGHTSTOWN EMERGENCY MEDICAL<br />

12-01296 07/20/12 ACCT#100012445936 MAR-JUNE<br />

1 ACCT#100012445936 3/29-4/30/12 357.34 2-01-31-430-001-073 B Electric-Emergency Med R 07/20/12 08/01/12 100012445936 N<br />

2 ACCT#100012445936 5/1-5/30/12 636.35 2-01-31-430-001-073 B Electric-Emergency Med R 07/20/12 08/01/12 100012445936 N<br />

3 ACCT#100012445936 5/31-6/29/12 558.54 2-01-31-430-001-073 B Electric-Emergency Med R 07/20/12 08/01/12 100012445936 N<br />

1,552.23<br />

Vendor Total: 1,552.23<br />

H1098 HOME DEPOT CITI THD<br />

11-02159 12/05/11 INV 2035550,9045239<br />

1 0000201952 BLANK COV 1.80 1-09-55-501-002-503 B Sewer Plant Maintenance R 12/05/11 08/01/12 2035550 N<br />

2 0000182435 1/2XCLGALNPL 1.70 1-09-55-501-002-503 B Sewer Plant Maintenance R 12/05/11 08/01/12 2035550 N<br />

3 0000608103 2X WHTPRMR 18.85 1-09-55-501-002-503 B Sewer Plant Maintenance R 12/05/11 08/01/12 9045239 N<br />

4 000000 discount 6.27- 1-09-55-501-002-503 B Sewer Plant Maintenance R 12/05/11 08/01/12 9045239 N<br />

5 0000146973 SPRAY PAINT 7.76 1-09-55-501-002-503 B Sewer Plant Maintenance R 12/05/11 08/01/12 9045239 N<br />

6 0000722000 2.5 LATH 8.75 1-09-55-501-002-503 B Sewer Plant Maintenance R 12/05/11 08/01/12 9045239 N<br />

7 0000982577 4X8 MLD TUF 10.27 1-09-55-501-002-503 B Sewer Plant Maintenance R 12/05/11 08/01/12 9045239 N<br />

42.86<br />

12-00613 04/09/12 INV 8995560,0037406,1044029<br />

1 LINZ 4 IN HD WHITE FOAM MINI 4.97 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 8995560 N<br />

2 6 IN PLASTIC MINI ROLLER TRAY 3.58 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 8995560 N<br />

3 ARNOLD SIPHON PUMP 23.96 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 8995560 N<br />

4 E/O VNYL FOAM/aLUM DUCT INSUL 18.77 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 37406 N<br />

5 DUCT TAPE 7.98 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 0037406 N<br />

6 5000 PLUS 29.88 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 1044029 N<br />

7 5000 PLUS 24.90 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 1043997 N<br />

8 SLEEVE ANCHR 9.67 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 2043777 N<br />

9 1/2 FPBLVLTHD 14.64 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 1035327 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 9<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

H1098 HOME DEPOT CITI THD Continued<br />

12-00613 04/09/12 INV 8995560,0037406,1044029 Continued<br />

10 3/4FPBLVLTHD 21.30 2-09-55-501-002-503 B Sewer Plant Maintenance R 04/09/12 08/01/12 1035327 N<br />

159.65<br />

12-00870 05/11/12 INV 34205,2033755,9032053<br />

1 GROOVER 6.98 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 34205 N<br />

2 EDGER 5.98 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 34205 N<br />

3 HANDLE 6FT 26.88 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 34205 N<br />

4 2X4-12 GDF 18.48 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 2033755 N<br />

5 BULL FLOAT 92.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 2033755 N<br />

6 SPRING LINK 3.92 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 9032053 N<br />

7 FLY CATCHER 4.94 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 9032053 N<br />

8 SPRING LINK 2.94 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 9032144 N<br />

9 36" STRAP 14.90 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 9032144 N<br />

10 5PK NTR 5.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 9031244 N<br />

11 ALUM SPACE 22.98 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 8999558 N<br />

12 2X4-12 GDF 36.96 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 8999558 N<br />

13 5" EXP JOINT 50.00 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 899958 N<br />

14 3" CSDWLSCW1# 8.74 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 8999558 N<br />

15 PIPE CLIPS 1.74 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 8999558 N<br />

16 10DBRT3" 5LB 9.98 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 7043613 N<br />

17 2X4-12 GDF 46.20 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 7043613 N<br />

18 2X60YDAPDCTP 7.56 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 4035769 N<br />

19 10PR GLOVES 7.88 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 4035769 N<br />

20 DRN PIPE ADP 12.52 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 40357569 N<br />

21 PURPL PRIMER 14.15 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 4037569 N<br />

22 FITTINGS 17.76 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 4035769 N<br />

23 COREX PIPE 59.73 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 4035785 N<br />

24 CJ8Y PLG 2.38 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 39872 N<br />

25 HL/RY PLUG 4.47 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 39872 N<br />

26 RJ19LM PLG 2.38 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/11/12 08/01/12 39872 N<br />

487.45<br />

12-00940 05/23/12 APRIL/MAY <strong>2012</strong> INVOICES<br />

1 INV. 3220171 - GANG BLANK/ 31.29 2-01-28-369-001-141 B Parks & Playgrd Maintenance R 05/23/12 08/01/12 3220171 N<br />

2 INV. 3220175 - OUTLET BOX/ 7.97 2-01-28-369-001-141 B Parks & Playgrd Maintenance R 05/23/12 08/01/12 3220175 N<br />

3 INV. 3033365 - PAINT SUPPLIES 30.27 2-01-28-369-001-141 B Parks & Playgrd Maintenance R 05/23/12 08/01/12 3033365 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 10<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

H1098 HOME DEPOT CITI THD Continued<br />

12-00940 05/23/12 APRIL/MAY <strong>2012</strong> INVOICES Continued<br />

4 INV. 2220199 - TURNBUCKLES 23.70 2-01-28-369-001-141 B Parks & Playgrd Maintenance R 05/23/12 08/01/12 2220199 N<br />

5 INV. 4220392 - SAKRETE 24.39 2-01-28-369-001-141 B Parks & Playgrd Maintenance R 05/23/12 08/01/12 4220392 N<br />

6 INV. 9045404 - KEYS 3.14 2-01-26-310-001-024 B Building Maintenance R 05/23/12 08/01/12 9045404 N<br />

7 INV. 5220349 - SCREWS 74.75 2-01-28-369-001-141 B Parks & Playgrd Maintenance R 05/23/12 08/01/12 5220349 N<br />

8 INV. 2036167 - TAPE/SPRING/ 244.93 2-09-55-501-001-503 B Water Plant Maintenance R 05/23/12 08/01/12 2036167 N<br />

440.44<br />

12-01069 06/18/12 SUPPLIES 4/24/12<br />

1 SUPPLIES 4/24/12 74.75 T-12-56-286-000-836 B BOROUGH FAIR - DONATIONS R 06/18/12 08/01/12 SUPPLIES 4/24 N<br />

12-01096 06/18/12 MAY <strong>2012</strong> INVOICES<br />

1 INV. 5221004 - KEYS 9.42 2-01-26-310-001-024 B Building Maintenance R 06/18/12 08/01/12 5221004 N<br />

2 INV. 8048601 - 24 IN. WALL 71.52 2-09-55-501-001-503 B Water Plant Maintenance R 06/18/12 08/01/12 N<br />

3 INV. 8048515 - TO LOW 289.00 2-09-55-501-001-503 B Water Plant Maintenance R 06/18/12 08/01/12 8048515 N<br />

4 INV. 8243859 - E - DEPOSIT 100.00 2-09-55-501-002-529 B Sewer Main Repair/Supplies R 06/18/12 08/01/12 8243859 N<br />

5 INV. 8243868 - CREDIT - RENTAL 41.70- 2-09-55-501-002-529 B Sewer Main Repair/Supplies R 06/18/12 08/01/12 8243868 N<br />

6 INV. 7040023 - 4.5 MAS CUT 15.12 2-09-55-501-002-529 B Sewer Main Repair/Supplies R 06/18/12 08/01/12 7040023 N<br />

443.36<br />

12-01162 06/29/12 INV 5035808,38830,1030844<br />

1 FASTENERS 7.98 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 5035808 N<br />

2 BLADES 50PK 14.97 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 5035808 N<br />

3 2X4-12 GDF 14.31 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 5035808 N<br />

4 SCREWS 4.65 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 38830 N<br />

5 SCREWS 4.98 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 38830 N<br />

6 DRIP KIT 11.27 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 1030844 N<br />

7 5/4X6-12 PT 26.91 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 8037020 N<br />

8 2X8-8 #1 PT 15.14 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 8037020 N<br />

9 GRN 1# SCREW 6.93 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 8037020 N<br />

12 GUTTR&FLASH 19.71 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 4047003 N<br />

13 PRORLRMOPRFL 6.49 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 4047003 N<br />

14 LEAFRAKE 30" 9.98 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 7035140 N<br />

15 BOW RAKE 25.97 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 7035140 N<br />

16 STEEL RAKE 14.97 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 7035140 N<br />

17 5GAL MIXER 5.99 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 7035140 N<br />

18 12" BASIN KIT 41.61 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 7035140 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 11<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

H1098 HOME DEPOT CITI THD Continued<br />

12-01162 06/29/12 INV 5035808,38830,1030844 Continued<br />

19 QUICK MIX 11.25 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 7035140 N<br />

20 A 10" 40T 16.97 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 6037423 N<br />

21 STUBBY SET 14.97 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 6037423 N<br />

22 THRD ROD 3 4.71 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 1034517 N<br />

23 1/2DRPINANCH 1.96 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 1034517 N<br />

24 SKT CAP 5.96 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 4040824 N<br />

25 5/8 RTD SHTG 22.47 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 3040908 N<br />

26 2X4-12GDF 9.54 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 3040908 N<br />

27 GUTTR&FLASH 13.14 2-09-55-501-002-503 B Sewer Plant Maintenance R 06/29/12 08/01/12 304098 N<br />

332.83<br />

12-01280 07/16/12 JUNE <strong>2012</strong> INVOICES<br />

1 INV. 4994196 - KEYS/THERMOMETE 28.58 2-09-55-501-001-503 B Water Plant Maintenance R 07/16/12 08/01/12 4994196 N<br />

2 INV. 7030726 - GAS CAN 14.98 2-01-26-290-001-127 B Street Repair & Maintenance R 07/16/12 08/01/12 7030726 N<br />

3 INV. 6031133 - TIRE 30.76 2-01-28-369-001-139 B Mower Repairs R 07/16/12 08/01/12 6031133 N<br />

4 INV. 3031783 - SANDPAPER 11.94 2-01-26-310-001-024 B Building Maintenance R 07/16/12 08/01/12 3031783 N<br />

5 INV, 1221840 - HAMMER/LEVEL 30.91 2-09-55-501-001-503 B Water Plant Maintenance R 07/16/12 08/01/12 1221840 N<br />

117.17<br />

Vendor Total: 2,098.51<br />

H0163 HUNTER JERSEY PETERBILT, INC.<br />

12-01258 07/16/12 POLY BELTS<br />

1 INV. 5-221870067 - POLY BELTS 106.04 2-01-26-305-001-034 B Motor Vehicle Parts & Access. R 07/16/12 08/01/12 888924 N<br />

Vendor Total: 106.04<br />

H0161 HUNTER TECH.SOLUTIONS INC<br />

12-00845 05/10/12 TECHNICAL SUPPORT<br />

1 INV. 87945 PUBLIC WORKS 47.50 2-01-20-140-001-054 B Computer/Printers-Hardware & S<strong>of</strong>tware R 05/10/12 08/01/12 87945 N<br />

2 INV. 87943 SEWER DEPART. 47.50 2-01-20-140-001-054 B Computer/Printers-Hardware & S<strong>of</strong>tware R 05/10/12 08/01/12 87943 N<br />

95.00<br />

12-00849 05/10/12 TECH SUPPORT - PD<br />

1 TECH SUPPORT - PD 0.00 2-01-25-240-001-029 B Maint. Contracts - Other R 05/10/12 08/01/12 87847 N<br />

2 TECH SUPPORT - PD 23.75 2-01-25-240-001-029 B Maint. Contracts - Other R 05/10/12 08/01/12 87847 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 12<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

H0161 HUNTER TECH.SOLUTIONS INC Continued<br />

12-00849 05/10/12 TECH SUPPORT - PD Continued<br />

3 TECH SUPPORT - PD 0.00 2-01-25-240-001-029 B Maint. Contracts - Other R 05/10/12 08/01/12 87847 N<br />

4 TECH SUPPORT - PD 166.25 2-01-25-240-001-029 B Maint. Contracts - Other R 05/10/12 08/01/12 87847 N<br />

5 TECH SUPPORT - PD 95.00 2-01-25-240-001-029 B Maint. Contracts - Other R 05/10/12 08/01/12 87847 N<br />

6 TECH SUPPORT - PD 71.25 2-01-25-240-001-029 B Maint. Contracts - Other R 05/10/12 08/01/12 87847 N<br />

356.25<br />

12-01231 07/12/12 MISC TECH SUPPORT<br />

1 MISC TECH SUPPORT 47.50 2-01-25-250-001-094 B Computer/Service & Support R 07/12/12 08/01/12 88479 N<br />

2 MISC TECH SUPPORT 166.25 2-01-25-250-001-094 B Computer/Service & Support R 07/12/12 08/01/12 88479 N<br />

3 MISC TECH SUPPORT 47.50 2-01-25-250-001-094 B Computer/Service & Support R 07/12/12 08/01/12 88479 N<br />

4 MISC TECH SUPPORT 0.00 2-01-25-250-001-094 B Computer/Service & Support R 07/12/12 08/01/12 88479 N<br />

5 MISC TECH SUPPORT 47.50 2-01-25-250-001-094 B Computer/Service & Support R 07/12/12 08/01/12 88479 N<br />

308.75<br />

12-01314 07/23/12 TECHNICAL SUPPORT<br />

1 INV. 88510 CLERK'S OFFICE 47.50 2-01-20-140-001-054 B Computer/Printers-Hardware & S<strong>of</strong>tware R 07/23/12 08/01/12 88510 N<br />

2 INV. 88563 PUBLIC WORKS 23.75 2-01-20-140-001-054 B Computer/Printers-Hardware & S<strong>of</strong>tware R 07/23/12 08/01/12 88563 N<br />

71.25<br />

Vendor Total: 831.25<br />

I0069 IIMC<br />

12-01242 07/12/12 <strong>2012</strong>-2013 DUES<br />

1 DUES FOR DEBRA L. SOPRONYI 135.00 2-01-20-120-001-044 B Pr<strong>of</strong>essional Assoc. Dues R 07/12/12 08/01/12 ID26293 N<br />

Vendor Total: 135.00<br />

I1202 ITRON<br />

12-00633 04/09/12 MAINTENANCE AGREEMENT<br />

1 MAINTENANCE AGREEMENT 273.69 2-09-55-501-001-524 B Meter & Meter Parts R 04/09/12 08/01/12 252485 N<br />

Vendor Total: 273.69<br />

J0258 JCP&L (STREET LIGHTING)<br />

12-01303 07/20/12 ACCT#100011415724 6/19-7/18/12<br />

1 ACCT#100011415724 6/19-7/18/12 737.83 2-01-31-435-001-075 B Street Lighting R 07/20/12 08/01/12 100011415724 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 13<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

J0258 JCP&L (STREET LIGHTING) Continued<br />

12-01304 07/20/12 ACCT#100011415765 6/19-7/18/12<br />

1 ACCT#100011415765 6/19-7/18/12 1,724.09 2-01-31-435-001-075 B Street Lighting R 07/20/12 08/01/12 100011415765 N<br />

Vendor Total: 2,461.92<br />

J0030 JUDGE JAMES NEWMAN<br />

12-01352 07/29/12 7/23 JUDGE SPEC. DUI SESSION<br />

1 7/23 JUDGE SPEC. DUI SESSION 350.00 G-02-41-719-007-313 B ALCOHOL ED REHABILITATION 2010 R 07/29/12 08/01/12 7/23 SPEC. DUI N<br />

Vendor Total: 350.00<br />

K0054 K & A EXCAVATING CO., INC.<br />

12-01252 07/16/12 CONCRETE RECYCLING<br />

1 CONCRETE RECYCLING 150.00 2-01-26-311-001-199 B Miscellaneous R 07/16/12 08/01/12 40002 N<br />

Vendor Total: 150.00<br />

K0077 KANE, FRAN<br />

12-01356 07/29/12 CT SESSION 7/25/12<br />

1 CT SESSION 7/25/12 143.55 2-01-20-176-000-114 B Court Assistance R 07/29/12 08/01/12 7/25/12 N<br />

Vendor Total: 143.55<br />

L0018 LEE BATTERY SERVICE, INC.<br />

12-01257 07/16/12 1231MF BATTERIES<br />

1 INV. 678810 - BATTERIES 387.00 2-01-26-290-001-034 B Motor Vehicle Parts & Access. R 07/16/12 08/01/12 678810 N<br />

Vendor Total: 387.00<br />

M0029 LEXIS NEXIS - MATHEW BENDER<br />

12-00848 05/10/12 NJ LAW ENFORCEMENT HDBK W/CD<br />

1 NJ LAW ENFORCEMENT HDBK W/CD 144.94 2-01-25-240-001-033 B Books & Publications R 05/10/12 08/01/12 31026109 N<br />

Vendor Total: 144.94


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 14<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

L0036 LIBERTY CONSTRUCTION AND<br />

12-01247 07/15/12 RESOLUTION <strong>2012</strong>-181 PMT #1 CT200344 C<br />

1 RESOLUTION <strong>2012</strong>-181 PMT #1 10,780.00 C-08-55-945-001-541 B Water Improvements 2011-03 R 04/16/12 08/01/12 RES <strong>2012</strong>-181 N<br />

Vendor Total: 10,780.00<br />

L0033 LINDA MANN<br />

12-01353 07/29/12 COURT SESSION 7/11 & 7/25/12<br />

1 COURT SESSION 7/11 & 7/25/12 70.00 2-01-20-176-000-114 B Court Assistance R 07/29/12 08/01/12 7/11/12 N<br />

2 COURT SESSION 7/25/12 90.00 2-01-20-176-000-114 B Court Assistance R 07/29/12 08/01/12 7/25/12 N<br />

160.00<br />

Vendor Total: 160.00<br />

L1030 LISA TOCI<br />

12-01302 07/20/12 REIMBURSEMENT FOR ABIGAIL<br />

1 INV #24018 REIMB FOR ABIGAIL 29.00 T-12-56-286-000-861 B ANIMAL WELFARE COMMITTEE R 07/20/12 08/01/12 24018 N<br />

2 INV #25027 REIMB FOR ABIGAIL 75.86 T-12-56-286-000-861 B ANIMAL WELFARE COMMITTEE R 07/20/12 08/01/12 25027 N<br />

3 INV #25122 REIMB FOR ABIGAIL 201.95 T-12-56-286-000-861 B ANIMAL WELFARE COMMITTEE R 07/20/12 08/01/12 25122 N<br />

306.81<br />

Vendor Total: 306.81<br />

M0064 MAIN ELECTRIC SUPPLY CO., INC.<br />

12-01263 07/16/12 MIDGET FUSES<br />

1 MIDGET FUSES 128.08 2-09-55-501-001-503 B Water Plant Maintenance R 07/16/12 08/01/12 1484185-01 N<br />

2 FUSE PULLER 15.75 2-09-55-501-001-503 B Water Plant Maintenance R 07/16/12 08/01/12 1484679-01 N<br />

143.83<br />

Vendor Total: 143.83<br />

M0180 MCMASTER-CARR<br />

12-01254 07/16/12 RING TERMINALS<br />

1 INV. 29172848 - RING TERMINALS 47.11 2-01-26-305-001-038 B General Hardware Tools & Parts R 07/16/12 08/01/12 29172848 N<br />

12-01321 07/23/12 INV 30274355<br />

1 EASY-MAINTENANCE POLYPROPYLENE 31.59 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/23/12 08/01/12 30274355 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 15<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

M0180 MCMASTER-CARR Continued<br />

12-01321 07/23/12 INV 30274355 Continued<br />

2 SHIPPING 4.72 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/23/12 08/01/12 30274355 N<br />

36.31<br />

Vendor Total: 83.42<br />

M0256 MERCER CO IMPROVEMT AUTHORITY<br />

12-01095 06/18/12 MAY <strong>2012</strong> TIPPING<br />

1 MAY <strong>2012</strong> TIPPING 17,979.36 2-01-32-465-001-165 B Landfill Solid Waste Disposal-MCIA R 06/18/12 08/01/12 MAY-493875 N<br />

2 MAY <strong>2012</strong> RECYCLING TAX 442.26 2-01-43-496-001-174 B Recycling Tax R 06/18/12 08/01/12 MAY-493875 N<br />

18,421.62<br />

12-01277 07/16/12 JUNE <strong>2012</strong> TIPPING<br />

1 JUNE <strong>2012</strong> TIPPING 19,886.48 2-01-32-465-001-165 B Landfill Solid Waste Disposal-MCIA R 07/16/12 08/01/12 JUNE/493875 N<br />

2 JUNE <strong>2012</strong> RECYCLING TAX 491.47 2-01-43-496-001-174 B Recycling Tax R 07/16/12 08/01/12 JUNE/493875 N<br />

20,377.95<br />

Vendor Total: 38,799.57<br />

M0667 MERCER COUNTY CLERK<br />

12-01315 07/23/12 REPLENISH ACCOUNT<br />

1 ACCT. 10 REPLENISH ACCOUNT 20.00 2-01-20-120-001-199 B Miscellaneous R 07/23/12 08/01/12 ACCT. 10 N<br />

Vendor Total: 20.00<br />

M0095 MERCER COUNTY CLERK/ELECTION<br />

12-01163 06/29/12 PRIMARY ELECTION PRINTING<br />

1 PRIMARY ELECTION PRINTING 1,985.00 2-01-20-120-002-100 B Election Expenses R 06/29/12 08/01/12 <strong>2012</strong> PRIMARY N<br />

Vendor Total: 1,985.00<br />

M0086 MICHAEL'S KWIK PRINT D/B/A/<br />

12-01283 07/16/12 WINDOW ENVELOPES<br />

1 LOT OF 5,000 #10 WINDOW 305.00 2-01-20-125-001-023 B Printing & Stationary R 07/16/12 08/01/12 59946 N<br />

Vendor Total: 305.00


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 16<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

M1117 MICROFLEX CORPORATION<br />

12-01160 06/29/12 CUSTOMER # BOH1T0<br />

1 MF 300 XL LATEX GLOVES 514.50 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/29/12 08/01/12 IN1290848 N<br />

2 5G 375 XL LATEX GLOVES 581.45 2-09-55-501-002-506 B Lab. Equipment & Supplies R 06/29/12 08/01/12 IN1290848 N<br />

1,095.95<br />

Vendor Total: 1,095.95<br />

M0882 MID-STATE REGISTRARS ASSOC.<br />

12-01346 07/26/12 <strong>2012</strong> MID-STATE REGISTRARS FEES<br />

1 <strong>2012</strong> MEMBERSHIP FEES MID-STATE 30.00 2-01-20-120-001-044 B Pr<strong>of</strong>essional Assoc. Dues R 07/26/12 08/01/12 N<br />

Vendor Total: 30.00<br />

M1087 MJS MECHANICAL LLC<br />

12-01246 07/13/12 TRICKLING FILTER # 2<br />

1 FABRICATE WELDED ALUMINUM 2,600.00 C-08-55-945-003-541 B Sewer Projects 2011-03 R 07/13/12 08/01/12 ALUM TRICKLE N<br />

2 MISC WELDING SUPPLIES 200.00 C-08-55-945-003-541 B Sewer Projects 2011-03 R 07/13/12 08/01/12 MISC WELDI SUPP N<br />

3 FABRICATE AND INSTALL 38" 410.00 C-08-55-945-003-541 B Sewer Projects 2011-03 R 07/13/12 08/01/12 ALUM MANHOLE N<br />

3,210.00<br />

Vendor Total: 3,210.00<br />

M0254 MOBILE VISION L-3COMMUNICATION<br />

12-01239 07/12/12 EXTENDED MAINTENANCE AGREEMENT<br />

1 EXTENDED MAINTENANCE AGREEMENT 63.60 2-01-25-240-001-029 B Maint. Contracts - Other R 07/12/12 08/01/12 0186939-IN N<br />

2 EXTENDED MAINTENANCE AGREEMENT 1,500.00 2-01-25-240-001-029 B Maint. Contracts - Other R 07/12/12 08/01/12 0186938-IN N<br />

1,563.60<br />

Vendor Total: 1,563.60<br />

M0127 MONMOUTH COUNTY<br />

12-01276 07/16/12 ROOSEVELT TIPPING - JUNE <strong>2012</strong><br />

1 ROOSEVELT TIPPING - JUNE <strong>2012</strong> 1,911.01 2-01-43-513-001-171 B <strong>Borough</strong> <strong>of</strong> Roosevelt-Tipping Fees R 07/16/12 08/01/12 15534 N<br />

Vendor Total: 1,911.01


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 17<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

M0079 MORPHOTRAK<br />

12-01120 06/25/12 MAINTENANCE CONTRACT LIVE SCAN<br />

1 MAINTENANCE CONTRACT LIVE SCAN 2,349.00 2-01-43-507-001-029 B Maint. Contracts - Other R 06/25/12 08/01/12 109031 N<br />

Vendor Total: 2,349.00<br />

S0244 N.J. STATE DEPT OF LABOR<br />

12-01333 07/26/12 2ND QU. UNEMPLOYMT REIMBURSEMT<br />

1 2ND QU. UNEMPLOYMT REIMBURSEMT 2,402.22 T-16-56-286-000-833 B RESERVE-UNEMPLOYMENT TRUST R 07/26/12 08/01/12 0216000721/0000 N<br />

Vendor Total: 2,402.22<br />

N0070 NATW<br />

12-01154 06/29/12 NAT'L NIGHT OUT-PROMO MATERERI<br />

1 NAT'L NIGHT OUT-PROMO MATERERI 105.00 2-01-25-240-001-119 B Community Policing R 06/29/12 08/01/12 17694 N<br />

2 NAT'L NIGHT OUT-PROMO MATERERI 130.00 2-01-25-240-001-119 B Community Policing R 06/29/12 08/01/12 17694 N<br />

3 NAT'L NIGHT OUT-PROMO MATERERI 237.00 2-01-25-240-001-119 B Community Policing R 06/29/12 08/01/12 17694 N<br />

4 NAT'L NIGHT OUT-PROMO MATERERI 94.90 2-01-25-240-001-119 B Community Policing R 06/29/12 08/01/12 17694 N<br />

5 NAT'L NIGHT OUT-PROMO MATERERI 39.00 2-01-25-240-001-119 B Community Policing R 06/29/12 08/01/12 17694 N<br />

605.90<br />

Vendor Total: 605.90<br />

N0275 NJ LEAGUE OF MUNICIPALITIES<br />

12-01176 07/02/12 POLICE OFFICER AD - JULY <strong>2012</strong><br />

1 AD FOR POLICE OFFICER 130.00 2-01-20-120-001-021 B Advertisements R 07/02/12 08/01/12 5463SD N<br />

12-01245 07/13/12 HELP WANTED ADS<br />

1 AD FOR DEPUTY COURT ADMIN 110.00 2-01-20-120-001-021 B Advertisements R 07/13/12 08/01/12 5483SD N<br />

Vendor Total: 240.00<br />

N0170 NORCIA CORP.<br />

12-01267 07/16/12 REPAIR TO F-700 CYLINDERS<br />

1 REPAIR TO F-700 CYLINDERS 941.09 2-01-26-315-001-132 B Vehicle Maint. - Public Works R 07/16/12 08/01/12 68010 N<br />

Vendor Total: 941.09


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 18<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

O0022 OLD HIGHTS PRINT SHOP<br />

12-01260 07/16/12 WATER SHUT OFF DOOR HANGERS<br />

1 WATER SHUT OFF DOOR HANGERS 205.71 2-09-55-501-001-522 B Printing & Stationary R 07/16/12 08/01/12 80903 N<br />

Vendor Total: 205.71<br />

O0050 ONE CALL CONCEPT INC<br />

12-01278 07/16/12 JUNE <strong>2012</strong> ONE CALL MESSAGES<br />

1 JUNE <strong>2012</strong> ONE CALL MESSAGES 34.22 2-09-55-501-001-535 B Hydrants and Line Repair R 07/16/12 08/01/12 2065086 N<br />

Vendor Total: 34.22<br />

P0005 PARIS AUTOMOTIVE SUPPLY<br />

12-01268 07/16/12 MAY <strong>2012</strong> BILLING<br />

1 MAY <strong>2012</strong> BILLING 280.97 2-01-26-290-001-034 B Motor Vehicle Parts & Access. R 07/16/12 08/01/12 11250 N<br />

2 MAY <strong>2012</strong> BILLING 147.01 2-01-26-305-001-034 B Motor Vehicle Parts & Access. R 07/16/12 08/01/12 11250 N<br />

3 MAY <strong>2012</strong> BILLING 30.06 2-01-26-290-001-050 B DPW Work Equipment R 07/16/12 08/01/12 11250 N<br />

458.04<br />

Vendor Total: 458.04<br />

P1082 PATTI PROCACCINI<br />

12-01350 07/29/12 SPECIAL DUI SESSION 7/23/12<br />

1 SPECIAL DUI SESSION 7/23/12 135.00 G-02-41-719-007-313 B ALCOHOL ED REHABILITATION 2010 R 07/29/12 08/01/12 DUI 7/23/12 N<br />

12-01355 07/29/12 CT SESSION 6/27/12 & 7/11/12<br />

1 6/27/12 COURT HELP 114.57 2-01-20-176-000-114 B Court Assistance R 07/29/12 08/01/12 6/27/12 N<br />

2 7/11/12 COURT HELP 133.67 2-01-20-176-000-114 B Court Assistance R 07/29/12 08/01/12 7/11/12 N<br />

248.24<br />

Vendor Total: 383.24<br />

P0063 PREMIER MAGNESIA , LLC<br />

12-00148 01/28/12 <strong>2012</strong>/2010-260 MAGNES.HYDROXIDE B<br />

4 INV 498933 THIOGUARD 6,183.10 2-09-55-501-002-541 B Magnesium Hydroxide (Thioguard)Premier B R 01/28/12 08/01/12 498933 N<br />

Vendor Total: 6,183.10


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 19<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

P0044 PSE&G<br />

12-01297 07/20/12 #600301979323#6550326206 6/12<br />

1 #600301979323#6550326206 6/12 17.52 2-01-25-260-001-073 B Natural Gas Heat R 07/20/12 08/01/12 600301979323 N<br />

Vendor Total: 17.52<br />

Q0176 QC, INC.<br />

12-01273 07/16/12 WATER ANALYSIS<br />

1 INV. 1424290 - WATER ANALYSIS 204.00 2-09-55-501-001-532 B Outside Testing/Labs R 07/16/12 08/01/12 1424290 N<br />

2 INV. 1429047 - WATER ANALYSIS 46.50 2-09-55-501-001-532 B Outside Testing/Labs R 07/16/12 08/01/12 1429047 N<br />

250.50<br />

Vendor Total: 250.50<br />

R0077 ROBERTS ENGINEERING GRP LLC<br />

11-01532 09/14/11 ORD#2011-03,WATER,ENGINEERING B<br />

75 INV12275 POST CHLOR/ALUM REMOV 115.00 C-08-55-945-001-544 B Water Improvements 2011-03 Sec 20 R 09/14/11 08/01/12 12275 N<br />

11-01561 09/19/11 MISC SEWER PROJECTS BLANKET B<br />

76 INV 12274/TRICKLING FILTER 115.00 C-08-55-945-003-544 B Sewer Projects 2011-03 Sec 20 R 09/19/11 08/01/12 12274 N<br />

77 INV12276/UPGRADEPRIM.CLARIFIER 316.25 C-08-55-945-003-544 B Sewer Projects 2011-03 Sec 20 R 09/19/11 08/01/12 12276 N<br />

431.25<br />

12-00290 02/18/12 <strong>2012</strong> CONTRACT B<br />

29 INV 12227/ TAX MAP MTNC 75.00 2-01-20-165-001-109 B Tax Map Maintenance/Zoning R 02/18/12 08/01/12 12227 N<br />

30 12270/MISCELLANEOUS REQUESTS 635.00 2-01-20-165-001-103 B Misc-Req For Info & Data(B) R 02/18/12 08/01/12 12270 N<br />

710.00<br />

12-00354 02/29/12 <strong>2012</strong> WATER/SEWER CONTRACT B<br />

28 INV 12272/DEPT HEAD MEETING 115.00 2-09-55-501-002-508 B Engineer R 02/29/12 08/01/12 12272 N<br />

29 12273/NJDEP,DEPT MEETING/WELL3 1,030.00 2-09-55-501-001-508 B Engineer R 02/29/12 08/01/12 12273 N<br />

1,145.00<br />

12-00475 03/13/12 PLANNING BOARD <strong>2012</strong> CONTRACT B<br />

7 12238/MODIFY ERI/PB LETTER-PB 245.00 2-01-21-180-001-106 B Planning Board Engineer-General R 03/13/12 08/01/12 12238 N<br />

8 12278/PB MEETING-ATTEND 230.00 2-01-21-180-001-106 B Planning Board Engineer-General R 03/13/12 08/01/12 12278 N


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 20<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

R0077 ROBERTS ENGINEERING GRP LLC Continued<br />

12-00475 03/13/12 PLANNING BOARD <strong>2012</strong> CONTRACT Continued<br />

9 12279/REVIEW/REVISE STORM WTR 431.25 2-01-21-180-001-106 B Planning Board Engineer-General R 03/13/12 08/01/12 12279 N<br />

906.25<br />

12-01222 07/11/12 PEDDIE SCHOOL MAIN & WARD<br />

1 INV. 12240 PEDDIE SCHOOL MAIN 63.50 PEDWM08-09 P THE PEDDIE SCHOOL-MAIN & WARD R 07/11/12 08/01/12 12240 N<br />

12-01223 07/11/12 BRUCKNER SOUTHERN & MERCER ST<br />

1 INV. 12241 BRUCKNER SOUTHERN 349.25 MERCO12-03 P 480 MERCER ST. WAREHOUSE R 07/11/12 08/01/12 12241 N<br />

12-01293 07/20/12 MERCER STREET WAREHOUSE<br />

1 INV. 12282 ATTENDANCE AT 31.75 MERCO12-03 P 480 MERCER ST. WAREHOUSE R 07/20/12 08/01/12 12282 N<br />

12-01294 07/20/12 MENDIETA<br />

1 INV. 12281 ATTENDANCE AT 63.50 MENDI12-02 P MANUEL MENDIETA R 07/20/12 08/01/12 12281 N<br />

12-01381 07/31/12 INV12148&12169/SUMMIT STREET<br />

1 INV12148 SUMMIT ST IMPROVEMTS 4,465.00 C-04-55-860-001-448 B IMPROV SUMMIT SIDEWALKS SEC 20 UNF10-16 R 07/31/12 08/01/12 12148 N<br />

2 INV 12169 SUMMIT ST IMPROVEMNT 6,100.00 C-04-55-860-001-448 B IMPROV SUMMIT SIDEWALKS SEC 20 UNF10-16 R 07/31/12 08/01/12 12169 N<br />

10,565.00<br />

12-01382 07/31/12 INV12271 HURRICANE IRENE EMERG<br />

1 ADDRESS RT 33 DETOUR PROBLEMS 172.50 1-01-55-000-290-020 B PUBLIC WORKS OTHER EXPENSE R 07/31/12 08/01/12 12271/IRENE N<br />

Tracking Id: IRENE Hurricane Irene Expenses<br />

Vendor Total: 14,553.00<br />

R0112 RUSSELL REID WASTE HAULING<br />

12-00725 04/19/12 10 DAYS OF JETTING B<br />

5 INV 4477132 DATED 4/30/12 1,740.00 2-09-55-501-002-537 B Sewer Main Cleaning & Testing R 07/27/12 08/01/12 4477132 N<br />

Vendor Total: 1,740.00<br />

S1048 SADDLEBACK MATERIALS CO, INC.<br />

12-01056 06/12/12 EMPTY SANDBAGS<br />

1 EMPTY SANDBAGS 310.00 2-01-26-290-001-127 B Street Repair & Maintenance R 06/12/12 08/01/12 17464 N<br />

Tracking Id: IRENE Hurricane Irene Expenses


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 21<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

S1048 SADDLEBACK MATERIALS CO, INC. Continued<br />

12-01056 06/12/12 EMPTY SANDBAGS Continued<br />

2 SHIPPING 80.95 2-01-26-290-001-127 B Street Repair & Maintenance R 06/12/12 08/01/12 2463 N<br />

Tracking Id: IRENE Hurricane Irene Expenses<br />

390.95<br />

Vendor Total: 390.95<br />

S0122 SAKOUTIS BROTHERS DISPOSAL,INC<br />

12-00252 02/13/12 DUMPSTER CONTRACT <strong>2012</strong> B<br />

8 7/1 -7/31 inv. 226255 2,437.50 2-01-26-305-001-029 B Contract-Sakoutis Brothers Dsp-Dumpsters R 07/26/12 08/01/12 226255 N<br />

9 8/1 - 8/31 INV 17632 2,437.50 2-01-26-305-001-029 B Contract-Sakoutis Brothers Dsp-Dumpsters R 07/26/12 08/01/12 228969 N<br />

4,875.00<br />

Vendor Total: 4,875.00<br />

S0746 SAMZIES UNIFORMS, INC<br />

12-00950 05/23/12 CLOTHING ALLOWANCE - MARCHIONE<br />

1 CLOTHING ALLOWANCE - MARCHIONE 181.74 2-01-25-240-001-043 B Uniform Allowance/Leather Gds. R 05/23/12 08/01/12 82634 N<br />

Vendor Total: 181.74<br />

S0061 SEA BOX<br />

12-01132 06/25/12 FILE UNIT FOR COURT<br />

1 RECONT 10 - 10' X 8'6" RENTAL 450.00 2-01-20-176-000-053 B Office Equipment/ Maint. R 06/25/12 08/01/12 RQ01808 N<br />

2 DELIVERY OF RENTAL CONTAINER 175.00 2-01-20-176-000-053 B Office Equipment/ Maint. R 06/25/12 08/01/12 RQ01808 N<br />

3 PICK-UP OF RENTAL CONTAINER 175.00 2-01-20-176-000-053 B Office Equipment/ Maint. R 06/25/12 08/01/12 RQ01808 N<br />

800.00<br />

Vendor Total: 800.00<br />

S0087 SHERWIN WILLIAMS PAINT<br />

12-01240 07/12/12 INV 6042-4<br />

1 GALLON B54YZ437 IN EN SAF YEL 64.99 2-09-55-501-002-503 B Sewer Plant Maintenance R 07/12/12 08/01/12 6042-4 N<br />

Vendor Total: 64.99


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 22<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

S0037 SONIA MARCOS<br />

12-01354 07/29/12 CT SESSION 6/27/12<br />

1 COURT SESSION 6/27/12 60.00 2-01-20-176-000-114 B Court Assistance R 07/29/12 08/01/12 6/27/12 N<br />

Vendor Total: 60.00<br />

S0039 SOUTH BRUNSWICK RECYCLING<br />

12-01253 07/16/12 PURCH OF RECYCLED CONCRETE<br />

1 PURCH OF RECYCLED CONCRETE 120.00 2-09-55-501-001-535 B Hydrants and Line Repair R 07/16/12 08/01/12 17049 N<br />

Vendor Total: 120.00<br />

S0070 SPORTSMEN'S CENTER<br />

12-00944 05/23/12 WORK BOOTS<br />

1 RICK LINKE (WORK BOOTS) 84.59 2-09-55-501-002-507 B Uniforms & Safety Equipment R 05/23/12 08/01/12 LINKE N<br />

2 JOHNNIE WEEKS (WORK BOOTS) 94.49 2-09-55-501-002-507 B Uniforms & Safety Equipment R 05/23/12 08/01/12 WEEKS N<br />

179.08<br />

Vendor Total: 179.08<br />

S0107 STA-SEAL, INC<br />

12-01259 07/16/12 ROCKITE<br />

1 ROCKITE - INV. 708781 351.50 2-09-55-501-002-529 B Sewer Main Repair/Supplies R 07/16/12 08/01/12 708781 N<br />

2 ROCKITE - INV. 708781 351.50 2-09-55-501-001-535 B Hydrants and Line Repair R 07/16/12 08/01/12 708781 N<br />

703.00<br />

Vendor Total: 703.00<br />

S0240 STATE OF N.J.-DEPT OF TREASURY<br />

12-01376 07/31/12 EMP ID#039300/DUE 8/15/12<br />

1 EMP ID#039300/DUE 8/15/12 35,917.09 2-01-23-210-003-115 B Medical Ins-Empl Grp Health R 07/31/12 08/01/12 8/15-039300 N<br />

2 EMP ID#039300/DUE 8/15/12 2,549.32 2-09-55-501-001-514 B INSURANCE R 07/31/12 08/01/12 8/15-039300 N<br />

3 EMP ID#039300/DUE 8/15/12 10,868.15 2-09-55-501-002-514 B Insurance R 07/31/12 08/01/12 8/15-039300 N<br />

49,334.56<br />

Vendor Total: 49,334.56


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 23<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

S0375 STEVENSON SUPPLY CO.<br />

12-01270 07/16/12 WATER REPAIR SUPPLIES<br />

1 WATER REPAIR SUPPLIES 526.45 2-09-55-501-001-535 B Hydrants and Line Repair R 07/16/12 08/01/12 463096 N<br />

Vendor Total: 526.45<br />

T0002 TAMARA L. LEE,PP,AICP,LLA,<br />

12-00291 02/18/12 PLANNING BOARD CONTRACT <strong>2012</strong> B<br />

8 INV #6 6/1-6/30/12 472.50 2-01-21-180-001-105 B General Planning-Consulting R 02/24/12 08/01/12 6 N<br />

12-01224 07/11/12 MENDIETA<br />

1 JOB 06-341-18 INV. 2 MENDIETA 603.75 MENDI12-02 P MANUEL MENDIETA R 07/11/12 08/01/12 06-341-18 2 N<br />

12-01305 07/20/12 INV#15 6/1-6/30/12 COAH CERT<br />

1 INV#15 6/1-6/30/12 COAH CERT 525.00 T-26-56-286-000-847 B Housing-Developer Fees R 07/20/12 08/01/12 15 N<br />

Vendor Total: 1,601.25<br />

T0030 THE TIMES OF TRENTON<br />

12-01313 07/23/12 LEGAL ADS<br />

1 ACCT.1089910 INV. 03463794 13.34 2-01-20-120-001-021 B Advertisements R 07/23/12 08/01/12 03463794 N<br />

Vendor Total: 13.34<br />

T0LIC TREASURER STATE OF NEW JERSEY<br />

12-01310 07/23/12 COMPOST COMPLIANCE MONITORING<br />

1 COMPOST COMPLIANCE MONITORING 1,015.00 2-01-26-305-001-131 B License, Fees and Permits R 07/23/12 08/01/12 120925120 N<br />

Vendor Total: 1,015.00<br />

T0110 TURF EQUIPMENT & SUPPLY CO LLC<br />

12-01279 07/16/12 SEAL KIT<br />

1 SEAL KIT - INV. 801878-00 59.87 2-01-28-369-001-139 B Mower Repairs R 07/16/12 08/01/12 801878-00 N<br />

Vendor Total: 59.87


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 24<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

U0013 USA BLUE BOOK<br />

12-00855 05/10/12 INV 657579 CL2 PUMP<br />

1 SOLO ROLLABOUT SPRAYER 3 GALLO 63.95 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/10/12 08/01/12 657579 N<br />

2 LMI DIAPHGRAM 3.0 SIZE 68.64 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/10/12 08/01/12 657579 N<br />

3 FREIGHT INV 657579 15.33 2-09-55-501-002-503 B Sewer Plant Maintenance R 05/15/12 08/01/12 657579 N<br />

147.92<br />

12-00861 05/10/12 1 GALLON STRIKE<br />

1 1 GALLON STRIKE 1,376.95 2-09-55-501-002-524 B Deodorant Blocks/Strike R 05/10/12 08/01/12 666508- N<br />

2 FREIGHT 23.80 2-09-55-501-002-524 B Deodorant Blocks/Strike R 05/15/12 08/01/12 666508 N<br />

3 DISCOUNT 137.70- 2-09-55-501-002-524 B Deodorant Blocks/Strike R 07/19/12 08/01/12 666508 N<br />

1,263.05<br />

Vendor Total: 1,410.97<br />

U0061 USALCO, INC<br />

12-01184 07/03/12 INV# 1088167 ALUMINUM SULFATE CT200343 C<br />

1 INV# 1088167 ALUMINUM SULFATE 4,271.73 2-09-55-501-002-542 B Aluminum Sulfate R 07/02/12 08/01/12 1088167 N<br />

12-01185 07/03/12 INV# 1082028 ALUMINUM SULFATE CT200343 C<br />

1 INV# 1082028 ALUMINUM SULFATE 4,169.76 2-09-55-501-002-542 B Aluminum Sulfate R 07/02/12 08/01/12 1082028 N<br />

12-01306 07/20/12 INV#1095090 LIQ ALUM SULFATE CT200343 C<br />

1 INV#1095090 LIQ ALUM SULFATE 4,175.32 2-09-55-501-002-542 B Aluminum Sulfate R 07/02/12 08/01/12 1095090 N<br />

Vendor Total: 12,616.81<br />

V0019 VERIZON<br />

12-01233 07/12/12 ACOOUNT #609-490-0267 527 56Y<br />

1 6/20/12 32.83 2-09-55-501-003-545 B Telephone-W/S-VERIZON R 07/12/12 08/01/12 6094900267 N<br />

12-01324 07/23/12 609 426-9070 472 13Y<br />

1 609 426-9070 472 13Y 252.24 2-01-31-440-001-089 B Telephone-VERIZON R 07/23/12 08/01/12 609-426-9070 N<br />

Vendor Total: 285.07


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 25<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

V0029 VERIZON - LONG DISTANCE<br />

12-01300 07/20/12 ACCT 000770685630 46Y 7/14/12<br />

1 ACCT 000770685630 46Y 7/14/12 53.76 2-01-31-440-001-089 B Telephone-VERIZON R 07/20/12 08/01/12 609 371-0267 N<br />

Vendor Total: 53.76<br />

V0022 VERIZON WIRELESS<br />

12-01230 07/12/12 VERIZON WIRELESS MDN SERVICES<br />

1 VERIZON WIRELESS MDN SERVICES 280.13 2-01-43-507-001-029 B Maint. Contracts - Other R 07/12/12 08/01/12 6751229017 N<br />

Vendor Total: 280.13<br />

V0290 VITAL COMMUNICATIONS INC.<br />

12-01188 07/03/12 INV# V50388 MONTHLY CHARGE<br />

1 INV# V50388 MONTHLY CHARGE 200.00 2-01-20-150-001-029 B Maintenance Contracts R 07/03/12 08/01/12 V50388 N<br />

12-01198 07/06/12 <strong>2012</strong> TAX DUPLICATE FILE<br />

1 2011 TAX DUPLICATE FILE 100.00 2-01-20-145-001-023 B Tax Bill/Notice Printing R 07/06/12 08/01/12 50572 N<br />

Vendor Total: 300.00<br />

W0070 WASTE MANAGEMENT<br />

12-01155 06/29/12 INV 0085731-2382-8<br />

1 MUNICIPAL PUBLICLY OWNED TREAT 1,134.24 2-09-55-501-002-540 B Grit/Screening Disposal-Waste Mgmt R 06/29/12 08/01/12 0085731-2382-8 N<br />

2 FUEL SURCHARGE-LANDFILL 78.65 2-09-55-501-002-540 B Grit/Screening Disposal-Waste Mgmt R 06/29/12 08/01/12 0085731-2382-8 N<br />

3 STANDARD ENVIRONMENTAL FEE 14.00 2-09-55-501-002-540 B Grit/Screening Disposal-Waste Mgmt R 06/29/12 08/01/12 0085731-2382-8 N<br />

1,226.89<br />

12-01248 07/16/12 INV 2377209-0502-3<br />

1 INACTIVITY CHARGE 125.00 2-09-55-501-002-540 B Grit/Screening Disposal-Waste Mgmt R 07/16/12 08/01/12 2377209-0502-3 N<br />

2 20 YD ROLLOFF 329.00 2-09-55-501-002-540 B Grit/Screening Disposal-Waste Mgmt R 07/16/12 08/01/12 2377209-0502-3 N<br />

3 FUEL/ENVIRONMENTAL CHARGE 87.25 2-09-55-501-002-540 B Grit/Screening Disposal-Waste Mgmt R 07/16/12 08/01/12 2377209-0502-3 N<br />

4 ADMINISTRATIVE FEE 4.00 2-09-55-501-002-540 B Grit/Screening Disposal-Waste Mgmt R 07/16/12 08/01/12 2377209-0502-3 N<br />

545.25<br />

Vendor Total: 1,772.14


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 26<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Vendor # Name<br />

PO # PO Date Description Contract PO Type First Rcvd Chk/Void 1099<br />

Item Description Amount Charge Account Acct Type Description Stat/Chk Enc Date Date Date Invoice Excl<br />

W0099 WATCHUNG SPRING WATER CO., INC<br />

12-01234 07/12/12 INV 4515313<br />

1 DP 5 GAL DISTLD 37.96 2-09-55-501-002-506 B Lab. Equipment & Supplies R 07/12/12 08/01/12 4515313 N<br />

2 DELIVERY FEE 4.99 2-09-55-501-002-506 B Lab. Equipment & Supplies R 07/12/12 08/01/12 4515313 N<br />

42.95<br />

Vendor Total: 42.95<br />

W0096 WATER WORKS SUPPLY CO., INC.<br />

12-00822 05/07/12 METER COUPLING/METER WASHERS<br />

1 METER COUPLING/METER WASHERS 185.06 2-09-55-501-001-524 B Meter & Meter Parts R 05/07/12 08/01/12 IF71687 N<br />

2 SHARPENING SERVICE 80.00 2-09-55-501-001-535 B Hydrants and Line Repair R 05/07/12 08/01/12 IF71726 N<br />

265.06<br />

Vendor Total: 265.06<br />

W0110 WPCS INTERNATIONAL-LAKEWOOD,<br />

12-01099 06/18/12 NARROWBAND CHARGES WPXJ301<br />

1 NARROWBAND CHARGES WPXJ301 145.00 2-01-25-250-001-029 B Maintenance Contracts-Other R 06/18/12 08/01/12 79980- N<br />

12-01121 06/25/12 MAINT CONTRACT-RADIO & MOBILE<br />

1 MAINT CONTRACT-RADIO & MOBILE 4,740.00 2-01-43-507-001-029 B Maint. Contracts - Other R 06/25/12 08/01/12 60540 N<br />

Vendor Total: 4,885.00<br />

Y0025 YOSTEMBSKI, ROBERT<br />

12-01229 07/12/12 JUNE <strong>2012</strong> PROSECUTOR FEES<br />

1 JUNE <strong>2012</strong> PROSECUTOR FEES 1,200.00 2-01-25-275-001-111 B Municipal Prosecutor R 07/12/12 08/01/12 JUNE N<br />

12-01351 07/29/12 SPEC. DUI SESSION 7/23/12<br />

1 PROSECUTOR-DUI SESSION 7/23/12 300.00 G-02-41-719-007-313 B ALCOHOL ED REHABILITATION 2010 R 07/29/12 08/01/12 7/23 SPEC. DUI N<br />

Vendor Total: 1,500.00<br />

Total Purchase Orders: 137 Total P.O. Line Items: 324 Total List Amount: 209,888.14 Total Void Amount: 0.00


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 27<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Fund Description Fund Budget Total Revenue Total Project Total<br />

CURRENT FUND 1-01 679.93 0.00 0.00<br />

1-09 42.86 0.00 0.00<br />

Year Total: 722.79 0.00 0.00<br />

CURRENT FUND 2-01 120,336.43 0.00 0.00<br />

2-09 58,315.14 0.00 0.00<br />

2-21 0.00 0.00 1,210.75<br />

Year Total: 178,651.57 0.00 1,210.75<br />

GENERAL CAPITAL C-04 10,565.00 0.00 0.00<br />

WATER/SEWER CAPITAL C-08 14,536.25 0.00 0.00<br />

Year Total: 25,101.25 0.00 0.00<br />

G-02 785.00 0.00 0.00<br />

TRUST OTHER - FUND #12 T-12 381.56 0.00 0.00<br />

UNEMPLOYMENT TRUST FUND #16 T-16 2,402.22 0.00 0.00<br />

HOUSING TRUST FUND-RECAPTURED FUNDS T-26 633.00 0.00 0.00<br />

Year Total: 3,416.78 0.00 0.00<br />

Total Of All Funds: 208,677.39 0.00 1,210.75


<strong>August</strong> 1, <strong>2012</strong> <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> Page No: 28<br />

02:58 PM Purchase Order Listing By Vendor Name<br />

Project Description Project No. Project Total<br />

MANUEL MENDIETA MENDI12-02 766.25<br />

480 MERCER ST. WAREHOUSE MERCO12-03 381.00<br />

THE PEDDIE SCHOOL-MAIN & WARD PEDWM08-09 63.50<br />

Total Of All Projects: 1,210.75


Resolution <strong>2012</strong>-200<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

A RESOLUTION AUTHORIZING THE BOROUGH OF HIGHTSTOWN TO ENTER<br />

INTO AN AGREEMENT WITH “THE HIGHTSTOWN GROUP HOME” FOR THE<br />

EXPENDITURE OF AFFORDABLE HOUSING TRUST FUNDS IN ORDER TO<br />

FACILITATE THE CONTINUATION OF AFFORDABLE HOUSING UNITS WITHIN<br />

THE BOROUGH<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> (the “<strong>Borough</strong>”) petitioned the Council on Affordable Housing<br />

(“COAH”) for substantive certification <strong>of</strong> its housing element and fair share plan in 2005; and<br />

WHEREAS, the <strong>Borough</strong> has previously adopted Ordinance(s) authorizing the imposition and collection<br />

<strong>of</strong> development fees in connection with certain new residential and non-residential construction in the <strong>Borough</strong>,<br />

which funds were to be deposited into an Affordable Housing Trust Fund (also referenced as the “Trust Fund”); and<br />

WHEREAS, the monies collected and deposited into the Trust Fund were intended to be utilized in order<br />

to facilitate the construction and/or rehabilitation <strong>of</strong> affordable units within the <strong>Borough</strong>; and<br />

WHEREAS, COAH has previously approved the <strong>Borough</strong>’s Development Fees Ordinance(s); and<br />

WHEREAS, to date, the <strong>Borough</strong> has collected in excess <strong>of</strong> $400,000 in development fees; and<br />

and<br />

WHEREAS, as <strong>of</strong> December 31, 2011, the balance <strong>of</strong> funds on deposit in the Trust Fund was $395,881.73;<br />

WHEREAS, the <strong>Borough</strong> has previously approved a Spending Plan concerning the <strong>Borough</strong>’s intentions<br />

with regard to the expenditure <strong>of</strong> the funds on deposit in the Trust Fund, in an effort to facilitate the construction<br />

and/or rehabilitation <strong>of</strong> affordable housing units within the <strong>Borough</strong>; and<br />

WHEREAS, following the <strong>Borough</strong> Council’s approval <strong>of</strong> the proposed Spending Plan, the <strong>Borough</strong><br />

forwarded the same to COAH on or about December 30, 2008 seeking COAH’s formal review and approval <strong>of</strong> the<br />

same; and<br />

WHEREAS, notwithstanding the good faith filing <strong>of</strong> the Spending Plan with COAH at that time by the<br />

<strong>Borough</strong>, COAH has never formally taken any action with regard to the <strong>Borough</strong>’s Spending Plan; and<br />

WHEREAS, during the years which have elapsed since the initial filing <strong>of</strong> the <strong>Borough</strong>’s Spending Plan<br />

with COAH, the <strong>Borough</strong>’s intentions with respect to the expenditure <strong>of</strong> the funds collected and deposited into the<br />

Trust Fund have evolved, and certain revisions to the Spending Plan became necessary; and<br />

WHEREAS, those revisions have recognized the negotiations that have taken place over the years between<br />

the <strong>Borough</strong> and various entities relating to the construction <strong>of</strong> new affordable housing units within the <strong>Borough</strong>;<br />

and<br />

WHEREAS, the said revisions have been incorporated into a Revised Spending Plan, which was approved<br />

by the <strong>Hightstown</strong> <strong>Borough</strong> Council on July 16, <strong>2012</strong>, and which was filed with COAH immediately thereafter; and<br />

WHEREAS, the Revised Spending Plan incorporates an affordable housing project involving a three (3)-<br />

unit group home known as “The <strong>Hightstown</strong> Group Home” (the “group home”); and<br />

WHEREAS, the group home is located at 114 Spring Crest Drive within the <strong>Borough</strong>, which is more<br />

commonly known and designated as Block 55, Lot 4 on the <strong>Borough</strong>’s Tax Map (the “property”); and


WHEREAS, the group home was part <strong>of</strong> the <strong>Borough</strong>’s prior round certification and the property was<br />

previously deed restricted for affordability; however, that deed restriction has expired; and<br />

WHEREAS, in exchange for the continuation <strong>of</strong> the thirty (30) year deed restrictions and controls on<br />

affordability at the property, the <strong>Borough</strong> has already committed to provide the sum <strong>of</strong> Thirty Thousand Dollars<br />

($30,000) to The <strong>Hightstown</strong> Group Home in order to facilitate the continuation <strong>of</strong> the controls on these units; and<br />

WHEREAS, the specific terms and conditions associated with this venture are set forth in an Agreement<br />

between the parties; and<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> wishes to provide its authorization for the Mayor to execute and<br />

the <strong>Borough</strong> Clerk to attest the said Agreement, which shall memorialize the understanding previously reached<br />

between the parties (i.e., prior to the <strong>Borough</strong>’s approval <strong>of</strong> the Revised Spending Plan referenced above) regarding<br />

the project; and<br />

WHEREAS, the said Agreement shall be in a form satisfactory to the <strong>Borough</strong> Attorney; and<br />

WHEREAS, the <strong>Hightstown</strong> <strong>Borough</strong> Council finds and declares that the execution <strong>of</strong> the said Agreement<br />

is in the best interests <strong>of</strong> the residents <strong>of</strong> the <strong>Borough</strong>.<br />

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong><br />

<strong>of</strong> <strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and the State <strong>of</strong> New Jersey, as follows:<br />

1. That the Mayor is hereby authorized to execute and the <strong>Borough</strong> Clerk to attest the above-referenced<br />

Agreement, which shall memorialize the understanding previously reached between the parties (i.e., prior<br />

to the <strong>Borough</strong>’s approval <strong>of</strong> the Revised Spending Plan referenced above) regarding the project, which<br />

shall involve the payment <strong>of</strong> $30,000 from the Trust Fund to The <strong>Hightstown</strong> Group Home in order to<br />

facilitate the continuation <strong>of</strong> the affordability controls on these three (3) units.<br />

2. That a certified copy <strong>of</strong> this Resolution shall be provided to each <strong>of</strong> the following:<br />

a. COAH;<br />

b. Michael Theokas, <strong>Borough</strong> Administrator;<br />

c. Tamara Lee, <strong>Borough</strong> Planner;<br />

d. Frederick C. Raffetto, Esq., <strong>Borough</strong> Attorney;<br />

e. Gary Rosensweig, Esq., Planning Board Attorney; and<br />

f. Carmela Roberts, P.E., <strong>Borough</strong> Engineer.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6. <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Resolution <strong>2012</strong>-201<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

A RESOLUTION AUTHORIZING THE BOROUGH OF HIGHTSTOWN TO ENTER INTO AN<br />

AGREEMENT WITH “HABITAT FOR HUMANITY MILLSTONE BASIN AFFILIATE” FOR THE<br />

PROVISION OF AFFORDABLE HOUSING TRUST FUNDS IN ORDER TO ASSIST WITH THE<br />

CONSTRUCTION OF NEW AFFORDABLE HOUSING UNITS WITHIN THE BOROUGH.<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> (the “<strong>Borough</strong>”) petitioned the Council on Affordable Housing<br />

(“COAH”) for substantive certification <strong>of</strong> its housing element and fair share plan in 2005; and<br />

WHEREAS, the <strong>Borough</strong> has previously adopted Ordinance(s) authorizing the imposition and collection<br />

<strong>of</strong> development fees in connection with certain new residential and non-residential construction in the <strong>Borough</strong>,<br />

which funds were to be deposited into an Affordable Housing Trust Fund (also referenced as the “Trust Fund”); and<br />

WHEREAS, the monies collected and deposited into the Trust Fund were intended to be utilized in order<br />

to facilitate the construction and/or rehabilitation <strong>of</strong> affordable units within the <strong>Borough</strong>; and<br />

WHEREAS, COAH has previously approved the <strong>Borough</strong>’s Development Fees Ordinance(s); and<br />

WHEREAS, to date, the <strong>Borough</strong> has collected in excess <strong>of</strong> $400,000 in development fees; and<br />

and<br />

WHEREAS, as <strong>of</strong> December 31, 2011, the balance <strong>of</strong> funds on deposit in the Trust Fund was $395,881.73;<br />

WHEREAS, the <strong>Borough</strong> has previously approved a Spending Plan concerning the <strong>Borough</strong>’s intentions<br />

with regard to the expenditure <strong>of</strong> the funds on deposit in the Trust Fund, in an effort to facilitate the construction<br />

and/or rehabilitation <strong>of</strong> affordable housing units within the <strong>Borough</strong>; and<br />

WHEREAS, following the <strong>Borough</strong> Council’s approval <strong>of</strong> the proposed Spending Plan, the <strong>Borough</strong><br />

forwarded the same to COAH on or about December 30, 2008 seeking COAH’s formal review and approval <strong>of</strong> the<br />

same; and<br />

WHEREAS, notwithstanding the good faith filing <strong>of</strong> the Spending Plan with COAH at that time by the<br />

<strong>Borough</strong>, COAH has never formally taken any action with regard to the <strong>Borough</strong>’s Spending Plan; and<br />

WHEREAS, during the years which have elapsed since the initial filing <strong>of</strong> the <strong>Borough</strong>’s Spending Plan<br />

with COAH, the <strong>Borough</strong>’s intentions with respect to the expenditure <strong>of</strong> the funds collected and deposited into the<br />

Trust Fund have evolved, and certain revisions to the Spending Plan became necessary; and<br />

WHEREAS, those revisions have recognized the negotiations that have taken place over the years between<br />

the <strong>Borough</strong> and various entities relating to the construction <strong>of</strong> new affordable housing units within the <strong>Borough</strong>;<br />

and<br />

WHEREAS, the said revisions have been incorporated into a Revised Spending Plan, which was approved<br />

by the <strong>Hightstown</strong> <strong>Borough</strong> Council on July 16, <strong>2012</strong>, and which was filed with COAH immediately thereafter; and<br />

WHEREAS, the Revised Spending Plan incorporates an affordable housing project to be constructed by<br />

Habitat for Humanity Millstone Basin Affiliate (“HFHMBA”); and<br />

WHEREAS, HFHMBA is a non-pr<strong>of</strong>it charitable corporation formed for the purpose <strong>of</strong> enabling low and<br />

moderate income families to purchase affordable housing; and<br />

WHEREAS, pursuant to negotiations which have taken place between the <strong>Borough</strong> and HFHMBA<br />

(collectively, the “parties”), HFHMBA intends to construct an affordable housing project (the “project”) along


South Academy Street within the <strong>Borough</strong>, more specifically to be located at Block 40, Lots 22, 23 and 24 on the<br />

<strong>Borough</strong>’s Tax Map (the “property”); and<br />

WHEREAS, the project involves the construction <strong>of</strong> four (4) affordable housing units in the form <strong>of</strong> two<br />

(2) single-family duplexes to be constructed by HFHMBA, with the <strong>Borough</strong> sponsoring two (2) <strong>of</strong> the said units;<br />

and<br />

WHEREAS, the project received approvals from the <strong>Hightstown</strong> <strong>Borough</strong> Planning Board in 2011; and<br />

WHEREAS, in exchange for the deed restrictions and controls on affordability to be established on the<br />

affordable units at the property, the <strong>Borough</strong> has already committed to provide the sum <strong>of</strong> Two Hundred Thousand<br />

Dollars ($200,000) to HFHMBA to assist with the construction <strong>of</strong> this project; and<br />

WHEREAS, the specific terms and conditions associated with this venture are set forth in an Agreement<br />

between the parties; and<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> wishes to provide its authorization for the Mayor to execute and<br />

the <strong>Borough</strong> Clerk to attest the said Agreement, which shall memorialize the understanding previously reached<br />

between the parties (i.e., prior to the <strong>Borough</strong>’s approval <strong>of</strong> the Revised Spending Plan referenced above) regarding<br />

the project; and<br />

WHEREAS, the said Agreement shall be in a form satisfactory to the <strong>Borough</strong> Attorney; and<br />

WHEREAS, the <strong>Hightstown</strong> <strong>Borough</strong> Council finds and declares that the execution <strong>of</strong> the said Agreement<br />

is in the best interests <strong>of</strong> the residents <strong>of</strong> the <strong>Borough</strong>.<br />

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong><br />

<strong>of</strong> <strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and the State <strong>of</strong> New Jersey, as follows:<br />

1. That the Mayor is hereby authorized to execute and the <strong>Borough</strong> Clerk to attest the above-referenced<br />

Agreement, which shall memorialize the understanding previously reached between the parties (i.e., prior<br />

to the <strong>Borough</strong>’s approval <strong>of</strong> the Revised Spending Plan referenced above) regarding the project, which<br />

shall involve the payment <strong>of</strong> $200,000 from the Trust Fund to HFHMBA to assist with the construction <strong>of</strong><br />

this project.<br />

2. That a certified copy <strong>of</strong> this Resolution shall be provided to each <strong>of</strong> the following:<br />

a. COAH;<br />

b. Michael Theokas, <strong>Borough</strong> Administrator;<br />

c. Tamara Lee, <strong>Borough</strong> Planner;<br />

d. Frederick C. Raffetto, Esq., <strong>Borough</strong> Attorney;<br />

e. Gary Rosensweig, Esq., Planning Board Attorney; and<br />

f. Carmela Roberts, P.E., <strong>Borough</strong> Engineer.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6. <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Resolution <strong>2012</strong>-202<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

A RESOLUTION AUTHORIZING THE BOROUGH OF HIGHTSTOWN TO ENTER INTO AN<br />

AGREEMENT WITH “HOLLY HOUSE, INC.” FOR THE EXPENDITURE OF AFFORDABLE<br />

HOUSING TRUST FUNDS IN ORDER TO FACILITATE THE CONTINUATION OF AFFORDABLE<br />

HOUSING UNITS WITHIN THE BOROUGH.<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> (the “<strong>Borough</strong>”) petitioned the Council on Affordable Housing<br />

(“COAH”) for substantive certification <strong>of</strong> its housing element and fair share plan in 2005; and<br />

WHEREAS, the <strong>Borough</strong> has previously adopted Ordinance(s) authorizing the imposition and collection<br />

<strong>of</strong> development fees in connection with certain new residential and non-residential construction in the <strong>Borough</strong>,<br />

which funds were to be deposited into an Affordable Housing Trust Fund (also referenced as the “Trust Fund”); and<br />

WHEREAS, the monies collected and deposited into the Trust Fund were intended to be utilized in order<br />

to facilitate the construction and/or rehabilitation <strong>of</strong> affordable units within the <strong>Borough</strong>; and<br />

WHEREAS, COAH has previously approved the <strong>Borough</strong>’s Development Fees Ordinance(s); and<br />

WHEREAS, to date, the <strong>Borough</strong> has collected in excess <strong>of</strong> $400,000 in development fees; and<br />

and<br />

WHEREAS, as <strong>of</strong> December 31, 2011, the balance <strong>of</strong> funds on deposit in the Trust Fund was $395,881.73;<br />

WHEREAS, the <strong>Borough</strong> has previously approved a Spending Plan concerning the <strong>Borough</strong>’s intentions<br />

with regard to the expenditure <strong>of</strong> the funds on deposit in the Trust Fund, in an effort to facilitate the construction<br />

and/or rehabilitation <strong>of</strong> affordable housing units within the <strong>Borough</strong>; and<br />

WHEREAS, following the <strong>Borough</strong> Council’s approval <strong>of</strong> the proposed Spending Plan, the <strong>Borough</strong><br />

forwarded the same to COAH on or about December 30, 2008 seeking COAH’s formal review and approval <strong>of</strong> the<br />

same; and<br />

WHEREAS, notwithstanding the good faith filing <strong>of</strong> the Spending Plan with COAH at that time by the<br />

<strong>Borough</strong>, COAH has never formally taken any action with regard to the <strong>Borough</strong>’s Spending Plan; and<br />

WHEREAS, during the years which have elapsed since the initial filing <strong>of</strong> the <strong>Borough</strong>’s Spending Plan<br />

with COAH, the <strong>Borough</strong>’s intentions with respect to the expenditure <strong>of</strong> the funds collected and deposited into the<br />

Trust Fund have evolved, and certain revisions to the Spending Plan became necessary; and<br />

WHEREAS, those revisions have recognized the negotiations that have taken place over the years between<br />

the <strong>Borough</strong> and various entities relating to the construction <strong>of</strong> new affordable housing units within the <strong>Borough</strong>;<br />

and<br />

WHEREAS, the said revisions have been incorporated into a Revised Spending Plan, which was approved<br />

by the <strong>Hightstown</strong> <strong>Borough</strong> Council on July 16, <strong>2012</strong>, and which was filed with COAH immediately thereafter; and<br />

WHEREAS, the Revised Spending Plan incorporates an affordable housing project involving a ten (10)-<br />

unit group home known as the “Holly House” (the “group home”), which is under the ownership and/or<br />

management <strong>of</strong> Holly House, Inc.; and<br />

WHEREAS, the group home is located at 117 Dey Street within the <strong>Borough</strong>, which is more commonly<br />

known and designated as Block 59, Lot 5.02 on the <strong>Borough</strong>’s Tax Map (the “property”); and


WHEREAS, the group home was part <strong>of</strong> the <strong>Borough</strong>’s prior round certification and the property was<br />

previously deed restricted for affordability; however, that deed restriction is due to expire on or about December 2,<br />

<strong>2012</strong>; and<br />

WHEREAS, in exchange for the continuation <strong>of</strong> the thirty (30) year deed restrictions and controls on<br />

affordability at the property, the <strong>Borough</strong> has already committed to provide the sum <strong>of</strong> One Hundred Thousand<br />

Dollars ($100,000) to Holly House, Inc. in order to facilitate the continuation <strong>of</strong> the controls on these units; and<br />

WHEREAS, the specific terms and conditions associated with this venture are set forth in an Agreement<br />

between the parties; and<br />

WHEREAS, the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> wishes to provide its authorization for the Mayor to execute and<br />

the <strong>Borough</strong> Clerk to attest the said Agreement, which shall memorialize the understanding previously reached<br />

between the parties (i.e., prior to the <strong>Borough</strong>’s approval <strong>of</strong> the Revised Spending Plan referenced above) regarding<br />

the project; and<br />

WHEREAS, the said Agreement shall be in a form satisfactory to the <strong>Borough</strong> Attorney; and<br />

WHEREAS, the <strong>Hightstown</strong> <strong>Borough</strong> Council finds and declares that the execution <strong>of</strong> the said Agreement<br />

is in the best interests <strong>of</strong> the residents <strong>of</strong> the <strong>Borough</strong>.<br />

NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the <strong>Borough</strong> Council <strong>of</strong> the <strong>Borough</strong><br />

<strong>of</strong> <strong>Hightstown</strong>, in the County <strong>of</strong> Mercer and the State <strong>of</strong> New Jersey, as follows:<br />

1. That the Mayor is hereby authorized to execute and the <strong>Borough</strong> Clerk to attest the above-referenced<br />

Agreement, which shall involve the payment <strong>of</strong> $100,000 from the Trust Fund to Holly House, Inc. in order<br />

to facilitate the continuation <strong>of</strong> the affordability controls on these ten (10) units.<br />

2. That a certified copy <strong>of</strong> this Resolution shall be provided to each <strong>of</strong> the following:<br />

a. COAH;<br />

b. Michael Theokas, <strong>Borough</strong> Administrator;<br />

c. Tamara Lee, <strong>Borough</strong> Planner;<br />

d. Frederick C. Raffetto, Esq., <strong>Borough</strong> Attorney;<br />

e. Gary Rosensweig, Esq., Planning Board Attorney; and<br />

f. Carmela Roberts, P.E., <strong>Borough</strong> Engineer.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6. <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Resolution <strong>2012</strong>-203<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING A STATE CONTRACT PURCHASE FOR THE HIGHTSTOWN BOROUGH<br />

POLICE DEPARTMENT – CAD/RMS SYSTEM<br />

WHEREAS, there is a need for a Computer Aid Dispatch/Record Management System for use by the<br />

<strong>Hightstown</strong> Police Department; and<br />

WHEREAS, the Police Director has secured authorization from the New Jersey Office <strong>of</strong> the<br />

Attorney General to utilize $40,000.00 from the Drunk Driving Enforcement Fund, and from the Mercer<br />

County Prosecutor to utilize $16,000.00 from the Municipal Law Enforcement Trust Account to pay for this<br />

project; and<br />

WHEREAS, the Police Director has found pricing and availability for the necessary s<strong>of</strong>tware through<br />

New Jersey State Contract; and<br />

WHEREAS, the Purchasing Agent has reviewed the findings <strong>of</strong> the Police Director; and<br />

WHEREAS, it is the recommendation <strong>of</strong> the Purchasing Agent and Police Director that the Computer<br />

Aid Dispatch/Record Management System be purchased under state contract #A77560/M0003 from SHI, 290<br />

Davidson Avenue, Somerset, New Jersey for an amount not to exceed $53,494.04; and<br />

WHEREAS, the Treasurer has certified that funds are available for this purchase.<br />

NOW THEREFORE BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

that the Purchasing Agent is hereby authorized to purchase a Computer Aid Dispatch/Record Management<br />

System from SHI, 290 Davidson Avenue, Somerset, New Jersey under New Jersey State Contract<br />

#A77560/M0003 for an amount not to exceed $53,494.04.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

_______________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Pricing Proposal<br />

Quotation #: 5667088<br />

Created On: Jul-18-<strong>2012</strong><br />

Valid Until: Jul-31-<strong>2012</strong><br />

<strong>Hightstown</strong> Police Department Inside Account Manager<br />

James LaTellier<br />

413 Mercer Street<br />

<strong>Hightstown</strong><br />

NJ<br />

08520<br />

Phone: 609-448-1234 Ext. 723<br />

Fax: (609) 443-0310<br />

Email: policedirector@hightstownborough.com<br />

Jennine Lewis<br />

290 Davidson Avenue<br />

Somerset. NJ 08873<br />

Phone: 888-744-4084<br />

Fax: 888-896-8860<br />

Email: Jennine_Lewis@shi.com<br />

All Prices are in US Dollar (USD)<br />

Product Qty Your Price Total<br />

LawS<strong>of</strong>t CAD/RMS System for <strong>Hightstown</strong> Police Dept.<br />

Laws<strong>of</strong>t - Part#: LawS<strong>of</strong>t CAD/RMS<br />

$37,647.50 $37,647.50<br />

2 Mobile Cop Interface - to publish DMV inquiries into CAD/RMS system<br />

Laws<strong>of</strong>t - Part#: Mobile Cop<br />

$5,087.50 $5,087.50<br />

3 FileMaker 12 Server I FileMaker Pro Client Platform<br />

Laws<strong>of</strong>t - Part#: FMS/FMP12<br />

$3,434.06 $3,434.06<br />

4 EZ-Street Draw 4 Drawing Tools for NJ Crash Report<br />

Laws<strong>of</strong>t - Part#: EZ-Draw<br />

$202.48 $202.48<br />

5 Data conversion from existing vendor into the LawS<strong>of</strong>t CAD/RMS system<br />

Laws<strong>of</strong>t - Part#: Data Conversion<br />

$5,087.50 $5,087.50<br />

6 ThinkGIS Active Call mapper integrated into CAD<br />

Laws<strong>of</strong>t - Part#: WfH-ThinkGIS Call<br />

$2,035.00 $2,035.00<br />

7 Secure Intemal affairs Module that includes all State <strong>of</strong> NJ AG's forms and forms<br />

needed to accreditation.<br />

Laws<strong>of</strong>t - Part#: IA Module<br />

$0.00 $0.00<br />

Total $53,494.04<br />

Additional<br />

Comments<br />

Recurring Maintenance for LawS<strong>of</strong>t CAD/RMS $6,900.00 annually after 1st year <strong>of</strong> free support.<br />

NJ S<strong>of</strong>tware State Contract #77560<br />

Thank you for the opportunity to quote. SHI is a leading reseller <strong>of</strong> s<strong>of</strong>tware, hardware, and peripherals. SHI is a 100% Asian-<br />

Owned Minority Company.<br />

SHI has been working with State and Local Governments for over 15 years. We have a S<strong>of</strong>tware Licensing Specialist for every<br />

major manufacturer and a hardware and service department to assist with any configuration.<br />

Please keep SHI in mind for you future s<strong>of</strong>tware and hardware needs.<br />

For Immediate Assistance with quote requests, order inquiries or service, please contact your Inside Sales Team at 1-888-591-<br />

3400 or by email: NJGOV@shi.com


Resolution <strong>2012</strong>-204<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING RECEIPT OF BIDS FOR THE GREENWAY WALKING BRIDGE OVER<br />

PEDDIE LAKE<br />

BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that the<br />

Clerk/Purchasing Agent is hereby authorized to prepare specifications and advertise for bids for the Greenway<br />

Walking Bridge over Peddie Lake, and that the <strong>Borough</strong> is authorized to receive same after proper<br />

advertisement.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

_______________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Resolution <strong>2012</strong>-205<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING AND DIRECTING THE HIGHTSTOWN WATER DEPARTMENT TO<br />

RESUME FLUORIDATION OF THEWATER SUPPLY<br />

WHEREAS, the <strong>Hightstown</strong> Water Department stopped fluoridation <strong>of</strong> the water supply in September<br />

2010 due to malfunctioning fluoridation equipment; and<br />

WHEREAS, the equipment required for fluoridation <strong>of</strong> the water supply has been repaired; and<br />

WHEREAS, the Board <strong>of</strong> Health has endorsed resuming fluoridation to the water supply; and<br />

WHEREAS, the <strong>Hightstown</strong> <strong>Borough</strong> Water Department will follow all New Jersey Department <strong>of</strong><br />

Environmental Protection requirements regarding resident notification and procedures for the resumption <strong>of</strong> fluoride<br />

into the <strong>Hightstown</strong> <strong>Borough</strong> water supply.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> that<br />

the <strong>Hightstown</strong> Water Department is hereby authorized and directed to resume water fluoridation <strong>of</strong> the water<br />

supply and to follow all New Jersey Department <strong>of</strong> Environmental Protection requirements regarding resident<br />

notification for same.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


HIGHTSTOWN BOROUGH<br />

154 North Main Street, <strong>Hightstown</strong>, NJ 08520 * Tel. (609) 936-8400 * Fax (609) 799-2136<br />

DEPARTMENT OF HEALTH<br />

MEMORANDUM<br />

TO:<br />

FROM:<br />

SUBJECT:<br />

Michael Theokas, Business Administrator<br />

Jill M. Swanson, Health Officer<br />

Board <strong>of</strong> Health Recommendation for Community Water<br />

Fluoridation<br />

DATE: July 20, <strong>2012</strong><br />

─────────────────────────────────────────────────<br />

Please be advised the <strong>Hightstown</strong> Board <strong>of</strong> Health discussed the issue <strong>of</strong> fluoridation <strong>of</strong><br />

the public water supplied by the <strong>Hightstown</strong> Water Department on July 18, <strong>2012</strong> during<br />

the scheduled meeting. The Board voted to recommend that the <strong>Borough</strong> continue the<br />

practice <strong>of</strong> community water fluoridation at the optimal level <strong>of</strong> 0.7 ppm as established<br />

by the federal guidelines.


The <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

Water Department<br />

148 N. Main St.<br />

<strong>Hightstown</strong>, New Jersey 08520<br />

Telephone: 609-490-5117<br />

Facsimile: 609-490-5111<br />

<strong>August</strong> 1, <strong>2012</strong><br />

To:<br />

From:<br />

Re:<br />

Michael Theokas<br />

<strong>Borough</strong> Administrator<br />

Sean McGuire<br />

Water Plant Operator<br />

Fluoride System<br />

In order to place the Fluoride System into operation, we will need to purchase two<br />

(2) chemical pumps. (One for the supply to the town and one for the fill supply<br />

tank – the second will also serve as a back-up pump) the approximate cost <strong>of</strong><br />

$890.00 per pump. ($1,780.00).<br />

We will also need approximately three (3) work days (24 hrs.) to clear the room <strong>of</strong><br />

storage and to prepare for the Fluoride feed. For safety, the ceiling ventilation in<br />

the room will also need improvement at an approximate cost <strong>of</strong> $72.00.<br />

We have 90 gallons <strong>of</strong> fluoride on hand as <strong>of</strong> <strong>August</strong> 1, <strong>2012</strong>, but will need an<br />

estimated 675 additional gallons to complete the year.<br />

Our budget line for Fluoride has a current balance <strong>of</strong> $9,000.00 for <strong>2012</strong>. It is<br />

assumed that the cost <strong>of</strong> the chemical will rise when we go out for bid. (I believe<br />

we are in the 2 nd year <strong>of</strong> a 2 year contract.)<br />

The purchase Personal Protection Equipment for the safe handling <strong>of</strong> Hydr<strong>of</strong>luoric<br />

Acid is also needed. This would include respirators, goggles and chemical suits.<br />

The estimated start up cost for this equipment is $350.00, with additional costs to<br />

be incurred as supplies need to be replaced.<br />

Please let me know if you need additional information.


Resolution <strong>2012</strong>-206<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING A SHARED SERVICES AGREEMENT WITH MERCER COUNTY<br />

REGARDING EMERGENCY TELECOMMUNICATIONS SERVICES<br />

WHEREAS, in 2008 <strong>Hightstown</strong> <strong>Borough</strong> entered into an interlocal agreement with Mercer County<br />

for assistance with the dispatch <strong>of</strong> fire apparatus and provision <strong>of</strong> operational communications for the fire<br />

service community in the <strong>Borough</strong>, and will be provided at no cost to the <strong>Borough</strong>; and<br />

WHEREAS, the County <strong>of</strong> Mercer has <strong>of</strong>fered to continue to assist the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> as<br />

needed in providing emergency telecommunication services January 1, <strong>2012</strong> through December 31, 2017 and<br />

WHEREAS, these services include assistance in the dispatch <strong>of</strong> fire apparatus and provision <strong>of</strong><br />

operational communications for the fire service community in the <strong>Borough</strong>, and will be provided at no cost to<br />

the <strong>Borough</strong>; and<br />

WHEREAS, the County has requested that the <strong>Borough</strong> enter into a shared services agreement for<br />

these services; and<br />

WHEREAS, it is the desire <strong>of</strong> the Mayor and <strong>Borough</strong> Council to enter into this agreement.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

that the attached Shared Services Agreement with the County <strong>of</strong> Mercer for assistance in the dispatch <strong>of</strong> fire<br />

apparatus and provision <strong>of</strong> operational communications for the fire service community in the <strong>Borough</strong> <strong>of</strong><br />

<strong>Hightstown</strong>, as needed, is hereby approved, and the Mayor and <strong>Borough</strong> Clerk are authorized to execute same.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6, <strong>2012</strong>.<br />

_____________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


SHARED SERVICES AGREEMENT<br />

between<br />

MERCER COUNTY, NEW JERSEY<br />

and<br />

BOROUGH OF HIGHTSTOWN, NEW JERSEY<br />

THIS AGREEMENT is made this ________ day <strong>of</strong> __________________ <strong>2012</strong>,<br />

by and between <strong>Hightstown</strong> <strong>Borough</strong>, New Jersey (hereinafter referred to as “The<br />

Municipality”) and the County <strong>of</strong> Mercer, New Jersey (hereinafter referred to as<br />

“County”); and,<br />

WHEREAS, pursuant to the authority <strong>of</strong> N.J.S.A. 40A:65-1 et. seq., the County and The<br />

Municipality have agreed to have the Mercer County Emergency Services<br />

Communications Center assist The Municipality in providing telecommunication services<br />

for the period <strong>of</strong> January <strong>2012</strong> thru December 2017 unless the County or Municipality<br />

notifies the other, by certified mail, <strong>of</strong> its intentions to terminate the Agreement with a<br />

notice <strong>of</strong> time <strong>of</strong> a least sixty (60) days prior; and,<br />

WHEREAS, it is understood that the parties are entering into this agreement in an<br />

effort to, without charge, assist in the dispatch <strong>of</strong> fire apparatus and provide operational<br />

communications for the fire service community in The Municipality as needed; and,<br />

WHEREAS, in exchange for receiving the within services without charge, The<br />

Municipality agrees to indemnify and hold harmless the County for any liabilities which<br />

may arise out <strong>of</strong> using the services provided by the County’s Emergency Services<br />

Communications Center; and,<br />

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be<br />

duly executed the day and year aforesaid.<br />

ATTEST:<br />

COUNTY OF MERCER<br />

_____________________<br />

JERLENE H. WORTHY, CLERK<br />

BOARD OF CHOOSEN FREEHOLDERS<br />

_____________________________<br />

BRIAN M. HUGHES<br />

MERCER COUNTY EXECUTIVE<br />

ATTEST:<br />

BOROUGH OF HIGHTSTOWN<br />

_____________________<br />

DEBRA L. SOPRONYI<br />

BOROUGH CLERK<br />

___________________________<br />

STEVEN KIRSON, MAYOR


Resolution <strong>2012</strong>-207<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

LIFTING THE MORATORIUM ON AND ESTABLISHING THE ISSUANCE OF TAXI<br />

LICENSES FOR <strong>2012</strong> AND 2013<br />

WHEREAS, resolution <strong>2012</strong>-121, which was adopted on April 16, <strong>2012</strong>, authorized a continuation <strong>of</strong><br />

the temporary extension <strong>of</strong> the existing valid 2011 taxicab owners’ and taxicab drivers’ licenses, as well as a<br />

continuation <strong>of</strong> the moratorium on the issuance <strong>of</strong> any new <strong>2012</strong> licenses until the adoption and facilitation <strong>of</strong> a<br />

revised taxi ordinance; and<br />

WHEREAS, ordinance <strong>2012</strong>-09 has been adopted by the <strong>Borough</strong> Council; and<br />

WHEREAS, the <strong>Borough</strong> Clerk and Police Director find that lifting the moratorium and beginning the<br />

process <strong>of</strong> licensing taxicab owners and drivers in the <strong>Borough</strong> should begin immediately upon publication <strong>of</strong> the<br />

adoption <strong>of</strong> the ordinance; and<br />

WHEREAS, the <strong>Borough</strong> Clerk and Police Director recommend that licenses issued at this time be<br />

effective through December 31, 2013; and<br />

WHEREAS, they further recommend that the licensing fee for <strong>2012</strong> be pro-rated and the full licensing<br />

fee for 2013 be required with each application; and<br />

WHEREAS, the Mayor and Council find that the recommendations made by the <strong>Borough</strong> Clerk and<br />

Police Director will provide for an efficient licensing procedure for taxicab owners and drivers, and the<br />

<strong>Borough</strong>.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

that the <strong>Borough</strong> Clerk and Police Director are hereby authorized and directed to undertake the proper<br />

procedures to license the taxicab owners and drivers in the <strong>Borough</strong> in accordance with the recommendations<br />

herein noted and the ordinance as adopted.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6. <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk


Resolution <strong>2012</strong>-208<br />

BOROUGH OF HIGHTSTOWN<br />

COUNTY OF MERCER<br />

STATE OF NEW JERSEY<br />

AUTHORIZING THE ISSUANCE OF AUCTION LICENSES – EMPIRE ANTIQUES<br />

WHEREAS, applications for licenses to hold auctions on Saturday, September 1, <strong>2012</strong> and Saturday,<br />

September 22, <strong>2012</strong> at 278 Monmouth Street in the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong> has been submitted by Empire<br />

Antiques, together with the required fees; and<br />

WHEREAS, the applications has been reviewed and approved by the Police Director; and<br />

WHEREAS, it is the desire <strong>of</strong> the Mayor and Council that licenses be issued to Empire Antiques for<br />

these events.<br />

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council <strong>of</strong> the <strong>Borough</strong> <strong>of</strong> <strong>Hightstown</strong><br />

that the <strong>Borough</strong> Clerk is hereby authorized to issue licenses to Empire Antiques for their auctions to be held<br />

on Saturday, September 1, <strong>2012</strong> and Saturday, September 22, <strong>2012</strong> at 278 Monmouth Street.<br />

CERTIFICATION<br />

I hereby certify the foregoing to be a true copy <strong>of</strong> a resolution adopted by the <strong>Borough</strong> Council at a meeting held on <strong>August</strong> 6. <strong>2012</strong>.<br />

__________________________________________<br />

Debra L. Sopronyi<br />

<strong>Borough</strong> Clerk

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