TOWNSHIP COMMITTEE MEETING

APRIL 26, 2004

The regular meeting of the Township Committee of the Township of Cranbury was held at 8:00 p.m. in the Town Hall Meeting Room. Answering present to the roll call were: Township Committee members: Becky Beauregard, Michael Mayes, Thomas Panconi, Jr., Pari Stave and Mayor Stannard. Also present were: Trishka Waterbury, Esquire, Attorney, Cathleen Marcelli, Engineer, Frederick C. Carr, Administrator and Kathleen R. Cunningham, Clerk. Mayor Stannard led in the salute to the flag and Ms. Cunningham gave the following Open Public Meetings Act statement:

In accordance with Section 5 of the Open Public Meetings Act, it is hereby announced and shall be entered into the minutes of this meeting that adequate notice of this meeting has been provided:

1. Posted on December 2, 2003 on the Bulletin Board of the Municipal

Office at 23-A North Main Street, Cranbury, New Jersey and remains posted at that location.

2. Communicated to the Cranbury Press, Home News Tribune and Trenton Times on December 2, 2003.

3. Was filed on December 2, 2003 with a Deputy Municipal Clerk at the Cranbury Municipal Office, 23-A North Main Street, Cranbury, New Jersey and remains on file for public inspection, and

4. Sent to those individuals who have requested personal notice.

Reports and Communications from Committee

--Committee Minutes 19 April 2004

On motion by Mr. Mayes, seconded by Ms. Stave and unanimously carried, the minutes for April 19, 2004 were adopted.

--Sub Committee Reports -

Mr. Panconi reported that the Police Contract Negotiations Subcommittee had met last Thursday with the Police Department and have another meeting scheduled for this Thursday, April 29, 2004. He reported that negotiations are progressing.

Ms. Stave reported that she had met with Fred Carr, Mayor Stannard and Tom Witt, Public Works Supervisor regarding a Public Works Building for storage. Ms. Stave suggested that in addition to the $195,000 received from the County, Cranbury Township should apply for funding for a storage building. Ms. Stave will draft a letter for discussion at the next meeting.

Ms. Stave also reported that she had attended a Park Planning Commission meeting. Keith Vincilette, an Eagle Scout, has a plan for a bike park in Village Park. Ms. Stave recommended to the Township Committee having a process in place for Eagle Scout projects as well as an agreement with the individual, i.e. maintenance issues, etc. Ms. Marcelli and Ms. Waterbury will prepare an agreement for the Township Committee to review.

Agenda Additions/Changes

The Closed Session Resolution # 04-04-078 was amended to include Litigation— Township of Cranbury vs. D.C. Mc Bride.

Ordinances

Second Reading

Cranbury Township Ordinance # 03-04-09

A motion to enter an Ordinance entitled, “Cranbury Township Ordinance # 04-04-09, A BOND ORDINANCE PROVIDING FOR THE DEMOLITION OF THE WRIGHT PROPERTY BUILDING IN AND BY THE TOWNSHIP OF CRANBURY, IN THE COUNTY OF MIDDLESEX, NEW JERSEY AND AUTHORIZING THE ISSUANCE OF $275,000 BONDS OR NOTES OF THE TOWNSHIP FOR FINANCING PART OF THE APPROPRIATON”, was presented for second reading and final adoption. The Ordinance was published in the Cranbury Press, posted on the Township Bulletin Board and copies were available to the public. The Mayor opened the public hearing on the Ordinance. Ms. Connie Bauder, Petty Road, asked if covered in the demolition, are asbestos and abatement. No else one present wished to speak, so the hearing was declared closed. On motion by Ms. Stave, seconded by Mr. Mayes, the Ordinance was adopted by a vote:

Ayes: Absent: (None

(Mayes

(Panconi

(Stannard Abstain: (Beauregard

(Stave

Nays: None

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE, OF THE TOWNSHIP OF CRANBURY, IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1. The improvement described in Section 3 of this bond ordinance has heretofore been authorized to be undertaken by the Township of Cranbury, New Jersey as a general improvement. For the improvement or purpose described in Section 3, there is hereby appropriated the supplemental amount of $289,000, such sum being in addition to the $150,000 appropriated therefor by bond ordinance #04-03-06 of the Township finally adopted April 28, 2003, and including the sum of $14,000 as the additional down payment required by the Local Bond Law. The additional down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.

Section 2. In order to finance the additional cost of the improvement or purpose not covered by application of the additional down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $275,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3. (a) The improvement heretofore authorized and the purpose for the financing of which the bonds are to be issued is the demolition of the Wright Property building as more fully described in bond ordinance #04-03-06 of the Township finally adopted April 28, 2003, including all work and materials necessary therefor and incidental thereto.

(b) The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is $417,000, including the $142,000 bonds or notes authorized by bond ordinance #04-03-06 of the Township finally adopted April 28, 2003 and the $275,000 bonds or notes authorized herein.

(c) The estimated cost of the improvement or purpose is $439,000, including the $150,000 appropriated by bond ordinance #04-03-06 of the

Cranbury Township Ordinance # 03-04-09

(Continued)

Township finally adopted April 28, 2003 and the $289,000 appropriated herein.

Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5. The capital budget of the Township of Cranbury is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available there for public inspection.

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

(a) The improvement or purpose described in Section 3 of this bond ordinance is not a current expense. It is an improvement or purpose that the Township may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.

(b) The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 15 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $275,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $88,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement. Of this amount, $30,000 was estimated for these items of expense in bond ordinance #04-03-06 of the Township finally adopted April 28, 2003, and an additional $58,000 is estimated therefor herein.

Section 7. Any grant moneys received for the purpose described in Section 3 hereof shall be applied either to direct payment of the cost of the improvement or to payment of the

Cranbury Township Ordinance # 03-04-09

(Continued)

obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.

Section 8. The chief financial officer of the Township is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

Section 9. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount.

Section 10. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Resolutions

Consent

On motion offered by Ms. Stave, seconded by Ms. Beauregard, the following Consent Agenda Resolutions were adopted by vote:

Ayes: (Beauregard

(Mayes Absent: (None

(Panconi

(Stannard Abstain: (None

(Stave

Nays: None

Cranbury Township Resolution # R 04-04-079

NOW, THEREFORE, BE IT RESOLVED, by the Township of Cranbury that all bills and claims as audited and found to be correct be paid.

Cranbury Township Resolution # R 04-04-080

WHEREAS, there is a need for labor relations counsel for the Township of Cranbury on an ongoing basis, and

Cranbury Township Resolution # R 04-04-080

(Continued)

WHEREAS, Ruderman & Glickman, P.C. , law offices has submitted a proposed contract for providing these services at rates noted in the attached document, and

WHEREAS, funds are available for this purpose, and

WHEREAS, the Local Public Contract Law (N.J.S.A. 40:11-1 et. seq.) requires that the Resolution authorizing the award of the contracts for professional services without competitive bids must be publicly advertised if in excess of the bid limit;

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Cranbury that the:

1. Mayor and Clerk of the Township of Cranbury are hereby authorized and directed to execute the attached Agreement with Ruderman & Glickman, P.C. law offices for the year 2004, as set forth in said Contract, which is available for inspection at the Office of the Township Clerk.

2. This Contract is awarded without competitive bidding as a “professional service” under the provisions of the Local Public Contract Law, inasmuch as said Agreement is for services to be performed by persons authorized by law to practice a recognized profession which is not susceptible to competitive bidding and is of a qualitative nature.

3. A notice regarding the award of the Contract shall be published in the Cranbury Press within ten (10) days after passage of same if the Contract will exceed the bid limit.

CERTIFICATION

I, Kathleen R. Cunningham, Clerk of the Township of Cranbury, hereby certify that the above is a true copy of a Resolution, adopted by the Township Committee of the Township of Cranbury on April 26, 2004.

__________________________

Kathleen R. Cunningham, Clerk

Cranbury Township Resolution # R 04-04-081

WHEREAS, there is a need for municipal auditing services for the Township of Cranbury on an ongoing basis, and

WHEREAS, John J. Maley, Jr., C.P.A., accounting offices has submitted a proposed contract for providing these services at rates noted in the attached document, and

WHEREAS, funds are available for this purpose, and

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Cranbury that the:

Cranbury Township Resolution # R 04-04-081

(Continued)

1. Mayor and Clerk of the Township of Cranbury are hereby authorized and directed to execute the attached Agreement with John J. Maley, Jr., C.P.A. auditing offices for the year 2004, as set forth in said Contract, which is available for inspection at the Office of the Township Clerk.

3. A notice regarding the award of the Contract shall be published in the Cranbury Press within ten (10) days after passage of same if the Contract will exceed the bid limit.

CERTIFICATION

__________________________

Kathleen R. Cunningham, Clerk

Cranbury Township Resolution # R 04-04-082

RESOLUTION OF THE TOWNSHIP OF CRANBURY, NJ

A RESOLUTION AUTHORIZING THE RELEASE OF TOLL BROS WINTERIZATION ESCROW

WHEREAS, Toll Brothers has deposited with Cranbury Township a $1,000.00 escrow deposit each for the following Block and Lots:

Block 23 Lot 108.10 $1,000.00

Block 23 Lot 108.12 $1,000.00

Block 23 Lot 108.14 $1,000.00

$3,000.00

WHEREAS, Toll Brothers has requested the release of said deposit.

WHEREAS, Hatch, Mott, MacDonald, Township Engineers, has authorized the release of the said deposit,

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Cranbury authorizes the release of the above escrow deposit.

BE IT FURTHER RESOLVED that a copy of this Resolution, certified by the Township Clerk to be a true copy and forwarded to each of the following:

(a) Township Attorney

(b) Township Chief Financial Officer

(d) Township Engineer

I do hereby certify that the foregoing is a true copy of a Resolution passed by the Township of Cranbury at a meeting duly held on April 26, 2004.

_____________________________

Kathleen R. Cunningham, Clerk

Cranbury Township Resolution # R 04-040-083

CRANBURY TOWNSHIP RESOLUTION

RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE MUNICIPAL BUDGET OF THE TOWNSHIP OF CRANBURY PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948)

WHEREAS, N.J.S.A. 40A: 4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any County or Municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and

WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount,

Section 1

NOW, THEREFORE, BE IT RESOLVED that the Township Committee hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2004 in the sum of $5,621.90 which item is now available as a revenue from Clean Communities Grant pursuant to the provision of statute, and

Section 2

BE IT FURTHER RESOLVED that a like sum of $5,621.90 be and the same is hereby appropriated under the caption Clean Communities Grant and

Section 3

BE IT FURTHER RESOLVED that a copy of the Resolution, certified by the Township Clerk to be a true copy, be forwarded to each of the following:

(a) Director of the Division of Local Government Services

(b) Township Auditor

CERTIFICATION

I, Kathleen R. Cunningham, Clerk of the Township of Cranbury, NJ, hereby certify that the above is a true of a Resolution adopted by the Township Committee of the Township of Cranbury at a regular meeting held on April 26, 2004.

_________________________________

Kathleen R Cunningham, Township Clerk

Cranbury Township Resolution # R 04-04-084

WHEREAS, Jo-Ann Powell has served the Township of Cranbury for more than a decade, first as Welfare Director and then as Social Services Director, and

Cranbury Township Resolution # R 04-04-084

(Continued)

WHEREAS, Jo-Ann Powell has demonstrated extraordinary proficiency in administering the General Assistance program for the people of Cranbury, and

WHEREAS, Jo-Ann Powell has demonstrated exceptional concern for all residents of Cranbury and senior citizens and needy residents in particular, giving compassion, understanding and professional support to each individual she has worked with, and

WHEREAS, Jo-Ann Powell has given many hours of her time, expertise and devotion to Cranbury residents, and

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Cranbury that Jo-Ann Powell be commended and thanked for her ten years of outstanding service and dedication to the Township of Cranbury, and

BE IT FURTHER RESOLVED, that Jo-Ann Powell be given a certified copy of this Resolution.

CERTIFICATION

I, Kathleen R. Cunningham, Clerk, do hereby certify that this is a true copy of a Resolution which was adopted by the Township Committee on April 26, 2004.

_________________________

Kathleen R. Cunningham, Clerk

Cranbury Township Resolution # R 04-04-086

A RESOLUTION AWARDING CONTRACT NO. 28 FOR THE CRANBURY NECK ROAD SIDEWALK CONSTRUCTION

WHEREAS, pursuant to a duly advertised notice to bidders, eight (8) bids were received for completion of the Cranbury Neck Road Sidewalk Construction Project on April 21, 2004; and

WHEREAS, the apparent low bidder is Berto Construction, Inc., located in Rahway, New Jersey, with a bid for $79,473.75; and

WHEREAS, the Township Engineer recommends that the contract be awarded to Berto Construction, Inc. as the lowest responsible and responsive bidder; and

WHEREAS, the Chief Financial Officer has certified that there are sufficient funds available for this contract,

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Cranbury as follows:

1. The contract for the Cranbury Neck Road Sidewalk Construction Project be and hereby is awarded to Berto Construction, Inc. of Rahway, New Jersey, subject to approval by the New Jersey Department of Transportation, in the amount of $79,473.75 as the lowest responsible and responsive bidder.

2. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Berto Construction, Inc. consistent herewith.

Cranbury Township Resolution # R 04-04-086

(Continued)

CERTIFICATION

I, Kathleen R. Cunningham, Clerk of the Township of Cranbury, do hereby certify that the foregoing resolution is a true copy of a Resolution passed by the Township of Cranbury at a meeting duly held on April 26, 2004.

__________________________

Kathleen R. Cunningham, Clerk

Cranbury Township Resolution # R 04-04-087

Township of Cranbury

County of Middlesex, New Jersey

A RESOLUTION AWARDING CONTRACT NO. 26 FOR VILLAGE SIDEWALK IMPROVEMENTS.

WHEREAS, pursuant to a duly advertised notice to bidders, eight (8) bids were received for completion of the Village Sidewalk Improvements on April 21, 2004; and

WHEREAS, the apparent low bidder is Diamond Construction, located in Dunellen, New Jersey, with a bid for $130,362.75; and

WHEREAS, the Township Engineer recommends that the contract be awarded to Diamond Construction as the lowest responsible and responsive bidder; and

WHEREAS, the Chief Financial Officer has certified that there are sufficient funds available for this contract.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Cranbury as follows:

1. This contract for the Village Sidewalk Improvements be and hereby is awarded to Diamond Construction, located in Dunellen, New Jersey, in the amount of $130,362.75 as the lowest responsible and responsive bidder.

2. The Mayor and Clerk are hereby authorized and directed to execute an agreement with Diamond Construction consistent herewith.

CERTIFICATION

________________________

Kathleen R. Cunningham, Clerk

Work Session

a. Temporary Easement (Susan and Peter Mavoides)

Susan and Peter Mavoides of 10 South Main Street request the Township Committee grant a temporary construction easement in support of their house renovation. Easement would be from township sewer pump station access road. The

Work Session (Continued)

a. Temporary Easement (Susan an Peter Mavoides) (cont’d)

Township Committee discussed the easement and Ms. Marcelli, Township Engineer, requested to be able to meet with the contractor. Ms. Marcelli also recommended to the

Township Committee that the contractor post bonds and sign an agreement with the Township. Ms. Stave indicated that she had spoken with the Mavoides’ neighbors and they are in support of the easement. Mr. Robert Allen, representing The Cranbury Fire Company, indicated that the Fire Company did not have any objections. Ms. Waterbury, Township Attorney, will prepare an agreement and bring it back to the Township Committee for their review.

b. Amendment to Planning Incentive Grant

Cranbury Township applied for a Green Acres Planning Incentive Grant on 15 January 2002 to purchase of the Updike and Fisher Farms as open space and possible use for recreation purposes (active or passive). The current grant application can be amended by submitting additional properties for possible future preservation.

Note: This item was tabled until the next meeting on May 3, 2004.

c. Township Committee Goals and Subcommittees

The Township Committee discussed goals and priorities for 2004 and assigned individuals to specific tasks. The Township Committee will go over the goals and tasks at the next meeting on May 3, 2004.

Ms. Beauregard did not participate in the following discussion:

d. Sale of Wright and Barclay Properties

Township Committee reviewed the draft bid documents to be used in the marketing and selling of the Barclay (North and South) and Wright (North and South) properties along with the options available for the preservation of the existing farmhouse located as part of the Barclay South. Ms. Stave reported that she had reviewed the documents, along with Mr. Carr and Mayor Stannard and recommended that the Township should maintain ownership of the one 25 acre parcel on the Wright property. A tentative auction date of October 7, 2004 was chosen and a minimum deposit of $25,000 for the Wright parcel and $50,000 for the Barclay parcel was recommended with bidding for both in increments of $5,000.00. Using the SADC website and their mailing lists was also mentioned and using good marketing strategy was strongly recommended.

Public Comment

The Mayor opened the meeting to public questions and comments on those items not on the agenda. Ms. Connie Bauder, Petty Road, mentioned that there is no speed limit sign on the new Old Cranbury Road at the new Four Seasons Development. Ms. Marcelli, Township Engineer will check on this and report back to the Township Committee. There being no further comments, the Mayor closed the public part of the meeting.

Resolution

On motion offered by Ms. Stave, seconded by Mr. Mayes, the following resolution was adopted by vote:

Ayes: (Beauregard

(Mayes Absent: (None

(Panconi

(Stannard Abstain: (None

(Stave

Nays: None

Cranbury Township Resolution # R 04-04-078

Township of Cranbury

County of Middlesex

RESOLUTION TO CLOSE MEETING TO THE PUBLIC

BE IT RESOLVED by the Township Committee of the Township of Cranbury, Middlesex County, New Jersey as follows:

The Township Committee will now convene in a closed session that will be limited only to consideration of items with respect to which the public may be excluded pursuant to Section 7B of the Open Public Meetings Act, P.L. 1975, c. 231.

1. The general nature of the subject to be discussed in this session is as follows:

----Closed Session Committee Minutes of April 19, 2004.

----Litigation—Township of Cranbury vs. D.C. McBride

2. It is unknown at this time precisely when the matters discussed in this session will be disclosed to the public. Matters involving contract negotiations or the acquisition of land will be disclosed upon conclusion of the negotiations or upon approval of the acquisition. Matters involving personnel will be disclosed when the need for confidentiality no longer exists. Matters concerning litigation will be announced upon the conclusion of trial or settlement of that litigation or when the need for confidentiality no longer exists.

Date: April 26, 2004

On motion by Ms. Stave, seconded by Mr. Panconi and unanimously carried, the meeting returned to Open Session:

Ayes: (Beauregard Absent: (None

(Mayes Abstain: (None

(Panconi

(Stannard

(Stave

Nays: (None

On motion by Ms. Stave, seconded by Mr. Mayes and unanimously carried, the Closed Session Minutes of April 19, 2004 were adopted.

On motion by Mr. Panconi, seconded by Ms. Beauregard and unanimously carried, the meeting adjourned at 10:50 p.m.

_________________________

Kathleen R. Cunningham, Clerk