TOWNSHIP COMMITTEE MEETING
The regular meeting of the Township
Committee of the
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
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
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
On motion by
Agenda Additions/Changes
A
Resolution was added to the Agenda.
Ordinance
Second
A motion to
enter an Ordinance entitled, “Cranbury Township Ordinance #
, A BOND
ORDINANCE PROVIDING FOR SIDEWALK IMPROVEMENTS IN AND BY THE TOWNSHIP OF
CRANBURY, IN THE COUNTY OF MIDDLESEX, NEW JERSEY, APROPRIATING $192,000
THEREFORE, AUTHORIZING THE ISSUANCE OF $182,800 BONDS OR NOTES OF THE TOWNSHIP
FOR FINANCING PART OF THE COST THEREOF AND DIRECTING THE SPECIAL ASSESSMENT OF
THE COST THEREOF”, 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. Several
members of the audience spoke against the method used for determining what
particular sidewalks need to be replaced.
Questions were raised by members of the audience if any grant monies
were applied for with the County to possibly offset the costs. The residents were urged by the Township Committee
to contact
(Continued)
again and
assess the sidewalk. Also discussed were
trees being planted by the Township in past years and now causing sidewalks to
“heave”. Since the Shade Tree Commission
has no records
of where
and when trees were planted throughout the years, a recommendation was made for the Shade Tree
Commission to maintain a list of all trees they have planted throughout the
town. No one present wished to speak, so
the hearing was declared closed. Since
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 is hereby authorized to be undertaken by the
Section
2. In order to finance the cost of
the improvement or purpose not covered by application of the down payment,
negotiable bonds are hereby authorized to be issued in the principal amount of
$182,800 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 hereby authorized and the purpose for the
financing of which the bonds are to be issued is to fund Emergency
Appropriation Resolution # 05-04-097, adopted by the Township Committee on May
3, 2004 which is for the improvements to Village sidewalks, 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 as stated in Section 2
hereof.
(c) The estimated cost of the improvement or
purpose is equal to the amount of the appropriation herein made therefor.
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 improvement described in
Section 3 of this ordinance shall be undertaken as a sidewalk improvement and
the cost thereof shall be assessed in the following manner. An accurate account of the cost of
construction of the sidewalks shall be kept, and such cost shall be assessed
upon the several properties fronting on the improvement in proportion to their
respective frontage thereon pursuant to and in accordance with N.J.S.A. 40:65-1
et seq.
(Continued)
Section
6. Unless notice of the pendency
of this ordinance is given in accordance
with N.J.S.A. 40:65-6, the Township
Clerk shall cause Notice of the proposed sidewalk improvement to be given to
the owner or owners of real estate affected thereby prior to the making of the
sidewalk improvement described in Section 3 hereof or the awarding of any contract
for such sidewalk improvement. The
Notice shall contain a description of the property affected sufficient to
identify it, a description of the improvement and a statement that unless the
owner or owners complete the improvement within 30 days after service thereof,
the Township will make the improvement at the expense of the owner or
owners. Such Notice shall be served in
accordance with the provisions of N.J.S.A. 40:65-2 to N.J.S.A. 40:65-5, and the
proof of service shall be filed with the officer of the Township in charge of
the records of tax liens of the Township within ten days after service thereof.
Section
7. The owner of any land upon
which any assessment for the local improvement shall have been made may pay
such assessment in the number of equal yearly installments herein determined,
with legal interest on the unpaid balance of the assessment. The first of the installments shall be due
and payable two months after the confirmation of the assessment, and each
subsequent annual installment and interest shall be payable in each successive
year thereafter at such time as the governing body shall by resolution
determine, provided that any owner of land so assessed shall have the privilege
of paying the whole of any assessment or of any balance of installments with
accrued interest thereon at any time.
Whenever any such installment shall remain unpaid for thirty (30) days
from and after the time it shall become due and payable, the whole assessment or
balance thereof shall become and be immediately due and payable and shall draw
interest at the rate imposed upon the arrearage of taxes in the Township and
shall be collected in the same manner as provided by law for other past-due
assessments. Such assessment shall
remain a lien upon the land described herein until the assessment with all
installments and accrued interest thereon shall be paid and satisfied. Notwithstanding anything herein to the
contrary, the Township shall have the right to waive default as may be
permitted by law.
Section
8. 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 local improvement, the
cost of which shall be specially assessed in the manner provided herein.
(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 10 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
(d) An
aggregate amount not exceeding $30,000 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 improvement or purpose.
(e) The
number of annual installments within which the special assessments are to be
levied on the lots and parcels of real estate affected by the improvement is
10.
(f) The
Township will not contribute to the payment of any part of the cost of the
improvement.
(g) The
estimated maximum aggregate amount of the special assessments
(Continued)
is $192,000.
Section
9. The capital budget 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
10. 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 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
11. 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
12. 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 13. This bond ordinance shall take effect 20 days after the first
publication thereof after final adoption, as provided by the Local Bond Law.
Resolution
On motion offered by
Ayes: (
(Panconi Absent: (Mayes
(Stannard
(Stave Abstain: (None
Nays: None
WHEREAS, Marilyn Green, more
familiarly known as Lyn Green, will be leaving Cranbury after over twenty years
as a resident and dynamic participant in Cranbury community life, and
WHEREAS,
(Continued)
WHEREAS,
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the Township of Cranbury that Lyn Green be commended
and thanked for her years of service and dedication to Cranbury and the
Historical and Preservation Society of Cranbury, and
BE IT FURTHER RESOLVED, that
CERTIFICATION
I,
_________________________
Resolutions
Consent
On motion
offered by
Ayes: (
(Panconi Absent: (Mayes
(Stannard
(Stave Abstain: (None
Nays: None
A
RESOLUTION AUTHORIZING THE REDUCTION OF A
PERFORMANCE GUARANTEE FOR FOUR SEASONS AT HISTORIC CRANBURY – PRIVATE
IMPROVEMENTS
WHEREAS, by letter dated April 15, 2004 K Hovnanian
has requested the reduction of their performance guarantee previously posted
with the Township in accordance with Planning Board approval and
WHEREAS, the Township Engineer has, in a letter dated
Performance Bond $ 460,904.47
Cash Deposit $
51,211.61
(Continued)
WHEREAS, the amount that shall be retained
until all bonded items are complete as follows:
Performance Bond $
197,530.49
Cash Deposit $ 21,947.83
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
1, It has reviewed, agrees with and hereby
accepts all recommendations of the Township
Engineer as set forth in “Exhibit A”.
2, It hereby authorizes the reduction of
performance guarantees set forth in the Township
Engineer’s letter referenced above.
3. The Township hereby accepts the public
improvements, if any so designated pursuant
to the Planning Board’s approval.
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 Engineer
(b) Township Chief Financial Officer
(c) K Hovnanian 110 Fieldcrest Avenue CN
7825
(d) Township Attorney
CERTIFICATION
I,
________________________
A
RESOLUTION AUTHORIZING THE REDUCTION OF A
PERFORMANCE GUARANTEE FOR FOUR SEASONS AT HISTORIC CRANBURY – PUBLIC
IMPROVEMENTS
WHEREAS, by letter dated April 15, 2004 K Hovnanian
has requested the reduction of their performance guarantee previously posted
with the Township in accordance with Planning Board approval and
WHEREAS, the Township Engineer has, in a letter dated
Performance Bond $ 2,093,013.00
Cash Deposit $ 232,556.95
WHEREAS, the amount that shall be retained
until all bonded items are complete as follows:
Performance Bond $
897,005.55
Cash Deposit $ 99,667.28
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
(Continued)
1. It has reviewed, agrees with and hereby
accepts all recommendations of the Township Engineer as set
forth in “Exhibit A”.
2. It hereby authorizes the reduction of
performance guarantees set forth in the Township Engineer’s
letter referenced above.
3. The Township hereby accepts the public
improvements, if any so designated pursuant to the Planning
Board’s approval.
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 Engineer
(b) Township Chief Financial Officer
(c) K Hovnanian 110 Fieldcrest Avenue CN
7825
(d) Township Attorney
CERTIFICATION
I,
________________________
WHEREAS,
there is a need for legal services for the
WHEREAS, David
E. Orron, Esquire, Huff, Moran & Orron, 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
1. Mayor and Clerk of the
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.
(Continued)
CERTIFICATION
I,
__________________________
WHEREAS,
there is a need for engineering services for the
WHEREAS,
Cathleen Marcelli, PE, CME, Hatch Mott MacDonald, 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
1. Mayor and Clerk of the
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,
__________________________
A
RESOLUTION AUTHORIZING THE RELEASE OF A MAINTENANCE
(Continued)
WHEREAS, by letter dated April 5, 2004 Rossmoor
Community Association, Inc has requested the release of their Maintenance Bond
previously posted with the Township in accordance with Planning Board approval
and
WHEREAS, the Township Engineer has, in a letter dated
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
1. It has reviewed, agrees with and hereby
accepts all recommendations of the Township Engineer as set
forth in “Exhibit A”.
2. It hereby authorizes the release of
performance guarantees set forth in the Township Engineer’s
letter referenced above.
3. The Township hereby accepts the public
improvements, if any so designated pursuant to the Planning
Board’s approval.
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 Engineer
(b) Township Chief Financial Officer
(c) Rossmoor Community Association, Inc
(d) Township Attorney
CERTIFICATION
I,
_________________________
Work
Session
a. Police Station Update
b. Taping
of Township Committee Meetings
The
Township Clerk had requested that the Township Committee discuss destroying
the tapes from the meetings which are presently being stored in her fire
proof safe, since January 2003. The
Committee requested that the tapes still be kept and will review the list
again in January 2005.
c.
Township
Committee will review draft bid documents to be used in the marketing
and selling of the
This item was tabled until the meeting of
Public Comment
The Mayor opened the meeting to
public questions and comments on those items not on the agenda.
Resolution
On motion offered by
Ayes: (
(Panconi Absent: (Mayes
(Stannard
(Stave Abstain: (None
Nays: None
RESOLUTION TO CLOSE MEETING TO THE
PUBLIC
BE IT RESOLVED by the Township
Committee of the
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
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
Date:
On motion
by
Ayes: (
(Panconi Abstain:
(None
(Stannard
(Stave
Nays: (None
On motion
by
On motion
by
_________________________