TOWNSHIP COMMITTEE MEETING

AUGUST 15, 2005

 

 

The regular meeting of the Township Committee of the Township of Cranbury was held at 7:00 p.m. in the Town Hall Meeting Room.  Answering present to the roll call was: Township Committee members:  Richard Stannard, David J. Stout, Pari Stave and Mayor Beauregard. Mr. Panconi was absent. Also present was: Trishka Waterbury, Esquire, Attorney, Cathleen Marcelli, Engineer, Thomas C. Witt, Acting Administrator and Kathleen R. Cunningham, Clerk.  Mayor Beauregard 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 6, 2004 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 6, 2004.

 

(3)                 Was filed on December 6, 2004 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.

 

Committee Minutes of July 25, 2005.

            On motion by Mr. Stannard, seconded by Mr. Stout, with Ms. Stave abstaining, the minutes of July 25, 2005 were adopted.

 

Reports and Communications

--Mayor

   Mayor Beauregard reported she had performed a wedding over the weekend at the home of Mr.  Tom Witt.

 

                   --Members of Committee

Mr. Stout reported on August 17th he would be attending a Green Acres’ seminar. 

 

                  --Subcommittees

Mr. Stannard reported the Personnel subcommittee had a brief meeting and discussed the process for hiring an Administrator and planned to advertise in the Trenton Times and Star Ledger shortly.  Mr. Stannard indicated, once the responses to the ads come in, interviews would be conducted. 

 

Mayor Beauregard announced she was switching the order of the Agenda and placing “ Agenda Additions/Changes before the Closed Session Resolution.

 

Agenda Additions/Changes

Ms. Cunningham, Clerk, announced under Closed Session, an item was added, “COAH-3rd Round   Potential Sites, Adding a Consent Resolution, 08-05-164 and deleting Resolution # 08-05-161.

 

 

 

 

 

Resolution

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

 

            Ayes:    (Beauregard

(Stannard                                  Absent:  (Panconi

                        (Stave                                                                          

                        (Stout                                       Abstain:  (None

                                   

            Nays:    None

 

Cranbury Township Resolution # R 08-05-156

 

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

 

1.         --Land Acquisition:  Reinhardt, Block 24, Lot 4;

 

2.         -- Review of Closed Session Minutes of July 25, 2005.

 

            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:  August 15, 2005

 

On motion by Mr. Stout, seconded by Mr. Stannard and unanimously carried, the meeting returned to Open Session:

 

Ayes:                (Beauregard                               Absent:  (Panconi

                        (Stannard

                        (Stave

                        (Stout

                                                                        Abstain: (None

                       

Nays:                (None

 

                                   

Ordinances

     First Reading

 

 

 

Cranbury Township Ordinance # 08-05-18

 

An Ordinance entitled, “Cranbury Township Ordinance # 08-05-18, AN 0RDINANCE OF THE TOWNSHIP OF CRANBURY, IN MIDDLESEX COUNTY, NEW JERSEY, AMENDING CHAPTERS 60 (“BOATS”), 103 (“NOISE”) AND 110 (“PEACE AND GOOD ORDER”), was introduced for first reading.  On motion by Ms. Stave, seconded by Mr. Stannard, the Ordinance was passed on first reading by vote:

 

            Ayes:    (Beauregard                               Absent:  (Panconi

                        (Stannard

                        (Stave

                        (Stout

                                                                        Abstain: (None

                       

Nays:                (None

 

                                                            Public Hearing:  August 29, 2005

 

TOWNSHIP OF CRANBURY

COUNTY OF MIDDLESEX, STATE OF NEW JERSEY

 

            WHEREAS, the Township is in the process of updating the entire Code of the Township of Cranbury (“Code”); and

 

WHEREAS, it has been determined that in the interest of allowing reasonable review time for the Township Committee and the public, and expediting adoption of necessary revisions, groups of Chapters will be amended in a series of Ordinances, followed by adoption of the entire Code in book format; and

 

WHEREAS, at this time Chapters 60, 103 and 110 of the Code, entitled “Boats”, "Noise" and “Peace and Good Order", should be revised to ensure their continued consistency with State and local law;

 

NOW THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Cranbury, Middlesex County, New Jersey, that the “Code of the Township of Cranbury” (“Code”) be amended as follows:

 

            1.         Chapter 60 of the Code, entitled “Boats,” shall be repealed and replaced in its entirety by a new Chapter 60 to read as follows:

 

Chapter 60

BRAINERD LAKE, PUBLIC USE OF

 

ARTICLE I

General Restrictions

 

§ 60-1.    Restrictions on public use of Brainerd Lake.

 

The provision of this Chapter shall generally govern the public’s use of Brainerd Lake and any of its tributaries within the Township.  In addition, any rules concerning the use of

Brainerd Lake that may presently exist or hereafter be adopted by the Recreation Commission in accordance with Chapter 36 of this Code shall also apply to the public’s use of Brainerd Lake.

 

 

Cranbury Township Ordinance # 08-05-18

(Continued)

 

§ 60-2.    General Exception.

 

Notwithstanding any other prohibition contained herein, nothing in this Chapter shall apply to any police, fire or other emergency services personnel acting within the scope of their duties.

 

§ 60-3.  Risk of injury.

 

All activities conducted in, on or upon the waters or ice of the Lake shall be entirely at the participants’ own risk.

 

            § 60-4.    Violations and penalties.

 

For any violation of this Chapter, the violator shall be subject to such fines and other penalties as are provided for in Chapter 1, Section 1-15 of this Code, entitled “General penalty; continuing violations.”

 

ARTICLE II

Operation on Brainerd Lake

 

§ 60-5.    Motor- and powerboats prohibited.

 

No person shall operate or cause to be operated any motor- or powerboat, whether inboard or outboard, upon Brainerd Lake or any of its tributaries within the Township of Cranbury.

 

§ 60-6.  Exceptions.

 

Notwithstanding the above-mentioned provisions, a special temporary permit may be issued by the Cranbury Township Committee for the operation of a motor- or powerboat upon Brainerd Lake when and if the same shall become necessary for purposes of cleaning, dredging or similar purposes necessary or incident to the proper care and maintenance of the same.

 

ARTICLE III

Winter Use of Brainerd Lake

 

§ 60-7.  Restrictions.

 

No person shall go or be upon the ice on Brainerd Lake except at such times as a green township flag shall be suspended from a pole at Main Street, on the west end of the lake.

 

§ 60-8.  Raising of flag and operation of Lake lights.

 

The flag shall be raised or lowered and the lake lights shall be turned on or off only by a person authorized by the Township Committee or the Township Administrator.

 

§ 60-9.  Other actions prohibited.

 

 

Cranbury Township Ordinance  08-05-18

(Continued)

 

A.         No person shall throw or otherwise propel sticks, stones or other objects onto the ice on Brainerd Lake; however, nothing in this section shall serve to prohibit the propelling of ice hockey pucks or similar sporting or gaming equipment when properly utilized in connection with recreational use of the Lake.

 

B.         No person shall conduct any activity that intentionally damages, punctures or otherwise makes the ice unsafe.

 

§ 60-10.  Exceptions.

 

Notwithstanding the above-mentioned provisions, nothing in this Article shall apply to any person authorized by the Township Committee or the Township Administrator to be upon the ice for purposes of care, cleaning, testing or maintenance of the ice, Lake or surrounding shore.

2.         Chapter 103 of the Code, entitled "Noise", shall be renamed and renumbered as Chapter 78, "Engine Braking".

 

3.         Chapter 110 of the Code, entitled Peace and Good Order", shall be deleted in its entirety and replaced with a new Chapter 110, to read as follows:

 

Chapter 110

PEACE AND GOOD ORDER

 

ARTICLE I

Restrictions on Conduct

 

' 110-1.  Certain conduct prohibited.

 

No person shall, within the limits of the Township of Cranbury:

 

A.         Operate or use any sound-producing instrument, motor, equipment, device or apparatus or permit, make or continue any unnecessary noise at such loud volume or at such unreasonable hours as to disturb, annoy, injure or endanger the comfort, health, peace or safety of others within the Township in violation of Part III, Chapter 160 of this Code. 

 

                        B.         Cause or permit to be emitted any vile, offensive, obnoxious or nauseating smoke or odor or any other smoke or odor as to disturb, annoy, injure or endanger the comfort, health, peace or safety of others within the Township  in violation of Part III, Chapter 160 of this Code.

 

                        C.         Cause or permit to be emitted any smoke, fumes, gases, vapors, steam or other substances of a nature or of such quantity as to be injurious to life, health, plants, trees, produce of the soil, buildings or other property.

 

                        D.         Maliciously tamper with, alter or plug up any culvert, drain, drainage ditch, storm sewer, manhole or catch basin.

 

 

Cranbury Township Ordinance  08-05-18

(Continued)

 

                        E.         Post, attach or affix any posters, handbills, signs or announcements to public property without the prior written consent of the Township Committee or Township Administrator.


 

' 110-2.  Prohibition on skateboarding and skating.

 

A.         No person shall use, operate, ride upon or otherwise engage in skateboarding, roller skating, in-line skating or other similar skating activity on any public property within the Township in a careless, reckless or negligent manner so as to endanger, damage, or be likely to endanger or damage, the safety or property of another person.

 

B.         In addition to any other penalty or fine which may be imposed for a violation of this Section, the Cranbury Township Police Department may confiscate and hold any skateboard used, operated, or ridden upon in violation of this Section for a period of three days after which it may be returned to the violator, or if the violator is under the age of 18 years, to the violator accompanied by the violator's parent or guardian.  Upon a second offense, the same provision shall be applied, but said skateboard shall not be returned for a period of thirty (30) days.  Any subsequent offense shall mean permanent confiscation of said skateboard by the Township of Cranbury.

 

Any such skateboard confiscated under the terms of this Section which is not claimed for a period of six months may be sold at public auction pursuant to the provisions of N.J.S.A. 40A:14-157.

 

' 110-3.  Prohibition on motorized recreational vehicles.

 


A.         It shall be unlawful to operate any type of unlicensed motorized vehicle or conveyance, including, but not limited to:  snowmobiles; two, three and four-wheel vehicles commonly referred to as motorized scooters, mopeds, mini-bikes, motorized bicycles, pocket bikes, trail-bikes, and all terrain vehicles; go-carts; motorized skateboards; dune buggies; or any other similar recreational vehicle in the Township under the following circumstances:

(1)        On the private property of another without the express consent of the owner or occupant of said property.

 

                        (2)        On any public ground or property, including but not limited to any public street, road, highway, alley, sidewalk, park, playground, parking facility, or parking lot.

 

                        (3)        In such manner as to create loud, unnecessary or unusual noise as set forth in Sub-section 110-1A above.

 

                        (4)        In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any other person.

 

 

 

Cranbury Township Ordinance  08-05-18

(Continued)

 

B.         Each motorized vehicle operated under this Section shall at all times be equipped with a muffler, in good working order and no person shall install a muffler cut-out, by-pass, echo chamber, tuned exhaust system or similar device.

 

C.         Any person operating a motorized vehicle under this Section who is under the age of 18 years shall wear a properly fitted and fastened approved safety helmet.

 

D.         The Cranbury Township Police Department is hereby authorized to confiscate and impound any motorized vehicle which is allegedly operated in violation of the terms of this Section until such time as the matter can be adjudicated.  The owner shall pay the reasonable costs of the removal and storage which may result from such removal, before regaining possession of the vehicle. 

 

Any such vehicle impounded under the terms of this Section which is not claimed for a period of six months may be sold at public auction pursuant to the provisions of N.J.S.A. 40A:14-157, N.J.S.A. 39:10A-1 et seq. or other such statutory provision applicable to the type of vehicle impounded.

 

E.         Notwithstanding the above-mentioned provisions, nothing in this Section shall apply to:

 

                        (1)        Any police, fire or other emergency vehicles;

 

                        (2)        "Motorized wheelchairs" as defined by N.J.S.A. 39:1-1 when used by persons with physical disabilities or person whose ambulatory mobility has been impaired by age or illness; or

 

                        (2)        The use of unlicensed motorized vehicles actually used for agricultural, horticultural, farming or construction purposes.

 


' 110-4.  Paintball guns and devices.

 

A.         No person shall discharge or cause to be discharged any paintball gun or similar device in, on or upon any public property, including but not limited to public parks, playgrounds, streets, open space, recreation facilities, sidewalks, or any other public facility.

 

B.         Any discharge of a paintball gun or similar device in, on or upon private property within the Township of Cranbury shall be permissible only in the following circumstances:

 

                        (1)        Where such activity is performed with the consent of the property owner;

 

 

 

 

 

 

 

Cranbury Township Ordinance  08-05-18

(Continued)

 

                        (2)        Where such activity is conducted in such a manner as to ensure that the paintball or similar projectile is confined to the limits of the private property where discharged;

 

                        (3)        Where such activity is not used in such manner as to create loud, unnecessary or unusual noise so as to violate Subsection 110-1A above or any provision of Chapter 160 of this Code; and

 

                        (4)        Where the discharge of a paintball gun or similar device is not conducted in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person.

 

C.         As used in this Section, "paintball gun or similar device" shall mean any gun, pistol, rifle or other device of any description which is designed or intended to expel a projectile containing paint, ink, visible liquid or similar material commonly referred to as a "paintball."

 

D.         Nothing in this Section shall preclude the signing of a criminal complaint for violation of any of the provisions of Title 2C of the Revised Statutes of New Jersey or any other applicable statute of this State.

 

' 110-5.  Fireworks restricted.

 

A.         No person shall possess, discharge or cause to be discharged any fireworks within the Township of Cranbury.

 


B.         Pursuant to N.J.S.A. 21:2-2, the term "fireworks" shall include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation.

 

C.         Notwithstanding the above-mentioned provisions, nothing in this Section shall apply to any persons engaging in the discharge of fireworks at a commemorative, historical or civic event; provided however, that such persons shall have obtained prior thereto a special permit from the Township Committee upon application prescribed by the Township Administrator.  Any such application and permit shall be subject to the requirements of the Uniform Fire Code, N.J.A.C. 5:71-1, et seq., as said Code may from time to time be amended or supplemented.

 

' 110-6.  Prohibitions on hunting.

 

A.         No person shall hunt, shoot, kill or remove any animal, whether by gun or other firearm, by bow and arrow, crossbow, or other weapon, on any lands under the control of or owned by the Township of Cranbury.

 

B.      Notwithstanding the above-mentioned provision, nothing in this Section shall apply to any person authorized by the Township Administrator, Chief of Police, or Township Committee, to hunt, shoot, kill or otherwise remove any animal on

C.       

 

 

Cranbury Township Ordinance 08-05-18

(Continued)

 

D.      Township owned lands for the purpose of the protection of persons or property or in the interests of the public welfare.

 

' 110-7.  Firearms and weapons - discharge prohibited and possession regulated.

 

A.         No person shall discharge any firearm or arrow within the boundaries of the township or across any part of the township, nor shall any person have in his possession a loaded gun or nocked arrow while within four hundred fifty feet of any occupied building, except the owner or lessee of such building or a person specifically authorized in writing by such owner or lessee, or within four hundred fifty feet of any Township-owned property or any school playground.

 


B.         As used in this Section and pursuant to N.J.S.A. 23:4-16(d), "occupied building" shall mean any building constructed or adapted for overnight accommodation of a person, or for operating a business or engaging in an activity therein, whether or not a person is actually present.

 

C.         As used in this Section, "firearm" shall mean any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectile ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances.  It shall also include, without limitation, any firearm which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eights of an inch in diameter, with sufficient force to injure a person.

 

D.         Nothing in this Section shall apply to the following:

 

                        (1)        Law enforcement officers of any governmental agency while in the performance of their duties;

 

                        (2)        Members of any legally recognized military organization while in the performance of their duties;

 

                                    (3)        Privately employed security personnel who are authorized by law to carry firearms, while in the performance of their duties;

 

                        (4)        Persons lawfully using firearms in the protection of person or property;

 

                        (5)        Persons engaged in the discharge of firearms loaded only with blanks at commemorative events or historic pageants; provided, however, that such persons shall have obtained prior thereto a special

 

Cranbury Township Ordinance  08-05-18

(Continued)

 

permit from the Township Committee upon application prescribed by the Township Administrator;

 

                        (6)        Members of government or civilian rifle or pistol clubs duly organized in accordance with the rules prescribed by the National Board for the Promotion of Rifle Practice, in going to or from their several places of target practice and carrying weapons necessary for such practice (provided such firearms are unloaded), and in discharging firearms as part of such practice; provided, that a copy of the charter is filed with the chief of police and that the practice range, if within the township, is approved by the chief of police as complying with nationally recognized standards for such ranges;

 

                        (7)        Persons engaged in skeet or trap shooting on ranges approved by the chief of police as complying with recognized standards for such ranges;

 

                        (8)        Members of nonprofit civic or government-affiliated organizations while engaged in a rifle target shoot sponsored by such organization; provided, that the range for such target shoot shall first be approved by the chief of police as complying with recognized standards and that the location of such range, the type and caliber of the ammunition to be used at such target shoot and the date of such shoot shall first be approved by the chief of police as being reasonably commensurate with the safety of the public and the participants in the shoot; and provided, further that the sponsor of the target shoot shall first file with the chief of police a certificate of an insurance company authorized to do business in the state evidencing that the sponsor and the township are insured against liability for personal injury or death in the sum of at least five hundred thousand dollars and against liability for property damage, arising from the conducting of the target shoot, in the sum of at least twenty-five thousand dollars;

 

                                                (9)        Animal control activities limited to the euthanization of animals which have been fatally injured or trapped.

 

                        (10)       Farmers, or their designees, carrying or discharging firearms in the performance of animal control activities in compliance with state law, on properties which are qualified as "Farmland" under the New Jersey Farmland Assessment Act, N.J.S.A. 54:4-23.1, et seq.; or

 

                        (11)       Persons lawfully hunting upon private property, except on property located within the following areas:  (1) the Village Commercial Zone, or (2) residential zones existing as of the effective date of this article with the exception of that portion of the Residential-Light Impact Zone which abuts Dey Road, and provided that said persons meet the following criteria:

 

            (a)        Have in their possession a valid hunting license or permit as required by State law;

 

Cranbury Township Ordinance 08-05-18

(Continued)

 

            (b)        Have received written permission from the landowner or landowner's agent to hunt said property and have said written permission in the person's possession at the time of hunting;

 

            (c)        Act at all time in compliance with all hunting rules and regulations promulgated by the New Jersey State Division of Fish and Wildlife;

 

            (d)        Agree to hunt from a standing tree or structure as permitted by the New Jersey State Game Code, if requested by the landowner; and

 

            (e)        Agree to park their motor vehicle(s) in areas designated by the landowner.

 

' 110-8.  Open containers of alcoholic beverages in public areas or vehicles prohibited.

 

A.         No person shall consume or possess or offer to another, in any open container, any alcoholic beverage in, on or upon any public place, including but not limited to any public street, road, highway, alley, sidewalk, mall, shopping center, park, playground, parking facility, parking lot or in or on the premises of any public building.

 

B.         No person shall consume or possess or offer to another, in any open container, any alcoholic beverage in or upon any private vehicle of any type whatsoever, including but not limited to motor vehicles, automobiles, equipment, motorcycles, mopeds, bicycles, campers, and other vehicles defined pursuant to Section 110-3, whether such vehicles are in motion or parked, in any of the public areas as set forth in Subsection A above.

 

C.         As used in this Section, words and phrases shall have the same meanings they have pursuant to Chapter 48 of the Code of the Township of Cranbury.

 

D.         Nothing in this Section shall be construed to prohibit the possession or consumption of alcoholic beverages:

 

                        (1)        Upon one's own private property, except as provided by Article II of this Chapter;

 

                        (2)        Within or upon premises duly licensed for the possession or consumption of alcoholic beverages; or

 

                        (3)        Within or upon a restaurant duly licensed for the consumption of food.

 


Cranbury Township Ordinance 08-05-18

(Continued)

 

E.                  Notwithstanding the provisions of this Section, the Township Committee may, upon prior application as prescribed by the Township Administrator, issue a Special Permit for the distribution, possession and/or consumption of alcoholic beverages in any public place in connection with a recognized function.

 

' 110-9.  Violations and penalties.

 

For any violation of this Article, except as otherwise specifically provided for, the violator shall be subject to such fines and other penalties as are provided for in Chapter 1, Section 1-15 of this Code, entitled "General penalty; continuing violations."  Violations of Chapter 110, Subsections 110-1.A and 110-1.B shall be subject to the fines and other penalties provided for in Chapter 160, Section 160-9 of this Code.

 

ARTICLE II

Prohibition of Underage Drinking on Private Property

 

' 110-10.  Possession, consumption of alcoholic beverages by person under legal age on private property prohibited.

 

Pursuant to the provisions of N.J.S.A. 40:48-1.2 and subject to any exceptions set forth therein, it shall be unlawful for any person who is under the legal age to purchase alcoholic beverages to knowingly possess same without legal authority or knowingly consume any alcoholic beverage on private property.

 

' 110-11.  Violations and penalties.

 

A.         Any person convicted of violating the terms of this Article shall be subject to the following fines:

 

                        (1)        First offense - $250.00.

 

                        (2)        Second or subsequent offenses - $350.00.

 

B.         Additionally, the court may, upon a finding of guilt, in addition to the fine authorized for this offense, suspend or postpone for six (6) months the driving privileges of the defendant. 

 

                        (1)        Upon conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this Section. 

 

                        (2)        If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years. 

 

                       

 

 

Cranbury Township Ordinance  08-05-18

(Continued)

 

                        (3)        If the defendant at the time of the imposition of the sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the Division of Motor Vehicles along with the report.  If for any reason the license cannot be collected, the Court shall include in the report the complete name, address, date of birth, eye color and sex of the person as well as the first and last date of the license suspension period imposed by the court.

 

                        (4)        The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of suspension or postponement, the person shall be subject to the penalties set forth in N.J.S.A. 39:3-40.  The individual shall be required to acknowledge in writing the receipt of the written notice.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of N.J.S.A. 39:3-40.

 

                        (5)        In accordance with N.J.S.A. 40:48-1.2(b), if the person convicted under this Article is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the Division of Motor Vehicles the required report.  The court shall not collect the license of a non-resident person convicted under this Section.  Upon receipt of a report by the court, the Division of Motor Vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

 

ARTICLE III

Detainment of Persons Under the Influence of Alcohol

 

' 110-12.  Detainment and protective custody of persons under the influence of alcohol.

 

Pursuant to N.J.S.A. 40:48-1.3, any person who is arrested for a violation of the provisions of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the person's condition may be monitored until the person is no longer a danger to himself or others.

 

' 110-13.  Length of detainment and release.

 

A.         Any person detained pursuant to this Article shall be released from protective custody when that person is no longer a danger to himself or others. 

 

B.         A person shall be considered no longer a danger to himself or others when that person's blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or

 

 

Cranbury Township Ordinance 08-05-18

(Continued)

 

            narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired.

C.         In no event shall a person be held in protective custody under this Article for a period of longer than eight (8) hours without being provided an appropriate hearing.

 

' 110-14.  Other considerations, alternatives and indemnification of municipality.

 

Notwithstanding the provisions of this Article, the arresting law enforcement agency may, because of the age, health or safety of the arrested person, release said person pursuant to the provisions of N.J.S.A. 39:4-50.22 et seq., or provide an appropriate alternative to protective custody, provided that such action is not a detriment to the public safety.  The Township shall not be subject to liability if a person is released from custody pursuant to the provisions of this Subsection.

 

            4.         This ordinance shall take effect upon notice and publication, as provided for by law.

 

Ordinance

       First Reading

Cranbury Township Ordinance # 08-05-20

 

An Ordinance entitled, “Cranbury Township Ordinance # 08-05-20, AN ORDINANCE OF THE TOWNSHIP OF CRANBURY, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN AMENDED AGREEMENT WITH THE NEW JERSEY BARN COMPANY, INC. FOR THE ACQUISITION AND STORAGE OF THE “HOWARTH”, a/k/a “PARSONAGE”, BARN”, was introduced for first reading.  On motion by Ms. Stave, seconded by Mr. Stannard, the Ordinance was passed on first reading by vote:

 

            Ayes:                (Beauregard                               Absent:  (Panconi

                                    (Stannard

                                    (Stave                                       Abstain:  (None

                                    (Stout              

 

            Nays:                None

                                                            Public Hearing:  August 29, 2005

 

 

TOWNSHIP OF CRANBURY

COUNTY OF MIDDLESEX

                                                                             

WHEREAS, the Township of Cranbury is a municipal corporation of the State of New Jersey, having its principal offices located at 23A North Main Street, Cranbury, New Jersey, 08512 (“Township”); and

 

WHEREAS, the New Jersey Barn Company, Inc. (“NJBC”) is a New Jersey Corporation with its principal place of business in Ringoes, New Jersey; and

 

WHEREAS, the NJBC specializes in saving and refurbishing old barns; and

 

 

 

Cranbury Township Ordinance # 08-05-20

(Continued)

 

WHEREAS, by contract dated September 9, 2003 (“Agreement”), NJBC agreed to dismantle, store, fumigate, repair, refurbish, re-erect and convey a historic barn known as the "Howarth" or "Parsonage" Barn to the Township as Purchaser, for the sum of sixty thousand dollars ($60,000); and

 

WHEREAS, disassembly of the barn was completed on July 13, 2005 and the timbers removed to NJBC’s yard in Ringoes for repair, power-washing and preparation for re-erection pursuant to the Agreement; and

 

WHEREAS, for the reasons set forth in the July 20, 2005 “Explanation of Amended Storage Fees” (“Memorandum”) prepared by NJBC, a copy of which is attached hereto as Exhibit “A” and made a part hereof, NJBC has recommended a change in the storage of the timbers from enclosed or tarped storage to a closed box trailer; and

 

WHEREAS, such a change would increase the costs of storage from $150.00 per month to $225.00 per month due to the necessity of having to rent the box trailer; and

 

WHEREAS, the Township Committee finds that it is in the public interest to accept the recommendations of the NJBC for the reasons set forth in the Memorandum;

 

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

 

            1.         The Mayor and Clerk are hereby authorized and directed to sign the revised Agreement attached hereto as Exhibit B or such other substantially similar agreement as has been reviewed and approved by the Township Attorney.

 

            2.         The new Agreement shall be revised prior to execution to reflect the fact that the Township has already tendered, and NJBC has already received, the amount of $24,000 to be applied towards the total purchase price of $60,000.

 

            3.         The new Agreement shall also be revised prior to execution to reflect a storage fee of $225.00 per month.

 

            4.         This Ordinance shall take effect upon final adoption and publication, as provided for by law.

 

Ordinance

    First Reading

Cranbury Township Ordinance 08-05-21

 

An Ordinance entitled, “Cranbury Township Ordinance # 08-05-21, A BOND ORDINANCE PROVIDING FOR THE WRIGHT SOUTH SOIL REMEDIATION PROJECT IN AND BY THE TOWNSHIP OF CRANBURY, IN THE COUNTY OF MIDDLESEX, NEW JERSEY, APPROPRIATING $157,500 THEREFOR AND AUTHORIZING THE ISSUANCE OF $150,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF”, was introduced for first reading.  On motion by Ms. Stave, seconded by Mr. Stout, the Ordinance was passed on first reading by vote:

 

            Ayes:                (Beauregard                               Absent:  (Panconi

                                    (Stannard

                                    (Stave                                       Abstain:  (None

Cranbury Township Ordinance # 08-05-21

(Continued)

 

(Stout  

 

            Nays:                None

 

                                                Public Hearing:  August 29, 2005

 

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:

 

            1.     The improvement described in Section 3 of this bond ordinance is hereby 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 sum of $157,500, including the sum of $7,500 as the down payment required by the Local Bond Law.  The down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.

 

            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 $150,000 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 hereby authorized and the purpose for the financing of which the bonds are to be issued is for the Wright South soil remediation including all work and materials necessary therefore 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 appreciation herein made thereof.

 

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.

 

           

Cranbury Township Ordinance # 08-05-21

(Continued)       

                                                     

                        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 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 $150,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d)        An aggregate amount not exceeding $31,500 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.

 

            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 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 Mr. Stannard, the following Consent Agenda Resolutions were adopted by vote:

 

            Ayes:                (Beauregard

(Panconi                       Absent:  (Panconi

                                    (Stave

                                    (Stout                           Abstain:  (None

                                   

            Nays:                None

 

Cranbury Township Resolution # R 08-05-157

 

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

****Voucher #’s C 1692 and C 1693 were removed from the “Bills Paid List”.

 

CRANBURY TOWNSHIP RESOLUTION  08-05-158

 

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 2005 in the sum of $207.61 which item is now available as a revenue from the State of New Jersey  pursuant to the provision of statute, and

 

     Section 2

 

     BE IT FURTHER RESOLVED that a like sum of $207.61 be and the same is hereby appropriated under the caption Clean Communities.

 

     Section 3

 

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

 

(a)                 Director of the Division of Local Government Services

(b)                 Township Auditor

(c)                 Township Chief Financial Officer

 

 

 

 

 

 

Cranbury Township Resolution # R 08-05-158

(Continued)

 

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 August 15, 2005

                                                              __________________________________

Kathleen R Cunningham, Township Clerk

 

Cranbury Township Resolution # R 08-05-159

 

RESOLUTION OF THE TOWNSHIP OF CRANBURY

MIDDLESEX COUNTY, NEW JERSEY

 

A RESOLUTION AUTHORIZING THE EXECUTION OF A REGIONAL CONTRIBUTION AGREEMENT BETWEEN

THE TOWNSHIP OF CRANBURY AND THE CITY OF PERTH AMBOY

 

WHEREAS, the Township of Cranbury has a fair share obligation to provide housing opportunities to households of low and moderate income as established by the New Jersey Supreme Court and by the New Jersey Fair Housing Act, N.J.S.A. 52:27d‑301, et seq.; and

           

WHEREAS, the Fair Housing Act provides that municipalities within the same region, as defined by the New Jersey Council on Affordable Housing (COAH), may meet up to 50 percent of that obligation through a regional contribution agreement (RCA), under which the sending municipality makes a cash payment to another municipality, known as the receiving municipality, which undertakes to provide low and moderate income housing which is credited toward the sending municipality's fair share obligation; and

 

WHEREAS, the Township of Cranbury proposes to transfer 80 units of its fair share obligation at a cost of $35,000 per unit for payments totaling $2,800,000 in the form of an RCA as the sending municipality with the City of Perth Amboy, the receiving municipality; and

 

WHEREAS, the Township of Cranbury and the City of Perth Amboy are in the same region as defined by COAH; and

 

WHEREAS, the City of Perth Amboy desires to provide affordable housing for low and moderate income residents of the region, which action will be furthered by funds made available through the RCA; and

 

WHEREAS, the RCA is in the best interests of the Township of Cranbury in helping the Township satisfy its fair share affordable housing obligation. 

 

NOW THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Cranbury, that the Mayor and Clerk of the Township of Cranbury are hereby authorized to execute such documents and exhibits and to undertake or direct any and all such acts as may be necessary to effectuate an RCA between the Township of Cranbury and the City of Perth Amboy.


Cranbury Township Resolution # R 08-05-159

(Continued)

 

 

CERTIFICATION

I, Kathleen R. Cunningham, 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 August 15, 2005.

____________________________

                                              Kathleen R. Cunningham, Clerk

 

Cranbury Township Resolution # R 08-05-162

 

GRANT AGREEMENT

BETWEEN

TOWNSHIP OF CRANBURY

AND

THE STATE OF NEW JERSEY

BY AND FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

GRANT IDENTIFIER:  WQ05-311

GOVERNING BODY RESOLUTION

 

The governing  body of the Township  of Cranbury desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of $6,822.00 to fund stormwater activities as described in the Scope of Services.

 

Therefore, the governing body resolves that Rebecca D. Beauregard or the successor to the office of Mayor is authorized (a) to make application for such a grant, (b) if awarded, to execute a grant agreement with the State and (c) to execute [ ]any amendments thereto [ ] any amendments thereto which do not increase the Grantee’s obligations.

 

The Grantee agrees to comply with all applicable federal, State, and municipal laws, rules, and regulations in its performance pursuant to the agreement.

 

Introduced and passed August 15, 2005

 

Ayes:  Beauregard, Stannard, Stave and Stout

Noes:  NONE

Absent:  Panconi

 

CERTIFICATION

I, Kathleen R. Cunningham, Municipal clerk of the Township of Cranbury certify that this resolution was duly adopted by the Township Committee at a meeting duly held on the 15th day of August, 2005; that this resolution has not been amended or repealed; and that it remains in full force and effect on the date I have subscribed my signature.

                                                __________________________

                                                Kathleen R. Cunningham, Clerk

 

Resolutions

On motion offered by Mr. Stannard, seconded by Mr. Stout, the following resolution was adopted by vote:

 

            Ayes:    (Beauregard

(Stannard                                  Absent:  (Panconi

                        (Stave                                                                          

                        (Stout                                       Abstain:  (None

                                               

           

            Nays:    None

 

CRANBURY TOWNSHIP RESOLUTION # 08-05-160

 

RESOLUTION OF THE TOWNSHIP OF CRANBURY, NEW JERSEY

 

A RESOLUTION AUTHORIZING AN ADDENDUM TO THE LEASE OF TOWNSHIP PROPERTY KNOWN AS “THE BARCLAY FARM”

 

WHEREAS, the Township of Cranbury (“Township”) is the owner of the premises located on the south side of Plainsboro Road at 147 Plainsboro Road and shown as Block 23, Lot 12 on the Cranbury Township Tax Map, and the premises located on the west side of North Main Street at 123 North Main Street and shown as Block 25, Lot 1901 on the Cranbury Township Tax Map, together with any buildings, structures and improvements thereon (collectively, “the Property”); and

           

WHEREAS, on November 21, 2003, the Township entered into a lease agreement (“Lease”) with Danser and Bloom for the above-referenced premises for the purpose of maintaining same as productive farmland until such time as the Township is able to convey the property at auction; and

 

WHEREAS, the term of the Lease runs from January 1 to December 31 in each year that it is in effect; and

 

WHEREAS, the term of the Lease renews automatically unless either party provides written notice to the other party of its intention to terminate the Lease a minimum of sixty days’ prior to December 31; and

 

WHEREAS, the Township previously offered the property for sale on October 7, 2004; and

 

WHEREAS, the successful bidder at the sale defaulted on its obligation to execute a sales agreement and acquire the property; and

 

WHEREAS, said bidder has challenged the manner in which the auction was conducted and seeks to have it invalidated; and

 

WHEREAS, that challenge is presently pending before the Appellate Division of the Superior Court of New Jersey; and

 

WHEREAS, the Township may need re-auction the property, either to mitigate its damages or by court order; and

 

WHEREAS, should it become necessary in the future for the Township to reject the bids it received and re-auction the property, it is anticipated that said auction would take place at the beginning of September 2006.

 

WHEREAS, the Township has been advised that should the property be re-auctioned, it would be in the best interests of the Township and the public that the property be vacated no later than July 1, 2006; and

 

WHEREAS, the Township wishes to amend the above-referenced lease to change the term from an annual term that runs from January 1 to December 31 and renews automatically to a six-month term that will run from January 1 to June 30, 2006, and that will not automatically be renewed;

 

 

Cranbury Township Resolution # R 08-05-160

(Continued)

 

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

 

1.         The Mayor and Clerk are hereby authorized and directed to enter into the “Addendum to Lease Agreement” (“Addendum”) attached hereto as Exhibit A or such other substantially similar Addendum as has been reviewed and approved by the Township Attorney.

 

2.         It is the intent of this Committee that the above-described property be vacant as of July 1, 2006. In the event lessee Danser and Bloom does not wish to amend the term of the Lease as described above and does not wish to enter into the attached Addendum, the Township through its Mayor and/or appropriate staff and officers is hereby authorized and directed to terminate the Lease in accordance with the termination requirements set forth therein.

 

3.         The Township through its Mayor and/or appropriate staff and officers is hereby further authorized and directed to undertake any and all acts and to sign any and all documents as may be necessary to effectuate the terms hereof.

 

 

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 August 15, 2005.

                                                __________________________                                                                                       Kathleen R. Cunningham, Clerk

 

Resolution

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

 

            Ayes:    (Beauregard

(Stannard                                  Absent:  (Panconi

                        (Stave                                                                          

                        (Stout                                       Abstain:  (None

                       

            Nays:    None

 

CRANBURY TOWNSHIP RESOLUTION # R-08-05-163  

 

RESOLUTION OF THE TOWNSHIP OF CRANBURY, NJ

 

A RESOLUTION AUTHORIZING THE SALE BY AUCTION OF RESTRICTED FARMLAND DESIGNATED AS BLOCK 22, LOT 7 ON THE CRANBURY TOWNSHIP TAX MAP AND LOCATED ON ANCIL DAVISON ROAD

 

WHEREAS, by deed dated May 29, 2004 and recorded in the Middlesex County Clerk’s Office on July 3, 2004 in Book 5346 at Page 215 &c., the Township of Cranbury acquired an 88.14-acre parcel located on Ancil Davison Road and designated on the Township’s tax map as Block 22, Lot 7 (the “Property”); and

 

WHEREAS, the Township acquired said property in order to permanently preserve same as deed-restricted farmland; and

 

Cranbury Township Resolution # R 08-05-163

(Continued)

 

WHEREAS, the Township has submitted an application to New Jersey’s State Agriculture Development Committee (“SADC”) Direct Easement Program, pursuant to which the Township intends to convey a development easement to the SADC in order to permanently preserve the property as deed-restricted farmland; and

 

WHEREAS, upon conveyance of the above-referenced development easement to the SADC, the public purpose for which the property was acquired will be fulfilled and the property will no longer be needed for public use; and

 

WHEREAS, the Township therefore wishes to convey to the highest bidder at public auction the residual deed-restricted farmland;

 

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

 

A.         Pursuant to the Local Lands and Buildings Law, N.J.S.A. 40A:12-13(a), the Township of Cranbury through its Mayor, staff and officials is hereby authorized and directed to sell or cause to be sold to the highest bidder at a public sale by auction that 88.14-acre parcel located on Ancil Davison Road and designated on the Township’s tax map as Block 22, Lot 7.

 

B.         The following terms and conditions shall apply to the above-referenced sale:

 

1.       To participate in the auction, all bidders must tender a bank cashier’s or certified check in the amount of twenty thousand dollars ($20,000) prior to the start of the bidding.

 

2.       At the close of bidding, the successful bidder shall be required to execute a sales agreement and tender a deposit for the balance of ten percent  (10%) of the sales price. The sales agreement shall be in such form as has been reviewed and approved by the Township Attorney.

 

3.       The property shall be sold to the highest bidder, except that the Township expressly reserves the right to reject all bids if the highest bid is not accepted. The Township Committee shall accept the highest bid or reject all bids no later than at its second regularly scheduled meeting following the close of the auction.

 

4.       The property shall be sold “AS IS”.

 

5.       No contingencies, including but not limited to obtaining financing to purchase said property and/or obtaining any permits, variances, or other approvals, shall be written into the Sales Agreement.

 

6.       The Sales Agreement shall survive closing and shall not merge with the Deed of conveyance.

 

7.       The property will be sold subject to the following:

 

a.       A pedestrian access and conservation easement located along the stream corridor, as indicated on the plan and survey attached hereto as Exhibit “A”;

 

b.       Any other easements set forth on said survey;

 

 

Cranbury Township Resolution # 08-05-163

(Continued)

 

 

c.       The restrictions set forth in the Deed of Easement attached hereto as Exhibit “B”, or such other substantially similar deed as has been reviewed and approved by the Township Attorney;

 

d.       Any other restrictions, conditions, or easements of record.

 

8.       The property will be sold with one residual dwelling site opportunity, in the location set forth on the above-referenced survey.

 

C.         The auctioneer shall have the right to impose such additional conditions as shall further the purposes hereof, provided same have been reviewed and approved by the Township Attorney.

 

D.         The Township Clerk or her designee shall cause the above-referenced sale to be duly advertised in accordance with the requirements of the Local Lands and Buildings Law, N.J.S.A. 40A:12-13.

 

E.         The Township through its Mayor, staff and officials is hereby authorized and directed to execute any and all documents and undertake any and all acts as shall be necessary and proper to effectuate the terms hereof and to comply with any applicable State or local laws.

 

CERTIFICATION

I, Kathleen R. Cunningham, 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 August 15, 2005.

                                                __________________________

Kathleen R. Cunningham, Clerk

 

Reports from Township staff and professionals

Mr. Witt reported on the Wright South Soil Remediation, indicating the Bid Specs will be ready for distribution on Friday, August 19, 2005 and the awarding of the contract by the Township Committee would be at the second Township Committee Meeting on September 26, 2005.  Mr. Witt also indicated he had been in touch with Ms. Joan Weidner, School Board Representative on the project, who will coordinate with Mr. Witt, sending home notices to the parents of the school children notifying them of the remediation work, namely, when it would start and the project’s duration, etc.  Mr. Witt also reported he had attended, with the Mayor and Township Planner, a meeting with the Middlesex County Open Space Committee meeting on August 8th.  It was proposed to Middlesex County that they acquire the Reinhardt tract on the north side of Plainsboro Road.  The Township was given approval by the Committee and indicated they would forward the request to the Middlesex County Board of Freeholders.  Mr. Witt and others will attend the next meeting of the Freeholder Board once he is informed of when the item would be listed on its Agenda.  Mr. Witt indicated once the Freeholder Board gives its approval, the issue would then go to the Improvement Authority, who will weigh the project along with others.  Mr. Witt reported he had received a letter on August 10, 2005 from the Cranbury Township F.O.P. 68 rank and file members requesting to re-name Police Drive in honor of the Township’s first full-time Police Chief, Kenneth Logan.  Mr. Witt requested the Township Committee grant him the approval to forward the letter on to Ms. Betty Wagner, Township Historian for approval.  The Township Committee members unanimously agreed and granted Mr. Witt his request.

 

                 

Reports from Township Boards and Commissions

   There were no reports.

 

Public Comment

    The Mayor opened the meeting to public questions and comments on those items not on the agenda.   Mr. Michael Mayes, Silvers Lane, commended the Township on its new web site.  Mr. Mayes asked the Township Attorney, Ms. Waterbury, the nature of the changes to the lease agreement for Barclay North and South.  Ms. Waterbury explained it was basically the same lease which had been entered into with Danser and Bloom, however, that lease would automatically renew itself at the end of each year, unless either side cancelled on 60 days notice.  With the auctioneer recommending the house be vacant mid-way through next year, the Township Committee had a choice of whether to terminate the lease or let the lease continue for another year.  The Addendum changes the duration of the lease from a one-year lease with an automatic renewal to a six-month lease in the year 2006.  Ms. Waterbury then explained, adding to that, recognizing that Danser and Bloom would have crops in the ground, the Addendum makes clear that any crops in the ground on June 30th would be allowed to be harvested.  There being no further comments, the Mayor closed the public part of the meeting.

 

      Mayor Beauregard reported her neighbors, Mr. and Mrs. Stahl, called her a few weeks ago about their property taxes and the revaluation.  Mayor Beauregard discussed with them the Senior Property Tax Program, which they were not aware of.  Mayor Beauregard had them call the office of one of the Assembly members.  Mayor Beauregard suggested the more seniors who know about the program, the better.

 

     Ms. Stave mentioned there would be a Township table on Cranbury Day and indicated various information sheets and forms will be made available for residents to pick up.  Ms. Stave asked the Township Committee members to think of any additional items which could be made available on Cranbury Day. 

 

     Mr. Witt spoke concerning Mr. Mel Lehr, who is a Homeowner Association Board Member at KHov.  Mr. Witt indicated he would be meeting with Mr. Lehr to discuss various issues and proposed that he discuss with Mr. Lehr, “seniors helping seniors”, a program for seniors to volunteer their time to help out senior citizens in the Township.  Mayor Beauregard indicated she knew of an individual in the village area who had attended a course at Mercer County on Medicare and how to help out with issues.  Mayor Beauregard suggested Mr. Witt mention the course to Mr. Lehr, as the gentleman is not allowed to help out residents in Middlesex County. 

 

Resolution

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

 

            Ayes:    (Beauregard

(Stannard                                  Absent:  (Panconi

                        (Stave                                                                          

                        (Stout                                       Abstain:  (None

                                   

            Nays:    None

 

Cranbury Township Resolution # R 08-05-156

 

TOWNSHIP OF CRANBURY

COUNTY OF MIDDLESEX

 

RESOLUTION TO CLOSE MEETING TO THE PUBLIC

 

           

Cranbury Township Resolution # R 08-05-156

(Continued)

 

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

 

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

 

1.         --Land Acquisition:  Reinhardt, Block 24, Lot 4;

 

2.         -- Review of Closed Session Minutes of July 25, 2005.

 

            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:  August 15, 2005

 

On motion by Mr. Stannard, seconded by Mr. Stout and unanimously carried, the meeting returned to Open Session:

 

Ayes:                (Beauregard                               Absent:  (Panconi

                        (Stannard

                        (Stave

                        (Stout

                                                                        Abstain: (None

                       

Nays:                (None

 

On motion by Mr. Stout, seconded by Mr. Stannard, with Ms. Stave abstaining, the Closed Session Minutes of July 25, 2005 were adopted and approved for release.

 

On motion by Ms. Stave, seconded by Mr. Stannard and unanimously carried, the meeting adjourned at 8:07 p.m.

                                                __________________________

                                                Kathleen R. Cunningham, Clerk