Township of Franklin, County of Somerset, New Jersey, Was Called to Order by Mayor Levine at 7:08 P.M

12 -81 February 14, 2012 – Work Session/Regular Meeting

The Work Session/Regular Meeting of the Township Council of the Township of Franklin, County of Somerset, New Jersey, was called to order by Mayor Levine at 7:08 p.m.

Mayor Levine called the Work Session/Regular Meeting of the Township Council to order. Mayor Levine stated “In accordance with Section 5 of the Open Public Meeting Act, Chapter 231, Public Law 1975, be advised that adequate notice of this Work Session/Regular Meeting of the Township Council of the Township of Franklin, County of Somerset was made by the posting on the bulletin board at the Municipal Complex and transmitted to the officially designated newspapers, a list of dates, annually, indicating that this Work Session/Regular Meeting would take place at the Franklin Township Municipal Complex at 7:00 p.m. on February 14, 2012. In addition, a copy of this notice is and has been available to the public and is on file in the Office of the Municipal Clerk.”

Everyone present participated in the Pledge of Allegiance and Mayor Levine led the Invocation.

The Township Clerk called the roll.

Present: Mr. Chase, Ms. Francois (arrived at 7:13 p.m.), Mr. Kramer, Mayor Levine, Deputy Mayor Prasad, Mr. Regan, Ms. Sherman, Mr. Vassanella, Mr. Wright

Absent: No One.

Also present: Craig R. Novick, Township Manager, Louis N. Rainone, Township Attorney and Ann Marie McCarthy, Township Clerk.

At this time, the Township Clerk administered the oath of office to Councilman At- Large Brian G. Regan.

COMMENDATIONS/PROCLAMATIONS

Giuseppe “Joey” DiMeglio (300th Anniversary Somerset County Sheriff’s Office Patch Contest Winner)

Mr. Wright, along with Mayor Levine, presented the following commendation:

WHEREAS, the Somerset County Sheriff’s Office was founded in 1711 and celebrated its 300th anniversary; and

WHEREAS, to commemorate the 300th anniversary of the Somerset County Sheriff’s Office, all school children in Somerset County in grades 6 through 12 had the opportunity to participate in the Somerset County Sheriff’s Office 300th Anniversary Patch Contest where they submitted their version of what the special uniform-style patch should look like; and

WHEREAS, Giuseppe “Joey” DiMeglio, a junior at Franklin High School, was the winner of the Somerset County Sheriff’s Office 300th Anniversary Patch Contest and the patch design he submitted will be used on the Sheriff’s Office’s printed materials; and

NOW, THEREFORE, We, Brian D. Levine, Mayor and Councilman Carl Wright of the Township of Franklin, County of Somerset, State of New Jersey, on behalf of the Township Council and the citizens of the Township of Franklin, extend their congratulations and commend Giuseppe “Joey” DiMeglio for his winning design of the Sheriff’s Office 300th Anniversary Patch.

Black History Month

Ms. Francois presented the following proclamation to Percy Sanders:

12-82 February 14, 2012 – Work Session/Regular Meeting

WHEREAS, Black History Month honors and affirms the importance of Black History throughout our American experience; and

WHEREAS, the history of people of African heritage goes back thousands of years and includes some of the greatest, most advanced and innovative societies in the history of human existence; and

WHEREAS, Black History Month is a time for all Americans to reflect on the rich history and teachings of African Americans whose contributions are vast and wide; and

WHEREAS, the many local organizations and many individuals throughout our Township are dedicated to the principle of fostering civic, economic and educational programs throughout the Township of Franklin and are dedicated to encouraging reflection on the rich history and teachings of African Americans and bearing witness to the progress, beauty and achievements they have made throughout our community; and

WHEREAS, it is fitting we set aside a special time to acknowledge this important segment of citizens of our community and their history;

NOW, THEREFORE, I, Brian D. Levine, Mayor of the Township of Franklin, County of Somerset, New Jersey, on behalf of the Franklin Township Council, do hereby proclaim the month of February to be "BLACK HISTORY MONTH" in the Township of Franklin and urge all citizens to join me in celebrating the diversity and character of our community and highlight the importance of sharing our culture, customs and traditions with those around us.

Percy Sanders, Week of the People Chairman, spoke of the difficulties in fund raising for the Week of the People in August. He announced they would be holding a fund raising event, Cultural Explosion on March 9th at the Middle School at 7 p.m. in auditorium. He stated donations are $5 and $3 for students. He stated he has tickets or one can buy them at the door on the night of the event.

Motion – Amend Agenda

A motion was made by Deputy Mayor Kramer to amend the agenda to add a presentation by Andrew Hodulik, Township Financial Consultant regarding the Township’s water rates. Said motion was seconded by Mr. Regan and carried unanimously upon call of the roll.

PRESENTATION OF WATER UTILITY RATES

Mr. Hodulik presented the following:

“During recent Finance Oversight Committee meetings, we have discussed the status of Water Utility finances. Due to rising costs, particularly with respect to the cost of purchased water, along with the goal of maintaining fiscal stability within the Township's Water Utility, it is prudent on behalf of the Governing Body to consider an adjustment to the Township's Water Utility rates. Please note the Township's Water Utility rates have not been adjusted since the year 2002.

The accompanying schedules indicate the following:

• From July 1, 2009 through to June 30, 2011, Water Utility fund balance has decreased from $8,116,705 to $4,514,831; a decrease of $3,601,873 (-44.38%).

• Over the fiscal year's SFY 2009 through to SFY 2011 combined, Water Utility expenditures have exceeded realized revenues (exclusive of fund balance), by $4,922,496.

• In SFY 2003, fund balance as a component of revenue amounted to $887,980 (9.48% of revenues); whereas, in the SFY 2011 Water Utility budget, fund balance as a component 12-83 February 14, 2012 – Work Session/Regular Meeting of revenue was $3,848,628 (27.26% of revenues), an increase of 333.41%.

• The cost to purchase water has increased by $2,763,029 (up 71.86%) from SFY 2003 through to SFY 2011.

These trends indicate the Township's Water Utility rates require adjustment. As noted above, the SFY 2011 budget was balanced by a $3.8M fund balance appropriation (27.26% of total revenues). In order to reverse this trend, it is suggested water rates be increased 10% annually, over the next three years. This initiative would plan to stabilize the Water Utility fiscal operations by the third year of these adjustments. Stabilization would provide for a leveling of the fund balance to the goal of maintaining a $3,500,000 - $4,000,000 balance. Water Utility operations would be reviewed annually to determine if the rate adjustments for the subsequent years (years two and three) are required

Schedule 1

Township of Franklin Somerset County, NJ Water Utility

Actual Actual Actual Actual SFY SFY SFY SFY Fiscal Year 2008 2009 2010 2011

Fund Balance - Close of Previous Year (A) $ 8,224,313 5 7,112,225 5 8,116,705 $ 6,311,730

Fund Balance Utilized (B) $ 3,086,044 5 2,233,923 5 2,523,186 $ 3,848,628

Net Fund Balance After CY Utilization (C) = (A)-(B) $ 5,138.269 5 4,878,302 S 5,593,520 $ 2,463,102

Memo - Budget: Water Revenues (w/o Fund Balance) 5 9,650,030 $ 9,800,000 $ 9,690,000 $ 9,295,000 Water Appropriations $ 12,736,044 $ 12,033,923 $ 12,213,185 $ 13,143,628

Operations: Budget vs. Realized: Excess (Deficit) in Revenues 5 619,541 $ 422,511 $ (392,685) $ 973,196

Direct Debits/Credits to Fund Balance: Misc. Revenues Not Anticipated 102,306 35,473 24,418 30,286 Credits: Unexpended PY Balances 819,682 2,723,086 968,668 831,904 Balance Cancelations 432,428 57,331 143,461 216,343 Other (25.651)

Subtotal (D) 1,973,956 3,238,401 718,211 2,051,730

Fund Balance - Close of Year (C+D) $ 7,112,225 $ 8,116,704 $ 6,311.730 $ 4,514,832

Fund Balance - Difference from Prior Years $ (1,112,087) $ 1,004,478 $ (1,804,973) $ (1,796,899”)

After a brief discussion by the Township Council, it was reported by members of the Financial Oversight Committee that it is their recommendation to increase the rates by 10% for one year at this time.

Motion – Amend Agenda

Ms. Sherman moved to amend the agenda to add the discussion item: Digital Gas Station Signs. Said motion was seconded by Mr. Vassanella and carried unanimously upon call of the roll.

12-84 February 14, 2012 – Work Session/Regular Meeting

MAYOR’S REPORT

Mayor Levine made the following report:

. Welcomed all those attending and TV viewers.

. Explained how the meeting is conducted and announced it is live.

. Reminded all that most of the meetings are public and are generally held on the 2nd and 4th Tuesdays of the month with the exception of July, August and December.

. Reported on the following recent events:

 Council Report was held on Sunday, January 29, 2012 which was basically a strategy session.  Board of Education voted to move their elections from April to November.  Attended the Valentine’s Day Dance at Conerly Road School.  Attended mayor’s Legislative day at the League of Municipalities.

. Spoke about his facebook page and twitter account.

DEPUTY MAYOR’S REPORT

Deputy Mayor Kramer reported on the Board of Education meeting where they discussed changing date of school election and noted on the savings by combining elections. He reported that County Clerk Radi had made efforts to separate ballot. He wished everyone a Happy Valentine’s Day.

2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM

a) Overview of 2011 Program Year

Deborah Mitchell gave a background on program noting the basis for funding and who is eligible for funding. She reported the applications are available to those interested. She provided a brief highlight of activities for 2011. She reported that 2012 has reduced funding by $57,000 – based on annual American survey which has had a significant impact for Franklin – resulting in an allocation $35,176 for public services; $46,902 for public facilities and $105,000 for housing rehabilitation and $46,000 for administration. There was a brief discussion with Council where they requested further information regarding the decrease in funding in 2012 from 2011.

b) Public Hearing

Deputy Mayor Kramer moved to open the meeting for public hearing on the 2012 CDBG Program Year. Said motion was seconded by Ms. Sherman and carried unanimously upon call of the roll.

Mayor Levine stated the meeting is open for public hearing on the 2012 CDBG Program Year. Anyone interested in speaking, please raise your hand and when recognized, give your name and address.

There being no response from the public, Mr. Wright moved to close this public hearing on the 2012 CDBG Program Year. Said motion was seconded by Ms. Sherman and carried unanimously upon call of the roll.

PUBLIC DISCUSSION

Mr. Prasad moved to open the meeting for public discussion. Said motion was seconded by Ms. Sherman and carried unanimously upon voice vote.

12-85 February 14, 2012 – Work Session/Regular Meeting Mayor Levine announced the meeting is open for the public discussion. Anyone interested in speaking to please raise their hand and when recognized, state their name and address.

M. Saba, 146 Emerson Road, thanked Deputy Mayor Kramer for giving those in the public roses. She spoke on recycling concerns and fire hydrant concerns on Emerson Road and asked for a resolution regarding foreclosures.

Liz Nelson, 408 Skillman Lane, thanked Council for receiving all info on fracking she sent by email. She spoke on the new municipal ban on fracking and requested Council to adopt an updated resolution.

Jim Moffat, 201 Sherwood Court, spoke on how water is billed and questioned the minimum charge. He questioned a resident’s review of the budget and the increase 13% in municipal rate and asked if that was a correct number.

There being no comments from the public, Mr. Wright moved to close the public discussion portion of the meeting. The motion was seconded by Mr. Prasad and carried unanimously upon voice vote.

STANDING COMMITTEE REPORTS

Administration

Ms. Sherman reported that most of her report involves Personnel issues that cannot be discussed in public. She spoke of those on Council using laptops and electronic agenda packets. She stated it is admirable and would save money and trees, but noted some will not opt for that. She stated she cannot read off a computer screen as it gives her a headache. She stated she will continue with paper packets and will recycle.

Financial Oversight

Deputy Mayor Kramer reported on Police Staffing and Promotions. He stated the Township has eliminated Captains, there have been layoffs and several retirements. He stated it is important that we maintain a chain of command and noted presently there is only a Chief and two lieutenants. He reported the Chief would be starting the process of promotions for lieutenants, sergeants and Deputy Chief.

Deputy Mayor Kramer reported it is the Committee’s recommendation to change software for document imaging since the current software is not being supported. Salary ordinance adjustments – downward

Deputy Mayor Kramer reported it is the recommendation of the Committee to put out to bid liquor licenses that have been granted to the Township as per the increase in population. The Township Clerk will be putting out to bid one consumption license; one distribution license and one hotel/motel exception consumption license. These are one time monies to be used for capital expenditures.

Mr. Regan reported it is the recommendation of the Committee to hold budget hearings on March 12, March 15 and March 20 (if needed).

Public Safety

Mr. Vassanella reported there is a Public Safety Committee meeting scheduled in two weeks. He referred to the stop and yield intersections ordinance on scheduled for adoption.

12-86 February 14, 2012 – Work Session/Regular Meeting

Land Use, Open Space, Parks & Recreation

Mr. Wright reported that the Recreation Needs Assessment has been their primarily focus for the last several months. He reported there is a Public Hearing scheduled on it on March 6th at 7 p.m. for the public to provide their input.

Public Works

Mr. Chase reported on can see the results from the January 23rd meeting resulting in Resolution No. 12-078 – Awarding Contracts to Engineering Firms and the Ordinance regarding the Convenience Center with a reduction of hours to save money. He reported there will be an ordinance to authorize the road overlay program and the Township would be purchasing a hotbox for patching potholes.

COUNCIL COMMENTS/REPORTS

Mr. Prasad wished everyone a happy valentine’s day. He stated he would welcome and support a resolution opposing fracking. He announced a celebration is being held on February 18th by the Meadows Foundation at the Van Liew House. He spoke of a gardening program and the need to expand and provide produce through the Agriculture Advisory Committee. He spoke of the need to begin working on a 9/11 Memorial including the piece of steel they have received from the World Trade Center.

Mr. Chase spoke on the Central Jersey Transit forum held on January 31st and noted the biggest concern is the Route 1 corridor and the replacement of the Route 27 bridge over Six Mile Run. Also discussed was the NJDOT 511 program and how well the Office of Emergency Management did before, during and after Hurricane Irene. He reported on the Somerset County Planning Board and the identification of priority growth investment areas (PGIAs) and the upcoming public hearings.

Mr. Wright reported on the formation of the 2012 Fourth of July Committee. He stated no public funds will be used on the celebration. He stated there will be the ability to click on a link on the Township’s website to make a donation.

Motion – Amend the Agenda

A motion was made by Mr. Wright to amend the agenda and move the Resolution regarding the Fourth of July Committee to this part of the agenda. Said motion was seconded by Mr. Prasad and carried unanimously upon call of the roll.

Resolution #12-085 Confirming appointment of 2012 4th of July Adhoc Committee and Authorizing said Committee to Raise Funds for 2012 4th of July Celebration

Mayor Levine presented the following resolution:

RESOLUTION CONFIRMING APPOINTMENT OF 2012 4TH OF JULY ADHOC COMMITTEE AND AUTHORIZING SAID COMMITTEE TO RAISE FUNDS FOR 2012 4TH OF JULY CELEBRATION

BE IT RESOLVED by the Mayor and Council of the Township of Franklin, County of Somerset, State of New Jersey that it hereby confirms the appointment of the following members of the 2012 4th of July Adhoc Committee:

Mayor Brian D. Levine Rajiv Prasad, Councilman Carl Wright, Councilman William Grippo

BE IT FURTHER RESOLVED that said Committee is hereby authorized to raise funds for the 2012 4th of July Celebration for the Township of Franklin. 12-87 February 14, 2012 – Work Session/Regular Meeting

The aforesaid resolution was moved by Mr. Wright, seconded by Mr. Prasad and carried as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Levine Prasad Regan Sherman Vassanella Wright

Mr. Wright announced there is a blood drive being held on February 24th at the Municipal Building. All details are on the Township’s website. Mr. Wright spoke on the potential closing of post office on Franklin Boulevard. He stated that he drafted a letter for the public hearing. He voiced his concerns of the need for this posit office with all the new RPM and Leewood building units in the area. He asked each Council person to sign the letter after the meeting in support of keeping it open. Mr. Wright reported on the Housing Authority and gave a quick synopsis of the new senior citizen building which is fully occupied.

Ms. Sherman announced the debut event of the Township’s new Cultural Arts Council, “Conversation With Residents” from 6-9 p.m. on February 29th at the Community/Senior Center. She noted the event will include food and music and to respond to leave a message with her. Ms. Sherman acknowledged the First Aid Squad installations at the Imperia over the weekend and next weekend. Ms. Sherman announced the Township has a new Grant Writer and the importance of the Township applying for and receiving grants to help the community.

Mr. Vassanella spoke of the Franklin home loan program and the information will be on the Township’s website. He spoke on the Hamilton Street Business Community Corporation and the left over monies in the EDIP grant to repair and/or replace all sidewalk issues on Hamilton Street. He spoke on the County’s proposal to reroute bus stops on Hamilton Street.

Mr. Regan spoke of the family emergencies that kept him from the January Township Council meetings. He thanked and commended all the volunteers of the East Franklin Fire Department and the First Aid and Rescue Squad for all their work during his brother’s car accident. He presented a check to the Recreation Department in the amount of $500.00 to be used for substance abuse programs. (This is a portion of his salary as a Councilman to be used as a donation.) He apologized for his comments at the last meeting he attended regarding the Mayor’s mug of the month and the Deputy Mayor’s pet of the month. He reported the Sewerage Authority will be going to a quarterly review of their budget instead of annually. He spoke of the proposed security measures that will be made to the municipal building and recommended all employees wear identification badges. He recognized the top ten firefighter responders for 2011. He expressed his concern and opposition of Township employees using their cell phones while driving Township vehicles. He spoke of the possibility of alternative schools in the Township.

Ms. Francois thanked Ms. Saba for the proposed foreclosure resolution and noted that Central Jersey Housing Resource Center have programs that can help our residents. She asked that the draft budget be put on line.

Deputy Mayor Kramer presented Norman and Joey, cats of the month. He announced the date of the Canal Fest as October 6th. He agreed the budget should be on line. He supported alternative schools and was shocked when the Board of Education turned them down. He was glad they readdressed this matter.

Mayor Levine appreciated Ms. Saba’s concerns. He supported the issue of alternative schools. He thanked Mr. Regan for his apology, noting he was not offended.

12-88 February 14, 2012 – Work Session/Regular Meeting

COUNCIL DISCUSSION ITEMS

Report from Police Chief

Chief Lawrence Roberts provides a brief report regarding the residential burglaries that have been occurring in the Township. He offered residents tips on how to stay safe. He noted that if anyone has questions regarding various Police programs, they can contact Sgt. Rizzo. The Council thanked and commended Chief Roberts on the good work by the Police Department.

Amend Meeting Schedule (Budget Hearings & Public Hearing on Needs Assessment)

A brief discussion ensued and it was the consensus of Council to amend the Council’s meeting schedule to include the following:

Public Hearing on the Recreation Needs Assessment Tuesday, March 6, 2012 Budget Hearing (1) Monday, March 12, 2012 Budget Hearing (2) Thursday, March 15, 2012 Budget Hearing (3) Tuesday, March 20, 2012

Fourth of July Celebration

This matter was discussed and acted upon during Mr. Wright’s “Council Comments.”

Digital Gas Station Signs

A brief discussion ensured amongst Council members and the Township Attorney clarifying the intent of the proposed ordinance was to amend the sign ordinance only in regards to digital gas station signs.

APPROVAL OF MINUTES

Mayor Levine presented the following minutes to be approved: December 13, 2011 Work Session/Regular Meeting; January 3, 2012 Reorganization Meeting; January 10, 2012 Work Session/Regular Meeting; January 24, 2012 Work Session/Regular Meeting and January 29, 2012 Council Retreat. Mayor Levine asked that the Reorganization Meeting minutes be held. Amendments were made to the Council Retreat minutes.

A motion was made by Ms. Sherman, seconded by Mr. Vassanella to approve the following minutes: December 13, 2011 Work Session/Regular Meeting; January 10, 2012 Work Session/Regular Meeting; January 24, 2012 Work Session/Regular Meeting and January 29, 2012 Council Retreat (as amended). Said motion carried as follows upon call of the roll:

Ayes: Chase, Kramer, Levine, Prasad, Sherman, Vassanella Nays: None Abstain: Regan Absent: Francois, Wright

APPROVAL OF WARRANTS

Mayor Levine presented the following warrants in the amount of $2,820,466.37 for February 14, 2012 to the Township Council for payment:

1 Current 1,470,108.02 2 Grant 17,013.31 3 Tax Title Lien 262,377.65 4 General Capital 83,401.26 5 Water 541,837.92 6 Water Capital 7 Water Assessment 11 Recreation Trust 1,055.00 12-89 February 14, 2012 – Work Session/Regular Meeting 12 Trust Others 70,050.47 13 Unemployment 15 Redevelopment 17 Animal Control 19 Self Insurance 9,204.00 20 Affordable Housing 24,551.00 30 Payroll 324,414.48 37 Police Forfeiture 39 Worker’s Comp 40 Open Space 11,788.90 42 Redevelopment Escrow 4,465.00 50 County Imp Auth Fund 199.36 Subtotal 2,820,466.37 Escrow Grand Total 2,820,466.37

Mr. Prasad moved that warrants in the amount of $2,820,466.37 for February 14, 2012 to be paid. Said motion was seconded by Mr. Vassanella and carried as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Kramer Levine Francois Prasad Regan Sherman Wright Vassanella

PUBLIC HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

Ordinance No. 3960-12

Mayor Levine presented the following ordinance:

AN ORDINANCE OF THE TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET, STATE OF NEW JERSEY, AMENDING THE MUNICIPAL CODE, CHAPTER 345, TAXATION, WITH A NEW ARTICLE III, DEVELOPMENT AND REDEVELOPMENT TAX ABATEMENTS AND/OR TAX EXEMPTIONS THAT WOULD ESTABLISH A POLICY AND PROCEDURE FOR THE TOWNSHIP’S RECEIPT, REVIEW AND CONSIDERATION OF APPLICATIONS FOR TAX ABATEMENTS AND/OR TAX EXEMPTIONS.

Mayor Levine stated that this ordinance is called up for second reading and final passage. He stated that the Township Attorney has approved the Affidavit of Publication and a public hearing is in order.

Mr. Chase moved to open the public hearing on the ordinance. Said motion was seconded by Mr. Prasad and carried unanimously upon call of the roll.

Mayor Levine stated that the meeting is open for public discussion on this ordinance. He stated that anyone interested in speaking to raise their hand and when recognized, state your name and address.

There being no comments from the public, Mr. Vassanella moved to close the public hearing on the ordinance. Said motion was seconded by Mr. Prasad and carried unanimously upon call of the roll.

Mr. Chase moved the final passage of the ordinance and publication in accordance with law. Said motion was seconded by Mr. Prasad and carried as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Kramer Levine Francois Prasad Regan Vassanella Sherman Wright

12-90 February 14, 2012 – Work Session/Regular Meeting

Ordinance No. 3961-12

Mayor Levine presented the following ordinance:

AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET AND STATE OF NEW JERSEY, MORE PARTICULARLY CHAPTER 226 - VEHICLES AND TRAFFIC, SECTION 226-20 – STOP INTERSECTIONS AND SECTION 226- 21 – YIELD INTERSECTIONS. (HAWTHORNE DRIVE AREA).

Mr. Prasad moved to open the public hearing on the ordinance. Said motion was seconded by Mr. Vassanella and carried unanimously upon call of the roll.

There being no comments from the public, Mr. Vassanella moved to close the public hearing on the ordinance. Said motion was seconded by Mr. Prasad and carried unanimously upon call of the roll.

Mr. Vassanella moved the final passage of the ordinance and publication in accordance with law. Said motion was seconded by Mr. Prasad and carried as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Sherman Levine Prasad Regan Wright Vassanella

Ordinance No. 3962-12

Mayor Levine presented the following ordinance:

AN ORDINANCE AMENDING CODE CHAPTER 284, RECYCLING, OF THE TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET, STATE OF NEW JERSEY, MORE PARTICULARLY, ARTICLE II, RECYCLING AND TRANSFER CENTER, SECTION 284-8.1, DAYS AND HOURS OF OPERATION (CONVENIENCE CENTER).

Mr. Prasad moved to open the public hearing on the ordinance. Said motion was seconded by Mr. Chase and carried unanimously upon call of the roll.

There being no comments from the public, Mr. Vassanella moved to close the public hearing on the ordinance. Said motion was seconded by Mr. Prasad and carried unanimously upon call of the roll.

Mr. Chase moved the final passage of the ordinance and publication in accordance with law. Said motion was seconded by Mr. Prasad and carried as follows upon call of the roll:

12-91 February 14, 2012 – Work Session/Regular Meeting AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Levine Prasad Regan Sherman Vassanella Wright

NJDEP – GREEN ACRES PROGRAM GRANT APPLICATION (Acquisition of Open Space Property (Scalzone Property (Block 345, Lots 16-27 and Block 349.01, Lots 58-67 (Warren street/West Point Avenue)

Public Hearing

Mr. Prasad moved to open the public hearing on the Green Acres Program Grant Application – Acquisition of Open Space Property (Scalzone Property (Block 345, Lots 16-27 and Block 349.01, Lots 58-67 (Warren street/West Point Avenue). Said motion was seconded by Mr. Chase and carried unanimously upon call of the roll.

There being no comments from the public, Mr. Vassanella moved to close the public hearing on the Green Acres Program Grant Application – Acquisition of Open Space Property (Scalzone Property (Block 345, Lots 16-27 and Block 349.01, Lots 58-67 (Warren street/West Point Avenue). Said motion was seconded by Mr. Prasad and carried unanimously upon call of the roll.

Resolution #12-061 Authorize Submission of Grant Application – NJDEP – Green Acres Program - Acquisition of Open Space Property (Scalzone Property (Block 345, Lots 16-27 and Block 349.01, Lots 58-67 (Warren street/West Point Avenue) in the amount of $708,500.00.

Mayor Levine presented the following resolution:

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Franklin desires to further the public interest by obtaining funding in the amount of $708,500.00 from the State to fund the following project(s): Acquisition of the Scalzone Property Block 345; Lots 16-27; and Block 349.01, Lots 58-67 at a cost of $1,417,000.00;

NOW, THEREFORE, BE IT RESOLVED that Brian D. Levine or the successor to the office of Mayor is hereby authorized to:

a) make application for such a loan and/or such a grant, b) provide additional application information and furnish such documents as may be required, and c) act as the authorized correspondent of the above named applicant; and

WHEREAS, the State shall determine if the application is complete and in conformance with the scope and intent of the Green Acres Program, and notify the applicant of the amount of the funding award; and

WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules, regulations and applicable statutes, and is willing to enter into an agreement with the State for the above named project;

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE Township Council of the Township of Franklin as follows:

1. That the Mayor of the above named body or board is hereby authorized to execute an agreement and any amendment thereto with the State known as the Acquisition of the Scalzone Property;

12-92 February 14, 2012 – Work Session/Regular Meeting

2. That the applicant has its matching share of the project, if a match is required, in the amount of $708,000.00;

3. That, in the event the State’s funds are less than the total project cost specified above, the applicant has the balance of funding necessary to complete the project;

4. That the applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project; and

5. That this resolution shall take effect immediately.

The aforesaid resolution was moved by Mr. Chase, seconded by Mr. Prasad and carried as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Levine Prasad Regan Sherman Vassanella Wright

ORDINANCES ON INTRODUCTION AND FIRST READING

Ordinance No. 3963-12

Mayor Levine presented the following ordinance:

BOND ORDINANCE PROVIDING FOR THE 2012 ROAD OVERLAY PROGRAM, IN AND BY THE TOWNSHIP OF FRANKLIN, IN THE COUNTY OF SOMERSET, STATE OF NEW JERSEY (THE “TOWNSHIP”); APPROPRIATING $2,485,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,366,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COSTS THEREOF

Mayor Levine stated that the foregoing ordinance is presented to the Township Council for adoption on first reading, posting, publication in accordance with law and public hearing and final adoption on February 28, 2012 at 7:00 p.m. in the Municipal Complex.

Mr. Vassanella moved the foregoing ordinance for adoption on first reading, posting, publication in accordance with law and public hearing and final adoption on February 28, 2012 at 7:00 p.m. at the Municipal Complex. Said motion was seconded by Mr. Prasad and carried as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Regan Levine Prasad Sherman Vassanella Wright

Ordinance No. 3964-12

Mayor Levine presented the following ordinance:

BOND ORDINANCE AMENDING AND SUPPLEMENTING BOND ORDINANCE NUMBER 3260 HERETOFORE FINALLY ADOPTED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF FRANKLIN ON DECEMBER 11, 2001 ENTITLED, “BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO MIDDLEBUSH PARK, A LAWFUL PUBLIC PURPOSE, BY AND IN THE TOWNSHIP OF FRANKLIN, IN THE COUNTY OF SOMERSET, STATE OF NEW JERSEY (THE “TOWNSHIP”); APPROPRIATING $250,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $237,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COSTS THEREOF,” AS AMENDED BY BOND ORDINANCE NUMBER 3458 FINALLY ADOPTED ON JUNE 14, 2005, TO INCREASE THE APPROPRIATION THEREIN BY $225,000, TO INCREASE THE AUTHORIZATION OF 12-93 February 14, 2012 – Work Session/Regular Meeting BONDS OR NOTES THEREIN BY $214,000 TO FINANCE PART OF THE ADDITIONAL COSTS THEREOF AND TO AMEND THE DESCRIPTION THEREOF

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Levine Prasad Regan Sherman Vassanella Wright

Ordinance No. 3965-12

Mayor Levine presented the following ordinance:

AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET, STATE OF NEW JERSEY, MORE PARTICULARLY CHAPTER 112, DEVELOPMENT, REGARDING REGULATION OF RESIDENTIAL USES IN CERTAIN ZONES.

Mayor Levine stated that the foregoing ordinance is presented to the Township Council for adoption on first reading, posting, publication in accordance with law and public hearing and final adoption on March 27, 2012 at 7:00 p.m. in the Municipal Complex.

Mr. Vassanella moved the foregoing ordinance for adoption on first reading, posting, publication in accordance with law and public hearing and final adoption on March 27, 2012 at 7:00 p.m. at the Municipal Complex. Said motion was seconded by Mr. Prasad and carried as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Levine Prasad Regan Sherman Vassanella Wright

CONSENT AGENDA

Upon motion by Mr. Prasad, seconded by Mr. Chase, the following Consent Agenda was adopted as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Levine Prasad Regan Sherman Vassanella Wright

Resolution #12-062 Authorize Refund of Tax Overpayments.

WHEREAS, there appears on the books of the Collector of Revenue, refunds due, resulting from Tax/Water Overpayments; and

WHEREAS, refunds are to be made to the persons who have made these overpayments;

NOW, THEREFORE, BE IT RESOLVED that the Township Treasurer of the Township of Franklin, Somerset County, be instructed to draw checks in the amounts

12-94 February 14, 2012 – Work Session/Regular Meeting

covering the overpayments and to deliver said checks to the proper persons.

BLOCK/LOT NAME/ADDRESS QTR/YR AMOUNT 5640-0 102/21 Gharro LLC 4/11 $268.05 505 Hoagland Court Homeowner and Hillsborough, NJ 08844 Lienholder paid

426/5 Bacchione, Kevin & Anabela 4/11 Homeowner $1,333.92 138 Hollywood Avenue and Mort. Co. paid Somerset, NJ 08873

83/17.44 Occhipinti, James & Elizabeth 1/12 Homeowner $647.23 6 S. Grosser Place and Mort. Co. paid Somerset, NJ 08873

511/1.02 Gibbons P.C. Attorney for 4/11 Tax Appeal $47,971.20 Huntingdon Life Sciences Inc. One Gateway Center Newark, NJ 07102

511/1.01 McCarter & English, LLP 4/09 $104,177.70 c/o Frank E. Ferruggia, Esq. 4/10 Tax Appeal $132,596.60 P.O. Box 652 Newark, NJ 07101-0652

34.08/55 Bruce J. Stavitsky, Esq. & 4/11 Tax Appeal $1,524.24 TD Bank, NA Stavitsky & Associates, LLC 341 Broad Street Clifton, NJ 07013

166/17 Michael I. Schneck, Esq. & 561 4/09 Tax Appeal $2,460.18 Somerset Partners LLC #1151 301 South Livingston Ave Livingston, NJ 07039

514/10.11 Zipp & Tannenbaum, LLC & 4/11 Tax Appeal $43,754.78 Three Zero Two M Franklin Township 166 Gatzmer Ave Jamesburg, NJ 08831

514/10.12 Zipp & Tannenbaum, LLC & 4/11 Tax Appeal $23,749.95 Heller VII Partnership, LP 166 Gatzmer Ave Jamesburg, NJ 08831

514/10.13 Zipp & Tannenbaum, LLC & 4/11 Tax Appeal $22,582.23 Heller II Partnership, LP 166 Gatzmer Ave Jamesburg, NJ 08831

Resolution #12-063 Authorize Tax Title Lien Redemptions – Outside Buyers.

WHEREAS, at a sale of land for delinquent taxes and all liens held by the Collector of Taxes of Franklin Township, Somerset County, various blocks and lots were sold to the following persons; and

12-95 February 14, 2012 – Work Session/Regular Meeting WHEREAS, said property and/or liens have been redeemed by the owners thereof, and the purchasers of said property are legally entitled to a refund of monies paid at the time of redemption in the following specific amount;

NOW, THEREFORE, BE IT RESOLVED that the amounts covering the certificates of sale, together will all the charges due the said individuals at the time of redemption be and the same are hereby ordered refunded to the said individuals, and the proper officials of the Township of Franklin, Somerset County, New Jersey are hereby authorized and empowered to execute a voucher to the said individuals in the following amounts:

CERTIFICATE LIENHOLDER AMOUNT 11-00178 GHARRO LLC 957.67 11-00261 2,063.30 11-00033 660.29 11-00387 716.40 08-136 105,242.75 09-150 2,459.56 TOTALS 112,099.97 PREMIUM 1,400.00 $113,499.97

11-00299 ACE PLUS LLC. 403.62 PREMIUM 300.00 $703.62

10-149 US BANK CUST FOR PRO CAPITAL 5,152.94 PREMIUM 20.00 $5,172.94

08-129 ATF 42,747.38 PREMIUM 10,100.00 $52,847.38

11-00295 US BANK CUST FOR TOWER 10,952.12 PREMIUM 10,000.00 $20,952.12

10-389 JOSEF HOFFMANN 725.78 08-223 1,765.13 11-00254 885.16 TOTALS 3,376.07 PREMIUM 200.00 $3,576.07

11-00354 JOHN PALUMBO 599.19 11-00367 645.85 TOTALS 1,245.04 PREMIUM 600.00 $1,845.04

11-00101 SASS 1,539.84 PREMIUM 500.00 $2,039.84

11-00348 VIRGO 7,722.71 PREMIUM 4,400.00 $12,122.71

10-215 DAXUAN WANG 8,368.82 PREMIUM 10.00 $8,378.82

12-96 February 14, 2012 – Work Session/Regular Meeting

Resolution #12-064 Authorize Adjustment of Water Charges.

WHEREAS, there was unusually high water charges resulting from hardships as follows:

Name Location Quarter Amount John Ostynski 8 Cheddar Place 12/01/11 $1,266.43 Block 424.10, Lot 7

Nathan Adams 233 Berger Street 12/01/11 $ 664.95 Block 362, Lot 70

WHEREAS, it has been determined that the high usage for Block 424.10, Lot 7 is a result of the owner not providing the current meter reading after the repair work was done in October 2011; and

WHEREAS, it has been determined that the high usage for Block 362, Lot 70 is a result of a broken pipe in the sprinkler system; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset and State of New Jersey that the Collector of Revenue is hereby directed to adjust the aforesaid water charges to reflect the charges for said water paid by the Township to its bulk supplier, specifically a reduction to:

Name Location Quarter Reduced Amount John Ostynski 8 Cheddar Place 12/01/11 $457.86 Block 424.10, Lot 7

Nathan Adams 233 Berger Street 12/01/11 $ 263.64 Block 362, Lot 70

Resolution #12-065 Authorize Release of Performance Guarantees.

WHEREAS, the Township Clerk of the Township of Franklin, Somerset County, New Jersey 08873 has received the following:

DATE RECEIPT BY ENGINEERING: 07/09/08 NAME OF APPLICANT: Schoolhouse Crossings, L.P. ADDRESS OF APPLICANT: 166 Nassau Street, Princeton, NJ 08542 ITEM: Performance Bond #019021829 DOCKET: PLN2006-0031 IN THE AMOUNT OF: $50,393.42 FOR: Site Improvements – Block 514/Lots 25, 26.02, 26.03 – Schoolhouse Road

WHEREAS, the Township Engineer, after inspection, recommends release of the aforesaid Performance Guarantees subject to receipt of a 2-year Maintenance Bond in the amount of $7,559.01; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset and State of New Jersey that the aforesaid Performance Guarantees be released to the aforesaid applicant Guarantees subject to receipt of a 2-year Maintenance Bond in the amount of $7,559.01.

Resolution #12-066 Authorize Release of Street Opening Escrows.

WHEREAS, the Township Clerk of the Township of Franklin, Somerset County, New Jersey 08873 has received the following:

12-97 February 14, 2012 – Work Session/Regular Meeting DATE RECEIPT BY ENGINEERING: 08/07/06 NAME OF APPLICANT: Dufek & Migliaro ADDRESS OF APPLICANT: 333 Hurst Street, Linden, NJ 07036 ITEM: Check PERMIT: #6574 IN THE AMOUNT OF: $300.00 FOR: Block 171.02, Lot 17.01 – 81 Douglas Avenue

WHEREAS, the Township Engineer, after inspection, recommends release of the aforesaid Street Opening Permit Fees; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset and State of New Jersey that the aforesaid Street Opening Permit Fees be release to the aforesaid applicant.

Resolution #12-067 Authorize Reduction of Performance Guarantees.

WHEREAS, the Township Clerk of the Township of Franklin, Somerset County, New Jersey 08873 has received the following:

DATE REC’D BY ENGINEERING: 03/30/10 NAME OF APPLICANT: RPM Development ADDRESS OF APPLICANT: 77 Park Street, Montclair, NJ 07042 ITEM: Performance Bond NUMBER: #S01090 INSURANCE COMPANY: First Indemnity of America Insurance Company DOCKET: PLN-09-00028 FOR: Site Improvements – Block 150, Lot 1.02 AMOUNT: $929,224.80 REDUCTION AMOUNT: $650,457.36 REMAINING AMOUNT: $278,767.44

DATE REC’D BY ENGINEERING: 03/24/11 NAME OF APPLICANT: Rutgers Community Christian Church ADDRESS OF APPLICANT: 71 Cedar Grove Lane, Somerset, NJ 08873 ITEM: Irrevocable Letter of Credit NUMBER: #2011-17-03-29 DOCKET: ZBA-06-00017 FOR: Replacement LOC for Site Improvements – 71 Cedar Grove Lane AMOUNT: $965,015.64 REDUCTION AMOUNT: $471,081.24 REMAINING AMOUNT: $493,934.40

WHEREAS, the Township Engineer, after inspection, recommends reduction of the aforesaid Performance Guarantee in the aforesaid amount;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset and State of New Jersey that the aforesaid Performance Guarantee be reduced in the aforesaid amount.

Resolution #12-068 Authorize Release of Planning and Building Review Escrows & Inspection Fees.

WHEREAS, the Township of Franklin, Somerset County has received escrow monies for purposes of professional fees incurred for review of and/or testimony concerning an application for development in accordance with Section 112-214 of the Code of the Township of Franklin; and

12-98 February 14, 2012 – Work Session/Regular Meeting

WHEREAS, the project has been completed and the Township Engineer has certified to the Township Clerk the amount of money charged against the escrow and has recommended that the balance remaining as set forth be returned to the applicant:

DATE REC’D BY ENGINEERING: 05/08/11 APPLICANT: 785 New Brunswick Road, Inc. ADDRESS: 366 Clifton Avenue, Clifton, NJ 07011 DOCKET NO. ZBA-11-00012 BLOCK/LOT: 507.15/2.01 LOCATION: 590 New Brunswick Road TYPE: Plan Review AMOUNT DEPOSITED: $5,000.00 (Twp.) AMOUNT CHARGED: 4,591.94 AMOUNT TO BE REFUNDED: $ 408.06

DATE REC’D BY ENGINEERING: 12/05/05 APPLICANT: Benchmark – c/o Samuel Lyons ADDRESS: 225 South Avenue, Garwood, NJ 07027 DOCKET NO. PLN2005-0052 BLOCK/LOT: 526/1 LOCATION: Pierce Street TYPE: Plan review AMOUNT DEPOSITED: $803.75 (Heyer) $2,745.75 (CME) $62.50 (Atty) $1,888.00 (Twp) AMOUNT CHARGED: 803.75 2,745.75 62.50 394.29 AMOUNT TO BE REFUNDED: $ 0.00 $ 0.00 $ 0.00 $1,493.71

DATE REC’D BY ENGINEERING: 06/19/09 APPLICANT: University Heights Seventh Day Adventist Church ADDRESS: PO Box 1152, New Brunswick, NJ 08901 DOCKET NO. PLN-09-00013 BLOCK/LOT: 153/31-40 LOCATION: 37 Pine Street TYPE: Plan Review AMOUNT DEPOSITED: $330.00 (CME) $3,170.00 (Twp) AMOUNT CHARGED: 330.00 2,941.46 AMOUNT TO BE REFUNDED: $ 0.00 $ 228.54

DATE REC’D BY ENGINEERING: 10/11/07 APPLICANT: Cedar Manor LLC ADDRESS: 812 Central Avenue, Westfield, NJ 07090 DOCKET NO. PLN-07-00043 BLOCK/LOT: 468.08/1.01 LOCATION: Cedar Grove Lane & Pierce Street TYPE: Plan Review AMOUNT DEPOSITED: $6,000.00 (Twp) AMOUNT CHARGED: 2,663.47 AMOUNT TO BE REFUNDED: $3,336.53

DATE REC’D BY ENGINEERING: 05/21/10 APPLICANT: Capital Telecom Acquisition LLC ADDRESS: 1500 Mt. Kemble Ave., Ste. 203, Morristown, NJ 07960 DOCKET NO. ZBA-10-00013 BLOCK/LOT: 32/1.02 LOCATION: 3333 Route 27 TYPE: Plan Review AMOUNT DEPOSITED: $8,100.00 (CME) $405.00 (Heyer) $5,995.00 (Twp.) AMOUNT CHARGED: 8,100.00 405.00 5,353.72 AMOUNT TO BE REFUNDED: $ 0.00 $ 0.00 $ 641.28

12-99 February 14, 2012 – Work Session/Regular Meeting Resolution #12-069 Award State Contract – Maintenance of Police Department Trunked Radio System – Year 2012 – Motorola – Amount Not to Exceed $138,219.00.

WHEREAS, the Township of Franklin desires to purchase items as follows through State Contract, which items when combined with prior purchases exceed the prevailing bid threshold:

VENDOR: Motorola 1307 East Algonquin Rd., Schaumburg, IL 60196 State Contract 53804 ITEMS: Maintenance of Police Department Trunked Radio System – CY2012 COST: Amount Not to Exceed $138,219.00

WHEREAS, the Chief Financial Officer has certified in writing hereon that funds are available and the Municipal Attorney has reviewed the certification of the Chief Financial Officer and is satisfied that said certification is in proper form.

WHEREAS, continuation of the terms of this contract beyond December 31, 2012 is contingent upon availability of funds in the 2013 CY Budget, and in the event of unavailability of such funds, the Township of Franklin reserves the right to cancel this contract; and

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Franklin, County of Somerset and State of New Jersey does hereby authorize the Mayor and Township Clerk to execute a contract with the above named vendor to purchase the specified items under State Contract.

Resolution #12-070 Award Contract – Hydrant Parts, Centurion, Categories B, C and D – March 1, 2012 to February 28, 2013 – Water Works Supply Company – Amount Not to Exceed $10,000.00.

WHEREAS, a notice to bidders for the receipt of bids for Fire Hydrants Parts (Categories B to G) was published in the Courier News and posted on the Township’s website on October 7, 2011 and receipt was on November 3, 2011 and again on the Township’s website on December 1, 2011, with one addendum on December 20, 2011 and receipt was on January 5, 2012; and

WHEREAS, there were no bids received for Categories B, C, D, and E; and

WHEREAS, after two bids, the Township can negotiate with the vendors on pricing; and

WHEREAS, that the Chief Financial Officer has certified in writing hereon that funds are available and the Municipal Attorney has reviewed the certification of the Chief Financial Officer and is satisfied that said certification is in proper form; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, Somerset County, New Jersey that the following bid be awarded for Fire Hydrant Parts, Categories B, C and D:

VENDOR: Water Works Supply Company Inc. ADDRESS: 660 State Highway 23, PO Box 306, Pompton Plains, NJ 074444 ITEM: Fire Hydrant Parts, Categories B, C & D March 1, 2012 to February 28, 2012 AMOUNT: Amount Not to Exceed $10,000.00

12-100 February 14, 2012 – Work Session/Regular Meeting

BE IT FURTHER RESOLVED that the Mayor and the Township Clerk be and the same are hereby authorized to enter into a contract with the above listed company.

Resolution #12-071 Award Purchase Over $8500 – Work on Van Wickle House – Servpro of Western Union County – Amount Not to Exceed $16,087.06.

WHEREAS, the Township of Franklin desires to purchase services as follows:

VENDOR: Servpro of Western Union County 217 Market Street, Kenilworth, NJ 07033 ITEMS: Repairs to the Van Wickle House COST: Not To Exceed $16,087.06

WHEREAS, this purchase is exempt from bidding as per N.J.S.A. 40A:11-3; and

WHEREAS, the Chief Financial Officer has certified in writing hereon that funds are available and the Municipal Attorney has reviewed said certificate and is satisfied that said certificate is in proper form; and

Resolution #12-072 Award State Contract – Vital Statistics Copier – 48-month Lease – Ikon Office Solutions – Amount Not to Exceed $73.64 per month (overage $.021 per copy).

WHEREAS, the Township of Franklin desires to purchase items as follows through State Contract, which items when combined with prior purchases exceed the prevailing bid threshold:

VENDORS: IKON Office Solutions 100 Passaic Avenue, Suite 1 Fairfield, NJ 07004 NJ State Contract A64039 ITEMS: Vital Statistics Copier Lease January 1, 2011 to December 31, 2015 COST: $73.64 per month (Includes 3500 copies per month overage at $.021 per copy)

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Franklin, County of Somerset and State of New Jersey does hereby authorize the Mayor and Township Clerk to execute a contracts with the above named vendors to purchase the specified items under State Contract. 12-101 February 14, 2012 – Work Session/Regular Meeting

Resolution #12-073 Award Contract Over $8500 – Mobile Computer Software Support – Year 2012 – Interact Public Safety Systems – Amount Not to Exceed $14,066.78.

WHEREAS, the Township of Franklin desires to purchase services as follows:

VENDOR: Interact Public Safety Systems PO Box 671713 ITEMS: Mobile Computer Software Support COST: Not To Exceed $14,066.78

WHEREAS, this purchase is exempt from bidding as per N.J.S.A. 40A:11-3; and

Resolution #12-074 Award Contract Over $8500 – ArcView/GIS System Computer Support – March 1, 2012 to February 28, 2013 – Amount Not to Exceed $9,950.00.

WHEREAS, the Township of Franklin desires to purchase services as follows:

VENDOR: ESRI, Inc. 380 New York Street, Redlands, CA 92373 ITEMS: Maintenance Licenses and Annual Updates for the ArcView/GIS System COST: Not To Exceed $9,950.00

WHEREAS, this purchase is exempt from bidding as per N.J.S.A. 40A:11-3; and

12-102 February 14, 2012 – Work Session/Regular Meeting

Resolution #12-075 Award Contract Over $8500 – Municipal Code Services and Printing of Land Development Pamphlets – Year 2012 – Amount Not to Exceed $16,000.00.

WHEREAS, the Township of Franklin desires to purchase items as follows which do not exceed the bid threshold but which exceed the limits set forth in Chapter 3, Section 3- 13; and

WHEREAS, pursuant to NJSA 40A:11-5(x), the printing of municipal ordinances or other services necessarily incurred in connection with the revision and codification of municipal ordinances is exempt from public bidding;

VENDOR: General Code Publishers 72 Hinchey Road Rochester, NY 14624-2991 ITEMS: Municipal Code Services Printing of Land Development Code Pamphlets TY2011 COST: $16,000.00

Resolution #12-076 Award Contract Over $8500 – Legal Ads - Gannett Publishing (Courier News) – Year 2012 – Amount Not to Exceed $13,000.00.

WHEREAS, the Township of Franklin desires to purchase items as follows which do not exceed the bid threshold but which exceed the limits set forth in Chapter 3, Section 3- 13:

WHEREAS, pursuant to NJSA 40A:11-5(j), the publishing of legal notices in newspapers as required by law is exempt from public bidding;

VENDOR: Gannett News 3601 Highway 66 Neptune, NJ 07754 ITEMS: Legal Notices CY2012 COST: $13,000.00

WHEREAS, that continuation of the terms of this contract beyond December 31, 2012 is contingent upon availability of funds in the 2013 CY Budget, and in the event of unavailability of such funds, the Township of Franklin reserves the right to cancel this contract;

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Franklin, County of Somerset and State of New Jersey does hereby authorize the Mayor 12-103 February 14, 2012 – Work Session/Regular Meeting and Township Clerk to execute a contract with the above named vendors to purchase the specified items.

Resolution #12-077 Award Fair and Open Extraordinary, Unspecifiable Services Agreement – Recreation Chess Program – Chess Buy – Amount Not to Exceed $20,000.00.

WHEREAS, a need exists to contract for the below noted services for the Township of Franklin, County of Somerset, New Jersey; and

WHEREAS, the Chief Financial Officer has certified in writing, a copy of which certification is attached hereto, that funds are available; and

WHEREAS, the Municipal Attorney has reviewed the attached certificate of the Chief Financial Officer and is satisfied that said certificate is in proper form; and

WHEREAS, the contracts to be awarded are being awarded as Fair and Open Extraordinary, Unspecifiable Service contracts pursuant to the Pay to Play Laws, P.L. 2004, C. 19; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset, as follows:

(1) The Mayor and Township Clerk are hereby authorized and directed to execute the below referenced agreements with the below stated vendors, which agreements shall be maintained on file with the Township Clerk and available for public inspection.

(2) These agreements are awarded as Fair and Open Extraordinary, Unspecifiable Services under the provisions of the Pay to Play Laws, P.L. 2004, C. 19.

(3) A notice of this action shall be printed in the LEGAL NEWSPAPER OF THE TOWNSHIP as required by law within ten (10) days of its passage.

(4) The vendor shall supply the Township of Franklin with Federal Affirmative Action Plan Approval or State Certificate of Employee Information Report within the time period specified by NJAC 17:27. The Contract shall contain the Mandatory Affirmative Action Language for Professional Service Contracts required by NJAC 17:27, a copy of which shall be attached to and incorporated in the Professional Service Agreement authorized herein.

(5) The vendor shall agree to comply with the requirements of Title II of the Americans with Disabilities Act of 1990 and indemnify, protect and save harmless the Township from all suits, claims, losses, demands or damages of whatever kind or nature arising out of or claimed to arise out of alleged violations of the Act. A copy of the Act shall be attached to and incorporated in the Professional Service Agreement authorized herein.

VENDOR NAME: Chess Buy ADDRESS: 87 Columbia Street, Apt. 17-E, NY, NY 10002 CONTRACT AMOUNT: Not to Exceed $20,000.00 PROGRAM: Chess Program TERM: January 1, 2012 to December 31, 2012

12-104 February 14, 2012 – Work Session/Regular Meeting

Resolution #12-078 Award Fair and Open Professional Services Agreements – Engineering Consulting Services – Remington, Vernick & Vena Engineers/T&M Associates/Hatch Mott MacDonald LLC/CME/Birdsall Services Group, Inc. – February 1, 2012 to January 31, 2013 – Amount Not to Exceed $100,000.00 per vendor.

WHEREAS, a need exists to award Fair and Open Contracts for the below noted services for the Township of Franklin, County of Somerset, New Jersey; and

WHEREAS, the Chief Financial Officer has certified in writing, a copy of which certification is attached hereto, that funds are available; and

WHEREAS, the Municipal Attorney has reviewed the attached certificate of the Chief Financial Officer and is satisfied that said certificate is in proper form; and

WHEREAS, the contracts to be awarded are being awarded as Fair and Open Professional Service contracts pursuant to the Pay to Play Laws, P.L. 2004, C. 19; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset, as follows:

(1) The Mayor and Township Clerk are hereby authorized and directed to execute the below referenced agreement with the below stated vendors, which agreements shall be maintained on file with the Township Clerk and available for public inspection.

(2) These agreements are awarded as Fair and Open Professional Service under the provisions of the Pay to Play Laws, P.L. 2004, C. 19.

(3) A notice of this action shall be printed in the LEGAL NEWSPAPER OF THE TOWNSHIP as required by law within ten (10) days of its passage.

Vendor Address Birdsall Engineering Group 65 Jackson Drive, Cranford, NJ 07016 CME 3141 Bordentown Avenue, Parlin, NJ 08859 Hatch Mott MacDonald, LLC 27 Bleeker Street, Millburn, NJ 07041 Remington & Vernick 232 Kings Highway East, Haddonfield, NJ 08033 T&M Associates 11 Tindall Road, Middleton, NJ 07748

12-105 February 14, 2012 – Work Session/Regular Meeting CONTRACT AMOUNT: Not to Exceed $100,000.00 per vendor SERVICE: Engineering Consultant Services, as needed February 1, 2012 to January 31, 2013

Resolution #12-079 Award Non-Fair and Open Professional Services Agreement – Historical Consultant – McCabe and McCabe – March 1, 2012 to February 28, 2013 – Amount Not to Exceed $36,594.50.

WHEREAS, a need exists to contract for the below noted services for the Township of Franklin, County of Somerset, New Jersey as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

WHEREAS, the Chief Financial Officer has certified in writing hereon that funds are available; and

WHEREAS, the Municipal Attorney has reviewed the certification of the Chief Financial Officer and is satisfied that said certification is in proper form; and

WHEREAS, McCabe and McCabe has completed and submitted a Business Entity Disclosure Certification which certified that McCabe and McCabe has not made any reportable contributions to a political or candidate committee in the Township of Franklin in the previous one year, and that the contract will prohibit McCabe and McCabe from making any reportable contributions through the term of the contract;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset, as follows:

(1) The Mayor and Township Clerk are hereby authorized and directed to execute the below referenced agreement with the below stated vendor, which agreement shall be maintained on file with the Township Clerk and available for public inspection.

(2) The Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution.

(3) A notice of this action shall be printed in the LEGAL NEWSPAPER OF THE TOWNSHIP as required by law within ten (10) days of its passage.

VENDOR: McCabe and McCabe 125 High Street, Newton, NJ 07860 CONTRACT AMOUNT: $36,594.50 CONTRACT PERIOD: March 1, 2012 thru February 28, 2013 SERVICE: Historic Consulting Services

12-106 February 14, 2012 – Work Session/Regular Meeting

Resolution #12-080 Appoint CY2012 Township Auditor and Award Non-Fair and Open Professional Services Agreement – Auditing Services – Year 2012 – McEnerney, Brady & Company, LLC – Amount Not to Exceed $17,800.00.

WHEREAS, the Chief Financial Officer has certified in writing hereon that funds are available; and

WHEREAS, the Municipal Attorney has reviewed the certification of the Chief Financial Officer and is satisfied that said certification is in proper form; and

WHEREAS, McEnerney, Brady & Company, LLC has submitted a proposal indicating they will provide Township Auditing Services in a amount not to exceed $17,800.00; and

WHEREAS, McEnerney, Brady & Company, LLC has completed and submitted a Business Entity Disclosure Certification which certified that McEnerney, Brady & Company, LLC has not made any reportable contributions to a political or candidate committee in the Township of Franklin in the previous one year, and that the contract will prohibit McEnerney, Brady & Company, LLC from making any reportable contributions through the term of the contract;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset, as follows:

(1) John Lauria is hereby appointed at Township Auditor for CY2012.

(2) The Mayor and Township Clerk are hereby authorized and directed to execute the below referenced agreement with the below stated vendor, which agreement shall be maintained on file with the Township Clerk and available for public inspection.

(3) The Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution.

(4) A notice of this action shall be printed in the LEGAL NEWSPAPER OF THE TOWNSHIP as required by law within ten (10) days of its passage.

(5) The vendor shall supply the Township of Franklin with Federal Affirmative Action Plan Approval or State Certificate of Employee Information Report within the time period specified by NJAC 17:27. The Contract shall contain the Mandatory Affirmative Action Language for Professional Service Contracts required by NJAC 17:27, a copy of which shall be attached to and incorporated in the Professional Service Agreement authorized herein.

(6) The vendor shall agree to comply with the requirements of Title II of the Americans with Disabilities Act of 1990 and indemnify, protect and save harmless the Township from all suits, claims, losses, demands or damages of whatever kind or nature arising out of or claimed to arise out of alleged violations of the Act. A copy of the Act shall be attached to and incorporated in the Professional Service Agreement authorized herein.

12-107 February 14, 2012 – Work Session/Regular Meeting VENDOR NAME: McEnerney, Brady & Company ADDRESS: 293 Eisenhower Parkway, Livingston, NJ 07039 CONTRACT AMOUNT: Amount Not to Exceed $17,800.00 SERVICE: Township Auditing Services – TY2011

Resolution #12-081 Award Non-Fair and Open Professional Services Agreement – Township Attorney – Year 2012 – Louis N. Rainone, Esq., DeCotiis, Fitzpatrick & Cole, LLP – Amount Not to Exceed $200,000.00.

WHEREAS, the Chief Financial Officer has certified in writing hereon that funds are available; and

WHEREAS, the Municipal Attorney has reviewed the certification of the Chief Financial Officer and is satisfied that said certification is in proper form; and

WHEREAS, DeCotiis, Fitzpatrick & Cole, LLP has completed and submitted a Business Entity Disclosure Certification which certified that DeCotiis, Fitzpatrick & Cole, LLP has not made any reportable contributions to a political or candidate committee in the Township of Franklin in the previous one year, and that the contract will prohibit DeCotiis, Fitzpatrick & Cole, LLP from making any reportable contributions through the term of the contract;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset, as follows:

(2) The Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution.

(3) A notice of this action shall be printed in the LEGAL NEWSPAPER OF THE TOWNSHIP as required by law within ten (10) days of its passage.

VENDOR NAME: DeCotiis, Fitzpatrick & Cole, LLP Louis N. Rainone, Esq. ADDRESS: Glenpointe Centre West 500 Frank W. Burr Blvd., Suite 31

12-108 February 14, 2012 – Work Session/Regular Meeting

Teaneck, NJ 07666 CONTRACT AMOUNT: Amount not to exceed $200,000.00 SERVICE: Township Attorney Services January 1, 2012 to December 31, 2012

Resolution #12-082 Award Non-Fair and Open Professional Services Agreement – Grant Writing Services – February 14, 2012 to February 13, 2013 – T&M Associates – Amount Not to Exceed $2,500.00 per month ($30,000.00 – Total for Year).

WHEREAS, the Chief Financial Officer has certified in writing hereon that funds are available; and

WHEREAS, the Municipal Attorney has reviewed the certification of the Chief Financial Officer and is satisfied that said certification is in proper form; and

WHEREAS, T&M Associates has completed and submitted a Business Entity Disclosure Certification which certified that T&M Associates has not made any reportable contributions to a political or candidate committee in the Township of Franklin in the previous one year, and that the contract will prohibit T&M Associates from making any reportable contributions through the term of the contract;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset, as follows:

(2) The Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution.

(3) A notice of this action shall be printed in the LEGAL NEWSPAPER OF THE TOWNSHIP as required by law within ten (10) days of its passage.

VENDOR: T&M Associates Eleven Tindall Road, Middletown, NJ 07748-2792 CONTRACT AMOUNT: $2,500 per month 12-109 February 14, 2012 – Work Session/Regular Meeting CONTRACT PERIOD: February 15, 2012 thru February 14, 2013 SERVICE: Grant Writing Services

Resolution #12-084 Amend 2012 Township Council Meeting Schedule to amend second March meeting date and to include Budget Hearings and Public Hearing on the Recreation Needs Assessment.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin, County of Somerset and State of New Jersey, that the meeting schedule incorrectly listed a meeting for Thursday, March 22, 2012 to be held at the Municipal Complex, Council Chambers, 475 DeMott Lane at 7:00 p.m. is hereby changed to Tuesday, March 27, 2012 to be held at the Municipal Complex, Council Chambers, 475 DeMott Lane at 7:00 p.m.; and

BE IT FURTHER RESOLVED by the Township Council of the Township of Franklin, County of Somerset and State of New Jersey, that the following meetings be added to the 2012 Meeting Schedule:

All hearings listed above are to be held at 7:00 p.m. at the Municipal Complex, Council Chambers, and 475 DeMott Lane.

BOARDS AND COMMISSIONS APPOINTMENTS

Planning Board:

Deputy Mayor nominated Victor Stevens as the Class II Member (Township Official) of the Planning Board for a 1-year term ending 12/31/12. Said motion carried upon acclamation.

Mayor Levine announced the appointment of Robert LaCorte as the Class I Planning Board Member or Announce appointment of designee for a 1-year term ending 12/31/12.

Library Board of Trustees Appointments by Mayor:

Mayor Levine announced the appointment of Damain Summerer as a Regular Member to the Library Board of Trustees for an unexpired 5-year term ending December 31, 2013.

EXECUTIVE SESSION

Mayor Levine presented the following resolution:

WHEREAS, Section 8 of the Open Public Meetings Act, (N.J.S.A. 10:4-12 (b) (1-9), Chapter 231, P.L. 1975, permits the exclusion of the Public from a meeting under certain circumstances; and

WHEREAS, the Township Council of the Township of Franklin is of the opinion that such circumstances do exist;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin in the County of Somerset, State of New Jersey, as follows:

1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matters;

2. The general nature of the subject matter to be discussed is as follows:

12-110 February 14, 2012 – Work Session/Regular Meeting

Personnel: Reorganization Litigation: E&J Equities/BOA Decision

3. The Township Council may take official action on those items discussed in Executive Session upon completion of the Execution Session.

4. The minutes of the discussions shall be made available to the public as soon as the matters under discussion are no longer of a confidential or sensitive nature.

5. This resolution shall take effect immediately.

The aforesaid resolution was moved by Mr. Vassanella, seconded by Mr. Prasad and carried as follows upon call of the roll:

AYES AYES AYES NAYS ABSTAIN ABSENT Chase Francois Kramer Levine Prasad Regan Sherman Vassanella Wright

The meeting adjourned to Executive Session at 10:54 p.m.

Upon motion by Mr. Prasad, seconded by Mr. Chase, the meeting reconvened at 11:40 p.m.

Mayor Levine announced the discussion during Executive Session was as follows:

Personnel: Reorganization Litigation: E&J Equities/BOA Decision

ADJOURNMENT

Motion was made by Deputy Mayor and seconded by Mr. Prasad to adjourn to the meeting at 11:41 p.m. Motion was carried unanimously.

Approved: As Submitted. Brian D. Levine, Mayor

Date: May 8, 2012 Ann Marie McCarthy, Township Clerk