South Brunswick Township

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1 South Brunswick Township Regular Meeting 540 Ridge Road Monmouth Junction, NJ ~ Minutes ~ Tuesday, June, 27, :30 PM Main Meeting Room - Municipal Building Pledge of Allegiance - Moment of Silence - Roll Call Mayors Statement The meeting was called to order at 7:30 p.m. by Mayor Gambatese followed by a salute to the flag. Moment of Silence There was a moment of silence for our troops to return home safely to their families. Roll Call Also Present: Attendee Name Present Absent Ken Bierman Charlie Carley *at place indicated Josephine "Jo" Hochman Chris Killmurray Mr. Hvozdovic, Township Manager; Mr. Monzo, Deputy Manager/CFO; Mr. Sears, Director of Law; Mrs. Carbin, Deputy Township Clerk; Mr. Schmalz, Public Affairs Coordinator Open Public Meeting Statement Mrs. Carbin read the following statement: In compliance with Chapter 231 of Public Laws of 1975, notice of this meeting was given by way of Annual notice filed with the Township Clerk, the Princeton Packet, the Home News Tribune and the Trenton Times, and posted on the bulletin board in the South Brunswick Township Municipal Complex, January 4, Added as Timely and Important Motion was made to Added as Timely and Important III. Executive Sessions B. Contractual Negotiations 1. Resolution (ID#9304) Possible Lease of Reach Unit (Block 34.02, Lot 13.07) ADDED [3 TO 0] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray AWAY: Charlie Carley Executive Session Resolution Resolution : Authorizing a Closed Session at the June 27, 2017 Regular Meeting WHEREAS, there exists a need to hold a closed session for the purpose of discussing matters which fall within the exception of the Open Public Meeting Law, N.J.S.A. 10:4-6, et seq., to wit: a. Personnel Matters: b. Contractual Negotiations: c. Pending/Potential Litigation: d. Public Safety e. Real Estate and; WHEREAS, it is unknown at this time when such discussions which take place at said closed session may be disclosed to the public; NOW THEREFORE BE IT RESOLVED on the 27 th day of June, 2017 by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, that: 1. The June 27, 2017 meeting of the Township Council of the Township of South Brunswick be South Brunswick Township Page 1 Printed 6/29/2017

2 closed to the public for discussion of the matters aforesaid. 2. The matters discussed at said closed session be disclosed to the public when the reasons for discussing and acting on same in closed session no longer exist. AWAY: Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray Charlie Carley Executive Sessions Executive session began at 7:32 p.m. The meeting reconvened at 7:34 p.m. Miscellaneous Budget Public Hearing (ID # 9285): Public Hearing on the June 13, 2017 Budget Amendment Motion was made to Public Hearing Adoption of the 2017 Municipal Budget OPENED [3 TO 0] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray AWAY: Charlie Carley There were no comments from the public. Motion was made to close the public portion CLOSED [3 TO 0] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray AWAY: Charlie Carley Resolution : Adoption of the 2017 Municipal Budget ( as Amended) Be it resolved by the Township Council of the Township of South Brunswick, County of Middlesex that the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of: (a) $ (b) $ (c) $ (d) $ (e) $ 31,167, (Item 2 below) for municipal purposes, and 0.00 (Item 3 below) for school purposes in Type I School Districts only (N.J.S. 18A:9-2) to be raised by taxation and, 0.00 (Item 4 below) to be added to the certificate of amount to be raised by taxation for local school purposes in Type II School Districts only (N.J.S. 18A:9-3) and certification to the County Board of Taxation of the following summary of general revenues and appropriations (Sheet 43) Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy 2,845, (Sheet 38) Minimum Library Levy 1. General Revenues SUMMARY OF REVENUES Surplus Anticipated $ 3,700, Miscellaneous Revenues Anticipated $ 16,305, Receipts from Delinquent Taxes $ 1,250, AMOUNT TO BE RAISED BY TAXATION FOR MUNICIPAL PURPOSES (Item 6(a), Sheet 11) 3. AMOUNT TO BE RAISED BY TAXATION FOR 07- SCHOOLS IN TYPE I SCHOOL DISTRICTS ONLY: Item 195 6, She Item 6(b), sheet 11 (N.J.S. 40A:4-14) $ 30,864, South Brunswick Township Page 2 Printed 6/29/2017 $ 0.00 $ 0.00 Total Amount to be Raised by Taxation for Schools in Type I School 0.00

3 Districts Only 4. To Be Added TO THE CERTIFICATE FOR AMOUNT TO BE RAISED $ 0.00 BY TAXATION FOR SCHOOLS IN TYPE II SCHOOL DISTRICTS ONLY: Item 6(b), Sheet 11 (N.J.S. 40A:4-14) 5. AMOUNT TO BE RAISED BY TAXATION MINIMUM LIBRARAY LEVY $ 2,845, Total Revenues $ 54,965, Sheet 41 Township of South Brunswick, Middlesex County Budget SUMMARY OF APPROPRIATIONS GENERAL APPROPRIATIONS xxxxxxxx xxxxxxxxxx.xx Within "CAPS" xxxxxxxx xxxxxxxxxx.xx (a&b) Operations Including Contingent $ 37,013, (e) Deferred Charges and Statutory Expenditures - Municipal $ 5,310, (g) Cash Deficit $ 0.00 Excluded from "CAPS" xxxxxxxx xxxxxxxxxx.xx (a) Operations - Total Operations Excluded from "CAPS" $ 3,764, (c) Capital Improvements $ 410, (d) Municipal Debt Service $ 6,191, (e) Deferred Charges - Municipal $ 415, (f) Judgments $ 0.00 (n) Transferred to Board of Education for Use of Local Schools $ 0.00 (N.J.S. 40: & 17.3) (g) Cash Deficit $ 0.00 (k) For Local District School Purposes $ 0.00 (m) Reserve for Uncollected Taxes $ 1,860, SCHOOL APPROPRIATIONS - TYPE I SCHOOL DISTRICTS $ 0.00 ONLY (N.J.S. 40A:4-13) Total Appropriations $ 54,965, It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the Governing Body on the 27th of June It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2017 approved budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services. ADOPTED [3 TO 0] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray AWAY: Charlie Carley Address from the Floor Motion was made to open the meeting for public comments OPENED [3 TO 0] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray AWAY: Charlie Carley Public Comments There were no comments from the public. South Brunswick Township Page 3 Printed 6/29/2017

4 Motion was made to close the public portion CLOSED [3 TO 0] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray AWAY: Charlie Carley Minutes Minutes (ID # 9275): Of the Township Council Executive Session Held on May 9, 2017 ACCEPTED [3 TO 0] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray AWAY: Charlie Carley Minutes of the Regular Meeting of the Township Council Held on Tuesday, May 09, 2017 AWAY: ACCEPTED [UNANIMOUS] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray Charlie Carley Minutes (ID # 9276): Of the Township Council Executive Session Held on May 23, 2017 AWAY: ACCEPTED [UNANIMOUS] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray Charlie Carley Minutes of the Regular Meeting of the Township Council Held on Tuesday, May 23, 2017 ACCEPTED [3 TO 0] Ken Bierman, Josephine "Jo" Hochman, Chris Killmurray AWAY: Charlie Carley Minutes of the Special Budget Meeting of the Township Council Held on Tuesday, June 13, 2017 ACCEPTED [2 TO 0] Chris Killmurray, Mayor Ken Bierman, Chris Killmurray ABSTAIN: Josephine "Jo" Hochman AWAY: Charlie Carley Minutes (ID # 9298): Of the Township Council Executive Session Held on June 13, 2017 ACCEPTED [2 TO 0] Chris Killmurray, Mayor Ken Bierman, Chris Killmurray ABSTAIN: Josephine "Jo" Hochman AWAY: Charlie Carley Minutes of the Work Session of the Township Council Held on Tuesday, June 13, 2017 South Brunswick Township Page 4 Printed 6/29/2017

5 ACCEPTED [2 TO 0] Chris Killmurray, Mayor Ken Bierman, Chris Killmurray ABSTAIN: Josephine "Jo" Hochman AWAY: Charlie Carley Reports *Deputy Mayor Carley arrived at the meeting. Mr. Hvozdovic reported on the following: Independence Day is next Tuesday and there will be no recycling or garbage collection on that day. If that is your day for collection, it will be collected on July 5 th next Wednesday. Our Township Independence Day celebration will take place this Friday evening at 7:00 p.m. at the grounds inbetween the two middle schools. There will be a live band this year and the fireworks will go off at approximately 9:15 p.m. The hard shoulder running program started this past Monday. The State has allowed the shoulder to be used as a third lane of travel during certain times of the day to alleviate the bottleneck traffic on Route 1 coming both north and south. Now, from Raymond Road South in both directions you will be able to use the shoulder as a third lane of travel from 6:00 to 9:00 am and from 4:00 to 6:00 p.m. Mr. Sears reported on the following: Mr. Sears gave an update on the Smith litigation stating that we were successful in the Appellate Division and the Smiths have now filed a petition to the Supreme Court to have it reviewed. The affordable housing litigation is pending a decision by a judge in Mercer County on our motion to vacate all of the decisions that Judge Wilson made last year. This past week we submitted additional documents to the judge. Oral argument remains on July 10, Mrs. Bierman reported on the following: He has heard positive feedback regarding the hard shoulder running program. On Saturday he and the Mayor went to the Monmouth Junction First Aid Squad Open House. They had various workshops and it was well attended. Mrs. Hochman reported on the following: The Library held a fun improvisational play on Friday at 2:00 p.m., which was well attended. Two young H.S. women wrote the play regarding cracked endings to three fairy tales. This was sponsored by the Arts Commission. She and a few other people met with Chris Carbone, Library Director, to discuss the performing arts center. She thanked Assemblyman Andrew Zwicker and Assemblyman Jack Ciattarelli and the state legislators for their support. Mr. Carley reported on the following: The Mayor and Council attended the Memorial Day services conducted by the VFW and the American Legion. We are thankful for all their efforts they put into the services. He attended a Senior Advisory Committee meeting and the Planning Board meeting was cancelled due to lack of business. He attended the Shree Swaminarayan Hindu Temple to dedicate deities in the Temple. He attended the South Brunswick High School graduation. He and Councilwoman Hochman attended the ribbon cutting for TownePlace Suites by Marriott on Route 130. He wished them much success. He and Councilman Bierman attended the Viking Athletic Club Scholarship Golf Classic. He wished everyone a safe and happy summer. Mr. Killmurray reported on the following: South Brunswick Township Page 5 Printed 6/29/2017

6 He attended the VFW breakfast to help the Scouts and it was a nice event. He thanked his colleagues for their attendance to many of the activities in the Township. He thanked Mr. Camarota for all his efforts on the hard shoulder running program. Ordinances for First Reading Ordinance : Accepting Dedication of Deeds of Easement from South Ridge Builders, LLC INTRODUCED [UNANIMOUS] Next: 7/25/2017 7:30 PM Ordinance : Amending and Supplementing South Brunswick Code Chapter 114, Utilities, Regarding Sewer Service Regulations for Sewer Service Lateral Cleanout INTRODUCED [UNANIMOUS] Next: 7/25/2017 7:30 PM Ordinance : Amending Chapter 2, Administration, Article XIII, Public Records, of the South Brunswick Township Code Regarding Fees for Police Records INTRODUCED [UNANIMOUS] Next: 7/25/2017 7:30 PM Ordinance : An Ordinance Authorizing Positions and Providing for a Pay Plan for Employees of the South Brunswick Supervisor s Association, in the Township of South Brunswick, County of Middlesex, State of New Jersey INTRODUCED [UNANIMOUS] Next: 7/25/2017 7:30 PM Ordinance : An Ordinance Authorizing Positions and Providing for A pay Plan for Employees of the Collective Bargaining unit, Afscme Local 2242 Of the Township of South Brunswick, County of Middlesex, State of New Jersey INTRODUCED [UNANIMOUS] Next: 7/25/2017 7:30 PM Ordinance : Amending and Supplementing Chapter 62, Land Use, of the South Brunswick Township Code to Define E-Commerce Fulfillment Centers and Parcel Delivery Centers and Add Them as Uses Permitted as Conditional Uses Within the I-3 General Industrial District INTRODUCED [UNANIMOUS] Next: 7/25/2017 7:30 PM Ordinances for Second Reading Public Hearing: ORD Accepting an Access Easement from Water Tower Plaza LLC OPENED [UNANIMOUS]. There were no public comments. South Brunswick Township Page 6 Printed 6/29/2017

7 Motion was made to close the public portion CLOSED [UNANIMOUS] Ordinance : Accepting an Access Easement from Water Tower Plaza LLC WHEREAS, Water Tower Plaza, LLC has agreed to provide access across a portion of its property located at 3962 U.S. Route 1 (Block 85, Lot 7) to the Township of South Brunswick so that the Township has access to the water tower, communications tower and associated equipment on property owned by the Township located on Route 1 (Block 85, Lot 8.04); and WHEREAS, the Access Easement also provides for use of a portion of Lot 7 to position a crane on those occasions where a crane is necessary to service the water tower, communications tower and associated equipment on Lot 8.04; and WHEREAS, the Department of Law, Planning Department, Information Technology Manager and Water Utility Supervisor have reviewed the form of Access Easement and have approved of same as to form; and WHEREAS, it is in the best interests of the health, safety and welfare of the residents of South Brunswick to authorize and accept the Access Easement at this time; NOW THEREFORE BE IT ORDAINED by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, that: I. The Township of South Brunswick hereby authorizes and accepts the Access Easement on Block 85, Lot 7 (3962 U.S. Route 1), within the Township of South Brunswick, County of Middlesex, State of New Jersey, from Water Tower Plaza, LLC. II. The Mayor, Township Manager, Township's attorney and/or Township Clerk are hereby authorized to execute any and all documents necessary to accept said easement. III. If any clause, sentence, paragraph, section or part of this ordinance or any other codes or ordinances incorporated herein shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered. IV. This ordinance shall become effective twenty (20) days after its final passage. The above ordinance was introduced and passed on first reading at a regular meeting of the Township Council of the Township of South Brunswick held on May 9, 2017, and will be considered on second and final reading and final passage at a regular meeting of the Township Council of the Township of South Brunswick to be held at the Municipal Building, Monmouth Junction, New Jersey, at 7:30 p.m. on June 27, 2017, at which time and place any person having an interest therein will be given an opportunity to be heard. New Business - Consent Agenda Resolution : Authorizing a Contract with Evoqua Water Technologies LLC for Bioxide South Brunswick Township Page 7 Printed 6/29/2017

8 WHEREAS, the Township of South Brunswick has advertised for bids for Bioxide and bids were received on April 20, 2017; and WHEREAS, the lowest responsible bidder for Bioxide was Evoqua Water Technologies LLC, 2650 Tallevast Road, Sarasota, Florida 34243; and WHEREAS, the bids were reviewed by the Sewer Utilities Supervisor and the Purchasing Agent and same were found to be in order; and WHEREAS, the Sewer Utilities Supervisor has recommended that a contract be awarded to the above vendor on a unit price, open end contract basis as shown in Schedule A with a certification of the availability of funds being provided on each purchase order as supplies are required and prior to liability being incurred and the Township Manager has approved said recommendation; and WHEREAS, a certification of availability of funds will be provided by the Township Treasurer on each purchase order as supplies are required and prior to liability being incurred; and WHEREAS, the Department of Law has approved of said certification as to form; NOW, THEREFORE, BE IT RESOLVED on this 27th day of June, 2017 by the Township Council 1. A contract be and is hereby authorized with Evoqua Water Technologies LLC for Bioxide on a unit price, open end contract basis at unit prices as set forth in the annexed Schedule A. 2. These expenditures shall be charged to the appropriate accounts at the time of certification of availability of funds on each purchase order as supplies are required and prior to liability being incurred. 3. The Purchasing Officer is authorized to return the contract document fee and bid bonds to those qualified bidders who are entitled to a refund in accordance with the bid specifications. 4. The Township Manager or his designee and Township Clerk be and are hereby authorized to execute the contract. Resolution : Awarding a Contract to J&M Preservation Studio for Architectural, Engineering and Historic Preservation Services for the Mapleton Preserve WHEREAS, the Township wishes to retain a qualified engineering firm to provide specialized architectural, engineering and historic preservation services for the Mapleton Preserve Propagation House and a Greenhouse following a fair and open process, as defined by N.J.S.A. 19:44A-20.4, et seq.; and WHEREAS, the Township publicly advertised for this contract by posting a Request for Proposals ten (10) days prior to the award of the contract, in order to qualify persons and/or firms that (a) possess the professional, financial and administrative capabilities to provide the proposed services, and (b) obtain the terms and conditions determined by the Township to provide the greatest benefit to the taxpayers of South Brunswick; and WHEREAS, after reviewing the responses to the Request for Proposals, the Township has determined that J&M Preservation Studio has demonstrated the capability and willingness to provide high quality services to the citizens of the Township in the manner described in the Request for Proposals; and WHEREAS, J&M Preservation Studio has prepared a proposal dated May 3, 2017, to provide the necessary architectural, engineering and historic preservation services for restoration of the Propagation House and a Greenhouse located at the Mapleton Preserve in the amount of $79,368.75; and WHEREAS, funds are available for this purpose and a certification of availability of funds shall be provided by the Township Treasurer in Account No for $23,895.00, for $2, and for $53, by Joseph P. Monzo/jmb; and WHEREAS, the Department of Law is satisfied that said certification is in proper form; NOW, THEREFORE, BE IT RESOLVED on this 27th day of June, 2017, by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, as follows: 1. A contract with J&M Preservation Studios is hereby authorized to obtain the necessary architectural, engineering and historic preservation services for restoration of the Propagation House and a Greenhouse located at the Mapleton Preserve pursuant to its proposal dated May 3, This contract, in an amount not to exceed $79,368.75, shall be charged to Account No for $23,895.00, for $2, and for $53, South Brunswick Township Page 8 Printed 6/29/2017

9 3. This contract is awarded without competitive bidding pursuant the Local Unit Pay-To-Play Law (N.J.S.A. 19:44A-20-4, et seq.) Resolution : State of New Jersey Department of Environmental Protection Green Acres Enabling 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 South Brunswick has previously obtained a grant of $4,125, from the State to fund the following project(s): # Open Space Acquisition WHEREAS, the State and South Brunswick Township intend to increase Green Acres funding by $1,231,500.00; and WHEREAS, the applicant is willing to use the State s funds in accordance with its rules, regulations and applicable statutes, and is willing to enter into an Amendment of the Agreement with the State for the above-named project; NOW, THEREFORE, BE IT RESOLVED on this 27th day of June, 2017, by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, that: 1. The Township Manager of the Township of South Brunswick is hereby authorized to execute an agreement and any amendment thereto with the State known as Open Space Acquisition. 2. The applicant has its matching share of the project, if a match is required, in the amount of $1,231, 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. The applicant agrees to comply with all applicable federal, state, and local laws, rules, and regulations in its performance of the project. 5. This resolution shall take effect immediately. Resolution : Authorizing Release of Bonds for White Castle WHEREAS, the Township received a request from Kaplan Companies for release of bonds for the White Castle restaurant; and WHEREAS, currently, the Township has performance bond #CT in the amount of $37, and cash bond in the amount of $4, on file for this project; and WHEREAS, Accurate Engineering indicated in a letter dated May 25, 2017, that the proposed construction has been completed in accordance with the approved site plan, and it does not object to releasing the bonds at this time, subject to the posting of a two (2) year 15% maintenance bond in the amount of $6,262.99, which has already been provided to the Township; NOW THEREFORE BE IT RESOLVED on this 27th day of June, 2017, by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, that: 1. The Township Council hereby authorizes the release of bond #CT in the amount of $37, and cash bond in the amount of $4, to Kaplan Companies, subject to the posting of a two (2) year 15% maintenance bond in the amount of $6,262.99, which has already been provided to the Township. South Brunswick Township Page 9 Printed 6/29/2017

10 Resolution : Authorizing the Purchasing Officer to Purchase Office Equipment & Supplies Under State Contract WHEREAS, N.J.S.A. 40A:11-12 provides that any contracting unit may, without advertising for bids, purchase any materials, supplies or equipment under any contract entered into on behalf of the State by the Division of Purchase and Property in the Department of Treasury; and WHEREAS, the Township of South Brunswick, from time to time, needs to purchase miscellaneous equipment and supplies, computer equipment, telephone equipment, office equipment and radio equipment as specifically designated herein, under the appropriate State contracts for such items; and WHEREAS, the Information Systems Manager and Purchasing Agent have recommended that the designated office equipment and supplies be purchased under the following State contracts on an open end contract basis with a certification of availability of funds to be provided on each purchase order at the time such equipment and supplies are needed and before liability is incurred. Vendor State Contract # Not to Exceed Gold Type Business Machines, $100, Inc. (GTBM) 351 Paterson Avenue East Rutherford, NJ Total: $ 100, WHEREAS, the Township Manager has approved said recommendation; and WHEREAS, the Department of Law has approved of said certification as to form; NOW, THEREFORE, BE IT RESOLVED on this 27th day of June, 2017; by the Township Council 1. The Purchasing Officer is authorized to purchase office equipment and supplies from the above vendor under the appropriate State Contract. 2. These expenditures shall be charged to the appropriate accounts at the time of certification of availability of funds on each purchase order as Computer equipment & supplies, telephone equipment, office equipment and radio equipment are required and prior to liability being incurred. Resolution : Authorizing a Contract with the Lowest Responsible and Responsive Bidder for the Lease of a Fiber Optic Connection WHEREAS, on May 18, 2017 the Township accepted bids for one Leased Fiber Optic Connection on Contract No ; and WHEREAS, the lowest responsible bidder for one Leased Fiber Optic Connection was the Comcast Business Communications, LLC, 1701 JFK Boulevard, Philadelphia, Pennsylvania 19103; and WHEREAS, the Information Manager and the Purchasing Agent have both recommended that a contract be awarded to the Comcast Business Communications, LLC, as the lowest responsible and responsive bidder for a contract term of 5 years with a one time reconfiguration charge of $0.00 and a monthly amount of $ in accordance with the terms and conditions of the bid proposal; and WHEREAS, a certification of availability of funds shall be provided by the Township Treasurer on each purchase order as services are required and prior to liability being incurred; and WHEREAS, the Department of Law has approved of said certification as to form; NOW THEREFORE BE IT RESOLVED on this 27th day of June, 2017, by the Township Council 1. A contract shall be and is hereby authorized with Comcast Business Communications, LLC, for one Fiber Optic Connection for a five (5) year term, in accordance with the terms and conditions of the bid proposal and all minor irregularities are hereby waived. South Brunswick Township Page 10 Printed 6/29/2017

11 2. This expenditure shall be charged to the appropriate account at the time of certification of availability of funds on each purchase order as services are required and prior to liability being incurred. 3. The Purchasing Agent is authorized to return the contract document fee and bid bonds to those qualified bidders who are entitled to a refund in accordance with the bid specifications. 4. The Township Manager or his designee and the Township Clerk shall be and are hereby authorized to execute the contract. Resolution : Authorizing Anthony M. Campisano, Esq., to Acquire Easements Related to the Joint Force Main New Brunswick Rehabilitation Project WHEREAS, Anthony M. Campisano, Esq., was appointed as the Assistant Township Attorney by resolution dated January 3, 2017, following a fair and open process, as defined by N.J.S.A. 19:44A- 20.4, et seq.; and WHEREAS, the contract calls for Anthony M. Campisano, Esq., to perform legal services described in Section 14-7A (4) of the Code of the Township of South Brunswick for an hourly fee, together with out-of-pocket costs and expenses; and WHEREAS, Anthony M. Campisano, Esq., has indicated that he can represent the Township in the acquisition of the necessary easements for the Joint Force Main New Brunswick Rehabilitation Project; and WHEREAS, this expenditure shall be paid at the rate of $ per hour, for an amount not to exceed $5,000.00; and WHEREAS, funds are available for this purpose and a certification of availability of funds has been provided by the Township Treasurer from Ord , Account No by Joseph P. Monzo/jmb; And WHEREAS, the Department of Law is satisfied that said certification is in proper form; NOW THEREFORE BE IT RESOLVED on this 27th day of June, 2017, by the Township Council 1. A contract shall be and is hereby authorized with Anthony M. Campisano, Esq., to acquire the necessary easements for the Joint Force Main New Brunswick Rehabilitation Project at the rate of $ per hour, not to exceed $5, The contract is awarded without competitive bidding as a Professional Service under the provisions of the Local Unit Pay-to-Play Law. 3. This contract shall be charged to Ord , Account No Resolution : Authorizing the Cancellation of Property Taxes Billed on Property Now Owned by the Township of South Brunswick WHEREAS, property has been acquired by the Township of South Brunswick, and WHEREAS, there exists billed and unpaid property taxes on each of these properties which are now deemed uncollectible due to the transfer of ownership to the said Governmental Agencies on the dates listed below, and; WHEREAS, there exists billed and unpaid property taxes on each of these properties which are now deemed uncollectible due to the transfer of ownership to the Township of South Brunswick, and; WHEREAS, it is the desire of the Township Council of the Township of South Brunswick to cancel these unpaid, uncollectible property taxes as listed; Block Lot Qual. Owner/Property Location Deed Date Tax Year Amount South Brunswick Twp 5/23/ (1Q) $1, M-7 Quincy Circle 2017 (2Q) 1, Total $2, South Brunswick Township Page 11 Printed 6/29/2017

12 South Brunswick Twp 6/1/ (1Q) $1, Bayberry Court 2017 (2Q) 1, Total $2, South Brunswick Twp* 5/25/ (1Q) $1, Elm Court 2017 (2Q) 1, Total $2, *Property purchased by M. Moynihan on 3/15/17, will received an added assessment in October, South Brunswick Twp 5/3/ (1Q) $1, Beechwood Court 2017 (2Q) 1, Total $2, South Brunswick Twp 6/6/ (1Q) $1, Cottonwood Court 2017 (2Q) 1, Total $2, NOW, THEREFORE, BE IT RESOLVED on this 27th day of June 2017, by the Township Council of the Township of South Brunswick, the County of Middlesex, State of New Jersey, that these property taxes are hereby canceled and the Township Tax Collector is hereby released from the collection of the same. Resolution : Rejecting All Bids for Restroom/Concession/Storage Facility at Harvest Woods Park WHEREAS, on June 1, 2017, the Township accepted bids for the Restroom/Concession/Storage Facility at Harvest Woods Park project; and WHEREAS, there were five bids received; and WHEREAS, the bid submitted by the apparent low bidder, Catel, Inc., did not contain a Township of South Brunswick Contractor Responsibility Certification form as required pursuant to South Brunswick Code Section ; and WHEREAS, the Township Council hereby determines that the bid of Catel,Inc. shall be rejected since the bid submitted did not contain a Township of South Brunswick Contractor Responsibility Certification form as required pursuant to South Brunswick Code Section ; and WHEREAS, the bids submitted by the other four bidders all exceeded the available amount of funding for this project; and WHEREAS, the Township Council hereby determines that it is in the best interest of the Township to reject all bids; NOW THEREFORE BE IT RESOLVED on this 27th day of June, 2017, by the Township Council 1. The bid submitted by Catel is hereby rejected as non-responsive pursuant to South Brunswick Code Section for its failure to submit a Township of South Brunswick Contractor Responsibility Certification form. 2. The remaining four bids are hereby rejected because they exceed the available funding for this project in accordance with N.J.S.A. 40A: b. Resolution : Authorizing Execution of the FY2018 Municipal Alliance Contract with the County of Middlesex WHEREAS, the County of Middlesex has received a grant from the State of New Jersey - Governor s Council on Alcoholism and Drug Abuse to be used for alcoholism and drug abuse prevention and education services to residents of Middlesex County; and WHEREAS, the County of Middlesex desires to contract with the Township of South Brunswick for such services to Township residents through a FY2018 Municipal Alliance Contract; and South Brunswick Township Page 12 Printed 6/29/2017

13 WHEREAS, pursuant to the FY2018 Contract, the County will provide grant monies totaling $43, in quarterly installments to the Township of South Brunswick; and WHEREAS, pursuant to the FY2018 Contract, the Township of South Brunswick will provide cash and in-kind services valued at $43,241.00; NOW, THEREFORE, BE IT RESOLVED on this 27th day of June, 2017, by the Township Council 1. The FY2018 Municipal Alliance contract is hereby authorized with the County of Middlesex. 2. The Mayor and Township Clerk are hereby authorized to execute the contract. 3. This expenditure shall be charged to the appropriate account at the time of certification of availability of funds on each future purchase order submitted as required and prior to liability being incurred. Resolution : Correcting the Resolution Authorizing Release of Bonds for South Brunswick Manor, Inc. WHEREAS, the Township received a request from Deven Schmitt, P.E. of Bridge Development Partners, LLC, requesting a release of bonds for South Brunswick Manor, LLC; and WHEREAS, currently, the Township has the below listed bonds on file for this project: 90% Performance Bond 10% Cash Bond 100% Bond Public Improvements $118, $13, Site Restoration $106, Incomplete Site Work $ 80, WHEREAS, CME Associates indicated in a letter dated May 15, 2017, that since a CO was issued for this project and all punchlist items have been addressed, that it did not object to releasing the bonds at this time, subject to the posting of a two (2) year 15% maintenance bond in the amount of $19, for the public improvements; and WHEREAS, the Township Council authorized a release of the bonds consistent with this recommendation by way of resolution dated May 23, 2017; however, there was a typographical error in the amount indicated on the previous resolution for the 90% performance bond, and the amount of the 90% performance bond to be released at this time should be indicated as $118,365.29; and WHEREAS, all remaining amounts reflected in the previous resolution are correct and should be released at this time; NOW THEREFORE BE IT RESOLVED on this 27th day of June, 2017, by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, that: 1. The Township Council hereby authorizes the release of the above mentioned bonds for South Brunswick Manor, LLC, subject to the posting of a two (2) year 15% maintenance bond in the amount of $19, for the public improvements. Resolution : Authorizing an Agreement for the Operation and Provision of Wellness Center Services at the Township Senior Center WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-4.1, provides that the Township may utilize competitive contracting pursuant to N.J.A.C. 5:34-4, et seq., for the provision and operation of a wellness facility; and WHEREAS, on May 11, 2017, the Township Council authorized a competitive contracting process pursuant to N.J.A.C. 5:34-4, et seq., for the provision and operation of a wellness facility; and WHEREAS, on June 6, 2017, the Township accepted proposals for the provision and operation of a wellness facility; and WHEREAS, the Township Council hereby determines that competitive contracting is appropriate to meet the needs of the Township to provide and operate a wellness center since it involves a South Brunswick Township Page 13 Printed 6/29/2017

14 concession related to the performance of patient care services by contracted medical staff; and WHEREAS, the Township Manager has recommended that a contract be awarded to Princeton HealthCare System as the most responsible and responsive bidder for the provision and operation of a wellness facility; NOW THEREFORE BE IT RESOLVED this 27th day of June, 2017, by the Township Council of the Township of South Brunswick, County of Middlesex, State of New Jersey, that: 1. A contract be and is hereby authorized with Princeton HealthCare System for the provision and operation of a wellness facility for a term of three (3) years, with two (2) one-year options, beginning July 1, The Township Manager or his designee and the Township Clerk shall be and are hereby authorized to execute the contract. 3. The Township Clerk shall publish notice in the Home News Tribune. Notice shall include but not be limited to the nature, duration and amount of the contract, the name of the vendor and a statement that the resolution and contract are on file and available for public inspection in the office of the Township Clerk. Resolution : Authorizing Change Order Nos. 1 and 2 of the Contract with Reivax Contracting for the Utility Building Ramp Repairs Project WHEREAS, the Township Council authorized a contract with Reivax Contracting for the Utility Building ramp repairs project in the amount of $295, by way of resolution dated February 14, 2017; and WHEREAS, the consulting engineer overseeing the project recommends approval of Change Order No. 1 for damage to the Fiber Optic cable, resulting in a decrease in the amount of $1,532.34; and WHEREAS, the consulting engineer overseeing the project recommends approval of Change Order No. 2 for additional work requested by the Township, increasing the contract by $7,380.00; and WHEREAS, the amount for these two change orders results in a net increase of $5,847.66, for a total contract amount of $301,347.66; and WHEREAS, funds are available for this purpose and a certification of availability of funds has been provided by the Township Treasurer from Account # by Joseph P. Monzo/jmb; and WHEREAS, the Department of Law is satisfied that said certification is in proper form; and WHEREAS, the Township Manager has certified that the changes in this request for Change Orders are within the scope of activities of the original contract and not for the purpose of undertaking new or different work or projects and that the proposed Change Orders are allowable under Local Finance Board and Division of Local Government Services Regulations; NOW THEREFORE BE IT RESOLVED on this 27th day of June, 2017, by the Township Council 1. The Township Council hereby approves Change Orders #1 and #2 with Reivax Contracting for the Utility Building ramp repairs project. 2. The amount of these two change orders results in a net increase of $5,847.66, for a total contract amount of $301, This expenditure shall be charged to Account # Resolution : Authorizing Change Order Nos. 1 and 2 of the Contract with VMG Group for the Municipal Building Roof Repairs Project WHEREAS, the Township Council authorized a contract with VMG Group for the Municipal Building roof repairs project in the amount of $83, by way of resolution dated December 13, 2016; and WHEREAS, VMG Group requests approval of Change Order No. 1 for repairs needed on the roof South Brunswick Township Page 14 Printed 6/29/2017

15 for the Police Department wing, increasing the contract by an additional $4,775.49; and WHEREAS, VMG Group requests approval of Change Order No. 2 for replacement of walkway pads on the roof for both the main building and the Police Department wing, increasing the contract by an additional $8,395.23; and WHEREAS, the additional work requested is as a result of conditions found during the course of the contract work that were unforseen but that are necessary in order to complete the contract; and WHEREAS, the amount for these two change orders results in a net increase of $13,170.72, for a total contract amount of $96,170.72; and WHEREAS, funds are available for this purpose and a certification of availability of funds has been provided by the Township Treasurer from Account # by Joseph P. Monzo/jmb; and WHEREAS, the Department of Law is satisfied that said certification is in proper form; and WHEREAS, the Department of Public Works has requested that the Change Orders be approved so that the work can be completed; and WHEREAS, the Township Manager has certified that the changes in this request for Change Orders are within the scope of activities of the original contract and not for the purpose of undertaking new or different work or projects and that the proposed Change Orders are allowable under Local Finance Board and Division of Local Government Services Regulations; NOW THEREFORE BE IT RESOLVED on this 27th day of June, 2017, by the Township Council 1. The Township Council hereby approves Change Orders #1 and #2 with VMG Group for the Municipal Building roof repairs project. 2. The amount of these two change orders results in a net increase of $13,170.72, for a total contract amount of $96, This expenditure shall be charged to Account # Resolution : Increasing the Contract with Montana Construction for Emergency Repairs to the South Brunswick Township Sewer Line Located Along Route 1 in New Brunswick WHEREAS, on March 21, 2017, the Township's Utilities Department responded to a call that the manhole on the 24" sanitary sewer force main located near the Route 1 and Route 18 intersection in New Brunswick, NJ, collapsed inward due to the age and corrosion damage to portions of the line, causing a sink hole of approximately 12' x 12' in size on the north end of Regency Drive of the Raritan Crossing apartment complex; and WHEREAS, Montana Construction responded to the site and provided the necessary emergency work, which included excavating the collapsed manhole and removal of a portion of force main and connecting a temporary line to the force main to extend to the MCUA Meter Pit; and WHEREAS, N.J.S.A. 40A:11-6 allows a municipality to award a contract on an emergency basis without public advertising for bids and bidding; and WHEREAS, a contract was awarded to Montana Construction to provide the necessary emergency work in the amount of $40, and $150, for follow-up work, for a total contract amount not to exceed $190, by way of a resolution dated April 4, 2017; and WHEREAS, at the time of the initial response, Montana Construction indicated that follow-up work was necessary which included replacement of manholes, and installation of a transition manhole, as well as replacement of parts of the 24 sanitary sewer force main; and WHEREAS, although the initial temporary work was completed, unfortunately the follow-up repair work has been delayed, as the Middlesex County Utilities Authority has required several design changes to the planned force main repair; and WHEREAS, Montana Construction has reviewed the revised design of the force main and has provided a revised quote for the follow-up work in the amount of $360,000.00, increasing the contract an additional $210,000.00; and WHEREAS, the Sewer Division Supervisor and Alaimo Associates, the consulting engineer on this project, have both certified that the conditions in the field present a continuing emergency that must be addressed immediately, and have recommended approval of the revised proposal submitted by Montana Construction; and South Brunswick Township Page 15 Printed 6/29/2017

16 WHEREAS, funds are available for this contract and a certification of availability of funds has been provided by the Township Treasurer from Ord , Account # by Joseph P. Monzo/jmb; and WHEREAS, the Department of Law is satisfied that said certification is in proper form; and WHEREAS, the Township Manager has certified that the changes in this request are within the scope of activities of the original contract and not for the purpose of undertaking new or different work or projects and that the proposed work is allowable under Local Finance Board and Division of Local Government Services Regulations; NOW, THEREFORE, BE IT RESOLVED on this 27th day of June, 2017, by the Township Council 1. The contract with Montana Construction for repairs to the sanitary sewer force main located near the Route 1 and Route 18 intersection in New Brunswick, NJ, shall be and is hereby amended, increasing the contract by an additional $210,000.00, for a total contract amount of $360, The contract shall be paid from Ord , Account # The contract is awarded pursuant to N.J.S.A. 40A:11-6, which allows a municipality to award contracts on an emergency basis without public advertising for bids and bidding. Resolution : Declaring August 1, 2017 as "National Night Out" WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime and drug prevention program on Tuesday, August 1, 2017, called National Night Out ; and WHEREAS, the 34th Annual National Night Out provides a unique opportunity for South Brunswick Township to join forces with thousands of other communities across the country in promoting cooperative, police community crime prevention efforts; and WHEREAS, South Brunswick Township plays a vital role in assisting the Police Department through joint crime, drug and violence prevention efforts in South Brunswick Township, County of Middlesex and is supporting National Night Out 2017 locally; and WHEREAS, it is essential that all citizens of South Brunswick be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime, drugs, and violence in South Brunswick; and WHEREAS, Police Community Partnership, Neighborhood Safety, Awareness and Cooperation are important themes of the National Night Out program; NOW, THEREFORE, BE IT RESOLVED on this 27 th day of June, 2017, by the Township Council 1. Tuesday, August 1, 2017, shall be known as National Night Out in South Brunswick Township. 2. The Mayor and Township Council urge all citizens of South Brunswick to join the South Brunswick Police Department and the National Association of Town Watch at Rowland Park on August 1, 2017 in support of the 34th Annual National Night Out. Resolution : Authorizing an Application To the State of New Jersey Department of Community Affairs For Funding in the Year for The Recreational Opportunities for Individuals with Disabilities Grant WHEREAS, the Township of South Brunswick Department of Parks and Recreation ( Township ) desires to apply for and obtain a grant from the State of New Jersey, Department of Community Affairs for funding in the approximate amount of $5, State share, with an approximate $17, local share, for a total contract of $22, for the year ; and WHEREAS, participation in this grant program would enable the Township to provide integrated and specialized community-based programs and activities for youth and adult constituents with multiple, developmental, physical disabilities, and WHEREAS, individuals participating in these programs would have the opportunity for South Brunswick Township Page 16 Printed 6/29/2017

17 participation in recreational, cultural, educational, and social activities which provide experiences for enjoyment, success and acquisition of skills, and which provide access to community-based services; and WHEREAS, it is in the best interest of the Township to apply for the grant so as to implement the above mentioned programs; NOW, THEREFORE BE IT RESOLVED on this 27th day of June, 2017 by the Township Council 1. The application for the grant is hereby authorized, and 2. The Township recognizes that the Department of Community Affairs may offer a lesser or greater amount and therefore upon receipt of the grant agreement from the New Jersey Department of Community Affairs does further authorize execution of any such grant agreement; and 3. Upon receipt of the fully executed agreement from the New Jersey Department of Community Affairs, the Township of South Brunswick does further authorize the expenditure of funds pursuant to the terms of the agreement between the Township and the New Jersey Department of Community Affairs; and 4. A certified copy of this resolution shall be submitted to the Department of Parks and Recreation to accompany the Grant Application; and 5. The state grant funding and local match shall be added to the ROID Grant account to be utilized for 2017 and 2018 S & W and Operating expenses of the ROID grant of the Parks and Recreation Department in amounts to be determined by the Director of Parks and Recreation; and 6. The Township Manager and Clerk whose name, titles and signatures appear below are authorized to sign the application, and they or their successors in said titles are authorized to sign the agreement and any other documents necessary in connection therewith: Resolution : Certifying the 2017 Amount to be Raised by Taxation for School Purposes WHEREAS, the Middlesex County Board of Taxation has requested that the Township Council of the Township of South Brunswick certify the amount to be raised by taxation for school purposes from January 1, 2017 to June 30, 2017, and from July 1, 2017 to December 31, 2017; NOW, THEREFORE, BE IT RESOLVED on this 27th day of June, 2017, by the Township Council There be raised, approved, and collected for the School District of South Brunswick Township the following amounts: January 1, 2017 to June 30, 2017 $54,985, July 1, 2017 to December 31, 2017 $56,340, TOTAL 2017 TAX LEVY $111,326, BE IT FURTHER RESOLVED, that the said aggregated sum of $111,326, be certified by the Township Clerk to the Middlesex County Board of Taxation; and BE IT FURTHER RESOLVED, that this resolution shall take effect immediately and that certified copies of this resolution be sent to the Middlesex County Board of Taxation, the Board of Education of the School District of South Brunswick Township, the County Superintendent of Schools, and the Assessor of South Brunswick Township. Resolution : Authorizing and Ratifying Tax Appeal Settlements WHEREAS, by resolution dated January 3, 2017, Keith Fasanella, the Tax Assessor, was authorized to execute and/or approve Stipulations of Settlement on behalf of the Township in certain matters pending before the Middlesex County Tax Board, the New Jersey Tax Court and/or Appellate Courts, without further approval of the Township Council, in any appeal where the total refund does not exceed $25,000 per tax year or where the total reduction of actual value for the property at issue does not exceed 15%; and South Brunswick Township Page 17 Printed 6/29/2017

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