Franklin Township

Transcription

Franklin Township

TOWNSHIP OF FRANKLIN
Township Council
Agenda
Tuesday, October 28, 2014
1.
Call to Order
2.
Pledge of Allegiance
3.
Invocation - Councilman Wright
4.
Roll Call
5.
Commendations/Proclamations
a) Commendation - Retirement of Sue van Aken
b) Red Ribbon Week Proclamation (with Red Ribbon Poster Contest Winner)
c) Commendation for Redev Group, LLC (Francois)
d) Week of the People Commendations (Francois)
e) Domestic Violence Awareness Month (Regan)
f) Diwali Proclamation (Prasad)
g) Extra Mile Day Proclamation (Levine)
h) 2014 Drive Sober or Get Pulled Over Year End Holiday Crackdown Proclamation
6.
Mayor's Report
7.
Deputy Mayor's Report
8.
Public Discussion
9.
Standing Committee Reports
a) Administration
b) Financial Oversignt
c) Public Safety
d) Land Use, Open Space, Parks & Recreation
e) Public Works
10.
Council Comments
11.
Township Manager's Report
12.
Council Discussion Items
a) 2014 Flood Mitigation Status Report
b) 2014 Best Practices Inventory
c) Change of Polling Location - Consolata Missions to Franklin Park School - Districts 3034
13.
Approval of Minutes - None Submitted
14.
Approval of Warrants
a) Approval of Warrants - 10/28/14
15.
Public Hearing and Adoption of Ordinances on Second Reading
a) Ordinance #4087-14 - An Ordinance Amending the Code of the Township of Franklin,
County of Somerset, State of New Jersey, More Particularly Appendix Chapter A401,
Telecommunications Franchise, Amending Appendix Article VI, Level 3 Communications,
LLC.
16.
Ordinances on Introduction and First Reading
a) Ordinance #4089-14 - An Ordinance Amending the Code of the Township of Franklin,
County of Somerset, State of New Jersey, More Particularly Code Chapter 112, Land
Development, Article XXXVIII, Provisions Applicable to Planning Board and Zoning Board
Of Adjustment, to Require Submission of Digital Copies of Application Materials.
17.
Consent Agenda Resolutions
a) Resolution #14-504 - Authorize Tax Title Lien Redemptions
b) Resolution #14-505 - Adjust Water Charges - Mabel Arinzeh - 24 Leupp Lane,
Somerset
c) Resolution #14-506 - Adjust Water Charges - Javed Khan - 63 Winding Way, Princeton
d) Resolution #14-507 - Authorize Refund of Tax/Water Overpayments
e) Resolution #14-508 - Award State Contract - 3 Station Folder Inserter - Government
Orders - Tax Collector Office - Amount Not to Exceed $12,426.00
f) Resolution #14-509 - Extend Contract - Transmitters for Fixed-Based Meter Reading
System - HD Supply Waterworks, LTD - Not to Exceed $240,000.00
g) Resolution #14-510 - Authorize Release of Winter Bonds
h) Resolution #14-511 - Authorize Release of Planning Review Escrows
i) Resolution #14-512 - Authorize Performance Bond Release - Folafunmi Odukoya Docket No. BRA12-046 - $41,481.60
j) Resolution #14-513 - Authorize the Bidding and Sale of Plenary Retail Consumption
Liquor License
k) Resolution #14-514 - Authorize Renewal of 2014-15 Plenary Retail Consumption
License No. 1808-33-043-001 - Zelekowitz, Jeffrey & Zelekowitz, Neil
l) Resolution #14-515 - Award Bid (B14-29HE) - Property Cleanup, As Needed December 1, 2014 to November 30, 2016
m) Resolution #14-516 - Confirm Appointment of Municipal Judge - Michael Fedun Unexpired Three (3) Year Term Ending November 4, 2015
n) Resolution #14-517 - Authorizing Execution of Subordination and Interceptor
Agreement - Independence Crossing
o) Resolution #14-518 - Imploring the Somerset County Planning Board to Resolve the
Issues Regarding the Polize ("Somerset Diner") Subdivision, 935 & 1045 Easton Avenue
p) Resolution #14-519 - Resolution of the Township of Franklin, in the County of
Somerset, New Jersey Directing the Undertaking of a Continuing Disclosure Review and
Authorizing Participation in the "Municipalities Continuing Disclosure Cooperation"
Initiative of the Division of Enforcement of he U.S. Securities Exchange Commission
q) Resolution #14-520 - Authorize Display of Fireworks - The Palace at Somerset Park
(November 2014)
r) Resolution #14-521 - Authorize Submission & Execution of Grant - 2014 Drive Sober
or Get Pulled Over Year End Holiday Crackdown - $7,500.00 - December 5, 2014 to
January 2, 2015
18.
Resolutions, Voted On Separately - None
19.
Old Business
a) 2014 Boards and Commissions Vacancies
20.
Executive Session
21.
Adjournment
5.a
Township Council
475 DeMott Lane
Somerset, NJ 08873
Meeting: 10/28/14 07:00 PM
Department: Township Council
Category: Proclamation/Commendation
Prepared By: Ann Marie Marie McCarthy
SCHEDULED
Initiator: Ann Marie Marie McCarthy
Sponsors:
AGENDA ITEM 2014-63
DOC ID: 3342
Commendation - Retirement of Sue van Aken
WHEREAS, Sue van Aken has served the Township of Franklin working in the
Recreation Department as ____________ since October 22, 1984, and will retire
effective October 31, 2014; and
WHEREAS, Sue, with enthusiasm and effectiveness, made an excellent and
constructive contribution to our community; and
WHEREAS, through various endeavors, she has won the highest regard of all
her peers and the admiration of citizens throughout the community;
NOW, THEREFORE, I, Brian D. Levine, Mayor of the Township of Franklin,
County of Somerset, State of New Jersey, on behalf of the Township Council and
all our citizens extend our deep appreciation for her distinguished service, and
best wishes for continued success in all her future endeavors.
As requested by Alice Osipowitz, Recreation Director.
Updated: 10/24/2014 2:38 PM by Ann Marie Marie McCarthy
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5.b
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
Meeting: 10/28/14 07:00 PM
Sponsors:
AGENDA ITEM 2014-64
DOC ID: 3334
Red Ribbon Week Proclamation
WHEREAS, Alcohol and drug abuse in this Nation have reached epidemic stages; and
WHEREAS, It is imperative that visible, unified prevention education efforts by community
members be launched to eliminate the demand for drugs; and
WHEREAS, The National Red Ribbon Campaign offers citizens the opportunity to demonstrate
their commitment to drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and
WHEREAS, The National Red Ribbon Campaign will be celebrated in every community in America
during Red Ribbon Week, October 23-31; and
WHEREAS, business, Government, parents, law enforcement, media, medical institutions,
religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their
commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long
campaign; and
WHEREAS, the community of the Township of Franklin further commits its resources to ensure
the success of the Red Ribbon Campaign;
NOW, THEREFORE, BE IT RESOLVED, I, Brian D. Levine, Mayor of the Township of Franklin,
on behalf of the Township Council, do hereby proclaim October 23-31, as RED RIBBON WEEK, and
encourages its citizens to participate in drug prevention education activities, not only during Red Ribbon
Week, but all year long, making a visible statement that we are strongly committed to a drug-free
Franklin Township.
As requested by Alice Osipowitz, Recreation Director.
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5.c
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
Meeting: 10/28/14 07:00 PM
Sponsors:
AGENDA ITEM 2014-65
DOC ID: 3336
Commendation for Redev Group, LLC (Francois)
WHEREAS, on April 21, 2003, the Redevelopment Agency of Franklin Township (the
“Agency”) entered into a Redevelopment Agreement with a redeveloper for the redevelopment of
lots 1, 2, 3, 4, 237.02, 236.01 and 238.92 in block 171.02 in the form of 116 owner-occupied
attached dwelling units on the 6.962-acre site; and
WHEREAS, the original redeveloper started but did not finish the redevelopment project
and the site was left in an abandoned, unfinished and unsightly condition for a number of years;
and
WHEREAS, the Agency was approached by several potential redevelopers seeking to
convert the development from an owner-occupied development into a rental development; and
WHEREAS, while the Agency desired to have the site redeveloped as soon as possible,
the Agency, following the lead of the Agency Chairman Michael Gianotto, held fast to its
position that the site be developed with owner-occupied market-rate housing as such housing
would be consistent with the nature of the area and would better aid in the revitalization and
stabilization of the neighborhood; and
WHEREAS, Redev Group, LLC approached the Agency with a well thought-out and
ultimately convincing proposal wherein they would market the site, in various very specific ways,
for owner-occupied housing but would be permitted to convert the development to rental only if
all such marketing for owner-occupied housing failed; and
WHEREAS, Redev Group, LLC also agreed to a number of project improvements
including: reduction in the number of buildings and units (down to 106 units), construction of a
tot lot and additional visitor parking, various aesthetic improvements to the Douglas Avenue
entrance, restricting the driveway entrance from Henry Street (via an easement through "Melissa
Meadows") to emergency vehicles only, and various aesthetic improvements to the site's
Somerset Street frontage; and
WHEREAS, as promised, Redev Group, LLC aggressively marketed the site for owneroccupied housing and such efforts were rewarded with a successful owner-occupied housing
development that is nearly completed and sold-out; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council, on behalf of
Redevelopment Agency of Franklin Township that it hereby commends Redev Group, LLC
successfully and faithfully fulfilling their commitment to the Agency to aggressively market
site for owner-occupied housing and for redeveloping the formerly-blighted site into
attractive owner-occupied residential development that will aid in the revitalization of
Renaissance Redevelopment Area.
the
for
the
an
the
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5.c
Agenda Item 2014-65
Meeting of October 28, 2014
As requested by Councilwoman Kimberly Francois.
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5.d
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
Meeting: 10/28/14 07:00 PM
Sponsors:
AGENDA ITEM 2014-66
DOC ID: 3341
Week of the People Commendations (Francois)
See attached.
See attached.
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5.d.a
Franklin Township
SOMERSET COUNTY
MAYOR AND TOWNSHIP COUNCIL
Attachment: WOP - 2014 (2014-66 : Week of the People Commendations (Francois))
COMMENDATION
We, Brian D. Levine, Mayor & Kimberly
Francois, Councilwoman of the Township of
Franklin, in the County of Somerset, State of New
Jersey
on behalf of the Township Council and all residents of the
Township of Franklin, do hereby extend to
A&T Mechanical, LLC
appreciation and commendation for their donation and
contribution in making the
2014 Week of the People Celebration
an overwhelming success.
Mayor Brian D. Levine
Councilwoman Kimberly Francois
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
Investors Bank
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
McDonald’s, Easton Avenue
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
Frank’s Building Supplies
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
Township Pharmacy
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
Café Amici Pasta & Pizza
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
KFC
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
Frito Lay
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
P.I.M. Brands, LLC
October 28, 2014
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5.d.a
Franklin Township
SOMERSET COUNTY
COMMENDATION
Jersey
Marium Marset of RWJ University Hospital
October 28, 2014
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5.e
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
Meeting: 10/28/14 07:00 PM
Sponsors:
AGENDA ITEM 2014-67
DOC ID: 3335
Domestic Violence Awareness Month (Regan)
WHEREAS, violence against women, children, and men continues to become more prevalent as a social
problem in our society; and
WHEREAS, the problems of domestic violence are not confined to any group or groups of people but
across all economic, racial and societal barriers, and are supported by societal indifference; and
WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security, and
humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and/or
abuse, with impact of this crime being wide-ranging; and
WHEREAS, everyone deserves to live a life free from the fear o being hurt or killed by people who
are supposed to love them; and
WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence, we
must also meet the needs of victims of domestic violence who often suffer grave physical, psychological and
financial losses; and
WHEREAS, it is victims of domestic violence themselves who have been in the forefront of efforts to
bring peace and equality to the home; and
WHEREAS, the Resource Center of Somerset has been serving people affected by domestic violence
for over 36 years; and
WHEREAS, the Resource Center of Somerset agency services include emergency shelter, legal
advocacy, outreach counseling, community education, volunteer Domestic Violence response Teams working with
local police departments, and more; and
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Agenda Item 2014-67
WHEREAS, the Resource Center of Somerset provides services to survivors of domestic abuse women, men and children - free-of-charge, and in English and Spanish;
NOW, THEREFORE, WE, Brian G. Regan, Deputy Mayor and Brian D. Levine, Mayor, on behalf of the
Township Council do hereby proclaim the month of October to be National Domestic Violence Awareness
Month in our community, and do hereby commend the efforts of the Resource Center of Somerset in aiding
victims of domestic violence; and to promote the Resource Center of Somerset 24-Hour Hotline at 866-6851122.
A
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5.f
Township Council
475 DeMott Lane
Somerset, NJ 08873
Meeting: 10/28/14 07:00 PM
SCHEDULED
AGENDA ITEM 2014-68
Sponsors:
DOC ID: 3337
Diwali Proclamation (Prasad)
WHEREAS, Diwali is a festival of lights, during which celebrants light small oil lamps,
place them around the home, and pray for health, knowledge and peace; and
WHEREAS, celebrants of Diwali believe that rows of lamps symbolize the light within the
individual that rids the soul of the darkness of ignorance; and
WHEREAS, Diwali falls on the last day of the last month in the lunar calendar and is
celebrated as a day of thanksgiving and the beginning of the new year for many Hindus; and
WHEREAS, for Hindus, Diwali is a celebration of the victory of good over evil; and
WHEREAS, for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or
revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir;
and
WHEREAS, for Jains, Diwali marks the anniversary of the attainment of moksha or
liberation by Lord Mahavira, the last of the Tirhankaras, who were the great teachers of Jain
dharma, at the end of his life in 527 B.C.;
NOW, THEREFORE, I, MAYOR BRIAN D. LEVINE and COUNCILMAN RAJIV
PRASAD, on behalf of the Township Council of the Township of Franklin, County of Somerset and
State of New Jersey, do hereby recognize October 23 through October 27 as “Diwali 2014” in the
Township of Franklin and call upon its residents to observe and celebrate Diwali with various
activities and programs to learn about its religious and historical significance.
As requested by Councilman Rajiv Prasad.
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Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
Meeting: 10/28/14 07:00 PM
Sponsors:
AGENDA ITEM 2014-69
DOC ID: 3340
Extra Mile Day Proclamation (Levine)
WHEREAS, the Township of Franklin is a community which acknowledges that a
special vibrancy exists within the entire community when its individual citizens collectively
“go the extra mile” in personal effort, volunteerism, and service; and
WHEREAS, the Township of Franklin is a community which encourages its citizens
to maximize their personal contribution to the community by giving of themselves
wholeheartedly and with total effort, commitment, and conviction to their individual
ambitions, family, friends, and community; and
WHEREAS, the Township of Franklin is a community which chooses to shine a light
on and celebrate individuals and organizations within its community who “go the extra mile”
in order to make a difference and lift up fellow members of their community; and
WHEREAS, the Township of Franklin acknowledges the mission of Extra Mile
America to create 500 Extra Mile cities in America and is proud to support “Extra Mile
Day” on November 1, 2014.
NOW THEREFORE, I, Brian D. Levine, Mayor of the Township of Franklin, on
behalf of the Township Council do hereby proclaim November 1, 2014, to be Extra Mile
Day. I urge each individual in the community to take time on this day to not only “go the
extra mile” in his or her own life, but to also acknowledge all those who are inspirational in
their efforts and commitment to make their organizations, families, community, country,
or world a better place.
Emailed to Mayor:
On November 1, 2013, 444 cities declared Extra Mile Day and recognized the individuals and
organizations in their local community who were creating positive change by “going the extra
mile” and making a difference.
We wish Franklin had been counted as one of those cities, but we have our hopes high that in
2014 you will be.
I am writing to request a proclamation to declare November 1, 2014, Extra Mile Day.(Sample
proclamation language is included at the end of this email.)
Extra Mile America (www.ExtraMileAmerica.org <http://www.extramileamerica.org/>) is
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Agenda Item 2014-69
unwavering in its commitment to remind individuals and organizations that creating positive
change is not just a water cooler topic, but it is unselfishly tied to go-the-extra-mile action. We
continue to be an organization that casts a bright light on the cities and the “Extra Mile Heroes”
and change-makers in those cities whose contribution and service make the world a better
place.
We would be elated if you would join us on Extra Mile Day 2014.
Finally, Extra Mile America was founded by a single individual, Shawn Anderson, who believes
that one person…one organization…one community…has the power to positively change the
world. Having grown from 23 participating cities in its 2009 inaugural year, it is projected that
500 cities will participate this year. One does make a difference…and so does YOUR
involvement.
We greatly hope that you will join us this year. If there is anything we can do to help you get
onboard, we are happy to do whatever we can to make it happen.
We look forward to “going the extra mile” with you!
With gratitude,
Christine Ott
[email protected] <mailto:[email protected]>
310-619-3205
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5.h
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
AGENDA ITEM 2014-70
Meeting: 10/28/14 07:00 PM
Sponsors:
DOC ID: 3345
2014 Drive Sober or Get Pulled Over Year End Holiday
Crackdown Proclamation
WHEREAS, local police will be out in force as part of the annual statewide “2014 Drive
Sober or Get Pulled Over Year End Holiday Crackdown” on impaired driving; and
WHEREAS, the crackdown will include high-visibility enforcement throughout Franklin
Township, and will run from December 5, 2014 through January 2, 2015; and
WHEREAS, officers in the Franklin Township Police Department will be aggressively
looking for impaired drivers during the crackdown and will arrest anyone caught driving
impaired; and
WHEREAS, every year, about one third of all motor vehicle traffic deaths involve one or
more impaired drivers or motorcycle operators and holidays such as Christmas and New Year’s
are particularly dangerous; and
WHEREAS, impaired driving takes a particularly heavy toll among young drivers; and
WHEREAS, research has shown that high-visibility enforcement like the 'Drive Sober or
Get Pulled Over' campaign reduces impaired driving fatalities by as much as 20 percent and by
joining this statewide effort, Franklin’s roadways will be made safer for everyone throughout
this holiday season; and
WHEREAS, the Franklin Police Department wants to remind everyone that getting
behind the wheel impaired is a terrible idea as it impairs your ability to operate a vehicle safely,
impairs your judgment and good sense about whether you can, or should drive; and
WHEREAS, being arrested for impaired drunk brings a wide range of negative
consequences into one’s life such as jail time, loss of driver licenses, and steep financial
consequences such as higher insurance rates, attorney fees, court costs, lost time at work, and
the potential loss of one’s job along with tremendous personal embarrassment; and
WHEREAS, impaired drunk is simply not worth the risk;
NOW THEREFORE, I, Brian D. Levine, Mayor of the Township of Franklin, on behalf of the
Township Council, do hereby proclaim and announce December 5, 2014 through January 2, 2015
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Agenda Item 2014-70
as “2014 Drive Sober or Get Pulled Over Year End Holiday Crackdown” in the Township of
Franklin, and urge all citizens to Drive Sober or Get Pulled Over while traveling on our roadways.
As requested by our Police Department in conjunction with obtaining the grant for
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12.a
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
AGENDA ITEM 2014-71
Meeting: 10/28/14 07:00 PM
Department: Engineering
Category: Presentation
Prepared By: Scott Thomas
Initiator: Scott Thomas
Sponsors:
DOC ID: 3229
2014 Flood Mitigation Status Report
Annual update on the strives being made to make the Township safer and more prepared for
flooding events and other disasters.
Updated: 10/1/2014 11:52 AM by Scott Thomas
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12.a.a
Franklin Township
In Somerset County
[email protected]
Municipal Building
475 DeMott Lane, Somerset, NJ 08873-6704
08873
Phone: 732-873-2500
2500 ext. 6237 Fax: 732-873-1059
732
MEMORANDUM
To:
Franklin Township Mayor and Council
From:
Scott M. Thomas, Senior Engineer
Engineer/CRS Coordinator
Subject:
Status of Flood Mitigation and All-Hazards Plan Implementation
Date:
September 30,, 2014
The Township Council adopted the Franklin Township Flood Mitigation Plan in 2003 and the
Somerset County Multi-Jurisdictional
Jurisdictional Multi
Multi-Hazard Plan in 2008. An update to the Somerset County
plan was adopted in 2014. Both of these documents contain recommendations on how to lower the
risk and impact
ct of flooding in the Township. This memorandum supersedes the one I prepared last
year at this time and updates what has already been done and what can be done to meet the goals set
forth in these plans.
In addition to being sent to the Mayor and all Cou
Council members, this memo will be distributed to the
media and bee made available to the public. This report is available for review in the Engineering
Department at the Township Municipal Building
Building, 475 DeMott Lane, Somerset and will also be posted
on the Township’s website.
1. Background – Franklin Township Flood Mitigation Plan
On May 13, 2003, by Resolution #03-231,
231, the Township Council adopted the Franklin Township
Flood Mitigation Plan. The Plan
an was drafted by the Franklin Township Flood Mitigation Planning
Committee organized by the Township Council on September 9, 2002 with assistance from the USDA
Natural Resources Conservation Service. A grant was obtained from FEMA through the State Office
of Emergency Management. Gregory Westfall
Westfall, Water Resource Planner, from the USDA-NRCS
USDA
was
primarily responsible for drafting the plan, but significant input was received from the Committee and
the public through a series of public meetings and through a ddistributed questionnaire. The plan
concentrates primarily on the flooding hazards along the Millstone River, although it is acknowledged
that flooding can and does occur throughout the Township.
The plan identifies the following goals:
1. Protect human life and health
2. Identify and mitigate flood hazards
3. Reduce flood losses to existing buildings and contents
4. Prevent increases in flood damage from new construction
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Attachment: 2014 510 Progress Report (2014-71 : 2014 Flood Mitigation Status Report)
Scott M. Thomas, CFM
Senior Engineer, Engineering Department
12.a.a
September 30, 2014
5.
6.
7.
8.
Reduce the risk of erosion damage
Protect natural and beneficial floodplain functions
Facilitate accurate insurance ratings
Promote the awareness of flood insurance
The plan includes a number of recommendations to help reduce the flooding risk and to protect life
and property. The plan also includes 16 action plan items split into the following five categories:
1. Evacuation route enhancement
2. Public participation
3. Incorporation of flood mitigation planning into local ordinances and master planning
4. Public property, institutional and critical facility flood mitigation
5. Private property flood mitigation
These action items tend to strengthen the goals for flood hazard mitigation in the Somerset County
Multi-Jurisdictional Multi-Hazard Plan described below.
2. A review of the Plan’s action items:
The following is a brief discussion of the progress made to the action plan items detailed in Section H
of the plan since 2004.
1. Posting of Flood Evacuation Route Signage: No signage has been posted to date.
2. Traffic Gates and Electronic Signage: Traffic gates have been installed at the causeways
across the Millstone River. There is signage on the gates, but it is not electronic. There is a
pre-emptive electronic sign installed on Blackwells Mills Road at the intersection with Van
Cleef Rd.
3. Removal of Evacuation Route Deficiencies: There are no current plans to access Route 287
from Elizabeth Avenue, raise South Middlebush Road, or create an all-weather crossing to
replace Griggstown Causeway.
4. Geo-notification: Somerset County has created a reverse-911 warning system which
precludes the need of having the Township utilize GIS to create a local warning system.
5. Public information: Articles are now being published in the Township newsletter outlining
specific flooding risks, flood safety tips and flood insurance recommendations.
6. Community Rating System: The Township became qualified in 2009 with an initial rating of
7. The Township has recently undergone its first 5-year revaluation of the CRS program.
While the official results have not yet been published, the Township is no danger of losing its
current rating of 7.
7. Revision of Flood Damage Prevention Ordinance: Ordinance adopted on 9/18/07.
8. Incorporation of Disaster Mitigation Planning in Master Plan: The Flood Mitigation Plan
has been adopted as an addition to the 2006 update to the Master Plan and the Multi-Hazards
Plan (see below) should be considered for adoption, as well. Note: due to changes in State
law, the Township Master Plan is not required to be updated until 2016.
9. Critical Facilities: The Franklin Township Sewerage Authority has installed two new sump
pumps in the dry wells at their Weston Canal pump station. They have also raised all second
floor wiring to the third floor. This pump station was flooded during both Hurricane Floyd
and Hurricane Irene.
10. Pillar of Fire at Zarephath: Pillar of Fire is actively working on implementing their plan to
migrate their facilities outside of the flood zone. Because of their existing large campus, this
must be considered a long-term goal. They have already moved their school facilities (Pillar
College) offsite to a building on Apgar Drive. They are also constructing an all-purpose
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12.
13.
14.
15.
16.
building on their property, outside of the flood zone. They are finishing the reconstruction of
the levee surrounding the campus which was overtopped and damaged during Hurricane Irene
in August 2011. Emergency repairs have been made and they are working under NJDEP
permitting and supervision to finish the repairs.
State-Owned Structures in the Flood Plain: Because of the historic nature of the State-owned
buildings, this will be difficult implement. Hopefully they will take into consideration the
flood risks when restoring and rehabilitating the buildings, but the Township is not in a
position to mandate any changes.
Property Owner Survey: No survey has been sent out to flood-prone owners to determine
their interest in flood mitigation measures.
Identification of Funding Sources: No funding sources have successfully been obtained. Note:
The Township is a participating member of the three year-old Raritan and Millstone Flood
Control Commission and finding funding sources for smaller site and individual mitigation
measures is one of their goals.
Individual Property Structure Analysis: Cannot be pursued until funding sources are found.
Individual Property Flood Audits: Cannot be pursued until funding sources are found.
Implement Flood Mitigation Measures: Cannot be pursued until funding sources are found.
3. Background - Somerset County Multi-Jurisdictional Multi-Hazard Plan
On December 9, 2008, by Resolution #08-640, the Somerset County Multi-Jurisdictional MultiHazard Plan was adopted. The Multi-Jurisdictional Multi-Hazard Plan was developed with the
assistance of a certified floodplain manager (Adam Slutsky, Somerset County Principal Engineer).
Steering and Planning Committees were formed to provide input and review of the Plan. Membership
of these committees included county and local engineers, emergency coordinators, police,
administrators as well as the American Red Cross, NJ Water Authority and citizen representatives. All
municipalities in Somerset County participated in and adopted the plan. By regulation, the Plan has to
be updated every five years. This update was done by the Committee during 2013.
The plan was developed in response to the Disaster Mitigation Act of 2000 (DMA 2000) which
requires that states and local governments prepare all hazards mitigation plans in order to remain
eligible for pre-disaster mitigation funds. It is important to continue to receive this type of funding in
order to be pro-active in dealing with potential disasters in order to help eliminate or lessen the
impacts to life, health and property.
As part of the planning process, the following was accomplished:
• Developed a planning group (Planning Committee)
• Identified hazards of concern
• Profiled and prioritized these hazards
• Estimated inventory at risk and potential losses associated with these hazards
• Developed mitigation goals, objectives and actions that address the hazards that impact the
area
• Developed mitigation plan maintenance procedures to be executed upon conditional approval
of the plan form the New Jersey Office of Emergency Management (NJOEM) and FEMA
The Committees considered a full range of natural hazards that could impact the area, and then
identified and ranked those hazards that presented the greatest concern. Their list of seven hazards of
concern, in order of hazard ranking, is as follows:
1. Severe Storms (hurricanes/cyclones, windstorms, thunderstorms, hail, lightning and
tornados)
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September 30, 2014
2.
3.
4.
5.
6.
7.
Severe Winter Storm (heavy snow, blizzards, ice storms, nor’easters)
Flooding (riverine, flash, and ice jam)
Extreme Temperatures
Drought
Wildfire
Earthquake
Through partnerships and careful planning, identify and reduce the vulnerability to natural hazards in
order to protect the health, safety, quality of life, environment, and economy of the communities within
Somerset County.
The plan identifies the following main goals:
1. Protect Life
2. Protect Property
3. Promote a Sustainable Economy
4. Protect the Environment
5. Increase Public Awareness
4. A review of the Plan’s action items:
The following is a brief discussion of the progress made to the twenty mitigation initiatives detailed in
Section F of Section 9.9 of the plan since 2008. All at least partly deal with flood mitigation and I will
only update those aspects of the plan in this report.
Note: During the 2013 update to the Plan, a new list of mitigation initiatives has been created. Five
initiatives from the 2008 Plan were considered completed and are listed below with the narrative of
their status taken from the 2013 Plan. The other actions considered to not yet be complete or are
ongoing have been carried over to the 2013 Plan update.
1. Consider participation in the CRS program: Complete. The Township has entered into the
CRS.
4. Develop public info strategy for dissemination of hazard information to residents before an
event: Complete. Information will be disseminated to residents via the following methods:
reverse 911, Township website, nixel system, and Township cable TV channel.
7. Improve communication to residents of imminent hazards: Communication with residents is
done via the following methods: reverse 911, Township website, Nixle system, and Township
cable TV channel. Improvements to the system will be evaluated by the Police Department &
OEM. The current system is sufficient for communication to residents of imminent hazards.
18. Participate in multi-jurisdictional update of Somerset County All Hazards Mitigation Plan:
Complete as of 10/31/2009.
19. Work with County to ensure that flood-prone property owners are warned of impending
hazards via reverse 911: As noted in #4, the reverse 911 system is in place, and property
owners are now warned of impending hazards via reverse 911.
Note: The 2013 proposed hazard mitigation initiatives are listed below. The 2008 list contained 20
initiatives (5 of which are considered complete). 14 new items have been added to the list bringing
the total to39.The list has been renumbered and numbers in parenthesis correspond to the initiative
numbers carried over from the 2008 list.
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The Committees developed the following mission statement:
12.a.a
1. Evacuation route enhancement: It is recommended that signage be posted along the official
evacuation route map in the 2013 Plan and the OEM Plan. No signage has been posted to
date.
2. Installation of traffic gates and electronic warning signs in the Canal Road vicinity: Traffic
gates have been installed at the causeways across the Millstone River. There is signage on the
gates, but it is not electronic. There is a pre-emptive electronic sign installed on Blackwells
Mills Road at the intersection with Van Cleef Rd. Other intersections have been
recommended for electronic signage and they include; Jacques and South Middlebush Roads,
Canal Road and Route 514, Blackwells Mills and South Middlebush Roads, Suydam and
South Middlebush Roads.
3. (20) Work with neighboring municipalities to establish emergency access entrance to Route
287from Elizabeth Avenue for flood evacuation route from South Bound Brook: The State is
working to find acceptable access to Route 287 from Elizabeth Avenue to permit evacuation
from South Bound Brook and Franklin Township. Somerset County is investigating the
feasibility of providing acceptable access along the entire length of South Middlebush Road.
4. Refine Township Flood Warning Program: It is recommended that the Township refine their
program to include identifier information for flood prone properties including; block and lot
number, street address, digital photo, and first floor and low opening elevations. The
Somerset County Flood Information data would be used to provide flood warning information
to individual property owners and occupants.
5. Inform residents to the threats of flooding and the benefits of flood insurance: The Township
currently provides this information annually through articles published in the Franklin Times
newsletter. It is further recommended to involve area insurance agents in the activity.
6. Incorporate flood mitigation planning into local Ordinances and the Master Plan: It is
suggested that the Township revise its Flood Damage Prevention Ordinance to incorporate
recommendations from the State Flood Plain Management Program. Note: the Township will
be required to update this ordinance in conjunction with the adoption of revised FIRM
mapping along the Raritan River. The State recommendations should be weighed when
making the revisions required by FEMA. The Master Plan should then incorporate the AllHazards Plan when it is updated prior to 2016.
7. Add disaster planning as an element in the Master Plan and incorporate the Flood Mitigation
Plan by reference: It is suggested that the Township add a new element to the Master Plan
dealing with disaster planning. It is also suggested that the 2004 Flood Mitigation Plan be
incorporated in the Master Plan by reference.
8. Public Property, Institutional and Critical Facility Flood Mitigation: It is suggested that the
Township work with critical facility owners to enhance their level of flood protection to the
Base Flood Elevation (1% chance a/k/a 100-year flood). Critical facilities include: Zarephath
Christian School, Somerset Christian School, east Millstone First Aid Squad, North
Brunswick Water Plant, Willow Creek Rehab & Care Center and Guild Housing.
9. Work with Pillar of Fire in implementing their Master Plan: It is suggested that the Township
assist Pillar of Fire with its goal of expanding their physical plant outside of the flood plain.
The Township should also work with them to help minimize or eliminate any new
development within the 100 and 500-year flood plains.
10. Work with State agencies regarding historic buildings in flood plain areas: The Township
should partner with State agencies during the rehabilitation and restoration of historic
buildings to minimize future flood damage risks. Such efforts should include the adaptive reuse of the structures with the placement of all important equipment such as furnace, hot water
heater, refrigerator, etc. above the base flood elevation. Agencies include: New Jersey
Department of Environmental Protection Parks and Forestry, Delaware and Raritan Canal
Commission and the New Jersey Water Supply Authority.
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11. Private Property Flood Mitigation: The Township should survey owners of flood-prone
property along the Millstone and Raritan Rivers to determine their level of interest in
investing in various flood mitigation measures such as acquisition and demolition, elevation,
flood proofing and relocation.
12. Identify funding sources for flood mitigation measures: The Township should identify various
funding sources at the Federal, State, County and local level as well as from the private sector
that could individually or collectively provide the local share for funding flood mitigation
measures. NRC Service PL83-566 Program and the FEMA Flood Mitigation Program
provides up to 75% to implement nonstructural measures. The purpose of this initiative is to
identify funding sources for the remaining share of the costs.
13. Conduct individual property audits to determine flooding impacts: The Township shall, with
the permission of interested owners, conduct individual property audits to determine the
impact of flooding on the contents and structure of individual properties.
14. Implement flood mitigation measures on individual properties: The Township shall, with the
permission of interested owners, implement appropriate options for flood mitigation.
Appropriate measures will be determined on the basis of cost of the option, the eligibility of
the property for financial assistance based upon its NFIP damage claim history, engineering
feasibility, historic and environmental review, and property owner acceptability.
15. (2) Promote Open Space Acquisition: Promote open space uses within the flood plain via land
use, and/or voluntary property acquisition. This is an ongoing program being lead by the
Planning Department.
16. (3) Maintain historical flood (and wildfire) data: It is recommended that the Township
obtain, record and maintain flood data including flood marks and road closures. The
Engineering Department has collected some data, including flood marks from Hurricane
Irene. However, historical data sources would need to be sought out and incorporated into the
information already on record.
17. (6) Create and enhance mutual aid agreements: This is an existing program lead by the
Police, the Office of Emergency Management and Public Works. However, it is suggested
that more effort be expended in enhancing mutual aid agreements with neighboring
communities for continuity of operations.
18. (8) Warehouse information on critical facilities and infrastructure: This ongoing program is
lead by the Engineering Department and Public Works. Currently, Water Department assets
are being located using GPS and are being uploaded into the Township GIS. All stormwater
detention facilities and outfalls have already been located by GPS and are in the GIS.
19. (9) Develop a post disaster plan: It is recommended that a post disaster plan be developed
that includes such things as debris removal. A plan is currently being developed by the Police.
20. (11) Continue to develop, enhance and implement existing emergency response plans to
utilize new and developing technology/information as it becomes available: Emergency
Management continues to incorporate any new technologies available within budget
constraints in order to better prepare for and deal with disaster situations.
21. (13) Enhance the building inventory to include structure values for future use of the HAZUS
program: It is recommended that the Township use internal resources such as the Township
Assessor and its GIS capabilities to move this initiative forward.
22. (14) Provide higher resolution DEM for future use of the HAZUS program: Data is being
collected by Engineering through as-built surveys of construction projects to be used to
update the Township’s digital elevation model.
23. (15) Where appropriate, support retrofitting of structures in hazard-prone areas to protect
structures from future damages: The Engineering Department maintains a list of “repetitive
loss” and other high risk of flooding properties in the Township, and provides the public with
information and advice on how to limit future flood damage.
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12.a.a
24. (16) Provide backup power at vital critical facilities during the course of retrofitting those
facilities identified as vulnerable: The Township is currently applying for grant money to
install natural gas emergency generators at the Public Works Building and the
Community/Senior Center.
25. (17) Strive to maintain compliance with and good-standing in the National Flood Insurance
Program: The Township continues to maintain good-standing in the NFIP. The Township is
awaiting the official results of a 5-year re-evaluation of its CRS Program, but has been
assured that its current ranking of 7 will be maintained.
26. Conduct and facilitate community and public outreach and education for residents and
businesses: It is recommended that the Township do the following to promote and effect
natural hazard risk reduction:
•
Provide and maintain links to the Hazard Mitigation Plan website and regularly
post notices on the Township web referencing the HMP.
•
Prepare and distribute informational letters to flood vulnerable property owners
and neighborhood associations explaining mitigation grant funding and instructing
them on how they can learn more and implement the mitigation measures.
•
Use email notification systems and newsletters to better educate the public on
flood insurance, mitigation grant funding and natural hazard risk reduction
measures.
•
Work with neighborhood associations, civic and business groups to disseminate
information on flood insurance and the availability of mitigation grant funding.
27. Utilize ordinances and zoning restrictions to control future development in hazard areas: It is
suggested that the Township incorporate ordinance and/or zoning restrictions to control and
mitigate future development in identified hazard areas. While this is a new Plan initiative, the
Planning Board has for years been pro-active in controlling development in flood hazard
areas such as along the Millstone and Raritan Rivers and along Six and Ten-Mile Runs.
28. Develop programs and procedures to capture and archive loss data: It is recommended that
procedures be developed to capture data such as:
•
Location and length of road closures.
•
Residential and commercial property damage including permit history of repairs.
•
High water marks.
29. Support ongoing updates of Comprehensive Emergency Management Plans: The Township
continues to support multi-jurisdictional emergency management plans.
30. Develop agreements with entities familiar with the submittal of disaster assistance
paperwork: It is suggested that the Township develop agreements with entities that can
provide support with FEMA/NJOEM paperwork after disasters. Identify entities that have
qualified personnel that can help the Township improve post-disaster damage assessment,
paperwork compilation, submissions and record keeping.
31. Work with regional agencies to help develop damage assessment capabilities: Work with
regional agencies such as Somerset County and NJOEM to help develop damage assessment
capabilities at the local level through training programs and certification of qualified
individuals such as code officials, floodplain managers and engineers.
32. (18) Continue to support implementation of the Somerset County All Hazards Mitigation
Plan: The Township has maintained support the implementation, monitoring and updating of
the Plan by maintaining representation on the Plan Committee, maintaining an updated
mitigation strategy and submitting annual progress reports. The Township has also fully
participated in the latest 5-year update.
33. Obtain and archive elevation certificates: The Township continues to collect elevation
certificates for any construction within a Special Flood Hazard Area in accordance the
requirements of FEMA’s CRS program.
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12.a.a
34. Promote participation of Floodplain Administrators: It is suggested that Floodplain
Managers become more involved in the planning process and other Township activities.
35. Join NOAA’s “Storm Ready” program: It is suggested that the Township join NOAA’s Storm
Ready program to enhance community resilience to severe storms (including winter storms).
A basic chart of program requirements can be found here:
http://www.stormready.noaa.gov/guideline_chart.htm
36. Require underground utilities in new developments: It is suggested that the Township adopt
regulations requiring underground utilities in all new developments. The Township’s Land
Development Regulations already require the installation of underground utilities in all larger
developments.
37. Waive permit fees for installation of backup power: The Plan suggests that the Township
institute a policy of waiving permit fees for the installation of backup power systems on
private properties.
38. Educate the public on the use of backup power: The Plan suggests that the Township provide
education and outreach on the proper installation and use of backup power.
39. Prevent trees from becoming a threat to lives and impacting power availability: It is
suggested that the Township implement, review and enforce municipal policies and programs
to prevent trees from threatening lives and impacting power availability and interruptions.
5. Review of recommendations for the current year:
•
•
•
•
An update to the CRS program points system took effect in 2013. These changes will affect the
Township after its next CAV (community assistance visit) which should take place in the next
two years. We will need to further study how the changes will impact our points total and
what steps will need to be taken to insure the Township at least maintains its current ranking
of 7. The CAV took place earlier this year on May 6, 2014. I took the time to read through the
regulation changes and prepare for the visit accordingly. I had hoped to take a class on the
program changes prior to the visit, but no openings were available at FEMA’s Emergency
Management Institute until after.
Prepare another informational article for the Franklin Times. The Biggert-Waters Flood
Insurance Reform Act of 2012 (BW-12) could have a significant impact on some Township
residents. Once Congress finalizes how it will be phased in, an article outlining who is
affected and what the effects will be would be appropriate. On March 21, 2014, President
Obama signed the Homeowners Flood Insurance Affordability Act of 2014 into law. This law
repeals and modifies certain provisions of BW-12. FEMA’s website indicates that they will
be preparing a summary of these changes and their impact on the NFIP sometime in the
future. As such, I will wait until this information becomes available before preparing the
informational article.
Continue to support the Millstone and Raritan Rivers Flood Control Commission (RMRFCC)
in finding funding sources to complete the US Army Corps of Engineers study of flood
prevention methods in Somerset County. While record funding was appropriated in the
current fiscal year, no funding has been appropriated for next year. Work with the
Commission to make sure this is rectified. Despite no additional funding being added to this
year’s budget for the project, the record funding allocated in the previous budget year was
enough to fund the preliminary flood prevention study.
Continue to work with the RMRFCC to try to find funding sources for individual flood
mitigation projects. The RMRFCC has concentrated its efforts on securing support and
funding for a large-scale flood mitigation solution. However, other sources have been found,
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12.a.a
•
•
•
•
such as a grant from American Water that will be used to install a live camera view of the
confluence of the Millstone and Raritan Rivers to be made available on-line 24 hours/day.
Continue to provide public information about the CRS program and the 15% discounts
afforded those in the Special Flood Hazard Area to encourage those who don’t currently
have flood insurance to buy. This was addressed in an article in the Franklin Times.
Re-advertise in the Franklin Times that all residents, home buyers and real estate agents are
welcome to either call or stop into the Engineering Department in order to obtain
information on potential flooding risks to individual parcels. This was addressed in an article
in the Franklin Times.
The Township needs to continue to obtain conservation easements in flood-prone areas in
order to prevent future building. Continue the Engineering Department’s project of mapping
all existing conservation easements into GIS. The Township continues to obtain conservation
easements in flood-prone areas in conjunction with all Board applications. The mapping of
existing conservation easements has stalled due to staff limitations.
The Engineering Department needs to continue to provide yearly updates to the Township
Tax Maps and Geodetic Information System in order to better link property information
currently available from the Tax Assessor and Construction Code. The Engineering
Department continued work on updating its Tax Maps over last winter and into the spring.
Work on summer construction projects has halted these updates for now.
6. Recommendations for coming year:
•
•
•
•
•
•
•
Prepare another informational article for the Franklin Times. The Biggert-Waters Flood
Insurance Reform Act of 2012, as modified by the Homeowners Flood Insurance
Affordability Act of 2014, could have a significant impact on some Township residents. An
article outlining who is affected and what the effects will be would be appropriate.
The results of the preliminary phase of the US Army Corps of Engineers study of flood
prevention methods in Somerset County were made on September 30, 2014. The benefit to
cost ratios virtually eliminated the options of the levee walls or river dredging. The Corps will
continue to investigate the non-structural option which they have expanded to study eight
different scenarios of. Results of that analysis is due in December of this year. The Millstone
and Raritan Rivers Flood Control Commission (RMRFCC) will then need assistance in
finding funding sources to complete the next phase of the USACE project through the design
and construction phases of whichever mitigation measure is decided upon.
Continue to work with the RMRFCC to try to find funding sources for individual flood
mitigation projects.
Continue to provide public information about the CRS program and the discounts afforded
those in the Special Flood Hazard Area to encourage those who don’t currently have flood
insurance to buy.
Re-advertise in the Franklin Times that all residents, home buyers and real estate agents are
welcome to either call or stop into the Engineering Department in order to obtain information
on potential flooding risks to individual parcels.
The Township needs to continue to obtain conservation easements in flood-prone areas in
order to prevent future building. Continue the Engineering Department’s project of mapping
all existing conservation easements into GIS.
The Engineering Department needs to continue to provide yearly updates to the Township
Tax Maps and Geodetic Information System in order to better link property information
currently available from the Tax Assessor and Construction Code.
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12.a.a
September 30, 2014
7. Conclusion:
This is the fifth of my annual updates to Township Council and the public on strives the Township
staff and others are taking in making Franklin Township safer and more prepared. In 2011, we were
hit by a hurricane, a tropical storm, an early, devastating snowstorm and even a small earthquake.
Many thought that things couldn’t possibly be worse in 2012, but “Superstorm” Sandy proved
otherwise. While not a large rain event in our area, the widespread, long-term loss of power was
particularly devastating. Lack of heat and refrigeration made life difficult for many. Those who were
lucky to have gas generators spent hours in lines trying to buy fuel. Downed trees and power lines
made travel nearly impossible for the first few days. 2013 saw a fairly uneventful spring, summer and
fall, but the winter of 2013-2014 was a different story. Despite the lack of a defining foot-plus
snowstorm, the total snowfall amount in the area was ranked sixth highest over the last 120 years. We
saw repeated smaller snow events and an extended period of sub-freezing temperatures. The result
was an exhaustion of the State’s salt supply, an explosion in the number of potholes and a commuting
nightmare for many. The joy kids may have felt in getting a large number of days off due to snow was
offset by having to make the time up later on in the school year.
As part of its continuing participation in FEMA’s CRS program, the Township was subject to a
Community Assistance Visit on May 6, 2014. This was the first 5-year recurring visit since the
Township began participation in the program in 2009. I was under the impression that the CAV would
be a review of my past five year’s annual submissions to FEMA. However, the visit became in
actuality a total revaluation of our program and our numerical ranking based upon the new points
system instituted in 2013. As such, a great deal of time and resources was expended in filling out
forms, writing reports and generating submittals. While the official report has yet to come out, I am
happy to report of being told that the Township should have no problem maintaining its current
ranking of 7. This means a continuation of the 15% policy discount property owners in the Special
Flood Hazard Area are seeing. Other policy owners will continue to see 5% discounts.
Flooding is almost becoming routine in some areas of town and that is one reason I am pleased by the
continued progress made by the Raritan and Millstone Rivers Flood Control Commission. While the
Army Corp’s large-scale flood prevention methods appear to be off the table (levee/flood walls or
river dredging) due to low cost-benefit ratios, I am encouraged that “non-structural” methods are still
on the table. The eight options being considered would focus on minimizing flood risks to individual
residences and commercial buildings. The benefit-cost ratios of these 8 options are due by the end of
this year, and the entire report is scheduled to be released by the Corps in middle of next year. The
Commission will then use this report as a tool in pursuing its flood mitigation efforts. Clearly,
flooding is not restricted to the borders of Franklin Township and the cooperation between the ten
participating municipalities and Somerset County is a good step toward a regional approach to flood
mitigation.
Once again, I welcome all comments and recommendations from Township Council, other Township
personnel and the public on how to better prepare in order to lessen the impact of flooding in the
Township. Feel free to email me at [email protected] or call me at (732) 873-2500, ext.
6237.
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12.b
Township Council
475 DeMott Lane
Somerset, NJ 08873
Meeting: 10/28/14 07:00 PM
Category: Discussion Item
SCHEDULED
AGENDA ITEM 2014-72
Sponsors:
DOC ID: 3327
2014 Best Practices Inventory
As required, the Best Practices Inventory is to be scheduled and discussed by the Governing
Body.
Updated: 10/23/2014 9:58 AM by Ann Marie Marie McCarthy
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12.b.a
Best Practices Worksheet CY 2014/SFY2015
Franklin Township (Somerset)
1808
Please see Color Key at bottom of sheet for limits on answers
Question
Answer
Comments
Yes
Sharing services has been promoted for many years as a means to control costs. In
addition to sharing resources such as labor, facilities and equipment with a county or with
neighboring communities, shared services include similar agreements with school boards,
independent authorities and fire districts. Shared services do not include cooperative
purchasing, cooperative pricing or commodity resale agreements. Did your municipality
actively negotiate (i.e. meet with representatives from a neighboring town, your county or
another local unit) and/or enter into at least one new shared service agreement, or
actively negotiate or enter into the renewal of at least one existing shared service
agreement, in the preceding year?
Yes
Traffic safety policies for utility and construction work should balance the interests of
public safety with those of controlling costs. For example, uniformed police officers
controlling a cul-de-sac may be excessive; while parking a policeman in a patrol car on a
major highway to act in lieu of a “crash truck” may be insufficient and could endanger the
officer. An appropriate traffic safety plan should include parameters governing when
police officers, flag men and safety apparatus are used in different circumstances. Has
your municipality reviewed its policies and staffing requirements for providing traffic
safety around utility and construction work, and implemented policies to assure that the
most efficient and cost-effective approach is taken?
3
Yes
Has your municipality adopted a vehicle use policy prohibiting personal use of municipal
vehicles, and providing that employees authorized to use such vehicles for commuting
to/from work have a fringe benefit value added to the gross income reported on the
employee's W-2 (unless the vehicle meets the "qualified non-personal vehicle" criteria
specified by the IRS)? Only answer "N/A" if your municipality does not have any
municipally-owned vehicles.
4
Yes
Has the appropriate administrative official reviewed the State Comptroller's June 25, 2013
Report with respect to local government legal fees, and does your municipality follow the
best practices outlined in the checklist annexed as an Appendix to the report?
1
2
Attachment: 2014 Best Practices Inventory (2014-72 : 2014 Best Practices Inventory)
General Management - GM
Packet Pg. 39
12.b.a
Answer
5
6
Question
Yes
Does your municipality maintain an up-to-date municipal website containing at minimum
the following: past three years adopted budgets; the current year's proposed budget
including the full adopted budget for current year when approved by governing body;
most recent annual financial statement and audits; notification(s) for solicitation of bids
and RFPs; easily accessible contact information for elected and appointed officials,
municipal administrator or manager, municipal clerk, police chief, municipal court
administrator and all department heads; and meeting dates, minutes and agendas for the
governing body, planning board, board of adjustment and all commissions?
Yes
Does your municipality require its elected officials to attend on an annual basis at least
one instructional course covering the responsibilities and obligations of elected officials
(for example: ethics, municipal finance, labor relations, risk management, shared services,
purchasing, land use administration, personnel, technology etcetera)? This item may be
satisfied either through a course approved for continuing education credit by DLGS, or inhouse education provided by a professional, vendor or staff member (provided they have
significant expertise in their profession and routinely prepare public presentations).
Comments
1808
Packet Pg. 40
12.b.a
Answer
Question
Yes
With regard to your municipality's collective bargaining agreements that replaced
contracts expiring on or after 1/1/11, is the overall impact of the aggregate economic
costs limited to an average increase of 2% or less per year over the contract term? An
example of such analysis can be found on the "PERC Summary Form; Public Sector; NonPolice and Non-Fire; Section V Impact of Settlement" and "PERC Summary Form; Police
and Fire; Section VII Impact of Settlement"
8
Yes
A municipality's participation in FEMA's National Flood Insurance Program Community
Rating System can lead to significant flood insurance premium reductions for its
homeowners. An explanation of the program may be found on FEMA's website at
http://www.fema.gov/national-flood-insurance-program/national-flood-insuranceprogram-community-rating-system, and more information on how the NJDEP's statewide
CRS coordinator can assist with improving your rating can be found at
http://www.nj.gov/dep/floodcontrol/about.htm. Does your municipality have, or is your
municipality in the process of attaining, a Community Rating System ranking of at least
Class 9?
9
N/A
If the ratio of assessed values to market values in your municipality is presently less than
65%, is your municipality in the process of conducting a reassessment or revaluation?
Yes
The Local Government Ethics Law, designed to ensure transparency in government,
requires local government officers to file Financial Disclosure Forms. While far more local
officials are required to file Financial Disclosure Forms than simply local elected officials,
their compliance is particularly important. Have all of your local elected officials filed their
Financial Disclosure Form in 2014 that covers the 2013 calendar year?
7
10
Comments
Ratio of assessed values to market values > 65%.
Packet Pg. 41
1808
12.b.a
11
Answer
Question
Yes
Many municipalities have created one or more authorities (including fire districts, utilities
authorities, redevelopment authorities, housing authorities, port authorities, etc.) to
provide greater focus and attention on addressing a public need, or to reduce governing
body burdens. While creation of such an authority is often appropriate, and many
authorities successfully and efficiently fulfil their missions, authorities with weak
membership or insufficient local-level monitoring can become wasteful, inefficient and
unresponsive to the public they serve. N.J.S.A. 40A:5A-20 allows a local governing body to
dissolve an authority subject to certain parameters and with Local Finance Board approval.
Municipalities should at least annually assess the authority or authorities they created and
publicly discuss their findings and conclusions. Findings and conclusions should address
whether the authority’s continued existence is appropriate, and whether the authority is
appropriately and efficiently serving its residents. Does the governing body meet at least
once annually to discuss an assessment of the authority or authorities they have created?
Comments
Finance & Audit - FA
12
Yes
Internal accounting control processes, procedures and authorizations are designed to
safeguard assets and to limit the risk of loss or misstatement. 1) Are internal accounting
control processes, procedures and authorizations documented and communicated to
staff; and 2) Does your Administrator/Manager or CFO, as appropriate, evaluate and
discuss risk assessment annually with your governing body or an appropriate
subcommittee thereof (such as the Audit or Finance Committee) with a focus on
developing and updating accounting control processes, procedures and authorizations? If
you selected "yes", please state in the Comment section in the approximate date of the
discussion and whether the discussion was with the governing body or, if with a
subcommittee thereof, name the subcommittee.
Discussions have taken place w/ entire Council
during the meetings of 1/28/14 (audit), 3/10/14,
3/13/14, 3/24/14, 4/8/14, 4/22/14 & 5/13/14
budget hearings). In addition, these topics are
discussed at the monthly Financial Oversight
Committee Meetings, specifically at the meetings
held 11/25/13, 12/9/13, 1/27/14 & 9/22/14.
Packet Pg. 42
1808
12.b.a
Answer
13
14
15
Question
Comments
N/A
With respect to note sales (TANs, BANs, Emergency Notes and Special Emergency Notes),
proper disclosure and communication with potential bidders can yield optimal results for a
municipality. Knowing when to sell on a negotiated or competitive basis, aggregating note
sales as much as possible, along with casting a "wide net" to attract the maximum number
of bidders for a competitive note sale, is critical to achieving the lowest possible interest Franklin Twp does not traditionally issue notes.
rate. Is your municipality 1) marketing note sales beyond publishing the notice required
by N.J.S.A. 40A:2-30, and beyond displaying a notice on your municipal website; and 2)
issuing a prospectus, official statement or other document to potential lenders disclosing
all material financial and budget information?
Yes
Does your municipality have a Finance Committee (or equivalent) made up of one or more
members of the governing body and other appropriate personnel, as may be needed, that
meets at least monthly and discusses all significant financial issues? If you answer "Yes", 9/22/2014
phrase state in the Comment section the approximate date of your municipality's most
recent Finance Committee meeting.
Yes
Audit findings address areas needing improvement. Ignoring these findings devalues the
process; therefore, municipalities should correct noted deficiencies. Have all audit findings
from the 2012 audit been 1) identified in the corrective action plan and 2) addressed such
that they are not repeated in the 2013 audit? If the answer is no, please list the repeat
findings in the comments section. In the event your municipality wishes to appeal the
result of this question, the Director shall determine based on the comment(s) whether
the finding(s) is/are sufficiently material to warrant a "no" answer.
Packet Pg. 43
1808
12.b.a
16
17
Answer
Question
Yes
The CFO should be capable of preparing the annual financial statement, annual debt
statement and budget schedules. Excessive auditor assistance on these documents could
create a perception that the auditor is not truly independent of the client in auditing the
client’s financial statements. At a minimum, each CFO should prepare balanced and
reconciled financial records including books of original entry, general ledgers, subsidiary
ledgers and other computer reports that accurately analyze and reflect the municipality's
financial position. These records should have sufficient detail for an accountant with
sufficient knowledge of New Jersey's municipal accounting system to extract information
necessary to prepare financial and debt statements. This requires that, within acceptable
tolerance, all financial transactions (cash and non-cash) be posted in the general ledger
and that all general ledger accounts be supported by subsidiary ledgers, reports,
reconciliations or are otherwise analyzed. A "yes" answer is appropriate if 1) your CFO
prepares the annual financial statement, annual debt statement and annual budget, or 2)
your CFO presents balanced and reconciled financial records, or 3) you are retaining
outside assistance to do so from an individual or entity separate from your municipality's
audit firm. Please note that item #2 cannot count as a "yes" answer if the Report of Audit
Yes
Grant programs can create a significant burden on a municipality's cash flow if program
expenses are either not timely reimbursed or are charged to other operating accounts
instead of to the grant. Are all grant revenues, along with their corresponding
appropriations, reviewed at least quarterly to determine that all program expenses have
1) been filed for reimbursement and 2) have been properly charged to the grant, with
follow up communication to grantor agencies in instances where payments are delayed?
Comments
1808
Packet Pg. 44
12.b.a
18
19
20
Answer
Question
Yes
N.J.S.A. 40A:5-4 requires municipalities to complete their annual audit for the preceding
fiscal year within 6 months after the close of its fiscal year. Further, N.J.S.A. 40A:5-6
requires the municipality’s auditor to submit a certified duplicate copy of the audit report
and recommendations with the Division within 5 days after filing the original with the
municipal clerk. Has your municipality received its completed audit for the preceding
fiscal year within the statutory timeframe, and confirmed that your auditor has filed a
certified duplicate copy of the audit report with the Division? You may only answer this
question “N/A” if the Director expressly granted an extension in response to a governing
body resolution petitioning for same.
Yes
For its most recent audit period completed, has the municipality: 1) not had findings
reported in the Schedule of Findings and Questioned Costs related to potential or actual
questioned costs; or 2) not accrued a liability or made payment to a grantor for
questioned costs or disallowed expenditures; or 3) not been notified of an amount that
must be refunded to a grantor as a result of a contract audit or for any other reason?
Yes
Pursuant to N.J.S.A. 40A: 2-40, the chief financial officer each municipality shall, before
the end of the first month of the fiscal year, file their Annual Debt Statement with the
Division of Local Government Services. The annual debt statement must be filed
electronically following the procedure described in Local Finance Notice 2013-3. Did your
municipality file its electronic Annual Debt Statement for the preceding fiscal year with the
Division no later than January 31 (July 31 for SFY municipalities)?
Comments
Franklin Township usually qualifies for the Single
Audit that extends the filing deadline of the
annual audit report. Franklin Township is
working to improve the timely filing of the audit
report. The CY 2012 Audit Report was dated
November 12, 2013; the CY 2013 Audit Report
was dated September 15, 2014. The goal for the
CY 2014 Audit Report is to file by June 30, 2015
Packet Pg. 45
1808
12.b.a
Question
Answer
21
Yes
Local Finance Notice 2014-09 contains important information about the need for
municipalities that have certain outstanding debt to abide by requirements to annually
disclose certain information with respect to financial conditions. The continuing financial
disclosure obligations are required by federal law and local agreements executed as part
of past issuances of debt. Failure to comply can result in penalties against local
governments and individual officers responsible for various filings. Failure to comply can
also result in a lack of access to capital markets. Has your CFO done all of the following:
(1) reviewed Local Finance Notice 2014-09; and (2) undertaken, or caused to be
undertaken, a review of past compliance with such requirements?
22
Yes
Is your municipality up to date and fully compliant with continuing disclosure obligations
as discussed in the previous question?
Comments
1808
Procurement - P
23
No
Municipalities and their agencies are allowed to prohibit the award of public contracts to
business entities that have made certain campaign contributions exceeding $300 and to
limit the contributions that the holders of a contract can make during the term of a
contract to $300. A model ordinance concerning pay-to-play can be found at
http://www.nj.gov/dca/divisions/dlgs/resources/muni_st_docs/ pay_to_play_ordinancecontractor.doc. Has your municipality adopted a pay-to-play ordinance pursuant to N.J.S.A.
40A:11-51 that is more restrictive than state statutory requirements?
Packet Pg. 46
12.b.a
Answer
24
25
Question
Comments
Yes
Changes in energy markets could potentially offer substantial savings for local
governments. Local Finance Notice 2012-12 provides important guidance on the
competitive procurement of energy. Has your CFO, head purchasing official or other
appropriate municipal official evaluated and discussed with your governing body (or an
appropriate subcommittee thereof) whether the cooperative or competitive procurement
Council Meeting of 3/24/14
of energy would benefit your municipality? If you answer "Yes", please state in the
Comment section the approximate date of the discussion and whether the discussion
was with the governing body or, if with a subcommittee thereof, name the
subcommittee. You may only answer "N/A" if your municipality already participates in
competitive energy procurement.
Yes
The Local Finance Board recently adopted new rules, outlined in Local Finance Notice 201317, expanding municipalities' ability to purchase goods and services with procurement
cards. The most significant change is the elimination of the prior per-transaction
monetary limitation on P-Cards (15% of local unit’s bid threshold) where a Qualified
Purchasing Agent manages a local unit's P-Card program. Has your CFO, head purchasing
official or other appropriate municipal official evaluated and discussed with your
Financial Oversight Committee Meeting of
governing body (or an appropriate subcommittee thereof) how and whether a
1/28/13
procurement card program could benefit the municipality or, if a procurement card
program already exists, whether the program complies with the new regulations? If you
answered "Yes", please state in the Comment section in the approximate date of the
discussion and whether the discussion was with the governing body or, if with a
subcommittee thereof, name the subcommittee. If your municipality has a
procurement card program, please name the vendor in the Comment section.
Packet Pg. 47
1808
12.b.a
Question
Answer
Comments
P.L. 2013, c. 37, known as the “Sandy Integrity Monitor Law”, requires the State Treasurer
to assign monitors to recovery and rebuilding-related contracts $5 million or above, and
grants the Treasurer discretion to assign monitors on contracts below $5 million. Pursuant
to authority granted under the law, all Sandy-related recovery and rebuilding contracts
over $2 million awarded by local governments must be reported to the State Department Franklin Twp did not receive any Sandy-related
26
N/A
recovery & rebuilding contracts > $2 million.
of Treasury. Please access Treasury’s Sandy website at
http://www.state.nj.us/treasury/news-sandy.shtml for more information on your
municipality’s responsibilities under the Sandy Integrity Monitor Law.
Has your municipality reported all Superstorm Sandy-related contracts over $2 million to
the State Treasurer?
N.J.S.A. 40A:11-5 (a)(i) states that, if a municipality utilizes the professional services
exemption from the Local Public Contracts Law, “The governing body shall in each instance
state supporting reasons for its action in the resolution awarding each contract and shall
forthwith cause to be printed once, in the official newspaper, a brief notice stating the
27 Prospective nature, duration, service and amount of the contract, and that the resolution and contract
are on file and available for public inspection in the office of the clerk of the []
municipality…”. With respect to the award of professional services contracts, is your
municipality complying with the above referenced provision of the Local Public Contracts
Law?
Budget Preparation and Presentation - BP
28
Yes
In preparing your annual budget it is important for both the governing body and public to
understand the concept of surplus and how it accumulates (or declines) over the years. A
formal policy regarding surplus serves as a basis for decisions concerning future financial
solvency, and the lack of a policy could lead bond rating agencies to downgrade your
municipality's credit rating. In developing said surplus policy your CFO should analyze and
explain at least a five-year trend of surplus; illustrating the factors causing each annual
increase or decrease. A surplus policy with realistic and sustainable goals can then be
determined. Does your municipality have a written policy goal for the amount of surplus
available in support of municipal operations, and is this goal evaluated annually?
Packet Pg. 48
1808
12.b.a
Answer
Question
Yes
In preparing your annual budget for the current year, it is important that the impact that
current budgeting decisions may have on future years' budgets be presented, evaluated
and considered before the governing body takes final action. Long term plans concerning
revenue, appropriations, tax levy, tax levy cap and surplus are critical to sustaining (or
achieving) a solid fiscal condition. Are budget projections 1) factoring in the impact that
the current year's budget may have on the future tax levy (as restricted by the levy cap)
and future surplus balances for at least two future year's budgets, and 2) are these budget
projections discussed with the governing body?
30
N/A
Certain municipalities have indirectly pledged prompt payment (i.e. issued a guarantee) of debt
service with respect to debt issued by counties, independent authorities or developers. Bond
Rating Agencies (e.g. Moody's, Fitch, Standard & Poor's) have downgraded certain municipalities'
bond ratings to below investment grade for lack of preparation in the event a lender calls in a debt
guarantee. If your municipality guarantees any debt, are direct service revenues that may be
pledged against debt repayment monitored by the municipal CFO; and to the extent that cash flow
from pledged revenue will not satisfy the debt repayment, are sufficient funds held in reserve to
satisfy the guarantee or is an existing authorization in place to issue debt (e.g. a bond ordinance) in
the event a lender calls in the guarantee?
31
Yes
32
Yes
33
No
29
Comments
1808
Do elected officials receive a written status report at least quarterly on all budget
revenues and appropriations as they correspond to the annual adopted budget?
In developing your multi-year capital plan, is your municipality dedicating sufficient
revenues to fund maintenance, repair and eventual replacement of infrastructure such as
roads, storm sewers, sanitary sewers and water systems?
N.J.S.A. 40A:4-5 requires that calendar year municipalities approve their introduced
budgets no later than February 10, unless the Director sets forth a later date pursuant to
N.J.S.A. 40A:4-5.1. Did your municipality approve its introduced current year budget no
later than the date provided by law or as extended by the Director?
Packet Pg. 49
12.b.a
34
Answer
Question
No
N.J.S.A. 40A:4-10 requires that calendar year municipalities adopt their budgets no later
than March 20, unless the Director sets forth a later date pursuant to N.J.S.A. 40A:4-5.1.
Did your municipality adopt its current year budget no later than the date provided by law
or as extended by the Director? This question may only be answered “N/A” if your
municipality delayed its budget adoption because it awaited a Division determination
concerning a grant award or Transitional Aid award.
Comments
1808
Packet Pg. 50
12.b.a
Question
Comments
Does your municipality exclude from healthcare coverage part-time elected and appointed
officials (less than 35 hours per week)? Only answer "yes" if no part-time elected or
appointed officials receive health benefits. If your municipality has part-time elected or
appointed officials who elect to take State Health Benefits Program (SHBP) health
benefits (or receive a waiver for not doing so) by virtue of serving in their position
continuously since May 21, 2010, you must answer "No". If you answered "No", please
list in the Comments section the name and title of each elected or appointed official
receiving either health benefits or a waiver payment in lieu of health benefits.
The following elected officials receive
hospitalization benefits:
Councilwoman
Kimberly Francois
Mayor Brian
Levine
Councilman Rajiv
Prasad
Councilman James
Vassanella
Councilman Carl Wright
Answer
Health Insurance - HI
35
No
36
Yes
37
No
Does your municipality conduct a monthly review of health benefit covered lives itemized
on health insurance invoices to determine that health insurance invoices do not include
employees, former employees, spouses or dependents who should no longer be receiving
coverage?
Municipalities frequently contract with or designate insurance brokers to secure
healthcare coverage from insurance carriers. Brokers are typically paid by third-party
administrators (TPA's) hired to collect, review and pay healthcare bills. The municipality
pays the TPA, who in turn pays the broker. Broker fees are often directly related to the
amount of insurance premiums or fees paid by the municipality (i.e. the higher the
premium, the larger the broker's commission). Thus, the municipality-broker-TPA
arrangement is vulnerable to abuse because brokers could face conflicting incentives in
seeking lower-cost insurance alternatives. If your municipality contracts with or otherwise
designates an insurance broker, is the structure for broker payments set at a flat-fee
rather than on a commission basis (so as to mitigate the risk of brokers recommending
more expensive insurance coverage to earn higher fees)?
Packet Pg. 51
1808
12.b.a
Answer
38
39
Question
Comments
N/A
The State Health Benefits Program (SHBP) offers medical, prescription and dental
coverage options for more than 850,000 participants, including employees, dependents
and retirees. All plans have substantial networks of healthcare providers, and provide
services nationwide. 62% of municipalities, and 33% of counties, within New Jersey
participate in SHBP. If your municipality has non-SHBP coverage, as your collective
bargaining agreements come up for renegotiation, do your municipality's negotiation
proposals seek contract provisions allowing its employees to be switched to SHBP or
another non-SHBP plan of lesser cost?
Franklin Township has a health benefits plan that
costs less than the SHBP, and compares quotes to
the SHBP annually before adopting new plan.
Yes
Prior to municipal officers and employees being required to substantially share in the cost
of their health benefits, there was no disincentive to officers and employees accepting
coverage even though they had alternative coverage. Many municipalities would offer
payments in lieu of health benefits to encourage officers and employees to voluntarily
drop coverage, provided they had coverage from another source. The policy often saved
money by replacing the expensive cost of providing health care with the less expensive
payment in lieu of health benefits. The need to pay officers and employees money to not
take a health insurance benefit they can receive from another source has largely
disappeared, because the cost of premium sharing will cause officers and employees to
drop coverage if alternative coverage is available. Has your municipality: (1) explored all
necessary actions to end payments in lieu of health benefits (e.g. modifying collective
bargaining agreements); and (2) either adopted or discussed at a public meeting a policy
prohibiting payments in lieu of health benefits to officers and employees who are not
contractually entitled to such payments? An answer of “N/A” is only applicable where
there are no instances in the municipality of payments in lieu of health benefits.
Franklin Township changed the policy to match
the State's language of a max of $5,000. Also
implemented Ordinance #4059-14:
Approved 4/22/14, Adopted 5/13/14
Packet Pg. 52
1808
12.b.a
1808
Question
Answer
Comments
40
Yes
41
Yes
42
Yes
Personnel - PE
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage,
overtime pay, recordkeeping, and child labor standards affecting full-time and part-time
workers in the private sector and in Federal, State, and local governments. The law
requires that overtime pay must be paid for all hours over 40 hours in a work week except
for those employees classified as exempt and thus not entitled to overtime. Management
employees such as elected officials, municipal managers/administrators, municipal clerks,
CFOs, public works superintendents, police chiefs and other department heads are
typically classified as having exempt status and are not entitled to overtime pay. Other
municipal employees may also be classified as exempt under the FLSA (you should consult
with your labor counsel for more detailed guidance). Does your municipality refrain from
paying overtime to employees who are classified as exempt under the FLSA? In
answering this question, be aware that exempt status would also preclude overtime pay
for time worked during emergencies, attendance at night meetings, participation in
training sessions, and police “off-duty” assignments (a/k/a “Jobs in Blue”). Also, please
N.J.S.A. 34:13A-8.2 requires public employers, including municipalities, to file with the
Public Employment Relations Commission (PERC) a copy of all contracts negotiated with
public employee representatives. This includes, but is not limited to, collective bargaining
agreements, memoranda of understanding, contract amendments, and "side letter" or
"side bar" agreements. Copies of same may be emailed to [email protected]. Has
your municipality filed all current contracts with PERC?
Does your municipality make available to the public free of charge, either through an
internet posting or on-site review, documents that show the current salaries of all
personnel?
Packet Pg. 53
12.b.a
Answer
43
Yes
44
No
Question
Comments
Accurate records of employee time are critical not only for financial accountability, but
also effective management of your workforce. Is your municipality ensuring that 1)
employees complete and file standardized forms, either electronically or by paper, to
verify all employee time worked (e.g. time cards, electronic time keeping); 2) your
personnel/human resources office maintains records accounting for all employee leave
time earned and used; and 3) supervisors are reviewing and approving/denying employee
time and attendance documentation before those records are submitted to management
and, in the case of department heads, is such documentation reviewed and verified
independently?
Has your municipality instituted a policy to not compensate employees for sick leave
accumulated after a certain date?
1808
Packet Pg. 54
12.b.a
Answer
45
Yes
46
No
47
N/A
48
Yes
49
Yes
Question
Comments
Does your municipality have a transitional duty program (light duty) to encourage
employees out on workers compensation to return to work?
The State Workers Compensation Law provides that, when an employee receives a workrelated injury producing temporary disability, the employee is entitiled to wagecontinuation equal to 70% of the employee's weekly wages, subject to a maximum
compensation as determined by the Commissioner of Labor. Does your municipality limit
benefits for work-related injuries to the above statutory benefit? The answer to this
question can be "prospective" if such a provision was imposed by an arbitrator in binding
arbitration but the municipality is seeking to eliminate such a contractual obligation
through collective bargaining.
The weekly benefit rate provided under the State Temporary Disability Law for a non-workrelated injury is calculated on the basis of claimant's average weekly wage. Each claimant
Franklin Twp does not participate in the State
is paid 2/3 of their average weekly wage up to the maximum amount payable, which is
Temporary Disability Program. Twp offers a
$595 for disabilities beginning on or after 1/1/13. Does your municipality refrain from
private program w/ lower benefits & once on
supplementing the Temporary Disability benefit? The answer to this question can be
long term disability employee's contribution
"prospective" if such a provision was imposed by an arbitrator in binding arbitration but
towards premium for long term benefits becomes
the municipality is seeking to eliminate such a contractual obligation through collective
100% of cost.
bargaining. Only answer "N/A" if your municipality does not participate in the State
Temporary Disability Program.
Has your municipality adopted an ordinance, resolution, regulation or policy eliminating
longevity awards, bonuses or payments for non-union employees?
For any employees covered by a collective bargaining agreement, has your municipality
eliminated longevity awards, bonuses or payments for employees hired on or after a
specified date, and refrained from increasing longevity awards, bonuses or payments for
employees hired before a specified date? The answer to this question can be
"prospective" if such provisions were imposed by an arbitrator in binding arbitration but
the municipality is seeking to eliminate such a contractual obligation through collective
bargaining.
Packet Pg. 55
1808
12.b.a
Question
Answer
50
Yes
Employee personnel manuals or handbooks serve as a valuable tool to convey a
municipality’s policies, procedures and benefits. Many insurance carriers encourage the
adoption of such a document and offer discounted rates for their use. These publications
should review employees’ rights and obligations in areas ranging from discrimination,
safety, violence, and harassment to vacation and sick days, holidays, use of township
vehicles, smoking and political activity, among others. Has your municipality adopted or
updated an employee personnel manual/handbook by resolution or ordinance within the
last five years? If yes, please provide in the Comments section the date of the meeting
during which the personnel manual was adopted.
0
36
7
6
1
50
Select
Yes
No
N/A
Prospective
Total Answered:
43
86%
0%
Comments
Resolution: Council Meeting of 6/24/08.
Current Manual issued 3/13/12
Score (Yes + N/A + Prospective)
Score %
Percent Withheld
Chief Administrative Officer's Certification
I hereby certify that the information provided in this Best Practices Inventory is accurate
Certification #(s)
to the best of my knowledge.
Name & Title: Robert Vornlocker, Manager
Date: 10/17/14
Chief Financial Officer's Certification
I hereby certify that the information provided in this Best Practices Inventory is accurate
to the best of my knowledge.
Name: Kathleen D. Moody, Director of Revenue & Finance
Certification #(s) N920
Date: 10/17/14
Packet Pg. 56
1808
12.b.a
Question
Answer
Comments
1808
Municipal Clerk's Certification
I hereby certify that the Governing Body of the Township of Franklin in the County of
Somerset discussed/will discuss the CY 2014/SFY 2015 Best Practice Inventory as
completed herein at a public meeting on October 28, 2014, with the Inventory results, and the
certification thereof by the Chief Administrative and Chief Financial Officers, respectively, to
be stated in the minutes of said public meeting.
Name: Ann Marie McCarthy
Certification #(s) C-1022
Date: October 17, 2014
Packet Pg. 57
12.b.a
Question
Answer
Comments
Red = Repeat Question; Prospective answers not permitted
Blue = Questions where neither "not applicable" nor "N/A" answers are permitted
Green = Repeat questions where neither "Prospective" nor "Not Applicable" are permitted
No Color = "Yes"; "No"; "Prospective" and "Not Applicable" are all permissible answers
# of Questions scored
yes, prospective, or
“not applicable”
41-50
33-40
25-32
17-24
9-16
0-8
Amount of Aid
Disbursed
100%
80%
60%
40%
20%
0%
Impact on final 5% aid payment/impact on total aid
No penalty
Lose 20% which equals 1% of total aid
Question Table of Weblinks
4
http://nj.gov/comptroller/news/docs/press_local_government_legal_fees.pdf
7
7
8
8
20
21
23
24
25
26
http://www.state.nj.us/perc/Collective_Bargaining_Agreement_Summary_Form_Police_and_Fire_2012.04.02__Instructions_and_Example_.pdf
http://www.state.nj.us/perc/Collective_Bargaining_Agreement_Summary_Form_Non-Police_and_Non-Fire_2012.04.02__Instructions_and_Example_.pdf
http://www.fema.gov/national-flood-insurance-program/national-flood-insurance-program-community-rating-system
http://www.nj.gov/dep/floodcontrol/about.htm
http://www.nj.gov/dca/divisions/dlgs/lfns/13/2013-3.pdf
http://www.nj.gov/dca/divisions/dlgs/resources/muni_st_docs/pay_to_play_ordinance-contractor.doc
http://www.state.nj.us/treasury/news-sandy.shtml
Packet Pg. 58
1808
12.c
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
AGENDA ITEM 2014-73
Meeting: 10/28/14 07:00 PM
Category: Discussion Item
Sponsors:
DOC ID: 3328
Change of Polling Location - Consolata Missions to Franklin
Park School - Districts 30-34
Consolata Missions informed me on Wednesday, October 22nd that their boiler broke down
and it won't be repaired until after the November Election, resulting in the need to relocate the
polling location. After speaking with the Interim Assistant Superintendent for Business/Board
Secretary and the County Board of Elections, we have secured Franklin Park School as the
polling location for Districts 30-34 for the General Election to be held on November 4, 2014.
There is an annex with a gym and a separate entrance that will be utilized as the polling
location. There will be no disruption to the school children on that day.
Notification of this change will be made by notices in the newspapers, postcards mailed by my
office to all registered voters in those districts (4000+), website and TV channel. On the day of
the election, there will be signs at both polling locations directing them to the correct site.
The County Board of Elections has recommended that a person be placed at Consolata Missions
directing those to show up there to Franklin Park School.
Page 1
Packet Pg. 59
14.a
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
Meeting: 10/28/14 07:00 PM
Category: Warrant List
Sponsors:
AGENDA ITEM 2014-74
DOC ID: 3322
Approval of Warrants - October 28, 2014
Page 1
Packet Pg. 60
14.a.a
ACCOUNTS
PAYABLE
(PRINTED
CHECKS)
FUND DESCRIPTION
MANUAL CHECKS
TOTAL PAYMENTS
$
904,095.28
-
$
7,904.62
$
-
$
96,649.42
31,936.61
$
-
$
31,936.61
$
105,356.46
$
-
$
105,356.46
$
94,681.77
$
-
$
94,681.77
11 RECREATION TRUST
$
6,119.25
$
-
$
6,119.25
12 TRUST OTHERS
$
52,981.22
$
-
$
52,981.22
13 UNEMPLOYMENT
$
$
-
$
15 REDEVELOPMENT
$
$
-
$
17 ANIMAL CONTROL
$
$
-
$
19 SELF INSURANCE
$
$
-
$
20 AFFORDABLE HOUSING
$
-
$
-
$
30 PAYROLL AGENCY
$
-
$
35 Historical Preservation
$
-
$
-
$
-
37 POLICE FORFEITURE
$
-
$
-
$
-
39 WORKER'S COMP
$
-
$
-
$
-
40 OPEN SPACE
$
5,712.42
$
-
$
5,712.42
42 REDEVELOPMENT ESCROW
$
5,484.51
$
-
$
5,484.51
50 COUNTY IMP AUTH FUND
$
1 CURRENT
$
899,372.60
$
2 GRANT
$
7,904.62
$
3 TAX TITLE LIEN
$
96,649.42
4 GENERAL CAPITAL
$
5 WATER
6 WATER CAPITAL
SUB-TOTAL
51 ESCROW
GRAND TOTAL
1,406.00
1,739.32
4,722.68
7,330.06
$
$
-
$ 1,309,344.20
$
$
22,665.86
$
$ 1,332,010.06
$
12,052.74
-
12,052.74
1,406.00
1,739.32
7,330.06
-
$
1,321,396.94
$
22,665.86
$
1,344,062.80
.
Packet Pg. 61
Attachment: Warrants (Bill List) Summary #17 - October 28, 2014 (2014-74 : Approval of Warrants - 10/28/14)
WARRANTS (BILL LIST) SUMMARY #17
October 28, 2014
WARRANTS (BILL LIST) SUMMARY #17
October 28, 2014
ACCTS PAYABLE
(PRINTED CHECKS)
FUND DESCRIPTION
MANUAL CHECKS
TOTAL PAYMENTS
904,095.28
-
$
7,904.62
$
-
$
96,649.42
31,936.61
$
-
$
31,936.61
$
105,356.46
$
-
$
105,356.46
WATER CAPITAL
$
94,681.77
$
-
$
94,681.77
11
RECREATION TRUST
$
6,119.25
$
-
$
6,119.25
12
TRUST OTHERS
$
52,981.22
$
-
$
52,981.22
13
UNEMPLOYMENT
$
$
-
$
15
REDEVELOPMENT
$
$
-
$
17
ANIMAL CONTROL
$
$
-
$
19
SELF INSURANCE
$
$
-
$
20
AFFORDABLE HOUSING
$
-
$
-
$
30
PAYROLL AGENCY
$
-
$
35
HISTORICAL PRESERVATION
$
-
$
-
$
-
37
POLICE FORFEITURE
$
-
$
-
$
-
39
WORKER'S COMP
$
-
$
-
$
-
40
OPEN SPACE
$
5,712.42
$
-
$
5,712.42
42
REDEVELOPMENT ESCROW
$
5,484.51
$
-
$
5,484.51
50
COUNTY IMP AUTH FUND
$
$
-
$
SUB-TOTAL
$
1,309,344.20
$
ESCROW
$
22,665.86
$
GRAND TOTAL
$
1,332,010.06
$
CURRENT
$
899,372.60
$
2
GRANT
$
7,904.62
$
3
TAX TITLE LIEN
$
96,649.42
4
GENERAL CAPITAL
$
5
WATER
6
51
1,406.00
1,739.32
-
4,722.68
7,330.06
12,052.74
-
12,052.74
$
1,406.00
1,739.32
7,330.06
-
$
1,321,396.94
$
22,665.86
$
1,344,062.80
.
Attachment: Warrants (Bill List) Summary #17 - October 28, 2014 (2014-74 : Approval of Warrants - 10/28/14)
14.a.a
Packet Pg. 62
$
1
October 24, 2014
10:14 AM
Purchase Order Listing By Vendor Name
P.O. Type: All
Include Project Line Items: Yes
Range: First
to Last
Format: Detail without Line Item Notes
Received Date Range: 10/15/14 to 10/28/14
Include Non-Budgeted: Y
Vendor # Name
PO #
PO Date Description
Item Description
Vendor Total:
60.00
15.99
19.99
3.16
20.99
9.95
3.00
133.08
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
Exempt: Y
First
Rcvd
Stat/Chk Enc Date Date
B UNIF FIRE SAFETY PENALTY
Chk/Void
Date
Invoice
1099
Excl
R
08/08/14 10/28/14
2941
N
R
R
R
R
R
R
R
10/06/14
10/06/14
10/06/14
10/06/14
10/06/14
10/06/14
10/06/14
45245E
45245E
45245E
45245E
45245E
45245E
45245E
N
N
N
N
N
N
N
B WATER METERS
R
10/20/14 10/28/14
RELEASE OF ESCR N
B PROF & CONSULTING SRVS
B PROF & CONSULTING SRVS
R
R
08/06/14 10/28/14
08/06/14 10/28/14
35480
35481
B
B
B
B
B
B
B
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
133.08
AFFOR005 Affordable Landscaping
14-03688 10/20/14 Release of water meter escrow
1 Release of water meter escrow
740.00 T-12-56-00-0850-802
740.00
N
N
525.00
14.a.b
Packet Pg. 63
AGRAENVI Agra Environmental & Lab Serv
14-00191 01/23/14 BLANKET @ WATER SAMPLES 1-4/14
17 BLANKET: WATER SAMPLES bal2014
252.00 4-05-55-00-0500-028
18 BLANKET: WATER SAMPLES bal2014
273.00 4-05-55-00-0500-028
525.00
Vendor Total:
Void: N
Aprv: N
Other: Y
3,570.00
ACTIYAMA Action Yamaha
14-03558 10/06/14 Parts for police quad
1 Parts for police quad
2 003 5DM-13440-00-00 Element
3 003-5LP-14451-01-00
4 010 DPRB8EA9 Spark plug N6K
5 003-LUB-10W40-AP-04
6 245-51-1042 Radial full waffle
7 Parts for police quad
Vendor Total:
Paid: N
Held: N
State: Y
Contract PO Type
Amount Charge Account
Acct Type Description
1075EMER 10-75 Emergency Lighting, LLC
14-02857 08/08/14 Vehicle cabinets and equipment
1 Storage cabinet for vehicle
3,570.00 T-12-56-00-0850-845
Vendor Total:
Open: N
Rcvd: Y
Bid: Y
Page No: 1
Attachment: Purchase Order Listing by Vendor (2014-74 : Approval of Warrants - 10/28/14)
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
ALLIEDOI ALLIED OIL COMPANY
14-00894 03/11/14 Gasoline and Diesel
35 Unleaded gasoline and diesel
11,546.57 4-01-31-00-0446-074
Vendor Total:
First
Rcvd
B GAS-MOTOR FUELS
Chk/Void
Date
Invoice
1099
Excl
R
06/17/14 10/28/14
999635
N
B MUNICIPAL CLERK-OTHER CONTRACTUAL ITEMS R
09/18/14 10/28/14
1067412
N
B CULTURAL ARTS COMMISSION
R
06/25/14 10/28/14
CALENDARS
N
B POLICE DEPT.-CHEMICALS AND GASES
R
05/30/14 10/28/14
I11411389
N
B
B
B
B
R
R
R
R
09/17/14
09/17/14
09/17/14
09/17/14
919961
919961
919961
919961
N
N
N
N
11,546.57
ALLSTATE ALLSTATE BUSINESS ARCHIVES
14-03382 09/18/14 July-December Off-Site Storage
3 July-November Off-Site Storage
322.00 4-01-20-00-0120-029
Vendor Total:
322.00
FERNANGE Angela Fernan
14-02282 06/25/14 2015 calendars
1 2015 calendar
500.00 T-11-56-00-3789-803
Vendor Total:
500.00
APPRFIRE APPROVED FIRE PROTECTION INC.
14-00294 02/03/14 OXYGEN/FIRE EXTINGUISHER REFIL
14 O2/FIRE EXTING refill-est2014
137.34 4-01-25-00-0240-031
Vendor Total:
137.34
ASSOTRUC ASSOCIATED TRUCK PARTS
14-03351 09/17/14 Parts for truck #953
1 Parts for truck #953
2 Part# VHD2769SHD
3 Part# 3600A Drums
4 Part# 2819235 Valve
Vendor Total:
Page No: 2
88.00
16.00
190.00
42.95
336.95
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
VEHICLE
VEHICLE
VEHICLE
VEHICLE
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
VEHICLE
VEHICLE
VEHICLE
VEHICLE
PARTS
PARTS
PARTS
PARTS
10/28/14
10/28/14
10/28/14
10/28/14
336.95
14.a.b
Packet Pg. 64
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
ATT5094 AT& T
14-00550 02/17/14 phone charge Feb thru dec 2014
9 long dist chgs Feb June 2014
13.06 4-01-31-00-0440-076
Vendor Total:
859.92
114.00
309.42
237.48
671.10
5,981.76
3,015.60
11,189.28
14-03411 09/19/14 5.11 RESPONSE JACKET
1 5.11 RESPONSE JACKET
2 5.11 POLICE ID panelset velcro
3-01-25-00-0240-058
3-01-25-00-0240-058
3-01-25-00-0240-058
3-01-25-00-0240-058
3-01-25-00-0240-058
3-01-25-00-0240-058
3-01-25-00-0240-058
48.74 4-01-25-00-0240-043
8.99 4-01-25-00-0240-043
57.73
BOSS
Boss
14-03461 09/26/14 Boss Subscription
1 Annual Boss Subscription
1099
Excl
R
03/20/14 10/28/14
1160843537
N
R
R
R
R
R
R
R
07/17/13
07/17/13
07/17/13
07/17/13
07/17/13
07/17/13
07/17/13
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
SQ80397799
SQ80397799
SQ80397799
SQ80397799
SQ80397799
SQ80397799
SQ80397799
N
N
N
N
N
N
N
B POLICE DEPT.-CLOTHING & UNIFORMS
B POLICE DEPT.-CLOTHING & UNIFORMS
R
R
09/19/14 10/28/14
09/19/14 10/28/14
SI90152495
SI90152495
N
N
P 48 Old Georgetown Road
R
10/14/14 10/28/14
B DATA PROCESSING-OTHER CONTRACTUAL ITEMS R
09/26/14 10/28/14
B
B
B
B
B
B
B
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
DEPT.-OTHER
DEPT.-OTHER
DEPT.-OTHER
DEPT.-OTHER
DEPT.-OTHER
DEPT.-OTHER
DEPT.-OTHER
EQUIP
EQUIP
EQUIP
EQUIP
EQUIP
EQUIP
EQUIP
&
&
&
&
&
&
&
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
SUPPLIES
N
1,060.86
4,995.00 4-01-20-00-0140-029
BSCSUB1410173
N
4,995.00
14.a.b
Packet Pg. 65
Vendor Total:
B TELEPHONE-TELEPHONE CHARGES
Chk/Void
Date
Invoice
11,247.01
BEDRO005 Bedrock Tower Inc
14-03656 10/14/14 to release inspection escrow
1 to release inspection escrow
1,060.86 1052172869
Vendor Total:
First
Rcvd
13.06
ATLATACS ATLANTIC TACTICAL OF NJ
13-02564 07/17/13 AMMUNITION
1 .308 WINCHESTER SBS T308A
4 9MM WC91
5 .45 USA45AVP
7 7.62 Q3174
8 .223 RA2235F
9 .40 USA40SW
10 .223 USA223R1
Vendor Total:
Page No: 3
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
BURLMECH Burlew Mechanical, LLC
14-03527 10/02/14 Service call to 935 Hamilton
1 Service call to 935 Hamilton
80.35 4-01-26-00-0310-055
Vendor Total:
14-02721 07/30/14 Labor to repair external alarm
1 Labor to repair external alarm
254.50 4-01-26-00-0315-026
1099
Excl
B BUILDING & GROUNDS-PLUMBING, A/C, HEATIN R
10/02/14 10/28/14
2323
N
B OPEN SPACE - OTHER EQUIPMENT & SUPPLIES R
09/17/14 10/28/14
29402
N
B
B
B
B
B
B
B
B
B
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
MAINT.-EQUIP
MAINT.-EQUIP
MAINT.-EQUIP
MAINT.-EQUIP
MAINT.-EQUIP
MAINT.-EQUIP
MAINT.-EQUIP
MAINT.-EQUIP
MAINT.-EQUIP
REPAIR
REPAIR
REPAIR
REPAIR
REPAIR
REPAIR
REPAIR
REPAIR
REPAIR
&
&
&
&
&
&
&
&
&
MAINT
MAINT
MAINT
MAINT
MAINT
MAINT
MAINT
MAINT
MAINT
R
R
R
R
R
R
R
R
R
07/30/14
07/30/14
07/30/14
07/30/14
07/30/14
07/30/14
07/30/14
07/30/14
10/13/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
43106
43106
43106
43106
43106
43106
43106
43106
43106
N
N
N
N
N
N
N
N
N
B VEHICLE MAINT.-EQUIP REPAIR & MAINT
R
07/30/14 10/28/14
43499
N
B CY: SC YOUTH ANNUAL GRANT
B CY: SC YOUTH ANNUAL GRANT
R
R
10/14/14 10/28/14
10/14/14 10/28/14
590137
589079
N
N
2,000.99
162.26
14.a.b
Packet Pg. 66
AMICI
CAFE AMICI
14-03664 10/14/14 SCYSC program refreshments
1 SCYSC program refreshments
23.18 G-02-41-12-0708-000
3 SCYSC program refreshments
139.08 G-02-41-12-0708-000
162.26
Vendor Total:
Chk/Void
Date
Invoice
350.00
C3TECHNO C3 Technologies, LLC
14-02710 07/30/14 Annual Testing of Fuel Pumps
1 Annual fuel pump test.DPW/Mun.
180.00 4-01-26-00-0315-026
2 Pressure Vacuum Vent Cap Test
75.00 4-01-26-00-0315-026
3 Dynamic Backpressure Perform175.00 4-01-26-00-0315-026
4 Mechanical Line Leak Dectector
380.00 4-01-26-00-0315-026
5 Electronic Monitoring System
390.00 4-01-26-00-0315-026
6 Shear Valve Tests/E-Stop Test
150.00 4-01-26-00-0315-026
7 Verificaton of Overfill Pro300.00 4-01-26-00-0315-026
8
0.00 4-01-26-00-0315-026
9 parts-gasket & hose
96.49 4-01-26-00-0315-026
1,746.49
Vendor Total:
First
Rcvd
80.35
CRGRAPHI C & R Graphics
14-03371 09/17/14 WALK & ROLL STREET BANNER
1 WALK & ROLL STREET BANNER
350.00 T-40-56-14-0366-058
Vendor Total:
Page No: 4
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
CANAL WA CANAL WALK ASSOC, LLC
14-03683 10/20/14 Winter Bond Release
1 Winter Bond Release
Vendor Total:
750.00 T-12-56-00-0850-805
750.00 T-12-56-00-0850-805
750.00 T-12-56-00-0850-805
2,250.00
C-04-55-13-4026-902
C-04-55-13-4026-902
C-04-55-13-4026-902
C-04-55-13-4026-902
B SURETY CASH
B SURETY CASH
B SURETY CASH
R
R
R
10/20/14 10/28/14
10/20/14 10/28/14
10/20/14 10/28/14
BOND RELS #1356 N
BOND RELS#14515 N
BOND RELS#14520 N
B POLICE DEPT.-EQUIP REPAIR & MAINT
R
05/30/14 10/28/14
14227497
N
R
05/20/14 10/28/14
310402158
N
B
B
B
B
R
R
R
R
06/16/14
06/16/14
06/16/14
06/16/14
10/28/14
10/28/14
10/28/14
10/28/14
123229180
123229180
123229180
123229180
N
N
N
N
R
10/02/14 10/28/14
IV2014584
N
2013
2013
2013
2013
ROAD
ROAD
ROAD
ROAD
OVERLAY
OVERLAY
OVERLAY
OVERLAY
PROGRAM
PROGRAM
PROGRAM
PROGRAM
1,307.60
CORPTRAI Corporate Training Group
14-03528 10/02/14 Training for Joe Dellaragione
1 Cisco CMA V10.0
2,695.00 4-01-20-00-0140-042
B DATA PROCESSING-EDUCATION AND TRAINING
2,695.00
14.a.b
Packet Pg. 67
Vendor Total:
1099
Excl
89.19
CLAYBLOC CLAYTON BLOCK COMPANY, INC.
14-02154 06/16/14 N BRUNSWICK & BAIER REAPIRS
1 N BRUNSWICK & BAIER REAPIRS
378.00
504.00
325.60
4 shipping
100.00
1,307.60
Vendor Total:
Chk/Void
Date
Invoice
125.00
CENTLINK CENTURY LINK
14-01744 05/20/14 2014 phone/Bunker Hill alarm
6 2014 Bunker Hill phone 5-12/14
89.19 4-01-31-00-0440-076
Vendor Total:
First
Rcvd
2,250.00
CANON
Canon Solutions America, Inc.
14-00105 01/17/14 COPIER LEASE-INVES DIV 6-12/14
10 COPIER LEASE invest div6-12/14
125.00 4-01-25-00-0240-026
Vendor Total:
Page No: 5
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
CROWTROP CROWN TROPHY
14-03745 10/21/14 Plaque
1 12 x 15 Recognition Plaque
110.00 T-11-56-00-3787-801
Vendor Total:
1,652.36 G-02-41-12-0750-100
R
10/21/14 10/28/14
15522
N
B CY 2012 CLEAN COMMUMINITIES
R
06/09/14 10/28/14
40129951
N
B MUNICIPAL COURT-CONFERENCES & MEETINGS
R
10/17/14 10/28/14
OCTOBER 17
N
R
06/02/14 10/28/14
38136
N
B PREMIUM ON TAX SALE
B TAX LIEN REDEMPTIONS
R
R
10/21/14 10/28/14
10/21/14 10/28/14
SALE TAX CERT
SALE TAX CERT
N
N
R
R
R
R
05/19/14
05/19/14
05/19/14
05/19/14
160221
160223
160226
160227
N
N
N
N
2,280.67
B
B
B
B
LEGAL
LEGAL
LEGAL
LEGAL
SERVICES-LEGAL
SERVICES-LEGAL
SERVICES-LEGAL
SERVICES-LEGAL
SERVICES
SERVICES
SERVICES
SERVICES
10/28/14
10/28/14
10/28/14
10/28/14
14.a.b
DECOTIIS DECOTIIS FITZPATRICK COLE LLC
14-00057 01/16/14 Legal Services
90 Legal Services
14,961.03 4-01-20-00-0155-027
91 Legal Services
4,043.32 4-01-20-00-0155-027
92 Legal Services
155.89 4-01-20-00-0155-027
93 Legal Services
907.09 4-01-20-00-0155-027
Packet Pg. 68
B SUMMER CAMPS
1,321.36
WANG DAX DAXUAN WANG
14-03753 10/21/14 REDEMPTION OF TAX SALE CERTS
1 REDEMPTION OF TAX SALE CERTS
1,500.00 T-03-55-00-9999-294
2
780.67 T-03-55-00-9999-914
2,280.67
Vendor Total:
1099
Excl
35.00
DNS
DATA NETWORK SOLUTIONS
14-00146 01/22/14 Internet/phone Service all2014
17 Internet/phone Servicebal 2014
1,321.36 4-01-31-00-0440-076
Vendor Total:
Chk/Void
Date
Invoice
1,652.36
SANTIAGO DAMARIS SANTIAGO
14-03681 10/17/14 TCMCAA Meeting 10/17/14
1 TCMCAA Meeting 10/17/14
35.00 4-01-43-00-0490-041
Vendor Total:
First
Rcvd
110.00
CUSTBAND CUSTOM BANDAG INC.
14-02016 06/09/14 4 tires for sweeper
1 Tires for street sweeper #955
Vendor Total:
Page No: 6
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
DECOTIIS DECOTIIS FITZPATRICK COLE LLC Continued
14-00057 01/16/14 Legal Services
Continued
94 Legal Services
1,774.10 4-01-20-00-0155-027
95 Legal Services
955.10 4-01-20-00-0155-027
96 Legal Services
1,620.00 4-01-20-00-0155-027
97 Legal Services
409.70 4-01-20-00-0155-027
24,826.23
Vendor Total:
3,959.12
7,402.05
1,118.54
2,798.55
3,214.40
18,492.66
Vendor Total:
B
B
B
B
LEGAL
LEGAL
LEGAL
LEGAL
SERVICES-LEGAL
SERVICES-LEGAL
SERVICES-LEGAL
SERVICES-LEGAL
B
B
B
B
B
IT-PC
IT-PC
IT-PC
IT-PC
IT-PC
&
&
&
&
&
SERVICES
SERVICES
SERVICES
SERVICES
Chk/Void
Date
Invoice
1099
Excl
R
R
R
R
05/19/14
05/19/14
05/19/14
05/19/14
10/28/14
10/28/14
10/28/14
10/28/14
160228
160230
160231
160220
N
N
N
N
C-04-55-14-3914-906
C-04-55-14-3914-906
C-04-55-14-3914-906
C-04-55-14-3914-906
C-04-55-14-3914-906
R
R
R
R
R
10/06/14
10/06/14
10/06/14
10/06/14
10/06/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
XJK2J37W5
XJK23F933
XJK1C8732
XJK1D5K88
XJK2DXJ77
N
N
N
N
N
R
R
10/23/14 10/28/14
10/23/14 10/28/14
SEPT 14
SEPT2014
N
N
B AID TO VOL. FIRE-INSURANCE & SURETY BOND R
10/20/14 10/28/14
PRINTER
PRINTER
PRINTER
PRINTER
PRINTER
REPLACEMENT
REPLACEMENT
REPLACEMENT
REPLACEMENT
REPLACEMENT
PROGRAM
PROGRAM
PROGRAM
PROGRAM
PROGRAM
18,492.66
DIRENER Direct Energy Business
14-03763 10/23/14 third party utility
1 third party utility
2 third party utility
14.82 4-05-55-00-0500-071
3,152.24 4-01-31-00-0430-071
3,167.06
B ELECTRICITY
B ELECTRICITY-ELECTRICITY
3,167.06
PETEEVEL Evelyn J. Peters
14-03694 10/20/14 Life Insurance Benefit
1 Life Insurance Benefit for
2,500.00 4-01-25-00-0255-090
Vendor Total:
First
Rcvd
24,826.23
DELL
DELL MARKETING L.P.
14-03552 10/06/14 PC/Server replacement
1 quote692160487 DC ftwp/ftpd
2 quote692240858 7010 desktops
3 quote692163832 7020smform w/mo
4 quote692240243 7020smform
5 quote692182223 9020highend OEM
Vendor Total:
Page No: 7
N
2,500.00
14.a.b
Packet Pg. 69
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
FEDEXKIN Fed Ex/Kinkos
14-03556 10/06/14 printing of calendars
1 printing of calendars
1,817.10 T-11-56-00-3789-803
Vendor Total:
Vendor Total:
Chk/Void
Date
Invoice
1099
Excl
R
10/06/14 10/28/14
121200004823
N
B FINANCIAL ADMIN-POSTAGE
R
10/07/14 10/28/14
2-809-68495
N
B SUMMER CAMPS
B SUMMER CAMPS
R
R
06/10/14 10/28/14
06/10/14 10/28/14
9043354
9043354
N
N
B SUMMER CAMPS
R
06/10/14 10/28/14
9041459
N
B SUMMER CAMPS
B SUMMER CAMPS
B SUMMER CAMPS
R
R
R
06/10/14 10/28/14
06/10/14 10/28/14
06/10/14 10/28/14
9037796
9040456
9041238
N
N
N
B WATER METERS
R
10/20/14 10/28/14
WATER MTR ESCR N
36.84
FIRSSTUD FIRST STUDENT 20628
14-02049 06/10/14 summer camp--funplex
1 Funplex Trip
2 Funplex Trip
885.00 T-11-56-00-3787-801
295.00 T-11-56-00-3787-801
1,180.00
14-02050 06/10/14 summer camp--Brunswick zone
1 Brunswick Zone
975.00 T-11-56-00-3787-801
14-02051 06/10/14 summer camps--Crystal springs
1 crystal springs
195.00 T-11-56-00-3787-801
2 crystal springs
195.00 T-11-56-00-3787-801
3 crystal springs
195.00 T-11-56-00-3787-801
585.00
2,740.00
FLEET
FLEET SOMERSET LLC
14-03686 10/20/14 Release of Water Meter Escrow
1 Release of Water Meter Escrow
1,880.50 T-12-56-00-0850-802
Vendor Total:
First
Rcvd
1,817.10
FEDEX
FEDERAL EXPRESS CORP.
14-03575 10/07/14 Delivery of package to NCM
1 Delivery of package to NCM
36.84 4-01-20-00-0130-022
Vendor Total:
Page No: 8
1,880.50
14.a.b
Packet Pg. 70
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
MAIDFRAN Frances Maidi
14-03608 10/10/14 Refund Cell Phone Tricks Class
1 Refund Cell Phone Tricks Class
20.00 T-11-56-00-3788-601
Page No: 9
First
Rcvd
Chk/Void
Date
Invoice
1099
Excl
B SENIOR ACTIVITIES
R
10/10/14 10/28/14
REFUND
N
P Headlands Realty Corp
R
08/31/14 10/28/14
HEADLANDS
N
P 400 Campus Drive
R
08/31/14 10/28/14
N
14-03210 09/09/14 prior year inhouse chgs
1 prior year inhouse chgs
5,696.32 102219606
P Elizabeth & Harper St
R
08/31/14 10/28/14
N
14-03211 09/09/14 close account
1 close account
P Elizabeth Ave/New Brunswick
R
09/09/14 10/28/14
N
14-03212 09/09/14 in house chgs not taken
1 in house chgs not taken
10,708.10 1020219699
P Lakeside @ Franklin-Lakeside R
R
08/31/14 10/28/14
N
14-03654 10/14/14 prior year inhouse chgs
1 prior year inhouse chgs
2,088.15 1030219670
P Elizabeth Ave
R
10/14/14 10/28/14
N
B DEPT OF RECREATION-OTHER CONTRACT SERVIC R
B DEPT OF RECREATION-OTHER CONTRACT SERVIC R
05/16/14 10/28/14
05/16/14 10/28/14
FTPD007778
FTPD007778
N
N
B DEPT OF RECREATION-OTHER CONTRACTUAL ITE R
10/15/14 10/28/14
FTPD007040
N
Vendor Total:
FTCURR FRANKLIN TWP CURRENT FUND
14-03208 09/09/14 in house chgs
1 in house chgs
14-03209 09/09/14 in house charges
1 in house charges
Vendor Total:
20.00
118.53 104273252
11.49 1022172539
0.12 102219619
18,622.71
FTPOLICE FRANKLIN TWP POLICE DEPARTMENT
14-00452 02/10/14 Security Teen Rec & Ham 1st qt
20 Security Teen Rec/Ham qtr 2-3
720.00 4-01-28-00-0370-029
21 Security Teen Rec/Ham qtr 2-3
180.00 4-01-28-00-0370-029
900.00
14.a.b
Packet Pg. 71
14-03669 10/15/14 police security Hamilton/Willm
1 police security
540.00 3-01-28-00-0370-029
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
FTPOLICE FRANKLIN TWP POLICE DEPARTMENT Continued
14-03669 10/15/14 police security Hamilton/Willm Continued
2 police security
90.00 3-01-28-00-0370-029
630.00
Vendor Total:
141.58 4-05-55-00-0599-023
10/15/14 10/28/14
FTPD006647
N
B REFUND OF CURRENT YR REV
R
10/08/14 10/28/14
WATER OVERPAYME N
B HR-EDUCATION AND TRAINING
R
09/23/14 10/28/14
15994217
N
R
10/21/14 10/28/14
09/05/14INV
N
R
R
10/21/14 10/28/14
10/21/14 10/28/14
TAX SALE REDEMP N
TAX SALE REDEMP N
B GENERAL MACHINERY PARTS & VALVES
R
09/29/14 10/28/14
9563412627
8,422.82
GRAINGER GRAINGER
14-03495 09/29/14 HOSE FOR VALVE TURNER EQUIP.
1 HOSE FOR VALVE TURNER EQUIP.
661.32 4-05-55-00-0500-039
N
14.a.b
Packet Pg. 72
B DEPT OF RECREATION-OTHER CONTRACTUAL ITE R
70.00
GHARRO GHARRO LLC
2,400.00 T-03-55-00-9999-294
6,022.82 T-03-55-00-9999-914
8,422.82
Vendor Total:
1099
Excl
149.00
CORDGABR Gabriel Cordeiro
14-03714 10/21/14 design cultural arts flyer
1 color flyer
70.00 T-11-56-00-3789-803
Vendor Total:
Chk/Void
Date
Invoice
141.58
FREDPRYO Fred Pryor Seminars
14-03430 09/23/14 Ess. For 1st Time Mgrs Seminar
1 Ess. For 1st Time Mgrs Seminar
149.00 4-01-20-00-0105-042
Vendor Total:
First
Rcvd
1,530.00
FTSA
FRANKLIN TWP SEWERAGE AUTHORTY
14-03583 10/08/14 WATER OVERPAY 13408-0
1 WATER OVERPAY 13408-0
Vendor Total:
Page No: 10
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
GRAINGER GRAINGER
Continued
14-03559 10/06/14 Disp. particulate respirators
1 Disp. particulate respirators
52.77 4-01-26-00-0290-056
52.77 4-05-55-00-0500-056
52.77 T-40-56-14-0366-069
158.31
Vendor Total:
1099
Excl
B STREETS & ROADS-EMERGENCY & SAFETY SUPP. R
B EMERGENCY & SAFETY SUPP.
R
B OPEN SPACE- DPW LANDSCAPE MAINTENANCE
R
10/06/14 10/28/14
10/06/14 10/28/14
10/06/14 10/28/14
9560171887
9560171887
9560171887
N
N
N
B SITE PLAN PERFORMANCE
R
10/20/14 10/28/14
REDUCTION BOND N
B INTERCONN/WATER LINE/NB-UNCLASSIFIED
R
R
R
03/26/14 10/28/14
03/26/14 10/28/14
03/26/14 10/28/14
IV00195098
IV00195097
IV00198113
N
N
N
R
R
09/19/14 10/28/14
09/19/14 10/28/14
D030005
D098162
N
N
B OTHER EQUIP & SUPPLIES
B OTHER EQUIP & SUPPLIES
R
R
09/29/14 10/28/14
09/29/14 10/28/14
D068073
D068073
N
N
94,681.77
HDSUPPLY HD SUPPLY WATERWORKS
14-03405 09/19/14 CASTLETON PARK WATER SERVICE
1 CASTLETON PARK WATER SERVICE
3,675.00 T-40-56-14-0366-069
2 COMPRESSION COUPLINGS BID 0-15
805.00 T-40-56-14-0366-069
4,480.00
14-03496 09/29/14 REPAIR BANDS BID ITEMS
1 SINGLE STRAP REPAIR BAND 261
307.00 4-05-55-00-0500-058
2 DOUBLE STRAP REPAIR BAND 262
489.00 4-05-55-00-0500-058
796.00
5,276.00
14.a.b
Packet Pg. 73
Vendor Total:
Chk/Void
Date
Invoice
40,715.83
HATCMOTT HATCH MOTT MACDONALD
14-01099 03/26/14 BERRY STREET PUMP STATION
4 BERRY STREET PUMP STATION
21,168.21 C-06-55-10-0385-000
35,179.70 C-06-55-10-0385-000
38,333.86 C-06-55-10-0385-000
94,681.77
Vendor Total:
First
Rcvd
819.63
GROSS005 Grosso Seven Lots LLC
14-03684 10/20/14 Reduction of Cash Bond
1 Reduction of Cash Bond
40,715.83 T-12-56-00-0850-804
Vendor Total:
Page No: 11
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
HORI3PEN HORIZON BLUE CROSS/BLUE SHIELD
14-03730 10/21/14 Nov. 2014 Medical & RX Charges
1 Nov. 2014 Medical & RX Charges
599,465.01 4-01-23-00-0220-092
Vendor Total:
First
Rcvd
Chk/Void
Date
Invoice
1099
Excl
B GROUP INSURANCE-MEDICAL INSURANCE
R
10/21/14 10/28/14
049597601
N
R
10/21/14 10/28/14
049595465
N
R
10/21/14 10/28/14
049590508
N
B
B
B
B
B
B
B
R
R
R
R
R
R
R
08/06/14
08/06/14
08/06/14
08/06/14
08/06/14
08/06/14
08/06/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
8147372
8147373
8147343
8147109
8147108
8147893
8147951
N
N
N
N
N
N
N
R
R
09/03/14 10/28/14
09/03/14 10/28/14
8147167
8147167
N
N
599,465.01
HORICOBR HORIZON BLUE CROSS/BLUE SHIELD
14-03743 10/21/14 November 2014 COBRA Charges
1 November 2014 COBRA Charges
660.94 4-01-23-00-0220-092
Vendor Total:
660.94
HORIDENT HORIZON BLUE CROSS/BLUE SHIELD
14-03744 10/21/14 November 2014 Dental Charges
1 November 2014 Dental Charges
21,918.82 4-01-23-00-0220-092
Vendor Total:
21,918.82
HORIDISP HORIZON DISPOSAL
14-02831 08/06/14 Port a John rental Parks
7 Port a John rental
55.49 T-11-56-00-3787-601
110.98 T-11-56-00-3787-601
70.00 T-11-56-00-3787-601
55.49 T-11-56-00-3787-601
46.94 T-11-56-00-3787-601
46.94 T-11-56-00-3787-601
55.49 T-11-56-00-3787-601
441.33
14-03157 09/03/14 portajohn rental 9/20
1 portajohn rental 9/20
2 portajohn rental 9/20
110.98 T-11-56-00-3789-803
58.02 T-11-56-00-3789-803
169.00
PARK
PARK
PARK
PARK
PARK
PARK
PARK
PERMITS
PERMITS
PERMITS
PERMITS
PERMITS
PERMITS
PERMITS
610.33
14.a.b
Packet Pg. 74
Vendor Total:
Page No: 12
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
HOSESHOP HOSE SHOP INC.
14-00884 03/11/14 Hoses for various vehicles
9 Various hydraulic hose assy.
76.59 4-01-26-00-0315-034
14-03549 10/06/14 Hydraulic hose assembly 1054
1 Hydraulic hose assembly/1054
369.20 4-01-26-00-0315-034
2 Item# 518C6-PM6-06FN-28.50"
133.32 4-01-26-00-0315-034
502.52
Vendor Total:
R
03/11/14 10/28/14
49007
N
B VEHICLE MAINT.-MOTOR VEHICLE PARTS
R
R
10/06/14 10/28/14
10/06/14 10/28/14
00048832
00048832
N
N
P Interest account
R
10/14/14 10/28/14
ESCROW RELEASE N
R
10/21/14 10/28/14
TAX SALE REDEMP N
B TAX ASSESSMENT-PROF & CONSULTING SRVS
R
09/12/14 10/28/14
SUBCONTRACTOR
N
B MUNICIPAL COURT-PROF & CONSULTING SRVS
R
02/21/14 10/28/14
092314
N
B STREETS & ROADS-OTHER CONTRACTUAL ITEMS R
08/07/14 10/28/14
195
N
210.00
KELLWINT KELLY WINTHROP, LLC
14-00100 01/17/14 Deer Carcass Removal Services
8 Deer Carcass Removal Services
342.00 4-01-26-00-0290-029
14.a.b
Packet Pg. 75
1,600.00
PANGKONG JUNE KONG-JUN PANG
14-00623 02/21/14 Mandarin Interpreter-Jan-Mar
2 Jan-Mar Mandarin Interpreter
210.00 4-01-43-00-0490-028
Vendor Total:
1099
Excl
1,095.37
LAMIJOHN Jonathan P. Lamicella
14-03273 09/12/14 Field Inspector/J. Lamicella
1 Field Inspector/J. Lamicella
1,600.00 4-01-20-00-0150-028
Vendor Total:
Chk/Void
Date
Invoice
2,802.29
PALUMBO JOHN PALUMBO
1,095.37 T-03-55-00-9999-914
Vendor Total:
First
Rcvd
579.11
JAINC005 Jain Center of New Jersey
14-03649 10/14/14 Release of Inspection fee esc
1 Release of Inspection fee esc
2,802.29 10999999
Vendor Total:
Page No: 13
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
KELLWINT KELLY WINTHROP, LLC
Continued
14-00100 01/17/14 Deer Carcass Removal Services Continued
9 Deer Carcass Removal Services
38.00 4-01-26-00-0290-029
380.00
Vendor Total:
BRADPAT KELSO AND BRADSHAW
14-03648 10/14/14 Professional fees
1 Professional fees
Vendor Total:
180.00 1072172422
1099
Excl
B STREETS & ROADS-OTHER CONTRACTUAL ITEMS R
08/07/14 10/28/14
195
N
P 4185 Route 27 Princeton nj
R
10/14/14 10/28/14
ZBA13-00001
N
R
09/30/14 10/28/14
1275
N
B MISC.-REFUND OF CURRENT YR REV
R
10/08/14 10/28/14
OVERPAYMENT
N
B VEHICLE/ACCIDENT INSURAN
R
10/10/14 10/28/14
32048
N
R
08/08/14 10/28/14
5377925
N
829.65
2,757.71
MAACO
MAACO COLLISION REPAIR AND
14-03600 10/10/14 Body repair work for #821
1 Body repair and paint on #821
1,739.32 T-19-56-62-0130-005
Vendor Total:
Chk/Void
Date
Invoice
180.00
LINTH005 LIN, THOMAS A & CARRIE
14-03582 10/08/14 TAX OVERPAY 423.01/27.05
1 TAX OVERPAY 423.01/27.05
2,757.71 4-01-90-00-0000-023
Vendor Total:
First
Rcvd
380.00
LCB
LCB, Inc.
14-03520 09/30/14 CASTLETON Pk WATER SERV sand
1 CASTLETON PARK H20 SERV SAND
829.65 T-40-56-14-0366-069
Vendor Total:
Page No: 14
1,739.32
MACNAUTO MacNeil Automotive Products
14-02858 08/08/14 Vehicle equipment (floor mats)
1 First Row Floor Liners for
76.79 T-12-56-00-0850-845
14.a.b
Packet Pg. 76
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
MACNAUTO MacNeil Automotive Products
Continued
14-02858 08/08/14 Vehicle equipment (floor mats) Continued
2 Shipping
18.00 T-12-56-00-0850-845
94.79
Vendor Total:
MALOCHEV Malouf Chevy Cadillac, Inc.
14-03522 09/30/14 Fuel tank for #946
1 Fuel tank for #946
Vendor Total:
1,612.50 4-01-26-00-0315-034
MARIPRES MARIANO PRESS
14-03569 10/07/14 UCC FORMS
1 UCC FORMS F221, Qty 5,000
4 UCC FORMS F224A, Qty 5,000
Vendor Total:
Chk/Void
Date
Invoice
1099
Excl
R
08/08/14 10/28/14
5377925
N
R
09/30/14 10/28/14
41108
N
R
10/10/14 10/28/14
447891
N
B MUNICIPAL COURT-CONFERENCES & MEETINGS
R
10/17/14 10/28/14
OCTOBER 17
N
B
B
B
B
R
R
R
R
10/07/14
10/07/14
10/07/14
10/07/14
54698
54698
54698
54698
N
N
N
N
1,612.50
37.75
DIMAMARI MARIA DI MARZIO
14-03682 10/17/14 TCMCAA Meeting 10/17/14
1 TCMCAA Meeting 10/17/14
35.00 4-01-43-00-0490-041
Vendor Total:
First
Rcvd
94.79
MALOFORD MALOUF FORD LINCOLN
14-03597 10/10/14 Part for DPW Mason dump 954
1 Part for DPW Mason dump #954
37.75 4-01-26-00-0315-034
Vendor Total:
Page No: 15
35.00
229.00
256.00
256.00
256.00
997.00
4-01-22-00-0195-023
4-01-22-00-0195-023
4-01-22-00-0195-023
4-01-22-00-0195-023
UNIFORM
UNIFORM
UNIFORM
UNIFORM
CONST
CONST
CONST
CONST
CODE-PRINTING
CODE-PRINTING
CODE-PRINTING
CODE-PRINTING
AND
AND
AND
AND
BINDING
BINDING
BINDING
BINDING
10/28/14
10/28/14
10/28/14
10/28/14
997.00
14.a.b
Packet Pg. 77
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
SANGMEGH Megha Sanghavi
14-03523 09/30/14 Refund Bollywood Class
1 Refund Bollywood Class
First
Rcvd
Chk/Void
Date
Invoice
1099
Excl
B ADULT FITNESS
R
09/30/14 10/28/14
CLASS REFUND
N
B 2014 Roid Grant
R
06/03/14 10/28/14
OCTOBER 11
N
B REDEVELOPMENT AGENCY- LEGAL SERVICES
B REDEVELOPMENT AGENCY- LEGAL SERVICES
R
R
05/23/14 10/28/14
05/23/14 10/28/14
130635
130058
N
N
14-00914 03/12/14 legal services - RPM rdvlpmnt
8 legal services - RPM rdvlpmnt
1,741.11 T-42-56-00-0202-000
9 legal services - RPM rdvlpmnt
1,349.00 T-42-56-00-0202-000
3,090.11
B RPM REDEVELOPMENT ESCROW
B RPM REDEVELOPMENT ESCROW
R
R
03/12/14 10/28/14
03/12/14 10/28/14
130637
130060
N
N
14-00916 03/12/14 legal services-leewood rdvlpmn
8 legal services-leewood rdvlpmn
1,140.40 T-42-56-00-0201-000
9 legal services-leewood rdvlpmn
1,254.00 T-42-56-00-0201-000
2,394.40
B LEEWOOD ESCROW
B LEEWOOD ESCROW
R
R
06/25/14 10/28/14
06/25/14 10/28/14
130059
130636
N
N
B COMMUNITY RESOURCES-CONFERENCES & MEETIN R
10/14/14 10/28/14
11/20/14 CONFER N
Vendor Total:
35.00 T-11-56-00-3787-101
Page No: 16
35.00
IANNMICH MICHAEL A. IANNELLA
14-01945 06/03/14 HARMONY DAY COORDINATOR'S FEE
4 HARMONY DAY COORDINATOR'S FEE
250.00 G-02-41-14-0344-855
Vendor Total:
250.00
MCMASCOT MS&B McManimon Scotland Bauman
14-00415 02/10/14 legal-Redev. Agency-Jan-Dec'14
11 legal services-Redev Agency'14
1,045.00 T-15-56-01-0130-027
12 legal services-Redev Agency'14
361.00 T-15-56-01-0130-027
1,406.00
Vendor Total:
6,890.51
MWANJ
MUNICIPAL WELFARE ASSOC. OF NJ
14-03665 10/14/14 annual fall conference
1 municipal league brunch
30.00
14.a.b
Packet Pg. 78
Vendor Total:
30.00 4-01-27-00-0345-041
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
MURPHUBN Murphy McKeon, P.C.
14-00878 03/11/14 legal services- Planning Board
10 legal services- Planning Board
833.00 4-01-21-00-0180-027
833.00 4-01-21-00-0180-027
833.00 4-01-21-00-0180-027
2,499.00
Vendor Total:
Page No: 17
First
Rcvd
Chk/Void
Date
Invoice
1099
Excl
R
R
R
05/16/14 10/28/14
05/16/14 10/28/14
05/16/14 10/28/14
71177
71017 SEPT 14
70860 AUG 14
N
N
N
B MOTOR VEHICLE PARTS
R
01/21/14 10/28/14
1-15940-4
N
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
PARTS
R
R
R
R
R
R
R
R
R
R
R
R
R
R
10/02/14
10/02/14
03/05/14
10/02/14
10/02/14
10/22/14
10/22/14
10/22/14
10/22/14
10/22/14
10/22/14
10/02/14
10/02/14
10/02/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
10/28/14
1-09183-4
1-09182-4
1-12828-5
1-12828-5
1-10496-6
1-09183-4
1-09744-4
1-04356-5
1-10496-6
1-09196-3
1-09866-5
1-12674-5
1-12812-4
1-11299-6
N
N
N
N
N
N
N
N
N
N
N
N
N
N
R
R
02/11/14 10/28/14
02/11/14 10/28/14
1-10700-5
1-10700-5
N
N
R
09/29/14 10/28/14
1-10499-4
N
2,499.00
NATIPART NATIONAL PARTS SUPPLY CO. INC
14-00127 01/21/14 BLANKET FOR EMERGENCY PARTS
3 BLANKET FOR EMERGENCY PARTS
18.60 4-05-55-00-0500-034
14-00236 01/28/14 BLANKET EMER VEHICLE PARTS
31 BLANKET EMER VEHICLE PARTS
20.62
21.18
18.86
71.01
17.04
19.20
19.2038 BLANKET EMER VEHICLE PARTS
54.00
20.62
14.16
6.25
130.20
299.32
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
4-01-26-00-0315-034
14-00469 02/11/14 VEH. DPW934 STEERING PUMP
1 VEH. DPW934 STEERING PUMP
55.03 4-01-26-00-0315-034
2 VEH. DPW934 CORE CHARGE
35.00 4-01-26-00-0315-034
90.03
Packet Pg. 79
B PLANNING BOARD-LEGAL SERVICES
14-03497 09/29/14 Stock - fluids for shop
1 Stock - fluids for shop
41.40 4-01-26-00-0315-034
B
B
B
B
B
B
B
B
B
B
B
B
B
B
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
MAINT.-MOTOR
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
VEHICLE
14.a.b
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
NATIPART NATIONAL PARTS SUPPLY CO. INC Continued
14-03529 10/02/14 Parts for MO41 van
1 Reman star/starter #MO41 van
127.13 4-01-42-00-0890-034
Vendor Total:
1-13382-6
N
B WATER
R
10/21/14 10/28/14
08/29-09/30/14 N
B FIRE HYDRANT CHARGES
B FIRE HYDRANT CHARGES
R
R
06/11/14 10/28/14
06/11/14 10/28/14
823568
N
AUG 29- SEPT29 N
B AID TO VOL. FIRE-INSURANCE & SURETY BOND R
10/21/14 10/28/14
N
B HR - MEDICAL (EXAMS, TESTS, ECT.)
R
07/01/14 10/28/14
21177
N
B HR-PROF & CONSULTING SRVS
R
10/06/14 10/28/14
3788
N
1,386.00
14.a.b
Packet Pg. 80
10/02/14 10/28/14
534.00
PRINHEAL PRINCETON HEALTHCARE SYSTEM
14-03564 10/06/14 EAP Charges - 4th Qtr 2014
1 EAP Charges - 4th Q 2014
1,386.00 4-01-20-00-0105-028
Vendor Total:
B BOARD OF ED: INTERLOCAL-MOTOR VEHICLE PA R
7,000.00
PREVSPEC PREVENTION SPECIALISTS INC.
14-00223 01/27/14 Random Drug/Alcohol Testing
5 Random Drug/Alcohol Testing
534.00 4-01-20-00-0105-093
Vendor Total:
1099
Excl
2,317.13
RITTPAUL Paulette A. Ritterson
14-03733 10/21/14 Life Insurance Benefit
1 Life Insurance Benefit for
7,000.00 4-01-25-00-0255-090
Vendor Total:
Chk/Void
Date
Invoice
92,234.83
NJAMHYDR NJ AMERICAN WATER (HYDRANT)
14-02080 06/11/14 3RD & 4TH QUARTER 2014 HYDRANT
5 3RD & 4TH QUARTER HYDRANT 2014
2,009.23 4-05-55-00-0500-073
6 3RD & 4TH QUARTER HYDRANT 2014
307.90 4-05-55-00-0500-073
2,317.13
Vendor Total:
First
Rcvd
576.48
NEWBRWAT NEW BRUNSWICK WATER UTILITY
14-03724 10/21/14 WATER USAGE SEPTEMBER 2014
1 WATER USAGE SEPTEMBER 2014
92,234.83 4-05-55-00-0500-072
Vendor Total:
Page No: 18
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
PSEG1444 PSE&G CO.
14-03756 10/22/14 September utility bill
1 September utility bill
33,340.44 4-01-31-00-0430-071
86,032.41 4-01-31-00-0435-075
6,901.51 4-05-55-00-0500-071
126,274.36
Page No: 19
First
Rcvd
Chk/Void
Date
Invoice
1099
Excl
B ELECTRICITY-ELECTRICITY
B STREET LIGHTING-STREET LIGHTING
B ELECTRICITY
R
R
R
10/22/14 10/28/14
10/22/14 10/28/14
10/22/14 10/28/14
SEPT 2014
SEPT 2014
N
N
N
R
05/30/14 10/28/14
93402102
N
B USE 801 SUMMER CAMPS; WAS PLAYGROUNDS
R
B DEPT OF RECREATION-EQUIP REPAIR & MAINT R
B DEPT OF RECREATION-EQUIP REPAIR & MAINT R
02/10/14 10/28/14
05/16/14 10/28/14
05/16/14 10/28/14
93378531
93184434
N
N
N
14-00505 02/12/14 COPIER LEASE-DO/TR JAN-JUL '14
19 COPIER LEASE DO JAN-DEC 2014
73.64 4-01-25-00-0240-026
R
05/28/14 10/28/14
93378530
N
14-00573 02/19/14 Twp. Mgr's Copier #C40043614
10 Apr-Dec, 2014 Mgr copier
122.00 4-01-20-00-0100-026
B MANAGER-EQUIP REPAIR & MAINT
R
04/23/14 10/28/14
93402103
N
B ANIMAL CONTROL-EQUIP REPAIR & MAINT
R
05/23/14 10/28/14
93402101
N
B GROUP INSURANCE-OPTICAL REIMBURSEMENT
R
10/22/14 10/28/14
2014 REIMBURSE N
Vendor Total:
126,274.36
IKON
RICOH USA INC.
14-00104 01/17/14 COPIER LEASE-PSD&RECORDS2-3/14
4 COPIER LEASE records 5-12,2014
1,055.46 4-01-25-00-0240-026
14-00414 02/10/14 Lease for rec copy machine
8 Rec copier est. overages
67.88 T-11-56-00-3787-815
11 Lease for rec copier Apr-Dec14
475.00 4-01-28-00-0370-026
12 Lease for rec copier Apr-Dec14
475.00 4-01-28-00-0370-026
1,017.88
Vendor Total:
2,268.98
RICOUSA Ricoh USA, Inc.
14-01831 05/23/14 COPIER LEASE - AC 2014
3 COPIER LEASE - AC 2014
176.46 4-01-27-00-0340-026
Vendor Total:
176.46
Vendor Total:
150.00
14.a.b
Packet Pg. 81
BROWNROB Robert T Brown
14-03754 10/22/14 2014 Optical Reimbursement
1 2014 Optical Reimbursement
150.00 4-01-23-00-0220-096
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
SHERROZA ROZALYN SHERMAN
14-03667 10/15/14 reimbursement for franklin day
1 supplies from costco
52.94 T-11-56-00-3789-803
Vendor Total:
Vendor Total:
197.95 4-05-55-00-0500-024
5.43 4-05-55-00-0500-024
76.90 4-05-55-00-0500-024
280.28
1099
Excl
R
10/15/14 10/28/14
REIMBURSEMENT
N
B WATER METERS
R
10/20/14 10/28/14
ESCROW RELEASE N
B BUILDING MAINTENANCE
R
R
R
08/18/14 10/28/14
08/18/14 10/28/14
08/18/14 10/28/14
0580-2
0580-2
0580-2
N
N
N
B MUNICIPAL ALLIANCE
B MUNICIPAL ALLIANCE
R
R
10/13/14 10/28/14
10/13/14 10/28/14
GIFT CARDS
GIFT CARDS
N
N
B HR-EDUCATION AND TRAINING
R
06/25/13 10/28/14
280.28
SHOPR030 SHOPRITE/SOMERSET
14-03640 10/13/14 Poster contest gift cards
1 Poster contest gift cards
20.00 T-12-56-00-0850-825
2 Poster contest gift cards
100.00 T-12-56-00-0850-825
120.00
120.00
SHRM
Society for Human Resource Mgt
13-02326 06/25/13 Virtual PHR Training
1 Virtual PHR Training
1,645.00 3-01-20-00-0105-042
Vendor Total:
Chk/Void
Date
Invoice
1,729.60
SHERWILL SHERWIN-WILLIAMS COMPANY
14-02971 08/18/14 Paint for renovations
1 Paint for renovations
2 Sales number: 173-1785 9 inch
3 Sales number: 171-3825 3 inch
Vendor Total:
First
Rcvd
52.94
RPMCONTR RPM Contracting LLC
14-03685 10/20/14 Water Meter Escrow Release
1 Water Meter Escrow Release
1,729.60 T-12-56-00-0850-802
Vendor Total:
Page No: 20
N
1,645.00
14.a.b
Packet Pg. 82
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
SOMHEALT SOMERSET COUNTY DEPT OF HEALTH
14-00075 01/16/14 Jan-Dec 2014 Monthly Chgs
10 Jan- Dec 2014 Monthly Chgs
50,390.17 4-01-42-00-0894-029
Vendor Total:
SPJERENE South JerseyEnergy
14-03677 10/17/14 third party energy
1 third party energy
Vendor Total:
6.47
6.29
22.05
0.12
34.93
4-01-31-00-0435-075
4-01-31-00-0435-075
4-01-31-00-0435-075
4-01-31-00-0435-075
1099
Excl
B INTERLOCAL - HEALTH DEPT-OTHER CONTRACT. R
05/19/14 10/28/14
OCT 2014
N
B
B
B
B
R
R
R
R
10/17/14
10/17/14
10/17/14
10/17/14
60001778962
60001778963
60001778964
60001778027
N
N
N
N
B TAX COLLECTION-PROF. ASSOC. DUES
R
10/07/14 10/28/14
TAXCOLL CERTIF N
B WATER METERS
R
10/20/14 10/28/14
ESCROW RELEASE N
B DISPATCH/911-EQUIP REPAIR & MAINT
R
R
R
10/02/14 10/28/14
10/02/14 10/28/14
10/02/14 10/28/14
105025
105025
105025
STREET
STREET
STREET
STREET
LIGHTING-STREET
LIGHTING-STREET
LIGHTING-STREET
LIGHTING-STREET
LIGHTING
LIGHTING
LIGHTING
LIGHTING
10/28/14
10/28/14
10/28/14
10/28/14
50.00
1,880.50
TAPETELE TAPE-TEL ELECTRONICS
14-03541 10/02/14 CA12CD WIRELESS PIT PLANTRONIC
1 CA12CD WIRELESS PIT PLANTRONIC
362.62 4-01-25-00-0250-026
2 SHS-1890-15 WIRED PIT
108.17 4-01-25-00-0250-026
3 SHIPPING
15.00 4-01-25-00-0250-026
485.79
N
N
N
485.79
14.a.b
Packet Pg. 83
Vendor Total:
Chk/Void
Date
Invoice
34.93
SUPRE005 Supreme Metro Corporation
14-03687 10/20/14 Water meter escrow release
1 Water meter escrow release
1,880.50 T-12-56-00-0850-802
Vendor Total:
First
Rcvd
50,390.17
STATE TR STATE TREASURER
14-03571 10/07/14 OMAYRA ROSA TAX COLL CERTIFICA
1 OMAYRA ROSA TAX COLL CERTIFICA
50.00 4-01-20-00-0145-044
Vendor Total:
Page No: 21
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
CROSTHOM THOMAS E. CROSS
14-01030 03/19/14 Housing Rehab Coordinator
12 Housing Rehab Coordinator
840.00 G-02-41-13-8025-465
Vendor Total:
Vendor Total:
Chk/Void
Date
Invoice
1099
Excl
Vendor Total:
R
10/08/14 10/28/14
OCT 15,22,2014 N
B MISC.-REFUND OF CURRENT YR REV
R
10/22/14 10/28/14
REFUND
N
B MOTOR VEHICLE REPAIR & MAINTENANCE
R
09/12/14 10/28/14
157339
N
B STREETS & ROADS-ROAD MATERIALS
B STREETS & ROADS-ROAD MATERIALS
R
R
08/14/14 10/28/14
08/14/14 10/28/14
8028509
8020041
N
N
B 2014 Road Resurfacing
R
08/15/14 10/28/14
8028509
N
B FIRE PREVENTION-BOOKS & PUBLICATIONS
R
05/20/14 10/28/14
#9697
N
09/12/14 10/28/14
HNJL14
N
82.95
TRAPROCK TRAP ROCK INDUSTRIES
14-02919 08/14/14 Road Materials:Pot hole repair
4 Road Materials for pothole
513.10 4-01-26-00-0290-032
5 Road Materials for pothole
1,967.00 4-01-26-00-0290-032
2,480.10
14-02941 08/15/14 Various Road Materials
10 Various Road Materials
5,785.32 C-04-55-14-4062-902
Vendor Total:
8,265.42
NJ809
TREAS. NJ DIV. OF FIRE SAFETY
14-01749 05/20/14 Subscription service
1 Subscription Service for NJ
240.00 4-01-25-00-0265-033
240.00
170.00 4-01-27-00-0345-041
14.a.b
Packet Pg. 84
B CDBG Franklin Twp Housing Rehab Prog
40.00
TIREBARN TIRE BARN
14-03275 09/12/14 VEHICLE WATER 992 ALIGNMENT
1 VEHICLE WATER 992 ALIGNMENT
82.95 4-05-55-00-0500-025
TROPICAN TROPICANA HOTEL
14-03261 09/12/14 league conference
1 HOTEL FOR LEAGUE
First
Rcvd
840.00
THOMA005 Thomas Wyckoff
14-03755 10/22/14 Convenience Center Refund
1 Convenience Center Refund
40.00 4-01-90-00-0000-023
Vendor Total:
Page No: 22
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
TROPICAN TROPICANA HOTEL
14-03261 09/12/14 league conference
2 OCCUPANCY FEE
Vendor Total:
Contract PO Type
Continued
20.00 4-01-27-00-0345-041
190.00
09/12/14 10/28/14
HNJL14
N
B BUILDING & GROUNDS-BUILDING MAINT&CLEAN R
07/22/14 10/28/14
29-5-14
N
R
R
10/21/14 10/28/14
10/21/14 10/28/14
TAX SALE REDEMP N
TAX SALE REDEMP N
R
R
10/21/14 10/28/14
10/21/14 10/28/14
TAX SALE REDEMP N
TAX SALE REDEMP N
R
10/21/14 10/28/14
TAX SALE REDEMP N
R
10/21/14 10/28/14
TAX SALE REDEMP N
5,737.64
8,117.32
PRO CAP US BANK CUST/PRO CAP III, LLC
1,200.00 T-03-55-00-9999-294
14.a.b
Packet Pg. 85
41,707.35
EMP IV US BANK CUST/EMP IV, CAPONE
8,117.32 T-03-55-00-9999-914
Vendor Total:
1099
Excl
4,509.00
TLCF
US BANK CUST/ TLCF 2012A,LLC
4,000.00 T-03-55-00-9999-294
1,737.64 T-03-55-00-9999-914
5,737.64
Vendor Total:
Chk/Void
Date
Invoice
190.00
BLUEVIR US BANK CUST FOR BV001 TRUST
23,000.00 T-03-55-00-9999-294
18,707.35 T-03-55-00-9999-914
41,707.35
Vendor Total:
First
Rcvd
Continued
TRUJCLEA TRUJILLO CLEAN SERVICES
14-02646 07/22/14 Janitorial services for June
5 Janitorial Services
4,509.00 4-01-26-00-0310-024
Vendor Total:
Page No: 23
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
PRO CAP US BANK CUST/PRO CAP III, LLC Continued
14-03750 10/21/14 REDEMPTION OF TAX SALE CERTS Continued
3,022.83 T-03-55-00-9999-914
4,222.83
Vendor Total:
C-04-55-14-3914-902
C-04-55-14-3914-902
C-04-55-14-3914-902
C-04-55-14-3914-902
R
10/21/14 10/28/14
TAX SALE REDEMP N
B CLEAN COMMUNITY PROGRAM
B CY 2012 CLEAN COMMUMINITIES
R
R
10/23/14 10/28/14
10/23/14 10/28/14
2014NEWSLETTER N
2014NEWSLETTER N
R
R
R
R
10/02/14
10/02/14
10/02/14
10/02/14
287255
287255
287255
287255
N
N
N
N
B DATA PROCESSING-PROF & CONSULTING SRVS
B DATA PROCESSING-PROF & CONSULTING SRVS
R
R
05/20/14 10/28/14
05/20/14 10/28/14
FT082514
FT101614
N
N
R
06/03/14 10/28/14
M55501563114269 N
B
B
B
B
POLICE:SAFETY
POLICE:SAFETY
POLICE:SAFETY
POLICE:SAFETY
EQUIP(VEH)
EQUIP(VEH)
EQUIP(VEH)
EQUIP(VEH)
&
&
&
&
DEFIBRLLATORS
DEFIBRLLATORS
DEFIBRLLATORS
DEFIBRLLATORS
10/28/14
10/28/14
10/28/14
10/28/14
478.00
14.a.b
Packet Pg. 86
966.00
VER4832 VERIZON
14-00557 02/18/14 Police trunk radio systems
21 Police trunk radio systems
478.00 4-01-31-00-0440-076
Vendor Total:
1099
Excl
5,979.75
VALIVIDE VALIANT VIDEO PRODUCTIONS
14-01745 05/20/14 Blanket-Videographer 5-12/14
5 Blanket-Videographer 5-12/14
588.00 4-01-20-00-0140-028
6 Blanket-Videographer 5-12/14
378.00 4-01-20-00-0140-028
966.00
Vendor Total:
Chk/Void
Date
Invoice
5,000.00
VERALPH V.E. RALPH & SON, INC.
14-03542 10/02/14 FRX Heartstart Defibrillators
1 FRX Heartstart Defibrillators
4,990.00
2 Carry Case FRX Defibrillators
469.75
3 Infant/Child Key FRX
340.00
4 Smart Pad II FRX
180.00
5,979.75
Vendor Total:
First
Rcvd
4,222.83
USPOSTKI US POST OFFICE
14-03775 10/23/14 winter 2014 newsletter mailing
1 fall 2014 newsletter mailing
3,181.66 G-02-41-08-0750-099
2 fall 2014 newsletter mailing
1,818.34 G-02-41-12-0750-100
5,000.00
Vendor Total:
Page No: 24
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
VERIBUS Verizon Business
14-00738 03/03/14 Dialogic phone bill
9 Dialogic phone bill-2014
First
Rcvd
Chk/Void
Date
Invoice
1099
Excl
B TELEPHONE CHARGES
R
05/23/14 10/28/14
74923221
N
B POLICE DEPT.-TELEPHONE CHARGES
R
05/28/14 10/28/14
9732986950
N
B ENRICHMENT PROGRAMS
R
09/29/14 10/28/14
REFUND
N
B UNIFORM CONST CODE-CLOTHING & UNIFORM
R
10/15/14 10/28/14
REIMBURSEMENT
N
LUPOVINC VINCE LUPO
14-01500 04/28/14 Bldg Safety Conference 5/7-9
1 Building Safety Conference
254.64 4-01-22-00-0195-042
B UNIFORM CONST CODE-EDUCATION AND TRAININ R
04/28/14 10/28/14
CONFERENCE
N
14-03676 10/15/14 ICC conference expenses
1 ICC conference expenses-9/2014
1,944.93 4-01-22-00-0195-041
B UNIFORM CONST CODE-CONFERENCES & MEETING R
10/15/14 10/28/14
REIMBURSEMENT
N
10/21/14 10/28/14
TAX SALE REDEMP N
Vendor Total:
1,329.67 4-05-55-00-0500-076
Page No: 25
1,329.67
VERIW240 VERIZON WIRELESS
14-00103 01/17/14 WIRELESS BILL-jan - feb 2014
9 WIRELESS BILL-Mar-Dec, 2014
3,342.34 4-01-25-00-0240-076
Vendor Total:
3,342.34
HELMVERO Veronica Helm
14-03510 09/29/14 Reimburse Chess Beginner Class
1 Reimburse Chess Beginners
96.00 T-11-56-00-3787-401
Vendor Total:
96.00
PARDVICT VICTOR PARDO
14-03674 10/15/14 UNIFORM REIMBURSEMENT
1 UNIFORM REIMBURSEMENT
Vendor Total:
Vendor Total:
101.56 4-01-22-00-0195-043
101.56
2,199.57
R
14.a.b
Packet Pg. 87
VIRGO
VIRGO MUNICIPAL FINANCE FUND L
1
3,200.00 T-03-55-00-9999-294
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
VIRGO
VIRGO MUNICIPAL FINANCE FUND L Continued
14-03752 10/21/14 REDEMPTION OF TAX SALE CERTS Continued
2
21,865.42 T-03-55-00-9999-914
25,065.42
Page No: 26
First
Rcvd
Chk/Void
Date
Invoice
1099
Excl
R
10/21/14 10/28/14
TAX SALE REDEMP N
B TAX COLLECTION-PROF & CONSULTING SRVS
R
09/23/14 10/28/14
V59303
N
WBMASON W. B. MASON, INC.
14-00920 03/12/14 Blanket-Small WB Mason Orders
32 Blanket - Office Supplies
14.61 4-01-20-00-0100-036
B MANAGER-OFFICE SUPPLIES
R
07/17/14 10/28/14
I21122621
N
14-03557 10/06/14 Office Supplies-Comm. Resource
1 Office Supplies-Comm. Resource
134.42 4-01-20-00-0100-036
B MANAGER-OFFICE SUPPLIES
R
10/06/14 10/28/14
I21246992
N
B 2014 Server Room Temp Monitor System:IT R
B 2014 Server Room Temp Monitor System:IT R
09/05/14 10/28/14
09/05/14 10/28/14
3420750-00
3420750-000
N
N
09/29/14 10/28/14
09/29/14 10/28/14
24640
24640
N
N
Vendor Total:
25,065.42
VITAL
VITAL COMMUNICATIONS, INC.
14-03423 09/23/14 MOD IV TAPE FOR ADDED BILLS
1 MOD IV TAPE FOR ADDED BILLS
100.00 4-01-20-00-0145-028
Vendor Total:
Vendor Total:
100.00
149.03
WARSELEC WARSHAUER ELECTRIC
14-03193 09/05/14 Backup power for APC cnt.
1 Backup Power for APC Cnt.
247.52 C-04-55-14-4063-906
2 SQDQOB330 BOLT-ON CB 3P 30A
123.76 C-04-55-14-4063-906
371.28
Vendor Total:
371.28
WESTCALD West Caldwell Labs
14-03512 09/29/14 Calibration Noise Meter
1 Calibration Noise Meter
262.50 4-01-25-00-0250-026
2 Calibrate QC-10
187.50 4-01-25-00-0250-026
R
R
14.a.b
Packet Pg. 88
October 24, 2014
10:14 AM
Vendor # Name
PO #
PO Date Description
Item Description
Contract PO Type
WESTCALD West Caldwell Labs
Continued
14-03512 09/29/14 Calibration Noise Meter
Continued
3 Shipping
35.00 4-01-25-00-0250-026
485.00
Vendor Total:
Total Purchase Orders:
Page No: 27
First
Rcvd
R
09/29/14 10/28/14
Chk/Void
Date
Invoice
24640
1099
Excl
N
485.00
141 Total P.O. Line Items:
256 Total List Amount:
1,332,010.06
Total Void Amount:
0.00
14.a.b
Packet Pg. 89
October 24, 2014
10:14 AM
Page No: 28
Totals by Year-Fund
Fund Description
Fund
Budget Total
Revenue Total
G/L Total
Project Total
Total
CURRENT
3-01
13,464.28
0.00
0.00
0.00
13,464.28
CURRENT
4-01
885,908.32
0.00
0.00
0.00
885,908.32
WATER
4-05
105,356.46
0.00
0.00
0.00
105,356.46
4-51
0.00
991,264.78
0.00
0.00
0.00
0.00
22,665.86
22,665.86
22,665.86
1,013,930.64
C-04
31,936.61
0.00
0.00
0.00
31,936.61
C-06
94,681.77
126,618.38
0.00
0.00
0.00
0.00
0.00
0.00
94,681.77
126,618.38
DEVELOPERS ESCROW
Year Total:
GENERAL CAPITAL
WATER CAPITAL
Year Total:
GRANT
G-02
7,904.62
0.00
0.00
0.00
7,904.62
TAX TITLE LIEN
T-03
96,649.42
0.00
0.00
0.00
96,649.42
RECREATION TRUST
T-11
6,119.25
0.00
0.00
0.00
6,119.25
TRUST OTHER
T-12
52,981.22
0.00
0.00
0.00
52,981.22
REDEVELOPMENT
T-15
1,406.00
0.00
0.00
0.00
1,406.00
SELF INSURANCE
T-19
1,739.32
0.00
0.00
0.00
1,739.32
OPEN SPACE
T-40
5,712.42
0.00
0.00
0.00
5,712.42
T-42
Year Total:
5,484.51
170,092.14
0.00
0.00
0.00
0.00
0.00
0.00
5,484.51
170,092.14
Total Of All Funds:
1,309,344.20
0.00
0.00
22,665.86
1,332,010.06
REDEVELOPMENT ESCROW
14.a.b
Packet Pg. 90
October 24, 2014
10:14 AM
Project Description
Project No.
Lakeside @ Franklin-Lakeside R
1020219699
10,708.10
400 Campus Drive
1022172539
11.49
Elizabeth & Harper St
102219606
5,696.32
Elizabeth Ave/New Brunswick
102219619
0.12
Elizabeth Ave
1030219670
Headlands Realty Corp
104273252
48 Old Georgetown Road
1052172869
1,060.86
4185 Route 27 Princeton nj
1072172422
180.00
Interest account
10999999
Total Of All Projects:
Page No: 29
Project Total
2,088.15
118.53
2,802.29
22,665.86
14.a.b
Packet Pg. 91
October 24, 2014
10:15 AM
Check Register By Check Date
to Last
Range of Check Dates: 10/15/14 to 10/28/14
Report Format: Detail
Check Type: Computer: Y Manual: Y Dir Deposit: Y
Check # Check Date Vendor
PO #
Item Description
Amount Paid Charge Account
01-CURRENT
CURRENT FUND
31043 10/23/14 FTAGENCY FRANKLIN AGENCY -(EPD)
14-03762
1 CIGNA - EMPLOYER SEPTEMBER 14
Checking Account Totals
Checks:
Direct Deposit:
Total:
Paid
1
0
1
Void
0
0
0
Account Type
4,722.68 4-01-23-00-0220-102
Budget
GROUP INSURANCE-DISABILITY INS
Amount Paid
4,722.68
0.00
4,722.68
3022
1
1
Amount Void
0.00
0.00
0.00
30-PAYROLLDED
EMPLOYEE PAYROLL DEDUCTION
32396 10/23/14 CIGNADIS LIFE INSURANCE CO OF AMERICA
14-03761
1 CIGNA SEPTEMBER 2014
7,330.06 T-30-56-00-0851-039
Budget
PAYROLL DEDUCTIONS- CIGNA DISABILITY
Checking Account Totals
Checks:
Direct Deposit:
Total:
Paid
1
0
1
Void
0
0
0
Amount Paid
7,330.06
0.00
7,330.06
Amount Void
0.00
0.00
0.00
Report Totals
Paid
2
0
2
Void
0
0
0
Amount Paid
12,052.74
0.00
12,052.74
Amount Void
0.00
0.00
0.00
Checks:
Direct Deposit:
Total:
Reconciled/Void Ref Num
Contract Ref Seq Acct
3021
1
1
Packet Pg. 92
Attachment: Check Register by Check Date (2014-74 : Approval of Warrants - 10/28/14)
Range of Checking Accts: First
Report Type: All Checks
Page No: 1 14.a.c
Check Register By Check Date
Page No: 2 14.a.c
Totals by Year-Fund
Fund Description
Fund
Budget Total
Revenue Total
G/L Total
Total
CURRENT
4-01
4,722.68
0.00
0.00
4,722.68
PAYROLL
T-30
7,330.06
0.00
0.00
7,330.06
12,052.74
0.00
0.00
12,052.74
Total Of All Funds:
Attachment: Check Register by Check Date (2014-74 : Approval of Warrants - 10/28/14)
October 24, 2014
10:15 AM
Packet Pg. 93
15.a
ORDINANCE NO. 4087-14
AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF FRANKLIN, COUNTY OF
SOMERSET, STATE OF NEW JERSEY, MORE PARTICULARLY APPENDIX CHAPTER A401,
TELECOMMUNICATIONS FRANCHISE, AMENDING APPENDIX ARTICLE VI, LEVEL 3
COMMUNICATIONS, LLC.
See attached.
SUMMARY
An ordinance amending the Code Appendix Chapter A401, Telecommunications Franchises by
amending Appendix Article VI, Level 3 Communications, LLC to renew said agreement term to
November 1, 2014 through October 31, 2019.
BE IT AND IT IS HEREBY RESOLVED that the Code of the Township of Franklin, County of
Somerset and state of New Jersey is hereby amended as follows:
SECTION I
Appendix Chapter A401, Telecommunications Franchises, is amended by amending
Appendix Article VI, Level 3 Communications, LLC as follows:
APPENDIX CHAPTER A401
FRANCHISE - LEVEL 3 COMMUNICATIONS, LLC
A401-97.
Definitions.
For the purpose of this Ordinance, the following terms, phrases and words shall have
the meaning given herein:
a.
“Township” means the Township of Franklin, County of Somerset, State of New
Jersey, and its government, including the Township Council and its
administrative personnel.
b.
“Level 3 Communications, LLC” is the grantee of rights under this Ordinance and
is known as Level 3 Communications, LLC, its servants, employees, agents,
officers, directors and contractors.
Packet Pg. 94
15.a
Franklin Township
In Somerset County
c.
“Telecommunications Service” means the offering of telecommunications for a
fee directly to the public, or to such classes of users as to be effectively available
directly to the public, regardless of the facilities used.
d.
“Scope Offering” means any business or service offering, that Level 3
Communications, LLC currently or in the future may provide to any business or
resident, whether or not currently contemplated.
Findings and Conclusions.
A401-98.
The Township has reviewed all documentation regarding Level 3 Communications, LLC’s
request for use of the municipality’s public road rights-of-way and feels that it is in the best
interest of the residents of Franklin Township to grant said request.
A401-99.
Grant of Consent.
The Township Council of the Township of Franklin hereby consents to the non-exclusive
use of its right-of-way for a period of five (5) years. The conditions for the parameters of said
use are set forth below. Said period shall begin on October 1, 2008 November 1, 2014 and shall
expire five (5) years from said date on September 30, 2013 October 31, 2019. This consent
shall permit Level 3 Communications, LLC to place and maintain in, upon, along, across, above,
over the public highways and streets in Franklin Township, poles, wires, cable, and fiber optic
cables and fixtures necessary for the maintenance and operation of the proposed use. The
consent, however, is subject to the provisions of this Ordinance. In the event that Level 3
Communications, LLC violates any provision of this Ordinance, the Township will give notice of
such violation and allow Level 3 Communications, LLC thirty (30) days to cure the violation
unless additional time is granted by the Township Council. In the event that Level 3
Communications, LLC does not cure the violation in the prescribed time, appropriate action will
be taken on behalf of the Township which may include, but is not limited to, court intervention
and the voidance of this Ordinance and the termination of any and all relationships between
the Township and Level 3 Communications, LLC.
A401-100.
Conditions of Grant of Public Street Rights-of-Way.
The grant of the above public street rights-of-way shall be for the purpose of providing
Telecommunications Services.
Packet Pg. 95
15.a
Franklin Township
In Somerset County
A401-101.
Level 3 Communications, LLC’s Continuing Obligations.
The needs of the Township and the public to minimize interruption in street and
sidewalk traffic and public and private business, to avoid congestion, environmental
degradation, undue cost, inconvenience, reduction in property values, private interests and the
like, frustration or burdening of Township planning for future utility installations and
operations, maintenance of current utilities and general planning for development by the
Township, shall be respected by Level 3 Communications, LLC and Level 3 Communications, LLC
will notify the Township of the location of any cable or other fixtures permitted to be installed
pursuant to this Ordinance prior to such installation.
A401-102.
Territory.
The consent granted by this Ordinance shall apply to the entirety of Franklin Township.
All questions of municipal boundary location, rights and interest in property, federal, state,
county and/or other governmental or quasi-governmental rights, privileges and/or interests in
real estate shall be investigated and researched at Level 3 Communications, LLC’s own cost and
expense; procedures necessary to gather relevant information and to resolve every such
question shall be pursued in Level 3 Communication’s own name and the Township shall never
be under any obligation to perform investigations or research, conduct or prosecute
proceedings, expend legal fees or pay the charge of engineers, surveyors, title searchers or
others, or otherwise take any steps to define, delineate, establish or clarify the boundaries or
rights of the Township.
A401-103.
Compliance with Zoning and Other Ordinances.
The foregoing consent is and at all times shall be subject to full and complete
compliance with the Township Development Ordinance, Chapter 112 of the Code of the
Township of Franklin, all other Township Ordinances and regulations, and all rules, regulations
and laws of the applicable jurisdictions as to all aspects of location, operation, and maintenance
of the fiber optic cables and fixtures necessary thereto. Any fixture other than wires, cable,
terminating equipment and electronics and fiber optic cables shall be subject to the Township’s
prior written approval before their installation.
A401-104.
No Interest in Township Property.
Packet Pg. 96
15.a
Franklin Township
In Somerset County
No easement, title in fee, leasehold or other interest in real estate, nor any other
interest in property of the Township, is hereby granted to Level 3 Communications, LLC.
A401-105.
Fee.
In consideration of the rights and privileges granted to Level 3 Communications, LLC,
Level 3 Communications agrees to pay the Township on an annual basis the following fees:
A.
Two Hundred ($200) Dollars per mile of Level 3 Communications, LLC fiber optic
cable located in the public road rights-of-way within the Township with a
minimum annual fee of Five Hundred ($500) Dollars.
B.
All payments due to the Township hereunder by Level 3 Communications, LLC
shall be made on or before October November 1 of each year in which access to
the Township’s public road rights-of-way is in effect. Any failure to accurately
make the payment called for on or before October November 1 of each said year
will result in the automatic revocation of the non-exclusive franchise granted to
such Level 3 Communications, LLC by the applicable Authorizing Action.
A401-106.
Conditions of Construction.
A.
Restoration. In the event level 3 Communications, LLC shall from time to time
disturb any public or private pavement, street surfaces, curbs, gutters, sidewalks,
driveways, above or below ground utilities, lines, fixtures, equipment or other
facilities or trees, shrubs or other landscaping or surfaces in the natural
topography or any other matter whatsoever, Level 3 Communications, LLC shall,
at its sole expense, reasonable restore and replace such places and things so
disturbed to and in not less than as good condition as existed prior to each
disturbance. In doing so, Level 3 Communications, LLC shall comply with all
applicable ordinances, resolutions, laws, rulings and regulations. All restorations
shall be completed within thirty (30) working days of the work requiring the
same.
B.
Relocation. If at any time during the period of this consent, the Township shall
alter or change the grade of any public street or highway, or alter or change the
location of grade of any public water or sewer facility or other utility facility,
Packet Pg. 97
15.a
Franklin Township
In Somerset County
Level 3 Communications, LLC, upon reasonable notice by the Township, shall at
its own expense, remove, relay and relocate its cables, equipment and other
facilities.
C.
A401-107.
Temporary Removal of Cables. Level 3 Communications, LLC shall for the
purpose of and upon request of the Township, at Level 3 Communications, LLC’s
expense temporarily raise, lower or remove its cables and associated facilities in
order to facilitate the moving of buildings, equipment, vehicles and machinery
and to accommodate other like circumstances. Level 3 Communications, LLC
may suggest alternatives to the temporary removal of cables where such
temporary removal may cause a disruption of services or otherwise interfere
with the expectations of its customers. However, the Township retains the right
to make the final decision regarding said cable removal.
Underground Lines.
Level 3 Communications, LLC shall respond when requested to mark out underground
lines, within forty-eight (48) hours of the request.
A401-108.
Performance Bonds.
To secure the faithful performance by Level 3 Communications, LLC of all of its
obligations to the Township, Level 3 Communications, LLC shall deliver to the Township and
maintain in force throughout the duration of the use of the Township’s said rights-of-way a
surety bond in the penal sum of not less than Fifty Thousand ($50,000) Dollars, conditioned on
the faithful performance by Level 3 Communications, LLC of all of its undertakings pursuant to
this Ordinance. Said bond must be acceptable in form and content to the Township Attorney.
The bonding company shall be authorized to do business in the State of New Jersey.
A401-109.
Liability Insurance.
During the term of the use of the Township’s said rights-of-way, Level 3
Communications, LLC shall deliver to the Township and maintain in force, at its sole expense,
sufficient combined automobile and comprehensive general liability insurance naming the
Township as an additional insured and insuring against loss by any such claim, suit, judgment,
execution or demand in the minimum amounts of:
Packet Pg. 98
15.a
Franklin Township
In Somerset County
A.
B.
C.
D.
$1,000,000.00 for bodily injury or death to one person.
$1,000,000.00 for bodily injury or death from any one accident.
$1,000,000.00 for property damage resulting from any one accident.
$5,000,000.00 “umbrella” excess liability coverage for both bodily injury and
property damage for each occurrence and in the aggregate.
The insurance carrier must be acceptable to the Township Attorney and shall be
authorized to do business in the State of New Jersey. Level 3 Communications, LLC shall assure
that no such policy of insurance shall be canceled without a minimum of thirty (30) days notice
to the Township or greater notice if required by regulations of the New Jersey Department of
Insurance.
A401-110.
Indemnity.
Level 3 Communications, LLC shall hold and save the Township harmless from and
indemnify and defend the Township against every claim, loss and liability or every kind, arising
in any and every way directly or indirectly, immediately or consequently from:
A.
The grant or use of this municipal consent;
B.
The acquisition or, or negotiation for the acquisition of, any interest in real
estate, rights or privileges within or without the Township.
C.
The making, prosecuting or processing of any application for any governmental
approval, permits or license, including all appeals;
D.
All proceedings or every kind by or against Level 3 Communications, LLC;
E.
Any act or omission of Level 3 Communications, LLC or any of its officers,
directors, employees, agents, contractors, suppliers, materialmen or affiliated
companies;
F.
The exercise or implementation, whether or not proper or lawful, of any right of
privilege expressed or implied hereunder, by law or otherwise arising out of this
municipal consent; or
Packet Pg. 99
15.a
Franklin Township
In Somerset County
G.
Level 3 Communications, LLC’s action, inaction, franchise, operation,
maintenance, construction or installation of the lines, cables and fixtures
described herein.
H.
“Loss” shall include all legal fees and court costs.
A401-111.
Limitations.
This Ordinance is for Level 3 Communications, LLC’s nonexclusive use of the Township’s
said rights-of-way for Telecommunications Services. When and if Level 3 Communication, LLC
increases its Scope Offering to any business or resident in the State of New Jersey and said
increase in Scope Offering passes through the Level 3 Communications, LLC cable lines located
within the Township, the within Ordinance shall be null and void. Level 3 Communications, LLC
and the Township must then renegotiate the terms, conditions and fees of the proposed
increase in scope. If agreement cannot be reached, this Ordinance will be deemed terminated.
The Township is not obligated to accept any increase in scope proposed by Level 3
Communications, LLC.
Any proposed increase of scope of this Ordinance must be duly authorized and accepted
by the Township after good faith negotiations and acceptance of the proposed change by the
Township with the proper ordinance and/or agreement in place prior to Level 3
Communications, LLC’s use of the Township’s said rights-of-way for the increase in scope.
A401-112.
Severability.
Should any provision of this Ordinance be determined invalid by a court or
administrative tribunal of competent jurisdiction, such determination shall not affect the
remaining provisions hereof.
A401-113.
Captions.
The captions and titles assigned to the sections of this Ordinance are for convenience
and reference only, and are in no way to be construed as defining, limiting or modifying the
scope or intent of the various provisions of this Ordinance.
Packet Pg. 100
15.a
Franklin Township
In Somerset County
A401-114.
Law Changes.
A.
In the event applicable law shall, during the term hereof, modify any provision of
this Ordinance, the Ordinance shall be automatically modified to incorporate the
change.
B.
If at any time during the term hereof, Level 3 Communications, LLC is deemed to
be a public utility, as that term is defined in N.J.S.A. 48:2-13, by the appropriate
governmental authority, then Level 3 Communications shall no longer be subject
to this Ordinance except to the extent that other public utilities providing
Telecommunications Service are subject to like requirements.
A401-115.
Effective Date.
This Ordinance shall take effect immediately upon final passage and publication
according to law and upon receipt by the Township of Level 3 Communications, LLC’s written
acceptance of the terms hereof. If such acceptance is not received by the Township Clerk
within thirty (30) days of the final passage of the Ordinance, the same will automatically expire
and be of no further effect.
This is a true copy of an ordinance adopted by the Township Council, Township of Franklin,
Somerset County, New Jersey.
Introduced:
10/28/2014
Public Hearing:
Adoption:
Published:
Effective:
Packet Pg. 101
15.a
Franklin Township
In Somerset County
Packet Pg. 102
15.a
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
www.franklintwpnj.org
Township Council
Ann Marie Marie McCarthy
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Skipped
10/14/2014 6:37 PM
Ann Marie Marie McCarthy Completed
Township Council
Completed
10/14/2014 6:40 PM
10/14/2014 7:00 PM
From:
Ann Marie Marie McCarthy,Township Clerk
Date:
10/28/2014
RE:
4087-14
An Ordinance Amending the Code of the Township of
Franklin, County of Somerset, State of New Jersey, More
Particularly Appendix Chapter A401, Telecommunications
Franchise, Amending Appendix Article VI, Level 3
Communications, LLC.
See attached.
Packet Pg. 103
Level(3Y
.".e--~ "-.__
.,
,
'~
---
September 30, 2014
Ann Marie McCarthy
City Clerk
475 DeMott Lane
Somerset, NJ08873
RE: 2014 Telecommunications
Level 3 Communications,
Franchise Renewal
LLC ("Level 3")
Dear Ms. McCarthy,
Level 3 would like to renew its Telecommunications Franchise (!iA401-118) with Franklin Township, NJ
which expired on September 30, 2013. If you require any further information to complete the, renewal
please contact me at (720)888-8518 or [email protected].
Sincerely,
~w£J&kP
f
I
Robben Beckman
Business Analyst
Levei 3 Communications, LLC
1025 Eldorado Blvd.
Broomfield, CO 80021
Robben, Beckma [email protected]
Attachment: Level 3 - Telecommunications Franchise Agreement (4087-14 : Telecommunications Franchise - Level 3 Communications LLC)
15.a.a
Packet Pg. 104
~--
Page 1 of2 15.a.a
•
TO~'llship of Franklin, NJ
Township of Franklin, NJ
Wednesday, September 77, 2074
Chapter A401. TELECOMMUNICATIONS FRANCHISES
Article VII. Level 3 Communications,
S A401-116.
LLC
Definitions.
For the purpose of this ordinance, the following terms, phrases and words shall have the
meaning given herein:
LEVEL 3 COMMUNICATIONS,
LLC
The grantee of rights under this ordinance and is known as "Level 3
Communications, LLC,"its servants, employees, agents, officers, directors and
contractors.
SCOPE OFFERING
Any business or service offering that Level 3 Communications, LLCcurrently or in
the future may provide to any business or resident, whether or not currently
contemplated.
TELECOMMUNICATIONS
SERVICE
The offering of telecommunications for a fee directly to the public, or to such
classes of users as to be effectively available directly to the public, regardless of the
facilities used.
TOWNSHIP
The Township of Franklin, County of Somerset, State of New Jersey, and its
government, including the Township Coun'cil and its administrative personnel.
S A401-118.
Township consent granted.
The Township Council of the Township of Franklin hereby consents to the nonexclusive
use of its right-of-way for a period of five years. The conditions for the parameters of said
use are set forth below. Said period shall begin on October 1,2008, and shall expire five
years from said date on September 30, 2013-This consent shall permit Level 3
Communications, LLCto place and maintain in, upon, along, across, above, over the public
highways and streets in Franklin Township poles, wires, cable and fiber optic cables and
fixtures necessary for the maintenance and operation of the proposed use. The consent,
http://ecode360.comJprint/FR0703?guid=11450014,11450019,11450025
Packet Pg. 105
9/1712014
Page 2 of2 15.a.a
TOWJshi~ of Franklin, NJ
however, is subject to the provisions of this ordinance. In the event that Level 3
Communications, LLC violates any provision of this ordinance, the Township will give
notice of such violation and allow Level 3 Communications, LLC 30 days to cure the
violation unless additional time is granted by the Township Council. In the event that Level
3 Communications, LLC does not cure the violation in the prescribed time, appropriate
action will be taken on behalf of the Township, which may include, but is not limited to,
court intervention and the voidance of this ordinance and the termination of any and all
relationships between the Township and Level 3 Communications, LLC.
S A401-124.
Fees.
In consideration of the rights and privileges granted to Level 3 Communications, LLC, Level
",.
3 Communications agrees to pay the Township on an annual basis the following fees:
A.
Two hundred dollars per mile of Level 3 Communications, LLC fiber optic cable
located in the public road rights-of-way within the Township, with a minimum annual
,
. •••...
B.
"
fee of$soo .
~
All payments due to the Township hereunder by Level 3 Communications, LLC shall
be made on or before October
1
of each year in which access to the Township's
public road rights-of-way is in effect. Any failure to accurately make the payment
called for on or before October
1
of each said year will result in the automatic
revocation of the nonexclusive franchise granted to such Level 3 Communications,
LLC by the applicable authorizing action.
http://ecode360.com/print/FR0703?guid=11450014,11450019,11450025
Packet Pg. 106
9/17/2014
16.a
AN ORDINANCE AMENDING THE CODE OF THE TOWNSHIP OF FRANKLIN, COUNTY OF
SOMERSET, STATE OF NEW JERSEY, MORE PARTICULARLY CODE CHAPTER 112, LAND
DEVELOPMENT, ARTICLE XXXVIII, PROVISIONS APPLICABLE TO PLANNING BOARD AND
ZONING BOARD OF ADJUSTMENT, TO REQUIRE SUBMISSION OF DIGITAL COPIES OF
APPLICATION MATERIALS.
As requested by Mark Healey, Planning Director.
SUMMARY
This ordinance amends the submission requirements for applications before the Planning Board and
Zoning Board of Adjustment to require that all application materials be submitted in digital format.
Applications prepared by non-professionals (e.g., single and two family homeowners preparing
submittals on their own behalf) will not be subject to this requirement.
BE IT ORDAINED by the Township Council of the Township of Franklin, County of Somerset,
State of New Jersey that the Code of the Township of Franklin is hereby amended as follows:
SECTION I
New Section 112-320.1 shall be added to Chapter 112, Land Development, and shall read as follows:
§ 112-320.1 Submittal of Digital Copies of Application Materials.
In addition to other submittal requirements in Chapter 112 all application submittals to
the Planning Board and Zoning Board of Adjustment shall be submitted in digital format
in Adobe Acrobat format (.PDF/A or PDF/E standard of a resolution of at least 400 dpi).
The requirement for digital submittals shall include all required application forms as well
as all other application submittals including but not limited to all submittals prepared by
licensed professionals, and all surveys, subdivision plans, site plans, architectural plans,
environmental assessments, traffic reports, stormwater reports, stormwater
maintenance agreements, planning reports, cover letters or other official
correspondence, deeds, easements, and cost estimates. In addition to other submittal
requirement in Chapter 112, submittal of such digital submittals shall be required to
constitute an application for development and shall be re-submitted as the submittals
may be changed or amended. Single- or two-family homeowners preparing submittals
on their own behalf for application before the Planning Board and Zoning Board of
Adjustment shall not be subject to this requirement. Further, this requirement shall not
apply to submittal of the W-9 form which shall be submitted in hard copy only.
Packet Pg. 107
16.a
Franklin Township
In Somerset County
SECTION II
Section 112-300 shall be amended to clarify the requirements for submittal for D Variances as follows:
For the purposes of an application pursuant to the provisions of N.J.S.A. 40:55-70d,
wherein the applicant has elected to submit a separate application for any required
approval of a subdivision, site plan or conditional use pursuant to N.J.S.A. 40:55d-76b,
the following information and documents shall be necessary to constitute a complete
application for the use variance:Wherein an applicant has submitted an application for
any D Variance pursuant to the provisions of N.J.S.A. 40:55D-70d, the following
information and documents shall be required:
SECTION III
Each clause, section or subsection of this ordinance shall be deemed a separate provision to the intent
that if any such clause, section or subsection should be declared invalid, the remainder of the ordinance
shall not be affected.
SECTION IV
All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed as the extent
of such inconsistency.
SECTION V
This ordinance shall take effect immediately upon adoption and publication according to law.
This is a true copy of an ordinance adopted by the Township Council, Township of Franklin,
Somerset County, New Jersey.
Introduced:
10/28/2014
Public Hearing:
Adoption:
Published:
Effective:
Packet Pg. 108
16.a
Franklin Township
In Somerset County
Packet Pg. 109
16.a
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Ann Marie Marie McCarthy Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
4089-14
An Ordinance Amending the Code of the Township of
Franklin, County of Somerset, State of New Jersey, More
Particularly Code Chapter 112, Land Development, Article
XXXVIII, Provisions Applicable to Planning Board and
Zoning Board Of Adjustment, to Require Submission of
Digital Copies of Application Materials.
As requested by Mark Healey, Planning Director.
Packet Pg. 110
17.a
Resolution #14-504
10/28/2014
RESOLUTION - TAX/WATER - AUTHORIZE TAX TITLE LIEN REDEMPTIONS
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
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:
Lienholder
Gharro
Block/Lot
193/91
329/24
237/14
34.02/16.03C0231
Premium
1,100.00
1,300.00
Certificate
13-00212
13-00306
13-00247
13-00029
2,400.00
John Palumbo
US Bank/BV001
US Bank/Emp VI
US Bank/Pro Cap III
291/9.01
286/17
356/6
468.05/11
424.04/317
5.02/39
34.06/16.05C1716
Daxuan, Wang
20,700.00
1,600.00
700.00
23,000.00
471/44.11
US Bank/TLCF 2012A, LLC 19/17
Virgo Mun. Finance
TY-11468
171.02/222
34.02/16.03C0146
13-00267
13-00332
13-00445
13-00446
1,200.00
1,200.00
13-00413
1,700.00
1,200.00
1,100.00
4,000.00
13-00008
13-00003
13-00048
3,200.00
3,200.00
11-00154
1,500.00
1,500.00
35,300.00
11-00154
Property Owner
Amount
Total
Garzon, Fredy & Iris M.
3,163.73
George, Jerry G. & Keita, A.
1,252.10
Elliot, L & Elliott, JC
872.56
Baig, Lubna
734.43
6,022.82
Ramirez, Maritza
Hooper, Marilyn A.
Mills, Barbara
Bathan, Oscar & Leminda
Emilu Inc.
Narvilkar, Mandar
Lodi, Valerie
Doyle, Donal E. & Merarie
Harley, Ayana S.
Ptaszyski, Eugene F.
Ptaszyski, Eugene F.
TOTAL
8,422.82
1,095.37
1,095.37
1,095.37
15,222.61
2,328.96
1,155.78
18,707.35
41,707.35
8,117.32
8,117.32
8,117.32
3,022.84
3,022.84
4,222.83
324.72
944.33
468.59
1,737.64
5,737.64
21,865.42
21,865.42
25,065.42
780.67
780.67
2,280.67
96,649.42
(35,300.00)
61,349.42
Packet Pg. 111
17.a
Franklin Township
In Somerset County
CERTIFICATION
I, Ann Marie McCarthy, Clerk of the Township of Franklin, in the County of Somerset, do
hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the
Township Council at a Work Session/Regular Meeting held on the 10/28/2014.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of said
Township this 10/28/2014.
Ann Marie McCarthy
Township Clerk
Verified and Encumbered as to
Availability of Funds:
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
KATHLEEN MOODY, Director of Revenue & Finance
Packet Pg. 112
17.a
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-504
Authorize Tax Title Lien Redemptions
Packet Pg. 113
17.b
Resolution #14-505
10/28/2014
RESOLUTION - TAX/WATER - ADJUST WATER CHARGES - MABEL ARINZEH - 24 LEUPP LANE,
SOMERSET
WHEREAS, Mabel Arinzeh had an unusually high water charge for the quarter 9/1/14
that was in the amount of $2,459.17 for the property known as Block 363 Lot 23.01; and
WHEREAS, it has been determined that the high usage is the result of hardship; 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 $1,154.32.
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 114
17.b
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Revenue Collection
Carol Langone
[email protected]
MEMORANDUM
To:
Kathleen Moody
Completed
Bob Vornlocker
Pending
10/23/2014 9:15 AM
Township Council
From:
Carol Langone,
Date:
10/28/2014
RE:
14-505
Pending
10/28/2014 7:00 PM
Adjust Water Charges - Mabel Arinzeh - 24 Leupp Lane,
Somerset
Packet Pg. 115
17.c
Resolution #14-506
10/28/2014
RESOLUTION - TAX/WATER - ADJUST WATER CHARGES - JAVED KHAN - 63 WINDING WAY,
PRINCETON
WHEREAS, Javed Kahn had an unusually high water charge for the quarter 5/1/14 that
was in the amount of $1,712.32 for the property known as Block 11.01 Lot 13.32; and
WHEREAS, it has been determined that the high usage is the result of hardship; and
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 $885.11.
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 116
17.c
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Revenue Collection
Carol Langone
[email protected]
MEMORANDUM
To:
Kathleen Moody
Completed
Bob Vornlocker
Pending
10/23/2014 9:18 AM
Township Council
From:
Carol Langone,
Date:
10/28/2014
RE:
14-506
Pending
10/28/2014 7:00 PM
Adjust Water Charges - Javed Khan - 63 Winding Way,
Princeton
Packet Pg. 117
17.d
Resolution #14-507
10/28/2014
RESOLUTION - TAX/WATER - AUTHORIZE REFUND OF TAX/WATER 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 covering the
overpayments and to deliver said checks to the proper persons.
BLOCK/LOT
423.01/27.05
230 Treptow Road
Somerset, NJ 08873
NAME/ADDRESS
Lin, Thomas A. & Carrie
Paid Twice
QTR/YR
4/2014
13408-0
90 Commerce Drive
FTSA
to Sewer
Somerset, NJ 08873
CERTIFICATION
From Water
AMOUNT
$2,757.71
141.58
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 118
17.d
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Revenue Collection
Carol Langone
[email protected]
MEMORANDUM
To:
Kathleen Moody
Completed
Bob Vornlocker
Pending
10/23/2014 10:06 AM
Township Council
From:
Carol Langone,
Date:
10/28/2014
RE:
14-507
Pending
10/28/2014 7:00 PM
Authorize Refund of Tax/Water Overpayments
Packet Pg. 119
17.e
Resolution #14-508
10/28/2014
RESOLUTION - AWARD PURCHASE - AWARD STATE CONTRACT - 3 STATION FOLDER INSERTER
- GOVERNMENT ORDERS - TAX COLLECTOR OFFICE - AMOUNT NOT TO EXCEED $12,426.00
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:
VENDORS:
Neopost USA, Inc.
Government Orders
478 Wheelers Farms Road, Milford, CT 0641
State Contract No. 75256
ITEM:
3-Station Folder Inserter
COST:
$12,426.00
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.
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.
Packet Pg. 120
17.e
Franklin Township
In Somerset County
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
C-04-55-14-4063-904/C-04-55-14-4063-901
PO No.:
R4002579
By: __________________________________________
Packet Pg. 121
17.e
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Revenue Collection
Carol Langone
[email protected]
MEMORANDUM
To:
Kathleen Moody
Completed
10/23/2014 10:03 AM
Joyce Miller
Completed
10/23/2014 10:04 AM
Kathleen Moody
Completed
10/23/2014 10:05 AM
Bob Vornlocker
Pending
Township Council
From:
Carol Langone,
Date:
10/28/2014
RE:
14-508
Pending
10/28/2014 7:00 PM
Award State Contract - 3 Station Folder Inserter Government Orders - Tax Collector Office - Amount Not
to Exceed $12,426.00
Neopost USA, Inc.
Government Orders
478 Wheelers Farms Road
Milford, CT 06461
NJ State Contract 75256
Packet Pg. 122
17.e
Franklin Township
In Somerset County
C-04-55-14-4063-901 $76
C-04-55-14-4063-904 $12,350
Requisition No. R4002579
NJ STATE CONTRACT 75256
DS75E3ST - 3 STATION FOLDER INSERTER $12,269
ESPO1N POWER LINE CONDITIONER $157
ORD 4063-14
Packet Pg. 123
17.f
Resolution #14-509
10/28/2014
RESOLUTION - EXTEND CONTRACT - EXTEND CONTRACT - TRANSMITTERS FOR FIXED-BASED
METER READING SYSTEM - HD SUPPLY WATERWORKS, LTD - NOT TO EXCEED $240,000.00
WHEREAS, a notice to bidders for the receipt of bids for construction of Transmitters for
Fixed- Based Meter Reading System was published in the Courier News and posted on the
Township’s website on June 9, 2011, and receipt was on June 30, 2011;
WHEREAS, a contract was awarded to HD Supply Waterworks for Transmitters for FixedBased Meter Reading System for the period of September 1, 2011 through August 21, 2013 as per
Resolution #11-331 on August 9, 2011 and extended as per Resolution #13-358 on August 15,
2013; and
WHEREAS, original specifications allowed for the extension of the contract annually for
two additional years at the existing terms and agreements;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Franklin,
Somerset County, New Jersey that the following contract be extended for Transmitters for FixedBased Meter Reading System:
VENDOR:
ADDRESS:
ITEM:
AMOUNT:
HD SUPPLY WATERWORKS LTD.
61 Gross Avenue, Edison, NJ 08837
Transmitters for Fixed-Based Meter Reading System
September 1, 2014 through August 31, 2015
Amount Not to Exceed $240,000.00
WHEREAS that the Chief Financial Officer has certified in writing hereon that funds are
Officer and is satisfied that said certification is in proper form; and
WHEREAS, continuation of the terms of this contract beyond December 31, 2014 is
contingent upon availability of funds in the 2015 CY Budget, and in the event of unavailability of
such funds, the Township of Franklin reserves the right to cancel this contract.
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.
Packet Pg. 124
17.f
Franklin Township
In Somerset County
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
water
PO No.:
as needed
By: __________________________________________
Packet Pg. 125
17.f
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Purchasing
Joyce Miller
[email protected]
MEMORANDUM
To:
Joyce Miller
Completed
10/20/2014 5:12 PM
Kathleen Moody
Completed
10/21/2014 8:54 AM
Bob Vornlocker
Pending
Township Council
From:
Joyce Miller,
Date:
10/28/2014
RE:
14-509
Pending
10/28/2014 7:00 PM
Extend Contract - Transmitters for Fixed-Based Meter
Reading System - HD Supply Waterworks, LTD - Not to
Exceed $240,000.00
The Township bid transmitters for fixed-based meter reading system and awarded Bid B1158WTR on August 9, 2011, 11-331. The original specifications allowed for two annual
extensions at the existing terms and conditions. The first extension was on August 15, 2013,
13-358. This is the 2nd and final extension.
HD Supply Waterworks, Ltd.
61 Gross Avenue
Packet Pg. 126
17.f
Franklin Township
In Somerset County
Edison, NJ 08837
Not-to-exceed $240,000
Packet Pg. 127
17.g
Resolution #14-510
10/28/2014
RESOLUTION - PERFORMANCE GUARANTEE - CASH - AUTHORIZE RELEASE OF WINTER BONDS
WHEREAS, the Township Clerk of the Township of Franklin, Somerset County, New Jersey
08873 has received the following:
DATE RECEIPT BY ENGINEERING:
NAME OF APPLICANT:
ADDRESS OF APPLICANT:
ITEM:
IN THE AMOUNT OF:
DOCKET:
FOR:
04/13/2014
K Hovnanian
110 West Front Street, Red Bank, NJ 07701
Check #00050994
$1,150.00
PLN2003-0008
Winter Bond - Block 507.41/Lot 43 - 6 Ginkgo Ct.
NAME OF APPLICANT:
ITEM:
IN THE AMOUNT OF:
DOCKET:
FOR:
04/23/2014
K Hovnanian
Check #50993
$1,150.00
PLN2003-0008
NAME OF APPLICANT:
ITEM:
IN THE AMOUNT OF:
DOCKET:
FOR:
01/10/2014
K Hovnanian
Check #49234
$1,150.00
PLN2003-0008
NAME OF APPLICANT:
ITEM:
IN THE AMOUNT OF:
DOCKET:
FOR:
01/10/2014
K Hovnanian
Check #49232
$750.00
PLN2003-0008
Winter Bond - Block 507.40/Lot 33 - 53 Spangenberg
Lane
NAME OF APPLICANT:
01/29/2014
Canal Walk Associates, LLC
812 Central Avenue, Westfield, NJ 07090
Packet Pg. 128
17.g
Franklin Township
In Somerset County
ITEM:
IN THE AMOUNT OF:
DOCKET:
FOR:
Check #1243
$750.00
P99050
Winter Bond - Block 513.38/Lot 5 - 7 Burr Plaza
NAME OF APPLICANT:
ITEM:
IN THE AMOUNT OF:
DOCKET:
FOR:
03/03/2014
Canal Walk Associates, LLC
812 Central Avenue, Westfield, NJ 07090
Check #14781
$750.00
P99050
Winter Bond - Block 513.35/Lot 2 - 44 Freedom Lane
WHEREAS, the Township Engineer, after inspection, recommends release of the aforesaid
Winter Bonds; and
County of Somerset and State of New Jersey that the aforesaid Winter Bonds be release to the
aforesaid applicants.
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 129
17.g
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Engineering
Karen Buckley
[email protected]
MEMORANDUM
To:
Thomas Zilinek
Completed
10/20/2014 9:15 AM
Kathleen Moody
Completed
10/20/2014 9:18 AM
Bob Vornlocker
Pending
Township Council
From:
Karen Buckley,
Date:
10/28/2014
RE:
14-510
Pending
10/28/2014 7:00 PM
Authorize Release of Winter Bonds
Winter bond release K.Hovnanian 2 Gigkgo in the amount of $1,150.00
Winter bond release K.Hovnanian 8 Ginkgo in the amount of $1,150.00
Winter bond release K.Havnanian 10 Ginkgo in the amount of $1,150.00
Winter bond release K.Havnanian 53 Spangenberg in the amount of $750.00
Winter bond release Canal Walk 7 Burr in the amount of $750.00
Winter bond relase Canal Walk 44 Freedom Lane in the amount of $750.00
Packet Pg. 130
Attachment: w bnd 6 ginkgo 2 (14-510 : Authorize Release of Winter Bonds)
17.g.a
Packet Pg. 131
Attachment: W BND 8 GINKGO (14-510 : Authorize Release of Winter Bonds)
17.g.b
Packet Pg. 132
17.g.b
Packet Pg. 133
17.g.c
Packet Pg. 134
17.g.c
Packet Pg. 135
Attachment: W BND 53 SPANGENBERG (14-510 : Authorize Release of Winter Bonds)
17.g.d
Packet Pg. 136
Attachment: W BND 7 BURR (14-510 : Authorize Release of Winter Bonds)
17.g.e
Packet Pg. 137
Attachment: W BND 44 FREEDOM LN (14-510 : Authorize Release of Winter Bonds)
17.g.f
Packet Pg. 138
17.h
Resolution #14-511
10/28/2014
RESOLUTION - ESCROW RELEASE - AUTHORIZE RELEASE OF PLANNING REVIEW ESCROWS
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
NOW, THEREFORE, BE IT RESOLVED, 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 GENERAL
FUND:
DATE:
APPLICANT:
ADDRESS:
DOCKET NO.
BLOCK/LOT:
TYPE:
AMOUNT RELEASED:
11/19/2013
Matson Construction
4 Nevins Court, Hillsborough, NJ 08844
ZBA-13-00024
283/4 - 4 DeKalb
Planning Review
$30.83
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 139
17.h
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Engineering
Karen Buckley
[email protected]
MEMORANDUM
To:
Thomas Zilinek
Completed
10/20/2014 9:16 AM
Kathleen Moody
Completed
10/20/2014 9:21 AM
Bob Vornlocker
Pending
Township Council
From:
Karen Buckley,
Date:
10/28/2014
RE:
14-511
Pending
10/28/2014 7:00 PM
Authorize Release of Planning Review Escrows
Plan review escrow release Matson Construction ZBA-13-00024 in the amount of $30.83
Plan review escrow release Folafunmi Odukoya BRA12-046 in the amount of $2,032.32
Packet Pg. 140
Attachment: Plan Rev escr (14-511 : Authorize Release of Planning Review Escrows)
17.h.a
Packet Pg. 141
Attachment: BOND RELEASE (14-511 : Authorize Release of Planning Review Escrows)
17.h.b
Packet Pg. 142
17.i
Resolution #14-512
10/28/2014
RESOLUTION - PERFORMANCE GUARANTEE - CASH - AUTHORIZE PERFORMANCE BOND
RELEASE - FOLAFUNMI ODUKOYA - DOCKET NO. BRA12-046 - $41,481.60
WHEREAS, the Township Clerk of the Township of Franklin, Somerset County, New Jersey
08873 has received the following:
DATE REC’D BY ENGINEERING:
NAME OF APPLICANT:
ITEM:
NUMBER:
DOCKET:
FOR:
AMOUNT:
03/22/2013
Folafunmi Odukoya
53A Norma Avenue, Somerset, NJ 08873
Performance Bond
Check #112535397
BRA12-046
Site Improvements - 159 Cedar Grove Lane - Block 507.38, Lot
12.06
$41,481.60
WHEREAS, the Township Engineer, after inspection, recommends release of the aforesaid
Performance Guarantee in the aforesaid amount;
County of Somerset and State of New Jersey that the aforesaid Performance Guarantee be
released in aforesaid amount to the applicant.
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17.i
Franklin Township
In Somerset County
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 144
17.i
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Engineering
Karen Buckley
[email protected]
MEMORANDUM
To:
Thomas Zilinek
Completed
10/20/2014 9:16 AM
Kathleen Moody
Completed
10/20/2014 9:20 AM
Bob Vornlocker
Pending
Township Council
From:
Karen Buckley,
Date:
10/28/2014
RE:
14-512
Pending
10/28/2014 7:00 PM
Authorize Performance Bond Release - Folafunmi
Odukoya - Docket No. BRA12-046 - $41,481.60
Performance Bond release Folafunmi Odukoya BRA12-046 in the amount of $41,481.60
Packet Pg. 145
Attachment: BOND RELEASE (14-512 : Authorize Performance Bond Release - Folafunmi Odukoya)
17.i.a
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17.j
Resolution #14-513
10/28/2014
RESOLUTION - LICENSES - AUTHORIZE THE BIDDING AND SALE OF PLENARY RETAIL
CONSUMPTION LIQUOR LICENSE
WHEREAS, NJSA 33:1-12.14 provides that no new Plenary Retail Consumption License
shall be issued in a municipality unless and until the number of such licenses existing in the
municipality is fewer than one (1) for each 3,000 of its population as shown on the last
preceding Federal Census; and
WHEREAS, NJSA 33:1-12.14 provides that no new Plenary Retail Distribution License
shall be issued in a municipality unless and until the number of such licenses existing in the
municipality is fewer than one (1) for each 7,500 of its population as shown on the last
preceding Federal Census; and
WHEREAS, the Federal Census figure for 2010 Census has been certified by the New
Jersey Secretary of State Department; and
WHEREAS, pursuant to such certified figures, the population of Franklin is 62,300
persons; and
WHEREAS, as a result of the foregoing, there resulted in the Township of Franklin the
authority to issue five (5) Plenary Retail Consumption Licenses; and
WHEREAS, pursuant to NJSA 33:1-19.3, it is the desire of the Township of Franklin,
Somerset County to accept sealed bids for said license as required by law subject to the terms
and conditions herein specified; and
WHEREAS, it is the recommendation of the Township Clerk and the Financial Oversight
Committee to bid one (1) Plenary Retail Consumption License at a minimum price of
$200,000.00 with additional advertisement and public relations;
Franklin, County of Somerset, State of New Jersey as follows:
1.
The Township of Franklin hereby determines that it will sell at public sale one (1)
Plenary Retail Consumption License for the sale of alcoholic beverages, in
accordance with the procedure set forth in NJSA 33:1-19.3 et seq.
2.
The Township Clerk shall publish a notice of proposed issuance of the alcoholic
beverage license. The notice shall provide the following:
a. The Township, by resolution, has determined to consider the issuance of (1)
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Franklin Township
In Somerset County
Plenary Retail Consumption License by public sale to the highest qualified
bidder and invites bids therefore.
b. The Notice shall be published in the Courier News not less than two (2)
times, which publications shall not be less than one (1) week apart. The
second or last notice shall be published at least thirty (30) days before the
date established to open all bids from qualified bidders. The minimum time
period that must be allowed for bidders to apply for the License is twentyfive (25) days after the second publication.
c. All prospective bidders for the license shall apply by submitting to the Clerk
of the Township of Franklin in full and complete eleven (11) page application
form; a separately sealed envelope with the applicant’s bid and bid deposit
fee; and a separate Certification of Proof of Compliance by the applicant that
it meets any and all special conditions or requirements contained in the
Notice and knows of no reason he or she would be disqualified from having
an interest in a Retail License in New Jersey.
d. The Notice will advise that all bids will be sealed and that the minimum bid
for this new consumption license and this new distribution license shall be
$200,000.00 each along with any terms and conditions related to the bid
process, such as deposits, returns, forfeitures, etc.
e. The Notice shall state the Township reserves the right to reject all bids if the
highest bid is not accepted. A sale may be postponed or canceled at any time
prior to opening of the bids.
f. The Notice shall specify the time, place and last date that applications and
bids will be accepted. Also indicate therein will be the requirement that the
Clerk of the Governing Body shall publicly announce those applicants who
presumptively meet the qualification for bidding as fixed by law, rules and
regulations and the enabling resolution and Notice. This public
announcement must occur not less than five (5) days prior to the date of
opening the sealed bids.
g. The time, place and date that the sealed bids will be opened must also be
specified in the Notice, which must be no sooner than five (5) days after the
public announcement of all presumptively qualified bidders. No bids will be
opened from or on behalf of any bidder who does not qualify or has not
submitted proof of qualification (full and complete eleven (11) page ABC
application form and Certification of Proof of Compliance).
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Franklin Township
In Somerset County
h. At the designated time, place and date, the sealed bids will be opened and all
bid amounts and the highest bid amount will be declared. If the issuing
authority determines to reject all bids they shall do so by formal resolution. If
they determine to accept the highest qualified bid, that also shall be done by
resolution under the conditions that the ultimate issuance of the license will
be subject to payment of the balance of the bid price; payment of the State
$250.00 Application Fee; satisfactory outcome of further municipal
background checks to investigate the source of funds used to purchase the
license and the receipt of favorable State and/or Federal criminal background
checks; and the compliance with the publication, hearing and resolution
requirement under NJAC 13:2-2.1 et. seq.
3.
The minimum bid price for the Retail Consumption license shall be $200,000.00;
4.
Wednesday, December 3, 2014, 12:00 noon at the Office of the Township Clerk,
475 DeMott Lane, Somerset , New Jersey is hereby fixed as the last date and time
that applications and bids will be accepted;
5.
Wednesday, December 10, 2014, 12:00 noon at the Office of the Township Clerk,
475 DeMott Lane, Somerset. New Jersey is hereby fixed as the date, time and
location for a public announcement of all presumptively qualified bidders;
6.
Wednesday, December 17, 2014 at 12 noon at the Municipal Building, 475 DeMott
Lane is hereby fixed as the date, time and location when sealed bids will be
opened and all bid amounts and the highest bid amount will be declared;
7.
Tuesday, January 13, 2015 at 7:00 p.m. a Resolution accepting the highest bid
amount will be declared and a Resolution accepting the highest bid or rejecting all
bids, as the case may be, shall be adopted;
8.
Ten 10% of the purchase price shall accompany the sealed bid. The deposit shall
be cash, certified check or cashier check;
9.
Nothing contained herein shall be deemed to excise or relieve an applicant from
compliance with all applicable laws, regulations and ordinances including, without
limitation, compliance with all provisions of Chapter 75, Alcoholic Beverages, of
the Township Code;
10. The Township reserves the right to reject any and all bids where the highest bid is
not accepted.
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17.j
Franklin Township
In Somerset County
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
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17.j
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-513
Authorize the Bidding and Sale of Plenary Retail
Consumption Liquor License
My office has received interest from several buyers regarding a plenary retail consumption
liquor license. I recommend that we go out to bid and sell one of the five the Township can sell.
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17.k
Resolution #14-514
10/28/2014
RESOLUTION - LICENSES - AUTHORIZE RENEWAL OF 2014-15 PLENARY RETAIL CONSUMPTION
LICENSE NO. 1808-33-043-001 - ZELEKOWITZ, JEFFREY & ZELEKOWITZ, NEIL
WHEREAS, an application has been received for a Plenary Retail Consumption License;
and
WHEREAS, said application has been made to the Township Clerk and filing fees have
been paid to the Township and to the State of New Jersey, Division of Alcoholic Beverages; and
WHEREAS, the Health Officer, the Chief of Police and Fire Inspector have inspected the
applicants’ property and have approved them as per letters filed with the Township Clerk; and
WHEREAS, no objections have been filed with the Township Clerk; and
WHEREAS, said application has been examined by the Township Council and the
Township Council finds that:
§
§
§
The submitted application forms are complete in all respects:
The applicants are qualified to be licensed according to all statutory,
regulatory and Local Government Alcoholic Beverage Control Laws and
Regulations;
The applicants have disclosed and the issuing authority has ascertained and
reviewed the source of any additional financing obtained in the previous
license term for use in the licensed business; and
NOW, THEREFORE, BE IT RESOLVED this 28th day of October, 2014 by the Township
Council of the Township of Franklin in the County of Somerset and State of New Jersey that the
Township Clerk be and she is hereby instructed to issue Plenary Retail Consumption Licenses to
the following:
License No. 1808-33-043-001 Zelekowitz, Jeffrey & Zelekowitz, Neil (No premises site)
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17.k
Franklin Township
In Somerset County
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
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17.k
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-514
Authorize Renewal of 2014-15 Plenary Retail
Consumption License No. 1808-33-043-001 - Zelekowitz,
Jeffrey & Zelekowitz, Neil
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17.l
Resolution #14-515
10/28/2014
RESOLUTION - AWARD BID - AWARD BID (B14-29HE) - PROPERTY CLEANUP, AS NEEDED DECEMBER 1, 2014 TO NOVEMBER 30, 2016
WHEREAS, a Notice to Bidders was published in the Courier News and posted on the
Township website on September 17, 2014 for an October 7, 2014 bid opening for Property
Cleanup As Needed December 1, 2014 through November 30, 2016 (B14-29HE); and
WHEREAS, the Chief Financial Officer has certified in writing, hereon that funds are
Officer and is satisfied that said certification is in proper form;
WHEREAS, continuation of the terms of this contract beyond December 31, 2014 is
contingent upon availability of funds in the 2015CY Budget, and in the event of unavailability of
such funds, the Township of Franklin reserves the right to cancel this contract;
BE IT RESOLVED by the Township Council of the Township of Franklin, Somerset County,
New Jersey that the following contract for Property Cleanup As Needed December 1, 2014 through
November 30, 2016 (B14-29HE) be awarded to:
Muentnich LHR, Inc.
d/b/a Panfietti Construction
215 South Sixth Street
Phillipsburg, NJ 08865
5 Hour Rate: $190.00
Disposal One (1) CY Container: $165.00
Total: $355.00
Amount Not to Exceed $50,000.00 each year
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.
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17.l
Franklin Township
In Somerset County
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
4-01-30-00-0427-107
PO No.:
As Needed
By: __________________________________________
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17.l
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Joyce Miller
Completed
10/23/2014 9:36 AM
Kathleen Moody
Rejected
10/23/2014 10:14 AM
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-515
Award Bid (B14-29HE) - Property Cleanup, As Needed December 1, 2014 to November 30, 2016
Notice to Bidders was published in the Courier News and posted on the Township's website on
September 17, 2014. Bids were received on October 7, 2014. Four (4) bids were received. The
low bidder is our current vendor, Muentnich LHR, Inc, d/b/a Panfietti Contruction. Based on the
more than satisfactory performance of this contractor, it is my recommendation that we award
the bid to Muentnich LHR, Inc, d/b/a Panfietti Contruction.
Muentnich LHR, Inc, d/b/a Panfietti Contruction
215 South Sixth Street
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17.l
Franklin Township
In Somerset County
Phillipsburg, NJ 08865
Hourly Rate for 5 hours: $190.00
Disposal Rate for 10CY Container: $165.00
Total: $355.00
Amount Not to Exceed $50,000.00 each year
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17.m
Resolution #14-516
10/28/2014
RESOLUTION - APPOINTMENTS - CONFIRM APPOINTMENT OF MUNICIPAL JUDGE - MICHAEL
FEDUN - UNEXPIRED THREE (3) YEAR TERM ENDING NOVEMBER 4, 2015
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 Michael Fedun as
Municipal Court Judge of the Township of Franklin for an unexpired three-year term ending
November 5, 2015.
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
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17.m
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-516
Confirm Appointment of Municipal Judge - Michael
Fedun - Unexpired Three (3) Year Term Ending November
4, 2015
Michael Fedun's appointment as Municipal Judge is the unexpired term of Honorable Maria Del
Valle Koch which ends November 5, 2015. The Township has been directed to amend his
appointment to filling the unexpired three year term ending November 5, 2015.
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Resolution #14-517
10/28/2014
RESOLUTION - DEVELOPER'S AGREEMENT - AUTHORIZING EXECUTION OF SUBORDINATION
AND INTERCEPTOR AGREEMENT - INDEPENDENCE CROSSING
WHEREAS, Southern Burlington County NAACP v. Tp. of Mount Laurel, 92 N.J. 158
(1983) (hereinafter "Mount Laurel II"), the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the
regulations adopted by the Council On Affordable Housing (hereinafter “COAH”), and other
applicable laws require all New Jersey municipalities to create a realistic opportunity for the
provision of low and moderate income housing (hereinafter "affordable housing"); and
WHEREAS, Genesis FBCCDC Somerset Senior Housing Urban Renewal, LLC (the
"Developer") was formed to redevelop the property located at 630 Franklin Boulevard
comprising Block 232, Lot 1-39 (the "Site"); and
WHEREAS, the Developer constructed an affordable housing project to be known as
Independence Crossing on the Site consisting of sixty four (64) low- and moderate-income
("affordable") rental units for seniors (hereinafter “Project”); and
WHEREAS, Developer has agreed to abide by all COAH/UHAC regulations including but
not limited to: pricing, bedroom mix, low/moderate income split; affirmative marketing; and all
other applicable COAH regulations; and
WHEREAS, by Resolution, the Township Council of Franklin Township endorsed
allocation of $300,000.00 for use by the Project for the purpose of satisfying the Township's
obligation for affordability assistance, generally, and for the specific purpose of writing down
the rents for the five (5) special needs units in order to make them affordable to very low
income households in accordance with N.J.A.C. 5:97-8.8.(a)2; and
WHEREAS, as a condition of project financing the Township has been asked to execute a
Subordination and Interceptor Agreement that would subordinate repayment of the
Township's $300,000 contribution to the Project to the main project loan.
BE IT AND IT IS HEREBY RESOLVED that the Township Council of the Township of
Franklin, County of Somerset and State of New Jersey does hereby authorize the Township
Manager to execute an Subordination and Interceptor Agreement regarding the Township's
$300,000 contribution to the development from the Township Affordable Housing Trust Fund.
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17.n
Franklin Township
In Somerset County
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
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17.n
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-517
Authorizing Execution of Subordination and Interceptor
Agreement - Independence Crossing
Packet Pg. 163
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Citibank, N.A.
Transaction Management Group/ Post Closing
390 Greenwich Street, 2nd Floor
New York, New York 10013
Attn: Joanne Marcino
Independence Crossing Apartments Citi Deal ID No. 8728
SUBORDINATION AND INTERCREDITOR AGREEMENT
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this
“Agreement”) dated as of October 10, 2014, is made by and among CITIBANK, N.A., a
national banking association, in its capacity as senior lender (together with its successors and
assigns, collectively, “Senior Lender”), TOWNSHIP OF FRANKLIN (together with its
successors and assigns, including Assignee, collectively, “Junior Lender”), CITIBANK, N.A.,
a national banking association, as assignee of the Junior Loan (“Assignee”) and GENESIS
FBCCDC SOMERSET SENIOR HOUSING URBAN RENEWAL, LLC, a limited liability
company organized and existing under the laws of the State of New Jersey (“Borrower”).
RECITALS:
A.
Senior Lender made a loan to Borrower on February 5, 2013 in the maximum
principal amount of $10,589,255.00 (the “Senior Loan”) for the acquisition, construction,
development, equipping and/or operation of the Property.
B.
The Senior Loan is evidenced by the Senior Note (as defined below) and is
secured by, among other things, that certain Multifamily Mortgage Assignment of Rents,
Security Agreement and Fixture Filing (the “Senior Security Instrument”), dated as of the date
hereof, encumbering the Property, and will be advanced to Borrower pursuant to the Loan
Agreement (as defined herein).
C.
Citibank, N.A. (together with its successors and assigns, “Servicer”), will act as
the initial servicer of the Senior Loan.
D.
Borrower previously received a subordinate loan on or about February 1, 2013
from Rockland Housing Action Coalition (“Rockland”) in the maximum principal amount of
$630,000 (the “Rockland Loan”) to be used for the acquisition, construction, development,
equipping and/or operation of the Property, as subordinated to the Senior Loan by that certain
Subordination and Intercreditor Agreement dated February 1, 2013 and recorded in the Somerset
County Clerk’s Office under Instrument No. 2013007919.
E.
The Rockland Loan is evidenced by the Rockland Note (as defined below) and is
secured by, among other things, that certain Affordable Housing Program Mortgage (the
Attachment: Independence Crossing_ Subordination Intercreditor Agreement (Township of Franklin) (14-517 : Authorizing Execution of
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Packet Pg. 164
“Rockland Mortgage”), dated as of February 1, 2013, encumbering the Property, and advanced
to Borrower pursuant to the Affordable Housing Program Recapture Agreement dated February
1, 2013 made between Rockland and Borrower.
F.
Borrower has applied to Junior Lender for a junior loan in the original principal
amount of $300,000 (the “Junior Loan”) to be made from proceeds of an Affordable Housing
Program loan, which Junior Loan is evidenced by that certain Promissory Note in the amount of
the Junior Loan, dated as of October 10, 2014, made by Borrower to Junior Lender (the “Junior
Note”) and secured by, the Junior Security Instrument (as hereinafter defined) encumbering the
Property. The Junior Note and Junior Security Instrument are being assigned to Assignee
pursuant to an Assignment of Note and Mortgage dated as of the date hereof from Junior Lender
to Assignee.
G.
As a condition to the Senior Lender’s consent to the Borrower grant of the Junior
Security Instrument and the making of the Senior Loan, Senior Lender requires that Junior
Lender and Assignee execute and deliver this Agreement to evidence the subordination of the
lien of the Junior Security Instrument to the lien of the Senior Security Instrument.
NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce the
making of the Senior Loan and to induce Senior Lender to consent to the Junior Loan and the
Junior Security Instrument, Junior Lender and Assignee hereby agree as follows:
1.
Definitions. Capitalized terms used but not defined in this Agreement shall have
the meanings ascribed thereto in the Senior Security Instrument. As used in this Agreement, the
terms set forth below shall have the respective meanings indicated:
“Bankruptcy Proceeding” means any bankruptcy, reorganization, insolvency,
composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of
creditors, or custodianship action or proceeding under any federal or state law with respect to
Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or
any of their respective partners, members, officers, directors, or shareholders.
“Casualty” means the occurrence of damage to or loss of any of the Property by fire or
other casualty.
“Condemnation” means any proposed or actual condemnation or other taking, or
conveyance in lieu thereof, of all or any part of the Property, whether direct or indirect.
“Enforcement Action” means the acceleration of all or any part of the Junior
Indebtedness, the advertising of or commencement of any foreclosure or trustee’s sale
proceedings, the exercise of any power of sale, the acceptance of a deed or assignment in lieu of
foreclosure or sale, the collecting of Rents, the obtaining of or seeking of the appointment of a
receiver, the seeking of default interest, the taking of possession or control of any of the
Property, the commencement of any suit or other legal, administrative, or arbitration proceeding
based upon the Junior Note or any other of the Junior Loan Documents, the exercising of any
banker’s lien or rights of set-off or recoupment, or the taking of any other enforcement action
Subordination and Intercreditor Agreement
Independence Crossing Apartments
17.n.a
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against Borrower, any other party liable for any of the Junior Indebtedness or obligated under
any of the Junior Loan Documents, or the Property.
“Enforcement Action Notice” means a written notice from Junior Lender to Senior
Lender, given following a Junior Loan Default and the expiration of any notice or cure periods
provided for such Junior Loan Default in the Junior Loan Documents, setting forth in reasonable
detail the Enforcement Action proposed to be taken by Junior Lender.
“Junior Indebtedness” means all indebtedness of any kind at any time evidenced or
secured by, or arising under, the Junior Loan Documents, whether incurred, arising or accruing
before or after the filing of any Bankruptcy Proceeding.
“Junior Loan Default” means any act, failure to act, event, condition, or occurrence
which constitutes, or which with the giving of notice or the passage of time, or both, would
constitute, an “Event of Default” as defined in the Junior Security Instrument.
“Junior Loan Documents” means, collectively, the Junior Note, the Junior Security
Instrument and all other documents evidencing, securing or delivered in connection with the
Junior Loan, together with such modifications, amendments and supplements thereto as are
approved in writing by Senior Lender prior to their execution.
“Junior Security Instrument” means that certain Mortgage, dated as of the date hereof,
made by Borrower for the benefit of Junior Lender, as the same may from time to time be
extended, consolidated, substituted for, modified, amended or supplemented upon receipt of the
consent of Senior Lender.
“Loan Agreement” means that certain Construction Loan Agreement dated as of the
date hereof by and between Borrower and Senior Lender relating to the Senior Loan.
“Loss Proceeds” means all monies received or to be received under any insurance policy,
from any condemning authority, or from any other source, as a result of any Condemnation or
Casualty.
“Property” means (i) the land and improvements known or to be known as Independence
Crossing Apartments, located in Township of Franklin, Somerset County, State of New Jersey,
which Property is more particularly described on Exhibit A attached hereto, and (ii) all furniture,
fixtures and equipment located at such apartments and other property, accounts, deposits and
rights and interests of Borrower encumbered by the Senior Security Instrument and/or the other
Senior Loan Documents.
“Senior Indebtedness” means all indebtedness of any kind at any time evidenced or
secured by, or arising under, the Senior Loan Documents, whether incurred, arising or accruing
before or after the filing of any Bankruptcy Proceeding.
“Senior Loan Documents” means, collectively, the Senior Security Instrument, the
Senior Note, the Loan Agreement and all of the other documents, instruments and agreements
now or hereafter evidencing, securing or otherwise executed in connection with the Senior Loan,
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as the same may from time to time be extended, consolidated, substituted for, modified,
increased, amended and supplemented in accordance with the provisions of this Agreement.
“Senior Loan Default” means any act, failure to act, event, condition, or occurrence
which constitutes, or which with the giving of notice or the passage of time, or both, would
constitute, an “Event of Default” as defined in the Senior Security Instrument.
“Senior Note” means the Note, as defined by the Senior Security Instrument, as the same
may from time to time be extended, consolidated, substituted for, modified, increased, amended
and supplemented.
“Senior Security Instrument” means that certain Multifamily Mortgage, Assignment of
Rents, Security Agreement and Fixture Filing dated as of the date hereof, made by Borrower for
the benefit of Senior Lender, as the same may from time to time be extended, consolidated,
substituted for, modified, increased, amended and supplemented.
2.
Junior Loan and Junior Loan Documents are Subordinate; Acts by Senior
Lender do not Affect Subordination.
(a)
Junior Lender hereby covenants and agrees on behalf of itself and its
successors and permitted assigns that the Junior Indebtedness is and shall at all times
continue to be, subordinate, subject and inferior (in payment and priority) to the prior
payment in full of the Senior Indebtedness, and that the liens, rights, payment interests,
priority interests and security interests granted to Junior Lender in connection with the
Junior Loan and under the Junior Loan Documents are, and are hereby expressly
acknowledged to be in all respects and at all times, subject, subordinate and inferior in all
respects to the liens, rights, payment, priority and security interests granted to Senior
Lender under the Senior Loan and the Senior Loan Documents and the terms, covenants,
conditions, operations and effects thereof.
(b)
Except as expressly set forth herein, repayment of the Junior Indebtedness,
is and shall be postponed and subordinated to repayment in full of the Senior Loan. Prior
to a Senior Loan Default (regardless of whether such Default occurs prior to or during the
pendency of a Bankruptcy Proceeding), Junior Lender shall be entitled to receive and
retain payments made pursuant to and in accordance with the terms of the Junior Loan
Documents; provided, however, that no such payment is made more than ten (10) days in
advance of the due date thereof. Junior Lender agrees that from and after such time as it
has received from either Senior Lender or Borrower written notice that a Senior Loan
Default then exists (which has not been expressly waived in writing by Senior Lender) or
otherwise has actual knowledge of such a Senior Loan Default, Junior Lender shall not
receive or accept any payments under the Junior Loan. If (i) Junior Lender receives any
payment, property, or asset of any kind or in any form on account of the Junior
Indebtedness (including, without limitation, any proceeds from any Enforcement Action)
after a Senior Loan Default of which Junior Lender has actual knowledge or has been
given notice, or (ii) Junior Lender receives, voluntarily or involuntarily, by operation of
law or otherwise, any payment, property, or asset in or in connection with any
Bankruptcy Proceeding, such payment, property, or asset will be received and held in
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trust for Senior Lender. Junior Lender will promptly remit, in kind and properly
endorsed as necessary, all such payments, properties, and assets to Senior Lender. Senior
Lender shall apply any payment, asset, or property so received from Junior Lender to the
Senior Indebtedness in such order, amount (with respect to any asset or property other
than immediately available funds), and manner as Senior Lender shall determine in its
sole and absolute discretion.
(c)
Without limiting the complete subordination of the Junior Indebtedness to
the payment in full of the Senior Indebtedness, in any Bankruptcy Proceeding, upon any
payment or distribution (whether in cash, property, securities, or otherwise) to creditors
(i) the Senior Indebtedness shall first be paid in full in cash before Junior Lender shall be
entitled to receive any payment or other distribution on account of or in respect of the
Junior Indebtedness, and (ii) until all of the Senior Indebtedness is paid in full in cash,
any payment or distribution to which Junior Lender would be entitled but for this
Agreement (whether in cash, property, or other assets) shall be made to Senior Lender.
(d)
The subordination of the Junior Indebtedness shall continue in the event
that any payment under the Senior Loan Documents (whether by or on behalf of
Borrower, as proceeds of security or enforcement of any right of set-off or otherwise) is
for any reason repaid or returned to Borrower or its insolvent estate, or avoided, set aside
or required to be paid to Borrower, a trustee, receiver or other similar party under any
bankruptcy, insolvency, receivership or similar law. In such event, the Senior
Indebtedness or part thereof originally intended to be satisfied shall be deemed to be
reinstated and outstanding to the extent of any repayment, return, or other action, as if
such payment on account of the Senior Indebtedness had not been made.
(e)
The subordination of the Junior Loan Documents and of the Junior
Indebtedness shall apply and continue notwithstanding (i) the actual date and time of
execution, delivery, recording, filing or perfection of the Senior Security Instrument and
other Senior Loan Documents and of the Junior Security Instrument and other Junior
Loan Documents, and (ii) the availability of any collateral to Senior Lender, including the
availability of any collateral other than the Property.
(f)
By reason of, and without in any way limiting, the full subordination of
the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement,
all rights and claims of Junior Lender under the Junior Security Instrument or under the
Junior Loan Documents in or to the Property or any portion thereof, the proceeds thereof,
the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable
with respect thereto, are expressly subject and subordinate in all respects to the rights and
claims of Senior Lender under the Senior Loan Documents in and to the Property or any
portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits
therefrom, and the Loss Proceeds payable with respect thereto.
(g)
If Junior Lender, by indemnification, subrogation or otherwise, shall
acquire any lien, estate, right or other interest in any of the Property, that lien, estate,
right or other interest shall be fully subject and subordinate to the receipt by Senior
Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents,
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to the same extent as the Junior Indebtedness and the Junior Loan Documents are
subordinate pursuant to this Agreement.
(h)
In confirmation, and not as a condition, of the subordination of the Junior
Indebtedness and the Junior Loan Documents provided for in this Agreement, Junior
Lender shall place on or attach to the Junior Note a notice to the following effect, and
shall provide Senior Lender with a copy of the Junior Note showing such notice:
“The indebtedness evidenced by this Note is and shall be subordinate in
right of payment to the prior payment in full of all amounts then due and
payable (including, but not limited to, all amounts due and payable by
virtue of any default or acceleration or upon maturity) with respect to the
indebtedness evidenced by the Note (as defined by that certain
Multifamily Mortgage Assignment of Rents, Security Agreement and
Fixture Filing by the Borrower in favor of CITIBANK, N.A.), in the
original maximum principal amount of $10,589,255.00, executed by
Borrower and payable to CITIBANK, N.A. (“Senior Lender”) to the
extent and in the manner provided in that certain Subordination and
Intercreditor Agreement, dated as of October 10, 2014, between Senior
Lender and the holder of this Note (the “Subordination Agreement”).
The rights and remedies of the payee and each subsequent holder of this
Note shall be deemed, by virtue of such holder’s acquisition of this Note,
to have agreed to perform and observe all of the terms, covenants and
conditions to be performed or observed by the “Junior Lender” under the
Subordination Agreement.”
(i)
Junior Lender hereby acknowledges and agrees that Senior Lender may,
without the consent or approval of Junior Lender, agree with Borrower to extend,
consolidate, modify, increase or amend any or all the Senior Loan Documents and
otherwise act or fail to act with respect to any matter set forth in any Senior Loan
Document (including, without limitation, the exercise of any rights or remedies, waiver,
forbearance or delay in enforcing any rights or remedies, the declaration of acceleration,
the declaration of defaults or events of default, the release, in whole or in part, of any
collateral or other property, and any consent, approval or waiver), and all such
extensions, consolidations, modifications, amendments acts and omissions shall not
release, impair or otherwise affect Junior Lender’s obligations and agreements hereunder.
3.
Junior Lender Agreements.
(a)
Without the prior written consent of Senior Lender in each instance, Junior
Lender shall not (i) amend, modify, waive, extend, renew or replace any provision of any
of the Junior Loan Documents, or (ii) pledge, assign, transfer, convey, or sell any interest
in the Junior Indebtedness or any of the Junior Loan Documents; or (iii) accept any
payment on account of the Junior Indebtedness other than a regularly scheduled payment
of interest or principal and interest made not earlier than ten (10) days prior to the due
date thereof; or (iv) take any action which has the effect of increasing the Junior
Indebtedness; or (v) appear in, defend or bring any action in connection with the
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Property; or (vi) take any action concerning environmental matters affecting the Property.
Regardless of any contrary provision in the Junior Loan Documents, Junior Lender shall
not collect payments for the purpose of escrowing for any cost or expense related to the
Property or for any portion of the Junior Indebtedness.
(b)
Senior Lender shall have the right, but shall not have any obligation, to
cure any Junior Loan Default until ninety (90) days following Senior Lender’s receipt of
an Enforcement Action Notice given by Junior Lender as a consequence of the Junior
Loan Default. Senior Lender shall not be subrogated to the rights of Junior Lender under
the Junior Loan Documents by reason of Senior Lender having cured any Junior Loan
Default. However, Junior Lender acknowledges that all amounts advanced or expended
by Senior Lender to cure a Junior Loan Default shall be added to and become a part of
the Senior Indebtedness pursuant to the terms of the Senior Security Instrument.
(c)
In the event and to the extent that each of Senior Lender and Junior Lender
have under their respective loan documents certain approval or consent rights over the
same subject matters (regardless of whether the obligations or rights are identical or
substantially identical), Junior Lender agrees that Senior Lender shall exercise such
approval rights on behalf of both Senior Lender and Junior Lender, and Junior Lender
shall have no right to object to any such action or approval taken by Senior Lender and
shall consent thereto and be bound thereby. Without limiting the generality of the
foregoing, Senior Lender shall have all approval, consent and oversight rights in
connection with any insurance claims relating to the Property, any decisions regarding
the use of insurance proceeds after a casualty loss or condemnation awards, the hiring or
firing of property managers, or otherwise related in any way to the Property, and Junior
Lender shall have no right to object to any such action or approval taken by Senior
Lender and shall consent thereto and be bound thereby.
(d)
Junior Lender shall not commence or join with any other creditor in
commencing any Bankruptcy Proceeding involving Borrower, and Junior Lender shall
not initiate and shall not be a party to any action, motion or request, in a Bankruptcy
Proceeding involving any other person or entity, which seeks the consolidation of some
or all of the assets of Borrower into such Bankruptcy Proceeding. In the event of any
Bankruptcy Proceeding relating to Borrower or the Property or, in the event of any
Bankruptcy Proceeding relating to any other person or entity into which (notwithstanding
the covenant in the first sentence of this clause) the assets or interests of Borrower are
consolidated, then in either event, the Senior Loan shall first be paid in full before Junior
Lender shall be entitled to receive and retain any payment or distribution in respect to the
Junior Loan. Junior Lender agrees that (i) Senior Lender shall receive all payments and
distributions of every kind or character in respect of the Junior Loan to which Junior
Lender would otherwise be entitled, but for the subordination provisions of this
Agreement (including without limitation, any payments or distributions during the
pendency of a Bankruptcy Proceeding involving Borrower or the Property and (ii) the
subordination of the Junior Loan and the Junior Loan Documents shall not be affected in
any way by Senior Lender electing, under Section 1111(b) of the federal bankruptcy
code, to have its claim treated as being a fully secured claim. In addition, Junior Lender
hereby covenants and agrees that, in connection with a Bankruptcy Proceeding involving
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Borrower, neither Junior Lender nor any of its affiliates shall (i) make or participate in a
loan facility to or for the benefit of Borrower on a basis that is senior to or pari pasu with
the liens and interests held by Senior Lender pursuant to the Senior Loan Documents, (ii)
not vote affirmatively in favor of any plan of reorganization or liquidation unless Senior
Lender has also voted affirmatively in favor of such plan, and (iii) not contest the
continued accrual of interest on the Senior Indebtedness, in accordance with and at the
rates specified in the Senior Loan Documents, both for periods before and for periods
after the commencement of such Bankruptcy Proceedings. Junior Lender shall execute
and deliver to Senior Lender powers of attorney, assignments or other instruments as may
be requested by Senior Lender in order to enable it to exercise the above-described
authority or powers with respect to any or all of the Junior Loan Documents, and to
collect and receive any and all payments or distributions which may be payable or
deliverable at any time upon or with respect to any of the Junior Loan Documents to
Junior Lender.
(e)
Junior Lender covenants and agrees that the effectiveness of this
Agreement and the rights of Senior Lender hereunder shall be in no way impaired,
affected, diminished or released by any renewal or extension of the time of payment of
the Senior Loan, by any delay, forbearance, failure, neglect or refusal of Senior Lender in
enforcing payment thereof or in enforcing the lien of or attempting to realize upon the
Senior Loan Documents or any other security which may have been given or may
hereafter be given for the Senior Loan, by any waiver or failure to exercise any right or
remedy under the Senior Loan Documents, or by any other act or failure to act by Senior
Lender. Junior Lender acknowledges that Senior Lender, at its sole option, may release
all or any portion of the Property from the lien of the Senior Security Instrument, and
may release or waive any guaranty, surety or indemnity providing additional collateral to
Senior Lender, and Junior Lender hereby waives any legal or equitable right in respect of
marshaling it might have, in connection with any release of all or any portion of the
Property by Senior Lender, to require the separate sales of any portion of the Property or
to require Senior Lender to exhaust its remedies against any portion of the Property or
any other collateral before proceeding against any other portion of the Property or other
collateral (including guarantees) for the Senior Loan. Senior Lender may pursue all
rights and remedies available to it under the Senior Loan Documents, at law, or in equity,
regardless of any Enforcement Action Notice or Enforcement Action by Junior Lender.
At any time or from time to time and any number of times, without notice to Junior
Lender and without affecting the liability of Junior Lender, (a) the time for payment of
the Senior Indebtedness may be extended or the Senior Indebtedness may be renewed in
whole or in part; (b) the time for Borrower’s performance of or compliance with any
covenant or agreement contained in the Senior Loan Documents, whether presently
existing or hereinafter entered into, may be extended or such performance or compliance
may be waived; (c) the maturity of the Senior Indebtedness may be accelerated as
provided in the Senior Loan Documents; (d) any Senior Loan Document may be
modified or amended by Senior Lender and Borrower in any respect, including, but not
limited to, an increase in the principal amount; and (e) any security for the Senior
Indebtedness may be modified, exchanged, surrendered or otherwise dealt with or
additional security may be pledged or mortgaged for the Senior Indebtedness. If, after
the occurrence of a Senior Loan Default, Senior Lender acquires title to any of the
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Property pursuant to a mortgage foreclosure conducted in accordance with applicable
law, the lien, operation, and effect of the Junior Security Instrument and other Junior
Loan Documents automatically shall terminate with respect to such Property upon Senior
Lender’s acquisition of title.
(f)
Junior Lender acknowledges that it entered into the transactions
contemplated by the Junior Loan Documents and made the Junior Loan to Borrower
without reliance upon any information or advice from Senior Lender. Junior Lender
made its own underwriting analysis in connection with the Junior Loan, its own credit
review of Borrower, and investigated all matters pertinent, in Junior Lender’s judgment,
to its determination to make the Junior Loan to Borrower. Junior Lender acknowledges
that it is a sophisticated, experienced commercial lender, and was represented by
competent counsel in connection with this Agreement.
(g)
Junior Lender hereby represents and warrants that, as of the date hereof,
the entire proceeds of the Junior Loan have been disbursed to Borrower. Junior Lender
hereby further represents and warrants that: (i) Junior Lender is now the owner and
holder of the Junior Loan Documents; (ii) the Junior Loan Documents are now in full
force and effect; (iii) the Junior Loan Documents have not been modified or amended;
(iv) no default or event which, with the passing of time or giving of notice would
constitute a default, under the Junior Loan Documents has occurred; (v) the current
principal balance of the Junior Indebtedness is THREE HUNDRED THOUSAND AND
00/100 DOLLARS ($300,000.00); (vi) no scheduled monthly payments under the Junior
Note have been or will be prepaid except with the prior written consent of Senior Lender;
(vii) none of the rights of Junior Lender under any of the Junior Loan Documents are
subject to the rights of any third parties, by way of subrogation, indemnification or
otherwise; and (viii) it has provided to Senior Lender a true, complete, and correct copy
of all the Junior Loan Documents.
(h)
Junior Lender hereby agrees that notwithstanding anything to the contrary
in the Junior Loan Documents, for so long as the Senior Loan is outstanding, Borrower
shall not be obligated to pay more than seventy-five percent (75%) of Excess Cash Flow
(as defined herein) in payments under the Junior Note (but Borrower shall only be
required to pay such sums as required under the Junior Note). For the purposes hereof,
the following definitions shall apply:
“Excess Cash Flow” shall mean, for any period, Gross Revenues for such period
less the sum of (i) Expenses of the Property for such period, and (ii) without duplication,
all amounts due on the Senior Loan Obligations for such period.
“Expenses of the Property” shall mean, for any period, the current expenses,
paid or accrued, of operation, maintenance and current repair of the Property, as
calculated in accordance with GAAP, and shall include, without limiting the generality of
the foregoing, salaries, wages, employee benefits, cost of materials and supplies, costs of
routine repairs, renewals, replacements and alterations occurring in the usual course of
business, costs and expenses properly designated as capital expenditures (e.g. repairs
which would not be payable from amounts on deposit in a repair and replacement fund
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held pursuant to the Loan Documents), a management fee (however characterized) not to
exceed 6% of Gross Revenues, costs of billings and collections, costs of insurance, and
costs of audits. Expenses of the Property shall not include any payments, however
characterized, on account of the Junior Loan or any other subordinate financing in respect
of the Property or other indebtedness, allowance for depreciation, amortization or other
non-cash items, gains and losses or prepaid expenses not customarily prepaid.
“Gross Revenues” shall mean all receipts, revenues, income and other moneys
received by or on behalf of Borrower and derived from the ownership or operation of the
Property, and all rights to receive the same, whether in the form of accounts, accounts
receivable, contract rights or other rights, and the proceeds of such rights, and whether
now owned or held or hereafter coming into existence and proceeds received upon the
foreclosure sale of the Property. Gross Revenues shall not include loan proceeds, equity
or capital contributions, or tenant security deposits being held by Borrower in accordance
with the applicable law.
“Senior Loan Obligations” shall mean and includes, collectively, and without
limitation, each of the following: (A) all debt service payments due on the Senior
Indebtedness, (B) all obligations of Borrower under the Senior Loan Documents, (C) all
capital expenditures required for the proper maintenance of the Property in accordance
with the Senior Loan Documents, as calculated by Borrower in accordance with
customarily accepted cash basis accounting principles, consistently applied, and in
accordance with the terms of the Senior Loan Documents; (D) all amounts required to be
deposited into any replacement reserve, completion/repair reserve, operating deficit
reserve, principal repayment reserve, replacement hedge reserve or other reserve or
escrow established or required by Senior Lender or Servicer in connection with the
Senior Loan and the Senior Loan Documents, including the Senior Security Instrument,
and (E) all fees, costs and expenses of Senior Lender and Servicer in connection with the
Senior Loan.
4.
Standstill Agreement; Right to Cure Senior Loan Default.
(a)
Until such time as any of the Senior Indebtedness has been repaid in full
and the Senior Security Instrument has been released and discharged, Junior Lender shall
not without the prior written consent of Senior Lender, which may be withheld in Senior
Lender’s sole and absolute discretion, take any Enforcement Action, including, without
limitation, (i) accelerate the Junior Loan, (ii) exercise any of Junior Lender’s remedies
under the Junior Security Instrument or any of the other Junior Loan Documents
(including, without limitation, the commencement of any judicial or non-judicial action
of proceeding (a) to enforce any obligation of Borrower under any of the Junior Loan
Documents, (b) to collect any monies payable to Borrower, (c) to have a receiver
appointed to collect any monies payable to Borrower; or (d) to foreclose the lien(s)
created by the Junior Security Instrument) or (iii) file or join in the filing of any
involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns
a direct or indirect interest in Borrower; provided, however, that such limitation on the
remedies of Junior Lender shall not derogate or otherwise limit Junior Lender’s rights,
following an event of default under the Junior Loan Documents to (a) compute interest on
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all amounts due and payable under the Junior Loan at the default rate described in the
Junior Loan Documents, (b) compute prepayment premiums and late charges, and (c)
enforce against any person, other than Borrower and any guarantors or indemnitors under
the Senior Loan Documents, any guaranty of the obligations of Borrower under the
Junior Loan.
(b)
Senior Lender shall, simultaneously with the sending of any notice of a
Senior Loan Default to Borrower, send to Junior Lender a copy of said notice under the
Senior Loan Documents; provided, however, failure to do so shall not affect the validity
of such notice or any obligation of Borrower to Senior Lender and shall not affect the
relative priorities between the Senior Loan and the Junior Loan as set forth herein.
Borrower covenants and agrees to forward to Junior Lender, within three (3) business
days of Borrower’s receipt thereof, a copy of any notice of a Senior Loan Default
Borrower receives from Senior Lender.
(c)
Junior Lender shall have the right, but shall have no obligation, to cure
any Senior Loan Default; provided, if Junior Lender shall elect to cure any such Default,
it shall so notify Senior Lender and shall commence and complete such curing within any
applicable notice or grace period, if any, as Borrower is permitted by the terms of the
Senior Loan Documents to cure such Senior Loan Default. Junior Lender shall not be
subrogated to the rights of Senior Lender under the Senior Loan Documents by reason of
Junior Lender having cured any Senior Loan Default. However, Senior Lender
acknowledges that, to the extent so provided in the Junior Loan Documents, amounts
advanced or expended by Junior Lender to cure a Senior Loan Default may be added to
and become a part of the Junior Indebtedness.
(d)
Junior Lender agrees that, notwithstanding any contrary provision
contained in the Junior Loan Documents, a Senior Loan Default shall not constitute a
default under the Junior Loan Documents if no other default occurred under the Junior
Loan Documents.
(e)
Junior Lender acknowledges that any conveyance or other transfer of title
to the Property pursuant to a foreclosure of the Junior Security Instrument (including a
conveyance or other transfer of title pursuant to the exercise of a power of sale contained
in the Junior Security Instrument), or any deed or assignment in lieu of foreclosure or
similar arrangement, shall be subject to the transfer provisions of the Senior Loan
Documents; and the person (including Junior Lender) who acquires title to the Property
pursuant to the foreclosure proceeding (or pursuant to the exercise of a power of sale
contained in the Junior Security Instrument) shall not be deemed to be automatically
approved by Senior Lender.
5.
Insurance. Junior Lender agrees that all original policies of insurance required
pursuant to the Senior Security Instrument shall be held by Senior Lender. The preceding
sentence shall not preclude Junior Lender from requiring that it be named as a loss payee, as its
interest may appear, under all policies of property damage insurance maintained by Borrower
with respect to the Property, provided such action does not affect the priority of payment of the
proceeds of property damage insurance under the Senior Security Instrument, or that it be named
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as an additional insured under all policies of liability insurance maintained by Borrower with
respect to the Property.
6.
Default. Junior Lender and Borrower acknowledge and agree that a default by
either such party under this Agreement shall, at the sole option of Senior Lender, constitute a
default under the Senior Loan Documents. Each party hereto acknowledges that in the event any
party fails to comply with its obligations hereunder, the other parties shall have all rights
available at law and in equity, including the right to obtain specific performance of the
obligations of such defaulting party and injunctive relief. No failure or delay on the part of any
party hereto in exercising any right, power or remedy hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any
other or further exercise thereof or the exercise of any other right, power or remedy hereunder.
7.
Enforcement Costs. Borrower and Junior Lender agree to reimburse Senior
Lender for any and all costs and expenses (including reasonable attorneys’ fees) incurred by
Senior Lender in connection with enforcing its rights against Junior Lender under this
Agreement.
8.
Notices. Any notice which any party hereto may be required or may desire to
give hereunder shall be deemed to have been given and shall be effective only if it is in writing
and (i) delivered personally, (ii) mailed, postage prepaid, by United State registered or certified
mail, return receipts requested, (iii) delivered by overnight express courier or (iv) sent by
telecopier, in each instance addressed as follows:
To Junior Lender:
Township of Franklin
Municipal Building, 475 DeMott Lane
Somerset, New Jersey 08873-6704
Attn: Township Manager
Facsimile: (732) 873-1294
If to Senior Lender:
Attention: Desk Head, Transaction Management Group
Independence Crossing Apartments Deal ID No. 8728
Facsimile: (212) 723-8642
AND
325 East Hillcrest Drive, Suite 160
Thousand Oaks, California 91360
Attention: Operations Manager/Asset Manager
Facsimile: (805) 557-0924
AND
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Attention: Account Specialist
Facsimile: (866) 461-9894
AND
388 Greenwich Street
Attention: General Counsel’s Office
Facsimile: (212) 723-8939
or at such other addresses or to the attention of such other persons as may from time to time be
designated by the party to be addressed by written notice to the other in the manner herein
provided. Notices, demands and requests given in the manner aforesaid shall be deemed
sufficiently served or given for all purposes hereunder when received or when delivery is refused
or when the same are returned to sender for failure to be called for.
9.
WAIVER OF TRIAL BY JURY.
TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, EACH OF THE PARTIES HERETO (A)
COVENANTS AND AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO
ANY ISSUE ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP BETWEEN
THE PARTIES THAT IS TRIABLE OF RIGHT BY A JURY AND (B) WAIVES ANY RIGHT
TO TRIAL BY JURY WITH RESPECT TO SUCH ISSUE TO THE EXTENT THAT ANY
SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS WAIVER OF RIGHT TO TRIAL
BY JURY IS SEPARATELY GIVEN BY EACH PARTY, KNOWINGLY AND
VOLUNTARILY WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL.
10.
Term. The term of this Agreement shall commence on the date hereof and shall
continue until the earliest to occur of the following events: (i) the payment of all of the principal
of, interest on and other amounts payable under the Senior Loan Documents; (ii) the payment of
all of the principal of, interest on and other amounts payable under the Junior Loan Documents,
other than by reason of payments which Junior Lender is obligated to remit to Senior Lender
pursuant to the terms hereof; (iii) the acquisition by Senior Lender of title to the Property
pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale
contained in) the Senior Security Instrument; or (iv) the acquisition by Junior Lender of title to
the Property pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a
power of sale contained in) the Junior Security Instrument, but only if such acquisition of title
does not violate any of the terms of this Agreement.
11.
Miscellaneous.
(a)
Junior Lender shall, within ten (10) business days following a request
from Senior Lender, provide Senior Lender with a written statement setting forth the then
current outstanding principal balance of the Junior Loan, the aggregate accrued and
unpaid interest under the Junior Loan, and stating whether, to the knowledge of Junior
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Lender, any default or event of default exists under the Junior Loan, and containing such
other information with respect to the Junior Indebtedness as Senior Lender may require.
Upon notice from Senior Lender from time to time, Junior Lender shall execute and
deliver such additional instruments and documents, and shall take such actions, as are
required by Senior Lender in order to further evidence or effectuate the provisions and
intent of this Agreement.
(b)
Junior Lender shall give Senior Lender a concurrent copy of each notice of
a Junior Loan Default or other material notice given by Junior Lender under the Junior
Loan Documents.
(c)
This Agreement shall bind and inure to the benefit of all successors and
assigns of Junior Lender and Senior Lender. Senior Lender may assign its interest in the
Senior Loan Documents without notice to or consent of Junior Lender. Junior Lender
may only assign its rights and interests hereunder following the prior written consent of
Senior Lender, which consent may be withheld or conditioned in its sole and absolute
discretion.
(d)
Senior Lender hereby consents to the Junior Loan and the Junior Loan
Documents; provided, however, that this Agreement does not constitute an approval by
Senior Lender of the terms of the Junior Loan Documents. Junior Lender hereby
consents to the Senior Loan and the Senior Loan Documents; provided, however, that this
Agreement does not constitute an approval by Junior Lender of the terms of the Senior
Loan Documents.
(e)
This Agreement may be executed in multiple counterparts, each of which
shall constitute an original document and all of which together shall constitute one
agreement.
(f)
IN ALL RESPECTS, INCLUDING, WITHOUT LIMITATION,
MATTERS OF CONSTRUCTION AND PERFORMANCE OF THIS AGREEMENT
AND THE OBLIGATIONS ARISING HEREUNDER, THIS AGREEMENT HAS
BEEN ENTERED INTO AND DELIVERED IN, AND SHALL BE CONSTRUED IN
ACCORDANCE WITH AND GOVERNED BY, THE LAWS OF THE STATE WHERE
THE PROPERTY IS LOCATED, WITHOUT GIVING EFFECT TO ANY
PRINCIPLES OF CONFLICTS OF LAW.
(g)
Time is of the essence in the performance of every covenant and
agreement contained in this Agreement.
(h)
If any provision or remedy set forth in this Agreement for any reason shall
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision or remedy of this Agreement and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision or
remedy had never been set forth herein, but only to the extent of such invalidity, illegality
or unenforceability.
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(i)
Each party hereto hereby represents and warrants that this Agreement has
been duly authorized, executed and delivered by it and constitutes a legal, valid and
binding agreement enforceable in all material respects in accordance with its terms.
(j)
Borrower hereby acknowledges and consents to the execution of this
Agreement, and agrees to be bound by the provisions hereof that are applicable to
Borrower. Solely as between Senior Lender and Junior Lender, all of the signatories
below hereby agree that to the extent of any conflict between the terms and provisions of
this Agreement and the terms and provisions of the Senior Loan Documents and/or the
Junior Loan Documents respectively, the terms and provisions of this Agreement shall
govern and control. By executing this Agreement in the place provided below, Borrower
hereby (i) acknowledges the provisions hereof, (ii) agrees not to take any action
inconsistent with Senior Lender’s rights or Junior Lender’s rights under this Agreement,
(iii) waives and relinquishes to the maximum extent permitted by law any and all rights,
defenses and claims now existing or hereinafter accruing relating to Junior Lender’s
forbearance from exercising any rights and remedies pursuant to Section 4 of this
Agreement, including, without limitation, any defenses based on the statute of limitations
or any equitable defenses, such as laches, and (iv) acknowledges and agrees that (A) this
Agreement is entered into for the sole protection and benefit of Senior Lender and Junior
Lender (and their respective successors, assigns and participants), and no other person
(including Borrower) shall have any benefits, rights or remedies under or by reason of
this Agreement, (B) nothing in this Agreement is intended, or shall be construed to,
relieve or discharge the obligations or liabilities of any third party (including Borrower
under the Senior Loan Documents and the Junior Loan Documents), (c) neither of them
nor any of their affiliates shall be, or be deemed to be, beneficiaries of any of the
provisions hereof or have any rights hereunder whatsoever, and (D) no provision of this
Agreement is intended to, or shall be construed to, give any such third party (including
Borrower) any right subrogating to the rights of, or action against, Senior Lender or
Junior Lender.
(k)
No amendment, supplement, modification, waiver or termination of this
Agreement shall be effective against any party unless such amendment, supplement,
modification, waiver or termination is contained in a writing signed by such party.
(l)
No party other than Senior Lender and Junior Lender shall have any rights
under, or be deemed a beneficiary of any of the provisions of, this Agreement.
(m)
Nothing herein or in any of the Senior Loan Documents or Junior Loan
Documents shall be deemed to constitute Senior Lender as a joint venturer or partner of
Junior Lender.
12.
Intentionally Omitted.
13.
Attached Exhibits.
The following Exhibits are attached to this Agreement and are incorporated by reference
herein as if more fully set forth in the text hereof:
17.n.a
15
Packet Pg. 178
Exhibit A – Legal Description
Exhibit B – Modifications to Subordination and Intercreditor Agreement
The terms of this Agreement are modified and supplemented as set forth in said Exhibits.
To the extent of any conflict or inconsistency between the terms of said Exhibits and the text of
this Agreement, the terms of said Exhibits shall be controlling in all respects.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
17.n.a
16
Packet Pg. 179
IN WITNESS WHEREOF, the undersigned have duly executed and delivered this
Subordination and Intercreditor Agreement or caused this Subordination and Intercreditor
Agreement to be duly executed and delivered by their respective authorized representatives as of
the date first set forth above. The undersigned intend that this instrument shall be deemed to be
signed and delivered as a sealed instrument.
JUNIOR LENDER:
By: __________________________________
Name:
Title:
ACKNOWLEDGMENT
STATE OF New Jersey
COUNTY OF
)
) ss.
)
I HEREBY CERTIFY that on this ____ day of October, 2014, before me, a Notary Public
for the state aforesaid, personally appeared _______________________, known to me or
satisfactorily proven to be the Person whose name is subscribed to the foregoing Subordination
and Intercreditor Agreement, who acknowledged that he/she is the ___________ of the
Township of Franklin; that he/she has been duly authorized to execute, and has executed, such
instrument on its behalf for the purposes therein set forth; and that the same is its act and deed.
IN WITNESS WHEREOF, I have set my hand and Notarial Seal, the day and year first
above written.
________________________________
Notary Public
My commission expires on _________
(signatures follow on subsequent page)
17.n.a
S-1
Packet Pg. 180
SENIOR LENDER:
CITIBANK, N.A.,
a national banking association
By: __________________________
Name: Tricia Yarger
Title: Vice President
ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF NEW YORK
)
) ss.
)
for the state aforesaid, personally appeared Tricia Yarger, known to me or satisfactorily proven
to be the Person whose name is subscribed to the foregoing Subordination and Intercreditor
Agreement, who acknowledged that he is Vice President of Citibank, N.A., a national banking
association; that he/she has been duly authorized to execute, and has executed, such instrument
on its behalf for the purposes therein set forth; and that the same is its act and deed.
above written.
________________________________
Notary Public
17.n.a
S-2
Packet Pg. 181
ASSIGNEE:
CITIBANK, N.A.,
a national banking association
By: __________________________
Name: Tricia Yarger
Title: Vice President
ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF NEW YORK
)
) ss.
)
for the state aforesaid, personally appeared Tricia Yarger, known to me or satisfactorily proven
to be the Person whose name is subscribed to the foregoing Subordination and Intercreditor
Agreement, who acknowledged that he is Vice President of Citibank, N.A., a national banking
association; that he/she has been duly authorized to execute, and has executed, such instrument
on its behalf for the purposes therein set forth; and that the same is its act and deed.
above written.
________________________________
Notary Public
17.n.a
S-3
Packet Pg. 182
ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE:
BORROWER:
GENESIS FBCCDC SOMERSET SENIOR
HOUSING URBAN RENEWAL, LLC,
a New Jersey limited liability company
By:
Somerset Senior Manager, LLC,
a New Jersey limited liability company,
as managing member
By: ____________________________
Karim A. Hutson
Manager
ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF NEW YORK
)
) ss.
)
for the state aforesaid, personally appeared Karim A. Hutson, known to me or satisfactorily
proven to be the Person whose name is subscribed to the foregoing Subordination and
Intercreditor Agreement, who acknowledged that he is the Manager of Somerset Senior
Manager, LLC, the managing member of Genesis FBCCDC Somerset Senior Housing Urban
Renewal, LLC, a New Jersey limited liability company; that he/she has been duly authorized to
execute, and has executed, such instrument on its behalf for the purposes therein set forth; and
that the same is its act and deed.
above written.
________________________________
Notary Public
17.n.a
S-4
Packet Pg. 183
EXHIBIT A
LEGAL DESCRIPTION
All that certain lot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and being in the Township of Franklin, County of
Somerset, State of New Jersey
TRACT I:
BEGINNING at an iron pin with a cap marking the intersection of the westerly
line of Norma Avenue with the southerly line of Martin Street; and thence
1. Along the westerly line of Norma Avenue, South 16 degrees 50 minutes 00
seconds East 200.00 feet to an iron pin with cap marking the intersection of the northerly
line of Hamilton Street with the westerly line of Norma Avenue; and thence
2. Along the northerly line of Hamilton Street, South 73 degrees 10 minutes 00
seconds West 400.00 feet to an iron pin with a cap; and thence
3. Continuing along the same line of Hamilton Street, North 16 degrees 50
minutes 00 seconds West 3.00 feet to a point; and thence
4. Along the same line of Hamilton Street, South 73 degrees 10 minutes 00
seconds West 13.92 feet to a point; and thence
5. Still along the northerly line of Hamilton Street, South 83 degrees 10 minutes
00 seconds West 73.97 feet to an iron pin with cap; and thence
6. Curving to the right in a northerly direction, having a radius of 29.00 feet and
an arc length of 45.21 feet to a point along the easterly line of Franklin Boulevard
(F.K.A. Derussey Lane); and thence
7. Along the easterly line of Franklin Boulevard, curving to the left in a northerly
direction, having a radius of 665.57 feet and an arc length of 151.39 feet to an iron pin
with a cap marking the intersection of the southerly line of Martin Street with the easterly
line of Franklin Boulevard; and thence
8. Along the southerly line of Martin Street, South 73 degrees 10 minutes 00
seconds West 502.94 feet to the point or place of BEGINNING.
Also Known as:
BEGINNING at an iron pin with a cap marking the intersection of the westerly
line of Norma Avenue (50’ ROW) with the southerly line of Martin Place (50’ ROW);
thence running
17.n.a
A-1
Packet Pg. 184
1.
South 26 degrees 40 minutes 38 seconds East, along the westerly line of Norma
Avenue, a distance of 200.00 feet to an iron pin with cap in the northerly line of
Hamilton Street; thence
2.
South 63 degrees 19 minutes 22 seconds West, along said line, a distance of 400.00
feet to an iron pin with cap; thence
3.
North 26 degrees 40 minutes 38 seconds West, along said line, a distance of 3.00 feet
to a point; thence
4.
feet to a point; thence
5.
feet to an iron pin with cap; thence
6.
Along a curve to the right having a radius of 29.00 feet, an arc length of 45.21 feet
and a chord of North 62 degrees 00 minutes 58 seconds West a distance of 40.77 feet
to a point; thence
7.
Along a curve to the left having a radius of 665.57 feet, an arc length of 151.41 feet
and a chord of North 23 degrees 52 minutes 19 seconds West, along the easterly line
of Franklin Boulevard, a distance of 151.08 feet to an iron pin with cap in the
southerly line of Martin Street; thence
8.
North 63 degrees 19 minutes 22 seconds East, along said line of Martin Street, a
distance of 502.95 feet to the point or place of BEGINNING.
BEING known as All of Lots 175 through 206 and Part of Lots 207 through 212
& 214 as shown on a certain map entitled "Hamilton Park" filed in the Somerset County
Clerk's Office on June 24, 1919 as Map No. 150-A.
Being known and designated as Lots 1-39, Block 232, as shown on the Current
Tax Assessment Map of the Township of Franklin, Somerset County, New Jersey.
TRACT II:
BEGINNING at a point, witnessed by an iron pin with cap set, as the intersection
to the northerly line of Martin Street, (50 feet wide) with the easterly line of Norma
Avenue, (50 feet wide) and running; thence
1. Along the said line of Norma Avenue North 16 degrees 50 minutes West
200.00 feet to an iron pin with cap, at the intersection of the easterly line of Norma
Avenue with the southerly line of Lewis Street; and thence
17.n.a
S-2
Packet Pg. 185
2. Along the southerly line of Lewis Street, North 73 degrees 10 minutes East
100.00 feet to an iron pin with cap; thence
3. South 16 degrees 50 minutes East 200.00 feet to an iron pin with cap in the
northerly line of Martin Street; and thence
4. Along the northerly line of Martin Street, South 73 degrees 10 minutes West
100.00 feet to the point or place of BEGINNING.
BEING known and designated as Lots 72-79 as shown on "Map of Hamilton
Park" filed in the Somerset County Clerk's Office on June 24, 1919 as Map No. 150-A.
Being Tax Lots 1 through 8, Block 231, Tax Map of the Township of Franklin,
County of Somerset, State of New Jersey.
17.n.a
S-3
Packet Pg. 186
EXHIBIT B
Modifications To
The following modifications are made to the text of the Agreement that precedes this
Exhibit:
None.
B-1
17.n.a
Packet Pg. 187
17.o
Resolution #14-518
10/28/2014
RESOLUTION - SOMERSET COUNTY - IMPLORING THE SOMERSET COUNTY PLANNING BOARD
TO RESOLVE THE ISSUES REGARDING THE POLIZE ("SOMERSET DINER") SUBDIVISION, 935 &
1045 EASTON AVENUE
WHEREAS, the Delaware and Raritan Canal towpath is one of the unique amenities that
makes Franklin one of the best places to live; and
WHEREAS, the Township Council desires to increase opportunities for public access to the
Delaware and Raritan Canal towpath; and
WHEREAS, due to its adjacency and access to the Somerset population center, various
plans (e.g., Canal Access Vision and Strategic Plan - December 2009; the Township's Pathways and
Trails Plan - December 2008; and the County's Easton Avenue/ Main Street Corridor Plan - May
2011) have specifically identified the need for a pedestrian bridge providing access to the
Delaware and Raritan Canal towpath in the area of the Easton Avenue/ JFK Boulevard intersection;
and
WHEREAS, an engineering feasibility analysis commissioned by the D&R Canal Commission
confirmed the area behind the diner as a feasible location for this pedestrian bridge, with the next
step being the production of construction plans for the bridge and associated access path; and
WHEREAS,
in March 2012 the Township Zoning Board of Adjustment approved a
subdivision of the Somerset Diner site, 935 & 1045 Easton Avenue (Docket No. ZBA 11-00030 Polize, Inc.) and as part of the subdivision approval the applicant voluntarily agreed to deed a
portion of the site to the Township which will allow for the construction of a pedestrian bridge
behind the diner and an access path extending along the right side of the diner; and
WHEREAS, since the March 2012 subdivision approval by the Township Zoning Board of
Adjustment, the subdivision has been on hold pending an on-going issue of dispute with Somerset
County involving future road access to Easton Avenue; and
County of Somerset, that, due to the significant public benefit that would result from a pedestrian
bridge providing access to the Delaware and Raritan Canal towpath in the area of the Easton
Avenue/ JFK Boulevard intersection, the Somerset County Planning Board is implored to resolve
this issue as quickly as possible.
Packet Pg. 188
17.o
Franklin Township
In Somerset County
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 189
17.o
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-518
Imploring the Somerset County Planning Board to
Resolve the Issues Regarding the Polize ("Somerset
Diner") Subdivision, 935 & 1045 Easton Avenue
As requested by the Land Use, Open Space, Parks & Recreation Standing Committee.
Packet Pg. 190
17.p
Resolution #14-519
10/28/2014
RESOLUTION - AUDIT - RESOLUTION OF THE TOWNSHIP OF FRANKLIN, IN THE COUNTY OF
SOMERSET, NEW JERSEY DIRECTING THE UNDERTAKING OF A CONTINUING DISCLOSURE
REVIEW AND AUTHORIZING PARTICIPATION IN THE "MUNICIPALITIES CONTINUING
DISCLOSURE COOPERATION" INITIATIVE OF THE DIVISION OF ENFORCEMENT OF HE U.S.
SECURITIES EXCHANGE COMMISSION
WHEREAS, the Township of Franklin, in the County of Somerset, New Jersey (the
"Issuer") has previously issued one or more series of bonds and or notes, including in the past
five (5) years pursuant to one or more preliminary and final official statements (collectively, the
"Bonds"); and
WHEREAS, in connection with the issuance of such Bonds, the Issuer covenanted with
Bondholders to provide certain secondary market information on an annual basis to the
Nationally Recognized Municipal Securities Information Repositories (pre-2009) and to the
Municipal Securities Rulemaking Board's Electronic Municipal Market Access Data Port (2009 to
present) ("EMMA"), including, but not limited to, audited financial statements, budgets, other
financial and operating data and ratings changes; and
WHEREAS, the Securities and Exchange Commission (the "SEC") has recently focused
attention on what it alleges is widespread failure of local government issuers across the nation
to meet their continuing disclosure obligations and misrepresentation through material
misstatements in an official statement (innocently, inadvertently or otherwise) of past
compliance with continuing disclosure obligations; and
WHEREAS, in an effort to remedy these perceived issues, the SEC has implemented the
Municipalities Continuing Disclosure Cooperation Initiative (the "MCDC"), a limited-time
program ending at 12:00 a.m. on December 1, 2014, that encourages issuers of municipal
bonds, including the Issuer, to self-report possible material misstatements or omissions, made
in the past five (5) years in an official statement regarding compliance with prior continuing
disclosure obligations; and
WHEREAS, by participating in the MCDC, issuers agree to accept certain non-monetary
penalties, in lieu of unknown, and, potentially significant monetary and non-monetary penalties
the SEC has threatened on issuers that do not participate in the MCDC, should the SEC
determine than an issuer has made material misstatements in an official statement regarding
compliance with prior continuing disclosure obligations; and
WHEREAS, by participating in the MCDC, issuers agree to accept the following penalties,
if imposed by the SEC (i) compliance with a cease and desist order in which the issuer neither
admits nor denies the findings of the SEC, (ii) implementation of policies, procedures and
Packet Pg. 191
17.p
Franklin Township
In Somerset County
training regarding continuing disclosure obligations, (iii) compliance with all existing continuing
disclosure undertakings, (iv) cooperation with any further SEC investigation, (v) disclosure of
settlement terms in any final official statement issued within five years of the date of institution
of the proceedings, and (vi) production to the SEC of a compliance certificate regarding the
applicable undertakings on the one year anniversary of the proceedings; and
WHEREAS, the Issuer desires to conduct a disclosure review which will (i) summarize the
results of the Issuer's prior compliance with its secondary market disclosure obligations and (ii)
compare those results to the statements made by the Issuer in its official statements regarding
past compliance (the "Disclosure Review"); and
WHEREAS, the Issuer further desires to retain the services of disclosure specialist to
conduct the Disclosure Review; and
WHEREAS, based on the results of the Disclosure Review, and weighing the known, nonmonetary penalties that may come through the Issuer's participation in the MCDC versus the
unknown, and, by all accounts, potentially significant monetary and non-monetary penalties
the SEC has threatened on issuers that do not self-report, the Issuer further desires to delegate
to the Chief Financial Officer, in consultation with the Issuer's general counsel, bond counsel,
auditor and other finance professionals, the power to prepare and submit all documentation
required to enter the Issuer's Bond issues into the MCDC, as necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE ISSUER, AS
FOLLOWS:
Section 1.
The Issuer hereby authorizes completion of the Disclosure Review.
Section 2.
The Issuer hereby authorizes the Chief Financial Officer to engage the
services of a disclosure specialist to complete the Disclosure Review; provided that the award
of any contract in connection therewith meets the requirements of Issuer’s applicable public
contracting laws.
Section 3.
In the event the Disclosure Review reveals that the Issuer may have made
a material misstatement regarding the Issuer's compliance with prior continuing disclosure
undertakings, the Issuer hereby authorizes and directs the Chief Financial Officer to prepare
and submit all documentation necessary to enter the Issuer's applicable Bond issues into the
MCDC.
Section 4.
Any action taken by the Chief Financial Officer, or any other officer of the
Issuer, with respect to the Disclosure Review, the engagement of a disclosure specialist and
participation in the MCDC is hereby ratified and confirmed.
Packet Pg. 192
17.p
Franklin Township
In Somerset County
Section 5.
This resolution shall take effect immediately.
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 193
17.p
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-519
Resolution of the Township of Franklin, in the County of
Somerset, New Jersey Directing the Undertaking of a
Continuing Disclosure Review and Authorizing
Participation in the "Municipalities Continuing Disclosure
Cooperation" Initiative of the Division of Enforcement of
he U.S. Securities Exchange Commission
As request by our Bond Counsel. See attached letter.
Packet Pg. 194
LFN 2014-9
July 23, 2014
Contact Information
Director's Office
V. 609.292.6613
F. 609.292.9073
Local Government Research
V. 609.292.6110
F. 609.292.9073
Financial Regulation
and Assistance
V. 609.292.4806
F. 609.984.7388
Local Finance Board
V. 609.292.0479
F. 609.633.6243
Secondary Bond Market
Continuing Disclosure Commitments
This Notice is intended to give fair warning to local government officials,
including Certified Municipal Finance Officers and comparable staff of
authorities and other local governments, that there will be consequences
for failing to have identified past noncompliance (where applicable) with
continuing financial disclosure requirements related to outstanding bonds
and other securities and determining by September 10, 2014 whether to
take advantage of a compliance initiative offered by the Securities
Exchange Commission’s (SEC). While this notice is important for all local
governments that have outstanding bonds, bond anticipation notes, and
other securities, it is critically important where local governments
anticipate a need to access financial markets in the near future - as with
the need to “roll over” Bond Anticipation Notes or to issue bonds.
Local Management Services
V. 609.292.7842
F. 609.633.6243
Authority Regulation
V. 609.984.0132
F. 609.984.7388
Mail and Delivery
101 South Broad St.
PO Box 803
Trenton, New Jersey
08625-0803
Web:
www.nj.gov/divisions/dca/dlgs
E-mail: [email protected]
Distribution
Chief Financial Officers
Municipal Clerks
Freeholder Board Clerks
Authority Officials
Auditors
Continuing disclosure requirements are indirectly required pursuant to
federal law. The CFO, or another local official, was generally required in
one or more documents authorizing the issuance of debt (commonly
called “Continuing Disclosure Agreements”) to annually, or more
frequently, publicly disclose certain information. Consequences of failing
to live up to requirements will likely include future difficulty accessing
credit markets. Consequences could include, among other things: (1)
enforcement actions being brought by the SEC that will result in more
severe penalties otherwise available pursuant to “the SEC’s
“Municipalities Continuing Disclosure Cooperation Initiative” (see below
for discussion); (2) denial or deferral of applications made to the Local
Finance Board or Director of the Division for various approvals; (3)
actions against State licensures in the event of fraudulent attestations of
compliance; and/or (4) decreased scores on future “Best Practices
Questionnaires” (which will contain questions as to past compliance) that
could trigger a withholding of a portion of State Aid.
It is important that you read this notice in its entirety and consult your
public finance professionals so you understand your continuing disclosure
obligations and what must be done to achieve compliance.
Attachment: LFN 2014-9 Secondary Bond Market Continuing Disclosure Requirements (14-519 : Directing the Undertaking of a Continuing
17.p.b
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July 23, 2014
Page 2
Local government access to capital is critical for advancing needed local infrastructure projects
and meeting local cash flow needs. As a condition of providing access to capital in the form of
debt, the financial community - at the time of buying debt and while debt remains outstanding expects to be kept abreast of key financial information that could impact the value of securities in
the secondary market. Legally, local governments have an obligation to provide certain
information. They are obligated under federal law to issue certain information at the time of
issuing new debt, and they are frequently contractually obligated to continue providing certain
information while their debt remains outstanding.
Recently, the SEC and the financial community have focused attention on what is alleged to be a
widespread failure of local government issuers across the nation to meet their continuing
disclosure obligations. They maintain that local government issuers of debt frequently fail to
meet their continuing disclosure obligations and misrepresent (sometimes innocently or
inadvertently and other times fraudulently) their past compliance when issuing new debt.
Earlier this year, the SEC adopted a program to encouraged local government issuers to selfidentify past noncompliance and improve timely continuing disclosure in the future. Their
program, known as the “Municipalities Continuing Disclosure Cooperation Initiative” essentially
establishes lesser enforcement actions provided local government issuers (and others) selfidentify past noncompliance and agree to a plan designed to prevent future noncompliance. You
can
read
more
about
this
program
by
visiting:
http://www.sec.gov/divisions/enforce/municipalities-continuing-disclosure-cooperationinitiative.shtml). It is strongly recommended that local government officials proactively take
steps to self-identify their own levels of compliance with Continuing Disclosure Agreements if
they have outstanding debt and consult their public finance officials during this process to,
among other things, determine if it is advisable to participate in the SEC’s program.
The private marketplace is also taking steps to improve disclosure by more closely reviewing
past compliance and, as appropriate, refraining from underwriting or buying new debt unless
compliance has been achieved. It is critically important that local governments anticipating a
need to access financial markets conduct a self-assessment of past continuing disclosure
compliance and correct deficiencies. Failure to do so could bar, or delay, access to capital
markets.
As part of your self-assessment, it is recommended that you first identify your continuing
disclosure contractual obligations with respect to past issuances of debt while it remained (or
remains) outstanding. These obligations generally include filing audits, budgets, and certain
operating data with various depositories.
Continuing Disclosure Agreements generally specify what information must be filed and where it
must be filed. It is critically important that each local government understand the commitments
it has made and live up to them. However, the Division recommends, as a best practice, that local
governments with continuing disclosure requirements file the following information though the
Municipal Securities Rulemaking Board’s Electronic Municipal Marketplace Access (EMMA)
website (www.emma.msbr.org) in addition to any information they had previously agreed to
provide:
Local Finance Notice 2014-9
Packet Pg. 196
17.p.b
a)
b)
c)
d)
e)
July 23, 2014
Page 3
As soon as available: The issuer’s Annual Financial Statement -- or a
variation thereof where an Annual Financial Statement is not statutorily
required; and
As soon as available: The Issuer’s Audited Financial Statements; and
As soon as available: The Issuer’s adopted budgets; and
Within 180 days of the end of the fiscal year: Annual Operating Data,
consisting of:
(i)
Debt Statistics
(ii)
Property Tax Information and tax statistics where the issuer
relies on property tax collections as a major source of
revenue;
Net Assessed Valuation
Real Property Classifications
Ratio of Assessed Valuation to True Value
Percentage of Collection
Delinquent Tax and Tax Title Lien Information
Property Acquired By Tax Title Lien Liquidation
Tax Rates
Tax Levies
Largest Taxpayers
(iii) Other major revenue data and statistics where the issuer
relies on revenues other than property tax collections;
Sewer and water billings;
Parking rents and collections;
Etc.
(iv) Capital Budget
(v)
New Construction Permits
Within 10 business days of the occurrence of any material events consisting
of the following:
(i)
Principal and interest payment delinquencies;
(ii)
Non-payment related defaults, if material;
(iii) Unscheduled draws on debt service reserves reflecting
financial difficulties;
(iv) Unscheduled draws on credit enhancements reflecting
financial difficulties;
(v)
Substitution of credit or liquidity providers, or their failure to
perform;
(vi) Adverse tax opinions, the issuance by the Internal Revenue
Service of proposed or final determinations of taxability,
Notices of
Proposed Issue (IRS Form 5701-TEB) or other
material notices or determinations with respect to the tax
status of the security, or other material events affecting the
tax status of the security;
(vii) Modifications to rights of security holders, if material;
(viii) Bond calls, if material, and tender offers;
(ix) Defeasances;
(x)
Release, substitution, or sale of property securing repayment
of the Securities, if material;
(xi) Rating changes;
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17.p.b
July 23, 2014
Page 4
(xii)
Bankruptcy, insolvency, receivership or similar event of the
obligated person;
(xiii) The consummation of a merger, consolidation, or acquisition
involving an obligated person or the sale of all or
substantially all
of the assets of the obligated person,
other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the
termination of a definitive agreement relating to any such
actions, other than pursuant to its terms, if material; and
(xiv) Appointment of a successor or additional trustee or the
change of name of a trustee, if material.
f)
Any and all additional or other information or documents required by
the specific continuing disclosure obligations of such Issuer, for any
particular series of Securities outstanding.
You should also ensure that past official statements -- or similar documents issued with respect
to new issuances of debt -- have accurately reported your past compliance with continuing
disclosure requirements.
While not required, the Chief Financial Officer is encouraged to seek the assistance of an
experienced professional to assist or undertake such self-assessment.
As a final matter, the Division will be drafting a proposed Local Finance Notice -- or other
appropriate action – to require: (1) CFOs to attest as part of budget submissions to the Division
that appropriate steps are being taken to ensure compliance with continuing disclosure
requirements; and (2) auditors to treat non-compliance with continuing disclosure requirements
as an instance of non-compliance with prevailing laws, statutes, regulations, contracts and
agreements that is required to be reported under Government Auditing Standards.
Approved: Thomas H. Neff, Director
Packet Pg. 198
17.q
Resolution #14-520
10/28/2014
RESOLUTION - FIREWORKS DISPLAYS - AUTHORIZE DISPLAY OF FIREWORKS - THE PALACE AT
SOMERSET PARK (NOVEMBER 2014)
WHEREAS, The Palace at Somerset Park has made application for permission to hold a
fireworks display on the following dates:
Etelzon/DiBianca Wedding
Start Time:
Duration:
End Time:
Saturday, November 1, 2014
Between 8:00 p.m. to 9:40 p.m.
10-12 Minutes
Prior to 10 p.m. as per Township Noise Ordinance
Hakius/Sorrentino Wedding
Start Time:
Duration:
End Time:
Friday, November 14, 2014
10-12 Minutes
WHEREAS, the Uniform Fire Code (NJAC 5:70 et seq.) and the New Jersey Fireworks
Act (NJSA 21:2-1 et. seq.) provides that the Governing Body of the Municipality may, upon
application in writing, grant permission for a public display of fireworks by organizations or
groups of individuals;
WHEREAS, the following conditions have been met:
(1)
(2)
(3)
(4)
(5)
Submission to the Director of Fire Prevention an application pursuant to and meeting
the specifications of the Uniform Fire Code and the New Jersey Fireworks Act;
Approval of the location of the storage place for said fireworks by the Director of Fire
Prevention;
Submission of Certificate of Insurance by The Palace covering the fireworks; and
Submission of Surety as per N.J.S.A. 21:3-5;
Notice given to The Palace at Somerset Park that the Fireworks Display must begin no
earlier than 9:00 p.m. and no later than 9:40 p.m. and end by 10:00 p.m. as per the
Township’s Noise Ordinance
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 Palace at
Somerset Park to hold a fireworks displays on the following dates:
Start Time:
Duration:
End Time:
Saturday, November 1, 2014
10-12 Minutes
Packet Pg. 199
17.q
Franklin Township
In Somerset County
Start Time:
Duration:
End Time:
Friday, November 14, 2014
10-12 Minutes
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 200
17.q
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Bob Vornlocker
Pending
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-520
Authorize Display of Fireworks - The Palace at Somerset
Park (November 2014)
Packet Pg. 201
Thursday, October 16, 2014
Franklin Township Council
475 DeMott Lane
Somerset NJ, 08873-6704
Ref: November Fireworks Displays
To Whom It May Concern:
The Palace at Somerset Park is requesting a resolution for the following
fireworks displays in October.
We would like to sponsor these events in conjunction with the following
events:
Saturday, November 1st, 2014
Friday, November 14th, 2014
The displays will begin between 8:00pm and 9:40pm, and will run for
approximately 10-12 minutes.
Thank you for your consideration.
Marc Hamel
President & General Manager
Attachment: Nov Palace Fireworks (14-520 : Authorize Display of Fireworks - The Palace at Somerset Park (November 2014))
17.q.a
Packet Pg. 202
17.r
Resolution #14-521
10/28/2014
RESOLUTION - GRANTS - AUTHORIZE SUBMISSION & EXECUTION OF GRANT - 2014 DRIVE
SOBER OR GET PULLED OVER YEAR END HOLIDAY CRACKDOWN - $7,500.00 - DECEMBER 5,
2014 TO JANUARY 2, 2015
BE IT AND IT IS HEREBY RESOLVED that the Township Council of the Township of
Franklin, County of Somerset, State of New Jersey does hereby authorize the submission of the
2014 Drive Sober or Get Pulled Over Year End Holiday Crackdown Grant in the amount of
$7,500.00 and does authorize the appropriate Township officials to execute these grant
applications on its behalf.
CERTIFICATION
Ann Marie McCarthy
Township Clerk
Date:
10/28/2014
Account No.:
PO No.:
By: __________________________________________
Packet Pg. 203
17.r
Franklin Township
In Somerset County
Council Chambers
475 DeMott Lane
Somerset, NJ 08873
732.873.2500
Fax: 732.873.1059
Township Council
Township Clerk
[email protected]
MEMORANDUM
To:
Kathleen Moody
Completed
Bob Vornlocker
Pending
10/24/2014 8:18 AM
Township Council
Pending
10/28/2014 7:00 PM
From:
Date:
10/28/2014
RE:
14-521
Authorize Submission & Execution of Grant - 2014 Drive
Sober or Get Pulled Over Year End Holiday Crackdown $7,500.00 - December 5, 2014 to January 2, 2015
From an email to the CFO:
The chief of police has requested me to apply for the above referenced DWI enforcement grant.
This is a standard HTS reimbursement grant like the one we just completed for the Statewide
Labor Day Drive Sober Campaign. If we are approved, the grant will be in the amount of
$7,500 totaling 150 hours of patrol at $50/hour. We will need to fund the patrols and will then
be reimbursed through the grant. The enforcement period will be from December 15 to
January 2 with the final financial claim due by February 2, 2015.
Packet Pg. 204
17.r
Franklin Township
In Somerset County
I have completed the grant application in SAGE, and all that is left prior to submission is your
approval and the mayor’s approval in SAGE. As with the previous grant, would you also please
arrange for the required Council Resolution regarding the grant. We will also need a
resolution/proclamation supporting the “2014 Drive Sober Or Get Pulled Over Year End Holiday
Crackdown”. The grant required press release will be handled by either the County or the
police department.
Packet Pg. 205
19.a
Township Council
475 DeMott Lane
Somerset, NJ 08873
SCHEDULED
Meeting: 10/28/14 07:00 PM
Category: Appointments
Sponsors:
AGENDA ITEM 2014-60
DOC ID: 3264
2014 Boards and Commissions Vacancies
From: [email protected] <mailto:[email protected]>
To: [email protected] <mailto:[email protected]>,
[email protected] <mailto:[email protected]>
Sent: 10/5/2014 3:06:35 P.M. Eastern Daylight Time
Subj: reminder
Hi,
This is a reminder to put on the nomination of James F. Karwoski for ABOH on the agenda for the next
council meeting. He is the Executive Director for Earth House.Thanks
Cynthia
PS the address on his card is 521 Canal Rd, PO Box 2058, East Millstone, NJ 08875
Phone 732-873-2212
HISTORY:
10/14/14
Township Council
TABLED
Next: 10/28/14
Page 1
Packet Pg. 206
19.a.a
2014 Appointments - Open
As of 10/6/2014
Board/Commission Members
Position
Current 2014 Appointee
Term
Expiration
Advisory Board of Health
Student Non-Voting Member
Vacant
1 yr.
12/31/2014
Regular Member
Vacant (Deon Miller unexp. term)
3 yrs
12/31/2014
Regular Member
Vacant (Lydia Trainor unexp. term)
3 yrs
12/31/2014
Advisory Recreation Council
Regular Member
Vacant (B. Patel unezx. Term)
3 yrs
12/31/2015
Regular Member
Vacant
3 yrs
12/31/2016
Teen Public School Member
Vacant
1 yr.
12/31/2014
Teen Public School Member
Vacant
1 yr.
12/31/2014
Teen Private School Member
Vacant
1 yr.
12/31/2014
Teen Private School Member
Vacant
1 yr.
12/31/2014
2 years
12/31/14
Vacant
3 yrs.
12/31/2015
Steering Committee Member
Vacant
3 yrs.
12/31/2015
Cultural Arts Council
Vacant
3 yrs.
12/31/2015
Vacant
3 yrs.
12/31/2015
Vacant
3 yrs.
12/31/2014
Rozalyn Sherman - Hold Over Appt.
3 yrs
12/31/2016
Daniel Glicklich - Hold Over Appt.
3 yrs
12/31/2016
Ranolph Haviland - Hold Over Appt.
3 yrs
12/31/2016
John Salapatas - Hold Over Appt.
3 yrs
12/31/2016
Cable Television Advisory Committee Regular Member
Vacant (Amanda Johnson unexp. term)
Historic Preservation Advisory Comm Alternate #2 (Class C) Member
Vacant (S. Hasan unexp. term)
2 yrs
12/31/2014
Planning Board
Class IV Member
Vacant (Marvin Coble unexp. term)
4 yrs.
12/31/2015
Rent Leveling Board
Citizen Member
Vacant
3 yrs.
12/31/2014
Rent Leveling Board
Citizen Member
Vacant
3 yrs
12/31/2016
Rent Leveling Board
Citizen Member
Vacant
3 yrs
12/31/2015
Rent Leveling Board
Tenant Member
Vacant
3 yrs,
12/31/2015
Rent Leveling Board
Landlord Member
Vacant
3 yrs.
12/31/2016
Rent Leveling Board
Alternate #1 Member
Vacant
1 yr.
12/31/2014
Rent Leveling Board
Alternate #2 Member
Vacant
1 yr.
12/31/2014
Sewerage Authority
Alternate No. 1
Vacant (William J. Howard unexp. term)
5 yrs
01/31/16
Sr. Citizen Advisory Committee
Non-Senior Citizen Member
Vacant
1 yr.
12/31/2014
Sr. Citizen Advisory Committee
Senior Citizen Non-Club Mbr
Vacant
1 yr.
12/31/2014
2014 Appointee
Attachment: 2014 Appt Spreadsheet - Bd-Comm - Open - 140923 (2014-60 : 2014 Boards and
Board/Commission
Packet Pg. 207
19.a.b
Township of Franklin, Somerset County, New Jersey
2014 Citizen Leadership Update Form










Hamilton Street Advisory Board
Agricultural Advisory Committee
Board of Adjustment
Cable Television Advisory Committee
Cultural Arts Committee
Environmental Commission
X Historic Preservation Advisory Commission
Housing Authority
Human Relations Commission
Name:
Address:
, hereby want to serve on the following










Joint Advisory Committee/Kingston
Library Board of Trustees
Open Space Advisory Committee
Planning Board
Redevelopment Agency
Senior Citizen Advisory Committee
Sewerage Authority
Shade Tree Commission
Trails Advisory Committee
Youth Services Commission
Frank S. Aiello
127 Sunnyvale Ct. Somerset, NJ 08873
Primary Phone Number:
609-558-5219
Cell Phone Number:
609-558-5219
Email Address:
[email protected]
Personal Information Not Subject to Public Disclosure
Personal Information is deemed confidential for the purpose of P.L. 1963, c. 73 (C.47:1A-1 et seq.)
and P.L. 2001, c. 404 (C.47:1A-5 et al.).
This form should be completed and submitted to:
Ann Marie McCarthy, Township Clerk
Township of Franklin
475 DeMott Lane, Somerset NJ 08873
732-873-2500 ext 6208
[email protected]
Attachment: Community Service Interest Form - Frank Aiello (2014-60 : 2014 Boards and Commissions Vacancies)
I,
Frank S. Aiello A.I.A.
municipal authorities, boards or commissions:
Packet Pg. 208
19.a.c
Curriculum Vitae
Frank S. Aiello R.A.
1 of 4
Graduate Certificate
Historic Preservation
Drew University
Registered Architect
1984 New Jersey
1987 Pennsylvania
1992 Virginia
1992 Florida
2004 South Carolina
Member:
American Institute of Architects
National Council of Architectural Registration Boards (NCARB)
National Trust for Historic Preservation
Association for Preservation Technology
Metropolitan Museum of Art, NYC
Mr. Aiello has compiled over twenty years of diverse healthcare, commercial, hospitality, institutional
and government experience in the construction and design industry. During this period he has
developed expertise ranging from new construction to retrofitting and rehabilitation of existing
structures for alternative use. His experience covers all facets of design and detailing of masonry,
steel, wood and combination of construction types.
Mr. Aiello is computer literate in AutoCAD, Microsoft Office Suite, PowerPoint, Excel, and Microsoft
Project. His project involvement includes responsibility for assigning tasks and monitoring overall
performance throughout project delivery and enforces his understanding of the importance of
working within clearly defined budgets and scheduled time constraints.
Mr. Aiello has provided construction administration, management/inspection services that include,
scheduling and control of periodic construction meetings, shop drawings review and site inspection
to insure work in place to be in compliance with construction documents. His responsibility also
includes design management within an architectural office and coordination with appropriate
consultants, the preparation and monitoring of construction budget, preparing, and responding to
RFI’s, review and recommendation related to bids for the work, review and monitoring of
construction project schedule, coordinate and chair scheduled project construction meetings, verify
work in place, review and recommendation for schedule of payment, identifying deficiencies in the
work and notifying parties involved, project closeout included generating punch-list and receiving
and cataloging all warranties and product data.
Attachment: Resume - Frank Aiello (2014-60 : 2014 Boards and Commissions Vacancies)
Bachelor Science of Architecture
Florida A & M University
Packet Pg. 209
19.a.c
Curriculum Vitae
2 of 4
EMPLOYMENT
State of Florida Division of Architectural Services
Tallahassee, Florida – 1980-1984
Assistant project manager–Prepare Contract documents and provide construction
administration for various State owned facilities including office buildings, warehouses,
tourist facilities. Responsibilities included:
 Preparation of drawings and specifications
 Prepare bid documents
 Receive and review shop drawing submittal, request for substitution and MSDS’
 Attend progress job meetings
 Respond to RFI’s

Battaglia Seckler Architects – NYC, NY 1984-1988
Project Manager – Various City and Government projects including Brooklyn House of
Detentions facade redesign, Fort Hamilton facility design.









Preparation and distribution of contract documents (drawings and specifications)
Prepare bid documents
Incorporating AIA documents not contract documents.
Define scope of work and review and respond to request for substitutions, RFI’s,
Review of bids, negotiate contract award and recommendation to let contract..
Receive and review shop drawing submittal and MSDS’.
Manage project progress meetings
Monitor construction progress and review work in place in compliance with contract
documents
Prepare and receive project close-out documents
Aiello Associates – Architecture & Construction – 1988 to current
Work Experience as Principal Architect and Consultant that include the following:
Construction Project Manager
Army Corp of Engineers
Americon Inc.
99th Regional Support Command
Fort Wadsworth USARC bldg.. 356
Staten Island, NY
11/28/2011-10/28/2012 (completion)
Design Plans & Construction Administration for Repair /Replacement HVAC and Controls
The following is a representative sample of current projects and previous completed work.
Project involved removal, repair and replacement of all HVAC equipment, controls and
necessary building renovations of Bldg. 356 and 208 at Fort Wadsworth, Staten Island, NY.
Tasks including but not limited to:
Packet Pg. 210
19.a.c
Curriculum Vitae






Design Management
Provide project scope
Preparation of plans and specification for construction
Construction Administration
Coordinate scope of work, scheduling, and budget
Coordinate, prepare, and attend weekly construction progress meetings
Quality Control Coordinator
GSA - Plaza renovation Martin Luther King Federal Courthouse, Newark, NJ
J.M. Waller Associates, Inc. 2/2011 – 11/15/2011 (completion)
Construction Quality Control Manager for plaza redesign MLK Federal Courthouse, Newark,
NJ. This work also involved site monument protection and restoration.







Design Management
Provide project scope
Coordinate scope of work, scheduling, and budget
Coordinate, prepare, and attend weekly construction progress meetings
Prepare list of defects and omissions
Monitor and inspect al corrective work
Enforce OSHA safety requirements
Affinity Federal Credit Union
Exterior façade and interior design
George Street
New Brunswick, NJ
Reconstruction of exterior façade and complete interior renovation of existing space of
approximately 4,000 Square feet.






Programming client requirements
Preparation of construction documents
documents
Hamilton Cardiology Associates – Interior fit-out, Hamilton, NJ – 2009 (completion)
Project Architect for 14,000 square foot interior medical facility tenant fit-out, designed
under the A.I.A. Guidelines for the Design and Construction of Health Care Facilities and
HIPPA requirements. The design included the installation of a Siemens Angiography scanner.
$1,820,000 completed construction cost





3 of 4
documents
Packet Pg. 211
19.a.c
Curriculum Vitae
The Merion Banquet Facility – Cinnaminson, NJ 2009 (completion)
Project Architect for The Merion Banquet Facility completed in 2009 is a 70,000 SF structure
supporting five ballrooms over three levels with cocktail areas and support spaces including
4,000 SF kitchen , a 40 foot diameter glass dome at the upper level, two meeting rooms
along with a the facility corporate offices and conference rooms. The project cost was over
$10,000,000.





documents
Capital Commons retail/office – Lawrenceville, NJ – 2008(completion)
Steel/concrete frame class “A” single story flex space structure with options to developer for
retail and/or office use. Approximately 42,000 square feet completed in 2008 at a cost of
$3,800,000.









Manage project construction progress meetings
Monitor construction progress and review work in place in compliance
Performance Spine and Sports Medicine –2010 ($750,000)
The design of the new 6500 SF in patient care facility for PSSM for the practice of
orthopedics and chiropractic medicine. The design complete GE OEC 9800 Digital Imaging
System






documents
4 of 4
Packet Pg. 212

Franklin Township

Transcription

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