111011 - Regular - Approved

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					11-530
October 11, 2011 – Work Session/Regular Meeting

        The Work Session/Regular Meeting of the Township Council of the Township of
Franklin, County of Somerset, New Jersey, was called to order by Mayor Levine at 7:12 p.m.

       Mayor Levine called the Work Session/Regular Meeting of the Township Council to
order. Mayor Levine stated “In accordance with Section 5 of the Open Public Meeting Act,
Chapter 231, Public Law 1975, be advised that adequate notice of this Work
Session/Regular Meeting of the Township Council of the Township of Franklin, County of
Somerset was made by the posting on the bulletin board at the Municipal Complex and
transmitted to the officially designated newspapers, a list of dates, annually, indicating that
this Work Session/Regular Meeting would take place at the Franklin Township Municipal
Complex at 7:00 p.m. on October 11, 2011. In addition, a copy of this notice is and has been
available to the public and is on file in the Office of the Municipal Clerk.”

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

       The Township Clerk called the roll.

       Present:        Mr. Chase, Ms. Francois, Mr. Kramer, Mayor Levine, Deputy Mayor
                       Prasad, Mr. Regan (arrived at 7:38 p.m.), Ms. Sherman, Mr. Vassanella
                       (arrived at 8:55 p.m.), Mr. Wright (arrived at 7:22 p.m.)

       Absent:         No One.

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

                                 COMMENDATIONS/PROCLAMATIONS

Diwali 2011 Proclamation

       Deputy Mayor Prasad read the following proclamation:

      WHEREAS, Diwali, a festival of great significance to Indian Americans and South Asian
Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
and

       WHEREAS, there are nearly 2,000,000 Hindus in the United States, approximately
1,250,000 of which are of Indian and South Asian origin; and

      WHEREAS, the word “Diwali” is a shortened version of the Sanskrit term “Deepavali”,
which means “a row of lamps”; and

        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.;
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                                                  October 11, 2011 – Work Session/Regular Meeting

       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 26 through November 25 as “Diwali Month” 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.

                                    MAYOR’S REPORT

       Mayor Levine made the following report:

      Welcomed all those attending and TV viewers.

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

      Reminded all that most of the meetings are public and are generally held on the 2nd
       and 4th Tuesdays of the month with the exception of July, August and December.
       The first November meeting is Thursday, November 10th as a result of the General
       Election being held on Tuesday, November 8th.

      Displayed his mug of the day from the Fire Department Open House. He stated he
       attended the Middlebush Fire Safety Fair and the Franklin-Somerset Fire Open
       House.

      Reported on the following recent events: Franklin High School’s first game on their
       turf field; the Sister’s Network’s Annual Walk on Saturday, October 1st; and the
       Eagles Ladies Auxiliary had a fundraiser.

      Reported on the following upcoming events: East Millstone Music & Craft Festival
       on Saturday, October 15th; Kingston Fire & Griggstown Open House; and Library
       Book Sale on Sunday, October 16, 2011.

                                DEPUTY MAYOR’S REPORT

       Deputy Mayor Prasad spoke on Assemblyman Upendra Chivukula’s 10th anniversary
as Assemblyman for the 17th District. He spoke on Operation Blue Angel. He wished everyone
a Happy Divali.

       Mr. Wright arrived at the meeting at 7:22 p.m.

                              GENERAL PUBLIC DISCUSSION

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

       Reverend Tina Newmella, 134 Hickory Road, spoke of the anniversary program for
the10th  anniversary of 9/11. She expressed her wish that more representatives of other
religions be invited, especially from the Muslim community.

        John Walker, Claremont Road, spoke on Franklin Park issues including the proposed
traffic light at Claremont Road and Baylor Avenue and the increased traffic, truck traffic
and speeding on Claremont Road.

       Joel Reiss, Stone Manor Drive, suggested the Interfaith Council be contacted when
planning another anniversary program regarding 9/11.

      Ms. Francois moved to close the public discussion portion of the meeting. The
motion was seconded by Ms. Sherman and carried unanimously upon voice vote.
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October 11, 2011 – Work Session/Regular Meeting

                                COUNCIL COMMENTS/REPORTS

       Mr. Regan arrived at 7:38 p.m.

       Mr. Kramer agreed there was a missed opportunity of not having the Muslim
community involved in the 9/11 ceremony. He reported Council is working on the
proposed traffic light at Claremont Road and Baylor Avenue. He spoke on the meeting with
the County, noting it is time to do this project and it needs to be done. He spoke of the two
fire open houses held over the weekend – Somerset Volunteer Fire Company and the
Elizabeth Avenue Fire Company. He spoke of the interest from three (3) volunteers in
serving on the Advisory Board of Health. He announced the Canal Fest in East Millstone on
October 15th.

       Mr. Wright echoed Mr. Kramer’s comments.

       Ms. Francois spoke on the meeting regarding the traffic light and will look at points
taken at the meeting. She spoke of the NAACP luncheon she attended with Mr. Regan. She
announced the Grand Opening of Parkside to be held on October 14th from 12 p.m. to 2 p.m.

         Mr. Chase reported on the September 28th Public Works Committee meeting. He
reported the consulting engineer is working on a study regarding the water lines on Routes
27 and 518 to Little Rocky Hill to Township system. The report should be completed by the
end of the month. He spoke on the decrease in hours and employees at the convenience
center. He reported the clean-up is on-going after Hurricanes Irene and Lee. He reminded
all of the Clean Up sponsored by the Environmental Commission at the Ten Mile stream on
October 15th at 9 a.m.

       Ms. Sherman spoke on complaints from the public regarding how they cannot hear
when Council members are speaking and recommended they talk more into the
microphones. She expressed her concerns for safety at the intersection of Claremont Road
and Baylor Avenue. She congratulated the Township Manager for his work on the shared
services agreement with Montgomery for Purchasing Services.

       Deputy Mayor Prasad reported the Land Use Committee has been working on the
open space survey and the report should be completed next month. He reported the
Administration Committee has been working with the Township Manager and Clerk on
their goals and objectives.

      Mr. Regan spoke on meeting with the Sewerage Authority and the Township
Manager. He reported he attended the Fire Chief’s Association meeting as their liaison. He
spoke of the fire company open houses he attended over the weekend. He announced it is
National Coming Out Month and reminded all to be respectful of each other.

      Mayor Levine spoke of the Friday meeting regarding the Claremont Road traffic light
and noted the proper balance needs to be found.

                                           DISCUSSION ITEMS

Negri-Nepote Grassland Preserve/Canada Thistle

       Mr. Vassanella arrived at 8:55 p.m. during this discussion.

      Deputy Mayor Prasad Kramer moved to open the meeting for public discussion on
the Negri-Nepote Grassland Preserve/Canada Thistle matter. Said motion was seconded by
Mr. Regan and carried unanimously upon voice vote.

       Timothy Regan, 246 Roycefield Road, Hillsborough, spoke of his opposition of the
use of herbicides at the Preserve. He stated there are other options that can be considered
and herbicides should be a last resort.
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                                                  October 11, 2011 – Work Session/Regular Meeting

       Linda Powell, 145 Picadilly Place, referred to research done by Councilman Chase.
She opposed the use of chemicals, noting there is not enough known regarding what effects
there can be from the herbicides are they are not necessary. She stated they need to get
New Jersey back as the Garden State.

       Bernadette Marcelli, 4 Norris Road, ask that they err on the side of caution since
they do not know the long term effects.

       William J. Simmons, 23 Fisher Drive, expressed concerns with the use of chemicals
and asked what the rush was and stated there are alternatives. He spoke of what happens
with the chemicals when it rains and the contaminated water goes into the water system
and wells. He asked the Council to stop rushing and take a look closer at the alternatives.

      Ellen Thompson, 67 deLeon Circle, spoke of her love of nature and asked Council to
make a reasonable decision to retain the viability of the Preserve.

       Evan Suckewer, 67 deLeon Circle, spoke of the manner in which the thistle crowds
out the native species and the use of the herbicide spray, when done minimally, will work.
He stated that fear has been overblown.

       Dan Ferella, North Brunswick, opposed the use of herbicides and what they do to
nature.

       Josephine Gimo, Highland Park, a bee keeper, spoke of the harm herbicides do to
bees. She expressed her concerns and how the effects can run off into the water system.
She asked Council to put the short term benefits before the long term.

       Liz Nelson, 408 Skillman’s Lane, spoke on the harmful effects of herbicides to be
used on open space land. She spoke of the harmful effects it has on bees and forage. She
asked Council to look at the other alternatives. She brought in a thistle plant and noted it
was blanched. She stated chemicals were left near her property.

        Ryck Suydam, 1803 Route 27, spoke on how when an herbicide is applied correctly
it can be safe. He stated the herbicide will be applied by a licensed pesticide applicator.

       Manijeh Saba, 146 Emerson Road, expressed her concerns regarding the use of
pesticides. She spoke of how she has gotten skin and hair problems since the herbicides
were used near her. She stated the use of herbicides is not only a Franklin issue and they
need to protect the children. She asked Council not to take action until all answers have
been found.

      Deputy Mayor Prasad moved to close the public discussion portion of the meeting.
The motion was seconded by Mr. Regan and carried unanimously upon voice vote.

       John Loos, Open Space Consultant, spoke of Franklin’s diverse habitats and
meadows. He spoke of how the meadows have been created and maintained. He stated
that there is a need to control the Canada thistle and noted it will take over the meadow
and surrounding farms if it is not controlled. He outlined all the alternatives the Township
has already tried, including mulching and mulching with cardboard – they haven’t worked.
He stated the herbicides they are going to use are regulated by the federal government and
when applied as directed by a licensed applicator is safe. He stated it needs to be done
before the first frost.

       Mr. Regan thanked Mr. Loos for his report and explained he knows Mr. Loos would
not want to harm the open space program. He stated Mr. Loos wants to ensure the
continuation of a good program and will make a best decision. Mr. Regan asked if there are
organic ways to handle the thistle, such as vinegar.

        Mr. Loos replied there is a vinegar solution that is intense and toxic. He stated that
it is usually used for spot treatment. He stated they tried all traditional methods of organic
farming and they didn’t work.
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October 11, 2011 – Work Session/Regular Meeting

       Mayor Levine clarified that when herbicides are applied properly by a licensed
pesticide applicator it can be safe. He further clarified the consequences of not spraying is
that the entire meadow and surrounding farms will be taken over by the thistle. Deputy
Mayor Prasad clarified that the herbicides will not harm the grasses.

       Ms. Sherman spoke of how Bernards is pesticide free and asked how they manage.

        Mr. Loos reminded all that the Township can be fined or sued if they do not control
the thistle.

        Victor Stevens, DPW Manager, explained that Bernards is pesticide free on their
athletic fields. He spoke on what the Township uses on its fields and open spaces.

       Mr. Loos spoke on all the methods that they have previously used and have not
work, including vinegar; hand removal; mowing; and mulch.

       Mr. Chase spoke on the research he conducted on the Canada thistle and the
herbicides the Township would use to get rid of it. He stated the thistle is a persistent and
broad leaf plant which the herbicides work on and not work on the grasses.

       Mr. Kramer thanked Mr. Loos and Mr. Chase for their reports and information. He
stated he has spoken to the farmers, the bee keepers, read all the materials and various
residents on this matter. He has received materials and a sample resolution for being a
chemical free municipality. He stated Council has to rely on its experts and they are at the
end of the line. He stated the use of herbicides is appropriate at this time. He provided a
sample ordinance he requested by reviewed by the Agricultural Advisory Committee, Trails
Advisory Committee, the Open Space Advisory Committee and the Land Use Committee.

       Mr. Wright thanked Mr. Chase for all the information he provided. He stated they
need to move ahead with this process now and next year hopefully they will not get to this
point. He stated that if they do not act on this they risk the Township being fined or sued.

       Ms. Sherman expressed her concern the Township may have overlooked and
suggested the creation of a committee with a member of the related committees and other
citizens. She suggested they look at all the alternatives and get every answer to every
question.

       Mr. Regan stated the Township has done its homework and the committees and
structure needed are in place. He stated there are clearly two views and each side should
respect one another.

       Motion – Direct Township Manager to proceed with Open Space Consultant to move
                forward with the herbicide application.

      Mr. Regan moved to direct the Township Manager to work with the Open Space
Consultant and move forward with the herbicide application. Said motion was seconded by
Mr. Chase.

       Ms. Sherman stated she doesn’t have a problem with a one-time spray application
with the idea of continuing the analysis so they can ease the concerns of the public.

        Deputy Mayor Prasad added Council has a fiduciary responsibility and they cannot
expose the Township to the potential liability exposure if they do not take action. He stated
that it is a one-time spray application and they and research and continue analysis for the
future.

       Motion – Amend Motion

       Ms. Sherman made a motion to amend the motion that it is a one-time spray and to
continue to look at all other alternatives so that all questions are answered satisfactorily.
Said motion carried as follows upon call of the roll:
                                                                                            11-535
                                                    October 11, 2011 – Work Session/Regular Meeting

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

         The original motion carried as follows upon call of the roll:

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

Appeal of BOA Decision – The Church in Franklin (Process and Set Public Hearing Date)

       The Township Council discussed the following procedure to be taken on the
aforesaid matter:

                             APPEALS TO THE GOVERNING BODY
                                    N.J.S.A. 40:55D-17

Appeals to the governing body (Council) are made pursuant to N.J.S.A, 40:55D-17.

l.       Appeals are permitted by local ordinance from the grant of use variances only.

2.       Appeals must be made within ten days after publication in a local newspaper of the
         Zoning Board Decision.

3.       The appeal shall be decided by the Council only on the record and there will be no
         additional testimony, only oral or written argument.

4.       Notice of the Council Hearing date shall be given by the Clerk by personal service or
         certified mail to the appellant(s) or his attorney and to any person who formally
         requested notice of the hearing, at least ten days before the hearing.

5.       The parties may submit oral and written argument. I suggest that the appellant
         submit any written argument 30 days in advance of the hearing and that the
         applicant respond no later than 14 days before the hearing

6.       The Council shall provide for a verbatim recording and transcripts of the hearing on
         appeal.

7.       The appellant, within five days of service of the appeal, shall arrange for a transcript
         and pay a deposit of $50.00 or estimated cost of the transcript or;

         Within 35 days of the service of Notice of Appeal, submit a transcript as arranged by
         the municipality. If this is not done, the appeal may be dismissed.

8.       The Council shall conclude a review of the record not later than 95 days from date of
         publication of the Notice of Decision unless an extension is given.

9        The Council may reverse, remand for further evidentiary hearing or affirm the
         Zoning Board decision.

10.      A majority of five (5) council members shall be necessary to reverse or remand.

11.      Council shall mail a copy of the decision to appellant not later than 10 days after the
         date of decision and a brief summary of the decision shall be published.

       Council discussed when to hold the hearing on this matter. It was the consensus of
Council to schedule the special meeting on Tuesday, November 29, 2011 at 7 p.m. A DVD
copy of each meeting was requested from the Township Clerk for each Council member.
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October 11, 2011 – Work Session/Regular Meeting

Candidates Debates

       Mr. Kramer announced there will be a Candidates’ Debate on October 24th at 7 p.m.
in Council Chambers. They will be live and played repeatedly prior to the election.

Open Public Meetings Act

      Mr. Rainone reviewed the following policy on use of electronic communication in
compliance with the Open Public Meetings Act and he recommended it be adopted by the
Township Council at their next meeting:

       “New Jersey’s Open Public Meetings Act (“OPMA”), N.J.S.A. 10:4-7, guarantees the
public the right to be present at all meetings of public bodies and witness all phases of
deliberation, policy formulation and decision making, subject to narrow exceptions. The
OPMA was enacted long before the advent of digital communication, such as electronic mail
and text messaging. By permitting communication in real time, these new technologies
have blurred the line that previously existed between in-person meetings, governed by the
OPMA, and written correspondence (i.e. mailing a letter), which is not subject to the
OPMA.1

       Recently, the County Prosecutors for Cape May County, Burlington County, and
Gloucester County, issued separate guidance to various municipalities, opining that certain
e-mail communications had violated the OPMA. On June 9, 2011, the Cape May County
Prosecutor determined that a “straw poll” conducted by the deputy mayor of Lower
Township via e-mail, violated the OPMA. Specifically, the deputy mayor e-mailed the
township clerk regarding the wording for a legal advertisement. The deputy mayor
requested that the email be forwarded to the other council members, and their replies
forwarded to him. On August 5, 2011, the Burlington County Prosecutor issued a written
opinion finding that the Township of Evesham violated the OPMA, when the members of
the governing body exchanged a series of e-mails regarding amendment of an ordinance
regulating helicopter landing pads prior to an advertised public meeting on the issue. Most
recently, on September 13, 2011, the Gloucester County Prosecutor issued a written
opinion that the Borough of Pitman’s governing body had violated the OPMA in March of
2010, when a quorum of the governing body engaged in an e-mail discussion regarding
whether or not to pay an invoice submitted to the Borough.

       In light of the above opinions, it would be prudent for public bodies to adopt a policy
on the use of electronic mail and text messaging to ensure the OPMA is not unwittingly
violated. Based upon the recommendations of the Gloucester County Prosecutor, we
recommend that the following practices be followed:

1. Officials should avoid addressing e-mails2 discussing public business to a quorum of the
   public body. Where the sender is a member of the public body, the sender should be
   included in the calculation of quorum. If such an e-mail is sent, it should specifically
   indicate that that there should be no reply or other communication contrary to the
   requirements of the OPMA.

2. In rare instances, where a response to an email may be necessary (e.g. to schedule a
   special meeting), the response must not include any decision making or deliberative
   function of the governing body, or otherwise address public business as contemplated
   by the OPMA. In no event should the “reply-all” function be utilized in response to such
   an e-mail. The County prosecutors have opined that use of a third-party, such as
   addressing all responses to the municipal clerk or board secretary, may still constitute a
   violation of the OPMA. Therefore, such a practice should not be considered acceptable.

3. To ensure compliance with the first two policies, the following notice should be
   included on all e-mail correspondence addressed to a quorum of the public body:

1
 Instead being governed by the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1.1 et seq.
2
 The advice herein relating to e-mail communications applies equally to text messages or other similar forms of
electronic communication.
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                                                 October 11, 2011 – Work Session/Regular Meeting

   This correspondence has been addressed to a quorum of the public body. To avoid a
   possible violation of the Open Public Meetings Act, please do not reply to this message.
   In the event that a response is necessary, please do not include any discussion of public
   business, and be sure to direct the reply solely to the sender.

4. “Rolling” email conversations must be avoided. This term refers to an e-mail exchange
   in which one individual successively contacts individual members to gauge their
   opinions regarding official business in an attempt to develop a consensus (e.g. a “straw
   poll”).

5. E-mail communication between less than a quorum of the public body does not violate
   the OPMA. However, if the e-mail is then forwarded to another member body, so as to
   then constitute a quorum, the OPMA may be violated (e.g. on a body with 7 members
   having a quorum of 4 members, an email exchange between 3 members is then
   forwarded to a 4th for that member’s input).

6. Aside from the issue of compliance with the OPMA, e-mails regarding public business
   are government records, potentially subject to disclosure under OPRA. Therefore, all e-
   mail communications regarding public business should be copied to the public body’s
   custodian of records (or to a separate e-mail account established by the custodian of
   records for this purpose). This will ensure that copies of all relevant e-mail
   correspondence are maintained in accordance with the State’s records retention laws,
   and available in the event of a request for access.”

                                APPROVAL OF MINUTES

       Mayor Levine presented the following minutes for approval: August 9, 2011 Work
Session/Regular Meeting; September 13, 2011 Work Session/Regular Meeting and September
27, 2011 Work Session/Regular Meeting & 2 Executive Sessions.

       Mr. Vassanella asked that the second Executive Session for September 27th be tabled
for amendments.

      Upon motion by Deputy Mayor Prasad, seconded by Mr. Vassanella, the minutes of
August 9, 2011 Work Session/Regular Meeting; September 13, 2011 Work Session/Regular
Meeting and September 27, 2011 Work Session/Regular Meeting & the first Executive Session
were approved as follows upon call of the roll:

   AYES            AYES           AYES          NAYS            ABSTAIN            ABSENT
   Chase         Francois        Kramer                       Francois (8/9)
   Levine         Prasad         Regan                     Levine (8/9 & 9/27)
  Sherman       Vassanella       Wright                      Vassanella (8/9)

                               APPROVAL OF WARRANTS

      Mayor Levine presented the following warrants in the amount of $7,725,816.04 for
October 11, 2011 to the Township Council for payment:

        1            Current                                      6,609,388.31
        2            Grant                                           13,027.80
        3            Tax Title Lien
        4            General Capital                                771,847.27
        5            Water                                          771,847.27
        6            Water Capital
        7            Water Assessment
        11           Recreation Trust                                    472.08
        12           Trust Others                                     23,444.55
        13           Unemployment
        15           Redevelopment                                     2,280.00
        17           Animal Control
        19           Self Insurance
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October 11, 2011 – Work Session/Regular Meeting

             20         Affordable Housing                           196,304.92
             30         Payroll
             39         Worker’s Comp
             40         Open Space                                     14,453.74
             42         Redevelopment Escrow                            3,264.59
             50         County Imp Auth Fund                           91,332.78
                        Subtotal                                    7,725,816.04
                        Escrow
                        Grand Total                                 7,725,816.04

       Deputy Mayor Prasad moved that warrants in the amount of $7,725,816.04 for
October 11, 2011 to be paid. Said motion was seconded by Ms. Sherman and carried as
follows upon call of the roll:

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

             TY2011 CURRENT, CAPITAL, OPEN SPACE AND WATER UTILITY BUDGET

Resolution #11-416 – Authorize to Read Budget by Title Only

         Mayor Levine presented the following resolution to Council for adoption:

         BE IT RESOLVED, by the Township Council of the Township of Franklin, County of
Somerset that it hereby determines that the TY2011 Municipal Budget shall be read by its
title, as per NJSA 40A:4-8 and it is declared that all required conditions have been met.

       The aforesaid resolution was moved by Mr. Regan, seconded by Ms. Sherman and
carried as follows:

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

Public Hearing on TY2011 Municipal Budget, As Advertised

       Deputy moved to open the public hearing on the TY2011 Municipal Budget, as
advertised. Said motion was seconded by Deputy Mayor Prasad and carried unanimously
upon voice vote.

      Mayor Levine announced the meeting is open for the public hearing on the TY2011
Municipal Budget, as advertised. Anyone interested in speaking to please raise their hand
and when recognized, state their name and address.

      There being no comments from the public, Mr. Regan moved to close the public
hearing on the TY2011 Municipal Budget, as advertised. The motion was seconded by
Deputy Mayor Prasad and carried unanimously upon voice vote.

Resolution #11-417 – Amend TY2011 Current, Capital, Open Space & Water Utility
                     Budget

         Mayor Levine presented the following resolution to Council for adoption:

         WHEREAS, the local municipal budget for the transition year 2011 was approved on
the   13thday of September, 2011, and

         WHEREAS, the public hearing on said budget has been held as advertised, and
                                                                                                     11-539
                                                             October 11, 2011 – Work Session/Regular Meeting

        WHEREAS, it is desired to amend said approved budget,

       NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the
Township of Franklin, County of Somerset, New Jersey, that the following amendments to
the approved budget for the transition year 2011 be made:

                                         Ayes                                 Nays                Abstained
                      (Chase                                         (                       (
                      (Francois                                      (                       (
                      (Kramer
                      (Levine
Recorded Vote:        (Prasad                                                                Absent:
                      (Regan                                                                 (
                      (Sherman                                                               (
                      (Vassanella
                      (Wright

                                                                             From:                   To:

Current Fund - Anticipated Revenues:
General Revenues
1. Surplus Anticipated                                                         702,351.00           887,649.00

   Total Surplus Anticipated                                                  $702,351.00          $887,649.00

3. Miscellaneous Revenues:
   Section B. State Aid Without Offsetting Appropriations:
      Consolidated Municipal Property Tax Relief Aid                            506,169.00           416,817.00
      Energy Receipts Tax                                                     4,079,009.00         3,983,063.00
          Total Miscellaneous Revenues – Section B                            4,655,397.00         4,470,099.00

          Total Miscellaneous Revenues                                       $7,845,789.44        $7,660,491.44

5. Subtotal General Revenues                                                $26,600,621.44       $26,600,621.44

        BE IT RESOLVED that two (2) ce3rtified copies of this resolution be filed forthwith
in the Office of the Director of the Division of Local Government Services for certification of
the transition year 2011 local municipal budget so amended.

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

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

Resolution #11-418 – Adopt TY2011 Current, Capital, Open Space & Water Utility
                     Budget

        Mayor Levine presented the following resolution to Council for adoption:

       BE IT RESOLVED by the Mayor and Township Council of the Township of Franklin,
County of Somerset, NJ, that the budget hereinbefore set forth is hereby adopted and shall
constitute an appropriation for the purposes stated of the sums therein set forth as
appropriations, and authorization of the amount of:

                 (a) $17,082,481.00. (Item 2 below) for municipal purposes

                                          Ayes                       Nays                    Abstained
Recorded Vote                             (Chase                     (                       (
(Insert last names)                       (Francois                  (                       (
                                          (Glicklich                 (
                                          (Kramer                    (                       Absent
                                          (Levine                                            (
                                          (Prasad                                            (
11-540
October 11, 2011 – Work Session/Regular Meeting

                                       (Sherman                                 (
                                       (Vassanella
                                       (Wright

SUMMARY OF REVENUES
  1. General Revenues
     Surplus Anticipated                                                    $         887,649.00
     Miscellaneous Revenues Anticipated                                             7,660,491.44
     Receipts from Delinquent Taxes                                                   970,000.00
  2. Amount to be Raised by Taxation for Municipal Purposes
        (Item 6[a], Sheet 11)                                                $17,082,481.00

    Total Revenues                                                         $ 26,600,621.44

SUMMARY OF APPROPRIATIONS
  5. General Appropriations:
      Within “CAPS”
      (a&b) Operations Including Contingent                                  $18,209,229.99
      (e) Deferred Charges and Statutory Expenditures – Municipal
      Excluded from “CAPS”
     (a) Operations – Total Operations Excluded from “CAPS”                         2,944,292.44
      (c) Capital Improvements                                                        250,000.00
      (d) Municipal Debt Service                                                      994,100.00
      (e) Deferred Charges – Municipal                                                500,000.00
     (m) Reserve for Uncollected Taxes                                              2,400,000.00

    Total Appropriations                                                            $26,6,621.44

It is hereby certified that the within budget is a true copy of the budget finally adopted by
resolution of the Governing Body on the 11th day of October 2011. It is further certified
that each item of revenue and appropriation is set forth in the same amount and by the
same title as appeared in the SFY 2011 approved budget and all amendments thereto, if
any, which have been previously approved by the Director of Local Government Services.

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

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

        PUBLIC HEARING AND ADOPTION OF ORDINANCES ON SECOND READING

Ordinance No. 3947-11

       Mayor Levine presented the following ordinance:

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWNSHIP OF FRANKLIN,
SOMESET COUNTY, STATE OF NEW JERSEY, WITH THE ADDITION OF A NEW
CHAPTER, CHAPTER 185, FILMING.

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

      Deputy Mayor Prasad moved to open the public hearing on the ordinance. Said
motion was seconded by Mr. Chase and carried unanimously upon call of the roll.
                                                                                       11-541
                                               October 11, 2011 – Work Session/Regular Meeting

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

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

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

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

Ordinance No. 3950-11

      Mayor Levine presented the following ordinance:

AN ORDINANCE TO AMEND THE CODE OF THE TOWNSHIP OF FRANKLIN, COUNTY OF
SOMERSET AND STATE OF NEW JERSEY, MORE PARTICULARLY CHAPTER 226 -
VEHICLES AND TRAFFIC, ESTABLISHING NEW SECTION 226-34 – MID-BLOCK
CROSSWALKS.

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

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

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

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

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

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

                 ORDINANCE ON INTRODUCTION AND FIRST READING

Ordinance No. 3952-11

      Mayor Levine presented the following ordinance:

BOND ORDINANCE PROVIDING FOR VARIOUS WATER SYSTEM IMPROVEMENTS FOR
THE WATER UTILITY OF THE TOWNSHIP OF FRANKLIN, IN THE COUNTY OF SOMERSET,
STATE OF NEW JERSEY (THE "TOWNSHIP"); APPROPRIATING $840,000 THEREFOR
AND AUTHORIZING THE ISSUANCE OF $840,000 BONDS OR NOTES OF THE WATER
UTILITY OF THE TOWNSHIP TO FINANCE THE COSTS THEREOF.
11-542
October 11, 2011 – Work Session/Regular Meeting

       Deputy Mayor Prasad moved the foregoing ordinance for adoption on first reading,
posting, publication in accordance with law and public hearing and final adoption on
October 25, 2011 at 7:00 p.m. at the Municipal Complex. Said motion was seconded by Mr.
Vassanella and carried as follows upon call of the roll:

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

Ordinance No. 3953-11

       Mayor Levine presented the following ordinance:

AN ORDINANCE OF THE TOWNSHIP OF FRANKLIN, COUNTY OF SOMERSET AND STATE
OF NEW JERSEY, AUTHORIZING ACCEPTANCE OF WATERLINE EASEMENTS IN
CONNECTION WITH SUMMERFIELDS AT FRANKLIN, LLC – DOCKET #PLN-09-00029 –
BLOCK 516.02; LOTS 11, 12, 16, 17 AND 30.

       Deputy Mayor Prasad moved the foregoing ordinance for adoption on first reading,
posting, publication in accordance with law and public hearing and final adoption on
October 25, 2011 at 7:00 p.m. at the Municipal Complex. Said motion was seconded by Ms.
Francois and carried as follows upon call of the roll:

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

                                        CONSENT AGENDA

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

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

Resolution #11-420         Authorize Refund of Tax Overpayments.

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

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

       NOW, THEREFORE, BE IT RESOLVED that the Township Treasurer of the
Township of Franklin, Somerset County, be instructed to draw checks in the amounts
covering the overpayments and to deliver said checks to the proper persons.

 BLOCK/LOT        NAME/ADDRESS                                     QTR/YR       AMOUNT

 9/45 QFarm       Giampaolo Di Florio                              4/11           175.00
                  90 Old Georgetown Road                      Municipal lien
                  Princeton, NJ 08540                         must redeem in
                                                                    full
                                                                                    11-543
                                            October 11, 2011 – Work Session/Regular Meeting



37.01/3.02    Lasser Hochman, LLC                              4/09             39,008.04
              Whitehall Gardens, LLC                            4/10            39,448.50
              75 Eisenhower Parkway                          Tax Appeal
              Roseland, NJ 07068


88.02/4.01    Blau & Blau                                      4/09             29,015.10
              ST105 Franklin NJ, LLC                            4/10            19,824.06
              223 Mountain Ave                               Tax Appeal
              Springfield, NJ 07081


88.02/67.01   Wolff & Samson PC                                 4/10            31,073.91
              Torsiello Associates, LLC                      Tax Appeal
              One Boland Drive
              West Orange, NJ 07052


154/8         Freundlich & Reisen, LLP                          4/10              4,479.67
              752 Hamilton Co., LLC                          Tax Appeal
              374 Millburn Avenue, Suite 303E
              Millburn, NJ 07041


373/23        Ocwen Loan Servicing, LLC                        3/11               2,597.04
              Tax/Escrow Department                         Mortgage Co.
              PO Box 24665                                   overpaid
              West Palm Beach, FL 33416-4665


502.02/39.0   Epstein, Brown & Gioia, LLC                       4/10            52,156.00
2             Franklin Square Realty, LLC                    Tax Appeal
              PO Box 901
              Chatham Township, NJ 07928


513.27/15     Michael I. Schneck, Esq.                          4/09                319.40
              Kruger, Bernard & Gertraud                     Tax Appeal
              301 south Livingston Avenue
              Livingston, NJ 07039


513.27/16     Michael I. Schneck, Esq.                          4/09                287.83
              Kruger, Bernard & Gertraud                     Tax Appeal
              301 south Livingston Avenue
              Livingston, NJ 07039

                                                               4/10
521.02/5.06   Collector of Revenue                         Move credit to       15,165.36
                                                             next year


530.04/2.03   Epstein, Brown & Gioia, LLC                       4/10            28,084.00
              Saronno Realty, LLC                             Tax Appeal
              PO Box 901
              Chatham Township, NJ 07928
11-544
October 11, 2011 – Work Session/Regular Meeting



 386.17/197       Eric S. Wasser                                          3/10                1,294.51
                  Attorney at Law                                     Attorney and
                  PO Box 8137                                         Mort Co. paid
                  Somerville, NJ 08876


Resolution #11-421         Authorize Refund 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

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

DATE REC’D BY ENGINEERING:            September 22, 2010
APPLICANT:                            Canal Walk Association (Plaza)
ADDRESS:                              812 Central Avenue, Westfield, NJ 07090
DOCKET NO.                            PLN-10-00014
BLOCK/LOT:                            513.45/1; 513/46/1
LOCATION:                             Bayard Street
TYPE:                                 Plan Review
AMOUNT DEPOSITED:                     $802.50 (Attny)           $5,197.50 (Twp)
AMOUNT CHARGED:                        802.50                    5,125.05
AMOUNT TO BE REFUNDED:                $   0.00                  $   45.45


DATE REC’D BY ENGINEERING:            August 1, 2002
APPLICANT:                            First United Church of Jesus Christ
ADDRESS:                              12 Azalea Plaza
DOCKET NO.                            ZBA2002-0436
BLOCK/LOT:                            87.06/10.01
LOCATION:                             1510 Hamilton Street
TYPE:                                 Plan Review
AMOUNT DEPOSITED:                     $250.00 (E. Ritchie)      $1,341.00 (CME)   $1,159.00 (Twp)
AMOUNT CHARGED:                        250.00                    1,341.00             0.00
AMOUNT TO BE REFUNDED:                $   0.00                  $   0.00          $1,159.00


Resolution #11-422         Authorize Stipulation of Settlement – Tax Appeal – Mack Family,
                           LLC – Block 154, Lot 15 – 700 Hamilton Street – Years 2009-2011.

      WHEREAS, Mack Family, LLC is the owner of certain property located at 700
Hamilton Street, which is identified as Block 154, Lot 15 on the tax maps of Franklin
Township; and

      WHEREAS, Mack Family, LLC filed an appeal to the Tax Court of New Jersey for said
premises for the 2009-2011 tax years; and

       WHEREAS, the parties have engaged in settlement negotiations;

      WHEREAS, it is hereby stipulated and agreed that the assessment for the aforesaid
property be adjusted and a judgment be entered as follows:

2009                    Original Assessment         County Bd. Judgment      Tax Court Judgment
Land:                         $ 828,000.00                 N/A                    $ 828,000.00
Improvements:                 $1,904,000.00                N/A                    $1,904,000.00
Total:                        $2,732,000.00                N/A                    $2,732,000.00
                                                                                          11-545
                                                  October 11, 2011 – Work Session/Regular Meeting

2010                  Original Assessment     County Bd. Judgment        Tax Court Judgment
Land:                       $ 828,000.00             N/A                      $ 828,000.00
Improvements:               $1,904,000.00            N/A                      $1,672,000.00
Total:                      $2,732,000.00            N/A                      $2,500,000.00

2011                  Original Assessment     County Bd. Judgment        Tax Court Judgment
Land:                       $ 828,000.00             N/A                      $ 828,000.00
Improvements:               $1,904,000.00            N/A                      $1,372,000.00
Total:                      $2,732,000.00            N/A                      $2,200,000.00

       WHEREAS, the parties further agree that the Plaintiff will file a tax appeal for year
2012 which will be established as the Freeze Act Year or base year and the parties will
affirm the $1,800,000.00 assessment for the 2012 tax year so that the provisions of NJSA
54:51A-8 (Freeze Act) shall be applicable to and a final disposition of this case and the
entire controversy and of any actions pending or hereafter instituted by the parties
concerning the assessment on the property referred to herein for said Freeze Act year shall
be the basis for application of the Freeze Act for any subsequent year; an

       WHEREAS, both parties have made such examination of the value and proper
assessment of the property and have obtained such appraisals, analysis and information
with respect to the valuation and assessment of the property as they deem necessary and
appropriate for the purpose of enabling them to enter into said stipulation; and

      WHEREAS, the Township Tax Assessor has been consulted by the Township
Attorney with respect to said settlement and has concurred; and

       WHEREAS, based on the foregoing, the undersigned represent to the Court that the
above settlement will result in an assessment at the fair assessable value of the property
consistent with assessing practices generally applicable in the taxing district as required by
law; and

      WHEREAS, statutory interest pursuant to N.J.S.A. 54:3-27.2 is waived by the
taxpayer and shall not be paid on the condition the refund is received pursuant to the
above paragraph hereof within 60 days from the date of the entry of the Judgment; and

       NOW, THEREFORE, BE IT RESOLVED this 11th day of October 2011 by the
Township Council of the Township of Franklin, County of Somerset, State of New Jersey,
that the settlement in this matter as set forth herein above be and the same approved, and
the Township Attorney is hereby authorized and directed to affect said settlement.

Resolution #11-423       Authorize Local Match of $16,667.00 from the Open Space Trust
                         Fund in connection with the 2009 New Jersey Historic Trust Grant
                         for the Stoothoff-Gunther House.

       WHEREAS, the Stoothoff-Gunther House is the focus of three (3) separate grants
awarded to the Township of Franklin to be used for the stabilization and restoration of the
building; and

       WHEREAS, the goal of the project is to develop a comprehensive programmatic use
and preservation plan for the Stoothoff-Gunther Farmstead and the objective of the plan is
to determine what program uses are desired by the community, are viable and feasible, can
be sustained economically; and

       WHEREAS, the Township of Franklin received a $50,000.00 grant from the New
Jersey Historic Trust for the Stoothoff-Gunther Property in April/May 2010; and

       WHEREAS, said grant requires a local match in the amount of $16,667.00; and

       WHEREAS, the work period for said grant started on July 29, 2010 and has an
expiration date of July 29, 2012 with the close-out paperwork to be submitted to the New
Jersey Historic Trust no later than July 29, 2013; and
11-546
October 11, 2011 – Work Session/Regular Meeting



      WHEREAS, the Township awarded a contract to The Cherry Valley Group on August
10, 2010 in the amount of $58,500.00 for the Stoothoff-Gunther House planning project;
and

       WHEREAS, at the September 20, 2011 Open Space Advisory Committee meeting, the
Committee recommended in favor of the $16,667.00 local match to be paid from the Open
Space Trust Fund;

        NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of
Franklin, Somerset County, State of New Jersey that the Local Match for the aforesaid grant
in the amount of $16,667.00 is hereby authorized and to be paid from the Open Space Trust
Fund.

Resolution #11-425         Authorize Forfeit and/or Refund of Deposits for Construction
                           Water Meters.

       WHEREAS, the Township of Franklin, Somerset County has received escrow monies
for purposes of utilizing fire hydrants for construction water as required by Section 384-11
of the Code; and

        WHEREAS, the project has been completed and the Director of the Water Division of
the Department of Public Works, has certified to the Township Clerk the amount of money
actually due for said construction water and has recommended that the balance remaining as
set forth be returned to the following applicants:

APPLICANT:             Somerset Douglas Realty
ADDRESS:               541 Somerset Street, Somerset, New Jersey 08873

AMOUNT DEPOSITED:                                              $ 875.00
AMOUNT TO BE DEPOSITED IN WATER ACCOUNT
FOR SERVICE CHARGE & WATER USAGE                               $ 100.00
AMOUNT TO BE REFUNDED:                                         $ 775.00

APPLICANT:             Oswald Enterprises, Inc.
ADDRESS:               161 East Road, P.O. Box 126, Belford, New Jersey 07718

AMOUNT DEPOSITED:                                             $2,145.00
AMOUNT TO BE DEPOSITED IN WATER ACCOUNT
FOR SERVICE CHARGE & WATER USAGE                              $ 810.00
AMOUNT TO BE REFUNDED:                                        $1,335.00

APPLICANT:             NJAFM
ADDRESS:               P.O. Box 1326, Trenton, New Jersey 08625

AMOUNT DEPOSITED:                                             $2,170.00
AMOUNT TO BE DEPOSITED IN WATER ACCOUNT
FOR SERVICE CHARGE & WATER USAGE                              $ 150.00
AMOUNT TO BE REFUNDED:                                        $2,020.00

APPLICANT:             JSM At Veronica Ave. LLC
ADDRESS:               1260 Stelton Road, Piscataway, New Jersey 08854

AMOUNT DEPOSITED:                                             $2,145.00
AMOUNT TO BE DEPOSITED IN WATER ACCOUNT
FOR SERVICE CHARGE & WATER USAGE                              $1,400.00
AMOUNT TO BE REFUNDED:                                        $ 745.00

APPLICANT:             Rashi Construction Corp.
ADDRESS:               4 Rolling Hills Road, Somerset, New Jersey 08873
                                                                                        11-547
                                                October 11, 2011 – Work Session/Regular Meeting

AMOUNT DEPOSITED:                                             $875.00
AMOUNT TO BE DEPOSITED IN WATER ACCOUNT
FOR SERVICE CHARGE & WATER USAGE                              $875.00
AMOUNT TO BE REFUNDED:                                        $ 0.00

       NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Franklin, Somerset County and State of New Jersey that the remaining escrow monies be
returned to the above named applicants; and

       BE IT FURTHER RESOLVED that the Chief Financial Officer be and is hereby directed
to refund the escrow amounts herein.

Resolution #11-426      Authorize Reduction of Performance Guarantees.

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

DATE REC’D BY ENGINEERING:        July 30, 2007
NAME OF APPLICANT:                Canal Plaza
ADDRESS OF APPLICANT:             812 Central Avenue, Westfield, NJ 07090
ITEM:                             Performance Bond
NUMBER:                           #847-SB
DOCKET:                           PLN2006-0028
FOR:                              Site Improvements – Block 513/Lots                15.01    –
                                  Schoolhhouse Road/Mettlers Road
ORIGINAL AMOUNT:                  $1,079,880.72
REDUCTION AMOUNT:                 $1,049,880.72
REMAINING AMOUNT:                 $ 30,000.00 (Letter of Credit)

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

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

Resolution #11-427      Authorize Release of Performance Guarantees.

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

DATE RECEIPT BY ENGINEERING:          03/07/03
NAME OF APPLICANT:                    Canal Walk Associates, LLC
ADDRESS OF APPLICANT:                 812 Central Avenue, Westfield, NJ 07090
ITEM:                                 Letter of Credit #707-SB
BANK:                                 Union Center National Bank
DOCKET:                               PLN2001-0015
IN THE AMOUNT OF:                     $168,185.34
FOR:                                  Site Improvements – Block 513, Lots 1, 2, 4, 10, 11,
                                      12.01, 13.01 & 15 – Weston Road- Schoolhouse Road-
                                      Weston Canal Road-Mettlers Lane

       WHEREAS, the Township Engineer, after inspection, recommends release of the
aforesaid Performance Guarantee, subject to receipt of 2-year Maintenance Bond in the
amount of $84,092.67; and

       NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Franklin, County of Somerset and State of New Jersey that the aforesaid Performance
Guarantee be released to the aforesaid applicant, subject to receipt of 2-year Maintenance
Bond in the amount of $84,092.67.
11-548
October 11, 2011 – Work Session/Regular Meeting

Resolution #11-428         Reject Bids for Construction at Griggstown Bridgetenders House.

       BE IT AND IT IS HEREBY RESOLVED that the Township Council of the Township of
Franklin in the County of Somerset, State of New Jersey does hereby reject bids received and
opened for the Griggstown Bridgetender’s House.

Resolution #11-429         Authorize Tax Title Lien Redemptions – Outside Buyers.

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

       WHEREAS, said property and/or liens have been redeemed by the owners thereof,
and the purchasers of said property are legally entitled to a refund of monies paid at the
time of redemption in the following specific amount;

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

Certificate                                                                         Amount
11-00410                   Elliot Loeb – Keogh Plan                                2,613.58
                                                                           Total: $2,613.58

11-00130                   US Bank Cust/Emp IV, Cap One                            3,764.99
                                                                           Total: $3,764.99

11-00020                   Gharro, LLC                                             3,904.12
11-00220                   Gharro, LLC                                             1,160.88
11-00056                   Gharro, LLC                                               471.08
11-00372                   Gharro, LLC                                             1,926.38
11-00311                   Gharro, LLC                                             3,048.28
11-00227                   Gharro, LLC                                               796.23
11-00229                   Gharro, LLC                                             1,318.91
11-00060                   Gharro, LLC                                             1,096.65
                                                                          Total: $13,722.53

10-271                     JNH Funding Corp..                                         424.44
                                                                              Total: $424.44

11-00407                   US Bank Cust for Pro Capital                              944.46
11-00352                   US Bank Cust for Pro Capital                            1,266.16
                                                                           Total: $2,210.59

08-084                     Mary Tawadros                                           14,146.90
                                                                          Total: $14,146.90

11-00414                   US Bank Cust for Tower                               1,365,577.99
                                                                       Total: $1,365,577.99

Resolution #11-430         Authorize Issuance of Raffles.

      WHEREAS, the following have made application to the Township of Franklin,
Somerset County, for a Raffle/Bingo License; and

       WHEREAS, said applications have been presented to the Mayor and the Chief of Police
for Findings and Determinations; and

       WHEREAS, the Clerk has reported that the proper fees have been paid;
                                                                                         11-549
                                                 October 11, 2011 – Work Session/Regular Meeting



     NOW, THEREFORE, BE IT RESOLVED that the Clerk be instructed to issue a
RAFFLE/BINGO LICENSE to the following:

NAME OF ORGANIZATION                                            DATE OF RAFFLE/BINGO
Womens’ Club Renaissance at Raritan Valley                      November 19, 2011
1 Renaissance Blvd., Somerset, NJ
Arm Chair Races – RL#1928
Drawings: Renaissance Club House

Knights of Columbus #9925 St. Matthias Council                  December 9, 2011
168 JFK Boulevard, Somerset                                     8:00 pm
Off-Premise 50/50 – RL#1929
Drawing: St. Matthias School Cafeteria

St. Matthias Home School Association                            October 21, 2011
170 JFK Blvd., Somerset                                         7:00 pm – 11:00 pm
On-Premise Raffle – RL#1930
Drawing: St. Matthias Cafeteria

Catholic Daughters of the Americas                              March 25, 2012
 Court Regina Coeli No. 940                                     11:30 am – 4:00 pm
523 Front Street, Dunellen, NJ
On-Premise Raffle – RL#1931
On-Premise 50/50 – RL#1932
Off-Premise 50/50 – RL#1933

St. James Catholic Church Vietnamese Community                  January 21, 2012
145 Grove Street, Woodbridge, NJ                                8:00 pm
Off-Premise Raffle – RL#1934
Drawing: Ukrainian Cultural Center
                                                               2011
Franklin Park Senior Citizens’ Club                             January 5,12,13,19,26
505 DeMott Lane, Somerset                                       Feb. 2, 9, 10,16,23
On-Premise 50/50 – RL#1935                                      Mar. 2,9,10,16,23,30
Drawings: 505 DeMott Lane, Somerset                             April 3,13,14,20,27
                                                                May 4,11,12,18,25
                                                                June 1,8,9,15,22,29
                                                                July 6,13,14,20,27
                                                                Aug. 3,10,11,17,24,31
                                                                Sept. 7,8,14,21,28
                                                                Nov. 2,9,10,16,23,30
                                                                Dec. 7,8,14,21,28

Resolution #11-431      Authorize Shared Services Agreement – Purchasing Administrator
                        Services – Township of Montgomery.

       BE IT AND IT IS HEREBY RESOLVED that the Mayor and Township Clerk is hereby
authorized to execute on behalf of the Township Council shared service agreement with the
Township of Montgomery as permitted by NJSA 40A:65-4 et. seq. for Purchasing Services
subject to a Shared Service Agreement approved by the Township Attorney.

Resolution #11-432      Authorize Stipulation of Settlement – Tax Appeal – K/S Realty
                        Company – Block 502.01, Lot 44.03 – 285 Davidson Avenue –
                        Years 2009-2011.

      WHEREAS, K/S Realty Company is the owner of certain property located at 285
Davidson Avenue, which is identified as Block 502.01, Lot 44.03 on the tax maps of Franklin
Township; and
11-550
October 11, 2011 – Work Session/Regular Meeting

       WHEREAS, K/S Realty Company filed an appeal to the Tax Court of New Jersey for
said premises for the 2009 thru 2011 tax years; and

       WHEREAS, the parties have engaged in settlement negotiations;

      WHEREAS, it is hereby stipulated and agreed that the assessment for the aforesaid
property be adjusted and a judgment be entered as follows:

2009                    Original Assessment       County Bd. Judgment    Tax Court Judgment
Land:                         $2,112,000.00               0                   $2,112,000.00
Improvements:                 13,338,000.00               0                   12,388,000.00
Total:                       $15,450,000.00               0                  $14,500,000.00

2010                    Original Assessment       County Bd. Judgment    Tax Court Judgment
Land:                        $ 2,112,000.00               0                  $ 2,112,000.00
Improvements:                 12,268,000.00               0                   11,088,000.00
Total:                       $14,380,000.00               0                  $13,200,000.00

2011                    Original Assessment       County Bd. Judgment    Tax Court Judgment
Land:                         $2,112,000.00               0                   $2,112,000.00
Improvements:                 12,268,000.00               0                    9,788,000.00
Total:                       $14,380,000.00               0                  $11,900,000.00

       WHEREAS, both parties have made such examination of the value and proper
assessment of the property and have obtained such appraisals, analysis and information
with respect to the valuation and assessment of the property as they deem necessary and
appropriate for the purpose of enabling them to enter into said stipulation; and

      WHEREAS, the Township Tax Assessor has been consulted by the Township
Attorney with respect to said settlement and has concurred; and

       WHEREAS, based on the foregoing, the undersigned represent to the Court that the
above settlement will result in an assessment at the fair assessable value of the property
consistent with assessing practices generally applicable in the taxing district as required by
law; and

       WHEREAS, all refunds as a result of said settlement set forth herein are to be made
payable to “Michael I. Schneck, Esq., Attorney for K/S Realty Company” and forwarded to
Michael I. Schneck, Esq., 301 South Livingston Ave., Livingston, NJ 07039 within 60 days of
the date of entry of the judgment pursuant to NJSA 54:3-27.2; and

        WHEREAS, the parties agree that there has been no change in value of municipal-
wide revaluation or reassessment adopted for the tax year 2012, and therefore agree that
the provisions of N.J.S.A. 54:51A-8 (Freeze Act) shall be applicable to and a final disposition
of this case and a final disposition of the entire controversy and of any actions pending or
hereafter instituted by the parties concerning the assessment on the property(ies) referred
to herein for said Freeze Act year. No Freeze Act year(s) shall be the basis for application
of the Freeze Act for any subsequent year(s)

      WHEREAS, statutory interest pursuant to N.J.S.A. 54:3-27.2 is waived by the
taxpayer and shall not be paid on the condition the refund is received pursuant to the
above paragraph hereof within 60 days from the date of the entry of the Judgment; and

        WHEREAS, the provisions of the aforesaid paragraphs shall survive Judgment even
if not included on the Judgment issued by the Tax Court of new Jersey; and

       WHEREAS, all counterclaims will be withdrawn as part of this settlement;

     NOW, THEREFORE, BE IT RESOLVED this 11th day of October 2011 by the
Township Council of the Township of Franklin, County of Somerset, State of New Jersey,
                                                                                          11-551
                                                  October 11, 2011 – Work Session/Regular Meeting

that the settlement in this matter as set forth herein above be and the same approved, and
the Township Attorney is hereby authorized and directed to affect said settlement.

Resolution #11-433       Approval of Plenary Retail Consumption License No. 1808-33-043-
                         011 – Zelekowitz, Jeffrey & Neil (Pocket) – 2010-2011 and 2011-
                         2012 License Terms.

       WHEREAS, applications have been received Plenary Retail Consumption License
1808-33-043-001, Zelekowitz, Jeffrey and Zelekowitz, Neil for the 2010-11 and 2011-12
license terms; and

      WHEREAS, these applications have 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, renewal for both license terms are subject to the attached Special Ruling
by the State of New Jersey, Department of Law & Public Safety, Division of Alcohol
Beverage Control; and

       WHEREAS, no objections have been filed with the Township Clerk; and

     WHEREAS, said applications have been examined by the Township Council and the
Township Council finds that:

       The submitted application forms are complete in all respects:

       The applicant is qualified to be licensed according to all statutory, regulatory
       and Local Government Alcoholic Beverage Control Laws and Regulations;

       The applicant has 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 11th day of October, 2011 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 a Plenary Retail
Consumption License to the following:

1808-33-043-001     Zelekowitz, Jeffrey & Neil      Inactive


Resolution #11-434       Authorize Discharge of Housing Rehabilitation Loan – 360 Ralph
                         Street.

       BE IT AND IT IS HERBY RESOLVED, by the Township Council of the Township of
Franklin, County of Somerset and State of New Jersey that the Mayor and Township Clerk
be, and they are hereby directed and authorized to, execute a Discharge of Mortgage for the
premises known as 360 Ralph Street, Somerset, New Jersey and identified as Block 222, Lot
9 on the Township’s Tax Maps, with respect to the Discharge of a Mortgage which was
made to secure Mortgagor’s obligations pursuant to a certain Mortgage Note dated as of
December 30, 2005 with respect to monetary assistance made available to the Mortgagor
under the Mortgagee’s Housing Rehabilitation Program. The Mortgagor’s obligations
thereunder have been satisfied in full.

Resolution #11-435       Authorize Discharge of Housing Rehabilitation Loan – 41 Churchill
                         Avenue.

       BE IT AND IT IS HERBY RESOLVED, by the Township Council of the Township of
Franklin, County of Somerset and State of New Jersey that the Mayor and Township Clerk
be, and they are hereby directed and authorized to, execute a Discharge of Mortgage for the
premises known as 41 Churchill Avenue, Somerset, New Jersey and identified as Block 101,
11-552
October 11, 2011 – Work Session/Regular Meeting

Lot 29 on the Township’s Tax Maps, with respect to the Discharge of a Mortgage which was
made to secure Mortgagor’s obligations pursuant to a certain Mortgage Note dated as of
July 25, 2007 with respect to monetary assistance made available to the Mortgagor under
the Mortgagee’s Housing Rehabilitation Program. The Mortgagor’s obligations thereunder
have been satisfied in full.

Resolution #11-436         Rescind Resolution #11-345, Authorize Chapter 159 for Local Arts
                           Program Grant.

       WHEREAS, Resolution #11-345 entitled, “Resolution Approval of Items of Revenue
and Appropriation NJS 40A:4-87 (With Matching Funds for Grants) – 2011 (Round II) Local
Arts Program Grant” was adopted by the Township Council at a regularly scheduled
meeting held on August 9, 2011; and

       WHEREAS, the aforesaid resolution was not required to be done and the aforesaid
grant is included in the TY2011 Municipal Budget;

       NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of
Franklin, Somerset County, New Jersey that Resolution #11-345 entitled, “Resolution
Approval of Items of Revenue and Appropriation NJS 40A:4-87 (With Matching Funds for
Grants) – 2011 (Round II) Local Arts Program Grant” is hereby rescinded.

Resolution #11-437         Authorize Participation and Creation of the Raritan and Millstone
                           Rivers Flood Control Commission.


       WHEREAS, there exists along the Raritan and Millstone Rivers and their tributaries
certain problems of flooding and flood prevention which concern several municipalities
and Somerset County, as well as other governmental bodies.

       WHEREAS¸ the various governmental units affected by such drainage basin
recognize the need for cooperation efforts to prevent future floods and to alleviate flooding
and flood hazards.

      WHEREAS, Chapter 316, P.L. 1971, authorizes the establishment of a joint
Flood Control Commission and provides that the participating municipalities and
counties may enter into such a Commission and may define and limit the areas of
responsibility and authority of such a Commission, and may set forth the terms under which
appropriations shall be made by the participating municipalities and counties. (1973 Code
1:6).

        WHEREAS, the Township of Franklin in the County of Somerset, State of New
Jersey, agrees to participate in the creation of and operations of the Raritan and Millstone
Rivers Flood Control Commission, pursuant to Chapter 316, P.L. 1971, as follows:

   a. The municipalities and counties invited to participate in the Commission are:
      Bridgewater Township, Franklin Township, Hillsborough Township, the Borough of
      Manville, the Borough of Millstone, Montgomery Township, the Borough of Rocky
      Hill, the Borough of Somerville, the Borough of South Bound Brook and the
      County of Somerset.

   b. The Raritan and Millstone Rivers Flood Control Commission shall be established in
      accordance with Chapter 316, P.L. 1971 of the State of New Jersey.

   c. The Raritan and Millstone Rivers Flood Control Commission shall:

       1. Collect, study and analyze data on flooding, past floods and the causes of floods
          in the area;

       2. Make such data and studies available to the participating members, to the
          Division of Water Policy and Supply, the Army Corps of Engineers, local and
                                                                                        11-553
                                                October 11, 2011 – Work Session/Regular Meeting

        county planning boards and officials concerned with subdivisions and
        development of properties within the floodway and drainage areas;

     3. Keep itself informed as to the availability of state and federal funds and grants,
        and the procedures for applying therefore, and shall make such information
        available to participating members;

     4. Coordinate the activities of the participating members relating to flooding, flood
        prevention, brook cleaning and the like;

     5. Encourage the acquisition of lands within the floodway and low-lying areas by
        appropriate County Park Commissions, counties or participating
        municipalities;

     6. Publicize methods of flood control and flood prevention;

     7. Encourage its participating members and others to adopt appropriate ordinances
        and regulations relating to flood control;

     8. Encourage its participating members to support other programs designed
        or intended to alleviate flooding;

     9. Perform such other acts and fulfill such other functions as may be permitted by
        law and as determined by the members, subject to the limitations in this
        agreement and subject to the limitations as set forth in Chapter 316, P.L. 1971.

d. Appropriations.

     1. The general, administrative and other expenses of the Commission, affecting the
         Commission as a whole, shall be funded among the members as follows:

        (a) Two Thousand Five Hundred ($2,500.00) Dollars from the County of
            Somerset
        (b) Two Hundred Fifty ($250.00) Dollars from each municipal member

     2. Whenever a specific project is to be undertaken, involving less than the interest
        of all of the participating members, or of special benefit to less than all of the
        participating members, the apportionment of the costs thereof shall be agreed upon
        by the participating members specially benefited thereby in advance of
        authorization of such project.

     3. The initial funding requirements set forth herein may be changed by agreement
        among the participating municipalities and Somerset County, which additional
        funding is subject to the consent of the governing body of each participating
        municipal member and the Board of Chosen Freeholders of Somerset County.

e. Budget. The tentative annual budget for the Commission shall be adopted by the
   Commission no later than January 15 of each year and such adoption shall be by a
   vote of a Somerset County representative and a representative from each
   municipality. A copy of such tentative budget shall be sent to the governing body of
   each of the County and municipalities within one (1) week of the adoption thereof.
   Such notice shall include notification of the date fixed by the Commission for final
   adoption of such budget, which shall be at least three (3) weeks after the date of
   tentative adoption by the Commission.

     Expenditures outside the regular budget for special projects involving Somerset
     County or the participating municipalities (but less than the entire Commission) shall
     be negotiated and arranged separately among the involved participating members and
     the Commission.

f.   Quorum. Any number of members of the Commission shall have the right to meet at
11-554
October 11, 2011 – Work Session/Regular Meeting

       regularly scheduled meetings. Any action taken involving the expenditure of funds,
       other than clerical and mailing connected with the usual business of the Commission,
       shall be adopted only at a meeting at which there are at least one (1) county
       representative and at least nine (9) municipal representatives (regardless of the total
       number of municipalities represented thereby).

   g. Withdrawal. Each member municipality and county reserves the right, pursuant to
      Section 2d of Chapter 316, Laws of 1971, to withdraw from the Commission
      provided, however, that at least ninety (90) days notice of such intention is given
      to the Commission, and provided further, that such withdrawal after the adoption
      of the Commission budget for a given year shall not abrogate the responsibility of
      the municipality or county to meet its obligations under the budget for such year
      (1973 Code Section 1:6-1).

       WHEREAS, Representatives to the Commission shall be as follows:

   a. The Township Council shall appoint two (2) representatives to the Commission;
      either or both of the representatives may be a member of the Township Council or
      hold other elective or appointive office in the Township.

   b. In addition to such representatives, the Township Council may appoint two (2)
      alternate representatives to the Commission, who shall serve for the terms of one (1)
      year each, or until the appointment and qualification of their successors. Such
      alternates shall have the right to attend all meetings of the Commission and take part
      in all discussions. The alternates shall be designated as first alternate and second
      alternate and in such order may represent the Township and vote in the event or the
      absence or disability of one (1) or both of the regular representatives.

   c. Each regular representative shall serve for a term of five (5) years, or until his
      successor has been appointed and has qualified, except that any appointed
      representative who holds another elected or appointed public office shall serve as
      such representative for the term of his elected or appointed office and only so long
      as he shall hold such elected or appointed public office, notwithstanding his term of
      appointment as such representative. Appointments to vacancies caused by the death,
      resignation or other inability to serve of a representative shall be filled for the balance
      of the term only. No alternate representative shall automatically succeed to a regular
      representative position upon a vacancy occurring in a regular position. (1973 Code
      Section 1:6-2).

                           RESOLUTION, VOTED ON SEPARATELY

Resolution #11-424         Approve Amendment to the Somerset Grand Developer’s
                           Agreement.

      Mayor Levine presented the following resolution for consideration by the Township
Council:

       WHEREAS, Somerset Grand LLC, (Developer), is the owner of certain land and
improvements situated in the Township of Franklin, County of Somerset, (Township)
generally known and described as Block 424.01, Lot 39.07 consisting of approximately
42.31 acres (referred to a s property or subdivision); and

        WHEREAS, the Developer is successor in interest by conveyance from Castle Senior
Living, LLC (Castle) with regard to the development of said property; and

      WHEREAS, Somerset Grand, LLC and the Township of Franklin entered into a
Developer’s Agreement on or about August 16, 2000, a copy of which is on file in the
Township Clerk’s Office, which Developer’s Agreement has been assigned to and accepted
by Developer; and
                                                                                         11-555
                                                 October 11, 2011 – Work Session/Regular Meeting

       WHEREAS, Somerset Grand, LLC and the Township of Franklin entered into the
First Amended Developer’s Agreement on or about April 10, 2007, a copy of which is on file
in the Township Clerk’s Office, which Amended Developer’s Agreement has been assigned
to and accepted by Developer; and

      WHEREAS, the Developer and the Township desire to modify and amend said
Agreement by the attached Second Amendment in the manner described therein; and

       NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Franklin, County of Somerset, State of New Jersey that the Township hereby acknowledges
and authorizes the attached Second Amendment to Developer’s Agreement incorporated
by reference and made part of this resolution.

      The aforesaid resolution was moved by Deputy Mayor Prasad, seconded by Ms.
Francois and carried as follows upon call of the roll:

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

                                     APPOINTMENT

Board of Adjustment Alternate #3

       Ms. Sherman nominated Joel Reiss as Alternate No. 3 on the Zoning Board of
Adjustment for an unexpired two-year term ending December 31, 2012. Said nomination
carried upon acclamation by Council.

                                   EXECUTIVE SESSION

        Mayor Levine presented the following resolution:

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

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

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

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

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

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

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

   5. This resolution shall take effect immediately.

      The aforesaid resolution was moved by Mr. Kramer, seconded by Deputy Mayor
Prasad and carried as follows upon call of the roll:
11-556
October 11, 2011 – Work Session/Regular Meeting

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

        The meeting adjourned to Executive Session at 10:43 p.m.

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

      Mayor Levine announced the discussion during Executive Session was Personnel –
Township Manager.

                                         ADJOURNMENT

      Motion was made by Deputy Mayor Prasad and seconded by Mr. Regan to adjourn to
the meeting at 10:41 p.m. Motion was carried unanimously.



Approved:      As Submitted                       Brian D. Levine, Mayor



Date:          November 10, 2011                  Ann Marie McCarthy, Township Clerk

				
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