7/26/05 township committee agenda - bernards township committee/minutes/07-11-21m.pdf · 65273...

T A B L E O F C O N T E N T S

BERNARDS TOWNSHIP- TOWNSHIP COMMITTEE MINUTES

NOVEMBER 21, 2007 – COMBINED AGENDA/REGULAR SESSION (click on the page number to go directly to that page)

CALL TO ORDER........................................................................................................................ 3

ROLL CALL .................................................................................................................................. 3

AMEND AGENDA ....................................................................................................................... 3

EXECUTIVE SESSION - RESOLUTION #070546, LAND ACQUISITION........................ 3

MINUTES....................................................................................................................................... 3 11/01/2007 – COMBINED AGENDA/REGULAR MEETING – OPEN SESSION.................................... 3 11/01/2007 - COMBINED AGENDA/REGULAR MEETING – EXEC. SESSION ................................... 4

FIRE & RESCUE APPOINTMENTS......................................................................................... 4

CORRESPONDENCE................................................................................................................. 4

REPORTS ..................................................................................................................................... 4

PUBLIC COMMENT .................................................................................................................... 4

TOWNSHIP COMMITTEE/STAFF COMMENTS ................................................................... 4

UNFINISHED BUSINESS........................................................................................................... 4

NEW BUSINESS.......................................................................................................................... 4 CONSENT AGENDA....................................................................................................................... 4

Resolution #070541 – Approval of Bill Listed Dated 11/21/2007-......................................... 4 Resolution #070536 - Authorizing Hunting within 450 Feet of the Bernards Township Engineering Services Building in Conjunction with the 2007-2008 Community Based Deer Management Program in Bernards Township........................................................................ 9 Resolution #070539 - Approval of Special Event, Boy Scout Troop 54 Wreath Sale, Allen Street Gazebo, November 23 and 24, 2007............................................................................. 9 Resolution #070540 - Authorizing the Discharge of the Mortgage made as part of the Bernards Township Housing Rehabilitation Program by Lucille Conklin........................... 10 Resolution #070542 - Personnel Appointment, Katherine Hutchinson – Per Diem Smoke Detector Inspector, Fire Prevention Bureau ........................................................................ 10 Resolution #070543 ........ - Award of Contract for Telecommunications Audit to Com-Logic Partners, LLC 11 Resolution #070544 - 2008 Holiday Schedule...................................................................... 14 Resolution #070549 - Personnel Appointment, Margaret Struzienski – Substitute Crossing Guard, Police Department.................................................................................................... 15

Resolution #070550 - Personnel Appointment, Gail Suiter. Crossing Guard, Police Department ........................................................................................................................... 15 Resolution #070551 - Personnel Appointment, Kathleen Fernandez, Crossing Guard, Police Department ........................................................................................................................... 16 Resolution #070552 - Return of Performance Surety for The Pingry Corporation, Middle School Addition, Block 190, Lot 26 ...................................................................................... 16 Resolution #070554 - Approval of Developer’s Agreement, Emerald Valley At Warren LLC, Whispering Wood, Block 187, Lot 46 ................................................................................... 16 Resolution #070556 - Approval of Developer’s Agreement, High Hill Court (Overlook Ave. Subdivision), Block 164, Lot 52.01-52.03............................................................................. 17 Resolution #070558 - Return of Cash Site Restoration Surety for Millington Quarry Subdivision, (Bettlar Tract), Block 150, Lot 6 ...................................................................... 18 Resolution #070559 - Approval of Street Name for Victor Michaels/Boulder Construction Subdivision, Block 164, Lots 50 & 51................................................................................... 18 Resolution #070537 - Authorizing a Contribution of an Amount Not to Exceed $6,300 for Professional Legal Services to the Township of Bedminster for the EDC Rate Case .......... 19 Resolution #070548 - Unused Accrued Vacation and Comp Time Payment Due Sgt. William Brown, Police Department.................................................................................................... 20 Resolution #070553 - 2008 Fee Schedule for the Coakley-Russo Memorial Golf Course... 21 Resolution #070560 - 2008 Fee Schedule for Pleasant Valley Pool .................................... 21

ORDINANCE #1990 - AN ORDINANCE ACCEPTING THE EXTENSION OF EDWARD COURT AND A RIGHT-OF-WAY DEDICATION ON LAKE ROAD – INTRODUCTION ............................................... 24 ORDINANCE #1991 - ACCEPTING A CONSERVATION EASEMENT ON BLOCK 152, LOT 20, FROM 534 LYONS, LLC, TO THE TOWNSHIP OF BERNARDS – INTRODUCTION...................................... 25 ORDINANCE #1992 - AN ORDINANCE AMENDING THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF BERNARDS CHAPTER 27 “OPEN SPACE” SECTION 2 “OPEN SPACE ADVISORY COMMITTEE” CONCERNING MEETING PROTOCOL – INTRODUCTION.......................................... 25 ORDINANCE #1993 - AN ORDINANCE TO AMEND THE GENERAL ORDINANCE OF THE TOWNSHIP OF BERNARDS, CHAPTER VII, “TRAFFIC”, SECTION 7-3.4 AND SCHEDULE II, “PARKING PROHIBITED CERTAIN HOURS” REGARDING ALLEN STREET – INTRODUCTION.......................... 26 ORDINANCE #1994 - ACCEPTING A SIDEWALK, PEDESTRIAN PATH AND PUBLIC ACCESS EASEMENT ON BLOCK 187, LOT 59.02, FROM 100 MARKETPLACE, LLC, TO THE TOWNSHIP OF BERNARDS – INTRODUCTION ..................................................................................................... 27 RECOMMENDATION FOR TOWNSHIP COMMITTEE ACTION ......................................................... 27 RESOLUTION #070545 - AUTHORIZING INCLUSION OF TWO ADDITIONAL TRACTS OF MUNICIPALLY-OWNED PROPERTY IN THE BERNARDS TOWNSHIP MUNICIPAL DEER MANAGEMENT PROGRAM AND SUBMISSION OF AN AMENDMENT TO THE COMMUNITY BASED DEER MANAGEMENT PERMIT REQUESTING SAME ..................................................................... 27 DISCUSSION OF CABLEVISION’S FRANCHISE RENEWAL ............................................................. 28 DISCUSSION OF LAND USE ORDINANCE AMENDMENT REVISING DEFINITION OF LOT WIDTH ... 28

ADJOURNMENT ....................................................................................................................... 29

CALL TO ORDER The mayor called the meeting to order at 7 PM. Those assembled saluted the flag and the mayor read the open public meetings statement in accordance with the law. ROLL CALL Present: Carpenter, Chaudry, Kelly, , Pavlini Absent: Malay Also Present: CFO/Administrator McArthur, Attorney Belardo, Municipal Clerk/Assist.

Admin. Szabo AMEND AGENDA Motion by Carpenter, second by Kelly, and unanimously agreed to amend the agenda to include an executive session discussion regarding land acquisition, Block 164, Lot 6; and a discussion on personnel, 2008 appointments. EXECUTIVE SESSION - Resolution #070546, Land Acquisition Motion by Carpenter, second by Kelly, and unanimously agreed to adopt Resolution #070546 and at 7:02, the meeting temporarily adjourned to executive session. WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231 P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards, County of Somerset, State of New Jersey, as follows: 1. The public shall be excluded from discussion of an action upon the specified subject matter. 2. The general nature of the subject matter to be discussed is as follows:

Land Acquisition Block 76, Lots 5.01 & 6 Block 164, Lot 6

Personnel 2008 Appointments 3. It is anticipated that the minutes on the subject matters of the closed session will be made

public upon conclusion, dismissal or settlement of litigation; or final resolution of agreements on personnel matters; and in any event, when appropriate pursuant to N.J.S.A. 10:4-7 and 4-13.

4. The committee will come back into open session and may take further action. 5. This resolution shall take effect immediately. The meeting resumed in open session at 7:30 P.M. MINUTES 11/01/2007 – Combined Agenda/Regular Meeting – Open Session By unanimous consent, these minutes were approved for content and release.

http://www.bernards.org/resolutions/2007/070546.doc

11/01/2007 - Combined Agenda/Regular Meeting – Exec. Session By unanimous consent, these minutes were approved for content only. FIRE & RESCUE APPOINTMENTS None. CORRESPONDENCE None. REPORTS None. PUBLIC COMMENT Todd Edelstein Drive, Riverside Drive, advised the committee that Channel 15 was not scrolling community announcements. TOWNSHIP COMMITTEE/STAFF COMMENTS Committee and staff members reported on their recent activities. UNFINISHED BUSINESS None. NEW BUSINESS Consent Agenda The items listed within the consent agenda portion of the meeting have been referred to the Township Committee for reading and study, a copy placed on the bulletin board of the meeting room and are considered routine and will be enacted by one motion of the Township Committee with no separate discussion. If separate discussion is required, the item may be removed from the agenda by township committee action and placed on the regular agenda under new business. Motion by Chaudry, second by Carpenter, that Resolutions # 070537, 070548, #070553 and #070560 be removed from the consent agenda, and that the remaining items be approved. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried.

**Begin Consent Agenda**

Resolution #070541 – Approval of Bill Listed Dated 11/21/2007- BE IT RESOLVED, that the bill list dated 11/21/2007 be audited, and if found correct, be paid.

11/21/07 TOWNSHIP OF BERNARDS Page No: 1 08:54:08 Check Register By Check Date


---------------------------------------------------------------------------------------------------------- Range of Checking Accts: CASH - CHECKING to CASH - CHECKING Range of Check Dates: 11/21/07 to 11/21/07 Report Type: All Checks Report Format: Super Condensed Check Type: Computer & Manual ========================================================================================================== Check # Check Date Vendor Amount Paid Reconciled/Void Ref Number ---------------------------------------------------------------------------------------------------------- CASH - CHECKING 65227 11/21/07 Alignment Check VOID 65228 11/21/07 90003 AXT, FREDERICK 179.99 882 65229 11/21/07 90021 COYNE, JOEL W. 195.00 882 65230 11/21/07 90084 MCARTHUR, BRUCE D 61.00 882 65231 11/21/07 90090 MOTT, DENNIS 614.23 882 65232 11/21/07 90095 SNYDER, DANIEL 157.76 882 65233 11/21/07 90128 SZABO, DENISE 219.99 882 65234 11/21/07 90142 SUDANO, MARCIA 170.00 882 65235 11/21/07 90145 ANTHONY, JAMES 222.29 882 65236 11/21/07 90228 WARD, SCOTT 63.00 882 65237 11/21/07 90241 D'ORAZIO, ANTONETTE K 66.69 882 65238 11/21/07 90292 CORSENTINO, MARGARET 345.95 882 65239 11/21/07 90314 WATT, BRENDAN 200.00 882 65240 11/21/07 90315 JOHNSON, TERRI 290.03 882 65241 11/21/07 90366 OLIVARI, KAREN 83.40 882 65242 11/21/07 A0008 A.M. BEST COMPANY, INC. 147.95 882 65243 11/21/07 A0011 AMERICAN LIBRARY ASSOCIATION 78.30 882 65244 11/21/07 A0029 UNIVERSAL SUPPLY GROUP, INC. 292.50 882 65245 11/21/07 A0168 ALLIED OIL COMPANY, LLC 49,383.53 882 65246 11/21/07 A0174 ALL SPORTS 510.00 882 65247 11/21/07 A0247 ARAMARK CORPORATION 116.00 882 65248 11/21/07 A0327 ACCURINT 56.25 882 65249 11/21/07 A0398 ABSO 290.00 882 65250 11/21/07 A0404 APRUZZESE,MCDERMOTT, ET AL 919.00 882 65251 11/21/07 B0001 BAKER & TAYLOR, INC. 9,178.58 882 65252 11/21/07 B0003 BAKERS AUTO PARTS, INC. 648.16 882 65253 11/21/07 B0010 BITAR ESQ., THOMAS J. 6,087.00 882 65254 11/21/07 B0015 BRODART COMPANY 251.17 882 65255 11/21/07 B0020 BASKING RIDGE ELECTRIC CO.,INC 9,921.86 882 65256 11/21/07 B0026 BERNARDS TOWNSHIP CURRENT 0.00 11/21/07 VOID 0 65257 11/21/07 B0026 BERNARDS TOWNSHIP CURRENT 0.00 11/21/07 VOID 0 65258 11/21/07 B0026 BERNARDS TOWNSHIP CURRENT 0.00 11/21/07 VOID 0 65259 11/21/07 B0026 BERNARDS TOWNSHIP CURRENT 30,673.47 882 65260 11/21/07 B0029 BERNARDS TWP BD OF EDUCATION 5,314,993.60 882 65261 11/21/07 B0031 BERNARDSVILLE PRINT CENTER 6,117.45 882 65262 11/21/07 B0034 BERNARDS TOWNSHIP PAYROLL ACCT 1,015,781.89 882 65263 11/21/07 B0203 DIFRANCESCO, BATEMAN, COLEY, 14,079.56 882 65264 11/21/07 B0223 BERNARDS TWP. OPEN SPACE FUND 28,378.83 882 65265 11/21/07 B0241 BANISCH ASSOCIATES,INC. 14,190.20 882 65266 11/21/07 B0386 BWI 179.58 882 65267 11/21/07 B0419 BRENT MATERIAL COMPANY 1,860.00 882 65268 11/21/07 B0448 BI-COUNTY BASKETBALL LEAGUE 1,500.00 882 65269 11/21/07 B0521 BURLINGTON COUNTY ESTC-BCIT 45.00 882 65270 11/21/07 C0003 CASCADE TREE SERVICE 3,220.00 882 65271 11/21/07 C0008 CHILDREN'S PRESS 144.30 882 65272 11/21/07 C0024 COURIER NEWS 49.25 882 65273 11/21/07 C0028 CY DRAKE LOCKSMITHS,INC. 60.40 882 65274 11/21/07 C0083 CDW GOVERNMENT, INC. 827.25 882 65275 11/21/07 C0408 CHAMPION UNIFORM SUPPLY 1,310.75 882 65276 11/21/07 C0422 CENTRALPACK SERVICE CORP. 803.25 882 65277 11/21/07 C0476 CIT-E-NET LLC 1,250.00 882 65278 11/21/07 C0479 COLORBLENDS FLOWERBULBS 1,683.05 882

65279 11/21/07 C0486 CITY FIRE EQUIPMENT CO, INC 300.00 882 65280 11/21/07 C0544 CLEM'S ORNAMENTAL IRONWORKS 2,800.00 882 65281 11/21/07 D0002 DANLINE QUALITY BRUSHES 150.00 882 65282 11/21/07 D0009 DOMB LIGHTING & ELECTRICAL 225.58 882 65283 11/21/07 D0017 DEPOSITORY TRUST COMPANY 1,090,431.25 882 65284 11/21/07 D0033 DEMCO 774.69 882 65285 11/21/07 D0063 DELUXE INTERNATIONAL TRUCKS 42.85 882 65286 11/21/07 D0097 D'ONOFRIO & SONS, INC. 1,514.29 882 65287 11/21/07 D0215 D LOVENBERG'S PORTABLE TOILETS 504.00 882 65288 11/21/07 D0270 DIRECT INSPECT, LLC 823.50 882 65289 11/21/07 D0310 DATA NETWORK SOLUTIONS 700.00 882 65290 11/21/07 D0319 DRAEGER SAFETY DIAGNOSTICS,INC 142.00 882 65291 11/21/07 D0339 DEER CARCASS REMOVAL SVC, LLC 584.55 882 65292 11/21/07 D0350 DOWN 2 EARTH FARMS, LLC 480.00 882 65293 11/21/07 D0363 DUNELLEN RECREATION 750.00 882 65294 11/21/07 E0005 CULLIGAN 58.50 882 65295 11/21/07 E0007 ENGINEERING PETTY CASH 40.00 882 65296 11/21/07 E0185 EDWARDS TIRE COMPANY 773.16 882 65297 11/21/07 F0001 FEDEX 88.40 882 65298 11/21/07 F0041 FREIHEITER, JOHN S. 690.00 882 65299 11/21/07 F0067 FERRIERO ENGINEERING, INC. 3,500.00 882 65300 11/21/07 F0098 FERTL-SOIL TURF SUPPLY, INC 2,378.00 882 65301 11/21/07 F0103 FENTON, ROBERT 250.00 882 65302 11/21/07 F0148 FAIRFIELD MAINTENANCE INC 1,440.66 882 65303 11/21/07 F0165 FOREMOST PROMOTIONS 713.81 882 65304 11/21/07 G0038 GATEWAY, INC. 2,247.90 882 65305 11/21/07 G0066 GRAINGER INC 3,230.70 882 65306 11/21/07 G0098 JCP&L 0.00 11/21/07 VOID 0 65307 11/21/07 G0098 JCP&L 0.00 11/21/07 VOID 0 65308 11/21/07 G0098 JCP&L 0.00 11/21/07 VOID 0 65309 11/21/07 G0098 JCP&L 0.00 11/21/07 VOID 0 65310 11/21/07 G0098 JCP&L 0.00 11/21/07 VOID 0 65311 11/21/07 G0098 JCP&L 65,295.47 882 65312 11/21/07 G0132 GOLF CARS, INC 161.76 882 65313 11/21/07 G0326 GARDEN STATE MESSENGER INC. 606.00 882 65314 11/21/07 G0333 GUS & BUCKYS BEDMINSTER WASH 78.30 882 65315 11/21/07 G0351 G.H. SERVICE, INC. 44.42 882 65316 11/21/07 G0356 GREENSCAPES 6,112.60 882 65317 11/21/07 G0394 NORMAN J. GOLDBERG INC 2,500.00 882 65318 11/21/07 G0401 G & L TRANSCRIPTIONS OF NJ 540.00 882 65319 11/21/07 G0405 GARTENBERG, MICHAEL 15.00 882 65320 11/21/07 G0408 GRAY, JACK 111.98 882 65321 11/21/07 H0009 HILL PRESS 141.90 882 65322 11/21/07 H0029 HUMPHREYS PEST CONTROL, INC. 169.00 882 65323 11/21/07 H0123 HERTRICH FLEET SERVICES INC. 32,635.82 882 65324 11/21/07 H0181 HOUSER WELDING SUPPLY 115.50 882 65325 11/21/07 H0235 HOOVER TRUCK CENTERS 96.10 882 65326 11/21/07 H0263 WILLIAM PROPERTIES, LLC 185.00 882 65327 11/21/07 I0010 INTERNATIONAL ASSN.OF ARSON 35.00 882 65328 11/21/07 I0067 INDUSTRIAL RUBBER COMPANY 84.82 882 65329 11/21/07 I0069 IHM PARENTS GUILD 700.00 882 65330 11/21/07 J0001 JK OFFICE MACHINES,INC. 480.00 882 65331 11/21/07 J0002 JAEGER LUMBER 1,191.73 882 65332 11/21/07 J0007 AIRGAS EAST 48.46 882 65333 11/21/07 J0052 J.H. REID ON-SITE RECYCLING 5,810.00 882 65334 11/21/07 J0080 JANSEN, BUCCO, DEBONA & SEMRAU 658.00 882 65335 11/21/07 K0133 KOENIG, STUART R., ESQ. 5,152.00 882 65336 11/21/07 K0190 KEER ELECTRICAL SUPPLY CO 930.70 882 65337 11/21/07 K0199 KRAV MAGA ISRAEL LLC 995.00 882 65338 11/21/07 L0060 LAB SAFETY SUPPLY INC 2,691.45 882 65339 11/21/07 L0196 LORMAN EDUCATION SERVICES 319.00 882 65340 11/21/07 L0197 L.P. STATILE, INC. 577.00 882 65341 11/21/07 L0200 LASER TECHNOLOGY, INC. 65.00 882

65342 11/21/07 L0258 LANGUAGE LIZARD, LLC 25.90 882 65343 11/21/07 L0285 LEGAL SERVICES OF NJ 52.00 882 65344 11/21/07 M0001 MARTINSVILLE AUTO PARTS 1,088.90 882 65345 11/21/07 M0006 MGL PRINTING SOLUTIONS 304.50 882 65346 11/21/07 M0010 MOBILE LAWNMOWER SERVICE, INC. 373.83 882 65347 11/21/07 M0011 L-3 COMMUNICATIONS-MOBILE 614.17 882 65348 11/21/07 M0018 MORRISTOWN LUMBER & SUPPLY CO 79.98 882 65349 11/21/07 M0062 MARSHALL CAVENDISH CORPORATION 159.94 882 65350 11/21/07 M0113 MAJOR POLICE SUPPLY 105.17 882 65351 11/21/07 M0178 MARK'S AUTO SERVICE 150.00 882 65352 11/21/07 M0235 MORRISTOWN MEMORIAL HOSPITAL 113.00 882 65353 11/21/07 M0279 MITZNER, SCOTT C. 1,029.17 882 65354 11/21/07 M0342 MORTON'S MARKETING RESOURCES 1,889.45 882 65355 11/21/07 M0381 METEORLOGIX 462.00 882 65356 11/21/07 M0518 KONICA MINOLTA BUSINESS SOL. 460.48 882 65357 11/21/07 M0600 MACK BORING & PARTS CO 755.00 882 65358 11/21/07 M0604 MATHEWS, STEPHEN 250.00 882 65359 11/21/07 N0006 NEW JERSEY AMERICAN WATER CO. 0.00 11/21/07 VOID 0 65360 11/21/07 N0006 NEW JERSEY AMERICAN WATER CO. 0.00 11/21/07 VOID 0 65361 11/21/07 N0006 NEW JERSEY AMERICAN WATER CO. 36,446.41 882 65362 11/21/07 N0017 NJ STATE LEAGUE OF MUNICIPAL. 7.00 882 65363 11/21/07 N0032 NJ STATE DEPT HEALTH/SR SVCS 16.80 882 65364 11/21/07 N0058 NESLO PETROLEUM PRODUCTS 715.00 882 65365 11/21/07 N0064 NEW JERSEY LIBRARY ASSOCIATION 250.00 882 65366 11/21/07 N0083 NJRPA 100.00 882 65367 11/21/07 N0118 NATURE'S CHOICE CORPORATION 1,680.00 882 65368 11/21/07 N0124 NJ HEALTH OFFICERS ASSOCIATION 55.00 882 65369 11/21/07 N0304 NRPA 125.00 882 65370 11/21/07 N0322 NEXTEL COMMUNICATIONS 1,163.83 882 65371 11/21/07 N0333 NJ PUBLIC SAFETY ACCRED COAL 750.00 882 65372 11/21/07 N0337 NEW JERSEY CONSERVATION FNDTN 5,407.50 882 65373 11/21/07 N0361 NUSHIELD INC. 151.28 882 65374 11/21/07 O0006 OXFORD UNIVERSITY PRESS INC 75.75 882 65375 11/21/07 O0021 OFFICE DEPOT 2,217.46 882 65376 11/21/07 O0046 OCS PRINTING 673.00 882 65377 11/21/07 O0061 O2 SPORTS 719.70 882 65378 11/21/07 P0006 POLICE PETTY CASH 52.59 882 65379 11/21/07 P0009 POSTMASTER - BASKING RIDGE 585.33 882 65380 11/21/07 P0014 PUBLIC SERVICE ELEC. & GAS CO 251.02 882 65381 11/21/07 P0016 PAPER MILL PLAYHOUSE 350.00 882 65382 11/21/07 P0021 PETERSON'S 46.09 882 65383 11/21/07 P0051 POSTMASTER, BASKING RIDGE 287.00 882 65384 11/21/07 P0224 PHONEXTRA 105.00 882 65385 11/21/07 P0377 PRINCETON HYDRO, LLC 4,630.00 882 65386 11/21/07 P0392 PLANET EARTH RECYCLING, INC. 77.00 882 65387 11/21/07 Q0001 QUALITY BOOKS INC. 110.91 882 65388 11/21/07 Q0005 QUALITY AUTOMOTIVE CO. 673.37 882 65389 11/21/07 R0004 RECORDED BOOKS INC. 1,619.40 882 65390 11/21/07 R0005 RECORDER PUBLISHING COMPANY 653.76 882 65391 11/21/07 R0134 RICCIARDI BROTHERS, INC. 660.00 882 65392 11/21/07 R0367 R & R TROPHY & SPORTING GOODS 492.69 882 65393 11/21/07 S0016 STORR TRACTOR COMPANY 256.69 882 65394 11/21/07 S0021 S & S WORLDWIDE, INC. 378.44 882 65395 11/21/07 S0045 STANDARD & POOR'S CORPORATION 1,432.92 882 65396 11/21/07 S0047 ORION SAFETY PRODUCTS 729.80 882 65397 11/21/07 S0066 SOMERSET HILLS FLORIST 125.00 882 65398 11/21/07 S0067 SOMERSET COUNTY TREASURER 190,031.19 882 65399 11/21/07 S0068 SOMERSET COUNTY TREASURER 20,504.21 882 65400 11/21/07 S0069 SAL'S AUTO BODY INC. 2,766.68 882 65401 11/21/07 S0103 SOMERSET GRAIN FEED & SUPPLY 89.55 882 65402 11/21/07 S0136 SOCIETY HILL AT BERNARDS II 7,080.45 882 65403 11/21/07 S0147 SCREEN STYLES 439.00 882 65404 11/21/07 S0227 SHEARON ENVIROMENTAL DESIGN CO 21,525.00 882

65405 11/21/07 S0302 SEMCOR EQUIPMENT CORP. 153.04 882 65406 11/21/07 S0356 SOMERSET COUNTY EMERGENCY 100.00 882 65407 11/21/07 S0443 STAPLES BUSINESS ADVANTAGE 827.95 882 65408 11/21/07 S0579 SPECIALTY AUTOMOTIVE EQUIP CO. 124,998.00 882 65409 11/21/07 S0580 SENCOMMUNICATIONS 257.73 882 65410 11/21/07 S0628 STATE OF NEW JERSEY-HB 141,897.35 882 65411 11/21/07 S0656 STADIUM AUTO MALL SALES, INC 439.89 882 65412 11/21/07 S0681 SEALMASTER 264.59 882 65413 11/21/07 S0691 SUPERIOR DISTRIBUTORS 250.62 882 65414 11/21/07 T0066 THOMSON 302.07 882 65415 11/21/07 T0154 TILCON NEW YORK, INC. 2,077.68 882 65416 11/21/07 T0231 TOTAL LUBRICATION SVCS&SUPPLY 236.76 882 65417 11/21/07 T0263 TRENTON TRACTOR & EQUIPMENT 31,575.00 882 65418 11/21/07 U0032 USI, INC. 183.59 882 65419 11/21/07 U0040 URUCORP MAINTENANCE CONTRACTOR 4,955.41 882 65420 11/21/07 U0065 U.S. LUBES 1,824.15 882 65421 11/21/07 V0008 VITAL COMMUNICATIONS, INC. 2,611.70 882 65422 11/21/07 V0020 VILLAGE OFFICE SUPPLY 44.99 882 65423 11/21/07 V0037 VILLAGE SUPERMARKET, INC. 100.14 882 65424 11/21/07 V0056 VERIZON WIRELESS 2,412.84 882 65425 11/21/07 V0058 VERIZON 0.00 11/21/07 VOID 0 65426 11/21/07 V0058 VERIZON 1,791.50 882 65427 11/21/07 V0059 VERIZON CABS 194.40 882 65428 11/21/07 W0002 WARNOCK DODGE 825.32 882 65429 11/21/07 W0014 WARNOCK FLEET 64,897.00 882 65430 11/21/07 W0016 WARRENVILLE TRUE VALUE 937.34 882 65431 11/21/07 W0078 WORK 'N WEAR STORE 120.00 882 65432 11/21/07 W0122 WILLIAMS HARLEY-DAVIDSON 475.73 882 65433 11/21/07 W0153 EMTEC / WESTWOOD COMPUTER CORP 380.00 882 65434 11/21/07 W0187 WASTE MANAGEMENT OF NJ, INC 6,819.75 882 65435 11/21/07 W0210 WILD, ANN 170.00 882 65436 11/21/07 W0238 WHITEWATER WEST INDUSTRIES,LTD 5,000.00 882 65437 11/21/07 W0253 WINTERS STAMP MFG CO 19.75 882 65438 11/21/07 X0005 XTEL COMMUNICATION 1,020.63 882 65439 11/21/07 Y0005 YANNACCONE, VILLA & ALDRICH 10,750.00 882 65440 11/21/07 Z0031 ZIEMANN, BOB 200.00 882 Total Checks: 214 Total Void Checks: 12 Total Amount Void: 0.00 Total Amount Paid: 8,485,613.54 --------------------------------------------------------------------------------------------------------- Fund Description Fund Budget Fund Total Revenue Fund Total --------------------------------------------------------------------------------------------------------- CURRENT FUND 6-01 7,483.49 0.00 CURRENT FUND 7-01 8,142,940.01 0.00 DOG FUND 7-12 1,662.40 0.00 TRUST FUNDS 7-13 72,645.92 0.00 GOLF COURSE UTILITY 7-26 35,840.34 0.00 ---------------- -------------- Year Total: 8,253,088.67 0.00 CAPITAL FUND C-04 217,777.99 0.00 GRANT FUND G-02 7,263.39 0.00 ================ ============== Total Of All Funds: 8,485,613.54 0.00

TOWNSHIP COMMITTEE MINUTES

11/21/2007 PAGE 9 OF 29

Resolution #070536 - Authorizing Hunting within 450 Feet of the Bernards Township Engineering Services Building in Conjunction with the 2007-2008 Community Based Deer Management Program in Bernards Township WHEREAS, the Bernards Township Deer Management Program has now been operated safely and effectively under the direction and supervision of the Bernards Township Police Department and the Bernards Township Deer Management Administrator for the past six seasons, and WHEREAS, pursuant to Resolutions #07287 adopted by the Bernards Township Committee on May 29, 2007, the Township authorized a 2007-2008 Deer Management Program; and WHEREAS, pursuant to N.J.S.A. 23:4-16d “No person, except the owner or lessee of the building and persons specifically authorized by him in writing, which writing shall be in the person's possession, shall, for the purpose of hunting, taking or killing any wildlife, have in his possession a loaded firearm or nocked arrow while within 450 feet of any occupied building in this State, or of any school playground”; and WHEREAS, the Deer Management Advisory Committee has requested that their authorized hunters be granted permission to hunt at one or more sites within Tract 2 which are less than 450 feet from the Bernards Township Engineering Services Building at 277 S. Maple Avenue in Basking Ridge; and WHEREAS, the Bernards Township Engineering Services Building is owned by the Township of Bernards. NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that we do hereby grant permission for authorized hunters of the 2007-2008 Deer Management Program to hunt within 450 feet of the Bernards Township Engineering Services Building at 277 S. Maple Avenue in Basking Ridge Tract 2; and NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Committee of the Township of Bernards that we do hereby direct that each authorized hunter be directed to carry on his person, a copy of this resolution when hunting Tract 2; and NOW THEREFORE BE IT FINALLY RESOLVED, by the Township Committee of the Township of Bernards that we do hereby direct the Deer Management Administrator to provide written notification to the Township Engineer, DPW Director and Construction Code Official of hunt dates at Tract 2 at least 24 hours in advance of scheduled hunting.

Resolution #070539 - Approval of Special Event, Boy Scout Troop 54 Wreath Sale, Allen Street Gazebo, November 23 and 24, 2007 WHEREAS, Laura Worstell, representing the Boy Scout Troop 54, hereinafter “the applicant,” has requested permission to hold a Wreath Sale on November 23 and 24, 2007 at the Allen Street Gazebo from 9 AM to 3 PM for the purpose of purpose of funding raising; and WHEREAS, the applicant has satisfied the requirements of the Revised General Ordinances of the Township of Bernards; and




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WHEREAS, the Municipal Clerk, Recreation Director, Risk Manager, Police Chief, and Administrator have reviewed the application and recommend approval. WHEREAS, no municipal services as required in conjunction with the event. NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that the request for the special event permit is hereby approved.

Resolution #070540 - Authorizing the Discharge of the Mortgage made as part of the Bernards Township Housing Rehabilitation Program by Lucille Conklin WHEREAS, Lucille Conklin is the owner of property designated as Lot 6-167 in Block 178.01 on the Tax Map of the Township of Bernards, in the County of Somerset, State of New Jersey, commonly known as 167 Irving Place (the “Property”); WHEREAS, Lucille Conklin received monetary assistance in the form of a forgiveable loan through the Bernards Township Housing Rehabilitation Program for the purpose of correcting housing defects and bringing them up to the housing code standards, WHEREAS, as part of the terms of such monetary assistance Lucille Conklin entered a Mortgage on October 10, 2001, in the amount of Four Thousand Nine Hundred Sixty Five ($4,965.00) Dollars for the Property to The Township of Bernards, which Mortgage was recorded or registered in the office of the Somerset County Clerk on October 12, 2001, in Mortgage Book 5049, Page 2734, Instrument No. 2001365540; WHEREAS, the terms of the forgivable loan, consisting of the requirement to own and occupy the Property as a primary residence for a six (6) year period, have been met by Lucille Conklin; WHEREAS, Donald Davis, Township Housing Administrator, has confirmed that the six (6) year housing affordability control period has expired and there are no further monies owed by Lucille Conklin in connection with the Mortgage of the Property to the Township of Bernards; and WHEREAS, based on the above, Lucille Conklin has met the obligations for and is entitled to a Discharge of the Mortgage; NOW, THEREFORE, BE IT RESOLVED THAT the Township Committee of Bernards Township, County of Somerset, hereby authorizes the execution of the attached Discharge of Mortgage and recording of the same with the Somerset County Clerk.

Resolution #070542 - Personnel Appointment, Katherine Hutchinson – Per Diem Smoke Detector Inspector, Fire Prevention Bureau WHEREAS, the Per Diem position of Smoke Detector Inspector is was approved in the 2007 budget process; and, WHEREAS, the Fire Official, Township Administrator, and Human Resources Manager have deemed it necessary to fill this position; and,



WHEREAS, Katherine Hutchinson has applied for and is qualified to fill said position; and WHEREAS, the Fire Official, Township Administrator, and Human Resources Manager recommend the appointment of Katherine Hutchinson for Per Diem Smoke Detector Inspector; and NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that Katherine Hutchinson be appointed Per Diem Smoke Detector Inspector effective November 27, 2007, at an hourly rate of $11.00. Offer of employment is pending the results of pre-employment screening as per township policy.

Resolution #070543 - Award of Contract for Telecommunications Audit to Com-Logic Partners, LLC WHEREAS, the Township of Bernards requires a telecommunications audit services; and WHEREAS, pursuant to N.J.S.A. 19:44A 20-4, the Purchasing Agent advertised and solicited quotations from known companies engaged in this field of expertise as follows: Vendor

All-Biz-Inc ATX

Com-Logic Partners LLC Data Network Solutions Xtel Communications

and WHEREAS, a proposal for such services was received pursuant to the Request for Proposal for a telecommunications audit as listed below;

Vendor Com-Logic Partners LLC

and WHEREAS, Com-Logic will perform such services as outlined; Com-Logic shall collect all data required such as service providers’ contracts, service types, billing account numbers and any other proprietary documents to adequately perform the billing transition and audit work. Com-Logic may obtain BERNARDS TOWNSHIP records and documentation directly from Telecom Service Provider(s) in order to provide this service. Billing Compliance:


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Com-Logic shall audit and analyze service providers invoice information provided by BERNARDS TOWNSHIP and respective provider(s) for the primary purpose of achieving cost savings and/or to prepare the services for migration to approved vendors. The minimum requirements of the review and identification, shall include, but not be limited to the following:



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Identify Billing Errors and/or Discrepancies: Com-Logic shall audit circuit invoices for the primary purpose of identifying errors and discrepancies, including, but not limited to overcharges, tariff contract discrepancies, and discrepancies between the invoice audit and physical audit. Com-Logic shall implement cross reference processes to compare actual invoices with BERNARDS TOWNSHIP service records, contracts, rates, tariff inventory from physical audits and any other elements that may result in significant cost savings. Report on Recommended Recoverable Amounts: Com-Logic shall provide a report of recommendations for recovery to BERNARDS TOWNSHIP for their review and approval prior to pursuing recovery from respective service provider(s). Tax Audit Limitations: For tax purposes, Com-Logic’s engagement shall be limited to errors or discrepancies proportionately and directly related to service charge reductions as a result of overcharges in services or incorrect service usage coding. Additional tax offerings are available upon request. Site Inspection & Audit Validation: Com-Logic shall perform a physical audit of BERNARDS TOWNSHIP voice and data circuits at site locations identified and approved by BERNARDS TOWNSHIP for the primary purpose of providing BERNARDS TOWNSHIP a complete and accurate inventory of end-to-end circuit information with validation against the completed invoice audit records. The minimum requirements of the physical audit, shall include, but not be limited to: Physically inspect each site to identify all circuits (whether in service or out of service) and compare against invoice audit information, BERNARDS TOWNSHIP service records and/or any other information provided by BERNARDS TOWNSHIP or service provider(s). Circuit Identification and Documentation: Identify all circuits coming into the building(s) point of presence (“POP”) or point of termination (“POT”), trace to equipment termination point and provide the following information in the required circuit database format.

Identify all non-working circuits. Identify all circuits in service, but not in use. Verify cross-connect to BERNARDS TOWNSHIP equipment. Provide punch-down block, jack and pin information for each circuit. Identify rack, shelf, port, model and serial number of BERNARDS TOWNSHIP equipment

for all circuit terminations. (Optional) Optimization Strategies: As a result of the review, conversion and/or physical audits, Com-Logic will provide strategies that would result in current and future cost savings for BERNARDS TOWNSHIP. BERNARDS TOWNSHIP shall have the right to accept or reject any optimization recommendations provided by Com-Logic. The minimum requirements of the optimization recommendations, shall include, but not be limited to:


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Improved service provider rates, disconnects of unused circuits preventing future billing, identifying billing discrepancies, and/or optimization of existing circuits. Implementation of Approved Strategies: As a result of any and all approved strategies, Com-Logic will use all reasonable efforts to work with BERNARDS TOWNSHIP to implement such strategies in an expeditious manner; whereas a technology or carrier change may take place. In such case(s) by which a simple billing change needs to occur, Com-Logic will spearhead that change on its own. All strategies will be validated through a follow up billing review.

Circuit Inventory Database: Com-Logic shall develop a circuit inventory database that provides a complete and accurate inventory of all circuits, either originating or terminating, at a BERNARDS TOWNSHIP facility or other certified BERNARDS TOWNSHIP facility for which they are being billed (based on the contracts, BERNARDS TOWNSHIP service records and/or invoice and physical audits). Com-Logic will deliver the circuit database to BERNARDS TOWNSHIP in either Excel format, or other agreed upon format. An example of the Circuit Database format and information required is attached hereto as Exhibit D. BERNARDS TOWNSHIP reserves the right to include additional fields, but must be agreed to in writing by both parties. The minimum requirements of the circuit database, shall include, but not be limited to, the following:

Service Provider Name Account Number A Location (originating)

o Location Name o Building Address o Floor/Office Suite Number o City o State o Postal Code o Country

Z Location (terminating) o Location Name o Address o City o State o Postal Code o Country

Demarcation point, including RJ and Pin position (Optional) Circuit Type Circuit ID, (Billing Circuit ID) Carrier Circuit ID where applicable Date Installed Circuit Cost End Equipment (CPE) (Optional)

Billing Transition to Approved Service Provider: Transition all validated and approved services to new service providers. To include:


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Process all necessary name and billing address changes on behalf of the client Consolidate all billing onto corporate plans (when available) Move billing to the preferred media format of choice (i.e. electronic or paper)

WHEREAS, Com-Logic proposes a revenue service pricing structure as follows:

Pricing Scenarios Estimated Fee Contingency fee on all Refunds and/or Credits obtained

35%

Contingency fee based surplus of service identified as no longer required and in turn disconnected. (Township failure to request termination of service)

35%

Travel Expense (If required) billed as “pass through” to Client

N/A

WHEREAS, this contract has been awarded to Com-Logic Partners LLC., through a "fair and open process" pursuant to N.J.S.A. 19:44A-20.4, et seq." NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards a contract be awarded to Com-Logic Partners, LLC, 66 East Main Street, Little Falls, NJ 07424 as follows: 1. The contract will encompass services as outlined in the submitted proposal dated August 22,

2007, attached as Exhibit A. 2. The contract term is from November 21, 2007 through March 31, 2008. 3. Billings must be rendered by the contractor within 30 days of service delivery. 4. Any modification to this contract shall be in writing and signed by both parties and upon

obtaining said signatures shall immediately become part of the contract. 5. Either party upon 10 days written notice via certified mail may terminate this contract. 6. As required by law, the parties to this contract agree to incorporate into this contract the

mandatory affirmative action language promulgated by the Treasurer pursuant to P.L. 1975, c.127, which is attached to this resolution as Exhibit A.

7. This contract shall, for all purposes, be deemed a New Jersey Contract and any provisions of this contract shall be governed and interpreted with the Laws of the State of New Jersey.

8. The contractor shall report directly to Christopher Kyriacou, Director of IT who will be the chief contact for the Township of Bernards on this project.

I agree to the terms as stated in the Resolution and by signing this document I, Charles DiPietro, President, for Com-Logic Partners, LLC, am committed to follow all terms of this award.

________________________________________ Charles DiPietro, President

Resolution #070544 - 2008 Holiday Schedule NOW, BE IT RESOLVED, by the Township Committee of the Township of Bernards that the 2008 Holiday Schedule is as follows:



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Tuesday, January 1, 2008 New Year’s Day Monday, January 21, 2008 Martin Luther King, Jr. Day Monday, February 18, 2008 President’s Day Friday, March 21, 2008 Good Friday Monday, May 26, 2008 Memorial Day Friday, July 4, 2008 Independence Day Monday, September 1, 2008 Labor Day Monday, October 13, 2008 Columbus Day Thursday, November 27, 2008 Thanksgiving Day Friday, November 28, 2008 Day after Thanksgiving Day Thursday, December 25, 2008 Christmas Day Friday, December 26, 2008 Day after Christmas Plus one (1) floating holiday.

Resolution #070549 - Personnel Appointment, Margaret Struzienski – Substitute Crossing Guard, Police Department WHEREAS, the position of Crossing Guard is a necessary function of the Police Department; and WHEREAS, Margaret Struzienski has applied for and is qualified to fill said position; and WHEREAS, the Police Chief, Township Administrator and Human Resource Manager recommend appointment of Margaret Struzienski to the position of part time Substitute Crossing Guard – Police Department; NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that Margaret Struzienski be appointed part time Substitute Crossing Guard – Police Department effective November 26, 2007 at an hourly rate of $12.50.

Resolution #070550 - Personnel Appointment, Gail Suiter. Crossing Guard, Police Department WHEREAS, the part time position of Crossing Guard became available due to resignation; and WHEREAS, the Police Chief, Township Administrator, and Manager of Human Resources have deemed it necessary to fill this position; and WHEREAS, Gail Suiter has applied for and is qualified to fill said position; and WHEREAS, the Police Chief, Township Administrator and Manager of Human Resources recommend appointment of Gail Suiter to the position of part time Crossing Guard – Police Department; and NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that Gail Suiter be appointed part time Crossing Guard – Police Department effective October 26, 2007 at an hourly rate of $12.50.




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Resolution #070551 - Personnel Appointment, Kathleen Fernandez, Crossing Guard, Police Department WHEREAS, the part time position of Crossing Guard became available due to resignation; and WHEREAS, the Police Chief, Township Administrator, and Manager of Human Resources have deemed it necessary to fill this position; and WHEREAS, Kathleen Fernandez has applied for and is qualified to fill said position; and WHEREAS, the Police Chief, Township Administrator and Manager of Human Resources recommend appointment of Kathleen Fernandez to the position of part time Crossing Guard – Police Department; and NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that Kathleen Fernandez be appointed part time Crossing Guard – Police Department effective November 26, 2007 at an hourly rate of $12.50.

Resolution #070552 - Return of Performance Surety for The Pingry Corporation, Middle School Addition, Block 190, Lot 26 WHEREAS, the Development Control Officer of the Township of Bernards, Somerset County, New Jersey, 07920, has the following Performance Surety: Name of Applicant: The Pingry Corporation Address: Martinsville Road, PO Box 366 Martinsville, NJ 08836 Performance Surety: B1013865 Insurance Company: Selective Insurance Company Address: 40 Wantage Ave. Branchville, NJ 07890 Amount: $337,365.00 Cash Portion: $39,707.22 WHEREAS, the aforesaid applicant is requesting return of their Performance Surety and WHEREAS, the Township Engineer recommends return of the Performance Surety to the applicant, and WHEREAS, no Maintenance Surety required. NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that the aforesaid Performance Surety be released to the above named applicant.

Resolution #070554 - Approval of Developer’s Agreement, Emerald Valley At Warren LLC, Whispering Wood, Block 187, Lot 46 WHEREAS, Section 21-58A of the Revised Land Use Ordinance of the Township of Bernards requires that as a condition of final approval, a Developer’s Agreement pursuant to Section 21-





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58A.1. shall be provided by the applicant for review and comment of the Township Engineer, in consultation with the Township Attorney as the Township Engineer may deem appropriate, and WHEREAS, the Developer’s Agreement must be approved by the Township Committee upon recommendation of the Township Engineer; and WHEREAS, there shall be executed a Developer’s Agreement between the developer and the Township incorporating all of the terms and conditions of approval imposed by the board in the form set forth in “Appendix C” of the Revised Land Use Ordinance of the Township of Bernards; and WHEREAS, a developer must use the pre-printed form which is available from the Township Engineering Department; and WHEREAS, the Township Engineer may revise the pre-printed form from time to time, provided such revisions may not alter the substance of such forms authorized by an ordinance implementing the revision; and WHEREAS, Jaffa Building LLC has submitted a Developer’s Agreement with respect to Emerald Valley At Warren LLC pursuant to preliminary approval by the Planning Board dated February 2, 2006; and final approval dated November 21, 2006; and WHEREAS, the Township Engineer and Township Attorney have approved the Developer’s Agreement; NOW THEREFORE BE IT RESOLVED, pursuant to Section 21-58A of the revised Land Use Ordinance of the Township of Bernards that the aforesaid developer’s agreement is hereby approved as to form and substance by the Township Committee of the Township of Bernards.

Resolution #070556 - Approval of Developer’s Agreement, High Hill Court (Overlook Ave. Subdivision), Block 164, Lot 52.01-52.03 WHEREAS, Section 21-58A of the Revised Land Use Ordinance of the Township of Bernards requires that as a condition of final approval, a Developer’s Agreement pursuant to Section 21-58A.1. shall be provided by the applicant for review and comment of the Township Engineer, in consultation with the Township Attorney as the Township Engineer may deem appropriate, and WHEREAS, the Developer’s Agreement must be approved by the Township Committee upon recommendation of the Township Engineer; and WHEREAS, there shall be executed a Developer’s Agreement between the developer and the Township incorporating all of the terms and conditions of approval imposed by the board in the form set forth in “Appendix C” of the Revised Land Use Ordinance of the Township of Bernards; and WHEREAS, a developer must use the pre-printed form which is available from the Township Engineering Department; and



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WHEREAS, the Township Engineer may revise the pre-printed form from time to time, provided such revisions may not alter the substance of such forms authorized by an ordinance implementing the revision; and WHEREAS, Millington Quarry Inc. has executed a Developer’s Agreement with the Township on February 22, 2007, approved by Resolution # 070206 dated March 27, 2007; and WHEREAS, Millington Quarry Inc. has sold the property; and WHEREAS, Millington Quarry Inc. has submitted a Developer’s Agreement with respect to High Hill Court pursuant to preliminary approval by the Planning Board dated March 18, 2003; and final approval dated May 16, 2006; and WHEREAS, the Township Engineer and Township Attorney have approved the Developer’s Agreement; NOW THEREFORE BE IT RESOLVED, pursuant to Section 21-58A of the revised Land Use Ordinance of the Township of Bernards that the aforesaid developer’s agreement is hereby approved as to form and substance by the Township Committee of the Township of Bernards.

Resolution #070558 - Return of Cash Site Restoration Surety for Millington Quarry Subdivision, (Bettlar Tract), Block 150, Lot 6 WHEREAS, the Development Control Officer of the Township of Bernards, Somerset County, New Jersey, 07920, has the following Cash Site Restoration Surety: Name of Applicant: Millington Quarry Inc. Address: PO Box 407 Millington, NJ 07946 Cash Site Restoration Surety: $68,142.90 WHEREAS, the aforesaid applicant is requesting return of their Cash Site Restoration Surety and WHEREAS, the Township Engineer recommends return of the Cash Site Restoration Surety to the applicant. NOW, THEREFORE BE IT FURTHER RESOLVED, by the Township Committee of the Township of Bernards that the aforesaid Cash Site Restoration Surety be released to the above named applicant.

Resolution #070559 - Approval of Street Name for Victor Michaels/Boulder Construction Subdivision, Block 164, Lots 50 & 51 WHEREAS, pursuant to §21-36.10 of the Revised Land Use Ordinances of the Township of Bernards, a developer shall submit all proposed street names to the Township Committee for its review and approval; and




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WHEREAS, Boulder Construction has submitted the following proposed street name: BELMONT COURT; and WHEREAS, pursuant to § 21-36.10, the Township Engineer has reviewed the proposed name and determined that the street name shall not conflict with or be mistaken for any existing street name in the municipality or postal zip code. NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards, that the street name BELMONT COURT be approved; and NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Committee of the Township of Bernards that BELMONT CT be utilized as the official database name for BELMONT COURT.

**End Consent Agenda Items**

Resolution #070537 - Authorizing a Contribution of an Amount Not to Exceed $6,300 for Professional Legal Services to the Township of Bedminster for the EDC Rate Case Motion by Chaudry, second by Carpenter, that Resolution #070537 be approved. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried. WHEREAS, Bedminster Township is requesting financial support to join together as a community of interest in protecting residents from sewer rates that are unfair; and WHEREAS, Bedminster Township adopted on 10/22/07 resolution #2007-151 which retains the services of Joel Kobert, Esq. of Courter, Kobert & Cohen, PC in an amount not to exceed $20,000.00, to represent them in the Environmental Disposal Corporation’s Petition for an increase in rates; and WHEREAS, Bernards Township believes it is in the best interest of its citizens who will be affected by the decision of the EDC rate case to have representation; and WHEREAS, the percentage of users for EDC in the franchise area is Bedminster 68.5% and Bernards 31.5%; and WHEREAS, Bernards Township will reimburse Bedminster Township 31.5% of the legal services cost of this representation up to a maximum of $6,300.00 (31.5% x $20,000); and WHEREAS, the treasurer has certified funds are available in the Legal O/E account #7-01-20-155-204 line item appropriation or ordinance.


NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards, that a contribution in a not to exceed amount of $6,300.00 be authorized to retain Courter, Kobert & Cohen, PC.

TREASURER’S CERTIFICATION I, Terri Johnson, Supervisor of Treasury Services of the Township of Bernards, hereby certify that adequate funds are available for the above referenced purchase in the amount not to exceed $6,300.00. Monies are available in the 2007 Legal Expenses operating budget. Date: November 5, 2007

Terri Johnson, Supervisor of Treasury Services

Resolution #070548 - Unused Accrued Vacation and Comp Time Payment Due Sgt. William Brown, Police Department Motion by Carpenter, second by Chaudry, that Resolution #070548 be approved. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried. WHEREAS, the Township Committee adopted Resolution No. 060504 relating to retirement sick time incentive payout at their regularly meeting of November 22, 2006; and WHEREAS, Sgt. William Brown will be resigning from the Bernards Township Police Department effective November 15, 2007; and WHEREAS, per the requirements of the Township’s Personnel Policy, William Brown is entitled to unused accrued vacation and comp time payments in amounts as calculated below based on an hourly rate of $45.94. Amount may fluctuate should Sgt. Brown take any paid time off from the date of this resolution to his actual retirement date. The amount will not be more, but may be less. Total Hours Available Amount Due Vacation 89.33 $4,103.82 Comp Time 206.0 $9,463.64 NOW, THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that the unused accrued vacation and comp time payment be approved and distributed in the next available pay cycle.

TREASURER’S CERTIFICATION I, Terri Johnson, Supervisor of Treasury Services for Bernards Township, do hereby certify that there are adequate funds for this expenditure. Funds are available in the 2007 Police S&W (up to $13,567.46). Date: 11/12/2007


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Resolution #070553 - 2008 Fee Schedule for the Coakley-Russo Memorial Golf Course Motion by Carpenter, second by Chaudry, that Resolution #070553 be approved. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried. WHEREAS, The Bernards Township Golf Advisory Committee has recommended that fees be adopted for the 2008 golf season, NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that the following will constitute the fees for membership in, and use of, the golf course for 2008:

Weekday Early Weekday Regular Full Early Full Regular Limited Use Senior Membership Application Fee Irrigation Assessment Late Fee – Membership Renewal

$360.00 $385.00 $410.00 $435.00 $300.00 $25.00 $300.00 $100.00

Guest Fee Weekday Guest Fee Weekend/Holiday Pre-paid Guest Pass (10 rounds, Mon-Fri)

$13.00 per 9 Holes $16.00 per 9 Holes $100.00 per pass

Pull Cart Rental Golf Spikes (22) Tees (10)

$1.00 $5.00 per set $0.25 per set

Registration fee for the NJ State Golf Association (This fee is an optional fee for members who wish to develop a USGA Handicap)

$15.00 per member

ID Replacement Fee $20.00

Resolution #070560 - 2008 Fee Schedule for Pleasant Valley Pool Motion by Carpenter, second by Chaudry, that Resolution #070560 be approved. Roll Call:


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Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried. WHEREAS, The Bernards Township Pool Commission has recommended that fees be adopted for the 2008 pool session in accordance with Chapter 2, Section 20, Subsections 20.3, 20.4, 20.5, and 20.6, and these fees appear below. NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that the following will constitute the fees for membership in, and use of, the municipal pool for 2008:

CATEGORY 2008 MEMBERSHIP APPLICATION $25.00 RENEWAL FULL FAMILY MEMBERSHIP Early Payment – Due 2/8/08 Regular Payment – Due 3/7/08

$340.00 $395.00

RENEWAL OF OFF-PEAK FAMILY MEMBERSHIP Early Payment – Due 2/8/08 Regular Payment – Due 3/7/08

$265.00 $305.00

RENEWAL SINGLE MEMBERSHIP Early Payment – Due 2/8/08 Regular Payment – Due 3/7/08

$230.00 $270.00

SENIOR CITIZENS Early Payment – Due 2/8/08 Regular Payment – Due 3/7/08

$70.00 $80.00

NEW FULL FAMILY MEMBERSHIP Initiation Fee Membership Fee Total

$400.00 $395.00 $795.00

NEW FAMILY OFF-PEAK MEMBESHIP Initiation Fee Membership Fee Total

$400.00 $305.00 $705.00

NEW SINGLE MEMBERSHIP Initiation Fee Membership Fee Total

$200.00 $270.00 $470.00

NEW SENIOR MEMBERSHIP Initiation Fee Membership Fee Total

$0.00

$80.00 $80.00


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AUGUST ONLY MEMBERSHIP Membership Fee

$200.00

UPGRADE OF SINGLE TO FAMILY MEMBERSHIP Initiation Fee Plus appropriate membership fee

$200.00

LAPSED MEMBERSHIP RE-INITIATION Family Membership Re-initiation Single Membership Re-initiation Both in addition to appropriate membership fee

$200.00 $100.00

MEMBERSHIP LATE FEE Renewals: In addition to appropriate Renewal fee if received after 3/7/08 In addition to appropriate Renewal fee if received after 4/4/08 In addition to appropriate Renewal fee if received after 5/2/08 New Offers: In addition to appropriate initiation & membership fee if received after offer deadline if space is available

$100 $150 $200

$100

FAMILY SPONSORED BABYSITTER, NANNY PASS $150.00 GUEST RATES Weekday (all guests over 2 yrs.) Weekend (all guests over 2 yrs.) Senior 60+ Weekday Senior 60+ Weekend Guests under 2 years

$6.00

$10.00 $3.00 $5.00

FREE PRE-PAID 20 PUNCH GUEST PASS $100.00 ACTIVITIES Drop-In Crafts Aqua Aerobics Swim Lessons Swim Team & Pre Team - per child Swim Team – per pool employee Swim Team & Pre-Team Late Fee – per child in addition to registration fee if received after deadline

$1.00

$30.00 $30.00 $80.00 $10.00 $20.00

SWIM DIAPER $1.00 PHOTO I.D. REPLACEMENT $20.00

Maximum Number of Memberships Allowed

Family (Full & Off-Peak) 1,150 Single 75 Senior Citizen Unlimited August Only 100

NOTES REGARDING FEES:

1. Application Fee is deducted from the cost of membership when a new offer is made. 2. Members must maintain membership in good standing or follow lapse of membership

procedures to avoid paying another full initiation fee and having to place their name back on


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the waitlist for membership. 3. Re-Initiation Fees are charged when notification of a temporary move out of the Township of

5 years or less is received and accepted. Upon resumption of residency they must reapply for membership, will be moved to the top of the waitlist and will be charged the appropriate initiation and membership fee.

4. Deadlines and Late Fees: o Late fees are in addition to the appropriate membership and initiation fees and charged

according the dates listed in this fee schedule. Deadlines for new offers will be set according to when they were mailed. A minimum of two weeks (including weekends) will be given to return a new offer. Senior Memberships will not be charged late fees.

o Membership renewals will be accepted with the appropriate late fee until opening day for the season. Renewals received after opening day will be returned and the family/individual will be placed at the top of the waiting list for the following season. If membership is not renewed the following season, the family/individual will be required to submit a new application to be placed on the waitlist.

o Membership offers will be accepted after their deadline with the appropriate late fee only if memberships are available. If there are no available memberships the applicant will be placed at the top of the waiting list for the following season. If a membership offer is not accepted the following season, the family/individual will be required to submit a new application to be placed on the waitlist.

5. Waving of Fees and Waitlist Procedures: o Each season Fire Company & First Aid Squad Volunteers will each receive one

complimentary punch pass redeemable for up to five family visits to the pool regardless of membership status. Volunteers interested in membership to the pool will be placed at the top of the waitlist.

o The families or individuals recognized by the Township who lost an immediate family member in the September 11th tragedy are eligible for a pool membership with all membership fees, initiation fees and activity fees waived. Children of eligible families may have a free individual membership up to the age of 23. If the surviving spouse re-marries then annual membership fees will be assessed, per type of membership. Free membership to the pool will be extended to the eligible families as long as they meet the requirements for membership to Pleasant Valley Pool, i.e. remain a resident of Bernards Township. Guest fees will the responsibility of the family.

Ordinance #1990 - An Ordinance Accepting the Extension of Edward Court and a Right-of-Way Dedication on Lake Road – Introduction The clerk read the ordinance by title. Motion by Carpenter, second by Chaudry, that Ordinance #1990 be introduced on first reading, advertised as required by law, with a public hearing on 12/11/07. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried.

http://www.bernards.org/File1/TownshipOrdinances/2007/1990.doc


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Be It Ordained by the Township Committee of the Township of Bernards that the Township hereby accepts the Extension of Edward Court and a Right-of-Way Dedication on Lake Road, dedicated to public use. Said roadway, being shown on a map entitled “Major Subdivision, Block 106, Lot 37”, Township of Bernards, Somerset County, New Jersey” as prepared by Page Engineering Consultants, dated 3/11/2004 and filed in the Somerset County Clerk’s Office on May 14, 2004, Book 5585, Page 3223-3224. Ordinance #1991 - Accepting a Conservation Easement on Block 152, Lot 20, from 534 Lyons, LLC, to the Township of Bernards – Introduction The clerk read the ordinance by title. Motion by Chaudry, second by Kelly, that Ordinance #1991 be introduced on first reading, advertised as required by law, with a public hearing on 12/11/07. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried. BE IT ORDAINED, by the Township Committee of the Township of Bernards, in the County of Somerset and State of New Jersey as follows: 1. Pursuant to the Local Land and Buildings Law, N.J.S.A. 40A:12-1 et seq., Bernards

Township hereby accepts from 534 Lyons, LLC, 112 Victoria Drive, Basking Ridge, NJ, 07920, a conservation easement on Block 152, Lot 20, in Bernards Township.

2. The easement/declaration is on file with the office of the township clerk. 3. This Ordinance shall take effect upon its final passage and publication according to law. Ordinance #1992 - An Ordinance Amending the Revised General Ordinances of the Township of Bernards Chapter 27 “Open Space” Section 2 “Open Space Advisory Committee” Concerning Meeting Protocol – Introduction The clerk read the ordinance by title. Motion by Carpenter, second by Kelly, that Ordinance #1992 table 11/27/07. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried.




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Ordinance #1993 - An Ordinance to Amend the General Ordinance of the Township of Bernards, Chapter VII, “Traffic”, Section 7-3.4 and Schedule II, “Parking Prohibited Certain Hours” Regarding Allen Street – Introduction The clerk read the ordinance by title. Motion by Chaudry, second by Carpenter, that Ordinance #1993 be introduced on first reading, advertised as required by law, with a public hearing on 12/11/07. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried. WHEREAS, in order to promote the betterment of public safety there is a need to restrict parking along a portion of Allen Street. NOW, THEREFORE, be it ordained by the Township Committee of the Township of Bernards in the County of Somerset as follows: 1. Schedule II of Chapter VII, “Traffic” of the Revised General Ordinance of the

Township of Bernards is hereby amended as follows (deletion in strikethrough, additions in underlining):

In accordance with the requirements of Section 1 above, no person shall park a vehicle on streets or parts of streets as described within the following sections:

Street Hours Sides Location

Allen Street 8 AM – 8 PM North Beginning at a point at the intersection of North Finley Avenue (CR #613) to a point 178 feet west.

Street Hours Sides Location

Allen Street 8 AM – 8 PM North Beginning at a point 178 feet west of the westerly curb line of North Finley Avenue (CR #613) to a point 25 feet east of easterly curb line of Hillside Terrace.

Street Hours Sides Location Allen Street 8 AM – 8 PM South Beginning at a point 193 feet west of the westerly curb line of North

Finley Avenue (CR #613) to a



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point 25 feet east of easterly curb line of Hillside Terrace.

The remainder of Schedule II remains unchanged.

2. Regulatory signs shall be erected and maintained to effect the above restriction. Ordinance #1994 - Accepting a Sidewalk, Pedestrian Path and Public Access Easement on Block 187, Lot 59.02, from 100 Marketplace, LLC, to the Township of Bernards – Introduction The clerk read the ordinance by title. Motion by Kelly, second by Carpenter, that Ordinance #1994 be introduced on first reading, advertised as required by law, with a public hearing on 12/11/07. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried. BE IT ORDAINED, by the Township Committee of the Township of Bernards, in the County of Somerset and State of New Jersey as follows: 1. Pursuant to the Local Land and Buildings Law, N.J.S.A. 40A:12-1 et seq., Bernards

Township hereby accepts from 100 Marketplace, LLC, 225 Route 202, Basking Ridge, NJ, 07920, a Sidewalk, Pedestrian Path and Public Access Easement on Block 187, Lot 59.02, in Bernards Township.

2. The easement is on file with the office of the township clerk. 3. This Ordinance shall take effect upon its final passage and publication according to law.

Recommendation for Township Committee Action Resolution #070545 - Authorizing Inclusion of Two Additional Tracts of Municipally-owned Property in the Bernards Township Municipal Deer Management Program and Submission of an Amendment to the Community Based Deer Management Permit Requesting Same The Deer Management Coordinator, Dan Snyder, addressed the committee about the properties. Motion by Carpenter, second by Chaudry, that Resolution #070545 be approved. Roll Call: Aye: Carpenter, Chaudry, Kelly, Pavlini Nay: Abstain: Motion carried.


http://www.bernards.org/resolutions/2007/070545RTCA.doc



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WHEREAS, the Bernards Township Deer Management Program has now been operated safely and effectively under the direction and supervision of the Bernards Township Police Department and the Bernards Township Deer Management Administrator for the past six seasons, and WHEREAS, pursuant to Resolutions #07287 adopted by the Bernards Township Committee on May 29, 2007, the Township authorized a 2007-2008 Deer Management Program; and WHEREAS, the Township of Bernards has now acquired two additional properties which have been inspected by the Bernards Township Deer Management Administrator and deemed suitable and worthwhile for inclusion in the Township’s deer management program, namely: Block 122, Lots 1, 5, 21, 22, and 23, totaling 186.75 acres, south of Whitenack Road, between Mine Brook Road and Annin Road (and formerly known as the Cangiano property), and Block 104, Lot 10, comprising 10.72 acres north of Whitenack Road and south of Canoe Brook Road (and formerly known as the Gerhart Farm), both as depicted on the accompanying Tract Map, NOW THEREFORE BE IT RESOLVED, by the Township Committee of the Township of Bernards that we do hereby authorize inclusion of the aforementioned municipal properties in the Township’s deer management program, and NOW THEREFORE BE IT FURTHER RESOLVED, by the Township Committee of the Township of Bernards that an Amendment to the Township’s 2007-2008 Community Based Deer Management Plan be submitted to the New Jersey Division of Fish and Wildlife requesting these tracts’ addition to the 2007-2008 CBDM Permit issued August 14, 2007 to Bernards Township. Discussion of Cablevision’s Franchise RenewalIn July 2010 the franchise will expire. The ascertain period is imminent. The municipality can determine the past performance of cablevision and ascertain the needs of the community. Unlike Verizon, Cablevision is still regulated by local ordinance. The committee agreed to appoint a Cable TV Task force at the 2008 Reorganization meeting to begin the process of renewal. Discussion of Land Use Ordinance Amendment Revising Definition of Lot Width The committee discussion the proposed amendment such that the method of calculating lot width is the same for all lots, including cul-de-sac lots or pie-shaped lots. On all lots other than cul-de-sac/pie-shaped lots, lot width is currently measured along the front yard setback line, without exception. However, the current ordinance provides that, on cul-de-sac lots or pie-shaped lots, lot width may be measured at the actual location of the dwelling. Thus, if a lot does not provide the minimum required width at the front yard setback line, the developer may shift the dwelling further back on the lot to a location where the minimum required width is achieved. This scenario invites incompatible relationships among dwellings and yards on adjoining lots. For example, where one dwelling is constructed at the front yard setback line and an adjacent dwelling on a cul-de-sac lot is constructed further back in order to satisfy the lot width requirement, the result can be a “front yard vs. back yard” arrangement, where one resident’s front door faces another resident’s accessory uses. This ordinance is intended to promote consistent and compatible lot widths and dwelling locations, and to maintain harmonious relationships among adjoining dwellings and yards.

Scott Spitzer, Chairman of the Planning Board, address the committee on the proposal. The committee will introduce the ordinance on 11/27/07.

ADJOURNMENT By unanimous consent, the meeting adjourned at 8:14 PM. Respectfully submitted Denise Szabo, Municipal Clerk Mary Pavlini, Mayor


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