agenda municipal council regular meeting wednesday, …s office/council agenda… · cbiz benefits...

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AGENDA MUNICIPAL COUNCIL REGULAR MEETING Wednesday, April 11, 2012 7:00 p.m. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Adequate Notice of this meeting as required by the Open Public Meetings Act of 1975, has been provided by an Annual Notice sent to The Home News Tribune, The Star Ledger and the Sentinel on January 3, 2012, and posted in the Main Lobby of the Municipal Complex on the same date. 4. APPROVAL OF MINUTES: a. Regular Meeting of March 14, 2012 b. Worksession Meeting of March 26, 2012 5. COUNCIL PRESIDENT'S REMARKS 6. CY 2012 MUNICIPAL BUDGET: a. Public Hearing 7. APPROVAL OF VOLUNTEER FIREFIGHTER Raritan Engine Co #1 Carlos Botero 8. NEW BUSINESS: PROPOSED ORDINANCES PUBLIC HEARING SET DOWN FOR WEDNESDAY, APRIL 25, 2012: O.1796-2012 AN ORDINANCE CREATING A FEE FOR PARKING SPACE VARIANCES 9. PUBLIC COMMENT ON THE RESOLUTIONS 10. PROPOSED RESOLUTIONS Copies of these Resolutions are available for review only and are posted in the Council Chambers. Anyone desiring a copy may contact the Township Clerk after the meeting. Consent Agenda

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Page 1: AGENDA MUNICIPAL COUNCIL REGULAR MEETING Wednesday, …s Office/Council Agenda… · CBiz Benefits and Insurance Services, Inc. R.207-042012 Resolution authorizing refund in the amount

AGENDA

MUNICIPAL COUNCIL

REGULAR MEETING

Wednesday, April 11, 2012

7:00 p.m.

1. Call to Order and Pledge of Allegiance.

2. Roll Call.

3. Adequate Notice of this meeting as required by the Open Public Meetings Act of

1975, has been provided by an Annual Notice sent to The Home News Tribune,

The Star Ledger and the Sentinel on January 3, 2012, and posted in the Main

Lobby of the Municipal Complex on the same date.

4. APPROVAL OF MINUTES:

a. Regular Meeting of March 14, 2012

b. Worksession Meeting of March 26, 2012

5. COUNCIL PRESIDENT'S REMARKS

6. CY 2012 MUNICIPAL BUDGET:

a. Public Hearing

7. APPROVAL OF VOLUNTEER FIREFIGHTER

Raritan Engine Co #1

Carlos Botero

8. NEW BUSINESS:

PROPOSED ORDINANCES PUBLIC HEARING SET DOWN FOR

WEDNESDAY, APRIL 25, 2012:

O.1796-2012 AN ORDINANCE CREATING A FEE FOR PARKING SPACE

VARIANCES

9. PUBLIC COMMENT ON THE RESOLUTIONS

10. PROPOSED RESOLUTIONS

Copies of these Resolutions are available for review only and are posted in the

Council Chambers. Anyone desiring a copy may contact the Township Clerk

after the meeting.

Consent Agenda

Page 2: AGENDA MUNICIPAL COUNCIL REGULAR MEETING Wednesday, …s Office/Council Agenda… · CBiz Benefits and Insurance Services, Inc. R.207-042012 Resolution authorizing refund in the amount

R.203-042012 Resolution approving disbursements for the period ending April 5,

2012.

R.204-042012 Resolution supporting A2717 estending the time period for

municipalities to expend collected development fees and payments-

in-lieu of constructing affordable units.

R.205-042012 Resolution authorizing the sale of surplus personal property no

longer needed for public use.

R.206-042012 Resolution authorizing award of RFP 12-01, Insurance Broker to

CBiz Benefits and Insurance Services, Inc.

R.207-042012 Resolution authorizing refund in the amount of $224,084.21 for

redemption of tax sale certificates.

R.208-042012 Resolution authorizing refund of tax overpayments, totaling

$4,455.61.

R.209-042012 Resolution authorizing refund of sewer use overpayments, totaling

$903.45.

R.210-042012 Resolution authorizing temporary emergency appropriations

R.211-042012 Resolution authorizing Developer’s Agreement with Edison

Holdings I, LLC, Edison Holdings II, LLC and Edison Holdings

III, LLC for property known as Block 398, Lot 18 and portions of

Lots 26 and 27, Mill Road.

R.212-042012 Resolution authorizing Developer’s Agreement with JAS

Associates, LLC, for property known as Block 182, Lot 3.023, Fuel

One at 695 Route 1.

R.213-042012 Resolution authorizing a Qualified Private Community

Reimbursement Agreement with Centre Place at Edison

Condominium Association.

R.214-042012 Resolution authorizing bond reduction for Robert Kowitski

Subdivision, 38 & 40 Edgewood Road, Application #P5058.

R.215-042012 Resolution authorizing Engineering Inspection Fee Refund for

Meadow Road and Gun Club, 2 Overbrook Avenue, Application

#Z4999.

R.216-042012 Resolution authorizing engineering inspection fee refund for

Panera Bread, 1551 Route 1 South.

R.217-042012 Resolution authorizing refund of maintenance bond for United

Auto Group – Ferrari Maserati, Phase I, 816 Route 1 North and

Wasko Road, Application #P11-06/07.

R.218-042012 Resolution authorizing final payment for Contract No. 11-08-05R,

Roof – Edison Memorial Tower Museum.

R.219-042012 Resolution authorizing refund of maintenance bond for United

Auto Group – Ferrari Maserati, Phase II, Wasko Road, Application

#P11-06/07.

R.220-042012 Resolution concurring with NJDOT’s promulgation of a Traffic

Regulation Order for the establishment of a “No Passing Zone”

along NJ Route 27.

R.221-042012 Resolution authorizing award of quote for home improvements as

part of the Community Development Block Grant Program Case

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Number 0611 to Penyak Roofing Company, Inc., in an amount not

to exceed $6,640.00.

R.222-042012 Resolution authorizing award of certain items of Contract No. 11-

12-06, Fuel – Gasoline and Diesel to Allied Oil, LLC, in an amount

not to exceed $160,000.00.

R.223-042012 Resolution authorizing award of certain items of Contract No. 11-

12-06, Fuel – Gasoline and Diesel to J.W. Pierson Company, in an

amount not to exceed $30,000.00.

R.224-042012 Resolution authorizing award of certain items of Contract No. 11-

12-06, Fuel – Gasoline and Diesel to East River Energy, in an

amount not to exceed $148,000.00.

R.225-042012 Resolution authorizing award of second year for Contract No. 11-

04-15, Pavement Milling/Tack Coating to Stilo Excavating, Inc., in

an amount not to exceed $99,200.00.

R.226-042012 Resolution authorizing refund of Kids Fun Club Program fee to

Anand Arvadia, in the amount of $5.00.

R.227-042012 Resolution authorizing refund of ABC Program fee to Ravi

Vedantam, in the amount of $150.00.

R.228-042012 Resolution authorizing award of contract for the purchase of tickets

from Dorney Park and Wildwater Kingdom, in an amount not to

exceed $6,510.75.

R.229-042012 Resolution authorizing award of contract for the purchase of tickets

on consignment from New Jersey Recreation and Park Association,

Inc., in an amount not to exceed $10,140.00.

R.230-042012 Resolution authorizing award of quote for a computer software

program to Capture Point, in an amount not to exceed $13,944.00.

R.231-042012 Resolution authorizing person-to-person transfer of Liquor License

No. 1205-33-023-005, from Mac Acquisition, LLC t/a Macaroni

Grill to Mac Acquisition of New Jersey, LLC t/a/ Macaroni Grill.

R.232-042012 Resolution authorizing award of contract for Township Auditor to

Hodulik and Morrison, P.A., in an amount not to exceed

$115,000.00.

11. ORAL PETITIONS AND REMARKS

12. ADJOURNMENT

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EXPLANATION: This Ordinance creates a fee for parking space variances.

EDISON TOWNSHIP

ORDINANCE O.1796-2012

WHEREAS, the Township of Edison now desires to create a fee for parking space

variances and to expend those fees for the acquisition of property for, and the construction of

parking facilities.

NOW, THEREFORE, BE IT ORDAINED by the Township of Edison, County of

Middlesex, New Jersey, that the Code of the Township of Edison is hereby amended and

supplemented as follows:

SECTION I. Chapter XXXVII Zoning, Section 37-60 Off-Street Parking and

Loading is hereby amended to add new Section 37-60.3.c as follows:

37-60.1 General Provisions.

a. Scope of Provisions. Off-street parking, unloading and service requirements of

this section shall apply and govern in all present and future zoning districts

within the Township. Except as provided in this section, no application for a

building permit shall be approved unless there is included with the plan for

such building, improvement or use a plot plan showing the required space

reserved for off-street parking, unloading and service purposes. An occupancy

permit shall not be given unless the required off-street parking, unloading and

service facilities have been provided in accordance with those shown on the

approved plan.

b. Duty to Provide and Maintain Off-Street Parking and Loading. No land shall

be used or occupied, no structure shall be designed, created, altered, used or

occupied, and no use shall be operated unless off-street parking and loading

facilities are provided in at least the amount and maintained in the manner

required by this section.

c. Parking Space Variance Payments. Any variance from the construction of less

than the minimum number of parking spaces required under Section 37-60.3

or any provision of the Township’s zoning or land use regulations requiring a

minimum number of parking spaces shall require payment as follows:

1 to 5 spaces $5,000 for each space

6 to 15 spaces $4.500 for each space

16 to 30 spaces $4,000 for each space

30 or more spaces $3,000 for each space

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SECTION II. This ordinance shall take effect twenty (20) days after adoption and

approval by the Mayor in accordance with N.J.S.A. 40:69A:181(b).

SECTION III. All ordinances or parts of ordinances in conflict with the

provisions of this ordinance are hereby repealed.

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RESOLUTION R.203-042012

APPROVAL OF DISBURSEMENT OF FUNDS BY THE TOWNSHIP COUNCIL OF

THE TOWNSHIP OF EDISON FOR THE PERIOD ENDING APRIL 5, 2012

WHEREAS, the Director of Finance of the Township of Edison has

transmitted to the Township Council a Report of Disbursements made through April 5,

2012

FUND AMOUNT

Current $20,001,696.00

Dog (Animal Control) 2,325.40

Sewer Utility 1,951,524.05

Capital 63,131.77

CDBG 103,355.46

Trust 85,947.12

Grant Funds 19,395.77

Sanitation Fund 64,532.47

Payroll Deductions 437,929.49

Tree Fund 0.00

Developers Escrow 50,710.12

Cash Performance 0.00

Affordable Housing 0.00

Tax Sale Redemption 64,547.52

Tree Planting 0.00

Federal Forfeited 0.00

Street Opening Escrow 0.00

TOTAL $22,845,095.17

/s/ Janice Saponaro

Acting Chief Financial Officer

NOW, THEREFORE, BE IT RESOLVED, by the Municipal Council of the

Township of Edison, that the above-referenced disbursements report is hereby approved.

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RESOLUTION R.204-042012

RESOLUTION SUPPORTING A-2717

Extending the time period for municipalities to commit to expend collected development fees and

payments-in-lieu of constructing affordable units

WHEREAS, P.L. 2008, c. 46 established a four year timetable for municipal housing trust dollars

to be “committed for expenditure, or risk forfeiture to the State;” and

WHEREAS, the 2008 Act did not define the term “committed for expenditure” and deferred to

the Council on Affordable Housing (COAH) to promulgate regulations as to the requirements to be met for

“committed” as well as a timetable for expenditures; and

WHEREAS, neither COAH nor the Department of Community Affairs has adopted, nor proposed,

the regulations pursuant PL 2008, c. 46; and

WHEREAS, hundreds of municipalities submitted spending plans to COAH, of which only a

fraction of these plans were reviewed by the agency, and most of these municipalities have not been

provided any guidance on their spending plans; and

WHEREAS, at the time of 2008 Act, COAH was prepared to adopt its “3rd

round regulations”

establishing municipal obligations under the “Fair Housing Act”; and

WHEREAS, COAH’s 3rd

round regulations were highly controversial and fundamentally flawed,

and subsequently set aside by the Appellate Division, and the appeal of that decision now awaits

consideration by the State Supreme Court; and

WHEREAS, eight years of litigation over COAH’s methodology has had a chilling effect not only

on the development of affordable housing, but on the ability of local governments to commit trust fund

dollars without knowledge of their respective obligations, and certainty that such commitment would count

towards its housing obligation; and

WHEREAS, forfeiture of trust fund dollars starting in July 2012 would be fundamentally unfair,

inequitable and indefensible since neither COAH nor DCA has provided the required guidance or certainty;

and

WHEREAS, these trust fund dollars should be used as intended: to subsidize the costs for

municipalities in meeting their affordable housing obligations while assuring that these costs do not fall to

local taxpayers; and

WHEREAS, forfeiture of these dollars, estimated by some to be as much as $200 million, would

displace this financial obligation to the taxpayers in these communities; and

NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the Township of

Edison, Middlesex County, State of New Jersey, urges our State Legislators to support and approve A-

2717, which will provide a four-year extension for municipalities to commit the municipal housing trust

fund dollars; and

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the sponsor of A-

2717, Assemblyman Anthony Bucco, Senator Barbara Buono, Assemblyman Peter J. Barnes, III,

Assemblyman Patrick Diegnan, members of the Assembly Housing and Local Government Committee, the

New Jersey State League of Municipalities and the Office of the Governor.

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R.205-042012

RESOLUTION OF THE TOWNSHIP OF EDISON AUTHORIZING THE SALE OF SURPLUS

PERSONAL PROPERTY NO LONGER NEEDED FOR PUBLIC USE ON AN ONLINE AUCTION

WEBSITE

WHEREAS, The Township of Edison has determined that the property described on Schedule A

(Vehicles and Equipment) attached hereto and incorporated herein is no longer needed for public use; and

WHEREAS, the Local Unit Technology Pilot Program and Study Act (P.L. 2001, c. 30)

authorizes the sale of surplus personal property no longer needed for public use through the use of an online

auction service; and

WHEREAS, the Township of Edison intends to utilize the online auction services of US

GOVBID, A DIVISION OF AUCTION LIQUIDATION SERVICES, PO BOX 1216 Eatontown, NJ 07724

, web address www. usgovbid.com, for the amount of one and one-half percent (1 1/2%) of the receipts of

sales; and

WHEREAS, the sales are being conducted pursuant to the Division of Local Government

Services’ Local Finance Notice 2008-9 – Revised October, 2011.

NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison,

State of New Jersey, as follows:

1. The Township of Edison is hereby authorized to sell the surplus personal property as indicated

on Schedule A on the online auction website entitled US GOVBID, A DIVISION OF

AUCTION LIQUIDATION SERVICES, www.usgovbid.com.

2. The Mayor, or her designee, is hereby authorized to execute the attached contract with US

GOVBID, A DIVISION OF AUCTION LIQUIDATION SERVICES, PO BOX 1216

Eatontown, NJ 07724 as described herein.

3. The terms and conditions of the sale are available at www.usgovbid.com.

4. That a certified copy of this Resolution be forwarded to the Division of Local Government

Services.

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RESOLUTION R.206-042012

RESOLUTION AWARDING CONTRACT TO CBIZ BENEFITS AND INSURANCE SERVICES, INC. FOR INSURANCE BROKER

WHEREAS, the Township of Edison advertised on the Township website for Request for Proposals on January 20, 2012, for RFP 12-01, INSURANCE BROKER for a bid opening date of February 17, 2012 and nine proposals were received; and

WHEREAS, after review of said proposals, it has been recommended by the Township

that the contract be awarded to CBIZ BENEFITS AND INSURANCE SERVICES, INC., 2421 Atlantic Avenue, Suite 101, Manasquan, NJ 08736 in the amount not to exceed two dollars, fifty cents ($2.50) per employee, per month.

NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison, as follows:

1. All proposals have been reviewed, and the proposal as submitted by CBIZ BENEFITS AND INSURANCE SERVICES, INC., 2421 Atlantic Avenue, Suite 101, Manasquan, NJ 08736 is determined to be the lowest, responsible, responsive proposal for an INSURANCE BROKER.

2. The Mayor, or her designee, is hereby authorized to execute a contract in the amount not to exceed two dollars, fifty cents ($2.50) per employee, per month, and any other necessary documents, with CBIZ BENEFITS AND INSURANCE SERVICES, INC. in accordance with their proposal.

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RESOLUTION R.207-042012

WHEREAS, at various sales of land for delinquent taxes held by the Edison Township Collector

of Taxes, Middlesex County, New Jersey, the attached listing of tax sale certificates were sold; and

WHEREAS, the said tax sale certificates have been redeemed thereof, and the purchasers of said

property are legally entitled to a refund of monies paid at the time of redemption.

NOW THEREFORE, BE IT RESOLVED, by the Municipal Council of the Township of

Edison, that the Director of Finance is hereby authorized to draw checks to the noted parties in the amounts

specified on the attached listing, totaling $224,084.21.

.

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RESOLUTION R.208-042012

Whereas, on various properties located within the Township of Edison,

overpayments of real estate taxes have been made due to erroneous or duplicate

payments: and

Whereas, applications have been made to the Tax Collector for refunds of said

overpayments, totaling $4,455.61 and

Whereas, the attached listing is a detail of the requested refund.

NOW THEREFORE, BE IT RESOLVED, by the Municipal Council of the Township

of Edison that the Director of Finance shall and is hereby authorized to draw checks

to the parties in the amounts specified on the attached listing.

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RESOLUTION R.209-042012

Whereas, on various properties located within the Township of Edison, overpayments of sewer use fees have been made due to erroneous or duplicate payments; and Whereas, applications have been made to the Tax Collector for refund of said overpayments, totaling $903.45 and Whereas, the attached listing is a detail of the requested refunds. NOW THEREFORE, BE IT RESOLVED, by the Municipal Council of the Township of Edison that the Director of Finance shall and is hereby authorized to draw checks to the parties in the amounts specified on the attached listing.

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EXPLANATION: This Resolution authorizes the Mayor and Township Clerk to

execute the attached Developer’s Agreement with Edison Holdings I, LLC, Edison

Holdings II, LLC and Edison Holdings III, LLC in connection with the development

of Phase II for the property identified as Block 398, Lot 18 and portions of Lots 26

and 27, on the Edison Township tax map (the “Property”).

EDISON TOWNSHIP

RESOLUTION R.211-042012

WHEREAS, the Property was the subject of an application before the Planning

Board of the Township of Edison (hereinafter the “Board”), for preliminary major site

plan approval, with waiver and bulk variance relief approval to construct a three-story

570,100 square foot distribution warehouse/office building, along with approximately 193

parking spaces, 108 tractor-trailer loading docks and 124 tractor-trailer parking spaces,

and related improvements on the Property (the “Project”); and

WHEREAS, the Board granted amended preliminary and final site plan and

bulk variance approval and memorialized the same by Resolution adopted on

November 19, 2007; and

WHEREAS, the Resolution and the code of the Township of Edison require

the developer to enter into a Developer’s Agreement with the Township of Edison in

connection with the project; and

WHEREAS, the Developer has obtained administrative approval from the

Edison Township planning and engineering staff for a phasing plan, which creates

two phases of development; and

WHEREAS, Phase I consists of the following work: implementation of soil

erosion and sediment control measures; dynamic compaction; earth work/grading,

installation of stormwater management facilities, including the detention basin;

construction of the deep well methane gas extraction system; implementation of site

controls and geotechnical work, including installation of monitoring wells; and repair

of the landfill cap as necessary (“Phase I”); and

WHEREAS, the Township and the Developer have previously entered into a

Developer’s Agreement for Phase I; and

WHEREAS, Phase II consists of all remaining site improvements, including

the building and all parking and loading areas (“Phase II”); and

WHEREAS, the Developer’s Agreement for Phase II attached hereto has

been prepared by the Township Attorney and has been reviewed and approved by the

Township Engineer and by the attorney for the Developer;

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NOW, THEREFORE, BE IT RESOLVED, by the Township Council of

the Township of Edison, in the County of Middlesex and State of New Jersey as

follows: The Mayor and Township Clerk are hereby authorized to execute the

Developer’s Agreement for Phase II with the Developer in the form annexed hereto.

1. The Township Clerk is hereby authorized to forward the original and

certified copies of the Developer’s Agreement for Phase I to the Township Attorney for

recording with the Clerk of the County of Middlesex.

2. The Township Clerk is also directed to forward a copy of this Resolution,

once adopted, to the Township Attorney and Township Engineer for their records.

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EXPLANATION: This Resolution authorizes the Mayor and Township Clerk to

execute the attached Developer’s Agreement with JAS Associates, LLC in connection

with the development of the property identified as Block 182, Lot 3.02, on the Edison

Township tax map containing the business known as Fuel One at 695 Route 1 (the

“Property”).

EDISON TOWNSHIP

RESOLUTION R.212-042012

WHEREAS, the Property was the subject of an application before the Planning

Board of the Township of Edison (hereinafter the “Board”), for preliminary and final site

plan approval with variances and waivers to construct a one-story 2,100 square foot

convenience store and related improvements in addition to the existing gasoline station on

the Property (the “Project”); and

WHEREAS, the Board granted preliminary and final site plan approval with

variances and waivers and memorialized the same by Resolution adopted on July 19,

2010; and

WHEREAS, the Resolution and the Code of the Township of Edison require

the developer to enter into a Developer’s Agreement with the Township of Edison in

connection with the project; and

WHEREAS, the Developer’s Agreement attached hereto has been prepared

by the Township Attorney and has been reviewed and approved by the attorney for

the developer.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of

the Township of Edison, in the County of Middlesex and State of New Jersey as

follows:

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1. The Mayor and Township Clerk are hereby authorized to execute the

Developer’s Agreement with the Developer in the form annexed hereto.

2. The Township Clerk is hereby authorized to forward the original and certified

copies of the Developer’s Agreement to the Township Attorney for recording with the Clerk of

the County of Middlesex.

3. The Township Clerk is also directed to forward a certified copy of this

Resolution, once adopted, to the Township Attorney and Township Engineer for their records.

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EXPLANATION: This Resolution authorizes the Mayor and Township Clerk to execute the

attached Qualified Private Community Reimbursement Agreement with Centre Place at

Edison Condominium Association (“Association”).

EDISON TOWNSHIP

RESOLUTION R.213-042012

WHEREAS, , the Municipal Services Act, N.J.S.A. 40:67-23.2 et seq. (hereinafter

"the Act"), and amendments thereto, provides in pertinent part that qualified, private

communities as defined in the Act are entitled to receive certain municipal services; and

WHEREAS, the Act further provides that in lieu of providing such municipal

services to the Association, the municipality shall have the option to financially reimburse

the Association in an amount not to exceed the cost that would be incurred by the

municipality in providing said services directly; and

WHEREAS, the Township and the Association have mutually and freely agreed to

the providing of reimbursement as opposed to the providing of services in certain areas and

the trading of certain services in return for other consideration as more fully described in the

attached Qualified Private Community Reimbursement Agreement; and

WHEREAS, the Qualified Private Community Reimbursement Agreement attached

hereto has been prepared by the Township Attorney and has been reviewed and approved by

the attorney for the Centre Place at Edison Condominium Association.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the

Township of Edison, in the County of Middlesex and State of New Jersey as follows:

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1. The Mayor and Township Clerk are hereby authorized to execute the Qualified

Private Community Reimbursement Agreement with the Centre Place at Edison

Condominium Association in the form annexed hereto.

2. The Township C.F.O. is authorized to issue a refund for the amount due for years 2008,

2009, 2010 and 2011 in the total amount of $27,050.76 and to issue future reimbursements as set forth

in the Agreement.

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TOWNSHIP OF EDISON

RESOLUTION R.214-042012

WHEREAS, a Performance Bond was posted on April 7, 2008, check #0844049 by Edgewood Estates Builders Inc., in

the amount of $20,143.00, on deposit in Account #7760013334 to guarantee the installation of improvements for the project

known and identified as Robert Kowitski Subdivision, located at 38 Edgewood Road, in Block 557-B and Lot 43, and designated

as Application #P5058; and

WHEREAS, an inspection by the Division of Engineering, under the supervision of the Township Engineer, has

revealed that, based upon the improvements completed to date, a 50% bond reduction is in order; and

WHEREAS, it is the recommendation of the Township Engineer that the Performance Bond be reduced by 50%

from $20,143.00 to $10,071.50, or 50% of the original amount; therefore refunding the amount of $10,071.50, plus accrued

interest, if applicable; and

NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF

EDISON, that the Performance Bond hereinabove mentioned be reduced to $10,071.50, by virtue of a substitute bond or

endorsement to the Performance Bond presently in place, until such time as Final Acceptance is granted.

BE IT FURTHER RESOLVED, that the Director of Finance be and is hereby authorized to refund the sum

of $10,071.50, plus accrued interest, if applicable on deposit in Account #7760013334 to Edgewood Estates Builders

Inc. having a current address of 107 Cayuga Road, Barnegat, N.J. 08005 with the sum of $10,071.50 remaining on

deposit until such time as Final Acceptance is granted.

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TOWNSHIP OF EDISON

RESOLUTION R.215-042012

WHEREAS, the Township Engineer advises that a final inspection was done of Meadow Rod & Gun Club located at 2

Overbrook Avenue, Application #Z-4999, located in Block 375-F, Lots 1-4 & 34 & 38; and

WHEREAS, the applicant was required to post engineering inspection fees, pursuant to Township Ordinance; and

WHEREAS, on May 19, 2003, Bozco L.L.C. posted inspection fees in the amount of $90.00 on deposit with the

Township of Edison in account #7200024887 for engineering fees; and

WHEREAS, the applicant has requested the return of the unused portion of engineering inspection fees, as provided by

law; and

WHEREAS, the sum expended for engineering inspections totals $59.07; and

WHEREAS, it is in now in order that the sum of $30.93, plus accrued interest, if applicable, which represents the

amount due and owing the applicant, be returned to Bozco L.L.C., having offices at 11 Hector Avenue, Edison, N.J. 08817;

and

NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF

EDISON that the sum of $30.93, plus accrued interest, if applicable, be refunded to the applicant; and

BE IT FURTHER RESOLVED that the Director of Finance be and is hereby authorized to refund said sum

of $30.93, plus accrued interest, if applicable, in account #7200024887 to the applicant.

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TOWNSHIP OF EDISON

RESOLUTION R.216-042012

WHEREAS, the Township Engineer advises that a final inspection was done of Panera Bread located at 1551 Route 1

South, located in Block 691, Lot 7-F-1; and

WHEREAS, the Cash Performance and Performance Bonds were released on October 9, 2003, through Resolution

#544-102003 and Resolution #545-102003; and

WHEREAS, on July 9, 2003, Conboy and Mannion Contracting, Inc. posted inspection fees in the amount of

$1,375.00 on deposit in account #7200024896 with the Township of Edison for the required engineering inspection fees,

pursuant to Township Ordinance; and

WHEREAS, the applicant has requested the return of the unused portion of engineering inspection fees, as provided by

law; and

WHEREAS, the sum expended for engineering inspections totals $786.35; and

WHEREAS, it is in now in order that the sum of $588.65, plus accrued interest, if applicable, which represents the

amount due and owing the applicant, be returned to Conboy and Mannion Contracting, Inc., having a new address of 36

Phila Street, Saratoga Springs, New York 12866; and

NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF

EDISON that the sum of 588.65, plus accrued interest, if applicable, be refunded to the applicant; and

BE IT FURTHER RESOLVED that the Director of Finance be and is hereby authorized to refund said sum

of $588.65, plus accrued interest, if applicable, in account #7200024896 to the applicant.

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TOWNSHIP OF EDISON

RESOLUTION R.217-042012

WHEREAS, the Township Engineer advises that an inspection has been made of UAG-Ferrari Maserati-Phase I,

located at 816 Route 1 North and Wasko Road, in Block 265-BB and Lot 115, Application #P11-06/07, and said inspection

indicates all improvements are complete and in accordance with the Municipal Standards of the Township of Edison; and

WHEREAS, on July 7, 2009 UAG of Central New Jersey LLC d/b/a Ferrari-Maserati of Central Jersey posted a

Maintenance Bond No. K08309462 of Westchester Fire Insurance Company in the amount of $79,033.30, to guarantee the

integrity of the site improvements with the Township of Edison. The maintenance period has elapsed with no defects

developing; and

WHEREAS, the Township Engineer, recommends the release of the Maintenance Bond in the amount of $79,033.30,

principal being UAG of Central New Jersey LLC d/b/a Ferrari Maserati of Central New Jersey having offices at 816 Route 1

North, Edison, N.J. 08817 and acceptance of the subject improvements; and

NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF

EDISON that the aforementioned improvements are hereby complete and satisfactory and the Township Clerk be and is

hereby authorized to return the aforesaid Maintenance Bond in the amount of $79,033.30 to the applicant; and

BE IT FURTHER RESOLVED that the Township Clerk and the Director of Finance be and is hereby authorized

to return the aforesaid Maintenance Bond in the amount of $79,033.30 to the applicant.

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EXPLANATION: This resolution provides for Township Acceptance of the constructed roofing improvements under Public

Bid No. 11-08-05-R: Roof - Edison Memorial Tower Museum, and this resolution also authorizes FINAL CONTRACT

PAYMENT in an amount not to exceed $2,500.00 to Gen II Contracting Company, Inc., for a total re-roofing contract as-

built cost of $25,000.00.

TOWNSHIP OF EDISON

RESOLUTION R.218-042012

WHEREAS, Gen II Contracting Company, Inc., 395A Millstone Road, Clarksburg, New Jersey 08510-1520, was

awarded a re-roofing contract, through resolution R.790-112011 on November 9, 2011, in an amount not to exceed

$26,560.00, for Public Bid No. 11-08-05-R: Roof - Edison Memorial Tower Museum, in the Township of Edison, Middlesex

County, New Jersey; and

WHEREAS, the Township Engineer has reviewed the project and the Township Engineer certifies that the project

has been completed, and that a two-year (2-year) maintenance bond, effective from February 23, 2012, the date of completion

of work and acceptance of work by the project architect for the Edison Memorial Tower, in an amount covering 100% of the

final as-built construction costs of $25,000.00 for the project has been received by the Township of Edison, and Versico

Roofing Systems Warranty has been received, and the Township Engineer therefore recommends project acceptance, release

of the performance bond, and that final payment, including retainage, be made to Gen II Contracting Company, Inc., in an

amount not to exceed $2,500.00 for a total construction contract as-built cost of $25,000.00, and that the remaining contract

balance of $1,560.00 be unencumbered after final payment is made and such balance restored to appropriate Township

account.

NOW, THEREFORE BE IT RESOLVED by the Municipal Council of the Township of Edison, Middlesex

County, New Jersey, that the roofing project, Public Bid No. 11-08-05-R: Roof - Edison Memorial Tower Museum, in the

Township of Edison, Middlesex County, New Jersey, is deemed accepted by the Township of Edison, subject to the

provisions of the maintenance bond and the Versico Roofing Systems Warranty, and that the performance bond may be

released and that final payment, including retainage, shall be made to Gen II Contracting Company, Inc., in an amount not to

exceed $2,500.00 for a total construction contract as-built cost of $25,000.00, and that the remaining contract balance of

$1,560.00 shall be unencumbered after final payment is made and such balance shall be restored to appropriate Township

account.

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TOWNSHIP OF EDISON

RESOLUTION R.219-042012

WHEREAS, the Township Engineer advises that an inspection has been made of UAG-Ferrari Maserati-Phase II,

located at 816 Route 1 North and Wasko Road, in Block 265-BB and Lot 115, Application #P11-06/07, and said inspection

indicates all improvements are complete and in accordance with the Municipal Standards of the Township of Edison; and

WHEREAS, on July 7, 2009 UAG of Central New Jersey LLC d/b/a Ferrari-Maserati of Central Jersey posted a

Maintenance Bond No. K08309504 of Westchester Fire Insurance Company in the amount of $54,947.33, to guarantee the

integrity of the site improvements with the Township of Edison. The maintenance period has elapsed with no defects

developing; and

WHEREAS, the Township Engineer, recommends the release of the Maintenance Bond in the amount of $54,947.33,

principal being UAG of Central New Jersey LLC d/b/a Ferrari Maserati of Central New Jersey having offices at 816 Route 1

North, Edison, N.J. 08817 and acceptance of the subject improvements; and

NOW THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF

EDISON that the aforementioned improvements are hereby complete and satisfactory and the Township Clerk be and is

hereby authorized to return the aforesaid Maintenance Bond in the amount of $54,947.33 to the applicant; and

BE IT FURTHER RESOLVED that the Township Clerk and the Director of Finance be and is hereby authorized

to return the aforesaid Maintenance Bond in the amount of $54,947.33 to the applicant.

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EXPLANATION: This resolution provides concurrence from the Municipal Council of the

Township of Edison on the NJDOT’s promulgation of a Traffic Regulation Order (TRO)

for the establishment of a “No Passing Zone” along NJ Route 27 throughout the entire

length of highway within the Township of Edison borders.

TOWNSHIP OF EDISON

RESOLUTION R.220-042012

WHEREAS, the New Jersey Department of Transportation (NJDOT) has conducted an investigation to inventory

the existing centerline markings along NJ Route 27 (Lincoln Highway), in the Township of Edison, County of Middlesex,

New Jersey; and

WHEREAS, the staff of the Bureau of Traffic Engineering and Investigations (BTEI), in the NJDOT, upon

completion of their investigation has recommended to revise the centerline pavement markings to a “No Passing Zone” along

NJ Route 27 throughout the entire length of Edison Township; and

WHEREAS, in order to legally establish the “No Passing Zones” the New Jersey Department of Transportation

(NJDOT) is required to promulgate a Traffic Regulation Order (TRO), with the precursor to such order being the receipt of a

Resolution of Concurrence from the municipal governing body;

WHEREAS, the Township Engineer has reviewed the establishment of a No Passing Zone on NJ Route 27, within

the Township of Edison borders, along with the Chief of Police, and recommendation is provided to the municipal governing

body to seek the referenced Traffic Regulation Order (TRO);

NOW, THEREFORE BE IT RESOLVED by the Municipal Council of the Township of Edison, Middlesex

County, New Jersey, that the Township of Edison supports and concurs that a “No Passing Zone” shall be established along

NJ Route 27 throughout the entire length of NJ Route 27 within the Township of Edison borders, and further concurs that the

New Jersey Department of Transportation (NJDOT) promulgate a Traffic Regulation Order (TRO) for the establishment of

the referenced “No Passing Zone.”

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R.221-042012

RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT TO PENYAK ROOFING COMPANY

INCORPORATED FOR HOME IMPROVEMENTS AS PART OF THE COMMUNITY DEVELOPMENT BLOCK

GRANT PROGRAM

WHEREAS, The Community Development Block Grant (CDBG) funds are used to facilitate various projects

throughout the community as outlined in the Program Year 2011 Consolidated Annual Action Plan; and

WHEREAS, part of the funding is for improvements to qualified single family, owner occupied dwellings located

in Edison; and

WHEREAS, quotes were received by the Township of Edison for Case Number 0611; and

WHEREAS, PENYAK ROOFING COMPANY INCORPORATED, 3571 Kennedy Road, South Plainfield, NJ

07080 , submitted the lowest quote in the amount of $6,640.00; and

WHEREAS, funds in the amount of $6,640.00 have been certified to be available in the CDBG Housing

Rehabilitation Account Number T-14-11-0510-000-001.

NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison, as follows:

3. All quotes have been reviewed, and the quote in the amount of $6,640.00 by PENYAK ROOFING COMPANY

INCORPORATED, 3571 Kennedy Road, South Plainfield, NJ 07080 for home improvements is determined to be

the lowest quote.

4. The Mayor, or her designee, is hereby authorized to execute a contract in the amount of $6,640.00 and any other

necessary documents, with PENYAK ROOFING COMPANY INCORPORATED as described herein.

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R.222-042012

RESOLUTION AUTHORIZING ADDITIONAL FUNDS FOR THE FUEL-GASOLINE AND DIESEL CONTRACT WITH ALLIED OIL LLC, IN AN AMOUNT NOT TO EXCEED $160,000.00

WHEREAS, ALLIED OIL, LLC, 25 Old Camplain Road, Hillsborough, NJ 08844 was awarded Contract No. 11-12-06, FUEL-GASOLINE AND DIESEL on May 11, 2011 through Resolution R.323-052011 for a one year period effective June 9, 2011 in the amount of $357,000.00 and that amount has been depleted; and

WHEREAS, the Purchasing Agent is in the process of rebidding this contract; and WHEREAS, in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-15, a contract may be

extended when a contracting unit has commenced rebidding prior to the time the contract expires; and WHEREAS, the Township recommends that this contract in the amount not to exceed $160,000.00 be

renewed on a month to month basis expiring June 9, 2012 with the price as well as all terms and conditions to remain the same; and

WHEREAS, the total amount of this contract, not to exceed $160,000.00, cannot be encumbered at this

time; and

WHEREAS, pursuant to N.J.A.C. 5:30-11.10 funds for Open-End Contracts shall be committed at the time an order is placed and shall not exceed the unit price; and WHEREAS, no amount shall be chargeable or certified until such time as goods or services are ordered or otherwise called for. Prior to incurring the liability by placing the order, the certification of available funds shall be made by the Chief Financial Officer or Certifying Financial Officer. It shall be the responsibility of the official responsible for issuing the purchase order to notify and seek the certification of availability of funds of the Chief Financial Officer or Certifying Finance Officer, as appropriate (N.J.A.C. 5:30-5.5(b)). NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison the Mayor, or her designee, is hereby authorized to execute a contract in the amount not to exceed $160,000.00, and any other necessary documents, with ALLIED OIL, LLC, as described herein.

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R.223-042012 RESOLUTION AUTHORIZING ADDITIONAL FUNDS FOR THE FUEL-GASOLINE

AND DIESEL CONTRACT WITH J.W. PIERSON COMPANY IN AN AMOUNT NOT TO EXCEED $30,000.00

WHEREAS, J.W. PIERSON COMPANY, 89 Dodd Street, East Orange, NJ 07017 was awarded Contract No. 11-12-06, FUEL-GASOLINE AND DIESEL on May 11, 2011 through Resolution R.321-052011 for a one year period effective June 9, 2011 in the amount of $153,000.00 and that amount will soon be depleted; and

WHEREAS, the Purchasing Agent is in the process of rebidding this contract; and WHEREAS, in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-15, a contract may be

extended when a contracting unit has commenced rebidding prior to the time the contract expires; and WHEREAS, the Township recommends that this contract in the amount not to exceed $30,000.00 be

renewed on a month to month basis expiring June 9, 2012 with the price as well as all terms and conditions to remain the same; and

WHEREAS, the total amount of this contract, not to exceed $30,000.00, cannot be encumbered at this

time; and

WHEREAS, pursuant to N.J.A.C. 5:30-11.10 funds for Open-End Contracts shall be committed at the time an order is placed and shall not exceed the unit price; and WHEREAS, no amount shall be chargeable or certified until such time as goods or services are ordered or otherwise called for. Prior to incurring the liability by placing the order, the certification of available funds shall be made by the Chief Financial Officer or Certifying Financial Officer. It shall be the responsibility of the official responsible for issuing the purchase order to notify and seek the certification of availability of funds of the Chief Financial Officer or Certifying Finance Officer, as appropriate (N.J.A.C. 5:30-5.5(b)).

NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison the Mayor, or her designee, is hereby authorized to execute a contract in the amount not to exceed $30,000.00, and any other necessary documents, with J.W. PIERSON COMPANY as described herein.

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R.224-042012 RESOLUTION AUTHORIZING ADDITIONAL FUNDS FOR THE FUEL-

GASOLINE AND DIESEL CONTRACT WITH EAST RIVER ENERGY IN AN AMOUNT NOT TO EXCEED $148,000.00

WHEREAS, EAST RIVER ENERGY, 401 Soundview Road, P.O. Box 388, Guilford, CT 06437 was awarded Contract No. 11-12-06, FUEL-GASOLINE AND DIESEL on May 11, 2011 through Resolution R.322-052011 for a one year period effective June 9, 2011 in the amount of $431,000.00 and that amount will soon be depleted; and

WHEREAS, the Purchasing Agent is in the process of rebidding this contract; and WHEREAS, in accordance with the Local Public Contracts Law N.J.S.A. 40A:11-15, a contract

may be extended when a contracting unit has commenced rebidding prior to the time the contract expires; and

WHEREAS, the Township recommends that this contract in the amount not to exceed

$148,000.00 be renewed on a month to month basis expiring June 9, 2012 with the price as well as all terms and conditions to remain the same; and

WHEREAS, the total amount of this contract, not to exceed $148,000.00, cannot be encumbered

at this time; and

WHEREAS, pursuant to N.J.A.C. 5:30-11.10 funds for Open-End Contracts shall be committed at the time an order is placed and shall not exceed the unit price; and WHEREAS, no amount shall be chargeable or certified until such time as goods or services are ordered or otherwise called for. Prior to incurring the liability by placing the order, the certification of available funds shall be made by the Chief Financial Officer or Certifying Financial Officer. It shall be the responsibility of the official responsible for issuing the purchase order to notify and seek the certification of availability of funds of the Chief Financial Officer or Certifying Finance Officer, as appropriate (N.J.A.C. 5:30-5.5(b)).

NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison the Mayor, or her designee, is hereby authorized to execute a contract in the amount not to exceed $148,000.00, and any other necessary documents, with EAST RIVER ENERGY as described herein.

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R.225-042012

RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT TO STILO EXCAVATION, INC.

FOR THE FURNISHING OF PAVEMENT MILLING AND TACK COATING

WHEREAS, bids were received by the Township of Edison on March 30, 2011 for Pavement Milling and

Tack Coating; and

WHEREAS, STILO EXCAVATING, INC., 2907 So. Clinton Avenue, South Plainfield, NJ 07080

submitted the lowest legally responsible bid in the amount of $99,200.00 for each year of a two year contract; and

WHEREAS, the Township wishes to award the second year of this contract and the total amount of the

award of this contract cannot be encumbered at this time; and

WHEREAS, pursuant to N.J.A.C. 5:30-11.10 funds for Open-End Contracts shall be committed at the time

an order is placed and shall not exceed the unit price; and

WHEREAS, no amount shall be chargeable or certified until such time as goods or services are ordered or

otherwise called for. Prior to incurring the liability by placing the order, the certification of available funds shall be

made by the Chief Financial Officer or Certifying Financial Officer. It shall be the responsibility of the official

responsible for issuing the purchase order to notify and seek the certification of availability of funds of the Chief

Financial Officer or Certifying Finance Officer, as appropriate (N.J.A.C. 5:30-5.5(b)).

NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison, as

follows:

1. All bids have been reviewed, and the bid in the amount of $99,200.00 by STILO EXCAVATING, INC.,

2907 So. Clinton Avenue, South Plainfield, NJ 07080 for PAVEMENT MILLING AND TACK

COATING is determined to be the lowest legally responsible bid.

2. The Mayor, or her designee, is hereby authorized to execute the second year of the contract in the amount

not to exceed $99,200.00, and any other necessary documents, with STILO EXCAVATING, INC.

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RESOLUTION R.226-042012

RESOLUTION AUTHORIZING A REIMBURSEMENT TO

ANAND ARVADIA FOR THE KFC PROGRAM

WHEREAS Anand Arvadia made payment in the amount of $5.00 for her

child Om Arvadia’s participation in the Kids Fun Clubs Programs at the Stelton

Community Center; and

WHEREAS the class was cancelled.

NOW; THEREFORE, IT IS RESOLVED by the Township Council of the

Township of Edison, that the Chief Financial Officer of the Township of Edison

shall refund the amount of $5.00 to Anand Arvadia, 705 Village Drive, Edison, NJ

08817, which amount represents the registration fee for a third class.

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R.227-042012

RESOLUTION AUTHORIZING A REIMBURSEMENT TO

RAVI VEDANTAM FOR THE ABC PROGRAM

WHEREAS Ravi Vedantam, made a duplicate payment for the month of

June in the amount of $150 for his child Sathvik Vedantam’s participation in the

ABC Program at James Madison Primary Elementary School; and

NOW; THEREFORE, IT IS RESOLVED by the Township Council of the

Township of Edison, that the Chief Financial Officer of the Township of Edison

shall refund the amount of $150.00 to Ravi Vedantam, 2406 Deerfield Dr., Edison,

NJ 08820, which amount represents the overpayment for the ABC program.

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R.228-042012

RESOLUTION AUTHORIZING THE PURCHASE OF TICKETS FROM DORNEY PARK AND

WILDWATER KINGDOM

WHEREAS, Edison Township Department of Recreation is desirous of acquiring discounted tickets for

their 2012 summer playground programs; and

WHEREAS, DORNEY PARK AND WILDWATER KINDGOM, 3830 Dorney Park Road, Allentown,

PA 18104 offers discounted tickets and a buffet lunch; and

WHEREAS, the Township wishes to purchase these for a summer playground trip in July; and

WHEREAS, the maximum amount for this purchase shall not exceed $6,510.75; and

WHEREAS, funds for this purpose are available for the above purchase in the Recreation-Recreation

Supplies Account, No. 2-01-28-0370-000-066.

NOW, THEREFORE, IT IS RESOLVED by the Municipal Council of the Township of Edison,

Middlesex County, New Jersey, that the appropriate township officials are hereby authorized to purchase tickets

from DORNEY PARK AND WILDWATER KINDGOM, in an amount not to exceed $6,510.75.

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R.229-042012

RESOLUTION AUTHORIZING THE PURCHASE OF TRIP TICKETS ON CONSIGNMENT FROM

NEW JERSEY RECREATION AND PARKS ASSOCIATION, INC.

WHEREAS, Edison Township Department of Recreation is desirous of acquiring discounted tickets, on

consignment, for their 2012 summer playground programs; and

WHEREAS, New Jersey Recreation and Park Association, offers discounted tickets as well as the ability

to return unused tickets; and

WHEREAS, no other company offers this type of discount or return policy; and

WHEREAS, it has been recommended by the Director of Recreation that this contract be awarded to New

Jersey Recreation and Park Association, 13 April Lane, Somerset, NJ 08873; and

WHEREAS, the maximum amount for this purchase shall not exceed $10,140.00 for summer playground

programs for the months of July and August; and

WHEREAS, funds for this purpose are available for the above purchase in the Recreation-Recreation

Supplies Account, No. 2-01-28-0370-000-066.

NOW, THEREFORE, IT IS RESOLVED by the Municipal Council of the Township of Edison,

Middlesex County, New Jersey, that the appropriate township officials are hereby authorized to purchase tickets

from New Jersey Recreation and Park Association, Inc., in an amount not to exceed $10,140.00.

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R.230-042012

RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT TO CAPTURE POINT FOR A

COMPUTER SOFTWARE PROGRAM FOR THE DEPARTMENT OF RECREATION

WHEREAS, quotes were solicited by The Township of Edison for a Software Program for the Department

of Recreation; and

WHEREAS, CAPTURE POINT, 215 E. Ridgewood Avenue, Ridgewood, NJ 07450 submitted the lowest

quote in the amount of $13,944.00; of which $13,794.00 is for the program set-up and One (1) Year Subscription

and an additional one-time fee of $150.00 is for Program Analysis (analyze and update programs into the system at

$5.00 per program); and

WHEREAS, funds in the total amount of $13,944.00 have been certified to be available in the Recreation

– Other Contractual Items Account, No. 2-01-28-0370-000-029, subject to and contingent upon Council adoption of

the 2012 budget.

NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison, as

follows:

1. All quotes have been reviewed, and the quote as submitted by CAPTURE POINT, 215 E. Ridgewood

Avenue, Ridgewood, NJ 07450 for a Computer Software Program for the Department of Recreation; is

determined to be the lowest quote.

2. The Mayor, or her designee, is hereby authorized to execute a contract in the amount not to exceed

$13,944.00, and any other necessary documents, with CAPTURE POINT.

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R E S O L U T I O N R.231-042012 WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Consumption Liquor License #1205-33-023-005, heretofore issued to Mac Acquisition, LLC, t/a Macaroni Grill for premises located at 1521 Route 1, Edison, NJ 08837; and WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the license business. NOW, THEREFORE BE IT RESOLVED that the Edison Township Governing Body does hereby approve, effective April 11, 2012, the transfer of the aforesaid Plenary Retail Consumption License to Mac Acquisition of New Jersey, LLC, t/a Macaroni Grill for premises located at 1521 Route 1, Edison, NJ 08837 and does hereby direct the Township Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all its terms and conditions, is hereby transferred to Mac Acquisition of New Jersey, LLC, effective April 11, 2012.”

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R.232-042012

RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT TO HODULIK AND MORRISON, P.A. TO REPRESENT THE TOWNSHIP AS TOWNSHIP AUDITOR

WHEREAS, Hodulik and Morrison, P.A., previously handled auditing for the Township of Edison; and

WHEREAS, the Township recommends Hodulik and Morrison, P.A., for the position of Township

Auditor; and WHEREAS, this contract is being awarded as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5 et. seq.; and

WHEREAS; the total amount of this contract shall not exceed $115,000.00; and WHEREAS, Hodulik and Morrison, P.A., has completed and submitted a Business Entity Disclosure Certification which certifies that they have not made any reportable contributions to a political or candidate committee in the Township of Edison in the previous one year, and that the contract will prohibit Hodulik and Morrison, P.A. from making any reportable contributions through the term of this one year contract; and

WHEREAS, compensation for the professional services shall be at a rate of $135 per hour for

Principal, $110 per hour for Senior Accountant and $85 per hour for Junior Accountant, in an amount not to exceed One Hundred Fifteen Thousand ($115,000.00) dollars (inclusive of expenses); and

NOW, THEREFORE, IT IS RESOLVED by the Township Council of the Township of Edison, as

follows: 1. The Township is hereby authorized to execute a contract and any other necessary

documents, in the amount of $115,000.00, with Hodulik and Morrison, P.A., 1102 Raritan Avenue, PO Box 1450, Highland Park, NJ 08904 as set forth above.

2. This contract is awarded pursuant to N.J.S.A. 19:44A-20.5 et. seq, and without competitive bidding.

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