cda (hekemian) appendix in opposition to motion for reconsideration
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{F:/wdox/docs/014613/00001/02935838; 1}{F:/wdox/docs/014613/00001/02935838; 1}
CRANFORD DEVELOPMENTASSOCIATES, LLC, a limited liabilitycompany organized under the laws ofthe State of New Jersey, SAMUEL
HEKEMIAN, PETER HEKEMIAN,JEFFREY HEKEMIAN, and ANNKRIKORIAN as trustee for RICHARDHEKEMIAN and MARK HEKEMIAN,Plaintiffs,
vs.
TOWNSHIP OF CRANFORD, MAYORAND COUNCIL OF THE TOWNSHIPOF CRANFORD and the PLANNING
BOARD OF THE TOWNSHIP OFCRANFORD,Defendants.
SUPERIOR COURT OF NEW JERSEYUNION COUNTY - LAW DIVISIONDOCKET NO. UNN-L-003759-08
Civil Action
APPENDIX OF PLAINTIFFS CRANFORD DEVELOPMENT ASSOCIATES, LLC
ET AL IN OPPOSITION TO DEFENDANTS MOTION FOR
RECONSIDERATION
______________________________________________________________________________
Of Counsel and on the Brief:Stephen Eisdorfer, Esq.
HILL WALLACK LLP202 Carnegie CenterPrinceton, New Jersey 08543(609) [email protected] for Plaintiffs
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EXHIBIT A
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EXHIBIT B
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{F:\WDOX\DOCS\014613\00001\02535598; 1}
LEHIGH ACQUISITION CORP.,Plaintiffs,
vs.
TOWNSHIP OF CRANFORD andPLANNING BOARD OF THETOWNSHIP OF CRANFORD,Defendants;
and
CRANFORD DEVELOPMENTASSOCIATES, LLC, a limited liabilitycompany organized under the laws of
the State of New Jersey, SAMUELHEKEMIAN, PETER HEKEMIAN,JEFFREY HEKEMIAN, and ANNKRIKORIAN as trustee for RICHARDHEKEMIAN and MARK HEKEMIAN,Plaintiffs,
vs.
TOWNSHIP OF CRANFORD, MAYORAND COUNCIL OF THE TOWNSHIP
OF CRANFORD and the PLANNINGBOARD OF THE TOWNSHIP OFCRANFORD,Defendants.
SUPERIOR COURT OF NEW JERSEYUNION COUNTY - LAW DIVISIONDOCKET NOS. UNN-L-0140-08
UNN-L-003759-08
Civil Action
______________________________________________________________________________
APPENDIX IN SUPPORT OF APPLICATION IN AID OF LITIGANTS RIGHTS
AND FOR OTHER RELIEF
Volume I Exhibits A to C
______________________________________________________________________________
Of Counsel and on the Brief:Stephen Eisdorfer, Esq.
HILL WALLACK LLP202 Carnegie CenterPrinceton, New Jersey 08543(609) 924-0808Attorneys for Plaintiffs
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{F:\WDOX\DOCS\014613\00001\02535598; 1} i
APPENDIX
Volume I
Transcript of decision of court, July 29, 2011.......................................... Ex. A
Order granting builders remedy, December 9, 2011................................ Ex. B
Certification of Douglas Cohen, Esq. with Exhibits .................................. Ex. C
CDA Application for Soil Erosion and Sediment Control CertificateOctober 24, 2011 ................................................................. Att. 1
SUSCD Soil Erosion and Sediment Control Certificate,October 28, 2011 ................................................................. Att. 2
Solid Waste Facility Application, October 19, 2011......................... Att. 3
Application for Minor Landfill Disruption for Fill/Debris Removal,October 24, 2011........................................................................... Att. 4
NJDEP Minor Landfill Disruption Approval, November 23, 2011 .... Att. 5
Application for a Soil Removal Permit under Cranford Code 197-1 etseq., November 4, 2011 ................................................................. Att. 6
Letter from D. Cohen to R. Marsden, November 21, 2011............... Att. 7
Letter from R. Marsden to D. Cohen, November 23, 2011............... Att. 8
Volume II
Letter from D. Cohen to R. Marsden, November 30, 2011............... Att. 9
Request for public records, December 1, 2011 ............................. Att. 10
Cranford response to request for public records,
December 12, 2011 ............................................................ Att. 11
Notice of violation, December 9, 2011 .......................................... Att. 12
Summons for violation of 197, October 21, 2011........................ Att. 13
Cranford Code 197-1 et. seq. .............................................................. Ex. D
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{F:\WDOX\DOCS\014613\00001\02535598; 1} ii
Minutes of Cranford Township Committee, October 15, 2011 .................. Ex. E
Minutes of Cranford Township Committee, November 14, 2011................Ex. F
Minutes of Cranford Township Committee, November 21, 2011............... Ex. G
Letter from D. Aschenbach and D. Robinson to Gov. C. Christie, December 22,2011 reproducedhttp://www.cranford.com/uploads/township/files/Mayor%20Letter.pdf(accessed December 26, 2011) ....................................................... Ex. H
Levee system faces potential failure, Cranford Chronicle, November 22,2011, reproduced athttp://www.nj.com/cranford/index.ssf/2011/11/levee_system_faces_potential_f.html (accessed December 15, 2011)....................................Ex. I
M. Lipari Certification, December 27, 2011 ..............................................Ex. J
Photograph of plan displayed at meeting of Cranford TownshipCommittee, November 21, 2011............................................ Att. 1
NJDEP, Division of Solid and Hazardous Waste, Bureau of Landfill andRecycling Management, Technical Manual for Sanitary Landfill Permitsand Approvals (March 1999) at 42-47 reproduced athttp://www.nj.gov/dep/dshw/resource/techman.htm (accessedDecember 21, 2011)....................................................................... Ex. K
Tomu Development Co., Inc. v. Borough of Carlstadt, Dkt. No. A-5512-05, 2008WL 4057912 (App. Div. 2008), certif. denied, 197 N.J. 474 (2008)reproduced at http://lawlibrary.rutgers.edu/courts/appellate/a5512-05.opn.html (accessed December 26, 2011) ....................................Ex. L
Catanzareti v. Borough of High Bridge, Dkt. No. A-2093-04T2, 2006 WL1520274 (App. Div. 2006), reproduced athttp://lawlibrary.rutgers.edu/courts/appellate/a2093-04.opn.html(accessed December 26, 2011) .......................................................Ex. M
Norian v. Planning Board of Borough of Alpine, Dkt. No. A-3163-04, 2005 WL
3577525 (App. 2006) reproduced athttp://lawlibrary.rutgers.edu/courts/appellate/a3163-04.opn.html(accessed December 26, 2011) ....................................................... Ex. N
Certification of Stephen Eisdorfer, Esq., December 26, 2011 ................... Ex. O
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EXHIBIT C
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EXHIBIT D
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Page 202 to 205 of 242 CRUZ & COMPANY, LLC
202
opportunity for you to enter evidence similar to1
what you heard.2
MS. LaBRUTTO: Then I will get on with3
it.4
Basically, what we have had was we have5
a landfill on the site that was excavated. The6
D.E.P. permits were not taken out at the time that7
the excavation occurred. We have a certification8
that is in the trial testimony where Doug Cohen9
certifies that test pits were dug on August 23rd --10
I'm sorry, that they were dug on October 17, 2011,11
right before he was going into court. The test pits12
were August 23, 2011.13
There is a certification here from14
McKenzie saying there were no environmental issues15
on the property. The judge, from what I can tell16
from the testimony, was never told that there was a17
landfill on the property that had petroleum and lead18
on it. I have the D.E.P. report.19
MR. WOLFSON: See, I can't consider20
anything --21
MS. LaBRUTTO: I want to put it on22
the record.23
MR. WOLFSON: -- that happened at the24
trial.25
203
MS. LaBRUTTO: Right.1
MR. WOLFSON: I can't consider2
anything that happened prior to the trial. And if3
make reference to what happened prior -- I am4
required to hear the evidence as presented by the5
applicant and the town and the public in determining6
whether or not this site plan should be approved or7
approved with conditions or approved in modified8
form.9
MS. LaBRUTTO: Okay.10
MR. WOLFSON: I would like you to help11
me do that, but you can't tell me what the judge did12
wrong or what was on the site prior to now. I mean13
you can say those things, but they have no bearing.14
If you have something relevant you would like me to15
consider --16
MS. LaBRUTTO: Right.17
MR. WOLFSON: -- that relates to the18
project, the way it is designed, the way it is laid19
out, the drainage, anything else, I am more than20
happy to, in fact anxious to hear those things.21
MS. LaBRUTTO: Can I give you the22
D.E.P. reports that have the petroleum and lead on23
it that are part --24
MR. WOLFSON: Show those to the25
204
attorneys and we will mark this as an exhibit.1
MS. LaBRUTTO: Okay. As far as the2
testimony goes --3
MR. WOLFSON: Just a moment.4
MS. LaBRUTTO: I'm sorry.5
MR. EISDORFER: I have no objection to6
the permit. There is another document that is also7
attached to this.8
MS. LaBRUTTO: It just shows the9
August test pits.10
MR. EISDORFER: We have got, we have11
got three different documents here and I don't know12
what they are.13
MS. LaBRUTTO: Do you want me to14
show --15
MR. EISDORFER: You have asked for the16
permit and I have the incident complaint, and I have17
no objection to admission of the incident complaint.18
I don't know what these other documents are.19
MS. LaBRUTTO: This is McKenzie's20
certification in 2010. That is part of the report.21
And this is your test pit report and Doug Cohen's22
certification.23
MR. EISDORFER: I have no objection to24
the incident report. The other documents are25
205
hodgepodge documents.1
MR. WOLFSON: Are what?2
MR. EISDORFER: Hodgepodge documents.3
MR. WOLFSON: Give that document to4
the Court Reporter and we will mark that one. And5
let me see the other documents.6
(Exhibit LaBrutto-1, Report of7
Incident/Complaint, three pages, is marked for8
identification by the Court Reporter.)9
MS. LaBRUTTO: This is January 10,10
2010. That was part of the court documents where11
there is a certification by McKenzie that it's one12
of 73. I didn't bring the 73 pages with me where13
there are statements that there were no14
environmental issues.15
MR. WOLFSON: This is a newspaper16
article?17
MS. LaBRUTTO: This is a, yes -- not a18
newspaper article. It's a flier. But basically19
what it show is the top piece --20
MR. WOLFSON: Did you put this21
together yourself?22
MS. LaBRUTTO: From their documents.23
MR. WOLFSON: But you did it?24
MS. LaBRUTTO: Yes.25
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EXHIBIT G
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EXHIBIT J
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EXHIBIT K
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EXHIBIT L
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PROFESSIONAL ENVIRONMENTAL CONSULTANTS
74 Main St., 2nd Fl.Woodbridge, NJ 07095
P: 732.326.1010F: 732.326.1012
www.peak-environmental.com
June 21, 2013 via certified mail/return receipt
Bureau of Case Assignment and Initial NoticeSite Remediation Program
New Jersey Department of Environmental Protection
401-05H
PO Box 420
Trenton, NJ 08625-0420
RE: Initial Receptor Evaluation
Cranford Development Associates, LLC et al
215 Birchwood Avenue
Cranford, New Jersey
NJDEP PI#573212
To Whom It May Concern:
This letter is to inform you that our client, Cranford Development Associates, LLC et al, has complied
with the New Jersey Department of Environmental Protections (NJDEPs) requirement to perform a
Receptor Evaluation for the above referenced property. Transmitted with this letter is a completed
Receptor Evaluation form for the above referenced site and applicable attachments.
We trust this information is suitable to meet your needs. If you have any questions or require additionalinformation, please do not hesitate to contact me or Robert Edgar, LSRP, at 732-326-1010.
Sincerely,
PEAK ENVIRONMENTAL INC.
Paul E. DruckerProject Manager
Enc. RE Form w/ attachments
cc: Tara Rowley - Township of Cranford ClerkMonika Koscova-Jencik - Township of Cranford Health InspectorCranford Development Associates, LLCRobert Edgar, LSRP Peak Environmental
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Receptor Evaluation Form Page 2 of 6
Version 1.7 05/07/12
SECTION C. DESCRIPTION OF CONTAMINATION
1. Identify if any of the following exist at the site (check all that apply):
Free product [N.J .A.C. 7:26E-1.8] identified is LNAPL* or DNAPL**. Date identified:
Residual product [N.J .A.C. 7:26E-1.8]
Other high concentration source materials not identified above (e.g., buried drums, containers,unsecured friable asbestos)
Explain:
* LNAPL measured thickness of .01 feet or more**DNAPL See US EPA DNAPL Overview
2. Soil Migration Pathway
Has soil contamination been delineated to the applicable Direct Contact SoilRemediationStandard? ............................................................................................................................ Yes No
Are all soils either below the applicable Direct Contact Criteria or under an institutionalcontrol (i.e. deed notice)? ......................................................................................................................... Yes No
3. If this evaluation is submitted with a technical document that includes contaminant summary information, proceed toSection D. Otherwise attach a brief summary of all currently available data and information to be included in the siteinvestigation or remedial investigation report.
SECTION D. GROUND WATER USE
1. Has the requirement for ground water sampling been triggered? ...................................... Yes No UnknownIf No, proceed to Section F. If Unknown, explain:
2. Is Ground water contaminated above the Ground Water Remediation Standards[N.J .A.C.7:9C]? ................................................................................................................... Yes No Unknown
Or Awaiting laboratory data with the expected due date:
If Yes, provide the date that the laboratory data was available and confirmed contamination above
the Ground Water Remediation Standards. Date:
If Unknown, explain:
If No, or awaiting laboratory data proceed to Section F.
3. Has ground water contamination been delineated to the applicable Remediation Standard? .................... Yes No
4. Has a well search been completed? ............................................................................................................ Yes No
Date of most recent or updated well search:
Identify if any of the following conditions exist based on the well search [N.J .A.C.7:26E-1.14(a)] (check all that apply):
Potable wells located within 500 feet from the downgradient edge of the currently known extent of contamination.
Potable well located 250 feet upgradient or 500 feet side gradient of the currently known extent of contamination.
Ground water contamination is located within a Tier 1 wellhead protection area (WHPA).
5. Is a completed Well Search Spreadsheet or historical well search table attached andhas an electronic copy of the spreadsheet been submitted to [email protected]. ...................... Yes No
If No, explain:
6. Are any private potable or irrigation wells located within mile of the currently known extentof contamination? ......................................................................................................................................... Yes No
If Yes, was a door to door survey completed? ..................................................................................... Yes No
If survey was not completed explain:
7. Has sampling been conducted of potable well(s) and /or non-potable use well(s)? ........................ Yes No
If No, provide justification then proceed to Section E.
GW SI is required. GW SI is being performed. No GW impacts identified as of this date.
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Receptor Evaluation Form Page 3 of 6
Version 1.7 05/07/12
8 Has contamination been identified in potable well(s) above Ground Water RemediationStandards that is not suspected to be from the site? (If Yes, provide justification) ................................... Yes No
9 Has contamination been identified in potable well(s) that is above the Ground WaterRemediation Standards or Federal Drinking Water Standards? .................................................................. Yes No
Provide date laboratory data was received:
Or awaiting laboratory data with the expected due date:
If Yes for potable well contamination not attributable to background, follow the IEC Guidance Document at
http://www.nj.gov/dep/srp/guidance/index.html#iec for required actions and answer the following:
Has an engineered system response action been completed on all receptors? .................................... Yes NoProvide a brief narrative description:
Date completed: NJ DEP Case Manager:
10. Were Non-potable use well(s) sampled and results were above Class II Ground WaterRemediation Standards? .............................................................................................................................. Yes No
Provide date laboratory data was received:
Or awaiting laboratory data with the expected due date:
11. Has the ground water use evaluation been completed? ............................................................................. Yes No
SECTION E. VAPOR INTRUSION (VI)
1. Contaminants present in ground water exceed the Vapor Intrusion Ground Water ScreeningLevels that trigger a VI evaluation. (see NJ DEP Vapor Intrusion Technical Guidance). ... Yes No Unknown
Or Awaiting laboratory data and the expected due date:
Provide the date that the laboratory data was available and confirmed contamination above the Vapor IntrusionTrigger Levels. Date:
2. Other existing conditions that trigger a VI evaluation. (see NJ DEP Vapor Intrusion Technical Guidance)
Wet basement or sump containing free product or ground water containing volatile organicsMethane generating conditions causing oxygen deficient or explosion concern
Other human or safety concern from the VI pathway (i.e. elemental mercury, unsaturated contamination, elevatedsoil gas or indoor vapor (explain):
If you answered No, or awaiting laboratory data to Question 1., and did not check any boxes in Question 2, proceed toSection F, Ecological Receptors, otherwise complete the rest of this section.
3. Has ground water contamination been delineated to the applicable GroundWater Vapor Screening Level? .................................................................................................................... Yes No
4. Was a site specific screening level, modeling or other alternative approach employed
for the VI pathway? ....................................................................................................................................... Yes No5. Identify and locate on a scaled map any buildings/sensitive populations that exist within the following distances from
ground water contamination with concentrations above the Vapor Intrusion Ground Water Screening Levels or specificthreats (check all that apply):
30 feet of petroleum free product or dissolved petroleum hydrocarbon contamination in ground water
100 feet of any non-petroleum free product or any non-petroleum dissolved volatile organic ground watercontamination
No buildings exist within the specified distances
6. The vapor intrusion pathway is a concern at or adjacent to the site (if No, attach justification) ................ Yes No
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Receptor Evaluation Form Page 4 of 6
Version 1.7 05/07/12
7. Has soil gas sampling of the building(s) been conducted? ........................................................... Yes No N/AIf No, or N/A, proceed to #10
8. Has indoor air sampling been conducted at the identified building(s)? ....................................................... Yes NoIf No, proceed to #10
9 Has indoor air contamination been identified but not suspected to be from the site?(if Yes, attach justification) .................................................................................................................... Yes No
10. Indoor air results were above the NJ DEPs Rapid Action Levels. ............................................................... Yes No
Provide the date that the laboratory data was available and confirmed contamination above theRapid Action Levels. Date:
Or Awaiting laboratory data with the expected due date:
If Yes to #8 above, follow the IEC Guidance Document at
http://www.nj.gov/dep/srp/guidance/index.html#iec for required actions.
The IEC engineering system response for control was implemented for allidentified structures ................................................................................................................................. Yes No
Date: NJ DEP Case Manager:
11. Indoor air sampling was conducted and results were above the NJ DEPs Indoor Air ScreeningLevels but at or below the Rapid Action Levels ........................................................................................... Yes No
Provide the date that the laboratory data was available. Date:
Or Awaiting laboratory datawith the expected due date:
If Yes to #10 above, answer the follow ing:
Has the Vapor Concern (VC) Response Action Formnotifying the NJ DEP of the exceedancesbeen submitted? ...................................................................................................................................... Yes NoDate:
Has a plan to mitigate and monitor the exposure been submitted? ........................................................ Yes NoDate:
Has the Mitigation Response Action Report been submitted? ................................................................ Yes NoDate:
12. Has the vapor intrusion investigation been completed? ............................................................................... Yes NoIf No, is the vapor intrusion investigation stepping out as part of the siteinvestigation or remedial investigation. (If No, attach justification) ....................................................... Yes No
SECTION F. ECOLOGICAL RECEPTORS
1. Has an Ecological Evaluation (EE) has been conducted? [N.J .A.C. 7:26E-1.16] ...................................... Yes No
Date conducted:
2. Do the results of an EE trigger a remedial investigation of ecological receptors? [N.J .A.C. 7:26E-4.8]. .... Yes No
3. Has a remedial investigation of ecological receptors been conducted? ...................................................... Yes No
Date conducted:
4. Provide the name(s) of any surface water body on or within 200 feet of the site:
5. Is free product or residual product located within 100 feet from an ecological receptor? ............................ Yes No
6. Available data indicate an impact on: Ecological receptor(s) Surface water Sediment
If this evaluation is submitted with a technical document that includes contaminant summary information, proceed toSection G. Otherwise attach a description of the type of contamination and provide a schedule and a description ofall actions to be taken to mitigate exposure
02/01/2013
None
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Receptor Evaluation FormSensitive Populations/Uses mapping 200' Buffer of Site Boundary
Map Printed On {2013-06-19 15:44}
Selections
1 Municipal Code: 2003, Block: 290, Lot: 4,Qualifier: *
2 Municipal Code: 2003, Block: 289, Lot: 4,
Qualifier: *
3 Municipal Code: 2003, Block: 292, Lot: 2,
Qualifier: *
4 Municipal Code: 2003, Block: 292, Lot: 3.01,
Qualifier: *
5 Municipal Code: 2003, Block: 289, Lot: 6,
Qualifier: *
6 Municipal Code: 2003, Block: 287, Lot: 14,Qualifier: *
7 Municipal Code: 2003, Block: 290, Lot: 1, Qualif ier:
*
8 Municipal Code: 2003, Block: 291, Lot: 15.01,
Qualifier: *
9 Municipal Code: 2003, Block: 289, Lot: 5, Qualif ier:
*
10 Municipal Code: 2003, Block: 293, Lot: 2, Qualif ier:
*
11 Municipal Code: 2003, Block: 286, Lot: 12,Qualifier: *
12 Municipal Code: 2003, Block: 286, Lot: 14,
Qualifier: *
13 Municipal Code: 2003, Block: 289, Lot: 2,
Qualifier: *
14 Municipal Code: 2003, Block: 289, Lot: 3,
Qualifier: *
15 Municipal Code: 2003, Block: 293, Lot: 1,
Qualifier: *
16 Municipal Code: 2003, Block: 290, Lot: 2,Qualifier: *
17 Municipal Code: 2003, Block: 290, Lot: 3,
Qualifier: *
18 Municipal Code: 2003, Block: 287, Lot: 15,
Qualifier: *
19 Municipal Code: 2003, Block: 286, Lot: 13,
Qualifier: *
20 Municipal Code: 2003, Block: 289, Lot: 1,
Qualifier: *
Comments Cranford Development Associates, LLC et al (CDA, et al)
Print Preview
http://njwebmap.state.nj.us/NJGeoWeb/WebPages/print/PrintPreviewPage.aspx
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
NURSING HOME
SUBJECT PROPERTY
215 BIRCHWOOD
AVE.
COMMERCIAL
PUBLIC COMMERCIAL
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NJTaxMaps.comDetailed Property Report 6/19/2013
ALEXO: KENNETH & ALEXANDRA
29 WADSWORTH TERR
Owners Mailing Address
ALEXO: KENNETH & ALEXANDRA
29 WADSWORTH TERR
CRANFORD, N J 070162554County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
286
14
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$90,400.00
$127,900.00
$218,300.00$11,912.63
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
312800-8
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
58.59%
1S-F-S-1G
7724 SF
7723
Deed Book/Page:
Deed Date:
Sale Price:
5787 140
10/15/2009
$562,500.00
Information deemed accurate but not reliable. Page: 3
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NJTaxMaps.comDetailed Property Report 6/19/2013
JACKSON: BERNARD & JO ANN
602 UNION AVE N
Owners Mailing Address
JACKSON: BERNARD & JO ANN
602 UNION AVE N
CRANFORD, N J 070162553County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
289
1
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$90,700.00
$137,500.00
$228,200.00$12,452.87
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
314600-0
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
60.25%
1S-F-S-1G
7439 SF
7440
Deed Book/Page:
Deed Date:
Sale Price:
3909 15
11/19/1992
$246,000.00
Information deemed accurate but not reliable. Page: 6
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NJTaxMaps.comDetailed Property Report 6/19/2013
BOMBACI: ANTHONY & LAUREEN
35 WADSWORTH TERR
Owners Mailing Address
BOMBACI: ANTHONY & LAUREEN
35 WADSWORTH TERR
CRANFORD, N J 070162570County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
289
3
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$88,100.00
$108,100.00
$196,200.00$10,706.63
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
314800-2
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
55.10%
1S-F-S-1G
7000 SF
7000
Deed Book/Page:
Deed Date:
Sale Price:
3302 278
11/1/1982
$95,000.00
Information deemed accurate but not reliable. Page: 8
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NJTaxMaps.comDetailed Property Report 6/19/2013
CHIODO: MICHAEL & MICHELLE
39 WADSWORTH TERR
Owners Mailing Address
CHIODO: MICHAEL & MICHELLE
39 WADSWORTH TERR
CRANFORD, N J 070162570County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
289
5
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$87,100.00
$98,300.00
$185,400.00$10,117.28
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
315000-1
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
53.02%
1S-F-S-1G
6500 SF
6499
Deed Book/Page:
Deed Date:
Sale Price:
5408 232
12/11/2003
$465,000.00
Information deemed accurate but not reliable. Page: 10
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NJTaxMaps.comDetailed Property Report 6/19/2013
FLESHER: ROBERT W & MARY L
41 WADSWORTH TERR
Owners Mailing Address
FLESHER: ROBERT W & MARY L
41 WADSWORTH TERR
CRANFORD, N J 070162570County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
289
6
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$87,100.00
$99,100.00
$186,200.00$10,160.93
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
315100-2
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
53.22%
1S-F-S-1G
6500 SF
6499
Deed Book/Page:
Deed Date:
Sale Price:
4797 35
2/6/1997
$225,000.00
Information deemed accurate but not reliable. Page: 11
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NJTaxMaps.comDetailed Property Report 6/19/2013
KELLY: ROBERT J & JESSICA C
600 UNION AVE N
Owners Mailing Address
KELLY: ROBERT J & JESSICA C
600 UNION AVE N
CRANFORD, N J 070162516County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
290
1
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$91,600.00
$143,900.00
$235,500.00$12,851.23
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
315600-7
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
61.10%
1S-F-S-1G
7838 SF
7836
Deed Book/Page:
Deed Date:
Sale Price:
5704 327
3/31/2008
$560,000.00
Information deemed accurate but not reliable. Page: 12
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NJTaxMaps.comDetailed Property Report 6/19/2013
GILBERT: STEPHEN & YOUNG: LORETTA
34 WADSWORTH TERR
Owners Mailing Address
GILBERT: STEPHEN & YOUNG: LORETTA
34 WADSWORTH TERR
CRANFORD, N J 070162571County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
290
2
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$89,900.00
$119,000.00
$208,900.00$11,399.67
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
315700-8
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
56.97%
1S-F-S-1G
7000 SF
7000
Deed Book/Page:
Deed Date:
Sale Price:
3395 398
2/14/1985
$135,000.00
Information deemed accurate but not reliable. Page: 13
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NJTaxMaps.comDetailed Property Report 6/19/2013
PERINO: JANET G
36 WADSWORTH TERR
Owners Mailing Address
PERINO: JANET G
36 WADSWORTH TERR
CRANFORD, N J 070162565County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
290
3
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$89,900.00
$123,200.00
$213,100.00$11,628.87
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
315800-9
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
57.81%
1S-F-S-1G
7000 SF
7000
Deed Book/Page:
Deed Date:
Sale Price:
5641 501
2/15/2007
$1.00
Information deemed accurate but not reliable. Page: 14
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NJTaxMaps.comDetailed Property Report 6/19/2013
SHERIDAN: THOMAS M & CATHERINE H
38 WADSWORTH TERR
Owners Mailing Address
SHERIDAN: THOMAS M & CATHERINE H
38 WADSWORTH TERR
CRANFORD, N J 070162571County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
290
4
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$89,900.00
$97,200.00
$187,100.00$10,210.05
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Residential
2012
315900-0
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
51.95%
1S-F-S-1G
7000 SF
7000
Deed Book/Page:
Deed Date:
Sale Price:
5036 257
10/2/2000
$255,000.00
Information deemed accurate but not reliable. Page: 15
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NJTaxMaps.comDetailed Property Report 6/19/2013
HEKEMIAN: SAMUEL, PETER ET AL
235 BIRCHWOOD AVE
Owners Mailing Address
HEKEMIAN: SAMUEL, PETER ET AL
235 BIRCHWOOD AVE
CRANFORD, N J 070162510County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
291
15.01
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$564,400.00
$126,400.00
$690,800.00$37,696.96
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Commercial
2012
318000-2
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
18.30%
2S-CC
9.525 AC
415127
Deed Book/Page:
Deed Date:
Sale Price:
5733 141
9/19/2008
$8,000,000.00
Information deemed accurate but not reliable. Page: 16
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NJTaxMaps.comDetailed Property Report 6/19/2013
EXCEL-CARE INC
205 BIRCHWOOD AVE
Owners Mailing Address
EXCEL-CARE INC
205 BIRCHWOOD AVE
CRANFORD, N J 070162594County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
292
3.01
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$3,348,000.00
$2,352,000.00
$5,700,000.00$311,049.00
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Commercial
2012
318300-5
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
41.26%
1S-B
10.48 AC
456509
Deed Book/Page:
Deed Date:
Sale Price:
3266 178
8/28/1981
$2,800,000.00
Information deemed accurate but not reliable. Page: 18
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NJTaxMaps.comDetailed Property Report 6/19/2013
BELL ATLANTIC-NEW JERSEY INC % TAX
1100 ORANGE AVE
Owners Mailing Address
BELL ATLANTIC-NEW JERSEY INC % TAX
P O BOX 152206
IRVING, TX 750152206County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
293
1
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$2,225,000.00
$1,436,900.00
$3,661,900.00$199,829.88
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Commercial
2012
318800-0
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
39.24%
2S-RC
12 AC
522720
Deed Book/Page:
Deed Date:
Sale Price:
2667 212
11/4/1963
$156,000.00
Information deemed accurate but not reliable. Page: 19
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NJTaxMaps.comDetailed Property Report 6/19/2013
TOWNSHIP OF CRANFORD
210 BIRCHWOOD AVE
Owners Mailing Address
TOWNSHIP OF CRANFORD
8 SPRINGFIELD AVE
CRANFORD, N J 070162199County:
Town:
Block:
Lot:
Qual:
UNION
CRANFORD
293
2
Tax Information
Land Value:
Improvement Value:
Total Assessment:Property Tax:
Assessed Year:
$5,982,600.00
0
$5,982,600.00$326,470.48
2005
Property Type:
Tax Year:
Exemption Status:Tax Account #:
Public
2012
318900-1
Property Description
Improvement Percentage:
Building Description:
Lot Size:
Sq. Feet:
Prior Owner:
0
30.68 AC
1336421
Deed Book/Page:
Deed Date:
Sale Price:
2855 798
3/13/1969
0
Information deemed accurate but not reliable. Page: 20
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ProjectSummary
June2013InitialReceptorEvaluation
CranfordDevelopmentAssociates,LLC
215BirchwoodAvenue(Block292,Lot2)
Cranford,
New
Jersey
Block292,Lot2
NJDEPCase#120208140107,NJDEPPI#573212
In2012,CranfordDevelopmentAssociates,LLC (CRDA)removed1,014 tonsofdebris/fill inaccordancewiththe
MinorLandfillDisruptionApprovalApplication(MLDAA)preparedbyH2MAssociates,Inc.andapprovedbythe
NJDEP in November 2011. The fill/debris layer consisted of approximately 65% soil/fill and 35% debris,was
locatedfour(4)tofive(5)feetbelowsitegrade(bsg),wasapproximatelyfour(4)feetthick,andextendedoveran
areathatisapproximately16,400squarefeetinsize. TheMLDAArequiredthatanyfill/debrismaterialconsidered
suspectweretobeheldforsubsequentcharacterizationanddisposal.
Theresultsofthe fill/debrismaterialsite investigationsampling identifiedoneareaof lead impacteddebris/fill.
Thisareaofleadimpactedfill/debrishasbeendesignatedasareaofenvironmentalconcern(AOC)1. Basedon
conversationswiththeNJDEP,theoriginalintentionwastoaddresstheremovalofthesmallareaofleadimpacted
soilswithintheSanitaryLandfillClosureReportthathasbeenpreparedfortheProperty. However,duringthefinal
stagesof thedebris/fill removal,anareaofwhatappeared tobeburiedcrushed55galloncapacitydrumswas
encountered. The drums and surrounding impacted soilswere designated as AOC 2. Since the drumswere
required tobeaddressedusingaLicensedSiteRemediationProfessional (LSRP), itwasdecided thatbothAOCs
wouldbeaddressedbytheLSRPthroughthepreparationandsubmissionofaRemedialActionReport.
Theimpacted
soils
were
excavated,
and
the
results
of
post
excavation
sampling
performed
in
accordance
with
the
applicableNJDEPguidanceandtheTechnicalRegulationsforSiteRemediationdemonstratedcompliancewiththe
NJDEPSoilRemediationStandards,theNJDEPdefaultImpacttoGroundwaterScreeningLevels(dIGWSL),andthe
sitespecificImpacttoGroundwaterSoilRemediationStandards(IGWSRS)(whereapplicable).
Based upon the depth of the former soil contamination in AOCs 1 and 2, and the anticipated depth to
groundwater, a Site Investigation of groundwater is required. This investigation has beenpartially completed
throughthe installationandsamplingofatemporarygroundwatersamplingpoint. Theresultsofthesampling
demonstratedcompliancewiththeNJDEPGroundWaterQualityStandards. Theinstallationofapermanentwell
hasbeenscheduledtocompletetheSiteInvestigationofgroundwater.
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EXHIBIT M
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OCD{N COUNTY RECYCLING CENTER, TNC.^tlCEANCOUNWRECYCLINC CENTER NC.tJ 1497 LAKEWOOD ROAD,TOMS zuVER, NEWJERSEY08755(732) 244-1776 FAX: (732) 914-0373July 1 ,2013To Whom lt Moy Concern:Oceon County Recycling Center, Inc., of your request chonged the locotion ofincoming tires from Middlesex Boro to Cronford Twp forinvoice #392502 doted 5/2/12osit wos stoted thot the driver incorrectly identified the locotion from which the tires weregeneroted.Unfortunotely, ony time o ticket is reprinted it outomoticolly colculotes with currentinformotion included in the order section. The order section is for internol use only onddoes not reflect loods or tons delivered from ony one trucker in porticulor. lf thot someticket were to be reprinted todoy, the loods & tons would be higher yet ogoin.lf you need odditionol informotion pleose do not hesitote to contoct us.Regords,
hgSlo KocsurOffice Monoger
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EXHIBIT N
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The Minutes of the Official Meeting of the Township Committee of the Township of Cranford, Countyof Union, State of New Jersey on May 7, 2013 at 8:00 p.m. in Council Chambers.
THIS MEETING IS IN COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT AS ADEQUATENOTICE OF THIS MEETING HAS BEEN PROVIDED BY MAILING THE ANNUAL SCHEDULE OFMEETINGS TO THE CRANFORD CHRONICLE, UNION COUNTY LOCAL SOURCE, AND THE STARLEDGER, BY POSTING SUCH ANNUAL MEETING SCHEDULE ON A BULLETIN BOARD IN THE
TOWN HALL RESERVED FOR SUCH ANNOUNCEMENTS AND THE FILING OF SAID NOTICE WITHTHE TOWNSHIP CLERK OF CRANFORD. FORMAL ACTION MAY BE TAKEN AT THIS MEETING.
PRESENT: Mayor Thomas H. Hannen, Jr.Deputy Mayor Edward OMalleyCommissioner Kevin CampbellCommissioner Andis KalninsCommissioner Lisa Adubato
ABSENT: None
INVOCATION AND FLAG SALUTE
The invocation was led by Deputy Mayor OMalley, followed by the flag salute led by Junior Girl Scout Troop40115.
MINUTE APPROVALOn motion of Commissioner Campbell, seconded by Commissioner Adubato and passed, the minutes of theWorkshop Meeting of April 22, 2013 and the Conference and Official Meetings of April 23, 2013 were approvedby the indicated vote of the Township Committee:Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
PAYMENT OF BILLSOn motion of Commissioner Kalnins, seconded by Deputy Mayor OMalley and passed, the bills were approvedfor payment by recorded vote. Said bills, totaling $404,074.57 are on file in the Office of the Township Clerk.Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
MAYORAL ANNOUNCEMENTS
Police WeekWHEREAS, the Congress and President of the United States have designated May 15th as Peace OfficersMemorial Day and the week in which it falls as Police Week; andWHEREAS, the Cranford Police Department has grown to be a modern and scientific law enforcement agencywhich unceasingly provides a vital public service, and plays an essential role in safeguarding the rights andfreedoms of the residents of Cranford; andWHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities oftheir police department and that members of our police department recognize their duty to serve the people bysafeguarding life and property, by protecting them against violence or disorder, and by protecting the innocentagainst deception and the weak against oppression or intimidation.NOW, THEREFORE BE IT RESOLVED, that I, Thomas H. Hannen, Jr., Mayor of the Township ofCranford, call upon all citizens of the Township of Cranford and upon all patriotic, civic and educational
organizations to observe the week of May 12 through 18, 2013 as POLICE WEEK with appropriate ceremoniesin which all of our citizens may join in commemorating police officers, past and present, who, by their faithfuland loyal devotion to their responsibilities, have rendered a dedicated service to their communities and in doingso, have established for themselves an enviable and enduring reputation for preserving the rights and security ofall citizens.BE IT FURTHER RESOLVED that I call upon all citizens of the Township of Cranford to observe Tuesday,May 15, 2012 as PEACE OFFICER MEMORIAL DAY in honor of those peace officers who, through theircourageous deeds, have lost their lives or have become disabled in the performance of duty.
Pediatric Stroke Awareness Month
WHEREAS, stroke occurs at a rate of 1 in 2700 live births each year and in 12 in 100,000 children per year,with stroke being the sixth leading cause of death in children; and
WHEREAS between 50 and 85 percent of infants and children who have a Pediatric Stroke will have serious,permanent neurological disabilities, including paralysis, seizures, speech and vision problems, attention,learning and behavioral difficulties, and may require ongoing physical therapy and surgeries; and
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Resolution No. 2013-194:WHEREAS, the local municipal budget for the year 2013 was approved on the 26th day of March, 2013; andWHEREAS, the public hearing on said budget has been held as advertised, andWHEREAS, it is desired to amend said approved budget.NOW, THEREFORE, BE IT RESOLVED, by the TOWNSHIP Committee of the TOWNSHIP ofCRANFORD, County of UNION, that the following amendments to the approved budget of 2013 be made:
CURRENT FUND BUDGETFROM TO
Anticipated Revenues:
Total Section A: Local Revenues1. Surplus Anticipated 1,693,500.00 1,733,500.00
Total Surplus Anticipated 1,693,500.00 1,733,500.00
3. Miscellaneous Revenues - Section A:Local Revenues
Enrichment 40,000.00 0.00
Total Section A: Local Revenues 1,875,900.00 1,835,900.00
SUMMARY OF REVENUES
FROM TO
1. Surplus Anticipated (Sheet #4,1) 1,693,500.00 1,733,500.00
3. Miscellaneous Revenues:
Total Section A: Local Revenues 1,875,900.00 1,835,900.00
Total Miscellaneous Revenues 8,833,305.52 8,793,305.52
6. Amount to be Raised by Taxes for Supportof Municipal Budget:A) Local Taxes for Municipal Purposes
including Reserve for UncollectedTaxes 21,306,664.55 21,556,664.55
Total Amount to be Raised by Taxesfor Support of Municipal Budget 22,628,148.22 22,878,148.22
7. TOTAL GENERAL REVENUES 34,204,953.74 34,454,953.74
8. General Appropriations:
8. a. Operations - within "CAPS":
FROM TO
Legal Services & Costs:Other Expenses 240,000.00 490,000.00
Total Operations within "CAPS" 21,408,234.00 21,658,234.00
Total Operations including Contingentwithin "CAPS" 21,408,234.00 21,658,234.00
Detail:Other Expenses 8,951,775.00 9,201,775.00
Total General Appropriations for Municipal Purposeswithin "CAPS" 24,323,714.00 24,573,714.00
l. Subtotal General Appropriations(Items (h-1) and (o) 32,578,659.52 32,828,659.52
9. TOTAL GENERAL APPROPRIATIONS 34,204,953.74 34,454,953.74BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed forthwith in the Office ofthe Director of Local Government Services for certification of the local municipal budget so amended; an d
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BE IT FURTHER RESOLVED, that this complete amendment or summary, in accordance with the provisionsof N.J.S.A.40A:4-9, be published in the Cranford Chronicle in the issue of May 17, 2013 , and that saidpublication contain notice of public hearing on said amendment to be held at the Municipal Building on May 21,2013 at 8:00 (p.m.).
Commissioner KalninsDiscussed the amendment to the budget involving the item of revenue for recreation programs. Explained that
this is a minor amendment that DLGS required and a public hearing and advertisement in the paper would nothave been necessary. It is the amendment related to legal expenses that is much more significant, as it impactsthe amount to be raised by taxes. As such, a public hearing and advertisement of the amendment in thenewspaper is required.
Commissioner AdubatoDiscussed the amendment related to legal expenses and believes that additional fees will be needed for thislitigation. It is the Township Committees hope that the amount included in the budget amendment will besufficient for 2013. Also discussed her preference that surplus be utilized for a portion of this expense in order tominimize the impact to taxpayers.
Recorded vote:
Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
F in al Reading and Public H eari ng for the Budget Amendment to be held M ay 21, 2013.
On motion of Commissioner Kalnins, seconded by Deputy Mayor OMalley and passed, the following resolutionwas adopted by roll call vote:
Resolution No. 2013-195:
Removed from the agenda
ORDINANCES Final Reading and Public Hearing
Ordinance No. 2013-05:
The Township Clerk read by title only Ordinance No. 2013-05 entitled, REFUNDING BOND ORDINANCEPROVIDING FOR THE REFUNDING OF $4,120,000 AGGREGATE PRINCIPAL AMOUNT OFOUTSTANDING BONDS OF THE TOWNSHIP OF CRANFORD, IN THE COUNTY OF UNION, STATEOF NEW JERSEY, APPROPRIATING A SUM NOT EXCEEDING $4,200,000 TO PAY THE COSTTHEREOF AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,200,000 AGGREGATEPRINCIPAL AMOUNT OF REFUNDING BONDS OF SAID TOWNSHIP TO FINANCE SUCHAPPROPRIATION. Said ordinance having been advertised and posted in accordance with law, CommissionerKalnins opened the public hearing. Hearing no comments, Commissioner Kalnins closed the public hearing. Onmotion of Commissioner Kalnins, seconded by Deputy Mayor OMalley and passed, said ordinance was adopted
by the indicated vote of the Township Committee:Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
Ordinance No. 2013-06:
The Township Clerk read by title only Ordinance No. 2013-06 entitled, AN ORDINANCE AMENDINGARTICLE VIII, SECTION 219-74 OF CHAPTER 219 REVISED ORDINANCES OF THE TOWNSHIP OFCRANFORD, NEW JERSEY (1988), BY AMENDING SCHEDULE XXIV AND INCLUDING CERTAINPORTIONS OF ROADWAYS AS INDICATED IN SECTION 1 BELOW AND DESIGNATING SAME AS
PREFERENTIAL PARKING ZONES
.Said ordinance having been advertised and posted in accordance with law, Commissioner Campbell opened thepublic hearing. Hearing no comments, Commissioner Campbell closed the public hearing. On motion ofCommissioner Campbell, seconded by Commissioner Adubato and passed, said ordinance was adopted by theindicated vote of the Township Committee:Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
Ordinance No. 2013-07:
The Township Clerk read by title only Ordinance No. 2013-07 entitled, AN ORDINANCE AMENDING PARTI, CHAPTER 42, ARTICLE I, SECTION 3, ADMINISTRATIVE LEGISLATION; POLICE DEPARTMENT;ESTABLISHMENT, ORGANIZATION AND ADMINISTRATION; ESTABLISHMENT OF APPROPRIATEAUTHORITY OF THE CODE OF THE TOWNSHIP OF CRANFORD TO MODIFY THE COMPOSITION
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OF THE POLICE COMMITTEE. Said ordinance having been advertised and posted in accordance with law,Commissioner Campbell opened the public hearing. Hearing no comments, Commissioner Campbell closed thepublic hearing. On motion of Commissioner Campbell, seconded by Commissioner Adubato and passed, saidordinance was adopted by the indicated vote of the Township Committee:Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: None
Abstained: NoneAbsent: None
ORDINANCES - Introduction
Ordinance No. 2013-09:The Township Clerk read by title only Ordinance No. 2013-09 entitled, AN ORDINANCE AMENDING PARTIII, CHAPTER 250, ARTICLE III, SECTION 11, BOARD OF HEALTH LEGISLATION; SANITARYSTANDARDS; STANDARDS ADOPTED BY REFERENCE; RETAIL FOOD ESTABLISHMENTS OF THECODE OF THE TOWNSHIP OF CRANFORD TO INCLUDE GREASE TRAP REQUIREMENTS.Said ordinance was approved on first reading on motion of Commissioner Campbell, seconded by CommissionerAdubato, and passed by the indicated vote of the Township Committee:
Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
Final Reading and Public Hearing for Ordinance No. 2013-10 to be held June 11, 2013.
Ordinance No. 2013-10:The Township Clerk read by title only Ordinance No. 2013-10 entitled, AN ORDINANCE AMENDINGARTICLE VIII, SECTION 219-63 OF CHAPTER 219 REVISED ORDINANCES OF THE TOWNSHIP OFCRANFORD, NEW JERSEY (1988), BY AMENDING SCHEDULE XIII AND INCLUDING CERTAINPORTIONS OF ROADWAYS AS INDICATED IN SECTION 1 BELOW AND DESIGNATING SAME AS
PARKING PROHI BI TED AT AL L TI M ES (Lincoln Park East)Said ordinance was approved on first reading on motion of Commissioner Campbell, seconded by CommissionerAdubato, and passed by the indicated vote of the Township Committee:Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
Final Reading and Public Hearing for Ordinance No. 2013-10 to be held June 11, 2013.
Ordinance No. 2013-11:The Township Clerk read by title only Ordinance No. 2013-11 entitled, AN ORDINANCE AMENDING
ARTICLE VIII, SECTION 219-65 OF CHAPTER 219 REVISED ORDINANCES OF THE TOWNSHIP OFCRANFORD, NEW JERSEY (1988), BY AMENDING SCHEDULE XV AND INCLUDING CERTAINPORTIONS OF ROADWAYS AS INDICATED IN SECTION 1 BELOW AND DESIGNATING SAME ASPARKING PROHIBITED CERTAIN HOURS (Lincoln Park East).Said ordinance was approved on first reading on motion of Commissioner Campbell, seconded by CommissionerAdubato, and passed by the indicated vote of the Township Committee:Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
Final Reading and Public Hearing for Ordinance No. 2013-11 to be held June 11, 2013.
Ordinance No. 2013-12:The Township Clerk read by title only Ordinance No. 2013-11 entitled, AN ORDINANCE AMENDINGARTICLE VIII, SECTION 219-63 OF CHAPTER 219 REVISED ORDINANCES OF THE TOWNSHIP OFCRANFORD, NEW JERSEY (1988), BY AMENDING SCHEDULE XIII AND REMOVING CERTAINPORTIONS OF ROADWAYS AS INDICATED IN SECTION 1 BELOW AND DESIGNATING SAME ASPARKING PROHI BI TED AT AL L TI M ES (Lincoln Park East).Said ordinance was approved on first reading on motion of Commissioner Campbell, seconded by CommissionerAdubato, and passed by the indicated vote of the Township Committee:Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: None
Abstained: NoneAbsent: None
Final Reading and Public Hearing for Ordinance No. 2013-12 to be held June 11, 2013.
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RESOLUTIONS By Consent Agenda
On motion of Commissioner Adubato, seconded by Commissioner Campbell and passed, the followingresolutions were adopted by consent agenda:
Resolution No. 2013-196:
WHEREAS, on or about July 13, 2011, the Township of Cranford entered into a contract with CircelliConstruction for Concession Rights for the Cranford Canoe Club; andWHEREAS, said contract provided for the Contractor to operate said concessions for the2011 and 2012 seasons; andWHEREAS, said contract further provided for the extension of the contract for the 2013 and 2014 seasons at theoption of the Township; andWHEREAS, the Township Committee has determined to extend said contract for the2013 season;NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Cranford that the:
1. Aforementioned contract dated July 13, 2011 between the Township of Cranford and CircelliConstruction be, and hereby is, extended to include the 2013 season; and
2. Sum to be paid by the Contractor to the Township for the 2013 season shall be $5,100 and;
3. The Township Administrator be, and hereby is, authorized and directed to notify the Contractorof the extension granted herein.
Resolution No. 2013-197:
A RESOLUTION REQUESTING AN EXTENSION OF TIME FROM THE NEW JERSEY
DEPARTMENT OF TRANSPORTATION FOR THE NORTH AVENUE STATION PLAZA
PEDESTRIAN IMPROVEMENTS PROJECT
WHEREAS, the Township was awarded a grant from the New Jersey Department of Transportation for theproject known as the TV- 2011 North Avenue Station Plaza Pedestrian Improvements - NJDOT Major AccessPermits Project # S-28-N-0003-2013; andWHEREAS, an extension of time is needed for said project in order to facilitate sufficient time for final designreviews, bidding, review of bids, and construction of said project;
NOW, THEREFORE, BE IT RESOLVED, that the Township of Cranford does hereby officially request anextension of time from the New Jersey Department of Transportation for the grant award for the aforesaid projectuntil April 20th, 2014.
Resolution No. 2013-198:
BE IT RESOLVED by the Township Committee of the Township of Cranford on the 7 th day of May 2013 thatthe following checks have been refunded by the Tax Collector to the lien holders according to statutoryrequirements:
Redemption of Certificate# 2012-06
Block 236 Lot 8 Refund: $498.93Stonefield Investment Fund II, LLC Premium:200.00
21 Robert Pitt Drive #202Monsey, N.Y. 10952
Redemption of Certificate# 2011-15Block 212 Lot 43 Refund: $37,519.68US Bank Custodian for SASS MUNI VI Premium:23,000.002 Liberty Place50 South 16th Street Ste#1950Philadelphia, Pa. 19102
Resolution No. 2013-199:BE IT RESOLVED by the Township Committee of the Township of Cranford on the 7 th day of May 2013 that
the Tax Collector be and hereby is authorized to refund the following payments of 2013 real estate taxes forreasons noted:
Overpayments:Block 522 Lot 24 Refund: $240.00Courtenay & Karina Hathcock30 Broad StreetCranford, N.J. 07016
Resolution No. 2013-200:
RESOLUTION REQUESTING APPROVAL FOR AUTHORIZING AN EMERGENCY TEMPORARY
APPROPRIATION IN ACCORDANCE WITH N.J.S.A. 40A:4-20 CURRENT FUND
WHEREAS an emergent condition has arisen due to the anticipated delay in the adoption of the 2013 Budget,and adequate provision has not been made in the 2013 Temporary Budget for the appropriations specified; andWHEREAS the total emergency temporary resolutions adopted in fiscal year 2013 pursuant to theprovision of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20), including this resolution, total $6,261,835.00
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NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Cranford, County ofUnion, State of New Jersey, (not less than two thirds of all members thereof affirmatively concurring) that inaccordance with the provisions of N.J.S.A 40A:4-20:
1. Emergency temporary appropriations be and the same are hereby made as specifiedbelow in the amount of $29,500.00:
EMERGENCY
TITLE APPROPRIATIONADMINISTRATION
Outside Professional Expenses 25,000.00
Channel 35 Maintenance and Repair 1,000.00
CELEBRATION OF PUBLIC EVENTS
Other Expenses 3,500.00
TOTAL 29,500.00
Resolution No. 2013-201:WHEREAS, there exists a need to engage experts to provide grant writing services for the Township of
Cranford; andWHEREAS, the Township of Cranford advertised a Request for Qualifications (RFQ) for grant writing servicesthrough a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq., andWHEREAS, the Township of Cranford has deemed that the background, experience and qualifications of therespondents satisfy the criteria set forth in the RFQ; andWHEREAS, the Chief Financial Officer has certified as to the availability of funds which is on file in the officeof the Township Clerk.NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Cranford, NewJersey, as follows:
1. Millennium Strategies, 60 Roseland Avenue, Caldwell, New Jersey 07006 be and hereby isawarded a contract to provide grant writing services at a cost not to exceed $25,000.00; and
2. The Mayor and Municipal Clerk are hereby authorized and directed to execute a contract with
Millennium Strategies; and3. This contract is awarded pursuant to the fair and open process(N.J.S.A.19:44A-20.5 et seq.).
Recorded vote:Aye: Mayor Hannen, Deputy Mayor OMalley, Commissioners Campbell, Kalnins and AdubatoNay: NoneAbstained: NoneAbsent: None
PUBLIC COMMENTSMayor Hannen provided an update concerning the Birchwood Avenue litigation. Stated that the TownshipCommittee has held discussion in executive session with respect to the selection of appropriate witnesses neededto oppose Cranford Development Associates (CDA) Flood Hazard Area (FHA) Permit Application for theBirchwood Avenue development. Discussions have also been held as to the appointment of an appropriate legalfirm to handle the appeal process. The Township Committee is committed to moving forward with an appeal andsecuring the appropriate expertise needed. Also announced that the Township has not yet received the final orderof repose from Judge Chrystal.
Mayor Hannen opened the public comments portion of the meeting and asked if there were any questions orcomments.
Joseph Loguidice, Wadsworth Terrace, requested an update as to the consultants review of the alleged conflictof interest involving the Townships legal representation.
Mayor Hannen informed residents that a report is expected within the next week. Once received, the TownshipCommittee would discuss the portions that may be released and those that would fall under the attorney-clientprivilege.
Liz Sweeney, Wadsworth Terrace, requested clarification as to the portion of the report that would be consideredattorney-client privileged.
Mayor Hannen explained that he is unable to comment as to the portion of the report that would be consideredattorney-client privileged, as the Township Committee has not yet received the report.
Rita LaBrutto, 104 Arlington Road, discussed her concern with the timeframe allowed for comments to CDAsFHA Permit Application and the fact that the Township has not yet appointed an environmental attorney.
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Mayor Hannen discussed the Township Committees efforts to address this matter. The Township Committeehas lined up experts it believes are necessary to handle this matter. Also discussed the Pay-to-Play law andcertain requirements that must be met before a contract for an environmental attorney can be awarded.
Ms. LaBrutto discussed the efforts of the attorney retained by the Concerned Citizens of Cranford and informedthe Township Committee that their attorney is ready to go.
Mayor Hannen discussed the Township Committees commitment to this issue and feels the budget amendmentintroduced this evening confirms that commitment. Assured residents that the Township Committee iscommitted to making decisions that are in the best interest of Cranford.
Commissioner Kalnins referenced Ms. LaBruttos comment concerning the Concerned Citizens of Cranfordsattorney being ready to go and requested clarification as to whether the Concerned Citizens of Cranford plan tocontinue its support for their attorney.
Ms. LaBrutto stated that her understanding is that the attorney for the Concerned Citizens of Cranford needed tospeak to someone from the Township with respect to CDAs FHA Permit Application.
Mayor Hannen explained that because this is a public meeting, the Township cannot yet divulge the names of the
individuals that have been hired as experts.
Liz Sweeney, Wadsworth Terrace, asked if there is anyone working on CDAs FHA Permit Application sincethere has not yet been award of contract.
Mayor Hannen informed Ms. Sweeney that an environmental consultant has been provided with the appropriatedocuments filed with the New Jersey Department of Environmental Protection by CDA.
Ms. Sweeney thanked the Township Committee for its support of this issue. Feels it is beneficial to all residents.
Mary OConnor, Elm Street, informed the Township Committee that she was approached by two (2) residentswho have expressed their dissatisfaction with the condition of Cranfords roadways, specifically Park Terrace
and Cherokee Road. Stated that she visited these areas and agrees that the condition of both roadways is inserious need of repair. These residents requested that she bring their concerns to the Township Committee.
Mayor Hannen informed Ms. OConnor that he is meeting with Commissioner Kalnins and TownshipAdministrator Harnett to discuss the capital budget. Explained the prioritization of certain projects over the pastfew years and feels the Township is now in a position to focus on road repairs. Also discussed the TownshipCommittees intention to prepare a long-term plan for capital projects.
Hearing no further comments, Mayor Hannen closed the public comment portion of the meeting.
PROFESSIONAL COMMENTS
Township Administrator Hartnett Discussed efforts to obtain grant funding for the clearing of debris from the Rahway River.
COMMISSIONER REPORTS/COMMENTS
Commissioner Lisa Adubato
Discussed the proclamation in recognition of Police Week and recognized the Cranford PoliceDepartment for its efforts;
Discussed the progress concerning Theodore Roosevelt Park and plans to schedule a ceremony to installa plaque at the park. Thanked the Theodore Roosevelt Park Committee and the Department of PublicWorks for their efforts;
Discussed the Teen Center Advisory Boards success in setting a world record by constructing the
largest pyramid of food cans. The Teen Center Advisory Board is awaiting formal sanction by theGuinness Book of World Records. Formal recognition of this achievement would be planned oncecertification by the Guinness Book of World Records is received. Congratulated the efforts of allinvolved for this achievement, and extended a special thanks to Shop-Rite for donating the cans used toconstruct the pyramid.
Commissioner Andis Kalnins
Congratulated the Teen Center Advisory Board on setting the world record with the construction of thepyramid;
Discussed the proclamation in recognition of Police Week;
Discussed the Chamber of Commerce Street Fair;
Thanked Police Chief Mason on his presentation on drug incidents and arrests in Cranford. Feels the
most important portion of the presentation pertained to the Police Departments strategies to address thisissue. Feels it is important to recognize the Police Department for their efforts. Also discussed the needto consider additional funding for resource officers and extending the DARE Program;
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Commissioner Kevin Campbell
Discussed the river cleanup and the number of trees that were down in the area. Stated that the TownshipCommittee would be considering ways to address this. Also discussed the amount of garbage in the area
and feels this was a result of Hurricane Sandy; Discussed Police Week and the need for a strong Police Department. Feels residents should be
appreciative of the efforts of the Police Department;
Discussed the budget amendment related to the Birchwood Avenue litigation. Discussed commentsincluded in Judge Chrystals opinion that indicate that the Cranfords opposition to this development isbecause it is opposed to affordable housing. Stated that this is untrue and discussed reasons forCranfords opposition to this development. Feels a high density development should not be constructedin an area that is adjacent to a wetlands area and on the boundary of a brook that is a major conduit tofloodwaters upstream. Also discussed flooding that occurred during Hurricane Irene and the fact thatpublic safety vehicles could not access the area because of the level of flood waters. Lastly, theTownship is opposed to this development because of the financial impact to the Township.
Deputy Mayor Edward OMalley Congratulated the Teen Advisory Board for setting the Guinness Book of World Records with the
construction of the pyramid of canne