CDA (Hekemian) Appendix in Opposition to Motion for Reconsideration

7/28/2019 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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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 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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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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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: *


Qualifier: *

4 Municipal Code: 2003, Block: 292, Lot: 3.01,

Qualifier: *


Qualifier: *


7 Municipal Code: 2003, Block: 290, Lot: 1, Qualif ier:

*

8 Municipal Code: 2003, Block: 291, Lot: 15.01,

Qualifier: *


*


*



Qualifier: *


Qualifier: *


Qualifier: *


Qualifier: *



Qualifier: *


Qualifier: *


Qualifier: *


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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JACKSON: BERNARD & JO ANN

602 UNION AVE N


JACKSON: BERNARD & JO ANN

602 UNION AVE N


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

289

1

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$90,700.00

$137,500.00

$228,200.00$12,452.87

2005

Property Type:

Tax Year:


Residential

2012

314600-0




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



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BOMBACI: ANTHONY & LAUREEN

35 WADSWORTH TERR


BOMBACI: ANTHONY & LAUREEN

35 WADSWORTH TERR


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

289

3

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$88,100.00

$108,100.00

$196,200.00$10,706.63

2005

Property Type:

Tax Year:


Residential

2012

314800-2




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



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CHIODO: MICHAEL & MICHELLE

39 WADSWORTH TERR


CHIODO: MICHAEL & MICHELLE

39 WADSWORTH TERR


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

289

5

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$87,100.00

$98,300.00

$185,400.00$10,117.28

2005

Property Type:

Tax Year:


Residential

2012

315000-1




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



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FLESHER: ROBERT W & MARY L

41 WADSWORTH TERR


FLESHER: ROBERT W & MARY L

41 WADSWORTH TERR


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

289

6

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$87,100.00

$99,100.00

$186,200.00$10,160.93

2005

Property Type:

Tax Year:


Residential

2012

315100-2




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



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KELLY: ROBERT J & JESSICA C

600 UNION AVE N


KELLY: ROBERT J & JESSICA C

600 UNION AVE N


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

290

1

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$91,600.00

$143,900.00

$235,500.00$12,851.23

2005

Property Type:

Tax Year:


Residential

2012

315600-7




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



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GILBERT: STEPHEN & YOUNG: LORETTA

34 WADSWORTH TERR


GILBERT: STEPHEN & YOUNG: LORETTA

34 WADSWORTH TERR


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

290

2

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$89,900.00

$119,000.00

$208,900.00$11,399.67

2005

Property Type:

Tax Year:


Residential

2012

315700-8




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



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PERINO: JANET G

36 WADSWORTH TERR


PERINO: JANET G

36 WADSWORTH TERR


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

290

3

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$89,900.00

$123,200.00

$213,100.00$11,628.87

2005

Property Type:

Tax Year:


Residential

2012

315800-9




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



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SHERIDAN: THOMAS M & CATHERINE H

38 WADSWORTH TERR


SHERIDAN: THOMAS M & CATHERINE H

38 WADSWORTH TERR


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

290

4

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$89,900.00

$97,200.00

$187,100.00$10,210.05

2005

Property Type:

Tax Year:


Residential

2012

315900-0




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



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HEKEMIAN: SAMUEL, PETER ET AL

235 BIRCHWOOD AVE


HEKEMIAN: SAMUEL, PETER ET AL

235 BIRCHWOOD AVE


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

291

15.01

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$564,400.00

$126,400.00

$690,800.00$37,696.96

2005

Property Type:

Tax Year:


Commercial

2012

318000-2




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



167/183


168/183


EXCEL-CARE INC

205 BIRCHWOOD AVE


EXCEL-CARE INC

205 BIRCHWOOD AVE


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

292

3.01

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$3,348,000.00

$2,352,000.00

$5,700,000.00$311,049.00

2005

Property Type:

Tax Year:


Commercial

2012

318300-5




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



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BELL ATLANTIC-NEW JERSEY INC % TAX

1100 ORANGE AVE


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:


Assessed Year:

$2,225,000.00

$1,436,900.00

$3,661,900.00$199,829.88

2005

Property Type:

Tax Year:


Commercial

2012

318800-0




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



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TOWNSHIP OF CRANFORD

210 BIRCHWOOD AVE


TOWNSHIP OF CRANFORD

8 SPRINGFIELD AVE


Town:

Block:

Lot:

Qual:

UNION

CRANFORD

293

2

Tax Information

Land Value:

Improvement Value:


Assessed Year:

$5,982,600.00

0

$5,982,600.00$326,470.48

2005

Property Type:

Tax Year:


Public

2012

318900-1




Lot Size:

Sq. Feet:

Prior Owner:

0

30.68 AC

1336421

Deed Book/Page:

Deed Date:

Sale Price:

2855 798

3/13/1969

0



171/183

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.


172/183

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


174/183

EXHIBIT N


175/183

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


176/183


177/183

05/07/13 3

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


178/183

05/07/13 4

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


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


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


179/183

05/07/13 5

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


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


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



180/183

05/07/13 6

RESOLUTIONS By Consent Agenda

On motion of Commissioner Adubato, seconded by Commissioner Campbell and passed, the followingresolutions were adopted by consent agenda:


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.


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.


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 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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05/07/13 7

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

Documents

CDA (Hekemian) Appendix in Opposition to Motion for Reconsideration