OCTOBER 19, A REGULAR MEETING of the Board of Chosen Freeholders of the County of Somerset was held on the above date at 7:00 p.m.

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1 OCTOBER 19, A REGULAR MEETING of the Board of Chosen Freeholders of the County of Somerset was held on the above date at 7:00 p.m. The Pledge of Allegiance to the Flag was led by Director Denise Coyle. Director Coyle stated that the meeting was in compliance with the Open Public Meetings Act and that adequate notice was provided on November 19, 2003 as follows: 1. Mailed to the Somerset Messenger Gazette, The Home News, and the Courier News. 2. Posted on the Official County Bulletin Board. 3. Filed with the County Clerk. 4. Distributed to all persons requesting such information. Roll Call PRESENT: Zaborowski, Scherer, Fontana, Palmer, Coyle None ALSO PRESENT: County Administrator Williams, County Counsel Miller, M. Amorosa, D. Lorimer, K. Quick, M. Gaupp, P. Clark, B, Newman, J. Vuoso, P. Estin, R. Bzik, E. Popovich, M, Flock, J Ressa. At this time, Direcgtor Coyle and Captain Gary Hoats, Sherifff Department, Corrections Division and representative from the Employee Recognition Committee presented the Employee of the Month for September 4, 2004 to Donna Tindle, Corrections Officer. At this time Director Coyle made the following appointments and asked the Boards confirmation - Somerset County Youth Council :Jonathan Boucard, Hillsborough Middle School; Danielle Lella, Somerville High School; Atulya Chaganty, Richa Pandey, Kara Dafflitto, Kelley Rafferty, James Fabregas and Melina Shah; Bridgewater-Raritan High School. UPON MOTION OF MR. SCHERER, SECONDED BY MR. FONTANA, THE ABOVE APPOINTMENTS WERE CONFIRMED BY THE FOLLOWING VOTE: ZABOROWSKI, SCHERER, PALMER, FONTANA, COYLE At this time Mr. Williams asked that a resolution approving Participation with the State of New Jersey, Department of Law & Public Safety as Administered by the Office of the Insurance Fraud Prosecutor be added to the agenda. Mr. Fontana moved the resolution be added to the agenda as R THE MOTION, DULY SECONDED BY MR. ZABOROWSKI, WAS ON ZABOROWSKI, SCHERER, FONTANA, PALMER, COYLE At this time Mr. Miller asked that a resolution for a construction contract for Somerset County Joint Public Works Facility, Phase II, to Ferreira Construction Company, Incorporated, Branchburg, NJ be added to the agenda. Mr. Fontana moved the resolution be added to the agenda as R THE MOTION, DULY SECONDED BY MR. ZABOROWSKI, WAS ON

2 560 ZABOROWSKI, SCHERER, FONTANA, PALMER, COYLE PUBLIC PORTION At this time Director Coyle opened the meeting to the public and asked if there was anyone present who wished to be heard. Harry Boeslager, Griggstown, spoke on taxes and county government. There being no one else present who wished to be heard, Director Coyle declared the public portion closed. ALL MATTERS LISTED HEREUNDER ARE CONSIDERED TO BE ROUTINE IN NATURE AND WILL BE ENACTED UPON IN ONE MOTION. ANY PERSON MAY REQUEST THAT AN ITEM BE REMOVED FOR SEPARATE CONSIDERATION. APPROVAL OF MINUTES: September 21, 2004 September 30, 2004 October 14, 2004 APPROVAL OF PERSONNEL LETTER: #188 DEPARTMENT NAME POSITION SALARY RANGE GRADE/ SALARY GENERAL COUNTY: EFFECTIVE DATE CHANGES Engineering Marcie Camander Assistant Engineer II to Engineer II Human Resources Richard Sensale Accounts Payable Assistant to Human Resources Associate Recycling Center Michael Kozlowski Resource Driver to Resource Recovery Worker Roads Daniel Snyder Road Worker to Road Worker/Mosquito TERMINATIONS 12-A/$48,932 to 14-A/$52,602 09/27 08-A/$33,962 to 10-A/$36,509 10/12 06-A/$31,439 to 04-A/$26,059 10/04 OT/$30,969 to OT/$33,853 08/19 Facilities & Services Edmund Szeliga Grounds Worker 10/15 PART TIME REPLACEMENT Mental Health Center Meera Bhatt Case Manager/Part Time AA/$26.00 Hr. 10/04 TERMINATIONS Mental Health Center Jennifer Sanchez Administrative Assistant/PT 09/25 DEPARTMENT NAME POSITION SALARY RANGE GRADE/ EFFECTIVE SALARY DATE COUNTY CLERKS OFFICE: The County Clerk has taken the following action:

3 561 REPLACEMENTS PART TIME County Clerk Patricia Bliss Election Clerk/Part Time Natasha Zelis Election Clerk/Part Time AA/$12.00 Hr. 09/27 AA/$12.00 Hr. 09/27 PROSECTORS OFFICE: The Prosecutor has taken the following action: REPLACEMENTS Prosecutor Brian Giannini Critical Infrastructure NC/$65,000 10/01 Coordinator Mark Matthews Detective DP/6-10/01 $61,757 David M. Takleszyn Evidence Custodian NC/$37,000 10/04 SHERIFFS OFFICE: The Sheriff has taken the following action: TERMINATIONS Sheriffs Office Mercedes Vasquez Sheriffs Officer Cadet 10/01 PART TIME Jail Vita Farrell Nurse/RN 09/02 These changes have been approved in 2004 Departmental Budget. COMMUNICATIONS: State of New Jersey, Department of Environmental Protection, Natural and Historic Resources, Historic Preservation Office, notice of consideration by the New Jersey State Review Board for Historic Sites for nomination to the New Jersey and National Register of Historic Places: a. South Branch Schoolhouse, Branchburg Township b. Tulipwood, Whitehaven farm, Franklin Township were reeived State of New Jersey, Department of Transportation, Approval of Speed Limits: a. ORD02-445, Bridgepoint Road (CR609), Montgomery Township b. ORD02-317, Cedar Grove Road (CR619), Franklin Township were received County of Mercer, Board of Chosen Freeholders, Resolution advocating the respect of individual rights of the people of Mercer County with regard to the USA Patriot Act and requesting the re-examination of the USA Patriot Act Constitutionality, was received County of Morris, Board of Chosen Freeholders, Resolution 24 opposing A2032 requiring the County of Morris to turnover all commissary profits to the State Victims of Crime Compensation Board, was received Somerset County Planning Board Resolutions conceptually approving Development Agreements: a. Cal-Sterling Franklin, LLC

4 562 b. Lamington Farm Club LLC were received Brett Radi, Somerset County Clerk, transmitting a check in the amount of $3,510, of which $879, is retained by Somerset County for its own use, was received NJ Transit Corporation, FY2005 request for Federal Assistance Under the Transportation Equity Act for the 21 st Century, was received. Letters of Appreciation Jack Lettiere, Commissioner, NJ DOT, thanking the Freeholder Board for the invitation to the Rt. 22 Pedestrian Overpass Groundbreaking, was received John M. Paitakes, Ph,D., Associate Professor, RVCC, thanking Sheriff Provenzano and Staff for an interesting and comprehensive tour for his Criminology class on September 25, 2004, was received. Margaret Avala, commending the Transportation Department for its superior service, was received, R RESOLUTION APPROVING THE REVISED PROPERTY PARCEL MAP AND DESIGNATING ROAD AREAS TO BE ACQUIRED AND AUTHORIZING THE ACQUISITION OF LANDS AND PAYMENT FOR SAME FOR BRIDGE AND HIGHWAY PURPOSES FOR THE REALIGNMENT OF GEORGETOWN-FRANKLIN TURNPIKE (COUNTY ROUTE 518) AND THE REPLACEMENT OF SOMERSET COUNTY BRIDGE NO. D0204, LOCATED IN THE TOWNSHIP OF MONTGOMERY IN THE COUNTY OF SOMERSET AND STATE OF NEW JERSEY WHEREAS, the Board of Chosen Freeholders of the County of Somerset, on behalf of said County, has determined that public exigency requires the taking of certain lands for bridge and highway purposes for the realignment of Georgetown-Franklin Turnpike (County Route 518) and the replacement of Somerset County Bridge No. D0204, located in the Township of Montgomery in the County of Somerset and State of New Jersey and have caused a survey thereof to be made and a plat of such survey with the descriptions of the various parcels to be taken inscribed thereon; and WHEREAS, said Board conducted a public hearing with reference to the proposed improvement, the transcript of said public hearing on file with Clerk of the Board, and further considered same and heard and considered comments and/or objections presented by persons interested therein. NOW, THEREFORE, BE IT RESOLVED that said Board approves a certain map, or revisions thereof, which may occur from time to time, entitled Somerset County Board of Chosen Freeholders, Entire Tract and Property Parcel Maps For The Realignment Of Georgetown-Franklin Turnpike (County Route 518) Replacement Of Bridge No. D0204 Over Bedens Brook, Located In The Township Of Montgomery, County Of Somerset, July 2004, Revised To September 2004, State Of New Jersey, Scales: As Noted, last revised September 27, 2004, consisting of nine (9) sheets and prepared by French & Parrello, Holmdel, New Jersey, said map on file in the Office of the Somerset County Engineer; and BE IT FURTHER RESOLVED by said Board that pursuant to the provisions of Revised Statutes 27:16-2 et. seq., that said Board does designate that all those certain tracts or parcels of land situated, lying and being in the Township of Montgomery in the County of Somerset and State of New Jersey, as shown on the aforementioned map, shall be acquired by the County of Somerset in fee simple by purchase, exchange, gift or condemnation, as the case may be; and

5 563 BE IT FURTHER RESOLVED by said Board that the proper County officials be and hereby are duly authorized and directed to acquire the above designated property by purchase, exchange, gift or condemnation as the case may be; and BE IT FURTHER RESOLVED by said Board that the total monies expended for said acquisitions shall not exceed the amount as specified in the executed Agreement to Convey documents as reviewed and approved by the Director of the Board; and BE IT FURTHER RESOLVED by said Board that a copy of this Resolution, duly certified by the Clerk of this Board, together with a copy of the aforementioned map, shall forthwith be filed in the Office of the Somerset County Clerk. R PERFORMANCE SURETY RELEASE RESOLUTION DAVCON ASSOCIATES (STIRLING SQUARE) WARREN TOWNSHIP WHEREAS, Davcon Associates, Inc. 260 Mack Place, South Plainfield, NJ 07080, as principal, and Greenwich Insurance Company, One Greenwich Plaza, Greenwich, CT as surety bound themselves onto the County of Somerset in the form of a performance bond # in the amount of $104, as a guarantee for construction of improvements to County Route #653 (Stirling Road) for the development of Block 212, Lot 1.09 Warren Township as 44,762 square feet of office and commercial space known as the Stirling Square on Stirling Road on file with the County Planning Board as WR 150S; and WHEREAS, the report and recommendation of the Somerset County Engineer shows that said principal has satisfactorily completed the project. NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of the County of Somerset that said Board on behalf of said County accordingly does release and discharge Davcon Associates, Inc. and Greenwich Insurance Company and each of them and their heirs, administrators, executors, and assigns from the obligations of said surety; NOW, THEREFORE BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that said Board on behalf of said County accordingly does authorize and direct the Clerk of the Board to submit certified copies to the following: PRINCIPAL SURETY COUNTY ENGINEER COUNTY SUPERVISOR OF ROADS COUNTY TREASURER COUNTY PLANNING BOARD R PERFORMANCE SURETY RELEASE RESOLUTION SOMERSET RUN FRANKLIN TOWNSHIP WHEREAS, Pulte Communities NJ, Limited Partnership, 150 Morristown Road, Suite 200, Bernardsville, NJ 07924, as principal and Suntrust Bank, 25 Park Place, 16 th Floor, MC 3706, Atlanta, GA as surety bound themselves to the County of Somerset in the form of an irrevocable letter of credit, #F in the amount of $157, as a guarantee for the second of three cash contribution payments for Elizabeth Avenue (County Route #621)

6 564 and Cedar Grove Lane (County Route #619) Corridor Improvements pursuant to Development Agreement # dated July 15, 2003, for a development known as Somerset Run and on file with the Somerset County Planning Board as file number FL819; and WHEREAS, Pulte Communities NJ has paid the aforesaid amount as a required contribution in accordance with the terms of the referenced Development Agreement; and WHEREAS, said irrevocable letter of credit expired August 31, NOW THEREFORE BE IT RESOLVED THAT, the Board of Chosen Freeholders of the County of Somerset, on behalf of said County, accordingly does release and return said irrevocable letter of credit to the principal; and NOW THEREFORE BE IT FURTHER RESOLVED THAT the Board of Chosen Freeholders of the County of Somerset, on behalf of said County, accordingly does authorize and direct the Clerk of the Board to submit certified copies of this resolution to the following: PRINCIPAL SURETY COUNTY ENGINEER COUNTY SUPERVISOR OF ROADS COUNTY TREASURER COUNTY PLANNING BOARD R RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN GATES REALTY CORP. AND THE COUNTY OF SOMERSET WHEREAS, Gates Realty Corp. (hereinafter referred to as the Developer), located at 211 Gates Road Unit A, Little Ferry, NJ has proposed development of Franklin Township Block , Lot on Belmont Drive as a 77,306 square foot flex warehouse, and is on file in the Somerset County Planning Board as file number FL 820S; and WHEREAS, the Developer has applied to the Somerset County Planning Board for approval of the project; and WHEREAS, the Office of the County Engineer, by the Somerset County Planning Board review letter dated June 27, 2003 determined the applicants fair share obligation toward the Cedar Grove Lane and Elizabeth Avenue Corridor Improvement Plan to be in the amount of $7,689.29, and WHEREAS, the developer has agreed and acknowledged that the aforesaid obligation is appropriate and necessary, bears a reasonable and rational nexus to the proposed development and is necessitated by the impact of the proposed warehouse on County facilities; and WHEREAS, the developer has paid the aforesaid monetary contribution to Somerset County; and WHEREAS, the County of Somerset has caused a development agreement to be prepared which established the obligations of the Developer relative to the aforesaid monetary contribution; and WHEREAS, the Somerset County Planning Board has conceptually approved this development agreement; and

7 565 WHEREAS, County Counsel has reviewed the agreement and his comments have been included in the final draft submitted to the Freeholders for consideration. NOW, THEREFORE, BE IT RESOLVED THAT the Director and Clerk of the Board of Chosen Freeholders of the County of Somerset are authorized to execute the agreement on file with the Clerk of the Board; and NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the copies of this resolution be forwarded to Gates Realty Corp, Franklin Township, Somerset County Planning Board and the Board of Chosen Freeholders. R VOID R RESOLUTION AUTHORIZING THE FUNDING PARTICIPATION BY THE COUNTY OF SOMERSET IN CONNECTION WITH THE PURCHASE OF DEVELOPMENT EASEMENT RIGHTS BY HILLSBOROUGH TOWNSHIP UNDER THE PIG GRANT PROGRAM OVER LOT 13.01, BLOCK 11 (FORMER BOTHERS FARM TRUST FARM) WHEREAS, the Somerset County Board of Chosen Freeholders has agreed to participate with Hillsborough Township's Planning Incentive Grant (PIG) Application in order to preserve farms identified in the Mill Lane Project Area farming region of Hillsborough Township that conform with Somerset County's Agriculture Development Area (ADA) criteria; and WHEREAS, The Township of Hillsborough purchased in fee Lot 13.01, Block 11, estimated at acres, from the property owner on July 23, 2004; and WHEREAS, The Township of Hillsborough submitted documentation for the purchase of the development easement on this property to the State Agriculture Development Committee (SADC) in order to obtain its share of State and County funding participation in accordance with the approved funding plan and conditions of Board of Chosen Freeholder approval; and WHEREAS, the SADC certified the Fair Market Value of the development easement on the former Bothers Farm Trust Farm at $14, per acre on September 23, 2004, making the estimated value of the development easement equal to $2,291,000.00; and WHEREAS, the State Agriculture Development Committee will contribute sixty (60%) percent of the SADC's certified Fair Market Value estimated at $1,374,600.00, the County of Somerset will contribute twenty (20%) percent of the SADC's certified Fair Market Value estimated at $458,200.00, (which funds are available from the Somerset County Open Space and Farmland Preservation Trust Fund, Account #_04-A PL A , and Hillsborough Township will contribute the balance of the purchase price of the development easement, which amount may be greater than twenty (20%) percent of the SADC's certified Fair Market Value; and WHEREAS, the County of Somerset will forward to the Township of Hillsborough, a cost share based upon eighty (80%) percent of the SADCs certified Fair Market Value estimated at $1,832, of which $1,374, represents the State's cost share and $458, represents the County's cost share (payment of said amount being contingent upon receipt of the State monies);

8 566 NOW, THEREFORE, BE IT RESOLVED that the Somerset County Board of Chosen Freeholders is desirous of memorializing its intention to participate in the funding of the purchase of the development easement rights over Lot 13.01, Block 11 in Hillsborough Township, and will fund that participation subject to the following conditions: 1. The grant application has been approved by the State Agriculture Development Committee (SADC). 2. The acreage of the development easement to be funded by the County of Somerset shall not exceed the acreage approved for funding by the SADC. 3. Full funding of the State's share of the grant has been or will be available from the Garden State Preservation Trust. 4. The amount of funding provided by Somerset County will not exceed the amount paid by Hillsborough Township, and will remain fixed at no greater than 20% cost share of the SADCs certified Fair Market Value exclusive of soft and ancillary costs. 5. The Township of Hillsborough assigns the Deed of Easement for Lot 13.01, Block 11 in Hillsborough Township to The County of Somerset. R RESOLUTION CONCEPTUALLY APPROVING A RESIDUAL DWELLING SITE OPPORTUNITY FOR BLOCK 81 LOT 7 IN BRANCHBURG TOWNSHIP WHEREAS, Foxcroft Farms Corporation located in the Township of Branchburg, Somerset County was granted a Division of Premises by the State Agriculture Development Committee (SADC) on June 27, 1996; and WHEREAS, the Division of Premises divided Foxcroft Farms into Block 81 Lot 7 (Parcel A) consisting of acres with two RDSOs and Block 77 Lot (Parcel B) consisting of 88 acres with one RDSO; and WHEREAS, Chongchul Kim, record owner of Parcel A, applied to the Somerset County Agriculture Development Board (SCADB) to exercise one of the two RDSOs allocated to Block 81 Lot 7 in Branchburg Township; and WHEREAS, the Somerset County Agriculture Development Board conceptually approved the location of the RDSO at its August 9, 2001 meeting subject to the conditions outlined in the resolution; and WHEREAS, the State Agriculture Development Committee (SADC) granted Chongchul Kim the right to exercise the RDSO at it October 25, 2001 meeting subject to the conditions outlined in its resolution; and WHEREAS, both the SCADB and SADC determined the proposed boundaries and configuration of the RDSO minimizes the adverse impact on the agricultural operation and will not have a detrimental impact upon the viability of the proposed agricultural operation; and WHEREAS, Chongchul Kim requested and was granted a one year extension of the RDSO approval by the SCADB at their September 13, 2004 meeting subject to their conditions outlined in their letter of September 15, 2004; and

9 567 WHEREAS, the SADC granted a one year extension of the RDSO approval at their September 23, 2004 meeting subject to the terms and conditions outlined in their resolution #FY05R9(*). NOW THEREFORE, BE IT RESOLVED that the Somerset County Board of Chosen Freeholders hereby grants a one year extension of the RDSO approval for Chongchul Kim, subject to the satisfaction of the conditions outlined by the SADC approval, the terms of which are incorporated herein by reference; and BE IT FURTHER RESOLVED that copies of this resolution be sent to the State Agriculture Development Committee, Somerset County Agriculture Development Board, and Township of Branchburg. R RESOLUTION AUTHORIZING EXECUTION OF RENEWAL GRANT APPLICATION FOR RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) TOTALING $58, FEDERAL FUNDS FOR THE PERIOD JANUARY 1, 2005 THROUGH DECEMBER 31, 2005 AND RESOLUTION FOR INSERTION OF SPECIAL ITEM OF REVENUE INTO THE BUDGET FOR RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) WHEREAS, the Corporation for National Community Service policies establishes that funds donated by a public donor in the form of cash, certified cash expenditures or in-kind contributions may under certain conditions be used as matching funds in the provision of the Retired Senior Volunteer Program; and WHEREAS, the Board of Chosen Freeholders of Somerset County wishes to make a donation totaling $44, in certified cash expenditures; and WHEREAS, through RSVPs Corporate Fund Raising Campaign, $1, in cash will be used to support its volunteer recognition program. Freeholders of the County of Somerset, that the sum of $44, in certified cash expenditures (Department 615) to cover the period effective January 1, 2005 to December 31, 2005 be and is hereby appropriated for developing and implementing a Retired and Senior Volunteer Program for Somerset County through the Office of Volunteer Services said sum to be made available as requested. Said sum is to constitute a minimum of 30% of the funding; and BE IT FURTHER RESOLVED that the Board of Chosen Freeholders of the County of Somerset does hereby authorize the Director and Clerk of the Board to execute grant application for the Retired and Senior Volunteer Program (RSVP) to be administered through the Somerset County Office of Volunteer Services for a sum not to exceed $58, in Federal funds to provide volunteer senior services to the citizens of Somerset County for the period of January 1, 2005 to December 31, 2005; and BE IT FURTHER RESOLVED that the Director and Clerk are hereby authorized to execute the necessary contracts and other documents to apply for, accept and expend such funding; and BE IT FURTHER RESOLVED that the County of Somerset hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue into the budget of the year 2005 in the sum of $58, which item is now available as a revenue from the Corporation for National Service pursuant to the provision of statute; and BE IT FURTHER RESOLVED that a like sum of $58, be and the same is hereby appropriated under the caption of Retired and Senior Volunteer Program.

10 568 R RESOLUTION FOR INSERTION OF SPECIAL ITEM OF REVENUE INTO THE BUDGET FOR NJ TERRORISM RELIEF (SAMHSA) WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED, that the Board of Chosen Freeholders of the County of Somerset, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2004 in the sum of $5, which item is now available as a revenue from the State of New Jersey, Department of Human Services pursuant to the provision of statute; and BE IT FURTHER RESOLVED that a like sum of $5, is hereby appropriated under the caption of NJ Terrorism Relief (SAMHSA)... $5, R RESOLUTION FOR INSERTION OF SPECIAL ITEM OF REVENUE INTO THE BUDGET FOR SAFE NEIGHBORHOOD HEROES GRANT (CHILD IDENTIFICATION KITS) WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount. NOW, THEREFORE, BE IT RESOLVED, that the Board of Chosen Freeholders of the County of Somerset, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2004 in the sum of $ which item is now available as a revenue from the Wal-Mart Foundation pursuant to the provision of statute; and BE IT FURTHER RESOLVED that a like sum of $ is hereby appropriated under the caption of Safe Neighborhood Heroes Grant (Child Identification Kits)... $ UPON MOTION BY MR. ZABOROWAKI SECONDED BY MR. FONTANA, THE CONSENT AGENDA WAS ADOPTED BY VOICE VOTE. MR. SCHERER INTRODUCED THE FOLLOWING R RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR PROFESSIONAL SERVICES TO REMINGTON & VERNICK ENGINEERS

11 569 FOR CONDUCTING ADDITIONAL GIS MAPPING ASSOCIATED WITH CROSS-ACCEPTANCE WHEREAS, the Chief Financial Officer of Somerset County has certified in writing the availability of funds for the purposes set forth in this Resolution, such certification on file in the Office of the Clerk of the Board, line item (02 G ) (County Grant Funds) $45,00.00; and WHEREAS, the Somerset County Board of Chosen Freeholders entered into an agreement with Remington & Vernick Engineers, 232 Kings Highway East, Haddonfield, NJ on April 6, 2004 to obtain and assess appropriate data layers; conduct GIS map comparisons; use the results of the map comparisons to facilitate public dialogue on the State Plan Policy Map at the three Cross-acceptance sub-area meetings; and prepare the required documentation on proposed planning area changes for submission to the State Planning Commission in accordance with the State Planning Commissions Cross-acceptance schedule and the County Planning Boards Cross-acceptance Work Plan; and WHEREAS, the contract was awarded as a Professional Service in accordance with 40A: 11-5 (1) (a) of the Local Public Contracts Law on April 6, 2004; WHEREAS, Remington & Vernick Engineers, 232 Kings Highway East, Haddonfield, NJ has submitted a proposal to cover costs associated with additional GIS mapping services as specified in the Proposed Contract Amendment dated October 1, 2004 on file with the Clerk of the Board; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of contracts for Professional Services without competitive bids and the contract itself must be available for public inspection; and must be publicly advertised. Freeholders of the County of Somerset as follows: 1. That the Director and Clerk of the Board of Chosen Freeholders of the County of Somerset are hereby authorized to enter into a contract with Remington & Vernick Engineers, 232 Kings Highway East, Haddonfield, NJ 08033, to perform the aforesaid services in accordance with the contract amendment, project budget and fee schedule on file with the Clerk of the Board. The total of this amendment is not to exceed $8, This amendment is to be approved as to form and content by County Counsel for a new contract total covering all fees, costs and disbursements, not to exceed $53, That the engagement of Remington and Vernick Engineers shall be done without competitive bidding as a Professional Service under the provision of the Local Public Contracts Law, R.S. 40A:11-5 (1)(a)(1) and as described under R.S. 40A:11-2 (6). 3. A notice of this award shall be published in the Somerset Messenger Gazette as required by law within ten (10) days of its passage. 4. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in and of the terms or provisions of this Agreement if the fulfillment of any term or provision of this Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by exercise of reasonable diligence such party is unable to prevent or in the event the County of Somerset is unable to obtain funding for the project for which this contract pertains or in the event the source of funding is curtailed by any act of any governmental body, including the Somerset County Board of Chosen Freeholders. Additionally, if the fulfillment of any of the terms and provision of this Agreement is delayed or prevented by any court order, or action of injunction or other such agreement, this Agreement shall become voidable by the County of Somerset by notice to each party.

12 570 THE MOTION, DULY SECONDED BY MR. ZABOROWSKI, WAS ON MR. SCHERER INTRODUCED THE FOLLOWING R RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR PROFESSIONAL SERVICES WITHOUT COMPETITIVE BIDS TO RICHARD CELESTE WHEREAS, the Chief Financial Officer of Somerset County has certified in writing the availability of funds for the purposes set forth in this Resolution, such certification on file in the Office of the Clerk of the Board, and such funds are provided for within the ($32,448.00); and WHEREAS, the Somerset County Prosecutors Office is in need of consultation for the provision of certain services by Richard Celeste; and WHEREAS, Richard Celeste has submitted a proposal to perform the aforesaid services; and WHEREAS, Richard Celeste is qualified to provide the services of the type and nature to carry out the aforesaid services; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40:11-1, et seq.) requires that the Resolution authorize the award of contract for "Professional Services" without competitive bids and the contract itself must be available for public inspection, and must be duly advertised. Freeholders of the County of Somerset as follows: 1. That the Board of Chosen Freeholders of the County of Somerset hereby authorize the Somerset County Prosecutor to enter into a contract with Richard Celeste to perform the aforesaid services and to be compensated in accordance with the fee schedule set forth in said contract. The total amount of this contract, covering all fees, costs and disbursements shall not exceed $32, pursuant to the contract n file with the Clerk of the Board and approved as to form and content by County Counsel. 2. That the engagement of Richard Celeste be done without competitive bidding as a "Professional Service" of the provision of the Local Public Contract Law, N.J.S.A. 40A:11-1-(1)(a)(i) and 40A:11-2(6). 3. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of this Agreement if the fulfillment of any term or provision of this Agreement is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent or in the event the County of Somerset is unable to obtain funding for the project for which this contract pertains or in the event the source of funding is curtailed by any act of any governmental body, including the Somerset County Board of Chosen Freeholders. Additionally, if the fulfillment of any of the terms and provisions of this Agreement is delayed or prevented by any court order, or action or injunction or other such agreement, this Agreement shall become voidable by the County of Somerset by notice to each party.

13 A notice of this award shall be published in the Somerset Messenger Gazette as required by law within ten (10) days of its passage. THE MOTION, DULY SECONDED BY MR. ZABOROWSKI, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING REJECTING PROPOSAL RECEIVED FOR CONTRACT #CC EMERGENCY SUPPORT VEHICLE WHEREAS, the County of Somerset Purchasing Division did on Saturday, September 11, 2004 advertise in the Somerset Messenger Gazette; and WHEREAS, one sealed proposal was received, opened and read in public on Tuesday, September 28, 2004 at 2:15 P.M. prevailing time for Contract #CC Emergency Support Vehicle, from Hackney Emergency Vehicles, Div. of Specialized Vehicles Corp., 911 W 5 th Street, Washington, NC $91,340.00; and WHEREAS, the Director of Emergency Management recommends the sole bid be rejected for failure to include the Mandatory New Jersey Business Registration Certificate. Re-advertisement of this Vehicle will be scheduled. Freeholders of the County of Somerset that the proposal received for Contract #CC Emergency Support Vehicle be rejected. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING R TRIPLE COMBINATION PUMPER FIRE ENGINE, CONTRACT #CC SECOND VENDOR FOR CO-OPERATIVE PRICING BID #2-SOCCP WHEREAS, the Chief Financial Officer of Somerset County has certified in writing the availability of funds for the purposes set forth in this Resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, charge backs to all offices and agencies, central account, line item (04- A PLE ) $145,954.00; and

14 572 WHEREAS, sealed proposals were received, opened and read in public on Tuesday, October 5, 2004 at 3:00 P.M. for Triple Combination Pumper Fire Engine, Contract #CC-52-04, Co-operative Pricing Bid #2-SOCCP; and WHEREAS, two (2) bidders submitted proposals; and WHEREAS, the bids were reviewed by the Director of Emergency Management and it was determined that the bid as submitted by Pierce Manufacturing, Inc., 2600 American Drive Appleton, WI meet the requirements of the County and Seagrave Fire Apparatus, LLC, 105 East 12 th Street, Clintonville, WI meet the Co-operative pricing members requirements. Freeholders of the County of Somerset that the bid as submitted by Pierce Manufacturing, Inc. for the County and Seagrave Fire Apparatus, LLC for Co-operative Pricing Members be and is hereby accepted for: Pierce Manufacturing Inc 2600 American Drive Appleton, WI Pierce Contender Pumper built on a Kenworth T-300 Chassis* $139, Options: (400) Feet of Ponn Supreme Hose Thread 1.75 $ (400) Feet of Ponn Supreme Hose Thread 1.50 $ (1) Vinyl Hose Bed $ (1) Auxiliary Foam Pick Up Tube with Installation $ 4, Total For Options $ 6, Total For Purchase $145, Co-op Members: Seagrave Fire Apparatus, LLC 105 East 12 th St Clintonville, WI Seagrave / Kenworth Commercial Pumper $157, BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the Director and Clerk of the Board are hereby authorized to execute the proper contract and the Purchasing Agent is hereby authorized to issue a Purchase Order per bid proposal and specifications approved as to form by County Counsel. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING R AUTHORIZING STATE CONTRACT PURCHASE (1) 2005 FORD ESCAPE, 4 WHEEL DRIVE HYBRID GAS/ELECTRIC VEHICLE

15 573 WHEREAS, the Chief Financial Officer has certified in writing the availability of funds for the purposes set forth in this resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, line item (04-A PLA ) $25,818.00; and WHEREAS, the County of Somerset Vehicle and Equipment Maintenance Division wishes to purchase (1) 2005 Ford Escape, 4 Wheel Drive Hybrid Gas/Electric Vehicle from an authorized vendor under the State of New Jersey Co-operative Purchasing Program 1- NJCP; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law N.J.S. 40:11-12; and WHEREAS, Winner Ford, 250 Haddonfield Berlin Road, Cherry Hill, NJ has been awarded New Jersey State Contract No. A59544 as an authorized dealer Hybrid Gasoline-Electric Vehicle, Ford Escape, 2WD/4WD, 2005; and WHEREAS, the Supervisor of Vehicle and Equipment Maintenance recommends the utilization of this Contract on the grounds it represents the best price available through the State Contract; and WHEREAS, the actual cost for the purchase for the (1) 2005 Ford Escape, 4 Wheel Drive Hybrid Gas/Electric Vehicle is expected not to exceed $25, Freeholders of the County of Somerset that Winner Ford be awarded a contract for (1) 2005 Ford Escape, 4 Wheel Drive Hybrid Gas/Electric Vehicle; and BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the Purchasing Agent is hereby authorized to issue a Purchase Order. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING R AUTHORIZING STATE CONTRACT PURCHASE (1) 2005 DODGE STRATUS, 4 DOOR SEDAN FOR RICHARD HALL COMMUNITY MENTAL HEALTH CENTER WHEREAS, the Chief Financial Officer has certified in writing the availability of funds for the purposes set forth in this resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, line item (02-G ) $12,994.00; and WHEREAS, the County of Somerset Vehicle and Equipment Maintenance Division wishes to purchase (1) 2005 Dodge Stratus, 4 Door Sedan for Richard Hall Community

16 574 Mental Health Center from an authorized vendor under the State of New Jersey Co-operative Purchasing Program 1-NJCP; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law N.J.S. 40:11-12; and WHEREAS, Warnock Dodge, 175 Route 10, P.O. Box 524, East Hanover, NJ has been awarded New Jersey State Contract No. A52986 as an authorized dealer for Vehicles, Automobiles, Sedans/Station Wagons; and WHEREAS, the Supervisor of Vehicle and Equipment Maintenance recommends the utilization of this Contract on the grounds it represents the best price available through the State Contract; and $12, WHEREAS, the actual cost for the purchase is expected not to exceed Freeholders of the County of Somerset that Warnock Dodge be awarded a contract for the purchase of (1) 2005 Dodge Stratus, 4 Door Sedan for Richard Hall Community Mental Health Center; and BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the Director and Clerk of the Board are hereby authorized to execute the proper contract and the Purchasing Agent is hereby authorized to issue a Purchase Order. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING R AUTHORIZING STATE CONTRACT PURCHASE (1) WHEEL DRIVE DODGE DURANGO WITH DEALER INSTALLED TOWING PACKAGE OPTION FOR THE PROSECUTORS DEPARTMENT WHEREAS, the Chief Financial Officer has certified in writing the availability of funds for the purposes set forth in this resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, line item (03-R ) $20,878.24; and WHEREAS, the County of Somerset Vehicle and Equipment Maintenance Division wishes to purchase (1) Wheel Drive Dodge Durango with Dealer Installed Towing Package Option for the Prosecutors Department from an authorized vendor under the State of New Jersey Co-operative Purchasing Program 1-NJCP; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law N.J.S. 40:11-12; and WHEREAS, Warnock Motor Sales, Inc., DBA Warnock Chevrolet GEO, 175 Route 10, P.O. Box 524, East Hanover, NJ has been awarded New Jersey State Contract No. A53131 as an authorized dealer for Vehicles, Sport Utility (SUV); and

17 575 WHEREAS, the Supervisor of Vehicle and Equipment Maintenance recommends the utilization of this Contract on the grounds it represents the best price available through the State Contract; and $20, WHEREAS, the actual cost for the purchase is expected not to exceed Freeholders of the County of Somerset that Warnock Motor Sales, Inc., DBA Warnock Chevrolet GEO be awarded a contract for the purchase of (1) Wheel Drive Dodge Durango with Dealer Installed Towing Package Option; and BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the Director and Clerk of the Board are hereby authorized to execute the proper contract and the Purchasing Agent is hereby authorized to issue a Purchase Order. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING R CLEANING & SERVICING OF OIL & GAS FURNACES OPENING & CLEANING OF STEAM BOILERS, CONTRACT #CC FIRST YEAR OF THREE-YEAR CONTRACT WHEREAS, the Chief Financial Officer of Somerset County has certified in writing the availability of funds for the purposes set forth in this Resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, line item Facilities & Services ( ) not to exceed $30,000.00; and WHEREAS, the County of Somerset Purchasing Department did on Saturday, September 11, 2004 advertise in the Somerset Messenger Gazette; and WHEREAS, sealed proposals were received, opened and read in public on Tuesday, September 28, 2004 at 2:30 P.M. prevailing time for Cleaning & Servicing of Oil & Gas Furnaces, Opening & Cleaning of Steam Boilers, Contract #CC-48-04; and WHEREAS, only one (1) bidder submitted a proposal; and WHEREAS, the bid was reviewed by the Director of Facilities & Services and it was determined that the bid as submitted by Professional Climate Control Inc., 382 Valley St., South Orange, NJ meet the requirements of the County specifications. Freeholders of the County of Somerset that the bid as submitted by Professional Climate Control Inc. be and is hereby accepted based on the lowest cost for the services listed on the Schedule of Prices on file with the Clerk of the Board; and BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the Director and Clerk of the Board are hereby authorized to execute the proper contract and the Purchasing Agent is hereby authorized to issue Purchase Orders as needed per bid proposal and specifications approved as to form by County Counsel.

18 576 THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING R STREET SWEEPING DISPOSAL SERVICES FROM VARIOUS MUNICIPAL & COUNTY SITES, SECOND YEAR OF THREE, CONTRACT #CC-39-03R CO-OPERATIVE PRICING BID #2-SOCCP WHEREAS, the Chief Financial Officer of Somerset County has certified in writing the availability of funds for the purposes set forth in this Resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, line item (03-R ) not to exceed $100,000.00; and WHEREAS, sealed proposals were originally received, opened and read in public on Tuesday, September 16, 2003 at 2:30 P.M. prevailing time for Street Sweeping Disposal Services from Various Municipal & County Sites, Contract #CC-39-03R, Co-operative Pricing Bid #2-SOCCP; and WHEREAS, Total Center Maintenance Inc. (TCM, Inc.), 2079 Burlington Columbus Road, Bordentown, NJ has met the requirements of the County specifications during the first term. NOW, THEREFORE BE IT RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the bid as submitted by Total Center Maintenance Inc. (TCM, Inc.) be and is hereby accepted for the second consecutive year for: Option A (without loading) 4. Transportation & recycling/disposal reuse of ID-27 materials (Dry Industrial) 5. Transportation & recycling/reuse of ID-10 or ID-13 materials (Household Municipal Waste) 6. Loading, transportation & recycling/reuse of ID-13 materials (Bulky Waste) BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the Director and Clerk of the Board are hereby authorized to execute the proper contract and the Purchasing Agent is hereby authorized to issue Purchase Orders as needed per bid proposal and specifications approved as to form by County Counsel. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING

19 577 R FURNISH & INSTALL ONE (1) METAL DETECTOR AND ONE (1) X-RAY SECURITY SCREENING SYSTEM, CONTRACT #CC-51-04, CO-OPERATIVE PRICING BID #2-SOCCP WHEREAS, the Chief Financial Officer of Somerset County has certified in writing the availability of funds for the purposes set forth in this Resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, line item (04-A PLE ) $37,150.00; and WHEREAS, sealed proposals were received, opened and read in public on Tuesday, October 5, 2004 at 2:30 P.M. prevailing time for One (1) Metal Detector and One (1) X-Ray Security Screening System, Contract #CC-51-04, Co-operative Pricing Bid #2-OCCP; and WHEREAS, two (2) bidders submitted proposals; and WHEREAS, the bids were reviewed by the Sheriff and it was determined that the low bid as submitted by Control Screening LLC, 2 Gardner Road, Fairfield, NJ meets the requirements of the County specifications. Freeholders of the County of Somerset that the bid as submitted by Control Screening LLC be accepted based on the lowest cost for the following: A-- Metal Detector $ 4, B-- X-Ray Machine $22, (Including parcel catcher and E-Scan w/dual monitors) Sub Total Bid Amount (A & B) $26, Alternate 1-- Maintenance Metal Detector Year One Included Year Two Included Year Three $ Year Four $ Year Five $ Total Maintenance Metal Detector $1, Alternate 2-- X-Ray Security Screening System Parts & Labor Year One Included Year Two Included Year Three $3, Year Four $3, Year Five $3, Total Maintenance X-Ray System $9, C-- Total Including Maintenance $37, Additional equipment to be purchased pending availability of funding BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the Director and Clerk of the Board are hereby authorized to execute

20 578 the proper contract and the Purchasing Agent is hereby authorized to issue a Purchase Order per bid proposal and specifications approved as to form by County Counsel. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING R AUTHORIZING STATE CONTRACT PURCHASE GEOGRAPHIC INFORMATION SYSTEM (GIS) SOFTWARE WHEREAS, the Chief Financial Officer has certified in writing the availability of funds for the purposes set forth in this resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, line item (04-A ) (PLA ) $29,140.00; and WHEREAS, the County of Somerset MIS Division wishes to purchase GIS Software from authorized vendors under the State of New Jersey Co-operative Purchasing Program 1-NJCP; and WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law N.J.S. 40:11-12; and WHEREAS, Civil Solutions, Division of Adams Rehmann & Heggan Assoc., Inc., 850 South White Horse Pike, PO Box 579, Hammonton, NJ has been awarded New Jersey State Contract No. A53680 and Environmental Systems Research Institute, Inc. (ESRI), 1006 West 9 th Avenue, King of Prussia, PA has been awarded New Jersey State Contract No. A53679 as authorized dealers for Geographic Information System (GIS) Software; and WHEREAS, the Director of MIS recommends the utilization of these Contracts on the grounds that they represent the best prices available through the State Contract; and WHEREAS, the actual cost for the purchase of GIS Software from Civil Solutions is expected not to exceed $17, and purchase from Environmental Systems Research Institute, Inc. (ESRI), is expected not to exceed $11, Freeholders of the County of Somerset that Civil Solutions and Environmental Systems Research Institute, Inc. (ESRI) be awarded contracts for the purchase of GIS Software; and Freeholders of the County of Somerset that Civil Solutions and Environmental Systems Research Institute, Inc. (ESRI) be issued Purchase Orders by the Purchasing Agent for the GIS Software as listed on file in the Office of the Clerk of the Board. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON

21 579 MR. ZABOROWSKI INTRODUCED THE FOLLOWING R VOID R PAPER & ENVELOPES, CONTRACT NO. CC CO-OPERATIVE PRICING BID ID #2-SOCCP WHEREAS, the Chief Financial Officer of Somerset County has certified in writing the availability of funds for the purposes set forth in this Resolution, such certification on file with the Clerk of the Board, and such funds are provided for in the duly adopted budget of the County of Somerset, line items Public Information ( ) $60,000.00, Purchasing ) $52,000.00, and MIS ( ) $17,800.00; and WHEREAS, sealed proposals were received, opened and read in public on Tuesday, September 28, 2004 at 3:00 P.M. prevailing time for the furnishing of Paper & Envelopes, Cooperative Pricing Bid #2-SOCCP, Contract No. CC-46-04; and WHEREAS, three (3) bidders submitted proposals; and WHEREAS, the bids were reviewed by the Director of Public Information and it was determined that the bids as submitted by Central Lewmar, 60 McClellan St, Newark, NJ 07114, Paterson Papers, 730 Madison Ave, Paterson, NJ 07509, CMF Business Supplies, 3622 Kennedy Road, South Plainfield, NJ, meet the requirements of the County specifications. Freeholders of the County of Somerset that the bids as submitted by the above named vendors be and are hereby accepted for the items as listed on the Schedule of Prices on file with the Clerk of the Board; and BE IT FURTHER RESOLVED by the Board of Chosen Freeholders of the County of Somerset that the Director and Clerk of the Board are hereby authorized to execute the proper contract and the Purchasing Agent is hereby authorized to issue Purchase Orders as needed per bid proposal and specifications approved as to form and content by County Counsel. THE MOTION, DULY SECONDED BY MR. FONTANA, WAS ON MR. ZABOROWSKI INTRODUCED THE FOLLOWING R FLAGS & GRAVE MARKERS, CONTRACT #CC SECOND YEAR OF TWO-YEAR CONTRACT CO-OPERATIVE PRICING BID #2-SOCCP