August 6, 2012 â Packet - Borough of Hightstown

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WHEREAS, on January 17, 2012, the Borough Council awarded a contract for Trickling Filter Plastic Media to Brentwood Industries, Inc. of Reading, Pennsylvania in the amount of $116,870.00; and and WHEREAS, the contractor has submitted payment request #2 for work done in the total amount of $57,266.30; WHEREAS, the Borough Engineer has recommended approval of payment #2 to Brentwood Industries, Inc. in the amount of $57,266.30; and WHEREAS, the Chief Finance Officer has certified that funds are available for this expenditure. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Hightstown that Payment Request No. 2 from Brentwood Industries, Inc. of Reading, Pennsylvania in the amount of $57,266.30 is hereby approved as detailed herein, and the Treasurer is authorized to issue same. Resolution 2012-186 Authorizing Payment #2 – B & H Contracting, Inc. (Post Chlorination Tank) Council President Quattrone moved resolution 2012-186, Councilmember Doran seconded. Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibaulr and Woods voted yes. Resolution adopted, 6-0 Resolution 2012-186 BOROUGH OF HIGHTSTOWN COUNTY OF MERCER STATE OF NEW JERSEY AUTHORIZING PAYMENT # 2 – B & H CONTRACTING, INC. (POST CHLORINATION TANK) WHEREAS, on December 19, 2011 the Borough Council awarded a contract for the Post Chlorination Tank to B & H Contracting, Inc, of Folsom, New Jersey in the amount of $201,950.00; and and WHEREAS, the contractor has submitted payment request #2 for work done in the total amount of $34,202.00; WHEREAS, the Borough Engineer has recommended approval of payment #2 to B & H Contracting, Inc, in the amount of $34,202.00 pending receipt of certified payrolls; and WHEREAS, the Chief Finance Officer has certified that funds are available for this expenditure. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Hightstown that Payment Request No. 2 from B & H Contracting, Inc, of Folsom, New Jersey in the amount of $34,202.00 is hereby approved as detailed herein, and the Acting Treasurer is authorized to issue same Resolution 2012-190 Declaring a Default in the Construction of the Residential Development Known as “Enchantment at Hightstown,” and Authorizing the Borough to Take all Appropriate Actions to Seek Completion of the Outstanding Improvements Through the Developer’s Bonding Company and Performance Bond Mayor Kirson recused himself from discussion and vote on this resolution, Council President Quattrone took over the meeting at this time. Councilmember Thibault moved resolution 2012-190, Councilmember Bibens seconded. The Borough Engineer advised that she has recommended that the Borough declare default due to the incomplete construction. The project started in 2004 and there has been no response to her correspondence from the developer for over a year until after she requested the default declaration, then the developer requested an extension with no firm completion date; she has prepared a cost estimate for the project’s completion. July 16, 2012 - 3 -
The Borough Attorney confirmed that the Borough has taken the proper measures and process to declare the default. Roll Call Vote: Council members Bibens, Bluth, Doran, Quattrone, Thibault and Woods voted yes. Resolution adopted, 6-0 Resolution 2012-190 BOROUGH OF HIGHTSTOWN COUNTY OF MERCER STATE OF NEW JERSEY A RESOLUTION OF THE BOROUGH OF HIGHTSTOWN DECLARING A DEFAULT IN THE CONSTRUCTION OF THE RESIDENTIAL DEVELOPMENT KNOWN AS “ENCHANTMENT AT HIGHTSTOWN,” AND AUTHORIZING THE BOROUGH TO TAKE ALL APPROPRIATE ACTIONS TO SEEK COMPLETION OF THE OUTSTANDING IMPROVEMENTS THROUGH THE DEVELOPER’S BONDING COMPANY AND PERFORMANCE BOND. WHEREAS, construction of the residential development known as “Enchantment at Hightstown” (the “Development”) was commenced in or about December of 2004; and WHEREAS, in connection with the approvals granted by the Borough of Hightstown (the “Borough”) for the Development, the developer, Enchantment at Hightstown, LLC (the “Developer”), a subsidiary of Robertson Douglas Group, was required to post a performance guarantee and a cash guarantee in order to insure the faithful completion of all site improvements associated with the Development, in accordance with the requirements of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.; and WHEREAS, the performance guarantee was issued by Westchester Fire Insurance Company, and bears Bond Number KO6685882 (the “Westchester Bond”); and WHEREAS, though all of the residential homes constructed in the Development are now completed and occupied, certain site improvements remain incomplete and/or require maintenance; and WHEREAS, during the eight (8) years which have elapsed since the commencement of construction of the Development, the Developer has been notified of these deficiencies on numerous occasions by the Borough Engineer, but the Developer has failed or refused to take satisfactory corrective actions; and WHEREAS, the Borough believes that the completion of the outstanding improvements has taken far too long, and that the said improvements must be completed as soon as possible in order to ensure the safety and convenience of the residents who now reside within the Development; and WHEREAS, in view of the above, the Borough hereby wishes to declare the Developer to be in default of its obligations relating to the construction of site improvements at the Development; and WHEREAS, a detailed cost estimate of the outstanding improvements, as prepared by the Borough Engineer dated July 6, 2012, is attached hereto as Exhibit “A” and is made a part hereof; and WHEREAS, the total cost to complete the outstanding improvements, as estimated by the Borough Engineer, is $365,726.50; and WHEREAS, the current amount of the Westchester Bond is $1,061,885.40; and WHEREAS, the Borough is also holding ten percent (10%) of the amount of Westchester Bond in the form of a cash guarantee; and WHEREAS, in view of the Developer’s continued and prolonged failure or refusal to complete the outstanding improvements, the Borough Engineer has recommended that the Borough should take all necessary steps to pursue completion of the said improvements by utilizing the Westchester Bond and/or the cash guarantee referenced above; and July 16, 2012 - 4 -
Page 1 and 2: Agenda Hightstown Borough Council R
Page 3 and 4: Discussion Public Comment II Hurric
Page 5 and 6: Meeting Minutes Hightstown Borough
Page 7 and 8: that the agenda was approved with t
Page 9 and 10: Council President Quattrone moved r
Page 11 and 12: WHEREAS, the Chief Finance Officer
Page 13 and 14: Federal Forfeiture Carmela Roberts,
Page 15 and 16: BOROUGH OF HIGHTSTOWN COUNTY OF MER
Page 17 and 18: Resolutions 2012-168, 2012-169 and
Page 19 and 20: WHEREAS, the tax records of the Bor
Page 21 and 22: noted that the Rug Mill property is
Page 23 and 24: Councilmember Thibault Comments “
Page 25 and 26: Mr. Theokas explained that this ord
Page 27 and 28: Roll Call Vote: Council members Bib
Page 29 and 30: WHEREAS, Wyckoff’s Mill Condomini
Page 31 and 32: WHEREAS, the Borough Engineer has i
Page 33 and 34: Councilmember Doran moved Resolutio
Page 35 and 36: Council President Quattrone - noted
Page 37: discussion conducted at said meetin
Page 41 and 42: BE IT ORDAINED BY THE BOROUGH COUNC
Page 43 and 44: stormwater management strategies in
Page 45 and 46: Lucia Cruse, B11 Garden View Terrac
Page 47 and 48: Council President Quattrone moved o
Page 49 and 50: 3. The lieutenant, if one is then s
Page 51 and 52: Subsection 2-19.13 Subsection 2-19.
Page 53 and 54: k. Conduct of Officers. Special law
Page 55 and 56: or withdraw it. 14-10.4 Violations
Page 57 and 58: Police Director shall mean the pers
Page 59 and 60: determination that the proposed loc
Page 61 and 62: (7) Kidnapping (8) Robbery; (9) Agg
Page 63 and 64: e. Use of License. Taxicab driver
Page 65 and 66: 1. Failure to render reasonable, pr
Page 67 and 68: conspicuous place, or by clearly vi
Page 69 and 70: a. The locations described are here
Page 71 and 72: Law Enforcement Trust 15.75 Housing
Page 73 and 74: 8. The manner through which the mun
Page 75 and 76: Councilmember Thibault - hopes that
Page 77 and 78: Hightstown Police Department 415A M
Page 79 and 80: Hightstown Police Department 415A M
Page 87: Resolution 2012-198 BOROUGH OF HIGH
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Subsection 2-55.2 Fees for Copies.
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Subsection 2-55.4 Denial of Examina
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Ordinance 2012-13 BOROUGH OF HIGHTS
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payment of the purchase price plus
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(a) The improvements or purposes de
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1. The disposition of new or additi
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investigate the all applications. A
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(d) (e) (f) (g) Applicant must supp
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than thirty (30) miles an hour abov
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shall have the right to be represen
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a. Licenses issued pursuant to this
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Introduced: July 16, 2012 Adopted:
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place, or by other clearly visible
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k. Taxicab drivers and passengers s
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to that portion of the Ordinance ac
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2. This ordinance shall also be app
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Introduced: July 16, 2012 Adopted:
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August 1, 2012 Borough of Hightstow
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Resolution 2012-200 BOROUGH OF HIGH
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HIGHTSTOWN BOROUGH 154 North Main S
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August 6, 2012 â Packet - Borough of Hightstown

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August 6, 2012 â Packet - Borough of Hightstown