Post on 06-Aug-2020
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-167
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING REFUND OF CONSTRUCTION PERMIT FEES
WHEREAS, the Construction Official, by copy of a letter dated June 25, 2020, copy of
which is attached hereto as Exhibit “A”, has recommended the Council approve the following
construction permit refunds:
Refund to: Reason Amount
Stratford Developers Permit # 20190248 $ 4,196.00
90 Woodbridge Center Dr. Requests refund due to homeowner
Woodbridge, N.J. 07095 decided not to buy 20 Liberty Way
due to Covid 19.
Stratford Developers Permit # 20190248 $ 133.00
90 Woodbridge Center Dr. Requests refund due to homeowner
Woodbridge, N.J. 07095 decided not to buy 20 Liberty Way
due to Covid 19.
WHEREAS, Council has reviewed the recommendation of the Construction Official and
finds the requests for the above refunds to be reasonable;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex, State of New Jersey that the request is hereby authorized
and that a refund be made to Stratford Developers in the amount of $4,329.00.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-168
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
GRANTING ADVICE AND CONSENT
TO THE APPOINTMENT OF ARNOLD RIBACK
TO THE AFFORDABLE HOUSING BOARD
WHEREAS, the Honorable Gerald W. Tamburro, Mayor of the Township of Monroe, by
copy of letter dated July 10, 2020, has appointed the following member to serve on the Affordable
Housing Board to fill the unexpired term of Joseph Gurney, commencing immediately and
expiring on December 31, 2021:
Arnold Riback – Alternate II – 2 yr. term
WHEREAS, the Administrative Code of the Township of Monroe requires the Advice and
Consent of the Council for such appointments;
THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Monroe, County of Middlesex, State of New Jersey that the Township Council hereby provides its
Advice and Consent and confirms the appointment of Arnold Riback to serve on the Affordable
Housing Board as Alternate II to fill the unexpired term of Joseph Gurney, commencing
immediately and expiring on December 31, 2021.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-169
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING AWARD OF BID TO JEN ELECTRIC, INC. FOR
EMERGENCY TRAFFIC SIGNAL AND BEACON MAINTENANCE AND REPAIRS
WHEREAS, on June 10, 2020 one (1) sealed bid was received by Monroe Township for
Emergency Traffic Signal and Beacon Maintenance and Repairs; and
WHEREAS, the Township Engineer, by copy of letter dated June 22, 2020, has
recommended the contract be awarded to Jen Electric, Inc. 631 Morris Avenue Springfield, N.J.
07081, the low responsible bidder, for a period of 12 months, not to exceed $40,000.00; and
WHEREAS, the Township Council has reviewed the recommendations made by the
Township Engineer regarding said bid; and
WHEREAS, the Township’s Certified Municipal Finance Officer has determined that
sufficient funds are available, as set forth in Certificate No. C-2000041, a copy of which is attached
hereto as Exhibit "A”; and
WHEREAS, no contract that is subject to the requirements of the Affirmative Action
Regulations pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. shall be awarded by
the Township of Monroe, nor shall any monies be paid there under, to any contractor, subcontractor
of business firm that has not agreed and guaranteed to comply with Affirmative Action Regulations
and to afford equal opportunity in the performance of the contract in accordance with the
affirmative action plan approved under the terms established in the above cited regulations;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex, State of New Jersey that it has rendered its advice and
hereby consents to the award of bid to Jen Electric, Inc. for Emergency Traffic Signal and Beacon
Maintenance and Repairs, for a period of 12 months, at a total contract price not to exceed
$40,000.00; and
BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby
authorized and directed to execute a contract with Jen Electric, Inc.; and
BE IT FURTHER RESOLVED that the Township’s Certified Municipal Finance Officer
is hereby authorized and directed to pay Jen Electric, Inc. in accordance with the contract entered
into between the parties; and
BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that
Jen Electric, Inc. shall comply with Affirmative Action Regulations, including revising their
contracts as necessary to add mandatory affirmative action language, and submitting a completed
AA-201, within seven (7) days of notification of award of the contract or risk being declared non-
responsive and forfeiting the award.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-170
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 1 AND FINAL
SUBMITTED BY BLACK ROCK ENTERPRISES, LLC.
IN CONNECTION WITH THE PARK AND RIDE IMPROVEMENT PROJECT
WHEREAS, pursuant to Resolution No. R-9-2019-244, adopted by the Monroe Township
Council at its meeting held on September 4, 2019, a contract was awarded to Black Rock
Enterprises, LLC. in connection with the Applegarth Road Park and Ride Improvements Project;
and
WHEREAS, the original total contract amount was $534,704.00; and
WHEREAS, the Township Engineer, in a letter dated June 22, 2020, requested approval
of Change Order No. 1 and Final for the Park and Ride Improvements Project reflecting a decrease
of $54,800.08 in the contract amount, as the result of adjusted contract quantities, as described in
the attached change order; and
WHEREAS, the current contract price including this change order is $479,903.92; and
WHEREAS, the Township Council has reviewed the request and has found same to be
reasonable; and
WHEREAS, the Certified Municipal Finance Officer has certified in Certificate No.
C-1900067, a copy of which is attached hereto, that sufficient funds are available;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are
hereby authorized to execute Change Order No. 1 and Final, attached hereto and made a part
hereof.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-171
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING AN AGREEMENT WITH WB MASON FOR OFFICE
SUPPLIES/CUSTODIAL SUPPLIES FOR THE TOWNSHIP OF MONROE
UNDER THE SOMERSET COUNTY COOPERATIVE PRICING SYSTEM
FOR CALENDAR YEAR 2020-2021
WHEREAS, the Township of Monroe, County of Middlesex, is a member of the
Somerset County Cooperative Pricing System #2SOCCP; and
WHEREAS, wishes to enter into an agreement for Office Supplies/Custodial Supplies
for the Township of Monroe, with WB Mason, 300 Prospect Plains Road Cranbury, N.J. 08512,
an authorized vendor under the Somerset County Cooperative Pricing System #2SOCCP:
Bid No. Bid/Contract Title Pricing Info.
CC-0001-20 Office Supplies/Custodial Supplies percentage discount
(see attached)
; and
WHEREAS, the purchase of goods and services by local contracting units without public
bidding is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-11; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe that the Mayor and Municipal Clerk are hereby authorized to utilize WB Mason for
office supplies/custodial supplies for the Township of Monroe, under the Somerset County
Cooperative Pricing System.
SO RESOLVED, as aforesaid.
___________________________________
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
___________________________________
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-172
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING AN ELECTRONIC TAX SALE
WHEREAS, N.J.S.A. 54:5-19.1 authorizes electronic tax sales pursuant to the rules and
regulations promulgated by the Director of the Division of Local Government Services; and
WHEREAS, the Division of Local Government Services has promulgated rules and
regulations for electronic tax sales; and
WHEREAS, the Director of the Division of Local Government Services has approved N.J.
Tax Lien Investors/Real Auction.com to conduct electronic tax sales; and
WHEREAS, an electronic tax sale is innovative and provides a greater pool of potential
lien buyers, thus creating the environment for a more complete tax sale process; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex, and State of New Jersey that the Tax Collector is hereby
authorized to participate in an electronic tax sale and submit same to the Director of the Division
of Local Government if necessary.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-173
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING FEES FOR ELECTRONIC TAX SALE NOTICES
WHEREAS, N.J.S.A. 54:5-19.1 authorizes electronic tax sales pursuant to the rules and
regulations promulgated by the Director of the Division of Local Government Services; and
WHEREAS, the rules and regulations require a municipality to send two (2) notices of tax
sale to all properties included in said sale; and
WHEREAS, the rules and regulations allow said municipality to charge a fee of $25.00
per notice for the creation, printing and mailing of said notice; and
WHEREAS, in an effort to more fairly assign greater responsibility to delinquent
taxpayers, the Township of Monroe wishes to charge $20.00 per notice mailed which will be
assessed specifically to the delinquent accounts that are causing the need for a tax sale and not to
the general tax base.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex, and State of New Jersey that a fee of $20.00 per notice be
established and is hereby authorized and directed to be charged for each notice of tax sale that is
sent in conjunction with the 2020 electronic tax sale.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-174
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING REFUND OF THIRD PARTY TAX LIEN PREMIUM PAYMENTS
WHEREAS, Premiums have been paid for various properties for the purchase of Tax Lien
Certificates for properties listed on the Tax Map of the Township of Monroe, in the amount of
One- Thousand Nine-Hundred dollars and no cents ($1,900.00),
WHEREAS, pursuant to N.J.S.A. 54: 5-33 said premiums must be returned to the
purchasers upon redemption:
WHEREAS, The Tax Lien Certificates as outlined on Schedule A have been redeemed:
NOW, THEREFORE, BE IT RESOLVED by the Township of Monroe in the County
of Middlesex in the State of New Jersey that the Township’s Certified Municipal Financial Officer
is hereby authorized and directed to draw a check from the Township’s Trust Account in the
amount listed on Schedule A and forward same to the Tax Collector for distribution to the
purchasers.
SO RESOLVED, as aforesaid.
_________________________________
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify that the foregoing Resolution is a true and exact copy of a Resolution adopted
by the Monroe Township Council at its meeting held on August 3, 2020
___________________________________
PATRICIA REID, Municipal Clerk
SCHEDULE A
BLOCK / LOT TTL# NAME AMOUNT
160.6 58 19-00068 CC1 NJ II LLC $1,900.00
PO Box 123800
Dallas, TX 75312
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-175
RESOLUTION PROVIDING FOR INSERTION
OF A SPECIAL ITEM OF REVENUE IN THE BUDGET
PURSUANT TO N.J.S.A. 40A:4-87
(CHAPTER 159, P.L. 1948)
WHEREAS, N.J.S.A. 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
was not determined at the time of the adoption of the budget; and
WHEREAS, the Director may also approve the insertion of an item of appropriation for
equal amount;
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township
of Monroe, County of Middlesex, 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 for Year
2020 in the sum of $85,147.33, which is now available as a revenue from the 2020 Clean
Communities Grant;
BE IT FURTHER RESOLVED that a like sum of $85,147.33 is hereby appropriated
under the caption:
“2020 CLEAN COMMUNITIES GRANT”
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-176
RESOLUTION PROVIDING FOR INSERTION
OF A SPECIAL ITEM OF REVENUE IN THE BUDGET
PURSUANT TO N.J.S.A. 40A:4-87
(CHAPTER 159, P.L. 1948)
WHEREAS, N.J.S.A. 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
was not determined at the time of the adoption of the budget; and
WHEREAS, the Director may also approve the insertion of an item of appropriation for
equal amount;
NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township
of Monroe, County of Middlesex, 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 for Year
2020 in the sum of $583.48, which is now available as a revenue from the 2020 Municipal Court
Alcohol Education Rehabilitation and Enforcement Fund;
BE IT FURTHER RESOLVED that a like sum of $583.48 is hereby appropriated under
the caption:
“2020 MUNICIPAL COURT ALCOHOL EDUCATION
REHABILITATION AND ENFORCEMENT FUND”
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-177
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING REFUND OF RAFFLE LICENSE FEE
WHEREAS, the Friends of the Senior Center, by copy of a letter dated July 17, 2020, copy
of which is attached hereto as Exhibit “A”, has requested the following refund:
Refund to: Reason Amount
Friends of the Senior Center, Inc. Bingo dates cancelled $60.00
c/o Christine Flynn, President due to COVID-19 -
12 Halsey Reed Road April 24, June 26 and
Monroe Township, N.J. 08831 August 19, 2020
WHEREAS, the Township Clerk recommends the Council approve the raffle license fee
refund:
WHEREAS, Council agrees with the recommendation and finds the request for the above
refund to be reasonable;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex, State of New Jersey that the request is hereby authorized
and that a refund be made to Friends of the Senior Center, Inc. in the amount of $60.00.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO: R-8-2020-178
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING THE DISCHARGE OF AFFORDABLE HOUSING LIEN
GIVEN ON 1020 MORNING GLORY DRIVE
WHEREAS, on September 9, 2016, Cristina Cartagena (“Cartagena”) gave a recapture
mortgage in accordance with the State’s Affordable Housing Program, to the Township of Monroe
requiring Cartagena to pay the sum of $8,400.00 to the Municipality upon the first non-exempt
sale of their property having an address of 1020 Morning Glory Drive, (the “Property”) as provided
under the rules of the New Jersey Housing and Mortgage Finance Agency set forth in N.J.A.C.
5:80-26.5(c), said mortgage having been recorded with the Middlesex County Clerk on October
18, 2016, in Mortgage Book 16504 on Page 0588 et seq. (the “Cartagena Affordable Housing
Lien”); a copy of said mortgage is attached as Exhibit “A”; and
WHEREAS, on December 2, 2019, Cartagena sold the Property to Caterina Russo and
Valerie Perchiano, (“Russo/Perchiano”); Cartagena executed a deed in the mandatory form
required for ownership units subject to restrictive covenant required by N.J.A.C. 5:80-26.5(d)
transferring title to the Property to Russo/Perchiano for the sum of $86,317.00, said deed having
been recorded with the Middlesex County Clerk on December 20, 2019 in Deed Book 17725, page
1593 et seq.; a copy of said deed is attached as Exhibit “B”; and
WHEREAS, on December 19, 2019, Russo/Perchiano gave a recapture mortgage in
accordance with the State’s Affordable Housing Program to the Township of Monroe requiring
Russo/Perchiano to pay the sum of $31,683.00 to the Municipality upon the first non-exempt sale
of their property having an address of 1020 Morning Glory Drive, as provided under the rules of
the New Jersey Housing and Mortgage Finance Agency set forth in N.J.A.C. 5:80-26.5(c), said
mortgage having been recorded with the Middlesex County Clerk on July 17, 2020, in Mortgage
Book 17948 on Pages 1441-1447 et seq.; a copy of said mortgage is attached as Exhibit “C”; and
WHEREAS, the Cartagena Affordable Housing Lien qualifies for discharge under the
New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and the rules of the New Jersey
Housing and Mortgage Finance agency set forth in N.J.A.C. 5:80-26.1 et seq; and
WHEREAS, Cartagena sold the Property to Russo/Perchiano, and Russo/Perchiano
executed a new affordable housing recapture mortgage in favor of the Township; accordingly, the
Cartagena Affordable Housing Lien should be discharged; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are
authorized and directed to execute the Discharge of Mortgage, annexed hereto as Exhibit “D”.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO: R-8-2020-179
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING THE DISCHARGE OF AFFORDABLE HOUSING LIEN
GIVEN ON 1142 MORNING GLORY DRIVE
WHEREAS, on April 23, 2014, Kadeidra Robinson (“Robinson”) gave a recapture
mortgage in accordance with the State’s Affordable Housing Program, to the Township of Monroe
requiring Robinson to pay the sum of $90,000.00 to the Municipality upon the first non-exempt
sale of their property having an address of 1142 Morning Glory Drive, (the “Property”) as provided
under the rules of the New Jersey Housing and Mortgage Finance Agency set forth in N.J.A.C.
5:80-26.5(c), said mortgage having been recorded with the Middlesex County Clerk on June 13,
2014, in Mortgage Book 6579 on Page 641 et seq. (the “Robinson Affordable Housing Lien”); a
copy of said mortgage is attached as Exhibit “A”; and
WHEREAS, on November 14, 2019, Robinson sold the Property to Jitendrabhai M. and
Ranjanbahen J. Patel, (“Patel’s”); Robinson executed a deed in the mandatory form required for
ownership units subject to restrictive covenant required by N.J.A.C. 5:80-26.5(d) transferring title
to the Property to the Patel’s for the sum of $185,895.00, said deed having been recorded with the
Middlesex County Clerk on January 3, 2020 in Deed Book 17738, page 1385 et seq.; a copy of
said deed is attached as Exhibit “B”; and
WHEREAS, on November 14, 2019, the Patel’s gave a recapture mortgage in accordance
with the State’s Affordable Housing Program to the Township of Monroe requiring the Patel’s to
pay the sum of $18,859.00 to the Municipality upon the first non-exempt sale of their property
having an address of 1142 Morning Glory Drive, as provided under the rules of the New Jersey
Housing and Mortgage Finance Agency set forth in N.J.A.C. 5:80-26.5(c), said mortgage having
been recorded with the Middlesex County Clerk on January 3, 2020, in Mortgage Book 17738 on
Page 1414 et seq.; a copy of said mortgage is attached as Exhibit “C”; and
WHEREAS, the Robinson Affordable Housing Lien qualifies for discharge under the New
Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and the rules of the New Jersey Housing
and Mortgage Finance agency set forth in N.J.A.C. 5:80-26.1 et seq; and
WHEREAS, Robinson sold the Property to Patel’s, and the Patel’s executed a new
affordable housing recapture mortgage in favor of the Township; accordingly, the Robinson
Affordable Housing Lien should be discharged; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are
authorized and directed to execute the Discharge of Mortgage, annexed hereto as Exhibit “D”.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-180
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING AN EXTENSION OF CONTRACT WITH
POWER SAWS OF AMERICA INC. T/A RKD TREE SERVICE
FOR MONROE TOWNSHIP TREE REMOVAL AND PRUNING
WHEREAS, on May 7, 2018 per Resolution No. R-5-2018-147, Power Saws of America
Inc. t/a RKD Tree Service was awarded the Tree Removal and Pruning Services contract; and
WHEREAS, the current contract renewal expired on May 7, 2020 and the Township has
an option to extend for one additional one-year period; and
WHEREAS, the Township Qualified Purchasing Agent, in correspondence dated July 15,
2020, attached hereto, inquired as to the willingness of Power Saws of America Inc. to extend their
current contract for 6 months, expiring November 30, 2020; and
WHEREAS, the attached letter dated June 28, 2020 and email dated July 15, 2020
indicates the willingness of Power Saws of America to extend the current contract from May 8,
2020 thru November 30, 2020, under the same terms, conditions and pricing contained within their
original bid specification and contract; and
WHEREAS, the Certified Municipal Finance Officer has determined that sufficient funds
are available as set forth in Certificate No C-1800032, a copy of which is attached hereto as Exhibit
"A"; and
WHEREAS, the contract for Monroe Township Tree Removal and Pruning is being
extended six (6) months to November 30, 2020 in accordance with N.J.S.A. 40A:11-15 of the
Local Public Contracts Law;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, County of Middlesex, State of New Jersey that it has rendered its advice and hereby
consents to the six-month extension of contract with Power Saws of America, Inc. under the same
terms, conditions and pricing within their original bid specification submitted for Tree Removal
and Pruning; and
BE IT FURTHER RESOLVED that the Finance Department is hereby authorized and
directed to pay Invoices for the above referenced vendor in accordance with the original terms,
conditions and pricing contained within their original 2018 contract entered into between the
parties;
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the above to be a true and exact copy of a Resolution adopted by the
Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-181
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING THE MAYOR AND TOWNSHIP CLERK TO EXECUTE
A SHARED SERVICES AGREEMENT
BETWEEN THE TOWNSHIP OF MONROE AND TOWNSHIP OF EAST BRUNSWICK
FOR COMMUNICATION SERVICES
WHEREAS, the Township of Monroe, hereinafter “Monroe”, has requested to enter into
a Shared Services Agreement with the Township of East Brunswick, hereinafter “East Brunswick”
located at 1 Jean Walling Civic Center Drive, East Brunswick, N.J. 08816 for communication
services; and
WHEREAS, Monroe is proactive in addressing issues that are in the best interest to protect
the public safety and welfare of the community; and
WHEREAS, Monroe is in need of an upgraded communication system and East
Brunswick has agreed to the connection by Monroe to East Brunswick’s ASTRO 25 IP Digital
Trunked Simulcast Core System for communication services; and
WHEREAS, the Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.,
authorizes local units of this State to enter into agreements with any other local unit or units to
provide or receive any service that each local unit participating in the agreement is empowered to
provide or receive in its own jurisdiction; and
WHEREAS, Monroe is in receipt of a Shared Services Agreement between the Township of
Monroe and the Township of East Brunswick in which the parties mutually agree to the provisions
set forth within the Shared Services Agreement at a cost not to exceed $25,000.00; and
WHEREAS, the Township’s Certified Municipal Finance Officer has determined that
sufficient funds are available, as set forth in Certificate No.C-2000042, a copy of which is attached
hereto as Exhibit "A”; and
WHEREAS, it is in the best interests of the Township of Monroe to execute said Shared
Services Agreement, which shall be for a one-year period commencing August 3, 2020;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe in the County of Middlesex and State of New Jersey. that the Mayor and Township
Clerk be and are hereby authorized and directed to execute the attached Shared Services
Agreement and forward same to the Township of East Brunswick.
BE IT FURTHER RESOLVED that the Township’s Certified Municipal Finance Officer
is hereby authorized and directed to pay the Township of East Brunswick. in accordance with the
shared service agreement entered into between the parties.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution adopted by
the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-182
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING AN AMMENDMENT TO CONTRACT NO. 479
“ION EXCHANGE SYSTEM REPAIR AND MAINTENANCE” WITH LAYNE
EXTENDING THE TERMINATION DATE TO MAY 7, 2021
FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”)
WHEREAS, the Monroe Township Utility Department (“M.T.U.D.”) is currently under
contract with LAYNE for ION EXHCHANGE SYSTEM REPAIR MAINTENANCE; and
WHEREAS, the section of the current contract detailed specifications, Section 13.
“Contract Terms and Extension” allows for the extension of this contract at the request of the
Monroe Township Utility Department; and
WHEREAS, the M.T.U.D. Purchasing Agent after consultation with the Water
Superintendent, feels it is in the best interest of the Monroe Township Utility Department to extend
the current contract for the additional/final (1) one-year term, and has notified Layne, Inc. of the
M.T.U.D.’s intention to extend said contract via a letter dated June 8, 2020; and
WHEREAS, Layne has indicated their acknowledgment and agreement to the extension
by signing and returning the above referenced letter, a copy of which is attached hereto as Exhibit
“B”; and
WHEREAS, pursuant to N.J.A.C. 5:30-5.4, the M.T.U.D.’s Township Chief Financial
Officer has certified availability of funds in Certificate No. M-180022 a copy of which is attached
hereto as Exhibit "A"; and
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, that it hereby authorizes and approves the M.T.U.D. extending its open-ended contract
for the supply of Ion Exchange Repair and Maintenance, based on the unit pricing and estimated
quantities, for the year (3) three final extension term. The new expiration date shall be May 7,
2021. The terms and conditions of the agreement shall remain unchanged, and the pricing shall
be as per the bid submitted.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-183
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING RELEASE OF MAINTENANCE GUARANTEE
POSTED FOR CLEARVIEW ESTATES - PB-1029-06
WHEREAS, the developer has posted a cash maintenance guarantee in the amount of
$78,729.01 for Clearview Estates, Block 35, Lots 27 & 28 - PB-1029-06; and
WHEREAS, on March 8, 2019 by Resolution No. R-3-2019-074, by recommendation of
the Township Engineer, the maintenance guarantee was reduced to $38,504.40 because infiltration
basin issues still existed; and
WHEREAS, on March 2, 2020 by Resolution No. R-3-2020-107, by recommendation of
the Township Engineer, the maintenance guarantee was further reduced to $7,320.00 until the
basin modifications were satisfactorily completed and the basin was functioning as required; and
WHEREAS, said work has been completed and the developer has requested the release of
the balance of the cash Maintenance Guarantee; and
WHEREAS, as defined in N.J.S.A. 40:55D-53 et seq., the Township Engineer has
inspected the detention basin improvements in the field and found that the improvements have
been satisfactorily completed and has recommended the Monroe Township Council to approve the
request for release of the cash maintenance guarantee, as detailed in a letter dated July 21, 2020, a
copy of which is attached hereto as Exhibit "A"; and
WHEREAS, the Monroe Township Council has reviewed and hereby approves the
recommendation of the Township Engineer to release the balance of the cash maintenance
guarantee in the amount of $7,320.00;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex and State of New Jersey that the cash maintenance
guarantee posted for Clearview Estates, Block 35, Lots 27 & 28 - PB-1029-06, be released as
reflected above and within the letter annexed hereto.
BE IT FURTHER RESOLVED that this approval for release of cash maintenance
guarantee is conditioned upon the resolution of any outstanding balances attached to the project
escrow accounts and payment of any outstanding Township fees.
BE IT FURTHER RESOLVED that the Monroe Township Finance Department is
hereby authorized and directed to release said cash Maintenance Guarantee in the amount of
$7,320.00 and any escrow accounts related to this project.
SO RESOLVED, as aforesaid.
_____________________________________
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-184
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING AWARD OF BID TO MECO, INC. FOR
2020 ROADWAY IMPROVEMENTS
WHEREAS, on July 23, 2020 thirteen (13) sealed bids were received by Monroe
Township regarding 2020 Roadway Improvements; and
WHEREAS, the Township Engineer, by copy of letter dated July 24, 2020, has
recommended Meco, Inc. P.O. Box 536, Clarksburg, N.J. 08510, be awarded the base bid and
alternates 1, 2 and 3 bid based upon their bid submission in the amount of $1,217,045.38; and
WHEREAS, the Township Council has reviewed the recommendations made by the
Township Engineer regarding said bid; and
WHEREAS, the Township’s Certified Municipal Finance Officer has determined that
sufficient funds are available, as set forth in Certificate No. C-2000043, a copy of which is attached
hereto as Exhibit "A”; and
WHEREAS, no contract that is subject to the requirements of the Affirmative Action
Regulations pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. shall be awarded by
the Township of Monroe, nor shall any monies be paid there under, to any contractor, subcontractor
of business firm that has not agreed and guaranteed to comply with Affirmative Action Regulations
and to afford equal opportunity in the performance of the contract in accordance with the
affirmative action plan approved under the terms established in the above cited regulations;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex, State of New Jersey that it has rendered its advice and
hereby consents to the award of bid to Meco, Inc. for the 2020 Roadway Improvements, at a
total contract price of $1,217,045.38; and
BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby
authorized and directed to execute a contract with Meco, Inc.; and
BE IT FURTHER RESOLVED that the Township’s Certified Municipal Finance Officer
is hereby authorized and directed to pay Meco, Inc. in accordance with the contract entered into
between the parties; and
BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that
Meco, Inc. shall comply with Affirmative Action Regulations, including revising their contracts
as necessary to add mandatory affirmative action language, and submitting a completed AA-201,
within seven (7) days of notification of award of the contract or risk being declared non-responsive
and forfeiting the award.
BE IT FURTHER RESOLVED, thereafter, a completed AA-202, monthly project
workforce report, must be submitted once a month for the duration of the contract to the
Department of Labor and to the Monroe Township Public Agency Compliance Officer.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-185
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING AWARD OF BID TO DOT DESIGNING INC.
FOR MONROE TOWNSHIP SHIRTS AND HATS
WHEREAS, on July 29, 2020 two (2) sealed bids were received by Monroe Township regarding
the Shirts and Hats bid; and
WHEREAS, the Monroe Township Business Administrator recommends in his letter dated July
29, 2020, a copy of which is attached hereto, that the contract be awarded to DOT Designing LLC., 242
Possum Hollow Road, Monroe Twp., NJ 08831 at the unit pricing provided by the bidder and as shown on
the attached schedule of rates; and
WHEREAS, the Township Council has reviewed the recommendations made by the Business
Administrator regarding said bid; and
WHEREAS, the Certified Municipal Finance Officer has determined that sufficient funds are
available, as set forth in Certificate No. C-2000044, a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, the Utility Finance Manager has certified the availability of funds in Certificate No.
M-200011, a copy of which is attached hereto as Exhibit "B"; and
WHEREAS, no contract that is subject to the requirements of Article 3 of the Affirmative Action
Regulations pursuant to Public Law 1975, Chapter 127 (N.J.A.C. 17:27-1, et seq.) shall be awarded by the
Township of Monroe, nor shall any monies be paid thereunder, to any contractor, subcontractor of business
firm that has not agreed and guaranteed to comply with Affirmative Action Regulations and to afford equal
opportunity in the performance of the contract in accordance with the affirmative action plan approved
under the terms established in the above-cited regulations;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of
Monroe, County of Middlesex, State of New Jersey that it has rendered its advice and hereby consents to
the award of a 1 year contract to DOT Designing, LLC, for Monroe Township Shirts and Hats at the unit
pricing provided by the bidder, said contract to expire on July 31, 2021, with the provision authorizing the
Business Administrator to extend for two additional one year periods with the consent of the bidder; and
BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized and
directed to execute a contract with DOT Designing LLC.; and
BE IT FURTHER RESOLVED that the Certified Municipal Finance Officer is hereby authorized
and directed to pay DOT Designing LLC. in accordance with the contract entered into between the parties;
and
BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that DOT
Designing LLC shall comply with Affirmative Action Regulations, including revising their contracts as
necessary to add mandatory affirmative action language, and submitting either a letter of federal approval
or a certificate of employee information report, or a completed form AA302 at the time the signed contracts
are returned to the Township of Monroe, or seven (7) days thereafter, or risk being declared non-responsive
and forfeiting the award.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution adopted by
the Monroe Township Council at its Meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-186
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
AUTHORIZING THE AWARD OF BID TO PABCO INDUSTRIES, LLC
FOR THE PURCHASE OF GRASS BAGS
FOR THE MONROE TOWNSHIP DEPARTMENT OF PUBLIC WORKS
WHEREAS, on July 29, 2020 one (1) sealed bid was received by Monroe Township
regarding the purchase of Grass Bags for the Department of Public Works; and
WHEREAS, the Monroe Township Business Administrator recommends, by copy of letter
dated July 29, 2020, a copy of which is attached hereto, that the Grass Bag contract be awarded to
Pabco Industries, LLC. 166 Frelinghuysen Avenue, Newark, NJ, at the unit pricing of $.042 per
bag, as provided by the bidder, and as shown on the attached schedule of rates; and
WHEREAS, the Township Council has reviewed the recommendation made by the
Business Administrator regarding said bid and finds same to be reasonable; and
WHEREAS, the Certified Municipal Finance Officer has determined that sufficient funds
are available, as set forth in Certificate No C-2000045, a copy of which is attached hereto as
Exhibit "A"; and
WHEREAS, no contract that is subject to the requirements of the Affirmative Action
Regulations pursuant to N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. shall be awarded by
the Township of Monroe, nor shall any monies be paid there under, to any contractor, subcontractor
of business firm that has not agreed and guaranteed to comply with Affirmative Action Regulations
and to afford equal opportunity in the performance of the contract in accordance with the
affirmative action plan approved under the terms established in the above cited regulations;
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, County of Middlesex, State of New Jersey that it has rendered its advice and hereby
consents to the award of a contract for the Department of Public Works Grass Bags, at the unit
pricing provided by the bidder, said contract to commence immediately and expiring August 31,
2021 with the provision authorizing the Business Administrator to extend for a period of one
additional year with the consent of the bidder; and
BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby
authorized and directed to execute a contract with Pabco Industries, LLC. at a cost not to exceed
$.042 per unit,; and
BE IT FURTHER RESOLVED that the Certified Municipal Finance Officer is hereby
authorized and directed to pay Pabco Industries, LLC. in accordance with the contract entered
into between the parties; and
BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that
Pabco Industries shall comply with Affirmative Action Regulations, including revising their
contracts as necessary to add mandatory affirmative action language, and submitting either a letter
of federal approval or a certificate of employee information report, or a completed form AA302 at
the time the signed contracts are returned to the Township of Monroe, or seven (7) days thereafter,
or risk being declared non-responsive and forfeiting the award.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the above to be a true and exact copy of a Resolution adopted by the
Monroe Township Council at its meeting on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-187
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
DECLARING CONTRACTOR DEFAULT AND AUTHORIZING
THE TOWNSHIP TO TAKE ACTION AGAINST THE PERFORMANCE BONDS
POSTED BY LENNAR/LORI GARDENS ASSOCIATES II, LLC, FOR PHASE 2,
SECTION 8B; PHASE 2, SECTION 9; PHASE 2, SECTION 10; PHASE 2, SECTION 10
PARTIAL STORM; AND PHASE 2, PERIMETER ONLY
OF THE GREENBRIAR AT STONEBRIDGE DEVELOPMENT
WHEREAS, on April 28, 2011, memorialized on May 26, 2011, Lennar Company/Lori
Gardens Associates II, LLC (“Lori Gardens”) was awarded Final Major Subdivision Approval
by the Monroe Township Planning Board pursuant to Resolution PB #1094-10 for Phase 2,
Section 8B of the Greenbriar at Stonebridge development (“Subject Project”); and
WHEREAS, on December 12, 2012, The Continental Insurance Company (“Surety”),
issued a Rider on Performance Bond No. 92953952 (effective 10/18/11 Performance Bond No.
changed to 929539752) (“Section 8B Performance Bond”), in the amount of $483,262.52 to
assure completion of construction on the Subject Project; and
WHEREAS, on February 23, 2012, memorialized on March 22, 2012, Lennar
Company/Lori Gardens Associates II, LLC (“Lori Gardens”) was awarded Final Major
Subdivision Approval by the Monroe Township Planning Board pursuant to Resolution PB
#1108-11 for Phase 2, Section 9 and Phase 2 Section 10 Partial Storm of the Subject Project; and
WHEREAS, on April 21, 2014, Liberty Mutual Insurance Company (“Surety”), issued a
Rider on Performance Bond No. 024022996 (“Section 9 Performance Bond”) in the amount of
$608,831.93, to assure completion of construction on the Subject Project; and
WHEREAS, on November 21, 2014, Liberty Mutual Insurance Company (“Surety”),
issued a Rider on Performance Bond No. 024022995 (“Partial Storm Performance Bond”), in the
amount of $201,861.27, respectively, to assure completion of construction on the Subject
Project; and
WHEREAS, on February 28, 2013, memorialized on April 3, 2013, Lennar
Company/Lori Gardens Associates II, LLC (“Lori Gardens”) was awarded Final Major
Subdivision Approval by the Monroe Township Planning Board pursuant to Resolution PB
#1125-12 for Phase 2, Section 10 of the Subject Project; and
WHEREAS, on November 21, 2014, The Continental Insurance Company (“Surety”),
issued a Rider on Performance Bond No. 929582946 (“Phase 2, Section 10 Performance Bond”),
in the amount of $555,711.89 to assure completion of construction on the Subject Project; and
WHEREAS, on February 23, 2012, memorialized on March 22, 2012, Lennar
Company/Lori Gardens Associates II, LLC (“Lori Gardens”) was awarded Final Major
Subdivision Approval by the Monroe Township Planning Board pursuant to Resolution PB
#945-05 (Final PB-1108-11) for Phase 2, Perimeter Only of the Subject Project; and
WHEREAS, on March 21, 2011, The Continental Insurance Company (“Surety”), issued
a Rider on Performance Bond No. 929501250 (“Perimeter Only Performance Bond”), in the
amount of $486,998.36 to assure completion of construction on the Subject Project; and
WHEREAS, the Section 8B Performance Bond, the Section 9 Performance Bond; the
Partial Storm Performance Bond, the Section 10 Performance Bond, and the Perimeter Only
Performance Bond shall be collectively referred to as the “Performance Bonds”; and
WHEREAS, on June 29, 2020, the Township Engineer identified certain incomplete
work on the Subject Project, and demanded that Lori Gardens correct said deficiencies within 30
days; and
WHEREAS, as of July 29, 2020, the thirty days allowed by the Township for completion
of the deficient work expired and the incomplete work persists; and
WHEREAS, Lori Gardens has not diligently worked to complete the necessary work in a
timely fashion; and
WHEREAS, the Performance Bonds require a municipal declaration of default with
notice to Lori Gardens and Surety; and
WHEREAS, the law firm of Rainone Coughlin Minchello, LLC is prepared to issue a
formal notification to Lori Gardens and Surety on a municipal declaration of default, in
substantially the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex, State of New Jersey, that the Township hereby declares
Lori Gardens in default of its obligation to complete construction at the Subject Project, and
BE IT FURTHER RESOLVED that the Township Attorney is hereby authorized to take
all action necessary and proper to obtain payment of the Performance Bonds amounts from The
Continental Insurance Company and Liberty Mutual Insurance Company as to the Subject Project
due to the failure of Lori Gardens to complete the required construction, and that said Surety funds
shall be used to pay for the cost of completing the construction, including professional engineering
and attorney fees incurred by the Township relating thereto.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk
MONROE TOWNSHIP, MIDDLESEX COUNTY
RESOLUTION NO.: R-8-2020-188
RESOLUTION OF THE MONROE TOWNSHIP COUNCIL
DECLARING CONTRACTOR DEFAULT AND AUTHORIZING
THE TOWNSHIP TO TAKE ACTION AGAINST THE PERFORMANCE BOND
POSTED BY K. HOVNANIAN AT MONROE NJ II, LLC, FOR THE NORTH VILLAGE
OF THE FOUR SEASONS AT MONROE DEVELOPMENT
WHEREAS, on June 23, 2011, memorialized on July 28, 2011, K. Hovnanian at Monroe
NJ II, LLC (“K. Hovnanian”) was awarded Final Major Subdivision Approval by the Monroe
Township Planning Board pursuant to Resolution PB #1089-10 for the North Village of the Four
Seasons at Monroe development (“Subject Project”); and
WHEREAS, on October 31, 2018, Lexon Insurance Company (“Fidelity” or “Surety”),
issued a Rider on Performance Bond No. 1085976 (“Performance Bond”), in the amount of
$2,639,918.49 to assure completion of construction on the Subject Project; and
WHEREAS, on June 29, 2020, the Township Engineer identified certain incomplete
work on the Subject Project, and demanded that K. Hovnanian correct said deficiencies within 30
days; and
WHEREAS, as of July 29, 2020, the thirty days allowed by the Township for completion
of the deficient work expired and the incomplete work persists; and
WHEREAS, K. Hovnanian has not diligently worked to complete the necessary work in
a timely fashion; and
WHEREAS, the Performance Bond requires a municipal declaration of default with
notice to K. Hovnanian and Surety; and
WHEREAS, the law firm of Rainone Coughlin Minchello, LLC is prepared to issue a
formal notification to K. Hovnanian and Surety on a municipal declaration of default, in
substantially the form attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township
of Monroe, in the County of Middlesex, State of New Jersey, that the Township hereby declares
K. Hovnanian in default of its obligation to complete construction at the Subject Project, and
BE IT FURTHER RESOLVED that the Township Attorney is hereby authorized to take
all action necessary and proper to obtain payment of the Performance Bond amount from Lexon
Insurance Company as to the Subject Project due to the failure of K. Hovnanian to complete the
required construction, and that said Surety funds shall be used to pay for the cost of completing
the construction, including professional engineering and attorney fees incurred by the Township
relating thereto.
SO RESOLVED, as aforesaid.
MIRIAM COHEN, Council President
CERTIFICATION
I hereby certify the foregoing Resolution to be a true and exact copy of a Resolution
adopted by the Monroe Township Council at its meeting held on August 3, 2020.
PATRICIA REID, Township Clerk