on tuesday, october 13, 2015, at 6:30 pm the jackson township
Transcription
on tuesday, october 13, 2015, at 6:30 pm the jackson township
ON TUESDAY, OCTOBER 13, 2015, AT 6:30 P.M. THE JACKSON TOWNSHIP COUNCIL HELD ITS (EXECUTIVE SESSION) MEETING IN THE MUNICIPAL BUILDING ROLL CALL: COUNCILMAN BRESSI ATTORNEY CIPRIANI COUNCILMAN NIXON TOWNSHIP CLERK EDEN COUNCILWOMAN UPDEGRAVE COUNCIL VICE PRESIDENT MARTIN – Arrived 7:18 p.m. COUNCIL PRESIDENT CALOGERO ALSO IN ATTENDANCE: BUSINESS ADMINISTRATOR SCHLEGEL JOHN MACZUGA As Clerk of this meeting, I publicly announce that in compliance with the provisions of the “Open Public Meetings Act” adequate notice of this meeting of the Jackson Township Council has been advertised in the manner prescribed by law. RESOLUTION 319R-15 TITLE: RESOLUTION FOR EXECUTIVE SESSION TO AUTHORIZE TOWNSHIP COUNCIL TO ENTER INTO CLOSED DISCUSSIONS CONCERNING MATTERS AS NOTED BELOW MOTION TO APPROVE BY: NIXON MOTION SECONDED BY: BRESSI YES: BRESSI, NIXON, UPDEGRAVE, CALOGERO ABSENT: MARTIN WHEREAS, Section 8 of the Open Public Meetings Act permits the exclusion of the public from a public meeting under certain circumstances; and WHEREAS, this governing body is of the opinion that such circumstances presently exist. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, and State of New Jersey, as follows: 1. The public shall be excluded from discussion concerning the hereinafterspecified subject matter. 2. The general nature of the subject matter to be discussed is as follows: a) Personnel/Professionals: b) Litigation/Potential Litigation: Update – Affordable Housing 3rd Round Obligation. c) Potential Land Sale/Land Acquisition: Inquiry to purchase Township owned property Block 56.27, Lot 2. Update – lease agreement with Central Jersey Italian American Club. d) Contracts/Agreements: 3. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK 7:30 P.M. - - RECONVENE PUBLIC MEETING IN THE MAIN MEETING ROOM OF THE MUNICIPAL BUILDING PLEDGE OF ALLEGIANCE Jackson Township Council Meeting of October 13, 2015 Page 2 of 46 COUNCIL PRESIDENT CALOGERO – A moment of silence for our troops overseas and for our first responders here at home. ROLL CALL: COUNCILMAN BRESSI COUNCILMAN NIXON COUNCILWOMAN UPDEGRAVE COUNCIL VICE PRESIDENT MARTIN COUNCIL PRESIDENT CALOGERO ATTORNEY CIPRIANI TOWNSHIP CLERK EDEN ALSO IN ATTENDANCE: BUSINESS ADMINISTRATOR SCHLEGEL MAYOR MICHAEL REINA As Clerk of this meeting, I publicly announce that in compliance with the provisions of the “Open Public Meetings Act” adequate notice of this meeting of the Jackson Township Council has been advertised in the manner prescribed by law. PROCLAMATION/CERTIFICATES BREAST CANCER AWARENESS MONTH – Councilwoman Updegrave discussed how breast cancer has affected many people here tonight. I know several who have died from it and several received treatment in time and survived. Unfortunately, one out of eight women in the United States will be diagnosed with breast cancer in her lifetime. In 2015, an estimated 232,670 new cases of breast cancer are expected to occur; that is one woman every two minutes. New Jersey ranks 8th highest among all US states for breast cancer rates and 3rd highest for death rates. In New Jersey, approximately 7,000 women are expected to be diagnosed in 2015 and 1,300 will die from the disease. Nearly 2,200 men will be diagnosed and approximately 400 will die from the disease. Jackson Township is proud and honored to join with Susan G. Komen Central and South Jersey Affiliates to fight breast cancer. The 22nd Annual Komen Central and South Jersey Race for the Cure took place on October 4th at Six Flags Great Adventure. Seventy five percent of the net funds raised, stays in New Jersey to fund grants that provide medically undeserved and uninsured women with breast health education, mammography screening and early detection. The remaining twenty five percent of funds are directed to the Komen for the Cure Research, Evaluation and Scientific Program for ground breaking breast cancer research, meritorious awards and education and scientific conferences around the world. Therefore, Michael Reina and the Governing Body proclaims the month of October 2015 as Breast Cancer Awareness Month and encourage all women in our community to become aware and to make early detection a regular part of your lives discussing a screening program with your physician or health care provider. Early detection is very important and please focus on anything you can do to prevent this disease. JACKSON LITTLE LEAGUE 12 YR. OLD ALL STARS – Mayor Michael Reina stated to really excel in any one sport, a young person must demonstrate, in addition to a great deal of natural ability, an outstanding spirit of dedication, enthusiasm and hard work. A striking example of this is the achievement of the Jackson 12 year old All Star Little League team. Manager Evan Glaser and Coaches John Brooks and Steve Slusak, volunteered their time to lead and teach good baseball to the All-Star team so they could proudly represent the Township of Jackson. The 12 year old All Stars include: Joe Arcarese, Tyler Beck, Caden Brooks, Justin Burkett, Thomas Cartnick, Jared Caruso, Matthew Feld, Ryan Lasko, Austin Parikh, Matthew Potok, Zachary Rogacki, Sean Slusak and Jake Wendell. This was an exciting competition season for this team as their accomplishments for the 2015 Tournament Season include capturing the following titles: District 18 Champions, Section 3 Champions, New Jersey State Champions, and East Regional Runners-up. Jackson Township Council Meeting of October 13, 2015 Page 3 of 46 Therefore, I, Michael Reina, Mayor of the Township of Jackson, County of Ocean, State of New Jersey, do hereby congratulate the Jackson 12 Year Old All Star team, as well as the manager, coaches and parents, for their athletic achievement and for their commendable representation of Jackson Township. HOLBROOK LITTLE LEAGUE 10 YR. OLD ALL STARS – Mayor Michael Reina stated Nevin Mann and Jim Osmond served as Coaches of the Holbrook Little League 10 Year Old All Star Team under Manager Rob Grano. The coaches and adult volunteers of the Holbrook Little League have given of their time, patience, skills, and talents to coach their team. They have taken to the field and step by step defeated one team after another on their way to securing their victories for the 2015 Tournament Season by capturing the following titles: District 18 Champions, Section 3 Champions, New Jersey State Champions, and Mid-Atlantic Region Champions. This is the first and only team from Holbrook Little League in their 53 year history to become Mid-Atlantic Champions. These Holbrook 10 year old All Stars are Anthony Abbonizio, Chris Andrews, Mike Arent, Chris Cartnick, Dean Daddio, Garrett Drew, John Grano, Ryan Kinsman, Tai Mann, Charlie Meglio, Andrew Osmond, James Osmond, R.J. Vashey. Therefore, I, Michael Reina, Mayor of the Township of Jackson, County of Ocean, State of New Jersey, do hereby congratulate the Holbrook Little League 10 Year Old All Star team on its performance and extend best wishes to the team, the manager, the coaches, and the parents for a successful performance during the Little League All Star competitions. HOLBROOK LITTLE LEAGUE GIRLS SOFTBALL - The Holbrook Little League 12 Year old Softball All Star team and their manager, coaches and parents are celebrating a successful softball season. Jackson Township recognizes that participation in organized athletics helps build character and teaches a wholesome sense of good sportsmanship among our youth. The Holbrook Little League 12 Year Old Softball All Stars captured the District 18 Championship. This is the third consecutive year they have won this tournament. They have set the tone for future teams by winning with skill and discipline on the field, and by having sportsmanship and respect toward fellow team members and competitors. The 2015 Holbrook Little League 12 Year Old Softball All Star players are: Lauren Cannestro, Nicolette Conover, Charli Czaczkowski, Alexandra Dougherty, Emily Dubiago, Mackenzie Dwyer, Molly Hewitt, Ashleah Myers, Halie Rogers, Emily Sanberg, Jamie Leigh Sheeran, Bridget Sinclair and Ashleigh Tavaska, under Manager Steve Dubiago and Coaches John Czaczkowski, Steve Tavaska and Mike Dougherty. Therefore, I, Michael Reina, Mayor of the Township of Jackson, County of Ocean, State of New Jersey, do hereby congratulate the Holbrook Little League 12 Year Old Softball All Star team on its performance and extend best wishes to the team, the manager, the coaches, and the parents for a successful performance during the All Star competitions. 7:55 P.M. – 5 MINUTE RECESS COUNCILMAN BRESSI – Thanked everyone for coming out. He stated we should always be mindful of breast cancer awareness as it seems every family has been touched by it. Congrats to all the recipients of the proclamations and the coaches working with the youth to get them to do the best they possibly can. COUNCILMAN NIXON – It’s amazing to have this group of young men and women here today and they were champs before they took the field by all their passion. It makes us all very proud. Thank you for coming out. Jackson Township Council Meeting of October 13, 2015 Page 4 of 46 COUNCILWOMAN UPDEGRAVE – Thanked everyone for coming out. Congrats to all our teams. I thank Mayor Reina who recently had a Wounded Warrior event, which was a very good event. I would like to personally thank Bobbie Rivere who was our representative at the Susan G. Komen Race for the Cure on October 4th. COUNCIL VICE PRESIDENT MARTIN – Thank you for coming out. He echoed Councilwoman Updegrave comments. Thank you to Bobbie Rivere for representing our town; she also spearheaded a wonderful Westlake event, raising thousands of dollars for the organization. Watching the kids on ESPN was such a thrill! They all did such a great job. Thanks to all the parents and coaches for all their time that they put in. COUNCIL PRESIDENT CALOGERO – Great proclamations and great jobs to all the kids. Once again, the youth of Jackson represented us well, proving that hard work and dedication pays off. Referencing Resolution 328R-15, it’s a resolution to urge the passage of S-1741 and A-2429 supporting the death penalty for certain crimes. It would include the death penalty for murder if the victim was a law enforcement or correction officer and was murdered while performing official duties or because of the official status. Also, if the victim was less than 18 years old or if the murder occurred in a crime of terrorism. It is this Council President’s desire to ask for the full support of Council when asked to vote to send a message that Jackson Township urges the passage of S-1741 and A-2429. It is extremely important that we let the brave men and women know who protect us 24 hours per day that we support the most significant punishment possible for this heinous crime. God bless the souls of the families as they mourn the loss of the 29 Police Officers assassinated in the line of duty this year. I thank the Jackson Police Department for your bravery and professionalism to serve and protect and may God watch over and bless you. APPROVE EXECUTIVE SESSION MEETING MINUTES: SEPTEMBER 8, 2015 MOTION TO APPROVE BY: UPDEGRAVE SECONDED BY: NIXON YES: BRESSI, NIXON, UPDEGRAVE, MARTIN ABSTAIN: CALOGERO ORDINANCES, SECOND READING: ORDINANCE: 22-15 TITLE: ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 304 OF THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, ENTITLED “PARKS AND RECREATION FACILITIES” PUBLIC HEARING OPENED: NO ONE CAME FORWARD. MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE 22-15 BY: MARTIN MOTION SECONDED BY: NIXON YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO MOTION TO APPROVE ORDINANCE 22-15 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO ORDINANCE 22-15 WHEREAS, the Township Council of the Township of Jackson desires to establish by ordinance the rules and regulations for the Spray Park facility. Jackson Township Council Meeting of October 13, 2015 Page 5 of 46 NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: 1. There is hereby created a new Article VI in Chapter 304 of the Township Code, which shall be entitled “Rules and Regulations for the Spray Park Facility” and which shall read as follows: ARTICLE VI Rules and Regulations for the Spray Park Facility 304-42. Purpose. The purpose of the within ordinance is to establish rules and regulations for the Township’s spray park facility. 304-43. Rules and Regulations. 1. Spray Parks are intended for children 12 years of age and under. Children must have adult supervision at all times. 2. Bathing suits must be worn when in the spray park area. 3. Footwear (water shoes, not flip flops highly recommended) is recommended at all times for your safety and enjoyment. 4. Surfaces may be hot – please inspect the play area before starting play. 5. Avoid drinking the water. 6. Do not climb or hang on fixtures. 7. Do not place face, hands or objects near or on the spray feature openings. 8. Glass containers are strictly prohibited. 9. No running or rough play is permitted. 10. No spitting or nose blowing allowed on the spray pad. 11. Persons with skin, eye, ear, or respiratory infections are not allowed on the spray pad. 12. Persons with open lesions or wounds are not allowed on the spray pad. 13. Persons wearing diapers must wear a swim diaper. Regular disposable or cloth diapers are not allowed. 14. No water balloons, water guns, food, drinks, beach balls, pool noodles, etc. are allowed on the pad. 15. No skateboards, bicycles, scooters, rollerblades, or strollers are allowed. 16. No animals, except for service animals, or pets are allowed. 17. Please exit the Spray Park area when thunder and/or lightning are audible or visible. 18. Use the Spray Park at your own risk. 19. The Township of Jackson reserves the right to close the Spray Park and immediate area due to maintenance requirements, health and safety reasons, and inclement weather. 20. Do not enter or remain in the Spray Park area when the park is closed to the public. 21. Individuals and families welcome. No organized groups allowed. 22. Having fun is permissible and highly encouraged. 23. For emergencies call 911. 24. Report violations to the Department of Recreation at 732 -928-1260. 25. For other inquiries please call the Department of Recreation at 732-928-1260. 304-44. Signage. The Recreation Director will post signs containing Rules, Regulations and Scheduling of the facility outside the fenced-in area for public review. 304-45. Penalties. Jackson Township Council Meeting of October 13, 2015 Page 6 of 46 Any person violating the provisions of this ordinance may be subject to a fine not to exceed Three Hundred Dollars ($300.00) and/or community service up to thirty (30) days. 2. This ordinance shall be in full force and effect from and after the date of its adoption and any publication as required by law. 3. This ordinance shall supersede any prior inconsistent ordinances. Date: _______________ _______________________ MAYOR MICHAEL REINA NOTICE NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 8th day of September, 2015 and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 13th day of October, 2015, at 7:30 p.m., or as soon thereafter as this matter can be reached, in the main meeting room of the Municipal Building located on 95 West Veterans Highway in Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard. Prior to the second reading, a copy of this Ordinance shall be posted on the Bulletin Board in the Municipal Building and copies shall be made available at the Township Clerk’s Office in said Municipal Building to members of the general public who shall request such copies. _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK ORDINANCES, FIRST READING: ORDINANCE: 23-15 BOND ORDINANCE PROVIDING FOR THE PURCHASE OF A JET-VAC AND SWEEPER FOR THE DEPARTMENT OF PUBLIC WORKS, AND APPROPRIATING $1,075,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,075,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, NEW JERSEY MOTION TO APPROVE ORDINANCE 23-15 ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON OCTOBER 27, 2015, BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO ORDINANCE 23-15 BE IT ORDAINED by the TOWNSHIP COUNCIL OF THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS: Section 1. The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Township of Jackson, in the County of Ocean, New Jersey (the “Township”). For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $1,075,000, said sum being inclusive of all appropriations heretofore made therefor. This bond ordinance authorizes a project intended to be funded through the New Jersey Environmental Infrastructure Trust Financing Program. Accordingly, no down payment is required or appropriated herein. Jackson Township Council Meeting of October 13, 2015 Page 7 of 46 Section 2. In order to finance the costs of said improvements or purposes not provided for by the application of a down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $1,075,000, pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3 a. The improvements hereby authorized and the purposes for which the obligations are to be issued consist of the purchase of a jet-vac and sweeper for the Department of Public Works, together with all work and materials necessary therefor or incidental thereto, as more fully described in plans and specifications on file with the Township Clerk, as finally approved by the governing body of the Township. b. The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $1,075,000, as stated in Section 2 hereof. c. The estimated cost of the improvements or purposes described in Section 3(a) hereof is $1,075,000, which is equal to the amount of the appropriation herein made therefor. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Township, provided that no note shall mature later than one (1) year from its date. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser. Section 5. The following additional matters are hereby determined, declared, recited and stated: a. The improvements or purposes described in Section 3 of this bond ordinance are not a current expense and are improvements or purposes that the Township may lawfully undertake as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. b. The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is twenty (20) years. c. The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Township Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such Statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $1,075,000 and the obligations authorized herein will be within all debt limitations prescribed by that Law. d. An aggregate amount not exceeding $100,000 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements. Jackson Township Council Meeting of October 13, 2015 Page 8 of 46 e. To the extent that moneys of the Township are used to finance, on an interim basis, costs of said improvements or purposes, the Township reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto. Section 6. The capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Township Clerk and is available there for public inspection. Section 7. Any grant or similar moneys from time to time received by the Township for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements within the appropriation herein authorized or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used. Section 8. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and, unless paid from other sources, the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the obligations and the interest thereon without limitation as to rate or amount. Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law. Date: _______________ ________________________ MAYOR MICHAEL REINA NOTICE NOTICE IS HEREBY GIVEN that the foregoing bond ordinance was introduced and passed on first reading at a regular meeting of the Township Council of the Township of Jackson, in the County of Ocean, State of New Jersey, held on October 13, 2015 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 27th day of October, 2015, at 7:30 p.m., or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building located at 95 W. Veterans Highway, Jackson, New Jersey, at which time all persons interested shall be given an opportunity to be heard concerning this ordinance. _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK ORDINANCES, FIRST READING: ORDINANCE: 24-15 TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AUTHORIZING THE ACQUISITION OF BLOCK 18801, LOT 12 FROM DORIS JANE MILLER, IN ACCORDANCE WITH N.J.S.A. 40A:12-5(a)(1) MOTION TO APPROVE ORDINANCE 24-15 ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON OCTOBER 27, 2015 BY: BRESSI MOTION SECONDED BY: UPDEGRAVE YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO Jackson Township Council Meeting of October 13, 2015 Page 9 of 46 ORDINANCE 24-15 WHEREAS, Doris Jane Miller, is the assessed owner of Block 18801, Lot 12 in the Township of Jackson; and WHEREAS, Doris Jane Miller, wishes to donate the subject property to the Township of Jackson; and NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: SECTION 1. That the governing body does hereby authorize the acquisition of Block 18801, Lot 12 from Doris Jane Miller. This property is being acquired by the Township of Jackson pursuant to N.J.S.A. 40A:12-5(a)(1) as a gift from Doris Jane Miller. SECTION 2. That the Mayor and Municipal Clerk are hereby authorized to execute any and all documents necessary for the acquisition of the subject property from Israel Plasner. SECTION 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereof. SECTION 5. This ordinance shall take effect after second reading and publication as required by law. Date: ________________ _____________________________ MAYOR MICHAEL REINA NOTICE NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed on first reading at a regular meeting of the Township Council of the Township of Jackson, in the County of Ocean, State of New Jersey, held on October 13, 2015, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 27th day of October, 2015, at 7:30pm, or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building located at 95 W. Veterans Highway, Jackson, New Jersey, at which time all persons interested shall be given an opportunity to be heard concerning this ordinance. _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK ORDINANCES, FIRST READING: ORDINANCE: 25-15 TITLE: ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER 244 OF THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, ENTITLED “LAND USE AND DEVELOPMENT REGULATIONS” Attorney Cipriani added an amendment prior to Council voting revising Section 1. (a) to read “not to exceed 21 days” for enforceability. Jackson Township Council Meeting of October 13, 2015 Page 10 of 46 MOTION TO APPROVE ORDINANCE 25-15 ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON OCTOBER 27, 2015 BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO ORDINANCE 25-15 BE IT ORDAINED, by the governing body of the Township of Jackson, County of Ocean, State of New Jersey, as follows: SECTION I. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 244, entitled, “Land Use and Development Regulations,” so as to amend Section 244-207 entitled “Signs,” to amend section (A)(21)(a) to read as follows: (a) Businesses and community groups may place nonpermanent displays, which consist of signs, banners, posters, flags, pennants, or ribbons that advertise a specific event and/or sale for a limited period of time not to exceed twenty-one (21) days. SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 4. This ordinance shall take effect after second reading and publication as required by law. Date: __________________ _________________________ Mayor Michael Reina NOTICE NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 13th day of October, 2015, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 27th day of October, 2015 at 7:30 p.m. or as soon thereafter as this matter can be reached at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard. _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK Jackson Township Council Meeting of October 13, 2015 Page 11 of 46 PUBLIC COMMENT OPENED, RESOLUTIONS ONLY NO ONE CAME FORWARD. MOTION TO CLOSE PUBLIC COMMENT, RESOLUTIONS ONLY BY: NIXON MOTION SECONDED BY: BRESSI YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO RESOLUTION 328R-15 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY URGING PASSAGE OF SENATE BILL 1741 AND ASSEMBLY BILL 2429 SUPPORTING IMPLEMENTATION OF THE DEATH PENALTY FOR CERTAIN CRIMES Councilman Nixon added when in Washington, D.C. find the National Law Enforcement Officers Memorial to look at the thousands of officer’s names killed in the line of duty. When someone knowingly assassinates a Police Officer, they will stop at nothing to kill anyone else in society. You can’t question the heinousness of that crime. I believe it was a mistake that we abolished the death penalty for law enforcement officers and I hope the legislature takes us up on our request and I vote yes. Council President Calogero stated blue lives matter and I vote yes. MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, there is pending legislation, specifically, Senate Bill No. 1741 and Assembly Bill 2429, which are acts that restore the death penalty for certain crimes, amending and supplementing various parts of the New Jersey statutory law; and WHEREAS, these bills would include the death penalty as an available punishment for the crime of murder, if the victim was a law enforcement or corrections officer and was murdered while performing his official duties, or because of his or her officer status, the victim was less than 18 years old, or the murder occurred during the commission of the crime of terrorism; and WHEREAS, the most heinous and callous acts should be intolerable and a jury should have capital punishment at its disposal to punish those who have total disregard for those who protect the public; and WHEREAS, it is the desire of the Township of Jackson to urge passage of S-1741 and A-2429 to reenact the death penalty as an available punishment for certain crimes, including the murder of a law enforcement or corrections officer while performing his official duties, or because of his or her officer status. It is important to let the brave men and women know that we stand behind them and support the most significant punishment possible. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: 1. That the New Jersey State Legislature is urged to pass pending bills S-1741 and A-2429 to reenact the death penalty as an available punishment for certain crimes, including the murder of a law enforcement or corrections officer, while performing his official duties, or because of his or her officer status, the victim was less than 18 years old, or the murder occurred during the commission of the crime of terrorism. 2. That a certified copy of this resolution be sent to Senator Christopher Smith, and Senate Members James Holzapfel and David Wolfe and Governor Christopher Christie. `= _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK Jackson Township Council Meeting of October 13, 2015 Page 12 of 46 RESOLUTION 329R-15 TITLE: AUTHORIZE PLACE-TO-PLACE TRANSFER OF PLENARY RETAIL ALCOHOLIC BEVERAGE DISTRIBUTION LICENSE NO. 1511-44-022-001 FOR TARANTINO COMPANIES INC. t/a PLAZA WINES & LIQUORS MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: NIXON YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, application has been made by Tarantino Companies Inc., 260 North County Line Road, as holder of Plenary Retail Alcoholic Beverage Distribution License No. 1511-44-022-001 for a place-to-place transfer for the purpose of expanding the premises under license wherein the sale, service and storage of alcoholic beverages are authorized; and WHEREAS, the submitted application form is complete in all respects, the required transfer fees to both the Division of Alcoholic Beverage Control and the Township of Jackson have been paid, and the license has been properly renewed for the current license term; and WHEREAS, the Jackson Township Police Department conducted the required investigations and confirmed that nothing was revealed that would prohibit the expansion of said premises; and WHEREAS, the applicant is qualified to be licensed according to all rules and regulations established by Title 33 of the New Jersey Statutes, regulations promulgated hereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and WHEREAS, a Notice of Transfer in compliance with N.J.A.C. 13:2-7.4 has been published in the Asbury Park Press, a newspaper published and circulated in the Township on September 28, 2015 and October 5, 2015; and WHEREAS, the applicant has submitted proof of publication in connection with this transfer; and WHEREAS, the Municipal Clerk has not received any objection to the proposed place-to-place transfer pursuant to N.J.A.C. 13:2-7.5; and WHEREAS, it is the desire of this Governing Body to authorize the transfer of said Plenary Retail Alcoholic Beverage Distribution License. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: 1. That the Township Council of Jackson Township hereby formally authorizes the place-to-place transfer expanding the premises of Plenary Retail Alcoholic Beverage Distribution License No. 1511-44-022-001 presently held by Tarantino Companies, Inc. t/a Plaza Wines & Liquors. 2. The Jackson Township Council does hereby approve, effective October 13, 2015, the expansion of the aforesaid Plenary Retail Distribution Licensed premises located at 260 North County Line Road to place under license the area delineated in the application form and the sketch of the licensed premises attached thereto. 3. That upon the adoption of this resolution, the Clerk is authorized and directed to forward a certified copy of it to the Director of the Division of Alcoholic Beverage Control, the applicant and the Chief of Police. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK Jackson Township Council Meeting of October 13, 2015 Page 13 of 46 RESOLUTION 330R-15 TITLE: AUTHORIZE THE RENEWAL OF HAPPY TIME CAFE, INC. PLENARY RETAIL ALCOHOLIC BEVERAGE CONSUMPTION LICENSE #1511-033-021002 CURRENTLY BEING HELD IN “INACTIVE STATUS” FOR THE LICENSING PERIOD JULY 1, 2015 THROUGH JUNE 30, 2016 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, Happy Time Cafe, Inc. has filed a renewal application for the fiscal year July 1, 2015 through June 30, 2016 for Plenary Alcoholic Beverage Consumption License No. 1511-33-021-002 currently being held in “inactive status”; and WHEREAS, said licensee has complied with State law and local ordinances, has received a Special Ruling from the State of New Jersey, Office of the Attorney General, Department of Law and Public Safety, Division of Alcoholic Beverage Control dated August 27, 2015. Licensee has submitted the proper license fee and application and it is now the desire of this governing body to grant the renewal of said license; and WHEREAS, the Township Attorney has reviewed said license renewal application and has approved same. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows: 1. That Plenary Retail Alcoholic Beverage Consumption License No. 1511-33-021-002 held in “inactive status” by Happy Time Cafe, Inc., 10 South New Prospect Road, Jackson, New Jersey 08527 be and is hereby renewed for the licensing period from July 1, 2015 through June 30, 2016. 2. That the license fee in the amount of $2,000.00 has been paid to the Township for said licensing period. 3. That upon the adoption of this resolution, the Clerk is directed to forward a certified copy of it to the applicant, the appropriate Township Officials, New Jersey Division of Alcoholic Beverage Control and other interested parties. 4. This resolution shall be effective Nun Pro Tunc to July 1, 2015. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 331R-15 TITLE: AUTHORIZE THE RENEWAL OF PLENARY RETAIL ALCOHOLIC BEVERAGE CONSUMPTION LICENSE #1511-033-024-003 HELD “IN POCKET STATUS” BY IRA PORT FOR THE LICENSING PERIOD COMMENCING JULY 1, 2015 THROUGH JUNE 30, 2016 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: NIXON YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, licensee, Ira Port, has filed a renewal application for the fiscal year July 1, 2015 through June 30, 2016 for Plenary Alcoholic Beverage Consumption License No. 1511-33-024-003 being held “in-pocket” status; and WHEREAS, said licensee has complied with State law and local ordinances and has received a Special Ruling from the State of New Jersey Department of Law and Public Safety Division of Alcoholic Beverage Control dated September 11, 2015, pursuant to N.J.S.A. 33:1-12.39; and Jackson Township Council Meeting of October 13, 2015 Page 14 of 46 WHEREAS, said licensee has submitted the proper license fee and application and it is now the desire of this governing body to grant the renewal of said license. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows: 1. That Plenary Retail Alcoholic Beverage Consumption License No. 1511-33024-003 held “in pocket” status by Ira Port, 147 Larchwood Avenue, Oakhurst, New Jersey 07755 be and is hereby renewed for the licensing term July 1, 2015 through June 30, 2016. 2. Pursuant to N.J.S.A. 33:1-12.39, a Special Ruling has been issued by the State of New Jersey, Department of Law and Public Safety, Division of Alcoholic Beverage Control for renewal terms covering the 2015-2016 and 2016-2017 licensing periods. The Township Council hereby imposes a special condition on this renewal and subsequent renewals up through June 30, 2017 that no further renewals of this license shall be granted unless the license is being actively used at an approved site on or before June 30, 2017, except if good cause for reconsideration is shown. 3. That the license fee in the amount of $2,000.00 has been paid to the Township for said licensing period. 4. That upon the adoption of this resolution, the Clerk is directed to forward a certified copy of it to the applicant, the appropriate Township Officials, New Jersey Division of Alcoholic Beverage Control and other interested parties. 5. This resolution shall be effective Nun Pro Tunc to July 1, 2015. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 332R-15 TITLE: AUTHORIZE PERSON-TO-PERSON TRANSFER OF CLUB LICENSE NO. 1511-31-010-001 FROM KNIGHTS OF COLUMBUS COUNCIL #6201 REV. MITCHELL J. CETKOWSKI TO HOWELL-JACKSON COLUMBIAN CLUB MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: NIXON YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, application has been made by Howell-Jackson Columbian Club as transferee of Club License No. 1511-31-010-001 for a person to person transfer from Knights of Columbus Council #6201 Rev. Mitchell J. Cetkowski on the premises located at 401 Bartley Road, Jackson, New Jersey; and WHEREAS, written consent to such transfer signed by the present holder of the license has been made and filed with the Township Clerk and the applicant has paid all necessary transfer fees to the Township; and WHEREAS, the applicant has submitted proof of publication as required by the rules and regulations of the Division of Alcoholic Beverage Control; and WHEREAS, the Notification of Sale, Transfer, or Assignment in Bulk form was submitted to the State of New Jersey Division of Taxation and is on file in the Municipal Clerk’s office. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: 1. That the Township Council of Jackson Township hereby formally authorizes the transfer of Club License No. 1511-31-010-001 presently held by Knights of Columbus Council #6201 Rev. Mitchell J. Cetkowski to Howell-Jackson Columbian Club for the premises located at 401 Bartley Road, Jackson, New Jersey. Jackson Township Council Meeting of October 13, 2015 Page 15 of 46 2. This resolution shall become effective upon the presentation of the Club License to the Township Clerk for formal transfer. 3. That upon the adoption of this resolution, the Clerk is authorized and directed to forward a certified copy of it to the Director of the Division of Alcoholic Beverage Control. 4. Transfer is authorized with approval from the Police Director that everything is cleared. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 334R-15 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO HOPE CATHEDRAL OF THE PERFORMANCE BOND ISSUED FOR BLOCK 12004, LOT 60 MOTION TO APPROVE BY: NIXON MOTION SECONDED BY: BRESSI YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, Hope Cathedral has requested the release of their Performance Bond for Block 12004, Lot 60, Jackson Township; and WHEREAS, The Performance Guarantee consists of $150,579.00 in the form of a Performance Bond #S13389 issued by First Indemnity of America Insurance Company and a Cash Bond in the amount of $16,731.00; and WHEREAS, Patrick Jeffery of T&M Associates, Township Engineer, has reviewed and approved the release of said Performance Bond in letter report dated September 1, 2015, which letter report is made a part hereof; and WHEREAS, the Township Council of the Township of Jackson has considered the application and the report of the Engineer; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance Bond #S13389 in the amount of $150,579.00 and Cash Bond in the amount of $16,731.00, heretofore posted with the Township may and hereby is released on the condition that the applicant: 1. Post a Maintenance Bond with the Township in the amount of $20,913.75, subject to the review and approval of the Township Attorney. Said Maintenance Bond shall run for a period of two (2) years and; 2. This resolution of release is further contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township ordinance for the release of said Maintenance Guarantees. Copies of this resolution to Administration, Finance, Applicant/Developer and Township Engineer. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution. DATED: 10-13-15 _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK Jackson Township Council Meeting of October 13, 2015 Page 16 of 46 RESOLUTION 335R-15 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO LGG, INC. OF THE PERFORMANCE BOND ISSUED FOR BLOCK 11801, LOT 68.01 MOTION TO APPROVE BY: NIXON MOTION SECONDED BY: BRESSI YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, LGG, Inc. has requested the release of their Performance Bond for Block 11801, Lot 68.01, Jackson Township; and WHEREAS, The Performance Guarantee consists of $187,000 in the form of a Performance Bond #76099258 issued by The Guarantee Company of North America USA and a Cash Bond in the amount of $20,314.98; and WHEREAS, Patrick Jeffery of T&M Associates, Township Engineer, has reviewed and approved the release of said Performance Bond in letter report dated September 8, 2015, which letter report is made a part hereof; and WHEREAS, the Township Council of the Township of Jackson has considered the application and the report of the Engineer; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance Bond #76099258 in the amount of $187,000 and Cash Bond in the amount of $20,314.98, heretofore posted with the Township may and hereby is released on the condition that the applicant: 1. Post a Maintenance Bond with the Township in the amount of $51,381.23, subject to the review and approval of the Township Attorney. Said Maintenance Bond shall run for a period of two (2) years and; 2. This resolution of release is further contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township ordinance for the release of said Maintenance Guarantees. Copies of this resolution to Administration, Finance, Applicant/Developer and Township Engineer. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 337R-15 TITLE: AUTHORIZE THE EXECUTION OF A CONTRACT AWARD BETWEEN THE TOWNSHIP OF JACKSON AND C.J. HESSE FOR CY 2015 ROAD IMPROVEMENTS (VARIOUS ROADWAYS) FOR A TOTAL CONTRACT PRICE IN THE $1,991,954.00 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: UPDEGRAVE YES: BRESSI, UPDEGRAVE, MARTIN, CALOGERO ABSTAIN: NIXON WHEREAS, the Township Engineer, Daniel Burke, P.E., has requested authorization to award a contract for CY 2015 Road Improvements (various roadways); and Jackson Township Council Meeting of October 13, 2015 Page 17 of 46 WHEREAS, Jackson Township previously advertised for the receipt of bids on September 30, 2015 at 10:00 a.m. for this work; and WHEREAS, the following bids were submitted for this proposed work: Bidder 1. 2. 3. 4. C.J. Hesse Meco, Inc. Earle Asphalt Stavola Bid $1,991,954.00 $2,188,590.00 $2,192,613.13 $2,414,000.00 and; WHEREAS, pursuant to N.J.S.A. 40A:11-6.1, any purchases, contracts or agreements which require public advertisement for bids shall be awarded to the lowest responsible bidder; and WHEREAS, the Township Engineer, Daniel Burke, P.E., has determined that C.J. Hesse submitted the lowest responsible bid; and WHEREAS, the Township Engineer, Daniel Burke, P.E., is recommending the bid for CY 2015 Road Improvements (various roadways) be awarded to C.J. Hesse; and WHEREAS, the Chief Financial Officer has certified that sufficient funding exists for this purpose; and WHEREAS, it is now it is the desire of this Township Council to act upon the recommendation of the Township Engineer, Daniel Burke, P.E. NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Jackson, County of Ocean and State of New Jersey, that: 1. The Township Engineer, Daniel Burke, P.E., is hereby authorized to award a contract for CY 2015 Road Improvements (various roadways) to C.J. Hesse in the amount of $1,991,954.00. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution. 2. Copies of this resolution to C.J. Hesse, Township Administrator, Township Engineer, Daniel Burke, Chief Financial Officer, Purchasing Department and any other interested parties. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 347R-15 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY MAKING APPLICATION TO THE LOCAL FINANCE BOARD FOR THE DISSOLUTION OF THE JACKSON TOWNSHIP FIRE DISTRICT NO. 1 PURSUANT TO N.J.S.A. 40A:14-91 MOTION TO APPROVE BY: NIXON MOTION SECONDED BY: BRESSI YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, the Jackson Township Council desires to make application to the Local Finance Board for its review and/or approval of a proposed application authorizing the dissolution of Fire District No. 1. WHEREAS, the Jackson Township Council believes: (a) It is the in the public interest to accomplish such purpose; Jackson Township Council Meeting of October 13, 2015 Page 18 of 46 (b) The purpose of dissolving Fire District No. 1 and absolving all responsibilities into Fire District No. 2 is in the benefit of the health, welfare, convenience, or betterment of the inhabitants of the local unit or units; (c) The amounts to be expended for dissolving Fire District No. 1 are not unreasonable or exorbitant; (d) The proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon Fire District No. 2. NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Township of Jackson, County of Ocean, State of New Jersey as follows: 1. The application to the Local Finance Board is hereby approved, and the Township of Jackson’s Counsel and financial advisor, along with other representatives of the Township of Jackson, are hereby authorized to prepare such application and to represent the Township of Jackson in matters pertaining thereto. 2. The Township Clerk of the Township of Jackson is hereby directed to prepare and file a copy of the proposed application for dissolution of Fire District No. 1 with the Local Finance Board as part of such application. 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the application New Jersey Statute. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK BILLS AND CLAIMS: MOTION TO APPROVE BILLS AND CLAIMS BY: MARTIN MOTION SECONDED BY: BRESSI YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO ABSTAIN: NIXON (OCEAN COUNTY BOARD OF HEALTH), UPDEGRAVE (WINDING WAYS), MARTIN (BELLU MEMOLI, LLC) CHECK# VENDOR AMOUNT Jackson Township Council Meeting of October 13, 2015 Page 19 of 46 Jackson Township Council Meeting of October 13, 2015 Page 20 of 46 Jackson Township Council Meeting of October 13, 2015 Page 21 of 46 Jackson Township Council Meeting of October 13, 2015 Page 22 of 46 Jackson Township Council Meeting of October 13, 2015 Page 23 of 46 Jackson Township Council Meeting of October 13, 2015 Page 24 of 46 Jackson Township Council Meeting of October 13, 2015 Page 25 of 46 Jackson Township Council Meeting of October 13, 2015 Page 26 of 46 Jackson Township Council Meeting of October 13, 2015 Page 27 of 46 Jackson Township Council Meeting of October 13, 2015 Page 28 of 46 Jackson Township Council Meeting of October 13, 2015 Page 29 of 46 Jackson Township Council Meeting of October 13, 2015 Page 30 of 46 Jackson Township Council Meeting of October 13, 2015 Page 31 of 46 Jackson Township Council Meeting of October 13, 2015 Page 32 of 46 CONSENT AGENDA, ONE VOTE FOR ALL OF THE FOLLOWING RESOLUTIONS: RESOLUTION 320R-15 TITLE: AUTHORIZE TAX OVERPAYMENT REFUNDS MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, it has been determined by the Township Tax Collector that the taxpayers as indicated on the attached Schedule “A” are entitled to overpayment refunds, and; WHEREAS, it is the desire of the Township Council to have these overpayments returned to the respective taxpayers; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, that: Jackson Township Council Meeting of October 13, 2015 Page 33 of 46 1. The Tax Collector is hereby authorized to make overpayment refunds in the amount shown and to the taxpayers, as appears on Schedule “A” which made apart hereof. 2. Copies of this Resolution to the Tax Collector. TOWNSHIP OF JACKSON OVERPAYMENT REFUNDS RESOLUTION 320R-15 OCTOBER 13, 2015 BLOCK LOT 14702 55 7109 NAME YEAR-QTR AMOUNT Capone, Gaetano & Vera 2014 – 1st 2014 – 2nd 2014 – 3rd 2014 – 4th 2015 – 1st 2015 – 2nd 2015 – 3rd $ 321.24 1,694.32 1,786.08 1,786.07 1,740.20 1,740.20 1,585.12 16 Lereta, LLC 2015 – 3rd 1,356.04 11901 8.19 Lereta, LLC 2015 – 3rd 955.89 501 24 Corelogic Real Estate Tax Services 2015 – 3rd 2015 – 3rd 1,431.33 1,431.33 801 19 Corelogic Real Estate Tax Services 2015 – 3rd 2,238.23 2101 27 Corelogic Real Estate Tax Services 2015 – 3rd 2,134.24 3701 117 Corelogic Real Estate Tax Services 2015 – 3rd 2,156.44 4304 12 Corelogic Real Estate Tax Services 2015 – 3rd 611.07 5101 45 Corelogic Real Estate Tax Services 2015 – 3rd 30.02 Total: DATED: 10-13-15 $21,566.49 _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK RESOLUTION 321R-15 TITLE: APPROVE CHIEF FINANCIAL OFFICER’S REPORT FOR MONTH OF AUGUST 2015 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, the Chief Financial Officer has submitted monthly reports; and WHEREAS, the Township Clerk has submitted the reports to the Township Council for their approval. Jackson Township Council Meeting of October 13, 2015 Page 34 of 46 NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows: 1. The Chief Financial Officer’s monthly report for August 2015 is hereby approved. 2. Copies of this Resolution to Treasurer, Administrator, Township Attorney, and any other interested parties. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 322R-15 TITLE: APPROVE JACKSON TOWNSHIP COUNCIL MEETING MINUTES OF AUGUST 25, 2015 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, official Minutes of Jackson Township Council meetings have been prepared; and WHEREAS, the Township Clerk has reviewed these Minutes and has submitted them to the Town Council for their approval; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Township of Jackson, County of Ocean, that; 1. The following Minutes are hereby approved by the Jackson Township Council: AUGUST 25, 2015 2. Copies of this resolution to any interested parties. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 323R-15 TITLE: APPROVE JACKSON TOWNSHIP COUNCIL MEETING MINUTES OF SEPTEMBER 8, 2015 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN ABSTAIN: CALOGERO WHEREAS, official Minutes of Jackson Township Council meetings have been prepared; and WHEREAS, the Township Clerk has reviewed these Minutes and has submitted them to the Town Council for their approval; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Township of Jackson, County of Ocean, that; 1. The following Minutes are hereby approved by the Jackson Township Council: SEPTEMBER 8, 2015 2. Copies of this resolution to any interested parties. Jackson Township Council Meeting of October 13, 2015 DATED: 10-13-15 Page 35 of 46 _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK RESOLUTION 324R-15 TITLE: AUTHORIZE THE PURCHASE OF VARIOUS PUBLIC SAFETY EQUIPMENT FOR NEWLY APPOINTED POLICE OFFICERS MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, the Department of Public Safety has submitted requisitions for the purchase of various Public Safety equipment due to the appointment of additional Police Officers; and WHEREAS, the Purchasing Department has solicited and obtained written quotes from various vendors for these items; and WHEREAS, while there is considerable savings to the Township in purchasing these items from Witmer, to do so would cause the contract amount to exceed $17,500.00 within a consecutive 12-month period; and WHEREAS, pursuant to N.J.S.A. 19:44A-20.4 et. seq., Witmer has completed and submitted a Business Entity Disclosure Certification which certifies that Witmer has not made any reportable contributions to a political or candidate committee in the Township of Jackson in the previous one year, and that the contract prohibits Witmer from making any reportable contributions through the term of the contract. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: 1. That the Township Council does hereby authorize the purchase of various Public Safety equipment for newly appointed Police Officers from Witmer with a properly executed purchase order. 2. That a copy of this resolution shall be forwarded to the Municipal Administrator, Director of Public Safety, Purchasing Department and any other interested parties. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 325R-15 TITLE: AUTHORIZE EXECUTION OF A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND THE COUNTY OF OCEAN FOR POLICE SERVICES DRIVING WHILE INTOXICATED ENFORCEMENT PROGRAM FY 2015/2016 (D.W.I.E.P.) MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, the Driving While Intoxicated Enforcement Program (D.W.I.E.P.) is a traffic safety program run by the Ocean County Prosecutor’s Office for the purpose of identifying and removing intoxicated drivers from the roadways; and WHEREAS, the D.W.I.E.P. receives funding from the State of New Jersey and the County of Ocean; and Jackson Township Council Meeting of October 13, 2015 Page 36 of 46 WHEREAS, the Prosecutor’s Office and Jackson Township have determined it to be in their mutual interest for the Township of Jackson to designate certain police officers to be assigned to D.W.I.E.P.; and WHEREAS, the Prosecutor’s Office and the Township of Jackson have determined it to be in their mutual interest for Jackson Township to designate certain officers to be assigned to D.W.I.E.P.; and WHEREAS, the Shared Services Act, N.J.S.A. 40:8A-1 et seq., authorizes local units as defined in the Act to enter into joint agreement for the provision of governmental services; and WHEREAS, the Township of Jackson wishes to enter into an Agreement with the County of Ocean for the purpose of setting forth the terms and conditions regarding the assignment of police officers employed by the Township of Jackson to the D.W.I.E.P. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows: 1. The Mayor is authorized to execute and the Clerk to attest to the Shared Services Agreement entitled Driving While Intoxicated Enforcement Program for FY 2015/2016. 2. A copy of said Agreement will be kept on file within the Office of the County Clerk of the Board and the Township Clerk’s Office. 3. Jackson Township will provide department in-service training of those officers assigned to the D.W.I.E.P. and will be responsible for conducting weapons qualifications for those officers. 4. The hourly rate paid to the officers is fifty five dollars ($55.00)/per hour. 5. The term of said agreement shall be retroactive from October 1, 2015 and shall continue in full force until September 30, 2016. 6. Certified copies of this resolution shall be forwarded to the Office of the Prosecutor/County of Ocean, Municipal Administrator, CFO, Chief of Police, Purchasing Agent, Personnel Department and any other interested parties. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 326R-15 TITLE: AUTHORIZE EXECUTION OF A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND THE OCEAN COUNTY PROSECUTOR’S OFFICE FOR A DRUG RECOGNITION EXPERT CALLOUT PROGRAM FY 2015/2016 (D.R.E.C.P.) MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, Ocean County ranked as one of the top five (5) counties in the state for motor vehicle fatalities with a high rate of DWI related crashed involving the use of illegal drugs and over-prescribed drugs; and WHEREAS, the Drug Recognition Expert Callout Program (hereinafter referred to as D.R.E.C.P.) is geared to train officers and make them aware that there are trained officers who can not only process the individual but follow through with the case and testify in court; and Jackson Township Council Meeting of October 13, 2015 Page 37 of 46 WHEREAS, the Ocean County Prosecutor’s Office will utilize this D.R.E.C.P. to assist with identifying and removing intoxicated drivers from the roadways thus reducing traffic fatalities in Ocean County; and WHEREAS, the program will utilize qualified D.R.E.C.P. personnel from the Jackson Township Police Department on a callout basis and support at DWI checkpoints. WHEREAS, the D.R.E.C.P. receives funding from the State of New Jersey and the County of Ocean; and WHEREAS, the Prosecutor’s Office and Jackson Township have determined it to be in their mutual interest for the Township of Jackson to designate certain police officers to be assigned to the D.R.E.C.P.; and WHEREAS, the Shared Services Act, N.J.S.A. 40A:65-1 et. seq. authorizes local units as defined in the Act to enter into joint agreement for the provision of governmental services; and WHEREAS, the Township of Jackson wishes to enter into an Agreement with the County of Ocean for the purpose of setting forth the terms and conditions regarding the assignment of police officers employed of the Jackson Township Police Department to the D.R.E.C.P. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows: 1. The Mayor is authorized to execute and the Clerk to attest to the Shared Services Agreement entitled Drug Recognition Expert Callout Program. 2. A copy of said Agreement will be kept on file within the Office of the County Clerk of the Board and the Township Clerk’s Office. 3. Jackson Township will provide department in-service training of those officers assigned to the Prosecutor’s Program and will be responsible for conducting weapons qualifications for those officers assigned to the D.R.E.C.P. 4. The hourly rate paid to the officers is fifty five dollars ($55.00)/per hour. 5. The term of said agreement shall be retroactive from October 1, 2015 and shall continue in full force until September 30, 2016. 6. Certified copies of this resolution shall be forwarded to the Office of the Prosecutor/County of Ocean, Municipal Administrator, CFO, Chief of Police, Purchasing Department, Personnel Department and any other interested parties. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 327R-15 TITLE: APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2016 MUNICIPAL AID PROGRAM FOR IMPROVEMENTS TO MARGINAL ROAD, McCURDY LANE, WOODLANE DRIVE, A PORTION OF GRAWTOWN ROAD AND CYPRESS AVENUE MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, Daniel Burke, P.E., P.P., Township Engineer, is seeking authorization to apply for and obtain a grant from the New Jersey Department of Transportation for fiscal Jackson Township Council Meeting of October 13, 2015 Page 38 of 46 year 2016 Municipal Aid Program for improvements to Marginal Road, McCurdy Lane, Woodlane Drive, a portion of Grawtown Road and Cypress Avenue; and NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Jackson, formally approves the grant application for the above stated project. BE IT FURTHER RESOLVED, that the Township Engineer, Daniel J. Burke, P.E., P.P. and the Township Clerk are hereby authorized to submit an electronic grant application identified as Application No. MA-2016-Improvements to Marginal Road, McCurdy Lane, Woodlane Drive, a portion of Grawtown Road and Cypress Avenue to the New Jersey Department of Transportation on behalf of the Township of Jackson. BE IT FURTHER RESOLVED, that the Township Engineer, Daniel J. Burke, P.E., P.P. and the Township Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Jackson and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK I, Ann Marie Eden, Municipal Clerk of the Township of Jackson in the County of Ocean, hereby certify that the above is a true copy of a Resolution adopted by the Township Council on the __________ day of _________________________ 2015. My signature and the Clerk’s seal serve to acknowledge the above resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement, as authorized by the resolution above. ATTEST AND AFFIX SEAL ______________________ Ann Marie Eden, RMC Township Clerk ____________________ Daniel Burke, P.E., P.P. Township Engineer RESOLUTION 333R-15 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RENEWAL OF JUNK YARD LICENSE FOR CY 2015 TO UNIQUE AUTO, BLOCK 902, LOT 8, 9 & 10 (470 CHANDLER ROAD) MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, Unique Auto Junk Yard has submitted an application for the renewal of a junk yard license; and WHEREAS, Unique Auto has paid the requisite renewal fee, has notified all property owners within 200’ feet of the premises to be licensed and has complied with all necessary requirements for renewal pursuant of Chapter 239 of the Administrative Code of the Township of Jackson; and WHEREAS, each of the necessary municipal departments and agencies has recommended the approval of the license renewal; NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Jackson, County of Ocean and State of New Jersey, as follows: 1. The junk yard license issued to Unique Auto is hereby renewed for CY 2015 2. Said license issued for CY 2015 is for the period commencing January 1, 2015 and terminating on December 31, 2015. 3. Said license is issued subject to the applicant’s continued compliance with conditions and requirements as follows: Jackson Township Council Meeting of October 13, 2015 Page 39 of 46 a. Payment of all outstanding fees and taxes. b. The applicant obtaining all other local, County and State permits. 4. That upon the adoption of this resolution, the Clerk authorized and directed to forward a certified copy of it along with the required license certificate to Unique Auto, Block 902, Lot 8, 9 & 10 (470 Chandler Road). _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 336R-15 TITLE: APPROVE BINGO/RAFFLE LICENSE MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, certain organizations have applied to the Jackson Township Council for permission to hold Raffle or Bingo Games within the Township for fund raising: NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, that: 1. The following application(s) are hereby approved: #RA-1669 – (Amended) Clean Water Fund Inc. #RA-1670 – (Amended) Clean Water Fund Inc. #RA-1686 – (Amended) Jackson Memorial Band Parents #RA-1687 – (Amended) Jackson Memorial Band Parents #RA-1688 – Jackson Liberty Band Parents and Student Assoc. Inc. #RA-1689 – Switlik Parent Teacher Network Inc. 2. Copies of the Resolution to interested parties. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 338R-15 TITLE: AMENDING RESOLUTION, AUTHORIZING AN AMENDMENT TO THE 2015 BUDGET TO ALLOW FOR THE CHANGE IN TEXT OR TITLE PURSUANT TO N.J.S.A. 40A: 4-85 - MATCHING GRANT PORTION OF FY 2016 RECREATIONAL OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES GRANT (7/1/2015 – 6/30/2016) MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, N.J.S.A. 40A: 4-85 provides that the Director of the Division of Local Government Services may, at the request of the governing body make such amendment of the title, text or amount of any appropriation appearing in the budgets as may be necessary to make said item of appropriation available for the purpose required for the needs of any such municipality; and WHEREAS, N.J.S.A. 40A: 4-85 further provides that the Director may approve the change in title, text or amount of any appropriation; and WHEREAS, the Township of Jackson has been approved for additional funds from the State of New Jersey, Department of Community Affairs which requires a cash match of $3,000.; and. Jackson Township Council Meeting of October 13, 2015 Page 40 of 46 WHEREAS, the Mayor and Township Council of the Township of Jackson, desires to amend their 2015 budget to reflect a change in title, text and amount. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: 1. That the Mayor and Township Council do hereby request the Director of the Division of Local Government Services, to make the following amendment in the 2015 Budget: FROM: TO: General Appropriations: (Operations excluded for CAP) Matching Grants ($26,857.50 to $23,857.50) $3,000.00 State of NJ, Department of Community Affairs Recreational Opportunities for Individuals with Disabilities Grant Matching Grant Portion $3,000.00 2. That the foregoing amendment in the opinion of the Mayor and Township Council, warranted and authorized by the statute above referred to, and is necessary for the reasons of the additional funds from the State of New Jersey, Department of Community Affairs, which is required to match the Grant. 3. That two certified copies of the resolution shall be forwarded to the Township Auditor and the Chief Financial Officer. _____________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 339R-15 TITLE: REQUEST APPROVAL FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE AND APPROPRIATION PURSUANT TO N.J.S.A. 40A: 4-87 RECREATIONAL OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES GRANT (7/1/2015 – 6/30/2016) MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO 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 local unit when such item shall have been available by any public or private funding source and the amount therefore shall not have been determined at the time of adoption; and WHEREAS, N.J.S.A. 40A: 4-87 further provides that the Director may approve the insertion of an appropriation item of an amount equal to any such special item of revenue making such item of revenue available for expenditure; and WHEREAS, the Township of Jackson has been provided additional funds from the Department of Community Affairs Recreational Opportunities for Individuals with Disabilities Grant in the amount of $15,000.00; and WHEREAS, the Township will provide $3,000.00 in matching funds towards the grant with funds already appropriated in the 2015 budget; and WHEREAS, the Mayor and Township Council of the Township of Jackson, request the Director of the Division of Local Government Services to approve the insertion of this amount as revenue with an offsetting appropriation. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows: Jackson Township Council Meeting of October 13, 2015 Page 41 of 46 1. That the Mayor and Township Council do hereby request an amendment to the 2015 Budget to provide the insertion of a special item of revenue in the amount of $15,000.00 by the Director of the Division of Local Government Services, which is now available as a revenue from: Miscellaneous Revenue: (Special Item of general revenue anticipated with prior written consent of the Director of Local Government Services) State of NJ, Department of Community Affairs Recreational Opportunities for Individuals with Disabilities Grant $15,000.00 2. That the Mayor and Township Council do hereby further request an appropriation of an equal sum under the caption of: General Appropriations: (operations excluded from CAP) State of NJ, Department of Community Affairs Recreational Opportunities for Individuals with Disabilities Grant $15,000.00 3. That two certified copies of the resolution shall be forwarded the Township Auditor and the Chief Financial Officer. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 340R-15 TITLE: AUTHORIZE INSTALLMENT AGREEMENT FOR DELINQUENT TAXES ON BLOCK 18502 LOT 29 PURSUANT TO N.J.S.A. 54:5-19 ET SEQ. MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, 54:5-19 et seq. permits an installment plan on delinquent taxes and municipal charges prior to Tax Sale, and the owner of Block 18502 Lot 29, Bowman Road, has requested an installment plan for delinquent taxes through the third quarter of 2015; and WHEREAS, the homeowner has already paid to the Tax Collector the sum of $1720.00, an acceptable amount down on the total delinquency, in good faith as a demonstration of ability to fund the plan; and WHEREAS, the homeowner will make 36 monthly installments of approximately $540.00 beginning in October of 2015, and keep subsequent taxes and other municipal charges up to date while the agreement is in effect; and WHEREAS, the Tax Collector has reviewed the request and the owners’ ability to pay, and recommends that the plan be approved and it is now the desire of the governing body to act upon the tax installment plan so submitted by the Tax collector. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, in the County of Ocean, State of New Jersey as follows: 1. That the Township Council of Jackson Township hereby authorize the installment plan covering the property known as Block 18502 Lot 29, the down payment, the terms of the agreement, the approximate amount of each monthly installment. 2. That in the event that any of these installments or payments for subsequent taxes and/or municipal charges are not made in accordance with the agreement approved herein, the township shall have the right to proceed with the regular statutory collection procedures including, but not limited to, Tax Sale and subsequent foreclosure. Jackson Township Council Meeting of October 13, 2015 DATED: 10-13-15 Page 42 of 46 _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK RESOLUTION 341R-15 TITLE: AUTHORIZE INSTALLMENT AGREEMENT FOR DELINQUENT TAXES ON BLOCK 14702 LOT 36 PURSUANT TO N.J.S.A. 54:5-19 ET SEQ. MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, 54:5-19 et seq. permits an installment plan on delinquent taxes and municipal charges prior to Tax Sale, and the owner of Block 14702 Lot 36, 39 Shoal Road, has requested an installment plan for delinquent taxes through the third quarter of 2015; and WHEREAS, the homeowner has already paid to the Tax Collector the sum of $2,500.00, an acceptable amount down on the total delinquency, in good faith as a demonstration of ability to fund the plan; and WHEREAS, the homeowner will make 24 monthly installments of approximately $1,500.00 beginning in September of 2015, and keep subsequent taxes and other municipal charges up to date while the agreement is in effect; and WHEREAS, the Tax Collector has reviewed the request and the owners’ ability to pay, and recommends that the plan be approved and it is now the desire of the governing body to act upon the tax installment plan so submitted by the Tax collector. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, in the County of Ocean, State of New Jersey as follows: 1. That the Township Council of Jackson Township hereby authorize the installment plan covering the property known as Block 14702 Lot 36, the down payment, the terms of the agreement, the approximate amount of each monthly installment. 2. That in the event that any of these installments or payments for subsequent taxes and/or municipal charges are not made in accordance with the agreement approved herein, the township shall have the right to proceed with the regular statutory collection procedures including, but not limited to, Tax Sale and subsequent foreclosure. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 342R-15 TITLE: RESCIND INSTALLMENT AGREEMENT FOR DELINQUENT TAXES ON BLOCK 19403 LOT 3 PURSUANT TO N.J.S.A. 54:5-19 ET SEQ. MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, 54:5-19 et seq. permits an installment plan on delinquent taxes and municipal charges prior to Tax Sale, and the owner of Block 19403 Lot 3, 786 E Veterans Hwy, had requested an installment plan for delinquent taxes through the third quarter of 2015; and WHEREAS, the homeowner had already paid to the Tax Collector the sum of $850.00, and was approved for an installment plan by Resolution 291R-15 dated 8-11-15, and Jackson Township Council Meeting of October 13, 2015 Page 43 of 46 WHEREAS, the homeowner made a large payment of $3,000 on 8/24/15 paying the taxes almost through the May quarter and has requested that the Township rescind their installment agreement so it could be available in the future if needed, and WHEREAS, the Tax Collector has reviewed the request and recommends that the plan be rescinded and it is now the desire of the governing body to rescind the tax installment plan previously submitted by the Tax collector. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, in the County of Ocean, State of New Jersey as follows: 1. That the Township Council of Jackson Township hereby rescinds the installment plan previously approved by Resolution 291R-15 dated 8-11-15, covering the property known as Block 19403 Lot 3, and; 2. That in the event that a future request is submitted by the owners, it will be considered as a first time request. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK RESOLUTION 343R-15 TITLE: RESOLUTION APPROVING A DISABLED VETERAN EXEMPTION ON BLOCK 14606 LOT 67 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, The Department of Veteran Affairs determined that John Cornacchio at 23 S. Baker Drive, Block 14606 Lot 67 had a service connected disability that was totally disabling effective 4/7/10, and has owned the above listed parcel since 6/21/02, and WHEREAS, the property owner has made application to the Township as a totally disabled veteran, which has been approved by the Tax Assessor as of 9/29/15, and WHEREAS, it is Township policy to grant the exemption for the current year and up to two preceding years. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, in the County of Ocean, State of New Jersey as follows: 1. The Tax Collector is directed to cancel taxes as follows: 2013 - $3,922.62 2014 - $4,035.60 2015 - $4,152.48 2016 - $2,076.24 – 1st half 2016 taxes (until parcel is formally exempt) 2. The Tax Collector is directed to process a refund for any overpayment due to the cancellation of taxes. 3. The parcel is to be exempted on the 2016 tax list. Copy to: Collector, Assessor, Finance DATED: 10-13-15 _________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK Jackson Township Council Meeting of October 13, 2015 Page 44 of 46 RESOLUTION 344R-15 TITLE: RESOLUTION AUTHORIZING THE ISSUANCE OF A DUPLICATE TAX SALE CERTIFICATE #14-00080 ON BLOCK 15201 LOT 135, PURSUANT TO CHAPTER 99 PUBLIC LAWS OF 1997 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, the Tax Collector of this municipality has previously issued a tax sale certificate to Edward J. Galbiercyzk, which certificate was sold on October 1, 2014 covering premises commonly known and referred to as Lot 135, in Block 15201 as set out on the municipal tax map then in use, which certificate bears number 14-00080; and WHEREAS, the Executrix, Pauline Milanic, for the purchaser of the aforesaid tax sale certificate has indicated to the Tax Collector that they have lost or otherwise misplaced the original tax sale certificate and have duly filed the appropriate Affidavit of Loss with the Tax Collector, a copy of which is attached hereto; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of the Township of Jackson in the County of Ocean and State of New Jersey, that the Tax Collector of the municipality be and is hereby authorized, upon receipt of the appropriately executed and notarized Loss Affidavit, to issue the appropriate tax sale certificate to the said purchaser covering the certificate lost as previously described, all in accordance with the requirements of Chapter 99 of Public Laws of 1997. BE IT FURTHER RESOLVED that a copy of this resolution and the Loss Affidavit be attached to the duplicate certificate to be issued to said purchaser and that said duplicate certificate shall be stamped or otherwise have imprinted on them the word “Duplicate” as required by law. _________________________ ANN MARIE EDEN, R.M.C. Copy to: Tax Collector TOWNSHIP CLERK DATED: 10-13-15 RESOLUTION 345R-15 TITLE: RESOLUTION AUTHORIZING ADDED LIEN TAX ON BLOCK 6111 LOT 3 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, a public health, safety and welfare issue was determined to exist on Block 6111 Lot 3, 19 Vermont Avenue requiring extermination services, and the demolition of the structure, and WHEREAS, the responsible parties did not perform the work necessary to alleviate the continuing public nuisance. To provide for public health and safety the Township was required by Court Order OCN-L-C 96.15 to abate the issue and bill the property for any and all funds expended by the Municipality, and WHEREAS, the Municipality has generated an invoice in the amount $19,995.00 detailing the costs involved with the demolition, including Legal fees NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey as follows: 1. The Tax Collector is hereby directed to place an Added Lien Tax against Block 6111 Lot 3, 19 Vermont Avenue, in the amount of $19,995.00 including all legal fees Jackson Township Council Meeting of October 13, 2015 Page 45 of 46 associated with the matter. The Lien will be billed against the November 2015 quarter taxes and the Collector will send out a bill upon notification of passage of this resolution and allow a suitable amount of time consistent with tax billing for the payment of said amount without interest. At the expiration of that time, interest will accrue at the level established by resolution chargeable from November 1, 2015. _________________________ ANN MARIE EDEN, R.M.C. Copy to: Collector, Finance TOWNSHIP CLERK DATED: 10-13-15 RESOLUTION 346R-15 TITLE: RESOLUTION OF NEED FOR THE CONSTRUCTION OF A SPLASH PARK LOCATED ON TOWNSHIP PROPERTY (JUSTICE COMPLEX) BLOCK 16701, LOT 1 MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: MARTIN YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO WHEREAS, Administration seeks Zoning permit approval for the construction of a Splash Park to be located on Block 16701, Lot 1; and WHEREAS, the Zoning Officer has reviewed the zoning permit application for this Splash Park, which shows it to be constructed on Township owned property known as Block 16701, Lot 1; and WHEREAS, the Zoning Officer also reviewed Jackson Township Land Use and Development Regulation Chapter 244-87 (A) (5) for the PV Pinelands Village Zone and concludes that approval is required from the Governing Body stating that this structure and its use meets a public need. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, that pursuant to Jackson Township Land Use and Development Regulation Chapter 244-87 (A)(5), the Splash Park and its use located on Block 16701, Lot 1 is hereby deemed appropriate and necessary. Copies of this Resolution are to be directed to the Township Administrator, the Director of Public Works, and the Jackson Township Zoning Officer. _________________________ ANN MARIE EDEN, R.M.C. DATED: 10-13-15 TOWNSHIP CLERK DISCUSSION AGENDA: 1. ADMINISTRATOR SCHLEGEL: a. Best Practices Checklist – We are in the process of filling out the Governor’s Best Practice 2015 Checklist and require assistance from Council. Council had created the Municipal Utilities Authority and Fire Districts and the Governor is stating that municipalities should assess the authorities they created and publicly discuss their findings and conclusions. Does the Council meet at least once annually to discuss the authorities that have created? Administration is asking that over the next year you meet to discuss these authorities and answer those questions. Council President Calogero thought it to be a good idea. Council discussed and it will be placed on the agenda for 2016. Waiver of health benefits – many municipalities offer payment in lieu of health benefits to encourage employees to voluntarily drop coverage provided there is coverage from another source. They’re asking we discuss payments in lieu of health benefits with its impact on the municipal budget and whether the said payments are still warranted. Council President Calogero asked for an explanation of the impact and Administrator Schlegel explained our waiver cost is $26,880 annually. Jackson Township Council Meeting of October 13, 2015 Page 46 of 46 We calculated what the health cost would be with those people who’ve taken the payment in lieu of health coverage and the annual premium would be $281,859.40. These are only for people eligible for health benefits. Council President Calogero stated it speaks for itself. Councilman Bressi stated if you select in lieu of and your spouse or significant other has a state program, you’re not eligible for the in lieu of payment. Administrator Schlegel’s recommendation would be to continue with it. Council discussed and supports it. 2. TOWNSHIP CLERK EDEN: a. Reminder – free rabies clinic this Saturday, October 17, 2015 from 10:00 a.m. to 12:00 p.m. at our Public Works Garage (rain or shine). b. Administrative Fee – Chapter 310 entitled “Peddling & Soliciting” – I would like Council to consider imposing an Administrative Fee for solicitors for the No Knock. In checking with Legal, we may charge a nominal administrative fee. Attorney Cipriani stated there’s not a lot of guidance in the law and my recommendation would be $35. Council President Calogero asked how many solicitors it would have impacted for 2015 and Township Clerk Eden stated about 11. She stated the process is more involved since adopting the new ordinance Councilman Nixon had concerns of legal action and Attorney Cipriani felt it was an acceptable number based on other researched cases. Council discussed and agreed. An ordinance will be prepared for the October 27th meeting. MAYOR’S COMMENTS – Mayor Michael Reina thanked everyone for coming out and supporting our sport leagues. Thank you to everyone who participated in pediatric cancer awareness for the month of September, supporters of the Susan G. Komen Walk for the Cure and Wounded Warriors. Have a good night and a safe trip home. PUBLIC COMMENT, ANY TOPIC RAY TORRES – 16 DANTE COURT – My home was built by Arcon Development who went bankrupt. Jackson still holds the bond and the streets need to be paved; our sewers are raised 2-3 inches above grade. Attorney Cipriani stated my office has filed on the bond and filed a lawsuit. We’ve had discussions with the attorney for the bonding company and will have a resolution shortly. Mr. Torres stated we have standing water and a large amount of other issues. Attorney Cipriani stated there is a punch list. Mr. Torres suggested placing something in front of the sewers to prevent equipment damage. Council President Calogero asked Administrator Schlegel to advise DPW to look into short solutions and she will send someone out there. MOTION TO CLOSE PUBLIC HEARING ON ANY TOPIC BY: MARTIN MOTION SECONDED BY: NIXON YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO MOTION TO ADJOURN BY: MARTIN MOTION SECONDED BY: NIXON YES: BRESSI, NIXON, UPDEGRAVE, MARTIN, CALOGERO 8:30 P.M. RESPECTFULLY SUBMITTED, _________________________________ COUNCIL PRESIDENT CALOGERO AME/df _________________________________ ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK