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ON TUESDAY, JUNE 9, 2009, AT 6:30 P.M., THE JACKSON TOWNSHIP COUNCIL HELD ITS MEETING IN THE MUNICIPAL BUILDING

PLEDGE OF ALLEGIANCE ROLL CALL:

COUNCILMAN MARTIN (6:50) COUNCILMAN TILIS COUNCILWOMAN UPDEGRAVE COUNCIL VICE PRESIDENT RIVERE COUNCIL PRESIDENT KAFTON

ATTORNEY GILMORE (6:35) TOWNSHIP CLERK EDEN

ALSO IN ATTENDANCE: MAYOR REINA ADMINISTRATOR DEL TURCO MR. MACZUGA MR. RUSSO MS. WAINRIGHT MR. BRESSI

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. This statement shall be entered into the Minutes of this meeting.

RESOLUTION 233R-09

TITLE: RESOLUTION FOR EXECUTIVE SESSION TO AUTHORIZE TOWNSHIP COUNCIL TO ENTER INTO CLOSED DISCUSSIONS CONCERNING MATTERS AS NOTED BELOW

MOTION TO APPROVE BY: UPDEGRAVE MOTION SECONDED BY: RIVERE YES: TILIS, UPDEGRAVE, RIVERE & KAFTON 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 hereinafter-specified subject matter.
2. The general nature of the subject matter to be discussed is as follows:
3. a)Personnel/Professionals: Personnel – Office of the Township Clerk
4. b)Litigation/Potential Litigation: Olejarz vs. Twp of Jackson. Leigh mediation.
5. c)Potential Land Sale/Land Acquisition: Inquiry to purchase
6. d)Contracts/Agreements: Update – Verizon Wireless/First Energy
3. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.

Township owned property within the Whitesville Industrial Park.

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

DATED: 06/09/09

Page 2 of 39

7:50 PM RECONVENE PUBLIC MEETING

PLEDGE OF ALLEGIANCE ROLL CALL

COUNCILMAN MARTIN COUNCILWOMAN UPDEGRAVE COUNCILMAN TILIS COUNCIL VICE PRESIDENT RIVERE COUNCIL PRESIDENT KAFTON ATTORNEY GILMORE TOWNSHIP CLERK EDEN

ATTORNEY GILMORE TOWNSHIP CLERK EDEN

ALSO IN ATTENDANCE: MAYOR REINA ADMINISTRATOR DEL TURCO

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. This statement shall be entered into the Minutes of this meeting.

PRESENTATIONS: N/A

COMMENTS BY THE TOWNSHIP COUNCIL MEMBERS:

COUNCILMAN MARTIN thanked everyone for coming.

COUNCILMAN TILIS also thanked everyone for coming.

COUNCILWOMAN UPDEGRAVE reminded everyone about the charity soccer game on Sunday at the Justice Complex at 7 pm for the Military.

COUNCIL VICE PRESIDENT RIVERE thanked the Pathfinders, regarding the ribbon cutting at Bunker Hill Bog that she attended.

COUNCIL PRESIDENT KAFTON discussed adding an Ordinance regarding buying and selling precious gems to the Discussion Agenda; as well as a Zoning Ordinance regarding catastrophes and fire issues. There are two full positions and one alternate position available on the Zoning Board. Anyone interested can give their resume to the Clerk’s Office. Clerk Eden, stated, the appointment would have to be done at the June 23rd meeting. Council President Kafton noted that on Tuesday, June 16th from 12 to 2 pm, the prescription bus will be at the Jackson Library for the uninsured and financially struggling people needing pharmaceuticals. This is sponsored by the Pharmaceutical Corporation of America, and I’d like to see that on our website. Council Woman Updegrove asked if we could we also have the soccer game on the website, it’s Saturday, not Sunday. Council President Kafton mentioned we have a rather long evening we’ll try to get through everything as quick as we can.

MAYOR REINA thanked the Pathfinders, Ms. Addelston, and the Citizen’s Budget Advisory Committee. He also thanked everyone who helped with the budget. He acknowledges the 65th Anniversary of D-Day. Regarding the Open Space Ordinance adopted in 2006 which is extremely important to me and the Township of Jackson, the way it is written is inappropriate and I’m calling upon Council to introduce a Resolution authorizing a Referendum on the Open Space Tax to correct this problem before it has a negative impact upon our taxes. This will save the average person $50.00 a year which offsets the average tax increase. I urge Council to make this a priority.

Page 3 of 39

COUNCIL PRESIDENT KAFTON stated by doing this we’re not preserving the open space that the residents moved here for. We should be more aggressive about purchasing open space. We’ve stopped development by purchasing property and we should continue this. If you turn it around we’ll be favoring the developers and not preserving the open space that the residents moved here to enjoy.

MAYOR REINA I applaud Council President Kafton however, you may have misinterpreted what I said. I think it's incumbent upon us to offer the same thing back to the residents. I'm not saying to change it. I'm saying to give it back to the taxpayers to decide. We're not taking away the open space, the intention is to put it back to the taxpayer and let the taxpayer decide, we don't have to double the rate. The Open Space Tax is now 2.6 cents higher than in 2008 we're not taking anything away. We're asking the taxpayer to decide how to spend the money. There's going to be an increase of 126.8 percent and this is your opportunity to change it. If the majority of the people understand this it doesn't take away anything. Council President Kafton stated we should cut the Municipal Budget not the Open Space Tax. Council Vice President Rivere noted you see how the audience is divided. I'd like to see the numbers in front of me and I think this can wait until the next meeting. Councilman Martin stated all that is being suggested is to ask the voters if they want to decrease the amount of money contributed to this without reducing the amount of money in the Open Space Trust Fund. We have an opportunity to give the residents a chance to reduce their taxes; it's an historic opportunity. Councilwoman Updegrave noted that we're making a political football of a suggestion. Council President Kafton stated he's disappointed that you had this discussion beforehand. Councilman Martin stated he had a discussion with you, Michael, at the Senior Center. Council President Kafton noted that the three cents that we use for the open space is an investment in our future and our kids' futures and you're increasing the Municipal Budget by one million dollars. Cut the Municipal Budget, not the open space. Mayor Reina stated if you cut the Municipal Budget now next year you'll be walloped. I had no intention of putting this as a back and forth issue, all I wanted to do is give the people a choice. Council President Kafton stated the taxpayers voted twice for this. This is very important issue, I'm going to put out my argument as much as the Mayor will put his argument out there, we shouldn't be buying lawnmowers for $75,000.00. We should be taking this money and investing it in developers' property and preserving it. Mayor Reina replied all your points are valid. All we want to do is allow the voting public their say. I'm not talking about the budget; I'm talking about the Open Space Referendum. We're allowing the voting public to say what they want to do with their money.

TOWNSHIP CLERK EDEN Resolution 247R-09 will be removed from tonight's Agenda.

BILLS AND CLAIMS

MOTION TO APPROVE BILLS AND CLAIMS BY: RIVERE MOTION SECONDED BY: MARTIN YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON ABSTENTIONS: MARTIN ( JUAN, BELLU & V9017594) UPDEGRAVE (DASTI, MURPHY & MCGUCKIN)

Page 4 of 39

CHECK#

AMOUNT

Page 5 of 39

06/10/09 JACKSON TOWNSHIP

15:46:51 Check Register By Check Date

Check # Check Date Vendor Amount Paid Reconciled/Void Ref Number

79922 06/09/09 FIR29 FIRST CHOICE CATERERS 448.00 3284

79923 06/09/09 FIR40 FIRST AMERICAN REAL ESTATE TAX 36,875.79 3284

79924 06/09/09 FRE10 FRENCH & PARRELLO ASSOC., P.A. 15,000.00 3284

79925 06/09/09 GIL02 GILMORE & MONAHAN, P.A. 0.00 06/09/09 VOID

79926 06/09/09 GIL02 GILMORE & MONAHAN, P.A. 24,307.53 3284

79927 06/09/09 GRE16 GREATER MEDIA PUBLICATIONS 624.00 3284

79928 06/09/09 HAR35 HARLEY DAVIDSON OF OCEAN CNTY 668.70 3284

79929 06/09/09 HUN03 HUNTER JERSEY PETERBILT 367.48 3284

79930 06/09/09 IAC01 IACP-INTERNATIONAL ASSOCIATION 120.00 3284

79931 06/09/09 IG01 I & G FARMS INC. 119.00 3284

79932 06/09/09 INDUSTRIAL WELDING SUPPLY INC. 46.00 3284 3284

79933 06/09/09 INNO2 INNOVATIVE ENGINEERING INC 10.00 3284

79934 06/09/09 JAC65 JACKSON TIMES 264.00 3284

79935 06/09/09 JCP01 JERSEY CENTRAL POWER & LIGHT 0.00 06/09/09 VOID

79936 06/09/09 JCP01 JERSEY CENTRAL POWER & LIGHT 20,976.73 3284

79937 06/09/09 JER31 JERSEY RENTS 785.00 3284

79938 06/09/09 JOH03 JOHNSON & TOWERS INC. 486.92 3284

79939 06/09/09 JOH15 JOHNNY ON THE SPOT 600.70 3284

79940 06/09/09 JRH01 J.R. HENDERSON LABS, INC. 75.00 3284

79941 06/09/09 JS01 THE J'S LETTERING, INC. 30.00 3284

79942 06/09/09 KHO03 K HOVANIAN @ METEDECONK 3,098.00 3284

79943 06/09/09 LAK01 LAKEWOOD AUTO SUPPLY INC. 205.19 3284

79944 06/09/09 LEE01 LEE BATTERY SERVICE, INC. 1,128.90 3284

79945 06/09/09 LIG04 HONORABLE JAMES A LIGUORI 600.00 3284

79946 06/09/09 LOT01 SUSAN LOTITO 900.00 3284

79947 06/09/09 LOW02 LOWE'S COMPANY INC. 159.76 3284

79948 06/09/09 MAZ04 MAZZA RECYCLING, INC. 26,929.50 3284

79949 06/09/09 MER03 MERCER SPRING CORPORATION 256.50 3284

79950 06/09/09 MIC07 MICROMEDIA PUBLICATIONS, INC. 169.68 3284

79951 06/09/09 NAT14 NATIONAL TACTICAL OFFICERS 150.00 3284

79952 06/09/09 NEX01 NEXTEL COMMUNICATIONS 2,184.95 3284

79953 06/09/09 NJP02 NEW JERSEY PLANNING OFFICIALS 59.00 3284

79954 06/09/09 NJSO2 NJSLN 55.00 3284

79955 06/09/09 OCE05 OCEAN COUNTY RECYCLING 146.01 3284

79956 06/09/09 OCE47 OCEAN COUNTY EQUIPMENT, INC. 25.12 3284

79957 06/09/09 OFF06 OFFICE NEEDS 1,399.00 3284

79958 06/09/09 OWE01 OWEN LITTLE & ASSOCIATES INC. 202.50 3284

79959 06/09/09 PAP02 PAPER DIRECT, INC. 67.93 3284

79960 06/09/09 PAR14 PARTY ZONE ENTERTAINMENT 565.00 3284

79961 06/09/09 PAR19 PARAMOUNT HOMES @ REED ROAD 1,948.00 3284

79962 06/09/09 PED01 PEDRONI FUEL COMPANY, INC. 26,858.40 3284

79963 06/09/09 PEN06 PENNINGTON SALES & SERVICE 672.80 3284

79964 06/09/09 PRO02 PROFESSIONAL GOVERNMENT 90.00 3284

79965 06/09/09 REM01 REMINGTON, VERNICK & VENA ENG. 652.50 3284

79966 06/09/09 RR01 R & R RADAR INC 427.40 3284

79967 06/09/09 RUM02 BRIAN E. RUMPF 1,955.62 3284

79968 06/09/09 RUT04 RUTGERS, THE STATE UNIVERSITY 75.00 3284

79969 06/09/09 SAL15 TONY SALIOLA CONST LLC 90.00 3284

79970 06/09/09 SAM04 SAMSON METAL SVCS, INC. 1,209.50 3284

79971 06/09/09 SHO13 SHOPRITE/PERLMART, INC. 53.58 3284

79972 06/09/09 SMI03 JOHN & PATRICIA SMITH 7,413.94 3284

79973 06/09/09 SOV08 SOVEREIGH BANK 1,881.55 3284

79974 06/09/09 STA01 NJSHBP 259,820.85 3284

79975 06/09/09 STE15 JAMES & DEBRA STEEL 6,103.05 3284

Page 6 of 39

06/10/09 JACKSON TOWNSHIP

15:46:51 Check Register By Check Date

Page No: 3

Page 7 of 39

Page No: 4

Page 8 of 39

06/10/09

Page No: 5

15:46:51

JACKSON TOWNSHIP Check Register By Check Date

Check # Check Date Vendor Amount Paid Reconciled/Void Ref Number

62458 06/09/09 VEN08 JENNIFER VENTURA 50.00 3288

62459 06/09/09 WER03 MAUREEN WERTHMULLER 50.00 3288

Checking Account Totals Paid Void Amount Void Amount Paid

--- --- --- ---

Checks: 12 0 0.00 3,423.74

Direct Deposit: 0 0 0 0.00 0.00

Total: 12 0 0 0.00 3,423.74

Report Totals Paid Void Amount Void Amount Paid

--- --- --- ---

Checks: 139 20 0.00 710,692.11

Direct Deposit: 0 0 0 0.00 0.00

Total: 139 20 0 0.00 710,692.11

Jackson Township Council Meeting Minutes June 9, 2009

Page 9 of 39

JACKSON TOWNSHIP

Check Register By Check Date

60/07/90

Page No: 6

15:46:51

Check Register By Check Date

Page 10 of 39

CLERK EDEN: Stated there was an error in the publication of this Ordinance #11-09 resulting in the public hearing/adoption this evening.

ORDINANCES, SECOND READING

11-09

AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING ARTICLE IV, CHAPTER 82, SECTION 34 ENTITLED “PARKS AND RECREATION FACILITIES – RECREATION/SENIOR SERVICES EVENT FEES”

PUBLIC HEARING OPENED: (no one came forward)

MOTION TO CLOSE PUBLIC HEARING BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

MOTION TO APPROVE ORDINANCE 11-09 ON SECOND READING, ADVERTISE THE APPROVAL AND NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: RIVERE MOTION SECONDED BY: MARTIN YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

ORDINANCE 11-09

WHEREAS, Section 82-34 of the Township Code of the Township of Jackson provides for authorization for the Department of Recreation and Senior Services to charge fees and service charges for Recreation and Senior Services activities; and

WHEREAS, the Township Council of the Township of Jackson wishes to amend the current fee schedule as noted below.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows:

SECTION 1. 82-34 entitled Recreation Event Fees is amended to include the following:

§ 82-34 Recreation Fees. The following fees shall be paid for the delineated recreation/senior center event(s) and/or activities of the Department of Recreation and Senior Services:

DIVISION OF SENIOR SERVICES

ACTIVITY

SENIOR CENTER

Senior Center Expo Event $150.00 - $200.00/table

FEE

SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

SECTION 3. This Ordinance shall take effect upon its final passage and publication as required by law.

MAYOR MICHAEL REINA

NOTICE

Page 11 of 39

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 May 12, 2009 will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 9^{th} day of June 2009 at 7:30 P.M. or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building in said Township, at which time all persons interested shall be given an opportunity to be heard concerning this Ordinance.

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.

DATED: 06/09/09

ANN MARIE EDEN, RMC TOWNSHIP CLERK

13-09

TITLE: CALENDAR YEAR 2009 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS ( N.J.S.A.. 40A: 4-45.14)

PUBLIC HEARING OPENED:

DAN GROSS – 18 POINTE CIRCLE could you explain this Cap Bank.

ADMINISTRATOR DEL TURCO stated the Cap Bank is established by the State it allows a provision for inflation; normally the state allows 21/2 percent and this permits a carry-over for next year to appropriate funds.

MOTION TO CLOSE PUBLIC HEARING BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

MOTION TO APPROVE ORDINANCE 13-09 ON SECOND READING, ADVERTISE THE APPROVAL AND NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: RIVERE MOTION SECONDED BY: MARTIN YES: MARTIN, UPDEGRAVE, RIVERE NO: TILIS, KAFTON

ORDINANCE 13-09

CALENDAR YEAR 2009 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS ( N.J.S.A. 40A: 4-45.14)

WHEREAS, the Local Government Cap Law, N.J.S.A 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year's final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

Page 12 of 39

WHEREAS, the Township Council of the Township of Jackson in the County of Ocean finds it advisable and necessary to increase its CY 2009 budget by up to 3.5% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Township Council hereby determines that a 1% increase in the budget for said year, amounting to $333,461.23 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS the Township Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Township Council of the Township of Jackson, in the County of Ocean, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2009 budget year, the final appropriations of the Township of Jackson shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 1%, amounting to $333,461.23 for a total of 3% amounting to $1,167,114.31, and that the CY 2009 municipal budget for the Township of Jackson be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within days after such adoption.

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 May 26, 2009 and will be considered for second reading and final passage at a meeting of said Governing Body to be held on the 9^{th} day of June 2009 at 7:30 P.M. or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building in said Township, at which time all persons interested shall be given an opportunity to be heard concerning this Ordinance.

DATED: 06/09/09

ANN MARIE EDEN, RMC TOWNSHIP CLERK

Page 13 of 39

14-09

14-09 TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, SO AS TO AMEND CHAPTER 51, ENTITLED “DOGS AND OTHER ANIMALS”

PUBLIC HEARING OPENED:

SHARI WILLIAMS – 4 COLUMBINE DRIVE: Questioned the TNR program and whether it’s the right solution to the problem. She worries about the cats getting in her insulation. Council President Kafton stated that the goal is to prevent the cats from continually reproducing and adding to the cat population. Councilman Martin noted this program has been successful in many other towns and we believe it will control the population. Ms. Williams is concerned that this will prevent the clean up of her park and possibly contaminate her water.

PAUL MAYEROWITZ – 91 CYPRESS POINTE LANE: Wants to know what is in the Ordinance 51-65 to permit the removal of a cat colony from a location. Councilman Tilis stated that in Ordinance 51-65 you have the right to remove a cat that’s creating a nuisance. Mr. Mayerowitz questioned do we have the right to remove a colony? Council Vice President Rivere responded yes, under this Ordinance.

JOE MERCANTE – 39 ROSE DRIVE: Mr. Mercante stated he used to catch and turn over feral cats to the police department and is concerned that the feral cats are dangerous if not handled properly; do they carry the handlers' own insurance? Councilwoman Updegrave voiced her concerns and would like to hear from the volunteers and would like to make sure the Township is not liable if someone is hurt. Councilman Martin stated if the colony is a nuisance we can move it. We are trying to cut down on future populations and give the shelter more opportunity to adopt adoptable animals.

HELEN FERRARO – 1458 JORDAN AVENUE: She has 17 cats of her own and can find homes for some of these cats. This is the only way to resolve this issue. We do know what we're doing and how to handle the cats. We need the TNR program to control the population. The Animal Welfare Committee will address these issues when we meet.

COUNCIL PRESIDENT KAFTON: Asked if someone does get hurt, how do we handle that?

SUSAN SHANNON – PRESIDENT VOLUNTEER GROUP AT NORTHERN JACKSON ANIMAL SHELTER: Stated the liability is the individuals because you're acting as an individual not a Township representative. Jackson has almost a full proof initiative. The Ordinance is made for people who want to take care of the animals. These animals are brought to contract veterinarians who are familiar with feral cats. This problem will not go away. You might want to have a mobile unit set up in Fountainhead where they do a 70 to 90 percent neuter saturation in one day and then release them. Councilwoman Updegrave asked how are you going to set it up so there is funding coming in? Councilman Martin replied we're creating a TNR Trust. Council President Kafton asked if we'll be funding this with taxpayers money? Councilman Martin replied we have the option of bringing in donations or a minimal amount of taxpayer dollars. TNR is cheaper than euthanasia so you're actually saving the taxpayer dollars. Council Vice President Rivere referred to Section 51-65 which addresses a rabies infested cat, there are rules and a committee, there are people behind this with teeth, the Ordinance is very well written.

SUSAN ADDLESTON – 66 MERION LANE: This is not a cat issue it is a human issue, humans allow this to happen. We have trapped pregnant animals and if you get them early enough you can help. To kill a feral cat it’s $90.00 of taxpayer money and there are hundreds of them that come into the shelters. We’re trying to resolve the problem before it happens. We’re trying to let Jackson be in the forefront of a humane resolution to a human caused problem. It’s not political, we are guaranteeing you that the

Page 14 of 39

tax money used will drop eventually and help to resolve the problem. Councilman Martin asked how old do cats have to be to reproduce? Ms. Addleston replied three to four months, they breed like rabbits.

JOE MERCANTE – 39 ROSE DRIVE: Are any of you members of PETA? PETA was declared a terrorist group and I don’t think we should support them.

MITCH GUYER – HAWKIN ROAD, NEW EGYPT: Mentions that he has been volunteering for two years now at the Animal Shelter and he has been involved in animal rescue for thirty years and has done extensive research in TNR. He notes rabies is cut down tremendously when used in a program such as this. I came here to commend you for going down a humane road. He believes we have a responsibility to give these animals the best life we can. There is a clear distinction between killing a cat for our own needs and euthanizing an animal that is terminally ill.

SHARI WILLIAMS – 4 COLUMBINE DRIVE: When someone sponsors a colony and opts to take care of a colony they are responsible to get treatment on their own do they sign an agreement or will it come back to Jackson Township? Councilman Martin stated there will be an agreement in place to protect Jackson Township. Council Vice President Rivere mentions Point Pleasant Beach, The American Society of Feline Practitioners, The Humane Society, ASPCA, Department of Health and Senior Services for the State of New Jersey, and goes on to say if keeping in company with these organizations that she'll vote for this Ordinance in good conscience.

PAUL MAYEROWITZ – 91 CYPRESS POINTE LANE: He’s concerned that we are not well enough informed of our liability associated with the Ordinance. We’re asking a volunteer for their assessment of liability where we should be seeking advice from a risk officer or legal counsel. Council will be voting on this Ordinance. Council President Kafton noted that’s why there’s a first reading and a second reading. The purpose of the second reading is to be able to gather the information that we need. Mr. Mayerowitz replied he hopes Counsel doesn’t have a problem after you pass the Ordinance. Attorney Gilmore stated if this Ordinance is adopted tonight on second reading then it has to go to the Mayor to sign and it places it in effect 20 days after the signing or he can veto it and send it back to Council. If there’s an amendment that can also be introduced at the next Council meeting. Regarding the issue of liability, I’ll tell you just like I’d tell anybody else, anybody can sue anybody at any time, for any reason. You should have them sign a release where they release the Township from any kind of liability whatsoever. Councilman Martin recommends we vote on this tonight and have a waiver prepared for the next meeting if need be. Attorney Gilmore stated Section 51-61 (8) provides that the Township has designated veterinarians to perform the neutering and spaying which requires the people to take it there, get a voucher, and take it back to the Township; where are the funds for that? Councilman Martin indicated from donations and also the Mayor and Council can put seed money in the budget to get the program started and it’s going to start as a line item. We are creating a trust fund. Council Vice President Rivere stated we discussed this with the attorney and the Township will take control because it’s our Ordinance we are establishing the trust and it will be a line item and after that it will be self-funded, we believe that or we wouldn’t be doing this Ordinance tonight. Attorney Gilmore asked is there a line item in the 2009 budget for that?

ADMINISTRATOR DEL TURCO: Noted we have to establish a Dedication by Rider through the New Jersey Division of Local Government Services because you’re receiving private contributions and I think under that circumstance we’ll have to establish a trust fund.

MOTION TO CLOSE PUBLIC HEARING BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

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MOTION TO APPROVE ORDINANCE 14-09 ON SECOND READING, ADVERTISE THE APPROVAL AND NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: RIVERE MOTION SECONDED BY: MARTIN YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

COUNCILMAN TILIS: Requested a moment to comment. Attorney Gilmore stated my belief is if a Councilperson has a question, let him ask the question.

COUNCILMAN TILIS: The Ordinance talks about a report that will be provided on a yearly basis, I’d ask for a six-month report to see how this Ordinance is working. Councilman Martin had no problem with that. Council Vice President Rivere also had no problem with that.

CLERK EDEN: You will have to amend the Ordinance to include the specific language governing the rules.

COUNCILMAN TILIS: I don’t want to amend the Ordinance right now. I just made a request. Secondly, we’re going to put seed money in a dedicated trust fund for this with the hopes that there’ll be fundraising; my question is, you’ve had experience with this in other municipalities; how successful is it?

SUSAN ADDLESTON - 66 MERION LANE: We raised over $3,000.00 a week ago just for this.

ORDINANCE NO. 14-09

AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, SO AS TO AMEND CHAPTER 51, ENTITLED "DOGS AND OTHER ANIMALS"

BE IT ORDAINED by the Mayor and Township Council of the Township of Jackson, County of Ocean, and State of New Jersey, as follows:

SECTION 1. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 51, entitled “Dogs and Other Animals,” so as to create a new Article XI, entitled “Management of Feral Cats,” which shall read in its entirety as follows:

ARTICLE XI

MANAGEMENT OF FERAL CATS

§ 51-56. Definitions: intent.

Notwithstanding anything to the contrary in this Chapter, this Article is intended to govern all matters, which relate to the management of feral cats.

For the purposes of this Article, the following terms shall have the meaning set forth in this Article. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, words in the singular number

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include the plural, and words in the male gender include the female gender.

ABANDONED – An owner or caregiver has forsaken a domesticated cat entirely, or has neglected or refused to provide care and support to the cat.

ANIMAL CONTROL OFFICER – Any person employed or appointed by the Township who is authorized to investigate violations of laws and regulations concerning animals, and to issue citations in accordance with New Jersey law and this Code.

CAREGIVER – Any person who provides food, water or shelter to or otherwise cares for a cat.

DOMESTICATED CAT – A cat that is socialized to humans and is appropriate as a companion for humans.

EAR MARKED – A tagged, notched or tipped left ear as performed by a licensed veterinarian.

FERAL CAT – A cat that is not socialized to humans and is not appropriate as a companion for humans.

FERAL CAT COLONY – A group of cats that congregates, more or less, together as a unit. Although not every cat in a colony may be feral, any non-feral cats that congregate with a colony shall be deemed to be a part of it.

NUISANCE – Disturbing the peace by (a) habitually or continually howling, crying or screaming, or (b) the habitual and significant desecration or soiling of property against the wishes of the owner of the property.

OWNER – Any person, firm, corporation, partnership, association, trust, estate, or any other legal entity.

SPONSOR – The Jackson Township Animal Welfare Committee and any person or entity approved by the Jackson Township Animal Welfare Committee to perform the responsibilities of a sponsor, as contained in this Article.

STRAY CAT – A cat that is regularly off the property of the owner, is not under the physical control and restraint of the owner, and is not regularly provided with food by its owner.

SUITABLE SHELTER – Shelter that provides protection from rain, sun, and other elements that is adequate to protect the health of the cat.

TNR PROGRAM – A program pursuant to which feral and stray cats are trapped, neutered or spayed, vaccinated against rabies and returned to the location where they congregate.

ZOONOTIC DISEASE – Those diseases transmittable to humans from animals, including parasitic, bacterial, fungal and viral diseases.

§ 51-57. Creation of Animal Welfare Committee.

There is hereby created the Jackson Township Animal Welfare Committee that shall perform those functions related to the Township’s TNR Program, as specified in this Article, and also promote and seek donations to support the program. The committee shall consist of

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seven members, and the members shall include the Township’s Animal Control Officer, one Township Council Member, one Mayor’s Representative, and four citizens, of which two shall be appointed by the Township Council and two by the Mayor.

§ 51-58. Responsibilities of owners of domesticated cats.

• A.Owners of domesticated cats shall:
• Provide appropriate and adequate food, water and shelter for their cats;
• Exercise reasonable care to guard against the cat creating a nuisance;
• Not permit a sexually intact (not spayed or neutered) domesticated cat to roam unsupervised; and
• Not abandon a domesticated cat.

§ 51-59. Feral cat colonies.

Feral cat colonies shall be permitted, and caregivers shall be entitled to maintain them in accordance with the terms and conditions of this Article.

§ 51-60. Sponsorship of colony TNR programs.

Any person or entity that desires to be a sponsor may apply to the Jackson Township Animal Welfare Committee to serve as a TNR program sponsor. All applicants shall comply with the requirements of this Article and execute a Jackson Township Animal Welfare Committee approved sponsor contract. Any person or entity intending to undertake the responsibilities of a sponsor shall advise the Jackson Township Animal Welfare Committee in writing and provide his/her/its address and telephone number.

§ 51-61. Sponsor duties.

It shall be the duty of the sponsor to:

1. Review and approve of colony caregivers;
2. Help to resolve any complaints over the conduct of a colony caregiver or of cats within a colony;
3. Maintain records provided by colony caregivers on the size and location of the colonies, as well as the vaccination and spay/neuter records of cats in the sponsor's colonies;
4. Report annually to the Township the following:
5. (a)number of colonies in the Township;
6. (b)total number of cats in colonies;
7. (c)number of cats and kittens spayed and neutered pursuant to the TNR program; and
8. (d)number of cats and kittens placed in permanent homes.

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5. Use due consideration to avoid the taking of rare, threatened or endangered species under the Endangered and Non-game Species Conservation Act, N.J.S.A. 23:2A-1 et seq.;
6. Seek donations to support the Township’s TNR program. Any funds collected shall be given to the Township Chief Financial Officer and placed in a trust dedicated to the fulfillment of the TNR program;
7. Advise caregivers of the names of the licensed veterinarians under contract with the Township to perform those veterinarian services required by this Article;
8. Obtain from caregivers the invoice of the veterinarian contracted by the Township to perform veterinarian services required by this Article and present the invoice to the Township Chief Financial Officer for payment; and
9. Provide caregivers prior approval for veterinarian services required under this Article.

§ 51-62. Feral cat caregiver responsibilities.

Caregivers are responsible for the following:

• A.Registering the feral cat colony with the sponsor;
• B.Taking steps that are reasonably likely to result in the vaccination of the colony population for rabies, and making reasonable efforts to update the vaccinations on cats that can be recaptured;
• C.Taking steps that are reasonably likely to result in the spay/neuter, by a Township contracted veterinarian, of at least ninety (90%) percent of the colony population;
• D.Providing the sponsor with descriptions of each cat in the colony and copies of documents evidencing that the cats have been vaccinated and spayed/neutered;
• E.Providing food, water and, if feasible, shelter for colony cats;
• F.Observing the colony cats at least twice per week and keeping a record of any illnesses or unusual behavior noticed in any colony cats;
• G.Obtaining the approval of the owner of any property to which the caregiver requires access to provide colony care;
• H.In the event that kittens are born to a colony cat, the caregiver shall take reasonable steps likely to result in the removal of the kittens from the colony after they have been weaned, and the placement of the kittens in homes or foster homes for the purpose of subsequent permanent placement;
• I.Reporting annually, in writing, to the sponsor the status of the colony, including data on the number and gender of all cats in the colony; the number of cats that died or otherwise ceased

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being a part of the colony during the year; the number of kittens born to colony cats and their disposition; and the number of cats and kittens placed in permanent homes as companion cats;

• J.Obtaining proper medical attention to any colony cat that appears to require it;
• K.Providing the sponsor with the invoice of the Township approved veterinarian who provides veterinarian services as required by this Article; and
• L.Obtaining approval from the sponsor prior to incurring any costs for veterinarian services.

§ 51-63. Colony cat requirements.

• A.The left ear of a colony cat that has been spayed or neutered and vaccinated shall be ear marked.
• B.An electronic animal identification device (“EAID”) shall be inserted into the cat by a Township contracted veterinarian, in accordance with professional medical standards. The sponsor shall be the named contact for the purposes of the EAID.

§ 51-64. Disposition of colony cats.

• A.An Animal Control Officer who has trapped a cat whose left ear has been ear marked, or which bears some other distinguishing mark indicating that it belongs to a feral cat colony, shall scan the cat for an EAID. If an EAID is found, the officer shall be responsible for contacting the sponsor or other person named as owner of the cat.
• B.If the owner or sponsor is not able to immediately take custody of the cat, the officer shall return the cat to the appropriate colony.
• C.If the cat does not have an EAID, then the Animal Control Officer shall contact the sponsor so the cat can be properly placed in a colony. If the cat is obviously a domestic cat, the sponsor shall arrange for care for the cat until the owner is located and may determine the disposition of the cat in those circumstances where the domestic cat's owner cannot be located.

§ 51-65. Ordinance enforcement.

The Township shall have the following rights:

• A.The right to seize or remove cats from a colony that have not been vaccinated against rabies and which are demonstrating signs of the disease.
• B.The right to seize or remove a cat from a colony that is creating a nuisance, as defined above, and the caregiver and sponsor have been given sixty days to remove and relocate the cat, and have failed to do so.
• C.The right to seize or remove a colony of cats when the caregiver regularly fails to comply with the requirements of this Article, and the sponsor has not been able to obtain a replacement or substitute caregiver within sixty days of the Township’s notice

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to the sponsor of the caregiver’s failure to comply with this ordinance.

§ 51-66. Nuisance complaint investigation.

The requirements of this ordinance notwithstanding, Animal Control Officers and Police Officers may investigate any nuisance complaint.

§ 51-67. Violations and penalties.

Any person who violates any one or more provisions of this Article shall be subject to a fine of not more than $500 for each separate offense and/or confinement in the Ocean County Jail for a period of not more than 90 days. In the case of a continuing violation or violations, a fine of not more than $500 may be assessed for each day that said violation or violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

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.

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 May 26, 2009, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 9th day of June, 2009, 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.

DATED: 06/09/09

15-09

ANN MARIE EDEN, RMC TOWNSHIP CLERK

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AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AUTHORIZING THE ACQUISITION OF BLOCK 17201, LOTS 10 & 11, FROM NONNA SLAVYNSKA, IN ACCORDANCE WITH N.J.S.A. 40A:12-5(a)(1)

PUBLIC HEARING OPENED: (no one came forward)

MOTION TO CLOSE PUBLIC HEARING BY: MARTIN MOTION SECONDED BY: TILIS YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

MOTION TO APPROVE ORDINANCE 15-09 ON SECOND READING, ADVERTISE THE APPROVAL AND NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: MARTIN MOTION SECONDED BY: UPDEGRAVE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

ORDINANCE NO. 15-09

AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AUTHORIZING THE ACQUISITION OF BLOCK 17201, LOTS 10 & 11, FROM NONNA SLAVYNSKA, IN ACCORDANCE WITH N.J.S.A. 40A:12-5(a)(1)

WHEREAS, Nonna Slavynska is the assessed owner of Block 17201, Lots 10 & 11; and

WHEREAS, Nonna Slavynska wishes to donate the subject property to the Township of Jackson; and

WHEREAS, said owner requests that the Township waive past due taxes on the parcels in the amount of $267.86 and $265.85, respectively; and

WHEREAS, Block 17201, Lot 11, consists of 1.24 acres, and Block 17201, Lot 10, consists of 1.17 acres; and

WHEREAS, N.J.S.A. 40A:125(a)(1) authorizes a municipality to accept property as a gift by the adoption of an ordinance authorizing the acquisition of the same.

NOW THEREFORE BE IT ORDAINED by the Mayor and Township Council of the Township of Jackson, County of Ocean, and State of New Jersey, as follows:

SECTION 1. That the governing body does hereby authorize the acquisition of Block 17201, Lots 10 & 11, from Nonna Slavynska. This property is

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being acquired by the Township of Jackson pursuant to N.J.S.A. 40A:12-5(a)(1) as a gift from Nonna Slavynska.

SECTION 2. That the Township does hereby waive collection of past due taxes on the lots of $267.86 and $265.85, respectively.

SECTION 3. That the Mayor and Municipal Clerk are hereby authorized to execute any and all documents necessary for the acquisition of the subject property from Nonna Slavynska.

SECTION 4. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

SECTION 5. 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 6. This ordinance shall take effect after second reading and publication as required by law.

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 May 26, 2009, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 9th day of June, 2009, 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.

06/09/09

ANN MARIE EDEN, RMC TOWNSHIP CLERK

ORDINANCES FIRST READING

16-09

AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AUTHORIZING THE ACQUISITION OF BLOCK 18902, LOTS 34 & 35, FROM LYNN WILKIE, IN ACCORDANCE WITH N.J.S.A. 40A:12-5(a)(1)

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MOTION TO APPROVE ORDINANCE 16-09 ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON JUNE 23, 2009 MOTION TO APPROVE BY: UPDEGRAVE MOTION SECONDED BY: MARTIN YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

WHEREAS, Lynn Wilkie is the assessed owner of Block 18902, Lots 34

& 35; and

WHEREAS, Lynn Wilkie wishes to donate the subject property to the Township of Jackson; and

WHEREAS, Block 18902, Lot 34, consists of .62 acre, and Block 18902, Lot 35, consists of .66 acre, for a total donation of approximately 1.28 acres; and

WHEREAS, N.J.S.A. 40A:125(a)(1) authorizes a municipality to accept property as a gift by the adoption of an ordinance authorizing the acquisition of the same.

NOW THEREFORE BE IT ORDAINED by the Mayor and Township Council of the Township of Jackson, County of Ocean, and State of New Jersey, as follows:

SECTION 1. That the governing body does hereby authorize the acquisition of Block 18902, Lots 34 & 35, from Lynn Wilkie. 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 Lynn Wilkie.

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 Lynn Wilkie.

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 portions hereof.

SECTION 5. This ordinance shall take effect after second reading and publication as required by law.

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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 June 9, 2009, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 23rd day of June, 2009, 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, RMC TOWNSHIP CLERK

DATED: 06/09/09

17-09 AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, SO AS TO AMEND CHAPTER 3, ENTITLED “ADMINISTRATION OF GOVERNMENT”

MOTION TO APPROVE ORDINANCE 17-09 ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON JUNE 23, 2009 MOTION TO APPROVE BY: RIVERE MOTION SECONDED BY: MARTIN

YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

BE IT ORDAINED by the Mayor and Township Council of the ownship of Jackson, County of Ocean, and State of New Jersey, as follows:

SECTION 1. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 3, entitled “Administration of Government,” Article XIV, entitled “Advisory Boards, Committees and Commissions,” § 3-152, entitled “Establishment of and manner of appointment to advisory boards, committees and commissions,” paragraph B, which shall read in its entirety as follows:

ARTICLE XIV

ADVISORY BOARDS, COMMITTEES AND COMMISSIONS

• § 3-152. Establishment of and manner of appointment to advisory boards, committees and commissions.
• B.Economic Development Advisory Committee. The Economic Development Advisory Committee shall assist and advise the Mayor and Township Council in implementing a program of economic development that is designed to encourage sustained

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and selective economic growth for the Township, with particular emphasis upon an enlightened and responsible program to create clean commercial and industrial development in locations within the Township that are consistent with the Master Plan and Land Use Regulations of the Township. The Economic Development Advisory Committee shall consist of 17 members. The Committee shall consist of two members of the Township Council; the Mayor or his or her designee; the Business Administrator or designee; the Township Engineer or designee of said firm; JTMUA Director or designee; Planning Board Chairman or designee from the Board; Zoning Board Chairman or designee from the Board; President of the Jackson Chamber of Commerce or designee; Township Planner or designee of said firm; Construction Code Official. The remaining six members of the Committee shall be residents of the Township of Jackson, three of whom shall be appointed by the Mayor and the other three by the Township Council.

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.

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 June 9, 2009, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 23rd day of June, 2009, 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.

DATED: 06/09/09

ANN MARIE EDEN, RMC TOWNSHIP CLERK

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PUBLIC HEARING OPENED, RESOLUTIONS ONLY:

DAN GROSS – 18 POINTE CIRCLE: Regarding 242R-09 can we talk a little bit about this.

ADMINISTRATOR DEL TURCO: This is the program for hot meals to be delivered to the Senior Center from Ocean County at no cost to the taxpayer.

DAN GROSS – 18 POINTE CIRCLE: And 247R-09 that has been removed from the Agenda, correct?

CLERK EDEN: Yes.

MOTION TO CLOSE PUBLIC HEARING RESOLUTIONS ONLY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

RESOLUTION 235R-09

TITLE: RESOLUTION TO JOIN NEW JERSEY SUSTAINABLE ENERGY JOINT MEETING

MOTION TO APPROVE BY: RIVERE MOTION SECONDED BY: UPDEGRAVE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, Local Units of the State of New Jersey are authorized to enter into a joint contract to provide for the formation of a joint meeting for the joint procurement of natural gas, electricity and other forms of energy as permitted by N.J.S.A. 40A:65-14 et seq; and

WHEREAS, the statutes regulating the creation and establishment of a Joint Meeting contain a mechanism for local units to aggregate their collective energy consumption in order to negotiate and contract for energy in a cost-effective, environmentally sensitive manner, furthering the public interest entrusted to such a Joint Meeting; and

WHEREAS, the governing body of the Township of Jackson has determined that membership in the Joint Meeting is in the best interest of the Township; and

NOW, THEREFORE BE IT RESOLVED, that the governing body of the Township of Jackson does hereby resolve and agree to become a member in the New Jersey Sustainable Energy Joint Meeting (NJSEM) for the purpose of joining with other Local Units in the State to aggregate purchasing power of energy so as to achieve financial savings and to encourage Local Units to cooperate in seeking ways to jointly implement sustainable energy alternatives;

BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Joint Contract Joinder Agreement, attached hereto, and that Philip DelTurco hereby designated to represent the Township of Jackson as a member of the State Management Committee of the NJSEM; and

BE IT FURTHER RESOLVED that the Mayor is authorized and directed to execute such other documents signifying their membership in the NJSEM, and make payment of the Initial Membership Fee of $600 as required by the NJSEM’s Bylaws and to deliver same to the Executive Director of the NJSEM.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Executive Director of the NJSEM, Ocean County JIF, Township Administrator, Chief Financial Officer, Philip DelTurco and any other interested parties.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

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RESOLUTION NUMBER: 236R-09 TITLE: RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE US DEPARTMENT OF ENERGY - ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM

MOTION TO APPROVE BY: RIVERE MOTION SECONDED BY: MARTIN YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, the US Department of Energy has announced funding to eligible municipalities as part of the Energy Efficiency and Conservation Block Grant Program

WHEREAS, the Township of Jackson is eligible to receive $464,500 in grant funds to reduce the total energy use in the municipality;

WHEREAS, the Township intends to request funding for the implementation of a LED street light program in the Township.

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Township of Jackson support an application to the US Department of Energy’s Energy Efficiency and Conservation Block Grant Program.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION NUMBER: 237R-09 TITLE: AUTHORIZE SPECIAL PROJECTS ENGINEER, CMX, TO ASSIST THE TOWNSHIP WITH THE SUBMISSION OF THE U.S. DEPARTMENT OF ENERGY – ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM APPLICATION

MOTION TO APPROVE BY: RIVERE MOTION SECONDED BY: MARTIN YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, the Township of Jackson appointed CMX as Special Projects Engineer on January 1, 2009; and

WHEREAS, the Township has determined a need for assistance with regard to the application process associated with applying for the U.S. Department of Energy – Energy Efficiency and Conservation Block Grant application; and

WHEREAS, the Township of Jackson desires to appoint CMX to assist the Township in that submission to the U.S. Department of Energy; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires the Notice of a resolution authorizing the award of contracts for “Professional Services” without competitive bids must be publicly advertised; and

WHEREAS, the maximum amount of this contract is $2,450.00 and the Chief Financial Officer has certified that sufficient funding exists for this purpose.

• NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows:
• That CMX is hereby authorized to assist the Township of Jackson in the application and submission of the U.S. Department of Energy – Energy Efficiency and Conservation Block Grant Program as per the attached proposal dated May 18, 2009.

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2. The Mayor and Township Clerk are hereby authorized to execute and deliver the contract attached hereto to said appointee.
3. A Notice of this appointment shall be advertised as required by law.
4. That upon the adoption of this resolution, the Clerk is authorized and directed to forward a certified copy of it to the Administrator, Chief Financial Officer, Joanne Bergin (CMX) and any other interested parties.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION NUMBER: 238R-09

TITLE: AUTHORIZE SUBMISSION OF 2010 RECREATIONAL OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES GRANT APPLICATION

MOTION TO APPROVE BY: RIVERE MOTION SECONDED BY: MARTIN YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, the Township of Jackson desires to apply for and obtain a 2010 grant from the State of New Jersey, Department of Community Affairs to carry out a program to provide recreational and educational opportunities and activities for individuals – adults and children with disabilities in the Township of Jackson; and

WHEREAS, the Jackson Township Commission for the Disabled/Handicapped Commission will prepare and submit, on behalf of the Township, the 2010 Recreational Opportunities for Individuals with Disabilities Grant application by June 30, 2009;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey that:

1. The Mayor and Township Council do hereby authorize the application for an execution of a contract for the receipt of such a grant from the New Jersey Department of Community Affairs and does further, upon the execution of such a contract, authorize the expenditure of such funds pursuant to the terms of said contract between the Township of Jackson and the New Jersey Department of Community Affairs.
2. Be it further resolved that the persons whose names and titles below are authorized to sign the application, the contract and any other documents necessary in connection therewith:
3. Michael Reina, Mayor
4. Ann Marie Eden, RMC – Township Clerk
3. Copies of this resolution to Municipal Administrator, Chief Financial Officer, Jackson Township Commission for the Disabled/Handicapped and any other interested parties.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

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RESOLUTION NUMBER 244R-09 TITLE: RESOLUTION TO CANCEL 2009 PRIOR TEMPORARY AND EMERGENCY TEMPORARY APPROPRIATIONS

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, upon the conclusion of the CY 2009 Municipal Budget Workshops, the Township Council of the Township of Jackson has determined the need to amend appropriations in certain line items (as noted below) resulting in the need to amend/cancel prior CY 2009 temporary and emergency temporary appropriations; and

WHEREAS, at this time it is necessary to formally cancel said temporary appropriations to reduce the appropriation, so as to reflect the reduction in the adopted budget an amount less than what was appropriated in the temporary and emergency temporary budget.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey that the below appropriations listed be cancelled:

Historical Commission-S&W

Park Maintenance-Other Expenses

$650.00 $58,687.50

1. 1. Copies of this resolution to the administrator, Township Auditor, and the Chief Financial Officer, and certified to the Director of the Division of Local Government Services.

DATED: 06/09/09

ANN MARIE EDEN, RMC TOWNSHIP CLERK

RESOLUTION NUMBER: 245R-09

TITLE: AUTHORIZE CONTRACT AWARD TO EARLE ASPHALT COMPANY FOR THE PROJECT KNOWN AS “2009 PAVEMENT OVERLAY OF VARIOUS ROADWAYS”

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, the Township Engineer, Daniel Burke, P.E., has requested authorization to award a contract for pavement overlay of various roadways within Jackson Township; and

WHEREAS, Jackson Township previously advertised for the receipt of bids on June 3, 2009 at 10:00 a.m. for pavement overlay of various roadways within Jackson Township; and

WHEREAS, the following bids were submitted for this proposed work:

8. Meco Inc.
9. Lucas Construction Group
10. CJ Hesse

$648,937.50 $657,000.00 $719,300.00

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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 Earle Asphalt Company submitted the lowest responsible bid; and

WHEREAS, the Township Engineer, Daniel Burke, P.E. has recommended that the bid for pavement overlay of various roadways be awarded to Earle Asphalt Company; 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 2009 pavement overlay of various roadways to Earle Asphalt Company in the amount of $583,213.13. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.
2. Certified copies of this resolution to Earle Asphalt Company, P.O. Drawer 556, Farmingdale, NJ 07727, Township Administrator, Chief Financial Officer, Township Engineer Daniel Burke, Purchasing Department and any other interested parties.

DATED: 06/09/09

ANN MARIE EDEN, RMC TOWNSHIP CLERK

COUNCILWOMAN UPDEGRAVE: Made a motion to implement the five-minute rule.

COUNCIL PRESIDENT KAFTON: The five-minute rule allows everyone to speak, but for five minutes.

CLERK EDEN: That’s correct. That can be added to the Consent Agenda that can be considered 247R-09, since we took that off. I have a note here from Einhorn Construction regarding 239R-09. On June 4^{th} I received a letter and distributed it to Council. Einhorn Construction has proposed to complete the work by July 2009. I think that needs to be considered prior to taking any action on the Resolution to commence the draw down.

COUNCIL PRESIDENT KAFTON: Anyone have a problem pulling that off temporarily? Council Vice President Rivere, no. Council President Kafton do we have any homeowners here to speak on this? Can we give her the opportunity to speak? Attorney Gilmore absolutely. Council President Kafton you can make a comment on this.

A WOMAN RESIDENT FROM 4 BEAR TRAIL: When do they propose to complete that? Council President Kafton replied the middle to the end of July. The resident would like to know how many extensions are usually granted in a situation like this? Clerk Eden replied this is the first one. Attorney Gilmore stated you can add a paragraph to the Resolution that no action will be taken unless the work is not done by August 1st that way it does not have to come back again before this Governing Body.

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CONSENT AGENDA, ONE VOTE FOR ALL OF THE FOLLOWING RESOLUTIONS:

RESOLUTION 234R-09 TITLE: AUTHORIZE TAX OVERPAYMENT REFUNDS

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

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:

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 and respective taxpayers, and any other interested parties.
3. 3.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION 239R-09

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING THE COMMENCEMENT OF DRAW DOWN PROCEEDINGS AGAINST THE PERFORMANCE BOND POSTED BY EINHORN CONSTRUCTION, FOR BEAR TRAIL A/K/A BLOCK 66.09, LOT 31

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, a Performance Bond has been posted with the Township to secure completion of the development project in Jackson Township known as Bear Trail; and

WHEREAS, the Township Engineer has reported that, despite repeated inspections and punch lists, the developer has failed to properly complete the work for Bear Trail; and

WHEREAS, Albert Yodakis, T&M Associates, Township Engineer has recommended that the Township commence draw down proceedings in a letter dated May 21, 2009, against the Performance Bond for Bear Trail; and

WHEREAS, the Township Council agrees that no action will be taken prior to August 1, 2009 and await a report from the Township Engineer, based on a letter from Einhorn Construction dated June 3, 2009 citing a completion date of outstanding items by the end of July, 2009;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, as follows:

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1. Einhorn Construction is hereby allowed until August 1, 2009 to complete all outstanding items required in reference to their Performance Bond.
2. That the Township Engineer and Township Attorney are hereby authorized to commence draw down proceedings against the performance bond posted for the development project known as Bear Trail after August 1, 2009, should any outstanding items remain.
3. That upon the adoption of this Resolution, the Clerk is authorized and directed to forward a certified copy of it to the Developer, First Indemnity of America Insurance Company, Township Engineer, Township Attorney, Administrator and Chief Financial Officer.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION 240R-09

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING REDUCTION TO THE PERFORMANCE GUARANTEES POSTED BY K. HOVNANIAN FOR FOUR SEASONS AT METEDECONK, SECTION 5 (BIGOS) LOCATED ON BLOCK 143.01, LOT 1.02

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, K. Hovnanian has requested a Reduction of the Performance Guarantee posted for Four Seasons at Metedeconk, Section 5 (Bigos) located on Block 143.01, Lot 1.02, Jackson Township; and

WHEREAS, the following Performance Guarantees currently in place are:

1. Performance guarantee in the form of Bond #0423104 in the amount of $225,313.11 issued by International Fidelity Insurance Company 2. Cash Guarantee in the amount of $25,034.79
2. WHEREAS, Michael G. Miller, Township Engineer, T&M Associates, has reviewed and approved the reduction of the Performance Guarantee in a letter report dated May 26, 2009 in the following amount:
1. Reduction of the Performance Bond to not less than $67,593.93
2. Reduction of the Cash Guarantee to not less than $7,510.44

WHEREAS, the Township Council of the Township of Jackson has considered the application and the report of the Township’s Engineer;

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance Bond is hereby reduced from $225,313.11 to not less than $67,593.93 and the Cash Guarantee from $25,034.79 to not less than $7,510.44. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION 241R-09 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO LENNAR OF THE CASH BONDS ISSUED FOR VARIOUS BLOCK AND LOTS AS FOLLOWS

MOTION TO APPROVE BY: MARTIN

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MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, Lennar has requested the release of cash bonds for winter conditions for various Block and Lots, Jackson Township as follows:

WHEREAS, Michael G. Miller, Township Engineer, T&M Associates, has reviewed and approved the release of said cash bonds in letter reports dated May 29, 2009, which letter reports are made a part hereof; and

WHEREAS, the Township Council of the Township of Jackson has considered the application and the reports 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 Cash Bonds for winter conditions heretofore posted with the Township may and hereby are released to Lennar.

The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION: 242R-09

TITLE: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH COMMUNITY SERVICE, INC., OF OCEAN COUNTY

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, the County of Ocean funds the Ocean County Nutrition Project for senior citizens; and

WHEREAS, pursuant to said program, Community Services, Inc., of Ocean County (“CSI”) provides hot meals to senior citizens; and

WHEREAS, CSI requires a facility at which to distribute meals to senior citizens; and

WHEREAS, CSI desires to use a designated area at the Jackson Township Senior Center for the distribution of meals to senior citizens; and

WHEREAS, the Township desires to enter into a contract which permits CSI to utilize a designated portion of the Township’s Senior Citizen Center for the distribution of meals to senior citizens.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

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1. That the Mayor is hereby authorized to execute, and the Clerk to attest to, the Agreement with Community Services, Inc., of Ocean County, which is attached hereto as Schedule A.
2. That the purpose of the Agreement is to facilitate the distribution of hot meals to senior citizens in a designated portion of the Jackson Township Senior Center.
3. That a certified copy of this resolution shall be provided by the Township Clerk to Community Services, Inc., of Ocean County.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION: 243R-09

TITLE: AUTHORIZE RENEWAL OF A CAMPGROUND LICENSE FOR TIP TAM CAMPING RESORT A/K/A BLOCK 14301, LOT 13 (301 BREWERS BRIDGE ROAD)

MOTION SECONDED BY: MARTIN MOTION TO APPROVE BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, Tip Tam Camping Resort has applied for renewal of Campground License for 301 Brewers Bridge Road, a/k/a Block 14301, Lot 13, Jackson Township;

WHEREAS, Tip Tam Camping Resort has submitted an application in proper form and has paid the required fees; and

WHEREAS, taxes are paid on the premises in question and the appropriate municipal agencies or officers have inspected the premises and have no objection to the renewal of this license.

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 application of Tip Tam Camping Resort for a renewal of a Campground License for the premises known as 301 Brewers Bridge Road, a/k/a Block 14301, Lot 13, Jackson Township, is hereby approved.
2. The Township Clerk is hereby authorized to issue the aforesaid license to the applicant.
3. Said license is issued pursuant to Chapter 73 of the Code of the Township of Jackson for a period commencing July 1, 2009 and ending June 30, 2010.
4. Said license is issued subject to any and all restrictions imposed by the Jackson Township Zoning Board of Adjustment and the Jackson Township Planning Board.
5. That upon the adoption of this resolution, the Township Clerk is authorized and directed to forward a certified copy of it to the Township Administrator and Tip Tam Camping Resort.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION 246R-09

TITLE: AUTHORIZE RENEWAL OF PET SHOP LICENSE FOR THOMAS AND DENISE SCALA, T/A DEE DEE'S DOODLES

MOTION SECONDED BY: MARTIN MOTION TO APPROVE BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

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WHEREAS, the applicant, Thomas and Denise Scala, t/a Dee Dee’s Doodles, 21 S. Hope Chapel Road Jackson, New Jersey, has submitted an application for renewal of the license to operate a Pet Shop at the premises as set forth below pursuant to Chapter 73 of the Jackson Township Code; and

WHEREAS, the applications are in proper form, the proper fees have been paid and taxes have been paid up-to-date on the premises in question; and

WHEREAS, all involved municipal agencies and officials have either reviewed the applications or inspected the premises and have no objection to the renewal of the license.

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. That the Township Clerk is hereby authorized to deliver the applicant, Thomas and Denise Scala, t/a Dee Dee’s Doodles, 21 S. Hope Chapel Road, Jackson, New Jersey, a renewal of the Pet Shop license commencing immediately and terminating January 31, 2010.
2. This license is issued subject to applicant’s continued compliance with conditions and requirements as follows:
3. A.Payment of all outstanding fees and taxes.
4. B.The applicant shall conform to all laws and regulations required by Chapter 73.
5. C.The applicant obtaining all other local, County and State permits.
3. That upon adoption of this resolution, the Clerk is authorized and directed to forward a certified copy of it to Thomas and Denise Scala, t/a Dee Dee’s Doodles.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

RESOLUTION 247R-09

TITLE: IMPLEMENTING A FIVE-MINUTE RULE FOR A PUBLIC COMMENT

MOTION SECONDED BY: MARTIN MOTION TO APPROVE BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

WHEREAS, the Jackson Township Council Meetings have been well attended by the public; and

WHEREAS, at the public portion of the meeting, many residents of the Township would like to express their views to the Mayor and governing body concerning issues that they believe are important to the town; and

WHEREAS, the public portion can be quite lengthy and some individuals have to wait a significant period of time before they have an opportunity to address the Mayor and governing body; and

WHEREAS, it is the desire of the Township Council to implement a five-minute rule so that any individual wishing to address the governing body has as time limit of five minutes; and

WHEREAS, this policy would RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

1. 1. That the Township Council does hereby formally adopt a five-minute rule for public comments at Township meetings. Any individual may address

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the governing body but is limited to five minutes and at the end of the five minutes, must end their comments to allow other individuals to address the governing body. Any individual has the right to speak more than once, but the second opportunity to speak will come only after every other resident at the meeting has been afforded an opportunity to address the governing body.

2. That the Township Clerk shall be in charge of enforcing the five-minute rule by advising a speaker when their five minutes has elapsed.

DATED: 06/09/09

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

DISCUSSION AGENDA:

ADMINISTRATOR DEL TURCO: Capital Budget Review. I’d like to give to Council a list of the budget and the revenue section incorporated in it and the amendments to date. What I’ve provided to Council is a summary of the amendments as the hearings have been conducted with a reduction in appropriations of $167,200.00. I’ve introduced budget changes with Council’s budget workshops and the revised appropriations, so I reduced the amount to be raised by taxation by the same amount to balance the budget. The new budget is $40,588,652.43. The surplus anticipated returning back to taxpayers is surplus earned $4,850,000.00.

COUNCIL PRESIDENT KAFTON: Asked if anyone on the Council has any questions on Capital? Council Vice President Rivere asked if we’ll have another chance to question before we adopt on the 23rd. Mr. Del Turco responded yes, that would be during the public hearing on the budget. Council President Kafton regarding precious metals and gems, Toms River, and Brick have an Ordinance in place and we should as well on this. Maybe if the Council is in agreement we can have Mr. Gilmore’s office draw up something to put on for Ordinance for first reading at the next meeting. He went on to say there was a family that had a fire in February of last year and lost their entire house and they still haven’t been able to have their house rebuilt which seems to open a potential Ordinance that might be needed from the Township where if someone had a catastrophe or a fire there should be a way to wave fees and getting the house built as soon as possible without having to go before Zoning again if they’re rebuilding the same house again. Council Vice President Rivere asked is there a way to expedite this for this family? The second question there’s an Ordinance in place could we amend this Ordinance without creating a new Ordinance? Council President Kafton stated we’ll have to check with the Attorney. The family has gone before the Zoning Board and has gotten all their approvals. Mayor Reina stated what Council Vice President Rivere is asking for was already done back in January. A Variance was given by the Zoning Board and approved by the Zoning Board. This family was not put through a bureaucratic nightmare at all. Council President Kafton replied if something like this happens in the future it’s our obligation as a Municipality to make things move as swiftly as possible. Mayor Reina stated it was done according to all rules and regulations Council President Kafton noted that the Building Department and the Zoning Office should be able to grant a waiver and issue all the permits they need immediately and possibly waive the fees involved. Attorney Gilmore replied there is no State Statute authorizing us to waive the fees.

TOWNSHIP CLERK EDEN: On June 29th the petitions will be available for those running in the November 3, 2009 election said petitions are due back to me by September 10th by 4pm. Council Vice President Rivere asked what is the number of signatures required for the petitions. Township Clerk Eden replied 347 valid signatures are needed to qualify to run for Mayor or Council and that number will change come next year. Township Clerk Eden advised the Council that she received a petition protesting the passage and approval of Ordinance 10-09 and under this form of Government the people do have the right to do this. The form and the content of the petitions are valid based on the Statute. It was filed in my office June 3rd and I have 20 days to certify the validity of 382 signatures so on or before June 23rd. I will have drawn my conclusion as to the

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validity of the number that are required to sign. Council President Kafton asked once you’ve done that it gets put on the November ballot? Clerk Eden responded no. Attorney Gilmore once the 20 day period is up if the Clerk finds the petition is sufficient in regard to the number of signatures she has to advise the Governing Body at the next Council meeting which is the 23rd and the Governing body will have 20 days to rescind the Ordinance. If no action is taken, the Petitioners will have ten days to withdraw the petition. Mr. Gilmore goes on to discuss the details of the petition and its rules.

PUBLIC HEARING, ANY TOPIC

TODD PORTER – DAWN CYPRESS DRIVE: Mentioned that he doesn’t believe the five-minute rule will help. Discusses the importance of rebuilding on an existing footprint and staying within the original parameters.

STEPHANIE BROWN – 310 SO. NEW PROSPECT ROAD: Discussed a book she’s writing and goes on to discuss the Legler Landfill and whether they are still doing inspections there. Council President Kafton responds yes, they’re still conducting inspections there.

SHERI WILLIAMS – 4 COLUMBINE DRIVE: Discussed the feral cat problem and the liability of the landlords.

MRS. MARSALA – 16 KINGS NORTH ROAD: She would like a copy of Ordinance 10-09. She questioned the law regarding building permits and if there is a time period to use the permits. Council President Kafton responded yes, three years or less it.

DAN GROSS – 18 POINTE CIRCLE: He suggests adding the information on the prescription bus to Channel 77. Discussed the feral cat Ordinance, and the line issues, and whether or not there's a cap on the vouchers. Councilman Martin mentions that we're already spending this money in other ways dealing with the cats we're going to save money by doing the TNR program.

ANGELO STALLONE – 14 ELANA DRIVE: Asked Mr. Del Turco about the surplus he previously mentioned in the budget. Administrator Del Turco stated he could provide more information right after the meeting, which includes an analysis. Mr. Stallone stated he is worried that this will create a bigger increase in next year's taxes. He then polled the Council about their feeling on the decision to keep only one million in surplus. Attorney Gilmore responded that Council does not have to be polled unless they want to be polled. Administrator Del Turco goes on to address Mr. Stallone's questions on the Capital Funds.

JOSEPH BRILL – 100 MURIFIELD ROAD: Discussed Westlake Mews and reads something to Council regarding Affordable Housing and COAH. Discussed his concerns regarding rent caps.

RICHARD EGAN – 24 OVERLOOK DRIVE: Stated that with regard to the open space he believes we should leave it up to the people to vote on.

MRS. MARSALA – 16 KINGS NORTH: Asked where she can get a copy of the Ordinance which Township Clerk Eden advised that she can obtain a copy from the Clerks Office.

MIKE MONDELLA – PRESIDENT JACKSON LITTLE LEAGUE: Commented on the petition presented. He spoke about the Jackson Little League’s lease and that it’s not just a $500.00 a month lease involved. He discussed numerous other expenses involved and if you add on a special election on this Ordinance it’s absolutely ridiculous.

KEN BRESSI – 462 DIAMOND ROAD: Regarding Council President Kafton’s comment regarding the three year use it or lose it. That is not a true statement it is a vague question to answer that way. If they don’t break ground within three years and

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don’t come in for an extension they lose it, but if they apply for the extensions it could be up to twenty years.

SHAWN STACKER – 20 SHORT HILLS: Mentioned that he’s one of the Petitioners against 10-09. He mentioned he feels the girls’ softball made a mistake by not attending the meeting where the Ordinance was discussed and passed. We were told by the Mayor and Councilman Martin not to come to the meeting. Councilman Martin replied when I saw that Ordinance on the agenda, I pulled it to give you an opportunity to come here and make your case.

MEREDITH ACACIA – ASPEN COURT: She has two sons and a daughter one son plays in Little League and her daughter plays softball and on the same weekends one is cancelled and one is playing. This involves many families in town and she wants to know what's being done to give the girls an opportunity to make up games. She mentioned this weekend Saturday and Sunday games were cancelled and she has not played a game for three weeks. Council Vice President Rivere discusses Mr. Beja coming in and trying to work this out. She stated that she and the Mayor would be more than happy to sit down and discuss these issues.

MR. DEMINO – TREASURER OF JACKSON LITTLE LEAGUE - 3 NANCY COURT: He mentions that everyone is aware of the problems with the girls’ fields. He discussed the fact the Little League lobbied to be able to maintain their own fields. I’ll agree that the girls’ fields need improvement. If any one in the town needs a field they (Little League) get it. Councilwoman Updegrave mentions that she would have like to be on a family emergency. She mentions on the meeting date she was not available due to a family emergency. Mr. DeMino stated basically the way the petition was put out there is “do you want the girls to have the same playing conditions as the boys.” Councilman Martin asks if there are specific fields designated for the girls. Mr. DeMino replied yes, there are.

PATRICIA WOOD – DEPARTMENT OF PUBLIC WORKS: I’d like to let Council know that until four weeks ago we were not getting correspondence about these problems with the field conditions. Our senior groundskeeper has been checking on the field conditions regularly and we are doing our best to improve the conditions. Administrator Del Turco stated the Public Works Director did contact me and because of all the rain it has been difficult to maintain the fields but they have been trying to get caught up.

DAN GROSS – 18 POINTE CIRLE: Does anybody know how many houses were not built because of the three-acre zoning? Council President Kafton stated it was estimated about three thousand, but I have nothing in front of me. Mr. Gross asked about the asked about the Tree Ordinance do we know what that cost Jackson. Council President Kafton replied he did not have that information in front of him but the Tree Ordinance collected over a million dollars. Mr. Gross replied did it cost us that much to do the Ordinance? Council President Kafton responds no. Mr. Gross inquired about an article he read concerning cutting back on professional service fees and has it been done? Councilman Tilis replied that he just pointed out how much we spent last year and this year. Mr. Gross asked what is the purpose of the Precious Metal Ordinance? Council President Kafton stated if someone gets robbed, also they cannot just go and sell the gold/metals they need to provide their identification in order to sell the product.

ANTHONY BEJA – 649 TOMS RIVER ROAD: I just want to address 10-09, the petition, it was not meant to hurt anyone. As the fields were funded with taxpayer dollars I believe that giving a private self-funded organization a lease for 25 years is wrong. He then stated that Mr. Martin keeps bringing up the savings, if Little League didn't play 700 games on those fields how much would the Town have to spend to maintain the fields? If Little League didn't have a lease on those fields would the Township have to pick up the fee for maintaining those fields? Councilman Martin replied this has been covered, you may not like the answer. A decision was made a couple of years ago that would benefit the Town, we support every sports league in the Town. Public Works has many jobs in Town and maintaining the fields is not one of them. Mr. Beja stated he reviewed the lease and it doesn't seem like a good deal to anyone.

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MIKE MONDELLO – PRESIDENT JACKSON LITTLE LEAGUE: In all the years that I’ve been involved in Little League I’ve never seen a rainier April, we got rain every single day. I cannot listen to the supervisor of girls’ softball be slammed, she is on the phone with me constantly, they run her ragged and there is no making the people of her organization 100 percent happy. She works her butt off. I wish I had an employee like Natalie.

TONY DELVECCIO - 14 SUNNYWOODS LANE - PRESIDENT HOLBROOK LITTLE LEAGUE: He stated that we’ve had permits at Bartley Road since it was built and Camp Joy for over 20 years we never had a problem sharing the fields with the girls. I believe they have nine fields available to them. When I coached the girls there were never any problems.

MARK PURCELLA – PRESIDENT JACKSON POP WARNER: I can tell you that these leases are good for everyone. We should sit down and try to work this out. Things have always been worked out. We’ve never walked out of a room without agreeing what has to be done, to run these leagues it’s constant manpower. I think this can be worked out and we should look to save the $40,000.00 that this will end up costing the Township.

RICHARD ZAUNER – 109 NORTH COUNTY LINE ROAD: He asks Mr. Gilmore to elaborate on the definition of “grandfathered.” Attorney Gilmore clarified the definition of “grandfathered”. Mr. Zauner asked whether there’s an expiration date on a Judge’s decision. Attorney Gilmore stated without the facts he cannot answer the question.

MOTION TO CLOSE PUBLIC COMMENT BY: MARTIN MOTION SECONDED BY: RIVERE

YES: MARTIN, TILIS, UPDEGRAVE, RIVERE, & KAFTON

MOTION TO ADJOURN BY: MARTIN MOTION SECONDED BY: RIVERE YES: MARTIN, TILIS, UPDEGRAVE, RIVERE & KAFTON

11:25 p.m.

RESPECTFULLY SUBMITTED,

COUNCIL PRESIDENT KAFTON

ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

AME/dmk