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ROLL CALL:

COUNCILWOMAN INGRAM COUNCILMAN MARTIN COUNCILMAN STALLONE COUNCIL VICE PRESIDENT GUDAITIS COUNCIL PRESIDENT UPDEGRAVE (absent)

ATTORNEY STEVE FORAN TOWNSHIP CLERK EDEN

ALSO IN ATTENDANCE 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.

CLERK EDEN explained items had been removed from the Executive Session and stated under Litigation/Potential Litigation the COAH element regarding Commodore Point was removed because Mr. Russo was not in attendance plus the matter of Johnson Park had been removed. She advised the Council that Glen Bouthillette resigned as a Zoning Board alternate leaving a vacancy to fill. Councilman Martin stated at the last meeting during the caucus they discussed EMS and asked Council Vice President Gudaitis if there was any additional information since the First Aid Subcommittee met? Council Vice President Gudaitis explained they were waiting for the Mayor's Forum because the questions that were asked had been answered and any new questions coming as a result of the Mayor's Forum would then be answered. Councilman Martin asked when and where the Mayor would hold that meeting and if all members of the Council would be able to attend. Council Vice President Gudaitis stated no date had been given and he believed the meeting would take place in the Fine Arts building and it would be advertised and open to the public.

RESOLUTION 468R-07

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

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

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:

Page 2 of 29

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

DATED: 11/08/07

ON THURSDAY 8, 2007 THE JACKSON TOWNSHIP COUNCIL HELD IT'S MEETING, COMMENCING AT 7:30 P.M. IN THE MAIN MEETING ROOM OF THE MUNICIPAL BUILDING. SAID MEETING WAS OPENED WITH THE PLEDGE OF ALLEGIANCE.

ROLL CALL:

COUNCILWOMAN INGRAM COUNCILMAN MARTIN COUNCILMAN STALLONE COUNCIL VICE PRESIDENT GUDAITIS COUNCIL PRESIDENT UPDEGRAVE (absent)

ATTORNEY STEVE FORAN TOWNSHIP CLERK EDEN

ALSO IN ATTENDANCE ADMINISTRATOR DEL TURCO MAYOR SEDA

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.

CLERK EDEN stated Mr. Kitay was unable to attend and they would hold this until the November 27th Council meeting.

COUNCILMAN STALLONE read the Resolution stating the month of November is recognized at National Caregivers Month.

WHEREAS, the Township Council of the of Township of Jackson desires to recognize the month of November as National Family Caregiver Month; and

WHEREAS, the Ocean County Board of Social Services is, with the Ocean County Office of Senior Services, part of the New Jersey EASE public collaborative and works closely with government agencies and with concerned private organizations, including hospitals, to give patients a welcomed alternative to institutionalized care; and

WHEREAS, home care not only emphasizes the dignity, comfort, and independence of patients but also affirms the importance of family love and

Page 3 of 29

support to their well-being and enables clients to prevent, or to postpone, costly hospital stays and other forms of institutional care; and

WHEREAS, countless numbers of lives have been touched by family caregivers thereby improving the quality of life for these citizens of New Jersey.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Jackson hereby joins the Ocean County Board of Social Services together with Governor Jon S. Corzine in celebrating Nation Family Caregiver Month during the month of November 2007 recognizing the family caregivers in our State who so selflessly give of themselves to provide care to their homebound loved ones

Ann M. Updegrave Council president Jason J. Gudaitis Council Vice-President Councilwoman Emily Ingram Councilman Scott R. Martin Councilman Angelo Stallone

COUNCILWOMAN INGRAM thanked Eric Schubiger and his staff for the Town Hall Halloween festivities stating many children came out and enjoyed themselves and how beautiful all the department decorations were. She wished everyone a happy and healthy Thanks Giving and a safe trip home.

COUNCILMAN MARTIN stated Safe Trick or Treat was a great success and all the shows were outstanding and he wished everyone a great Thanks Giving and a safe ride home.

COUNCILMAN STALLONE stated the stickers to identify young drivers with provisional licenses should be available for distribution next week. He then addressed the public’s concern regarding cell towers and stated “T” Mobile showed some interest in leasing land on the west side of town and the Mayor would be negotiating with them. He then advised the public that Saturday, November 10th at 11:00 am the Senior Center would have a ceremony to honor all veterans and welcomed everyone. He thanked everyone for coming.

COUNCIL VICE PRISIDENT GUDAITIS reminded everyone the meetings were held for meaningful and respectful discussion on township business and personal political grandstanding would not be tolerated.

MAYOR SEDA stated the celebration at the Senior Center on Saturday was open to everyone and encouraged everyone to attend to pay tribute to those who paid the ultimate sacrifice so that we could enjoy the freedom we have today.

CLERK EDEN explained the order of the meeting was changed.

PAUL MAYEROWITZ-91 CYPRESS POINT LANE: He asked about the budget transfer resolution and the $95K for legal bills and if there was an unusual amount of service provided? Mayor Seda explained the legal bills have exceeded previous years bills and they have finally put to rest the affordable housing obligation which was a tremendous undertaking because if they didn’t they couldn’t file their compliance plan to fight off the builders who would otherwise come in and file suit to rezone and develop properties. Mr. Mayerowitz questioned a consent resolution that had to do with

Page 4 of 29

preparation of writing a RFP for legal services and asked why couldn't it be done in- house rather than hire an outside person? Clerk Eden clarified the Council would authorize the RFP’s for all legal and professionals services for the calendar year 2008, and it is done in-house.

SEAN GIBLIN-515 SO. COOKSBRIDGE ROAD: He asked Clerk Eden if the proposals go to the law firm to prepare? Clerk Eden explained it was done in house and they basically change the date. He then asked about Resolution 480R-07 and thanked them for having it put online so promptly and asked why the assessed valuation of Jackson went down $300 million in one year. Councilwoman Ingram felt it was simply a typographical error by the auditor but the totals at the top of the page were correct. Mr. Giblin stated the auditor was given a $50K increase and copied numbers wrong. Administrator Del Turco stated he would contact the auditor. Mr. Giblin spoke of the reserve and additional funds that the Mayor clarified by explaining various increases to pension funds, contracts, etc. and stated as a prior elected official he knew what the figures meant and was just asking for the sake of asking because he understood the budget and welcomed him to come to his office any time to discuss it and get documentation. Councilman Stallone told Mr. Giblin that his administrator prepared a budget that was more but Mr. Giblin disagreed and then asked Councilwoman Ingram about the Cardinalli liquor license and she explained when she asked Administrator Santos about the check she was told it was included in the prior years budget and it went into unanticipated revenue for 2005 and confirmed it with the auditor. He then asked how much of this year's budget is in the unanticipated line? Administrator Del Turco explained you don't budget for unanticipated revenue. Mr. Giblin stated the Council gives the Mayor card-blanch in doing what he wants, when he wants and he wanted to point out that there are faults with that. He then asked Clerk Eden about the last meeting were Councilman Stallone stated, for the record, he didn't like him and wanted to make sure it was included in the minutes of the meeting and asked to have them tabled until she could check.

PAUL MAYEROWITZ-91 CYPRESS POINT LANE: He stated to Mr. Giblin that there was no revenue in the 2006 budget for non-budgeted revenue because if they knew what the revenues were going to be in 2007 it would have been a budgeted event. He added in 2006 they had about $1 million of non-budgeted revenue and in 2005 they had the same amount and felt they could assume the same in 2007. Administrator Del Turco explained any revenue classified as unanticipated revenue in that accounting year directly affects fund balance and is returned to the budget every year. Mr. Mayerowitz asked Council Vice President Gudaitis if he could ask about the audit or if he should wait and Mr. Gudaitis suggested waiting until the public portion of the meeting.

MOTION TO CLOSE PUBLIC HEARING, RESOLUTIONS ONLY BY: STALLONE MOTION SECONDED BY: MARTIN YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

RESOLUTION 469R-07

TITLE: TO AMEND 2007 BUDGET TRANSFER RESOLUTION #1

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

WHEREAS, under the provisions of N.J.S.A. 40A:4-58, “Should it become necessary, during the last 2 months of the fiscal year, or the first three months of the

Page 5 of 29

current year to expend for any other purposes specified in the budget an amount in excess of the respective sums appropriated therefore and there shall be an excess in any appropriations over and above the amount deemed to be necessary to fulfill the purpose of such appropriation, the governing body may, by resolution setting forth the facts, adopted by not less than 2/3 vote of the full membership thereof, transfer the amount of such excess to those appropriations deemed to be insufficient; no transfers may be made to appropriations for contingent expenses or deferred charges."

WHEREAS, certain appropriations listed herein have amounts in excess necessary to fulfill its purpose and others have insufficient funding for the calendar year. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Township Council of the Township of Jackson, County of Ocean, State of New Jersey that:

ANN MARIE EDEN, R.M.C.

Page 6 of 29

TOWNSHIP CLERK

RESOLUTION 474R-07- NOT USED

RESOLUTION 478R-07

TITLE: AUTHORIZE THE APPOINTMENT OF PHILIP DELTURCO, TOWNSHIP ADMINISTRATOR, AS JACKSON TOWNSHIP’S MUNICIPAL HOUSING LIAISON TO OVERSEE THE AFFORDABLE HOUSING PROGRAM OF THE TOWNSHIP OF JACKSON

MOTION TO APPROVE BY: MARTIN MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

WHEREAS, the Governing Body of the Township of Jackson has filed for a Declaratory Judgment pursuant to the Fair Housing Act (“FHA”) and has sought the Court’s declaration of the Township’s compliance with the FHA and has received a Judgment of Repose issued by the Court regarding the Township’s first cycle obligations under the FHA and is now in the process of seeking and obtaining a Judgment of Repose for the Township’s second cycle obligation; and

WHEREAS, the Township of Jackson’s Fair Share Plan promotes an affordable housing program pursuant to the Fair Housing Act (N.J.S.A. 52:27D-301, et. seq.) and COAH’s Substantive Rules; and

WHEREAS, pursuant to N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et. seq., the Township of Jackson is required to appoint a Municipal Housing Liaison for the administration of the Township of Jackson's affordable housing program to enforce the requirements of N.J.A.C. 5:94-7 and N.J.A.C. 5:80-26.1 et. seq.; and

WHEREAS, the Township of Jackson has amended Chapter 3 entitled Administration of Government, Article VI entitled Department of Administration to provide for the appointment of a Municipal Housing Liaison to administer the Township of Jackson's affordable housing program.

NOW THEREFORE BE IT RESOLVED, by the Governing Body of the Township of Jackson in the County of Ocean, and the State of New Jersey that Philip Del Turco, Township Administrator, is hereby appointed by the Governing Body of the Township of Jackson as the Municipal Housing Liaison for the administration of the affordable housing program, pursuant to and in accordance with Article XII, Section 109 of the Township of Jackson's Municipal Land Use Code.

Copies of this resolution to State of New Jersey Council on Affordable Housing, Township Administrator, Chief Financial officer, Affordable Housing Attorney, John F. Russo, Jr. and any other interested parties.

This resolution will take effect 20 days after the adoption and publication of Ordinance No. 36-07 establishing the position of Municipal Housing Liaison.

DATED: 11/08/07

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

RESOLUTION 480R-07

TITLE: 2006 MUNICIPAL AUDIT-CORRECTIVE ACTION PLAN

MOTION TO APPROVE BY: INGRAM MOTION SECONDED BY: MARTIN YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

Page 7 of 29

WHEREAS, the New Jersey Department of Community Affairs, Division of Local Government Services Notice #92-15 requires that a Corrective Action Plan for the 2005 Municipal Audit be completed and filed with the Clerk or Secretary of the local unit 60 days from the date the audit is received by the Governing Body (October 4, 2007); and

WHEREAS, the Acting Chief Financial Officer has completed and submitted a Corrective Action Plan with the assistance with other Municipal officials affected by the audit recommendations. The Corrective Action Plan is therefore being submitted to the Township Council for their review and approval.

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

JACKSON TOWNSHIP OCEAN COUNTY DATE: November 8, 2007

6-01 That court increase internal control procedures.

ANALYSIS: Deposit transactions were not efficiently maintained regularly in a manner in which discrepancies with the deposit would not be detected until a later date.

CORRECTIVE ACTION: Deposit slips will be verified immediately following each deposit. Also, the deposit process involves 2 people.

IMPLEMENTATION DATE: Has already been implemented.

6-02 That all interfunds be liquidated prior to year-end.

ANALYSIS: Due to bank interest adjustments some interfunds receivable and payable showed balances at year-end. Interfund balances principally originate from interest earned in other accounts obligated to the Current Fund. Advice of interest earned from year-end accounts for the month of December was not available until the receipt of bank statements occurring in January.

Page 8 of 29

CORRECTIVE ACTION: A closer look will be taken at year end to make sure the bulk of these funds are liquidate or turned over to the Current Fund before year end.

DATED: 11/08/07

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

MOTION TO APPROVE BILLS AND CLAIMS BY: MARTIN MOTION SECONDED BY: STALLONE YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

CHECK# VENDOR AMOUNT

75294 VOID -0-

75522 BORGATA CASINO HOTEL 356.00

CHECK# VENDOR AMOUNT

75523 JACKSON TOWNSHIP P/R ACCT 746,006.96

75524 JACKSON TOWNSHIP P/R ACCT 50,500.95

75525 ABI ENTERPRISES 269.10

75526 ACTION OFFICE SUPPLIES INC. 148.12

75527 ALL PRO TRANSMISSIONS 300.00

75528 ALLIED OIL LLC 15,909.90

75529 A.M./P.M. SERVICES 99.00

75530 ANTHONY & TERESA ASARO 1,684.96

75531 ASBURY PARK PRESS, INC. 215.40

75532 BRUCE & BARBARA BAKER 250.00

75533 BALLY'S PARK PLACE CASINO 158.00

75534 SCOTT BLAESS 1,828.96

75535 BRICK STARTER & ALTERNATOR, INC. 790.00

75536 BROUWER HANSEN & IZDEBSKI 105.00

75537 DONNA BUSSICULO 1,116.68

75538 BVI, INC. 2,629.21

75539 CABLEVISION 59.95

75540 CANON BUSINESS SOLUTIONS 4,066.52

75541 VOID -0-

75542 CANYON SPRING WATER 160.15

75543 CARLSON'S AUTOMOTIVE BODY 1,000.00

75544 CARL'S FENCING INC. 463.36

75545 CENTRAL JERSEY WASTE AND 68,627.50

75546 CITTA, HOLZAPFEL & ZABARSKY 625.83

75547 CLARK, CATON & HINTZ CORP. 6,066.47

75548 CMF, INC. 16.25

75549 BRANT S. COLLINS 500.00

75550 COMMERCE NATIONAL INS. SERV. 2,142.00

75551 COMPUSA STORES LP 502.63

75552 COUNTY LINE HARDWARE 600.00

Page 9 of 29

75553 COUNTRY CLEAN, INC. 72.44

75554 DASTI, MURPHY, MCGUCKIN, ET. ALS 528.01

75555 DELTA DENTAL PLAN OF N.J. INC. 21,258.95

75556 DELTA PRODUCTS, INC. 416.21

75557 DIAMOND M LUMBER 3,829.06

75558 DIAMOND COMMUNICATIONS, LLC 3,360.00

75559 DIGISTREAM 1,750.00

75560 DOWN FORD, INCORPORATED 1,761.02

75561 D.W. SMITH ASSOCIATES, LLC 2,500.00

75562 EAGLE MAINTENANCE SUPPLY INC. 340.64

75563 EDWARDS TIRE COMPANY, INC. 176.50

75564 EMTEC INC. 3,254.53

75565 ETW CORPORATION 500.00

75566 NJ E-Z PASS CUSTOMER SVC CTR 21.35

75567 MARIO FERRARI 991.62

75568 FOSTER & COMPANY, INC. 977.41

75569 GENERAL CODE PUBLISHERS CORP. 1,719.00

75570 GENERAL SALES ADMINISTRATION 264.12

75571 VOID -0-

75572 GILMORE & MONAHAN, P.A. 24,191.30

75573 GLUCK, ALLEN & GERTNER, LLC 176.50

75574 GMAC MORTGAGE CORP. 806.23

75575 GRANTURK EQUIPMENT CO., INC. 4,863.76

75576 GREENBRIAR AT WINDING WAYS 7.92

75577 HARMONY FARMS INC. 138.39

75578 DAN HERENAHAK 18.00

75579 I & G FARMS INC. 414.25

75580 IKON OFFICE SOLUTIONS 997.20

75581 INDUSTRIAL WELDING SUPPLY INC. 204.62

75582 JACKSON SR. CITIZENS CLUB, INC. 622.97

75583 JACKSON PUBLIC SCHOOLS 2,497.75

75584 JAMMER DOORS INC. 265.60

75585 VOID -0-

75586 VOID -0-

75587 JERSEY CENTRAL POWER & LIGHT 51,715.16

75588 A-1 JDK SPECIALTIES 20.00

75589 KEER ELECTRICAL SUPPLY CO. 433.60

75590 LAKEWOOD AUTO SUPPLY INC. 104.91

75591 LAWMEN SUPPLY CO. OF NJ, INC. 435.16

75592 MICHAEL P & SUZANNE LAWRENCE 632.67

75593 LEE BATTERY SERVICE, INC. 686.16

75594 SUSAN LOTITO 1,050.00

75595 LOWE'S COMPANIES, INC. 133.92

75596 MAZZA RECYCLING 111,000.00

75597 CHRISTIE MCDONALD 36.00

75598 MERIDIAN OCCUPATIONAL HEALTH 425.00

75599 METICULOUS LANDSCAPING, INC. 6,606.33

75600 MIRACLE CHEMICAL COMPANY 75.90

75601 MITCH LEIGH 2,006.85

75602 MONMOUTH TELECOM 1,349.52

75603 NJ CONFERENCE OF MAYORS 1,140.00

75604 NJ STATE SFDY COUNCIL INC. 50.00

75605 NORMAN'S GLASS & AUTO SVCS, INC. 205.00

75606 OCEAN COUNTY LANDFILL CORP. 6,000.00

75607 OCEAN COUNTY NEWSPAPERS, INC. 253.30

75608 OFFICE NEEDS 1,853.88

75609 OFFICE FURNITURE PLUS, INC. 4,791.00

75610 PMI TECHNOLOGIES 878.75

75611 TOM CLANCY 1,468.55

75612 QUILL CORPORATION 1,154.91

75613 FRED RASIEWICZ, PETTY CASH 145.63

75614 RITTENHOUSE KERR FORD INC. 80.56

Page 10 of 29

75615 BRIAN REMIT 2,342.50

75616 RUSSO & CASSIDY, LLC 20,025.00

75617 RUTGERS YSRC 915.00

75618 RUTGERS, THE STATE UNIVERSITY 215.00

75619 SHOPRITE/PERLMART, INC. 360.18

75620 DENISE M SLOWINSKI 798.38

75621 NJSHBP 259,625.50

75622 STATE TOXICOLOGY LABORATORY 105.00

75623 STRATHALLAN @ JACKSON 5,223.89

75624 CHARLES P TIVENAN 3,246.31

75625 T & M ASSOCIATES, INC. 143.00

75626 T & M ASSOCIATES 700.75

75627 TREASURER, STATE OF NJ 1,875.00

75628 ULINE 1,341.69

75629 MICHAEL CEPPALUNI DBA/UNITED 270.00

75630 UNUMPROVIDENT 7,425.69

75631 UNITED PARCEL SERVICE 159.60

75632 UPSTATE COMPUTERS CORP. 323.40

75633 VAN SANT SEWER SERVICE LLC 148.40

75634 VERIZON WIRELESS 1,521.14

75635 VOID -0-

75636 VERIZON 1,316.34

75637 VERIZON ONLINE 81.22

75638 VETERINARY SURG. & DIAG. SPEC. 138.73

75639 LT R WAGNER 22.35

75640 WALTER R. EARLE CORP. 266.83

75641 W.B. MASON COMPANY 541.63

TOTAL 1,478,633.54

CHECK# VENDOR AMOUNT

10-12 DEV FEES-COAH 6,156.00

4082-4116 DEVELOPERS 154,597.42

361-362 DOG 1,485.95

60737-60740 GENERAL TRUST 40,620.00

61731-61750 PARKS REC 10,512.72

2126 SUBDIVISION 8,313.00

CAPITAL

CHECK# VENDOR AMOUNT

60628 GILMORE & MONAHAN, PA 3,201.00

60629 LAND TEK GROUP, INC. 1,625,854.51

60630 OCEAN COUNTY ENGINEER 42,061.55

60631 RUSSO & CASSIDY, LLC 7,291.68

60632 SEELY EQUIPMENT & SUPPLY 1,420.00

60633 T & M ASSOCIATES 362.79

TOTAL 1,680,191.53

36-07

TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING ARTICLE VI OF THE ADMINISTRATIVE CODE, CHAPTER 3 ENTITLED DEPARTMENT OF ADMINISTRATION TO CREATE THE POSITION

Page 11 of 29

MOTION TO CLOSE PUBLIC HEARING BY: STALLONE MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

MOTION TO APPROVE ORDINANCE 36-07 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: MARTIN MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING ARTICLE VI OF THE ADMINISTRATIVE CODE, CHAPTER 3 ENTITLED DEPARTMENT OF ADMINISTRATION TO CREATE THE POSITION OF MUNICIPAL HOUSING LIAISON FOR THE PURPOSE OF ADMINISTERING THE TOWNSHIP OF JACKSON'S AFFORDABLE HOUSING PROGRAM PURSUANT TO THE FAIR HOUSING ACT

BE IT ORDAINED by the Council of the Township of Jackson in the County of Ocean and State of New Jersey that the following amendments be made to Chapter 3 of the Administrative Code of the Township of Jackson to include the following Section:

Chapter 3 of the Township Code of the Township of Jackson entitled “Department of Administration” shall be amended and supplemented as follows: The purpose of this article is to create the administrative mechanisms needed for the execution of the Township of Jackson’s responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

As used in this article, the following terms shall have the meanings indicated:

MUNICIPAL HOUSING LIAISON – The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Jackson

ADMINISTRATIVE AGENT – The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Township of Jackson to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.

Page 14 of 29

If any section, subsection, paragraph, sentence or other part of this Ordinance is adjudged unconstitutional or invalid, such judgment shall not affect or invalidate the remainder of this Ordinance, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this Ordinance directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this Ordinance shall remain in full force and effect.

All ordinances or parts of ordinances which are inconsistent with the provisions of this ordinance are hereby repealed, but only to the extent of such inconsistencies.

This Ordinance shall take effect immediately upon final adoption and publication in the manner prescribed by law.

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 23, 2007 and will be considered for second reading and final passage at a rescheduled meeting of said Governing Body to be held on the 8^{th} day of November, 2007 (*) 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.

(*) The public hearing on this ordinance was previously announced for November 12, 2007, however, such date has been changed to November 8, 2007, which reflects a rescheduled Township Council Meeting of the Township of Jackson, County of Ocean, State of New Jersey.

Page 15 of 29

ORDINANCE FIRST READING

37-07

TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, ESTABLISHING THE SALARY RANGE FOR ALL OF THE VARIOUS OFFICIALS AND EMPLOYEES OF THE TOWNSHIP FOR THE YEAR 2008 AND THEREAFTER

MOTION TO APPROVE ORDINANCE 37-07 ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON, NOVEMBER 27, 2007 BY: MARTIN MOTION SECONDED BY: STALLONE YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

SECTION I. For the year 2008 and for each year thereafter, the salary range set forth in “Schedule A” which is annexed hereto and made a part hereof, is hereby established for the officials and employees whose titles are set forth therein.

SECTION 2. The provisions of this Ordinance shall be effective for the year 2008 and for each year thereafter except as may be amended or supplemented by subsequent ordinances.

SECTION 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

SECTION 4. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to that section, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed to be valid and effective.

SECTION 5. This ordinance shall take effect twenty days immediately following final passage and publication as required by law.

Mark A. Seda Mayor

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 November 8, 2007 and will be considered for second reading and final passage at the regular meeting of said Township Council to be held on November 27, 2007 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 so heard concerning this ordinance. Prior to second reading, a copy of this ordinance shall be posted on the

Page 16 of 29

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.

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

RESOLUTION 470R-07 TITLE: AUTOIZE TAX REFUNDS

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:

Page 17 of 29

6103 7 Bruce & Barbra Baker 2006 – 4th 250.00

7706 5 Michael P. & Suzanne Lawrence 2006 – 4th 632.67

11404 33 Denise M. Slowinski 2006 – 4th 798.38

6601 11 Harmony Farms Inc 2007 – 1st\n2007 – 2nd 9.89 9.88

6602 32 Harmony Farms Inc 2007 – 1st\n2007 – 2nd 9.89 9.88

6602 38 Harmony Farms Inc 2007 – 1st\n2007 – 2nd 9.89 9.88

6602 44 Harmony Farms Inc 2007 – 1st\n2007 – 2nd 9.89 9.88

6603 11 Harmony Farms Inc 2007 – 1st\n2007 – 2nd 9.89 9.88

6603 21 Harmony Farms Inc 2007 – 1st\n2007 – 2nd 9.89 9.88

6605 8 Harmony Farms Inc 2007 – 1st\n2007 – 2nd 9.89 9.88

14801 6 Greenbriar @ Winding Ways 2007 – 1st.99

14801 41 Greenbriar @ Winding Ways 2007 – 1st.99

14801 57 Greenbriar @ Winding Ways 2007 – 1st 1.98

14804 31 Greenbriar @ Winding Ways 2007 – 1st.99

14601 69 Greenbriar @ Winding Ways 2007 – 1st.99

14604 41 Greenbriar @ Winding Ways 2007 – 1st.99

14601 1 Greenbriar @ Winding Ways 2007 – 1st.99

TOTAL AMOUNT:

DATED: 11/08/07

$14,369.87

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

RESOLUTION 471R-07

TITLE: APPROVE TOWNSHIP COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2007 AND OCTOBER 9, 2007

MOTION TO CARRY TOWNSHIP COUNCIL MEETING MINUTES OF SEPTEMBER 25, 2007 TO THE NOVEMBER 27, 2007 MEETING BY: MARTIN MOTION SECONDED BY: INGRAM

MOTION TO APPROVE TOWNSHIP COUNCIL MEETING MINUTES OF OCTOBER 9, 2007 BY: STALLONE MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

WHEREAS, official Minutes of Jackson Township Council meetings have been prepared; and

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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;

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

DATED: 11/08/07

TITLE: AUTHORIZE INTERLOCAL SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND COUNTY OF OCEAN SETTING FORTH TERMS AND CONDITIONS REGARDING THE ASSIGNMENT OF POLICE

Page 19 of 29

WHEREAS, the Driving While Intoxicated Checkpoints (D.W.I.C.) is a 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.C. received funding from the State of New Jersey and the County of Ocean; and

WHEREAS, the Ocean County Prosecutor's Office and the Township of Jackson have determined it to be in their mutual interest for Jackson Township to designate officers to be assigned to the D.W.I.C.; and

WHEREAS, the Interlocal Services Act, N.J.S.A. 40:8A-1 et. seq. authorizes local units, as defined in said Act, to enter into joint agreements for the provision of governmental services; and

WHEREAS, the Township of Jackson in the County of Ocean, State of New Jersey, wishes to enter into an agreement with the County for the purpose of setting forth the terms and conditions regarding the assignment of Police Officers employed by Jackson Township to the Driving While Intoxicated Checkpoint Task Force FY 2008.

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:

DATED: 11/08/07

RESOLUTION 475R-07

TITLE: APPROVE BINGO/RAFFLE LICENSE TO: CENTRAL JERSEY ITALIAN AMERICAN CLUB (#RA-1167) AND JACKSON EDUCATION ASSOCIATION (#RA-1168)

MOTION TO APPROVE BY: STALLONE MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

WHEREAS, certain organizations have applied to the Jackson Township Council for permission to hold Raffle or Bingo Games within the Township for fund raisings: NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, that:

DATED: 11/08/07

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

RESOLUTION 476R-07

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY RESCINDING THE COMMENCEMENT OF DRAW DOWN PROCEEDINGS AGAINST THE MAINTENANCE GUARANTEE POSTED BY VILLA LINA, INC. FOR FERRARI PLAZA, A/K/A BLOCK 140.01, LOTS 6.02 AND 6.03

WHEREAS, the Township Council authorized, by way of Resolution No. 464R-07 dated October 23, 2007, the commencement of draw-down proceedings against Maintenance Guarantees posted by Villa Lina, Inc. in the form of a Letter of Credit No. 68016132 in the amount of $19,845.52 issued by Bank of America due to a “Notice of non-renewal” received by Bank of America; and

WHEREAS, the Township has since received Notice from Bank of America stating they will renew Letter of Credit #68016132 issued to Villa Lina, Inc. with an expiration date of November 29, 2008; and

WHEREAS, Stephen Foran, Esq., of Gilmore & Monahan, Township Attorney, has reviewed said Notice and determined it is not necessary for the Township to draw against this Letter of Credit at this time; and

WHEREAS, the Township Council desires to act upon the recommendation of the Township Attorney.

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:

TITLE: AUTHORIZE RELEASE OF PERFORMANCE LETTER OF CREDIT NO. 04-011 IN THE AMOUNT OF $172,440.00 TO HOFFMAN PARK ASSOCIATES, INC. DUE TO THE POSTING OF A REPLACEMENT PERFORMANCE BY CONCORD ESTATES JACKSON, LLC FOR THE PROJECT KNOWN AS VICTORIA GARDENS (BLOCK 132, LOTS 3 & 4)

Page 21 of 29

WHEREAS, the Township Council authorized, by way of Resolution No. 464R-07 dated October 23, 2007, the commencement of draw-down proceedings against Maintenance Guarantees posted by Villa Lina, Inc. in the form of a Letter of Credit No. 68016132 in the amount of $19,845.52 issued by Bank of America due to a “Notice of non-renewal” received by Bank of America; and

WHEREAS, the Township has since received Notice from Bank of America stating they will renew Letter of Credit #68016132 issued to Villa Lina, Inc. with an expiration date of November 29, 2008; and

WHEREAS, Stephen Foran, Esq., of Gilmore & Monahan, Township Attorney, has reviewed said Notice and determined it is not necessary for the Township to draw against this Letter of Credit at this time; and

WHEREAS, the Township Council desires to act upon the recommendation of the Township Attorney.

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:

DATED: 11/08/07

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

RESOLUTION 479R-07

MOTION TO APPROVE BY: STALLONE MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program (“State”), provides loans and/or grants to municipal and county governments and grants to nonprofit organizations for assistance in the acquisition and development of lands for outdoor recreation and conservation purposes; and

WHEREAS, the Township of Jackson desires to further the public interest by obtaining a loan of -0- and/or agrant of1,650,000.00 from the State to fund the following project(s): Jackson Township Open Space Acquisition Plan (Vista property), File No. 1512-03-021.

NOW, THEREFORE, the governing body/board resolves that Philip Del Turco, Township Administrator or the successor to the office of Administrator is hereby authorized to:

(a) make application for such a loan and/or such a grant

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A copy of this resolution shall be forwarded to the Municipal Administrator, Purchasing Agent, Planning Board, Zoning Board of Adjustment, Rent Leveling Board, and the Jackson Township MUA.

DATED: 11/08/07

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

RESOLUTION 482R-07

TITLE: AUTHORIZE CANCELLATION OF TAX LIENS #060069 & 060070 FOR 2005 TAXES AND 2006, 2007 TAXES ON TOWNSHIP OWNED PARCELS BLOCK 22701, LOTS 9 AND 10

MOTION TO APPROVE BY: STALLONE MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

WHEREAS, Block 22701 Lots 9 & 10 (formerly known as Block 32.01 Lots 33 & 36 respectively) were dedicated to the Township in 2005 and there was a subsequent delay in getting the parcels under the name of the Township; and,

WHEREAS, Tax Sale Certificates # 060069 & # 060070 were sold to the Township in the interim for outstanding 2005 taxes and need to be cancelled now that the Township is the formal owner of the property and is exempt from taxes as a municipal corporation; and

WHEREAS, Subsequent taxes for 2006 and 2007 also need to be cancelled.

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:

The Tax Collector is directed to cancel on Block 22701 Lot 9 tax sale certificate #060069 in the principal amount of $2237.49 along with interest of $543.41 and costs of $55.62 and the 2006 taxes in the amount of $2,985.21 and the 2007 taxes in the amount of $3,074.30, and on Block 22701 Lot 10 tax sale certificate #060070 in the principal amount of $1,111.24 along with interest of $269.34 and costs of $27.61 and the 2006 taxes in the amount of $1,543.14 and the 2007 taxes in the amount of $1,589.19

Copy to: Tax Collector Finance

DATED: 11/08/07

RESOLUTION 483R-07

TITLE: AUTHORIZE CANCELLATION OF TAXES ON TOWNSHIP OWNED PROPERTY BLOCK 18101, LOT 9.07

MOTION TO APPROVE BY: STALLONE MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

WHEREAS, Block 18101 Lot 9.07, Veronica Court, was deeded to the Township in 2005 and there was a subsequent delay in getting the parcel under the name of the Township; and,

WHEREAS, 2006 open taxes in the amount of $792.39 and 2007 open taxes in the amount of $776.97 need to be cancelled now that the Township is the formal owner of the property and is exempt from taxes as a municipal corporation.

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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:

The Tax Collector is directed to cancel 2006 open taxes in the amount of $792.39 and 2007 open taxes in the amount of $776.97 on Block 18101 Lot 9.07 and the parcel will be exempt on the 2008 tax list.

Copy to: Tax Collector Finance

DATED: 11/08/07

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

RESOLUTION 484R-07

TITLE: AUTHORIZE CANCELLATION OF TAXES ON TOWNSHIP OWNED PROPERTY BLOCK 6503, LOT 1

MOTION TO APPROVE BY: STALLONE MOTION SECONDED BY: INGRAM YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

WHEREAS, Block 6503 Lot 1, Sigmund Street, was acquired by the Township on August 8, 2007; and,

WHEREAS, 2007 second half taxes in the amount of 114.47 need to be cancelled now that the Township is the formal owner of the property and is exempt from taxes as a municipal corporation.

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:

The Tax Collector is directed to cancel 2007 second half taxes in the amount of $114.47 on Block 6503 Lot 1 and the parcel will be exempt on the 2008 tax list.

Copy to: Tax Collector Finance

DATED: 11/08/07

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

STAN GOLDMAN-47 SPYGLASS DRIVE: He congratulated Administrator Del Turco on his position as liaison to Affordable Housing. He stated at the Planning Board meeting there was a presentation made by CIS and felt they would be an asset on the Affordable Housing Board and they have all their ducks in a row and have a strong desire to come into Jackson. He viewed some of their projects on line and felt their costs were comparable to other towns and along the same lines as Westlake Mews and would be an asset to the community. Administrator Del Turco stated he was familiar with Ms. Folio, former Executive Director of NJ Housing Mortgage Finance Agency, and her credentials were outstanding and agreed CIS was very innovative in their approach and they are looking to regenerate Jackson and bring back some former Jackson residents. He felt everyone would be very pleased with the outcome.

SHELDON BRANDMAN-56 CYPRESS POINT LANE: He asked the Council if they were negotiating with the US Postal Service to find an alternate site for the main post office on County Line Road? Councilman Stallone stated he has been speaking with the Regional Manager Mr. Setta stating they were moving forward looking at property but

Page 25 of 29

would still be a couple years. Mr. Brandman stated when he came to Jackson about five years ago the Postmaster was retiring and the new Postmaster, Mr. Ryan, had to remove five barcode sorters into a trailer and because of the growth in Jackson they now have three trailers and Ocean will only allow him to keep those trailers for a certain period of time. Councilman Stallone stated he spoke with Mr. Ryan and everyone is aware of the situation and trying to push ahead as fast as possible and even contacted Congressman Smith's office. Mr. Brandman stated he first heard they were thinking of moving it into the Town Complex and he was opposed to that because as a former postal employee he knows you do your business where the majority of the population is and he felt it was on the northeast quadrant of Jackson and by moving it to the complex would put an unfair burden on the majority of Jackson residents and suggested inviting Mr. Ryan to a Township meeting so people could ask questions.

KAREN BORGA-24 CAMINO ROBLE, TOMS RIVER: She introduced herself as the Pathfinder Chairperson who was filling in for another Pathfinder member, Tony Santamaria, stating on December 13, 2004 the prior administration passed Resolution 597R-04 approving a recreation trail program grant application that pertained to improving the trails and many other items. The application was approved in September of 2005 for $25K and with the help of Mr. Santos and Mr. Gilmore’s office the deed transfer was completed. She stated Tony and Eric Schubiger went to the Bunker Hill Bogs to review the grant proposal on site and stated Eric was an enormous help and showed great interest in assisting and then directed Tony to the Building Department to proceed with the permit process for the bird viewing platform, tree removal and parking lot. Tony was informed by the building sub-code official the set of approved plans were not valid and only an engineer or architect could submit plans. He then spoke with Dan Burke and was told he needed written permission from the Council to allow construction on Township property and when he spoke with Administrator Del Turco he was told a written letter from the Mayor was needed. Ms. Borga asked if Councilwoman Ingram could be their liaison and help them with the project. Ms. Ingram agreed. Administrator Del Turco explained he was available during the day for any assistance and stated she has their full cooperation.

PAUL MAYEROWITZ-91 CYPRESS POINT LANE: He stated there was a difference between general accounting principals and government accounting principals. When looking at the 2006 audit he found a revenue of $23.9 million but the actual revenue reported was $42.7 million and a favorable variance difference of $4.8 million. The principal causes for that was about $500K from interest income, $1 million from non-budgeted revenue and $3.4 million to be raised by taxes in support of the municipal budget. On the revenue side they anticipated collecting $22.5 million dollars for taxes but ended up collecting $25.9 million. There was a significant gain in 2006. Then he looked at expenditures that showed they planned to spend $38 million for appropriations. The way the books were reported in 2006 was broken down into two pieces. Those expenses either paid or charged for in 2006 totaled $34.7 million and had a variance of $3.2 million on expenses. The $3.2 million showed up as a reserve in the financial statement. They were favorable by $4.8 million on revenue and didn't spend $3.2 million in expenses and theoretically there should be some large numbers coming out of that for surplus and there aren't because the surplus from year to year is still basically $5 million. He felt he was missing something in governmental accounting. Favorable variances on expenditures were about $1 million in salaries which he didn't understand how they could have unanticipated monies for salaries because everyone gets a paycheck every week. Councilman Stallone explained contracts were still under negotiations at the time and back pay was going to be paid out. Mr. Mayerowitz stated $1 million was in salaries and $2.3 million was in other expenses. He read the footnote and interpreted it as meaning they knew they were obligated to pay $3.2 million of expenses in 2006 that would be paid in 2007. Now it was November and he assumed they knew where the $3.2 million went because it should have been paid out already and asked how much was left. Administrator Del Turco explained governmental accounting is different than what Mr. Mayerowitz was accustomed to. He stated their accounting is cash-based accounting and revenues were realized and put in as revenues and compared against the budget. On the revenue side they anticipate a certain amount for funds for revenue purposes. If there was a revenue shortfall it would be a direct reduction of the fund balance and the anticipated excess would be an increase to the fund balance. He mentioned the unanticipated revenue

Page 26 of 29

was a direct increase to the fund balance. He discussed what Mr. Mayerowitz was accustomed to in the private industry side of accounting with regard to appropriations and explained that time frames differ greatly between government and private industry accounting and municipalities must have it's financial statement in by February 10th and in the process associated with accounting there are no accruals made where they can charge up to utility expense, legal expenses, retro pays with regard to union contracts which were owed back to 2006, street light reimbursements, snow removal reimbursement, etc. Administrator Del Turco explained they've been catching up with the private residential communities paying back the 2002, 2003, 2004, 2005 and 2006 that have been charged off to that budget and he just received Metedeconk, South Knolls and has about 400K and 500K to pay back to the private resident communities. He also owed Westlake street lighting from 2006 and 3.2 million of reserves has been paid down and anything that was not utilized would be turned back to the fund balance and used toward the budget for next year. Mr. Mayerowitz asked about the incremental increase of about 300K for encumbrances? Administrator Del Turco said he would have to look into it. He then asked Mr. Del Turco if a significant portion of favorable variances in the reserve went to a special emergency note of about 1.2 million? Mr. Del Turco clarified he meant the revaluation and explained the revaluation was being spread-out over a 5-year period and stated the reserve balance wouldn't affect it. Mr. Mayerowitz stated there was no balance in 2005 but there was a balance in 2006. Administrator Del Turco stated he would start seeing the installments coming due. Mr. Mayerowitz asked about the reserves and if incumbencies have been paid and Mr. Del Turco stated they haven't and that was what he was trying to explain stating they have more bills to pay on the 2006 budget but the bulk has been paid. Mr. Mayerowitz suggested taking a look at the general ledger detail and draw down against those balances and asked if the Finance Department would have that general ledger information available? Administrator Del Turco stated it was available to the public on request. Councilman Martin asked Mr. Del Turco about the snow reimbursement for 2003, 2004, 2005 and 2006 which should have been paid before they took office. Mayor Seda stated the previous administration pushes money forward so they didn't have to claim it and it was unfortunate because they should have received the money years ago and wanted to clarify for the publics understanding why this was all happening.

JOSEPH BRILL-100 MURIFIELD ROAD: He spoke of the township owing his community 4 years reimbursement for snow removal and street lighting because when you pick up for one you have to pick up for the other and his cul-de-sac is on the end of the cul-de-sac they pick up from. Mayor Seda asked Mr. Brill to bring paperwork forward or see him after the meeting because they did an assessment of the entire community and it may have been paid already. Mr. Brill then asked about street lighting and a misunderstanding thinking the street lights were to be installed by November 1st and wanted to bring it to the Mayor's attention. Mayor Seda submitted a request and JCP&L put it on their schedule and at the present time they are working on changing out the present street lighting for a new type throughout the town and would work it into their schedule. He read Part A of the Administrative Legislation 3-4 Compliance of the Law and stated he understood it to mean the township should be building the basketball court and not an outside entity and pay the township 500K. In Robins Estate and on Beam Avenue there are several basketball courts facing the street and he hasn't gone to other places but asked why it was necessary to build basketball courts in Johnson Park. Councilman Stallone stated it was needed so kids weren't playing in the streets. Mr. Brill asked how they could build the courts on a contaminated site that has just been unearthed? Councilman Stallone explained it wasn't contaminated and it was a landfill that was capped for over 30 years ago and designated okay.

SEAN GIBLIN-515 SOUTH COOKSBRIDGE ROAD: He asked about the logic in the debate they had with Mr. Mayerowitz concerning the budget and then asked about the $3 million that was left over in 2006 that was spent in 2007 for contract wages and various other things. Mayor Seda stated it was to clean up the bills that weren’t paid during his administration. Mr. Giblin asked how $37 million in 2006 became $38 million in 2007 and then asked how they could apply $2 million to a 2006 budget yet have a decrease in 2007 when most of it was applied to labor? Mayor Seda stated it was fiscal responsibility and explained that during Mr. Giblin’s administration overtime in Public Works was running wild, about $30K per month. Mr. Giblin asked if the Mayor could

Page 27 of 29

email him the records for overtime during 2006 and 2007? Mayor Seda stated Mr. Giblin was welcome to put through a public information request any time. Mayor Seda stated the gas card system wasn't working during Mr. Giblin's administration and since they took office they have been fixed. They also created a part time schedule to cut down on overtime and prevent employees from working arbitrarily. The bills being paid now are the result of bills not being paid during Mr. Giblin's administration when they had the opportunity to pay them. Mr. Giblin confirmed with Mr. Foran that with regard to “Pay-to-Play” council could adopt an ordinance themselves' and he replied they could subject to the approval of the Mayor. Mr. Giblin then addressed the Council and spoke of “Pay-to-Play” then read an article dated February 28, 2005 where Mayor Seda proposed sweeping “Pay-to-Play” reform. Mr. Giblin addressed the Council and presented four sample ordinances that between now and the end of the year they could put a limit on “Pay-to-Play” and level the playing field in Jackson so all contracts awarded for next year and beyond would have the same contribution stipulations as many other municipalities have and reform Jackson. They can do what the Mayor hasn't done in 2 1/2 years. Councilman Stallone stated this was just another thing the Council is asked to do that Mr. Giblin's administration didn't. Cross discussion between Mr. Giblin and Councilman Stallone. Mr. Giblin stated he was glad Clerk Eden didn't take out Councilman Stallone's comments to him at the last meeting because it's the truth and Mr. Stallone can't take the truth. He asked Council to turn their backs to the Mayor and not give him everything he wants and show him they run this town because they are the legislative branch and are demanding this. The Mayor stated that during Mr. Giblin's term in office a company named CME, an engineering firm they hired, basically robbed the town of about $700K, $400K to decide where to plant a tree and $300K to actually buy the tree and plant it. Mr. Giblin felt it was urgent that the Committee (at the time) enact the ordinance but they couldn't get the votes across. Mayor Seda stated during Mr. Giblin's administration there were no checks and balances and CME's bills came to the Township Committee and were rubber stamped. And for someone like Mr. Giblin to talk about rubber-stamping is unconscionable when during that time he (Mr. Seda) asked the in-house engineer to check those bills because of his engineering background so he could actually certify the time CME was charging. He stated the bills were removed from Mr. Burke's review and taken in-house and stated Mr. Burke was told the bills would be paid with or without his approval. He also stated Mr. Giblin failed to mention the State proposed the same “Pay-to-Play” legislation the following year that was more in line with what should be done and would be uniform throughout the State and not just certain municipalities. Councilman Martin asked Mr. Giblin if he thought Mr. Seda's ideas were so great, and sat in the majority from February 2005 to June of 2006 why didn't he simply pass them? Mr. Giblin stated he didn't have the votes and what he wanted was complete disclosure and stated if a person gives one dollar toward a campaign the public has a right to know. Mr. Giblin told Councilman Martin he had the most common sense and was a very smart individual and asked him if he supports legislation such as what the Mayor proposed in 2005? Councilman Martin said on no bid contracts he wouldn't have a problem looking at the numbers where you could limit the amount of contributions. Mr. Giblin asked Councilman Martin if he would take a leadership role in presenting these four ordinances to fellow Council members for passage before the end of the year and make it effective January 1, 2008? Council Vice President Gudaitis stated Council President Updegrave is working on it. Councilman Stallone told him long before he came to the microphone it had already been discussed and they were working on it. Mr. Giblin asked Council Vice President Gudaitis if he would bring a “Pay-to-Play” ordinance before the public by the end of the year making it effective January 1st of 2008? Mayor Seda spoke to Council Vice President Gudaitis stating he was confident the Council would do their job and no matter what the outcome Mr. Giblin would still be unhappy because he didn't have the votes back then to enact the ordinances and did nothing while he was in office for six years and was confident he wouldn't want anything done now. Councilwoman Ingram asked when the Mayor made the proposal when he was part of the Committee why wasn't it voted on then? Mr. Giblin stated the model Mayor Seda proposed put a $400 limit on contributions which he didn't agree with and wanted full disclosure. Councilwoman Ingram confirmed the difference between $1 and $400 was why he didn't vote on it but yet let CME overcharge the township $700K and he approved that? Mr. Giblin stated he felt they were being disrespectful to him and they would not be as disrespectful if another resident came and asked the same questions. Mayor Seda

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explained he had valid questions but as a prior elected official he is held accountable for the actions taken place during his term in office.

JOHN SUTTLES-403 MEADOWOOD ROAD: He asked the Council that earlier in the meeting they held a hearing on resolutions only and allowed the public to speak on resolutions they were about to vote on and stated he understood the system was to allow the residents to come up and comment and question the Council on what they were doing and why and perhaps influence the Council's vote. Council agreed. He then stated about 51 weeks ago they were in a similar situation where they were voting on a resolution to amend the budget for 2006 which is a budget that was passed approximately eight weeks prior and a resident came to the microphone and stating the money was 3/4 spent why were they doing a budget transfer? The answer came from the attorney who stated it was impossible to estimate in February what they would need in November even though they were estimating it in August and not February. Then the resident asked how much the transfer was, where was it coming from and where was it going to and no one had the answer yet fifteen minutes later they all voted to approve it. Mr. Suttles stated that when residents come to the microphone and ask questions about something they are about to vote on he felt they should be able to assure the residents that they know what they are doing before the residents find out in May they didn't know what they were doing and replace them. He also stated when someone comes and asks the Council what they are doing they should have the courtesy to answer them before they allow other guests at the meeting to interrupt and get between the Council and who ever asked the question and stated the reason he said that was because earlier in the evening someone asked a question about the budget and the Mayor jumped all over him and if he, Mr. Suttles, had done that he would have been escorted out by two police officers. Mayor Seda stated he resented the comment and stated the budget question was directed to him and he answered it. Mr. Suttles reminded the Mayor it was a Council meeting on a resolution and not the Mayor since he prepared and submitted the budget. Mayor Seda stated if Mr. Suttles came prepared with meeting minutes and documentation instead of hearsay and stated if he was accusing him of something he would appreciate it if he came with the facts to back it up.

SHELDON BRANDMAN-56 CYPRESS POINT LANE: He asked if they were getting a new cable contract? Councilman Martin explained he was meeting with them next Thursday and would have a new resolution one way or the other about it. Mr. Brandman stated if they had the Township Council meetings on cable it would blow the Nielson ratings off the charts and advertising space alone would save the budget for the next three years.

JOSEPH BRILL-100 MURIFIELD ROAD: He stated he was in the engineering office today and was told to go to the Mayor or Administrator to see about getting grant money to upgrade the doors in his building to accommodate handicap people. Administrator Del Turco stated he wasn't familiar with any grant program that would provide handicap access and knows the township is a recipient of a yearly community development block grant and it could be done in a public building but the Mews was a private community and as a courtesy he would make some inquiries but because it's a private community he wasn't sure what help he would get but would inquire.

PAUL MAYEROWITZ-91 CYPRESS POINT LANE: He stated Mr. Giblin brought up the “Pay-to-Play” issue and yet when he brought it up originally he was asked to come back with a list of recommendations where he thought “Pay-to-Play” made sense. He stated Mr. Gilmore commented on the excellent job Chris Christy was doing and that he didn’t feel “Pay-to-Play” ordinances were necessary. Mr. Mayerowitz pointed out to Council that they adopted the ten point republican blueprint for reform in the State of NJ and other items indicated that this Council would approve “Pay-to-Play”. Council President Updegrave committed during a September meeting a plan would be presented in a month or so and at the last Council meeting he asked where the ordinances were because a month had gone by and she indicated they weren’t quite done and it would be another month. He assumed there would be an ordinance to look at in December based on what she said. He brought it up because he was disappointed since learning they had ordinances back in February 2005 that were not acted upon yet the Council told him to present his recommendations. He stated those recommendations were in the minutes of

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February 13th 2005. Four model ordinances that have been revised with stronger teeth in them and he said to Council at a previous meeting this was an issue that needed to be passed so that future administrations wouldn't participate in “Pay-to-Play” actions that hurt the residents. Mayor Seda stated just after he made those recommendations the State came out with a “Pay-to-Play” ordinance of their own that everyone must abide by and they have to be careful not to add another level of government on how they watch over it, who watches over it, how they regulate it, etc. Mr. Mayerowitz explained the State failed to do what the citizens expected them to do and since he last spoke with Council about 90 municipalities past their own ordinances and felt Jackson should be among the list. Mayor Seda felt it should be done at the State level and uniform across the State and not a different rule for each municipality and it should be paid for by the State because if it was done at the municipal level they wouldn't support it. Council Vice President Gudaitis stated Council President Updegrave has been working on it with Attorney Gilmore. Mr. Mayerowitz then asked about paying down 3 million in reserve and if they had an idea where they would finish the year up in 2007? Mayor Seda stated a township couldn't predict what expenses would come up between now and December. Mr. Mayerowitz stated several months ago he suggested forming a finance committee that was capable of doing such things and was just asking what their best guess was? Councilwoman Ingram stated they didn't implement the new system yet and they needed to transfer the information from Java to Excel but when he asked the same question some time ago she took the information home and presented him with an answer at that time. She would have a trial balance to present to him by the next meeting.

KAREN BORGA-24 CAMINO ROBLE, TOMS RIVER: She forgot to mention the time to complete the trail improvements is August 31st, 2008. She asked what was the best approach and Mayor Seda asked her to call his office and they would work on getting her what she needed so she wouldn't miss the deadline.

MOTION TO CLOSE PUBLIC HEARING ON ANY TOPIC BY: MARTIN

MOTION SECONDED BY: STALLONE

YES: INGRAM, MARTIN, STALLONE & GUDAITIS

ABSENT: UPDEGRAVE

MOTION TO ADJOURN BY: MARTIN MOTION SECONDED BY: STALLONE YES: INGRAM, MARTIN, STALLONE & GUDAITIS ABSENT: UPDEGRAVE

9:20PM

RESPECTFULLY SUBMITTED,

COUNCIL PRESIDENT UPDEGRAVE

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

AME/klj