Rebuilt HTML — PaddleOCR-VL (Baidu)

ON MONDAY, SEPTEMBER 9, 2002 AT 6:30 P.M., THE JACKSON TOWNSHIP COMMITTEE HELD IT'S MEETING IN THE SENIOR CENTER

ROLL CALL:

COMMITTEEMAN GIBLIN COMMITTEEMAN GRISANTI COMMITTEEMAN KAFTON DEPUTY MAYOR KRAKOWER (7:08 PM) MAYOR BRODERICK ATTORNEY STARKEY ADMINISTRATOR KENNEDY TOWNSHIP CLERK EDEN

BOB RYLEY AND BARRY OLEJARZ WERE ALSO PRESENT

TITLE: RESOLUTION FOR EXECUTIVE SESSION TO AUTHORIZE TOWNSHIP COMMITTEE CLOSED DISCUSSION PERSONNEL AND LITIGATION MATTERS.

MOTION TO APPROVE BY: GRISANTI MOTION SECONDED BY: KAFTON YES: GIBLIN, GRISANTI, KAFTON & BRODERICK ABSENT: KRAKOWER

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 Mayor and Committee of the Township of Jackson, County of Ocean, and State of New Jersey, as follows:

DATED: 9/09/02

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

ON MONDAY, SEPTEMBER 9, 2002, THE JACKSON TOWNSHIP COMMITTEE 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:

COMMITTEEMAN GIBLIN COMMITTEEMAN GRISANTI COMMITTEEMAN KAFTON

ATTORNEY STARKEY ADMINISTRATOR KENNEDY TOWNSHIP CLERK EDEN

Page 2

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 Committee has been advertised in the manner prescribed by law. This statement shall be entered into the Minutes of this meeting.

MA#19-02 – Appointing Captain David Newman to the Emergency Management Council

COMMITTEEMAN GIBLIN: He began by reminding everyone that school is opened and to be mindful of the children waiting for their buses. He told everyone that on September 11th to spend time with their families. He explained that we should educate our children by telling them that the world is not as bad a place as people make it out to be. We still live in the land of the free and the home of the brave. We need to remind them that we love them and will take care of them. He apologized for the delay in the start of the meeting caused by a lengthy Executive Session.

COMMITTEEMAN GRISANTI: He said he would adopt Committeeman Giblin's comments and would waive his own comments due to the meeting starting late.

COMMITTEEMAN KAFTON: He stated he would adopt Committeeman Grisanti's comments who adopted Committeeman Giblin's comments and waived his also.

DEPUTY MAYOR KRAKOWER: He told everyone to have a good night and drive safely.

MAYOR BRODERICK: He began by saying that he received a letter in his mail and wanted to congratulate Detective Senatore. He explained that he is proud to have him as part of the Police Department. On July 23 on his way home, Detective Senatore stopped on the Garden State Parkway noticing a traffic accident. He pulled an unconscious young man out of the vehicle and within minutes the vehicle was engulfed in flames. He again congratulated him and thanked him for being part of a group that they all respect.

MOTION TO APPROVE BILLS AND CLAIMS BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

ABSTENTIONS: NJS-01

061001 AUTOMATED BUILDING CONTROLS 1,200.00

061002 B & G ELEVATOR 675.00

061003 BRICK STARTER & ALTERNATOR INC. 85.00

061004 CANYON SPRING WATER 7.00

061005 CME ASSOCIATES 1,538.50

061006 COASTAL AUDIO PRODUCTS, C/O 1,570.00

061007 METROPOLITAN INSURANCE CO. 7,945.67

061008 COMMUNITY SERVICES, INC. 12,500.00

061009 COMMERCE NATIONAL/FORKED RIVER 478.00

061010 COMMUNITY GRANTS & PLANNING PA 6,534.00

061011 JANICE CONNOR, PETTY CASH 173.62

061012 COUNTRY SUDSER CAR WASH 6.00

061013 CREATIVE HOBBIES 340.56

061014 STEVEN CUCCI, ESQ. 3,333.33

061015 DATA NETWORK SOLUTIONS 2,875.00

061016 DELL MARKETING L.P. 799.00

061017 ROBERT S. DENGROVE, M.D. 2,450.00

061018 DEPTCOR/BUREAU OF 543.80

061019 JOSEPH DIAZ 825.62

061020 ECKERD DRUGS #6382 44.76

061021 EDWARDS TIRE COMPANY, INC. 2,574.80

061022 E.J. SCHUSTERS, INC. 242.77

061023 ELITE HEATING & COOLING, INC. 570.50

061024 EXECUTIVE BUSINESS PRODUCTS 19.43

061025 GENERAL SALES ADMINISTRATION 199.80

061026 GMAC MORTGAGE CORP. 759.15

061027 GOOD FRIEND ELECTRICAL 316.12

061028 GRANTURK EQUIPMENT CO., INC. 816.48

061029 HENRY GOSSARD dba/H & D FIRE 1,060.20

061030 HOME SYSTEMS OF N.J. 4,260.00

061031 ITX DESIGN, LLC 122.40

061032 THE J'S LETTERING, INC. 35.00

061033 JACKSON VETERINARY CLINIC, PA 127.00

061034 JCA ASSOCIATES, INC. 35,583.50

061035 A-1 JDK SPECIALTIES 325.00

061036 JERSEY POWER EQUIPMENT 224.90

061037 JIM CURLEY PONTIAC 203.67

061038 JOHN LUCAS CHEV OLDS 290.05

061039 J.R. HENDERSON LABS, INC. 1,245.00

061040 LAB SAFETY SUPPLY INC. 336.30

061041 LANIGAN ASSOCIATES, INC. 110.00

061042 LAWMEN SUPPLY CO. OF N.J. INC. 12,707.20

061043 LEE BATTERY SERVICE, INC. 959.50

061044 L.J. MAKRANCY & SONS 4,980.00

061045 MICHAEL, HELEN JOSEPH MASTRIANI 105.32

061046 TERRI MCGOVERN 227.40

061047 MGL FORMS SYSTEMS 129.00

061048 MICRO WAREHOUSE 189.98

061049 MICROMEDIA PUBLICATIONS, INC. 87.15

061050 NEXTEL COMMUNICATIONS 1,000.77

061051 N.J. DEPT. OF ENVIRONMENTAL 500.00

061052 NJLEAA 3,535.00

061053 N.J. SHORE A.S.A. UMPIRE ASSOC. 74.00

061054 NJ SHADE TREE FEDERATION 85.00

061055 OCEAN COUNTY NEWSPAPERS, INC. 513.64

061056 OCEAN SOIL CONSERV. DISTR. N.J. 2,000.00

061057 QUILL CORPORATION 173.76

Page 3

of 1

061058 ERIC RADO 1,446.60

061059 RAGAN DESIGN GROUP 8,275.00

061060 RUSSO, SECARE, FORD, DELANOY & 539.00

061061 SHERWIN WILLIAMS COMPANY, INC. 40.40

061062 SKILLPATH SEMINARS, INC. 149.00

061063 NJSHBP 144,581.44

061064 SUPPLY SAVER 99.80

061065 TARELLA & FIFTMAN 278.52

061066 TOTAL LUBRICATION SVC. & SUPPLY 503.62

061067 TRENDWAY CORPORATION 318.06

061068 TRICO 528.76

061069 VAN SANT EQUIPMENT 234.06

061070 WOODHUE LTD 553.50

Page 4

TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING THE MUNICIPAL LAND USE AND DEVELOPMENT CODE CHAPTER 109, SECTION 40 ENTITLED “DESIGN STANDARDS FOR STREAM CORRIDORS” (CARRIED FROM AUGUST 26, 2002)

ATTORNEY KEVIN STARKEY: He explained that this Ordinance has been amended slightly since first reading. They have incorporated comments from the DEP and are bringing it into line with their regulations. He told the Mayor and Committee that this is not a material change and therefore they can go on with the second reading.

ANDREW ROBINS, LAW FIRM OF HALLERAN: He began by stating that he represents the New Jersey Shore Builder's Association. He explained that this organization already complies with all the rules and regulations including state statutes. They have been made aware of the Stream Corridors Ordinance and have reviewed the more revised Ordinance and believe that the state statutes and regulations sufficiently protect the stream wetlands and flood plains. Therefore, they believe that this should preempt the municipality's ability to regulate stream corridors, in particular with regards to buffers. He said they fully recognize that the Department of Environmental Protection and Waste Water Management Group requested that they adopt an ordinance but they feel that group within the DEP is not quite familiar with the state statutes. He read from the statute regarding forest buffers and wetlands. He spoke about Ordinance 35-02 and gave his comments regarding certain sections. Attorney Starkey explained that his office did receive comments from Mr. Robins' law office as well as the DEP and have incorporated them to the extent that they think they are legally valid and applicable here. He said he understands that his comments are made in good faith and taken that way, but they are trying to comply with the DEP regulations as well. Mayor Broderick said he had the opportunity to visit the DEP today and he can't believe that out of 3,000 people that are housed in that building, there is not one attorney that knows what they are talking about. He said he would go along with the comments of the DEP. He then asked Mr. Starkey if they are still involved with litigations with NJ Shore Builders Association? Mr. Starkey replied that they are involved in litigation on two matters regarding previous Ordinances that were prepared.

Page 5

YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, the Township Committee of the Township of Jackson desires to amend Chapter 109 of the Township Code of the Township of Jackson,

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

Section 1. Section 109-40 shall be revised to add the following:

109-40 Design Standards for Stream Corridors

Except as otherwise provided by Federal or State law or any regulations promulgated pursuant thereto, the following buffering standards shall apply on any stream corridor:

Background

Whereas, buffers adjacent to stream systems provide numerous environmental protection and resource management benefits which can include the following:

storing and maintaining the chemical, physical and biological integrity of the water resources

removing pollutants delivered in urban stormwater

reducing erosion and controlling sedimentation

stabilizing stream banks

providing infiltration of stormwater runoff

maintaining base flow of streams

contributing the organic matter that is a source of food and energy for the aquatic ecosystem

providing tree canopy to shade streams and promote

desirable aquatic organisms

providing riparian wildlife habitat

furnishing scenic value and recreational opportunity

It is the desire of Jackson Township to protect and maintain the native vegetation in riparian and wetland areas by implementing specifications for the establishment, protection and maintenance of vegetation along all stream systems within our jurisdictional authority.

The purpose of this ordinance is to establish minimal acceptable requirements for the design of buffers to protect the streams, wetlands and floodplains of Jackson Township; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within Jackson Township; to protect (Jurisdiction's) riparian and aquatic ecosystems; and to

Page 6

provide for the environmentally sound use of Jackson Township's land resources.

Active Channel: The area of the stream channel that is subject to flows of at least two weeks’ duration annually, and that includes the portion of the channel below where the floodplain flattens.

Best Management Practices (BMPs): Conservation practices or management measures which control soil loss and reduce water quality degradation caused by nutrients, animal wastes, toxins, sediment, and runoff.

Buffer: A vegetated area, including trees, shrubs and herbaceous vegetation, which exists or is established to protect a stream system, lake, reservoir or coastal estuarine area. Alteration of this natural area is strictly limited.

Development: 1) The improvement of property for any purpose involving building; 2) Subdivision, or the division of a tract or parcel of land in to 2 or more parcels; 3) the combination of any two or more lots, tracts, or parcels of property for any purpose; 4) the preparation of land for any of the above purposes.

NonTidal Wetland: Those areas not influenced by tidal fluctuations that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Nonpoint Source Pollution: Pollution which is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff, or ground water seepage rather than direct discharge.

One Hundred Year Floodplain: The area of land adjacent to a stream that is subject to inundation during a storm event that has a recurrence interval of one hundred (100) years.

Pollution: Any contamination or alteration of the physical, chemical, or biological properties of any waters that will render the waters harmful or detrimental to: public health, safety or welfare; domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; livestock, wild animals, or birds; fish or other aquatic life.

Stream Channel: Part of a water course either naturally or artificially created which contains an intermittent or perennial base flow of groundwater origin. Base flows of groundwater origin can be distinguished by any of the following physical indicators:

Hydrophytic vegetation, hydric soil or other hydrologic indicators in the area(s) where groundwater enters the stream channel, in the vicinity of the stream headwaters, channel bed or channel banks

Flowing water not directly related to a storm event

Historical records of a local high groundwater table, such as well and stream gauge records.

Stream Order: A classification system for streams based on stream

Page 7

hierarchy. The smaller the stream, the lower its numerical classification. For example, a first order stream does not have tributaries and normally originates from springs and/or seeps. At the confluence of two first order streams, a second order stream begins, and so on.

Stream System: A stream channel together with one or both of the following:

Streams: Perennial and intermittent watercourses identified through site inspection and USGS maps. Perennial streams are those which are depicted on a USGS map with a solid blue line. Intermittent streams are those which are depicted on a USGS map with a dotted blue line.

Water Pollution Hazard: A land use or activity that causes a relatively high risk of potential water pollution.

Applications

This ordinance shall apply to all proposed development except for that development which meets waiver criteria as outlined in Section H of this regulation.

This ordinance shall apply to all timber harvesting activities, except those timber harvesting operations which are implementing a forest management plan which has been deemed to be in compliance with the regulations of the buffer ordinance and has received approval from The Pinelands Commission.

This ordinance shall apply to all surface mining operations except that the design standards shall not apply to active surface mining operations which are operating in compliance with an approved surface mining permit of the Pinelands Commission.

In accordance with Section D of this ordinance, a plan approved by the appropriate agency is required for all development, forest harvesting operations, surface mining operations, and agricultural operations.

The plan shall set forth an informative, conceptual and schematic representation of the proposed activity by means of maps, graphs, charts, or other written or drawn documents so as to enable the agency an opportunity to make a reasonably informed decision regarding the proposed activity.

The plan shall contain the following information:

A location or vicinity map

Field delineated and surveyed streams, springs, seeps, bodies of water, and wetlands (include a minimum of two hundred (200) feet into adjacent properties).

Field delineated and surveyed forest buffers

Limits of the ultimate one hundred year floodplain

Hybrid soils mapped in accordance with the NRCS soil survey of the site area

Steep slopes greater than fifteen (15) percent for areas

Page 8

adjacent to and within two hundred (200) feet of streams, wetlands, or other waterbodies.

A narrative of the species and distribution of existing vegetation within the buffer

The buffer plan shall be submitted in conjunction with the required grading plan for any development, and the forest buffer should be clearly delineated on the final grading plan.

Permanent boundary markers shall be installed prior to final approval of the required clearing and grading plan.

Forest buffer for a stream system shall consist of a forested strip of land extending along both sides of a stream and its adjacent wetlands, floodplains or slopes. The forest buffer width shall be adjusted to include contiguous sensitive areas, such as steep slopes or erodible soils, where development or disturbance may adversely affect water quality, streams, wetlands, or other waterbodies.

The forest buffer shall begin at the edge of the stream bank of the active channel.

The required width for all forest buffers (i.e., the base width) shall be a minimum of seventy-five feet, with the requirement to expand the buffer depending on:1)stream order; 2)percent slope; 3)100year floodplain; 4) wetlands or critical areas.

In third order and higher streams, add twenty five feet to the base width.

Forest Buffer width shall be modified if there are steep slopes which are within a close proximity to the stream and drain into the stream system. In those cases, the forest buffer width can be adjusted.

Greater than 25% add 50 feet add 100 feet

Page 9

Forest buffers shall be extended to encompass the entire 100 year floodplain and a zone with minimum width of 25 feet beyond the edge of the floodplain.

When wetland or critical areas extend beyond the edge of the required buffer width, the buffer shall be adjusted so that the buffer consists of the extent of the wetland plus a 25 foot zone extending beyond the wetland edge.

The following land uses and/or activities are designated as potential water pollution hazards, and must be set back from any stream or waterbody by the distance indicated below:

storage of hazardous substances (150 feet)

above or below ground petroleum storage facilities (150 feet)

drainfields from onsite sewage disposal and treatment system (i.e., septic systems100 feet)

raised septic systems (250 feet)

solid waste landfills or junkyards (300 feet)

confined animal feedlot operations (250 feet)

subsurface discharges from a wastewater treatment plant (100 feet)

land application of biosolids (100 feet)

For development within 4000 feet of any water supply intake, the setbacks should be doubled.

The forest buffer shall be composed of three distinct zones, with each zone having its own set of allowable uses and vegetative targets as specified in this ordinance.

The function of the streamside zone is to protect the physical and ecological integrity of the stream ecosystem.

The streamside zone will begin at the edge of the stream bank of the active channel

and extend a minimum of 25 feet from the top of the bank.

Allowable uses within this zone are restricted to:

flood control structures

utility rights of way

footpaths

road crossings, where permitted.

The vegetative target for the streamside zone is undisturbed native vegetation.

The function of the middle zone is to protect key components of the stream and to provide distance between upland development and the streamside zone.

The middle zone will begin at the outer edge of the streamside zone and extend a minimum of 50 plus any additional buffer width as specified in Section VI C.

Allowable uses within the middle zone are restricted to:

Page 10

The vegetative target for the middle zone is mature native vegetation adapted to the region.

The function of the outer zone is to prevent encroachment into the forest buffer and to filter runoff from residential and commercial development. The outer zone will begin at the outward edge of the middle zone and provide a minimum width of 25 feet between Zone 2 and the nearest permanent structure. There shall be no septic systems, permanent structures or impervious cover, with the exception of paths, within the outer zone.

The vegetative target for the outer zone may vary, although the planting of native vegetation should be encouraged to increase the total width of the buffer.

The forest buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within Zones 1 and 2 of the forest buffer, except with approval by the reviewing Board.

Clearing of existing vegetation.

Roads, bridges, paths, and utilities:

) An analysis needs to be conducted to ensure that no economically feasible alternative is available.

The right of way should be the minimum width needed to allow for maintenance access and installation.

The angle of the crossing shall be perpendicular to the stream or buffer in order to minimize clearing requirements

The minimum number of road crossings should be used within each development.

Permitted utilities shall include wastewater pumping stations.

An analysis needs to be conducted to ensure that no economically feasible alternative is available, and that the project is either necessary for flood control, or significantly improves the water quality or habitat in the stream.

In new developments, onsite and nonstructural alternatives will be preferred over larger facilities

Page 11

within the stream buffer.

When constructing stormwater management facilities (i.e., BMPs), the area cleared will be limited to the area required for construction, and adequate maintenance access, as outlined in the most recent edition.

Stream restoration projects, facilities and activities as approved are permitted within the forest buffer.

Water quality monitoring and stream gauging are permitted within the forest buffer, as approved.

Individual trees within the forest buffer may be removed which are in danger of falling, causing damage to dwellings or other structures, or causing blockage of the stream.

Show the extent of any forest buffer on the subject property by metes and bounds

Label the forest buffer

Provide a note to reference any forest buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the agency."

Provide a note to reference any protective covenants governing all forest buffers areas stating: "Any forest buffer shown herein is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."

All forest buffer areas shall be maintained through a declaration of protective covenant, which is required to be submitted for approval by the Board. The covenant shall be recorded in the land records and shall run with the land and continue in perpetuity.

All lease agreements must contain a notation regarding the presence and location of protective covenants for forest buffer areas, and which shall contain information on the management and maintenance requirements for the forest buffer for the new property owner.

An offer of dedication of a forest buffer area to the agency shall not be interpreted to mean that this automatically conveys to the general public the right of access to this area.

The Township shall inspect the buffer annually and immediately following severe storms for evidence of sediment deposition, erosion, or concentrated flow channels and corrective actions taken to ensure the integrity and functions of the forest buffer.

Forest buffer areas may be allowed to grow into their vegetative target state naturally, but methods to enhance the successional process such as active reforestation may be used when deemed necessary to ensure the preservation and propagation of the buffer area. Forest buffer areas may also be enhanced through reforestation or other growth techniques as a form of mitigation for achieving buffer preservation requirements.

Page 12

This ordinance shall apply to all proposed development except for that development which prior to the effective date of this ordinance:

Is covered by a valid, unexpired plat in accordance with development regulations

Is covered by a current, executed public works agreement

Is covered by a valid, unexpired building permit

Has been accepted to apply for a building permit

Has been granted a waiver in accordance with current development regulations.

Waivers may be granted by the reviewing Board under the following conditions:

Those projects or activities where it can be demonstrated that strict compliance with the ordinance would result in practical difficulty.

Those projects or activities serving a need where no feasible alternative is available.

The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to nontidal wetlands and associated aquatic ecosystems have been addressed

For those developments which have had buffers applied in conformance with previously issued requirements.

The buffer width made be relaxed and the buffer permitted to become narrower at some points as long as the average width of the buffer meets the minimum requirement. This averaging of the buffer may be used to allow for the presence of an existing structure or to recover a lost lot, as long as the streamside zone (Zone I) is not disturbed by the narrowing, and no new structures are built within the one hundred (100) year floodplain.

The applicant shall submit a written request for a waiver. The application shall include specific reasons justifying the waiver and any other information necessary to evaluate the proposed request. The agency may require an alternatives analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development.

Where the standards and management requirements of this buffer ordinance are in conflict with other laws, regulations, and policies regarding streams, steep slopes, erodible soils, wetlands, floodplains, timber harvesting, land disturbance activities or other environmental protective measures, the more restrictive shall apply.

NOTICE

Page 13

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on August 12, 2002, 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 September 2002, 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: 09/09/02

ANN MARIE EDEN TOWNSHIP CLERK

37-02

TITLE: AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY NEW JERSEY, AMENDING ORDINANCE 11-02 RIGHT TURN ONLY AT C.R. #10 – BENNETTS MILLS ROAD (SHOPPING PLAZA DRIVEWAY) AND C.R. #10 BENNETTS MILLS ROAD – COMMERCE BANK SHOPPING PLAZA DRIVEWAY

PUBLIC HEARING OPENED: NO ONE CAME FORWARD.

MOTION TO CLOSE PUBLIC HEARING BY: KAFTON MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

MOTION TO APPROVE ORDINANCE 37-02 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: KAFTON MOTION SECONDED BY: GIBLIN YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, the following:

Section 1. Section 103-60 – Schedule XVJ: Prohibited turns at intersections. In accordance with the provisions of Section 103-21, no person shall make a turn at any location listed and only in the manner described

No person shall make a turn at any location listed and only in the manner described.

Page 14

Section 2. This Ordinance shall take effect upon final passage and publication as required by Law.

If any part of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the Ordinance.

If any section, subsection, paragraph sentence of any part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect impair or invalidate the remainder of this ordinance not directly involved in the controversy in which such judgment shall have been rendered.

This Ordinance shall take effect immediately upon final passage and publication as required by law.

A certified copy of this Ordinance shall be forwarded to Ocean County Engineering Department and the Ocean County Board of Chosen Freeholders for their acceptance. Upon County approval, one certified copy of this Ordinance will be forwarded to the New Jersey Department of Transportation.

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on August 26, 2002, 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 September, 2002, 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: 09/09/02

38-02

TITLE: AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE

Page 15

PUBLIC HEARING OPENED: NO ONE CAME FORWARD

MOTION TO CLOSE PUBLIC HEARING BY: KAFTON MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

MOTION TO APPROVE ORDINANCE 38-02 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

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

SECTION 1. There is hereby vacated all of the right, title and interest of the public in all of that portion of Howley Terrace between Cassville Road (Route 571) and Anderson Road and in all of Pierce Place, adjacent to Howley Terrace; all of the above as shown on the official Tax assessment Map of the Township of Jackson pursuant to the provisions of N.J.R.S. 40:67-19.

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

SECTION 3. If any section, paragraph, subdivision, clause of 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 4. This ordinance shall take effect immediately upon final passage and publications as required by law.

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on August 26, 2002 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 September 2002, 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.

Page 16

Prior to the second reading, a copy of this Ordinance shall be posted on the Bulletin Board in the Municipal Building and copies shall be made available at the Township Clerk’s Office in said Municipal Building to members of the general public who shall request such copies.

ANN MARIE EDEN, RMC TOWNSHIP CLERK

DATED: 9/09/02

39-02

PUBLIC HEARING OPENED: NO ONE CAME FORWARD

MOTION TO CLOSE PUBLIC HEARING BY: KAFTON MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

MOTION TO APPROVE ORDINANCE 39-02 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

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

SECTION 1. There is hereby vacated all of the right, title and interest of the public in all of that portion of Fargo Avenue located between the borders of Lakewood Township on both ends of Fargo Avenue; all of the above as shown on the official Tax assessment Map of the Township pursuant to the provisions of N.J.R.S. 40:67-19.

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

SECTION 3. If any section, paragraph, subdivision, clause of 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 4. This ordinance shall take effect immediately upon final passage and publications as required by law.

Page 17

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on August 26, 2002 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 September, 2002, 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.

ANN MARIE EDEN, RMC TOWNSHIP CLERK

DATED: 09/09/02

40-02

TITLE: AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY NEW JERSEY, AMENDING CHAPTER 3, SECTION 19D(2)(b)(c) OF THE ADMINISTRATIVE CODE OF THE TOWNSHIP OF JACKSON INCREASING FEES FOR THE PURCHASE OF THE TOWNSHIP MASTER PLAN AND ZONING MAPS

PUBLIC HEARING OPENED: NO ONE CAME FORWARD

MOTION TO CLOSE PUBLIC HEARING BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

MOTION TO APPROVE ORDINANCE 40-02 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: KAFTON MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

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

SECTION 2: Is hereby amended by amending Section 3-19 2(b)(c) to read as follows:

Page 18

Additionally, all references to N.J.S.A. 47:1A-2 in Sections 3-19 D (1), (2)(j) and (3) shall be replaced with N.J.S.A. 47:1A-5.

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on August 26, 2002, 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 September, 2002, 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.

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

DATED: 09/09/02

41-02

TITLE: BOND ORDINANCE PROVIDING FOR VARIOUS 2002 CAPITAL IMPROVEMENTS, BY AND IN THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY (THE “TOWNSHIP”); APPROPRIATING $1,145,140.35 THEREFORE (A PORTION OF WHICH APPROPRIATION INCLUDES THE REAPPROPRIATION OF EXCESS BOND PROCEEDS IN THE AMOUNT OF $419,363.35) AND AUTHORIZING THE ISSUANCE OF $691,200.00 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF

PUBLIC HEARING OPENED:

WILLIAM SANTOS, 457 LEMING ROAD: He addressed Deputy Mayor Krakower, who is also the Finance Officer, and stated he thinks this ordinance appropriates an additional $700,000 through notes or bonds. He asked if this ordinance is adopted, what will the Township’s total gross debt be excluding bonds and notes for the schools? He said he had asked this question previously but that was during budget time and now they are borrowing more money since the adoption of the budget. He went on to say this bond ordinance authorizes the township to borrow an additional $691,000 and this should be a simple question. The Committee can find the answer on the Township’s supplemental debt statement that the Township is required to file. He explained that he is asking for information from his elected officials and can’t get it. In closing, he added that they are going to vote on something that they don’t have the answer to. Deputy Mayor Krakower told Mr. Santos that he doesn’t know what the exact amount is, but he believed he was given this answer in the past. He doesn’t want to say something because it is always taken out of context and turned into a lie. At the last meeting he explained how Mr. Santos said he came in support of the police officer. The same thing was done when he was the Administrator here, not once but twice. Mayor Broderick explained that they

haven’t borrowed any more money. He believes that this information was already given to Mr. Santos and if he has additional questions he should leave his name and number with Mr. Kennedy. He added that he spends enough time in Town Hall, he could have stopped in the Administrator’s office and asked for the information. In closing, he added that they had received all this information from the CFO and Administrator and were satisfied.

MOTION TO CLOSE PUBLIC HEARING BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

Page 19

WHEREAS, the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey (the “Township”), finally adopted the following bond ordinances on the dates set forth after each bond ordinance: Bond Ordinance Number 10-99 finally adopted on April 12, 1999, Bond Ordinance Number 14-99 finally adopted on July 26, 1999, Bond Ordinance Number 16-00 finally adopted on August 14, 2000, Bond Ordinance Number 19-01 finally adopted on June 11, 2001, and Bond Ordinance Number 44-01 finally adopted on October 22, 2001 (collectively, the “Ordinances”); and

WHEREAS, following the effective date of each of the Ordinances, the Township issued bonds to fully fund same and to finance the improvements or purposes authorized therein; and

WHEREAS, the Township has determined that all or a portion of the capital improvements or purposes set forth in each of the Ordinances have either been completed in full or discontinued as a result of events occurring subsequent to the adoption of the Ordinances, as applicable; and

WHEREAS, there currently remains on deposit in the Township capital accounts excess bond proceeds allocable to the Ordinances (the “Excess Proceeds”) but no longer necessary to complete the improvements or purposes authorized therein; and

WHEREAS, in accordance with its statutory powers set forth in section 39 of the Local Bond Law, N.J.S.A. 40A:2-1 et seq., the Township Committee has determined that it is in the best interest of the Township to reappropriate the Excess Proceeds to finance a portion of the cost of various 2002 capital improvements or purposes for which bonds may be issued, thereby, decreasing the amount of additional Township debt to finance

Page 20

such current capital needs; and

WHEREAS, the Township Committee now desires to reappropriate the Excess proceeds to undertake a portion of the cost of the various 2002 capital improvements or purposes for which bonds may be issued; and

WHEREAS, the Township Committee also now desires to appropriate additional monies and authorize the issuance of bonds or bond anticipation notes to undertake the portion of the cost of the various 2002 capital improvements or purposes which are not provided for by the reappropriation of the Excess Proceeds; and

BE IT ORDAINED AND ENACTED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 1. The following amounts of Excess Proceeds of the Ordinances are no longer necessary for the purposes for which they were authorized and issued:

SECTION 2. The total amount of $419,363.35 in Excess Proceeds is hereby reappropriated pursuant to N.J.S.A. 40A:2-39, and shall be used to finance a portion of the cost of the undertaking by the Township of general capital improvements or purposes for which bonds may be issued and, which general improvements or purposes are set forth in Section 5 of this bond ordinance.

SECTION 3. The improvements or purposes described in Section 5 of this bond ordinance are hereby authorized as general improvements or purposes to be undertaken by the Township. For the said improvements or purposes stated in Section 5, there is hereby appropriated and reappropriated, as applicable, the aggregate sum of $1,145,140.35, said sum being inclusive of the reappropriation of

Page 21

Exceed Proceeds in the amount of $419,363.35 and the aggregate amount of down payment in the amount of $34,577.00 for said improvements or purposes required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (the "Local Bond Law"). The down payments are now available by virtue of a provision or provisions in a previously adopted budget or budgets of the Township for down payment or for capital improvement purposes.

SECTION 4. For the financing of said improvements or purposes described in Section 3 hereof and to meet the part of said $1,145,140.35 appropriation not provided for by application hereunder of said Excess Proceeds and down payments, negotiable bonds of the Township are hereby authorized to be issued in the aggregate principal amount of $691,200.00 pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Township in an aggregate principal amount not exceeding $691,200.00 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law.

SECTION 5. (a) The improvements hereby authorized and purposes

for the financing of which said obligations are to be issued are as follows:

Page 22

Description

Down Useful Appropriation Authorization Payment Life TOTALS $1,145,140.35 $691,200 $34,577.00

Page 23

SECTION 6. In the event the United States of America, the State of New Jersey and/or the County of Ocean make a contribution or grant in aid to the Township for the improvements and purposes authorized hereby and the same shall be received by the Township prior to the issuance of the bonds or notes authorized in Section 4 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey and/or the County of Ocean. In the event, however, that any amount so contributed or granted by the United States of America, the State of New Jersey and/or the County of Ocean shall be received by the Township after the issuance of the bonds or notes authorized in Section 4 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose.

SECTION 7. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Township (the “Chief Financial Officer”), provided that no note shall mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determine all matters in connection with the notes issued

pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of N.J.S.A. 40A:2-8(a). The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate and the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 8. The capital budget of the Township is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith and a resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, is on file in the office of the Clerk and is available for public inspection. SECTION 9. The following additional matters are hereby determined, declared, recited and stated:

Page 24

Page 25

SECTION 11. The Township reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 5 of this bond ordinance and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. No funds from sources other than the bonds or notes authorized herein have been or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside by the Township, or any member of the same “Controlled Group” as the Township, within the meaning of Treasury Regulation Section 1.150-1(e), pursuant to its budget or financial policies with respect to any expenditures to be reimbursed. This Section 11 is intended to be and hereby is a declaration of the Township’s official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 5 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulation Section 1.150-2, and no further action (or inaction) will be an abusive arbitrage device in accordance with Treasury Regulation Section 1.148-10 to avoid the arbitrage yield restrictions or arbitrage rebate requirements under section 148 of the Internal Revenue Code of 1986, as amended (the “Code”). The proceeds of any bonds or notes authorized herein used to reimburse the Township for any expenditures toward the costs of the improvements or purposes described in Section 5 hereof will not be used directly or indirectly (i) to “refund” an

Page 26

issue of governmental obligations within the meaning of Treasury Regulation Section 1.150-(1)(d), (ii) to create, within one year, following the reimbursement of any expenditures of bond proceeds, “replacement proceeds” within the meaning of Treasury Regulation Section 1.1481 of the bonds, or any other bond issue, or (iii) to reimburse the Township for any expenditure or payment that was originally paid with the proceeds of any obligation of the Township (other than borrowing by the Township from one of its own funds or the funds of a member of the same “Controlled Group” within the meaning of Treasury Regulation Section 1.150-1(e)). The bonds or notes authorized herein to reimburse the Township for any expenditures toward the costs of the improvements or purposes described in Section 5 hereof will be issued in an amount not to exceed $691,200.00. The costs to be reimbursed with the proceeds of the bonds or notes authorized herein will be “capital expenditures” in accordance with the meaning of section 150 of the Code and Treasury Regulation Section 1.150-1. This provision will take effect immediately, but will be of no effect with regard to expenditures for costs paid outside the permitted reimbursement period set forth in Treasury Regulation Section 1.150-2(d)(2).

SECTION 12. The Township covenants to maintain the exclusion from gross income under section 103(a) of the Code, of the interest on all bonds and notes issued under this ordinance.

SECTION 13. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption as provided by the Local Bond Law.

ADOPTED ON FIRST READING DATED: August 26, 2002

ANN MARIE EDEN, Clerk of the Township of Jackson

ADOPTED ON SECOND READING DATED: September 9, 2002

ANN MARIE EDEN, Clerk of the Township of Jackson

Page 27

The bond ordinance published herewith has been finally adopted by the Township Committee of the Township of Jackson in the County of Ocean, State of New Jersey, on September 9^{th}, 2002, and the twenty (20) day period of limitation within which a suit, action or proceeding questioning the validity of such ordinance can be commenced, as provided in the Local Bond Law, has begun to run from the date of first publication of this Statement.

ANN MARIE EDEN, Clerk of the Township of Jackson

ORDINANCE FIRST READING 42-02

TITLE: AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON VACATING ALL OF THE RIGHT, TITLE AND INTEREST OF THE PUBLIC IN PORTIONS OF BELNAIR AVENUE

TOWNSHIP CLERK EDEN: She addressed the Mayor and the Committee and explained that she was advised today that additional information is required on Ordinance 42-02 from the Township Engineer. Therefore, she is requesting they pull this from the agenda.

MOTION TO TABLE ORDINANCE 42-02 ON FIRST READING, UNTIL SEPTEMBER 23, 2002 BY: KRAKOWER MOTION SECONDED BY: KAFTON YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

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

SECTION 1. There is hereby vacated all of the right, title and interest of the public in all of that portion of Belnair Avenue located between Bellevue Avenue and Block 56.80, Lot 12.06; all of the above as shown on the official Tax assessment Map of the Township pursuant to the provisions of N.J.R.S. 40:67-19.

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

SECTION 3. If any section, paragraph, subdivision, clause of provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to that section,

Page 28

subdivision, clause or provision so adjudged and the remainder of this ordinance shall be deemed to be valid and effective.

SECTION 4. This ordinance shall take effect immediately upon final passage and publications as required by law.

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on September 23, 2002, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 7th day of October, 2002, 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.

ANN MARIE EDEN, RMC TOWNSHIP CLERK

43-02

TITLE: AN ORDINANCE TO AMEND ORDINANCE 44-80 AND AMEND AND SUPPLEMENT CHAPTER 20, SECTION 20-29, SUBSECTION B OF THE ADMINISTRATIVE CODE OF THE TOWNSHIP OF JACKSON ESTABLISHING THE HOURS OF OPERATION OF THE TOWNSHIP OF JACKSON (8:30AM TO 4:30 PM)

MOTION TO APPROVE ORDINANCE 43-02 ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON SEPTEMBER 23, 2002 BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

BE IT ORDAINED BY THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, as follows:

SECTION 1. Chapter 20, Section 20-29, Subsection B of the Administrative Code and Ordinance 44-80 are hereby amended as follows:

The working hours for all municipal employees except Police and Public Works personnel shall be 8:30 AM to 4:30 PM with one (1) hour for lunch. The Township Committee may, in its discretion, by duly adopted resolution, provide for alternate hours for the Township of Jackson or for any department, division or bureau thereof as deemed appropriate by the Governing Body provided that said hours shall not reduce the total number of working hours

Page 29

per week except in emergency situation as deemed appropriate by the Governing Body.

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

SECTION 3. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid such adjudication shall apply only to that section, paragraph, subdivision, clause or provision so adjudged and the remainder of this ordinance shall be deemed invalid and effective.

SECTION 4. This ordinance shall take effect immediately upon final passage and publication as required by law.

MICHAEL L. BRODERICK MAYOR

NOTICE IS HEREBY GIVEN, that the foregoing ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, New Jersey, held on September 9, 2002 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on September 23, 2002 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 bulletin board in the Municipal Building and copies shall be made available at the Township Clerk's Office in said Municipal Building to members of the general public who shall request such copies.

ANN MARIE EDEN, RMC TOWNSHIP CLERK

WILLIAM SANTOS, 457 LEMING ROAD: He began by saying he had a few questions, but he just found the agenda on the website tonight. He looked for it over the weekend and it wasn't there. He asked about Resolution 451R-02, which amends 289R-02 and what it does? He said he understands this resolution pertains to the hours of operation. He then asked what the hours are? He stated that the amended Resolution 289R-02 was adopted in June and asked why another resolution is being done? He explained that he understood that the Municipal Building would be opened on Wednesdays in July and August until 6:00 PM. That never happened because they closed at 2:00 PM. He then went on to speak about Resolution 457R-02, which appoints a labor attorney. He asked the names of who would be appointed? He asked about Resolution 458R-02, the authorized execution of a settlement agreement and if there was a cash settlement? He then stated that he assumed that Resolution 459R-02 was also regarding a builder? He mentioned that Resolution 469R-02, which is a change order for Eagle Construction was the third change order in this project in the last two months. He told them that their architect didn't prepare a proper plan to go out to bid with. He added that this Committee refuses to accept responsibility for anything they do. He then spoke about Resolution 470R-02, which is the review and acknowledgement of the 2001 audit. He asked what the audit said and what the recommendations were? He explained that these recommendations were repeated from the 2000 audit. So, obviously their administration doesn't want to take action. He told

Page 30

them that this audit should have been submitted on June 30th and wasn't submitted until August. They violated the state law. If there was a problem, they could have asked for an extension. Mayor Broderick began by explaining the hours of operation and how they have to be consistent with the Ordinance. Due to the construction and the new information they have ascertained about the building due to neglect for years, they are extending the emergency hours due to the construction in accordance with a resolution they had put forward. The hours of operation are 8:30 AM to 4:30 PM, but the hours of the operational mode will still be until 2:00 PM. Mr. Kennedy explained that they had all departments opened on Wednesday nights for a trial period of 30 days and reported back to the Committee that in that time only two people came in. His recommendation back to the Committee was not to stay opened. That is not to say that after the construction they may try another night. Mayor Broderick went on answer the question regarding the labor attorneys being appointed tonight. He said the new Attorney's were Ruderman & Glickman and Apruzzese, McDermott, Mastro & Murphy. The Mayor later spoke about the change order for Eagle Construction. He said that if Mr. Santos was on top of his game when he was the Administrator, they wouldn't have these problems. This was his failure to maintain the building. Attorney Starkey explained Resolution 458R-02 is being settled so they are now able to discuss the details. The litigation was between Jackson Township and Joshua Associates and was over zoning changes that increased the minimum lot sizes. The terms of the settlement agreement is that the owner of the property will receive preliminary approvals for smaller lot sizes, but will market his property as commercial property. He said he recommended this because it will benefit the Township to have residential property marketed as commercial property. There was no cash settlement involved. Then Mr. Starkey explained that Resolution 459R-02 was similar. It was also a challenge to zoning. The settlement was preliminary approvals based on lot sizes and the developer will be providing substantial recreation areas to the Township. This developer had a good argument. The lots sizes in this neighborhood were much smaller. Therefore, he recommended to settle this because they would get something they would not normally get if they lost this. Deputy Mayor Krakower explained that this change order for Eagle Construction was because when they started to fix the roof they found old paint cans between the tiles catching water from the leaks. None of this could have been foreseen. This was how the former administration dealt with the leaks and now they have to do it right. They are still under budget. He went on to talk about the audit being late because again due to the construction the auditors were unable to work in the main meeting room making it difficult to receive information in a timely manner. Committeeman Giblin stated for the public's edification this change order for Eagle Construction amounts to unforeseen work when putting the new roof on. To finish the project in a timely and efficient manner it was necessary to put this money in there. He went on to speak about the audit and the three recommendations that were made. The first being with the Police Department turning in their books after 6 months, number two being the Industrial Commission bringing their minutes up to date and number three was the Township needing to strengthen their controls over CBBG Grants. He commented on this being like a quiz show and he tries to anticipate the questions that Mr. Santos might ask. Attorney Starkey added that regarding the change order for Eagle Construction, there were contingent payments built into the contract. The 1,632 was taken out of contingency in the contract. Although it is a change order there was no increase in the cost to the Township.

JOHN SMATUSIK, FRANK APPLEGATE ROAD: He began by saying he was very upset about what he was hearing. Mr. Santos was his boss for many years. Whenever he told him at budget time there were leaks in the roof and something had to be done about it, he never responded with a budget. People before they went home at night had to cover the computers. They had a 25 year bond on that building and the building didn't last the bond issue. This should have been done years ago. Regarding the justice complex, the HVAC system air conditioners were delivered there as soon as the contract was awarded. They sat on the site in crates. It took three years to finish that job. The units were then put on the roof and never worked properly. The guarantee was over. Enough is Enough!

Page 31

FRANK CIPULLY, 14 BRITTANY LANE: He stated he would like some information with regard to Resolution 452R-02, which is hiring a labor attorney for contract year 2002. He asked if that was specifically for the PBA? He then asked what the cost to the taxpayer was? Mayor Broderick stated that this was for all the contracts and the cost was about $125 – 135 an hour.

GARY BLACK, 76 LEWIS LANE: He addressed the Mayor and said regarding the labor attorney, you and I are both Teamsters, why can't the administration walk into negotiations without an attorney? Let the administrator do it. Then if it comes to an impasse bring in an attorney. Mayor Broderick said it was the decision of this Committee to do it that way. Deputy Mayor Krakower added that cheaper sometimes cost more.

RESOLUTION 449R-02

MOTION TO APPROVE BY: KAFTON MOTION SECONDED BY: GIBLIN YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, on September 11, 2001 terrorists hijacked four civilian aircraft, crashing two into the World Trade Center in New York City, a third into the Pentagon outside of Washington D.C., and a fourth into the countryside of Pennsylvania; and

WHEREAS, thousands of innocent people, including Americans of every heritage and visitors to our shores, were killed and injured as a result of these wicked and reprehensible attacks, including the passengers and crews of the aircraft, workers in the World Trade Center and the Pentagon, bystanders, tourists and rescue workers; and

WHEREAS, these attacks were the deadliest assaults ever launched against the United States and by targeting symbols of American strength and success, were clearly intended to intimidate our Nation and weaken it resolve;

NOW, THEREFORE, BE IT RESOLVED by the Township of Jackson in the County of Ocean, in the State of New Jersey that we extend our deepest condolences to the victims of these heinous and ungodly actions, as well as to their families and their friends; and be it further

RESOLVED, that we commend the heroic actions of the passengers and crews of the aircraft, the rescue workers, the volunteers, the local officials, and so many of the victims, themselves, who responded to these tragic events with courage, compassion, determination and skill; and be if further

RESOLVED, that we do condemn and denounce the terrorists who planned and executed this devastation, as well as their cowardly sponsors and accomplices; and be it further;

RESOLVED, that we thank those foreign leaders and individuals who have expressed solidarity with the United States in the aftermath of the attacks; and be it further;

Page 32

RESOLVED, that we support our President, his Cabinet, our Armed Forces, our Federal, State and Local law enforcement agencies and Congress in their efforts to bring justice to the perpetrators of these attacks, and to their accomplices and sponsors; and be it further

RESOLVED, that we stand ready, with Governor McGreevey and his Administration to share whatever of our resources may be needed for the on-going recovery efforts, as well as with any agencies charged with the investigation of this mass murder and the apprehension of the responsible parties; and be it further

RESOLVED, that the Township of Jackson does so hereby designate September 11, 2002 as “Always Remember Day” in commemoration of the innocent victims and the intrepid heroes of the terrorist attack on the United States which took place on September 11, 2001; and be it further

RESOLVED, that all persons within this municipality are urged to honor these victims by appropriate displays of our flag and of red, white and blue ribbons, and that a copy of this resolution be sent to the New Jersey State League of Municipalities.

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

DATED: 09/09/02

RESOLUTION 450R-02

TITLE: A RESOLUTION OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY EXPRESSING OPPOSITION TO THE REMOVAL OF THE PHRASE “...ONE NATION UNDER GOD...” FROM THE PLEDGE OF ALLEGIANCE BY THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: KAFTON YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, on June 26, 2002, the United States Court of Appeals for the Ninth Circuit declared that the Pledge of Allegiance violates the Establishment Clause of the Constitution because it includes the phrase “…one Nation under God…”, and is therefore unconstitutional; and

WHEREAS, from its very inception, references to the importance of Providence to this nation have been included in our founding documents and political statements, from the Mayflower Compact, the Declaration of Independence, the Great Seal of the United States, Washington’s First Inaugural Address, the Gettysburg Address, the Tomb of the Unknown Soldier, and through the current crisis of September 11, 2001; and

WHEREAS, the phrase “…one Nation under God…” expresses a national sentiment reaching back to the creation of our nation and is today a cherished part of the fabric of Ocean County life; and

WHEREAS, the First Amendment of the Constitution states that Congress shall make no law respecting an establishment of religion; and

WHEREAS, by the aforesaid phrase the Founding Fathers were referring to the establishment of a state tax supported church or religion as existed at the time in several states of the United States, and nations of Europe, and not to references to God in community ceremonies; and

Page 33

WHEREAS, references to the Deity in official government documents, speeches and mottoes, including the Pledge of Allegiance, have been a long established tradition and manifestly do not constitute the meaning of “an establishment of religion” as intended by the Founding Fathers; and

WHEREAS, the overwhelming majority of Americans and Ocean County residents, support the inclusion of this phrase in the Pledge of Allegiance, and share our outrage, as no one is under any compulsion to recite that portion of the Pledge of Allegiance or even the Pledge itself.

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

DATED: 09/09/02

TOWNSHIP CLERK EDEN: For the Public’s edification she explained that Resolution 457R-02 was to approve the appointment of a labor attorney for calendar year 02. The labor attorneys being appointed are Robert Clarke and Steve Glickman.

RESOLUTION 443-02

TITLE: TAX OVERPAYMENT REFUNDS

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

Page 34

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 Committee to have these overpayments returned to the respective taxpayers;

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

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

DATED: 09/09/02

RESOLUTION 444R-02 TITLE: APPROVE TOWNSHIP COMMITTEE MEETING MINUTES OF AUGUST 12, 2002

MOTION TO APPROVE BY: GIBLIN

Page 35

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

WHEREAS, the Township Clerk has reviewed these Minutes and has submitted them to the Township Committee for their approval;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Township Committee of the Township of Jackson, County of Ocean, that:

DATED: 09/09/02

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

RESOLUTION 445-02

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY APPROVING MORTGAGE SUBORDINATION FOR BOJANA B. HURLEY FOR PROPERTY LOCATED AT 14 NEW JERSEY AVENUE AND DESIGNATED AS LOT 14, BLOCK 126.41 ON THE TAX MAP OF JACKSON TOWNSHIP

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, Bojana B. Hurley is the owner of property located at 14 New Jersey Avenue and designated as Lot 14, Block 126.41 on the Tax Map of Jackson Township; and

WHEREAS, the property is encumbered by a first mortgage held by Long Beach Mortgage Company in the initial principal amount of $148,000.00; and

WHEREAS, the Township of Jackson holds a mortgage on the property in the amount of $11,250.00; and

WHEREAS, Bojana B. Hurley has received a mortgage commitment from Washington Mutual Home Loans, Inc. in the principal amount of $155,000.00; and

WHEREAS, the new loan will be used to pay off the existing mortgage held by Long Beach Mortgage Company on the property, leaving Washington Mutual Home Loans, Inc. holding a first mortgage in the amount of $155,000.00; and

Page 36

WHEREAS, a Collateral Valuation Report dated July 17, 2002 and prepared by Brian J. Dreikorn, estimates the property has a fair market value of $215,000.00, which exceeds the amount of the two proposed mortgages;

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

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

Page 37

RESOLUTION 447-02

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, Crossroads Realty has requested a Release of the Performance Guarantee which consists of $66,748.80 in the form of a Cash Guarantee pertaining to the Crossroads Realty Building, a/k/a Block 2.01, Lot 11.01 Jackson Township and

WHEREAS, Ernest J. Peters, Jr. P.E., Township Engineer, CME Associates, has reviewed and approved the release of said performance bond in letter report dated August 19, 2002, which letter report is made a part hereof; and

WHEREAS, the Township Committee of the Township of Jackson has considered the application and the report of the Engineer;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance bond, consisting of $66,748.80 in the form of a Cash Guarantee, heretofore posted with the Township may and hereby is released on the condition that the applicant:

DATED: 09/09/02

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO STUART PANCER OF THE PERFORMANCE BOND ISSUED FOR BLOCK 56.09, LOTS 1 - 23

Page 38

WHEREAS, Stuart Pancer has requested a Release of the Performance Guarantee which consists of $7,830.00 in the form of a Bond and $870.00 in the form of a Cash Guarantee pertaining to a Site Plan for Block 56.09, Lots 1 - 23, Jackson Township; and

WHEREAS, Ernest J. Peters, P.E., Township Engineer, CME Associates, has reviewed and approved the release of said performance bond in letter report dated April 4, 2002, which letter report is made a part hereof; and

WHEREAS, the Township Committee of the Township of Jackson has considered the application and the report of the Engineer,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance Bond, consisting of $7,830.00 in the form of a Bond and $870.00 in the form of a Cash Guarantee, heretofore posted with the Township may and hereby is released on the condition that the applicant:

DATED: 09/09/02

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

RESOLUTION 451-02

TITLE: AMEND RESOLUTION NO. 289R-02 ENTITLED ESTABLISHED HOURS OF OPERATION FOR THE TOWNSHIP OF JACKSON

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI

Page 39

WHEREAS, it is the desire of the Mayor and Township Committee to amend Resolution 289R-02 which establishes new hours of operation for the municipal offices within the Township of Jackson; and

WHEREAS, the new hours of operation will provide more convenience and service to the public; and

WHEREAS, these hours of operation shall commence on August 31, 2002 and end upon completion of the construction of the municipal building;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY that:

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

DATED: 09/09/02

RESOLUTION 452-02

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, a need exists in the Tax Collector's Office for the appointment of personnel to the position of Senior Clerk; and

WHEREAS, the Mayor and Township Committee have determined that it is in the best interest of the Township of Jackson to promote an individual within the Tax Collector's Office to this position;

Page 40

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

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, a need exists in the Recreation Department for the appointment of personnel for the Recreation Girl’s Fall Softball Program; and

WHEREAS, the Municipal Administrator has made a recommendation for the appointment of individuals to fill said positions;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY that:

DATED: 09/09/02

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

RESOLUTION 454-02

TITLE: AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN JACKSON TOWNSHIP AND PETER MAHER FOR APPRAISAL SERVICES FOR CY 2002

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, the Township is in need of professional appraisal services for the remaining calendar year 2002; and

Page 41

WHEREAS, N.J.S.A. 40A:5-11 permits the appointment without advertising for bids; and

WHEREAS, N.J.S.A. 40A:11-5(1)(a)(i) permits this appointment without advertising for bids pursuant to Appraisal Services being a Professional Service; and

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

WHEREAS, the Chief Financial Officer has certified that a maximum of $2,500.00 is available for this purpose.

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

DATED: 09/09/02

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

RESOLUTION 455-02

TITLE: AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT BETWEEN JACKSON TOWNSHIP AND JOHN COAN FOR APPRAISAL SERVICES FOR CY 2002

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, the Township is in need of professional appraisal services for the remaining calendar year 2002; and

WHEREAS, N.J.S.A. 40A:5-11 permits the appointment without advertising for bids;

and

Page 42

WHEREAS, N.J.S.A. 40A:11-5(1)(a)(i) permits this appointment without advertising for bids pursuant to Appraisal Services being a Professional Service; and

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

WHEREAS, the Chief Financial Officer has certified that a maximum of $2,500.00 is available for this purpose.

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

DATED: 09/09/02 TOWNSHIP CLERK, RMC

ANN MARIE EDEN

RESOLUTION 456-02

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, the Township is in need of professional appraisal services on properties relative to Open Space Acquisitions; and

WHEREAS, N.J.S.A. 40A:5-11 permits the appointment without advertising for bids; and

WHEREAS, N.J.S.A. 40A:11-5(1)(a)(i) permits this appointment without advertising for bids pursuant to Appraisal Services being a Professional Service; and

Page 43

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

WHEREAS, the Chief Financial Officer has certified that a maximum of $25,000.00 is available for this purpose.

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

RESOLUTION 457-02

TITLE: APPROVE APPOINTMENT OF LABOR ATTORNEY FOR THE YEAR 2002

WHEREAS, the position of Labor Attorney is vacant, and

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

Page 44

WHEREAS, the maximum amount of this contract is undetermined and the Chief Financial Officer has certified that a maximum amount of 10,000 is available for this purpose is an appropriation in the 2002 Budget entitled:

Legal Services Other Expenses

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

Page 45

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

ANN MARIE EDEN TOWNSHIP CLERK, RMC

DATED: 09/09/02

RESOLUTION 459-02

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING A SETTLEMENT IN THE CIVIL LAWSUIT OF MARSYLL OF B.B., INC. ASSOC. V. TOWNSHIP OF JACKSON, DOCKET NOS. OCN-L-3160-01 AND OCN-L-850-01

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, in 2001, Marsyll of B.B., Inc., Assoc. filed a civil lawsuit against the Township of Jackson regarding Jackson Township Ordinances No. 03-01 and No. 36-01; and

WHEREAS, Marsyll of B.B., Inc., Assoc., has offered in settlement to release the Township of Jackson from any liability or damages arising out of the civil action, Docket Nos. OCN-L-97-01 and OCN-L-850-01, subject to the attached "Exhibit A"; and

WHEREAS, the Township Attorney, Kevin N. Starkey, Esq., has recommended entering into the proposed Settlement Agreement; and

WHEREAS, the Township Committee of the Township of Jackson has considered the Settlement Agreement and the recommendation of Kevin N. Starkey, Esq.;

DATED: 09/09/02

RESOLUTION 460-02

TITLE: RESOLUTION AUTHORIZING THE ADVERTISEMENT AND ACCEPTANCE OF BIDS FOR A SERVICE MAINTENANCE CONTRACT – HVAC SYSTEM IN THE JUSTICE COMPLEX

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, the Director of Public Works has reviewed and the Township Committee has approved specifications for and has determined that it will advertise for sealed bids for a heating and air conditioning maintenance contract agreement for the Justice Complex for the period commencing November 1, 2002 and ending October 31, 2003.

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

Page 46

Page 47

(N.J.S.A. 10:5-31 et seq.) Successful bidders shall execute contract containing Affirmative Action Requirement established by regulations pursuant to P.L. 1975, Chapter 127.

DATED: 09/09/02

Page 48

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

RESOLUTION 462-02

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, Arcon Development, LLC has requested the Release of a Cash Bond in the amount of $1,500.00 pertaining to 7 Conor Road, a/k/a Block 45, Lot 25.04, Jackson Township; and

WHEREAS, Ernest J. Peters, P.E., Township Engineer, CME Associates, has reviewed and approved the release of said cash bond in a letter report dated August 23, 2002, which letter report is made a part hereof; and

WHEREAS, the Township Committee of the Township of Jackson has considered the application and the report of the Engineer;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Jackson, County of Ocean and State of New Jersey, that the Cash Bond in the amount of $1,500.00 heretofore posted with the Township may and hereby is released to Arcon Development, LLC. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.

DATED: 09/09/02

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

RESOLUTION 463-02

TITLE: APPROVE APPOINTMENT OF EDWARD GLASNER, ESQ. AS SPECIAL HEARING OFFICER WITH REGARD TO A DISCIPLINARY MATTER

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, the position of “Special Hearing Officer” with regard to a disciplinary matter is vacant; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) requires that 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 undetermined and the Chief Financial Officer has certified that a maximum amount of $750.00 is available for this purpose in

Page 49

an appropriation in the 2002 Budget entitled:

Legal Services Other Expenses

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

DATED: 09/09/02

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

RESOLUTION 464-02

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO PARAMOUNT HOMES OF THE CASH BOND ISSUED FOR BLOCK 5.01, LOT 2.25

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KRAKOWER & BRODERICK ABSTENTIONS: KAFTON

WHEREAS, Paramount Homes has requested the Release of a Cash Bond in the amount of $1,500.00 pertaining to 5 Woods Edge Drive, a/k/a Block 5.01, Lot 2.25, Jackson Township; and

WHEREAS, Ernest J. Peters, P.E., Township Engineer, CME Associates, has reviewed and approved the release of said cash bond in a letter report dated August 22, 2002, which letter report is made a part hereof; and

WHEREAS, the Township Committee of the Township of Jackson has considered the application and the report of the Engineer;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Jackson, County of Ocean and State of New Jersey, that the Cash Bond in the amount of $1,500.00 heretofore posted with the Township may and hereby is released to Paramount Homes. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.

DATED: 09/09/02

Page 50

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

RESOLUTION 465-02

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, KAFTON, KRAKOWER & BRODERICK ABSTENTION: GRISANTI

WHEREAS, Jackson Township sponsors an annual “Jackson Day” at which a fireworks display is part of the celebration; and

WHEREAS, Jackson Township desires to contract with Great Adventure for the fireworks exhibition display; and

WHEREAS, the contract shall be in the amount of $-0-, as said fireworks will be donated by Great Adventure in accordance with such other terms of the attached contract; and

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

DATED: 09/09/02

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

RESOLUTION 466-02

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO RYAN HOMES OF THE CASH BOND ISSUED FOR BLOCK 66.09, LOT 2.13

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, Ryan Homes has requested the Release of a Cash Bond in the amount of $1,500.00 pertaining to 15 Cranberry Court, a/k/a Block 66.09, Lot 2.13, Jackson Township; and

WHEREAS, Ernest J. Peters, P.E., Township Engineer, CME Associates, has reviewed and approved the release of said cash bond in a letter report dated August 22, 2002,

Page 51

which letter report is made a part hereof; and

WHEREAS, the Township Committee of the Township of Jackson has considered the application and the report of the Engineer;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Jackson, County of Ocean and State of New Jersey, that the Cash Bond in the amount of $1,500.00 heretofore posted with the Township may and hereby is released to Ryan Homes. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.

DATED: 09/09/02 TOWNSHIP CLERK

ANN MARIE EDEN, R.M.C.

MOTION TO APPROVE BY: GIBLIN

MOTION SECONDED BY: GRISANTI

YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, the County of Ocean has proposed to install a traffic light at County Line Road and Jackson Mills Road; and

WHEREAS, the County of Ocean has supplied to the Township a traffic signal agreement covering said location; and

WHEREAS, it is the desire of this governing body to enter into an agreement with Ocean County whereby the County will bear all costs of installation and maintenance and the Township will bear the cost of the electric requirements for said traffic signal; and

WHEREAS, the Township desires to enter into an agreement with Ocean County pursuant to the Interlocal Services Act and to approve the same by the required resolution.

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

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

DATED: 09/09/02

Page 52

WHEREAS, Jackson Township previously awarded a contract to Eagle Construction and approved previous Change Orders for a current contract amount of $903,395.00 for the project entitled “New Roof & HVAC Replacement” for the Jackson Township Municipal Building; and

WHEREAS, the Township Architect, Robert Krieger, Township Mechanical Engineer, Lou Hegyi and Township Administrator have reviewed said project and recommend approval of Change Order No. 3 for the relocation of an existing water line above Corridor 109 due to the need to install two (2) new supply air diffusers in this corridor and the lack of space above the ceiling, and;

WHEREAS, said Change Order No. 3 in the amount of $1,632.00 will be deducted from the contract contingency thus resulting in a no cost increase to the contract, and;

WHEREAS, it is now the desire of this governing body to approve Change Order No. 3 dated August 29, 2002 to provide for the relocation of an existing water line above Corridor 109 due to the need to install two (2) new supply air diffusers in this corridor and the lack of space above the ceiling, and;

DATED: 09/09/02

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

RESOLUTION 470-02

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY APPROVING AND ACKNOWLEDGING REVIEW OF THE 2001 TOWNSHIP AUDIT

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI

Page 53

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, the Annual Report of Audit for the year of 2001 has been filed by a Registered Municipal Accountant with the Township Clerk as per the requirements of N.J.S.A. 40A:5-6 and a copy has been received by each member of the governing body; and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs as per R.S. 52:27BB-34; and

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have review, as a

WHEREAS, the members of the Governing Body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

As evidenced by the group affidavit form of the governing body; and

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after receipt of the annual audit, as per the regulations of the Local Finance Board; and

WHEREAS, all members of the governing body have received and familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, failure to comply with the promulgation of the Local Finance board of the State of New Jersey may subject the members of the governing body to the penalty provisions of R.S. 52:27BB-52 to with:

R.S. 5:27BB-52 – “A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the Director (Director of Local Government Services), under the provision of this article, shall be guilty of misdemeanor and, upon conviction, may be fined not more than one thousand ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.”

NOW, THEREFORE, BE IT RESOLVED, the governing body of the Township of Jackson, hereby states that it has complied with the promulgation of the Local Finance Board of the State of New Jersey July 30, 1968 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

Page 54

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, a need exits in the Inspections Department for the appointment of a Building Inspector on a full time basis; and

WHEREAS, it is the desire of the Mayor and Township Committee to fill said positions;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STAE OF NEW JERSEY that:

DATED: 09/09/02

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

RESOLUTION 472-02

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING PUBLIC SALE/AUCTION OF SURPLUS VEHICLE AND EQUIPMENT NOT NEEDED FOR PUBLIC USE

MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, Jackson Township is currently in possession of vehicles and equipment obtained by the Jackson Township Police Department and the Jackson Township Department of Public Works; and

WHEREAS, said personal/public property is no longer needed for public use and purposes; and

WHEREAS, it is the desire of the Jackson Township Committee to offer said properties for sale at public auction to the highest bidder (and setting forth minimum bid where applicable); and

WHEREAS, said sale shall be conducted in accordance with the provisions of

Page 55

WHEREAS, the governing body hereby establishes a date of October 19, 2002 as the date of said sale commencing at 8:30 a.m. at the Jackson Twp. Department of Public Works, 10 Don Connor Boulevard, Jackson, New Jersey; and

WHEREAS, notice of said sale indicating the date, time, and place together with a description of the items to be sold as set forth in the attached Schedule A shall be published once in a newspaper circulating within Jackson Township. Said notice of sale shall be published twice in two consecutive weeks and the sale shall not be held less than seven nor more than fourteen days after the last publication of said notice; and

WHEREAS, Jackson Township reserves the right to accept or reject any and all bids submitted for said personal property.

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

Auction will take place on October 19, 2002 (rain or shine). The sale shall commence at 8:30 a.m. All items available for sale can be inspected by prospective bidders starting at 7:30 a.m. prior to the auction.

EVERYTHING IS BEING SOLD AS-IS THERE ARE NO WARRANTIES.

ALL ITEMS THAT CAN BE REMOVED ON DAY OF SALE WILL BE CASH AND CARRY.

Any large items that cannot be paid in full on the day of sale must have a minimum of twenty-five percent paid on the day of sale.

Only cash and check drawn on local banks will be accepted. (No out of state bank checks will be accepted). All sales are final. The Township Committee reserves the right to reject any and all bids.

The Township of Jackson makes no warranty of guaranties, expressed or implied, as to the accuracy of the information regarding items offered for sale.

Any announcement made the day of the sale will supersede any printed material.

DATED: 09/09/02

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

Page 56

WHEREAS, the Township Committee recently enacted a new Chapter 44 of the Township Code, which provides a procedure to deal with unsafe structures I n the Township; and

WHEREAS, the Township Committee has established a committee to oversee repairs and demolition of unsafe buildings and structures in the Township; and

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

DATED: 09/09/02

RESOLUTION 474R-02

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 1 TO THE CONTRACT BETWEEN JACKSON TOWNSHIP AND R.B. REYNOLDS CONTRACTING, INC. FOR THE PUBLIC WORKS BUILDING FIRE DAMAGE REPAIR AND INCREASING SAID CONTRACT BY $34,781.00 MOTION TO APPROVE BY: GIBLIN MOTION SECONDED BY: GRISANTI YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK

WHEREAS, Jackson Township previously awarded a contract to R.B. Reynolds Contracting, Inc. for the Public Works Building Fire Damage Repair in the amount of $225,236.00; and

WHEREAS, the Township Engineer and the Township Administrator have reviewed said project and recommended the approval of Change Order No. 1 due to additional and supplementary work ordered and required due to building code issues (i.e.: fresh air intake system and fire wall in equipment room); and

WHEREAS, said Change Order No. 1 will increase the contract by $34,781.00; and

WHEREAS, the chief Financial Officer has certified that sufficient funds exist for the

Page 57

payment of this Change Order No. 1; and

WHEREAS, it is now the desire of this governing body to approve Change Order No. 1 dated August 13, 2002 to provide additional and supplementary work ordered and required due to building code issues, and;

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

DATED: 09/09/02

DISCUSSION AGENDA:

MAYOR BRODERICK: He stated he wanted to give information for the proper disposal of torn or ripped flags. The three depots that will dispose of the flags are: Veterans of Foreign War, Magnolia Drive in Jackson

For the publics' edification he announced that September 21st is the Jackson Day event. Committeeman Kafton and his wife Barbara are heading up this event and they anticipate a great day.

MURRAY FIRESTONE, 1 HAZLETON LANE: He expressed his concerns about the new Town Center. He asked why the Township is even considering this? Mayor Broderick stated that a presentation would be made to the public by the gentleman who is proposing this Town Center concept on October 3rd at the Fine Arts Center. There is no application before them at this time. There is also a website up and running. The Township is considering this for commercial ratables. The Mayor added that he is proposing this but that doesn't mean he is going to get it. Deputy Mayor Krakower explained that he has approval already for 1,644 multi-family homes from 1999. Committeeman Grisanti stated that in the past the developers were allowed to keep coming in for extensions, but that doesn't happen now. He has until 2004 to build his 1,644 homes.

JOHN SMATUSIK: He explained that there was approval for 1,850 homes under Mr. Santos’s administration back in 1988. That was with no age restrictions. He said that there is water waste run-off from thousands of homes being built and they reroute all the rainwater. The rainwater turns into salt water within 24 hours of falling. All this runoff goes into the streams. If the state is interested in saving them, we should back them 100 percent.

Page 58

JOHN DELANEY, 25 LUXURY CIRCLE: He addressed Mr. Krakower regarding pictures he has. Then he stated that Mr. Terhune is finally making some kind of repairs on the septic system. He asked the Committee if they knew who held the liability insurance for the park as of February 10th. He said he approached Mr. Terhune because he had fallen into a hole on this property that he is managing regarding liability insurance. He told me to speak to the park owner. The park owner said according to his lease as of February 1st, Mr. Terhune should be carrying this insurance. Doesn’t the Township know who has this insurance? Mayor Broderick told him he should contact his own attorney regarding that matter. Mr. Delaney then went on to speak about receiving information in the mail from Mr. Terhune regarding their water being tested. He asked if there is anything that requires that the Township has to get the results of this testing? Committeeman Kafton explained that the Ocean County Health Department probably requires this testing because it is a private system. The results should be on record there.

EARL TERHUNE, JACKSON: He began by saying that Mr. Delaney comes here every week and asks for help. It doesn’t seem like anybody is helping him except for Earl Terhune and Luxury Trailer Park. They are stoning every septic tank in that park. They would have done this a lot sooner if it wasn’t for the Building Department and Zoning Department harassing them. He explained that the water is tested every month. The DEP is the one who comes in and does this. He then stated that he was insured from the day he took over that park. Mr. Terhune stated that he didn’t have to have permits to pump from tank to tank per the DEP. He said in good faith they have cleaned up both parks. He then asked the Committee to give him his license so he could put in new homes. He spoke about how the Zoning Officer keeps harassing him about the new trailers that are sitting there to go on the lots, which can’t be done without a license. They were already to court over this once. Deputy Mayor Krakower had asked Mr. Terhune why he was pumping septic waste from tank to tank if he didn’t have any permits to do that? He later asked if he had proof from the DEP in writing that he didn’t need permits?

MURRAY FIRESTONE, 1 HAZLETON LANE: He expressed his opinion regarding the Resolution that was passed regarding new fees for the master plan. He asked to make the master plan free for residents. Mayor Broderick stated that they are just charging the fee that it is costing them for reproduction. He told him he could go to Town Hall or to the library to review it.

GARY BLACK, 76 LEWIS LANE: He asked how much a penny on the tax rate equals in anticipated revenue? He then stated that hopefully, they will keep one of their campaign promises to get cable television to televising the meetings. He went on to speak about the Town Center and how they make it sound like this just came out of nowhere. In Mr. Grisanti's campaign literature there were references to it. The Asbury Park Press stated that there has been secret negotiations for two years? Committeeman Giblin stated that a penny is $237,000 dollars in anticipated revenue. Then he later explained that as far as televising these meetings, there was a problem with the original purchasing agent to purchase the equipment. They anticipate in the near future they will have these meetings televised. Committeeman Grisanti stated that in Cablevision's contract there were provisions that they had to help to provide equipment. We had to enlighten Cablevision that they were obligated to do that and now they are aware of it. It will take time for them to give us equipment and airtime, etc. Committeeman Kafton stated that regarding the Town Center, the developer has not filed any applications with the Township. They have made presentations and he should go to the meeting in October. Deputy Mayor Krakower stated that nobody supports 5,400 homes. We have a problem because the average family has almost 3 children, with 1,604 units this would mean about 4,500 children added to our school system. The average elementary school feeds 800 to 900 children. We would have to build two to three elementary schools and an additional high

Page 59

school. We are putting out everything to the residents. Committeeman Grisanti said to just listen, it is not political they asked the developer to present this to the community. No decisions have been made. Mayor Broderick stated that this has never been done before. All the other large communities the public never had any input. Mayor Broderick asked Mr. Black to provide him with the article from the Asbury Park Press stating that they have been in secret negotiations.

JOHN SMATUSIK, FRANK APPLEGATE ROAD: He began by stating that regarding the Town Center this is about 900 acres. This man has been putting this together for about ten years. Whether we agree with this or not there are some good points and bad points. He said he wouldn't expect anyone approving 5,400 homes. The bottom line is under a totally Republican administration this man already got approval for 1,850 units without age restrictions. They are going to build on Cedar Swamp and they could build that tomorrow. If this program doesn't work out, Hovnanian or someone else will buy it. This is an approved package and we can't stop it. We are looking at 4,000 more kids in the schools.

ALLEN COTTRELL, 125 SUSAN DRIVE: He discussed something that was written in the Schubert/Reilly Roundtable. It stated that over 1/2 of the Police Force showed up at the August 12th meeting. He said that there are 86 people on the force. The headcount taken at the meeting was about 18-20 officers. Mr. Schubert who presents himself as a highly decorated police officer and fire fighter, was not at that meeting or either meeting last month. He stated that conveniently, Mr. Schubert, his wife, Josh Reilly and Bill Santos who is the architect of their failing campaign, decide to leave when he gets up to speak. They don’t want to take the heat. He went on to talk about a piece he wrote in the Jackson Times that was highly critical of their campaign. Ron Seaman wrote back who is a registered voter, but has an unlisted phone number. He, like the Savages never see fit to actually attend Committee meetings, but have plenty to say. The author of another letter, Lena Bocharoff, doesn’t have a phone number listed in Jackson or isn’t listed as a registered voter. There is 57 days before the election. They have challenged the incumbents to debates. Where are the debates? He spoke about how Town Hall is getting a new roof. Under the 10 year term of Santos and team Bubbles not one cent was put into that building. At the end of the day people were instructed to cover their electronic equipment in case of rain.

make it, therefore, he is speaking on his behalf and on the behalf of the membership. Previously, they have been here to have some things clarified. He asked Mayor Broderick if he was in receipt of his letter regarding contract negotiations along with other correspondence? He spoke about Resolution 457R-02 and asked if the public is aware that their contract isn’t settled overnight. It is going to cost the taxpayers $125.00 an hour over $1,000 a day. In the past they never sat down with a labor attorney. He said in response to Mr. Cottrell’s comments, the PBA doesn’t endorse any candidate or any party. What was written in the paper was done without their knowledge. He later added that they will have their proposals ready by the end of the week. Mayor Broderick stated they were in receipt of the correspondence and they will be in touch. The other issue regarding Mr. Oleskey’s situation is now in litigation and bars them from saying anything. He later asked if they had formal proposals ready to sit down with? Committeeman Grisanti commented on some of the members at the last meeting carrying signs saying “We’ll remember in November”. Deputy Mayor Krakower stated for the public’s edification the cost was brought up about hiring a labor attorney. They have a responsibility to the taxpayers of Jackson, a Township this size it wouldn’t be prudent to us as a Committee not to hire a labor negotiator.

MURRAY FIRESTONE, 1 HAZLETON LANE: He expressed his distress in the way Mr. Santos conducted himself. He stated it didn't matter if he was with you or against you, that is

Page 60

no way to have a discussion. He went on to say he was even more upset about this Town Center and the fact that they are having an informational meeting. Due to his background he understands what that means. He told them if they think this is a bad thing they could revoke his permits, they have many choices. He spoke about towns he used to live in and how they blocked developers from building. Mayor Broderick explained there is a master plan coming out with open space preservation. In conjunction with that the biggest pieces of property that builders own we are going after. There is only so much money. He then stated that they tried to block him from building last year on the Planning Board and an Ocean County judge sent a ruling down to the Planning Board that told them we have to allow the developer to build. What do you think our chances of winning that battle are?

ALLEN COTTRELL, 125 SUSAN DRIVE: He began by saying he was remiss on mentioning two things. Mr. Schubert who refers to himself as a highly decorated police officer and firefighter and Mr. Reilly says he holds a bachelor's degree and he claims to have a master's degree in aquaculture. He would like to know from Mr. Schubert what police departments/fire departments he worked for and for how long? Also, what he considers to be decorated and highly decorated? Also the media should look into Mr. Reilly's educational background and the degrees he claims to hold. He told everyone to keep an eye on these four: Mr. & Mrs. Schubert, Mr. Reilly and Bill Santos, the disgraced

keep an eye on these four: Mr. & Mrs. Schubert, Mr. Reilly and Bill Santos, the disgraced former administrator, who started this whole witch hunt.

MOTION TO ADJOURN BY: GIBLIN MOTION SECONDED BY: KAFTON YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK 9:15 PM

RESPECTFULLY SUBMITTED,

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

AME/tvc