| 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 4 =====
| Description | Appropriation | Authorization | Down Payment | Useful Life |
| (i) Improvements to the Township Justice Complex, including but not limited to, as applicable, construction of a building for use as a concession stand and public restrooms, installation of a well and potable water system and a storm drainage system, installation of a sanitary sewer force main and sanitary sewer grinder pump, installation of various park amenities, including but not limited to, benches, bleachers, bicycle racks, water fountains, lighting, waste baskets, signage, landscaping and aesthetic improvements; | $400,000.35 (including a $146,484.65 reappropriation) | $241,437 | $12,078.70 | 15 years |
| (ii) Construction of a paved access road to the Courthouse Complex, including but not limited to, as applicable, site clearing, excavation, milling and surfacing said roadway using Class A pavement (as defined under the Local Bond Law), drainage and landscaping work, the acquisition and installation of traffic signs and street lighting, and the construction, as | $99,300.00 (including a $36,364.78 reappropriation) | $59,937 | $2,998.22 | 20 years |
===== PAGE 22 =====
| Description | Appropriation | Authorization | Down Payment | Useful Life |
| applicable, of curbs and sidewalks along such roadway; | | | | |
| (iii) Improvements to the parking lot at the Township Municipal Building, including but not limited to, as applicable, excavation, over-excavation, milling, resurfacing and restriping with paint/glass beads of the parking lot using Class A pavement (as defined under the Local Bond Law), and drainage and landscaping work; | $187,440.00 (including a $68,642.65 reappropriation) | $113,138 | $5,659.35 | 10 years |
| (iv) Construction of a foundation for the pistol range trailer utilized by the Police Department, including but not limited to, as applicable, concrete blocks, reinforcing steel, anchor rods, bearing plates, hold down clips, bearing sleeves, concrete, mortar and ground and miscellaneous site work; | $8,000.00 (including a $2,929.69 reappropriation) | $4,828 | $242.31 | 15 years |
| (v) Construction of softball fields on a parcel of real property on Bartley Road being designated as Block 128.01, Lot 32.05 on the Official Tax Map of the Township, including but not limited to, as applicable, excavation, tree removal and other site clearing, grading and seeding, the construction of a paved access road and parking lot including but not limited to, as applicable, site clearing, excavation, milling and surfacing said roadway using Class A pavement (as defined under the Local Bond Law), drainage and landscaping work and the acquisition and installation of various park amenities, including but not limited to, as applicable, benches, bleachers, bicycle racks, water fountain, lighting, waste baskets, signage, landscaping and aesthetic improvements; | $300,000.00 (including a $109,863.39 reappropriation) | $181,079 | $9,057.61 | 15 years |
| (vi) Construction of a retaining wall for the Department of Public Works bulky waste compactor site, including but not limited to, as applicable, excavation, over-excavation, backfill, removal of fences and existing retaining wall, overexcavation, installation of concrete footings, walls and slabs and installation of reinforced steel and a chain link fence; and | $100,400.00 (including a $36,767.62 reappropriation) | $60,601 | $3,031.38 | 10 years |
| (vii) Acquisition of equipment for the Department of Public Works, including but not limited to, as applicable, one (1) rubber tire loader, one (1) 3/4 ton pick-up truck and two (2) material spreaders; | $50,000.00 (including a $18,310.57 reappropriation) | $30,180 | $1,509.43 | 15 years |
===== PAGE 23 =====
(b) The above improvements and purposes set forth in Section 5(a) shall also include the following, as applicable, surveying, construction planning, engineering and design work, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration and also all work, materials, equipment, labor and appurtenances as necessary therefore or incidental thereto.
(c) The aggregate estimated maximum amount of bonds or notes to be issued for said purposes is $691,200.00.
(d) The aggregate estimated cost of said purposes is $1,145,140.35, the excess amount thereof over the said estimated maximum amount of bonds or notes to be issued therefore being the aggregate amount of $453,940.35, is the Excess Proceeds in the amount of $419,363.35 and aggregate down payments for said improvements or purposes in the amount of $34,577.00.
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
===== PAGE 24 =====
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:
(a) The improvements or purposes described in Section 5 of this bond ordinance are not current expenses and are improvements or purposes which the Township may lawfully undertake as general improvements or purposes, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
(b) The average period of usefulness of said improvements or purposes within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 14.17 years.
(c) The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the Township and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, and such statement shows that the gross debt of
===== PAGE 25 =====
the Township as defined in the Local Bond Law is increased by the authorization of the bonds or
notes provided for in this bond ordinance by $691,200.00 and the said obligations authorized by
this bond ordinance will be within all debt limitations prescribed by said Local Bond Law.
(d) An aggregate amount not exceeding $269,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the improvements or purposes herein before described.
SECTION 10. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the obligations and the interest thereon without limitation as to rate or amount.
SECTION 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
## TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON PUBLIC NOTICE
===== PAGE 27 =====
## STATEMENT
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
## ORDINANCE 42-02
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
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
## ORDINANCE 43-02
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
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
## PUBLIC HEARING OPENED, RESOLUTIONS ONLY
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.
## MOTION TO CLOSE PUBLIC HEARING, RESOLUTIONS ONLY BY: KAFTON MOTION SECONDED BY: KRAKOWER YES: GIBLIN, GRISANTI, KAFTON, KRAKOWER & BRODERICK
RESOLUTION 449R-02
## TITLE: COMMEMORATE THE FIRST ANNIVERSARY OF THE TERRORIST ATTACK ON AMERICA
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.
DATED: 09/09/02
ANN MARIE EDEN, R.M.C.
TOWNSHIP CLERK
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
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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 decision of the Ninth Circuit Court violates the historical meaning of the First amendment by affixing to it the notion of a wall of separation between church and state – language not a part of or reflective of the Amendment; 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:
1. This Committee condemns in the strongest terms possible this imprudent decision by the United States Court of Appeals for the Ninth Circuit;
2. That this decision is an egregious example of an arbitrary and unconstitutional abuse of powers by the Federal Courts;
3. That the Committee urges all of our elected Ocean County officials to effectuate whatever actions may be necessary to nullify this action;
4. That all of our Ocean County schools be encouraged and urged to continue recitation of the Pledge of Allegiance in its current format in all their classes;
5. That a copy of this resolution be sent to the President of the United States, the Honorable George W. Bush, to the Vice President of the United States, the Honorable Richard Cheney, and to all our elected officials, both federal and state;
6. That a copy of this resolution be sent to all the other Boards of Chosen Freeholders in the State of New Jersey and to all the Municipal Governing Bodies in the County of Ocean, urging them to adopt and distribute similar resolutions addressing this execrable decision.
DATED: 09/09/02
##### ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK
## CONSENT AGENDA, ONE VOTE FOR ALL OF THE FOLLOWING RESOLUTIONS:
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
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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:
1. The Tax Collector is hereby authorized to make overpayment refunds in the amount shown and to the taxpayers, as appears on Schedule “A” which is made apart hereof.
2. Copies of this Resolution to the Tax Collector and respective taxpayers, and any other interested parties.
DATED: 09/09/02
ANN MARIE EDEN, R.M.C.
TOWNSHIP CLERK
## TOWNSHIP OF JACKSON OVERPAYMENT REFUNDS
## SEPTEMBER 9, 2002