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ON TUESDAY, SEPTEMBER 14, 2010, AT 6:30 P.M., THE JACKSON TOWNSHIP COUNCIL HELD ITS MEETING IN THE MUNICIPAL BUILDING

PLEDGE OF ALLEGIANCE ROLL CALL:

COUNCILMAN KAFTON COUNCILWOMAN RIVERE COUNCILWOMAN UPDEGRAVE COUNCIL VICE PRESIDENT BRESSI COUNCIL PRESIDENT MARTIN ATTORNEY GILMORE (6:35) TOWNSHIP CLERK EDEN

ATTORNEY GILMORE (6:35) TOWNSHIP CLERK EDEN

ALSO IN ATTENDANCE: MAYOR REINA SHARON PINKAVA, CFO

As Clerk of this meeting, I publicly announce that in compliance with the provisions of the “Open Public Meetings Act” adequate notice of this meeting of the Jackson Township Council has been advertised in the manner prescribed by law. This statement shall be entered into the Minutes of this meeting.

RESOLUTION NUMBER: 384R-10

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

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

WHEREAS, Section 8 of the Open Public Meetings Act permits the exclusion of the public from a public meeting under certain circumstances; and

WHEREAS, this governing body is of the opinion that such circumstances presently exist.

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

1. The public shall be excluded from discussion concerning the hereinafter-specified subject matter.
2. a)The general nature of the subject matter to be discussed is as follows: Personnel/Professionals:
3. b)Litigation/Potential Litigation:
4. c)Potential Land Sale/Land Acquisition: Update – possible open space land acquisition County Line Road. Update – Heritage Estates bonding. Trust for public lands (acquisition).
5. d)Contracts/Agreements: Update - contract agreement on Brewers Bridge Road project.
2. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.

DATED: 9/14/10

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

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7:30 PM RECONVENE PUBLIC MEETING

PLEDGE OF ALLEGIANCE ROLL CALL COUNCILMAN KAFTON COUNCILWOMAN RIVERE COUNCILWOMAN UPDEGRAVE COUNCIL VICE PRESIDENT BRESSI COUNCIL PRESIDENT MARTIN

ATTORNEY GILMORE TOWNSHIP CLERK EDEN

ALSO IN ATTENDANCE: MAYOR REINA SHARON PINKAVA, CFO

As Clerk of this meeting, I publicly announce that in compliance with the provisions of the “Open Public Meetings Act” adequate notice of this meeting of the Jackson Township Council has been advertised in the manner prescribed by law. This statement shall be entered into the Minutes of this meeting.

• (a)Sending Special Notice as required by Section 13 of the Open Public Meeting Act to the required newspapers on July 16, 2010.
• (b)Posting the advance written notice on the Official Bulletin Board in the Municipal Building.
• (c)Filing the advance written notice of the Township Clerk for the purpose of public inspection.

PROCLAMATIONS:

PROCLAMATIONS

• NATIONAL PAYROLL WEEK
• NATIONAL ALCOHOL & DRUG ADDICTION RECOVERY MONTH Mayor Reina read the following Proclamations into the record:

Mayor Reina read the following Proclamations into the record:

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Proclamation Township of Jackson

WHEREAS, National Payroll Week was founded by the American Payroll Association for the purpose of setting aside five working days of each year as a way to honor the men and women whose tax contributions support the American Dream and the payroll professionals who are dedicated to processing those contributions; and

WHEREAS, National Payroll Week honors and recognizes these professionals as the backbone of our payroll system in business, industry, government and the professionals as being one of the most essential divisions for the proper handling and managing of our payroll system; and

WHEREAS, the Township of Jackson wishes to salute and congratulate these professionals for the efficient hard work and dedication performed on behalf of their employers.

NOW, THEREFORE, L. Michael Reina, Mayor of the Township of Jackson, County of Ocean, State of New Jersey, do hereby proclaim the week of September 6-10, 2010, as NATIONAL PAYROLL WEEK, and do hereby acknowledge and support the celebration of public awareness and public service held this year under its theme "America Works Because We're Working for America."

MICHAEL REINA MAYOR

DATED: September 14, 2010

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Proclamation Township of Jackson

WHEREAS, The National Alcohol and Drug Addiction Recovery Month is celebrating its 21st year of observance. This year's theme, "Join the Voice for Recovery: Now More Than Ever!" emphasizes the need to educate others about the disease of addiction and how high levels of stress may contribute to alcohol and drug use;

WHEREAS, According to a National Survey conducted in 2008 by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), over 23.1 million persons aged 12 or older needed treatment for an illicit drug or alcohol use problem; and

WHEREAS, In 2008, 4 million of the more than 23 million persons that needed treatment received some form of treatment. There are millions more in need of treatment who are either unable or unwilling to receive it; and

WHEREAS, In the past several years, steps have been taken to help expand treatment capacity and recovery support services in our country. SAMHSA is working to create a healthcare system that both embraces and understands the need for more drug and alcohol treatment services; and

NOW, THEREFORE, 1, Michael Reina, Mayor of the Township of Jackson, County of Ocean, State of New Jersey, on behalf of myself and the Township Council, do hereby proclaim September as National Alcohol and Drug Addiction Recovery Month.

FURTHERMORE, I call upon our citizens, governmental agencies, public and private institutions, businesses, hospitals and schools to join us with educating people in understanding that there is hope and that help for alcohol and drug use disorders is effective and available.

MICHAEL REINA MAYOR

DATED: September 14, 2010

COMMENTS BY THE TOWNSHIP COUNCIL MEMBERS:

COUNCILMAN KAFTON thanked Westlake for the 9-11 service they did this year. They do an excellent job every single year remembering 9-11. He spoke about loss of State Aid in the State of New Jersey and in Jackson Township. He believes Jackson Township should send a Resolution to the Governor’s office expressing our disappointment in the way that it was handled and express our concern in the loss of that money. He asked Mayor Reina about his job with the State of New Jersey. Mayor Reina replied that he works for the New Jersey State Office of Emergency Management Office of Security Preparedness. Councilman Kafton asked Mayor Reina how much he makes and Mayor Reina deferred to Attorney Gilmore; who replied, that there is information that he has to be obtained through an OPRA. Councilman Kafton asked about the Business Administrator and Attorney Gilmore stated that the person whose name is in the newspaper is not being considered any longer. Councilman Kafton stated that the name was never put forth, there was never a vote taken. Mayor Reina said he’d be glad to have this conversation with him at another time. Councilman Kafton stated that he should have asked Mayor Reina about this in the executive session.

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COUNCILWOMAN RIVERE goes on to ask where we are in the process of the Business Administrator's position and Mayor Reina replied that they've received approximately 50 resumes and they'll all be reviewed. She spoke about the presentation that Westlake did in recognition of 9-11 and what a nice day it was.

COUNCILWOMAN UPDEGRAVE thanked everyone for coming and said that she was sorry that she wasn't able to attend the 9-11 ceremony and mentions that it was a terrible day and should never be forgotten.

COUNCIL VICE PRESIDENT BRESSI thanked everyone for coming and said that from what he understands the 9-11 ceremony was extremely nice and Westlake did everything right.

COUNCIL PRESIDENT MARTIN talked about the importance of the selection of a new Business Administrator and how the residents of Jackson should all work together. He called upon everyone to check his or her egos at the door and work together for all of Jackson. He also mentioned that he was at the 9-11 ceremony at Westlake and what a beautiful ceremony it was.

COUNCILMAN KAFTON goes on to asked about an article in the paper that said Christie ban holding two public offices on dual employment for all state, county and municipal officials. He asked if Mayor Reina falls under that. Attorney Gilmore replied that there’s been no legislation adopted, so it’s a difficult question to answer.

BILLS AND CLAIMS

MOTION TO APPROVE BILLS AND CLAIMS BY: RIVERE MOTION SECONDED BY: UPDEGRAVE

YES: KAFTON, RIVERE, UPDEGRAVE, BRESSI & MARTIN

ABSTENTIONS: KAFTON (Jackson Orthodontics), UPDEGRGAVE (Dasti, Murphy & Winding Ways) & MARTIN (RC Shea)

NO: BRESSI (0901904 Bartley)

CHECK# VENDOR AMOUNT

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15/10 15:25:13

Check Register By Check Date

uwave The quick brown fox jumps over the lazy dog.

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09/13/10 JACKSON TOWNSHIP Page No: 3

15:25:13 Check Register By Check Date

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

83193 09/14/10 SAFD2 SAFEGUARD BUSINESS SYSTEMS 165.60 3676

83194 09/14/10 SHEDS SHERMIN WILLIAMS COMPANY, INC. 154.98 3676

83195 09/14/10 SHO13 SHOPRIITE/PERLMART, INC. 270.00 3676

83196 09/14/10 SPRD2 SPRINT 396.96 3676

83197 09/14/10 STA01 NJSHBP 292,405.39 3676

83198 09/14/10 TB01 T & B SPECIALTIES INC. 465.00 3676

83199 09/14/10 TIL02 TILTON BODY WORKS 4,115.00 3676

83200 09/14/10 TRED1 TREC - ADVANCED COMPUTER 7,503.81 3676

83201 09/14/10 TRE15 TREASURER, STATE OF NEW JERSEY 30.00 3676

83202 09/14/10 TRI04 TRICO 1,127.76 3676

83203 09/14/10 TRI18 TRI-STATE BATTERY INC & AUTO 1,570.00 3676

83204 09/14/10 UNI12 UNITED REFRIGERATION 420.73 3676

83205 09/14/10 UNU01 UNUPPROVIDENT 9,004.82 3676

83206 09/14/10 USA03 USA MOBILITY WIRELESS, INC. 8.96 3676

83207 09/14/10 VER03 VERIZON WIRELESS 3,739.19 3676

83208 09/14/10 VER04 VERIZON 1,736.10 3676

83209 09/14/10 VER08 VERIZON WIRELESS 80.02 3676

83210 09/14/10 VET03 NORTHSTAR VETS 93.50 3676

83211 09/14/10 WAL02 WALTER R. EARLE CORPORATION 293.60 3676

83212 09/14/10 WIN11 KELLY WINTHROP, LLC 135.00 3676

Checking Account Totals Paid Void Amount Void Amount Paid

Checks: 99 8 0.00 1,428,189.47

Direct Deposit: 0 0 0.00 0.00

Total: 99 8 0.00 1,428,189.47

DEVELOPERS-OF DEVELOPERS-OCEAN FIRST

62914 09/14/10 JAC15 JACKSON TOWNSHIP P/R ACCOUNT 25,710.00 3675

62915 09/14/10 AFT01 AFTER DISASTER HOUSING CORP. 483.42 3678

62916 09/14/10 ATT08 ATT WIRELESS 1,538.70 3678

62917 09/14/10 BAMD2 JOHN BAMONTE 800.00 3678

62918 09/14/10 DAS01 DASTI, MURPHY, MCQUCKT, ET ALS 822.00 3678

62919 09/14/10 GER10 GERTNER RIORDAN, LLC 806.49 3678

62920 09/14/10 GER12 GERTNER MANDEL & PESLAK 300.00 3678

62921 09/14/10 GJONBALA3 REALTY, LLC 88,756.03 5,552.50 3678 3678

62922 09/14/10 JAC08 JACKSON TOWNSHIP CURRENT FUND 270.00 3678

62923 09/14/10 OWE01 OWEN LITTLE & ASSOCIATES INC. 10.59 3678

62924 09/14/10 PIZ08 SALVATORE PIZZOLA 1,507.50 3678

62925 09/14/10 REM01 REMINGTON,VERNIZCK & VENA ENG. 174.25 3678

62926 09/14/10 TM01 T & M ASSOCIATES, INC. 174.25 3678

Checking Account Totals Paid Void Amount Void Amount Paid

Checks: 13 0 0.00 126,731.48

Direct Deposit: 0 0 0.00 0.00

Total: 13 0 0.00 126,731.48

DOG DOG ACCOUNT - NEW

440 09/14/10 N3S04 N.J.STATE DEPT. OF HEALTH 492.60 3679

Checking Account Totals Paid Void Amount Void Amount Paid

2023年1月1日星期一

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09/13/10 15:25:13 JACKSON TOWNSHIP Check Register By Check Date Page No. 7

Fund Description Fund Budget Total Revenue Total

0-01 1,399,960.04 107.00

0-04 500,000.00 0.00

0-17 492.60 0.00

Year Total: 1,900,452.64 107.00

9-01 19,091.60 0.00

C-04 267,753.26 0.00

G-02 9,030.83 0.00

T-12 6,860.00 0.00

T-13 66,541.81 0.00

Year Total: 73,401.81 0.00

Total of All Funds: 2,269,732.14 107.00

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ORDINANCES, SECOND READING: (None at this time)

ORDINANCES - FIRST READING

19-10

TITLE: BOND ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS AND THE ACQUISITION OF VARIOUS CAPITAL EQUIPMENT APPROPRIATING $3,098,475 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,943,551 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, NEW JERSEY

FRED RASIEWICZ, DIRECTOR OF PUBLIC WORKS goes on to explain that this is a bare-bones budget that he submitted and most of the equipment is replacement equipment, some for snow removal, some to protect the town and provide services to Jackson. He also notes that the emissions systems are no good on these vehicles and the State won't even let them on the road. He thanked Brick Township for bringing in a

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compactor to help them out. He also thanked Lakewood, Plumstead, and Toms River for all their help. Councilman Kafton had some questions and Mr. Rasiewicz replied. Councilwoman Rivere stated that she's been to the garage and agrees that some of the equipment is really in bad shape and if we don't give them the equipment they need they cannot do the work. She believes that the time has come to get our fleet in better shape. Council Vice President Bressi stated most of the items listed are for the health, welfare and safety of the town.

MOTION TO APPROVE BOND ORDINANCE 19-10 ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON, SEPTEMBER 28, 2010 BY: RIVERE MOTION SECONDED BY: UPDEGRAVE YES: KAFTON, RIVERE, UPDEGRAVE, BRESSI & MARTIN

BE IT ORDAINED by the TOWNSHIP COUNCIL OF THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1. The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Township of Jackson, in the County of Ocean, New Jersey (the “Township”). For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $3,098,475, said sum being inclusive of all appropriations heretofore made therefore, including the sum of $154,924 as the down payment for said purposes as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq.. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in the Capital Improvement Fund of one or more previously adopted budgets.

Section 2. In order to finance the costs of said improvements or purposes not provided for by the application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $2,943,551, pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3. (a) The improvements hereby authorized and the purposes for which the obligations are to be issued consist of:

• i)Various municipal capital improvements including, but not limited to, Street Lighting Capital Contribution, public water installation at the Justice Complex, and road and drainage improvements, with a total appropriation and estimated cost of $1,075,000, an estimated maximum amount of bonds or notes therefor of $1,021,250, and an average period of usefulness of 20 years;
• ii)The implementation of a Township recycling center, including but not limited to the Legler Composting Site, with a total appropriation and estimated cost of $30,000, estimated maximum amount of bonds or notes therefor of $28,500, and an average period of usefulness of 15 years;
• iii)Technology information upgrades, including but not limited to acquisition of computers and upgraded software, and the acquisition of biometric devices, with a total appropriation and estimated cost of $51,590, estimated maximum amount of bonds or notes therefor of $49,010, and an average period of usefulness of 5 years;
• iv)The acquisition of a equipment for the Police Department, including but not limited to, a mobile in car video system, E Ticket-Electronic Ticketing for Mobile Computers, and Mobile Data Computer Upgrade and server, with a total appropriation and estimated cost of $361,000, estimated maximum amount of bonds or notes there for of $342,950, and an average period of usefulness of 5 years;

• v)The acquisition of equipment for the Public Works Department, including but not limited to, automatic brine production plant system, wing mower with mower, two mason dump trucks with plow, Peterbuilt-Tandem Axel Cab & Chassis, two Rolloff's, roadside broom with rear flail, four in one bucket, roller, mower lift, motor pool software, three single axle dump trucks, with total appropriation and estimated cost of $1,580,885, estimated maximum amount of bond or notes therefore of $1,501,841, and an average period of usefulness of 9 years.
• Page 15 of 37
• together with all purposes necessary, incidental or appurtenant thereto, all as shown on and in accordance with contracts, plans, specifications or requisitions therefor on file with or through the Township Clerk, as finally approved by the governing body of the Township.
• (b)The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $2,943,551, as stated in Section 2 hereof.
• (c)The estimated cost of the improvements or purposes described in Section 3(a) hereof is $3,098,475, which is equal to the amount of the appropriation herein made therefor. The excess of the appropriation of $3,098,475 over the estimated maximum amount of bonds or notes to be issued therefor being the amount of said $154,924 down payment for said purposes.
• Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Township, provided that no note shall mature later than one (1) year from its date. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.
• Section 5. The following additional matters are hereby determined, declared, recited and stated:
• (a)The improvements or purposes described in Section 3 of this bond ordinance are not a current expense and are improvements or purposes that the Township may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
• (b)The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 11.73 years.
• (c)The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Township Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such Statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $2,943,551 and the obligations authorized herein will be within all debt limitations prescribed by that Law.

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• (d)An aggregate amount not exceeding $245,000 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements.
• (e)To the extent that moneys of the Township are used to finance, on an interim basis, costs of said improvements or purposes, the Township reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto.

Section 6. The capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Township Clerk and is available there for public inspection.

Section 7. Any grant or similar moneys from time to time received by the Township for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements within the appropriation herein authorized or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used.

Section 8. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and, unless paid from other sources, the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the obligations and the interest thereon without limitation as to rate or amount.

Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Date

Mayor Michael Reina

This ordinance was introduced and passed upon first reading at a meeting of the governing body of the Township of Jackson, in the County of Ocean, New Jersey, held on September 14, 2010. It will be further considered for final passage after public hearing thereon, at a meeting of said governing body to be held in the Municipal Complex, 95 West Veterans Highway, Jackson, New Jersey, on September 28, 2010, at 7:30 p.m., or as soon thereafter as said matter can be reached, at which time and place all persons who may be interested therein will be given an opportunity to be heard concerning the same.

A copy of this ordinance has been posted on the bulleting board upon which public notices are customarily posted in the Municipal Complex of the Township during the week prior to and up to and including the date of such meeting; copies of the ordinance are available to the general public of the Township who shall request such copies, at the office of the Municipal Clerk in said Township of Jackson, in the County of Ocean, New Jersey.

Ann Marie Eden, RMC Township of Jackson

TOWNSHIP OF JACKSON

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COUNTY OF OCEAN BOND ORDINANCE NO. 19-10 NOTICE OF PENDING BOND ORDINANCE

The bond ordinance, the summary terms of which are included herein, was introduced and passed upon first reading at a meeting of the governing body of the Township of Jackson, in the County of Ocean, New Jersey, held on September 14, 2010. It will be further considered for final passage after public hearing thereon, at a meeting of said governing body to be held in the Municipal Complex, 95 West Veterans Highway, Jackson, New Jersey, on September 28, 2010, at 7:30 p.m., or as soon thereafter as said matter can be reached, at which time and place all persons who may be interested therein will be given an opportunity to be heard concerning the same.

A copy of this ordinance has been posted on the bulletin board upon which public notices are customarily posted in the Municipal Complex of the Township during the week prior to and up to and including the date of such meeting; copies of the ordinance are available to the general public of the Township who shall request such copies, at the office of the Municipal Clerk in said Township of Jackson, in the County of Ocean, New Jersey. The summary of the terms of such bond ordinance follows:

TITLE: 19-10 BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS AND THE ACQUISITION OF VARIOUS CAPITAL EQUIPMENT APPROPRIATING $3,098,475 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,943,551 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, NEW JERSEY

Purpose(s): Providing for the following capital improvements and/or acquisitions: various municipal capital improvements; the Legler Composting Site; technology information upgrades; the acquisition of equipment for the Police Department; the acquisition of equipment for the Public Works Department; and recreation improvements..

Appropriation: $3,098,475

Bonds/Notes Authorized: $2,943,551

Section 20 Costs: $250,000

Useful Life: 11.73 Years

ANN MARIE EDEN, RMC

Municipal Clerk

Township of Jackson

County of Ocean, New Jersey

20-10

TITLE: BOND ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, AMENDING IN PART BOND ORDINANCE NO. 19-09 ADOPTED ON AUGUST 25, 2009, PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS AND THE ACQUISITION OF VARIOUS CAPITAL EQUIPMENT, IN ORDER TO INCREASE THE APPROPRIATION THEREFOR BY $200,000 GRANT FUNDS EXPECTED TO BE RECEIVED FROM THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR A TOTAL APPROPRIATION OF $1,886,346, AUTHORIZED IN AND BY THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, NEW JERSEY

MOTION TO APPROVE ORDINANCE 20-10 ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON, SEPTEMBER 28, 2010 BY: RIVERE MOTION SECONDED BY: UPDEGRAVE

YES: KAFTON, RIVERE, UPDEGRAVE, BRESSI & MARTIN

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BOND ORDINANCE NO. 20-10

WHEREAS, the Township of Jackson, in the County of Ocean, New Jersey (the "Township") finally adopted Bond Ordinance No. 19-09 adopted on August 25, 2009 (the "Prior Ordinance") providing for various capital improvements and the acquisition of various capital equipment; and

WHEREAS, the Township has determined that the costs associated with said improvements are higher than anticipated and has determined to supplement the appropriation; and

WHEREAS, the Township expects to receive $200,000 grant funds from the New Jersey Department of Transportation.

NOW, THEREFORE, BE IT ORDAINED by the TOWNSHIP COUNCIL OF THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1. For the improvements authorized by the Prior Bond Ordinance, there is hereby appropriated the sum of $200,000 grant funds expected to be received from the New Jersey Department of Transportation, in addition to the appropriation authorized by the Prior Ordinance of $1,686,346, for a total appropriation of $1,886,346.

Section 2. The aggregate debt authorization of $1,331,278, the aggregate down payment of $70,068, average period of usefulness of the improvements of 9.72 years, and other authorizations of the Prior Ordinance remain unchanged and are hereby confirmed.

Section 3. The capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Municipal Clerk and is available there for public inspection.

Section 4. All Ordinances or parts of ordinances in conflict or inconsistent with any of the terms of this ordinance are hereby repealed to the extent that they are in such conflict or are inconsistent. In the event that any section, part or provision of this ordinance shall be held to be unconstitutional or invalid by any court, such holding shall not affect the validity of this ordinance as a whole, or any part hereof other than the part so held unconstitutional or invalid.

Section 5. This amendatory bond ordinance shall take effect twenty days after the first publication thereof after final passage, as provided in the Local Bond Law, N.J.S.A. 40A:2-1 et seq..

DATED: 9/14/10

ANN MARIE EDEN, RMC TOWNSHIP CLERK

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PUBLIC COMMENT OPENED, RESOLUTIONS ONLY (No one came forward)

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

RESOLUTION NUMBER 394R-10 TITLE: RESOLUTION SUPPORTING SENATE BILL S-744 AND ASSEMBLY BILL A-2598 AMENDING THE FARMLAND ASSESSMENT ACT

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

WHEREAS, there is now pending in the New Jersey Legislature Senate Bill S-744 and Assembly Bill A-2598, which would amend the Farmland Assessment Statute; and

WHEREAS, the New Jersey Farmland Assessment Act allows for reduced property taxes for property that qualifies, however, minimally, as a farm; and

WHEREAS, the pending legislation would help ensure that the Farmland Assessment Act would benefit true farmers and not those who are using the law to avoid real estate taxes by doing the minimum amount of “farming activity” to receive a tax reduction; and

WHEREAS, the pending legislation would raise from $500 to $1,000 of minimum gross sales qualifying standard for the Farmland Assessment on the first five acres of land; and

WHEREAS, this amount would also be reviewed every three years to make the assessment applicable to true farming; and

WHEREAS, the pending legislation would establish new and more stringent standards for land to qualify for farmland assessment; and

WHEREAS, the Township Council of the Township of Jackson strongly believes that in light of the fiscal constraints that exist in the State of New Jersey, farmland assessment should be revised so that only land that is truly farmland be given the benefit of the reduced tax assessment.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Jackson, County of Ocean, State of New Jersey does hereby support the passage of S-77 and A-2598 for the aforesaid reasons.

BE IT FURTHER RESOLVED that the Municipal Clerk shall forward certified copies of this resolution, upon passage, to Governor Christie, the New Jersey State Legislature, Ocean County Board of Taxation, Municipal Administrator, Municipal Tax Assessor and any other interested parties.

DATED: 9/14/10

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

RESOLUTION NUMBER: 397R-10

TITLE: CONSENT TO THE FILING OF TREATMENT WORKS APPROVAL (TWA) APPLICATION NO. 10-0244 TO THE NJDEP DIVISION OF WATER QUALITY FOR JOINT BASE MCGUIRE-DIX LAKEHURST (JB-MDL)

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

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WHEREAS, Joint Base McGuire-Dix-Lakehurst is seeking consent from the Township of Jackson to submit TWA Application No. 10-0244. to the NJDEP Division of Water Quality for the expansion of the existing on-site wastewater disposal system due to the proposed construction of the US Army Reserve Equipment Concentration Site (ECS) to be located on Block 10, p/o Lot 90 in the Township of Jackson, County of Ocean; and

WHEREAS, the Joint Base McGuire-Dix-Lakehurst must submit a Treatment Works Approval (TWA) application to the State of New Jersey Department of Environmental Protection, Division of Water Quality, for the expansion of the existing on-site wastewater disposal system in order to service the proposed US Army Reserve Equipment Concentration Site (ECS); and

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

1. That the Township Council of Jackson Township hereby formally authorizes and approves the submission of Treatment Works Approval (TWA) Application No. 10-0244 to the NJDEP Division of Water Quality by Joint Base McGuire-Dix-Lakehurst for the expansion of the existing on-site wastewater disposal system in order to service the proposed US Army Reserve Equipment Concentration Site (ECS).
2. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.
3. That upon the adoption of this resolution, the Clerk is authorized and directed to forward a certified copy of it to the Jackson Township Municipal Utilities Authority Township Administrator, Township Engineer, Daniel Burke and any other interested parties.

DATED: 9/14/10

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

RESOLUTION NUMBER 398R-10

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO BARBERTOWN ROAD REALTY ASSOCIATES OF THE PERFORMANCE BOND ISSUED FOR COUNTRY SQUIRE ESTATES, BLOCK 132, LOTS 26.01, 26.03 & 26.04

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

WHEREAS, Barbertown Road Realty Associates has requested a release of the Performance Guarantee, which consists of $131,070.00 in the form of Performance Bond #UB0223 issued by Universal Bonding Insurance Company, pertaining to Country Squire Estates, Block 132, Lots 26.01, 26.03 & 26.04, Jackson Township; and

WHEREAS, Michael Miller of T&M Associates, Township Engineer, has reviewed and approved the release of said performance bond in letter report dated August 24, 2010, which letter report is made a part hereof; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance Guarantee, which consists of Performance Bond #UB0223 issued by Universal Bonding Insurance Company in the amount of $131,070.00, heretofore posted with the Township may and hereby is released and that the Maintenance Bond be waived considering the age and condition of the projection. Also, this release must be contingent upon the following:

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1. Escrow must be submitted to provide an account balance of $2,000.00 to cover outstanding bills against the account; and
2. Copies of this resolution to Administration, Finance, Applicant/Developer, Township Engineer, and the Department of Public Works, Attn: Connie Sidor.

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

DATED: 9/14/10

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

RESOLUTION NUMBER 399R-10 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO K. HOVNANIAN, OF THE PERFORMANCE BOND ISSUED FOR HARMONY ROAD, PHASE I, A/K/A BLOCK 143.01, LOT 1

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

WHEREAS, K. Hovnanian has requested a Release of the Performance Guarantee, which consists of $139,920.75 in the form of a Performance Bond #929276440 issued by The Continental Insurance Company and Cash Bond in the amount of $15,546.75, pertaining to Harmony Road, Phase I, a/k/a Block 143.01, Lot 1, Jackson Township; and

WHEREAS, Michael G. Miller of T&M Associates, Township Engineer, has reviewed and approved the release of said performance bond in letter report dated August 24, 2010, which letter report is made a part hereof; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance Guarantee, which consists of Performance Bond #929276440 issued by The Continental Insurance Company in the amount of $139,920.75 and a Cash Bond in the amount of $15,546.75, heretofore posted with the Township may and hereby is released on the condition that the applicant:

1. Post a Maintenance Bond with the Township in the amount of $19,433.44 subject to the review and approval of the Township Attorney. Said Maintenance Bond shall run for a period of two
2. years; and
2. This resolution of release is further contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township ordinance for the release of said performance guarantees.
3. Copies of this resolution to Administration, Finance, Applicant/Developer, Township Engineer, Jackson Board of Education Transportation Department, Attn: Dolores and the Department of Public Works, Attn: Connie Sidor.

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

DATED: 9/14/10

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

RESOLUTION NUMBER 400R-10 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO K. HOVNANIAN, OF THE PERFORMANCE BOND ISSUED FOR HARMONY ROAD, PHASE II, BLOCK 143.01, LOT 1

Page 22 of 37

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

WHEREAS, K. Hovnanian has requested a Release of the Performance Guarantee, which consists of $433,975.16 in the form of a Performance Bond #8691978 issued by Fidelity and Deposit Company of Maryland and Cash Bond in the amount of $48,219.46, pertaining to Harmony Road, Phase II, a/k/a Block 143.01, Lot 1, Jackson Township; and

WHEREAS, Michael G. Miller of T&M Associates, Township Engineer, has reviewed and approved the release of said performance bond in letter report dated August 24, 2010, which letter report is made a part hereof; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Performance Guarantee, which consists of Performance Bond #8691978 issued by Fidelity and Deposit Company of Maryland in the amount of $433,975.16 and a Cash Bond in the amount of $48,219.46 heretofore posted with the Township may and hereby is released on the condition that the applicant:

1. Post a Maintenance Bond with the Township in the amount of $60,274.33 subject to the review and approval of the Township Attorney. Said Maintenance Bond shall run for a period of two (2) years; and
2. This resolution of release is further contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township ordinance for the release of said performance guarantees.
3. Copies of this resolution to Administration, Finance, Applicant/Developer, Township Engineer, Jackson Board of Education Transportation Department, Attn: Dolores and the Department of Public Works, Attn: Connie Sidor.

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

DATED: 9/14/10

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

RESOLUTION NUMBER: 401R-10

TITLE: AUTHORIZING THE EXECUTION OF A SHARED SERVICES AGREEMENT WITH THE JACKSON TOWNSHIP MUNICIPAL UTILITIES AUTHORITY

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

WHEREAS, Jackson Township and the Jackson Township Municipal Utilities Authority (hereinafter “MUA”) each have governmental authority within the same geographic area; and

WHEREAS, there exists a need within said geographic area for water/sewer emergency repairs and service work; and

WHEREAS, the MUA and the Township have determined that it will be in their mutual interests to reach an agreement regarding the sharing of such services; and

WHEREAS, the Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., authorizes Local Units, as defined in the Act, to enter into an agreement for the provision of governmental services; and

Page 23 of 37

WHEREAS, N.J.S.A. 40A:65-5 requires that such a contract be authorized by resolution; and

WHEREAS, the Township of Jackson desires to enter into a Shared Services Agreement with the MUA for the purpose of providing water/sewer emergency repairs and service on an as-needed basis.

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

DATED: 9/14/10

RESOLUTION NUMBER: 404R-10 TITLE: RESOLUTION SUPPORTING PRESERVATION OF A PORTION OF THE JACKSON VALLEY PROJECT IN TOWNSHIP OF JACKSON

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

WHEREAS, the Township of Jackson (“Township”) Council recognizes that an approximately 300 acre portion of the Township located adjacent to the Colliers Mill Park / Wildlife Management Area and part of the pending Jackson Valley development proposal (such approximately 300 acre property, the “Property”), is available for conservation protection through purchase; and

WHEREAS, if developed in accordance with the terms of the development proposal, as many as 373 housing units could be built on the Property; and;

WHEREAS, the Township Council wishes to assist in the purchase of the Property to protect and preserve, among other things, the integrity of the headwaters area of the Toms River; and

WHEREAS, The Trust for Public Land (“TPL”) is a national non-profit organization with offices in New Jersey that, through real estate transactions, assists local governments in achieving their open space goals; and

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

WHEREAS, the County of Ocean (the “County”) has expressed an interest in preserving land around the Toms River and its headwaters areas, providing that the local government supports said preservation; and

WHEREAS, the purpose of these Resolutions is to express the support of the Township Council of Township of Jackson for the funding and acquisition of the Property described herein and to provide adequate inducement and authorization for the Township, its officers and employees, to pursue the necessary steps to complete said project.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of Township of Jackson that it:

• (a)will cooperate with TPL, GA and the County to help acquire and preserve the Property;
• (b)will commit $2,000,000.00 of funds toward said acquisition and preservation;
• (c)supports the TPL’s application to the County of Ocean seeking an open space grant in the amount of $1,750,000.00 to be used in preserving this property;

• (d)authorizes and ratifies the Township's application to GA for grant funds in the pending GA funding round, to assist in preserving the Property;
• (e)authorizes the Township Mayor, and such other Township officers and employees identified by the Township Mayor, to pursue the necessary steps to complete said project, subject to such further Township Counsel approval as may be required; and
• (f)appoints the Township Administrator, as the primary contact person for the Township in regard to this endeavor.

Page 24 of 37

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.

DATED: 9/14/10

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

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

RESOLUTION NUMBER: 385R-10 TITLE: AUTHORIZE TAX OVERPAYMENT REFUNDS

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

WHEREAS, it has been determined by the Township Tax Collector that the taxpayers as indicated on the attached Schedule “A” are entitled to overpayment refunds, and;

WHEREAS, it is the desire of the Township Council to have these overpayments returned to the respective taxpayers;

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

1. The Tax Collector is hereby authorized to make overpayment refunds in the amount shown and to the taxpayers, as appears on Schedule “A” which made apart hereof.
2. Copies of this Resolution to the Tax Collector.

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

DATED: 9/14/10

RESOLUTION NUMBER: 386R-10

TITLE: APPROVE JACKSON TOWNSHIP COUNCIL VACANCY DECONTROL MEETING MINUTES OF APRIL 17, 2010

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

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

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

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Township of Jackson, County of Ocean, that;

Page 25 of 37

1. The following Vacancy Decontrol Minutes are hereby approved by the Jackson Township Council:
2. APRIL 17, 2010
2. Copies of this resolution to any interested parties.

DATED: 9/14/10

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

RESOLUTION NUMBER: 387R-10 TITLE: APPOINT MEMBER TO THE PATHFINDERS

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

WHEREAS, there is a need to appointment an additional member to the Jackson Pathfinders; and

WHEREAS, pursuant to Chapter 3-152(D) of the Administrative Code of the Township of Jackson, it is the desire of the Township Council to fill said positions.

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

1. The Township Council does hereby authorize the appointment of the following individual to the Jackson Pathfinders for a term commencing immediately and ending June 30, 2011 pursuant to Chapter 3-152(D) of the Administrative Code of the Township of Jackson: Stephanie Brown
2. Appointees shall serve without compensation.
3. Copies of this resolution to Municipal Administrator, Director of Recreation, appointees and any other interested parties.

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

DATED: 9/14/10

RESOLUTION NUMBER: 388R-10 TITLE: APPROVE TRAFFIC SIGNAL/ELECTRICAL AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND THE COUNTY OF OCEAN FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT C.R. #5 (EAST VETERANS HIGHWAY) AND C.R. #8 (BUTTERFLY ROAD) – GRAND BOULEVARD

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

WHEREAS, the County of Ocean has proposed to install a traffic signal light at C.R. #5 (East Veterans Highway) and C.R. #8 (Butterfly Road) – Grand Boulevard; and

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

Page 26 of 37

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

1. That the Township Council of Jackson Township hereby formally authorizes the Mayor and Clerk to execute a traffic signal agreement with Ocean County covering C.R. #5 (East Veterans Highway) and C.R. #8 (Butterfly Road) – Grand Boulevard as per the attached agreement which is made a part hereof.
2. The Township of Jackson shall provide through the utility company for the necessary electric current and will pay for all electric current and battery replacement to be used in the operation of said traffic signal.
3. The traffic signal shall be maintained, modified and reconstructed by the County of Ocean or others without expense to the Township of Jackson, except such expenses as are mutually agreed upon and defined in other separate Schedule 'C' agreements between the County and the Township of Jackson.
4. That upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it together with the executed agreement to the County of Ocean c/o Ocean County Engineering Department, Frank S. Scarantino, Director of Engineering, Township Administrator, Chief Financial Officer, Director of Public Works and any other interested parties.

DATED: 9/14/10

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

RESOLUTION NUMBER: 389R-10 TITLE: 2010 Salaries – Township Clerk’s Office

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

WHEREAS, it is necessary for the Township Council of the Township of Jackson to adopt a resolution establishing the annual salaries of the Township Clerks Office for the year 2010 in accordance with the Annual Salary Ordinance;

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

1. The salaries according to the attached “Schedule A” effective January 1, 2010, be approved as the salaries to be paid to the respective employees listed thereon.
2. Copies of this resolution be provided to the Chief Financial Officer, Township Administrator, Personnel Officer and any other interested parties.

Page 27 of 37

SCHEDULE A

DATED: 9/14/10

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

RESOLUTION NUMBER: 390R-10 TITLE: 2010 Salaries – Township Council

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

WHEREAS, it is necessary for the Township Council of the Township of Jackson to adopt a resolution establishing the annual salaries of the Township Council for the year 2010 in accordance with the Annual Salary Ordinance;

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

1. The salaries according to the attached “Schedule A” effective January 1, 2010, be approved as the salaries to be paid to the respective employees listed thereon.
2. Copies of this resolution be provided to the Chief Financial Officer, Township Administrator, Personnel Officer and any other interested parties.

SCHEDULE A

DATED: 9/14/10

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

Page 28 of 37

RESOLUTION NUMBER: 391R-10 TITLE: 2010 Salary – Township Mayor

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

WHEREAS, it is necessary for the Township Council of the Township of Jackson to adopt a resolution establishing the annual salary of the Township Mayor for the year 2010 in accordance with the Annual Salary Ordinance;

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

1. The salaries according to the attached “Schedule A” effective January 1, 2010, be approved as the salaries to be paid to the respective employees listed thereon.
2. Copies of this resolution be provided to the Chief Financial Officer, Township Administrator, Personnel Officer and any other interested parties.

SCHEDULE A

392R-10 (not used)

RESOLUTION NUMBER: 393R-10 TITLE: APPROVE BINGO/RAFFLE LICENSE

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

WHEREAS, certain organizations have applied to the Jackson Township Council for permission to hold Raffle or Bingo Games within the Township for fund raisings:

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

1. The following application(s) are hereby approved:
2. #RA-1367 – KNIGHTS OF COLUMBUS
2. Copies of the Resolution to interested parties.

DATED: 9/14/10

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

Page 29 of 37

RESOLUTION NUMBER: 395R-10 TITLE: AUTHORIZE THE RE-ADVERTISEMENT AND ACCEPTANCE OF BIDS FOR CURBSIDE COLLECTION OF RECYCLABLE MATERIAL

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

WHEREAS, the Township previously advertised, through the fair and open process, for receipt of bids for Curbside Collection of Recyclable Material for a six (6) month period with the option to renew for two (2) additional 6 month periods and at the time and place for the receipt of said bids, no bids were submitted; and

WHEREAS, it is now the desire of this governing body to re-advertise and receive bids for the Curbside Collection of Recyclable Material for a six (6) month period with the option to renew for two (2) additional 6 month periods.

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

1. That the Township Council of Jackson Township formally authorizes the re-advertise and acceptance of bids for the Curbside Collection of Recyclable Material for a six (6) month period with the option to renew for two (2) additional 6 month periods
2. Amendments, as deemed necessary, to original bid specifications, including drawings, plans, forms, etc. are hereby approved.
3. That after the date and time for the receipt of bids has been determined; the Township Clerk is hereby authorized to re-advertise for sealed bids for the Curbside Collection of Recyclable Material for a six (6) month period with the option to renew for two (2) additional 6 month periods.

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

DATED: 9/14/10

RESOLUTION NUMBER 396R-10 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RELEASE TO WILLIAM J. ALLMAN., OF THE MAINTENANCE BOND ISSUED FOR SITTON SEPTIC CO, INC., A/K/A BLOCK 147.02, LOT 32.03

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

WHEREAS, William J. Allman has requested a release of the Maintenance Guarantee, which consists of $8,492.50 in the form of a Cash Bond pertaining to Sitton Septic Co., Inc., a/k/a Block 147.02, Lot 32.03, Jackson Township; and

WHEREAS, Michael G. Miller of T&M Associates, Township Engineer, has reviewed and approved the release of said maintenance bond in letter report dated August 24, 2010, which letter report is made a part hereof; and

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

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Maintenance Guarantee, which consists of a Cash Bond in the amount of $8,492.50, heretofore, posted with the Township may and hereby is released on the condition that the applicant:

Page 30 of 37

1. Reimburses the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township ordinance for the release of said maintenance guarantees.
2. Copies of this resolution to Administration, Finance, Applicant/Developer and Township Engineer.
3. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation

DATED: 9/14/10

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

RESOLUTION NUMBER 402R-10

RESOLUTION NUMBER 402R-10 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING REDUCTION TO THE PERFORMANCE GUARANTEE POSTED BY D.M. DEVELOPERS FOR BLOCK 87, LOT 13

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

WHEREAS, pursuant to Superior Court of New Jersey, Ocean County, Docket No. OCN-L-2759-02, dated April 11, 2003, the Township of Jackson is required to reduce D.M. Developer's Performance Bond No. S04781 issued by First Indemnity of America Insurance Company to the amount of 418,000.00 to cover the costs of final paving; and

WHEREAS, the following Performance Guarantee posted by D.M. Developers, Inc. is currently in place:

Performance Bond #S04781 in the amount of $88,165.00 issued by First Indemnity of America Insurance Company.

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

1. The Performance Guarantee consisting of Performance Bond #S04781 in the amount of $88,165.00 issued by First Indemnity of America Insurance Company is hereby reduced to the amount of $18,000.00 to cover the costs of final paving.
2. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.
3. Copies of this resolution shall be sent to Administration, Finance, D.M. Developers, Inc. and Al Yodakis, T&M Associates, Township Engineer.

DATED: 9/14/10

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

RESOLUTION NUMBER: 403R-10

TITLE: AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2011 MUNICIPAL AID PROGRAM FOR IMPROVEMENTS TO PATTERSON ROAD (FROM COUNTY ROUTE 571 TO COUNTY ROUTE 526)

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

WHEREAS, Daniel Burke, P.E., Township Engineer is seeking authorization to apply for and obtain a grant from the New Jersey Department of Transportation for fiscal year 2011 Municipal Aid Program for improvements to Patterson Road (from County Route No. 571 to County Route No. 526).

Page 31 of 37

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

1. The Township of Jackson does hereby authorize the submission of a grant application for improvements to Patterson Road (from County Route No. 571 to County Route No. 526) to the New Jersey Department of Transportation for the Fiscal Year 2011 Municipal Aid Program and upon receipt of the grant agreement, does further authorize the execution of the agreement.
2. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.
3. Copies of this resolution to the Commissioner of the State of New Jersey Department of Transportation, Municipal Administrator, Chief Financial Officer, Municipal Engineer, Daniel Burke, P.E. and any other interested parties

DATED: 9/14/10

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

RESOLUTION NUMBER: 405R-10

TITLE: AUTHORIZE THE SUBMISSION OF A GRANT APPLICATION TO THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2011 MUNICIPAL AID PROGRAM FOR IMPROVEMENTS TO REED ROAD (FROM HAWKIN ROAD ± 3,000 FT. EAST OF HAWKIN ROAD)

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

WHEREAS, Daniel Burke, P.E., Township Engineer is seeking authorization to apply for and obtain a grant from the New Jersey Department of Transportation for fiscal year 2011 Municipal Aid Program for improvements to Reed Road (from Hawkin Road ± 3,000 ft. east of Hawkin Road).

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

1. The Township of Jackson does hereby authorize the submission of a grant application for improvements to Reed Road (from Hawkin Road ± 3,000 ft. east of Hawkin Road) to the New Jersey Department of Transportation for the Fiscal Year 2011 Municipal Aid Program and upon receipt of the grant agreement, does further authorize the execution of the agreement.
2. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution.
3. Copies of this resolution to the Commissioner of the State of New Jersey Department of Transportation, Municipal Administrator, Chief Financial Officer, Municipal Engineer, Daniel Burke, P.E. and any other interested parties

DATED: 9/14/10

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

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RESOLUTION NUMBER 406R-10 TITLE: AUTHORIZE RELEASE OF PERFORMANCE GUARANTEE POSTED BY COUNTY LINE CONSTRUCTION FOR PROJECT KNOWN AS CRANBERRY HARVEST ESTATES (BLOCK 66.09, LOT 52.02) UPON THE POSTING OF A REPLACEMENT PERFORMANCE GUARANTEE

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

WHEREAS, County Line Construction, the developer of Cranberry Harvest Estates, Block 66.09, Lot 52.02, previously posted Irrevocable Letter of Credit No#663 issued by Sovereign Bank March 31, 2003 in the amount of $208,454,84; and

WHEREAS, the Township of Jackson previously authorized a reduction to said Letter of Credit whereby reducing said Letter of Credit to $62,563.75; and

WHEREAS, said developer is requesting release of original Letter of Credit upon the posting of a new Letter of Credit to be issued by TD Bank in the amount of $62,563.75; and

WHEREAS, prior to the release of the original Letter of Credit #663, the Township Attorney will review replacement performance guarantee for acceptance on behalf of the Township of Jackson; and

WHEREAS, the cash guarantee posted with the Township of Jackson by the developer remains unchanged; and.

WHEREAS, it is now the desire of this governing body to authorize release of the original Irrevocable Letter of Credit upon the posting of a replacement Letter of Credit to be issued by TD Bank

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

1. That the Township Council of Jackson Township hereby formally authorizes the release of Irrevocable Letter of Credit No. #663 issued by Sovereign Bank under date of March 31, 2003 on behalf of County Line Construction, as this release is based upon the Township’s having received and accepted a new Letter of Credit to be issued by TD Bank in the amount of $62.563.75.
2. That upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to County Line Construction and any other interested parties.

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

DATED: 9/14/10

RESOLUTION NUMBER: 407R-10

TITLE: AUTHORIZE DIRECTOR OF PUBLIC WORKS TO PREPARE BID SPECIFICATIONS AND ADVERTISE FOR THE RECEIPT OF SEALED BIDS FOR SUPPLY AND DELIVER OF ONE (1) EMERGENCY GAS POWERED GENERATOR FOR THE DEPARTMENT OF PUBLIC WORKS BUILDING

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

WHEREAS, Fred Rasiewicz, Director of Public Works, has requested approval to prepare bid specifications and advertise for receipt of bids for one (1) emergency gas powered generator for the Department of Public Works building; and

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

1. Fred Rasiewicz, Director of Public Works, is hereby authorized to prepare bid specifications and advertise for receipts of bids (date undetermined) for one (1) emergency gas powered generator for the Department of Public Works building
2. The Township Clerk shall advertise the Notice to Bidders for the purpose of the receipt of sealed bids for the above-named purpose or project.
3. Each bid shall be submitted as a written proposal in the manner designated in the specifications and shall be signed by bidder. The bid shall be enclosed in a sealed envelope bearing the name and the address of the bidder on the outside and addressed to Township Clerk, Township of Jackson, 95 West Veterans Highway, Jackson, New Jersey 08527. Said envelope shall be clearly labeled that it contains a bid for the purpose of “Supply and Delivery of one (1) Emergency Gas Powered Generator for the Department of Public Works Building”.
4. Plans, specifications, proposal sheets and form of bids may be inspected or obtained during normal business hours from the Purchasing Department, 95 West Veterans Highway, Jackson, New Jersey 08527 until 48 hours prior to the time set for the opening of bids.
5. It is the sole responsibility of each bidder to see that bids are submitted in date and time specified, and IN NO EVENT SHALL ANY BID BE CONSIDERED OR ACCEPTED AFTER THE DATE AND TIME SPECIFIED FOR THE RECEIPT OF BIDS. In the event that a bidder does not personally deliver the sealed bid on the date and time specified for receipt of bids, such bidder shall assume all risks of loss or misplacement of the sealed bid by the Municipal Officers or any other risk relative to the failure of the bidder to personally deliver the bid.
6. The bid quote shall be net to the Township of Jackson and shall be exclusive of State or Federal taxes. Each and every deviation from the specifications shall be clearly listed by the bidder. Failure to comply with this requirement shall be grounds for rejection of the bid.
7. Each bid must be accompanied by a bid bond, certified check or cashier check payable to the Township of Jackson for not less than ten percent (10%) of the amount of the bid, but not in excess of $20,000.00 and shall be delivered at the place and time specified above. This requirement will not be waived.
8. A contract will be awarded to the lowest qualified responsible bidder. The Township Committee reserves the right to reject any and all bids. The Township Committee reserves the right to waive insubstantial irregularities in any bid.
9. A Non-Collusion Affidavit in the usual form will be supplied with the specifications and shall be executed by the person or corporate office submitting the bid. Said Affidavit must be properly notarized. A Non-Collusive Affidavit must accompany each bid. These requirements will not be waived.
10. Bidders are required to comply with the requirements of P.L. 1975, Chapter 127 (N.J.S.A. 10:5-31 et seq.) and N.J.A.C.17:27. Successful bidders shall execute a contract containing Affirmative Action Requirements established by regulations pursuant to P.L. 1975, Chapter 127.
11. Corporate and partnership bidders shall comply with P.L. 1977, Chapter 33, by submitting a list of the names and addresses of all stockholders or owners holding ten percent (10%) or more of the stock or owning a ten percent (10%) or greater interest therein. Failure to submit such a list either prior to the time for the receipt of the bids or with the sealed bid will be grounds for the rejection of the bid.

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12. Performance date shall commence as stipulated in agreement or as stated in specifications.
13. The second lowest bid shall be retained for a period of thirty (30) days after the award of bid.
14. Bidders are required to comply with P.L. 2004, Chapter 57 effective September 1, 2004 “New Jersey Business Registration Requirements”.
15. That upon the adoption of this resolution, the Township Clerk is authorized and directed to forward a certified copy of it to the Township Administrator, Chief Financial Officer, Director of Public Works, Municipal Engineer, Purchasing Department and any other interested parties.

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

DATED: 9/14/10

DISCUSSION AGENDA

Township Clerk Eden – Developer’s request for Council’s consideration in amending performance guarantee requirements. Mr. Borden is here tonight regarding approval of a site plan for Jackson Orthodontics wherein the performance bond is in excess of the cost of the project and what is minimally required.

Ian Borden – Asked that his client not be required to post bonds for the private site plan improvements. He stated that the question here is private site plan improvements versus public improvements. He is asking that his client not be required to post bonds for the private site improvements; however, they will certainly post all the inspection fees in accordance with the Ordinance. They’re not seeking any relief from the Ordinance. Their interpretation of the Ordinance is that there doesn’t have to be bond for those types of improvements. Attorney Gilmore stated his opinion and believes that the Governing Body would have to look at this. Council President Martin asked what the cost of construction is. Mr. Borden replied. Council President Martin asked what the performance guarantees are. Mr. Borden replied and stated that it’s common for a bond to be higher than market value. Council Vice President Bressi stated that there is such a large difference in the dollar amounts. He believes it would be best if T & M sat down with Mr. Borden and discussed all of this. Attorney Gilmore stated it would be best to carry this for two weeks to enable Council to get some advice from T & M. Attorney Gilmore stated that he’s afraid if they do it for one others will feel entitled. Council Vice President Bressi agreed so this does not set a precedence set for the bigger builders.

Administrator Del Turco – Water Agreement renewal with the Ocean County Library Commission (not discussed – will be carried to the September 28^{th} meeting/agenda).

MAYOR'S COMMENT

MAYOR REINA thanked Westlake for the honor they bestowed on all the victims and the first responders on 9-11. He said they put on a wonderful ceremony and he thanked everyone who observed the significance of the day.

PUBLIC COMMENT FOR ANY TOPIC

PETER GRZELAK – 3 ABES WAY asked Council Vice President Bressi what he voted no on the bills? Council Vice President Bressi stated that it was a bill for the engineers for Bartley Field. He asked about the debt relief as we’re going toward the bonding of new monies and he noticed $300,000.00 and wanted to know what that is for. Sharon Pinkava, CFO replied that the $300,000.00 represents the total debt service for this year and what’s going to be next year. He also commented about Council talking the

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grant money and he wanted to remind everyone that the money comes from us. Councilwoman Rivere stated that if the money doesn’t go to Jackson you’re still paying for it and it goes somewhere else.

STEPHANIE BROWN – 310 SOUTH NEW PROSPECT ROAD thanked Mayor Reina for the support and concern that he has given to her daughter Shannon and wanted him to know that her daughter has been clean and sober for 75 days. She also wanted to let everyone know how amazing the Jackson School System is. She mentioned that her son had brain surgery and was homebound twice. Her son attends Liberty High School where they’ve made it possible for him to succeed. He was just named student ambassador for Liberty High School and will be representing Jackson Township when he goes on a school trip next summer to Europe. She said none of this would have happened without the school system working.

JOHN SUTTLES – 403 MEADOWOOD ROAD mentioned amending the performance bond guarantees and the possibility of it being a very slippery slope. He believes that they must be very careful, so there are no loopholes that would allow someone to take advantage. He is suggesting they should proceed with extreme caution before modifying these rules.

TIM JONES – 15 HARVERST COURT regarding the Bond Ordinance 17-07 he asked if they get to vote on this. Councilman Martin stated that they do. Mr. Jones asked if Attorney Gilmore’s Office is paid out of this bond. Attorney Gilmore replied that they are. Mr. Jones asked Attorney Gilmore about monies paid to his office and if it goes through his office and back to the landowners. Attorney Gilmore replied yes. Council President Martin commented that Mr. Jones is asking Attorney Gilmore to make a blind comment about this. Township Clerk Eden replied that this is all in response to an OPRA request by Mr. Jones and that Ms. Pinkava just went to get the information. Attorney Gilmore replied that without looking at the records all he can tell him is that yes, it is possible. Mr. Jones goes on to question payments to various attorneys. Township Clerk Eden stated that, if he has a purchase order number, he can OPRA that information and find out specifically where the money was spent. Mr. Jones stated that this bond looks like a huge pie where everybody is sticking their finger in and getting a piece. He thinks we’re paying a lot of duplicate legal fees. Mayor Reina said that it was mandated a little over a year ago and we sat down with seven or eight attorneys and the court master to discuss COAH. Accusations were made that he was in secret negotiations, but that’s when a lot of the attorney’s bills came in and at that time he believes Councilman Tilis and then Planning Board Chairman Bressi were also present. Councilwoman Rivere said she was present as well. Councilwoman Updegrave said she was too. Attorney Gilmore stated Phil Caton was the court appointed master, so his law firm was paid. He goes on to explain some of the other charges. Township Clerk Eden stated that she was just provided a copy of Bond Ordinance 17-07 and after reading it she stated that anything having to do with affordable housing is going to hit this Bond Ordinance.

KIMBERLY LUM – 8 MONROE LANE the point we’re trying to make is there is at least a half-million dollars in legal fees and she’d like to know where we got with them since we haven’t really fought them like a lot of other municipalities. Council Vice President Bressi stated that’s what COAH has cost our town and other towns, it’s astronomical and that’s part of the problem. Ms. Lum asked how long they’ve been pulling money out of this. Sharon Pinkava replied that it started in 2007. Ms. Lum asked what we’ve won with COAH. Councilman Bressi replied that Mitch Lee was also a COAH application and the entire mediation was over COAH. The court master told him they were there for COAH by court order and all the professionals were present.

TIM JONES – 14 HARVEST COURT he mentioned along with this bond he knows we received two million dollars out of another account and he will OPRA that as well. He stated Rehabco was paid almost $50,000.00 out of this fund and he wants to know who they are and what they do for our town. He said we are paying them almost $1,500.00 a month and wants to know what are they doing. Council President Martin stated that they do remedial work for affordable housing.

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STEPHANIE BROWN – 310 SOUTH NEW PROSPECT ROAD stated that the Mayor deserves the respect of everyone on the Council. She said that this has got to stop because if Council isn’t showing respect for the Mayor how are we supposed to feel about our Government working together. She believes Councilman Kafton should stop it.

KIMBERLY LUM – 8 MONROE LANE asked Council President Martin about abstaining from RC Shea & Associates. Council President Martin replied that he has been doing so for four years. Ms. Lum asked why. Council President Martin replied that they prepared his will for him several years ago. Ms. Lum asked about Al who lives on Solar Avenue and she said that he raised his children there and it's literally on his front door and out of any one in town he has suffered the most. She believes it would be great if something could be done for this gentleman like a buffer or a buy out. Council President Martin asked Attorney Gilmore if legally anything can be done. Attorney Gilmore replied only if the developer was willing to voluntarily increase the buffer, that's the only way anything could get done. Ms. Lum asked if Council could make any changes to that because the court master said that they could make changes that they see fit. Attorney Gilmore replied no that the judge believes Jackson Township is holding up the project and if the Township does not proceed the way that he approved it he will hold the Township liable for any attorney's fees and costs if there's another application to the court. Ms. Lum mentioned that the judge he also said this could go before Council and make changes they see fit and it didn't. Attorney Gilmore replied Council cannot change the project. Mayor Reina asked if we can contact the developer and see if they can voluntarily do something for this gentleman. Attorney Gilmore said they will. Ms. Lum stated that since 2007 this has cost us almost $500,000.00 and it's a lot of money.

GARRY BLACK – 76 LEWIS LANE stated that some think public workers should be held as second-class citizens and just keep quiet, which he doesn’t like. He doesn’t believe it’s fair to take away his right to run for public office, although he doesn’t want to. He said he used to be a plumber and couldn’t compete anymore when business died out. He said he had to get out of the business because he had all the proper licenses, and insurance, and could not compete with somebody whose biggest expense is a six pack, so he went to work for Government and made a little over $40,000.00 last year and has been on the job almost 20 years. He doesn’t believe Mr. Kafton should attack Mayor Reina for taking a Government job. Councilman Kafton replied that he needs to take that up with Governor Christie. Mr. Black said he doesn’t agree with him and wants to know why Councilman Kafton has a problem with it.

TIM JONES – 14 HARVEST COURT wanted to know if anyone has any information on the Solar Avenue II project that he brought up last time. He is bringing it up because on 8/10/10 we paid T&M Associates to prepare a street vacation. Council President Martin asked if they would please have an answer for Mr. Jones by the next meeting. He asked about an OPRA request that he put in for the executive session minutes from March 9, 2010 and the reply he received from Ann Marie Eden was that the minutes were not yet approved for release. Attorney Gilmore replied that there should be a Resolution at the next Council meeting approving various executive session minutes and then they can be released.

GARRY BLACK – 76 LEWIS LANE Council President Martin advised Mr. Black that if he is going to follow the same line of questioning, he is going to caution him. Mr. Black asked why? Council President Martin replied it has been asked and answered. Attorney Gilmore goes on to say that a lot of people believe that if you hold a public job you should not be prohibited from holding a public office and he believes there is no point in arguing about this until we see where the legislature goes. Mr. Black asked why it was brought up the way it was brought up. Councilman Kafton stated that he tends to agree with that unless you got the job because you hold another public office.

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MOTION TO CLOSE PUBLIC HEARING ON ANY TOPIC BY: UPDEGRAVE MOTION SECONDED BY: BRESSI YES: RIVERE, UPDEGRAVE, BRESSI & MARTIN NO: KAFTON

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

9:05 PM

RESPECTFULLY SUBMITTED,

COUNCIL PRESIDENT MARTIN

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

AME/dmk