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ROLL CALL:

COUNCILMAN BORRELLI COUNCILMAN CHISHOLM (Absent) COUNCILMAN SAUICKIE COUNCIL VICE PRESIDENT FLEMMING COUNCIL PRESIDENT KERN ATTORNEY MCGUCKIN TOWNSHIP CLERK KISTY

ATTORNEY MCGUCKIN TOWNSHIP CLERK KISTY

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.

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

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:

JANICE KISTY, R.M.C. TOWNSHIP CLERK

DATED: 9-28-2021

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COUNCIL PRESIDENT KERN- Please remain standing for a moment to honor the soldiers who fought so that we could have a meeting like this and our First Responders who keep us safe while we do it.

ROLL CALL: COUNCILMAN BORRELLI COUNCILMAN CHISHOLM (Absent) COUNCILMAN SAUICKIE COUNCIL VICE PRESIDENT FLEMMING COUNCIL PRESIDENT KERN ATTORNEY MCGUCKIN TOWNSHIP CLERK KISTY

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.

COUNCILMAN BORRELLI – Stated that Chief Kunz shared with the Township Council that there’s a display of Jackson Police Department memorabilia available for the public to view until the end of October. It is located on the first floor at Jackson branch of the Ocean County Library; included in the display are photographs, Police equipment and items used or worn by Chief Jerry Showell who served our town from 1946 to 1962 and Chief Walter McCurdy who served our town from 1962 to 1986. The families of Chief Showell and McCurdy helped provide the personal effects for the display. As well as Major Borden Applegate who’s a retired Jackson Police Officer.

He wanted to encourage our fellow residents to stop by and enjoy the display exhibit. That’s at the Jackson Library which was created in honor and recognition of the Jackson Township Police Department 75th milestone. Thanked them for keeping our great town safe and secure.

In closing, Johnson Day is this Saturday, October 2nd from 12 to 6 p.m. at Johnson Park. It’ll be fun for the whole family, including a parade kickoff starting at 11 AM. Leading into the park opening ceremonies in the park around 12 which will include the signing of the National Anthem. All different kinds of food vendors, beer garden, petting zoo, a game truck among other things and different kind of other informational vendors as well as the First Responders and Firefighters. Encourages all to attend and wants to encourage residents to invite your family, friends and neighbors to join us.

The town would also like to honor and recognize our doctors, nurses and health care workers by inviting them to walk in the parade, so if you work in the health care field and know of anyone that does or belong to an organization in Jackson or coach a sports team in Jackson, and you and your players will like to walk in the parade, please reach out to our Township’s Recreation Department at (732) 928-1260. They are organizing the Jackson Day event for all of us and he hopes to see all of you on Saturday.

COUNCILMAN SAUICKIE- Called attention the first reading of Ordinance 22-21, on the agenda tonight. He stated this is a revision of an ordinance that he’d authored and the Council unanimously passed back in April of 2020, known as the Soil Fill ordinance. That ordinance passed and it was based on a New Jersey DEP template in response to what the residents of the town had asked of the Council, which was to protect the unique environment of Jackson. The ordinance was then brought to Court by a builders union and a developer and the Judge overturned it. He is happy to be resubmitting it tonight. Stated it did take a little bit longer than he had hoped, but we wanted to make sure it was in line with the original intended coordinates and he hoped that Council would pass it tonight.

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He also wanted to reorganize Gavin Kohute who ran this week’s second annual Eagle 5K run. He had the honor of emceeing it was a great turnout by the community and all the proceeds go to our Firefighters and their families for scholarships.

COUNCIL VICE PRESIDENT FLEMMING – It is great to see a full room and it’s going to be good to hear from those wishing to speak.

He commend Councilman Sauickie on all the work he did on the soil fill ordinances; he did it once then he did it again and he got them both up and running. Stated we really appreciate that work.

COUNCIL PRESIDENT KERN- Wish and hopes everyone is able to get out and enjoy Jackson Day this Saturday; he hopes that residents have a wonderful time and all the organizations make some money for their respective charities and their respective sports and different organizations they have in town.

Last week he received his mail in ballot in the mail for the general election in November. Tonight’s meeting is competing against the gubernatorial debate that began at 7. It is very important that all of our residents that are registered to vote, do so. Stated as soon as you made up your mind, if you received the mail-in ballot; please do not wait to return it. Any resident that is not currently registered to vote; based on their current address where they live now should go to the County Clerk website and download the form to register as soon as possible.

This year the entire State Government, Governor and all members of the legislature are up for election. If, as residents, you are concerned about how the State took 21 million dollars away from our School district's budget, please vote. If you are concerned about the high taxes that we pay in New Jersey; please go out and vote. If you wish your children could afford to raise their family in New Jersey; and not have to move out of State to raise their children in a home, please go out and vote. If you wish your parents didn't need to move to Florida or South Carolina to be able to live off of their pensions and make ends meet, please vote.

At the last meeting he was asked about a resolution demanding that the legislature create affordable housing laws and remove the decision-making power from the Judges where it currently lies, who have no repercussions for their decisions. The current legislature has not taken that issue up and has no intention of doing so. If you want things to change, please vote.

MOTION TO APPROVE BY: SAUICKIE

SECONDED BY: BORRELLI YES: BORRELLI, SAUICKIE, FLEMMING, KERN ARSENT: CHISHOLM

ABSENT: CHISHOLM

ORDINANCES, SECOND READING:

ORDINANCE: 19-21

TITLE:AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AUTHORIZING ACQUISITION OF REAL PROPERTY BY NEGOTIATION, PURCHASE, CONDEMNATION OR EMINENT DOMAIN, FOR PROPERTY KNOWN AND DESIGNATED AS BLOCK 6508, LOT 9, A/K/A CPL MARCIANTE MEMORIAL DRIVE, JACKSON TOWNSHIP, NEW JERSEY

PUBLIC HEARING OPENED: NO ONE CAME FORWARD.

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MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE 19-21 BY: FLEMMING MOTION SECONDED BY: SAUICKIE YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

MOTION TO APPROVE ORDINANCE 19-21 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

Councilman Borrelli Again as long as there’s fair and just compensation for said property.

WHEREAS, the Township Council of the Township of Jackson, County of Ocean, State of New Jersey (hereinafter referred to as the “Township”) have concluded that it is necessary, desirable and appropriate for the Township to undertake acquisition of property known and designated as Block 6508, Lot 9, a/k/a CPL Marciante Memorial Drive, County of Ocean, New Jersey; and

WHEREAS, certain property which the Township believes it must acquire is currently in private ownership; and

WHEREAS, by adoption of this Ordinance the Township authorizes the taking of a fee acquisition of property which is currently privately owned, by condemnation/eminent domain so that the Township and other entities or agents acting on behalf of the Township shall have access onto, over and through said privately owned real property for the purpose of open space and recreation; and

WHEREAS, the Township further finds that public use and purpose would be served for the benefit of the Township and surrounding communities by acquiring the aforesaid property, including, but not limited to, the promotion, protection, and preservation of the public health, safety and welfare of the Township and its inhabitants by the acquisition of certain interests in said real property for additional safety and protection; and

WHEREAS, the Township is authorized by the New Jersey State Constitution, N.J.S.A. 40A:12-5(a), N.J.S.A. 20:3-1, et seq., and/or any other provision of applicable law to proceed with acquiring certain property interests by condemnation/eminent domain as long as just compensation is paid for the same.

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

Township Council specially authorizes any and all necessary and appropriate actions by Township officials including the Mayor, Township Clerk, Township Attorney, and/or Special Condemnation Attorney, in conjunction with the New Jersey Department of Environmental Protection and/or any other appropriate State or Federal entity, for the

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taking and obtaining of certain property interests in the properties as set forth herein through negotiation, purchase, or condemnation/eminent domain, including, but not limited to, the hiring of any experts, engaging the services of land surveyors, title insurance companies, appraisers, and any other professional whose services are necessary or appropriate to implement the purposes of this Ordinance, the making of any offer by the Township to the property owner(s) in the full amount of the appraised value of the property interest that the Township seeks to acquire in said property, and to negotiate in good faith with the record owner(s) of the property for its voluntary acquisition in accordance with N.J.S.A. 20:3-6, and in the event that the negotiations for the voluntary acquisition of the property interest are unsuccessful for any reason to commence a condemnation action by the filing of a Verified Complaint and Declaration of Taking, depositing the estimated just compensation with the Clerk of the Superior Court, filing a Lis Pendens, and taking any and all other actions of any administrative or other nature necessary to complete the process contemplated by this Ordinance.

DATE: ___

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of

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the Township of Jackson held on the 14th day of September, 2021, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 28th day of September, 2021, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

Janice Kisty, RMC, Jackson Township Clerk

ORDINANCES, FIRST READING:

ORDINANCE: 20-21

TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND THE JACKSON SOCCER CLUB FOR THE LEASE OF PROPERTY KNOWN AS "VISTA FIELDS", BLOCK 2201, LOT 2

MOTION TO APPROVE ORDINANCE 20-21 ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON OCTOBER 12, 2021 BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

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

SECTION 1. Purpose: Pursuant to N.J.S.A. 40A:12-15, a municipality may enter into a Lease, not to exceed fifty (50) years for any municipal public purpose, including but not limited to activities for the promotion of the health, safety, morals and general welfare of the community with any nonprofit corporation or association. The Jackson Soccer Club, a nonprofit corporation of the State of New Jersey has improved the soccer fields located on the property known as Block 2201, Lot 2 (Vista Fields) with the clearing and grading of said land, the installation of a well and sprinkler system, the provision of electricity, seeding and maintenance of the fields.

The Jackson Soccer Club now wishes to enter into a multi-year Lease Agreement with the Municipality for the continued use of the fields so they may make additional improvements thereto. The purpose of this Ordinance is to authorize said Lease.

SECTION 2. The Township of Jackson hereby authorizes the execution of a Lease Agreement, a copy of which is attached hereto as Exhibit A, with the Jackson Soccer Club for the Lease of the property known as Block 2201, Lot 2 as shown on the official tax map of Jackson Township, more commonly known as Vista Fields for a period of five (5) years, with the Township having the option to extend the Lease for up to three (3) additional five (5) year terms or until June 30, 2041. The terms of said Lease Agreement are set forth in the attached Agreement. The Tenant shall on an annual basis, provide a report to the landlord through the Township Administrator setting forth the use to which the property was put, the activities of lessee to perform the public purpose, the value or cost thereof and an affirmation of the continued tax status of the nonprofit corporation pursuant to both state and federal law.

SECTION 3. This Ordinance is specifically conditioned upon approval of Green Acres, Department of Environmental Protection and Energy for the State of New Jersey.

SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a Court of

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competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

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

DATE: ___ MAYOR MICHAEL REINA

MAYOR MICHAEL REINA

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 28th day of September, 2021, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 12th day of October, 2021, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

Janice Kisty, RMC, Jackson Township Clerk

ORDINANCES, FIRST READING:

ORDINANCE: 21-21

TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING CHAPTER 298-6 ET SEQ., OF THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON WITH RESPECT TO TEMPORARY SPECIAL PERMITS FOR ENTERTAINMENT/ MUSIC FESTIVALS

MOTION TO APPROVE ORDINANCE 21-21 ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON OCTOBER 12, 2021 BY: FLEMMING MOTION SECONDED BY: BORRELLI YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

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

SECTION I. Purpose. In or about 1972 the Township of Jackson adopted a special permit process with respect to rock music festivals, jazz festivals or other mass musical or public entertainment uses of a temporary nature.

WHEREAS, it has been nearly 40 years since that Ordinance was adopted. It is the purpose of this Ordinance to amend Chapter 298-6 et seq., to update and streamline the process for such permits.

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SECTION II. Article II of Chapter 298 of the Township Code shall be amended to redesignate same as, “Temporary special use permits for mass musical or public entertainment events within the Township.” SECTION III. Chapter 298-6 shall be deleted and replaced with the following:

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Administrator to ensure appropriate cleanup, restoration and reimbursement of costs incurred by the Municipality with respect to such event.

(f) In addition, at least ten (10) days prior to said event, the Applicant shall provide proof of insurance naming the Township, its agents, servants and/or employees as additional insureds, with a minimum liability coverage in the amount of $1,000,000.00. A fee in the amount of $250.00 shall accompany each application.

This article shall not be applicable where there are to be less than 1,000 people attending such event and where such event does not exceed a period of six (6) consecutive hours and provided further that the Chief of Police of the Township, the Township Clerk and Township Administrator are notified of said event at least 48 hours in advance thereof by written notice duly acknowledged and received by the Chief of Police, Township Clerk and Township Administrator.

Any person, group of persons, partnership, association or corporation, individually or collectively, who shall violate or aid in, take part in or assist in the violation of this article, shall be subject, upon conviction, to a fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation occurs or continues to exist shall be considered a separate and specific violation.

Nothing contained herein shall be deemed or construed so as to prevent the enforcement of any other remedy at law, concurrent or otherwise, available to the Township of Jackson or other law enforcement authority to avoid or prevent any violation or attempted violation of this article, such as but not limited to an injunction or restraining order.

This article is in addition to any other law, ordinance or regulation affecting the subject matter herein and is not in limitation thereof. SECTION IX. This Ordinance shall take effect after second reading and publication as required by law. SECTION X. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a Court of

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competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

DATE: ___

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 28th day of September, 2021, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 12th day of October, 2021, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

Janice Kisty, RMC

Jackson Township Clerk

ORDINANCES, FIRST READING:

ORDINANCE: 22-21

TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY DELETING CHAPTER 364 ENTITLED "SOIL/FILL" IN ITS ENTIRETY AND REPLACING IT WITH NEW CHAPTER 364 ENTITLED "SOIL/FILL IMPORTATION PERMIT"

MOTION TO APPROVE ORDINANCE 22-21 ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON OCTOBER 12, 2021 BY: SAUICKIE MOTION SECONDED BY: BORRELLI YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

Council President Kern would like to echo Council Vice President's comments and thanked Councilman Sauickie for all his diligent work on this ordinance.

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

SECTION 1. Purpose: The purpose of this Chapter is to manage the importation and deposition of soil/fill to protect the safety, public health and general welfare of the Township of Jackson and the environment. The adoption and enforcement of this Chapter does not exempt any permit applicant from any other required local, state or federal approvals or local soil conservation district requirements regarding the acceptability and placement of soil/fill materials.

This Chapter does not apply to soil/fill imported for the purposes of remediation pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARACS N.J.A.C. 7:26C) and Technical Requirements for Site Remediation (N.J.A.C. 7:26E), operation and/or closure of sanitary landfills (N.J.A.C. 7:26) or dredge repository sites approved by State or Federal Agencies.

a. For purposes of this chapter, the terms used herein are defined as follows:

ACCEPTABLE SOIL/FILL

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Non-water-soluble, non-decomposable, inert solids such as soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete, brick, glass, and/or clay or ceramic products, free of construction/demolition debris, garbage, refuse, or sludge and not containing concentrations of one or more contaminants that exceed the DEP's Residential Direct Contact Soil Remediation Standards or Non-Residential Direct Contact Soil Remediation Standards, whichever is more stringent, as set forth in N.J.A.C. 7:26D, Remediation Standards.

The property owner requesting a soil importation permit as provided for in this chapter.

Mixed waste building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures that includes, but is not limited to, treated and untreated wood scrap; tree parts, tree stumps and brush; plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; non-asbestos building insulation; plastic scrap; carpets and padding; and other miscellaneous materials.

Any soil/fill containing contaminants exceeding the current requirements for the most stringent concentrations between the Non-residential and Residential Direct Contact Soil Remediation Standards pursuant to N.J.A.C. 7:26D, Remediation Standards.

Any property, including but not limited to structures, sediment, soil and water, that contains a contaminant which is present at such levels or concentration as to require action pursuant to any federal or state statutes or regulations.

Material placed at a location for the purpose of filling low areas, changing the contours of an area, stabilizing existing grades and/or raising the grade of an area. Fill usually consists of soil, but may also include non-water-soluble, non-decomposable, inert solids, such as rock, gravel, brick, block, concrete, glass, and/or clay or ceramic products or any combination thereof.

The official document issued by the Township Engineer approving the Soil Importation Application.

Includes an individual, firm, corporation, association, society or partnership, or other business entity and their agents or employees.

The construction, reconstruction or relocation of any structure; land, regrading or disturbance of 5,000 square feet or more; and/or any subdivision of land classified as a major subdivision by Jackson Township Ordinance.

Sediments removed from under a body of water such as, but not limited to, a bay, harbor, lake, stream and river, removed during a dredging operation that are displaced or removed to another location.

As defined in the Technical Requirements for Site Remediation (Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken at a contaminated site as may be required by the Department, including, without limitation, removal, treatment

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measures, containment, transportation, securing, or other engineering or institutional controls, whether to an unrestricted use or otherwise, designed to ensure that any contaminant is remediated in compliance with the applicable remediation standards. A remedial action continues as long as an engineering control or an institutional control is needed to protect the public health and safety and the environment, and until all unrestricted use remediation standards are met.

“Remediation” or “remediate” means all actions to investigate, clean up, or respond to any known, suspected, or threatened discharge of contaminants, including the preliminary assessment, site investigation, remedial investigation, and remedial action, or any portion thereof, provided, however, that “remediation” or “remediate” shall not include the payment of compensation for damage to, or loss of, natural resources.

A person is not required to obtain a permit under this chapter for the following:

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The property owner receiving the soil/fill material is responsible for obtaining the permit.

Each permit issued under the terms of this chapter shall be valid only for the location(s) and soil/fill material described therein and shall be valid for the duration of the project specified in the permit application.

The procedure to apply for a Soil/Fill Importation Permit shall be as follows:

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A soil/fill reclamation plan which includes the following:

Part 1: The date the form is completed, the soil/fill supplier's name, title, company name, address, telephone number, and email contact information.

Part 2: The site name(s), address(es), and block/lot of the property(ies) supplying the soil/fill material. Brief history of the source property(ies), including current or past use of the property.

Answers to questions 1 through 3.

If applicable, the date soil/fill material was subject to analytical testing in accordance with applicable requirements of the New Jersey Department of Environmental Protection’s guidance entitled “Understanding Requirements for Soil and Fill Materials.” If analytical testing was not conducted, justification for making a determination that the soil/fill is acceptable without having analytical results.

Certification (signature) from the soil/fill supplier that the soil/fill being imported meets the definition of acceptable soil/fill.

By the person receiving or placing acceptable soil/fill material

Part 3: The date the form is completed, the name, title, company name, address, telephone number, and email contact information.

The address of the location where soil/fill placement will be placed.

Answers to questions 1 through 5.

Certification (signature) from the person receiving or placing the soil/fill material.

Within 45 days after receipt of a complete application, the Township Engineer shall render a determination to approve, conditionally approve or deny the application.

No person shall commence any new soil or fill activity until a license has been issued in accordance with this Chapter.

Whenever an application for a permit is denied, the applicant may appeal the denial to the Township Council of the Township of Jackson by filing a written

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notice of appeal with the Township Clerk within 30 days after receiving written notice of the denial of such application. The Township Council shall thereafter hold a public hearing within 60 days on the matter in accordance with rules or procedures to be established by the Township Council and may modify, affirm or reverse the decision of the Township Engineer.

Any person who violates any provision of this Chapter shall be liable to a fine of not more than $5,000.00 or to imprisonment for a term not to exceed 90 days or both such fine and imprisonment, at the discretion of the Municipal Court. Every day in which such violation continues after due notice has been served shall constitute a separate violation or offense. Upon order of the Court, the violator shall pay all costs associated with analytical testing, remediation, removal and proper disposal of soil/fill material determined to not comply with the definition of acceptable soil/fill.

The person receiving a permit pursuant to this Chapter shall comply with all conditions set forth in the permit. Submitting false information or noncompliance with a permit may subject the person receiving a permit to a penalty pursuant to section X above and/or suspension or revocation of such a permit.

Instructions: The supplier shall make the acceptability determination at the site of soil/fill origin and will complete Parts 1 and 2 of this form. Part 3 will be completed by the person receiving the material to be used as acceptable soil/fill material.

Part 1: Supplier of soil/fill material information

Date:

Name (print): ___Title: ___

Company Name: _____

Street Address: ___

City: _____ State: _____ Zip: _____

Phone #:_____ Email Address:_____

Part 2: Source of acceptable soil/fill material site information

Source Site Name:

Past Site Name(s) if known:

Street Address:

___

Block ___ Lot(s) ___

City: ___ State: ___ Zip: ___

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Brief history of the source property, including all property uses:

If applicable, the date soil/fill material was subject to analytical testing (provide copies): ___

If analytical results are not provided, justification for determining the soil/fill is acceptable without the need for analytical results:

I, the undersigned, certify under penalty of law, that the information provided in Parts 1 and 2 of this form is true and correct to the best of my knowledge and that the soil/fill material meets the definition of acceptable soil/fill as identified in Chapter xxxx. I also certify, based upon visual inspection, that the soil material does not contain solid waste, any free liquid other than water, obvious signs of staining or discoloration, and that it will not create a public nuisance such as, but not limited to, odors.

Signature:

Part 3: Person receiving or placing acceptable soil/fill material

Date: ___

Name (print): ___ Title: ___

Company Name: _____

Street Address:

Jackson Township Council Meeting of September 28, 2021

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City: _____ State: _____ Zip: _____

Phone #:_____ Email Address:_____

Physical address of soil/fill placement: ___

Block ___ Lot(s) ___

City: _____ State: _____ Zip: _____

I, the undersigned, certify under penalty of law that the information provided is true and correct to the best of my knowledge, information and belief.

Signature:

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

SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

SECTION 6. This Ordinance shall take effect after second reading and publication as required by law. And upon the adoption of a concurring Resolution from the Ocean County Board of Supervisors.

DATE: ___

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 28th day of September, 2021, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 12th day of October, 2021, at 7:30 p.m. at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

Janice Kisty, RMC, Jackson Township Clerk

COUNCIL DISCUSSION- RESOLUTIONS ONLY

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NO ONE CAME FORWARD.

MOTION TO CLOSE PUBLIC COMMENT, RESOLUTIONS ONLY BY: FLEMMING MOTION SECONDED BY: SAUICKIE YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

MOTION TO APPROVE BY: FLEMMING MOTION SECONDED BY: BORRELLI YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

WHEREAS, Jackson 1426, LLC has requested the release of Performance Guarantees consisting of Performance Surety Bond No. 621-100894-5 in the amount of $117,714.60 issued by United States Fire Insurance Company and Cash Bond portion in the amount of $13,079.40; and

WHEREAS, GM Highview Apartments, LLC submitted a replacement Performance Guarantee by way of Performance Surety Bond No. S322690 in the amount of $117,714.60 and a Cash Bond in the amount of $13,079.40; and

DATED: 9-28-2021

RESOLUTION 358R-21

TITLE: AUTHORIZE TRANSFER OF SAFETY & STABILIZATION GUARANTEES POSTED BY JACKSON STORAGE OF NEW JERSEY, DUE TO A CONTRACT OF SALE AGREEMENT AT TIME OF CLOSING, TO LIFE STORAGE, LP, FOR BLOCK 4801, LOTS 22 (400 N. COUNTY LINE ROAD)

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

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WHEREAS, Jackson Storage of New Jersey has requested the transfer of Safety & Stabilization Guarantees in the amount of $14,400.65 be transferred to Life Storage, LP as part of seller/buyer agreement; and

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

DATED: 9-28-2021

RESOLUTION 359R-21

TITLE: AUTHORIZE TRANSFER OF CASH PERFORMANCE GUARANTEES POSTED BY JACKSON STORAGE OF NEW JERSEY, DUE TO A CONTRACT OF SALE AGREEMENT AT TIME OF CLOSING, TO LIFE STORAGE, LP, FOR BLOCK 4801, LOTS 22 (400 N. COUNTY LINE ROAD)

WHEREAS, Jackson Storage of New Jersey has requested the transfer of Performance Guarantees for Monument (8) corners landscape & lighting in the amount of $1,440.00 be transferred to Life Storage, LP as part of seller/buyer agreement; and

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

DATED: 9-28-2021

RESOLUTION 360R-21

TITLE: AUTHORIZE CONTRACT AWARD TO EARLE ASPHALT COMPANY FOR THE PROJECT KNOWN AS “2021 ROADWAY IMPROVEMENTS” FOR A TOTAL CONTRACT PRICE IN THE AMOUNT OF $1,868,913.13

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

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WHEREAS, Jackson Township previously advertised for and received bids on September 14, 2021 at 2:00 p.m. for project known as “2021 Roadway Improvements”; and

WHEREAS, four (4) bids were received as follows:

WHEREAS, it appears that the apparent low bidder, Earle Asphalt Company, has satisfied all requirements of the bid specifications; and

WHEREAS, by letter dated September 15, 2020, Stephen Schreiber, P.E., C.M.E., the Jackson Township Engineer, has recommended to the Township Council that it award a contract to Earle Asphalt Company as the lowest responsive bidder; and

WHEREAS, the Township Council wishes to accept the recommendation of its Consulting Engineer; and

WHEREAS, the Chief Financial Officer has certified that sufficient funding exists for this purpose in the following Accounts: C-04-55-840-001-929 ($$544,439.81) and C-04-55-842-000-029 ($1,324,473.32).

NOW, THEREFORE, BE IT RESOLVED, this 28th day of September, 2021, by the Township Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Township of Jackson hereby awards a contract to Earle Asphalt Company for the Township's 2021 Roadway Improvement Program in accordance with the bid specifications in the amount of $1,868,913.13; and

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:

JANICE KISTY, R.M.C. TOWNSHIP CLERK

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MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

WHEREAS, Jackson Township previously advertised for and received bids on September 14, 2021 at 3:00 p.m. for project known as “FY 2020 Improvements to Wright DeBow Road Phase 2”; and

WHEREAS, it appears that the apparent low bidder, Earle Asphalt Company, has satisfied all requirements of the bid specifications; and

WHEREAS, by letter dated September 15, 2020, Stephen Schreiber, P.E., C.M.E., the Jackson Township Engineer, has recommended to the Township Council to award a contract to Earle Asphalt Company as the lowest responsive bidder; and

WHEREAS, the Township Council wishes to accept the recommendation of its Consulting Engineer; and

WHEREAS, the Chief Financial Officer has certified that sufficient funding exists for this purpose in the following Accounts: C-04-55-840-001-929 ($34,713.13) and G-02-40-444-000-629 ($425,000.00).

NOW, THEREFORE, BE IT RESOLVED, this 28th day of September, 2021, by the Township Council of the Township of Jackson, County of Ocean and State of New Jersey, that the Township of Jackson hereby awards a contract to Earle Asphalt Company for “FY 2020 Improvements to Wright DeBow Road Phase 2” in accordance with the bid specifications in the amount of $459,713.13; and

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:

JANICE KISTY, R.M.C. TOWNSHIP CLERK

DATED: 9-28-2021

RESOLUTION 362R-21

TITLE: RESOLUTION AUTHORIZING AWARD OF A CONTRACT TO GOVPILOT FOR THE PROVISION OF PROPRIETARY COMPUTER SOFTWARE MATERIALS PURSUANT TO N.J.S.A. 40A:11-5(dd)

MOTION TO APPROVE BY: BORRELLI

MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN

YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

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WHEREAS, the Township of Jackson has received a quote from GOVPILOT for the provision of certain proprietary computer software for use by various departments within the Township of Jackson; and

WHEREAS, the Township has received a quote for such services in the amount of $53,328.00; and

WHEREAS, pursuant to N.J.S.A. 40A:11-5(dd) the provision or performance of goods of services for the support or maintenance of proprietary computer hardware and software is a specific exception to the provisions of the New Jersey Local Public Contracts Law due to the proprietary nature of such services and equipment; and

WHEREAS, the Township of Jackson has a need for the services and software to be provided; and

NOW, THEREFORE, BE IT RESOLVED, this 28th day of September, 2021, by the Township Council of the Township of Jackson, County of Ocean and State of New Jersey, as follows:

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and directed to provide a copy of this Resolution to Terence Wall, Township Administrator; Janice Kisty, RMC; Sharon Pinkava, CFO; GOVPILOT; and Gregory P. McGuckin, Esq.

JANICE KISTY, R.M.C. TOWNSHIP CLERK

DATED: 9-28-2021

RESOLUTION 363R-21

MOTION TO APPROVE BY: BORRELLI MOTION SECONDED BY: SAUICKIE YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

WHEREAS, the Interlocal Services Act, N.J.S.A. 40:8a-1 et seq. authorized the Township of Jackson to enter into a contract for the provision of certain governmental services with the County of Ocean; and

WHEREAS, N.J.S.A. 40:8 a-1 et seq. requires such a contract be authorized by resolution or ordinance; and

WHEREAS, it is the desire of this governing body to authorize the execution of a contract with the County of Ocean for the provision of services, materials and equipment as set forth in Schedule “C” attached hereto.

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

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JANICE KISTY, R.M.C. TOWNSHIP CLERK

DATED: 9-28-2021

RESOLUTION 364R-21

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

Councilman Sauickie thanked them for volunteering.

WHEREAS, members were appointed to the Commission for the Disabled via resolution 061R-21 on January 12, 2021; and

WHEREAS, the Mayor, with the advice and consent of Council, is authorized to make said appointments pursuant to Chapter 3, Section 153(A) of the Administrative Code of the Township of Jackson; and

WHEREAS, the Mayor desires to add two (2) additional members to this board.

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

Copies of this resolution to Municipal Administrator, appointees and any other interested parties.

JANICE KISTY, R.M.C. TOWNSHIP CLERK

DATED: 9-28-2021

RESOLUTION 365R-21

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

Council President Kern stated the passing of this resolution means lease payments will begin soon as a land lease coming back to the Township right into the general fund to offset taxes.

WHEREAS, the Township of Jackson has previously entered into a Land Lease Agreement with HESP Solar, LLC, which Lease Agreement became effective on June 15, 2016; and

WHEREAS, said Lease Agreement was recorded in the Office of the Ocean County Clerk on August 23, 2016 in Book 16486 at Page 300; and

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WHEREAS, the Agreement provides for the construction of a solar facility on Township owned property and the Lease payments to the Township of Jackson during the term of said Agreement; and

WHEREAS, HESP Solar, LLC has requested the Township now execute an Estoppel Certificate, a copy of which is attached hereto as Exhibit A, which Estoppel Agreement authorizes an assignment of the Contract between Jackson Township and HESP, LLC to Jackson Legler Solar One, LLC, in order to accommodate investor financing with the new entity to be an indirect subsidiary of Greenbacker Renewable Energy Corporation; and

WHEREAS, the Township of Jackson authorized this proposal in 2016 and is awaiting its first payments with respect to same; and

WHEREAS, it appears that the date which triggers the Lease payments has now arrived; and

WHEREAS, it is in the best interest in the Township of Jackson to authorize the execution of said Estoppel Certificate so as to commence said monthly payments and energize the solar facility in question.

NOW, THEREFORE, BE IT RESOLVED, this 28th day of September, 2021, by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

JANICE KISTY, R.M.C.

DATED: 9-28-2021 TOWNSHIP CLERK

BILLS AND CLAIMS:

MOTION TO APPROVE BILLS AND CLAIMS BY: SAUICKIE

MOTION SECONDED BY: FLEMMING

YES: BORRELLI, SAUICKIE, FLEMMING, KERN

ABSENT: CHISHOLM

ABSTAIN: BORRELLI (DEL 01, EYE 01, NJS04, and RUT04)

CHECK# VENDOR

AMOUNT

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September 29, 2021 01:06 PM

Page No: 1

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September 29, 2021 01:06 PM

Page No: 2

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September 29, 2021 01:06 PM

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

PARKS REC Continued

67490 09/28/21 MIK05 DIANA MIKHAIL 83.88 7665

67491 09/28/21 SUR05 SURFLIGHT THEATRE 1,308.50 7665

Checking Account Totals Paid Void Amount Paid

Checks: 7 0 3,299.91 Amount Void

Direct Deposit: 0 0 0.00 0.00

Total: 7 0 3,299.91 0.00

PAYROLL AGENCY CASH CHECKING - PAYROLL

105823 09/28/21 POL01 POLICE & FIREMEN'S RETIREMENT 106,597.25 7667

105824 09/28/21 PUB01 PUBLIC EMP. RETIREMENT SYSTEM 64,956.99 7667

Checking Account Totals Paid Void Amount Paid

Checks: 2 0 171,554.24 Amount Void

Direct Deposit: 0 0 0.00 0.00

Total: 2 0 171,554.24 0.00

Report Totals Paid Void Amount Paid

Checks: 100 10 9,727,302.59 Amount Void

Direct Deposit: 0 0 0.00 0.00

Total: 100 10 9,727,302.59 0.00

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TOWNSHIP OF JACKSON

Check Register By Check Date

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Page No: 7

JANICE KISTY, R.M.C. TOWNSHIP CLERK

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

RESOLUTION 366R-21 TITLE: APPROVE JACKSON TOWNSHIP COUNCIL MEETING MINUTES OF SEPTEMBER 14, 2021

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABSENT: CHISHOLM

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 Township Council of the Township of Jackson, County of Ocean, that:

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DATED: 9-28-2021

RESOLUTION 368R-21

RESOLUTION 368R-21 TITLE: AMEND RESOLUTION 158R-20 AUTHORIZING THE EXECUTION, SUBMISSION AND ACCEPTANCE OF THE 2021 AREA PLAN CONTRACT PROGRAM GRANT FOR THE DEPARTMENT OF SENIOR SERVICES THROUGH THE OCEAN COUNTY OFFICE OF SENIOR SERVICES SO AS TO ACCEPT ADDITIONAL FUNDING IN THE AMOUNT OF $15,300.00, FOR A TOTAL AMOUNT OF $33,000.00

WHEREAS, the Jackson Township Department of Senior Services received authorization via Resolution 158R-20 to submit the 2021 Area Plan Contract Program Grant through the Ocean County Office of Senior Services; and

WHEREAS, the Ocean County Office of Senior Services has determined that additional funding is available for the Township of Jackson in the amount of $15,300.00; and

WHEREAS, the Township of Jackson is desirous of receiving said additional funds, bringing the total amount for the 2021 Area Plan Contract Program Grant from $17,700.00 to a total of $33,000.00.

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

PUBLIC COMMENT, ANY TOPIC

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ANTHONY BAIER – 4 OVERLOOK DRIVE – Jackson resident since 1985. Questioned the Council about Resolution 362R-21 annual Municipal subscription for proprietary computer software material in the amount of 53,000.00. Wanted to know the name of the computer software of the proprietary that you’re purchasing.

BA Wall stated that relates to a product called GovPilot; it’s a program that automated forms throughout various departments in town and that’s an annual subscription. That would relate to licenses and other types of things. OPRA requests that you typically have a manual paper oriented process to automate many items in the Clerk’s office and other offices. Folks can transact business online at their convenience from whatever device of their choice, populate the forms automatically and flip it over to Municipality if there’s a particular payment; that’s another payment module when Covid shut everything down.

Mr. Baier assumed there are other Ordinances on this proprietary software; he wanted to know where he can find a list of all the proprietary software that our taxpayers pay for. He is most concerned with the protection of our public information in our computer systems. He wants to understand the ransom software and the computer security and cyber security measures we are taking to protect that.

Mr. Baier’s concern was about the Whispering Hills development, homes turning into shabbats, and vans come in on Friday nights. People are coming and going from different states that are visiting. Code violations being violated with 40 mattresses piled in the garage. Mr. Baier called police for parking violations, the police came but there was nothing that could be done about that, that they are just visiting.

Mr. Baier next concern is that New Jersey contractors are working on a property that has stop work order. He walked up to one of workers one day and asked what he was doing because there is a stop work order; he stated he gave the worker courtesy and told his boss he was going to tell the town that he is doing work on a home with a stop work order.

Mr. Baier stated when he spoke to a Police Officer; they come by to drive by when people are parked the wrong way and the Police state they did everything they could. He feels they do not do anything or enforce the law.

Council President Kern stated that Council is often asked by citizens why we can’t direct a Township Official to take a certain action to go and enforce something or to do something specific. The answer to that question is because under our form of government here in Jackson, Council members have no authority to do so. Council President Kern stated that 15 years ago the residents of Jackson voted to change from a Committee where the Mayor is selected by this group each year; under the current form of government, the Mayor is the only person authorized to direct the day to day operations of the Township. He is the only one who is allowed to authorize the functions. All department heads expect our Clerk report to our Administrator, Mr. Wall and not to this Council. The best comparison to make is the Mayor is the Governor and the Council is like the legislature; we can pass ordinances, resolutions, approve contracts but we cannot tell the Mayor how to run the town. We cannot infringe on the authority granted them by law. There are number of towns that have the same form of government as Jackson, including Newark, Trenton, Brick, Berkeley and Toms River. This Council has and always will listen to the concerns of our residents and will continue to forward concerns to the Mayor and Administration. We urge you to do the same.

ELENOR HANNUM- 7 EVERGREEN COURT- Ms. Hannum’s first concern was about illegal use in residential properties. Residents asked for action and got nothing; they have asked for accountability it was pointed elsewhere.

Ms. Hannum’s second concern is about 71 East Connecticut Concourse code violations, zoning, building and no “CO”. Other health situation is about the septic.

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Ms. Hannum’s third concern is about the Governing body not working with the residents and there is no excuse for violating the law. She is concerned with quality of life in the neighborhoods.

She was disappointed with the Police Department when she tried to amend her complaint and after doing so, and asked what is next, she was told she should hire an attorney based on what her profession is.

Ms. Hannum thanked council for updating the soil importation ordinance and hopes testing will be included because she heard comment of ‘permit’. The importance of the soil importation ordinance is that this soil is being tested. Concern about Jack Morris contaminated three developments throughout the State of New Jersey with soil that he imported.

Ms. Hannum stated she is still waiting on a clear cutting ordinance. She did send information on that and hopes something can be done. Looking at the website for New Jersey, the environment talks about everything but clear cutting and she has concerns about the global warming and aquifers.

RICHARD CIULLO- 215 GRANT AVENUE SEASIDE HTS. – Mr. Ciullo wanted to know if Council had an update about the document that went public and was not under OPRA protocols. He was referring to Ms. Cusinelli’s subsequent complaint.

Attorney Greg McGuckin stated the investigation continues.

Mr. Cuillo’s next question was to do they know how many legally recognized synagogues we have currently in Jackson Township? He stated currently we have one legally operating synagogue in the town.

Mr. Cuillo asked Attorney Greg McGuckin if there is a clear delineation between an individual practicing their faith and inviting their friends and family into their home for the purpose of doing that and actively promoting an enterprise with a bank account and using the property as commercial - is there a delineation between those two and if so, do you see a land use issue in the latter.

Attorney Greg McGuckin stated delineation is always fact specific, but there are a legion of cases that have attempted to define that line and it is not easily done. Whether it's being used as a residence or a house of worship is fact sensitive and the courts have leaned in favor of people using their homes for purposes of praying together with their friends and family or strangers and that's what the courts have said repeatedly over the years.

Mr. Cuillo was speaking about 37 Brookwood Parkway; he stated he believes that the foot print of the structure, the addition that was put on it, and the percentage being used for religious purposes as opposed to residential - has the square footage ratio been determined?

Attorney Greg McGuckin stated it is not determined by the ratio or the square footage or the percentage of the property used for one another. The Judge bases each case individually.

Council President Kern asked BA Wall if he can speak of the; Code Enforcement hire. BA Wall- Folks are rightly and justifiably angry about people not following the law regardless of their background, their faith where they’re from where they’re going they’re angry because we have local ordinances for a reason and so the goal of all the departments has nothing to do with revenue raising; it has everything to do with compliance because there’s a different issue as it relates to fines that are levied when they’re appealed to the County. He doesn’t speak to the politics; he is here since January 2019. From a Mayor and Administrative standpoint we have local ordinances for a reason. They’re to be followed by everyone regardless of your background, race, creed, color and it’s supposed to be fair and equitable to everyone and compliance is the goal. We have our Police Chief here this evening, as well as our construction official Brent O’Connor as well as Jeff Purpuro. There’s a commentary about different properties even just now the gentleman indicated the 11 potential items that could be potentially be non-compliance. The head of the department is here and he tells you just bluntly any reference point or area of concern and working collaboratively the Mayor’s Office and the

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Council’s office works collaboratively together. He also gets referrals for issues of concern that may or may not be an issue and they are all referred to the appropriate department. That may be zoning, Code Enforcement, maybe the Police Department and it may be all of them because they work collaboratively. Every monthly department head meeting, when this topic comes up, the local ordinances about folks being able to have the quiet enjoyment of their home and for people to following the rules and being respectful and civilized with their neighbors. It’s very simple because he is the one saying that we have local rules for a reason. If someone is violating the rules it’s very simple; they go to court. That’s with all 16 different departments that we have here and that’s simply not Code Enforcement or local ordinances generally speaking we’re a Nation of Laws and we should be a Nation in a Country and a Municipality of mutual respect for each other.

He wanted to share how we conduct our administrative affairs in conjunction with the Council and in conjunction with the taxpayers and user groups. There was clearly a need for additional coverage. One of the complaints that we had was to what extent are you able to manage a call when it comes in the middle of the night or comes in during off hours and they're not working or it's the weekend it's Saturday morning, it's a Sunday afternoon. The default had been reach out to the Police Department and the commentary was that the protocols weren't consistent with what the goal was of the complainant so we met and we discussed that issue. Two parts and he'll get to the more staffing issue to address specific concerns; we're revising the protocol within which the communication Officers handle inquiries should feel comfortable anytime, any day with the 24 hours and 7 days a week. If they see an area of concern that they wish to have addressed, they can confidently contact the Police Department. He stated the Department heads are here too and they can give you a macro view of how they work and how they operate so you understand the value that's being provided to you.

One item specific to staffing we are engaging in having complete coverage for 7 days a week for full days because unfortunately in a 100 square mile town was approximately 60,000 people. You have the vast majority following the rules respecting each other and raising their families to live, work and play and succeed. However, there are folks who violate the law, who don’t care, who are disrespectful of their neighbors and even when provided with summonses continue to disrespect and continue to not care and not be concerned with multiple summonses and even when provided with summonses, continue to disrespect, and not be concerned with multiple summonses. That’s very difficult and very unusual happenstance when that happens. We have a full time Code Enforcement member starting next week. So we have full time coverage on Saturday and full coverage on Sunday and a few additional interviews and additional coverage to bring a full day coverage from morning to the late afternoon to the early evening hours. He stated what we want you to know and feel comfortable that we’re still adjudicating your local ordinances that you’re paying taxes for consistent with the goals and objectives with the Council on a full 7 day a week basis. However there still will be times when you still may have to reach out to the Police Department; there are revised protocols that are updated in place to better manage those issues when you are dealing with persistent violators and it’s really unfortunate when it does occur. However when fines are put into place or rather summonses that’s a Court process and we are not involved in the court process that is not a legal place for Administration to be involved with. The Police Department is a separate entity, the court is a separate entity as well so once it’s in that area then that’s a different path.

He stated to Council President Kern that it was a longer answer, he also wanted the folks to know that the departments are here. They're available to you. Our doors are open and every single complaint is referred to the appropriate department. If you find a failure in that particular department area, please let us know and you also have the council available, the Mayor and the Township Attorney and we are continuing to do our best to have that. Regardless of background, where you live and where you are from or your faith we all follow the same rules together as respectful neighbors of Jackson Township.

Council President Kern stated he would like the department heads to come up. What can the Council do and what has the council done. Last year someone already mentioned the 700 person party. The very next meeting less than two weeks later, we had an ordinance up and ready and on the books banning short-term rentals in the Township. Since then we've raised a dozen different fines throughout the Township and raised the fine amounts and penalties for breaking those laws. There's a number of things we can do and a number of things we already have done and we do and we look at and we consistently go through

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what the rules on the books are and what the rules on the books were made in 1973 or 1997. It doesn't matter we need to go back and we've been going through them making sure they are up to date and making sure that they're a true deterrent to breaking them.

Councilman Sauickie wanted to clarify this forum like Council President mentioned it is a council meeting and we are really here to make and adjust our local ordinances but it is a forum of course for everyone who wants to speak up. One of things we've heard over the last couple of months specifically was we need more coverage for Code Enforcement and it doesn't matter who is breaking the law, laws cannot be broken by anybody, you cannot just choose which ones you want to follow. He just wanted to be loud and clear for the residents hear you loud and clear asked Mr. Wall are we now going to have second shift coverage for code enforcement during the week and weekend coverage? BA Wall replied yes.

KEARY SMITH -69 E CONNECTICUT CONCOURS- Lives directly next door to 71 East Connecticut Concourse she asked Council if there's no CO on that home and it's being inhabited not by a tenant because no one is living there but there's a CO on the front door, are they are being fined? Ms. Smith wanted to know do you get fined daily if you're inhabiting a property with no CO.

Attorney Greg McGuckin said we have requested the court to prohibit any use of the property. The Court has denied that request as of now.

Ms. Smith’s second question was regarding the court and if there is a way to get them into court?

Ms. Smith stated she is getting tired, there are cars parked up and down the street, she couldn't pull out of her driveway the other day and sometimes she cannot pull in her driveway because of people walking that won't allow her to because they are walking to the house.

Ms. Smith stated that 50 men and boys were walking out of that house. She doesn't know what has to be done but something needs to be done.

Attorney Greg McGuckin stated he cannot speak to the Municipal Court summonses because he is not handling those - they are by the Municipal Court. As far as the Superior Court case, they are doing an expedited discovery schedule and we are processing in that regard. He cannot recall the time table but it is an expedited discovery schedule; he wants to say 60 days or so and we should be getting closer.

Ms. Smith stated they did not show up at the last court appearances.

Jeff Purpuro Zoning Officer stated as it pertains to the summons as for 71 East Connecticut Concourse there were two summonses written and were scheduled to go to trial and he has yet to hear from the court when that trial date’s going to be. The 3rd summons was written because he did visit the property and did write a new violation and a new summons was scheduled to be in court. He believes it was September 9th; there was a failure to appear so the court gives a little bit of latitude to a first time summons if they do not appear. It is scheduled to be back in court but he doesn’t have the exact date. No discovery has been requested on the third summons.

As it pertains to the 3 other properties in town that I have summonses on again two of the three that are remaining. He has yet been to have been requested to produce this discovery because he doesn't know what their angle is; when he gets a court date we appear and we try to satisfy and look for compliance.

Councilman Sauickie asked Mr. Purpuro according to that resident it sounds like there's still folks who are still occupying that house is that permitted right now or should they no longer be entering that home.

Jeff Purpuro stated he does not deal with the CO’s, only the land use part and he cannot speak on the CO process - that’s the housing department.

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Councilman Sauickie asked Attorney Greg McGuckin if there is no CO should anyone be occupying the home right now.

Attorney Greg McGuckin stated that the Court has not prohibited them from using the house.

BA Wall stated the part of having the Department heads here is to get the direct information you’re not just translated and you’re able to hear what the status on areas that concern you because a newer area that’s emerging. Is the County appeals process when there’s a fine of x amount of dollars and is hearing anecdotally that the County may be reducing these fines by up to 95 percent.

Brent O'Connor Construction Code Official stated it was brought to his attention that there was construction going on in the home where the house was posted a stop work order and they did not obey. Another stop work order was also posted the fines and penalties are accruing every day. As far as the amount of people living there he does not know and the house does not have a CO from housing from what he understands.

Council President Kern had asked that fines are accruing every day and they are new fines.

Brent O’Connor stated it is $2,000.00 and growing. It is compounded by the first violation and the second violation he does not know the actual figure. Stated they are weekly fined.

Councilman Sauickie noted five days working days so ten thousand dollars a week.

BA Wall stated that these are public meetings item from Jackson on the docket so you can be fully informed about following the process and it’ll give you a sense of challenge in seeking compliance of your local ordinances here in Jackson.

Councilman Sauickie stated there are residents from the Whispering Hills development that have been mentioned over the last couple of meetings; one is 41 Mill Pond and the other one is 16 Short Hills. Asked Brent O'Connor to provide an update on what he did there.

Brent O’Connor stated 41 still has two stop work orders, two violations for not complying with an order their fines and penalties the check was a couple of weeks ago and it’s close to seventy thousand dollars.

Moving forward to 16 Short Hills they also have a penalties in place and we’re still working out the details on that particular property as well because it was just brought up to my attention. Code Enforcement brought to my attention that’s what started the process.

BA Wall stated that Code Enforcement was unable to come tonight but one area that has come up with an area of concern for the public is that contractors are working under a situation with a stop work order. The collaboration of the UCC office, the building construction office and the Police Department to better assist.

Chief Kunz-In terms of these civil and Administrative code matters, Building and Zoning and stuff while it’s not a police matter, we are partnering with building and code where they have to go out and they’re seeing to issue a violations and they can’t identify who the offenders are. A case in point perhaps people working despite a stop work order at a residence can also be cited and not just the homeowner or property owner. Stated that all working in a violation of the stop work orders are cited. This is in consultation with the Business administrator, Township Attorney we’ve determined that we can proceed in this manner as well assisting and making sure building and code making sure that all persons are engaged not just a property owner are cited and we’re hoping that this is going to curb that defiance of the stop work orders. Of course after hours stated he has improved our access to the inspector’s code regardless of the time of day we should get a coherent answer and best way to proceed with any of these enforcement matters. Stated they are partnering more after hours than in the past and we’ll continue to do so.

Brent O’Connor stated that we’ll get a notice to come out from a resident of probably from Code Enforcement and he’ll go out to verify that the work is going on. He’ll call dispatch

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they’ll follow up and come out and then we’ll cite all the contractors on the property that are physically doing the work instead of going after the homeowner. Hopefully this will discourage the contractors from trying to get in. It is also to identify the vehicles and you would know a driver’s registration or license plates, they don’t know how and we can’t write orders against them that’s why we are inviting the Police Department.

Council President Kern stated that if there’s a stop work order on a home with red sticker right on the door and there’s people inside doing work with contractors inside licensed or not doing work at that point every single individual in that home, when you arrive with Police Department, would receive a summons. Mr. O’Connor agreed.

BA Wall asked if that would be the Construction Board of Appeals and Attorney McGuckin said it depends if it’s the construction code official’s order, that would go to the construction board of appeals.

BA Wall stated the multi-jurisdictional issue so folks should feel empowered on whether it’s County level and local level.

Chief Kunz stated this is a much more aggressive posture and going after these violators especially those that are counting to work in defiance of the Township and our ordinances.

Councilman Sauickie asked Attorney Greg McGuckin if there is currently the ability for contractors like we were just discussing who blatantly violate and continue to violate is there ability to ban them from doing business in the Township.

Attorney Greg McGuckin said they’re licensed by the State of New Jersey through their licensing so if it’s a licensed plumber electrician any licensing issues would have to be addressed through the State. Township in no way can enact who’s allowed to do business in town and not for licensed professionals.

JENNIFER CUSINELLI- 14 BLUE SPRUCE DRIVE- Ms. Cusinelli's concern was the homes with stop work orders that have red stickers on them that are inhabitable. Wanted to know what happens if somebody's just going there to worship and not work.

Attorney Greg McGuckin stated stop work order relates to construction work being performed on the property.

Ms. Cusinelli next question was do we know how many people are allowed to inhabit or worship in that home as of now. She said her name was given to a social media site and she is now being harassed.

Attorney Greg McGuckin stated to be in the home it would be a fire code issue. Ms. Cusinelli wanted to know why nothing was being done about the large number of men going in and out of the home. Attorney McGuckin said there's nothing preventing them from worshipping in or out of their home. The number of people in the home is a fire code issue. Council President Kern noted that more collaboration needs to be done so people know who they can call in order to report it properly.

Ms. Cusinelli went on to describe an ordinance in Freehold Township which defines houses of worship and she asked why that isn't something we could do.

SHELDON HOFSTEIN-48 BALTRUSOL DRIVE- Mr. Hofstein wanted to know if Jackson Township would consider having mercantile license. He also suggested the Township create the job of Director of Public Safety. He also asked if the Township is considering to hire an attorney specializing in religious lawsuits and where that stood. Information has been passed to Administration and there is no public update at this time. Fourth, Mr. Hofstein noted that it's Council's job to create the laws and the Mayor's job to enforce them. He asked if Council is implying the Mayor is not doing a good job. Council President responded that if better enforcement could come from an update to the various ordinances, then that is what Council can do.

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Councilman Sauickie questioned Attorney McGuckin on mercantile licensing, and he will check into it.

JONATHAN MYERS- 7 WHISPERING GROVE BLVD- Wanted to know who takes care of the lake in Whispering Grove; stated it is over run with trash, residents are now cleaning the area. He wanted to know who should be taking care of it since the developer is off bond.

Mr. Purpuro, Zoning Officer, stated he would pull the file from tomorrow to determine who is responsible for it. Mr. Purpuro stated his phone number and extension.

ELENOR HANNUM- 7 EVERGREEN COURT- Clarified that the lake is not used as a detention basin and there is a separate detention basin on the property. When the property was under construction, she was opposed to the lake being used as a retention basin because it was an active, live pond. She said it belongs to the town and the town is responsible to keep it a live pond.

HOPE DREW-2 IOWA COURT- Read a statement into the record concerning religious liberties written by Marcy Hamilton. She feels we need a Ruilupa attorney. She described the situation in her neighborhood concerning houses of worship, traffic, eruvs and the lack of standards for the eruvs. People are moving out and that is upsetting to her. She referenced a court case from Mahwah. She described the religious boundary in her neighborhood. She is calling for no supplemental eruv wires to be erected within an already created boundary neighborhood.

RICHARD CIULLO- 215 GRANT AVENUE SEASIDE HTS. - He asked for clarification as to whether there were erv construction standards and was told it is currently under consideration. Second, he asked if specific hours for code enforcement could be set up and so far that hasn't been done. BA Wall stated the goal is to have the second shift and weekends covered and a revised process with the police department. We are following leads as they come, not targeting any specific party. The blended time frames with part time and full time code enforcers will cover all time periods. We are actively recruiting competent employees and feels there will be ample coverage moving forward. Mr. Ciullo was wondering about the time after close of business, after 5 p.m. and Mr. Wall wanted to review staffing prior to announcing shifts for Code Enforcement, but all of his comments as well as the residents prior would be taken under consideration.

JASON GLUSKO – 24 ELANA DRIVE – He received a certified letter concerning an application to the DEP for three school buildings with 520 parking spaces and he asked how that is inherently beneficial, considering that it is zoned R-3. He is immediately adjacent to this site. He described the noise and light pollution that would occur and that he didn’t want to have to move. He stated that his property values would go down and he hoped it wouldn’t come true, because it’ll be heartbreaking.

ELENOR HANNUM- 7 EVERGREEN COURT- Stated she built her home and cited all of the permits and estimates she needed in the process. She was concerned with septic tanks being constructed according to the number of bedrooms, and now with the school being constructed, it will have a high powered septic system backing up to all the residents' wells. She spoke of the capacity of a home on Short Hills Boulevard with all the people coming and going every week from the home, calling it a bed and breakfast. It is a business, and the home is on a septic system built specifically for that house. No one from the Township or the Health Department could give her an answer on whether the septic is adequate for the use in the home. She wanted to know what Council was going to do to save the drinking water and the Barnegat Bay. Council President confirmed the Council's commitment to preserving the environment throughout the town and have tried to purchase numerous properties throughout the town. The township can only pay fair market or appraised value for vacant land. He said the idea is to protect those headwaters she is talking about. Ms. Hannum has no confidence in the County and the commissioners are selling us out. She asked who is on the fair share housing committee. Council President said we are working with the attorney but no commission has been set up for 2025 yet. She wanted to know how the residents of the township would be involved in the next fair share housing plan. She is concerned about the size of the school project on a septic system.

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She cited a time that she called the County Health Department concerning a large gathering during COVID and asked for a call back, but did not receive one. She cited no confidence in the County, saying this is how the residents are treated.

ANTHONY BAIER-4 OVERLOOK DRIVE- Asked for a list of concerns that were brought forward tonight so they in the audience could see that they have been heard.

50 year RESIDENT OF BROOKWOOD FOUR – Lives on Atlanta Drive and is bothered by people wanting her to sell her house to them but she isn’t ready yet. She gets mail, they don’t knock on her door but she doesn’t want them to call her. House phone numbers are easy to obtain. She is uneasy that they will know if anyone lives with her. She said it is a good Township, and she hopes it stays that way.

JENNIFER CUSINELLI- 14 BLUE SPRUCE DRIVE- Wanted to ask if standard procedure was in place for permits for ervs to be put on telephone poles. She called Code Enforcement and received a return phone call from the police department, who told her that was none of her concern. BA Wall said he would investigate that and gave his extension, adding that if there are any other concerns, to call that number and he would look into it.

KEN ESPOSITO-401 LEESVILLE ROAD – He and his neighbors are concerned about the potential school going in their area. He is concerned about the ground water on a school that will be larger than our high school. He is concerned about the septic system for it and his own septic and well. He lives downhill from the proposed school. He is concerned about the amount of traffic and speeding. He wanted council to consider secondary and further impacts in addition to the primary impacts. He asked who is protecting him?

ELAINE KOWALSKI- 322 DIAMOND ROAD - She is also concerned about the potential school. She asked for clarification if fair market value was an offer on this property. Council Vice President clarified that we can’t go over appraised value in order to buy a property. We did have an agreement to purchase the property from the property owner, but the property owner backed out. The township was very actively trying to purchase that farm. She was wondering if the appraised value was something the homeowners could use to pitch in and buy it themselves. If we bought it, it was supposed to remain as it is. Open space. BA Wall said the township was very very actively trying to purchase the land, we had an agreement and shook hands on it. That meant something to him, as he was raised, and then the deal changed. Council President added that is why we are trying to actively search for and preserve other land and the resources. Ms. Kowalski agreed with her neighbors that this is not an inherently beneficial use to the Township.

MOTION TO CLOSE PUBLIC COMMENT ON ANY TOPIC BY: SAUICKIE MOTION SECONDED BY: FLEMMING YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABESNT: CHISHOLM

MOTION TO ADJOURN BY: FLEMMING MOTION SECONDED BY: SAUICKIE YES: BORRELLI, SAUICKIE, FLEMMING, KERN ABESNT: CHISHOLM

10:24 P.M.

RESPECTFULLY SUBMITTED,

COUNCIL PRESIDENT KERN

JANICE KISTY, R.M.C. TOWNSHIP CLERK

JK/je