1 the Heartland of New Jersey

1"The Heartland of New Jersey"

TOWNSHIP OF UPPER FREEHOLD

TOWNSHIP COMMITTEE

REGULAR MEETING

MARCH 3, 2016

Mayor Moslowski called the meeting to order at 7:10 p.m. and requested the Clerk to call the roll. The following Committee Members were present: Mr. Robert Faber, Dr. Robert A. Frascella, Ms. LoriSue H. Mount and Mayor Moslowski Jr. Also present at the dais: Dana L. Tyler, Municipal Clerk, Dianne Kelly, CFO/Administrator, Dennis A. Collins Esq. Township Attorney. Absent Stephen J. Alexander.

Following the Flag Salute, the Clerk announced that the Notice requirements of R.S. 10:4-18 for an "Annual Notice" had been satisfied by the publication of the required advertisement in the Asbury Park Press and the Messenger Press January 15, 2015 posting the notice on the Board in the Upper Freehold Township Municipal Building and filing a copy of said notice with the Municipal Clerk.

PRESENTATION - Matthew Clark, Monmouth County Tax Board Administrator

REPORTS: Committee Liaisons will each provide reports on their respective departments, monthlyreports prepared by Department Heads, listed herein, are on file in the office of the Municipal Clerk.

Annual Statement of Receipts Balance as of 12/31/2015
Construction Department – February 2016

CORRESPONDENCE: The following correspondence has been received and is on file in the office of the Municipal Clerk. These items will be kept at the counter for review for the next week.

Ocean Monmouth Health Alliance – March is Colon Cancer Awareness Month
Monmouth County Clerk’s Office offers Veterans’ Discount Cards for veterans living in Monmouth County – copy attached
PSE&G – Petition of Public Service Electric and Gas Company to Modify its Manufactured Gas Plant Remediation Component within its Electric Societal Benefits Charge and its Gas SBO during the Remediation Adjustment Charge 23 Period - posted

Land Use Notices:

State of NJ, Department of Environmental Protection – Blocks 27 & 14 Lots 27 & 15 Wetlands Letter of Interpretation: Line Verification-Salter’s Mill, NHR, LLC c/o Michael McCloskey, 33 & 35 Davis Station Road
PSE&G – Freshwater Wetlands Statewide General Permit #1 Application - NJDEP Division of Land Use Regulation Program Application submitted by Public Service Electric and Gas Company (PSE&G) in Support of Repair, Replacement and Maintenance of Natural Gas Distribution and Transmission Mains in Public Rights-of-Way

ORDINANCE 274-16 – PUBLIC HEARING

BOND ORDINANCE PROVIDING FOR ROAD IMPROVEMENTS TO DAVIS STATION ROAD IN AND BY THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY, APPROPRIATING $445,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $422,750 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 274-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Dr. Frascella to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

BE IT ORDAINED BY THE TOWNSHIPCOMMITTEE OF THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1.The improvement described in Section 3(a) of this bond ordinance is hereby authorized to be undertaken by the Township of Upper Freehold, in the County of Monmouth, New Jersey (the "Township") as a general improvement. For the improvement or purpose described in Section 3(a), there is hereby appropriated the sum of $445,000, including the sum of $22,250 as the down payment required by the Local Bond Law. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.

Section 2.In order to finance the cost of the improvement or purpose not covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $422,750 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, 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 improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is road improvements to Davis Station Road,including all work and materials necessary therefor and incidental thereto.

(b) The estimated maximum amount of bonds or bond anticipation notes to be issued for the improvement or purpose is as stated in Section 2 hereof.

Section 4.All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no bond anticipation note shall mature later than one year from its date. The bond anticipation notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with bond anticipation notes issued pursuant to this bond ordinance, and the chief financial officer's signature upon the bond anticipation notes shall be conclusive evidence as to all such determinations. All bond anticipation notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the bond anticipation 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 the bond anticipation notes pursuant to this bond ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 5.The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of theTownshipis hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.

Section 6.The following additional matters are hereby determined, declared, recited and stated:

(a)The improvement or purpose described in Section 3(a) of this bond ordinance is not a current expense. It is an improvement or purpose 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 benefitted thereby.

(b)The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 10 years.

(c)The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the 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 $422,750, and the obligations authorized herein will be within all debt limitations prescribed by the Local Bond Law.

(d)An aggregate amount not exceeding $25,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement.

Section 7.The Townshiphereby declares the intent of the Townshipto issue bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinanceand to use the proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3(a) of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations.

Section 8.Any grant moneys received for the purpose described in Section 3(a) hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this bond ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.

Section 9.The chief financial officer of the Township is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

Section 10.The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount.

Section 11.This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Upper Freehold Township Committee Regular Meeting March 3, 2016

Ordinance 274-16 was offered for adoption on second reading by Mr. Alexander, moved and seconded by Dr. Frascella. This Ordinance was adopted by the following vote Mr. Faber, aye; Dr. Frascella, aye; Ms. Mount, aye and Mayor. Moslowski Jr., aye.

ORDINANCE 275-16 – PUBLIC HEARING

CALENDAR YEAR 2016 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A:4-45.14)

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 275-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Dr. Frascella to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

WHEREAS, the Local Government Cap Law, N.J.S. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 0.0% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A;4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Mayor and members of Township Committee of the Township of Upper Freehold in the County of Monmouth finds it advisable and necessary to increase its CY 2016 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Mayor and members of Township Committee hereby determines that a 3.5% increase in the budget for said year, amounting to $84,870.28 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS, the Mayor and members of Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to the final appropriation in either of the next two succeeding years;

NOW THEREFORE BE IT ORDAINED, by the Mayor and members of Township Committee of the Township of Upper Freehold, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2016 budget year, the final appropriations of the Township of Upper Freehold shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $84,870.28, and that the CY 2016 municipal budget for the Township of Upper Freehold be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.

If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.

This Ordinance shall take effect immediately upon its passage and publication according to law.

Ordinance 275-16 was offered for adoption on second reading by Ms. Mount, moved and seconded by Dr. Frascella. This Ordinance was adopted by the following vote Mr. Faber, aye; Dr. Frascella, aye; Ms. Mount, aye and Mayor. Moslowski Jr., aye.

ORDINANCE 276-16 – PUBLIC HEARING

AN ORDINANCE AMENDING CHAPTER XIV (FIRE PREVENTION) SECTION 14-5 (ADDITIONAL REQUIRED INSPECTIONS AND FEES) OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER FREEHOLD.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 276-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Dr. Frascella to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

BE IT ORDAINED by the Mayor and Township Committee of the Township of Upper Freehold, County of Monmouth, and State of New Jersey that Chapter XIV (Fire Prevention) Section 14-5 (Additional Required Inspections and Fees) of the Revised General Ordinances of the Township of Upper Freehold be and are hereby amended or supplemented as follows:

PURPOSE

The purpose of this ordinance is to modify certain fees for certain inspections.

Chapter XIV (Fire Prevention) Section 14-5 (Additional Required Inspections and Fees)) of the General Ordinances of the Township of Upper Freehold be and are hereby amended or supplemented as follows (new text is double underlined, text to be deleted is struck through and notations to the reader and changes in subparagraph designations either with or without changes to content are italicized):

SECTION 1

14-5 ADDITIONAL REQUIRED INSPECTIONS AND FEES.

a.In addition to the fees and inspections of life hazard uses pursuant to the New Jersey Uniform Fire Code, the additional inspections and fees relative to the non-life hazards as set forth below shall be required annually. Fees shall be billed out in January and due no later than sixty (60) days from the issuance of the bill, with a late charge of one-half (1/2) of the original fee.

b.Any and all business, commercial, retail, or other premises to which the public is invited, for which provision is not made for a permit under the Uniform Fire Code, shall be inspected at least once every three (3) yearson annual basis. Annual registration fees charged for inspections conducted pursuant to this section, paragraphs a. and b.shall be:

Class A: Up to 3,000 square feet...... $ 50.00

Class B: 3,001 to 5,000 square feet...... 170.00

Class C: 5,001 to 10,000 square feet...... 330.00

Class D: More than 10,000 square feet...... 500.00

Class E: Multifamily units, per dwelling unit...... 40.00

Minimum charge...... 40.00

Assembly Use Group

A-1 Eating Establishment under 50 persons $50

A-2 Take out Service (no seating) $50

A-3 House of Worship not used exclusively N/C

For religious purposes

A-4 Recreational centers multipurpose $50

(fewer than 50 persons)

A-5 Court Rooms, library, Condo center $50

Fraternal organizations fewer than 50

A-6 Senior centers (fewer than 50 persons) $50

Business Use Group

B-1 Professional use 1&2 Stories(less than $50

5000sq ft)

B-2 1 & 2 story (more than 5000sqft and $75

Less than 12,000 sqft)

B-3 1 & 2 story (more than 12,000 sqft) $100

B-4 3 to 5 story (less than 5000 sqft) $100

B-5 3 to 5 story (more than 5000 sqft $150

less than 12,000 sqft)

B-6 3 to 5 story (more than 12,000 sqft) $150

Retail/Mercantile Use Group

M-1 1&2 Stories(less than 5000sq ft) $125

M-2 1 & 2 story (more than 5000sqft and $150

Less than 12,000 sqft)

M-3 3 to 5 story (less than 5000 sqft) $200

M-4 3 to 5 story (more than 5000 sqft $225

less than 12,000 sqft)

Manufacturing/Factory Use Group

F-1 1&2 Stories(less than 5000sq ft) $100

F-2 1 & 2 story (more than 5000sqft and $125