Upper Freehold Township Committee Regular Meeting February 4, 2016

1"The Heartland of New Jersey"

TOWNSHIP OF UPPER FREEHOLD

TOWNSHIP COMMITTEE

REGULAR MEETING

FEBRUARY 4, 2016

Mayor Moslowski called the meeting to order at 6:03 p.m. and requested the Clerk to call the roll. The following Committee Members were present: Stephen J. Alexander, Robert Faber, 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, and Matthew Kalwinsky, Esq.

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 Asbury Park Press on January 14, 2016 posting the notice on the Board in the Upper Freehold Township Municipal Building and filing a copy of said notice with the Municipal Clerk.

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.

Municipal Court – December 2015
Resolution Adopting Annual Report of Zoning Board on its findings on Zoning Ordinance Provisions Pursuant to N.J.S.A. 40:55D-70.1
Construction Department – January 2016
Treasurer’s Report – December 2015

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.

Land Conservation Rally – March 18, 2016
Adoption of a Resolution from Monmouth County Agriculture Development Board regarding the Proposed New Jersey Natural Gas Southern Reliability Link
Monmouth County Board of Chosen Freeholders – Seminar for Elected Officials – copy attached
Monmouth County Board of Chosen Freeholders – Adoption of a Resolution Authorizing Acquisition of Right-of-Way for Intersection Improvement’s at County Route 28 (Old York Road/South Main Street) and Ellisdale Road/New Road, in the Township of Upper Freehold and Borough of Allentown

RESOLUTION68-16A RESOLUTION AUTHORIZING PAYMENT OF BILLS

The following Resolution was offered by Mr. Alexander, moved and seconded by Ms. Mount.

BE IT RESOLVED, that the following bills, properly certified be the Chief Financial
Officer, be paid:
Current Fund / $2,925,236.47
Capital General Fund / 806.94
Coah Trust Fund / 2,571.44
Developer Escrow Fund / 2,425.69
Dog Trust Fund / $960.00
Municipal Drug Alliance Trust Fund / $234.38
Open Space Trust Fund / $7,270.55
Public Defender Trust Fund / $0.00
Recreation Trust Fund / $5,083.43
Total / $2,944,588.90

This Resolution was approved by the following vote: Mr. Alexander, aye Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye (except T&M).

Mr. Alexander stepped down from the dias.

RESOLUTION 69-16A RESOLUTION GRANTING A RAFFLE LICENSE TO

THE KNIGHTS OF COLUMBUS COUNCIL #7333

The following Resolution was offered by Dr. Frascella, moved and seconded by Ms. Mount.

BE IT RESOLVED, that Raffle License #RL 311-16 be granted to the Knights of Columbus Council#7333 for an Off-Premises Merchandise Raffle, to be held at the St. John’s Catholic Church, Yardville-Allentown Road, Upper Freehold Township on May 8, 2016.

This Resolution was approved by the following vote: Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye

Mr. Alexander returned to the dias.

CONSENT AGENDA

WHEREAS, the following resolutions having heretofore been placed on this agenda require no discussion and same having been previously reviewed by the members of the Township Committee be and are hereby adopted. The following Consent Agenda was offered by Mr. Alexander moved and seconded by Ms. Mount.

resolution 70-16 a resolution authorizing the county of monmouth mosquito control division to conduct aerial mosquito control operations within upper freehold township

WHEREAS, the Monmouth County Board of Chosen Freeholders, pursuant to N.J.S.A. 26:9-27 et seq. has elected through its Mosquito Control Division to perform all acts necessary for the elimination of mosquito breeding areas and/or to exterminate mosquitos within the county; and

WHEREAS, the County has instituted an Integrated Pest Management Program consisting of surveillance, water management, biological control, and chemical control to exterminate the mosquito population with the County of Monmouth; and,

WHEREAS, prior to conducting aerial dispensing operations over a designated “congested area,” the County is required, pursuant to Federal Aviation Administration Regulation (FAR Part 137.51), to secure prior written approval from the governing body of the political subdivision over which the aircraft is to be operated; and,

WHEREAS, the Township of Upper Freehold is designated as a “congested area” by the Federal Aviation Administration and the County has requested that this governing body consent to its proposal aerial dispensing operations.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

The Governing Body hereby authorized the County of Monmouth Mosquito Control Division of its agent to apply pesticides by aircraft for mosquito control in certain areas of the municipality designated by the County as being either larval mosquito habitat or areas harboring high populations of mosquitoes constituting either a nuisance, a health hazard, or both with the understanding that:

The County shall utilize pesticides, application equipment and aircraft that are approved for aerial applications by the applicable Federal (USEPA) and State (NJDEP) agencies, and
Such operations will be performed in compliance with applicable Federal and State regulations, and
The County will notify the police department of each municipality over which aerial pesticide operations are planned prior to commencement of such operations.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the State Police and the Mosquito Commission.

RESOLUTION 71-16 A RESOLUTION GRANTING A RAFFLE LICENSE TO THE HORSE PARK OF nj AT STONE TAVERN

BE IT RESOLVED, that Raffle License #RL 312-16 be granted to the Horse Park of NJ at Stone Tavern for an Off-Premises Merchandise Raffle, to be held at the Horse Park of NJ,626 Route 524, Upper Freehold Township on September 24, 2016.

resolution72-16 a RESOLUTION for deferred school taxes

WHEREAS, regulations provide for the deferral of not more than 50% of the annual levy when school taxes are raised for a school year and have not been requisitioned by the school district, and

WHEREAS, the Division of Local Government Services requires that a resolution be adopted by a majority of the governing body prior to the introduction of the annual budget of the year subsequent to the deferral, authorizing an increase in the amount of the deferral, and

WHEREAS, it is the desire of the Township Committee of the Township of Upper Freehold, County of Monmouth to increase the amount of the regional school deferred taxes by $406,674.56.

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of Upper Freehold, that the amount of deferred regional school taxes be increased from $10,328,698.70 to $10,735,373.26.

RESOLUTION 73-16 A RESOLUTION authorizing release of a portion of a cash bond in connection with the perretti subdivision approvals –papp, block 29, lot 2.13

WHEREAS, as a requirement of the Perretti Final Major Subdivision, Planning Board Application 99-19, that the owner of each lot, at the time of the issuance of a construction permit shall bond said work for the Trees in an amount of $9,000 which is in accordance with the recommendation of the Planning Board Engineer; and,

WHEREAS, owners of Block 29, Lot 2.13 submitted a cash bond in the amount of $9,000 pursuant to the requirement detailed herein; and,

WHEREAS, the Township Engineer has reported in his letter dated December 18, 2015 that the required trees have been planted and found acceptable; and,

WHEREAS, the Township Committee feels that the requirement for the maintenance guarantee under Municipal Land Use Law would apply to this improvement and the Township Engineer has concurred.

NOW THEREFORE BE IT RESOLVED, that the Township Committee of Upper Freehold Township does hereby authorize the Chief Financial Officer to retain a portion of the cash bond in the amount of $1,350.00 to serve as a two (2) year maintenance guarantee which may be released December 18, 2017 and to refund the balance of the funds deposited as a cash bond posted by Allen N. Papp owner of Block 29, Lot 2.13 provided that all fees due and owing to the Municipality and/or Township Professionals are paid in full.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chief Financial Officer, Planning Board, Construction Official, and Township Engineer.

This Consent Agenda was approved by the following vote: Mr. Alexander, aye; Mr. Faber, abtain; Dr. Frascella, aye; Ms. Mount, aye and Mayor Moslowski Jr. aye.

ORDINANCE 274-16 – INTRODUCTION

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.

The following ordinance was offered by Dr. Frascella, moved and seconded by Ms. Mount.

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.

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 was approved by the following vote: Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

The Public Hearing will be held on March 3, 2016 at 7:00 p.m.

ORDINANCE 275-16 – INTRODUCTION

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

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

The following ordinance was offered by Dr. Frascella, moved and seconded by Ms. Mount.

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,