Upper Freehold Township Committee Regular Meeting September 3, 2015

Upper Freehold Township Committee Regular Meeting September 3, 2015

1"The Heartland of New Jersey"

TOWNSHIP OF UPPER FREEHOLD

TOWNSHIP COMMITTEE

REGULAR MEETING

SEPTEMBER 3, 2015

Mayor Moslowski Jr. called the meeting to order at 7:03 p.m. and requested the Clerk to call the roll. The following Committee Members were present: Robert Faber, Dr. Robert A. Frascella, and Mayor Stanley Moslowski Jr. Also present at the dais: Dana L. Tyler, Municipal Clerk, Dianne Kelly, CFO/Administrator and Dennis A. Collins, Township Attorney, Esq. Absent: Stephen J. Alexander, LoriSue H. Mount

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.

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 Report – July 2015
• Tax Collector’s Report – June & July 2015
• Construction Report – August 2015
• Treasurer Report – July 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.

• State of NJ, Department of Transportation – Applications will now be accepted for the NJ Department of Transportation’s FY 2016 State Aid Programs.
• The Monmouth County Historical Commission – Historic Preservation Grant Program
• Ocean-Monmouth Health Alliance – Chronic Disease Prevention Coalition funded by the Office of Cancer Control and Prevention/Getting to know your risks for ovarian cancer
• PSE&G – Notice of Filing and Public Hearings for Basic Generation Service on September 18, 2015 – Middlesex County 1:00 pm

Land Use Notices:

• NJ Department of Environmental Protection – Deficiency Response, Letter of Interpretation, Regulatory Line Verification Transition Area Averaging Plan and Flood Hazard Verification for Upper Freehold Solar LLC c/o David Krupp Blk 22.01, Lot 12.01-County Route 524 & Sharon Station Road
• NJ Department of Environmental Protection -Fresh Wetlands of Interpretation - W&B Riding Club at Assunpink WNA – 110 Imlaystown-Hightstown Rd. Blk 9, Lot 3.01/ No regulated activities, just establishing where regulated wetlands are found on the property

Land Use Notices – Other Municipalities-

• Jackson Township – Ordinance 20-15 an ordinance of the Township of Jackson, county of Ocean, State of New Jersey, amending Ordinance 01-15 and amending and supplementing Chapter 244 of the Township Code of the Township of Jackson, Entitled “Land Use and Development Regulations.

ORDINANCE 272-15 – PUBLIC HEARING

SALARY ORDINANCE AMENDING ORDINANCE 264-14 CREATING POSITIONS FOR FIRE SUPERINTENDENT AND FIRE OFFICIAL AND SETTING SALARY RANGES THEREFORE IN THE TOWNSHIP OF UPPER FREEHOLD, COUNTY OF MONMOUTH, STATE OF NEW JERSEY

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 272-15. There being no comments from the Public a motion was offered by Dr. Frascella, moved and seconded by Mr. Faber to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

Ordinance 272-15 was offered for adoption on second reading by Dr. Frascella, moved and seconded by Mr. Faber. This Ordinance was adopted by the following vote: Dr. Frascella, aye Mr. Faber, aye; and Mayor Moslowski Jr., aye.

ORDINANCE 273-15 – PUBLIC HEARING

AN ORDINANCE ESTABLISHING THE POSITION OF
FIRE SUPERINTENDENT

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 273-15. There being no comments from the Public a motion was offered by Dr. Frascella, moved and seconded by Mr. Faber to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

Ordinance 273-15 was offered for adoption on second reading by Dr. Frascella, moved and seconded by Mr. Faber. This Ordinance was adopted by the following vote: Dr. Frascella, aye Mr. Faber, aye; and Mayor Moslowski Jr., aye.

RESOLUTION145-15A RESOLUTION AUTHORIZING PAYMENT OF BILLS

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

BE IT RESOLVED, that the following bills, properly certified be the Chief Financial
Officer, be paid:
Current Fund / $1,994,932.47
Capital General Fund / 1,262.88
Coah Trust Fund / 21,220.93
Developer Escrow Fund / 7,564.27
Dog Trust Fund / $653.20
Municipal Drug Alliance Trust Fund / $468.76
Open Space Trust Fund / $15,778.05
Public Defender Trust Fund / $225.00
Recreation Trust Fund / $16,051.37
Total / $2,058,156.93

This Resolution was approved by the following vote: Dr. Frascella, aye; Mrs. Mount, aye; and Mayor Moslowski Jr., aye (exec T&M). Mr. Faber asked about the bill for tires and the electric bill at Byrton Johnson Park. Mayor Moslowski Jr. also requested clarification on the electric bill.

RESOLUTION 146-15 A RESOLUTIONFOR PROJECT COMPLETION – Closing Statement REED RECREATION PARK

The following Resolution was offered by Dr. Frascella, moved and seconded by Mr. Faber.

WHEREAS, the Monmouth County Board of Chosen Freeholders has approved an Open Space Trust Fund and established a Municipal Open Space Program to provide Program Grant funds in connection with municipal acquisition of lands for County park, recreation, conservation and farmland preservation purposes, as well as for County recreation and conservation development and maintenance purposes; and

WHEREAS, the Township of Upper Freehold entered into a Municipal Open Space Program Grant Agreement with the County of Monmouth on May 12, 2012 that provided $250,000.00 for Improvements to the Reed Recreation Complex under Application No. 11-06 that required certain conditions be met by the Township of Upper Freehold prior to receipt of the aforesaid funds; and

WHEREAS, the Monmouth County Park System requires a certified copy of a resolution of the governing body determining that the project aforesaid was finally complete and a closing statement of “Final Change Order” adopted by the governing body.

NOW, THEREFORE, BE IT RESOLVED by the governing body of Upper Freehold Township that all conditions of the on May 12, 2012, Grant Agreement have been satisfied by the Township of Upper Freehold and that the project has been completed; and

(DEVELEOPMENT PROJECTS)

BE IT FURTHER RESOLVED that the Township of Upper Freehold made final payment to the contractor Compass Construction per the letter of the Township engineer Patrick J. Jeffery of May16, 2014 [Attached] and that payment was made per voucher [Attached] on July 10, 2014 under check no. 005052, which are hereby attached and also on file in the Municipal Clerk’s Office.

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

RESOLUTION 147-15 A RESOLUTION AUTHORIZING THE RENEWAL OF THE FARMLAND LEASE ON BLOCK 37/LOT 5 IN UPPER FREEHOLD TOWNSHIP

The following Resolution was offered by Dr. Frascella, moved and seconded by Mr. Faber.

WHEREAS, Upper Freehold Township presently has a lease agreement with Holmes Brothers LLC for Block 37/Lot 5 consisting of 9.7+which will expire on December 31, 2015, and;

WHEREAS, the current lease provides for the Township Committee of Upper Freehold Township to authorize the renewal of the current lease, or any part thereof, for a specific time and/or until the township is prepared to develop these properties for recreational or other purposes, and;

WHEREAS, the Township finds it in the best interest of the taxpayers to renew the lease through the 2016 and 2017 growing season ending December 31, 2017, and;

NOW, THEREFORE, BE IT RESOLVED that the Township Committee of Upper Freehold township does hereby authorize the renewal of the lease for two years between the Township of Upper Freehold & Holmes Brother LLC for the property known as Block 37/Lot 5 consisting of 9.7+ acres; the rent for the period of the lease shall be $751.33 for each year.

BE IT FURTHER RESOLVED that the said lease shall be for a period of two years beginning January 1, 2016 and ending on December 31, 2017 or until the Township is ready to use this property for municipal purposes pursuant to the provisions of the lease agreement.

BE IT FURTHER RESOLVED that a certified copy of the resolution be forwarded to the Township Administrator/Chief Financial Officer.

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

RESOLUTION 148-15 A RESOLUTION AUTHORIZING THE MAYOR AND CLERK TO SIGN AN AGREEMENT FOR THE HOME IMPROVEMENT PROGRAM

The following Resolution was offered by Dr. Frascella, moved and seconded by Mr. Faber.

BE IT RESOLVED that the Mayor and Clerk be and are hereby authorized to execute an agreement between Upper Freehold Township, Monmouth County and the residence of Curtis Macysyn, 114 Route 526, Allentown, NJ 08501, to participate in the Upper Freehold Improvement Program for a housing rehabilitation program.

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

PRIVILEGE OF PUBLIC:

Allison Stewart – 164 Burligton Path Rd. – Lives next to an abandoned house and would like the Township Committee to consider passing an Ordinance that requires some kind of property/building maintenance to protect the community. Mrs. Stewart feels as though it is a dangerous circumstance for fire fighters and it is prone to vandalism and arson.

Michael Stewart – 164 Burlington Path Rd. – Asked the Township Attorney Collins if he went to the abandoned property and picked up trash, would it be considered trespassing. Township Attorney Collins stated he wouldn’t be able to provide him legal advice.

Eric Griggs – Upper Freehold Township Uniform Firefighters - Stated that he was happy to see the Ordinance passed and we are moving in the right direction. However how is the firefighter position being filled?

Township Attorney, Collins suggested that the TownshipCommittee doesn’t answer, when the decision has been Mr. Griggs will be advised.

Mr. Murphy – 58 Chambers Rd. Mr. Murphy has a resolution that the Township Committee has passed with regard to him obtaining access to his property that he can do nothing with. Will the Township Committee consider some kind of a refund of money? How would the Township Committee like to move forward with the circumstances?

PRIVILEGE OF COMMITTEE:

Committeeman Faber – Thinks the Township should start looking at properties, some are deteriorating. The Township needs to try to enforce. Preserved farms need to be mowed, so should abandoned properties.

Committeeman Frascella – no Comment

Mayor Moslowski Jr - It’s a shame these abandoned and deteriorating houses reflect bad on our town. However we are not as bad as some towns. Hopefully we can take care of somehow.

TOWNSHIP ATTORNEY READS RESOLUTION FOR TOWNSHIP COMMITTEE TO ADJOURN TO EXECUTIVE SESSION:

The following Resolution was offered by Mr. Faber, moved and seconded by Dr. Frascella.

BE IT RESOLVED that the following portion of this meeting dealing with the following generally described matters shall not be open to the public:

BE IT FURTHER RESOLVED that it is anticipated that the matters to be considered in private may be disclosed to the Public at a later date under the following circumstance.

BE IT FURTHER RESOLVED that private consideration is deemed required and is permitted because of the following noted exceptions set forth in the Act:

______1. Rendered confidential by Federal law or that if disclosed would impair receipt of Federal funds.

______2. Rendered confidential by State Statute or Court Rule.

______3. Would constitute an unwarranted invasion of individual privacy.

______4. Deals with collective bargaining, including negotiation positions.

______5. Deals with purchase, lease or acquisition of real property with public funds.

______6. Related to setting of bank rates or the investment of public funds and disclosure could adversely affect the public interest.

______7. Related to tactics and techniques utilized in protecting the safety and property of the public and disclosure may adversely affect the public.

______8. Related to investigation of violations or possible violations of the law.

______9. Related to pending/anticipated litigation or contract negotiations in which the public body is or may be a party.

______10. Falls within the attorney-client privilege and confidentiality is required.

______11. Deals with personnel matters of public employees and employee has not requested that the matter be made public.

______12. Quasi-judicial deliberations after public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit.

RETURN TO OPEN SESSION:

Upon returning to Open Session, the Mayor directed the Clerk to call the roll. All were present as previously called.

MOTION TO ADJOURN: There being no additional business, a motion was offered by Mr. Faber, moved and seconded by Dr. Frascella, that this meeting be adjourned at 9:01. The motion was approved by the following vote: Dr. Frascella, aye; Mr. Faber, aye and MayorMoslowski Jr. aye.

______

Dana L. Tyler, RMC

Municipal Clerk

Note: In addition to matters listed on this agenda the Township Committee, the executive and legislative body of the Township of Upper Freehold may take any action in the form of a motion on other business as may be deemed necessary.