TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE

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1 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June AGENDA ITEM NUMBER

2 Mr(s). offered the following Resolution for adoption seconded by Mr(s). Resolution No. R RESOLUTION AUTHORIZING THE RENEWAL OF 2013/2014 ALCOHOLIC BEVERAGE CONTROL LICENSES IN HOWELL TOWNSHIP WHEREAS, the following persons have made proper application for the renewing of their respective liquor licenses for the fiscal year 20 13/20 14: Howell BPO Elks #25 15 Inc. t/a Howell Elks 84 Ramtown-Greenville Road Howell, NJ Lakewood Maennerchor, Inc. t/a Lakewood Maennerchor, Inc. 90 Lanes Mill Road Howell, NJ New Jersey Latvian Society Inc. t/a New Jersey Latvian Society Inc State Highway 33 Freehold, NJ Adelphia 72 Corp t/a Lorenzo's Restaurant 72 Adelphia Road Farmingdale, NJ Apple Food Service of Howell t/a Applebee's Neighborhood Grill 4721 Route 9 North Howell, NJ Guru Management Inc. t/a Scooter's Family Restaurant 6782 Highway 9 South Howell, NJ

3 Page 2 ABC ROB2 199, LLC t/a Tom's Tavern 85 Asbury Road Farrningdale, NJ Ruby Tuesday, Inc. t/a Ruby Tuesday Route 9 North Howell, NJ Good Time Ventures t/a Ivy League 5 East 3rd Street & Route 9 N Howell, NJ Route 33 Associates, LLC t/a The Cabin 984 Highway 33 E. Freehold, NJ Monoprise, Inc. t/a Howell Lanes Club Highway 9 South Howell, NJ Southside Cuisine, Inc. t/a Chapter House 1454 Highway 9 Howell, NJ JD&JD1213,LLC t/a Season's Coal Fired Pizza & Bistro 2200 Highway 9 South Howell, NJ

4 Page 3 ABC The Doherty Group t/a Carino's Italian Grill Highway 9 Howell, NJ JD&L Inc t/a Mulligan's 203 Squankum Road Farmingdale, NJ Brookwood Bay Beverage Co. t/a Rivoli's Grill and Chill 8 Ramtown-Greenville Road Howell, NJ Par Golf Group LLC t/a Eagle Oaks Golf Club 20 Shore Oaks Drive Farmingdale, NJ Rare Hospitality Intl Inc t/a Longhorn Steakhouse Route 9 Howell, NJ However, Inc. t/a Spirits Unlimited 4071 Highway 9 Howell, NJ Stakul Spirit Shop, Inc. t/a K. Liquor Route 9 South Howell, NJ Monipa Enterprises, Inc. t/a Italian Delights & Spirits 226 Adelphia Road Farmingdale, NJ 07727

5 Page 4 ABC L'Chayim Liquors Inc. t/a Wine on the Route 9 Howell, NJ SmileHi LLC. t/a Ramtown Wine & Liquors 15 1 Newtons Corner Road Howell, NJ Rishrik LLC t/a Howell Buy Rite Route 9 South Howell, NJ WHEREAS, all applications appear to have been properly made and accompanied by the required license fees; and WHEREAS, no written objections have been made or received against the issuance of any license and this Council has no knowledge of any legal reason for the non-issuance of any license applied for; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell that the licenses be granted and the Township Clerk is hereby directed to issue the licenses to the applicants for the premises for which application has been made, with special conditions, if any, as hereinabove cited. VOTE: Mr. Guz Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Gotto AYES NAYS ABSTAIN ABSENT This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at their Regular Meeting held by that body on June 18,2013. PENNY A. WOLLMAN, TOWNSHIP CLERK

6 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

7 Mr. offered the following Resolution for adoption seconded by Mr. Resolution No: R RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING EXECUTION OF AN INTERLOCAL SERVICE AGREEMENT BETWEEN THE TOWNSHIP OF HOWELL AND THE TOWNSHIP OF MARLBORO FOR THE USE OF THE HOWELL TOWNSHIP FIREARMS RANGE WHEREAS, Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq., (the "Act") permits units of local government to share services for a particular purposes and to effectuate agreements for any service or circumstance that will aid and encourage a reduction of local expenses; and WHEREAS, the Township Howell and the Township of Marlboro are public bodies corporate and politic of the State of New Jersey and are authorized under New Jersey law to enter into a Shared Services Agreement pursuant to the Act; and WHEREAS, the Township of Howell and the Township of Marlboro desire to enter into a shared services agreement for the utilization of the Howell Township Firearms Range; and WHEREAS, representatives of Howell Township and Marlboro Township have negotiated a Shared Services Agreement, a copy of which is annexed hereto as Exhibit A, and the terms of which are incorporated into this resolution as if set forth at length herein; and WHEREAS, the Township Council of the Township of Howell finds it would be in the best interest of the residents and taxpayers of the Township to authorize the execution of the Shared Services Agreement with the Township of Marlboro in substantially the form annexed hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Howell, County of Monmouth, as follows: 1. That the appropriate officials be and are hereby authorized to execute the Shared Services Agreement with the Township of Marlboro for the use of the Township of Howell's Firearms Range in substantially the form of the Shared Services Agreement annexed hereto and made a part hereof; 2. This Agreement between the Township of Howell and T.wnship of Marlboro shall be for a period of one calendar year beginning January l,20 13.

8 3. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the Township Manager, Chief of Police and the Township of Marlboro. VOTE: AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Guz Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held on June 18, PENNY WOLLMAN, TOWNSHIP CLERK

9 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

10 Mr.(s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING TENTATIVE SANITARY SEWER APPROVAL FOR ONOSHKO ESTATES MATTER: TENTATIVE SANITARY SEWER APPROVAL APPLICANT: CUSTOM HOMES OF NEW JERSEY, LLC DEVELOPMENT: ONOSHKO ESTATES BLOCK LOTS 11 & 12 CASE NO.: SD-2903 WHEREAS, the developer applied to the Township for tentative sanitary sewer approval for said property; and WHEREAS, the Utility Director, William H. Nunziato, Jr., PE, by correspondence dated May 14, 2013, reviewed said application and in particular the construction of sanitary sewer service; and WHEREAS, said Utility Director recommends sanitary sewer tentative approval for said project; and WHEREAS, the site is located in an "Area of Existing Sanitary Sewer Service" as depicted on the Township Wastewater Management Plan Map. The applicant can be deemed as Category "C": Other than Single Family, Township Sewer System Available. NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Council of Howell Township hereby formally grants tentative sanitary sewer approval to Custom Homes of New Jersey, LLC for Block Lots 11 and Said approval is conditioned upon the requirements set forth in the Utility Director's memo dated May 14, The applicant will be required to seek final sanitary sewer approval.

11 Page 2 4. The applicant must obtain approvals from the Manasquan River Regional Sewerage Authority (MRRSA), the Ocean County Utility Authority (OCUA) and the New Jersey Department of Environmental Protection (NJDEP). 5. Upon the adoption of the within resolution, the Clerk is directed to forward a certified copy of same to the following: a) Township Engineering Coordinator b) Utility Director c) Township Guarantee Coordinator d) Utility Department e) Plumbing Sub Code Official f) Applicant - VOTE -- AYES NAYS ABSTAIN ABSENT DISOUALIFY Ms. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a public business meeting held on June 18,2013. PENNY A. WOLLMAN TOWNSHIP CLERK

12 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

13 Mr-(s) Mr. 6) offered the following Resolution for adoption seconded by Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING FINAL SANITARY SEWER APPROVAL MATTER: FINAL SEWER APPROVAL APPLICANT: HOWELL LAND IMPROVEMENTS, LLC DEVELOPMENT: HARVEST RIDGE BLOCK 136 LOTS 3,4 & 5 (HOWELL) BLOCK 109 LOTS 40.01,43 & (HOWELL) BLOCK 105 LOTS &65 & 66 (FREEHOLD) BLOCK 106 LOT 1 (FREEHOLD) CASE NO.: SD-2950lSP-946 WHEREAS, the developer applied to the Township for final sanitary sewer approval for said property; and WHEREAS, Utility Director, William H. Nunziato, Jr., PE, by correspondence dated , reviewed said application and in particular the construction of sanitary sewer service; and WHEREAS, said Utility Director recommends final sanitary sewer approval for said project; and WHEREAS, the site is located within an "Area of Proposed Sanitary Sewer Service" as depicted on the Township Wastewater Management Plan Map. NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Council of Howell Township hereby formally grants final sanitary sewer approval to Howell Land Improvements, LLC for Block 136 Lots 3,4 & 5 and Block 109 Lots 40.01,43, and Final Sanitary Sewer Approval is subject to the following: a) The applicant must conform to the Rules and Regulations of the New Jersey Department of Environmental Protection (NJDEP), Manasquan River Regional Sewerage Authority (MRRSA), Ocean County Utilities Authority (OCUA), HTMUD, and all other regulatory agencies, as applicable. Copies of applicable approvals shall be provided to the Township prior to construction.

14 b) The applicant is required to obtain all necessary permits, including a NJDEP Sewer Extension Permit, Stream Encroachment Permits, Wetlands Permits, etc. c) The posting of a Performance Guarantee and acceptance by the Township Council. d).the payment of the construction inspection fee prior to construction. The applicant shall submit an Insurance Certificate acceptable to the Township. Applicant's attendance at a pre-construction meeting prior to construction. The applicant shall pay all connection fees required by MRRSA. Payment of all connection fees required by the HTMUD. The applicant shall pay all other fees required by any other governmental agencies having jurisdiction. A Howell Township Road Opening Permit is required for Township roadways. The developerlapplicant is responsible for the maintenance and operation of the pump station and all sanitary sewer lines until such time that Final Acceptance of the entire system is granted by the Township Council. The applicant shall supply an additional spare pump. The pump shall be the same as the pumps installed and accepted by the Township. An overall easement plan must be supplied depicting the easements, block and lots, owners of the properties, metes and bounds and also showing the proposed pipe location. The applicant must resubmit a revised NJDEP and OCUA application forms.

15 Page 3 3. Upon the adoption of the within resolution, the Clerk is directed to forward a certified copy of same to the following: a) Township Engineering Coordinator b) Township Utility Director c) Township Guarantee Coordinator d) Utility Department e) Plumbing Sub Code Official f) Applicant VOTE -- AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a public business meeting held on June 18, PENNY A. WOLLMAN TOWNSHIP CLERK

16 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

17 Mr.(s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL FOR ACCEPTANCE OF PERFORMANCE GUARANTEES MATTER: APPLICANT: PROJECT: CASE NO.: PERFORMANCE GUARANTEE ACCEPTANCE MARINE CONTAINER EQUIPMENT MARINE CONTAINER EQUIPMENT BLOCK 49 LOT SQUANKUM-YELLOWBROOK RD BA SITE IMPROVEMENTS WHEREAS, the above named developer of the above named land use project located on property known as Block 49 Lot 16 is posting as a condition of the Zoning Board Approval, and in accordance with the requirements of the Township, for the development of said property, a performance guarantee to ensure proper construction of real property improvements therein; and WHEREAS, as a condition of the Howell Township Zoning Board Approval, the above named applicant is required to post with the Township of Howell certain performance guarantees and fees; and WHEREAS, the Division of Engineering computed the amount of the performance guarantee and fees required to be posted by the Developer with the Township of Howell in accordance with the aforementioned Board approval. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Howell, County of Monmouth as follows: 1. The Township Council hereby accepts the following performance guarantee and fees posted by the applicant with the Township of Howell in accordance with the approval previously granted by the Howell Township Zoning Board and the Division of Engineering report dated for site improvements: a) PERFORMANCE GUARANTEES (i) Check No in the amount of $3, representing 100% CASH Performance Guarantee for site improvements.

18 Page 2 b) ENGINEERING INSPECTION FEE (i) Check No in the amount of $ representing 100% Engineering Inspection Fee for site improvements. c) RESOLUTION IWE (i) Check No in the amount of $ representing the resolution fee as required by Ordinance. 2. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Division of Engineering b. Guarantee Coordinator c. Chief Financial Officer d. Applicant/Developer - VOTE - AYES - NAYS ABSTAIN ABSENT DISQUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on June 18,2013. PENNY A. WOLLMAN TOWNSHIP CLERK

19 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,201 3 AGENDA ITEM NUMBER

20 Mr.(s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL FOR ACCEPTANCE OF PERFORMANCE GUARANTEES MATTER: APPLICANT: PROJECT: CASE NO.: PERFORMANCE GUARANTEE ACCEPTANCE DS & DJ REALTY, LLC HADDON HOUSE FOOD PRODUCTS BLOCK 41 LOTS OAK GLEN ROAD SP-979 SITE & SANITARY SEWER IMPROVEMENTS WHEREAS, the above named developer of the above named land use project located on property known as Block 41 Lots is posting as a condition of the Planning Board Approval, and in accordance with the requirements of the Township, for the development of said property, a performance guarantee to ensure proper construction of real property improvements therein; and WHEREAS, as a condition of the Howell Township Planning Board Approval, the above named applicant is required to post with the Township of Howell certain performance guarantees and fees; and WHEREAS, the Engineering Division computed the amount of the performance guarantee and fees required to be posted by the Developer with the Township of Howell in accordance with the aforementioned Board approval. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Council of the Township of Howell, County of Monrnouth as follows: 1. The Township Council hereby accepts the following performance guarantee and fees posted by the applicant with the Township of Howell in accordance with the approval previously granted by the Howell Township Planning Board and the Engineering Division report dated 5/7/2013 for site and sanitary sewer improvements: a) PERFORMANCE GUARANTEES (i) Check No in the amount of $18, representing 100% CASH Performance Guarantee for site and sanitary sewer improvements.

21 Page 2 b) ENGINEERING INSPECTION FEE (i) Check No in the amount of $15, representing 100% Engineering Inspection Fee for site and sanitary sewer improvements. c) SANITARY SEWER CONNECTION FEE (i) Check # in the amount of $2, c) RESOLUTION FEE (i) Check No in the amount of $ representing the resolution fee as required by Ordinance. 2. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Division of Engineering b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantDeveloper - VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on June 18, PENNY A. WOLLMAN TOWNSHIP CLERK

22 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June AGENDA ITEM NUMBER

23 Mr.6) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE AND ACCEPTANCE OF MAINTENANCE GUARANTEE MATTER: PERFORMANCE GUARANTEE RELEASE APPLICANT: WAWA PROJECT: WAWA STORE #910 BLOCK 175 LOT ROUTE 33 CASE NO.: BA A SITE IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development located on property known as Block 175 Lot 40.02, previously posted as a condition of the Zoning Board approval, and in accordance with the requirements of the Township for the development of said property, a Performance Guarantee and Performance Bond to insure proper construction of real property improvements therein; and and WHEREAS, the Developer made a request for release of the Performance Guarantee; WHEREAS, the Division of Engineering by Memorandum dated June 7, 2013 has recommended release of the Performance Bond Number issued by Travelers Casualty and Surety Company of America original posted in the amount of $318, representing 90% of the Performance Guarantee and the 10% cash portion posted in the amount of $35, NOW, THEREFORE, BE IT RESOLVED by Mayor and Township Council of the Township of Howell, County of Monmouth, State of New Jersey as follows: 1. WAWA, Inc. is hereby granted the request for release of the aforesaid Guarantee in accordance with the letter of recommendation aforesaid. 2. The Township accepts Maintenance Bond Number issued by Travelers Casualty and Surety Company of American in the amount of $53,

24 Page 2 3. That said release of the performance guarantee is contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township Ordinances for the release of said performance guarantee, 4. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Division of Engineering b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantDeveloper VOTE -- AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Walsh Mr. Guz Ms. Smith Mr. Nicastro Mayor Gotto This is to certifl that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on June 18,2013. PENNY A. WOLLMAN TOWNSHIP CLERK

25 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

26 Mr. (s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF THE MAINTENANCE GUARANTEE MATTER: RELEASE MAINTENANCE GUARANTEE APPLICANT: FORT PARTNERS, LLC PROJECT: WALGREENS BLOCK 137 LOT ROUTE 9 SOUTH CASE NO.: SP-916 SITE IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development, Block 137 Lot posted a maintenance guarantee in the form of CASH in the amount of $27,779.14; and WHEREAS, said Developer requested the return of said Maintenance Guarantee; and WHEREAS, the Division of Engineering reviewed the site and determined by memorandum dated May 13,2013 that said maintenance guarantee should be returned. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. The Township Council of the Township of Howell hereby formally authorizes the return of the maintenance guarantee in the form CASH in the amount of $27, to the developer of the site. 2. Said release of the maintenance guarantee is specifically contingent upon the applicantjdeveloper reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all charges as per Township Ordinance for the release of said maintenance guarantee. 3. Upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the following: a. Division of Engineering b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantAIeveloper

27 Page 2 - VOTE -- AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on June 18, PENNY A. WOLLMAN TOWNSHIP CLERK

28 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June AGENDA ITEM NUMBER

29 Mr.(s) seconded by Mr.(s) offered the following Resolution for adoption Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ZONING BOARD ESCROW FUNDS MATTER REFUND T-MOBILE NORTHEAST, LLC C/O MICHAEL R. BECK, ESQ 64 WASHINGTON ST., TOMS RIVER, NJ CASE NO BLOCK 66 LOT PROJECT CELL TOWER APPLICATION WITHDRAWN WHEREAS, the above named applicant requested the return of any unused Zoning Board escrow funds previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, the applicant requested an accounting of their Escrow Account; and WHEREAS, the Zoning Board Office recommends the return of the unused Escrow Fees in the amount of $1, NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows 1. That the Township Finance Office is hereby authorized to return to the applicant the unused escrow fee in the amount of $1,000.00, plus interest if any, from the applicant's Escrow Account Number A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: DIVISION OF ENGINEERING TOWNSHIP TREASURER GUARANTEE COORDINATOR PROPERTY DEVELOPER VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on June 18, PENNY A. WOLLMAN - TOWNSHIP CLERK

30 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER [f

31 Mr-(s) seconded by Mr.(s) offered the following Resolution for adoption Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED PLANNING BOARD ESCROW FUNDS MATTER REFUND APOSTLE ACRES DEVELOPMENT CO., LLC 593 WINDING RIVER ROAD BRICK, NJ CASE NO. SD-2912 BLOCK 139 LOT PROJECT CONSTRUCTION OF INFILTRATION BASIN WHEREAS, the above named applicant requested the return of any unused Planning Board escrow funds previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, the applicant requested an accounting of their Escrow Account; and WHEREAS, the Planning Board Office recommends the return of the unused Escrow Fees in the amount of $1, NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows 1. That the Township Finance Office is hereby authorized to return to the applicant the unused escrow fee in the amount of $1, , plus interest if any, from the applicant's Escrow Account Number A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: DIVISION OF ENGINEERING TOWNSHIP TREASURER GUARANTEE COORDINATOR PROPERTY DEVELOPER VOTE AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on June 18,2013. PENNY A. WOLLMAN - TOWNSHIP CLERK

32 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

33 Mr-(s) seconded by Mr.(s) offered the following Resolution for adoption Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED PLANNING BOARD ESCROW FUNDS MATTER REFUND EXECUTIVE PLAZA, LLC 3400 HIGHWAY 35, SUITE 6 HAZLET, NJ CASE NO. SP-907 BLOCK 141 LOT 7 PROJECT ADDITION OF 4 PARKING SPACES WHEREAS, the above named applicant requested the return of any unused Planning Board escrow funds previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, the applicant requested an accounting of their Escrow Account; and WHEREAS, the Planning Board Office recommends the return of the unused Escrow Fees in the amount of $1, NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows 1. That the Township Finance Office is hereby authorized to return to the applicant the unused escrow fee in the amount of $1,371.00, plus interest if any, from the applicant's Escrow Account Number A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: DIVISION OF ENGINEERING TOWNSHIP TREASURER GUARANTEE COORDINATOR PROPERTY DEVELOPER VOTE AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on June 18, PENNY A. WOLLMAN - TOWNSHIP CLERK

34 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June AGENDA ITEM NUMBER

35 Mr.(s) seconded by Mr.(s) offered the following Resolution for adoption Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED PLANNING BOARD ESCROW FUNDS MATTER REFUND FORT PARTNERS, LLC C/O JEROME KOOTMAN 407 MAIN ST., SUITE 211, METUCHEN, NJ CASE NO. SP-916 BLOCK 137 LOT PROJECT WALGREENS WHEREAS, the above named applicant requested the return of any unused Planning Board escrow funds previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, the applicant requested an accounting of their Escrow Account; and WHEREAS, the Planning Board Office recommends the return of the unused Escrow Fees in the amount of $ NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows 1. That the Township Finance Office is hereby authorized to return to the applicant the unused escrow fee in the amount of $456.78, plus interest if any, from the applicant's Escrow Account Number A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: DIVISION OF ENGINEERING TOWNSHIP TREASURER GUARANTEE COORDINATOR PROPERTY DEVELOPER VOTE AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on June 18,2013. PENNY A. WOLLMAN - TOWNSHIP CLERK

36 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

37 R RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption: Seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL, AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS. MATTER: APPLICANT: RETURN OF UNUSED SEWER REVIEW ESCROW DUKE AND DUKE LLC PO Box 477 Farmingdale, NJ DNELOPMENT: Block 228, Lot 32 Toms Tavern, 85 Asbury Road CASE NO. # WHEREAS, the above named applicant of the above named land use development previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Funds for professional services to assure proper Utility Reviews WHEREAS, the utility project has been abandoned and the applicant has requested their escrow account be closed. WHEREAS, CME Engineering and the Township Engineer have recommended the return of unused sewer review escrow fees; and

38 NOW, THEREFORE BE Il RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to Return to the developer the unused escrow funds in the amount of $ plus interest, if applicable. Said funds to be returned From the Applicant's account # A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: a. Township Sewer Dept b. Township Engineer c. Township Treasurer d. Property Developer VOTE: AYS NAYS ABSTAIN ABSENT Mr. Guz Mr. Walsh Mr. Nicastro Mrs. Smith Mayor Gotto This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on June 18, PENNY WOLLMAN, TOWNSHIP CLERK

39 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,201 3 AGENDA ITEM NUMBER

40 offered the following Resolution for adoption, seconded by Mr(s). I Resolution No. R ~ RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL, AUTHORIZING A REFUND OF RECREATIONAL PROGRAM FEES WHEREAS, the following individuals have requested a refund for recreation program fees; 1. Nicole Cavallero Georgia Tavern Road, Howell, N.J Refund for two Teen Expedition trips that she inadvertently signed up for in the amount of $ Michael Cinque - 39 Woodstown Drive, Freehold, N.J Refund for six Teen Expedition trips in the amount of $ Daughter is unable to attend trips. 3. Erika Gandy - 37 Vivian Court, Howell, N.J Refund for Teen Expedition registration in the amount of $ Child has to go out of town for month of July. I 4. Brian Gaverth - 3 Pittsfield Road, Howell, N.J Refund for three Teen Expedition trips in the amount of $ Son is unable to attend trips. 5. Susan McGarrigle - 3 Wisteria Place, Howell, N.J Refund for one Teen Expedition trip in the amount of $ Daughter is unable to attend trip. 6. Elyse McMahon - 83 Starlight Road, Howell, N.J Refund for Summer Camp in the amount of $ Son is unable to attend camp. 7. Alla Krutyansky - 5 Roxy Court, Farmingdale, N.J Refund for Teen Expedition trips in the amount of $ Daughter is unable to attend trips. 8. Georgianna Petillo - 38 Richard Road, Farmingdale, N.J Refund for CIT in Training registration in the amount of $ Son doesn't want to do the program. NOW, THEREFORE BE IT RESOLVED: 'l'hc above individuals arc hcreby rch~ded for recreation program fees. VOTE AYES NAYS ABSTAIN ABSENT DISOUALIFY Mr. Walsh Mr. Guz Mr. Nicastro Ms. Smith Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Townshi of Howell at a public business meeting held on June 18,2013.

41 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE AGENDA ITEM NUMBER

42 Mr(s). offered the following Resolution and moved its adoption seconded by Mr(s). RESOLUTION R-I RESOLUTION ACCEPTING THE PROJECT, AUTHORIZING FINAL CHANGE ORDER, AUTHORIZE FINAL PAYMENT OF $52, AND ACCEPTANCE OF THE MAINTENANCE BOND FOR THE CONSTRUCTION OF CLEAN WATER BARNEGAT BAY WATERSHED PROJECT - CONTRACT # WHEREAS, 'The Township Co~~ncil of the Township of Howell contracted with Down to Earth Landscaping, Inc., 705 Wright-Debow Road, Jackson, NJ for the Construction of Clean Water Barnegat Bay Watershed Project - Contract #12-05; and WHEREAS, Down to Earth Landscaping, Inc., has submitted Liberty Mutual Insurance Company Maintenance Bond No , dated February 21, 2013, in the amount of $99, for the period of two year from 2/4/13 to 2/3/15; and amount; and WHEREAS, said bond is in the correct legal form, content and in the correct WHEREAS, the Township has received a request for final payment on the contract of $52,939.14; and WHEREAS, the Township Manager and the Consulting Engineer have recommended authorization of the Final Change Order (a net decrease of $2,509.00) for an adjusted contract amount of $399,621.00, acceptance of the project, authorize final payment of $52, and acceptance of the Maintenance Bond. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell that they hereby accept the project for the aforedescribed project, accept the Final Change Order, authorize final payment and acceptance of the Maintenance Bond. BE IT FURTHER RESOLVED that the Manager, Chief Financial Officer, QPA and such other officials of the Township as shall be required are hereby authorized and empowered to perform all acts and execute all documents necessary to accept the project, process the final payment and accept the Maintenance Bond.

43 BE IT FURTHER RESOLVED that the appropriation to be charged is # in the amount of $52, VOTE AYES NAYS ABSTAIN ABSENT Mr. Guz Mr. Nicastro Mrs. Smith Mr. Walsh Mayor Gotto This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on June 18,2013. Penny A. Wollman - Township Clerk

44 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

45 Mr.(s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE AND ACCEPTANCE OFMAINTENANCEGUARANTEE MATTER: PERFORMANCE GUARANTEE RELEASE APPLICANT: GEORGE HARMS CONSTRUCTION COMPANY, INC. PROJECT: GEORGE HARMS CONSTRUCTION BLOCK 182 LOT 5.01 YELLOWBROOK ROAD CASE NO.: SP-863 SITE IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development located on property known as Block 182 Lot 5.01, previously posted as a condition of the Planning Board approval, and in accordance with the requirements of the Township for the development of said property, a Performance Guarantee and Performance Bond to insure proper construction of real property improvements therein; and and WHEREAS, the Developer made a request for release of the Performance Guarantee; WHEREAS, the Division of Engineering by Memorandum dated June 10, 2013 has recommended release of the Performance Bond Number issued by Continental Casualty Co. originally posted in the amount of $770, reduced to $231,036.78, which represents 90% of the Performance Guarantee and the 10% cash portion posted in the amount of $85, reduced to $26, NOW, THEREFORE, BE IT RESOLVED by Mayor and Township Council of the Township of Howell, County of Monmouth, State of New Jersey as follows: 1. George Harms Construction Co., Inc. is hereby granted the request for release of the aforesaid Guarantee in accordance with the letter of recommendation aforesaid. 2. The Township accepts Maintenance Bond Number issued by Continental Casualty Company in the amount of $128,

46 Page 2 3. That said release of the performance guarantee is contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township Ordinances for the release of said performance guarantee, 4. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Division of Engineering b. Guarantee Coordinator c. Chief Financial Officer d. Applicant/Developer - VOTE -- AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Walsh Mr. Guz Ms. Smith Mr. Nicastro Mayor Gotto This is to certifl that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on June 18,2013. PENNY A. WOLLMAN TOWNSHIP CLERK

47 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

48 offered the following resolution, seconded by R-I RESOLUTION WHEREAS, N.J.S.A. 40A:4-87 permits the Director of the Division of Local Government Services to approve the insertion of any special item of revenue in the Municipal Budget when such item shall have been made available by law and the amount thereof shall not have been determined at the time of the adoption of the budget, and WHEREAS, the Council of the Township of Howell has been awarded a total of $102, for its Clean Communities Grant, and WHEREAS, The Council wishes to increase its anticipated revenues from $87, to $102,544.39, and WHEREAS, the Council of the Township of Howell wishes to appropriate the funds in accordance with the grant requirements, NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Howell that application is hereby mad to the Director, Division of Local Government Services for an increase of a special item of revenue in the 2013 budget entitled: Miscellaneous Revenues - Section F: Public and Private Revenues Offset with Appropriations; Clean Communities Grant From $87, to $1 02, $1 5, BE IT FURTHER RESOLVED that the application is hereby made for the insertion of a like amount of increase to the appropriation entitled: Operations - Excluded from "CAPS Public and Private Programs Offset by Revenues Clean Communities Grant From $87, to $102, Other Expenses BE IT FURTHER RESOLVED that two certified copies of this resolution be forwarded to the Director, Division of Local Government Services with a copy of the award letter for his approval. ROLL CALL: VOTE: AYES NAYS ABSTAIN ABSENT Mrs. Guz Mr. Walsh Mrs. Smith Mr. Nicastro Mayor Gotto I, Penny Wollman, Clerk of the Township of Howell, County of Monmouth, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Township Council at a meeting of said Township Council held on June 18, Penny Wollman, Township Clerk

49 TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE June 18,2013 AGENDA ITEM NUMBER

50 offered the following resolution, seconded by R RESOLUTION WHEREAS, N.J.S.A. 40A:4-87 permits the Director of the Division of Local Government Services to approve the insertion of any special item of revenue in the Municipal Budget when such item shall have been made available by law and the amount thereof shall not have been determined at the time of the adoption of the budget, and WHEREAS, the Council of the Township of Howell has been awarded a Department of Transportation Grant in the amount of $200,000.00, and WHEREAS, the Council of the Township of Howell wishes to appropriate the funds in accordance with the grant requirements, NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Howell that application is hereby made to the Director, Division of Local Government Services for an increase of a special item of revenue in the budget entitled: Miscellaneous Revenues - Section F: Public and Private Revenues Offset with Appropriations; NJ DOT Grant BE IT FURTHER RESOLVED that the application is hereby made for the insertion of a like amount of increase to the appropriation entitled: Operations - Excluded from "CAPS" Public and Private Programs Offset by Revenues NJ DOT Grant - Improvement to Tinton Falls Rd. Other Expenses BE IT FURTHER RESOLVED that two certified copies of this resolution be forwarded to the Director, Division of Local Government Services with a copy of the award letter for his approval. ROLL CALL: VOTE: AYES NAYS ABSTAIN ABSENT Mrs. Guz Mr. Walsh Mrs. Smith Mr. Nicastro Mayor Gotto I, Penny Wollman, Clerk of the Township of Howell, County of Monmouth, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Township Council at a meeting of said Township Council held on June 18, Penny Wollman, Township Clerk