TOWNSHIP OF HOWELL RESOLUTION COVER PAGE

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1 TOWNSHIP OF HOWELL RESOLUTION COVER PAGE REGULAR MEETING DATE May 15,2018 AGENDA ITEM NUMBER

2 offered the following resolution, seconded by RESOLUTION R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL, COUNTY OF MONMOUTH, ACCEPTING A CERTIFIED I-IST FROM THE FARMINGDALE-HOWELL FIRST AID SQUAD AND HOWELL FIRST AID & RESCUE SQUAD #I FOR ELIGIBILITY IN LENGTH OF SERVICE AWARDS PROGRAM (LOSAP) FOR THE SERVICE YEAR OF 2017 PURSUANT TO THE REQUIREMENT OF N.J.A.C (b). WHEREAS, the creation of a Length of Service Awards Program (LOSAP) for the volunteer fire company and first aid squad members was approved by referendum of the voters of the Township of Howell on November 4, 2003, and; WHEREAS, the Township Council of the Township of Howell has approved the adoption of the Plan Document designating VALlC as the service provider, and; WHEREAS, the State of New Jersey, Department of Community Affairs, Division of Local Government Services has reviewed the Plan Document and supporting documentation and found the plan to be in compliance with the requirements of N.J.A.C 5: (b), and; WHEREAS, the Farmingdale-Howell First Aid Squad and Howell First Aid & Rescue Squad #I have each submitted a certified list to the Local Plan Administrator of those emergency service workers who have met the requirements of the plan as outlined in Chapter 21-4 of the Municipal Code of the Township of Howell, and; WHEREAS, each qualifying member of said volunteer organizations would be entitled to an award amount of $1, subject to a consumer price index increase of 0.80% applicable for the service year of 2017 as outlined in Chapter 21-5 of the Municipal Code of the Township of Howell, which totals the award amount to $1,425.41, and; WHEREAS, each qualifying member of said volunteer organizations who achieved life member status would be entitled to an award amount of $ subject to a consumer price index increase of 0.80% applicable for the service year of 2017 as outlined in Chapter 21-5 of the Municipal Code of the Township of Howell, which totals the award amount to $ NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell in the County of Monmouth that the following certified lists from the Farmingdale-Howell First Aid Squad and Howell First Aid & Rescue Squad #I be accepted and approved; Farmingdale - Howell First Aid Squad Avrohom Epstein Jeffrey Neely Leslie Spindel Christine Fa

3 Howell First Aid & Rescue Squad #I Anthony Badalamenti Stan Anthony DeMatteo Christine DeMatteo Jeffrey DeMatteo Richard Friedman (LM) Seth Haber (LM) Jennifer Kalash Evan McNamara Robert Morris (LM) Joshua Nola Zachary Peras M a w Benjamin Steiner Shlomo Stern R.C. Sullivan (LM) Tom Tyrell (LM) Trish Varricchio (LM) Patti Williams (LM) John Zicha **(LM) denotes Life Member BE IT FURTHER RESOLVED that a certified copy of this resolution shall be posted for a period of 30 days in the office of the Township Clerk, the Farmingdale-Howell First Aid Squad and Howell First Aid & Rescue Squad #I, and; BE IT FURTHER RESOLVED that this resolution meets the requirements set forth in N.J.A.C (b), which requires the Township Council acceptance and approval of the certified lists and posting of the lists for public inspection for a period of 30 days to allow a sufficient time for membership review. VOTE: AYES NAYS ABSTAIN ABSENT Mrs. O'Donnell Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger 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 regular meeting of said Township Council held on May 15, PENNY WOLLMAN, TOWNSHIP CLERK

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5 offered the following resolution, seconded by RESOLUTION OF THE TOWNSHIP OF HOWELL, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, CANCELING CAPITAL IMPROVEMENT APPROPRIATION AND GRANT FUND RECEIVABLE AND APPROPRIATION BALANCES. WHEREAS, a General Capital Improvement appropriation balance remains dedicated for a project now completed, and; and; WHEREAS, a Grant Fund receivable and spending appropriation balance remains dedicated for a project now completed, WHEREAS, it is necessary to formally cancel said unexpended authorizations, and; WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be returned to each respective Capital Improvement Fund or credited to Fund Balance, if appropriate, and unused debt authorizations may be cancelled. NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Howell, County of Monmouth, State of New Jersey (not less than two-thirds of all the members thereof affirmatively concurring) that the capital projected be declared completed and the unexpended and dedicate balances of the General Capital and Grant Fund Receivables and Appropriations per the attached list be cancelled. BE IT FURTHER RESOLVED, that the Township Clerk shall forward two certified copies of this resolution to the Director of Local Government Services. ROLL CALL: VOTE: AYES NAYS ABSTAIN ABSENT Mrs. 07Donnell Mrs. Snlith Mr. Walsh Mr. Nicastro Mayor Berger I, Penny Wollman, Clerk of the Township of Howell, County of Monrnouth, 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 May 15, penny ~~ollman, owns ship Clerk

6 CURRENTFUND FUND BALANCE GrantFdReme.Re.~m Green Communities Grant FvndA.cmW ~ -- onr.esxryes: Alliance Grant Senior Center Grant Green Communities Grant DEFERRED CHARGE TO FUTURETAXATION GENERALCAPITAL FUND Sub-Account Project FUND BALANCE UNFUNDED BORRWING AUTHORIN OEM/Police Redundant Dispatch Lake Restoration 6 Wildlife Projects Upgrade Buildings Upgrade Police. Court. Library Upgrade HVAC -Twp Buildings Improvements to Buildings Seclion 20 Costs DPW Equipment Improvements to Senior Center Computer Equipment TownshipVehicles DPW Equipment DPW Equipment DPW Equipment DPW Equipment Borrowing Authority- Bond OrdNo Borrowing Authority - Bond Ord No Library HVAC Duct Work S S S S s (20) PassengerVan -Seniors Light DutyTruck Snow Removal Equipment $ Backhoe $ Scissor Lift $

7 TOWNSHIP OF HOWELL RESOLUTION COVER PAGE REGULAR MEETING DATE May 15,201 8 AGENDA ITEM NUMBER

8 offered the following resolution for adoption Seconded by R-I RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL, COUNTY OF MONMOUTH, STATE OF NEW JERSEY REQUESTING REFUNDS TO BE ISSUED FROM OVERPAYMENTS CREATED IN THE EMT CLEARING ACCOUNT. WHEREAS, there exists overpayments on the books of the Howell Township EMT Clearing Account WHEREAS, the circumstances creating these overpayments have been investigated and it has been determined that these overpayments should be refunded. NOW, THEREFORE, BE IT RESOLVED that the overpayments listed below be and are hereby refunded: SERVICE DATE: PROCESSING DATE: 04/30/ AMOUNT: $ TOTAL VOTE: AYE NAY ABSTAIN ABSENT Mrs. O'Donnell Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell, County of Monmouth at a regular meeting of said Township Council held on May 15th, Penny Wollman, Township Clerk

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10 offered the following resolution, seconded by R-I RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL, COUNTY OF MONMOUTH, STATE OF NEW JERSEY APPROVING PARTICIPATION IN THE SAFE AND SECURE COMMUNI'TIES FEDERAL GRANT PROGRAM ADMINISTERED BY 'THE STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY AND ACCEPTANCE OF A GRANT SUB-AWARD OF $60, UNDER GRANT NO WHEREAS, the Township of Howell applied for and wishes to accept funding of $60,000 with a match of $197,736 for an approximate project total cost of $257,736 for a project under the Federal Safe & Secure Communities Grant Program administered by the State of New Jersey, Department of Law and Public Safety, Grant No , for the period of April 2, 2018 through July 15, 2019; and WHEREAS, the Township Council has reviewed the grant funding application and has approved said request; and WHEREAS, the project is a joint effort between the State of New Jersey, Department of Law and Public Safety and the Township of Howell for the purpose of utilizing problem solving strategies to suppress the Township's narcotics epidemic as described in the application; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell, County of Monmouth, State of New Jersey as follows: ROLL CALL: 1. The Township of Howell wishes to participate to fullest extent possible with the State of New Jersey, Department of Law and Public Safety and is authorized to and does accept the Sub-award in the amount of $60, The Attorney General will receive funds on behalf of the applicant. 3. The Division of Criminal Justice shall be responsible for the receipt and review of the application for said funds. 4. The Division of Criminal Justice shall initiate allocations to each applicant as authorized. VOTE: AYES NAYS ABSTAIN ABSENT Mrs. O'Donnell Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger 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 May 15,2018. PENNY WOLLMAN: TOWNSHIPCLERK

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12 Mr(s) seconded by Mr(s) offered the following Resolution for adoption R RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING A REFUND OF UNUSED PARK & RIDE FEE. WHEREAS, Miguel Colmenares, 32 Forest Hill Drive, Howell, N J previously paid $ for a Park & Ride Permit on December 29, AND WHEREAS Mr. Colmenares, will no longer be commuting, he retired from his employment on April 30, therefore, will no longer require the use of the Aldrich Park & Ride Permit; NOW THEREFORE, BE IT RESOLVED, the above named individual is hereby refunded $ for the unused portion of his Park & Ride fee. VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Nicastro Ms. ODonnell Mrs. Smith Mr. Walsh Mayor Berger 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 May 15, Penny A. Wollman, Township Clerk

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14 Mr.(s). offered the following Resolution for adoption, seconded by Mr. (s) WHEREAS, the Township of Howell is the owner of real property known as Block 228, Lot 5, in the Township of Howell, County of Monmouth, State of New Jersey (collectively the "Property"); and WHEREAS, the Property is approximately 0.8 acres and is landlocked; and WHEREAS the Property is located in the ARE-3 Zone and is less than the minimum size required for development under the Township's zoning ordinance, and is without any capital improvement thereon; and WHEREAS, N.J.S.A. 40A:12-13(b)(5) authorizes the Township to sell municipally owned real property at a private sale to an owner of real property contiguous thereto where the Township owned Property is less than the minimum size required for development under the municipal zoning ordinance and is without any capital improvement thereon; and WHEREAS, N.J.S.A. 40A: 12-13(b)(5) further provides that where there is more than one owner of real property contiguous thereto, the municipal property shall be sold to the highest bidder from among all such contiguous owners and that the sale shall be for not less than the fair market value of the said real property; and WHEREAS, the Township Council of the Township of Howell, County of Monmouth, State of New Jersey ("Governing Body") determined that the Property was not needed for public use, and the sale of the Property will return the Property to the tax rolls of the Township of Howell, and it is in the best interests of the Township of Howell to offer the Property for sale at a private sale to an owner of real property contiguous thereto, to the highest bidder; and WHEREAS, The Township Council passed Ordinance authorizing the sale of property to the highest bidder requiring the submission of bids on or before 11:OO a.m. on February 28, 2018 at the Howell Township Municipal Building, 4567 Route 9 North, P.O. Box 580, Howell, NJ WHEREAS, a sole bid was received from a contiguous owner by the Township on or before 1 1 :00 a.m. on February 28,201 8; NOW, THEREFORE, BE IT RESOLVED by the Township of Howell, County of Monmouth, State of New Jersey as follows: 1. The Township Council accepts the bid submitted for the purchase of Block 228, Lot 5, and it is hereby awarded to Frank and Laura Ingrao of 225 Asbury Road, Farmingdale, New Jersey; and

15 2. The Mayor, Township Manager, Township Clerk, Township Attorney, and such other officials as may be necessary are authorized to prepare and execute a deed and all other necessary documents to convey the Property to Frank and Laura Ingrao of 225 Asbury Road, Farmingdale, New Jersey. VOTE AYES NAYS ABSTAIN ABSENT Mr. Nicastro Mrs. O'Donnell Mrs. Smith Mr. Walsh Mayor Berger 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 May 15, Penny A. Wollman, Township Clerk

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17 Mr(s) offered the following Resolution for adoption seconded by Mr(s) Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL FOR ACCEPTANCE OF PERFORMANCE GUARANTEE DEVELOPER: PROJECT: CASE NO.: AUTOZONE NORTHEAST, LLC AUTOZONE BLOCK LOT US HIGHWAY 9 SP-1028 WHEREAS, the above-named developer of the above-named land use project located on property known as block lot 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 developer is required to post with the Township of Howell certain performance guarantees; and WHEREAS, the Division of Engineering has computed the amount of the performance guarantee 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 posted by the developer with the Township of Howell in accordance with the approval previously granted by the Howell Township Planning Board and the Division of Engineering's Performance Guarantee Estimate dated 10/19/2017: a. Performance Bond No issued by Travelers Casualty and Surety Company of America in the amount of $135,901.09, representing 90% of the Performance Guarantee. b. Check No in the amount of $15, representing 10% of the Performance Guarantee. 2. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Division of Engineering b. Guarantees Coordinator c. Chief Financial Officer d. AutoZone Northeast, LLC, 123 South Front Street, Memphis, TN

18 VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Mrs. O'Donnell Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger 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 May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

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20 Mr(s) offered the following Resolution for adoption seconded by Mr(s) Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF THE MAINTENANCE GUARANTEE DEVELOPER: PROJECT: CASE NO.: INPINITI PLAZA, LLC INFINITI PLAZA BLOCK 119 LOT 4 ROUTE 9 & EAST sth STREET SP-994 WHEREAS, the above-named developer of the above-named. land use development located at property known as block 119 lot 4 posted a maintenance guarantee in the form of maintenance bond no. S issued by NGM Insurance Company in the amount of $7,136.65; and WHEREAS, said maintenance guarantee is due to expire on June 13,201 8; and WHEREAS, the Engineering Division reviewed the site and determined by maintenance guarantee release report dated April 30,201 8 that said maintenance guarantee should be released and returned to the developer. 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 release and return of the maintenance guarantee in the form of maintenance bond no. S issued by NGM Insurance Company in the amount of $7, to the developer of the site. 2. Said release of the maintenance guarantee is specifically contingent upon the developer 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. Guarantees Coordinator c. Chief Financial Officer d. Infinity Plaza, LLC, 22 South Hope Chapel Road, Jackson, NJ VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Mrs. O'Donnell Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger 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 May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

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22 Mr(s) offered the following Resolution for adoption seconded by Mr.(s) Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE AND ACCEPTANCE OF THE MAINTENANCE GUARANTEE DEVELOPER: PROJECT: CASE NO.: DYNAMIC WHOLESALE SANITARY SEWER CONNECTION BLOCK38 LOTS 1179 LAKEWOOD-FARMINGDALE ROAD SP SANITARY SEWER WHEREAS, the above-named developer of the above-named land use development located on property known as block 38 lot 5, previously posted as a condition of the Department of Community Development, Division of Engineering 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, the developer has made a request for release of the performance guarantee which was posted as Performance Bond no. CM issued by First Indemnity of America Insurance Company in the amount of $36, , representing 90% of the guarantee and the cash portion posted in the amount of $4,017.17; and WHEREAS, the Division of Engineering, by performance guarantee release report dated May 8, 2018, has recommended release of the aforesaid performance guarantee. 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. Dynamic Wholesale is hereby granted the request for release of the aforesaid performance guarantee in accordance with the performance guarantee release report and recommendation aforesaid. 2. The Township accepts Maintenance Bond No. CM100339M in the amount of $6, to act as the required maintenance guarantee. 3. That said release of the performance guarantee is contingent upon the 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. Guarantees Coordinator c. Chief Financial Officer d. Dynamic Wholesale, 1179 Lakewood-Farmingdale Road, Howell, NJ 07731

23 VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Mrs. O'Donnell Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger 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 May 15,201 8.

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25 Mr.(s) offered the following Resolution for adoption seconded by Mr.(s) Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING FINAL SANITARY SEWER APPROVAL DEVELOPER: DEVELOPMENT: CASE NO.: BOULDER RIDGE AT HOWELL, LLC BOULDER RIDGE AT HOWELL BLOCK 183 LOTS ,109.02,110,111,112 SD-2930 A2lSP-914A WHEREAS, the above-named developer of the above-named project located on property known as block 183 lots , , 1 10, 1 1 1, & 1 12 has applied to the Township for fmal sanitary sewer approval for said property; and WHEREAS, William Nunziato, Jr. PE, PP, CME, Utilities Director, by correspondence dated May 1, 201 8, reviewed said application and in particular the construction of the sanitary sewer service; and WHEREAS, said Utilities Director has recommended final sanitary sewer approval for said project; and WHEREAS, the subject site is located within a "Sanitary Sewer Service Area" as depicted on the Township of Howell 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 the Township of Howell hereby formally grants final sanitary sewer approval to Boulder Ridge at Howell, LLC for block 183 lots , , 1 10, 1 1 1, & Final Sanitary Sewer Approval is subject to the following: a) The applicant shall obtain all applicable outside agency approvals, specifically Manasquan River Regional Sewerage Authority, Ocean County Utilities Authority, County of Monrnouth, NJDEP, and NJDOT. b) The applicant shall enter into a Developer's Agreement with the Township. c) The applicant shall post a performance guarantee in accordance with the MLLK in a form acceptable to the Township of Howell. d) The applicant shall post a construction services deposit (Sewer Inspection Fee) in accordance with the performance guarantee estimate. e) The applicant shall submit an Insurance Certificate acceptable to the Township. f) The applicant shall pay a sanitary sewer connection fee for both residential and commercial usage as calculated by the Utilities Director in his aforementioned correspondence dated May 1, g) The applicant shall pay all connection fees required by MRRSA. h) The applicant shall pay all other fees required by any other governmental agencies having jurisdiction. i) The applicant shall attend a pre-construction meeting with the Township's Sewer and Engineering Departments.

26 8 The applicant must comply with Howell Township's sewer rules and regulations. k) All streets and sanitary sewer lines located within the Boulder Ridge Development are privately owned and maintained by the Homeowner's Association. 1) All individual sanitary sewer service connections to the force main sewer line shall be private. The Township's limit of jurisdiction for these individual connections will be from the force main to the coupling outside of the valve chamber (force main side). m) Each and any property connecting to the 6" force main requires an individual valve chamber with a flushing connection. n) An Access and Sewer Utility Easement to the Township of Howell is required for the private road known as Tice Road. 3. Upon the adoption of the within resolution, the Clerk is directed to forward a certified copy of same to the following: a) Director of Community Development b) Utilities Director c) Guarantees Coordinator d) Plumbing Sub Code Official e) Boulder Ridge at Howell, LLC, 93 Shrewsbury Avenue, Red Bank, NJ VOTE AYES NAYS ABSTAIN ABSENT DISOUALIFY Mrs. O'Donnell Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger 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 May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

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28 Mr. offered the following Resolution for adoption seconded by Mr. Resolution No. R RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL ISSUING A TEMPORARY USE PERMIT FOR KEYSTONE NOVELTIES DISTRIBUTORS, LLC IN ACCORDANCE WITH THE HOWELL TOWNSHIP ZONING BOARD OF ADJUSTMENT' S RECOMMENDATION OF MAY 7, WHEREAS, Keystone Novelties Distributors, LLC as Applicant and Howell Bowling, Inc. (Charles Anderson) as Owner are requesting a temporary use permit for the property known as Block 137, Lot 53.01, 1002 Route 9, in order to set up a 20' x 40' tent for retail sales of New Jersey Legal Sparkling Devices; and WHEREAS, the tent will be placed on site from June 15,201 8 through July 15,201 8 and June 15,20 19 through July 15, 20 19, in the location noted on the attached map with safety cones in adjacent parking spaces for safety; and WHEREAS, the sales of the Sparkling Devices will be held during the period from June 22, through July 5, and June 2 1, through July 6,20 19 with the hours of operation being 9:00 a.m. through 9:00 p.m. daily with the exception of July 3rd and 4" when the hours will be 9:00 a.m. through 1 1 :00 p.m.; and WHEREAS, the applicant also intends to utilize a generator on the site to power lights at night and will apply for the necessary permits for same; and WHEREAS, the applicant will also have one (1) 4' x 10' freestanding sign, one (1) wind flag with a maximum height of 12', along with two (2) 4' x 6' signs and one (1) 3' x 10' sign on the tent; and WHEREAS, there will be "DO NOT USE WITHIN 300 FEET" signs on all sides of the tent for safety; there will be no demonstrations of any items, and no lighting of any fuses; and WHEREAS, all items will be pre-packaged and there will be no high explosives and no mixing of chemicals on site; and WHEREAS, all items being sold will be in accordance with New Jersey State Law and the applicant agrees to be compliant with NFPA Code ; and WHEREAS, they will have a security guard on site 24 hours a day who will coordinate with the Howell Township Police Department; and WHEREAS, the applicant agrees to comply with all Zoning Board recommendations, all outside agency approvals and will also apply for a Type 1 Permit from the Fire Bureau; and

29 WHEREAS, the Zoning Board of Adjustment at its meeting of May 7, 2018 determined that said temporary use permit should be granted to the above Applicant for a period of two (2) years to permit the temporary sales of New Jersey Legal Sparkling Devices; and WHEREAS, the temporary use permit would apply to the placing of a 20' x 40' tent, generator and associated signage on the site; and WHEREAS, it is now the desire of this governing body to grant said temporary use permit in accordance with Chapter of the Township's Land Use Ordinance. NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Council of the Township of Howell hereby grants a temporary use permit for a period of two (2) years to Keystone Novelties Distributors, LLC and Howell Bowling, Inc. (Charles Anderson) for a 20' x 40' tent with generator and associated signage on premises known as Block 137, Lot , 1002 Route 9 in accordance with the Howell Township's Zoning Board of Adjustment's recommendation and the Township Land Use Ordinance. 2. That upon the adoption of the within Resolution, the Clerk is authorized to forward a duly-authenticated copy of it to the Township Engineer, Land Use Officer, Zoning Board Secretary, Keystone Novelties Distributors, LLC, the Applicant and Howell Bowling, Inc. (Charles Anderson), the Owner. VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Ms. O'Donnell Ms. Smith Mr. Walsh Deputy Mayor Nicastro Mayor Berger 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 May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

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31 Mr(s) offered the following Resolution for adoption seconded by Mr.(s) Resolution No. R RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE AND WAIVER OF THE MAINTENANCE GUARANTEE DEVELOPER: PROJECT: CASE NO.: FAILLAIMOLOTSCHKO FAILLA BLOCK LOTS & ALDRICH ROAD & JULIES WAY SD SANITARY SEWER IMPROVEMENTS WHEREAS, the above-named developer of the above-named land use development located on property known as block lots & 15.03, previously posted as a condition of the Howell Township Council 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, the developer has made a request for release of the performance guarantee which was posted as all cash in the amount of $5,073.48; and WHEREAS, the developer has further requested and agreed that Township retain $ from the all cash maintenance guarantee to be transferred to the inspection escrow accounts for this project to be distributed as follows: $ to the site inspection escrow account # and $ to the sanitary sewer inspection escrow account # ; and WHEREAS, the Division of Engineering, by performance guarantee release report dated May 8, 2018, has recommended release of the aforesaid performance guarantee with a waiver of the maintenance guarantee. NOW, THEREFORE, BE IT RESOLVED by Mayor and Township Council of the Township of Howell, County of Monrnouth, State of New Jersey as follows: 1. Failla/Molotschko is hereby granted the request for release of the aforesaid performance guarantee in accordance with the performance guarantee release report and recommendation aforesaid except that the Township shall retain $ from the all cash maintenance guarantee of which $ shall be transferred to the site inspection escrow account # and $ shall be transferred to the sanitary sewer inspection escrow account # The Township waives the maintenance guarantee requirement in accordance with the aforesaid performance guarantee release report and recommendation. 3. That said release of the performance guarantee is contingent upon the 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.

32 4. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Division of Engineering b. Guarantees Coordinator c. Chief Financial Officer d. Lydia Molotschko, 586 Spotswood-Englishtown Road, Jamesburg, NJ VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Mrs. O'Donnell Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger 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 May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

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34 Mr(s) offered the following Resolution for adoption, seconded by Mr(s) Resolution No. R A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF THE RESTORATION GUARANTEE FOR A ROAD OPENING PERMIT APPLICANT: PROJECT: LOCATION: PERMIT NO.: MARC CENTIMOLE CONCRETE APRON & SIDEWALK 18 CRESTVIEW COURT ROAD OPENING PERMIT RO WHEREAS, the above-named applicant requested release of the restoration guarantee; and WHEREAS, the applicant completed all of the work covered by Road Opening Permit RO and said work was inspected by the Division of Engineering; and WHEREAS, the Division of Engineering recommends the return of the restoration guarantee, which was posted in the amount of $2, NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: a. That a refund is authorized to be paid to the applicant in the amount of $2,500.00, plus interest if any, from escrow account The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Division of Engineering b. Guarantees Coordinator c. Chief Financial Officer d. Marc Centimole, 1200 Dahlia Court, Jackson, NJ VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Mrs. 0' Donne11 Mrs. Smith Mr. Walsh Mr. Nicastro Mayor Berger This is to certifl that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

35 TOWNSHIP OF HOWELL RESOLUTION COVER PAGE REGULAR MEETING DATE May 15,2018 AGENDA ITEM NUMBER

36 M r(s). offered the following Resolution and moved its adoption seconded by Mr(s). RESOLUTION OF THE TOWNSHIP COLlNClL OF THE TOWNSHIP OF HOWELL AWARDING A PROFESSIONAL SERVICE CONTRACT TO PS & S, THE TOWNSHIP OF HOWELL'S CONSULTING ENGINEER, FOR PROFESSIONAL ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE N.IDEP AIR PERMITTING SERVICES, NOT TO EXCEED $18, WHEREAS, the Township of Howell requires Environmental Consulting Services related to the NJDEP Air Permitting Services; and WHEREAS, funds are available and been certified certify to by the Township Chief Financial Officer for said project; and WHEREAS, this contract is being awarded as a Professional Service in accordance with the requirements of the Local Public Contracts Law and the General Provisions of the Township of Howell Ordinance ; and WHEREAS, this contract will further be based upon the proposal from PS & S, 1433 Highway 34, Suite A-4, Wall, NJ submitted on May 3, 2018, PS & S Proposal No , in the not to exceed amount of $18,700.00, for Environmental Consulting Services related to the NJDEP Air Permitting Services. NOW, 'THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Council of the Township of Howell hereby formally awards a contract to PS & S, for Environmental Consulting Services related to the NJDEP Air Permitting Services in accordance with the proposal submitted on May 3, 2018, PS & S No attached hereto and made a part hereof. 2. That this contract will be carried out in accordance with the terms of the contract for the Township of Howell Consulting Engineer for the year The amount to be expended on said project is not to exceed $18, and will be based upon the hourly rates set forth in the PS & S Consulting Hourly Rate Schedule subject to change January 1 of every year. 4. This contract is awarded without competitive bidding as a "professional service" in accordance with N.J.S.A. 40A:ll-5(l)(a) of the Local Public Contracts Law because of the specialized professional consulting engineering services required to perform said service and the General Provisions of the Township of Howell Ordinance

37 5. A Notice of this appointment shall be advertised in an official newspaper of the Township of Howell as required by law. 6. That upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the Township CFO, Purchasing Officer and PS & S. VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Nicastro Mrs. O'Donnell Mrs. Smith Mr. Walsh Mayor Berger This is to certify that the Township Co~.~ncil of the Township of Howell adopted the foregoing Resolution during a public business meeting held on May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

38 TOWNSHIP OF HOWELL RESOLUTION COVER PAGE REGULAR MEETING DATE May 15,201 8 AGENDA ITEM NUMBER

39 M r(s). offered the following Resolution and moved its adoption seconded by Mr(s). RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF 'THE TOWNSHIP OF HOWELL AWARDING A PROFESSIONAL SERVICE CONTRACT TO BORO ENGINEERING, THE TOWNSHIP OF HOWELL'S CONSULTING ENGINEER, FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES RELATED TO 'THE 2018 CAPITAL PROGRAM #I - CRANBERRY ROAD - NJDOT LOCAL AID, NOT TO EXCEED $44, WHEREAS, the Township of Howell requires Consulting Engineering Services related to the 2018 Capital Program #1 - Cranberry Road - IVJDOT Local Aid; and WHEREAS, funds are available and been certified certify to by the Township Chief Financial Officer for said project; and WHEREAS, this contract is being awarded as a Professional Service in accordance with the requirements of the Local Public Contracts Law and the General Provisions of the Township of Howell Ordinance ; and WHEREAS, this contract will further be based upon the proposal from Boro Engineering, 23 W. Larchmont Drive, Colts Neck, NJ submitted on May I I, 2018 in the not to exceed amount of $44,000.00, for Consulting Engineering Services related to the 2018 Capital Program #I - Cranberry Road - IVJDOT Local Aid. NOW, 'THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Council of the Township of Howell hereby formally awards a contract to Boro Engineering, for Consulting Engineering Services related to the 2018 Capital Program #I - Cranberry Road - NJDOT Local Aid in accordance with the proposal submitted on May 11,2018 attached hereto and made a part hereof. 2. That this contract will be carried out in accordance with the terms of the contract for the Township of Howell Consulting Engineer for the year The amount to be expended on said project is not to exceed $44, and will be based upon the hourly rates set forth in the Boro Engineering Consulting Hourly Rate Schedule subject to change January 1 of every year. 4. This contract is awarded without competitive bidding as a "professional service" in accordance with 1V.J.S.A. 40A:ll-5(l)(a) of the Local Public Contracts Law because of the specialized professional consulting engineering services required to perform said service and the General Provisions of the Township of Howell Ordinance

40 5. A Notice of this appointment shall be advertised in an official newspaper of the Township of Howell as required by law. 6. That upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the Township CFO, Purchasing Officer and Boro Engineering. VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Nicastro Mrs. O'Donnell Mrs. Smith Mr. Walsh Mayor Berger This is to certify that the Township Council of the Township of Howell adopted the foregoing Resolution during a public business meeting held on May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

41 TOWNSHIP OF HOWELL RESOLUTION COVER PAGE REGULAR MEETING DATE Mav 15,2018 AGENDA ITEM NUMBER

42 M r(s). offered the following Resolution and moved its adoption seco~ided by Mr(s). RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AWARDING A PROFESSIONAL SERVICE CONTRACT TO CME ASSOCIATES, 'THE TOWNSHIP OF HOWELL'S CONSULTING ENGINEER, FOR PROFESSIONAL CONSULTING ENGINEERING SERVICES RELATED TO THE 2018 CAPITAL PROGRAM #2 - MILL & OVERLAY, NOT TO EXCEED $42, WHEREAS, the Township of Howell requires Consulting Engineering Services related to the 2018 Capital Program #2 - Mill & Overlay; and WHEREAS, funds are available and been certified certify to by the Township Chief Financial Officer for said project; and WHEREAS, this contract is being awarded as a Professional Service in accordance with the requirements of the Local Public Contracts Law and the General Provisions of the Township of Howell Ordinance ; and WHEREAS, this contract will further be based upon the proposal from CME Associates, 1460 Route 9 South, Howell, NJ submitted on May 14, 2018, CNlE Proposal No I I, in the not to exceed amount of $42,400.00, for Consulting Engineering Services related to the 2018 Capital Program #2 - Mill & Overlay. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Council of the Township of Howell hereby formally awards a contract to CNlE Associates, for Consulting Engineering Services related to the 2018 Capital Program #2 - Mill & Overlay in accordance with the proposal submitted on May 14, 2018, CME No attached hereto and made a part hereof. 2. That this contract will be carried out in accordance with the terms of the contract for the Township of Howell Consulting Engineer for the year The amount to be expended on said project is not to exceed $42, and will be based upon the hourly rates set forth in the CME Consulting Hourly Rate Schedule subject to change January 1 of every year. 4. This contract is awarded without competitive bidding as a "professional service" in accordance with N.J.S.A. 40A:ll-5(l)(a) of the Local Public Contracts Law because of the specialized professional consulting engineering services required to perform said service and the General Provisions of the Township of Howell Ordinance

43 5. A Notice of this appointment shall be advertised in an official newspaper of the Township of Howell as required by law. 6. That upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the Township CFO, Purchasing Officer and CME Associates. VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Nicastro Mrs. O'Donnell Mrs. Smith Mr. Walsh Mayor Berger This is to certify that the Township Council of the Township of Howell adopted the foregoing Resolution during a public business meeting held on May 15, PENNY A. WOLLMAN, TOWNSHIP CLERK

44 TOWNSHIP OF HOWELL RESOLUTION COVER PAGE REGULAR MEETING DATE May 15,2018 AGENDA ITEM NUMBER

45 Mr.(s). Mr. (s) offered the following Resolution for adoption, seconded by WHEREAS, N.J.S.A. 40A: 12-13(a) authorizes a governmental unit to sell any real property, not needed for public use by open public sale at auction to the highest bidder after the required advertisements, or, in the alternative, be sold separately at public sale to the highest bidder(s), subject to the following terms and conditions hereinafter set forth pursuant to N.J.S.A. 40A:12-13; and WHEREAS, the Township of Howell is the owner of real property identified as Block 71, Lot 21 also known as 5998 Route 9 ("the Property") on the Official Tax Map of the Township of Howell; and WHEREAS, the Governing Body has determined that the Property is not needed for public use; and WHEREAS, an appraisal report prepared for the Property determined that the Property's fair market value is One Million Three Hundred Fifty-five thousand dollars and zero cents ($1,355,000.00); and WHEREAS, the Township desires to make available the real property identified as Block 71, Lot 21 also known as 5998 Route 9 ("the Property") on the Official Tax Map of the Township of Howell for public sale pursuant to 1V.J.S.A. 40A: (a); and WHEREAS, a sale of the real property referred to herein had previously been scheduled for May 21,2018; and WHEREAS, the Governing Body now wishes to change the date of the sale. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell, County of Monmouth, State of New Jersey as follows: Section 1. (a) The Governing Body hereby declares that the Property is no longer needed for public use and shall be sold in accordance with N.J.S.A. 40A:12-13(a), et seq. (b) There shall be an open public sale at auction on June 20, 2018 at 11:OO a.m., in the Main Meeting Room at the Township of Howell Municipal Building, Second Floor, 4567 Route 9 North, Howell, New Jersey 07731, where the Property shall be offered to the highest bidder pursuant to N.J.S.A. 40A:12-13(a). The minimum price for all bids shall be One Million Three Hundred Fifty-five thousand dollars and zero cents ($1,355,000.00) and the reservation price shall also be One Million Three Hundred Fifty-five thousand dollars and zero cents ($1,355,000.00). The Township hereby designates the Howell Township Purchasing Agent,

46 Estitta Bushkin or such other person as the Township Manager shall designate, to conduct the sale of the Parcel. (c) The auction shall commence bidding at the required minimum bid. (d) The Township of Howell reserves the right, in its sole discretion, to either accept or reject any bid it deems in the Township's best interest. The Township further reserves the right to reject all bids where the highest bid is not accepted. No bid shall be fully accepted until the passage of a Resolution by the Township Council as set forth herein. (e) The successful bidder shall be required to deposit ten (10%) percent of his or her bid with the Township at the time of the auction. This deposit shall be made by a certified check, money order or cash in an amount equal to at least ten (10%) percent of the accepted bid by the Township for the sale of the Property. The combined form of deposit must equal ten (10%) percent of the total sale price. All monies so received will be credited to the total sale price, with the remaining monies due on delivery of the Deed (f) The Township disclaims any and all implied warranties of habitability or usability with respect to the Parcel. The highest bidder shall purchase the Parcel is an "as is" condition, having had ample and sufficient opportunity to inspect said premises, examine its title, and review municipal ordinances and laws affecting the Parcel. No representations of any kind including, but not limited to those regarding the character, value, quality, habitability or condition thereof, including any environmental conditions, are made by the Township of Howell. The highest bidder, after closing, shall be responsible for all defects of any kind in the Parcel. This agreement shall survive the closing of title. Any description of the property is intended as a general guide only and may not be accurate. (g) Non-Refundable Deposit. The deposit made by the purchaser is non-refundable. The purchaser is not entitled to a refund of this deposit in any case and the risk of loss is on the purchaser. (h) All bidders must appear in person at the auction and any person bidding on behalf of a corporation or limited liability company must either submit a copy of a resolution of the corporation/company or a letter on corporate stationery, signed by an officer of the corporation, authorizing the bidder to bid on the property on the corporation's behalf. A person bidding on behalf of a partnership or using a trade name must submit a copy of the certificate of trade name and a letter of authorization from the other partners. No other bidder may submit a bid on behalf of another, except that a husband or wife may bid on behalf of both. (i) The successful bidder, within two weeks of the conclusion of the bidding, shall execute an Agreement of Sale. The balance of the purchase price shall be paid at closing which shall occur not later than 90 days following the acceptance of the bid by the Township. The purchaser shall be entitled to possession immediately following closing of title. The successful bidder shall pay at the time of closing: (1) The balance of the purchase price; (2) All costs associated with the sale of the property, including but not limited to, the cost of preparation of all legal documentation, survey(s), any title work, cost of advertisement of the sale and the cost of

47 recording the deeds, which deeds shall be recorded on behalf of the purchaser by the Township Attorney. ) The sale price, as may result from this auction sale, may not be used before any County Board of Taxation, State Tax Court or in any other court of this State to challenge the assessment with respect to the subject property nor may same be used as a comparable sale to challenge the assessment with regard to other properties. (k) All conveyances by the Township shall be made by quitclaim deed. (1) The highest bid shall be accepted or rejected by resolution of the Governing Body no later than the second regular meeting of the Governing Body following the date of such auction sale. to: (m) In addition to any other obligation herein, the successful bidder shall be required (1) Indemnify and hold the Township harmless from any claim whatsoever arising out of the Township's ownership interest including but not limited to environmental cleanup costs. (2) Pay prorated real estate taxes for the balance of the current year, as of the date of closing. (3) Abide by all appropriate zoning, subdivision, health and building regulations and codes and stipulations that this sale will not be used as grounds to support a challenge of the existing assessment of the subject property, nor shall the purchase price be used as a comparable sale to challenge assessments with regard to other properties. (n) A failure by the purchaser to fully comply with the terms, conditions, requirements and regulations of sale as herein contained shall be considered, at the option of the Township of Howell, as a inaterial breach of the conditions of sale whereupon the Township may declare said contract or purchase terminated and at an end. All monies paid on behalf of the purchase price, by way of deposit or otherwise, may be retained by the Township as its liquidated damages and it may thereafter resell said property andlor pursue such other and further legal andlor equitable remedies as it may have and the defaulting purchaser shall continue to remain liable for all damages and losses sustained by the Township of Howell by reason of any such default. Failure to close title as agreed shall also forfeit to the Township of Howell any and all money deposited with the Township. (0) The sale is made subject to all applicable laws and ordinances of the State of New Jersey and the Township of Howell. (p) The property is currently occupied by an unknown number of homeless individuals. The successful bidder agrees that all responsibility for relocating those individuals from this property shall be the sole responsibility of the successful bidder, and the Township