The meeting was called to order by Council President Kubiel and opened with the salute to the Flag.

Transcription

1 October 11, 2016 A Regular Meeting of the Township Council of the Township of Toms River was held in the L. Manuel Hirshblond Meeting Room, Municipal Complex, 33 Washington Street, Toms River, New Jersey at 6:00 PM. The meeting was called to order by Council President Kubiel and opened with the salute to the Flag. Council President Kubiel read the following statement pursuant meeting notice to the Open Public Meetings Act: OPEN PUBLIC MEETINGS ACT STATEMENT This meeting is convened in accordance with the provisions of the Open Public Meetings Act of New Jersey. Let the official Minutes reflect that adequate notice of this meeting has been provided by publishing a notice in the Asbury Park Press on January 8, 2016 and forwarded to the Toms River Times, Toms River Patch, and WOBM News on January 11, 2016, and thereafter posting same on the Town Hall Bulletin Board for such notices, and filing same with the Township Clerk pursuant to a resolution adopted by the Township Council on January 4, Notice was also posted on the Township Web Page. Roll Call: Council Member Carr Council Member Geoghegan Council Member Hill Council Member Maruca Council Member Wittmann Council Vice-President Manforti Council President Kubiel - Present - Present - Present - Absent - Present - Present - Present A motion was made by Council Member Hill, seconded by Council Member Manforti, and carried with Council Members Carr, Geoghegan, Hill, Manforti, Wittmann and Council President Kubiel voting yes, and with Council Member Maruca absent, to approve an excused absence for Council Member Maruca for personal reasons.. APPROVAL OF MINUTES A motion was made by Council Member Hill, seconded by Council Member Carr, and carried with Council Members Carr, Geoghegan, Hill, Manforti, and Council President Kubiel voting yes, and Council Member Maruca absent, and with Council Member Wittmann abstaining as he was absent on September 27, 2016, to approve the Minutes of the Regular Meeting of September 27, The reading of these Minutes was dispensed with, as each member of the Township Council has reviewed a certified copy hereof. HONORING RESOLUTIONS AND PRESENTATIONS A motion was made by Council Member Hill, seconded by Council Member Carr, and carried with Council Members Carr, Hill, Geoghegan, Manforti, Wittmann, and Council President Kubiel voting yes, and with Council Member Maruca absent, to make the following honoring proclamations a part of the Minutes. Mayor Kelaher presented proclamation for the Extra Mile Day. 1

2 Township of Toms River Proclamation October 11, 2016 WHEREAS, the Reentry Task Force is a non-profit organization that encourages healthy, positive attitudes and actions from individuals, organizations and cities to strive to do their very best every day especially when faced with adversity; and WHEREAS, during its campaign, the Reentry Task Force reaches out for support from Mayors country-wide to help them recognize and celebrate those citizens, businesses and organizations that have made a greater impact in personal effort, service and volunteerism within their community; and WHEREAS, declaring November 1, 2016 as Extra Mile Day in Toms River presents the opportunity for the Mayor and Council to recognize individuals and/or organizations that exemplify going above and beyond during trying times; and WHEREAS, the Reentry Task Force inspires people to commit to a better way of life and job performance and awards the most inspiring individuals throughout our country. NOW, THEREFORE, We, Mayor Thomas F. Kelaher and Council President Brian S. Kubiel of the Township of Toms River in the County of Ocean and State of New Jersey, with the full concurrence of the Township Council, join the Reentry Task Force in proclaiming November 1, 2016 as Extra Mile Day to help them spread the news and share the inspiring stories of great Americans who succeeded in going the extra mile, making a difference not only in their own lives, but in America s fabric as a whole. Mayor Thomas F. Kelaher Brian S. Kubiel Council President Alfonso J. Manforti Maurice B. Hill George E. Wittmann, Jr. Maria L. Maruca Kevin M. Geoghegan Jeffrey J. Carr Mayor Kelaher presented proclamation to Chief Mercready who was present. Chief Mercready spoke regarding fire safety. Township of Toms River 2

3 Proclamation WHEREAS, fire companies throughout Ocean County are preparing to begin October s Fire Prevention Week ; and WHEREAS, all citizens should be aware of and participate in fire prevention methods; and WHEREAS, the week of October 9 th through October 15 th 2016 is designated National Fire Prevention Week, and this year s theme is Don t Wait: Check the Date! Replace Smoke Alarms Every 10 Years ; and WHEREAS, Fire Prevention Week is observed to promote the prevention of fires due to the thousands of lives lost and damages to property caused each year by fire; and WHEREAS, in honor of Fire Prevention Week, the Bureaus of Fire Prevention throughout our nation sponsor activities to promote fire prevention through educating the public; and WHEREAS, the Mayor and the Township Council of the Township of Toms River wishes to acknowledge the importance of fire prevention and pay tribute to the efforts, expertise and dedication of all those involved with fire prevention; and WHEREAS, citizens of Toms River Township are reminded that organizing an escape plan in case a fire occurs is important and that smoke detectors do save lives. NOW, THEREFORE, We, Mayor Thomas F. Kelaher and Council President Brian S. Kubiel, of the Township of Toms River, in the County of Ocean and State of New Jersey, with full concurrence of the Township Council, do hereby declare October 9 th through October 15 th 2016 as National Fire Prevention Week and October as Fire Safety Month. Mayor Thomas F. Kelaher Brian S. Kubiel Council President Alfonso J. Manforti Maurice B. Hill George E. Wittmann, Jr. Maria E. Maruca Kevin M. Geoghegan Jeffrey J. Carr 3

4 Mayor Kelaher presented proclamation to Eagle Scout Elijah Pirl who was present and spoke regarding his project. Township of Toms River Proclamation Eagle Scout Court of Honor WHEREAS, Elijah Pirl is involved with the Boy Scout Program, currently as a member of Boy Scout Troop 20 in Toms River; and WHEREAS, Elijah Pirl has progressed through the ranks of Cub Scouts and Boy Scouts, and has achieved the rank of Eagle Scout; and WHEREAS, to achieve the rank of Eagle Scout, a scout must have a minimum of twenty-two months tenure, have earned at least seven skill awards, logged a minimum of eighteen hours community service time, served at least sixteen months as a troop leader in three of eleven leadership positions, and have amassed at least twenty-one merit badges (eleven of which are required by the Boy Scouts of America National Committee); and WHEREAS, before receiving final approval for the rank of Eagle Scout, a scout s achievements must be reviewed and approved by the Board of Review with the Council District Advancement Chairman and if approved by said Board, then all paperwork is sent to the National Headquarters in Texas for approval. All of these requirements must be completed prior to a scout s 18 th birthday; and WHEREAS, Elijah Pirl has successfully completed all requirements to receive the rank of Eagle Scout and will be honored for his achievement of acquiring Eagle Scout at the Toms River Township Council Meeting held on the 11 th day of October in the year NOW, THEREFORE, I, THOMAS F. KELAHER, Mayor of the Township of Toms River, on behalf of myself, the Township Council, and the residents of the Township of Toms River, congratulate Elijah Pirl on his achievement of becoming an Eagle Scout, and commend and applaud his commitment to the Boy Scout Program and for dedicating his time and effort for the good of his community. Mayor Thomas F. Kelaher Brian S. Kubiel Council President George E. Wittmann, Jr. Maurice B. Hill Jeffrey J. Carr Alfonso J. Manforti Maria L. Maruca Kevin M. Geoghegan Police Chief Little introduced the following new Police Officers and Mayor Kelaher Administered the Oath of Office: 4

5 Officer James Manolio Badge 418 Officer Joseph Baldasare Badge 419 Officer James Colline Badge 420 Officer Scott Devecka Badge 421 Officer Rebecca Sayegh Badge 422 J. Mark Mutter, Township Clerk read the following Ordinance of which the title only was read in full: A motion was made by Council Member Hill, seconded by Council Member Manforti, and carried that an Ordinance entitled: ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY, AMENDING AND SUPPLMENTING CHAPTER 104 (EMPLOYEE REGULATIONS AND BENEFITS) OF THE TOWNSHIP CODE TO ESTABLISH PROVISIONS GOVERNING EMPLOYEE HEALTH BENEFIT WAIVERS PURSUANT TO N.J.S.A. 40A: be taken up for further consideration, public hearing and final passage. Said ordinance was thereupon read by title only, pursuant to authority of Statutes of New Jersey, copy of said ordinance having been posted as directed by said law, whereupon Council President Kubiel announced that this was the final reading of the ordinance and asked if anyone present had anything to say in connection therewith. There was no response. On motion by Council Member Hill, seconded by Council Member Carr and carried, the public hearing was closed. Council Member Hill offered the following resolution and moved its adoption, Council Member Manforti seconded the motion: BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, as follows: 1. That the foregoing ordinance, the title of which is quoted in the title hereof, be and the same is hereby passed on second and final reading. 2. That the title and purpose of said ordinance, together with the Notice of Final Passage thereof is published in the Asbury Park Press. The foregoing Ordinance was adopted on roll call by the following vote: Council Member Carr Council Member Geoghegan Council Member Hill Council Member Maruca Council Member Wittmann Council Vice-President Manforti Council President Kubiel - Absent J. Mark Mutter, Township Clerk, announced that the Supplemental Debt Statement from the State has been received regarding the following Ordinance. J. Mark Mutter, Township Clerk read the following Ordinance of which the title only was read in full: A motion was made by Council Member Hill, seconded by Council Member Wittmann, and carried that an Ordinance entitled: AN ORDINANCE OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN, NEW JERSEY, PROVIDING FOR THE ACQUISITION OF LAND AND OTHER RELATED 5

6 EXPENSES IN AND FOR THE TOWNSHIP OF TOMS RIVER AND APPROPRIATING $900,000 THEREFOR, AND PROVIDING FOR THE ISSUANCE OF $855,000 IN GENERAL IMPROVEMENT BONDS OR NOTES OF THE TOWNSHIP OF TOMS RIVER TO FINANCE THE SAME. BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS: Section 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized to be undertaken by the Township of Toms River, in the County of Ocean, New Jersey (the "Township") as general improvements. For the improvements or purposes described in Section 3 hereof, there is hereby appropriated the sum of $900,000, including the sum of $45,000 appropriated from the Township s Open Space Trust Fund to cover the cost of the down payment required by the Local Bond Law. Section 2. In order to finance the cost of the improvements or purposes not covered by application of the down payment or otherwise provided for hereunder, negotiable bonds are hereby authorized to be issued in the principal amount of $855,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3. (a) The improvements hereby authorized and the purposes for which the bonds are to be issued is the acquisition of real property in the Township for open space purposes commonly known as 1270 Cox Cro Road and designated on the municipal tax map as Block 169 Lot 2, and including all rights or interests therein, and all work and services necessary therefor or incidental thereto. (b) The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is as stated in Section 2 hereof. (c) The estimated cost of improvements or purposes is equal to the amount of the appropriation herein made therefor. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with notes issued pursuant to this bond ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8(a). The chief financial officer is hereby authorized to sell part or all of the notes from time to time, at not less than par and accrued interest, at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser. Section 5. The capital budget or temporary capital budget (as applicable) of the Township is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. In the event of any such inconsistency and amendment, the resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget amended temporary capital budget (as applicable) and capital program as approved by the Director of the Division of Local Government Services is on file with the Township Clerk and is available there for public inspection. Section 6. The following additional matters are hereby determined, declared, recited and stated: (a) The improvements or purposes described in Section 3 of this bond ordinance are not a current expense. They are improvements or purposes the Township may lawfully undertake as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby. (b) The period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 40 years. 6

7 (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $855,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law. (d) An aggregate amount not exceeding $155,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purposes or improvements. (e) The Township reasonably expects to commence acquisition and/or construction of the project described in Section 3 hereof, and to advance all or a portion of the costs in respect thereof, prior to the issuance of bonds or notes hereunder. To the extent such costs are advanced, the Township further reasonably expects to reimburse such expenditures from the proceeds of the bonds or notes authorized by this bond ordinance, in an aggregate not to exceed the amount of bonds or notes authorized in Section 2 hereof. Section 7. Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements or to payment of the obligations issued pursuant to this bond ordinance. The amount of obligations authorized hereunder shall be reduced to the extent that such funds are so used. Section 8. The full faith and credit of the Township is hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount. Section 9. The Township hereby covenants to take any action necessary or refrain from taking such action in order to preserve the exclusion from gross income of interest on the bonds and notes authorized hereunder which are issued as tax-exempt bonds as is or may be required under the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the "Code"), including compliance with the Code with regard to the use, expenditure, investment, timely reporting and rebate of investment earnings as may be required thereunder. To the extent the Township incurs any costs relating to the purposes described in Section 3, the Township hereby declares its official intent to reimburse itself from the proceeds of such bonds or notes. Section 10. To the extent that any previous ordinance or resolution is inconsistent herewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended to the extent necessary to make it consistent herewith. Section 11. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. NOTICE OF PENDING BOND ORDINANCE PUBLIC NOTICE IS HEREBY GIVEN that the foregoing bond ordinance was duly introduced and passed upon first reading at a regular meeting of the Township Council of the Township of Toms River, in the County of Ocean, New Jersey, held on September 27, Further notice is hereby given that said bond ordinance will be considered for final passage and adoption, after public hearing thereon, at a regular meeting of said Township Council to be held in the Municipal Offices, 33 Washington Street, Toms River, New Jersey on October 11, 2016 at 6:00 p.m., and during the week prior to and up to and including the date of such meeting, copies of said bond ordinance will be made available at the Township Clerk's office in the Municipal Offices to the members of the general public who shall request the same. J. Mark Mutter, Township Clerk NOTICE OF ADOPTION OF BOND ORDINANCE 7

8 PUBLIC NOTICE IS HEREBY GIVEN that the bond ordinance published herewith has been finally adopted by the Township Council of the Township of Toms River, in the County of Ocean, New Jersey on October 11, 2016 and the 20-day period of limitation within which a suit, action or proceeding questioning the validity of such bond ordinance can be commenced, as provided in the Local Bond Law, has begun to run from the date of the first publication of this notice. J. Mark Mutter, Township Clerk be taken up for further consideration, public hearing and final passage. Said ordinance was thereupon read by title only, pursuant to authority of Statutes of New Jersey, copy of said ordinance having been posted as directed by said law, whereupon Council President Kubiel announced that this was the final reading of the ordinance and asked if anyone present had anything to say in connection therewith. Judy Bissey spoke regarding Ordinance and supported preserving the property. Stephanie Douranakis spoke regarding the Ordinance and supported it for open space or a park. Gerald Sacca spoke regarding the Ordinance and supported preserving the property. Ian Sloan spoke regarding the Ordinance and supported the property s acquisition. On motion by Council Member Wittmann, seconded by Council Member Geoghegan and carried, the public hearing was closed. Council Member Hill offered the following resolution and moved its adoption, Council Member Wittmann seconded the motion: BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, as follows: 1. That the foregoing ordinance, the title of which is quoted in the title hereof, be and the same is hereby passed on second and final reading. 2. That the title and purpose of said ordinance, together with the Notice of Final Passage thereof is published in the Asbury Park Press. The foregoing Ordinance was adopted on roll call by the following vote: Council Member Carr Council Member Geoghegan Council Member Hill Council Member Maruca Council Member Wittmann Council Vice-President Manforti Council President Kubiel - Absent J. Mark Mutter, Township Clerk read the following Ordinance of which the title only was read in full: A motion was made by Council Member Hill, seconded by Council Member Carr, and carried that an Ordinance entitled: ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY, AUTHORIZING THE ACQUISITION BY PURCHASE OR EMINENT DOMAIN, OF REAL PROPERTY KNOWN AS BLOCK 169, LOT 2 (1270 COX CRO ROAD), ON THE OFFICIAL TAX MAP OF THE TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY 8

9 be taken up for further consideration, public hearing and final passage. Said ordinance was thereupon read by title only, pursuant to authority of Statutes of New Jersey, copy of said ordinance having been posted as directed by said law, whereupon Council President Kubiel announced that this was the final reading of the ordinance and asked if anyone present had anything to say in connection therewith. Judy Bissey spoke regarding the acquisition of the property. On motion by Council Member Hill, seconded by Council Member Manforti and carried, the public hearing was closed. Council Member Hill offered the following resolution and moved its adoption, Council Member Carr seconded the motion: BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, as follows: 1. That the foregoing ordinance, the title of which is quoted in the title hereof, be and the same is hereby passed on second and final reading. 2. That the title and purpose of said ordinance, together with the Notice of Final Passage thereof is published in the Asbury Park Press. The foregoing Ordinance was adopted on roll call by the following vote: Council Member Carr Council Member Geoghegan Council Member Hill Council Member Maruca Council Member Wittmann Council Vice-President Manforti Council President Kubiel - Absent Council Member Manforti introduced the following Ordinance of which the title only was read in full: ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY AMENDING AND SUPPLEMENTING SECTION OF CHAPTER 287 (FEES) OF THE TOWNSHIP CODE, TO ESTABLISH A FEE FOR THE PURCHASE OF A TOWNSHIP 2017 ANNIVERSARY CALENDAR IN THE AMOUNT OF $5.00 BE IT ORDAINED by the Township Council of the Township of Toms River, in the County of Ocean, and State of New Jersey, as follows: 1. Section (Fee for purchase of merchandise) of Chapter 287 (Fees) of the Code of the Township of Toms River, New Jersey, is amended and supplemented to add subsection C, to read as follows: C. Township 2017 Anniversary Calendar: $5. 2. All ordinances or parts of ordinances which are inconsistent herewith are repealed, but only to the extent of such inconsistency. All other parts of Chapter 287 of the Code of the Township of Toms River not inconsistent herewith are ratified and confirmed. 3. If any part or parts of this Ordinance are for any reason held to be invalid, such adjudication shall not affect the validity of the remaining portions of this Ordinance. 4. This ordinance shall take effect following its final passage by the Township Council, approval by the Mayor, and twenty days after publication as required by law. 9

10 A motion was made by Council Member Manforti, seconded by Council Member Carr, and carried with Council Members Carr, Geoghegan, Hill, Manforti, Wittmann, voting yes, and with Council Member Maruca absent, that the foregoing Ordinance be adopted on first reading with publication notice as follows: NOTICE NOTICE IS HEREBY GIVEN that the ordinance published herewith was introduced and passed upon first reading at a meeting of the Township Council of the Township of Toms River, in the County of Ocean, New Jersey, held on October 11, 2016 at 6:00 p.m. It will be further considered for final passage at a public meeting to be held in the L. Manuel Hirshblond Meeting Room of the Municipal Building in said Township on October 25, 2016 at 6:00 p.m., or as soon thereafter as this matter can be reached, at which time all persons interested shall be given an opportunity to be heard concerning this ordinance. Prior to the second reading, a copy of this ordinance shall be posted on the bulletin board in the Municipal Building and copies shall be made available at the Township Clerk s office in said Municipal Building to members of the general public who shall request such copies. APPROVED AS TO FORM: KENNETH B. FITZSIMMONS TOWNSHIP ATTORNEY MUNICIPAL BUILDING 33 WASHINGTON STREET TOMS RIVER, NJ J. MARK MUTTER TOWNSHIP CLERK This ordinance title and purpose, together with notice, shall be published in the Asbury Park Press in the issue of Friday, October 14, Ordinance was adopted on first reading with Council Members Carr, Geoghegan, Hill, Manforti, Wittmann, and Council Member Kubiel voting yes, and with Council Member Maruca absent. CONSENT AGENDA Council President Kubiel announced the consideration of the Consent Agenda and noted if anyone had a desire to discuss an individual item it would be removed from the Consent Agenda. A motion was made by Council Member Manforti, seconded by Council Member Hill, and carried with Council Members Carr, Geoghegan, Hill, Kubiel, Manforti, Geoghegan, Wittmann, and Council President Kubiel voting yes, and with Council Member Maruca absent, to approve all the following items listed on the Consent Agenda, except item Q, which was done separately. OCTOBER 11, 2016 RESOLUTION WHEREAS, THE FOLLOWING PROPERTY IN THE TOWNSHIP OF TOMS RIVER KNOWN AS BLOCK LOT 38 LOCATED AT 229 SOUTH SHORE DRIVE HAD A DAV EXEMPTION STATUS ON THE PROPERTY. THIS DEDUCTION, HOWEVER WAS ERRONEOUSLY REMOVED FOR THE TAX YEAR, AND; 10

11 WHEREAS, THIS PROPERTY WAS ERRONEOUSLY BILLED FOR AUGUST AND NOVEMBER 2016, MUST NOW BE REMOVED, AND; WHEREAS, THIS PROPERTY IS TO BE REINSTATED AS DAV EXEMPTION STATUS FOR 2017; NOW, THEREFORE BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY AS FOLLOWS; 1. BLOCK AND LOT 38, HOMEOWNER JOHN ONGRADY, 2016 TAXES FOR AUGUST AND NOVEMBER WILL HEREBY BE CANCELLED. 2. TOWNSHIP CLERK SHALL SEND A COPY OF THIS RESOLUTION TO THE TOWNSHIP AUDITOR, TOWNSHIP CHIEF FINANCIAL OFFICER, TAX ASSESSOR, TAX COLLECTOR, AND THE LAW DEPARTMENT. APPROVED AS TO CONTENT: R E S O L U T I O N OCTOBER 11, 2016 WHEREAS, AN OVERPAYMENT OF TAXES HAS APEARED ON THE FOLLOWING PROPERTY(IES) FOR THE YEAR (S) INDICATED, DUE TO PROPERTY(IES) HAVE BECOME DAV EXEMPT AND; WHEREAS, the party or parties have shown proof of payment and/or have executed an affidavit for same, and; WHEREAS, the party or parties have delivered to the municipality and executed voucher for same. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, AS FOLLOWS: 1. A refund shall be processed to party or parties to wit as follows: NAME BLOCK LOT Qual,Year Amount / KEATING, ROBERT 2016/ MCMAHON, ANGELA & JAMES / / / TOTALS: $2, Township Clerk shall send a copy of this resolution to Township Auditor, Township Chief Financial Officer and Tax Collector. 11

12 Approved as to content: R E S O L U T I O N OCTOBER 11, 2016 WHEREAS, AN OVERPAYMENT OF TAXES HAS APEARED ON THE FOLLOWING PROPERTY(IES) FOR THE YEAR (S) INDICATED, DUE TO THE NJ HOMESTEAD REBATE WAS APPLIED TO THE ACCOUNT, AND THE HOMEOWNER IS A DAV EXEMPT AND IS EXEMPT FROM PAYING PROPERTY TAXES. THE MONIES MUST NOW BE REFUNDED TO THE HOMEOWNER, AND; WHEREAS, the party or parties have shown proof of payment and/or have executed an affidavit for same, and; WHEREAS, the party or parties have delivered to the municipality and executed voucher for same. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, AS FOLLOWS: 1. A refund shall be processed to party or parties to wit as follows: NAME BLOCK LOT Qual,Year Amount PUCCERELLA, ANTHONY / Township Clerk shall send a copy of this resolution to Township Auditor, Township Chief Financial Officer and Tax Collector. Approved as to content: R E S O L U T I O N OCTOBER 11, 2016 WHEREAS, AN OVERPAYMENT OF TAXES HAS APEARED ON THE FOLLOWING PROPERTY(IES) FOR THE YEAR (S) INDICATED, DUE TO A DUPLICATE TAX PAYMENT(S) AND OR ERRONEOUS TAX PAYMENT(S). AND; WHEREAS, the party or parties have shown proof of payment and/or have executed an affidavit for same, and; WHEREAS, the party or parties have delivered to the municipality and executed voucher for same. 12

13 NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, AS FOLLOWS: 1. A refund shall be processed to party or parties to wit as follows: NAME BLOCK LOT Qual,Year Amount CORELOGIC SERVICES, LLC /3 24, CORELOGIC SERVICES, LLC ATTN: KATHY BISHOP / TOTALS: $25, Township Clerk shall send a copy of this resolution to Township Auditor, Township Chief Financial Officer and Tax Collector. Approved as to content: R E S O L U T I O N OCTOBER 11, 2016 WHEREAS, AN OVERPAYMENT OF TAXES HAS APEARED ON THE FOLLOWING PROPERTY(IES) FOR THE YEAR (S) INDICATED, DUE TO A NEW JERSEY STATE TAX APPEALS, AND; WHEREAS, the party or parties have shown proof of payment and/or have executed an affidavit for same, and; WHEREAS, the party or parties have delivered to the municipality and executed voucher for same. NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY, AS FOLLOWS: 1. A refund shall be processed to party or parties to wit as follows: NAME BLOCK LOT Qual,Year Amount PRESIDENTIAL NOWELL PA /

14 2013/ / / TERRACE VIEW APARTMENTS, LLC / / / / TOTALS: $72, Township Clerk shall send a copy of this resolution to Township Auditor, Township Chief Financial Officer and Tax Collector. Approved as to content: RESOLUTION AMENDING BUDGET REVENUES AND APPROPRIATIONS FOR DATA DRIVEN APPROACHES TO CRIME AND TRAFFIC SAFETY (DDACTS) GRANT October 11, 2016 WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, the Township has received a grant from the Data Driven Approaches to Crime and Traffic Safety (DDACTS) Grant and wishes to amend its 2016 Budget to include a portion of this amount as revenue. NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Toms River, County of Ocean, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2016 Budget the sum of $25, which is now available as revenue from: Miscellaneous Revenues - Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services -Public and Private Revenues Offset with Appropriations: Data Driven Approaches to Crime and Traffic Safety (DDACTS) Grant, $25, pursuant to the provisions of the Statute, and BE IT FURTHER RESOLVED that a like sum of $25, be and the same is hereby appropriated under the caption of: General Appropriations: 14

15 (A) Operations - Excluded from "CAPS" Public and Private Programs Off-Set by Revenues: Data Driven Approaches to Crime and Traffic Safety (DDACTS) Grant.$25, BE IT FURTHER RESOLVED that the Township Clerk forward copies of this resolution to the following: A) Division of Local Government Services (done electronically) B) Chief Financial Officer C) Township Auditor D) Grant Manager E) Police Department Approved as to Content: RESOLUTION AMENDING BUDGET REVENUES AND APPROPRIATIONS FOR TOMS RIVER POLICE DEPARTMENT STEP GRANT October 11, 2016 WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, the Township has received a grant from the State of New Jersey, Department of Law and Public Safety, Division of Highway Traffic Safety, Toms River Police Department STEP Grant and wishes to amend its 2016 Budget to include a portion of this amount as revenue. NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Toms River, County of Ocean, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2016 Budget the sum of $80, which is now available as revenue from: Miscellaneous Revenues - Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services -Public and Private Revenues Offset with Appropriations: Toms River Police Department STEP Grant. $80, pursuant to the provisions of the Statute, and BE IT FURTHER RESOLVED that a like sum of $80, is and the same is hereby appropriated under the caption of: General Appropriations: (A) Operations - Excluded from "CAPS" Public and Private Programs Off-Set by Revenues: Toms River Police Department STEP Grant. $80, BE IT FURTHER RESOLVED that the Township Clerk forward copies of this resolution to the following: A) Division of Local Government Services (done electronically) 15

16 B) Chief Financial Officer C) Township Auditor D) Grant Manager E) Police Department Approved as to Content: RESOLUTION AMENDING BUDGET REVENUES AND APPROPRIATIONS FOR 2016 DDEF GRANT October 11, 2016 WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, the Township has received a grant from the State of New Jersey, Department of Law & Public Safety, Division of Hwy Traffic Safety, 2016 Drunk Driving Enforcement Fund (DDEF) and wishes to amend its 2016 Budget to include a portion of this amount as revenue. NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Toms River, County of Ocean, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2016 Budget the sum of $26, which is now available as revenue from: Miscellaneous Revenues - Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services -Public and Private Revenues Offset with Appropriations: 2016 Drunk Driving Enforcement Fund (DDEF). $26, pursuant to the provisions of the Statute, and BE IT FURTHER RESOLVED that a like sum of $26, is and the same is hereby appropriated under the caption of: General Appropriations: (A) Operations - Excluded from "CAPS" Public and Private Programs Off-Set by Revenues: 2016 Drunk Driving Enforcement Fund (DDEF). $26, BE IT FURTHER RESOLVED that the Township Clerk forward copies of this resolution to the following: A) Division of Local Government Services (done electronically) B) Chief Financial Officer C) Township Auditor D) Grant Manager E) Police Department Approved as to Content: RESOLUTUION OF THE TOWNSHIP COUNCIL, TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY, APPROVING A SETTLEMENT 16

17 AGREEMENT IN LIBERTARIANS FOR TRANSPARENT GOVERNMENT V. TWP. OF TOMS RIVER, ET AL., DOCKET NO. OCN-L OCTOBER 11, 2016 WHEREAS, on or about January 30, 2015, Plaintiff, Libertarians or Transparent Government, instituted litigation against the Township in the Superior Court of New Jersey, Law Division, under Docket Number OCN-L , challenging denial of a request pursuant to the Open Public Records Act ( OPRA ) and an award of attorneys fees pursuant to N.J.S.A. 47:1A-6; and WHEREAS, the parties reached a compromise on both issues which significantly reduces the Township s overall monetary exposure without further judicial proceedings; and WHEREAS, to that end, the parties have negotiated a settlement agreement, attached as Schedule A hereto whereby the Township will pay the sum of $1,500 in exchange for dismissal of the complaint and a full and final release of all claims arising out of the allegations set forth in the complaint; and WHEREAS, the Township Council finds that, although this matter highlights several flaws in OPRA which should be rectified by legislation, it is nevertheless in the best interests of the Township to enter into the settlement to avoid any further financial exposure: NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Toms River, Ocean County, New Jersey, as follows: 1. The settlement agreement reached in Libertarians for Transparent Government v. Township of Toms River, et al., Docket No. OCN-L , attached as Schedule A hereto, is hereby approved. 2. The Mayor is hereby authorized to execute and the Township Clerk to attest to the settlement agreement. The Township Attorney s office shall take all necessary measures to formalize the settlement and secure dismissal of the complaint. 3. A copy of the fully-executed settlement agreement shall remain on file in the Office of the Township Clerk. 4. Certified copies of the this resolution and the fully-executed settlement agreement shall be provided to the following parties: a. Business Administrator b. Chief Financial Officer c. Township Attorney d. Walter Luers, Esq. 122 West Main Street, Suite 2 Clinton, New Jersey Counsel for Plaintiff SCHEDULE A SEE ATTACHMENTS 17

18 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY, AUTHORIZING THE SECOND AND FINAL EXTENSION OF AN OPEN-ENDED, ONE (1) YEAR CONTRACT WITH GARDEN STATE HIGHWAY PRODUCTS, INC., FOR THE SUPPLY OF TRAFFIC SIGN MATERIALS, THROUGH DECEMBER 9, 2017 OCTOBER 11, 2016 WHEREAS, resolution of the Township Council dated December 9, 2014 authorized the award of a contract for the Supply of Traffic Sign Materials to Garden State Highway Products, Inc., for a one (1) year term, effective from December 10, 2014 through December 9, 2015; and WHEREAS, resolution of the Township Council dated October 27, 2015, authorized the first extension of the contract with Garden State Highway Products, Inc., for the Supply of Traffic Sign Materials, effective through December 9, 2016, under the same terms and conditions; and WHEREAS, the terms of the original contract award included the provision authorized pursuant to N.J.S.A. 40A:11-15 (45), which allows for the contract to be extended for up to two (2) additional one (1) year terms upon expiration of the original contract, or one (1) additional two-year term; and WHEREAS, Garden State Highway Products, Inc., has agreed to extend their current contract for the Supply of Traffic Sign Materials for a one (1) year term, through December 9, 2017, under the same terms and conditions as the original contract; and WHEREAS, it is in the best interest of the Township to extend the contract with Garden State Highway Products, Inc., pursuant to the Local Public Contracts Law, for a second and final extension of the contract for the Supply of Traffic Sign Materials, for a an additional one (1) year period, through December 9, 2017, under the same terms and conditions as the original contract : NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Toms River, in the County of Ocean, and State of New Jersey, as follows: 1. It hereby authorizes the second and final extension of the contract with Garden State Highway Products, Inc., for the Supply of Traffic Sign Materials, for a one (1) year period through December 9, 2017, under the same terms and conditions as the original contract. 2. This will be an open-ended contract extension with funds being encumbered each time an order is placed, contingent upon the availability of funds in the appropriate municipal budget. The certification of funds available statement with respect to this resolution is on file in the Office of the Township Clerk. The extension of this contract is subject to all the terms and conditions of the original contract. 3. A certified copy of this resolution shall be provided by the Office of the Township Clerk to each of the following: a) Purchasing Division b) Chief Financial Officer c) Township Attorney d) Public Works Department e) Garden State Highway Products, Inc E. Oak Road Vineland, NJ CERTIFICATION THIS IS TO CERTIFY that the funds for the open-ended, second and final one year extension of the contract with Garden State Highway Products, Inc., are available contingent upon the availability of funds in the appropriate municipal budget: 18

19 More specifically, the actual encumbrance of the funds will be based upon the approval of fully executed purchase orders by the Chief Financial Officer. Said purchase orders will encumber the funds for the affected account at that time. Dated: October 11, 2016 CHRISTINE MANOLIO CHIEF FINANCIAL OFFICER RESOLUTION AUTHORIZING THE TOWNSHIP OF TOMS RIVER TO APPLY FOR, AND ROBERT J. CHANKALIAN, TOWNSHIP ENGINEER, TO EXECUTE AN OCEAN COUNTY SOIL CONSERVATION DISTRICT SOIL EROSION AND SEDIMENT CONTROL PLAN CERTIFICATION APPLICATION FORM AND ADDENDUM TO APPLICATION, FOR THE HUDDY PARK IMPROVEMENTS PROJECT, BLOCKS 667; 668, LOTS 1; 1, 9 & 23 (EAST WATER STREET & ROBBINS PARKWAY), IN THE TOWNSHIP OF TOMS RIVER, AND AUTHORIZING PAYMENT OF THE REQUIRED CERTIFICATION FEE IN THE AMOUNT OF $2, OCTOBER 11, 2016 BE IT RESOLVED by the Township Council of the Township of Toms River, in the County of Ocean, and State of New Jersey, as follows: 1. Robert J. Chankalian, Township Engineer, is authorized to apply for, and execute an Ocean County Soil Conservation District Soil Erosion and Sediment Control Plan Certification Application and Addendum to Application, for the Huddy Park Improvements Project, Blocks 667; 668, Lots 1; 1, 9, & 13 (East Water Street & Robbins Parkway), in the Township of Toms River, New Jersey. The area of disturbance has exceeded 5,000 s.f. 2. Payment of the required Certification Fee in the amount of $2, is available in Account No. X The certification of funds available statement with respect to this resolution is on file in the Office of the Township Clerk. 3. A certified copy of this resolution shall be provided by the Office of the Township Clerk to each of the following: a) Township Attorney b) Chief Financial Officer c) Township Engineer d) Purchasing Division e) Ocean County Soil Conservation District 714 Lacey Road Forked River, NJ f) French & Parrello Associates 1800 Route 34, Suite 101 Wall, NJ CERTIFICATION THIS IS TO CERTIFY that the funds for the Certification Fee with reference to the Ocean County Soil Conservation District Soil Erosion and Sediment Control Plan Certification Application and Addendum, for the Huddy Park Improvements Project in the total maximum amount of $2,775.00, are available in Account No. X More specifically, the actual encumbrance of the funds will be based upon the approval of a fully executed purchase order by the Chief Financial Officer. Said purchase order will encumber the funds for the affected account at that time. 19

20 CHRISTINE J. MANOLIO CHIEF FINANCIAL OFFICER Dated: October 11, 2016 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY, AUTHORIZING ADDITIONAL FUNDING FOR THE GILFORD PARK BOAT RAMP DESIGN PROJECT, WITH T&M ASSOCIATES, FOR AN ADDITIONAL FEE AMOUNT OF $4,900.00, AND AUTHORIZING REVISED SCOPE OF WORK AND FEE ESTIMATE TO ADDRESS RECENT NJDEP COORDINATION AND RESPONSE MEETING, (ORIGINAL FEE FOR THIS PROJECT WAS $90,450.00), TOTAL REVISED AMOUNT FOR THIS PROJECT NOT TO EXCEED $95, OCTOBER 11, 2016 WHEREAS, by resolution of the Township Council dated March 24, 2015, T&M Associates was authorized to be placed on an approved list for the calendar year 2015 to render services for inspection and general engineering services commencing April 2, 2015 up to and including December 31, 2015; and WHEREAS, T&M Associates was retained for the Gilford Park Boat Ramp Project to provide permitting and design services for a pedestrian boardwalk, access and road and public boat ramp to provide access to Dillon s Creek, in accordance with their proposal dated March 31, 2015, in the total estimated fee of $81,500.00, and in accordance with the 2015 Toms River Township Rate Schedule; and WHEREAS, T&M Associates was authorized to perform additional professional services for the Gilford Park Public Boat Ramp Project, for the submission of a CAFRA permit application, in the additional amount of $8,950.00, as per their Additional Services Proposal dated October 1, 2015, in accordance with the 2015 Toms River Township Rate Schedule; and WHEREAS, by resolution of the Township Council dated March 8, 2016, T&M Associates was authorized to be placed on an approved list for the calendar year 2016 to render services for inspection and general engineering services commencing April 1, 2016 up to and including December 31, 2016; and WHEREAS, T&M concluded a meeting with the NJDEP Deputy Commissioner in connection with this project. The meeting was convened in order to review the NJDEP s concerning regarding the environmental aspects of the permit; and WHEREAS, T&M Associates submitted a proposal dated September 26, 2016 to perform additional professional services for the Gilford Park Boat Ramp Project, in the additional amount of $4,900.00, in accordance with the Township s standard 2016 fee schedule, for additional fee for permitting services, per NJDEP, as follows: Principal Engineer Project Manager (PE) Design Engineer (EIT) Design Engineer Professional Land Surveyor (PLS) (As a principal or partner) Professional Land Surveyor (PLS) (As an associate) Senior Designer Computer Technician Engineering Technician Survey Technician Senior CADD Operator 20 $148.00/hr. $128.00/hr. $107.00/hr. $ 97.00/hr. $133.00/hr. $112.00/hr. $ 77.00/hr. $ 77.00/hr. $ 77.00/hr. $ 66.00/hr. $ 77.00/hr.

21 CADD Operator Field Survey Crew Senior Inspector Inspector Level 1 Inspector Level 2 Secretary/Clerical Delivery Prints Mylars Cloths Subcontract Services Expenses $ 61.00/hr. $138.00/hr. $ 87.00/hr. $ 51.00/hr. $ 71.00/hr. $ 33.00/hr. $ 33.00/hr. $ 0.25/sq.ft. $ 1.53/sq.ft. $ 2.10/sq.ft. 120% of cost At cost; and WHEREAS, the T&M Associates Additional Services - NJDEP Coordination and Response Scope of Work and Fee Estimate Proposal has been reviewed by the Township Engineer, and recommendation has been made to authorize additional services, in the additional amount of $4,900.00, for a total maximum revised amount not to exceed $95,350.00; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Toms River, in the County of Ocean, and State of New Jersey, as follows: 1. It hereby authorizes Additional Services - NJDEP Coordination and Response amendment to the Gilford Park Boat Ramp Design Project with T&M Associates, to address the NJDEP s concern regarding the environmental aspects of the permit additional fee for permitting services, in the amount of $4,900.00, in accordance with T&M Associate s Proposal dated September 26, 2016, for a total maximum revised amount for the project not to exceed fee estimate of $95, A copy of the Proposal is on file in the Office of the Township Clerk. 2. Funds for the additional amount of $4,900.00, are available in Account No. X The certification of funds available statement with respect to this resolution is on file in the Office of the Township Clerk. 3. A certified copy of this resolution shall be provided by the Office of the Township Clerk to each of the following: a) Purchasing Division b) Chief Financial Officer c) Township Attorney d) Township Engineer e) T&M Associates 11 Tindall Road Middletown, NJ Attn: Stephen J. Schreiber, P.E., C.M.E. Vice President, Department Manager f) T&M Associates 9 Grand Avenue Building #1 Attn: Stephen J. Schreiber, P.E., C.M.E. Vice President, Department Manager CERTIFICATION THIS IS TO CERTIFY that the funds for the additional fee for permitting in connection with the Gilford Park Boat Ramp Design Study Project, with T&M Associates, for the additional revised fee of $4,900.00, are available in Account No. X Total maximum contract amount not to exceed $95, More specifically, the actual encumbrance of the funds will be based upon the approval of fully executed purchase orders by the Chief Financial Officer. Said purchase orders will encumber the funds for the affected account at that time. 21