HELD ITS (EXECUTIVE SESSION) MEETING IN THE MUNICIPAL BUILDING

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1 ON TUESDAY, MAY , AT 7:30 P.M. THE JACKSON TOWNSHIP COUNCIL HELD ITS (EXECUTIVE SESSION) MEETING IN THE MUNICIPAL BUILDING ROLL CALL: COUNCILMAN CALOGERO COUNCILMAN MARTIN COUNCILMAN NIXON COUNCIL VICE PRESIDENT UPDEGRAVE COUNCIL PRESIDENT BRESSI ATTORNEY CIPRIANI DEPUTY CLERK KISTY ALSO IN ATTENDANCE: BUSINESS ADMINISTRATOR SCHLEGEL JOHN MACZUGA AFFORDABLE HOUSING PLANNER FOR JACKSON TOWNSHIP As Clerk of this meeting, I publicly announce that in compliance with the provisions of the Open Public Meetings Act adequate notice of this meeting of the Jackson Township Council has been advertised in the manner prescribed by law. RESOLUTION 194 R-17 NOT USED. ON TUESDAY, MAY 23, 2017, AT 7:30 P.M. THE JACKSON TOWNSHIP COUNCIL HELD ITS REGULARLY SCHEDULED TOWNSHIP COUNCIL MEETING IN THE MAIN MEETING ROOM OF THE MUNCIPAL BUILDING (NO EXECUTIVE SESSION MEETING WAS HELD THIS DATE) PLEDGE OF ALLEGIANCE COUNCIL PRESIDENT BRESSI - I have some sad news, a 15 year old High school student was killed in an automobile accident this week and passed away today. It was a horrific accident that occurred in Manchester. Memorial Day is upon us and I would like you to reflect on all the Veterans who serve and have served. Memorial Day is a day to thank Veterans for their supreme sacrifice and to consider the 2 million Veterans who have served for our the freedoms. Memorial Day is a specific day to reflect on those who have served and are serving for all the freedoms that we have today. ROLL CALL: COUNCILMAN CALOGERO COUNCILMAN MARTIN COUNCILMAN NIXON COUNCIL VICE PRESIDENT UPDEGRAVE COUNCIL PRESIDENT BRESSI ATTORNEY CIPRIANI DEPUTY CLERK KISTY ALSO IN ATTENDANCE: BUSINESS ADMINISTRATOR SCHLEGEL JOHN MACZUGA AFFORDABLE HOUSING PLANNER FOR JACKSON TOWNSHIP As Clerk of this meeting, I publicly announce that in compliance with the provisions of the Open Public Meetings Act adequate notice of this meeting of the Jackson Township Council has been advertised in the manner prescribed by law. COUNCILMAN CALOGERO Thank you for attending the meeting.waived comments. COUNCILMAN MARTIN Thank you for attending the meeting. Waived comments. COUNCILMAN NIXON Thanked Councilman Bressi for expressing the importance of Memorial Day and before this meeting they spoke about his service to our country, which is also the same of discussion he had with his own father, who also served at the same time period as

2 Jackson Township Council Meeting of May 23, 2017 Page 2 of 29 Councilman Bressi. It is important to continue to honor the service of our Veterans and prolong the memory of how they made our country great. COUNCIL VICE PRESIDENT UPDEGRAVE Thanked Councilman Bressi for bringing to light what occurred this week. This week was tough especially for those who have children. If you have a chance to attend Memorial Day services please feel free to do so. Jackson Township offers Memorial Day services and they are held at the Justice Complex. Have a safe drive home. COUNCIL PRESIDENT BRESSI waived comments. APPROVE EXECUTIVE SESSION MEETING MINUTES: MAY 9, 2017 MOTION TO APPROVE BY: CALOGERO SECONDED BY: MARTIN ORDINANCES, SECOND READING: ORDINANCE: TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 244 OF THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, ENTITLED LAND USE AND DEVELOPMENT REGULATIONS CHAPTER ENTITLED RG-2 REGIONAL GROWTH ZONE, CHAPTER ENTITLED RG-3 REGIONAL GROWTH ZONE AND CHAPTER ENTITLED USE OF PINELANDS DEVELOPMENT CREDITS PUBLIC HEARING OPENED: Eleanor Hannum- 7 Evergreen Court - She questioned the Ordinance pertaining to the RG2 zone. Ms.Hannum verified with the council that Jackson would benefit from these credits. Attorney Cipriani responded by stating that the creation of the PDC s program makes development less attractive to the land owners due to the additional costs. Ms. Hannum specifically mentioned the RG2 zone is owned by Randy Johnson and he plans to develop that property. She wanted the number of units he is allowed to build on the Grawtown property. Attorney Cipriani and Councilman Bressi stated the application indicates he is building 493 units in that zone. Ms. Hannum asked how many units will be developed under this new proposal. Attorney Cipriani responded that she was not sure of the exact amount of units. Mr. Maczuga stated the developer had approval for this site and it would be unusual for the developer to modify his plans. The developer has to purchase those credits in order to develop in that zone. Ms. Hannum has a problem with rezoning the RG2 zone area for multiple units per acre. She communicated that she called the Pinelands Commission and was told that Jackson Township would not benefit from the Pineland development. Our current Ordinance allows the owner to build 2 homes on 2 acres. Under the new regulations the land owner would be allowed to build 2 homes per acre and then he would have to purchase a quarter credit from the Pinelands Commission. Mr. Maczuga agreed that Ms. Hannum is correct. She said if the Ordinance is approved, he would not have to purchase any credits from the Pinelands Commission. Ms. Hannum said that the owner would not have to purchase any credits per acre and he would be able to create a higher density. Ms. Hannum said that someone at the Pinelands Commission provided this information. If these changes occur then the developer pays zero. With the current Ordinance we are looking at $8,000 per credit and we are saving the land owner a lot of money to develop high density units and also change our current zones.

3 Jackson Township Council Meeting of May 23, 2017 Page 3 of 29 Mr. Maczuga responded the developer has approval for this project and the PDC s program is not part of any programs under Jackson Township. We must conform to Pinelands Commission and their density requirements. We must obtain approval from the Commission before making any regulations effective. Councilman Bressi it sounds like something the Pinelands would wish. He said they would have to pay the PDC s. Attorney Cipriani said it is important in our Ordinance there is a provision for PDC s. The question is whether in certain multiple use projects they would be. Attorney Ciprani is well aware of the Pineland position on this. This Ordinance is so much better for Jackson than the Ordinance Pinelands wants us to adopt, which provides for 4.5 units per acre. We have to convince the Pinelands that our proposed Ordinance is better. The Regional Growth zone designations come from the Pinelands. They were assigned to Jackson Township. Everyone believes that the Pinelands were made to preserve the environment and that is true for the center of the Pinelands. The Pineland Commission concentrates on developing in the Regional Growth areas which are located on the outer edges of the Pinelands. They confirmed that the Ordinance they provided the Township with the opportunity to further increase residential density in RG2 and RG3 zones. Attorney Ciprani said she didn t think Jackson Township wanted to increase densities in those zones, or in any zone. What is important about this Ordinance, is that it is not pandering to developers and that is so untrue. This is a watershed moment for Jackson, it will determine what happens to Affordable Housing. If this Ordinance is voted down, we will violate the terms of the Affordable Housing settlement, and it would be taken away. If these densities don t go here, or create the opportunity, they will go somewhere else, at a density rate of 6-12 units per acre and we would have to come up with a place to put the units and a developers agreement by August. If the settlement agreement is destroyed, the 1250 unit number that we now have could increase to 3600 for new construction in this round. In most cases, but not all, there are 4 market rates for 1 (affordable) unit, so you are looking at 18,000 units and they get enforced by Builders Remedy. When those lawsuits come in, and you don t have a plan for where they can build, our zoning and restrictions on building have no respect. There are real risks here. Ms. Hannum declared Ordinance was passed and it was also mentioned at that time that we had obligations for Affordable Housing as well. Jackson Township doesn t have infrastructure for that area, and there are also wetlands there. She described 2 personal traffic related incidents she and her daughter encountered in the past week. She went on to describe how the density will contribute to sprawl. Councilman Bressi asked Mr. Maczuga to explain the Affordable Housing aspect and articulated no changes would take place in our road ways. The only change would be in the RG2 and RG3 zones. Mr. Maczuga continued by saying that in 1979 Pineland Protection Plan created RG2 and RG3 and there was even an RG4. We will not authorize an Ordinance without the approval of the Pineland Commission. Attorney Cipriani affirmed the points Mr. Maczuga stated and he is mindful of all the concerns on this project. Councilman Bressi and Mr. Maczuga verified that the land owners must comply with the requirements indicated in the Ordinance. RaeAnn Walker 2 Evergreen Court - suggested that a workshop on this Ordinance and future Ordinances would benefit the Township of Jackson. At this meeting Mr. Maczuga should be present and he should explain the Affordable Housing aspect thoroughly. A workshop on this Ordinance should be available to our residents and the vote should be held at a later date. I attended a Planning and Zoning Board meeting where they explained the obligations required and they mentioned that it would be located on the outer zone. Councilman Bressi interrupted saying that this meeting only addresses the Ordinance that must be voted on.

4 Jackson Township Council Meeting of May 23, 2017 Page 4 of 29 Mr. Maczunga agreed that this is the Affordable Housing aspect of this project can be very complicated. Attorney Cipriani approves of a workshop being helpful in the future but we cannot delay the deadline. The deadline was in June and the Pinelands Commission approved the deadline to be held in August. The Council and the Officials that are presented will try to have the workshops for these Ordinances if possible. Councilman Bressi presented that the there was a lawsuit with the Pinelands and this proposal has a better outcome then what was originally in place. As per the deadline set in place by the Pinelands Commission we may not change this to a further date. Councilman Nixon testified workshops were conducted in the past and they were poorly attended by our citizens. Councilman Nixon held residents are encouraged to attend our meetings and proper notice is given. Our meetings encourage all our residents to attend and raise their concerns. Attorney Cipriani will like to achieve a ways for the residents to address and provide knowledge on upcoming votes for Ordinances. Jim Niederhauser 35 Claridge Drive it seems with Affordable Housing we must comply decisions made by the Supreme Court.We should have some additional time to make a decision dealing with the important Ordinances that affect all of our residents. Attorney Cipriani states we cannot authorize changes to the deadline requested by the Pinelands Commission. Mr. Niederhauser states that we have the biggest professionals to guide us on these topics but we also should determine what decisions are best for our town. A second opinion would be recommended for such a tough decision. Attorney Cipriani affirms that the deadline is coming upon us and the Ordinance can be revised in the future. The Pineland Commission has to approve this Ordinance and deadline cannot be adjusted. Mr. Niederhauser questioned the deadline requested by the Pineland Commission. Mr. Maczuga cited the process is in progress and anyone who reviews the settlement on the Affordable Housing units will agree with the proposal. We are moving ahead with this Ordinance and it may delayed by the Pinelands Commission. If the process is delayed by the Pinelands Commission we will not be punished. Mr.Niederhauser inquired what would occur if the Pineland Commission denies the approval. Attorney Cipriani testified if the Pineland Commission does not accept our offer than the Ordinance cannot be enforced. We have to satisfy the settlement, and comply with the Pineland Commission. If do not comply we will be subject to a lawsuit. Andrew Polo- and Steven Ortiz - 19 Royal Grove Drive - their development is unfinished and their main concern is if they re rezoning their development. Council Bressi stated that development does not pertain to this Ordinance and that zone is approved already. Attorney Cipriani confirms that that development is located in the RG2 zone. It will still be considered RG2 zone and there is an approved plan. The residents explained that the developer only built on half of the land and the rest is pending. Councilman Bressi stated that the plans would remain the same as the approval by the Planning and Zoning Board. Mr. Polo and Mr. Ortiz are concerned that the land owner will sell the vacant land.

5 Jackson Township Council Meeting of May 23, 2017 Page 5 of 29 Attorney Cipriani and Councilman Bressi questioned how many lots remain vacant and both residents answered about 50 units. Councilman Bressi stated any changes made by the land owner must be amended before the Board. Councilman Bressi, Attorney Cipriani. Mr. Maczuga and Councilman Nixon stated that there will be no changes to those zones under this new Ordinance. Robert Kirchhofer- 445 Whitesville Road - my property is experiencing flooding and my situation is not resolved. Councilman Bressi states that they are just addressing this Ordinance and that he can speak on this situation at the end of the meeting. Attorney Cipriani states that this only pertains to Ordinance 2 nd reading. Mr. Kirchhofer mentions the developer did a terrible job but he is allowed to continue to develop in our community. Attorney Cipriani transmits that we cannot control land owners and this Ordinance makes it difficult to develop in the Pinelands area than any other land. Councilman Bressi stated he would discuss at the end of the meeting any further updates on his property. All of our public hearing meetings are taped and recorded. MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE BY: NIXON MOTION SECONDED BY: MARTIN COUNCILMAN CALOGERO- I have voiced my concerns in the past about over development and high density in residential zones. I am presented with an Ordinance that will allow that in spite of the good intentions of my colleagues. I refuse outside agencies to dictate our zoning laws that will affect the residents of Jackson. My concern is the real impact with the quality of life for the residents and the agencies that will impose regulations upon us. My allegiance is with the residents of Jackson and I will continue to fight towards less overdevelopment and I cast my vote no. COUNCILMAN MARTIN- there isn t a Council member, Committee member, or Mayor who is in favor of agencies dictating our zoning laws. In the history of Jackson, I can say that there isn t one Council member, Committee member or Mayor who is in favor of this. This Ordinance would allow these practices to be set. The Pinelands Commission will not dictate our zoning laws if we all agree this gives them the ability to control the way we develop in our town. Affordable Housing will increase which will double the size of our town. I respect our residents who have voted NO to this Ordinance. This Ordinance guarantees overdevelopment, an increase in the Municipal budget, the school budget and your tax payer dollars. We are trying to slow it down and that s why I have to vote yes. COUNCIL NIXON- all of our residents seem to know what s best for our township but the person who is most important person is John Maczuga. I would like to notify our residents that Mr. Maczuga is the finest person. He deals with all the Affordable Housing decisions and has saved us on more obligations than you may think. I would ask the residents to respect and appreciate his work. I respect the Council s vote and other opinions but if we don t obey these obligations we will be subject to a lawsuit. We been sued before and this will continue. The Pinelands Commission is not a great partner for us and I don t think they are ever going to be satisfied. This Ordinance is not resolving our issues and there are no benefits to our residents. The Pinelands Commission is supposed to preserve our Pinelands but if you have the funds they will profit from it. They will destroy open land in Jackson and it is important to preserve the open land we have left. Greed should not be rewarded in our town. This Ordinance would escalate traffic and motor vehicle accidents which are already are on the rise. Our land should be preserved in Jackson. I am voting No. COUNCILMAN UPDEGRAVE - I respect all everyone s comments and concerns. We all dislike the State Mandates but unfortunately we have to conform. The Affordable Housing obligation must be fulfilled and if we do not comply the State succeeds. The State mandates more density and Mr. Maczuga is the Court master for the Affordable Housing. Mr. Maczuga is very knowledgeable and I trust all of his decisions. Attorney Cipriani is the best land attorney

6 Jackson Township Council Meeting of May 23, 2017 Page 6 of 29 and she has always proposed excellent decisions for our town. I will not give State more power, I vote yes. COUNCILMAN PRESIDENT BRESSI- Mr. Maczuga has always provided protection for our residents and has always made great decisions. We have the professionalism and knowledge of Attorney Cipriani. She has always represented us very well in the courts. This was proposed to the Planning Board at the last meeting and it was encouraged by the Township planner for many reasons. We are not changing the zones in our area; we are adding PDC and this would help us slow down construction. These numbers are real and if we lose our immunity this will increase the construction in our area.mr. Maczuga and Attorney Cipriani have provided guidance to understand the law. In my opinion it is a very important decision to make in a long time and I want to protect our town. I vote yes. MOTION TO APPROVE ORDINANCE ON SECOND READING, ADVERTISED THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY; UPDEGRAVE MOTION SECONDED BY: MARTIN YES: MARTIN, UPDEGRAVE, BRESSI NO: CALOGERO, NIXON NOW, THEREFORE, BE IT ORDAINED, by the governing body of the Township of Jackson, County of Ocean, State of New Jersey, as follows: SECTION 1. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 244, entitled Land Use and Development Regulations, so as to amend entitled RG-2 Regional Growth Zone so as to add subsection D. which shall be entitled Conditional Uses which shall read as follows: (D). Conditional Uses: 1. Detached, single-family developments on lots less than one acre without the use of Pinelands Development Credits, subject to the following conditions: a. Maximum Density: 2.0 dwelling units per acres b.minimum lot area: 12,000 square feet c. Minimum lot width: 100 feet d.minimum lot frontage: 80 feet e. Minimum lot depth: 120 feet f. Minimum front yard setback: 30 feet g.minimum side yard setback: 15 feet h.minimum rear yard setback: 30 feet i. Minimum accessory structure setback: 10 feet, not permitted in front yard j. The proposed lots are to be serviced by a public sanitary sewer system. k.compliance with the requirement of an affordable housing set aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D l. Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created. 2. Detached single-family developments on lots less than one acre with the use of Pinelands Development Credits in accordance with et seq., subject to the following conditions: a. Maximum Density: 3.0 dwelling units per acres b.minimum lot area: 10,000 square feet c. Minimum lot width: 100 feet d.minimum lot frontage: 80 feet e. Minimum lot depth: 100 feet f. Minimum front yard setback: 30 feet g.minimum side yard setback: 10 feet h.minimum rear yard setback: 30 feet i. Minimum accessory structure setback: 10 feet, not permitted in front yard j. The proposed lots are to be serviced by a public sanitary sewer system. k.compliance with the requirement of an affordable housing set aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D

7 Jackson Township Council Meeting of May 23, 2017 Page 7 of 29 l. Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created. 3. Detached single-family developments, with the use of Pinelands Development Credits in accordance with et seq., subject to the following standards only if the restrictions of the buffer overlay zone in accordance with will prevent achievement of the maximum residential density permitted: a. Maximum Density: 3.0 dwelling units per acres b.minimum lot area: 9,000 square feet c. Minimum lot width: 75 feet d.minimum lot frontage: 75 feet e. Minimum lot depth: 100 feet f. Minimum front yard setback: 30 feet g.minimum side yard setback: 10 feet h.minimum rear yard setback: 30 feet i. Minimum accessory structure setback: 10 feet, not permitted in front yard j. The proposed lots are to be serviced by a public sanitary sewer system. k.compliance with the requirement of an affordable housing set aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D l. Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created. SECTION 2. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 244, entitled Land Use and Development Regulations, so as to amend entitled RG-3 Regional Growth Zone so as to add subsection D. which shall be entitled Conditional Uses which shall read as follows: (D). Conditional Uses: 1. Detached, single-family developments on lots less than one acre without the use of Pinelands Development Credits, subject to the following conditions: a. Maximum Density: 2.0 dwelling units per acres b.minimum lot area: 12,000 square feet c. Minimum lot width: 100 feet d.minimum lot frontage: 80 feet e. Minimum lot depth: 120 feet f. Minimum front yard setback: 30 feet g.minimum side yard setback: 15 feet h.minimum rear yard setback: 30 feet i. Minimum accessory structure setback: 10 feet, not permitted in front yard j. The proposed lots are to be serviced by a public sanitary sewer system. k.compliance with the requirement of an affordable housing set aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D l. Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created. 2. Detached single-family developments on lots less than one acre with the use of Pinelands Development Credits in accordance with et seq., subject to the following conditions: a. Maximum Density: 3.0 dwelling units per acres b.minimum lot area: 10,000 square feet c. Minimum lot width: 100 feet d.minimum lot frontage: 80 feet e. Minimum lot depth: 100 feet f. Minimum front yard setback: 30 feet g.minimum side yard setback: 10 feet h.minimum rear yard setback: 30 feet i. Minimum accessory structure setback: 10 feet, not permitted in front yard j. The proposed lots are to be serviced by a public sanitary sewer system. k.compliance with the requirement of an affordable housing set aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D l. Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created.

8 Jackson Township Council Meeting of May 23, 2017 Page 8 of Detached single-family developments, with the use of Pinelands Development Credits in accordance with et seq., subject to the following standards only if the restrictions of the buffer overlay zone in accordance with will prevent achievement of the maximum residential density permitted: a. Maximum Density: 3.0 dwelling units per acres b.minimum lot area: 9,000 square feet c. Minimum lot width: 75 feet d.minimum lot frontage: 75 feet e. Minimum lot depth: 100 feet f. Minimum front yard setback: 30 feet g.minimum side yard setback: 10 feet h.minimum rear yard setback: 30 feet i. Minimum accessory structure setback: 10 feet, not permitted in front yard j. The proposed lots are to be serviced by a public sanitary sewer system. k.compliance with the requirement of an affordable housing set aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D l. Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created. SECTION 3. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 244, entitled Land Use and Development Regulations, so as to amend entitled Use of Pinelands Development Credits so as to amend subsection A. which shall read as follows: A. To permit development of parcels of land in the RG-2 and RG-3 Zones according to the density and lot area requirements as set forth in sections and , respectively. SECTION 4. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 244, entitled Land Use and Development Regulations, so as to amend entitled Use of Pinelands Development Credits so as to delete subsections E and F in their entirety, and to replace subsections E. and F. which shall read as follows: E. When a variance or other approval is granted to permit a residential use in the RG-2 or RG3 zones pursuant to (D)(2) or (D)(2), 0.25 of a Pinelands development credit shall be purchased and redeemed for each such dwelling unit. F. When a variance or other approval for a nonresidential use within the RG-2 and RG-3 Zones is granted by the Township, one-quarter of one Pinelands development credit (i.e., one right) shall be purchased and redeemed for every 6,500 square feet of floor area, or portion thereof, or one-quarter of one Pinelands development credit (i.e., one right) shall be purchased and redeemed for every acre, or portion thereof, of land at the parcel, whichever shall require the purchase and redemption of more Pinelands development credits. SECTION 5. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 7. This ordinance shall take effect after second reading and publication as required by law. Date: MAYOR MICHAEL REINA

9 Jackson Township Council Meeting of May 23, 2017 Page 9 of 29 NOTICE NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by the Township Committee on first reading at a meeting of the Township Council of the Township of Jackson held on the 9 th day of May, 2017, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 23 rd day of May, 2017 at 7:30 p.m. or soon thereafter as this matter can be reached at the Township Municipal Building located on 95 West Veterans Highway in Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard. ANN MARIE EDEN, R.M.C. DATED: TOWNSHIP CLERK ORDINANCES, FIRST READING: ORDINANCE: TITLE: BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS AND THE ACQUISITION OF VARIOUS CAPITAL EQUIPMENT, APPROPRIATING $2,200,525 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,090,499 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, NEW JERSEY MOTION TO APPROVE ORDINANCE ON FIRST READING, ADVERTISE THE APPROVAL NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON JUNE 13, 2017 BY: MARTIN MOTION SECONDED BY: NIXON BE IT ORDAINED by the TOWNSHIP COUNCIL OF THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS: Section 1. The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Township of Jackson, in the County of Ocean, New Jersey (the Township ). For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $2,200,525, said sum being inclusive of all appropriations heretofore made therefor, including the sum of $110,026 as the down payment for said purposes as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq., now available by virtue of provision in the Capital Improvement Fund of one or more previously adopted budgets. Section 2. In order to finance the costs of said improvements or purposes not provided for by the application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $2,090,499, pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, 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 obligations are to be issued consist of: i) Various road/drainage and sidewalk improvements, with a total appropriation and estimated cost of $1,150,000, estimated maximum amount of bonds or notes therefor of $1,092,500, and an average period of usefulness of ten (10) years; ii) Various Department of Public Works (DPW) projects and repairs including, but not limited to, DPW building improvements; DPW heating, ventilation and air conditioning (HVAC) improvements; hockey rink repairs; wooden playground sealer; Town Hall HVAC improvements; Town Hall front walk improvements; police parking lot expansion; miscellaneous park improvements; and miscellaneous building improvements, with a total

10 Jackson Township Council Meeting of May 23, 2017 Page 10 of 29 appropriation and estimated cost of $707,825, estimated maximum amount of bonds or notes therefor of $672,434, and an average period of usefulness of years; iii) Acquisition of an assessor vehicle, with a total appropriation and estimated cost of $28,750, estimated maximum amount of bonds or notes therefor of $27,312, and an average period of usefulness of five (5) years; and iv) Acquisition of various police equipment including, but not limited to, the purchase of five (5) new police vehicles with graphics; and equipment to outfit six (6) new police vehicles, including lights, computers and mobile video; with a total appropriation and estimated cost of $313,950 estimated maximum amount of bonds or notes therefor of $298,253, and an average period of usefulness of five (5) years, together with all purposes necessary, incidental or appurtenant thereto, all as shown on and in accordance with contracts, plans, specifications or requisitions therefor on file with or through the Township Clerk, as finally approved by the governing body of the Township. (b) The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $2,090,499, as stated in Section 2 hereof. (c) The estimated cost of the improvements or purposes described in Section 3(a) hereof is $2,200,525, which is equal to the amount of the appropriation herein made therefor. The excess of the appropriation of $2,200,525 over the estimated maximum amount of bonds or notes to be issued therefor being the amount of said $110,026 down payment for said purposes. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Township, provided that no note shall mature later than one (1) year from its date. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall 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 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 and are improvements or purposes that 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 benefited thereby. (b) The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Township 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 $2,090,499 and the obligations authorized herein will be within all debt limitations prescribed by that Law.

11 Jackson Township Council Meeting of May 23, 2017 Page 11 of 29 (d) An aggregate amount not exceeding $287,025 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements. (e) To the extent that moneys of the Township are used to finance, on an interim basis, costs of said improvements or purposes, the Township reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto. Section 6. The capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget 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 7. Any grant or similar moneys from time to time received by the Township for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements within the appropriation herein authorized or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used. Section 8. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and, unless paid from other sources, the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the obligations and the interest thereon without limitation as to rate or amount. Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law. ORDINANCES, FIRST READING: ORDINANCE: TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, SO AS TO AMEND CHAPTER 244, ENTITLED LAND USE AND DEVELOPMENT REGULATIONS, ARTICLE VI, ENTITLED NON- PINELANDS AREA ZONING DISTRICT REGULATIONS, SECTION ENTITLED LIST OF ZONES AND SECTION , ENTITLED ZONING MAP MOTION TO APPROVE ORDINANCE ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON JUNE 13, 2017 BY: NIXON MOTION SECONDED BY: UPDEGRAVE BE IT ORDAINED by the Mayor and Township Council of the Township of Jackson, County of Ocean, and State of New Jersey, as follows: SECTION 1. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 244, entitled Land Use and Development Regulations, Article VI, entitled Non-Pinelands Area Zoning District Regulations, so as to amend the following: List of Zones is hereby amended and supplemented to add the following zoning designations:

12 Jackson Township Council Meeting of May 23, 2017 Page 12 of 29 MUNC/HC Mixed Use Neighborhood Center/Highway Commercial MUNC/LM Mixed Use Neighborhood Center/Light Industrial Zoning Map is hereby deleted in its entirety and replaced with: The boundaries of all zoning districts set forth in this chapter are shown on a map entitled Zoning Map, Township of Jackson, Ocean County, New Jersey, prepared by Remington, Vernick & Vena Engineers, Township Planner, dated May 12, 2017, which map is hereby made a part of this chapter. A copy of the Zoning Map is on file in the Office of the Township Clerk. SECTION 2. After introduction of this ordinance, the Township Clerk shall send a copy of this ordinance to the Municipal Planning Board for its review and comment. The Township Clerk shall also send copies of this ordinance to all adjoining municipalities pursuant to N.J.S.A. 40:55D-15, and to the Ocean County Planning Board pursuant to N.J.S.A. 40:55D-16 by certified mail at least ten (10) days prior to the proposed second reading and adoption of this ordinance. SECTION 3. This ordinance shall take effect after second reading and publication as required by law, filing of the ordinance with the Ocean County Planning Board, approval by the Mayor pursuant to N.J.S.A. 40:69A-41 and the passage of twenty (20) days from adoption by the governing body pursuant to N.J.S.A. 40:69A SECTION 4. After adoption of this ordinance on second reading, the Township Clerk shall file a certified copy of this ordinance with the Ocean County Planning Board. repealed. SECTION 5. All ordinances or parts of ordinances inconsistent herewith are hereby SECTION 6.If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Date: Mayor Michael Reina NOTICE NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed on first reading at a regular meeting of the Township Council of the Township of Jackson, in the County of Ocean, State of New Jersey, held on the 23 rd day of May, 2017, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 13 th day of June, 2017, at 7:30 p.m., or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building located at 95 W. Veterans Highway, Jackson, New Jersey, at which time all persons interested shall be given an opportunity to be heard concerning this ordinance. ANN MARIE EDEN, RMC Township Clerk, Township of Jackson SKF:nmc #5000 PUBLIC COMMENT OPENED, RESOLUTIONS ONLY NO ONE CAME FORWARD.

13 Jackson Township Council Meeting of May 23, 2017 Page 13 of 29 MOTION TO CLOSE COMMENT HEARING, RESOLUTIONS ONLY BY: CALOGERO MOTION SECONDED BY: NIXON RESOLUTION 202 R-17 TITLE: AUTHORIZE RELEASE OF PERFORMANCE GUARANTEES POSTED BY MARK PROPERTIES, LLC DUE TO THE POSTING OF A REPLACEMENT PERFORMANCE GUARANTEES BY B&S HOME BUILDING, LLC & KOZEK ENTERPRISES, LLC FOR BLOCK 19001, LOTS 3.01, 3.02 & 3.03 (LAKEHURST AVENUE) MOTION TO APPROVE BY: NIXON MOTION SECONDED BY: MARTIN WHEREAS, Mark Properties, LLC has requested the release of Performance Guarantees consisting of Letter of Credit No ( ) in the amount of $17, issued by T.D. Bank and Cash Bond portion in the amount of $2,385 due to the posting of a replacement Performance Guarantee by B&S Home Building, LLC & Kozek Enterprises, LLC; and WHEREAS, B&S Home Building, LLC & Kozek Enterprises, LLC each submitted a replacement Performance Guarantee by way of a Cash Performance Bond in the amount of $8, and Cash Bond portion in the amount of $1, for a total replacement Performance Guarantee (cash) in the amount of $19,962.00; and NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Jackson, County of Ocean and State of New Jersey, that: 1. The Performance Guarantees posted by Mark Properties, LLC consisting of Letter of Credit No ( ) in the amount of $17, issued by T.D. Bank and Cash Bond portion in the amount of $2,385 for Block 19001, Lots 3.01, 3.02 & 3.03 (a.k.a. Block Lot 28.02) may and are hereby released due to the posting of a replacement Performance Guarantee by B&S Home Building, LLC & Kozek Enterprises, LLC. 2. The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within Resolution. 3. That upon the adoption of this Resolution, the Clerk is authorized and directed to forward a certified copy of it to the Developers, Township Engineer, Township Attorney, Administration and the Chief Financial Officer. ANN MARIE EDEN, R.M.C. DATED: TOWNSHIP CLERK RESOLUTION 203R-17 TITLE: AUTHORIZE THE EXECUTION OF A CONTRACT AWARD BETWEEN THE TOWNSHIP OF JACKSON AND RED THE UNIFORM TAILOR FOR THE PURCHASE OF JACKSON TOWNSHIP POLICE UNIFORMS ON AN AS-NEEDED BASIS FOR A TWO (2) YEAR PERIOD WITH THE OPTION TO RENEW FOR AN ADDITIONAL TWO (2) YEAR PERIOD MOTION TO APPROVE BY: CALOGERO MOTION SECONDED BY: NIXON WHEREAS, the Department of Public Safety has a need to purchase Police Uniforms on an as needed basis; and

14 Jackson Township Council Meeting of May 23, 2017 Page 14 of 29 WHEREAS, Jackson Township advertised for the acceptance of sealed bids for this purpose; and WHEREAS, at the time and place for receipt of bids, one (1) bid was received from Red the Uniform Tailor; and WHEREAS, after review of said bids, the Chief of Police has made recommendation to the Mayor requesting AN award be made to Red the Uniform Tailor for the purchase of Jackson Township Police Department Uniforms on an as-needed basis in accordance with the unit pricing set forth on the attached Schedule A ; and WHEREAS, this contract award is being made pursuant to a fair and open process; and WHEREAS, the Chief Financial Officer has certified that sufficient funding exists in the CY 2017 Municipal Operating Budget for this purpose in Account No ; and WHEREAS, the Chief Financial Officer further certifies that sufficient funding will exist for this purpose upon the adoption of future Municipal Operating Budgets relative to the term of this contract; and NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows: 1.That the Township Council of the Township of Jackson does hereby authorize the Mayor to execute a contract with Red the Uniform Tailor for a two (2) year period with the option to renew for an additional two (2) year period in accordance with the attached Schedule A unit price list. 2.A copy of this resolution shall be forwarded to Red the Uniform Tailor, Municipal Administrator, Chief of Police, Officer Vincent Rubio, Purchasing Department, Chief Financial Officer and any other interested parties. 3.The Mayor and Township Clerk are authorized to sign or issue any appropriate documentation to give effect to the within resolution. ANN MARIE EDEN, R.M.C. DATED: TOWNSHIP CLERK BILLS AND CLAIMS: MOTION TO APPROVE BILLS AND CLAIMS BY: MARTIN MOTION SECONDED BY: NIXON ABSTAIN: NIXON (OCEAN COUNTY BOARD OF HEALTH), UPDEGRAVE (WINDING WAYS) CHECK# VENDOR AMOUNT

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22 Jackson Township Council Meeting of May 23, 2017 Page 22 of 29 RESOLUTION 195 R-17 TITLE: AUTHORIZE TAX OVERPAYMENT REFUNDS MOTION TO APPROVE BY: NIXON MOTION SECONDED BY: MARTIN WHEREAS, it has been determined by the Township Tax Collector that the taxpayers as indicated on the attached Schedule A are entitled to overpayment refunds, and; WHEREAS, it is the desire of the Township Council to have these overpayments returned to the respective taxpayers; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, that: 1. The Tax Collector is hereby authorized to make overpayment refunds in the amount shown and to the taxpayers, as appears on Schedule A which made apart hereof. 2. Copies of this Resolution to the Tax Collector. TOWNSHIP OF JACKSON OVERPAYMENT REFUNDS RESOLUTION 195R-17 MAY 23, 2017 BLOCK LOT NAME YEAR-QTR AMOUNT Ambros, Richard & Kathleen E nd $ Rogers, Richard L Jr & Kathy Susan nd $ Palla, Elaine &Milo nd $ Andreski, Henry M Trust Etal nd $3, Snyder, Debra nd $ Whitaker, Roger & Gloria Leona nd $ Luszik, Michael & Patricia nd $ Grosso, Giacomo nd $ Advancing Opportunities Inc nd $2, Douglas, Horace & Barbara nd $ TOTAL: $ 10, DATED: ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK

23 Jackson Township Council Meeting of May 23, 2017 Page 23 of 29 RESOLUTION 196 R-17 TITLE: AUTHORIZE THE SUBMISSION, ACCEPTANCE AND EXECUTION OF A GRANT AGREEMENT BETWEEN THE JACKSON TOWNSHIP SHADE TREE COMMISSION AND THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE PROJECT KNOWN AS HAWKINS RIDGE TREE PLANTING PROGRAM MOTION TO APPROVE BY: NIXON MOTION SECONDED BY: MARTIN WHEREAS, the Jackson Township Shade Tree Commission desires to apply for and obtain a grant from the State of New Jersey Department of Environmental Protection/Forest Service for the project known as Hawkins Ridge Tree Planting Program ; and WHEREAS, the original builders (Hawkins Ridge, LLC, Hawkins Estates, LLC, and S&H Builders) declared bankruptcy resulting in the need to complete unfinished bonded improvements including tree plantings within the Hawkins Ridge subdivision; and WHEREAS, the funding from this grant will fulfill the need for street tree plantings and stormwater basin tree plantings within the subdivision known as Hawkins Ridge (Block 18101, Lots 9.01 through 9.20) located in the Township of Jackson, County of Ocean; and WHEREAS, the Township Council further authorizes the submission, acceptance and execution of a grant application/contract for the receipt of such a grant in the amount of $30, (with matching funds in the amount of $30, ) for a total project cost in the amount of $60,000.00, each being more or less predicated upon the grant award from the New Jersey Department of Environmental Protection/Forest Service and does further, upon the execution of such a contract, authorize the expenditure of such funds pursuant to the terms of said contract between the Township of Jackson and the New Jersey Department of Environmental Protection/Forest Service. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey that: 1. The Township Council does hereby authorize the submission, acceptance and execution of a grant application/contract with the State of New Jersey Department of Environmental Protection/Forest Service for the receipt of such a grant in the amount of $30, (with matching funds in the amount of $30,000.00) for a total project cost in the amount of $60, and does further, upon the execution of such a contract, authorize the expenditure of such funds pursuant to the terms of said contract between the Township of Jackson and the New Jersey Department of Environmental Protection/Forest Service as noted above. 2. The Chief Financial Officer has certified that sufficient funding exists for this purpose in the General Trust/Reserve-Forester Account No. T Be it further resolved that the persons whose names and titles listed below are authorized to sign the application, the contract and any other documents necessary in connection therewith: Steve Chisholm Jackson Township Shade Tree Commission Chair Ron Dollman Township Forester CME Associates 4. Copies of this resolution to Municipal Administrator, Chief Financial Officer, Jackson Township Commission for the Disabled/Handicapped and any other interested parties DATED: ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK