ON TUESDAY, JULY 12, 2016, AT 7:00 P.M. THE JACKSON TOWNSHIP COUNCIL HELD ITS (EXECUTIVE SESSION) MEETING IN THE MUNICIPAL BUILDING

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1 ON TUESDAY, JULY 12, 2016, AT 7:00 P.M. THE JACKSON TOWNSHIP COUNCIL HELD ITS (EXECUTIVE SESSION) MEETING IN THE MUNICIPAL BUILDING ROLL CALL: COUNCILMAN CALOGERO COUNCILMAN MARTIN - Absent COUNCILWOMAN UPDEGRAVE COUNCIL VICE PRESIDENT BRESSI COUNCIL PRESIDENT NIXON ATTORNEY CIPRIANI TOWNSHIP CLERK EDEN ALSO IN ATTENDANCE: JOHN MACZUGA, AFFORDABLE HOUSING PLANNER 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 239R-16 TITLE: RESOLUTION FOR EXECUTIVE SESSION TO AUTHORIZE TOWNSHIP COUNCIL TO ENTER INTO CLOSED DISCUSSIONS CONCERNING MATTERS AS NOTED BELOW MOTION TO APPROVE BY: CALOGERO MOTION SECONDED BY: UPDEGRAVE WHEREAS, Section 8 of the Open Public Meetings Act permits the exclusion of the public from a public meeting under certain circumstances; and WHEREAS, this governing body is of the opinion that such circumstances presently exist. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, and State of New Jersey, as follows: 1. The public shall be excluded from discussion concerning the hereinafterspecified subject matter. 2. The general nature of the subject matter to be discussed is as follows: a) Personnel/Professionals: b) Litigation/Potential Litigation: Update Jackson vs. Township of Jackson. Update General COAH matters/gap Ruling. c) Potential Land Sale/Land Acquisition: Update - street vacation request (Hawthorne Avenue). d) Contracts/Agreements: 3. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition. ANN MARIE EDEN, R.M.C. DATED: TOWNSHIP CLERK 7:35 P.M. - RECONVENE PUBLIC MEETING IN THE MAIN MEETING ROOM OF THE MUNICIPAL BUILDING PLEDGE OF ALLEGIANCE COUNCIL PRESIDENT NIXON Pray for the families of the Dallas Police Officers who were murdered last week and also keep in your prayers the Officers who were

2 Jackson Township Council Meeting of July 12, 2016 Page 2 of 33 fired upon as they responded to calls for service last week. Terrorism is just not an international problem. We have a number of things to deal with in our communities. A moment of silence for all the men and women in the Armed Forces who serve here at a home and abroad. ROLL CALL: COUNCILMAN CALOGERO COUNCILMAN MARTIN - Absent COUNCILWOMAN UPDEGRAVE COUNCIL VICE PRESIDENT BRESSI COUNCIL PRESIDENT NIXON ATTORNEY CIPRIANI TOWNSHIP CLERK EDEN 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. Township Clerk Eden announced Administrator Schlegel will not be in attendance this evening. COUNCILMAN CALOGERO Waived comments. COUNCILMAN MARTIN Absent COUNCILWOMAN UPDEGRAVE Waived comments. COUNCIL VICE PRESIDENT BRESSI Waived comments. COUNCIL PRESIDENT NIXON Waived comments. APPROVE EXECUTIVE SESSION MEETING MINUTES: JUNE 28, 2016 MOTION TO APPROVE BY: CALOGERO SECONDED BY: BRESSI YES: CALOGERO, BRESSI, NIXON ABSTAIN: UPDEGRAVE ORDINANCES, SECOND READING: ORDINANCE: TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 331 OF THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, ENTITLED REGISTRATION OF PROPERTY PUBLIC HEARING OPENED: NO ONE CAME FORWARD. MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE BY: CALOGERO MOTION SECONDED BY: UPDEGRAVE MOTION TO APPROVE ORDINANCE ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: CALOGERO MOTION SECONDED BY: BRESSI

3 Jackson Township Council Meeting of July 12, 2016 Page 3 of 33 ORDINANCE 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 331 entitled Registration of Property so as to create Article II which shall be entitled Vacant or Abandoned Property List, which shall read as follows: Definitions. ABANDONED PROPERTY As defined in accordance with the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall mean the following: (1) Except as provided in N.J.S.A. 55:19-83, any property that has not been legally occupied for a period of six months and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the public officer that: a. The property is in need of rehabilitation in the reasonable judgment of the public officer, and no rehabilitation has taken place during that six-month period; b. Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of determination by the public officer pursuant to this section; c. At least one installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of New Jersey Statutes as of the date of a determination by the public officer pursuant to this section; or d. The property has been determined to be a nuisance by the public officer in accordance with the standards set forth at N.J.S.A. 55:19-82 (2) A property which contains both residential and non-residential space may be considered abandoned pursuant to N.J.S.A. 55:19-78 et seq. so long as two-thirds or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the public officer and the property meets the criteria of either Subsection (1)(a) or Subsection (1)(d) of this definition. EVIDENCE OF VACANCY (1) Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is or has been vacant for three or more months. Such evidence would include, but is not limited to, evidence of the existence of two or more of the following conditions at a property: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past-due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; statements by neighbors, delivery agents, or government employees that the property is vacant or abandoned; infestation by insects, vermin, rats or other pests; windows or entrances that are boarded up or closed off; multiple window panes that are damaged, broken or unrepaired; doors that are smashed, broken, unhinged or continuously unlocked; or any uncorrected violation of a municipal building, housing or similar code during the preceding year. (2) Property determined to be "abandoned property" in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant property for the purposes of this section. OWNER Shall include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51,

4 Jackson Township Council Meeting of July 12, 2016 Page 4 of 33 or any other entity determined by the Township of Jackson to have authority to act with respect to the property. VACANT PROPERTY Any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased for a period of at least three months, and any commercial property that has not been legally occupied or at which substantially all lawful construction operations have ceased for a period of at least three months. Any property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Township for any violation of municipal ordinance within such time and is being actively marketed by its owner for sale or rental shall not be deemed vacant General Requirements A. The owner of any vacant property as defined herein shall, within 3 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property, whichever is later, file a registration statement for each such vacant property with the Jackson Township Office of Code Enforcement on forms provided by the Office of Code Enforcement for such purposes. The registration shall remain valid until the end of the calendar year. The owner shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in this Article for each vacant property registered. B. Any owner of a building that meets the definition of a vacant property Prior to the effective date of this Chapter shall file a registration statement for that property on or before August 1, The registration statement shall include the information required under this Article, as well as any additional information that the Office of Code Enforcement may reasonable require. C. The owner shall notify the Office of Code Enforcement within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Office of Code Enforcement for such purpose. D. The registration statement shall be deemed prima facie proof of the statement therein contained in any administrative enforcement proceeding or court proceeding instituted by the Township of Jackson against the owner or owners of the building Registration statement requirements, property inspection A. After filing a registration statement or a renewal of a registration statement, the owner of any vacant property shall provide access to the Jackson Township Code Enforcement Official if requested, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. If an inspection is required of the interior of the property due to complaints or other cause, the fee for such inspection shall be the same as that for a certificate of occupancy inspection as provided in the applicable provisions of the Code of the Township of Jackson. B. The registration statement shall include the name, street address, address and telephone number of a natural person 21 years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of any applicable code. The designated agent must have a contact number that will be available 24 hours per day on an emergency basis. The statement shall also include the name of the person responsible for maintaining and securing the property, if different from the designated agent. C. An owner who is a natural person and who meets the requirements of this section as to availability of a contact number on a twenty-four-hour emergency basis may designate himself or herself as agent. D. By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purpose of this section until the owner notifies the Township of Jackson of a change of the authorized agent or until the owner files a new annual registration

5 Jackson Township Council Meeting of July 12, 2016 Page 5 of 33 statement. The designation of an authorized agent in no way releases the owner from any requirement of this section Fees The initial registration fee for each building shall be $250. The renewal fee for each building shall be $ Requirements for owners of vacant and abandoned property The owner of any building that has become vacant and abandoned, and any person maintaining, operating or collecting rent for any such building that has become vacant shall, immediately: A. Post a sign affixed to the inside of the building indicating the name, street address, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process, and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than 15 inches by 17 inches; and B. Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Township of Jackson and maintain the sign required in Subsection A above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and C. Make provision for the maintenance of the lawn and yard, including regular grass cutting as required by the applicable provisions of the Code of the Township of Jackson; and D. Make provision for the cessation of the delivery of mail, newspapers and circulars to the property; and E. Make provision for the winterizing of the property by the cessation of water service to the property and the draining of water lines; and F. Make provision for the cessation of electric or gas utility services to the property; and G. Make provision for the regular maintenance of the exterior of the property Violations and Penalties A. Any owner who is not in full compliance with this section or who otherwise violates any provision of this section or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this section shall be recoverable from the owner and shall be a lien on the property. B. For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of , or such other matters as may be established by the rules and regulations of the Council of the Township of Jackson shall be deemed to be violation of this section. SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. 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 4. This ordinance shall take effect after second reading and publication as required by law. DATE: NOTICE MAYOR MICHAEL REINA NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the

6 Jackson Township Council Meeting of July 12, 2016 Page 6 of 33 Township of Jackson held on the 28 th day of June, 2016, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 12 th day of July, 2016 at 7:30 p.m., or as soon thereafter as this matter can be reached, at the meeting room of the Township 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 of Jackson ORDINANCES, FIRST READING: ORDINANCE: TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 103 OF THE TOWNSHIP CODE ENTITLED TRAFFIC SO AS TO ADD ARTICLE LVI, ENTITLED ENGINE BRAKING MOTION TO APPROVE ORDINANCE ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON JULY 26, 2016 BY: BRESSI MOTION SECONDED BY: UPDEGRAVE ORDINANCE BE IT ORDAINED, by the governing body of the Township of Jackson, County of Ocean, State of New Jersey, as follows: SECTION I. The Township Code of the Township of Jackson is hereby amended and supplemented so as to amend Chapter 103, entitled, Traffic, so as to add Article LVI, entitled Engine Braking, which shall read as follows: Engine Braking: It shall be unlawful for the driver of any motor vehicle to use or operate, or cause to be used or operated, at any time, and on any road, within the Township of Jackson, any mechanical exhaust or decompression device, also known as engine braking. Engine braking, as used herein, shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in loud or unusual noise from such vehicle and shall include engine compression brakes Exceptions: The provisions of this section shall not apply to the practice of engine braking in the following situations: a. Where conventional vehicle brakes have failed, resulting in an emergency making necessary the use of engine braking; or b. Emergency equipment being used for emergency purposes Posting of signs: The Township of Jackson is hereby authorized to post, at any reasonable location within the Township, signs that indicate the prohibition of engine braking pursuant to this Section Violations and Penalties: Unless another penalty is expressly provided for by the New Jersey statute, every person convicted of a violation of this article or any supplement thereto shall be liable to a penalty of not more than $2,000 or imprisonment for a term not exceeding 15 days, or both. SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. 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

7 Jackson Township Council Meeting of July 12, 2016 Page 7 of 33 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 4. This ordinance shall take effect after second reading and publication as required by law. DATE: NOTICE MAYOR MICHAEL REINA NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 12 th day of July, 2016, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 26 th day of July, 2016 at 7:30 p.m., or as soon thereafter as this matter can be reached, at the meeting room of the Township 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 of Jackson ORDINANCES, FIRST READING: ORDINANCE: TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 162, ENTITLED CONSTRUCTION CODES, UNIFORM, ARTICLE I ENTITLED ENFORCEMENT OF STATE CODES, SECTION 5 ENTITLED WAIVER OF BUILDING PERMIT FEES OF THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON MOTION TO APPROVE ORDINANCE ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON JULY 26, 2016 BY: BRESSI MOTION SECONDED BY: UPDEGRAVE ORDINANCE NOW, THEREFORE, 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. Chapter 162, entitled Construction Codes, Uniform, Article I entitled Enforcement of State Code, Section 5 entitled Waiver of Building Permit Fees is hereby amended to include the following: Waiver of Building Permit Fees F. Notwithstanding the provisions of the State Uniform Construction Code Act, P.L. 1975, c.217 (C.52:27D-119 et seq.) or any rules, regulations or standards adopted pursuant thereto to the contrary, the governing body of any municipality which has appointed an enforcing agency pursuant to the provisions of Section 8 of P.L.1975, c. 217 (C.52:27D- 126) shall not charge a person who has a service-connected disability declared by the United States Department of Veterans Affairs, or its successor, to be a total or 100% permanent disability that would entitle them to a property tax emption under Section 1 of P.L.1948, c.259 (C.54:4-3.30) or a spouse, parent, sibling, or guardian of the disabled veteran, a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by the disabled veteran to his own living unit

8 Jackson Township Council Meeting of July 12, 2016 Page 8 of 33 G. A municipality that has granted an exemption from a construction permit surcharge fee or enforcing agency fee pursuant to paragraph F of this subsection may apply to the Department of Community Affairs, in accordance with the rules and regulations promulgated by the Commissioner of Community Affairs for this purpose, for reimbursement of those exempt fees SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. 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 4. This ordinance shall take effect after second reading and publication as required by law. Date: NOTICE Mayor Michael Reina 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 July 12 th, 2016 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 26 th day of July, 2016, 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 of Jackson ORDINANCES, FIRST READING: ORDINANCE: TITLE: BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS AND THE ACQUISITION OF VARIOUS CAPITAL EQUIPMENT, APPROPRIATING $2,402,350 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,282, 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 BOND ORDINANCE ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON JULY 26, 2016 BY: CALOGERO MOTION SECONDED BY: BRESSI ORDINANCE BE IT ORDAINED by the TOWNSHIP COUNCIL OF THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY (not less than twothirds 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 $2,402,350, said sum being inclusive of all appropriations heretofore made therefore, including the sum of $120, 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.

9 Jackson Township Council Meeting of July 12, 2016 Page 9 of 33 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 $2,282,232.50, 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) The acquisition of various public works equipment including, but not limited to, a rear loader garbage truck, brake lathe, tire machine, and Gasboy pump and dispenser, with a total appropriation and estimated cost of $660,100, estimated maximum amount of bond or notes therefore of $627,095, and an average period of usefulness of five (5) years; ii) Various public works projects and repairs, including but not limited to, emergency road repairs, infrared road repairs/trench repairs to roadways and sign reflectivity/compliance with state regulations, with a total appropriation and estimated cost of $80,500, estimated maximum amount of bonds or notes therefore of $76,475, and an average period of usefulness of years; iii) Improvements to the Justice Complex, including but not limited to, sally port doors and HVAC system, with a total appropriation and estimated cost of $132,250, estimated maximum amount of bonds or notes therefore of $125,637.50, and an average period of usefulness of fifteen (15) years; iv) Improvements and equipment acquisitions for the Police Department, including but not limited to, the Computer Aided Dispatch/Records Management Systems Project and acquisition of two (2) nonpassenger vehicles, with a total appropriation and estimated cost of $379,500 estimated maximum amount of bonds or notes therefore of $360,525, and an average period of usefulness of five (5) years; and v) Various road/drainage and sidewalk improvements, with a total appropriation and estimated cost of $1,150,000, estimated maximum amount of bonds or notes therefore of $1,092,500 and an average period of usefulness of twenty (20) 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 $2,282,232.50, as stated in Section 2 hereof. (c) The estimated cost of the improvements or purposes described in Section 3(a) hereof is $2,402,350, which is equal to the amount of the appropriation herein made therefor. The excess of the appropriation of $2,402,350 over the estimated maximum amount of bonds or notes to be issued therefor being the amount of said $120, 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

10 Jackson Township Council Meeting of July 12, 2016 Page 10 of 33 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 $2,282, and the obligations authorized herein will be within all debt limitations prescribed by that Law. (d) An aggregate amount not exceeding $313,350 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. DATE: MAYOR MICHAEL REINA

11 Jackson Township Council Meeting of July 12, 2016 Page 11 of 33 NOTICE OF PENDING BOND ORDINANCE The bond ordinance, the summary terms of which are included herein, was introduced and passed upon first reading at a meeting of the governing body of the Township of Jackson, in the County of Ocean, New Jersey, held on July 12, It will be further considered for final passage after public hearing thereon, at a meeting of said governing body to be held in the Municipal Complex, 95 West Veterans Highway, Jackson, New Jersey, on July 26, 2016, at 7:30 p.m., or as soon thereafter as said matter can be reached, at which time and place all persons who may be interested therein will be given an opportunity to be heard concerning the same. A copy of this ordinance has been posted on the bulletin board upon which public notices are customarily posted in the Municipal Complex of the Township during the week prior to and up to and including the date of such meeting; copies of the ordinance are available to the general public of the Township who shall request such copies, at the office of the Municipal Clerk in said Township of Jackson, in the County of Ocean, New Jersey. Ann Marie Eden, RMC Township of Jackson ORDINANCES, FIRST READING: ORDINANCE: TITLE: BOND ORDINANCE REAPPROPRIATING $40,000 IN EXCESS BOND PROCEEDS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO FINANCE THE COST OF THE ACQUISITION OF NON-PASSENGER POLICE VEHICLES, AUTHORIZED IN AND BY THE TOWNSHIP OF JACKSON, IN THE COUNTY OF OCEAN, NEW JERSEY MOTION TO APPROVE BOND ORDINANCE ON FIRST READING, ADVERTISE THE APPROVAL, NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON JULY 26, 2016 BY: CALOGERO MOTION SECONDED BY: UPDEGRAVE ORDINANCE WHEREAS, the Township Council of the Township of Jackson, in the County of Ocean, New Jersey (the "Township") finally adopted Bond Ordinance No on July 22, 2008, and Bond Ordinance No on August 25, 2009 (collectively the Ordinances ); and WHEREAS, following the effective dates of the Ordinances, the Township issued bonds to fully fund same and to finance the improvements or purposes authorized therein; and WHEREAS, the Township has determined that the improvements to set forth in the Ordinances have either been completed in full or discontinued as a result of events occurring subsequent to the adoption of the Ordinances, as applicable; and WHEREAS, there currently remains on deposit in the Township capital accounts excess bond proceeds in the amount of $40,000, which excess bond proceeds are allocable to such project improvements in the Ordinances (the Excess Proceeds ), but no longer necessary to complete such improvements or purposes authorized therein; and WHEREAS, in accordance with its statutory powers set forth in Section 39 of the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (the Local Bond Law ), the Township Council has determined that it is in the best interest of the Township to reappropriate the Excess Proceeds to finance the cost of the acquisition of nonpassenger police vehicles, for which improvements bonds may be issued, thereby, decreasing the amount of additional Township debt to finance such current capital needs; and

12 Jackson Township Council Meeting of July 12, 2016 Page 12 of 33 WHEREAS, the Township Council now desires to reappropriate the Excess Proceeds to undertake the cost of the acquisition of nonpassenger police vehicles for the Township Police Department. 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. It is hereby determined that the aggregate amount of $40,000 of the balance of the appropriations for capital purposes originally made available pursuant to the following Ordinances of the Township is no longer necessary for the purposes for which the obligations previously were authorized: Amount to be Reappropriated Ordinance & Purpose $15, No adopted July 22, 2008, providing for the acquisition and implementation of a hydraulic system transfer station. $24, No adopted August 25, 2009, providing for the implementation of a Township recycling center. $40, Total to be reappropriated to other capital purposes Section 2. The appropriations for the purposes in the amounts set forth in Section 1 hereof are hereby canceled and reappropriated pursuant to N.J.S.A. 40A:2-39 to other capital purposes as set forth in Section 3 hereof. Section 3. The aggregate amount of $40,000, representing the amount referred to in Section 1 hereof, is hereby appropriated to provide for the following capital improvement purposes, together with all purposes necessary, incidental or appurtenant thereto, all as shown on and in accordance with plans, specifications or requisitions therefor on file with or through the Township Clerk, as finally approved by the governing body of the Township, and the estimated cost of each project is as follows: Amount to be Appropriated Purpose $40,000 The acquisition of nonpassenger police vehicles for the Township Police Department. Section 4. The following additional matters are hereby determined, declared, recited and stated: (a) The purposes described in Section 3 of this bond ordinance are not current expenses and are property or improvements which the Township may lawfully acquire or make 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 said purposes within the limitations of the Local Bond Law and according to the reasonable life thereof computed from the date of said bonds authorized by this bond ordinance is five (5) years. (c) An aggregate amount not exceeding $5,000 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 improvement or purpose herein before described. Section 5. 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

13 Jackson Township Council Meeting of July 12, 2016 Page 13 of 33 Government Services is on file with the Township Clerk and is available there for public inspection. Section 6. The Township covenants to maintain the exclusion from gross income under Section 103(a) of the Code, of the interest on all bond proceeds reappropriated by this bond ordinance. Section 7. This ordinance shall take effect twenty (20) days after the first publication thereof after final adoption. Date: MAYOR MICHAEL REINA NOTICE OF PENDING BOND ORDINANCE The bond ordinance, the summary terms of which are included herein, was introduced and passed upon first reading at a meeting of the governing body of the Township of Jackson, in the County of Ocean, New Jersey, held on July 12, It will be further considered for final passage after public hearing thereon, at a meeting of said governing body to be held in the Municipal Complex, 95 West Veterans Highway, Jackson, New Jersey, on July 26, 2016, at 7:30 p.m., or as soon thereafter as said matter can be reached, at which time and place all persons who may be interested therein will be given an opportunity to be heard concerning the same. A copy of this ordinance has been posted on the bulletin board upon which public notices are customarily posted in the Municipal Complex of the Township during the week prior to and up to and including the date of such meeting; copies of the ordinance are available to the general public of the Township who shall request such copies, at the office of the Municipal Clerk in said Township of Jackson, in the County of Ocean, New Jersey. Ann Marie Eden, RMC Township of Jackson PUBLIC COMMENT OPENED, RESOLUTIONS ONLY. NO ONE CAME FORWARD. MOTION TO CLOSE PUBLIC COMMENT, RESOLUTIONS ONLY BY: CALOGERO MOTION SECONDED BY: BRESSI RESOLUTION 240R-16 TITLE: AUTHORIZE THE USE OF THE TOWNSHIP RIGHTS-OF-WAY BY CROSS RIVER FIBER MOTION TO APPROVE BY: BRESSI MOTION SECONDED BY: CALOGERO WHEREAS, Cross River Fiber LLC ( Cross River Fiber ) seeks to place its telecommunication facilities aerially on existing utility poles or in an underground conduit in the Public Rights-of-Way within the Township of Jackson for the purpose of owning, constructing, installing, operating, repairing and maintaining a telecommunications system; and WHEREAS, Cross River Fiber was approved by the New Jersey Board of Public Utilities to provide local exchange and interexchange telecommunications services.throughout the State; and

14 Jackson Township Council Meeting of July 12, 2016 Page 14 of 33 WHEREAS, N.J.S.A. 48:3-19 requires Cross River Fiber to obtain the consent of the Township for the joint use of any existing utility poles; and WHEREAS, N.J.S.A. 54:30A-124(a) provides that a municipality may not impose any fees, taxes, levies or assessments in the nature of a local franchise, right of way, or gross receipts fee, tax, levy or assessment against telecommunications companies but that a municipality may impose reasonable fees for actual services made by any municipal, regional or county governmental agency; and WHEREAS, the governing body desires to grant consent for the non-exclusive use of the Public Rights-of-Way for the purpose of owning, constructing, installing, operating, repairing and maintaining a Telecommunications system to Cross River Fiber. 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 governing body does hereby grant Cross River Fiber a non-exclusive use of the Public Rights-of-Way for the purpose of owning, constructing, installing, operating repairing and maintaining a telecommunications system. 2. That the Mayor is hereby authorized to execute and the Township Clerk to attest to the Right of Way Use Agreement, and any other documents necessary to effectuate the terms of this resolution. Said Use Agreement shall be in a form acceptable to the Township Attorney and in a form substantially similar as the attached Schedule A. 3. That a copy of the Use Agreement referenced herein shall be kept on file and made available for public inspection at the Township Clerk s Office during normal business hours. 4. That a certified copy of this resolution, together with a copy of the Use Agreement shall be forwarded to Cross River Fiber, LLC. ANN MARIE EDEN, R.M.C. DATED: TOWNSHIP CLERK RESOLUTION 242R-16 TITLE: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MEGHAN BENNETT CLARK, ESQUIRE, OF GLUCKWALRATH, LLP, AS BOND COUNSEL FOR THE TOWNSHIP OF JACKSON MOTION TO APPROVE BY: UPDEGRAVE MOTION SECONDED BY: BRESSI WHEREAS, there exists a need for specialized legal services in connection with the authorization and the issuance of bonds or notes of the Township of Jackson in the County of Ocean, State of New Jersey, including the review of such procedures and the rendering of approving legal opinions acceptable to the financial community; and WHEREAS, the Township issued a solicitation of professional services contracts in accordance with a fair and open process adopted by the Township of Jackson in accordance with Ch. 9, P.L. 2004; and WHEREAS, said solicitation of professional services contracts satisfies the requirements of a fair and open process under N.J.S.A. 19:44A-20.5; and WHEREAS, a determination of value has been made by the Township that said contract shall be a value in excess of $17,500; and

15 Jackson Township Council Meeting of July 12, 2016 Page 15 of 33 WHEREAS, upon completion of the above-described competitive process, a contract for the provision of bond counsel services for calendar year 2016 was previously entered into between the Township and Meghan Bennett Clark, Esquire, of Dilworth Paxson, LLP; and WHEREAS, Meghan Bennett Clark, Esquire, will become affiliated with the firm of GluckWalrath, LLP. as of September 1, 2016; and WHEREAS, such special legal services can be provided only by a recognized bond counsel firm and the law firm of GluckWalrath, LLP, is so recognized by the financial community; and WHEREAS, the governing body desires to amend the appointment of Bond Counsel and to enter into an agreement to reflect the affiliation of Meghan Bennett Clark with GluckWalrath, LLP. 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 Meghan Bennett Clark, Esquire, of the law firm of GluckWalrath, LLP, is hereby retained to provide the specialized legal services necessary in connection with the authorization and the issuance of bonds or notes by the Township of Jackson, in accordance with an agreement for the provision of bond counsel services for the balance of the one-year term ending December 31, 2016, which agreement shall be in a form acceptable to the Township Attorney and shall include the same terms, fees and conditions of the agreement previously authorized for the provision of bond counsel services for calendar year That the Mayor is hereby authorized to execute and the Township Clerk to attest to, respectively, the execution of said agreement for professional services in connection with the preparation of all bond ordinances and the authorization and issuance of all bonds, bond anticipation notes, tax anticipation notes or similar obligations and related matters of capital and debt financing by the Township. 3. That the contract is awarded in compliance with N.J.S.A. 19:44A-20.5 and shall be an open-ended contract with funds being encumbered contingent upon the availability of funds in the budget year. No services shall be rendered under the contract until the Chief Financial Officer has certified the availability of funds for such services. 4. That a notice of the amended contract shall, in accordance with the Local Public Contracts Law of New Jersey, be published in an official newspaper of the Township of Jackson. 5. That this resolution shall take effect September 1, That a certified copy of this resolution shall be forwarded by the Township Clerk to the Chief Financial Officer and to Meghan Bennett Clark, Esquire, of the law firm of GluckWalrath, LLP. ANN MARIE EDEN, R.M.C. DATED: TOWNSHIP CLERK RESOLUTION 248R-16 TITLE: APPROVE RENEWAL OF MEMBERSHIP IN THE OCEAN COUNTY MUNICIPAL JOINT INSURANCE FUND FOR A THREE (3) YEAR PERIOD COMMENCING JANUARY 1, 2017 AND TERMINATING DECEMBER 31, 2019 MOTION TO APPROVE BY: CALOGERO MOTION SECONDED BY: BRESSI

16 Jackson Township Council Meeting of July 12, 2016 Page 16 of 33 WHEREAS, the Township of Jackson is a member of the Ocean County Municipal Joint Insurance Fund; and WHEREAS, said renewed membership terminates as of December 31, 2016 unless earlier renewed by agreement between the Municipality and the Fund; and WHEREAS, Administration is seeking authorization to renew the Municipality s membership for an additional three (3) year period; NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows: 1. The Township of Jackson agrees to renew its membership in the Ocean County Municipal Joint Insurance Fund effective January 1, 2017 and ending December 31, 2019 and be subject to the Bylaws, Rules and Regulations, coverages, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund. 2. The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew membership annexed hereto and made a part hereof and to deliver same to the Ocean County Municipal Joint Insurance Fund evidencing the Municipality s intention to renew its membership. Certified copies of this resolution to Municipal Administrator, Finance Office, the Fund and any other interested parties. ANN MARIE EDEN, R.M.C. DATED: TOWNSHIP CLERK BILLS AND CLAIMS: MOTION TO APPROVE BILLS AND CLAIMS BY: BRESSI MOTION SECONDED BY: CALOGERO ABSTAIN: UPDEGRAVE (WINDING WAYS), NIXON (OCEAN COUNTY BOARD OF HEALTH) CHECK# VENDOR AMOUNT

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