TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE

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TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

b s ) offered the following Resolution for adoption, seconded by Mr(s). 11 Resolution No: R-11-309 RESOLUTION RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL, AUTHORIZING A REFUND OF RECREATIONAL PROGRAM FEES WHEREAS, the following individuals have requested a refund for recreation program fees; 11 1. USSI Transfer - Lauren Donnelly - 7 Marc Drive Howell, NJ 07731, in the amount of $30.00 I1 2. USSI Transfer - Paula Tirrell - 46 S. Longview Road Howell, NJ 07731, in the amount of $60.00 3. Squirts Camp - Danielle Aldaresi - 15 Greentree Ct Howell, NJ 07731, in the amount of $79~00 (cc) I1 11 4. Squirts Camp - Dawn Jones - 428 Shady Lane Howell, NJ 07731, in the amount of $79.00 (cc) I1 X 5. Squirts Camp - Cheryl Lanza - 78 Concord Circle Howell, NJ 0773 1, in the amount of $79.00 6. Squirts Camp - Carlos & Natalie Maldonado - 26 Appian Court Freehold, NJ 07728, in the amount of $79.00 7. Teen Trips - Susan Smith - 23 Derringer Drive Howell, NJ 0773 1, in the amount of $7.00 8. Teen Trips - Vanessa Davis - 39 Pine Needle Street Howell, NJ 07731, in the amount of $7.00 9. Sport Squirts - Josephine Cobo - 5 Admirals Row, Freehold, NJ 07728, in the amount of $79.00 I1 10. Howeli Day - Laura Feldman - 42 Flannigan Drive, Howell, NJ 0773 1, in the amount of $25.00 I1 1 1. Joanne Emmons - 1042 Maxim Southard Road, Howell, NJ 0773 1, in the amount of $7.00 NOW, THEREFORE BE IT RESOLVED, the above individuals are hereby refunded for recreation program fees. I/ WE - AYES Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Welsh NAYS - ABSTAIN ABSENT DISQUALIFY This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on October 18,20 1 1. BRUCE DAVIS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4.201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr.(s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R- 1 1-3 10 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE, ACCEPTANCE OF MAINTENANCE GUARANTEE AND ACCEPTANCE OF TOWER REMOVAL BOND MATTER: PERFORMANCE GUARANTEE RELEASE APPLICANT: NEW YORK SMSA LP, D/B/A VERIZON WIRELESS PROJECT: VERIZON CELL TOWER-HOWELL 6 BLOCK 50 LOT 44.04 PREVENTORIUM ROAD CASE NO.: SP-940 CONTRACT #09-02 WHEREAS, the above-named Developer of the above-named land use development located on property known as Block 50 Lot 44.04, previously posted as a condition of the Planning Board approval, and in accordance with the requirements of the Township for the development of said property, a Performance Guarantee and Performance Bond to insure proper construction of real property improvements therein; and WHEREAS, the Developer has made a request for release of the Performance Guarantee; and WHEREAS, the Township Engineer by Memorandum dated August 30, 2011 recommends releasing of the Performance Bond Number 8216-06-44 issued by Federal Insurance Company posted in the amount of $53,804.35 representing 90% of the Performance Guarantee and the 10% cash portion posted in the amount of $5,978.26. NOW, THEREFORE, BE IT RESOLVED by Mayor and Township Council of the Township of Howell, County of Monmouth, State of New Jersey as follows: 1. Verizon Wireless is hereby granted the request for release of the aforesaid Guarantee in accordance with the letter and recommendation of the Township Engineer aforesaid.

Page 2 2. The Township accepts Maintenance Bond Number 8219-65-36 issued by Federal Insurance Company in the amount of $4,378.00 and Tower Removal Bond Number 01 70342 15 issued by Liberty Mutual Insurance Company in the amount of $25,000.00. 3. That said release of the performance guarantee is contingent upon the applicantldeveloper reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township Ordinances for the release of said performance guarantee, 4. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Township Engineer b. Guarantee Coordinator c. Chief Financial Officer d. Purchasing Agent e. ApplicantIDeveloper - VOTE -- AYES NAYS ABSTAIN ABSENT DISQUALIFY Ms. Clark Mr. Gotto Ms. Smith Mr. Nicastro Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on October 18, 201 1. BRUCE DAVIS TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr. (s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R-11-3 1 1 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE AND WAIVING THE MAINTENANCE REQUIREMENT MATTER: PERFORMANCE GUARANTEE RELEASE APPLICANT: OAK HOLLOW DEVELOPERS DEVELOPMENT: OAK HOLLOW I1 BLOCK 93 LOTS 109-122 EXTENSION OF HIDDEN VALLEY COURT CASE NO.: SD-2776 SITE IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development located on property known as Block 93 Lots 109-122, previously posted as a condition of the Planning Board approval, and in accordance with the requirements of the Township for the development of said property, a Performance Guarantee and Performance Bond to insure proper construction of real property improvements therein; and WHEREAS, the Developer has made a request for release of the Performance Guarantee; and WHEREAS, the Township Engineer by Memorandum dated September 6, 2011 has recommended release of the Performance Bond Number 893341s issued by Developers Surety and Indemnity Company originally posted in the amount of $195,359.95 reduced to $69,335.47 representing 90% of the Performance Guarantee. The 10% cash portion posted in the amount of $21,706.66 will be retained by the Township as part of the Basin Maintenance Fee for future maintenance of the basin. The developer submitted Check No. 1206627 in the amount of $22,953.34 which added to the 10% cash equals $44,660.00, the Basin Maintenance Fee. NOW, THEREFORE, BE IT RESOLVED by Mayor and Township Council of the Township of Howell, County of Monmouth, State of New Jersey as follows: 1. Oak Hollow Developers is hereby granted the request for release of the aforesaid Performance Bond in accordance with the :.., dncl recommendation of the Township Engineer aforesaid. 2. The 10% cash portion ($21,706.66) will be retained by the Townshp as part of the Basin Maintenance Fee.

Page 2 3, The maintenance guarantee requirement is waived. 4. That said release of the performance guarantee is contingent upon the applicantldeveloper reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township Ordinances for the release of said performance guarantee, 5. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Township Engineer b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantIDeveloper VOTE Mrs. Clark Mr. Gotto Mrs. Smith Mr. Nicastro Mayor Walsh -- AYES NAYS ABSTAIN ABSENT DISQUALIFY This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on October 18,201 1. BRUCE DAVIS TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18,201 1 AGENDA ITEM NUMBER

Mr.(s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R- 1 1-3 12 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE WAIVE MAINTENANCE GUARANTEE AS PER EXECUTED HOLD HARMLESS AGREEMENT MATTER: PERFORMANCE GUARANTEE RELEASE APPLICANT: C.D.H.T. ENTERPRISES DEVELOPMENT: RIVER'S EDGE BLOCK 152 LOTS 10.02-10.09 RIVER DRIVE CASE NO.: SD-2571 SITE IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development located on property known as Block 152 Lots 10.02 to 10.09, previously posted as a condition of the Planning Board approval, and in accordance with the requirements of the Township for the development of said property, a Performance Guarantee and Performance Bond to insure proper construction of real property improvements therein; and WHEREAS, the Developer executed a Cash Guarantee Release and an Indemnification and Hold Harmless to the Township stating he is holding the Township harmless and releasing the cash guarantee to the Township; and WHEREAS, the Township Engineer by Memorandum dated September 14, 20 1 1 has recommended release of Performance Bond Number 004528 issued by International Fidelity Insurance Company originally posted in the amount of $280,110.52 reduced to $1 59,976.60 and further reduced to $144,558.00 representing 90% of the Performance Guaha~ee. The 10% cash portion in the amount of $16,184.00, plus any interest, will be retained by the Township as per the cash guarantee release executed by the developer. NOW, THEREFORE, BE IT RESOLVED by Mayor and Township Council of the Township of Howell, County of Monmouth, State of New Jersey as follows: 1. C.D.H.T. Enterprises is hereby granted the request for release of the aforesaid Performance Bond in accordance with the letter and recommendation of the Township Engineer aforesaid. 2. That said release of the performance guarantee is contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township Ordinances for the release of said performance guarantee.

Page 2 3. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Township Engineer b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantIDeveloper VOTE -- AYES NAYS ABSTAIN ABSENT DISOUALIFY Mrs. Clark Mr. Gotto Mrs. Smith Mr. Nicastro Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on October 18,201 1. BRUCE DAVIS TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr. (s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R- 1 1-3 13 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE AND WAIVING THE MAINTENANCE REQUIREMENT MATTER: PERFORMANCE GUARANTEE RELEASE APPLICANT: OAK HOLLOW DEVELOPERS DEVELOPMENT: OAK HOLLOW I1 BLOCK 93 LOTS 109-122 EXTENSION OF HIDDEN VALLEY COURT CASE NO.: SD-2776 SITE IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development located on property known as Block 93 Lots 109-122, previously posted as a condition of the Planning Board approval, and in accordance with the requirements of the Township for the development of said property, a Performance Guarantee and Performance Bond to insure proper construction of real property improvements therein; and WHEREAS, the Developer has made a request for release of the Performance Guarantee; and WHEREAS, the Township Engineer by Memorandum dated September 6, 201 1 has recommended release of the Performance Bond Number 893341 S issued by Developers Surety and Indemnity Company originally posted in the amount of $195,359.95 reduced to $69,335.47 representing 90% of the Performance Guarantee. The 10% cash portion posted in the amount of $21,706.66 will be retained by the Township as part of the Basin Maintenance Fee for future maintenance of the basin. The developer submitted Check No. 1206627 in the amount of $22,953.34 which added to the 10% cash equals $44,660.00, the Basin Maintenance Fee. NOW, THEREFORE, BE IT RESOLVED by Mayor and Township Council of the Township of Howell, County of Monrnouth, State of New Jersey as follows: 1. Oak Hollow Developers is hereby granted the request for release of the aforesaid Performance Bond in accordance with the letter and recommendation of the Township Engineer aforesaid. 2. The 10% cash portion ($21,706.66) will be retained by the Township as part of the Basin Maintenance Fee.

Page 2 3. The maintenance guarantee requirement is waived. 4. That said release of the performance guarantee is contingent upon the applicantldeveloper reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township Ordinances for the release of said performance guarantee, 5. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following: a. Township Engineer b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantIDeveloper VOTE -- AYES NAYS ABSTAIN ABSENT DISQUALIFY Ms. Clark Mr. Gotto Ms. Smith Mr. Nicastro Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on October 18, 201 1. BRUCE DAVIS TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr. (s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R- 1 1-3 1 4 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF THE MAINTENANCE GUARANTEE MATTER: SUBDIVISION APPLICANT: M.G.A.W. GROUP, INC. DEVELOPMENT: ARDENA ACRES AT ALDRICH WOODS BLOCK35 LOTS 40.01-40.17 FREEDOMCOURT CASE NO.: SD-2784 SITE IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development, Block 35 Lots 40.01-40.17 posted a maintenance guarantee in the form of Maintenance Bond Number B1268054M issued by Travelers Indemnity Company in the amount of $69,034.06; and WHEREAS, said Developer completed all punchlist items; and WHEREAS, the Township Engineer, William H. Nunziato, Jr., reviewed the site and determined by memorandum dated September 6, 201 1 that said maintenance bond should be returned. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. The Township Council of the Township of Howell hereby formally authorizes the return of the maintenance guarantee in the form of Maintenance Bond Number B1268054M issued by Travelers Indemnity Company in the amount of $69,034.06 to the developer of the site. 2. Said release of the maintenance guarantee is specifically contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all charges as per Township Ordinance for the release of said maintenance guarantee. 3. Upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the following: a. Township Engineer b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantlDeveloper e. Travelers Indemnity Company

Page 2 - VOTE Ms. Clark Mr. Gotto Mr. Nicastro Ms. Smith Mayor Walsh -- AYES NAI7S ABSTAIN ABSENT DISOUALIFY This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on October 18, 201 1. BRUCE DAVIS TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr.(s) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R- 1 1-3 1 5 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF THE MAINTENANCE GUARANTEE MATTER: RELEASE MAINTENANCE GUARANTEE APPLICANT: SEMINOLE DEVELOPMENT CO., LLC DEVELOPMENT: SEMINOLE WOODS BLOCK 78.10 LOTS 32.03-32.13 SEMINOLE CT. CASE NO.: 04-29 SANITARY SEWER IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development, Block 78.10 Lots 32.03-32.13 posted a maintenance guarantee in the form of Bond Number FP0014359 issued by First Indemnity of America Insurance Company in the amount of $14,571.60 and WHEREAS, said developer completed all punchlist items; and WHEREAS, the Township Engineer, William H. Nunziato, Jr., determined by memorandum dated September 15,20 1 1 that said maintenance bond should be returned. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. The Township Council of the Township of Howell hereby formally authorizes the return of the maintenance guarantee in the form of Maintenance Bond Number FP0014359 issued by First Indemnity of America Insurance Company in the amount of $14,571.60 to the developer of the site. 2. Said release of the maintenance guarantee is specifically contingent upon the applicant/developer reimbursing the Township for the cost of any and all outstanhng construction inspection fees and the cost of any and all charges as per Township Ordinance for the release of said maintenance guarantee. 3. Upon the adoption of the within.resolution, the Clerk'is authorized and directed to forward a certified copy of it to the following: a. Township Engineer b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantIDeveloper

Page 2 VOTE Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Walsh -- AYES NAYS ABSTAIN ABSENT DISOUALIFY This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on October 18,201 1. BRUCE DAVIS- TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4. 201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr.6) Mr. (s) offered the following Resolution for adoption seconded by Resolution No. R- 1 1-3 1 6 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF THE MAINTENANCE GUARANTEE MATTER: RELEASE MAINTENANCE GUARANTEE APPLICANT: MSC ENTERPRISES, LLC PROJECT: LANES POND ESTATES BLOCK 37 LOTS 2.01-2.05 LANES POND ROAD CASE NO.: SD-2807 SITE IMPROVEMENTS WHEREAS, the above-named Developer of the above-named land use development, Block 37 Lots 2.01 to 2.05 posted a maintenance guarantee in the form of Maintenance Bond Number 5023567 issued by Bond Safeguard Insurance Company in the amount of $25,911.73; and WHEREAS, said Developer requested the return of said Maintenance Guarantee; and WHEREAS, the Township Engineer, William H. Nunziato, Jr., reviewed the site and determined by memorandum dated September 20, 201 1 that said maintenance bond should be returned. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. The Township Council of the Township of Howell hereby formally authorizes the return of the maintenance guarantee in the form of Maintenance Bond Number 5023567 issued by Bond Safeguard Insurance Company in the amount of $25,9 1 1.73 to the developer of the site. 2. Said release of the maintenance guarantee is specifically contingent upon the applicantldeveloper reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all charges as per Township Ordinance for the release of said maintenance guarantee. 3. Upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the following: a. Township Engineer b. Guarantee Coordinator c. Chief Financial Officer d. ApplicantlDeveloper

Page2 - VOTE -- AYES NAYS ABSTAIN ABSENT DISQUALIFY Ms. Clark Mr. Gotto Mr. Nicastro Ms. Smith Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on October 18,201 1. BRUCE DAVIS TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr(s). seconded by Mr(s). offered the following Resolution for adoption Resolution No. R-11-3 17 A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF CERTAIN GUARANTEES MATTER PROJECT DEVELOPER CASE NUMBER SUBDIVISION JEWEL RIDGE I1 NVR, INC. 1451 HIGHWAY 34, SUITE 201 FARMINGDALE, NJ 07727 SD-2859 WHEREAS, the above named developer of the above named land use development, in order to secure a recommendation from the Engineering Department for Certificates of Occupancy for Block 2 Lots 2.03 and 2.04 posted a guarantee to insure the completion of the landscaping; and WHEREAS, the developer completed the landscaping and the landscaping was inspected by the Engineering Department; and WHEREAS, by memorandum dated September 16,201 1, the Township Engneer recommends the return of guarantee in the amount of $4,800.00. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Office be and is hereby authorized to return to the developer the guarantee in the amount of $4,800.00, plus interest if any, said funds to be returned to the developer from the developer's escrow account 37-2080-00-32859-01 9. 2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: TOWNSHIP ENGINEER TOWNSHIP TREASURER GUARANTEE COORDINATOR PROPERTYDEVELOPER VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on October 18,20 1 1. BRUCE DAVIS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 I October 18, 201 1 AGENDA ITEM NUMBER

Mr(s). seconded by Mr(s). offered the following Resolution for adoption Resolution No. R- 1 1-3 1 8 A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF CERTAIN GUARANTEES FOR: MATTER PROJECT DEVELOPER CASE NUMBER RETURN STABILIZATION GUARANTEE RIVER'S EDGE LYNDON DEVELOPERS 3 LYNDON LANE HOWELL, NJ 07731 SD-2571 WHEREAS, the above named developer of the above named land use development, in order to secure a recommendation from the Engineering Department for a Certificate of Occupancy posted certain guarantees to insure the stabilization was completed; and WHEREAS, the developer completed the stabilization; and WHEREAS, by memorandum dated September 9, 201 1, the Township Engineer recommends the return of guarantee in the amount of $1,500.00. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Office be and is hereby authorized to return to the developer the guarantee in the amount of $1,500.00, plus interest if any, said funds to be returned to the developer from the developer's escrow account 37-2080-00-1 257 1-02 1. 2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: TOWNSHIP ENGINEER TOWNSHIP TREASURER GUARANTEE COORDINATOR PROPERTY DEVELOPER VOTE AYES NAYS ABSTAIN ABSENT DISOUALIFY Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on October 18,201 1. BRUCE DAVIS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr(s). Mr(s). offered the following Resolution for adoption, seconded by A RESOLUTION OF THE TOU%SHIP COIINCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURK OF 113 CASH REPAIR DEPOSIT GUAR4NTEE MATTER: ROAD OPEXING PERMIT #2010-050 APPLICANT: MATTHEM' FLICK ADDRESS 12 MAFXWOOD DRIVE, HOWELL NJ 07731 W'HEREAS, the above named applicant requested release of the cash repair deposit guarantee; and WHEREAS, the applicant completed all necessary repairs covered by Road Opening Pem~it 8201 0-050 and said repairs were inspected by the Engineering Departnieilt: and WHEREAS. by memorandum dated September 8, 2011. the Tommshp Engineering Deparhnent recon~nlends the retun1 of 1.3 of the cash rcpair deposit guarantee (5933.343; and NOW7? THEREFORE, BE IT RESOLVED by the Township Cou~icil of the Township of Howell that a refund in the amount of S?3_'.?4. p!us interest if any. is al~thorized to be paid to from escrow account 37-2080-01005C-023. VOTE AYES NAYS ABSTAIN ABSENT Mayor Walsh Mr. Nicastro Ms. Schroeder-Clark Mrs. Smith Mr. Gotto This is to certie that the foregoing Resolution was adopted by the Township Coulicil of the Township of Howell during a regular meeting held by that body on October 18, 2011. BRUCE DAVIS, TOM'NSHIP CLERK Road 201 0-053 resolution reiease l!? cash repair deposit 9 9 1 1

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 20 1 I October 18. 201 1 AGENDA ITEM NUMBER

RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: BFWIHowell Associates, LLC 370 Delaware Avenue Buffalo, NY 14202 CASE NO. Planning Board Case No.: SP-935 DEVELOPMENT: Refund of Unused Escrow Fees WHEREAS, the above named, Block 28, Lot 66.01, US Highway Rte. 9, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D- 53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Ap@ka& requested an accounting of their Escrow Account; and WHEREAS, the Planning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer, the unused escrow fee in the amount of $2,264.87 plus interest, if applicable, and Account No.: 36-2080-00-00935-001. 2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the. Township of Howell at a public business meeting held on October 18,201 1. BRUCE DAVIS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Victor Cappetta 3 Louise Drive Farmingdale, NJ 07727 CASE NO. Planning Board Case No.: SD-2852 DEVELOPMENT: Refund of Unused Escrow Fees WHEREAS, the above named, Block 184, Lot 43, Louise Drive, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Applicant requested an accounting of their Escrow Account; and WHEREAS, the Planning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer, the unused escrow fee in the amount of $243.50 plus interest, if applicable, and Account No.: 36-2080-00-02852-002. 2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Walsh AYS NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on October 18, 20 1 1. BRUCE DAVIS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

RESOLUTION RETURN OF UNUSED ESCROW FUNDS offered the following Resolution for adoption seconded by A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED ESCROW FUNDS: MATTER REFUND: Gary Rodgers 31 Suwyside Road Howell, NJ 07731 CASE NO. Zoning Board Case No.: 10-05 DEVELOPMENT: Refund of Unused Escrow Fees WHEREAS, the above named, Block 135, Lot 11.01, Sunnyside Road, Howell, NJ, previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D- 53.2) and Township Ordinances, Escrow Fees for professional services to assure proper reviews; and WHEREAS, this Applicant requested an accounting of their Escrow Account; and WHEREAS, the Zoning Board office has recommended the return of the unused Escrow Fees, plus interest, if applicable; and

NOW, THEREFORE, BE IT RESOLVED by the Townshp Council of the Township of Howell as follows: 1. That the Township Finance Officer is hereby authorized to return to the developer, the unused escrow fee in the amount of $312.58 plus interest, if applicable, and Account No.: 36-2080-00-01005-025. 2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: A. Township Engineer B. Township Guarantee Coordinator C. Township Treasurer D. Property Developer VOTE: Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Walsh AY S NAYS ABSTAIN ABSENT This is to certify that the following Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on October 18,20 1 1. BRUCE DAVIS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4. 201 1 October 18. 201 1 AGENDA ITEM NUMBER

M r(s). offered the following Resolution and moved its adoption seconded by Mr(s). RESOLUTION NO. R-11-323 RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AWARDING A PROFESSIONAL SERVICE CONTRACT TO THE 201 1 APPOINTED ARCHITECT, WAYNE ALLAN NEVILLE, AIA FOR ARCHITECTURAL SERVICES FOR THE EX'rERIOR/INTERIOR REPAIRS AND INTERIOR FIT-OUT OF THE GLOBAL BUILDING FOR A SUM NOT TO EXCEED $53,000.00. WHEREAS, the Township of Howell requires architectural services for the exteriorlinterior repairs and interior fit-out of the Global Building; and WHEREAS, funds are available and have been certified to by the Township CFO for said project; and WHEREAS, this contract is being awarded as a professional service in accordance with tlie requirements of the Local Public Contracts Law and the General Provisions of the Township of Howell Ordinance 0-05-20 ; and WHEREAS, this contract will further be based upon the proposal from Wayne Allan Neville, AIA, 430 Commerce Lane, Suite C, West Berlin, NJ 08091 dated Septerr~ber 1, 201 1. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows: 1. That the Township Council of the Township of Howell hereby formally awards a contract to Wayne Allan Neville, AIA for architectural services for the exteriorlinterior repairs and interior fit-out of the Global Building in accordance with the proposal of September 1, 201 1 attached hereto and made a part hereof. 2. That this contract will be carried out in accordance with the terms of the contract for Township Consulting Architect for the year 201 1 with Wayne Allen Neville, AIA. 3. The maximum amount to be expended on said project is $53,000.00 and will be based upon the September 1,201 1 proposal.

4. This contract is awarded without competitive bidding as a "professional service" in accordance with N.J.S.A. 40A:ll-5(l)(a) of the Local Public Contracts Law because of the specialized professional architectural services required to perform said service. 4. A notice of this action shall be printed once in an official newspaper of the Township of Howell. 5. That upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the Township CFO, QPA and Wayne Allen Neville, AIA. VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held on October 4, 201 1. BRUCE DAVIS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

TOWNSHIP of HOWELL Resolution No. R- 1 1-324 Resolution: Approval to submit a grant application and execute a grant contract with the New Jersey Department of Transportation for the Newbury Road project. NOW. THEREFORE, BE IT RESOLVED that Council of Howell formally approves the grant application for the above stated project. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to submit an electronic grant application identified as MA-2012-Howell Township-00524 to the New Jersey Department of Transportation on behalf of the Township of Howell. BE IT FURTHER RESOLVED that Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the Township of Howell and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. Certified as a true copy of the Resolution adopted by the Council On this 4th day of October, 201 1. Bruce Davis? Township Clerk My signature and the Clerk's seal serve to acknowledge the above resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement as authorized by the resolution above. ATTEST and AFFIX SEAL Bruce Dav~s. Township Clerk Robert F. Walsh. Mayor (Presiding Officer)

VOTE - AYES NAYS - ABSTAIN ABSENT DISQUALIFY Mrs. Clark Mr. Gdio Mr. Nicastro Mrs. Smith Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on October 4, 201 1. BRUCE DAVIS; TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr(s). moved its adoption seconded by Mr(s). offered the following Resolution and RESOLUTION R-I 1-325 WHEREAS, the Township Council of the Township of Howell advertised for bids for the lmprovements to Ford Road - Phase IV (CDBG)- Contract #I 1-08, and WHEREAS, two bids were received on September 9, 2011 for the above project and reviewed by the Township Manager and the Consulting Engineer; and WHEREAS, the Township Manager and the Consulting Engineer want to reject all bids because the lowest bid substantially exceeds the appropriation available for the project as detailed in the specifications for the above project (N.J.S.A. 40A11-13.2b); and WHEREAS, said bid specifications reserve the right to the Township of Howell in its sole discretion to reject any and all bids; and WHEREAS, the Township Council is satisfied that the best interests of the Township will be served by rejecting all bids. NOW, 'THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell that it has determined,that all bids submitted for the lmprovements to Ford Road - Phase IV (CDBG)- Contract #I 1-08 be rejected and permission is granted to re-advertise the project. BE IT FURTHER RESOLVED that a copy of this Resolution certified by the Clerk of,the Township of Howell to be a true copy be forwarded to the following two companies submitting bids: Seminole Construction, 128 Barlett Ave., West Creek, NJ 08092

Lucas Construction Group, Inc., 173 Amboy Rd., Morganville, NJ 07751 VOTE AYES NAYS ABSTAIN ABSENT Mrs. Clark Mr. Gotto Mr. Nicastro Mrs. Smith Mayor Walsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on October 4, 201 1. Bruce Davis, Township Clerk

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18,201 1 AGENDA ITEM NUMBER

Mr(s). offered the following Resolution for adoption seconded by Mr(sl. I Resolutior. No. R- 1 1-326 I ll /I WHEREAS, the Township of Howell desires to apply for and obtain a grant from the New Jersey Department of Commun~ty Affairs for approximately $25,000 to carry out a project for the 20 1 1 Teen Adventures Summer Program; BE IT THEREFORE RESOLVED (1) that the Township of Howell does hereby authorize the application for such a grant: and (2) reco-mzes and accepts that the Department may offer a lesser or greater amount and therefore, upon recelpt of the grant agreement from the New Jersey Departmen: of Community Affalrs. does further authonze tlze execut~on of any such grant ageen ent; and also, upon recelpt of the fully executed agreement from the Department does fucher authorize the expenditure of funds pursuant to the terms of the agreement between tlze Townsh~p of Howell and the Ne~7 Jersey Department of Comniun~ty Affans. BE IT FURTElER RESOLVED that tie per-sons wliose names, titles and signatures appear below are authorized to sign the application. and that they or their successors in said titles are authorized to sign the agresment, and any other documents necessary in connection therewith: ll (signature) Robert F. Walsh (type or print narnej Mavo: (title) VOTE:,4I7ES NAYS ABSTAIK ABSENT DISQUALIFY Mrs. Clark Mr. Nicastro Mrs. Smith Mr. Gotto Mayor Mjalsh This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held October 3. 20 1 1. BRUCE DAk-IS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 I October 18. 201 I AGENDA ITEM NUMBER

offered the following resolution, seconded by RESOLUTION WHEREAS, the 201 1 budget of the Township of Howell was passed May 24,201 1, and WHEREAS, the township has purchased a building known as the Global Corporate Center to use as a Town Hall, which currently is partially rented and occupied by commercial pr'ofessional bus~nesses, and WHEREAS, the township needs to provide for the operating and maintenance costs of this building for the remainder of the year, and WHEREAS, an emergency has arisen with respect to the costs of operating and maintaining said building, and WHEREAS, N.J.S. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned, and WHEREAS, the total amount of emergency appropriation(s) created including the appropriation to be created by this resolution is..... $1 14,500.00 and three percent of the total operations in the budget for the year is... $1,321,614.68 NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S.A. 40A:4-48, 1. An emergency appropriation be and the same is hereby made for the following: Department of Public Works Global Building Operating and Maintenance Salary and Wages......$ 22,500.00 Other Expenses..... 92,000.00 2. That said emergency appropriation shall be provided in full in the 201 2 budget. 3. That two certified copies of this resolution be filed with the Director of Local Government Services. ROLL CALL: VOTE: AYES NAYS ABSTAIN ABSENT Mrs. Clark Mr. Gotto Mrs. Smith Mr. Nicastro Mayor Walsh I, Bruce Davis, Clerk of the Township of Howell, County of Monmouth, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Township Council at a meeting of said Township Council held on October 4, 201 1. Bruce Davis, Township Clerk

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 20 1 1 October 18, 201 1 AGENDA ITEM NUMBER

Mr.(s) offered the following Resolution for adoption seconded by Mr. (s) Resolution No. R-11-328 ---------- RESOLUTION I WHEREAS, the following taxpayers have overpaid their taxes and are entitled to a refund, NOW THEREFORE, BE IT RESOLVED on this 4" day of October, 201 1, by the Township Council of the Township of Howell, the County of Monmouth, that the Township Treasurer be and hereby is authorized to draw a check to the following list of Taxpayers in the amount stated, and that the Tax Collector is charged with the duty of seeing that said refunds are paid to said persons. Mrs. Clark Mr. Gotto Mrs. Smith Mr. Nicastro Mayor Walsh VOTE AYES NAYS ABSTAIN ABSENT This is to certify that the foregoing RESOLUTION was adopted by the Howell Township Council during a regular 1 meeting held by that body on October 4,2011. BRUCE DAVIS, TOWNSHIP CLERK

TOWNSHIP OF HOWELL TOWNSHIP CLERK'S OFFICE RESOLUTION COVER PAGE WORKSHOP MEETING DATE REGULAR MEETING DATE October 4, 201 1 October 18, 201 1 AGENDA ITEM NUMBER

M r(s). offered the following Resolution and moved its adoption seconded by Mr(s). RESOLUTION NO. R-11-329 RESOLUTION AUTHORIZING A REFUND OF A CONS'TRUC'TION PERMIT APPLlCATlON WHEREAS, Bayview Electric Inc. 336 Maryland Ave. Bayville, nj 08722, obtained Construction Permit #2011-1332+A and paid a fee of $41.OO on check #I 7221 ; and WHEREAS, the refund is being requested due to the d~.~plication by the homeowner of the project; and WHEREAS, there is a $1.OO Department of Community Affairs training fee, refundable through the State of New Jersey and a 20% non-refundable plan review fee amounting to $41.00, the balance to be refunded is $32.00; and WHEREAS, the Township's Construction Code Official has recommended the refund; and WHEREAS, it is now the desire of this governing body to act upon said recommendation. NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Howell that a refund in the amount of $32.00 be authorized to be paid to Bay view Electric inc. BE IT FURTHER RESOLVED, that upon the adoption of this resolution, the Clerk is authorized and directed to forward a copy of same to the Township Chief Financial Officer and Bay View Electric inc. BE IF FURTHER RESOLVED, that the refund is to be charged to #01-9999-0-402101-0-0. VOTE ABSENT Mayor Walsh Mr. Gotto Mr. Nicastro Mrs. Smith Mr. Clark AYES NAYS ABSTAIN This is to certify that the Township Council of the Township of Howell adopted the foregoing Resolution during a regular meeting held by that body on October 18,201 1. Bruce Davis, Township Clerk