Township of Colts Neck

TOWNSHIP OF COLTS NECK

TOWNSHIP COMMITTEE MEETING

AUGUST 11, 2010

7:30 P.M. AT TOWN HALL

The meeting of the Colts Neck Township Committee was called to order at 7:30 p.m. by Mayor Florek followed by a salute to the flag. The following statement was read by Township Clerk Bowden: “The notice requirements of the New Jersey Public Meetings Law have been satisfied by forwarding a “News Release” to the Asbury Park Press on December 10, 2009 stating that the meeting of the Colts Neck Township Committee would be held on August 11, 2010 at 7:30 p.m., Town Hall, 124 Cedar Drive, Colts Neck. The notice requirements have been posted on the Township Bulletin Board and a copy is on file in the office of the Township Clerk.”

Roll call by Mr. Bowden indicated the following:

Present: MayorKenneth Florek, Deputy MayorJames Schatzle,Committeemen JarrettEngel and Edward Eastman

Also Present:Administrator/Municipal Clerk,Robert Bowden; Deputy Municipal Clerk, Beth Kara; Township Counsel,John O. Bennett, III, Esq.

Absent:Committeeman Michael Fitzgerald

Mr. Bowden stated Mr. Fitzgerald was out of town this evening.

ANNOUNCEMENT: Mayor Florek announced the next Township Committee meeting would be held on Thursday, September 9, 7:30 p.m. due to Rosh Hashanah.

APPROVAL OF MINUTES OF JULY 14, 2010: Mr. Schatzlemade a motion to approve, seconded by Mr. Engel and unanimously carried.

RECORD OF VOTE
Committeeman / M S / Yes / No / NV / Ab
Mayor Florek / X
Deputy Mayor Schatzle / M / X
Engel / S / X
Eastman / X
Fitzgerald / X
X - indicates vote NV - Not Voting Ab - Absent M - Moved S - Seconded

3.PUBLIC HEARING: GREEN ACRES PROPERTY DIVERSION, BLOCK 16, LOT 11. Mayor Florek stated tonight’s public hearing pertains to an application to the New Jersey Green Acres Program seeking approval to divert a .95 acre parcel of property where the Colts Neck Library is located, and replacing this property with a 4.75 acre parcel of property to become dedicated Green Acres open space. Mr. Bowden noted all property owners were notified by mail of the public hearing this evening and the required two notices were placed in the Asbury Park Press. Mayor Florek opened the meeting to public comment.

Ms. Elaine Mann, a resident, questioned if the snack shed planned for the Laird Road ball field will need to follow this process. Mayor Florek responded advised this process will not be necessary at the Laird Road field.

Hearing no further comments, Mayor Florek closed the public portion of the meeting. Mr. Bowden stated he will notify the State Green Acres the public hearing was held and provide them with the required documentation pertaining to this issue.

ORDINANCE 2010-7: AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF AN ACCESS EASEMENT WITHIN BLOCK 44.01, LOT 9.13 (STONE HILL ROAD) was read by title at second reading by Mayor Florek. This ordinance vacates a 10’ wide portion of an existing 25’ wide easement, which is not needed to maintain the easement’s purpose. Mayor Florek opened the meeting to public comment.

Ms. Virginia Amend, a resident and editor of the Colts Neck Calendar, questioned the easement, to which Mayor Florek responded the current Township easement is 25 feet across, and a reduction of 10 feet across will leave a 15 foot easement, which is sufficient for its intended purpose. Ms. Amend questioned if vacating the easement was a detriment to the Township, to which Mayor Florek responded it was neither a detriment nor a benefit. Hearing no further comments, Mayor Florek closed the meeting. Mr. Engel made a motion to approve, seconded by Mr. Schatzle and unanimously carried.

ORDINANCE 2010-8: BOND ORDINANCE REAPPROPRIATING $73,339 IN EXCESS BOND PROCEEDS NOT NEEDED FOR THEIR ORIGINAL PURPOSES IN ORDER TO FINANCE THE ACQUISITION OF A VEHICLE AND TO REFURBISH/REPLACE A FIRE TRUCK, AUTHORIZED IN AND BY THE TOWNSHIP OF COLTS NECK IN THE COUNTY OF MONMOUTH, NEW JERSEY was read by title at firstreading by Mayor Florek. Mayor Florek advised the Township Committee is seeking to re-appropriate the excess proceeds from various prior bond ordinances ($73,339) to purchase a four wheel drive pickup truck ($30,339) and refurbish/replace a fire truck ($43,000). Mr. Schatzle made a motion to approve, seconded by Mr. Eastman and unanimously carried. Mayor Florek set the public hearing for September 9, 2010.

RECORD OF VOTE
Committeeman / M S / Yes / No / NV / Ab
Mayor Florek / X
Deputy Mayor Schatzle / M / X
Engel / X
Eastman / S / X
Fitzgerald / X
X - indicates vote NV - Not Voting Ab - Absent M - Moved S - Seconded

ORDINANCE 2010-9: AN ORDINANCE PROVIDING FOR THE PREPARATION AND EXECUTION OF A COMPLETE PROGRAM OF REVALUATION OF REAL PROPERTY AND AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION IN THE AMOUNT OF $20,000 THEREFORE, AUTHORIZED IN AND BY THE TOWNSHIP OF COLTS NECK, IN THE COUNTY OF MONMOUTH, NEW JERSEY was read by title at first reading by Mayor Florek. Mayor Florek stated the revaluation took one year longer than anticipated and as a result, costs rose five percent beyond the $405,000 originally allocated. The special emergency appropriation will be provided for in succeeding annual budgets by including at least one-fifth of the amount in each year, commencing 2011, and shall be financed from surplus funds available or from the issuance of special emergency notes, as authorized by separate resolution adopted. Mr. Schatzle made a motion to approve, seconded by Mr. Eastman and unanimously carried. Mayor Florek set the public hearing for September 9, 2010.

ORDINANCE 2010-10: AN ORDINANCE OF THE TOWNSHIP OF COLTS NECK IN THE COUNTY OF MONMOUTH AND THE STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 102-93 OF THE CODE OF THE TOWNSHIP OF COLTS NECK ENTITLED “GOLF COURSES” was read by title at first reading by Mayor Florek. Mayor Florek stated the change in ordinance would increase the number of non-golf related special events or private parties where alcohol is sold to 25 times per year, which is consistent with the State ABC ruling. This increase would permit the facility to host charity fund raising events, banquet/lunches, business meetings or member-sponsored events not meeting the immediate family requirement. Mr. Engel stated all parties involved prior to the adoption of the original ordinance were contacted and are in agreement with the revisions. Mr. Eastman made a motion to approve, seconded by Mr. Engel, and carried by Messrs. Florek, Engel and Eastman; Mr. Schatzle recused himself. Mayor Florek set the public hearing September 29, 2010.

RECORD OF VOTE
Committeeman / M S / Yes / No / NV / Ab
Mayor Florek / X
Deputy Mayor Schatzle / X
Engel / S / X
Eastman / M / X
Fitzgerald / X
X - indicates vote NV - Not Voting Ab - Absent M - Moved S - Seconded

RESOLUTION 2010-101: RESOLUTIONCONFIRMING APPOINTMENT TO COLTS NECK BOARD OF HEALTH, MS. CYNDY FLOOD (ALTERNATE NO. 1) was read by title by Mayor Florek. Mr. Schatzle stated he is pleased Ms. Flood showed an interest in the Board of Health, and noted she has attended its meetings as an observer. Ms. Flood is a ten-year resident and is a wonderful example of volunteerism in the community. Mr. Schatzle made a motion to approve, seconded by Mr. Engel and unanimously carried. Mr. Bowden administered the Oath of Office, while Ms. Flood’s son and daughter observed. Ms. Flood received a round of applause.

RESOLUTION 2010-99A: RESOLUTION REQUESTING THE PLACEMENT OF A REFERENDUM ON THE OFFICIAL BALLOT FOR THE NEXT GENERAL ELECTION OF NOVEMBER 2, 2010 AUTHORIZING THE REDUCTION OF THE ANNUAL LEVY FOR OPEN SPACE, FARMLAND AND HISTORIC PRESERVATION WITHIN THE TOWNSHIP OF COLTS NECKwas read by title by Mayor Florek. Mayor Florek stated the Explanatory Statement was kept to a minimum and concisely explains the impact of the ballot question. Mr. Schatzle made a motion to approve, seconded by Mr. Eastman and unanimously carried.

RESOLUTION 2010-86: RESOLUTION AWARDING BID FOR THE LEASE OF SPACE FOR THE CO-LOCATION OF CELLULAR ANTENNAS ON AN EXISTING CELLULAR TOWERwas read by title by Mayor Florek. Mayor Florek stated the bid proposal received from New Cingular Wireless PCS, LLC by AT&T Mobility Corporation for the total lease amount of $32,000 per year would provide the Township with 75% of this annual rental revenue while the remaining 25% of rental revenue would be retained by Omnipoint, as lead carrier. Mr. Engel made a motion to approve, seconded by Mr. Schatzle and unanimously carried.

RECORD OF VOTE
Committeeman / M S / Yes / No / NV / Ab
Mayor Florek / X
Deputy Mayor Schatzle / S / X
Engel / M / X
Eastman / X
Fitzgerald / X
X - indicates vote NV - Not Voting Ab - Absent M - Moved S - Seconded

RESOLUTION 2010-102: RESOLUTION CALLING ON THE STATE LEGISLATURE AND THE GOVERNOR TO ENACT PROPERTY TAX REFORM WITH PASSAGE OF THE “MUNICIPAL TOOL KIT” AND OTHER MANDATES RELIEF was read by title by Mayor Florek. In addition to the various “Toolkit” reforms,this resolution resolves that statutory arbitration reforms must limit the full economic impact of awards to conform to the 2% cap, which would prohibit arbitrators and union contracts to exceed the 2% cap. Mr. Schatzle made a motion to approve, seconded by Mr. Eastman and unanimously carried.

RESOLUTION 2010-103: RESOLUTIONAUTHORIZING SUBMISSION OF GRANT APPLICATION AND EXECUTION OF GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO STONE HILL ROAD was read by title by Mayor Florek. Mayor Florek stated this is a matching grant application, for which the Township always applies. Mayor Florek stated the section of Stone Hill Road between Five Point Road to the Freehold Township boundary was deemed by the Township Engineer and DPW Director to be most in need of repair meeting the grant criteria. Mayor Florek stated the pending grant will commence construction next spring. Mr. Eastman made a motion to approve, seconded by Mr. Schatzle and unanimously carried.

RECORD OF VOTE
Committeeman / M S / Yes / No / NV / Ab
Mayor Florek / X
Deputy Mayor Schatzle / S / X
Engel / X
Eastman / M / X
Fitzgerald / X
X - indicates vote NV - Not Voting Ab - Absent M - Moved S - Seconded

RESOLUTION 2010-104: RESOLUTIONAUTHORIZING SALE OF MUNICIPAL PERSONAL PROPERTY THROUGH ON-LINE AUCTION was read by title by Mayor Florek. Mayor Florek stated the Police and DPW have vehicles in excess of 100,000 to 135,000 miles that have outlived their usefulness. In addition, miscellaneous office furniture and equipment, computers or computer parts and bicycles are scheduled for on-line auction at commencing September 11 at 9:00 a.m. and closing September 16 at 7:00 p.m. Mayor Florek stated the auction firm receives 5.5% of the proceeds, and this is a revenue generator for the Township. Mr. Engel made a motion to approve, seconded by Mr. Schatzle and unanimously carried.

RESOLUTION 2010-104A: RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION FOR COLTS NECK ALLIANCE FOR THE PREVENTION OF DRUG AND ALCOHOL ABUSE was read by title by Mayor Florek. Mayor Florek stated the application is seeking $10,633.00 in matching grant fundsforthe 2011 Alliance Programs projected within Colts Neck Township. Mr. Schatzle made a motion to approve, seconded by Mr. Eastman and unanimously carried.

RESOLUTION 2010-105: RESOLUTION AUTHORIZING INSERTION OF SPECIAL ITEM OF REVENUE INTO 2010 MUNICIPAL BUDGET, CLEAN COMMUNITIES GRANT, ($6,989.68) was read by title by Mayor Florek. This resolution recognizes the receipt of a State grant of $6,989.68 and seeks to amend the Township budget to include this amount as revenue. Mr. Eastman made a motion to approve, seconded by Mr. Engel and unanimously carried.

RESOLUTION 2010-106: RESOLUTION URGING PASSAGE OF SENATE BILL NO 228 AND ASSEMBLY BILL NO. 2079 PROVIDING FOR A SPECIALIZED LICENSE PLATE FOR NEW JERSEY’S GOLD STAR FAMILIES was read by title by Mayor Florek. This resolution urges the passage of legislation to recognize and honor the service and sacrifice of those New Jersey families who have been awarded the Gold Star pin by the U.S. Department of Defense. Mr. Schatzle made a motion to approve, seconded by Mr. Engel and unanimously carried.

RESOLUTION 20010-107: RESOLUTION SUPPORTING SENATE BILL NO. 2072/ASSEMBLY BILL NO. 2082 PERMITTING LEGAL ADVERTISING ON WEBSITE INSTEAD OF NEWSPAPERS was read by title by Mayor Florek. Mayor Florek stated the passage of this legislation would be a great savings since this Township alone spent approximately $11,000 for legal advertisements last year. In addition, website posting would made legal notices easier for readership to track. Mr. Engel made a motion to approve, seconded by Mr. Schatzle and unanimously carried.

MOTION TO ADOPT A CONSENT AGENDA:

RESOLUTION 2010-108: RESOLUTIONAUTHORIZING RECREATION PROGRAM REFUNDS.

RESOLUTION 2010-109: RESOLUTION AUTHORIZING RETURN OF APPLICATION/ESCROW FEES, ZONING BOARD APPLICATION NO. 813 (CANTALUPO).

RESOLUTION 2010-110: RESOLUTION AUTHORIZING RELEASE AND RETURN OF CASH MAINTENANCE BOND, P.B. APPLICATION NO. 322 (HOVNANIAN/PALERMO).

Mr. Eastman recused himself from Resolution 2010-110, noting his firm represents this firm. Mr. Schatzle made a motion to approve, seconded by Mr. Engel and unanimously carried.

RECORD OF VOTE
Committeeman / M S / Yes / No / NV / Ab
Mayor Florek / X
Schatzle / M / X
Engel / S / X
Eastman / X* / X*
Fitzgerald / X
X - indicates vote NV - Not Voting Ab - Absent M - Moved S - Seconded

22.DISCUSSION: AN ORDINANCE AMENDING SECTION 51-9, SETTING FORTH AND ADOPTING NEW REQUIREMENTS CONCERNING POLICE OUTSIDE EMPLOYMENT AND SPECIAL ASSIGNMENTS IN THE TOWNSHIP OF COLTS NECK. Counsel Bennett stated revisions were recommended by the former County Prosecutor, and the Police Chiefis in favor of the changes proposed. The proposed changes would eliminate the need to revise the ordinance when fees change. Counsel Bennett stated when the ordinance is scheduled for second reading, an accompanying resolution will include a fee schedule. Mayor Florek is in favor of the ordinance. Mr. Schatzle questioned if the fee revisions are in line with the surrounding municipalities fees. Currently the officer receives $42 and the Township $8. Counsel Bennett suggested inclusion of a car fee, and stated a range may be useful. Mr. Schatzle requested clarification of long-term special assignments, and he prefers an actual fee, not a range. Mayor Florek read the ordinance by title at first reading. Mr. Eastman made a motion to approve, seconded by Mr. Engel and unanimously carried. Mayor Florek set public hearing September 9, 2010.

DISCUSSION: OPEN PUBLIC RECORDS – RECORDS INFORMATION SHARED SERVICES AGREEMENT WITH THE COUNTY OF MONMOUTH. Discussion ensued regarding the benefits of continuing the shared services agreement with the County as a sub-licensee to access and use the Open Public Records Search System-Records Information Management (OPRS-RIM). Formerly funded through PARIS Grants monies, the Township would need to pay $3,000 annually tocontinue with the system, which provides web-based inventory management, retention management and disposition management of official records and an imaging module permitting the scanning of paper records into images for long-term electronic access. Ms. Kara provided an outline of system benefits and an update of those municipalities continuing with shared services agreements. Mr. Eastman expressed concern about future price increases to which Counsel Bennett responded with the agreement’s option to terminate within 90 days. Mr. Eastman expressed his trust in DARM’s approval of this system; Messrs. Florek and Engel concurred.

Mayor Florek read RESOLUTION NO. 2010-51A, RESOLUTION AUTHORIZING AN OPEN PUBLIC RECORDS-RECORDS INFORMATION MANAGEMENT SHARED SERVICES AGREEMENT WITH THE COUNTY OF MONMOUTH by title. Mr. Engel made a motion to approve, seconded by Mr. Schatzle and unanimously carried.

DISCUSSION: UNENCUMBERED LOT AREA REQUIREMENT (AMENDING AND SUPPLEMENTING CHAPTER 201-87 OF THE CODE OF THE TOWNSHIP OF COLTS NECK).

Mr. Eastman recused himself and left the meeting.

Mayor Florek stated Long Range Planning has worked several months to prepare the ordinance before the Committee this evening. The Master Plan Re-examination Report of February 9, 2010 recommended the Township review the 75,000 s.f. requirement of unencumbered land as it relates to the A-5 and AG zones to ensure that farms created by subdivision approval have sufficient unencumbered land to construct support buildings that are necessary to perform agricultural activities and to keep agriculture a viable industry. The schedule of limitations in Section 201-87.c., has been amended to include “In the A-5 and AG Districts, a contiguous area equal to 75,000 s.f. per five acres of total lot area or a minimum contiguous area of 217,800 sq.ft., whichever is less, must be free of wetlands and associated buffer areas, floodplains, conservation, open space, drainage and right-of-way easements, landscape easements, drainage easements, special water resource protection areas, scenic viewshed boundaries, NJDEP Flood Hazard riparian areas and similar environmental features or encumbrances which restrict development of the property. Within Section 102-87, the following was added, “In the A-1, A-5 and AG Districts, the contiguous uencumbered area requirement in Note c above, we shall be shaped to permit the inscription of either a circle with a diameter of at least200’ within its bounds or alternatively with a rectangle of at least 150’ in width and length and with an area of at lease 32,000 s.f. . . .” Mr. Schatzle questioned if any major projects would be immediately impacted, to which Mayor Florek responded the proposed subdivision on Hockhockson Road with wetlands. Mayor Florek stated the concept is if the land is farmland designated, it should be viable farms. At the conclusion of the discussion, Mayor Florek read the following: