Upper Freehold Township Committee Regular Meeting August 4, 2016

Upper Freehold Township Committee Regular Meeting August 4, 2016

1"The Heartland of New Jersey"

TOWNSHIP OF UPPER FREEHOLD

TOWNSHIP COMMITTEE

REGULAR MEETING

AUGUST 4, 2016

Mayor Moslowski called the meeting to order at 7:04 p.m. and requested the Clerk to call the roll. The following Committee Members were present: Mr. Alexander, Mr. Robert Faber, Dr. Robert A. Frascella, Ms. LoriSue H. Mount and Mayor Stanley Moslowski Jr. Also present at the dais: Dana L. Tyler, Municipal Clerk, Dianne Kelly, CFO/Administrator, Dennis A. Collins, Esq., Township Attorney.

Following the Flag Salute, the Clerk announced that the Notice requirements of R.S. 10:4-18 for an "Annual Notice" had been satisfied by the publication of the required advertisement in the Asbury Park Press and the Messenger Press January 14, 2016, posting the notice on the Board in the Upper Freehold Township Municipal Building and filing a copy of said notice with the Municipal Clerk.

REPORTS: Committee Liaisons will each provide reports on their respective departments, monthly reports prepared by Department Heads, listed herein, are on file in the office of the Municipal Clerk.

• Municipal Court Report – June 2016
• Tax Collector’s Report – June 2016
• Construction Report – June & July 2016
• Treasurer Report – June 2016
  

CORRESPONDENCE: The following correspondence has been received and is on file in the office of the Municipal Clerk. These items will be kept at the counter for review for the next week.

• Township of Woodbridge – 2016 Senior Olympics will be September 9, 10, 11, 2016
• 2016 Hope Fire Company No.1 Fire Protection Budget
• Monmouth County Library – Annual Report 2014-2015
• State of NJ, Department of Transportation – Replenishment of the Transportation Trust Fund Account has been delayed. There is an immediate and orderly shutdown of all ongoing work that is funded by the Transportation Trust Fund Authority effective July 8, 2016.
• State of NJ, Division of Rate Counsel – Petition of New Jersey Natural Gas Company for Approval and Authorization to Construct and Operate the Southern Reliability Link Pursuant to N.J.S.A. 40:55D-19 and N.J.S.A. 48:9-25.4
• Monmouth County Board of Chosen Freeholders-Resolution opposing the Jersey Central Power & Light Company reliability project
• PSE&G – Notice to Public Service Electric and Gas Company Electric Customers – In the matter of the petition of Public Service Electric and Gas Company for Approval of a Second Extension of a Solar Generation Investment Program and Associated Cost Recovery Mechanism and for Changes in the Tariff for Electric Service – Public Hearing August 2, 2016 Middlesex County, August 4, 2016 Bergen County, August 9, 2016 - posted
• PSE&G – Public Notice for annual compliance filings for a change in the Statewide Electronic and Gas permanent Universal Service Fund Program. August 22, 5:00 pm – 6:30 pm in Bergen County, August 23, 5:00 pm. – 6:30 pm. in Burlington County and August 24, 2016 5:00 pm – 6:30 pm. in Middlesex County - posted
• Monmouth County Planning Board – Public Notice – A Public Hearing will be held to consider adoption of the Monmouth County Master Plan on Monday September 19, 2016 at 2:00 pm. in the Monmouth County Planning Board Conference Room. You may submit written or electronic comments until September 16, 2016.
• Senior Citizens and Property Taxes in New Jersey (Four Seasons Upper Freehold) – copy attached
• Monmouth County Board of Chosen Freeholders – Public Hearing on August 15, 2016 at 2:00 pm- NJ Transit for the Senior Citizens and Disabled Residents Assistance Program for January 2017 – December 2017 along with Federal Funding 5311 – posted

Land Use:

• Hamilton Township – Public Hearing on August 16, 2016 amending the Land Development, Article V, Exceptions, Modifications and Developments Alternatives, Section 160-165, Affordable Housing; Municipal Housing Liaison

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 277-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Dr. Frascella to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

ORDINANCE 280-16 – PUBLIC HEARING

REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF

UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY, PROVIDING FOR THE ADVANCE REFUNDING OF ALL OR A PORTION OF CERTAIN GENERAL IMPROVEMENT BONDS OF THE TOWNSHIP, APPROPRIATING $5,700,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $5,700,000 GENERAL IMPROVEMENT REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 280-16. There being no comments from the Public a motion was offered by Mr. Alexander, moved and seconded by Ms. Mount to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

ORDINANCE 281-16 – PUBLIC HEARING

REFUNDING BOND ORDINANCE OF THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY, PROVIDING FOR THE ADVANCE REFUNDING OF ALL OR A PORTION OF CERTAIN OPEN SPACE BONDS OF THE TOWNSHIP, APPROPRIATING $3,300,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,300,000 OPEN SPACE REFUNDING BONDS OF THE TOWNSHIP FOR FINANCING THE COST THEREOF.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 281-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Mr. Alexander to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

ORDINANCE 282-16 – PUBLIC HEARING

BOND ORDINANCE PROVIDING FOR VARIOUS ROAD IMPROVEMENTS IN AND BY THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY, APPROPRIATING $2,310,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,194,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 282-16. There being no comments from the Public a motion was offered by Dr. Frascella, moved and seconded by Mr. Faber to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried

RESOLUTION 128-16 A RESOLUTION AUTHORIZING THE PAYMENT OF BILLS

The following Resolution was offered by Ms. Mount, moved and seconded by Dr. Frascella.

BE IT RESOLVED, that the following bills, properly certified be the Chief Financial
Officer, be paid:
Current Fund / $3,626,268.84
Capital General Fund / 0.00
Coah Trust Fund / 3,315.00
Developer Escrow Fund / 370.50
Dog Trust Fund / $864.30
Municipal Drug Alliance Trust Fund / $1,404.96
Open Space Trust Fund / $15,088.72
Public Defender Trust Fund / $225.00
Recreation Trust Fund / $25,237.30
Total / $3,672,774.62

Committeeman Faber questioned the current process of liens being placed on the properties where there is a contractor going out to cut grass on abandoned houses that are going in foreclosure. There are several checks that are in the bill pay and he doesn’t think the Township should be stuck for paying for the grass being cut.

This Resolution was approved by the following vote: Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

RESOLUTION 129-16 A RESOLUTION TO RE-CLASSIFY AN EMPLOYEE FROM

PROBATIONARY TO PERMANENT – DENNIS SYMONS

The following Resolution was offered by Ms. Mount, moved and seconded by Mr. Faber.

WHEREAS, Dennis Symons was hired on a probationary basis effective March 23, 2016 by Resolution 81-16; and,

WHEREAS, Mr. Symons has performed his duties in a satisfactory manner and the Township Administrator/Chief Financial Officer, Dianne Kelly, recommends that he be re-classified as a permanent employee effective August 4, 2016.

NOW THEREFORE BE IT RESOLVED, that the Township Committee of Upper Freehold Township does hereby re-classify Dennis Symons from a probationary basis to a permanent employee basis effective July 23, 2016.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Township Administrator/Chief Financial Officer; Mr. Dennis Symons, Hope Fire Company 1 Fire Chief, Department of Community Affairs Division of Fire Safety, and the Borough of Allentown.

Committeewoman Mount asked if Mr. Symons was part of the collective bargaining group. Dianne Kelly, CFO/Administrator advised that he is not part of the collective bargaining group and an at will employee, and this is a 2 year appointment.

This Resolution was approved by the following vote: Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

RESOLUTION 130-16 A RESOLUTION TO HIRE A FIRE FIGHTER/DRIVER TO BE ASSIGNED TO HOPE FIRE COMPANY #1 – WILLIAM KAYSER

The following Resolution was offered by Dr. Frascella, moved and seconded by Mr. Alexander.

WHEREAS, it has been determined that hiring additional Firefighter/Drivers to be assigned to Hope Fire Company #1 would be in the best interest of the health, safety and welfare of the citizens of Upper Freehold Township and the Borough of Allentown; and,

WHEREAS, Mr. Kayser was hired as a per diem firefighter on October 2, 2014 per Resolution 160-14 and the Acting Supervisor of the Fire Department has recommended Mr. Kayser as a full time Firefighter/Driver, and,

WHEREAS, funds for this purpose are available in the 2016 Budget in the appropriation known as Fire: Salary & Wages, Account Number 6-01-25-265-013 and the Chief Financial Officer/Treasurer has so certified in writing.

NOW, THEREFORE, BE IT RESOLVED that William Kayser be and is hereby appointed to the position of Fire fighter/driver on a probationary basis for a minimum three (3) months, effective August 1, 2016 at an annual salary of $34,918 provided that a favorable report of the required physical and compliance with the Police and Fireman’s Retirement System is met.

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Township Administrator/Chief Financial Officer, Chief and President of Hope Fire Company #1 and the Borough of Allentown.

This Resolution was approved by the following vote: Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

Mr. Alexander stepped down from the Dias.

RESOLUTION 131-16 A RESOLUTION GRANTING A RAFFLE LICENSE TO THE KNIGHTS OF COLUMBUS COUNCIL #7333

The following Resolution was offered by Ms. Mount, moved and seconded by Dr. Frascella.

BE IT RESOLVED, that Raffle License #RL 333-16 be granted to the Knights of Columbus Council#7333 for an On-Premises Raffle, to be held at the St. John’s Catholic Church, 1282 Yardville-Allentown Road, Upper Freehold Township on September 16 & 17, 2016.

This Resolution was approved by the following vote: Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

Mr. Alexander returned to the Dias.

CONSENT AGENDA

WHEREAS, the following resolutions having heretofore been placed on this agenda require no discussion and same having been previously reviewed by the members of the Township Committee be and are hereby adopted. The following Consent Agenda was offered by Dr. Frascella moved and seconded by Ms. Mount.

RESOLUTION 132-16 A RESOLUTION AUTHORIZING THE REFUND OF REVIEW FEES – JRS ARCHITECT, PC

WHEREAS, a check was issued by JRS Architect, P.C. for a plan review fee of $400.00 for

18 East Branch Road, Block 7, Lot 1; and,

WHEREAS, the Freehold Area Health Department is not able to review the application being that this property is in the jurisdiction of the New Jersey Department of Environmental Protection; and,

NOW THEREFORE, BE IT RESOLVED, that the Township Committee of Upper Freehold Township does hereby authorize the Chief Financial Officer to refund $400.00 to JRS Architect, P.C. 16 Village Road, Princeton, NJ 08540 to refund the money for 18 East Branch Road, Block 7, Lot 1 refunding the plan review fee being the property location is out of the jurisdiction of the Freehold Area Health Department.

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be forwarded to the Upper Freehold Township Chief Financial Officer and Freehold Area Health Department.

RESOLUTION 133– 16 A RESOLUTION authorizing the mayor and clerk to sign an agreement with the international association of fire fighters local 4306 afl-cio-cld

BE IT RESOLVED that the Mayor and Clerk be and are hereby authorized to execute the negotiated agreement between Upper Freehold Township, Monmouth County and Upper Freehold Township and Upper Freehold Township Uniformed Fire Fighters Association International Association of Fire Fighters Local 4306 A.F.L. — C.I.O.- C.L.C. for the period January 1, 2012 through December 31, 2018.

RESOLUTION 134-16 A RESOLUTION AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE FILED BY JERSEY LONGHORN GUARANTEEING THE SITE IMPROVEMENTS AND ACCEPTANCE OF A LETTER OF CREDIT AS THE MAINTENANCE BOND – BLOCK 23, LOT 8.03/ZB13-2

WHEREAS, Jersey Longhorn, filed Irrevocable Standby Letter of Credit No.: 3130897 written by Bank of America in the amount of $245,465.00 guaranteeing the site improvements on Block 23, Lot 8.03, ZB 13-2; and,

WHEREAS, Jersey Longhorn, LLC has requested the release of the performance guarantee and the cash guarantee; and,

WHEREAS, The Township Attorney has reviewed the letter of credit and found it to be acceptable in content and form.

NOW THEREFORE BE IT RESOLVED that the Township Committee of Upper Freehold Township does hereby authorize the cash guarantee in the amount of $29,385.00 plus interest be released and the performance guarantee in the form of a Letter of Credit be reduced to $145,500.00.

NOW THEREFORE BE IT RESOLVED that the Township Committee of Upper Freehold Township does hereby authorize the acceptance of a Letter of Credit written by UBS Financial Services, Inc. in the amount of 145,500.00 as the Maintenance Guarantee to be held for two (2) years from the date or until September 30, 2017 and to be released only by formal action in the form of a resolution adopted by the Township Committee of Upper Freehold.

This Consent Agenda was approved by the following vote: Mr. Alexander, aye; Mr. Faber, abtain; Dr. Frascella, aye; Ms. Mount, aye and Mayor Moslowski Jr. aye.

Discussion:

Capital Work – Patrick Jeffery, Township Engineer was present to discuss the options associated with the State order to stop Transportation Trust Fund (TTF) funded projects which includes the NJDOT Municipal Aid projects. It was discussed to use the new roadway inventory and included various roads as alternates.

A motion was offered by Mrs. Mount moved and seconded by Dr. Frascella to proceed with the design work of all projects and hold off on construction until the TTF is funded and included other roads in the town as Alternates.

This motion was approved by the following vote: Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

PRIVILEGE OF PUBLIC:

Being no comment from the public, the mayor closed this portion of the meeting.

PRIVILEGE OF COMMITTEE:

Committeeman Faber – Mr. Faber stated that a resident contacted him regarding an issue with their driveway and Public Works Manager took care of the problem right away. There was also an issue on Emley’s Hill Road and it was taken care of promptly. Public Works manager has been stepping up.

Committeeman Frascella – No Comment

Committeewoman Mount – Is requesting that a letter be sent to Monmouth County regarding the opening of the Union Transportation Trail over by Clayton Park. Mrs. Mount would like to request installation of lights similar to the location on Route 539 for safety.

Committeeman Alexander – No Comment

Mayor Moslowski Jr. – No Comment

TOWNSHIP ATTORNEY READS RESOLUTION FOR TOWNSHIP COMMITTEE TO ADJOURN TO EXECUTIVE SESSION:

The following Resolution was offered by Mr. Alexander, moved and seconded by Dr. Frascella.

BE IT RESOLVED that the following portion of this meeting dealing with the following generally described matters shall not be open to the public:

BE IT FURTHER RESOLVED that it is anticipated that the matters to be considered in private may be disclosed to the Public at a later date under the following circumstance.

BE IT FURTHER RESOLVED that private consideration is deemed required and is permitted because of the following noted exceptions set forth in the Act:

______1. Rendered confidential by Federal law or that if disclosed would impair receipt of Federal funds.

______2. Rendered confidential by State Statute or Court Rule.

______3. Would constitute an unwarranted invasion of individual privacy.

______4. Deals with collective bargaining, including negotiation positions.

______5. Deals with purchase, lease or acquisition of real property with public funds.

______6. Related to setting of bank rates or the investment of public funds and disclosure could adversely affect the public interest.

______7. Related to tactics and techniques utilized in protecting the safety and property of the public and disclosure may adversely affect the public.

______8. Related to investigation of violations or possible violations of the law.

______9. Related to pending/anticipated litigation or contract negotiations in which the public body is or may be a party.

______10. Falls within the attorney-client privilege and confidentiality is required.

______11. Deals with personnel matters of public employees and employee has not requested that the matter be made public.

______12. Quasi-judicial deliberations after public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit.

This Resolution was approved by the following vote: Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

RETURN TO OPEN SESSION:

Upon returning to Open Session, the Mayor directed the Clerk to call the roll. All were present as previously called.

RESOLUTION 135-16 A RESOLUTION ACCEPTING A PERFORMANCE BOND FILED BY HOLLAND GREEN FARMS, LLC. AS A GUARANTEE OF SITE IMPROVEMENTS, BLOCK 15, LOT 17.02 & 41.04, ZONING BOARD APPLICATION 15-8.

The following Resolution was offered by Ms. Mount, moved and seconded by Dr. Frascella.

WHEREAS, Holland Green Farms, LLC, PO Box 7556, Monroe Twp., NJ 08514 has filed a Performance Bond #RU100475 written by First Indemnity of America Insurance Company in the amount of $296,282.88 guaranteeing the site improvements on Block 15, Lot 17.02 & 41.04 in connection with, Zoning Board Application #15-8 in Upper Freehold Township as detailed in the letter from Planning Board Engineer, Glenn R. Gerken of T&M Associates dated May 9, 2016 and attached as part of said guarantee; and,

WHEREAS, Holland Green Farms, LLC has posted required inspection fees and cash portion of this guarantee; and,

WHEREAS, The Township Attorney and Township Engineer have reviewed and approved this performance bond as to form; and,

WHEREAS, The acceptance of this Performance Guarantee does not authorize the issuance of any licenses or permits by the Construction Department but serves as certification to the Planning Board that compliance with the certain portions of the Code of Upper Freehold Township and State Statue regarding Land Use have been met;

THEREFORE, BE IT RESOLVED, That the Township Committee of Upper Freehold Township does hereby accept Performance Bond # RU100475 filed by Holland Green Farms, LLC as written by First Indemnity of America Insurance Company in the amount of $296,282.88 guaranteeing the site improvements on Block 15, Lot 17.02 & 41.04 in connection with, Zoning Board Application #15-8 in Upper Freehold Township as detailed in the letter from Township Engineer, Glenn R. Gerken of T&M Associates dated May 9, 2016 and attached as part of said guarantee