Upper Freehold Township Committee Regular Meeting April 21, 2016

1"The Heartland of New Jersey"

TOWNSHIP OF UPPER FREEHOLD

TOWNSHIP COMMITTEE

REGULAR MEETING

APRIL 21, 2016

Mayor Moslowski called the meeting to order at 6:12 p.m. and requested the Clerk to call the roll. The following Committee Members were present: Stephen J. Alexander, Robert Faber, Robert A. Frascella, Ms. LoriSue H. Mount and Mayor 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 Asbury Park Press on 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, monthlyreports prepared by Department Heads, listed herein, are on file in the office of the Municipal Clerk.

Tax Collector’s – March 2016
Municipal Court Report – March 2016
Treasurer Report – March 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.

State of NJ, Department of Transportation – Safe Routes to School Request for Applications
Board of Chosen Freeholders – Adopted Resolution supporting the sitting of the new KC-46A Tanker Aircraft at the Joint Base McGuire-Dix-Lakehurst
NJ Reentry Corporation - 2015 Annual Report
Aqua – Petition for Approval of an Increase in Rates for Water Service and Other Tariff Charges – Public Hearing will be held on April 26, 2016 at 6:00 pm. at the Hamilton Township Free Public Library
Cream Ridge Winery Letter– copy attached
American Diabetes Association – Tour de Cure and Step Out Walk –copy attached ****
Township of Plumsted – Adoption of an ordinance endorsing Assembly Bills regarding certain utility company rights of way, intrastate natural gas pipeline placement and BPU procedures.

Land Use Notices:

Cherry, Weber & Associates, PC – Flood Hazard Area Permit Application submitted to NJ Department of Environmental Protection for Improvements to Sharon Station Road
State of NJ, Department of Environmental Protection – Notice of Agricultural Water Use Application – To divert water from 2 existing wells and 2 proposed wells in Upper Freehold Township
State of NJ, Department of Environmental Protection – Intent to Terminate General Permit/Salter’s Mill, NHR, LLC – Blk 27, Lots 14 & 15, replace an existing malfunctioning septic system to service two buildings. The State Department intends to terminate the authorization of Statewide General Permit No. 25

RESOLUTION 89-16 A RESOLUTION AUTHORIZING THE 2016 BUDGET TO BE READ BY TITLE ONLY

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

WHEREAS, N.J.S. 40A:4-8, as amended by L.2016, c. 95, 14, 2015, provides that the budge may be read by title only at the time of the public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing, a complete copy of the budget has been made available for public inspection, and has been made available to each person upon request.; and

WHEREAS, these two conditions have been met;

NOW, THEREFORE BE IT RESOLVED that the budget shall be read by title only.

ROLL CALL:Recorded Vote:

Aye:Alexander

Faber

Frascella

Mount

Moslowski Jr.

Nay:None

Abstained: None

Absent: None

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 90-16 A RESOLUTION CERTIFYING LOCAL EXAMINATION OF THE2016 UPPER FREEHOLD TOWNSHIP MUNICIPAL BUDGET

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

WHEREAS, NJSA 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and

WHEREAS, NJAC 5:30-7 was adopted by the Local Finance Board on February 11, 1997 and

WHEREAS, pursuant to NJAC 5:30-7.2 thru 7.5 the Township of Upper Freehold has been declared eligible to participate in the program by the division of Local Government Services, and the Chief Financial Officer has determined that the Township of Upper Freehold meets the necessary conditions to participate in the program for the 2016 budget year, so now, therefore

BE IT RESOLVED, by the Township Committee of the Township of Upper Freehold that in accordance with NJAC 5:30-7.6a & b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:

1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

a. Payment of interest and debt redemption charges

b. Deferred charges and statutory expenditures

c. Cash deficit of preceding year

d. Reserve for uncollected taxes

e. Other reserves and non-disbursement items

f. Any inclusions of amounts required for school purposes

2. That the provisions relating to limitation on increases of appropriations pursuant to NJSA 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met. (Complies with the “CAP” law.)

3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and NJAC 5:30-4 and 5:30-5.

4. That pursuant to the Local Budget Law:

a.All estimates of revenue are reasonable, accurate, and correctly stated;

b.Items of appropriation are properly set forth

c.In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality.

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of NJSA 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

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.

Presentation by Auditor Evan Palmer:

Mr. Palmer provided the Township Committee with a presentation regarding the 2016 Municipal Budget. He provided a breakdown of the 2016 Tax Rate for Upper Freehold stating that the Regional School is 74.5% of the budget, Open Space Municipal 2.5%, Municipal 9.4%, and Monmouth County 13.6%. Evan discussed the Summary of the Levy Cap Calculation.

There were no questions.

PUBLIC HEARING OF THE 2016 MUNICIPAL BUDGET

Being no comments from the public this portion of the meeting was closed.

Committeeman Faber: The Township Committee works very hard and puts in a lot of time cutting costs and doing their best not to raise taxes. Mr. Faber congratulated Mr. Palmer on a job well done for putting together the presentation.

Committeeman Alexander: The School is a big impact on the budget that people don’t realize. Mr. Alexander stated that the Township Committee doesn’t accept the Township health insurance, no Township cell phones and they don’t put in for mileage. There is no reimbursement to the Township Committee. The Committee does what is needed to run a lean budget. The Township has decreased their borrowing capacity. With the road projects the Township has been very fortunate to get DOT grants, and this has been consistent over the past several years. Mr. Alexander thanked the employees for doing a great job. He commended the Auditor, Dianne and the Township Committee for a good job!

Mayor Moslowski Jr. – Stated that preparing the budget is not an easy job. It is difficult to keep cost down when things are going up. We provide a beautiful community!

RESOLUTION91-16A RESOLUTION TO ADOPT THE 2016 MUNICIPAL BUDGET

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

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.

ORDINANCE 277-16 –PUBLIC HEARING

AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 35-300 ENTITLED “ZONING DISTRICTS AND ZONING MAP”, SUBSECTION 35-303 ENTITLED “ ZONING MAP” OF CHAPTER 35 ENTITLED “LAND USE REGULATIONS” OF THE CODE OF THE TOWNSHIP OF UPPER FREEHOLD

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.

The Township Attorney, Dennis A. Collins, stated that this is only an update to the existing zoning map, making the map more legible. In 2009 the Township Committee didn’t adopt a new map. There seems to be some misconception. Zoning that is in place isn’t changing.

Mayor Westfall, Mayor of the Borough of Allentown – Mayor Westfall stated that the Commerce Park Planned Development Overlay Zone Option shown along the westerly boundary of Allentown Borough is no longer valid. This area was purchased for preservation by Upper Freehold, Allentown and the State of New Jersey and others during the past decade. The Stonebridge Middle School now occupies a portion of this area. The preserved area is now known as Breza Preserve which is a part of the Monmouth Battlefield Park system. A more appropriate designation for the preserved area might be similar to that used for the Crosswick Creek corridor, PEC (Parks, Education and Conservation).

The long-planned westerly bypass is shown as a “future road” on the southerly side of Byron Johnson Park, however, it is not shown along its entire pathway including along Ellisdale Road, New Road and through the Breza Road Preserve where, during the implementation of the Breza Road Preserve, Monmouth County obtained an easement for the future implantation of this roadway.

The HD or Highway Development zone located between the northeasterly boundary of Allentown Borough and the Interstate Route 195 corridor is an incompatible use for this are relative to the adjoining residential area in Allentown Borough and the need to preserve the historic district setting adjoining the National and State Historic District in Allentown Borough as well as the maintenance of this historic vista, which is environmentally sensitive due the fact that it was a Revolutionary War encampment site. This site is also on the Upper Freehold Scenic Byway which passes through its area.

Committeeman Alexander stated that social media has taken over, there are no changes, this is to provide a clear legible map.

BE IT ORDAINED by the Mayor and Committee of the Township of Upper Freehold, County of Monmouth, and State of New Jersey that Chapter 35 (Land Use regulations) of the General Ordinances of the Township of Upper Freehold is hereby amended or supplemented as follows:

PURPOSE

The purpose of this ordinance is to amend certain provisions to the Township’s Zoning Districts and adopt a new Zoning Map.

Chapter 35 (Land Use regulations)Subsection 35-303 of the General Ordinances of the Township of Upper Freehold is hereby amended or supplemented as follows (new text is double underlined, text to be deleted is struck through and notations to the reader and changes in subparagraph designations either with or without changes to content are italicized):

SECTION 1

Chapter 35 (Land Use Regulations) Subsection 35-303 shall be amended as follows:
35-303ZONING MAP

The boundaries of the zoning districts and the areas designated for the optional development alternatives are established on the "Zoning Map" of the Township of Upper Freehold, dated September, 2008, January 2016 prepared by T&M Associates which accompanies and is part of this chapter.

A.Amendments.

1.Section 35-303 Zoning Map of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to reflect including Block 38 Lot 1.17 along County Route 539 and Burlington Path Road to the CC District and a sub-area map is attached hereto and made part of this chapter.*

(Ord. No. 34-97 § 81-303; Ord. No. 38-1998; Ord. No. 117-03 § 1; Ord. No. 142-04 § 1; Ord. No. 208-08 § 2; Ord. No. 209-08 § 2; Ord. No. 217-08 § 1; Ord. No. 229-09 § 4)

*Editor's Note: The map referred to herein may be found on file in the office of the Township Clerk.

SECTION 2

All ordinances or parts thereof inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistency.

SECTION 3

If any section, paragraph, subdivision, clause or provision of this ordinance is adjudged to be invalid, such adjudication shall apply only to section paragraph, subdivision, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective.

SECTION 4

This ordinance shall take effect upon its passage and publication according to law.

SECTION 5

SECTION 6

The Township Clerk is hereby directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted with the Monmouth County Planning Board as required by N.J.S.40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Borough Tax Assessor if required by N.J.S. 40:49-2.1.

All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.

If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.

This Ordinance shall take effect immediately upon its passage and publication according to law.

Ordinance 277-16 was offered for adoption on second reading by Mr. Alexander, moved and seconded by Dr. Frascella. This Ordinance was adopted by the following vote Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye; Ms. Mount, ayeand Mayor Moslowski Jr., aye.

RESOLUTION 92-16 A RESOLUTION PURSUANT TO N.J.S.A. 40:55D-26 AND

N.J.S.A. 40:55D-32 REGARDING ORDINANCE # 277-16

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

WHEREAS, the Township of Upper Freehold, Monmouth County, has introduced Ordinance #277-16 entitled:

WHEREAS, the Township Committee has referred that matter to the Township of Upper Freehold Planning Board as require by law; and

WHEREAS. The Planning Board has issued a report determining that the Zoning Map is inconsistent with the Master Plan, if adopted by the Committee, requires the majority vote of the fully authorized membership as well as the reasons for adopting a map deemed inconsistent by the Planning Board; and

WHEREAS, the report of the Planning Board does not explain or designate which areas of the Zoning Map are inconsistent with the Master Plan; and

WHEREAS, proposed amended map does not change any existing zoning boundaries nor does it propose to modify zoning districts(except for one properly adopted in 2009) which would implicate the notice requirements of N.J.S.A. 40:55-62.1; and

WHEREAS, this proposed map is simply a clearer and colored version, more presentable for public viewing and is more legible as you focus on individual lots near zone boundaries. It provides more accurate information to the public because it is clearer and will be an overall benefit to the public.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Upper Freehold the above recitals shall be considered reasons supporting the adoption of Ordinance # 277-16 as required by N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-32

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.

RESOLUTION93-16A RESOLUTIONAPPOINTING A MEMBER TO THE

AD-HOC CITIZENS GROUP KNOWN AS THE OPEN SPACE AND FARMLAND PRESERVATION COMMITTEE

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

WHEREAS, the Township Committee of Upper Freehold Township established and appointed a certain number of interested residents to volunteer and serve on an Ad-Hoc Open Space and Farmland Preservation Committee to work with the Township Committee under the direction of the Business Administrator to assist in education, outreach, review, recommend and obtain public sentiment regarding properties to be considered for adding to the Township’s Open Space Inventory pursuant to resolutions 22-05 and 186-05; and,

NOW, THEREFORE, BE IT RESOLVED, that the following be and is hereby appointed by the Township Committee of Upper Freehold Township to serve on the Ad-Hoc Citizens Committee for Open Space and Farmland Preservation for the year 2016.

Resident Members:

Sharmyn “Kit” Calhoun-Alley

BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to and to each member of said Committee.

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.

RESOLUTION94-16 A RESOLUTION APPOINTING A MEMBER TO THE ZONING BOARD OF ADJUSTMENT

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

NOW THEREFORE BE IT RESOLVED the Township Committee of Upper Freehold Township does hereby make the following appointments;

Shane C. Alleybe appointed to Alternate II position for an unexpired two (2) year term expiring December 31, 2016.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Land Use Administrator.

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.