WORKSHOP MEETING MINUTES

TOWNSHIP COUNCIL – TOWNSHIP OF OCEAN

FEBRUARY 11, 2009OAKHURST, NEW JERSEY

The Workshop Meeting was held in the Council Conference Room, Town Hall, 399

Monmouth Road, Oakhurst, NJ07755 beginning at 5:30 p.m.

Present:Mayor Larkin

Deputy Mayor Hiers, Councilmember(s) Garofalo, Schepiga, Siciliano

Others:Martin Arbus, Esq., Township Attorney

Andrew Brannen, Township Manager

Vincent Buttiglieri, Township Clerk

Mayor Larkin announced that the notice requirements of the Open Public Meetings Act for this meeting have been satisfied; a copy of the Annual Notice was sent to the Asbury Park Press and The Coaster, posted in Town Hall and filed in the Office of the Township Clerk on December 16, 2008.

REVIEW OF ALL REGULAR MEETING MATERIAL:

The following items were reviewed by the Governing Body and held for the Regular Meeting of February 11, 2009, unless otherwise noted (*):

PROMOTIONS:Officer Timothy R. Torchia to Police Sergeant

Officer Todd A. Gregory to Police Sergeant

NEW HIRES:Police Officer Jessie A. Orbach

Police Officer Ryan M. Krug

PROCLAMATION:ARC Awareness Month

March 2009

CONSENT AGENDA:

MINUTES:

January 7, 2009 – Workshop, Closed and Regular Meetings

January 12, 2009 – Special Public Meeting

January 21, 2009 – Workshop Meeting

January 24, 2009 – Budget Workshop Meeting

RESOLUTIONS:

09-014 Authorize the release / reduction of Performance Guarantee for:

  1. Block 33.28, Lot 6 – 1801 Finderne Street – Samuel Fromkin Development Corp.
  2. Block 20, Lot 9 – 330 Park Avenue – David & Germaine Dweck
  3. Block 33.17, Lot 1 and Block 33.17, Lot 2 – 1903 Highway 35 – FPN Prime, LLC

At this point,Andrew Brannen, Township Manager, suggested that Item #09-015a be removed from the Agenda. All concurred.

FEBRUARY 11, 2009OAKHURST, NEW JERSEY

09-015 Authorize the release of Maintenance Guarantee for:

  1. Block 35, Lot 77 – 37 Northwoods Road – MGO Group, Inc.
  2. Block 35.04, Lot 5 – 20 Framingham Road – MRD Enterprises, Inc.

09-016 Authorize A Developers Agreement for:

  1. Block 182, Lots 9.01, 9.02 and 9.03 – Kneeley Boulevard – Ladacin Network

09-017 Authorize the Mayor and Municipal Clerk to execute the following Stormwater

Management Agreements:

a.Block 182, Lots 9.01, 9.02 and 9.03 – Ladacin Network

b.Block 38, Lot 92 – Eric and Barbara Boe

09-018 Designate March 2009 as “Women’s History Month”

09-019 Approve appointment to the Township of Ocean Sewerage Authority

09-020 FY2009 Community Development Block Grant

  1. Authorize the Mayor and Municipal Clerk to execute a Project Agreement with the County of Monmouth
  2. Authorize the Mayor to execute various certifications related to the FY2009 Community Development Block Grant

INDIVIDUAL ACTION:

VOUCHERS: $ 9,389,553.53

RESOLUTIONS:

09-021 Consideration of Bids:

a. Abandoned Vehicles to Central Towing Company, Red Bank, NJ

09-022 Authorize the refund of overpayment of taxes resulting from a favorable tax

appeal judgment

09-023 Approve the waiver of fees associated with the application to the Zoning Board

of Adjustment for the HillelSchool

09-024 Authorize a contract with Clarke Caton Hintz, Ewing Township, NJ

Andrew Brannen, Township Manager, explained that this item will not expend any Township funds unless, the firm is directed to do perform any work related to COAH rules and regulations.

09-025 Authorize a contract with Leon S. Avakian, Inc. to provide engineering services

associated with remedial work as required by NJDEP

09-026 – 2009 Emergency Temporary Appropriations

Andrew Brannen, Township Manager, explained that the drivers behind this amendment are really Group Health, Group Life and Wormers Compensation.

FEBRUARY 11, 2009OAKHURST, NEW JERSEY

ORDINANCES:

Adoption(s):

Ordinance #2123 – An Ordinance amending and supplementing Chapter 21 of the

(Coaster)ComprehensiveLand Development Ordinance of the Township of Ocean.

Andrew Brannen, Township Manager, explained that this ordinance creates a new conditional use for the property in question.

Introduction(s):

Ordinance #2111 – An Ordinance amending and supplementing Chapter 21 of the

(P/H 3/16 Coaster)ComprehensiveLand Development Ordinance of the Township of Ocean.

REPORTS:

Councilmember Siciliano inquired about the placement of trash receptacles at shopping

centers.

Councilmember Hiersinquired as to the status of the vacant motel on Route 35.Andrew Brannen, Township Manager, and Martin Arbus, Township Attorney, explained that the owner has submitted the required application to the Board of Adjustment in order to receive approvals to perform the necessary renovations, however, they have replaced their attorney which may cause the project to be delayed.

Councilmember Schepiga reported that the Township of Ocean will celebrate its 160th Anniversary. Councilmember Schepiga also reported that the Annual St. Patrick’s Day celebration will be on March 17, 2008 at the Renaissance.

ITEMS FOR DISCUSSION:

Subject:Temporary Sign Request

Action:The Council agreed to honor the dual signage requests for three (3) locations between March 12, 2009 – March 17, 2009.

Subject:Request for approval of Franchise for New Jersey Natural Gas

Action:The Governing Body agreed to enter into the Franchise Agreement with New Jersey Natural Gas, which will commence on June 10, 2009 and run for fifty (50) years.

Subject:2009 Municipal Budget

Action:Andrew Brannen, Township Manager, distributed the latest Tax Levy Analysis, which takes into account the full payment of the Township’s pension obligation, and the employee health benefit contribution. Mr. Brannen also reported that review of the implementation of an automated garbage collection system is ongoing, which could result in additional savings to the Township.

Subject:Fence at the Eden Woolley House

Action:The Governing Body has concurred with the Historical Society’s request to locate a fence along the eastern portion of the Woolley House property.

FEBRUARY 11, 2009OAKHURST, NEW JERSEY

RESOLUTION

DECLARING CLOSED SESSION

Councilmember Schepigaoffered the following Resolution and moved its adoption, seconded by Councilmember Siciliano

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, this public body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Ocean, County of Monmouth as follows:

  1. The Public shall be excluded from discussion of and action upon the hereinafter specified subject matters.
  1. The general nature of the subject matter to be discussed is as follows:
  1. Contract – Sale of Real Estate (3 items)
  2. Litigation – Grant Avenue Estates
  3. Personnel – Personnel Policies
  4. Contract – Janitorial Services
  5. Contract – PBA/SOA
  6. Contract – Local 701
  1. It is anticipated at this time that the Municipal Clerk shall on a six (6) month basis, review the minutes of closed sessions of the Township of Ocean and make a recommendation to the Governing Body which minutes should be considered for public record. The minutes which are made public shall not thereafter be treated as confidential but may be seen and copied by any person(s) in the same manner as any meeting minutes of the Township of Ocean.
  1. This resolution shall take effect immediately.

ROLL CALL:

YES:Garofalo, Hiers, Schepiga, Siciliano, Larkin

CERTIFICATION

I hereby certify that this is a true copy of a resolution passed by the Township of Ocean Governing Body at their meeting held on February 11, 2009.

______

Vincent Buttiglieri, RMC/CMC

Township Clerk

CLOSED SESSION MINUTES

TOWNSHIP COUNCIL – TOWNSHIP OF OCEAN

(SECTION 8 RESOLUTION)

FEBRUARY 11, 2009OAKHURST, NEW JERSEY

Present:Mayor Larkin

Deputy Mayor Hiers, Councilmember(s) Garofalo, Schepiga, Siciliano

Others:Martin Arbus, Esq., Township Attorney

Andrew Brannen, Township Manager

Vincent Buttiglieri, Township Clerk

Subject:Contract – Land Sale Block 101, Lot 72

Action:After discussion, it was determined that the Township was not willing to sell the proposed property to said developer.

Subject:Contract – Land SaleNorth Wanamassa Drive

Action:After discussion, it was determined that the Township was not willing to sell the proposed property to the requestor.

Subject:Contract – Land Sale Fanwood Street

Action:After discussion, it was determined that the Township was not willing to sell the proposed property to the contiguous property owner.

Subject:Litigation – Grant Avenue Estates

Action:Martin Arbus, Township Attorney, reported that he had discussion with the attorney representing the party in question and was led to believe that the party may be requesting funds back from the Township that was previously set aside for affordable housing. Mr. Arbus will report on any future updates to the situation

Subject:Personnel – Personnel Policies

Action:The Township Council agreed to revise the policy so that the employees will receive all vacation adjustments effective January 1 of the affected year.

Subject:Contract – Janitorial Services

Action:Discussion is moving forward with an inter-local services agreement regarding janitorial services, which should commence on July 1, 2009. Additional discussion will occur at a future meeting, once the final agreement has been reached.

Subject:Contract – PBA/SOA

Action:Andrew Brannen, Township Manager, reported that a meeting was held last week with representatives from the PBA and there was not much movement. Subsequent to that meeting, the PBA fired their attorney, which should again, delay the negotiations. Mr. Brannen will continue to advise of the status.

Subject:Contract – Local 701

Action:Andrew Brannen, Township Manager, reported that Local 701 is replacing their legal counsel and he will continue to advise of the status.

Respectfully submitted,

______

Vincent Buttiglieri, RMC/CMC

041-09

REGULAR MEETING MINUTES

TOWNSHIP COUNCIL – TOWNSHIP OF OCEAN

FEBRUARY 11, 2009OAKHURST, NEW JERSEY

The Regular Meeting of the Township Council was held in the Township Meeting Room, First Floor, Public Meeting Room, 399 Monmouth Road, Oakhurst, NJ07755 at 7:00 p.m.

Present:Mayor Larkin

Deputy Mayor Hiers, Councilmember(s) Garofalo, Schepiga, Siciliano

Others:Martin Arbus, Esq., Township Attorney

Andrew Brannen, Township Manager

Vincent Buttiglieri, Township Clerk

Mayor Larkin presided and called the meeting to order and asked for the Pledge of Allegiance.

Statement of Compliance with the Open Public Meetings Act:

Mayor Larkin announced that the notice requirements of the Open Public Meetings Act for this meeting have been satisfied; a copy of the Annual Notice was sent to the Asbury Park Press and The Coaster, posted in Town Hall and filed in the Office of the Township Clerk on December 16, 2008.

Fire Exit Procedures:

There are two emergency exits on the wall to my right that will take you to the front of the building and another one to my left that will take you to the rear parking lot.

NOTICE:

All cell telephones must be turned off. If you need to make a call, please make your call outside the meeting room.

Mayor Larkin administered the Oath of Office to the following officers:

NEW HIRES:Police Officer Jessie A. Orbach

Police Officer Ryan M. Krug

PROMOTIONS:Officer Timothy R. Torchia to Police Sergeant

Officer Todd A. Gregory to Police Sergeant

In the absence of Police Chief Amodio, Captain Ingenito made congratulatory comments regarding each officer, specifically talking about their work ethic and determination to reach their current positions.

Mayor Larkin and Deputy Mayor Hiers also made congratulatory comments to the officers on behalf of the Governing Body.

PROCLAMATION:ARC Awareness Month

March 2009

Arc Awareness Month

March 2009

WHEREAS,intellectual and developmental disabilities are conditions which affect more than7 million Americans and their families, and

043-09

MEETING MINUTESFEBRUARY 11, 2009

WHEREAS,public awareness and education enhance a community’s understanding of the issues affecting people with intellectual and developmental disabilities; and

WHEREAS,people with intellectual and developmental disabilities can be vital and vibrant members of our communities, improving the quality of life for all of us; and

WHEREAS,the month of March has been designated Arc Awareness Month by the State of New Jersey with 20 chapters of The Arc undertaking public awareness, educational and fundraising initiatives; and

WHEREAS,The Arc of Monmouth serves over 1200 individuals with intellectual disabilities throughout Monmouth County and advocates for and with people with intellectual and development disabilities and their families; and

WHEREAS,The Arc of Monmouth is celebrating 60 years of service to families and individuals throughout MonmouthCounty;

NOW, THEREFORE,I, William F. Larkin, Mayor of the Township of Ocean do hereby

Proclaim March 2009 as

ARC AWARENESS MONTH

In the Township of Ocean, New Jersey and urges that the citizens of Ocean, New Jersey give full support to efforts towards enabling people with intellectual and developmental disabilities to live full and productive lives of inclusion in our communities.

Mayor’s Statement:Public Portion to Ask Questions with Regards to Resolutions and Vouchers

The purpose of this public portion is solely to ask questions to understand Resolutions and/or Vouchers that appear on the agenda and is not an occasion for a public hearing on an Ordinance. All questions not related to an item on thisAgenda should be asked during the Public Comments portion at the conclusion of the meeting.

Public Questions:

F.K. Hudson inquired as to the appointment being made to the Township of Ocean Sewerage Authority, Resolution #09-019. Mayor Larkin explained the process utilized in the selection of Mr. Christopher E. Kelly, as well as Mr. Kelly’s qualifications.

Larry Loigman inquired about the Sewerage Authority’s past practices and his hopes that changes would be made regarding the operations of that Authority and the appointment process. Mr. Loigman also inquired as to the need for Resolution #09-026, Emergency Temporary Budget.Andrew Brannen, Township Manager, explained that the amendment was largely due to the fact that there are certain expenditures that come due in the early part of the budget year and the State predicates that the Temporary Budget be no more than 26.25% of the previous years expenditures. Mr. Loigman wished that the Temporary Budget be approved with a reduction in expenditures. Mr. Loigman also inquired about a number of vouchers that appeared on the list for payment approval.

045-09

MEETING MINUTESFEBRUARY 11, 2009

Brian Lefferson also inquired about the appointment of Mr. Kelly to the Sewerage Authority and whether the members of that Board receive health benefits. Mayor Larkin explained that health benefits are no longer provided to new members and to existing members when their current terms expire. Mr. Lefferson also asked why all applicants were not interviewed and felt disappointed that he was not afforded an interview.

CONSENT AGENDA

On a motion by CouncilmemberSicilianoand seconded by CouncilmemberGarofalo, it was moved to approve the following Consent items:

MINUTES:

January 7, 2009 – Workshop, Closed and Regular Meetings

January 12, 2009 – Special Public Meeting

January 21, 2009 – Workshop Meeting

January 24, 2009 – Budget Workshop Meeting

RESOLUTIONS:

09-014 Authorize the release / reduction of Performance Guarantee for:

  1. Block 33.28, Lot 6 – 1801 Finderne Street – Samuel Fromkin Development Corp.

WHEREAS, the Municipal Land Use Law (N.J.S.A. 40:55D-53) permits the Township of Ocean to accept certain improvements and to release performance guarantees posted by Developers when said improvements have been certified as complete by the Township Engineer; and

WHEREAS, Samuel FromkinDevelopment Corporation have heretofore deposited with the Township of Ocean a cash performance guarantee in the amount of $1,762.50 to guarantee the completion of all improvements on premises located on Block 33.28, Lot 6 also known as 1801 Finderne Street; and

WHEREAS, Samuel Fromkin Development Corporation also posted a cash bond in the amount of $5,000.00 to assure the completion of the final grading, seeding and installation of the drainage improvements by way of resolution dated March 19, 2007; and

WHEREAS, William H. White, III, P.E., representing the Township Engineer, Maser Consulting P.A. has advised the Township Manager by letter dated December 11, 2008, a copy of which is on file in the Office of the Township Clerk and made a part hereof, that the improvements have been substantially completed and said representative of the Township Engineer recommends the acceptance of same and the release of the aforementioned cash performance guarantees for the site improvements only, subject to the posting of a maintenance guarantee in the amount of 15% of the cost of the improvements and payment of any outstanding engineering and administrative fees; and

WHEREAS, William H. White, III, P.E., has also advised Diane Haege, Building TACO by letter dated February 2, 2009, a copy of which is on file in the Office of the Township Clerk and made a part hereof, that the final grading, seeding and installation of the drainage improvements have been completed and recommends the release of the $5,000.00 cash guarantee; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Ocean in the County of Monmouth, that the improvements hereinbefore referred to be and the same are hereby accepted as per the aforesaid memorandum of William H. White, P.E. and the FULL RELEASE OF PERFORMANCE GUARANTEES FOR SAMUEL

047-09

MEETING MINUTESFEBRUARY 11, 2009

FROMKIN DEVELOPMENT CORPORATION totaling $6,762.50 are hereby released, canceled and discharged.

BE IT FURTHER RESOLVED by the Township Council that this resolution shall not become effective unless and until the Township of Ocean is furnished with the posting of a maintenance guarantee in the amount of 15% of the cost of the improvements and payment of any outstanding engineering and administrative fees; and

BE IT FURTHER RESOLVED that a copy of this resolution, certified to be a true copy, be forwarded to the following:

  1. Samuel Fromkin Development Corporation
  2. Director of Finance
  3. Construction Official
  4. Director of Community Development
  5. Township Engineer
  1. Block 20, Lot 9 – 330 Park Avenue – David & Germaine Dweck

WHEREAS, the Municipal Land Use Law (N.J.S.A. 40:55D-53) permits the Township of Ocean to accept certain improvements and to release performance guarantees posted by developers when said improvements have been certified as complete by the Township Engineer; and

WHEREAS, Resolution #09-004b was approved by the Township of Ocean Council on January 7, 2009 and the amounts to be refunded referenced in said resolution needed to be revised; and