TOWNSHIP COUNCIL TOWNSHIP OF OCEAN MAY …...Brain Tumor Awareness Month - May 2016 Brain Tumor...

178-16

REGULAR MEETING MINUTES TOWNSHIP COUNCIL – TOWNSHIP OF OCEAN

MAY 12, 2016 OAKHURST, NEW JERSEY

The Regular Meeting of the Township Council was held in the Public Meeting Room, First Floor, 399 Monmouth Road, Oakhurst, NJ 07755 at 7:00 p.m. Present: Mayor Siciliano

Deputy Mayor Garofalo Councilmember(s) Acerra, Long and Schepiga Others: Martin Arbus, Esq., Township Attorney Andrew Brannen, Township Manager

Vincent Buttiglieri, Township Clerk Statement of Compliance with the Open Public Meetings Act: Mayor Siciliano announced that the notice requirements of the Open Public Meetings Act for this meeting have been satisfied; a copy of the Meeting 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 29, 2015. NOTICE: All cell telephones must be turned off. If you need to make a call, please make your call outside the meeting room.

CEREMONY: Oath of Office - Police Officer Joseph Bones

Steven R. Peters, Police Chief, spoke about Officer Bones experience prior to coming to the Township of Ocean. Officer Bones started out as a Special Law Enforcement Officer in Point Pleasant Beach, then as a Police Officer in Bridgewater for three years prior to coming to the Township. Officer Bones received his Associates Degree from Ocean County College.

Mayor Siciliano administered the Oath of Office to Officer Bones, as his wife held the Bible. Certificates of Commemorations: Oakhurst Independent Hose Company No. 1 - 50 Years of Service Mayor Siciliano presented Certificates to the following 50 plus year members of the Oakhurst Fire Company: Arthur S. Schenck, Sr. Roger Greene William Reu Mervyn Francis Howard Richmond Daniel P. Skinner Robert C. Davidson David C. Smith Robert J. Klinger LeRoy “Red” Pembleton J. David Hiers Walter Heerschap Paul Hanisch Arthur S. Schenck, Jr. Fred Willms Those members present told about how they became involved in the Fire Department. Ocean Township High School Class of 1975 Teacher Appreciation Scholarship Mayor Siciliano invited members of the Class of 1975 up to the dais to accept a Proclamation recognizing them for establishing a scholarship at the Ocean Township High School. COUNCIL COMMENTS:

179-16 MEETING MINUTES May 12, 2016

Deputy Mayor Garofalo stated that he attended the Police Department Awards Ceremony on May 11, 2016 and we are truly lucky to have these men and women working in the Township. They exemplify bravery, courage and fortitude daily. He commended all officers on a job well done. Councilmember Schepiga reminded all that Clean Sweep is being held on Sunday, May 15 from 11:00 a.m. until 1:30 p.m. at Oakhurst Park. Also, the Memorial Day Festivities will begin with a Ceremony at 11:00 a.m. at Town Hall followed by the Parade which begins at 12:30 at the intersection of Sherman Avenue and Monmouth Road. Councilmember Long reported that he attended the Human Services Council meeting in which the following matters were discussed:

Community Hope Fund – Grant applications are due by May 31, 2016 and winners will be selected in June.

Community Pool – the Township will be hiring an aquatic engineer to design a new wading pool at the Pool Complex.

Andrew Brannen, Township Manager, said the Township has done upgrades to the Township website and encouraged people to take a look. Mr. Brannen also reminded everyone that the second Township-wide garage sale will be held this weekend for Zones 3 and 4 Mayor Siciliano said he also attended the Police awards Dinner and was astounded by the number of life-saving procedures our officers are involved in. We had one officer who was involved in seven life-saving events this past year. The following did not offer any report: Councilmember Acerra Martin Arbus, Esq., Township Attorney PROCLAMATIONS: Click It or Ticket - May 23 - June 5, 2016

Supporting the Click It or Ticket Mobilization May 23 – June 5, 2016

Whereas, there were 560 motor vehicle fatalities in New Jersey in 2015; and

Whereas, a large percentage of the motor vehicle occupants killed in traffic crashes

were not wearing a seat belt; and

Whereas, use of a seat belt remains the most effective way to avoid death or serious

injury in a motor vehicle crash; and

Whereas, the National Highway Traffic Safety Administration estimates that 135,000

lives were saved by safety belt usage nationally between 1975-2000; and

Whereas, the State of New Jersey will participate in the nationwide Click It or Ticket

seat belt mobilization from May 23 – June 5, 2016 in an effort to raise awareness and

increase seat belt usage through a combination of high visibility enforcement and public

education; and


Whereas, the Division of Highway Traffic Safety has set a goal of increasing the seat

belt usage rate in the state from the current level of 91% to 93%; and

Whereas, a further increase in seat belt usage in New Jersey will save lives on our

roadways;

Therefore, be is resolved that the Governing Body of the Township of Ocean declares

its support for the Click It or Ticket seat belt mobilization both locally and nationally from

May 23 – June 5, 2016 and pledges to increase awareness of the mobilization and the

benefits of seat belt use. Brain Tumor Awareness Month - May 2016

Brain Tumor Awareness Month

May 2016

WHEREAS, brain tumors, both primary (originating in brain tissue) and secondary

(originating in other parts of the body that metastasize to the brain) are diagnosed in more

than 210,000 Americans of all ages, races, socio-economic status, and gender each year and

continue to rise annually; and

WHEREAS, because brain tumors are located at the control center for thought, emotion,

and movement, their effects on an individual’s physical and cognitive abilities can be

devastating; and

WHEREAS, there are a few known risk factors for brain tumors and no strategies for early

detection, also, symptoms of brain tumors can be attributed to other conditions, leading to

delays in diagnosis; and

WHEREAS, brain tumor treatment options are both limited and complicated, due to the fact

that there are more than 120 different types of tumors and the tumor’s location; and

WHEREAS, increased public awareness of brain tumors through advocacy and support for

targeted research, as well as education about the impact brain tumors have on patients’ and

their families’ lives are critical to support and action for a cure; and

WHEREAS, Scott Treon, an Ohio native and resident of Huntersville, North Carolina, is

battling Glioblastoma, and through his faith and the support of his family and friends,

remains positive and determined to find a cure.

NOW, THEREFORE, I, Christopher P. Siciliano, by the power vested in me as Mayor of the

Township of Ocean and on behalf of the Governing Body and residents, do hereby proclaim

May 2016 as Brain Tumor Awareness Month in the Township of Ocean, and further proclaim

May 21, 2016, as

SCOTT TREON DAY

in the Township of Ocean and urge citizens to support research on brain tumors, patients,

caregivers, and families who will benefit from new therapies and cures and encourage Scott,

his family, and friends to stay Treon Strong.


Mayor's Statement: Public Portion of any Questions as to Resolutions

The purpose of this public portion is solely to ask questions to understand Resolutions and Vouchers that appear on this Agenda and is not an occasion for a public hearing on an Ordinance. All questions not related to an item on this Agenda should be asked during the Public Comments portion at the conclusion of the meeting. PUBLIC COMMENTS: Don Geiger inquired about a number of payments that appeared on the Voucher List including but not limited to: American Public Works Association, Beyer Ford, Bricks 4 Kidz, Concept Professional, Dilworth Paxson, LLP, Fastenal Co., Fire Security Tech, Inc., Govconnections, Inc., Guitar Center, Kiely Equipment Co., Inc., Lynn Peavey, Co., Mid Atlantic Truck Center, Inc., New System Kitchen Ventilation and NJMMA. Mr. Brannen responded as needed. CONSENT AGENDA: MINUTES: April 21, 2016 - Workshop Meeting April 28, 2016 - Workshop and Public Meeting RESOLUTIONS: 16-050 Approve the Settlement Agreement and Mutual Release between the Township of

Ocean, Cedar Village at Ocean, LLC and Cedar Village at Ocean Homeowners Association, Inc.

WHEREAS, the Township Council of the Township of Ocean entered into a Developer’s

Agreement for Cedar Village at Ocean, LLC (“Developer”) for Phase I on November 28, 2001 with reductions on May 26, 2004 and March 19, 2007, the Sales Area on May 20, 2002 with a reduction on October 25, 2006, Phase II on April 14, 2004 with a reduction on March 19, 2007, Phase III on January 25, 2006 with reductions on January 22, 2007 and February 12, 2010 and Phase IV on January 25, 2006 with reductions on January 22, 2007 and February 12, 2010; and

WHEREAS, the Developer posted Performance Guarantees for all phases of the project in connection with the development of the property; and

WHEREAS, issues concerning the release of performance guarantees are intertwined with

the Association’s site and have been brought to the attention of Township of Ocean, Cedar Village at Ocean, LLC and Cedar Village at Ocean Homeowners Association, Inc.; and

WHEREAS, the parties hereto seek to avoid further costs and to resolve these matters

arising between them in an amicable manner; and WHEREAS, a Settlement Agreement and Mutual Release between Cedar Village at Ocean, LLC, the Township of Ocean and Cedar Village at Ocean Homeowners Association, Inc. has been prepared along with Exhibit A;

NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the Township of Ocean, County of Monmouth, that it does hereby authorize the Mayor and Township Clerk to execute the Settlement Agreement and Mutual Release between Cedar Village at Ocean, LLC, the Township of Ocean and Cedar Village at Ocean Homeowners Association, Inc. in connection with Cedar Village at Ocean, LLC subject to the following conditions as stipulates in said Settlement Agreement; and


FURTHER BE IT RESOLVED that a certified copy of this resolution be forwarded to the

following: 1. Director of Finance 2. Township Engineer 3. Township Attorney 4. Cedar Village at Ocean, LLC 5. Cedar Village at Ocean Homeowners Association, Inc.

16-100 Authorize the Release of Performance Guarantees for the following: a) Block 44, Lot 7 - 404 Maple Avenue - David J. Jemal

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, David J. Jemal has heretofore deposited with the Township of Ocean a cash performance guarantee in the amount of $7,164.00 to guarantee the completion of all improvements on premises known as Block 44, Lot 7 also known as 404 Maple Avenue; and WHEREAS, Gregory S. Blash, P.E., representing the Township Engineer, has advised the Township Manager by letter dated June 10, 2013, 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 guarantee subject to the posting of a maintenance guarantee in the amount of 15% ($3,582.00) of the cost of the improvements and any outstanding engineering and administrative fees; 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 Gregory S. Blash, P.E. and the performance guarantees totaling $7,164.00 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% ($3,582.00) 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. Township Engineer 2. Director of Finance 3. Director of Community Development 4. Construction Official 5. David J. Jemal 16-101 Approve the Release of Closed Session Minutes from April 28, 2016

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

WHEREAS, the public shall be excluded from discussions of and actions upon specified subject matters including:

1. Personnel 2. Pending litigation matters involving the Township, its employees and/or agents 3. Pending or future land acquisitions 4. Pending or future contract negotiations


WHEREAS, the Township of Ocean adopted procedures to make closed session minutes

available for public inspection; and WHEREAS, the Municipal Clerk, on a periodic basis shall review the minutes of the closed

sessions of the Township of Ocean and make a recommendation to the Township Council which minutes should be made available for public inspection. The minutes which are made public shall not thereafter be treated as confidential but may be viewed by and copies issued to any person so requesting them; and WHEREAS, the release of the below noted closed session minutes are subject to certain item(s) being redacted prior to the release due to the fact that the matter has not been concluded, and therefore, are not subject to release;

NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the Township of Ocean, County of Monmouth that authorization is hereby given to release the following closed session minutes, subject to any appropriate redaction:

April 28, 2016

16-102 Authorize the cancellation of the May 31, 2016 Township Council Meeting

WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-18 requires a public body post and maintain posted throughout the year a schedule of regular meetings of the public body to be held during the succeeding year; and

WHEREAS, the Township Council of the Township of Ocean wishes to amend the meeting

schedule that was approved on December 29, 2016 as follows: OLD MEETING DATE NEW MEETING DATE

May 31, 2016 CANCELLED NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of

Ocean, County of Monmouth, State of New Jersey that it does hereby amend the meeting schedule of the Township Council as noted above and the Township Clerk is authorized to post said change in accordance with N.J.S.A. 10:4-18

Vote on All Consent Items: INDIVIDUAL ACTION: VOUCHERS: $12,134,078.37 See next page for full list.

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused


RESOLUTIONS: 16-103 Authorize the submission and acceptance of the following Grant(s): a. Click It or Ticket 2016 Statewide Seatbelt Mobilization

WHEREAS, there are funds available from the NJ Division of Highway Traffic Safety for

overtime enforcement of Statewide Seat Belt Enforcement; and WHEREAS, $5,000.00 will be available to be utilized during “Click it or Ticket 2016 Statewide Seatbelt Mobilization for enforcement; and WHEREAS, the Township of Ocean Police Chief has recommended that the Township apply for said Grant; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Ocean, County of Monmouth, and State of New Jersey, that the appropriate officials are hereby authorized to execute and sign any and all documents in order to effectuate the receipt of Grant Funds between the Township of Ocean, County of Monmouth and the Division of Highway Traffic Safety Click it or Ticket Statewide Seatbelt Mobilization. BE IT FURTHER RESOLVED, that the Mayor, or his designee, and the Municipal Clerk are hereby authorized to execute any and all documents to effectuate the receipt of funds in the amount of $5,000.00 from the NJ Division of Highway Traffic Safety for overtime enforcement of Statewide Seat Belt Enforcement on behalf of the Township of Ocean and said signatures constitute acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the following: 1. Director of Finance 2. Chief of Police

16-104 Approve Change Order No. 1 for the 2013 Roadway Improvement Program decreasing the total contract amount by $250,661.11 from $1,610,108.18 to $1,359,447.07

WHEREAS, on September 17, 2013, the Township Council of the Township of Ocean awarded a contract to Fernandes Construction, Inc. for the 2013 Roadway Improvement Program; and

WHEREAS, subsequent to that award, various revisions to as-built quantities (Items 3-49) resulting in a $250,661.11 decrease in the total contract amount from $1,610,108.18 to $1,359,447.07; and

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Ocean in the County of Monmouth, that it does hereby approve Change Order No. 1 decreasing the overall contract amount by $250,661.11, from $1,610,108.18 to $1,359,447.07 for the 2013 Roadway Improvement Program that was awarded to Fernandes Construction, Inc. and

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused


BE IT FURTHER RESOLVED that certified copies of this resolution be forwarded to the following:

1. Director of Finance 2. Township Engineer 3. Director of Public Works 4. Fernandes Construction, Inc.

16-105 Authorize the Tax Collector to issue a refund to the former property owner of Block 37.12, Lot 16 due to the payment of 2nd Quarter 2016 taxes subsequent to the sale of said property

WHEREAS, a payment was made through Direct Withdrawal by the owner of Block 37.12, Lot 16 for the 2nd quarter 2016 property taxes in the amount of $3,612.43 subsequent to their sale of said premises; and WHEREAS, the tax overpayment should be refunded to Larry Regan, 824 Waverly Avenue, Neptune, NJ 07753; NOW, THEREFORE BE IT RESOLVED, by the Township Council of the Township of Ocean, County of Monmouth that it does hereby authorize the Tax Collector and the Director of Finance to refund the said tax overpayment to the payer listed below.

Block Lot Owner/Payer Name Amount Reason

37.12 16 Larry Regan $3,612.43 Payment made by Larry Regan subsequent to sale of home for 2nd Quarter 2016 taxes.

Total Taxes Overpaid $3,612.43

BE IT FURTHER RESOLVED that a copy of the within resolution be forwarded to the following:

1. Tax Collector 2. Township Auditor

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused


ORDINANCES: Adoption(s): Ord #2270 – (Coaster) An Ordinance Amending and Supplementing Chapter VII of the "Revised General Ordinances of the Township of Ocean, 1965" entitled: Property Maintenance and Housing Public Comments: There were no comments at this time. The following vote was taken to close the Public Hearing on Ordinance #2270

The following vote was taken to adopt Ordinance #2270 and advertise according to law: Ord #2271 – (Coaster) An Ordinance Amending Ordinance No. 2255 entitled: "An Ordinance fixing salaries and compensation of certain offices, positions and employees in the Township of Ocean"

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused

Record of Vote

Deputy Mayor

Garofalo

Councilman

Evans

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused

Record of Vote

Deputy Mayor

Garofalo

Councilman

Evans

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused


Public Comments: There were no comments at this time. The following vote was taken to close the Public Hearing on Ordinance #2271

The following vote was taken to adopt Ordinance #2271 and advertise according to law: Introduction(s): Ord #2272 – (P.H. 6/9 Coaster) An Ordinance Amending and Supplementing Chapter VII of the "Revised General Ordinances of the Township of Ocean, 1965" entitled: Property Maintenance and Housing

BE IT ORDAINED, by the Township Council of the Township of Ocean, County of Monmouth and

State of New Jersey that the following be and are hereby amended to read as follows:

CHAPTER VII PROPERTY MAINTENANCE AND HOUSING

7-3.1 ADOPTION OF PROPERTY MAINTENANCE CODE

SECTION 202 BEDROOM DEFINITION SHALL BE AMENDED TO ADD: Every approved bedroom occupied by one person shall contain at least 70 square feet

(6.5m2) of floor area with at least one permanent closet and entry door. Every bedroom occupied by more than one person shall contain at least 50 square feet (4.6m2) of floor area for each occupant thereof. Every Living Room shall contain at least 120 square feet.

BE IT FURTHER ORDAINED, that all other ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistencies; and BE IT FURTHER ORDAINED, if any section, paragraph, subparagraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to that section, paragraph, subparagraph, clause or provision or adjusted and the remainder of the ordinance shall be deemed valid and effective; and

Record of Vote

Deputy Mayor

Garofalo

Councilman

Evans

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused

Record of Vote

Deputy Mayor

Garofalo

Councilman

Evans

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused

189-16

MEETING MINUTES May 12, 2016

BE IT FURTHER ORDAINED, This ordinance shall take effect after publication and passage as provided by law.

Ord #2273 – (P.H. 6/9 Coaster) Bond Ordinance providing for various Capital Improvements and the acquisition of various Capital Equipment appropriating $2,499,375.00 and authorizing the issuance of $2,092,375.00 Bonds or Notes to finance a portion of the costs

BE IT ORDAINED by the TOWNSHIP COUNCIL OF THE TOWNSHIP OF OCEAN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1. The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Township of Ocean, in the County of Monmouth, New Jersey (the “Township”). For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $2,499,375, said sum being inclusive of all appropriations heretofore made therefore, including $250,000 grant funds expected to be received from the New Jersey Department of Transportation (“NJDOT”), and the sum of $157,000 as the down payment for said purposes as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in the Capital Improvement Fund of one or more previously adopted budgets.

Section 2. In order to finance the costs of said improvements or purposes not provided for by the application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $2,092,375, pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3. (a) The improvements hereby authorized and the purposes for which the obligations are to be issued consist of:

i) Various improvements and equipment acquisitions for the Department of Public Works including, but not limited to, a replacement pickup truck with snow plow; a replacement four-wheel drive eight (8) cubic yard dump truck with plow and spreader; street signs and striping; a Toro 7210 Mower; an irrigation well at Colonial Terrace Golf Course; the conversion of Truck No. 27 from utility body to mason dump; improvements to Sunset Avenue Garage Phase I; and a master key system for Town Hall and other buildings, with a total appropriation and estimated cost of $409,000, estimated maximum amount of bonds and notes therefor of $388,550, and an average period of usefulness of 6.83 years;

ii) Acquisition of various information technology equipment including, but not limited to, computers, monitors, cameras, servers and other computer-related items, with a total appropriation and estimated cost of $70,000, estimated amount of bonds and notes therefor of $66,500, and an average period of usefulness of five (5) years;

iii) Improvements and equipment acquisitions for the police department including, but not limited to, locker room improvements; and a live scan fingerprint machine with accessories, with a total appropriation and estimated cost of $94,000, estimated amount of bonds and notes therefor of $89,300, and an average period of usefulness of 10.32 years;

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused


iv) Recreation improvements and equipment acquisitions including, but not limited to, replacement of multipurpose play equipment at Oakhurst Park Playground; initial design of an activity pool at WP Pool & Tennis Club; and reconstruction of Oakhurst Tennis Court, with a total appropriation and estimated cost of $233,500, estimated amount of bonds and notes therefor of $221,825, and an average period of usefulness of 13.93 years;

v) Acquisition of equipment for the Office of Emergency Management including, but not limited to, a solar panel dome camera trailer; purchase and installation of a 700 MHz radio with antenna for the Emergency Operations Center (“EOC”); and radio communications upgrade for the EOC, with a total appropriation and estimated cost of $21,000, estimated maximum amount of bonds and notes therefor of $19,950, and an average period of usefulness of five (5) years;

vi) Reconstruction of various streets including the 2016 Road Improvement Program; and a study of the Route 35 Traffic Corridor, with a total appropriation and estimated cost of $1,625,000, including $250,000 grant funds expected to be received from the NJDOT, estimated maximum amount of bonds and notes therefor of $1,306,250, and an average period of usefulness of 18.91 years; and

vii) Acquisition of various capital equipment purchased exclusively from the Capital Improvement Fund for various departments and divisions thereof including, but not limited to, Buildings and Grounds; Streets and Roads; Equipment Maintenance; Sanitation; Recreation/Pool; Human Services; Police; and Emergency Management, with a total appropriation and estimated cost of $46,875,

together with all purposes necessary, incidental or appurtenant thereto, all as shown on and in accordance with contracts, plans, specifications or requisitions therefor on file with or through the Township Clerk, as finally approved by the governing body of the Township.

(b) The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $2,092,375, as stated in Section 2 hereof.

(c) The estimated cost of the improvements or purposes described in Section 3(a) hereof is $2,499,375, which is equal to the amount of the appropriation herein made therefor. The excess of the appropriation of $2,499,375 over the estimated maximum amount of bonds or notes to be issued therefor being the amount of said $157,000 down payment for said purposes, and the $250,000 grant funds expected to be received from the NJDOT.

Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Township, provided that no note shall mature later than one (1) year from its date. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5. The following additional matters are hereby determined, declared, recited and stated:

(a) The improvements or purposes described in Section 3 of this bond ordinance are not a current expense and are improvements or purposes that the Township may lawfully undertake as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.

(b) The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations


authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 15.20 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Township Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such Statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $2,092,375 and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $475,000 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements.

(e) To the extent that moneys of the Township are used to finance, on an interim basis, costs of said improvements or purposes, the Township reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto.

Section 6. The capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Township Clerk and is available there for public inspection.

Section 7. Any grant or similar moneys from time to time received by the Township for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements within the appropriation herein authorized or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used.

Section 8. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and, unless paid from other sources, the Township shall be obligated to levy ad valorem taxes upon all the taxable property within the Township for the payment of the obligations and the interest thereon without limitation as to rate or amount.

Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Ord #2274 – (P.H. 6/9 Coaster) An ordinance authorizing the private sale of non-conforming real property known as Block 9, Lot 53 to a contiguous property owner pursuant to N.J.S.A. 40A:12-13(B)(2)

WHEREAS, NJSA 40A:12-13(B)(5) authorizes the sale of municipally-owned property which is less than the minimum size required for development under the Municipal Zoning Ordinance,

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused


and which is without any capital improvement thereon, to the owners of contiguous real property; and

WHEREAS, the Township Council has found and determined that the real property designated as Block 9, Lot 53 known as Howard Avenue aforesaid will not be needed for public use and may be offered for sale to the contiguous owners pursuant to the cited statues.

WHEREAS, the Tax Assessor of the Township of Ocean has recommended the sale of the subject lot with a minimum bid price of $22,176.00 “Schedule A” attached.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Ocean in the County of Monmouth and State of New Jersey as follows:

SECTION I Within five (5) days following final enactment of this Ordinance, the Township Clerk shall post on the regular Town Hall bulletin board and advertise in a newspaper circulating the Township, a notice setting forth the following information as to the sale of Block 9, Lot 53, property location as Howard Avenue of the Township of Ocean Tax Map, whose sale is hereby authorized. A copy of this notice shall also be mailed by certified mail by the Township Clerk to all contiguous property owners of the property being offered for sale within the aforesaid five (5) day period.

PUBLIC NOTICE ORDINANCE #2274 – SALE OF LAND

TAKE NOTICE that pursuant to an Ordinance of the Township of Ocean adopted pursuant to NJSA 40A:12-13(b)(5) on June 9, 2016 the Township of Ocean offers for sale the following property to contiguous property owners under the following terms and conditions: a) Property offered for sale: Block 9, Lot 53 known as Howard Avenue of the Township of

Ocean Tax Map; b) Minimum price: $22,176.00 c) Deed Restriction: Block 9, Lot 53 known as Howard Avenue of the Township of Ocean

Tax Map shall be precluded from further sale as a separate lot by the contiguous owner purchasing said property pursuant to this ordinance. Nothing contained herein shall prohibit the development of Block 9, Lot 53 of the Township of Ocean Tax Map for accessory uses to the principal, contiguous lot with which it shall be merged; or shall preclude its development as a fully buildable lot providing it is included with other lands from the principal contiguous lot if a subdivision is approved by the Township of Ocean Planning Board or Board of Adjustment.

d) The sale is made subject to all restrictions, covenants, restrictions and conditions of record,

with said property being sold in an “as is” condition and is being sold subject to such other facts that an accurate, certified survey would reveal.

e) Any contiguous property owner desiring to make an offer for the purchase of the

property being offered for sale herein shall, within twenty (20) days following advertisement of this notice or a receipt of a mailed copy of this note, make an offer in writing by certified mail addressed to the Township Council c/o Township Clerk, Township of Ocean, 399 Monmouth Road, Oakhurst, New Jersey 07755 at no less than the minimum price set forth hereinabove. All bids must be received no later than 3:00pm on Wednesday, July 6, 2016, all bids must be marked “Sealed Bid Enclosed”.

f) The Township Council of the Township of Ocean reserves the right to reject any and all

offers, and shall accept or reject any offer within thirty (30) days of the advertisement of this public notice. If the Township Council fails to accept or reject any offer within the aforesaid


time period, all offers will be deemed rejected. Where there is more than one owner with

real property contiguous to the property being offered for sale, the subject property will be sold to the highest bidder or offer from among all such owners submitting an offer as provided for herein. All offers shall be accompanied by a certified or cashier’s check in the amount of ten percent (10%) of the offer made, payable to the Township of ocean; the balance shall be paid at closing of title.

g) The closing of title shall be by a bargain and sale deed without covenants as to grantor.

Closing shall take place no later than ninety (90) days after the acceptance of the offer by the Township Council. The Township of Ocean makes no representation as to the condition or marketability of title a to the subject property.

h) In addition to the purchase or offer price, it shall be the responsibility of the successful

bidder to pay at closing the administrative, advertisement and mailing costs in connection with this sale and the Township Attorney’s fee for the preparation of the deed in connection with this sale. If the successful bidder or offerer shall fail to close title through no fault of the Township, the successful bidder or offerer shall forfeit the deposit made for the sale, which shall be retained by the Township as liquidated damages.

i) The Township Clerk shall file with the Director, Division of Local Government Services in the

Department of Community Affairs, a sworn affidavit verifying publication of advertisement as required by this ordinance.

SECTION II All ordinances and parts of ordinances in consistent herewith are hereby repealed. SECTION III Since this ordinance is not legislative in nature, it need not be codified in the “Revised General Ordinances of the Township of Ocean.”

PUBLIC COMMENTS: Don Geiger inquired as follows:

Tennis Facility – What is the status?

Mayor Siciliano stated that the case is to go before the Planning Board on June 14, 2016.

Ocean Fitness – Has it been purchased by someone?

Mayor Siciliano stated that the owner is currently working to try and find a tenant.

Bike Lanes/No Parking on Logan Road – When will it be implemented?

Mr. Brannen said the signs are ready and the bike lanes have been striped. The signs will be up within a few weeks.

Sunset Avenue Bridge – Will it be opened by May 31, as scheduled?

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused

194-16

MEETING MINUTES May 12, 2016

Mayor Siciliano said that he has been assured it would be open by that date.

BJ’s jug-handle is in need of repaving. Is this slated to be done?

Mayor Siciliano said the NJDOT has a repaving plan for the Route 35 corridor, including the jug-handle.

Mr. Geiger also discussed the speeding issue on Allaire Road and the illegal parking issues at the Post Office on Fairmount Avenue.

Marwin Meller asked if the Township has any special plans for the stagnant water, especially with the Zika Virus now prevalent. Mr. Brannen stated that the Monmouth County Regional Health Commission, of which we are a member of, is staying on top of that issue. Seeing there were no other questions, the meeting was adjourned.

Respectfully submitted,

Christopher P. Siciliano Vincent Buttiglieri, RMC/CMC/MMC Mayor Township Clerk

Record of Vote

Deputy Mayor

Garofalo

Councilman

Acerra

Councilman

Long

Councilwoman

Schepiga

Mayor

Siciliano

Motion To Approve X

Motion to Second X

Approved X X X X X

Opposed

Not Voting/Recuse

Absent/Excused

TOWNSHIP COUNCIL TOWNSHIP OF OCEAN MAY …...Brain Tumor Awareness Month - May 2016 Brain Tumor...

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