DRAFT MINUTES WORKSHOP.PDF DRAFT MINUTES REGULAR.PDF. PUBLIC COMMENT--Ordinances On First Reading And Resolutions Only

Transcription

1 PLEDGE OF ALLEGIANCE ROLL CALL SUNSHINE STATEMENT SUSPEND REGULAR ORDER OF BUSINESS RESUME REGULAR ORDER OF BUSINESS WORKSHOP APPROVAL OF MINUTES 7.I. Draft Minutes - November 7, 2018 Workshop Meeting Documents: DRAFT MINUTES WORKSHOP.PDF 7.II. Draft Minutes - November 7, 2018 Regular Meeting Documents: DRAFT MINUTES REGULAR.PDF MAYORAL APPOINTMENTS REPORTS OF MAYOR AND COUNCIL MEMBERS COMMUNICATIONS AND PETITIONS PUBLIC COMMENT--Ordinances On First Reading And Resolutions Only ORDINANCES - First Reading 12.I An Ordinance Amending And Supplementing Chapter 85 Mayor And Council, Article IV: Committees Sections 85-8 Duties Of Standing Committees Of Council. Documents: INTRO.PDF 12.II An Ordinance Amending Chapter 680, "Vehicles And Traffic," Subsection , "Schedule XXVI: Restricted Parking For Handicapped Persons" Of The Revised General Ordinances Of The Borough Of Red Bank. Documents: INTRO.PDF 12.III An Ordinance Amending And Supplementing Chapter 490, Planning And Development Regulations, Relating To Signs Documents: INTRO.PDF

2 12.IV An Ordinance Amending Borough Code Chapter 490: Planning And Development Regulations To Modify Standard Of Measurement For New Trees And To Clarify Standard Of Measurement For Existing Trees. Documents: INTRO.PDF 13. ORDINANCES - Public Hearing And Final Adoption 13.I An Ordinance Adopting A Redevelopment Plan For The Property Identified On The Borough s Official Tax Map As Block 3, Lots 2.01, 4.01, 6, 7.01 AND Documents: PUBLIC HEARING.PDF 13.II A Bond Ordinance Providing For The 2018 Capital Improvement Program By And In The Borough Of Red Bank, In The Council Of Monmouth, State Of New Jersey; Appropriating $3,374,800 Therefor And Authorizing The Issuance Of $2,637,800 Bonds Or Notes To Finance Part Of The Cost Thereof. Documents: PUBLIC HEARING.PDF 13.III A Bond Ordinance Providing For Various Improvement By The Water/Sewer Utility Of The Borough Of Red Bank, In The County Of Monmouth, State Of New Jersey; Appropriating $1,450,000 Therefor And Authorizing The Issuance Of $1,450,000 Bonds Or Notes To Finance The Cost Thereof. Documents: PUBLIC HEARING.PDF 13.IV A Bond Ordinance Providing For Various Improvements By The Parking Utility Of The Borough Of Red Bank, In The County Of Monmouth, State Of New Jersey; Appropriating $422,000 Therefor And Authorizing The Issuance Of $422,000 Bonds Or Notes To Finance The Cost Thereof. Documents: PUBLIC HEARING.PDF 14. RESOLUTIONS 14.I A Resolution Regarding The 2019 Reorganization Meeting Of The Government Body. Documents: PDF 14.II A Resolution Authorizing Premiums More Than Five Years Old And Premiums On Foreclosed Liens Be Transferred To The Borough Of Red Bank MRNA Documents:

3 PDF 14.III A Resolution Awarding A Contract To Monmouth Telecom For Telephone And Internet Service. Documents: PDF 14.IV A Resolution Authorizing The Borough Of Red Bank To Enter Into A Contract With The Red Bank Affordable Housing Corporation To Serve As The Borough s COAH Administrative Agent. Documents: PDF 14.V A Resolution Awarding A Professional Services Contract To CME Associates For Engineering Services For The Preparation Of A New Jersey Infrastructure Financing Program Application For White Street Improvements. Documents: PDF 14.VI A Resolution Requesting Approval Of Special Item Of Revenue And Appropriation According To N.J.S.A. 40A:4-87 ($1, FM Global Fire Prevention Grant) Documents: PDF 14.VII A Resolution Retaining Michael D. Fitzgerald, Esq. To Represent The Borough Of Red Bank In A Class Action Lawsuit Against Lexis Nexis Under A Contingent Fee Arrangement. Documents: PDF 14.VIII A Resolution Authorizing Transfer Of 2018 Current Fund Documents: PDF PROCLAMATIONS PAYMENT OF VOUCHERS 16.I. A Resolution For Payment Of Bills Amounting To $5,718, Documents: PAYMENT OF VOUCHERS.PDF 17. OLD BUSINESS

4 NEW BUSINESS AUDIENCE EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION ADJOURNMENT

5 MINUTES WORKSHOP MEETING MUNICIPAL COUNCIL BOROUGH OF RED BANK November 7, :30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: ABSENT: ALSO PRESENT: SUNSHINE STATEMENT Mayor Menna and Council Members Whelan, Yngstrom, Ballard, Zipprich, and Horgan. Councilman Taylor Administrator Shehady, Borough Clerk Borghi, Attorney Sobel, Engineer Neumann and Department Heads. Mayor Menna requested the minutes reflect that, in compliance with Public Law 1975, Chapter 231 (Open Public Meetings Act), notice of this meeting has been provided by notifying the Asbury Park Press, the Two River Times and the Star Ledger and by placing a notice on the bulletin board and filing same with the Borough Clerk on July 18, REPORTS OF DEPARTMENTS/OFFICES Parks & Recreation Director Hoffmann reviewed his October report. He reviewed recent and upcoming activities including a Holiday tree lighting on December 1. Councilman Zipprich asked for the location of the tree lighting. Director Hoffmann said it would be held in Johnny Jazz Park. Administrator Shehady noted that the Department was installing a digital message sign in Johnny Jazz Parking pending Planning Board review on November 19. Councilman Ballard asked about a recent complaint from a coach regarding a scheduling issue. Mr. Hoffmann said he had discussed the matter with both parties involved and said it has been resolved. He said he would send a follow up to confirm. Councilman Zipprich asked if they had gone out to bid on the electronic sign. Mr. Hoffmann said they had obtained quotes. Administrator Shehady noted that it was under the bid threshold. Councilman Whelan suggested the Committee look at signs in some nearby towns. Councilman Yngstrom said they had been discussed at the Parks & Recreation Committee meetings. Engineer Engineer Neumann gave an update on the East Bergen Improvement Project and said it was expected to be complete by May 1, She also gave an update on the Eastside Park/Mohawk Pond project. She noted there was a Bond Ordinance pending to fund the 2019/2020 Road Program. She reviewed grants for various streets that would be included in the project and the streets that were on the schedule. Councilman Ballard asked about her reference to EIT funding. Ms. Neumann explained that they had recently changed the name to the Infrastructure Water Bank. Administrator Shehady explained that is was State funding. Ms. Neumann added that it was a low interest loan. Councilman Ballard asked her to review the list of streets again which she did. Councilman Taylor asked her to review the time line of the project. Administrator Shehady reviewed the time line for the bond. Administration Administrator Shehady reviewed resolutions of the agenda for the regular meeting. He reviewed the Grants report and noted the contract with the Grant Writer was due to expired in the next week. He suggested they re-bid. Councilman Ballard said he would like to see the results of when they had brought in. Administrator Shehady said no grant awards had been received so far but noted several were pending. Councilmembers agreed that the process would take time. He asked the Fire Chief to come forward and review his experience with the Grants Consultant. Fire Chief

6 Chief Jensen said the consultant had assisted with three grant applications and noted one had been declined, one was still pending and one had been amended on the consultant s recommendation to increase the chances for success. He also asked for political support noting he understood it would increase the chances of getting an award. Councilman Ballard asked what the selection process was for the grants and the Administrator reviewed. Chief Jensen reviewed his October report for the Fire Department including an issue with their server. Mayor Menna asked if the false alarm ordinance was handled by the Chief or the Fire Marshal. Chief Jensen said the Fire Department would support the Fire Marshal s Office and supply data but the ordinance and enforcement was handled by that office. Councilman Whelan asked for an update on Chief DeFazio. Chief Jensen said he was making progress. Administration cont d Administrator Shehady reviewed the IT Report and said there would be a resolution to award a telephone/internet service contract at the next meeting. He reviewed the transition to GSuite which he said would result in a savings of $12,000 to $20,000. Councilman Zipprich asked if there would be new headsets issued. Administrator Shehady said there would be and noted there was MCIA funding available to cover the cost. Councilman Taylor asked if there would be VOIP backup. Administrator Shehady said there would be a telephone/internet service provider with Comcast as a backup. Councilman Taylor review issues that had come up during Hurricane Sandy. Administrator Shehady said there were still a few copper POTS lines for essential services. Councilman Ballard asked about using Go-to-meeting and conference calling. Administrator Shehady noted that GSuite was cloud-based and would be a big upgrade. Administrator Shehady reviewed the Affordable Housing Report. He said they had recently requested with report and it was the first time they had received one. He said the agency was fulfilling statutory duties. Administrator Shehady reviewed the Parking Study Consultant Report and noted the final report was due at the end of December. Administrator Shehady reviewed a proposed change to the Environmental Commission and asked for any questions or comments. Councilman Ballard said he had another question regarding the Grant Writer and asked if it would be put out to bid. Administrator Shehady said it would be. Councilman Ballard asked questions about details in the report. Fire Marshal Fire Marshal Welsh reviewed his October report and recent Fire Prevention activities. He noted the Code Enforcement Office would be reinstating the use of hangtags as a warning for violations rather than sending certified letters. He said it would save time and expense. Administrator Shehady also reviewed the benefits. Councilman Taylor noted the notices may go to the tenant rather than the property owner. Fire Marshal Welsh said any summonses issued would be mailed. A discussion followed on various notification issues. Administrator Shehady reviewed Code Enforcement Activity. Fire Marshal Welsh said the Department was looking as software to improve efficiency and reviewed changed that were needed for the Code Enforcement Ordinance. He said there would be a meeting of the Emergency Management Committee on November 29. Land Use Zoning Director Carter reviewed his October report and activities. He said a redevelopment designation would allow for the application for grants. Administrator Shehady asked Mr. Carter to also review his Developer Status Report. Councilman Ballard asked about the resolution to award a contract to CME Associates regarding affordable housing.

7 Administrator Shehady explained that the contract had previously been awarded and there was a need to extend it for the next step. Mayor Menna noted there was a new procedure to better define authorizations. Administrator Shehady said the firms would no longer had a blank check but would work under resolutions with spending limits, Administrator Shehady also reviewed a pending resolution regarding Clay Street access for testing purposes. He said he was still working with the Attorney to generate a draft. Building Construction Official Corcione reviewed his October report. Administrator Shehady noted that open permits had been an issue earlier in the year and said 845 had been closed to date. He said they were making headway and were budgeting for more part time inspectors to assist. He reviewed the benefits of getting them closed out. Finance CFO Poulos reviewed Ordinances and Resolutions on the upcoming agenda. She reviewed the three Bond ordinances: Capital Bond Ordinance needed for roads, parks and some facility improvements. Parking Bond Ordinance for work at English Plaza Water/Sewer Bond Ordinance work on White Street She said they were all together but were broken out in three ordinances to assign the bonding to the appropriate fund. She said they would also need a resolution to authorize CME to do work at White Street. She said there was an amendment to the Capital Budget which was a housekeeping issue. Administrator Shehady reviewed the Capital Budget process and need for the amendment. He also noted the Borough s Best Practices Survey score was 93 percent so no funding would be withheld. He also noted there were resolutions on the agenda to accept a resignation and acknowledge a retirement. Councilman Ballard revisited his question from the prior meeting about using smaller banks. Administrator Shehady noted that the Borough was realizing savings because the contracted bank was offering courier services. He said they may be able to use a local bank for a smaller account. He reviewed the benefits of using a single bank. CFO Poulos reviewed the grant resolution on the upcoming agenda. She reviewed her October Budget report and noted no transferred had been needed to date. A discussion followed on the budget and the budget process. Administrator Shehady reviewed the Tax Collector s report. Public Utilities Director Keen noted he would be needing a budget transfer. He reviewed his October report and noted the first water station had been installed. He said there were issues with property owners shoveling snow into the street and requested an ordinance amendment to ban that practice. Mayor Menna said they would discuss and review. Director Keen also discussed the need to draft an alternate side of the street parking ordinance to facilitate street sweeping but suggested it be implements in the spring. He also noted four-way stops had been installed in the two new locations. He recommended the temporary signage remain in place at Oakland and Pearl streets until the Count Basie project was completed. He said the well project was almost wrapped up. Councilman Ballard asked about the street sign replacement project. Director Keen said they were waiting on replacement equipment due to a company error. Senior Center Director Reynolds reviewed her October report and updated the Council on issues with the Center s bus. Administrator Shehady said they were looking to purchase a new bus in 2019 with MCIA funds but were seeking a sponsor to possibly replace it sooner. Police Administrator Shehady said the Police Chief had been unable to attend and noted he had submitted a monthly report. He said there was a need to replace a dispatcher due to turnover. A discussion followed on opportunities for dispatchers. Court Administrator Shehady said a part time violations clerk was being hired and noted there would be a resolution on

8 the upcoming agenda to memorialize that. Municipal Clerk Municipal Clerk Borghi reviewed her monthly report and went over the remaining meetings scheduled for She asked the Council to begin thinking about setting a date for the re-organization meeting. Mayor Menna said she should prepare a resolution setting the meeting for January 1 at 3pm. Clerk Borghi said she would be sending out a list of appointments due for renewal and vacancies that need be filled for the Council to consider. Public Comment Allison Gregory 109 Bank Street congratulated the newly elected Council members and said she would like to stay involved. No one else appearing, Councilman Zipprich offered a motion to close the audience portion, seconded by Councilman Whelan. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. EXECUTIVE SESSION Mayor Menna read a resolution to adjourn to executive session to discuss Contract Negotiation and Potential Litigation; no action to be taken. Councilman Zipprich offered a motion to adjourn to executive session, seconded by Councilman Whelan. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Councilwoman Horgan offered a motion to adjourn from executive session and resume regular business, seconded by Councilman Taylor. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Councilwoman Horgan offered a motion to adjourn the meeting, seconded by Councilman Taylor. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Respectfully submitted, Pamela Borghi

9 MINUTES REGULAR MEETING MUNICIPAL COUNCIL BOROUGH OF RED BANK November 7, :30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: ALSO PRESENT: SUNSHINE STATEMENT Mayor Menna and Council Members Taylor, Whelan, Yngstrom, Ballard, Zipprich, and Horgan. Administrator Shehady, Borough Clerk Borghi and Attorney Cannon. Mayor Menna requested the minutes reflect that, in compliance with Public Law 1975, Chapter 231 (Open Public Meetings Act), notice of this meeting has been provided by notifying the Asbury Park Press, the Two River Times and the Star Ledger and by placing a notice on the bulletin board and filing same with the Borough Clerk on January 1, WORKSHOP No Workshop items. APPROVAL OF MINUTES August 29, 2018 (Revision to correct typographical error) Councilwoman Horgan offered a motion to approve the minutes, seconded by Councilman Taylor. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. October 3, 2018 Workshop Meeting Councilman Zipprich offered a motion to approve the minutes, seconded by Councilwoman Horgan. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. October 10, 2018 Regular Meeting Councilman Ballard offered a motion to approve the minutes, seconded by Councilman Zipprich. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. October 24, 2018 Regular Meeting Councilman Ballard offered a motion to approve the minutes, seconded by Councilman Zipprich. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. MAYORAL APPOINTMENTS None. PUBLIC COMMENT Ordinances on First Reading and Resolutions Only Mayor Menna opened the public comment portion of the meeting and asked if anyone would like to speak. No one appearing, Councilwoman Horgan offered a motion to close the public comment portion, seconded by Councilman Whelan. ROLL CALL:

10 AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilmembers waived the reading of their committee reports. COMMUNICATIONS AND PETITIONS Mayor Menna read a request from Brendan Larkin for membership to the Navesink Hook and Ladder Company of the Red Bank Volunteer Fire Department. Councilman Whelan made a motion to approve the request, seconded by Councilman Yngstrom. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Mayor Menna read the following requests that had been recommended for approval by the Special Events Committee. (All approvals subject to final plan review by Special Events Committee.) Request from St. Anthony of Padua to hold Our Lady of Guadalupe Procession from the corner of Drs. James Parker Blvd./Shrewsbury Ave. to Bridge Avenue to St. Anthony Parish Center at 7pm on Wednesday, December 12, Request from Streetfairs.org to hold PBA Streetfair on Sunday, April 7, 2019 and RBFD Streetfair on Sunday, September I, Request for dates only, subject to final plan review. Councilman Zipprich made a motion to approve the request, seconded by Councilman Taylor. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. ORDINANCES First Reading Mayor Menna read, A Bond Ordinance Providing for the 2018 Capital Improvement Program by and in the Borough of Red Bank, in the Council of Monmouth, State of New Jersey; Appropriating $3,374,800 therefor and Authorizing the Issuance of $2,637,800 Bonds or Notes to Finance Part of the Cost thereof. Councilman Ballard offered a motion to approve the introduction of the ordinance, seconded by Councilman Zipprich. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Mayor Menna announced that the ordinance would be scheduled for a Public Hearing to be held November 28, 2018 at 6:30 pm Mayor Menna read, A Bond Ordinance Providing for Various Improvement by the Water/Sewer Utility of the Borough of Red Bank, in the County of Monmouth, State of New Jersey; Appropriating $1,450,000 therefor and Authorizing the Issuance of $1,450,000 Bonds or Notes to Finance the Cost thereof. Councilman Ballard offered a motion to approve the introduction of the ordinance, seconded by Councilman Zipprich. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Mayor Menna announced that the ordinance would be scheduled for a Public Hearing to be held November 28, 2018 at 6:30 pm

11 Mayor Menna read, A Bond Ordinance Providing for Various Improvements by the Parking Utility of the Borough of Red Bank, in the County of Monmouth, State of New Jersey; Appropriating $422,000 therefor and Authorizing the Issuance of $422,000 Bonds or Notes to Finance the Cost thereof. Councilman Ballard offered a motion to approve the introduction of the ordinance, seconded by Councilman Yngstrom. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Mayor Menna announced that the ordinance would be scheduled for a Public Hearing to be held November 28, 2018 at 6:30 pm ORDINANCES Public Hearing and Final Adoption Mayor Menna read, An Ordinance Amending and Supplementing Chapter 490, Planning and Development Regulations, Related to Commercial Recreational Uses. Mayor Menna said a recommendation for approval had been received from the Planning Board. Mayor Menna opened the public hearing and asked if anyone would like to speak. No one appearing, Councilman Whelan offered a motion to approve to close the public hearing, seconded by Councilman Zipprich. AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Councilman Yngstrom offered a motion to approve the adoption of the ordinance, seconded by Councilman Whelan. AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved Mayor Menna read, An Ordinance Adopting a Redevelopment Plan for the Property Identified on the Borough s Official Tax Map as Block 3, Lots 2.01, 4.01, 6, 7.01 AND Mayor Menna noted the Planning Board had not yet issued a recommendation and said the matter would be carried to the next meeting. Mayor Menna opened the public hearing and asked if anyone would like to speak. No one appearing, Councilman Zipprich offered a motion to approve to carry the public hearing to November 28, 2018, seconded by Councilman Yngstrom. AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Councilman Zipprich offered a motion to table the ordinance to the meeting of November 28, 2018, seconded by Councilman Yngstrom. AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved Mayor Menna read, An Ordinance to Amend Chapter 105, Personnel Polices, of the Code of the Borough of Red Bank. Mayor Menna opened the public hearing and asked if anyone would like to speak. No one appearing, Councilman Zipprich offered a motion to approve to close the public hearing, seconded by Councilwoman Horgan. AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Councilman Taylor offered a motion to approve the adoption of the ordinance, seconded by Councilman Whelan.

12 AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. RESOLUTIONS Mayor Menna read the following resolutions and called for a motion to approve en masse A Resolution Adopting Amended Borough of Red Bank Personnel Policies and Procedures Manual A Resolution of the Borough of Red Bank, County of Monmouth, Amending the Adopted Capital Budget A Resolution Authorizing Award of Banking Services to Valley National Bank A Resolution Acknowledging Receipt of Best Practices Inventory as Prepared by the Chief Financial Officer A Resolution to Establish a Fair and Open Process for Awarding Certain Contracts for the 2019 Calendar Year A Resolution Approving Modification of Sewer Utility Billing to Riverside Tower Apartment Corporation, Block 7, Lot A Resolution Awarding a Professional Services Contract to T&M Associates for Engineering Services for the Locust Place Emergency Access Roadway A Resolution Authorizing the Borough Engineer to Perform Additional Affordable Housing Planning Services to Assist the Borough in the Court-Mandated Compliance Process A Resolution Authorizing Tax Appeal Settlement Regarding Biondolillo, 333 Broad Street, Block 115, Lot 22, Red Bank, New Jersey A Resolution Authorizing CFO to Conduct Financial Matters between Last Meeting of 2018 and First Regular Meeting of A Resolution to approve the Submission of a Grant Application and Authorization to Execute a Grant Contract with the New Jersey Department of Transportation regarding the RED BANK BIKE LOOP PROJECT (PHASE 1). (Replaces Resolution ) A Resolution to Approve the Submission of a Grant Application and Execute a Grant Contract with the New Jersey Department of Transportation regarding the BROAD STREET RESURFACING project. (Replaces Resolution ) A Resolution to Approve the Submission of a Grant Application and Execute a Grant Contract with the New Jersey Department of Transportation regarding the RED BANK STATION PEDESTRIAN IMPROVEMENT project. (Replaces Resolution ) A Resolution Approving Grant Agreement between the Borough of Red Bank and the State of New Jersey Department of Environmental Protection for NJUCF Stewardship Grant Reforestation and Tree Planting A Resolution Requesting Approval of Special Items of Revenue and Appropriation According to N.J.S.A. 40A:4-87 $30,000 NJUCF Stewardship Reforestation and Tree Planting Grant from the NJDEP Urban and Community Forestry Program (CSIP) A Resolution Requesting Approval of Special Item of Revenue and Appropriation According to N.J.S.A. 40A:4-87 Drunk Driving Enforcement, in the amount of $7, A Resolution to Cancel Grant Receivable Balance and Appropriation Reserve Balance in the Amount of $7,380 Pedestrian Safety Grant Resolution to accept resignation of Tax Assessor Field Inspector Resolution to accept notice of retirement of Bookkeeper Barbara Nussbaum A Resolution Ratifying and Confirming the Appointment of a Part-Time Violations Clerk A Resolution Authorizing Purchase of a Bobcat All-Wheel Steer Loader under a New Jersey Cooperative Purchase Agreement. Councilman Whelan offered a motion to approve the resolutions, seconded by Councilman Zipprich. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None

13 There being six ayes and no nays, the motion was declared approved. PAYMENT OF VOUCHERS Mayor Menna read, A Resolution for Payment of Bills Amounting to $1,036, Councilman Ballard offered a motion to approve the resolution, seconded by Councilman Zipprich. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. PROCLAMATIONS None. OLD BUSINESS None. NEW BUSINESS Councilman Zipprich congratulated the newly elected Council members. He offered best wishes to Councilmen Taylor and Whelan on their retirement and thanked them for their service. Councilman Taylor and Council Whelan also each congratulated the newly elected Council members. AUDIENCE Suzanne Viscomi 25 Cedar Street said she was in favor of using hang tags for Code Enforcement notices as had been reported in the earlier Workshop meeting. She suggested they include a phone number and asked if they would be available in Spanish. Mayor Menna said he thought they would be bi-lingual. Ms. Viscomi asked how may water meters still needed to be changed. She also asked how long residents in the East Bergen construction area would be without water. Administrator Shehady said he did not have exact number on the remaining meters but estimated up to 40 more had been replaced. He said the larger meters were the issue. He also said the Engineer would notify any affected residents in the construction area and loss of service would be minimized. Cindy Burnham 71 Wallace Street asked about the recently installed water station and asked what grant had funded the project. She said she wanted to know if it was a matching grant. Administrator Shehady said it was not a matching grant and said it had been received from Sustainable Jersey through funds received from PSE&G. Allison Gregory 109 Bank Street said the basketball court on Tilton Avenue was in need of repairs. She said she was not sure if it was under the jurisdiction of the Borough or the Housing Authority. Mayor Menna said it was under the jurisdiction of the Housing Authority and also noted he had brought it to the attention of the Director. He said they were addressing various issues and continuing discussions. No one else appearing, Councilman Zipprich offered a motion to close the public comment portion, seconded by Councilwoman Horgan. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. EXECUTIVE SESSION None. ADJOURNMENT Councilman Zipprich offered a motion to adjourn the meeting, seconded by Councilwoman Horgan. ROLL CALL: AYES: NAYS: Taylor, Whelan, Yngstrom, Ballard, Zipprich, Horgan None There being six ayes and no nays, the motion was declared approved. Respectfully submitted, Pamela Borghi

14 ORDINANCE NO ORDINANCE OF THE BOROUGH OF RED BANK, COUNTY OF MONMOUTH, NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 85 MAYOR AND COUNCIL, ARTICLE IV: COMMITTEES SECTIONS 85-8 DUTIES OF STANDING COMMITTEES OF COUNCIL offered the following ordinance and moved its introduction on first reading: WHEREAS, the Mayor and Council of the Borough of Red Bank believe that the liaison to the Environmental Commission should not be part of the duties of the Code Enforcement, Environmental Control, Health, Welfare and Building Codes Committee but should be independently appointed; NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Red Bank that Chapter 85 Mayor and Council of the Revised General Ordinances of the Borough of Red Bank, Monmouth County, Article IV: Committees is hereby amended and supplemented as follows: SECTION ONE: Subsection 85-8 is hereby amended and supplemented as follows (stricken text denotes deletions, underlined text denote additions): Article IV COMMITTEES Duties of standing committees of Council. A. through D. [Unchanged] E. Code Enforcement, Environmental Control, Health, Welfare and Building Codes Committees. The Code Enforcement, Environmental Control, Health, Welfare and Building Codes Committees shall have primary responsibility for the following described activities and matters: (1) Welfare and poor relief activities. (2) Public health nursing. (3) Air, water and other environmental pollution. (4) Liaison between the Council and the Environmental Commission. (5) (4) The Construction Official and his office. (6) (5) Code enforcement. F. [Unchanged] SECTION TWO: Any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. All other provisions of the Revised General Ordinances are ratified and remain in full force and effect. SECTION THREE: If any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. SECTION FOUR: This Ordinance shall take effect immediately upon its passage and adoption according to law.

15 Seconded by and introduced on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

16 ORDINANCE NO ORDINANCE AMENDING CHAPTER 680, "VEHICLES AND TRAFFIC", SUBSECTION , "SCHEDULE XXVI: RESTRICTED PARKING FOR HANDICAPPED PERSONS" OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RED BANK offered the following ordinance and moved its introduction: WHEREAS, certain residents of the Borough have requested handicapped parking spaces in the vicinity of their homes to accommodate their handicaps; and WHEREAS, the Police Department has investigated these requests and has recommended that the handicapped parking restrictions be established; NOW THEREFORE BE IT ORDAINED by the Governing Body of the Borough of Red Bank that Chapter 680, Vehicles and Traffic, Subsection , Schedule XXVI: Restricted Parking for Handicapped Persons, is amended and supplemented as follows: SECTION ONE: Subsection C Public Streets is amended and supplemented to add the following parking space(s) located on a public street: The following location is hereby designated as a restricted parking spaces for use by persons who have been issued special vehicle identification cards by the New Jersey Motor Vehicle Commission. Only the following New Jersey handicap license placard: P may park in this designated parking space. No other persons shall be permitted to park in this place. This ordinance shall remain in effect only as long as the aforementioned handicap license placard is valid. Name of Street Side Location Washington St (P ) West Beginning at a point 116 feet north of the northwest intersection of Washington Street and Linden Place continuing north for a distance of 22 Feet. This space is located on the roadway across from the residence commonly known as 85 Washington St. SECTION TWO: Any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. All other provisions of the traffic ordinance are ratified and remain in full force and effect. SECTION THREE: If any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. SECTION FOUR: This Ordinance shall take effect immediately upon its passage and adoption according to law. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

17 ORDINANCE NO ORDINANCE OF THE BOROUGH OF RED BANK, COUNTY OF MONMOUTH, NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 490, PLANNING AND DEVELOPMENT REGULATIONS, RELATING TO SIGNS offered the following ordinance and moved its introduction on first reading: WHEREAS, the Borough of Red Bank s current sign regulations consist of approximately thirty (30) pages of the Borough Code book, broken downs as 12 pages of the written sign ordinance text, two pages of charts, 13 pages of attachments and a total of about 3 pages of code book text within various zone districts; and, WHEREAS, the Borough s Governing Body desires to simplify and shorten the sign regulations to make them easier to understand and regulate; and, WHEREAS, a significant portion of the Borough s sign regulations and options are rarely, if ever, utilized rendering them essentially useless; and, WHEREAS, eliminating these unneeded and unused regulations will shorten and be a step towards simplifying the sign regulations; and, WHEREAS, the following proposed amendments to the sign ordinance, by eliminating unused sections, shortens the sign ordinance from approximately 30 pages to approximately 19 pages; WHEREAS, the Borough also seeks to ease and simplify the rules pertaining to sign shape, minimum letter sizes, holiday signs and the size of projecting signs. NOW THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Red Bank that Chapter 490 of the Revised General Ordinances of the Borough of Red Bank, Monmouth County is hereby amended and supplemented as follows: SECTION Planning and Development Regulations, is hereby amended as follows: Delete the following: 490 Attachment I, Schedule A Sign Regulations, delete under sign face configuration the entire column titled Required Shape; and, 490 Attachment I, Schedule A Sign Regulations, delete under sign type the entire rows beginning with G1, G-C1, G-C2, G-C3, W-C1, W-C2, P-C1 & R-C1; and, 490 Attachment I, Schedule A Sign Regulations, delete the column Minimum Letter Height, and, 490 Attachment I, Schedule A Sign Regulations, delete under NOTES the following notes; 1, 2, 3 & 4; and, 490 Attachment I, Schedule A Sign Regulations, delete the required height and length and increase the permitted area to 6 s.f. for sign type P Attachment 2, Schedule A Sign Types, delete the following figures; VIII-8A, VIII-8I, VIII-8J, VIII-8K, VIII-8L & VIII8; and D(3)(c); and, C(3)(b) delete reference to G1 ; and, D(7); and, D(4); and, D(4); and, D(7); and, D(5); and, D(4); and, D(2); and, D(6); and, D(7). Page1 Draft: March 7, 2017

18 Amend the following: Replace B Application Procedures with; Application shall be made to the administrative officer for the issuance of a development permit by any person wishing to erect, alter, modify or expand any sign, except minor signs as described in Section D(1) of this section. The development permit shall be decided and acted upon in accordance with this Chapter and the Municipal Land Use Law. Sections (b), (c) and (2) are to be deleted in their entirety C(8) Signs in right-of-way. No sign or any part of a sign, except Type J or U approved projecting signs and/or sidewalk signs or publicly owned or authorized signs, shall be placed or extend into or over any public right-of-way D(1)(e). Non-illuminated window signs visible in windows of business uses abutting a public roadway or parking facility, provided that the total graphic content coverage area of a window sign shall not exceed 20% of the area of the window in which it is exhibited, and the aggregate area of all window sings shall not exceed 15% of the total window area of all windows containing any signs; provided, however, that a minimum of 20 square feet of window signs will be permitted regardless of window area covered D(4) replace with; Signs not permitted or failing to conform to sign standards shall require Planning Board or Zoning Board approval as determined by the Administrative Officer D(1)(r) replace with; Special sales signs, meeting the restrictions of Subsection E(2)(a)(1) and (2) of this section, displayed not more than three days prior nor three days after any Federally designated holiday. Add the following: C(20). Letter Height. All signs shall have a minimum 2 letter height. SECTION 2: A copy of this Ordinance, upon introduction, shall be provided to all appropriate municipal agencies, including the Planning Board, for their review and comment pursuant to applicable New Jersey Statutes. SECTION 3: Any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. All other provisions of the Revised General Ordinances are ratified and remain in full force and effect. SECTION 4: If any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. SECTION 5: This Ordinance shall take effect immediately upon its passage and adoption according to law. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018 Page2 Draft: March 7, 2017

19 ORDINANCE NO ORDINANCE OF THE BOROUGH OF RED BANK, COUNTY OF MONMOUTH, STATE OF NEW JERSEY AMENDING BOROUGH CODE CHAPTER 490: PLANNING AND DEVELOPMENT REGULATIONS TO MODIFY STANDARD OF MEASUREMENT FOR NEW TREES AND TO CLARIFY STANDARD OF MEASUREMENT FOR EXISTING TREES offered the following ordinance and moved for its introduction: BE IT ORDAINED by the Governing Body of the Borough of Red Bank, County of Monmouth, State of New Jersey, that Chapter 490: Planning and Development Regulations and Chapter 665: Trees of the Borough s Revised General Ordinances are amended and supplemented as follows (stricken text indicates deletions, underlined text indicates additions): (B)(8) The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof; any specimen trees 12 inches DBHin diameter (measured 4.5 feet above ground level) or larger on the site (B)(26) If the Borough Engineer, Planning Board or Board of Adjustment, or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following: (a) (b) (c) (d) Living deciduous trees having a trunk of six inches diameter or more at breast height (measured 4.5 feet above ground level). All living coniferous trees having a trunk of six inches diameter or more diameter at breast height (measured 4.5 feet above ground level). All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height (measured 4.5 feet above ground level). All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level (B)(31) If the Borough Engineer, Planning Board or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the site, it may be required that the location, caliper and type be shown on the plat for the following: (a) (b) (c) (d) Living deciduous trees having a trunk of six inches diameter or more at breast height (measured 4.5 feet above ground level). All living coniferous trees having a trunk of six inches diameter or more diameter at breast height (measured 4.5 feet above ground level). All living dogwood (Cornus florida) or American holly (opaca) trees having a trunk of one inch or greater diameter at breast height (measured 4.5 feet above ground level). All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level (B)(13) Where required by the Planning Board or Board of Adjustment or Environmental Commission, the location, caliper and type of all: (a) (b) Living deciduous trees having a trunk of six inches diameter or more at breast height (measured 4.5 feet above ground level). All living coniferous trees having a trunk of six of six inches diameter or more diameter at breast height (measured 4.5 feet

20 above ground level). (c) (d) All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height (measured 4.5 feet above ground level). All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level (C)(8) Trees shall be planted with a minimum diameter of two inches at breast height caliper of three inches (I)(2)(d) Notwithstanding the use of maintenance-free materials, there shall be provided at least one deciduous tree two inches in diameter at breast height at least three inches in caliper every 40 feet, or part thereof, on all for plantings if necessary for traffic safety. The area between trees shall be planted with a minimum of three evergreen-type shrubs. The portions of the safety island within 25 feet of any access drive or street intersection shall be planted with evergreen shrubs less than 30 inches in height. Alternate or additional plantings may be permitted by the municipal agency in accordance with an approved site plan (L)(3) Unless otherwise approved by the municipal agency, they shall be planted with deciduous trees of two-inch diameter at breast height at least three inches in caliper with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in accordance with the appropriate requirements of of this chapter. The area between trees shall be planted with a minimum of three evergreen-type shrubs. BE IT FURTHER ORDAINED that a copy of this Ordinance, upon introduction, shall be provided to all appropriate municipal agencies for their review and comment. BE IT FURTHER ORDAINED that any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. All other provisions of the Revised General Ordinances are ratified and remain in full force and effect. BE IT FURTHER ORDAINED that, if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. BE IT FURTHER ORDAINED that this Ordinance shall take effect immediately upon its passage and adoption according to law. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

21 ORDINANCE NO AN ORDINANCE OF THE BOROUGH OF RED BANK, COUNTY OF MONMOUTH, NEW JERSEY ADOPTING A REDEVELOPMENT PLAN FOR THE PROPERTY IDENTIFIED ON THE BOROUGH S OFFICIAL TAX MAP AS BLOCK 3, LOTS 2.01, 4.01, 6, 7.01 AND 9.01 offered the following ordinance and moved for its adoption: WHEREAS, on May 10, 2017 the Borough Council of the Borough of Red Bank (the Borough Council ) previously adopted Resolution No directing the Planning Board of the Borough of Red Bank (the Planning Board ) to undertake a preliminary investigation to determine whether those parcels identified on the Borough s tax map as Block 3, Lots 2.01, 4.01, 6, 7.01 and 9.01 (the Study Area ), met the statutory criteria to be designated as an Area in Need of Rehabilitation pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-3 et seq. (the LRHL ); and WHEREAS, the Planning Board held a public hearing on July 17, 2017 regarding the preliminary investigation of the property and were found to meet the standard for an area in need of rehabilitation designation and subsequently adopted a resolution recommending that the Borough Council designate the Study Area as an Area in Need of Rehabilitation pursuant to the LRHL; and WHEREAS, the Borough Council subsequently adopted Resolution No on July 26, 2017, designating the Study Area as an Area in Need of Rehabilitation in accordance with the Planning Board s recommendation and the LRHL; and WHEREAS, CME Associates prepared the Redevelopment Plan providing the development standards for the Study Area; and WHEREAS, pursuant to the LRHL, the Planning Board must review the Redevelopment Plan and transmit its recommendations relating to the Redevelopment Plan to the Borough Council in accordance with the provisions of N.J.S.A. 40A:12A-7(e) of the LRHL; and WHEREAS, on October 10, 2018 the Borough Council adopted a resolution directing the Planning Board to review the Redevelopment Plan and transmit its recommendations relating to the Redevelopment Plan to the Borough Council in accordance with the LRHL; and WHEREAS, the Borough Council has determined to adopt the Redevelopment Plan (in the form attached hereto as Exhibit A), to ensure the success of redevelopment within the Study Area in conformity with the Borough s redevelopment objectives; and WHEREAS, subject to receipt of the Planning Board s recommendations concerning the Redevelopment Plan, the Borough Council believes that the adoption of the Redevelopment Plan is in the best interests of the Borough and the development of the Study Area. NOW, THEREFORE, BE IT ORDAINED by the governing body of the Borough of Red Bank, County of Monmouth, State of New Jersey as follows: 1. The aforementioned recitals are incorporated herein as though fully set forth at length. 2. Pursuant to N.J.S.A. 40A:12A-7(e), the Borough Council hereby refers the Redevelopment Plan, as described on Exhibit A attached hereto, to the Planning Board for review and recommendation. The Planning Board shall prepare a report regarding its recommendations as to the aforementioned Redevelopment Plan, and submit same to the Borough Council within 45 days after referral, as required by the LRHL :

22 3. Contingent upon the receipt of the Planning Board s recommendations, the Borough Council hereby adopts the Redevelopment Plan, pursuant to the terms of N.J.S.A. 40A:12A-7 of the Redevelopment Law. 4. The zoning ordinances of the Borough are hereby amended to include the amendments indicated in the Redevelopment Plan and the provisions therein. 5. In case any one or more of the provisions of this Ordinance or the Redevelopment Plan shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance or the Redevelopment Plan and this Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein. 6. This Ordinance shall take effect upon final adoption and publication thereof according to law. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018 ADOPTED ON FIRST READING DATED: October 10, 2018 PAMELA BORGHI Borough Clerk ADOPTED ON SECOND READING DATED: November, 2018 PAMELA BORGHI Borough Clerk APPROVAL BY THE MAYOR ON THIS DAY OF, 2018 PASQUALE MENNA, MAYOR BOROUGH OF RED BANK :

23 BOROUGH OF RED BANK MONMOUTH COUNTY, NEW JERSEY ORDINANCE NUMBER BOND ORDINANCE PROVIDING FOR THE 2018 CAPITAL IMPROVEMENT PROGRAM BY AND IN THE BOROUGH OF RED BANK, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY; APPROPRIATING $3,374,800 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,637,800 BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF offered a motion to adopt the following ordinance: BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF RED BANK, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: SECTION 1. The improvements described in Section 3 of this bond ordinance are hereby authorized to be undertaken by the Borough of Red Bank, in the County of Monmouth, State of New Jersey (the "Borough") as general improvements. For the said improvements stated in Section 3, there is hereby appropriated the aggregate sum of $3,374,800, which sum includes $132,000 as the aggregate amount of down payments for said improvements required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (the Local Bond Law ), and now available therefor by virtue of provisions in a previously adopted budget or budgets of the Borough for down payment or for capital improvement purposes and New Jersey Department of Transportation Grants in the amount of $605,000 (the DOT Grants ). SECTION 2. For the financing of said improvements or purposes described in Section 3 hereof, and to meet the part of the $3,374,800 appropriation not provided for by said down payment, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $2,637,800 pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in a principal amount not exceeding $2,637,800 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law. SECTION 3. The improvements and purposes hereby authorized and purposes for the financing of which said debt obligations are to be issued are as follows: Description Total Appropriation Debt Authorization Down Payment Useful Life A. Park Improvements Improvements to various parks, including, but not limited to, Mohawk Pond, Count Basie Park, Riverside Gardens, Count Basie Field Track and Marine Park; $1,036,000 $986,600 $49, years B. Street Projects Improvements to various roadways, including, but not limited to, Pearl Street, McLaren Street, Tilton Avenue, Grant Avenue, White Street and concrete apron improvements to the Mechanic Street Firehouse, and such other roadways all as on file with the Borough Clerk, such roadway improvements and downtown traffic # ( ) $2,238,800 (including $605,000 in NJDOT Grants) -1- $1,556,000 $77, years

24 Description circulation/parking assessment shall include, but are not limited to, as applicable, milling, construction, reconstruction, repairing and resurfacing of said roadways, drainage improvements, inlet, manhole and water valve replacements to said roadways and, as applicable, the restoration or construction of or improvements to curbs, sidewalks, traffic line striping, driveway aprons or barrierfree ramps along such roadways and the acquisition and installation of traffic signals, signage, lighting and bicycle corrals, as required, throughout the Borough; and Total Appropriation Debt Authorization Down Payment Useful Life C. Property Improvements Improvements/upgrades to various municipal buildings, including, but not limited to, the Department of Public Works Facility, the Municipal Building and the Senior Center. $100,000 $95,200 $4, years Grand Total: $3,374,800 $2,637,800 $132,000 The appropriations set forth above also include all work, materials, appurtenances and equipment necessary for or incidental thereto. a. The aggregate estimated maximum amount of bonds or notes to be issued for said improvements or purposes is $2,637,800. b The aggregate estimated cost of said improvements and purposes is $3,374,800. SECTION 4. In the event the United States of America, the State of New Jersey, and/or the County of Monmouth make a loan, contribution or grant-in-aid to the Borough (excluding the DOT Grants) for the improvements authorized hereby and the same shall be received by the Borough prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/or the County of Monmouth. In the event, however, that any amount so loaned, contributed or granted by the United States of America, the State of New Jersey, and/or the County of Monmouth shall be received by the Borough after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. This Section 4 shall not apply however, with respect to any contribution or grant in aid received by the Borough as a result of using such funds from this bond ordinance as matching local funds to receive such contribution or grant in aid. SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Borough, provided that no note shall mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer of the Borough shall determine all matters in connection with the notes issued pursuant to this bond ordinance, and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed # ( ) -2-

25 from time to time in accordance with the provisions of Section 8.1 of the Local Bond Law. 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 purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon 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 the notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate, and the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 6. The capital budget of the Borough is hereby amended to conform with the provisions of this bond ordinance, and to the extent of any inconsistency herewith, a resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs will be on file in the office of the Clerk of the Borough and will be available for public inspection. SECTION 7. The following additional matters are hereby determined, declared, recited and stated: a. The purposes described in Section 3 of this bond ordinance are not current expenses and are improvements which the Borough 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 said purposes within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is years. c. The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the Borough and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, and such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $2,637,800 and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. d. An aggregate amount not exceeding $500,000 for items of expense listed in and permitted under Section 40A:2-20 of the Local Bond Law is included in the estimated cost indicated herein for the improvements hereinbefore described. SECTION 8. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the debt obligations authorized by this bond ordinance. The debt obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the debt obligations and the interest thereon without limitation as to rate or amount. SECTION 9. The Borough reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the Borough's official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations Section No reimbursement # ( ) -3-

26 allocation will employ an "abusive arbitrage device" under Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986, as amended (the Code ). The proceeds of any bonds or notes authorized by this bond ordinance used to reimburse the Borough for costs of the improvements or purposes described in Section 3 hereof, or funds corresponding to such amounts, will not be used in a manner that results in the creation of "replacement proceeds", including "sinking funds", "pledged funds" or funds subject to a "negative pledge" (as such terms are defined in Treasury Regulations ), of any bonds or notes authorized by this bond ordinance or another issue of debt obligations of the Borough, other than amounts deposited into a "bona fide debt service fund" (as defined in Treasury Regulations ). The bonds or notes authorized herein to reimburse the Borough for any expenditures toward the costs of the improvements or purposes described in Section 3 hereof will be issued in an amount not to exceed $2,637,800. The costs to be reimbursed with the proceeds of the bonds or notes authorized herein will be "capital expenditures" in accordance with the meaning of Section 150 of the Code. All reimbursement allocations will occur not later than 18 months after the later of (i) the date the expenditure from a source other than any bonds or notes authorized by this bond ordinance is paid, or (ii) the date the improvements or purposes described in Section 3 hereof is "placed in service" (within the meaning of Treasury Regulations ) or abandoned, but in no event more than 3 years after the expenditure is paid. SECTION 10. The Borough covenants to maintain the exclusion from gross income under section 103(a) of the Code, of the interest on all bonds and notes issued under this ordinance. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018 # ( ) -4-

27 BOROUGH OF RED BANK MONMOUTH COUNTY, NEW JERSEY ORDINANCE NUMBER BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS BY THE WATER/SEWER UTILITY OF THE BOROUGH OF RED BANK, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY; APPROPRIATING $1,450,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,450,000 BONDS OR NOTES TO FINANCE THE COST THEREOF offered a motion to adopt the following ordinance: BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF RED BANK, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than twothirds of all members thereof affirmatively concurring) AS FOLLOWS: SECTION 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized to be undertaken by the Borough of Red Bank, in the County of Monmouth, State of New Jersey (the Borough ) as general improvements. For the said improvements or purposes stated in Section 3 hereof, there is hereby appropriated the principal amount of $1,450,000, said sum being inclusive of all appropriations heretofore made therefor. Pursuant to the provisions of N.J.S.A. 40A:2-11(c) of the Local Bond Law, N.J.S.A. 40A:2-1 et seq., as amended and supplemented (the Local Bond Law ), no down payment is required as this bond ordinance authorizes obligations for environmental infrastructure projects which are funded by a loan from the New Jersey Infrastructure Bank (the I-Bank ). Additionally, pursuant to the provisions of N.J.S.A. 40A:2-7(h) and 40A:2-11(c) of the Local Bond Law, no down payment is required as the Water/Sewer Utility is self-liquidating. SECTION 2. For the financing of said improvements described in Section 3 hereof, negotiable bonds of the Borough are hereby authorized to be issued in the aggregate principal amount of $1,450,000 pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in an aggregate principal amount not exceeding $1,450,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law. SECTION 3. (a) The improvements hereby authorized and the purposes for the financing of which said obligations are to be issued are for various water/sewer improvements at various locations throughout the Borough, including but not limited to, the identification and exercising of water valves, design and construction of new/replacement water/sewer infrastructure on White Street and water and sewer lining. Such improvements or purposes shall also include, but are not limited to, as required, removal and replacement of, as applicable, sidewalks, concrete curbing, curb ramps, driveway aprons, regrading, landscaping, excavation, pavement striping, installation of traffic calming devices, resetting manholes and inlets, and various other curb, sidewalk and parking lot maintenance. (b) The above improvements and purposes set forth in Section 3(a) shall also include the following, as applicable, all engineering and design work, surveying, construction planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, and all work, materials, equipment, labor and appurtenances necessary therefor or incidental thereto. -1- # ( )

28 (c) The estimated maximum amount of bonds or notes to be issued for said improvements or purposes is $1,450,000. (d) The estimated cost of said improvements or purposes is $1,450,000. SECTION 4. In the event the United States of America, the State of New Jersey, and/or the County of Monmouth make a contribution or grant in aid to the Borough for the improvements and purposes authorized in Section 3 hereof, and the same shall be received by the Borough prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, the State of New Jersey, and/or the County of Monmouth. In the event that any amount so contributed or granted by the United States of America, the State of New Jersey and/or the County of Monmouth shall be received by the Borough after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Borough, provided that no note shall mature later than one (1) year from its date, unless such notes are permitted to mature at such later date in accordance with the provisions of the New Jersey Infrastructure Trust Act, N.J.S.A. 58:11B-1 (the NJIT Act ). The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer of the Borough shall determine all matters in connection with the notes issued pursuant to this bond ordinance and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of the Local Bond Law, and, as applicable, the provisions of the NJIT Act. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at a public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon 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 the notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate, the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 6. The Capital Budget of the is hereby amended, as necessary, to conform with the provisions of this bond ordinance and to the extent of any inconsistency herewith, a 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, New Jersey Department of Community Affairs, will be on file in the office of the Clerk and will be available for public inspection. SECTION 7. The following additional matters are hereby determined, declared, recited and stated: (a) The purposes described in Section 3 of this bond ordinance are not current expenses and are improvements which the Borough 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 period of usefulness of said improvements or purposes within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 20 years. -2- # ( )

29 (c) The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the Borough and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services in the New Jersey Department of Community Affairs, and such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $1,450,000, but such amount shall constitute a deduction from gross debt to the extent permitted by law, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. (d) An aggregate amount not exceeding $400,000 for items of expense listed in and permitted under Section 40A:2-20 of the Local Bond Law is included in the estimated cost indicated herein for the purposes or improvements hereinbefore described. SECTION 8. Unless paid from other sources, the full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. Unless paid from other sources, the obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the obligations and the interest thereon without limitation as to rate or amount. SECTION 9. The Borough reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the Borough's official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations No reimbursement allocation will employ an abusive arbitrage device under Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986, as amended (the Code ). The proceeds of any bonds or notes authorized herein used to reimburse the Borough for costs of the improvements or purposes described in Section 3 hereof, or funds corresponding to such amounts, will not be used in a manner that results in the creation of replacement proceeds, including sinking funds, pledged funds or funds subject to a negative pledge (as such terms are defined in Treasury Regulations ), of any bonds or notes authorized herein or another issue of debt obligations of the Borough other than amounts deposited into a bona fide debt service fund (as defined in Treasury Regulations ). The bonds or notes authorized herein to reimburse the Borough for any expenditures toward the costs of the improvements or purposes described in Section 3 hereof will be issued in an amount not to exceed $1,450,000. The costs to be reimbursed with the proceeds of the bonds or notes authorized herein will be "capital expenditures" in accordance with the meaning of section 150 of the Code. All reimbursement allocations will occur not later than eighteen (18) months after the later of (i) the date the expenditure from a source other than any bonds or notes authorized herein is paid, or (ii) the date the improvements or purposes described in Section 3 hereof is placed in service (within the meaning of Treasury Regulations ) or abandoned, but in no event more than three (3) years after the expenditure is paid. SECTION 10. The Borough covenants to maintain the exclusion from gross income under Section 103(a) of the Code the interest on all bonds and notes issued under this bond ordinance. -3- # ( )

30 SECTION 11. This bond ordinance shall take effect twenty (20) days after the first publication hereof after final adoption, and approval by the Mayor, as provided by the Local Bond Law. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 7, # ( )

31 BOROUGH OF RED BANK MONMOUTH COUNTY, NEW JERSEY ORDINANCE NUMBER BOND ORDINANCE PROVIDING FOR VARIOUS IMPROVEMENTS BY THE PARKING UTILITY OF THE BOROUGH OF RED BANK, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY; APPROPRIATING $422,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $422,000 BONDS OR NOTES TO FINANCE THE COST THEREOF offered a motion to adopted the following ordinance: BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF RED BANK, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than twothirds of all members thereof affirmatively concurring) AS FOLLOWS: SECTION 1. The improvements or purposes described in Section 3 of this bond ordinance are hereby authorized to be undertaken by the Borough of Red Bank, in the County of Monmouth, State of New Jersey (the Borough ) as general improvements. For the said improvements or purposes stated in Section 3 hereof, there is hereby appropriated the principal amount of $422,000, said sum being inclusive of all appropriations heretofore made therefor. Pursuant to the provisions of N.J.S.A. 40A:2-7(h) and 40A:2-11(c) of the Local Bond Law, N.J.S.A. 40A:2-1 et seq. (the Local Bond Law ), no down payment is required as the Parking Utility is self-liquidating. SECTION 2. For the financing of said improvements described in Section 3 hereof, negotiable bonds of the Borough are hereby authorized to be issued in the aggregate principal amount of $422,000 pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable notes of the Borough in an aggregate principal amount not exceeding $422,000 are hereby authorized to be issued pursuant to and within the limitations prescribed by said Local Bond Law. SECTION 3. (a) The improvements hereby authorized and the purposes for the financing of which said obligations are to be issued are for various parking lot improvements at English Plaza, including but not limited to, parking surface reconstruction and repaving. Such improvements or purposes shall also include, but are not limited to, as required, removal and replacement of, as applicable, sidewalks, concrete curbing, curb ramps, driveway aprons, regrading, landscaping, excavation, pavement striping, installation of traffic calming devices, resetting manholes and inlets, and various other curb, sidewalk and parking lot maintenance. (b) The above improvements and purposes set forth in Section 3(a) shall also include the following, as applicable, all engineering and design work, surveying, construction planning, preparation of plans and specifications, permits, bid documents, construction inspection and contract administration, and all work, materials, equipment, labor and appurtenances necessary therefor or incidental thereto. (c) The estimated maximum amount of bonds or notes to be issued for said improvements or purposes is $422,000. (d) The estimated cost of said improvements or purposes is $422,000. SECTION 4. In the event the United States of America, the State of New Jersey, and/or the County of Monmouth make a contribution or grant in aid to the Borough for the improvements and purposes authorized in Section 3 hereof, and the same shall be received by the Borough prior to the issuance of the bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall be reduced by the amount so received from the United States of America, -1- # ( )

32 the State of New Jersey, and/or the County of Monmouth. In the event that any amount so contributed or granted by the United States of America, the State of New Jersey and/or the County of Monmouth shall be received by the Borough after the issuance of the bonds or notes authorized in Section 2 hereof, then such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no other purpose. SECTION 5. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Borough, provided that no note shall mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer of the Borough shall determine all matters in connection with the notes issued pursuant to this bond ordinance and the signature of the Chief Financial Officer upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time in accordance with the provisions of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the notes from time to time at a public or private sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and accrued interest thereon 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 the notes pursuant to this bond ordinance is made. Such report must include the principal amount, the description, the interest rate, the maturity schedule of the notes so sold, the price obtained and the name of the purchaser. SECTION 6. The Capital Budget of the Borough is hereby amended, as necessary, to conform with the provisions of this bond ordinance and to the extent of any inconsistency herewith, a 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, New Jersey Department of Community Affairs, will be on file in the office of the Clerk and will be available for public inspection. SECTION 7. The following additional matters are hereby determined, declared, recited and stated: (a) The purposes described in Section 3 of this bond ordinance are not current expenses and are improvements which the Borough 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 period of usefulness of said improvements or purposes within the limitations of said Local Bond Law, according to the reasonable life thereof computed from the date of the said bonds authorized by this bond ordinance, is 20 years. (c) The supplemental debt statement required by the Local Bond Law has been duly made and filed in the Office of the Clerk of the Borough and a complete executed duplicate thereof has been filed in the Office of the Director of the Division of Local Government Services in the New Jersey Department of Community Affairs, and such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds or notes provided for in this bond ordinance by $422,000, but such amount shall constitute a deduction from gross debt to the extent permitted by law, and the said obligations authorized by this bond ordinance will be within all debt limitations prescribed by said Local Bond Law. (d) An aggregate amount not exceeding $100,000 for items of expense listed in and permitted under Section 40A:2-20 of the Local Bond Law is included in the estimated cost indicated herein for the purposes or improvements hereinbefore described. -2- # ( )

33 SECTION 8. Unless paid from other sources, the full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. Unless paid from other sources, the obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the obligations and the interest thereon without limitation as to rate or amount. SECTION 9. The Borough reasonably expects to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof and paid prior to the issuance of any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This Section 9 is intended to be and hereby is a declaration of the Borough's official intent to reimburse any expenditures toward the costs of the improvements or purposes described in Section 3 hereof to be incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury Regulations No reimbursement allocation will employ an abusive arbitrage device under Treasury Regulations to avoid the arbitrage restrictions or to avoid the restrictions under Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986, as amended (the Code ). The proceeds of any bonds or notes authorized herein used to reimburse the Borough for costs of the improvements or purposes described in Section 3 hereof, or funds corresponding to such amounts, will not be used in a manner that results in the creation of replacement proceeds, including sinking funds, pledged funds or funds subject to a negative pledge (as such terms are defined in Treasury Regulations ), of any bonds or notes authorized herein or another issue of debt obligations of the Borough other than amounts deposited into a bona fide debt service fund (as defined in Treasury Regulations ). The bonds or notes authorized herein to reimburse the Borough for any expenditures toward the costs of the improvements or purposes described in Section 3 hereof will be issued in an amount not to exceed $422,000. The costs to be reimbursed with the proceeds of the bonds or notes authorized herein will be "capital expenditures" in accordance with the meaning of section 150 of the Code. All reimbursement allocations will occur not later than eighteen (18) months after the later of (i) the date the expenditure from a source other than any bonds or notes authorized herein is paid, or (ii) the date the improvements or purposes described in Section 3 hereof is placed in service (within the meaning of Treasury Regulations ) or abandoned, but in no event more than three (3) years after the expenditure is paid. SECTION 10. The Borough covenants to maintain the exclusion from gross income under Section 103(a) of the Code the interest on all bonds and notes issued under this bond ordinance. SECTION 11. This bond ordinance shall take effect twenty (20) days after the first publication hereof after final adoption, and approval by the Mayor, as provided by the Local Bond Law. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 7, # ( )

34 BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO A RESOLUTION REGARDING THE 2019 REORGANIZATION MEETING OF THE GOVERNING BODY offered the following resolution and moved its adoption: BE IT RESOLVED by the Governing Body of the Borough of Red Bank that the reorganization of the Mayor and Council of the Borough of Red Bank is hereby scheduled for Tuesday, January 1, 2019 at 3:00 pm in the Municipal Building, 90 Monmouth Street, Red Bank, New Jersey. BE IT FURTHER RESOLVED that the agenda for this meeting shall be the reorganization of the Governing Body of the Borough, including appointments and such other matters as may come before the Governing Body. Formal action will be taken. BE IT FURTHER RESOLVED that the Clerk caused notice of this meeting to be appropriately posted and to be given to the official newspapers of the Borough. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

35 BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO RESOLUTION AUTHORIZING PREMIUMS MORE THAN FIVE YEARS OLD AND PREMIUMS ON FORECLOSED LIENS BE TRANSFERRED TO THE BOROUGH OF RED BANK - MRNA offered the following resolution and moved its adoption: WHEREAS, lien holders bid premiums at the tax sale and those liens did not redeem within five years of the sale or redeemed after five years of the sale or the lien holder/s has foreclosed on the property, WHEREAS, NJSA 54:5-33, requires premiums be returned to the purchaser if and when a redemption is made within five years of the sale. If redemption is not made within five years, the premium payment shall be turned over to the Treasurer of the municipality and become part of Municipal Revenue Not Anticipated for that year, NOW, THEREFORE, BE IT RESOLVED, that the following amounts be transferred to Borough of Red Bank MRNA: Amount Tax Sale Certificate Block/Lot Status 25, /11.09 Foreclosed /4 Foreclosed Total Amount $25, Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018 I hereby certify the above to be a true copy of a resolution adopted by the Council of the Borough of Red Bank, in the County of Monmouth, at a meeting held on November 28, Pamela Borghi, Municipal Clerk

36 BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO A RESOLUTION AWARDING A CONTRACT TO MONMOUTH TELECOM FOR TELEPHONE AND INTERNET SERVICE offered the following resolution and moved its adoption: WHEREAS, the Borough of Red Bank is in need of a telecommunications services provider; and WHEREAS, the Borough has solicited pricing from vendors for telecommunications services and is recommending that Monmouth Telecom be awarded a new three-year contract with effective dates January 1, 2019 to December 31, 2021; and WHEREAS, this service is exempt from public bidding as per the New Jersey Local Public Contracts Law under Section 40A:11-5(f) Exemptions; and WHEREAS, the CFO has certified the availability of funds under account(s) M , , , and (subject to 2019 budget approval) in the amount of: 2019 not to exceed $26,400 annually plus $20,000 in startup costs; 2020 not to exceed $26,400 annually; 2021 Not to exceed $26,400 annually; WHEREAS, the Borough of Red Bank hereby awards a telecommunications contract to Monmouth Telecom. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Red Bank, County of Monmouth and State of New Jersey that the Borough hereby awards a contract to Monmouth Telecom for a three-year period from January 1, 2019 to December 31, Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018 I hereby certify the above to be a true copy of a resolution adopted by the Council of the Borough of Red Bank, in the County of Monmouth, at a meeting held on November 28, Pamela Borghi, Municipal Clerk

37 BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO RESOLUTION AUTHORIZING THE BOROUGH OF RED BANK TO ENTER INTO A CONTRACT WITH THE RED BANK AFFORDABLE HOUSING CORPORATION TO SERVE AS THE BOROUGH s COAH ADMINISTRATIVE AGENT offered the following resolution and moved its adoption: WHEREAS, under the authorization of the New Jersey Fair Share Housing Act (N.J.S.A. 52:27D-301et. eq.)( the Act ), the Borough of Red Bank ( the Borough ) has and is continuing to implement a program to provide qualified affordable housing units to low and moderate income households desiring to live within the Borough; and WHEREAS, at Title 5, Chapter 80, Subchapter 26 of the New Jersey Administrative Code, the State has promulgated affordability controls in regulations designed to implement the Act, by assuring that low and moderate income units that are created under the Act are occupied by low and moderate income households for an appropriate period of time( the Rules ); and WHEREAS, Section 5: of the Rules provides that affordability controls may be administered by an administrative agent acting on behalf of a municipality; and WHEREAS, the Borough desires to retain the services of Red Bank Affordable Housing Corporation to serve as the Borough s Administrative Agent for the purpose of providing affordability control services for all designated affordable housing projects within the Borough; WHEREAS, the Mayor and Council, having considered the same, wishes to authorize the awarding of a Contract to Red Bank Affordable Housing Corporation to serve as the Borough s administrative agent for the provision of affordability control services for all affordable units designated by the Borough during the term of the contract. Fee Account. WHEREAS, adequate funding for said is available in the Affordable Housing Developer s NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Red Bank as follows: 1. That the Mayor and/or Borough Administrator is authorized to execute and the Municipal Clerk to attest an Agreement, acceptable to the Borough Attorney, between the Borough of Red Bank and Red Bank Affordable Housing Corporation regarding the aforesaid services, 2. That pursuant to N.J.A.C. 5:94-7 and N.J.A.C. 5: et seq, the Borough s Zoning Officer, Glenn Carter, is hereby designated and appointed as the Borough s Municipal Housing Liaison. There will be no salary associated with this appointment. 3. That the Chief Financial Officer is directed to file a Certificate of Availability of sufficient funds for this contract. 4. That a certified copy of this Resolution shall be provided to each of the following: a. Red Bank Affordable Housing Corporation b. Borough Administrator; c. Municipal Housing Liaison c. Borough Attorney d. Chief Financial Office

38 Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

39 BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO A RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT TO CME ASSOCIATES FOR ENGINEERING SERVICES FOR THE PREPARATION OF A NEW JERSEY INFRASTRUCTURE FINANCING PROGRAM APPLICATION FOR WHITE STREET IMPROVEMENTS offered the following resolution and moved its approval: WHEREAS, the Borough of Red Bank is in need of contracting for professional engineering services to provide engineering phase services for the White Street Improvements Project; and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., requires a resolution authorizing the award of the contract for professional services without competitive bids and that the contract itself must be available for inspection; and WHEREAS, CME Associates has provided a proposal dated November 2, 2018 to provide the needed services for the preparation of a New Jersey Infrastructure Financing Program application for the White Street Improvements Project. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Red Bank that the Mayor and the Clerk of the Borough of Red Bank are hereby authorized to execute and attest to an agreement with CME Associates for the preparation of a New Jersey Infrastructure Financing Program application for the White Street Improvements Project to be completed on or before May 1, 2019, at a fee not to exceed $25,000.00, pursuant to a proposal dated November 2, This contract is awarded without competitive bids as a professional services contract in accordance with N.J.S.A. 40A:11-5 (1)(a)(I) of the Local Public Contract Law. BE IT FURHTER RESOLVED, that the account to be charged is in an amount not to exceed $25, and that the Chief Financial Officer has issued a Certificate of Available Funds which is incorporated herein by reference. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

40 BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO A RESOLUTION REQUESTING APPROVAL OF SPECIAL ITEM OF REVENUE AND APPROPRIATION ACCORDING TO N.J.S.A. 40A:4-87 ($1, FM Global Fire Prevention Grant) offered the following resolution and moved its adoption: WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for an equal amount; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Red Bank in the County of Monmouth, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2018 in the sum of $1,597.00, under the title of FM Global Fire Prevention Grant. BE IT FURTHER RESOLVED, that the like sum of $1, is hereby appropriated under the caption of FM Global Fire Prevention; and BE IT FURTHER RESOLVED, that the above is the result of funds from the FM Global Fire Prevention Grant in the amount of $1, Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

41 BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO RESOLUTION RETAINING MICHAEL D. FITZGERALD, ESQ. TO REPRESENT THE BOROUGH OF RED BANK IN A CLASS ACTION LAWSUIT AGAINST LEXIS NEXIS UNDER A CONTINGENT FEE ARRANGEMENT offered the following resolution and moved its approval: WHEREAS, the Borough of Red Bank (the Borough ) has been made aware of a class action lawsuit, arising from potential violations of the False Claim Act, on behalf of certain municipalities that contracted with Lexis Nexis for the processing of New Jersey Motor Vehicle accident reports (the Class Action ); and WHEREAS, the Borough is a potential plaintiff in the Class Action; and WHEREAS, the Borough has been offered representation by Michael D. Fitzgerald, Esq., who is prosecuting the Class Action against Lexis Nexis; and WHEREAS, the representation offered to the Borough by Michael D. Fitzgerald, Esq. is on a contingent-fee basis, whereby the Borough shall not be responsible or have any obligation to pay any legal fees or reimbursements in connection with the representation; and WHEREAS, pursuant to N.J.S.A. 40A:11-1 et seq., the Borough desires to retain Michael D. Fitzgerald, Esq. under the terms of a non-fair and open contract to represent the Borough in the Class Action; and WHEREAS, the value of the services to be provided by Michael D. Fitzgerald, Esq. under his contingent-fee arrangement may exceed $17,500.00; and WHEREAS, Michael D. Fitzgerald, Esq. shall be required to complete and submit a Business Entity Disclosure Certification which certifies that Michael D. Fitzgerald, Esq. has not made any reportable contributions to a political or candidate committee in the Borough of Red Bank in the previous one year, and that the contract will prohibit Michael D. Fitzgerald, Esq. from making any reportable contributions during the term of the contract; and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a)(i), requires the public advertisement of notice with respect to contracts for professional services awarded without competitive bids; NOW THEREFORE, BE IT RESOLVED, that the Mayor & Council of the Borough of Red Bank hereby authorizes the Mayor and Borough Clerk to enter into a contract with Michael D. Fitzgerald, Esq. in accordance with the foregoing parameters and the following terms: 1. The law firm of Michael D. Fitzgerald, Esq. shall represent the Borough in the Class Action. 2. The Mayor and Borough Clerk, on behalf of the Borough, are hereby authorized and directed to execute the contract, attached hereto Exhibit A, with Michael D. Fitzgerald, Esq. for the prosecution of the Class Action. 3. No appropriation of funds is required at this time. 4. The contract is awarded without competitive bidding as a professional service under the provisions of N.J.S.A. 40A:11-5(1)(a)(i). 5. That a notice in accordance with this Resolution and the New Jersey Local Public Contracts Law shall be published at least one time in the Borough s official newspaper. 6. That a certified copy of this Resolution shall be provided to the Mayor, Borough CFO, Borough Tax Assessor, and Michael D. Fitzgerald, Esq.

42 Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

43 BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO A RESOLUTION AUTHORIZING TRANSFER OF 2017 CURRENT FUND offered the following resolution and moved its approval: WHEREAS, the Governing Body of the Borough of Red Bank have determined that it is necessary to make appropriation transfers of the respective sum appropriations in the 2018 Local Municipal Budget; and WHEREAS, it has been determined that there is an excess in appropriations over and above the amount necessary to fulfill the purposes of said appropriations; and WHEREAS, N.J.S. 40A:4-58 provides for appropriation transfers during the last two months of the budget year. NOW, THEREFORE BE IT RESOLVED BY THE BOROUGH OF RED BANK that the transfers between 2018 Budget Appropriations are made as follows: GENERAL APPROPRIATIONS FROM TO CURRENT FUND Engineering Services O/E $ 60, Planning O/E $ 2, Zoning O/E $ 2, Street Lighting $ 15, Total $ 80, Legal Services O/E $ 60, Planning S&W $ 2, Zoning S&W $ 2, Road Repairs - O/E $ 15, Total $ 80, Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: November 28, 2018

44

45

46

47

48

49

50

51

52

53

54

55

56