Public Hearing NJDEP Green Acres Diversion Scoping Hearingfor NJAW Water Main

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1 TOWNSHIP COUNCIL REGULAR MEETING PAGE 1 1. Meeting Called to Order Mayor Berger called this meeting to order at 6:00 PM. 2. Opening Statement and Roll Call Township Clerk Wollman read the opening statement. Adequate notice of the holding of this meeting of the Howell Township Council was provided for in the following manner: ( 1) By the posting of a copy of said notice upon the bulletin board in the Township Municipal Building on January 5, ( 2) By the faxing of a copy of said notice to the Tri Town News, Star Ledger and Asbury Park Press for information and publication on January 5, ( 3) By the filing of a copy of said form of notice in the Township Clerk' s office on January 5, The public will be allowed to attend and will be allowed to participate pursuant to the Open Public Meetings Law. The public is reminded that civility and decorum will be maintained during the meeting. Any contracts awarded at this meeting, or between now and the next meeting will be required to comply with the requirements of Public Law 1975 Chapter 127 ( NJAC 17: 27). Roll Call: Present: Mayor Theresa Berger, Deputy Mayor Robert Nicastro, Councilwoman Evelyn O' Donnell, Councilman Robert F. Walsh( 6: 20 PM). Also present: Special Counsel Andrew Bayer, Chief Financial Officer Louis Palazzo, Township Clerk Penny Wollman, Community Development Director/Acting Township Manager Jim Herrman. Absent: Councilwoman Pauline M. Smith. Public Hearing NJDEP Green Acres Diversion Scoping Hearingfor NJAW Water Main Community Development Director/Acting Township Manager Jim Herrman introduced tonight' s presenters as follows: Maggie Wellins, P. W.S., Environmental Scientist, HDR( consultant engineer for NJAW); Jill Marie, P. E., Project Manager, HDR( consultant engineer for NJAW); Adam Kane, P. E., Project Manager, NJAW; Andrew Coeyman, Supervisor, Land Preservation Office, Monmouth County Park System. A sign in sheet was passed around to show who was present in the audience.) New Jersey American Water representatives provided an overview of the NJDEP Green Acres Diversion Scoping Hearing for NJAW Water Main (Power Point presentation) Howell to Lakewood Transmission Main Project Green Acres Major Diversion of Parkland Public Scoping Hearing Scoping Hearing Requirement A 30 day public notice period is required to advertise the Scoping hearing. Public notices issued on August 18, 2017 using the following methods: Letters sent to landowners adjacent to the Green Acres parcels; Legal advertisement published in the Asbury Park Press; Large signs were posted at 3 locations Alfred C. Sauer Park at Echo Lake, the entrance of the Howell Township Department of Public Works, and the entrance to Howell Park Golf Course. ORIGINAL MINUTES APPROVED ON TRS THE DAY OF1 L22 7) c'

2 TOWNSHIP COUNCIL REGULAR MEETING PAGE 2 Project Description Howell to Lakewood Transmission Main: Approximately 34,000 linear feet of water transmission main throughout Howell and Lakewood Townships. The project is necessary to increase the capacity of water distribution, increase fire protection, improve system reliability, and support future growth. The project consists of two construction phases: Phase 1 Construction currently under construction. Phase 2 Construction Mid 2018 ( following Green Acres approval). A Route Analysis was completed by NJAW in coordination with local, county, and state agencies. The proposed route avoids impacts to historic and environmental resources to the greatest extent possible and utilizes roadways with ample space to install and maintain the water main. The water main is largely being installed within local roadways that will be repaved when the project is completed. Phase 2 Construction requires installation of transmission main within Green Acres encumbered parcels. Green Acres Encumbered Parcels Block 28, Lots 1. 04, 2 and 3 Alfred C. Sauer Park at Echo Lake owned by the Township of Howell. The total area of the permanent easement within the park is acres ( 20' wide easement, approx. 1000' long). Installation using Horizontal Directional Drilling (HDD) to avoid surface impacts to Echo Lake Park. No permanent changes to the surface of the park are proposed. Minor impacts associated with the drilling pits will be restored to pre- construction conditions. No tree removal is required. Alternatives considered to avoid Green Acres Parcels Block 28, Lots 1. 04, 2 and 3 Route constraints: Dam infrastructure, homes, and private residential wells on the east side of Maxim Southard Road across from the Park. Property on the east side of the road at the Polypod Brook location is also Green Acres encumbered. Green Acres Encumbered Parcels Block 50, Lots and 46 Block 50, Lot owned by the Township of Howell. Proposed diversion is located at the northern edge of property behind the recycling center at the DPW facility. The total area of permanent easement is acres ( 20' wide easement, approx. 250' long). Installation by open cut trench method. Permanent and temporary tree removal is required. Block 50, Lot 46 owned by the County of Monmouth. Proposed diversion is located just south of the Howell Park Golf Course. No impact to golf course or disruption of play. The total area of the permanent easement is acres ( 20' wide easement, approx. 550' long). Installation by open cut trench method. Permanent and temporary tree removal is required. Alternatives considered to avoid Green Acres Parcels, Block 50, Lots and 46 Route constraints: Historic landfill on Lot

3 TOWNSHIP COUNCIL REGULAR MEETING PAGE 3 Project Benefits for Howell Township and Monmouth County 10: 1 Monetary Compensation for the value of the Green Acres diversion area. A land appraisal is currently underway to determine the value of the easement area based on its highest and best use. Tree replacement: A tree survey has been completed to determine the appropriate compensation for any trees greater than 6 inches diameter at breast height ( DBH) in accordance with Green Acres regulations. Optimal route to minimize traffic congestion during installation. Roads will be repaved following installation. Improved water capacity and fire protection. Redundancy in the water distribution system ensuring system reliability. Public Comment Councilwoman O' Donnell questioned how the number of trees were calculated. NJAW Representative responded that a certified tree consultant for NJDEP performed the tree survey. Based on their numbers, 119 trees to be removed; 2, 000 trees will be replaced to easements/ parks owned by the Township and County. These numbers are preliminary. Mayor Berger stated that the trees at the shooting range provide a buffer for those homes surrounding it and wouldn' t want that buffer decreased. Mayor Berger questioned the cost of the project. Mayor Berger questioned how the project will affect well and septic property owners. Mr. Herrman responded that there are no houses between the golf course and the shooting range. On east side of track, no tree disturbance where homes are. We are not requiring residents to connect to that system. No impact on water and sewer owners and no sewer lines being installed. NJAW Representative stated that the funding to pay for this project comes from their capital budget with no immediate cost to the Township. It is part of their rate base. Every few years they go in for rate adjustment to adequately serve the customers. This is state wide and there are approximately projects. Barbara Dixel, Duly Elected County Committeewoman for District 12, The Villages. Mrs. Dixel stated that with reference to the gun range, a family on Brickyard Road hears the gun shots Council responded that is not the area we are speaking about). Mrs. Dixel read into record a prepared letter opposing the Township giving up land for Lakewood. Mrs. Dixel is opposed to Mrs. Dixel asked NJAW any additional rates as hardship to Howell Township residents. Representatives to write off Adelphia Water Debt from 1999 and reduce The Villages water rates.

4 TOWNSHIP COUNCIL REGULAR MEETING PAGE 4 Natalie Wasiczko, 1272 Maxim Southard Road. Ms. Wasiczko stated that she has well and septic and questioned how that will that affect her home, grass, septic tanks. What safety measures will be put in place for the residents on Maxim Southard Road. Mr. Herrman responded that the project is taking place in the public right of way, not in your front yard. The rest of the roadway is for piping. Everything by Locust will be in the roadway. When the trench is cut in front of a home, the contractor will advise the residents when they will be opening the road and the contractor will give residents accessibility. The safety of the children is a parental responsibility. Once trench is settled, 3-4 months, then NJAW will be back for mill and paving of the road. Mark Parisi, 2 Castle Court. Mr. Parisi questioned if there are long term plans to hook up customers to this main or will there be mandatory hook up. NJAW Representatives stated that they do not intend to have a mandatory hook up. Resident, 34 Porter Road. Resident questioned what is Lakewood and the Water Company giving to Howell Township. Mr. Herrman responded that the water main is a necessary thing for growth in both Lakewood and Howell. The initial project was to go down Route 547 the Township has no say. Alternatives were looked at and this is the best alternative. The Township will have repaved roads. The water system will go through the Public Works yard where there are currently water problems so we will now have a new water service that is drinkable to benefit Police Department, Public Works, and the Howell Library. Mayor Berger questioned if the homes along the route were contacted that this is not a mandatory hook up from the residents. Mr. Herrman responded that the pressure on the main is rather high so there is no intention to have residents hook up. Joan Osborne, 28 Bronia Street. Ms. Osborne questioned if the 20 foot easement is limited to the water line only or will NJAW use it for anything else. Mr. Herrman stated that it cannot be used for anything else without additional approval from the Township. Jerry Barron, 37 Danella Way. Mr. Barron asked how long each phase will take. NJAW Representative responded that they are staged and anticipate Phase 1 to be completed by the end of the year. Phase 2 will commence after Green Acres approval and completion of permits. It would probably take about 6 months for Phase 2. A resolution on this matter is anticipated at the next Regular Township Council Meeting. Close Public Comment

5 TOWNSHIP COUNCIL REGULAR MEETING PAGE 5 3. Executive Session There is a need to go into executive session for subjects to be discussed per N.J. S. A. 10: 4-12, specifically under Contract Negotiations, Personnel and Litigation. The Township Council will reconvene in public session at 7: 30 PM. Councilwoman O' Donnell made a motion, seconded by Deputy Mayor Nicastro. Roll Call: Ayes: Mrs. O' Donnell, Mr. Walsh, Deputy Mayor Nicastro, Mayor Berger. Meeting reconvened 8: 15 PM. Mayor Berger announced that the Executive Session Minutes from tonight' s meeting can be disclosed to the public at next month' s Regular Meeting, providing the need for confidentiality no longer exists. 4. Pledge ofallegiance Moment of silence. S. Acceptance ofminutes of Previous Meetings September 5, 2017 Regular Meeting+ Executive Session+ Public Release Councilwoman O' Donnell made a motion to accept the above minutes, seconded by Councilman Walsh. Roll Call: Ayes: Mrs. O' Donnell, Mr. Walsh, Deputy Mayor Nicastro, Mayor Berger. 6. Reports of Township Officials Proclamation Fire Prevention Week, October 8 14, Fire Prevention Bureau Chief Robert Lewis and staff accepted the proclamation. Mayor Berger thanked all those that attended the 911 James Herrman as the Acting Township Manager. Memorial. Mayor Berger announced Acting Township Manager Herrman reported that at a prior Township Council meeting, it was requested that the next SWAC ( Solid Waste Advisory Council) meeting be held here in Howell. At this time the 2 Howell cases before SWAC will not be heard on the SWAC Agenda on September 28`x' and there are no future dates set for those cases. Therefore the SWAC meeting will not be held here as there are no Howell cases to be heard by that Committee. Township Clerk Wollman stated that changes on the agenda from Preliminary to Final Agenda include: Remove Resolutions: R A. 1 Authorize Renewal of Membership in the Garden State Joint Insurance Fund for a( 3) Three Year Term beginning January 1, 2018 to December 31, Discussion None

6 TOWNSHIP COUNCIL REGULAR MEETING PAGE 6 8. Hearing of Citizens& Public Comment on Consent Agenda Items Barbara Dixel, 62A Piazza, The Villages. Mrs. Dixel questioned Resolutions 9A. 12 R Authorize Use of Education Services Commission of NJ, Electrician Services, Improvement to OEM Building, Signal Electric Corporation, $ 89, ; R A.13 Authorize Use of Education Services Commission of NJ, Plumbing Services, Improvement to OEM Building, Magic Touch, $84, ; R A. 14 Authorize Use of Education Services Commission of NJ, General Contracting, Improvement to OEM Building, Murray Paving & Concrete LLC, 56, asking why these projects are not put out to bid. Acting Township Manager Herrman responded that these projects are put out under a COOP Program which is like a state contract, pre- approved funding. They are not bid because we are not required to do so. Cathy McKee, 35 Merrick Road. Ms. McKee questioned the general plans for remediation of the MacKenzie House as the Township owns this building. Ms. McKee stated that she is concerned with the reference material located within this building. Acting Township Manager Herrman responded that there is no plan to spend capital funds to remediate. Discussion. Virginia Woolley, 158 Belmar Boulevard. Ms. Woolley stated that she was disappointed as it has been 2 years and nothing done with the MacKenzie House; the building will not stand without work done on it. There is no 501C tax exempt number and The Heritage Group of Howell cannot raise funds when they can' t claim it. Tara Donnel, 33 Southport Drive. Member of The Historical Society in Ms. Donnel stated that she participated in school tours with the children and feels the MacKenzie House contributed to the community and is an important historical structure in Howell. Councilwoman O' Donnell stated that she is glad this item came up for discussion. The Tax ID number has been revoked and the new group wants a number to facilitate donations. This house was given to the Township and there is a group willing to go in and facilitate repairs. Deputy Mayor Nicastro stated that the issues are who will run the MacKenzie House, Funding, and who will do the repairs. Unfortunately, funding was not available for the MacKenzie House and due to the building being owned by the Township, volunteers cannot volunteer to do the work. 150, 000 Total Cost of Repairs. Sandra Solly, Birdsall Road. Ms. Solly stated that she and Elaine Taylor are the Second Group historical group). Ms. Solly asked what the main danger of the building is. Councilman Walsh stated that if the building is structurally unsound, he doesn' t feel anyone should go in. Ms. Solly asked why it was necessary to spend $ 9, 000 to Maser to review this. Acting Township Manager Herrman responded that he is a civil engineer, not an architectural engineer, and felt that this was beyond his purview to verify the Township' s concerns. Mayor Berger offered to meet with the two facets of the Howell Historical Society and Howell Heritage group along with Councilwoman O' Donnell. Elaine Taylor, President, Howell Historical Society, 1055 Maxim Southard Road. Ms. Taylor thanked the Mayor for facilitating a meeting. Close Hearing of Citizens

7 TOWNSHIP COUNCIL REGULAR MEETING PAGE 7 9. ConsentAgenda Council reviewed and discussed the Consent Agenda. Resolution 9A. 1 to be removed. Councilwoman O' Donnell made a motion to approve the Consent Agenda, seconded by Councilman Walsh. Roll Call: Ayes: Mrs. O' Donnell, Mr. Walsh, Deputy Mayor Nicastro, Mayor Berger. Resolutions R A. 1 Removedfrom Agenda R A. 2 Authorize Award of Contract for Professional Services, Construction Inspection Services related to the Enhancement to Aldrich Lake, T& M Associates, Not to Exceed $93, R A. 3 Authorize Award of Contract, Enhancement to Aldrich Lake, Contract # 17-07, Precise Construction Inc., $2, 430, R A.4 Authorize Return of Unused Engineering Inspection Escrow Funds, Verizon, FTTP Network Upgrade, Katie Court, Road Opening Permit RO , R A. 5 Authorize Return of Unused Engineering Inspection Escrow Funds, Verizon, FTTP Network Upgrade, MacKenzie Court, Road Opening Permit RO , $ R A.6 Authorize Return of Unused Engineering Inspection Escrow Funds, Verizon, FTTP Network Upgrade, Ginesi Drive & Buckalew Road, Road Opening Permit RO , $ R A.7 Authorize Return of Unused Engineering Inspection Escrow Funds, Verizon, FTTP Network Upgrade, Pine Meadows/Toscana Chad Lane, Royal Lane, Pitch Pine Lane, Rockspray Court, Firestone Drive, Arrowwood Court, Bracken Court, Tyler Court, Road Opening Permit RO , $ 1, R A.8 Authorize Return of Unused Engineering Inspection Escrow Funds, New York SMSA, LP D/ B/ A Verizon Wireless, Cell Tower, Block 50, Lot 44.04, Preventorium Road, $ , Case No. SP- 940 R A.9 Authorize Return of Engineering Inspection Escrow Funds, Saker Shoprites, Inc., Shoprite, Block 79, Lots , & ; Route 9 & Friendship Road, $ 7, , Case No. SP- 988 CE R A. 10 Authorize Tentative and Final Sanitary Sewer Approval, Elon Associates LLC, Block 184, Lots 7-10 & 14, Yellowbrook Road & Adelphia Farmingdale Road, Case No. SD R A. 11 Authorize Release of Maintenance Guarantee, NJR Clean Energy Ventures, Rock Solid Solar Farm, Block 168, Lot , Fairfield Road, Phase I, Case No. BA R A. 12 Authorize Use of Education Services Commission of NJ, Electrician Services, Improvement to OEM Building, Signal Electric Corporation, $89, R A. 13 Authorize Use of Education Services Commission of NJ, Plumbing Services, Improvement to OEM Building, Magic Touch, $84, R A. 14 Authorize Use of Education Services Commission of NJ, General Contracting, Improvement to OEM Building, Murray Paving& Concrete LLC, $56,

8 TOWNSHIP COUNCIL REGULAR MEETING PAGE 8 R A. 15 Authorize Appointment of James Herrman, Acting Township Manager R A. 16 Removedfrom Agenda Motions None 10. Public Hearing on Ordinances None 11. Introduction of Ordinances Amend Noise Ordinance Deputy Mayor Nicastro read Ordinance Introduction Statement. Motion to introduce Ordinance No on first reading by title and to order the same to be published in the 9/ 22/ 17 issue of the Asbury Park Press together with notice of its introduction and passage on first reading by title, and that it will be further considered for final passage after public hearing at a meeting of the Township Council to be held on 10/ 17/ 17 at 7: 30 PM, prevailing time, in the Municipal Building. Councilwoman O' Donnell seconded the motion. Township Clerk Wollman read title of ordinance. An Ordinance of the Mayor and Council of the Township of Howell, County of Monmouth, State of New Jersey amending Chapter 208 of the Township Code to adopt the New Jersey Department of Environmental Protection' s Model Noise Ordinance Roll Call: Ayes: Mrs. O' Donnell, Mr. Walsh, Mr. Nicastro, Mayor Berger. 12. Unfinished Business None 13. Information Howell Day 2017 & Green Fair, Saturday, September 23, 2017; 12: 00 8: 00 PM, Soldier Memorial Park 14. Meeting Dates Regular Meeting Tuesday, October 3, 2017 Executive Session 6: 30 P.M. Regular Session 7: 30 P.M. Regular Meeting Tuesday, October 17, 2017 Executive Session 6: 30 P.M. Regular Session 7: 30 P.M.

9 TOWNSHIP COUNCIL REGULAR MEETING PAGE Adjournment Councilwoman O' Donnell made a motion to adjourn the meeting, seconded by Deputy Mayor Nica tro. Roll Call: Ayes: Mrs. O' Donnell, Mr. Walsh, Deputy Mayor Nicastro, Mayor Berger. Me ti g adjourn d at 9: 15 PM. e o ro Township Clerk Township of Howell

10 Executive Session Minutes for Public Release TOWNSHIP COUNCIL REGULAR MEETING EXECUTIVE SESSION 6:35 PM SEPTEMBER 19,201 7 PAGE 1 Present: Mayor Theresa Berger, Deputy Mayor Robert Nicastro, Councilwoman Evelyn O'Donnell, Councilman Robert F. Walsh. Also present: Acting Township Manager Jim Herman, Special Counsel Andy Bayer, Township Clerk Penny Wollman. Absent: Councilwoman Pauline M. Smith. to adjourn, moved by Deputy Mayor Nicastro, seconded by Councilwoman O'Donnell. Meeting agjourned at 8: 15 P.M. Township derk Township of Howell

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