MINUTES OF A REGULAR CAUCUS MEETING OF COUNCIL OF THE BOROUGH OF SOUTH TOMS RIVER

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2 MINUTES OF A REGULAR CAUCUS MEETING OF COUNCIL OF THE BOROUGH OF SOUTH TOMS RIVER A Regular Caucus Meeting of Council of the Borough of South Toms River was held at the Borough Hall on Monday, April 9, 2012 at 7:00 pm. Those present were Mayor Champagne; Councilmen Cradle, Sykes, Williams. Also present Solicitor Hensel. Absent: Councilmen McCormack, Murray, Ross Notice of this meeting was given to the Asbury Park Press on December 16, 2011 and notices were posted on the bulletin boards in the Clerk's Office and Meeting Room on said date. Mayor Champagne went over the agenda for the meeting of April 16, 2012, which is as follows: Moment of silence, Salute to flag, Notice of meeting, Roll call, Approval of the following minutes:, Ordinance (Public Hearing), Resolutions, Permission, Reading & approval of vouchers for payment, Other business, Monthly reports, Correspondence, Public Comments, Executive Session, Adjournment At this time, Mayor Champagne presented certificates to the following "Students of the Month" from South Toms River Elementary School for the month of March: Luis Santiago, Isis Cruz Dueno, Javon Jackson, William Brommeland, Kaele Principato, Jessenia Cruz, Ciera McCracken, Talvon Griffin, Antonio Lopez, Stephani Lopez Galeana, Joshua Corbin, Jamiya Smith, Iris Dyczok, William Rutledge, Anthony Gomes, Destiny Anderson-Tafaro, Jadealys Serrano, Gregory Carter, Mackenzie McNicholas, Chanya Grant, Ian Singer. Grand Master Kum Sung of Kum Sung Fitness & Karate informed the Governing Body and the public that Mayor Champagne was being honored on May 12, 2012 with a special award. He told the children that with focus, they could achieve anything and explained the different versions of martial arts. He then gave a practical and interactive demonstration of martial arts by calling up different children and adults to help him with his demonstration. A motion was made by Councilman Cradle seconded by Councilman Sykes to enter into a brief recess. The following roll call was taken: FOR: Councilman Cradle, Sykes, Williams ABSENT: McCormack, Murray, Ross Public Comments: Ernest Herrmann, 8 Dartmouth Drive We need a clock. A motion was made by Councilman Cradle seconded by Councilman Sykes to adjourn this meeting. The following roll call was taken: FOR: Councilman Cradle, Sykes, Williams ABSENT: McCormack, Murray, Ross Approved: Joseph M. Champagne, Jr., Mayor Elizabeth Silvestri, Clerk

3 MINUTES OF A REGULAR MEETING OF COUNCIL OF THE BOROUGH OF SOUTH TOMS RIVER A Regular Meeting of Council of the Borough of South Toms River was held at the Borough Hall on Monday, April 16, 2012 at 7:00 pm. Those present were Mayor Champagne; Councilmen Cradle, McCormack, Murray, Ross, Williams. Also present Solicitor Ryan. Absent: Councilman Sykes Notice of this meeting was given to the Asbury Park Press on December 16, 2011 and notices were posted on the bulletin boards in the Clerk's Office and Meeting Room on said date. A motion was made by Councilman Cradle seconded by Councilman Ross to approve the March 12, 2012 Caucus Meeting Minutes and the March 12, 2012 Closed Session Minutes. A motion was made by Councilman Murray seconded by Councilman McCormack to approve the March 19, 2012 Regular Meeting Minutes. The following roll call was taken: FOR: Councilman McCormack, Murray, Ross, Williams ABSTAIN: Cradle ABSENT: Sykes After the Mayor read the title of Ordinance #2-12, "CALENDAR YEAR 2012 ORDINANCE TO ESTABLISH A CAP BANK, (N.J.S.A. 40A: )", he then opened the floor to the public. As there were no comments, the Mayor then closed the floor to the public. A motion was made by Councilman Ross seconded by Councilman McCormack to approve Ordinance #2-12 on second reading: #2-12 CALENDAR YEAR 2012 ORDINANCE TO ESTABLISH A CAP BANK (N.J.S.A. 40A: ) WHEREAS, the Local Government Cap Law, N.J.S. 40A: et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in the said final budget appropriations to 2.5% or the cost of living adjustment of 3.5% over the previous years final appropriations; and, WHEREAS, a municipality may, by ordinance, bank the difference between its final budget appropriations and the 3.5% cost of living adjustment when said difference is not appropriated as part of the final budget; and, WHEREAS, the Borough Council of the Borough of South Toms River, County of Ocean, hereby determines that this difference in the amount of $29, that is not appropriated as part of the final budget shall be retained as an exception to the final appropriations in either of the next two succeeding years. NOW THEREFORE BE IT ORDAINED, that any amount authorized herein above that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

4 BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. A motion was made by Councilman Cradle seconded by Councilman McCormack to approve the following Tax Resolution: WHEREAS, the redemption of Tax Sale Certificate # on Block Lot 38 assessed to Vasquez, Edgar & Oscar has been made in the office of the Tax Collector and it is necessary to reimburse the lienholder. THEREFORE, be it resolved by the Mayor and Council of the Borough of South Toms River that a check in the amount of $ to be issued to US Bank-Cust/Sass Muni IV, dtr, C/O US Bank Corporate Trust Services, Attn: Maryanne Schrader, 2 Liberty Place, 50 South 16th Street, Suite 1950, Philadelphia, PA A motion was made by Councilman Ross seconded by Councilman Cradle for a resolution to approve the revised 2012 Schedule "C" price list. At this time, a public hearing on the 2012 Municipal Budget was held. A motion was made by Councilman Ross seconded by Councilman McCormack to approve the following resolution: RESOLUTION TO AMEND 2012 BUDGET WHEREAS, the local municipal budget for the year 2012 was approved on the 19th day of Mach, 2012, and WHEREAS, the public hearing on said budget has been held as advertised, and WHEREAS, it is desired to amend said approved budget, now THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of South Toms River, County of Ocean, that the following amendments to the approved budget of 2012 be made: CURRENT FUND BUDGET FROM TO General revenues 9. Total General Appropriations 3,893, ,910, ADOPTION OF THE 2012 MUNICIPAL BUDGET A motion was made by Councilman Murray seconded by Councilman McCormack for a resolution to adopt the 2012 Municipal Budget in the amount of $3,910,

5 A motion was made by Councilman Ross seconded by Councilman Murray to approve the following resolution: RESOLUTION OF THE BOROUGH OF SOUTH TOMS RIVER, COUNTY OF OCEAN, STATE OF NEW JERSEY, AUTHORIZING CHANGE ORDER NO. 1 TO MATHIS PLAZA SIDEWALK IMPROVEMENTS PHASE II 2011 COMMUNITY DEVELOPMENT BLOCK GRANT. WHEREAS, the Borough of South Toms River previously awarded a publicly bid contract to TC Landscape Construction Group, Inc., 55 Comstock Street, New Brunswick, New Jersey, 08901, for Mathis Plaza Sidewalk Improvements Phase II, 2011 Community Development Block Grant; and WHEREAS, during the course of construction of said project, it was determined that there is an apparent failure in the existing bulkhead on the northeast section of Mathis Plaza which has caused the concrete and brick pavers to be undermined resulting in the pavers and concrete falling approximately 3 to 6 inches; and WHEREAS, TC Landscape Construction Group, Inc. has requested a Change Order in the amount of $4, to remove and replace the pavers using the existing material and remove and replace the concrete in the designated area; and WHEREAS, TC Landscape Construction Group, Inc., further proposes to excavate the area in question to identify water infiltration, to fashion and install an aluminum shield from the behind the existing bulkhead, and to backfill the area with suitable material which will be compacted prior to the reinstalling the pavers and concrete; and WHEREAS, the Borough Engineer has reviewed the proposal for Change Order No. 1 submitted by TC Landscape Construction Group, Inc., has concluded the price is fair and reasonable and further believes that the work is necessary and requires immediate attention because the condition is increasing in severity with time and needs to be replaced as soon as possible; and WHEREAS, the Borough Council is desirous of awarding Change Order No. 1 to TC Landscape Construction Group, Inc. subject to the CFO certifying as to the availability of funds. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of South Toms River, County of Ocean, State of New Jersey, as follows: 1. Change Order No. 1 in the amount of $4, is hereby authorized for Mathis Plaza Sidewalk Improvements Phase II, 2011 Community Development Block Grant to 2011 to TC Landscape Construction Group, Inc., subject to the Borough CFO certifying as to the availability of funds for this project. 2. The Mayor, Borough Clerk and Borough Engineer are hereby authorized to execute any and all documents necessary for Change Order No. 1 referred to above. 3. A certified copy of this Resolution shall be sent to: A. Borough Engineer B. TC Landscape Construction Group, Inc. A motion was made by Councilman McCormack seconded by Councilman Murray to approve the following resolution: RESOLUTION OF THE BOROUGH OF SOUTH TOMS RIVER, COUNTY OF OCEAN, STATE OF NEW JERSEY FOR MUNICIPAL ENLISTMENT IN THE MILITARY INITIATIVE WHEREAS, on Tuesday, January 24, the Commander-in-Chief of our Armed Forced reminded all Americans that, "Above all, our freedom endures because of the men and women in unifoiiii who defend it," and that, "...this generation of heroes has made the United States safe and more respected around the world."; and WHEREAS, the President, further, promised, "As they come home, we must serve them as well as they've served us. That includes giving them the care and the benefits they

6 have earned... And it means enlisting our veterans in the work of rebuilding our nation."; and WHEREAS, National Guard and Reserve forces today total over 1 million service members and represent 48 percent of our total military force, while every day around the globe, thousands of men and women in uniform, including dedicated members of the National Guard and Reserves, risk their lives and make great sacrifices to defend our national interests, serving extended tours away from their homes, families and jobs; and WHEREAS, at the same time, we are now seeing unprecedented levels of unemployment and underemployment among members of the Guard and Reserve, as up to 22 percent of Guard and Reserve members face unemployment; and WHEREAS, in this time of economic uncertainty, the Employer Support Guard and Reserve (ESGR) is focusing on connecting employers with the talented pool of service members and their spouses, with the intent of facilitating meaningful employment opportunities; and WHEREAS, to further this goal, the New Jersey ESGR has launched an Employment Initiative Program (EIP), which is a collaborative effort with federal agencies including the Department of Labor (Veterans Affairs), the Department of Veterans, the Small Business Administration and the Office of Personnel Management; and WHEREAS, the goal is to enhance the employment process and serve as an effective resource for service members and employers. ESGR is also partnering with the Employer Partnership of the Armed Forces (EPAF) through EIP with a high-tech and high-touch approach; and WHEREAS, for almost a year, now, the United States Chamber of Commerce has also endeavored to find employment for our returning veterans and the spouses of those who continue to serve, at home and abroad, with its Hiring Our Heroes program; and WHEREAS, the Hiring Our Heroes program is a nationwide effort to help veterans and military spouses find meaningful employment in partnership with the Department of Labor Veterans Employment and Training Service (DOL VETS), to improve publicprivate sector coordination in local communities, where veterans and their families are returning every day; and WHEREAS, despite those efforts, the unemployment rate for veterans of our Armed Forces in our Nation and in our State continues to exceed the over-all rate; and WHEREAS, in order to take the lead on advancing the EIP to the next level, the New Jersey ESGR has enlisted strong and positive support from corporate leaders, the New Jersey State Chamber of Commerce, US Dept. of Labor/VETS and the New Jersey League of Municipalities; and WHEREAS, it is incumbent on all of us to prove that New Jersey cares for the men and women in uniform who risk their lives and make great sacrifices to defend our national interest; and WHEREAS, this employment initiative can be New Jersey's way of saying thank you to the men and women who made great sacrifices to protect our nation's freedom; and WHEREAS, local officials throughout the State of New Jersey, working together through the League of Municipalities, and with the New Jersey ESGR, their local and State Chambers of Commerce, and local business leaders can help to advance basic fairness to our vets and their families by pursuing on simple goal: to allow America's over one million unemployed veterans and military spouses to follow their dreams, instead of spending their lives just trying to catch up; NOW, THEREFORE, BE IT RESOLVED, on this 16th day of April, 2012 that the Governing Body of the Borough of South Toms River, County of Ocean, State of New Jersey, recognizes that we will never be able to repay the debt we owe to all members of our armed forces; and BE IT FURTHER RESOLVED, that in gratitude, the Borough of South Toms River pledges its enthusiastic and unqualified support for the Employment Initiative Program of the New Jersey Employer Support Guard and Reserves; and BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to the New Jersey State League of Municipalities and to our neighboring municipalities.

7 A motion was made by Councilman Murray seconded by Councilman Ross granting permission for the South Toms River First Aid Squad to hold a Mother's Day Flower Sale on May 11, 2012 through May 13, 2012 at the Squad Building at 401 Dover Road. A motion was made by Councilman McCormack seconded by Councilman Ross to approve the April voucher list in the amount of $681, in accordance with the certification provided by the Chief Financial Officer and attested to by the Chief Financial Officer. A motion was made by Councilman Ross seconded by Councilman McCormack to appoint Lena Stevens as the South Toms River Municipal Alliance Coordinator, effective April 16, A motion was made by Councilman Murray seconded by Councilman Williams for a resolution authorizing the Engineer to file an application to the NJDOT for Discretionary Aid (Local Infrastructure Fund). Public Comments: None A motion was made by Councilman Ross seconded by Councilman McCormack to close the floor to the public for comments. Monthly reports were given by each Councilman in their respective departments. A motion was made by Councilman Ross seconded by Councilman Cradle to enter into Executive Session to discuss personnel matters. When the Council came back into Open Session, the Mayor stated that matters discussed in Closed Session will be made public when they are resolved. A motion was made by Councilman Ross seconded by Councilman McCormack to approve the Memorandum of Agreement for the PBA Contract which is as follows: MEMORANDUM OF AGREEMENT The Borough of South Toms River and PBA Local 106 hereby agree as follows: 1. The contact terms shall be for three years beginning from January 1, 2011 and ending December 31, Wages shall be an increase of 0% for 2011, 2% for 2012, 3% for 2013 retroactive to January 1, Longevity for new hires shall be eliminated.

8 4. Accrued sick leave time for new hires shall be paid not to exceed $5, upon retirement 5. A Supervisor who is "on call" shall receive two (2) hours compensation time per week for "on call" status, as per scheduling by the Chief. 6. An employee who has medical coverage from another source may choose to opt out of the Borough's medical coverage and receive 3% of the premium cost. That premium cost shall be determined as of the time of the opt out and continue for the term of the contract. 7 All other contractual provisions remain as set forth in the Collective Bargaining Agreement executed the 12th day of September, The Mayor stated that the Borough has a website and that the website needs someone to maintain it and that would be a compensated position. A motion was made by Councilman Murray seconded by Councilman Ross to adjourn this meeting. Approved: Joseph M. Champagne, Jr., Mayor Elizabeth Silvestri, Clerk