AGENDA. Mayor s Statement Open Public Meetings Act & Emergency Fire Exits.

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1 AGENDA December 16, 2014 Regular Meeting of the Hazlet Township Committee held at p.m. Salute to the flag and moment of silent prayer called by Mayor. Mayor s Statement Open Public Meetings Act & Emergency Fire Exits. In Compliance with the Open Public Meetings Act of the State of New Jersey, adequate notice of this meeting of the Township Committee was provided in the following manner: (A) On January 6, 2014, advance written notice of this meeting was posted at: 1766 Union Avenue, Hazlet, New Jersey (B) On January 6, 2014, advance written notice of this meeting was forwarded to the Independent and published in the Asbury Park Press on January 8, (C) On January 6, 2014, copies of advance written notice of this meeting were mailed to all persons who requested and paid for such notices on or before January 1, FIRE EXITS are located in the directions I am indicating: Farther down at the end of the room, through the doors and down the stairs, directly out the front door. To my right is the door, make a right down the hallway which leads to the stairs and directly out the rear of the building. If you are alerted for fire, please move in a calm and orderly manner to the nearest exit. Finally, let the record reflect that the minutes of this meeting will accurately reflect the topics addressed during this meeting but will not be a verbatim transcript of tonight s proceedings. Thank you. I direct the Municipal Clerk to enter into the minutes of this meeting these announcements. ROLL CALL PRESENT ABSENT Committeeman Aagre Committeewoman Ronchetti Committeeman Sachs Deputy Mayor Belasco Mayor DiNardo

2 Approval of Minutes Regular Meeting December 2, 2014 Workshop Meeting December 2, 2014 Offered Roll Call: Committeeman Aagre (abstain) Committeeman Sachs 2 nd Committeewoman Ronchetti Deputy Mayor Belasco Mayor DiNardo 1. PUBLIC HEARING ON A GREEN ACRES GRANT APPLICATION FOR A MULTI-PARK IMPROVEMENT PROJECT Published in Asbury Park Press, issue of November 20, Proof on file. Hearing scheduled for December 16, Hearing: Motion to close hearing: Offered: 2 nd Voice vote: Ordinance Hearings: 1. AN ORDINANCE OF THE TOWNSHIP OF HAZLET, COUNTY OF MONMOUTH, AND STATE OF NEW JERSEY, AMENDING SECTION PERMIT PARKING OF THE TOWNSHIP OF HAZLET CODE TO RESTRICT PARKING ON REVERE COURT, CONCORD DRIVE AND BUNKER HILL ROAD FOR ITS ENTIRE LENGTH AT CERTAIN DESIGNATED TIMES WHEN SCHOOL IS IN SESSION Introduced: December 2, Published in The Asbury Park Press, issue of December 5, Proof on file. Posted in Town Hall December 3, Hearing to be held December 16, 2014.

3 Hearing: Motion to close hearing: Offered 2 nd Voice vote: Action of Committee: (Adopt ) (Reject ) (Other ) Offered Roll Call: Committeeman Aagre Committeeman Sachs 2 nd Committeewoman Ronchetti Deputy Mayor Belasco Mayor DiNardo 2. AN ORDINANCE OF THE TOWNSHIP CODE OF THE TOWNSHIP OF HAZLET ABOLISHING THE JOINT MUNICIPAL COURT OF HAZLET, KEYPORT AND MATAWAN Introduced: December 2, Published in The Asbury Park Press, issue of December 5, Proof on file. Posted in Town Hall December 3, Hearing to be held December 16, Hearing: Motion to close hearing: Offered 2 nd Voice vote:

4 Action of Committee: (Adopt ) (Reject ) (Other ) Offered Roll Call: Committeeman Aagre Committeeman Sachs 2 nd Committeewoman Ronchetti Deputy Mayor Belasco Mayor DiNardo 3. AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 24-1 ET SEQ. OF THE TOWNSHIP CODE OF THE TOWNSHIP OF HAZLET ABOLISHING THE JOINT MUNICIPAL COURT AND ESTABLISHING THE MUNICIPAL COURT OF HAZLET TOWNSHIP Introduced: December 2, Published in The Asbury Park Press, issue of December 5, Proof on file. Posted in Town Hall December 3, Hearing to be held December 16, Hearing: Motion to close hearing: Offered 2 nd Voice vote: Action of Committee: (Adopt ) (Reject ) (Other ) Offered Roll Call: Committeeman Aagre Committeeman Sachs 2 nd Committeewoman Ronchetti Deputy Mayor Belasco Mayor DiNardo

5 Resolutions, Motions and Appointments: Resolutions #355 through #356 are by Consent Agenda. All matters listed under Consent Agenda are considered to be routine by the Township Committee and will be enacted by one motion. There will be no separate discussions of these items. If discussion is desired by the Mayor or any member of the Township Committee, that item will be removed and will be considered separately. Advance copies of each resolution have been given to each Committee Member. The original resolutions are with the Municipal Clerk for inspection as listed below Issuance of Raffle RL-4031 to the Holmdel Foundation for Educational Excellence (HFEE) and RL-4032 to A Child s Place Scholarship Fund Inc Refund of zoning permit fees for 6 Stephen Street. Offered Roll Call: Committeeman Aagre Committeeman Sachs 2 nd Committeewoman Ronchetti Deputy Mayor Belasco Mayor DiNardo 357. Payment Estimate number 3 for Jads Construction Company for the 2014 Road Improvement Project. Offered Roll Call: Committeeman Aagre Committeeman Sachs 2 nd Committeewoman Ronchetti Deputy Mayor Belasco Mayor DiNardo 358. Amending Resolution #348 (Donation of sick and personal time). Offered Roll Call: Committeeman Aagre Committeeman Sachs 2 nd Committeewoman Ronchetti Deputy Mayor Belasco Mayor DiNardo

6 Payment of Bills: Advance bill lists having been supplied to each Committee Member. Offered Roll Call: Committeeman Aagre Committeeman Sachs 2 nd Committeewoman Ronchetti Deputy Mayor Belasco Mayor DiNardo Citizens Hearing: Motion to close hearing: Offered 2 nd Voice Vote: Motion to adjourn: Offered 2 nd Voice Vote: Time:

7 AN ORDINANCE OF THE TOWNSHIP OF HAZLET, COUNTY OF MONMOUTH, AND STATE OF NEW JERSEY, AMENDING SECTION PERMIT PARKING OF THE TOWNSHIP OF HAZLET CODE TO RESTRICT PARKING ON REVERE COURT, CONCORD DRIVE AND BUNKER HILL ROAD FOR ITS ENTIRE LENGTH AT CERTAIN DESIGNATED TIMES WHEN SCHOOL IS IN SESSION WHEREAS, municipalities are empowered to make, amend, repeal and enforce ordinances pursuant to N.J.S.A. 40:48-1, et. seq.; and WHEREAS, it is the desire of Hazlet Township to amend the Hazlet Township Code in order to require permit parking only on Revere Court, Concord Drive and Bunker Hill Road at certain designated times when school is in session; NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Hazlet, County of Monmouth, State of New Jersey, that Hazlet Township Code Section no stopping or standing on certain streets, shall be amended to include the following: Section: 1 Name of Street Side Hours Location Revere Court Both 7:00 a.m. to 2:00 p.m., Entire length Monday through Friday, when school is in session Concord Drive Both 7:00 a.m. to 2:00 p.m., Entire length Monday through Friday, when school is in session Bunker Hill Road Both 7:00 a.m. to 2:00 p.m., Entire length Monday through Friday, when school is in session

8 Section: 2 All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed. Section: 3 If any section, subsection, sentence, clause, phrase or a portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section: 4 by law. This Ordinance shall become effective after second reading and publication as required

9 HAZLET TOWNSHIP MONMOUTH COUNTY, NEW JERSEY 24-1 JOINT MUNICIPAL COURT OF HAZLET, KEYPORT AND MATAWAN ABOLISHED Effective January 1, 2015 or upon the approval of the Joint Municipal Court of Hazlet Township and Matawan by the State of New Jersey Administrative Office of the Courts, the Joint Municipal Court of Hazlet, Keyport and Matawan is hereby abolished and Sections 24-1 through of the Code of the Township of Hazlet are hereby repealed in their entirety and replaced by the following new section establishing the Joint Municipal Court of Hazlet Township and Matawan Borough EFFECTIVE DATE OF ABOLISHMENT; TRANSFER OF PENDING MATTERS The Joint Municipal Court shall be abolished and this chapter shall be effective on the latter of January 1, 2015, or upon approval of the Joint Municipal Court of Hazlet and Matawan by the State of New Jersey Administrative Office of the Courts, and after due notice is given set forth in All summonses and other appropriate matters issuing or arising from the Township of Hazlet and the Borough of Matawan shall be processed in the Joint Municipal Court on and after the latter of January 1, 2015, or upon approval of the Joint Municipal Court of Hazlet and Matawan by the State of New Jersey Administrative Office of the Courts, which remain pending NOTICE Notice of repeal and abolishment of the Joint Municipal Court of Hazlet, Keyport and Matawan and establishment of the Joint Municipal Court of Hazlet and Matawan shall be given in writing to the Administrative Offices of the Courts and the Assignment Judge of the Monmouth Vicinage in writing and posted in the municipal buildings of the participating municipalities in a location where public notices are normally posted JOINT MUNICIPAL COURT DESIRED BY PARTICIPATING PARTIES The Mayor and governing bodies of the participating municipalities desire to establish a single Joint Municipal Court to be located in the Township of Hazlet APPROVAL OF SHARED SERVICES AGREEMENT The Township of Hazlet hereby approves and agrees to the terms of the Shared Services Agreement for the Establishment of a Joint Municipal Court Between the Township of Hazlet and Borough of Matawan, to be incorporated herein by reference and expressly authorizes the Mayor and Clerk of the Township of Hazlet to execute the agreement on behalf of the Township.

10 24-6 JOINT MUNICIPAL COURT ESTABLISHED Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the Joint Municipal Court of Hazlet and Matawan is hereby established OFFICIAL SEAL The Municipal Court of Hazlet Township shall have an official seal which shall bear the impress of the name of the Court MUNICIPAL JUDGE COURT; APPOINTMENT AND JURISDICTION In accordance with N.J.S.A. 2B:12-4, the Judge of the Joint Municipal Court shall be appointed by the Governor with the advice and consent of the Senate and shall have the qualifications required by law and shall serve for a term of three years from the date of his/her appointment and until his/her successor has been appointed and has qualified. The compensation of a judge shall be an annual salary as is now or hereinafter may be provided by ordinance and in accordance with the terms of the Shared Services Agreement for the Establishment of a Joint Municipal Court between the Township of Hazlet and the Borough of Matawan TERRITORIAL JURISDICTION The territorial jurisdiction of the Joint Municipal Court shall be coextensive with the territory of the Township of Hazlet and Borough of Matawan MUNICIPAL COURT ADMINISTRATOR There shall be a Municipal Court Administrator who shall be appointed as provided by this chapter and in accordance with the terms of the Shared Services Agreement for the establishment of a Joint Municipal Court between the Township of Hazlet and the Borough of Matawan MUNICIPAL PROSECUTOR The Joint Municipal Court Prosecutor shall be appointed in the manner provided by this chapter and in accordance with the terms of the Shared Services Agreement for the establishment of a Joint Municipal Court between the Township of Hazlet and the Borough of Matawan. The Municipal Prosecutor shall have jurisdiction, powers and duties prescribed by N.J.S.A 2B:25-1 et seq MUNICIPAL PUBLIC DEFENDER A. Appointment. The Joint Municipal Court public defender shall be appointed in the manner provided by this chapter and in accordance with the terms of the Shared Services Agreement for the establishment of a Joint Municipal Court between the Township of Hazlet and the Borough of Matawan.

11 B. Representation. Any person applying to the Joint Municipal Court for representation by a Municipal Public Defender shall, in accordance with N.J.S.A. 2B:24-1 et seq., pay an application fee of not more than $200, but only in an amount determined by the Municipal Court judge necessary to pay the costs of the municipal public defender services. The Municipal Court may waive said application fee in whole or in part if the court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation. Said determination shall be made in accordance with the applicable provisions under the law REPEALER All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provision of this chapter are hereby repealed in their entirety SEVERABILITY If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the remainder of this chapter shall not be affected and shall remain in full force and effect WHEN EFFECTIVE This chapter shall take effect on January 1, 2015 or as authorized by the New Jersey Administrative Office of the Courts or as otherwise provided by law and upon adoption of a substantially similar ordinance by the Borough of Matawan.

12 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 24-1 ET SEQ. OF THE TOWNSHIP CODE OF THE TOWNSHIP OF HAZLET ABOLISHING THE JOINT MUNICIPAL COURT AND ESTABLISHING THE MUNICIPAL COURT OF HAZLET TOWNSHIP WHEREAS, on November 21, 2011 a Shared Services Agreement ( Agreement ) was entered into for the establishment of a Joint Municipal Court among the Township of Hazlet, the Borough of Keyport and the Borough of Matawan; and WHEREAS, N.J.S.A. 2B:12-1 provides for the establishment and abolition of Joint Municipal Courts; and WHEREAS, the Agreement Section III Term of Agreement Part C allows one or more municipalities to withdraw from the Agreement under certain conditions inclusive of one year written notice to the Joint Municipal Court of Hazlet, Keyport and Matawan and the Municipal Clerks of the other municipalities; and WHEREAS, Keyport has exercised its rights under the Agreement to withdraw from the Joint Municipal Court of Hazlet, Keyport and Matawan effective January 1, 2015; and WHEREAS, there is no requirement under the Agreement that the remaining municipalities shall continue the arrangement of a Joint Municipal Court; and WHEREAS, the Joint Municipal Court of Hazlet, Keyport and Matawan currently operates out of the Hazlet Township Municipal Building; and WHEREAS, in accordance with N.J.S.A. 2B:12-1 et seq. every municipality shall establish a municipal court; and WHEREAS, it is the intention of Hazlet Township to establish a municipal court as a single municipality; and WHEREAS, it is the intention of the Township Committee of the Township of Hazlet to abolish the Joint Municipal Court of Hazlet, Keyport and Matawan.

13 NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Hazlet, County of Monmouth, State of New Jersey, that Chapter 24-1 through Chapter of the Township Code of the Township of Hazlet shall be vacated in its entirety and replaced as follows: Section 1: 24-1 JOINT MUNICIPAL COURT ABOLISHED Effective January 1, 2015 or upon the approval of the Municipal Court of Hazlet Township by the State of New Jersey Administrative Office of the Courts, the Joint Municipal Court of Hazlet, Keyport and Matawan is hereby abolished and Sections 24-1 through of the Code of the Township of Hazlet are hereby repealed in their entirety and replaced by the following new section establishing the Municipal Court of Hazlet Township. Section 2: 24-2 THE MUNICIPAL COURT OF HAZLET TOWNSHIP ESTABLISHED Pursuant to the provisions of N.J.S.A. 2B:12-1 et seq., the Municipal Court of Hazlet Township is hereby established. Section 3: 24-3 OFFICIAL SEAL The Municipal Court of Hazlet Township shall have an official seal which shall bear the impress of the name of the Court. Section 4: 24-4 PLACE OF COURT The Municipal Court of Hazlet Township shall be conducted in the Hazlet Township Municipal Court located at 255 Middle Road, Hazlet, New Jersey.

14 Section 5: 24-5 JUDGE OF MUNICIPAL COURT; TERM OF OFFICE; QUALIFICATIONS; APPOINTMENT a. There shall be a municipal judge of the municipal court appointed by the Township Committee. The municipal judge shall serve for a term of three (3) years from the date of appointment and until a successor shall be appointed and qualified. b. The municipal judge shall have and possess the qualifications and shall have, possess and exercise all the functions, duties, powers and jurisdiction conferred upon a judge of a municipal court pursuant to N.J.S.A 2B:12-1 et seq., as amended and supplemented, or by general law or ordinance. Section 6: 24-6 MUNICIPAL JUDGE COMPENSATION A judge of the municipal court shall be compensated by an annual salary as established by the Township Committee. This compensation is in lieu of any and all other fees pursuant to N.J.S.A 2B:12-1 et seq. Section 7: 24-7 MUNICIPAL COURT JUDGE JURISDICTION; POWERS; DUTIES The municipal court judge shall have, possess and exercise all the jurisdictions, powers, functions and duties which are or may be conferred by law and the applicable rules of the Supreme Court of New Jersey in accordance with N.J.S.A 2B:12-1 et seq., as amended and supplemented or by general law or ordinance. Section 8: 24-8 COURT ADMINISTRATOR; TERMS; APPOINTMENT; DUTIES There shall be a Court Administrator who shall be appointed by the Township Committee. The Court Administrator shall serve for a term of three (3) years from January 1 st of the year in which he or she is appointed and until a successor is appointed and qualified. The Court Administrator shall receive such compensation as established by the Township Committee. The Court Administrator shall supervise and administer the work of the municipal court, subject to the direction of the judge of the municipal court and applicable statutes and court rules and act as the clerk of said court according to statute and the Rules of Court in accordance to N.J.S.A 2B:12-1 et seq.

15 Section 9: 24-9 SUPPORT STAFF The Municipal Court of Hazlet township support staff shall be appointed by the Township Committee in accordance with the needs of the Township of Hazlet Municipal Court and at such compensation to be established by the Township Committee. Section 10: OFFICE OF THE MUNICIPAL PROSECUTOR; POSITION CREATED et seq. There is hereby created the position of Municipal Prosecutor pursuant to N.J.S.A 2B:25-1 Section 11: QUALIFICATIONS The Municipal Court Prosecutor shall be an attorney-at-law of the State of New Jersey in good standing. Section 12: APPOINTMENT AND TERM OF OFFICE The Municipal Court Prosecutor shall be appointed by the Township Committee. He or she shall serve for a term of one (1) year and until his or her successor is appointed and qualified pursuant to N.J.S.A 2B:25-1 et seq. Section 13: DUTIES The municipal court prosecutor shall exercise the powers and duties assigned to such office pursuant to N.J.S.A 2B:25-1 et seq. and any other applicable statutes and rules of court of the State of New Jersey. Section 14: COMPENSATION The Municipal Court Prosecutor shall be compensated in accordance with the professional services contract as approved by resolution of the Township Committee. The compensation shall be in lieu of any and all other fees; provided however, that when the Municipal Prosecutor is assigned to prosecute a de novo appeal in Superior Court, the Prosecutor

16 shall be entitled to additional compensation unless the municipality expressly provides otherwise at the time the compensation is fixed pursuant to N.J.S.A 2B:25-1 et seq. Section 15: MUNICIPAL PUBLIC DEFENDER; POSITION CREATED There is hereby created the position of Municipal Public Defender pursuant to N.J.S.A 2B:24-1 et seq. Section 16: QUALIFICATIONS The Municipal Public Defender shall be an attorney-at-law of the State of New Jersey in good standing pursuant to N.J.S.A 2B:24-1 et seq. Section 17: APPOINTMENT AND TERM OF OFFICE The Municipal Public Defender shall be appointed by the Township Committee. He or she shall serve for a term of one (1) year and thereafter until his or her successor has been appointed and qualified pursuant to N.J.S.A 2B:24-1 et seq. Section 18: DUTIES It shall be the duty of the Municipal Public Defender to represent, except in the case of temporary unavailability or conflict of interest, any defendant charged with an offense in municipal court who is an indigent municipal defendant entitled to representation pursuant to N.J.S.A 2B:24-1 et seq. Section 19: COMPENSATION The Municipal Public Defender shall be compensated in accordance with the Professional Services Contract as approved by Resolution of the Township Committee. The compensation of a Municipal Public Defender for services rendered pursuant to law shall be in lieu of any and all other compensation by the municipality. The Municipal Public Defender shall be entitled to additional compensation for an appeal in the Superior Court unless the municipality expressly provides otherwise at the time compensation is fixed pursuant to N.J.S.A 2B:24-1 et seq.

17 Section 20: APPLICATION FEE Pursuant to N.J.S.A 2B:25-1 et seq., the Township of Hazlet shall require anyone applying for representation by the municipal public defender to pay an application fee of not more than $ the municipal court may waive any required application fee in whole or in part, if the Court determines in its discretion, that the application fee represents an unreasonable burden on the person seeking representation. The municipal court may permit a person to pay the application fee over a specific period of time not to exceed four (4) months N.J.S.A 2B:25-1 et seq. Section 21: REPEALER All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provision of this chapter are hereby repealed in their entirety. Section 21: SEVERABILITY If any provision of this chapter or the application of this chapter to any person or circumstances is held invalid, the remainder of this chapter shall not be affected and shall remain in full force and effect. Section 23: WHEN EFFECTIVE This chapter shall take effect on January 1, 2015 or as authorized by the New Jersey Administrative Office of the Courts or as otherwise provided by law.

18 RESOLUTION BE IT RESOLVED by the Township Committee of Hazlet Township that the Municipal Clerk be and is hereby authorized to issue the following Raffle License: RL-4031 Holmdel Foundation for Educational Excellence (HFEE) RL-4032 A Child s Place Scholarship Fund Inc. CERTIFICATION I, EVELYN A. GRANDI, Municipal Clerk of Hazlet Township do hereby certify that the foregoing is a true copy of a Resolution duly passed and adopted by the Township Committee at its meeting held on the 16 th day of December, Evelyn A. Grandi Municipal Clerk

19 RESOLUTION WHEREAS, the Department of Zoning of the Township of Hazlet, in the County of Monmouth, State of New Jersey, collected monies for a zoning permit; and WHEREAS, said monies have been received from the following and were deposited into the Township s Current Fund under Fees and Permits; and WHEREAS, the work was cancelled. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Township Committee that the Chief Financial Officer be authorized to return such fees; and BE IT FURTHER RESOLVED that the Municipal Clerk forward a certified copy of this resolution to the applicant and to the Finance Office. APPLICANT AMOUNT OF REFUND Griselda Breton-Dalmau $ Stephen Street Hazlet, NJ CERTIFICATION I, EVELYN A. GRANDI, Municipal Clerk of Hazlet Township, do hereby certify that the foregoing is a true copy of a Resolution duly passed and adopted by the Township Committee at its meeting held on the 16 th day of December, Evelyn A. Grandi Municipal Clerk

20 RESOLUTION BE IT RESOLVED by the Township Committee of Hazlet Township that the Engineer be and is hereby authorized to execute Progress Payment Estimate No. 3 from Jads Construction Company, Inc. for the 2014 Road Improvement Program in the amount of $479, CERTIFICATION I, EVEYLN A. GRANDI, Municipal Clerk of Hazlet Township do hereby certify that the foregoing is a true copy of a Resolution duly passed and adopted by the Township Committee at its meeting held on the 16 th day of December, Evelyn A. Grandi Municipal Clerk

21 RESOLUTION WHEREAS on December 2, 2014 Resolution #348 (Donation of sick and personal time) was adopted; and WHEREAS the hours of donated time were incorrect; and WHEREAS it is the desire of the Township Committee to amend same. BE IT RESOLVED by the Township Committee of Hazlet Township that the following people have offered to donate their personal and or sick time to John Keith Brand: Ken Larity 80 hours sick time Rob Santasieri 40 hours sick time Matt Pendle 8 hours sick time Sal Coppola 20 hours sick time Joe Saraiva 40 hours sick time David Rooke - 32 hours personal time and 6.25 sick time Sharon Keegan 35 hours sick time clerk. BE IT FURTHER RESOLVED that a copy of this resolution be given to the payroll CERTIFICATION I, EVELYN A. GRANDI, Municipal Clerk of Hazlet Township do hereby certify the foregoing is a true copy of a resolution duly passed and adopted by the Township Committee at its meeting held on the 16 th day of December, Evelyn A. Grandi Municipal Clerk