BOROUGH OF SOUTH TOMS RIVER AGENDA FOR MEETING OF APRIL 16, 2012

BOROUGH OF SOUTH TOMS RIVER AGENDA FOR MEETING OF APRIL 16, 2012 1. Moment of silence 2. Salute to flag 3. Notice of meeting 4. Roll call 5. Approval of the following minutes: a) March 12, 2012 Caucus Meeting Minutes b) March 12, 2012 Closed Session Minutes c) March 19, 2012 Regular Meeting Minutes 6. Ordinances (Public Hearing) a) #2-12 CAP Bank Ordinance 7. Resolutions a) Tax Collector b) Revise Schedule "C" c) Amendment to Budget d) Change Order Mathis Plaza e) Municipal Enlistment in the Military Initiative 8. Permission a) South Toms River First Aid Squad 9. Reading & approval of vouchers for payment 10. Other business 11. Monthly reports 12. Correspondence 13. Public Comments 14. Executive Session 15. Adjournment Respectfully submitted, Elizabeth Sil estri, RMC/MMC Master Municipal Clerk

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, March 12, 2012 at 7:00 pm. Those present were Mayor Champagne; Councilmen Cradle, McCormack, Murray, Ross, Sykes, Williams. Also present Solicitor Ryan. 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 March 19, 2012, which is as follows: Moment of silence, Salute to flag, Notice of meeting, Roll call, Approval of the following minutes:, Presentation of Certificates, Ordinance (Public Hearing), Resolutions, Resignation, Appointments, Permission, Reading & approval of vouchers for payment, Other business, Monthly reports, Correspondence, Public Comments, Executive Session, Adjournment. A motion was made by Councilman Murray seconded by Councilman McCormack to appoint Bart Cook, Esq. as Alternate Prosecutor for the year 2012. The following roll call was taken: FOR: Councilman Cradle, McCounack, Murray, Ross, Sykes, Williams A motion was made by Councilman Sykes seconded by Councilman Murray to appoint Councilman Williams to the Veterans' Affairs Committee. The following roll call was taken: FOR: Councilman Cradle, McCormack, Murray, Ross, Sykes, Williams Mayor Champagne stated that he was starting an Advisory Committee for Education and that he would be on it. Public Comments: Frank Cipriani, 45 Lakeview Drive Introduced two (2) students who would like to ask the Governing Body for permission for a project. The two (2) students asked for permission to use the 88 Acres for a program for Environmental education and nature appreciation. A motion was made by Councilman McCormack seconded by Councilman Murray granting permission for the two (2) students to run a program in the 88 Acres for environmental education and nature appreciation starting tonight and running until January, 2013. The following roll call was taken: FOR: Councilman Cradle, McCormack, Murray, Ross, Sykes, Williams Councilman Cradle presented the Governing Body with the 2012 recycling calendar for their approval. A motion was made by Councilman Cradle seconded by Councilman McCormack to enter into Executive Session. The following roll call was taken: FOR: Councilman Cradle, McCormack, Murray, Ross, Sykes, Williams

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 McCormack seconded by Councilman Cradle to adjourn this meeting. The following roll call was taken: FOR: Councilman Cradle, McCormack, Ross, Sykes, Williams ABSTAIN: Murray Approved: Joseph M. Champagne, Jr., Mayor Elizabeth Silvestri, Clerk

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, March 19, 2012 at 7:00 pm. Those present were Mayor Champagne; Councilmen McCormack, Murray, Ross, Sykes, Williams. Also present Solicitor Ryan Absent: Councilman Cradle 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 Ross seconded by Councilman Sykes to approve the February 14, 2012 Caucus Meeting Minutes and the February 14, 2012 Closed Session Minutes. The following roll call was taken: FOR: Councilman Murray, Ross, Sykes, Williams ABSTAIN: McCormack ABSENT: Cradle A motion was made by Councilman McCormack seconded by Councilman Murray to approve the February 21, 2012 Regular Meeting Minutes and the February 21, 2012 Closed Session Minutes. Susan Lydecker, Councilwoman from Brick Township, spoke to the children present about being the best they could be and encouraged them to work hard and accomplish their goals. At this time Mayor Champagne presented certificates to the following "Students of the Month" from South Toms River Elementary School for the month of February: Brian Celis, David Krautkremer, Cali Svenson-Boyce, Kylie Mudry, Angel Figueroa, Marcus Martinez, Jayden Felder, Marley Cradle, Sieemah Curry, Emily Hanson, Frank Cruz, Angelina Redfern, Wendy Martinez, Lyrik Clark, Maryam Zaman, Cesar Vilchis-Bruno, Elias Suarez, Gia Rivera, Giselle Rodriguez, Lloyd Blair, Luke Widmer, Rachel Singer. A motion was made by Councilman Murray seconded by Councilman McCormack for a brief recess. At this time, Mayor Champagne read the following proclamation: PROCLAMATION WHEREAS, the citizens of the Borough of South Toms River stand firmly committed to promulgating reading as the catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and WHEREAS, the Borough of South Toms River has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is the key to the community's well-being and long-term quality of life; and WHEREAS, NEA's Read Across America, a national celebration of reading will be conducted on March 2, 2012, which would have been the 108th birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and

WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New Jersey State League of Municipalities, the New Jersey Library Association, and their local affiliates across the state to promote reading and adult involvement in the education of our community's students: NOW, THEREFORE, BE IT RESOLVED that I, Joseph M. Champagne, Jr., Mayor of the Borough of South Toms River, County of Ocean, State of New Jersey, along with the members of the Governing Body, calls on the citizens of the Borough of South Toms River to assure that every child is in a safe place reading together with a caring adult on March 2, 2012, AND BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA's Read Across America and Read Across America-NJ and recommits our community to engage in programs and activities to make America's children the best readers in the world. After the Mayor read the title of Ordinance #1-12, "ORDINANCE OF THE BOROUGH OF SOUTH TOMS RIVER, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER XVI OF THE BOROUGH CODE ENTITLED SOLID WASTE MANAGEMENT.", 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 McCormack seconded by Councilman Ross to approve the following Ordinance #1-12 on second reading: #1-12 ORDINANCE OF THE BOROUGH OF SOUTH TOMS RIVER, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER XVI OF THE BOROUGH CODE ENTITLED SOLID WASTE MANAGEMENT. WHEREAS, the Borough has previously established an ordinance section for the use of specialized cans to be provided for garbage in connection with the use of the mechanized trash collection vehicle in the Borough Code Section 16-1.4 a; and WHEREAS, it is necessary for the Borough to order additional specialized cans for pickup by the mechanized trash collection vehicle; WHEREAS, the Borough Council wishes to pass the cost of those cans along to the individual homeowner who may require an additional can or replacement wheel assemblies for said specialized cans. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Borough Council of the Borough of South Toms River, County of Ocean, State of New Jersey, as follows: 1. Borough Code Section 16-1.4 a be and hereby is amended and supplemented as follows: a. Garbage Containers. 1. Garbage and trash cans shall be the specialized cans as provided by the Borough of South Toms River for use with the mechanized trash pickup vehicle. They shall be maintained in a good condition so as not to have any ragged or sharp edges or other defect which might hamper the proper operation of the trash collection system. Each garbage and trash can shall not contain such a quantity of refuse that the lid will not properly close. Replacement cans shall be available for purchase by residents or property owners at a cost of $70.00 per can and replacement wheel mechanisms shall be available for purchase at a cost of $16.00 per can. 2. If any section, subsection, clause, phrase or portion of this ordinance is for any reason declared invalid or unconstitutional by any court or federal or State agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions hereof. 3. All ordinances or resolutions or parts of ordinances or resolutions inconsistent herewith are hereby repealed to the extent of such inconsistency.

4. This ordinance shall become effective upon publication as required by law. A motion was made by Councilman Ross seconded by Councilman Murray to approve the following resolution: WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage to develop new municipal recycling programs and to continue and to expand existing programs; and WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and WHEREAS, a Resolution authorizing this municipality to apply for the 2011 Recycling Tonnage Grant will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Council of the Borough of South Toms River to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of South Toms River hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Oscar Cradle to ensure that the application is properly filed; and BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling. A motion was made by Councilman Sykes seconded by Councilman McCormack to approve the following resolution: A RESOLUTION APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY SAFE AND SECURE COMMUNITIES PROGRAM ADMINISTERED BY THE DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY. WHEREAS, the Boro of South Toms River / South Toms River PD wishes to apply for funding for a project under the Safe and Secure Communities Program, and WHEREAS, the Mayor / Council South Toms River has reviewed the accompanying application and has approved said request, and WHEREAS, the project is a joint effort between the Department of Law and Public Safety and Mayor / Council South Toms River for the purpose described in the application; THEREFORE, BE IT RESOLVED by the Mayor / Council South Toms River that 1. As a matter of public policy South Toms River P. D. wishes to participate to the fullest extent possible with the Department of Law and Public Safety. 2. The Attorney General will receive funds on behalf of the applicant. 3. The Division of Criminal Justice shall be responsible for the receipt and review of the applications for said funds. 4. The Division of Criminal Justice shall initiate allocations to each applicant as authorized.

A motion was made by Councilman Ross seconded by Councilman Murray for a resolution authorizing the Mayor to execute the 2012 Municipal Alliance Agreement. A motion was made by Councilman McCormack seconded by Councilman Ross for a resolution memorializing the Mayor's signature on the Ocean County Pre Disaster Mitigation Planning Grant Notice of Intent. A motion was made by Councilman Ross seconded by Councilman McCormack to approve the following resolution: WHEREAS, the redemption of Tax Sale Certificate #11-00011 on Block 5 Lot 1 assessed to Tradewinds Marina, Inc. 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 $85,582.39 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 19102. Representing Redemption in the amount of $51,582.39 and the Premium of $34,000.00. A motion was made by Councilman Murray seconded by Councilman Ross for a resolution awarding the Lakeview Drive Roadway Improvements project to Johnson Baran Corp. in the amount of 117,107.00. A motion was made by Councilman Sykes seconded by Councilman Williams for a resolution authorizing the Engineer to publish the Notice to Bidders for a new robotic garbage truck. A motion was made by Councilman McCormack seconded by Councilman Murray to approve the following resolution: WHEREAS, the week of April 15 April 21, 2012, has been so proclaimed National Volunteer Week in recognition of the efforts of volunteers across the country; and WHEREAS, the recognition focuses on the outstanding contributions, service and support of volunteers at the local, state, and national levels; and WHEREAS, the Retired and Senior Volunteer Program (RSVP) contributes many hours to support the needs of Ocean County residents; and WHEREAS, the Borough of South Toms River recognizes the support given by all volunteers to the needs of the communities of Ocean County, such as increasing the capacity of agencies and organizations to provide services, increasing the ability of the recipients to lead more productive and independent lives and fostering the concept of service to the community. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of South Toms River, County of Ocean, State of New Jersey, that it hereby proclaims the week of April 15 April 21, 2012, as National Volunteer and honors all of the volunteers of Ocean county for their outstanding service to the communities of Ocean County. BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Ocean County Board of Health, Ocean County Board of Chosen Freeholders, all

County of Ocean municipalities, Corporations for National Service, Retired Senior & Volunteer Program and the Ocean County Board of Social Services. A motion was made by Councilman Ross seconded by Councilman Murray to approve the following resolution: A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF SOUTH TOMS RIVER DECLARING APRIL AUTISM MONTH AND RECOGNIZING APRIL 2, 2012 AS WORLD AUTISM AWARENESS DAY WHEREAS, on December 18, 2007 the United Nations General Assembly adopted Resolution 62/139 declaring World Autism Awareness Day (WAAD) to be celebrated April 2, 2008 in perpetuity; and, WHEREAS, this UN Resolution is one of the few official disease or disorder-specific United Nations Day; and, WHEREAS, this will bring the world's attention to autism, a pervasive disease that affects tens of millions; and, WHEREAS, Autism Awareness Day encourages all states to take measures to raise awareness about autism throughout society and encourages early diagnosis and early intervention; and, WHEREAS, the UN Resolution expresses deep concern at the prevalence and high rate of autism in children in all regions of the world and the consequent developmental challenges; and, WHEREAS, Autism Speaks believes that World Autism Awareness Day will shine a bright light on autism as a growing global health crisis; and, WHEREAS, WAAD activities will help to increase and develop world knowledge of the autism epidemic and will impart information regarding the importance of early diagnosis and early intervention; and, WHEREAS, WAAD will celebrate the unique talents and skills of persons with autism on April 2, 2012 and individuals with autism are warmly welcomed and embraced in community events around the globe. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of South Toms River, in the County of Ocean, State of New Jersey, that bringing together autism organizations all around the world will give a voice to the millions of individuals worldwide who are undiagnosed, misunderstood and looking for help. BE IT FURTHER RESOLVED that a certified copy of the within Resolution be forwarded by the Borough Clerk to the following: 1. Governor Chris Christie 2. 9th, 10th, 12th and 30th District Legislators 3. Ocean County Board of Chosen Freeholders 4. Ocean County Municipalities A motion was made by Councilman Ross seconded by Councilman Williams for a resolution authorizing the CFO to issue a check, not to exceed $10,000.00, to the Cinderella Cheesecake Company upon delivery of the Municipal Alliance cheesecakes. A motion was made by Councilman seconded by Councilman to accept, with regrets, the resignation of Jane Natoli, School Crossing Guard, effective March 8, 2012 and to appoint Stephanie Reti as School Crossing Guard.

A motion was made by Councilman Williams seconded by Councilman Murray to grant permission for the Presbyterian Church of Toms River to utilize Crabbe Point Park for their annual Easter Sunrise Service on Sunday, April 8, 2012 at 6:00 am. A motion was made by Councilman Ross seconded by Councilman McCormack to approve the March voucher list in the amount of $624,868.70 (with a correction to be made on page 3 of the Call Out List under Sanitation S&W regarding Registrar Pay #6 3/16/12) in accordance with the certification provided by the Chief Financial Officer and attested to by the Chief Financial Officer. Monthly reports were given by each Councilman in their respective departments. A motion was made by Councilman McCormack seconded by Councilman Ross for a resolution authorizing Councilman Williams to solicit for quotes to repair the boiler in the Police Department and to repair the ventilation fans in the bathrooms. At this time, the Mayor opened the floor to the public for comment regarding the 2012 Municipal Budget. As there were no comments, the Mayor then closed the floor to the public. A discussion was held regarding the version of the 2012 Municipal Budget that the Governing Body would introduce tonight. Polling of Council as to what percentage COLA increase they would approve: 0%, 1% or 2%? McCormack 1%, Murray 1%, Ross 2%, Sykes 1%, Williams 1% Cradle ABSENT Polling of Council as to which proposed budget they would approve: existing or adjusted? McCormack existing, Murray existing, Ross existing, Sykes existing, Williams existing, Cradle - ABSENT A motion was made by Councilman Ross seconded by Councilman Murray to approve the following ordinance on first reading: #2-12 CALENDAR YEAR 2012 ORDINANCE TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) WHEREAS, the Local Government Cap Law, N.J.S. 40A:4-45.1 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 $29,319.19 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, 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 McCormack seconded by Councilman Murray to approve the following resolution: RESOLUTION FOR CONDUCTING ANNUAL BUDGET EXAMINATION WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination, and WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997, and WHEREAS, pursuant to N.J.A.C. 5:507-2 thru 7.5 the Borough of South Toms River has been declared eligible to participate in the program by the Division of Local Government Services, the Chief Financial Officer has determined that the Borough meets the necessary conditions to participate in the program for the 2012 budget year, so now therefore BE IT RESOLVED, by the Mayor and Council of the Borough of South Toms River that in accordance with N.J.A.C. 5:30-7.6a & b and based upon the Chief Financial Officers certification. The governing body has found the budget has met the following requirements: 1. That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget: a. Payment of interest and debt redemption charges b. Deferred charges and statutory expenditures c. Cash deficit of preceding year d. Reserve for uncollected taxes e. Other reserves and non-disbursement items f. Any inclusions of amounts required for school purposes 2. That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at 40A:4-45.3 et seq. are fully met. (Complies with "CAP" law.) 3. That the budget is in such form arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5. 4. That pursuant to the Local Budget Law a. All estimates of revenue are reasonable, accurate and correctly stated b. Items of appropriation are properly set forth c. In itemization, form, arrangement, and content the budget will permit the exercise of the comptroller function within the municipality. 5. The budget and associated amendments have been introduced, publicly advertised, and adopted in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification. 6. That all other applicable statutory requirements have been fulfilled. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Director of the Division of Local Government Services.

INTRODUCTION OF THE 2012 MUNICIPAL BUDGET A motion was made by Councilman Ross seconded by Councilman McCormack to introduce the 2012 Municipal Budget in the amount of $3,893,946.38. A motion was made by Councilman Sykes seconded by Councilman Williams for a resolution setting the salary for the Land Use Board Secretary, Patricia Reevey at $2,632.00. The following roll call was taken: FOR: Councilman Sykes, Williams AGAINST: McCormack, Murray, Ross ABSENT: Cradle A motion was made by Councilman Ross seconded by Councilman McCormack to approve the following resolution: RESOLUTION OF THE BOROUGH OF SOUTH TOMS RIVER, COUNTY OF OCEAN, STATE OF NEW JERSEY, SETTING THE SALARY OF THE SECRETARY OF THE SOUTH TOMS RIVER LAND USE BOARD. WHEREAS, the Land Use Board of the Borough of South Toms River has appointed Patricia Reevey as Secretary of the Land Use Board for the calendar year 2012; and WHEREAS, it is necessary to set the salary of Patricia Reevey within the range established in the salary ordinance of the Borough of South Toms River. 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. The salary of Patricia Reevey as Secretary to the Land Use Board shall be $2,400.00 per annum. 2. A certified copy of this Resolution shall be provided to: A. South Toms River Land Use Board B. Patricia Reevey C. Steven Gallagher, Chief Financial Officer Public Comments: Steve Gallagher, CFO I want to congratulate the Governing Body on the fine job they did on the budget. Mary Lunny, 112 Attison Avenue When is the next bulk pickup for my area? Rob Krohn, Captain, South Toms River First Aid Squad Thank you for your help and we would like to get together with you for an ambulance for Founder's Day. A motion was made by Councilman Sykes seconded by Councilman Ross to adjourn this meeting. The following roll call was taken: FOR: Councilman Approved: Joseph M. Champagne, Jr., Mayor Elizabeth Silvestri, Clerk