REGULAR MEETING AGENDA - AMENDED MAYOR AND COUNCIL September 4, 2014

Call to Order. REGULAR MEETING AGENDA - AMENDED MAYOR AND COUNCIL September 4, 2014 Statement of Compliance with Open Public Meetings Act: This meeting complies with the Open Public Meeting Act by publication of this location, date and time in the Asbury Park Press and the LINK News on January 9, 2014 and by the posting of same on the municipal bulletin board and Borough Web Site. Flag Salute Roll Call Administrator s Report: Clerk s Report: 1. Consent Agenda: #2014-165 1. Resolution authorizing the payment of bills. #2014-166 2. Resolution authorizing tax refunds due to overpayment #2014-167 3. Resolution rejecting bids for cabling/wiring of police station #2014-168 4. Resolution authorizing application to participate in electronic tax sale pilot program #2014-169 5. Resolution authorizing purchase of Ford F450 for DPW through State Contract #A83560 #2014-170 6. Resolution authorizing purchase of Ford F350 for DPW through State Contract #A83558 T2101 #2014-171 7. Resolution authorizing a Special Events Permit to NJ Ride Against Aids #2014-172 8. Resolution authorizing a Special Events Permit to Twin Lights Ride 9. Approval of the Fire Department membership application of John R. Carroll 10. Approval of the Workshop Minutes of August 7, 2014 11. Approval of the Regular Meeting Minutes of August 7, 2014 12. Approval of the Executive Session Minutes of August 7, 2014 2. Police Report, July 2014 COMMITTEE REPORTS: Parks & Recreation, Councilman Bertekap, Chair Public Works & Engineering, Councilman Gallo, Chair Public Safety, Councilman Irace, Chair #2014-173 1. Resolution seeking Legislators votes to override Governor s veto of Sports Wagering Bill Health & Human Services, Council President Kahle, Chair Finance & Administration, Councilman Lynch, Chair #2014-176 1. Resolution amending the 2014 Capital Budget #935 2. Introduction of a Bond Ordinance providing funds in support of an affordable housing project #2014-174 3. Resolution authorizing an emergency appropriation for Super Storm Sandy costs Planning & Development, Councilman Paglia, Chair #934 4. 2 nd Reading and Public Hearing of an Ordinance Amending Chapter 390 Zoning 1

REGULAR MEETING AGENDA - AMENDED MAYOR AND COUNCIL September 4, 2014 BOROUGH PLANNER 1. Status of Post Sandy Planning Recovery Grant MAYOR MAHON S REPORT: 1. Proclamation September is Hunger Action Month 2. Fort Monmouth 3. Monmouth Park Petitions from the public. Executive Session: #2014-175 1. Resolution authorizing the Governing Body to enter into Executive Session for: Litigation/Potential Litigation N.J.S.A. 10:4-12(b)(7) Fair Share Plan Challenge/COAH Beth McManus, P.P. Fort Monmouth Potential Property Acquisitions or Sales N.J.S.A. 10:4-12(b)(5) Block 88, Lot 35, E. Main Street Draft Appraisal Fort Monmouth Personnel Matters N.J.S.A. 10:4-12(b)(8) DPW retirement and recommendations for reorganization Adjournment. 2

RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING PAYMENT OF BILL LIST FOR SEPTEMBER 4, 2014 RESOLUTION #2014-165 09-04-14 WHEREAS, the Governing Body of the Borough of Oceanport has reviewed the vouchers submitted in support of the bill list dated September 4, 2014. WHEREAS, the Governing Body has determined that the bill list as prepared comports with the vouchers submitted by various vendors; and WHEREAS, the Governing Body has considered the payment of said bills as set forth on the bill list at its public meeting of September 4, 2014 NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Oceanport hereby authorizes payment of all bills on the bill list dated September 4, 2014 subject to the Borough s Chief Financial Officer certifying there is sufficient funds for the payment of same. CERTIFICATION OF FUNDS I, Gregory S. Mayers, Chief Financial Officer, of the Borough of Oceanport, do hereby certify that funds are available for the purpose stated herein. Gregory Mayers, CFO I certify this to be a true copy of Resolution #2014-165

RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING TAX REFUNDS DUE FOR OVERPAYMENTS Resolution #2014-166 09-04-2014 WHEREAS, the following property is due a refund due to an overpayment from the property owner as a result of a successful State Tax Board Judgment; and WHEREAS, the Tax Collector is recommending that the amount of overpayment due be refunded NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Oceanport that the Tax Collector is hereby authorized to refund overpayment due to a double payment from the property owner to the following property owner as follows: Block 37 Lot 2 Block 43 Lot 1 Block 109 Lot 11 Joseph & Lynn Thompson 532 Port au Peck Ave 2012 $1,081.87 2013 623.03 Thomas J & Billie Jo Caruso 47 Wardell Cr 2012 $2,796.89 2013 2,816.00 Carol Smith 89 Horseneck Pt Rd 2012 $ 4,317.24 2013 4,346.74 I certify this to be a true copy of Resolution #2014-166

Resolution #2014-167 09-04-14 RESOLUTION OF THE BOROUGH OF OCEANPORT REJECTING ALL BIDS FOR THE FURNISH AND INSTALL CABLING/WIRING FOR VOICE AND DATA AT THE OCEANPORT POLICE STATION WHEREAS, the Borough advertised for and received bids for the furnish and install of cabling/wiring for voice and data at the Oceanport Police Station, and WHEREAS, the Bid package acknowledged that the Borough reserved the right to reject all proposals submitted; and WHEREAS, the Borough was able to secure a proposal through a State Contract providing the necessary services at a lower cost. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Oceanport that the bids received on August 7, 2014 for the furnish and install of cabling/wiring for voice and data at the Oceanport Police Station are hereby rejected and bid bonds are to be returned. I certify this to be a true copy of Resolution #2014-167 Regular Meeting held Sept. 4, 2014.

RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING APPLICATION TO PARTICIPATE IN PILOT PROGRAM FOR ELECTRONIC TAX SALE Resolution #2014-168 09-04-2014 WHEREAS, NJSA 54:5-19, authorizes electronic tax sales pursuant to rules and regulations to be promulgated by the Director of the Division of Local Government Services; and WHEREAS, the Director of the Division of Local Government Services has promulgated rules and regulations for pilot programs and has approved NJ Tax Lien Investors/RealAuction.com to conduct pilot programs; and WHEREAS, the rules and regulations authorize a municipality to submit an application for participation in the pilot program for an electronic tax sale; and WHEREAS, the participation in an electronic tax sale is an innovative way to provide a greater pool of potential lien buyers, thus creating the environment for a more complete tax sale process; and WHEREAS, it is recommended that Peggy L. Warren, Tax Collector be authorized to complete the necessary application for the Borough of Oceanport to participate in the pilot program for an electronic tax sale; and NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Oceanport, that Peggy L. Warren, Tax Collector, shall and hereby is authorized to complete an application to participate in the electronic tax sale program and submit same to the Director of the Division of Local Government Services. I certify this to be a true copy of Resolution #2014-168

Resolution #2014-169 09-04-14 RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING THE PURCHASE OF A VEHICLES FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, the Department of Public Works (DPW) has a need for a vehicle suitable for the variety of tasks performed by that department including but not limited to snow removal; and WHEREAS, funds were appropriated in the 2014 Capital Budget for the purchase of vehicles for use by DPW; and WHEREAS, a 2014 Ford F-450 4WD REG CAB 141 WB 60 CA XL with options is available through state contract #A83560 with Beyer Ford in accordance with the attached quote. NOW THEREFORE BE IT RESOLVED that the purchase of the aforementioned vehicle for a total price of $52,396.00 is hereby authorized. I certify this to be a true copy of Resolution #2014-169

Resolution #2014-170 09-04-14 RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING THE PURCHASE OF A VEHICLES FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, the Department of Public Works (DPW) has a need for a vehicle suitable for the variety of tasks performed by that department including but not limited to snow removal; and WHEREAS, funds were appropriated in the 2014 Capital Budget for the purchase of vehicles for use by DPW; and WHEREAS, a 2014 Ford F-350 Extended Cab 4WD PICKUP TRUCKS is available through state contract #A83558 t2101 with Cherry Hill Winner Ford in accordance with the attached quote. NOW THEREFORE BE IT RESOLVED that the purchase of the aforementioned vehicle for a total price of $42,719.00 is hereby authorized. I certify this to be a true copy of Resolution #2014-170

RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING A SPECIAL EVENTS PERMIT TO BE ISSUED TO FOSTERING EMPATHY, EASING DESPAIR INC. FOR AN EVENT TO BE HELD SEPTEMBER 27, 2014 WITHIN THE BOROUGH OF OCEANPORT Resolution #2014-171 09-04-2014 WHEREAS, Fostering Empathy, Easing Despair Inc. has made application for a Special Events Permit to hold the 2014 New Jersey Ride Against AIDS with a course that includes portions of Borough roadways; and WHEREAS, as required by ordinance the Police Department has reviewed the application and have recommended that the application be approved. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council that a Special Events Permit be issued to Fostering Empathy, Easing Despair Inc. for the 2014 New Jersey Ride Against AIDS to be held September 27, 2014 in accordance with the application made and recommendation by the Traffic Safety Unit upon receipt of appropriate permit fee to be paid by Applicant. I certify this to be a true copy of Resolution #2014-171

Resolution #2014-172 09-04-2014 RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING A SPECIAL EVENTS PERMIT TO BE ISSUED TO BIKE NEW YORK FOR AN EVENT TO BE HELD SEPTEMBER 28, 2014 WITHIN THE BOROUGH OF OCEANPORT WHEREAS, Bike New York has made application for a Special Events Permit to hold the 2014 Twin Lights Bike Ride with a course that includes portions of Borough roadways; and WHEREAS, as required by ordinance the Police Department has reviewed the application and have recommended that the application be approved. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council that a Special Events Permit be issued to Bike New York for the 2014 Twin Lights Bike Ride in accordance with the application made and recommendation by the Traffic Safety Unit upon receipt of appropriate permit fee to be paid by Applicant. I certify this to be a true copy of Resolution #2014-172

RESOLUTION OF THE BOROUGH OF OCEANPORT URGING LEGISLATORS TO OVERRIDE GOVERNOR CHRIS CHRISTIE S VETO OF THE SPORTS WAGERING BILL (S2250/A3476) Resolution #2014-173 09-04-14 WHEREAS, the New Jersey Legislature has passed legislation (S2250/A3476) which will authorize Sports Wagering at certain locations within the State of New Jersey: WHEREAS, the enactment of said legislation could prove to be beneficial to locations such as Monmouth Park Racetrack WHEREAS, the Governing Body of the Borough of Oceanport previously urged support of said legislation and requested the Governor to sign same; and WHEREAS, Governor Chris Christie has issued an absolute veto of the Sports Wagering Bill; and WHEREAS, the Governing Body of the Borough of Oceanport believes that it would be in the best interest of the Borough to have said veto overridden by the Legislature. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council that the Legislators representing the Borough of Oceanport be urged to vote for the override of the Sports Wagering Bill (S2250/A3476) when it is posted for a vote. BE IT FURTHER RESOLVED, that a copy of this resolution shall be forwarded to the Senator Joseph Kyrillos, Assemblywoman Amy Handlin and Assemblyman Declan O Scanlon. I certify this to be a true copy of Resolution #2014-173 Regular Meeting held September. 4, 2014.

Resolution #2014-174 09-04-2014 RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING AN EMERGENCY APPROPRIATION FOR ADDITIONAL COSTS RELATED TO SUPER STORM SANDY WHEREAS, an emergency has arisen with respect to additional costs related to Hurricane Sandy, and no adequate provision was made in the 2014 budget for the aforesaid purpose, and N.J.S.A. 40A:4-46 provides for the creation of an emergency appropriation for the purpose above mentioned: and WHEREAS, the total amount of emergency appropriations created including the appropriation to be created by this resolution is $ 150,000.00 and three percent (3%) of the total operating appropriations in the budget for 2014 is $ $187,643.67; and WHEREAS, the foregoing appropriation together with the prior appropriations does not exceed the three percent (3%) of the total operating appropriations (including utility operation appropriations) in the budget for 2014. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Oceanport, County of Monmouth (by not less than 2/3 of all governing body members affirmatively concurring) that in accordance with NJS40A:4-48: 1. An emergency appropriation is hereby made for Hurricane Sandy additional costs in the amount of $150,000.00. 2. That said emergency appropriation shall be provided for in full in the 2015 budget, and is requested to be excluded from CAPS, pursuant to NJS 40A:4-45.3.c(1). 3. That an Emergency Note not in excess of the above amount be authorized pursuant to N.J.S.A. 40A:4-48 and in accordance with the provisions of N.J.S.A. 40A:4-51. 4. That such note shall be executed by Chief Financial Officer Gregory Mayers and by Borough Clerk Jeanne Smith. 5. That said note shall be dated on or before December 31, 2014, may be renewed from time to time, and such note and any renewals thereof shall be payable on or before December 31, 2015. 6. That two (2) certified copies of this resolution be filed with the Director of the Division of Local Government Services. I certify this to be a true copy of Resolution #2014-174

RESOLUTION OF THE BOROUGH OF OCEANPORT AUTHORIZING THE GOVERNING BODY TO ENTER EXECUTIVE SESSION Resolution #2014-175 09-04-2014 WHEREAS, the Open Public Meetings Act provides that the Borough Council may go into executive session to discuss matters that may be confidential or listed pursuant to N.J.S.A. 10:4-12; and WHEREAS, it is recommended by the Borough Attorney that the Borough Council go into executive session to discuss matters set forth hereinafter which are permissible for discussion in executive session. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Oceanport that the Council shall go into executive session to discuss the following items: 1. Litigation/Potential Litigation N.J.S.A. 10:4-12(b)(7) Fair Share Plan Challenge/COAH Beth McManus, P.P. Fort Monmouth 2. Potential Property Acquisitions or Sales N.J.S.A. 10:4-12(b)(5) Block 88, Lot 35, E. Main Street Draft Appraisal Fort Monmouth 3. Personnel Matters N.J.S.A. 10:4-12(b)(8) DPW retirement and recommendations for reorganization BE IT FURTHER RESOLVED that formal action may be taken after the Executive Session. I certify this to be a true copy of Resolution #2014-175 Regular Meeting held September 4, 2014

Resolution #2014-176 09-04-2014 RESOLUTION OF THE BOROUGH OF OCEANPORT AMENDING THE 2014 CAPITAL BUDGET WHEREAS, the 2014 capital budget of the Borough of Oceanport was adopted on April 3, 2014, and WHEREAS, it is desired to amend said adopted capital budget, NOW THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Oceanport, in the County of Monmouth, that the following amendments to the adopted 2014 capital budget be made: Capital Budget of the Borough of Oceanport (Current Year Action) 2014 Capital Grants in Aid Project Estimated Improvement and Debt Project Title Number Total Cost Fund Other Funds Authorized Completion of the Borough's G-5 $300,000.00 $15,000.00 $285,000.00 Affordable Housing Plan and Related Expenses Totals - All Projects $1,425,000.00 $56,250.00 $15,000.00 $1,353,750.00 Capital Budget of the Borough of Oceanport 3 Year Capital Program Anticipated Project Schedule and Funding Requirements 2014-2016 Estimated Project Estimated Completion Budget Year Project Title Number Total Cost Time 2014 Completion of the Borough's Affordable G-5 Housing Plan and Related Expenses $300,000.00 2014 $300,000.00 Totals - All Projects $1,425,000.00 - $1,425,000.00 Capital Budget of the Borough of Oceanport 3 Year Capital Program Summary of Anticipated Funding Sources and Amounts 2014-2016 Capital Bonds and Grants in Aid Project Estimated Improvement Notes and Project Title Number Total Cost Fund General Other Funds Completion of the Borough's G-5 $300,000.00 $285,000.00 $15,000.00 Affordable Housing Plan and Related Expenses 2,000.00 Totals - All Projects $1,425,000.00 $56,250.00 $1,353,750.00 $15,000.00 BE IT FURTHER RESOLVED, the Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services, Department of Community Affairs, State of New Jersey, within three days after adoption of these amendments to the 2014 Capital Budget. I certify this to be a true copy of Resolution #2014- approved by the Oceanport Borough Council at the Regular Meeting held September 4, 2014