A Regular Meeting of the Township Committee of Middletown Township was held in the Main Meeting Room at Town Hall, One Kings Highway, Middletown, New Jersey at 8:00 p.m. on August 17, 2015. Deputy Township Clerk Melissa Hesler called the meeting to order and read the following notice: The Notice Requirements provided for in the Open Public Meetings Act have been satisfied. Notice of this meeting was proper ly given by transmission to The Star Ledger, The Independent and Two River Times and by posting at the Middletown Township Municipal Building and filing with the Township Clerk all on January 9, 2015. Also present were Township Administrator Anthony Mercantante, Assistant Administrator Jim VanNest, Township Attorney Brian Nelson, CFO Colleen Lapp, Township Engineer and Director of Public Works Ted Maloney and Deputy Township Clerk Melissa Hesler. PLEDGE OF ALLEGIANCE Deputy Township Clerk Hesler led the assembly in the Pledge of Allegiance. Deputy Township Clerk Hesler requested a moment of silence to honor the troops serving worldwide defending our freedoms and way of life. ADMINISTRATION OF OATH OF OFFICE Swearing in of Patrolman - Ryan P. Maguire Mayor Murray invited Ryan P. Maguire to the podium to be administered the following oath: I, Ryan P. Maguire. do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of New Jersey and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this state, under the authority of the people, and I do swear to faithfully, impartially and justly perform all the duties of the rank of Middletown Township Police Officer according to the best of my ability. So help me God. Mayor Murray Congratulated Officer Maguire on his appointment. Swearing in of 2015 Police Auxiliary Graduates Mayor Murray invited Joseph Andrew Cahill, Cortney Nicole Skourpa, Ryan Joseph Winthers and Ashley Lo Ren Miller to the podium to be administered the following oath: 1
I, (Name) do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of New Jersey and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this state, under the authority of the people, and I do swear to faithfully, impartially and justly perform all the duties of the rank of Mi ddletown Township Police Auxiliary according to the best of my ability. So help me God. Police Chief Weber invited Officer Brian McGrogan and his K-9 Partner Jax to come forward for introduction. Chief Weber stated that Jax is a blood hound and will be used as a tracking dog and will complete his training in Ocean County. Jax was acquired through private donations. CERTIFICATE OF APPRECIATION/PROCLAMATION Recognition of 2015 Community Emergency Response Team Graduates: Deputy Clerk Hesler invited Bonnie Isaksen, Ronald Mitarotondo, Nancy Newcombhill and John Pittner to come forward to receive their certif icates of recognition. Mayor Murray read the certificate commending them on their successful completion of the 2015 Community Emergency Response Team training program and wished them luck in their future endeavors. Charlie Rogers, Director of the Office of Emergency Management welcomed the new team graduates and offered congratulations to each of them. Proclamation Recognizing Chicago Blackhawks Defenseman Trevor van Reimsdyk for Winning the Stanley Cup PROCLAMATION OFFICE OF THE MAYOR Trevor van Riemsdyk Chicago Blackhawks WHEREAS: Middletown native Trevor van Riemsdyk was a standout player at Christian Brothers Academy before going to New Hampshire to play junior hockey and college hockey, and WHEREAS: Trevor made his National Hockey League debut on October 9, 2014 as a Chicago Blackhawks defenseman playing against the Dallas Stars, and WHEREAS: Trevor won his first Stanley Cup less than a year later when the Chicago Blackhawks beat the Tampa Bay Lightning on June 15, 2015, and WHEREAS: The Mayor and Township Committee wish to thank Blackhawks Defenseman Trevor Van Riemsdyk for bringing the prestigious Stanley Cup home to Middletown. You are an inspiration to Middletown s many hockey fans and players, and 2
THEREFORE: I, Mayor Stephanie C. Murray and the Middletown Township Committee wish to take this opportunity on Thursday, July 30, 2015 to congratulate Chicago Blackhawks Defenseman Trevor van Riemsdyk on winning the Stanley Cup. We are proud that you are Middletown s own. On behalf of all of Middletown Township, we wish you continued success. We look forward to your next visit with the Stanley Cup! Proclamation Declaring September 2015 National Alcohol and Drug Addiction Recovery Month PROCLAMATION OFFICE OF THE MAYOR National Alcohol and Drug Addiction Recovery Month September 2015 WHEREAS: Among people aged 12 or older, 21.6 million people were classified with substance dependence or abuse in the past year, and WHEREAS: An estimated 8.7 million, or 22.7 percent, of underage persons (aged 12 to 20) were current drinkers in 2013, including 5.4 million, or 14.2 percent, binge drinkers and 1.4 million, or 3.7 percent, heavy drinkers, and WHEREAS: By 2020, mental and substance use disorders will surpass all physical diseases as a major cause of disability worldwide. The first behavioral health symptoms typically precede a mental and/or substance use disorder by two to four years, offering a window of opportunity to intervene early and often, and WHEREAS: In 2013, 72.6 percent of youth aged 12 to 17 reported having seen or heard drug or alcohol prevention messages from sources outside of school. The prevalence of past month illicit drug use in 2013 was lower among youth who reported having exposure to prevention messages compared with youth who did not have such exposure, and WHEREAS: Prevention Works, Treatment is Effective, and People Recover. To help more people achieve and sustain long-term recovery, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and The Township of Middletown, The Middletown Municipal Alliance to Prevent Substance Abuse, and Crossroads invite all residents of Middletown, New Jersey to participate in National Recovery Month. Now THEREFORE: I, Stephanie C. Murray, Mayor, and the Middletown Township Committee hereby proclaim on August 20, 2015 that the month of September 2015 as National Recovery Month in Middletown. 3
We call upon the people of Middletown to join the Voices for Recovery: Visible, Vocal, Valuable! which highlights the value of peer support in educating, mentoring, and helping others. The theme also invites individuals in recovery and their support systems to be catalysts and active change agents in communities, and in civic and advocacy engagements. It encourages individuals to start conversations about the prevention, treatment, and recovery of behavioral health conditions at earlier stages of life. Residents of Middletown are invited to an Addiction and Recovery event to be held on September 19, 2015 at the Monmouth Mall. Alumni of Crossroads Substance Abuse Services are invited to participate in a celebratory event to be held on September 23, 2015. Residents of Middletown are invited to the Alliance Community Rally at Middletown Day on September 26, 2015. Proclamation Declaring September 2015 - Paint the Town Teal Month for Ovarian Cancer Awareness Deputy Clerk Hesler Invited Emily Mackrell to come forward to accept the proclamation. Read the proclamation and presented it to Miss Mackrell. PROCLAMATION OFFICE OF THE MAYOR Turn the Towns Teal September 2014 WHEREAS: Ovarian cancer is called the silent disease because of its symptoms are often vague or subtle, and WHEREAS: Ovarian cancer is the fifth leading cause of cancer death among women and the leading cause of gynecologic cancer death in the United States. Each year, more than 22,000 women are diagnosed with the disease and approximately 16,000 die from it, and WHEREAS: If detected in its early stages, survival from ovarian cancers is 90-95 percent. Yet the five-year survival rate for the disease is only 28 percent, because it is so difficult to detect early, and WHEREAS: September has been designated as National Ovarian Cancer Awareness Month, and WHEREAS: Turn the Towns Teal is a campaign to create awareness of ovarian cancer and its symptoms. This campaign was the inspiration of Gail MacNeil of Chatham, NJ and goes forward in her name and her honor, and WHEREAS: Biodegradable ribbons will be tied on trees and poles throughout Middletown to raise awareness about the disease. Free symptom and information cards will be 4
also placed at local businesses. Now, THEREFORE: I, Mayor Stephanie C. Murray, and the Middletown Township Committee do her eby proclaim that September 2015 is Ovarian Cancer Awareness Month in Middletown Township. Be it further proclaimed that the governing body supports the Turn the Towns Teal Awareness Campaign. APROVAL OF MINUTES Deputy Township Clerk Hesler requested a motion to approve the minutes. It was moved by Mayor Murray, seconded by Committeeman Fiore and carried to adopt the minutes of the following meetings. May 18, 2015 Executive Session May 18, 2015 Regular Meeting June 1, 2015 Executive Session June 1, 2015 Workshop Meeting June 15, 2015 Executive Session June 15, 2015 Regular Meeting July 20, 2015 Executive Session July 20, 2015 Regular Meeting Roll Call Vote: Ayes: Fiore, Scharfenberger, Settembrino, and Mayor Murray Absent: Deputy Mayor Massell Deputy Township Clerk Hesler stated motion carries to approve minutes. PRESENTATIONS Monmouth County 8A/8B Stone Church Intersection Improvements Presentation by Monmouth County Division of Engineering and Traffic and Safety Kevin Nugent and Ralph Cardone of the Monmouth County Division of Engineering and Traffic Safety presented the Township Committee and members of the public with an overview of the proposed changes to the intersection improvements on CR 8A/8B. Mr. Cardone discussed the poor site distance at the five-legged intersection, traffic flow, right-of-way, speed limits and traffic volume. He discussed the proposed roundabout alternative which would offer safety benefits, reduced number of conflict points, slower traffic in all approaches and good geometry and site distance. He explained that at the previous Public Information Session feedback was received from residents regarding a esthetics, safety, speed, local cut-through, left turns at Hartshorne being difficult, site distance issues, trailers, RV s boats maneuvering the roundabout, placement, driveway changes to the Church entrance, Green Acres, Historic Property and Private property issues. Mr. Cardone explained that the proposed intersection would have ADA 5
compliant pedestrian crossings. Mr. Cardone stated that going forward the County is seeking Town Endorsement and support. He stated once that is received the County can begin the Rightof-Way process and State Approvals with the project slated to begin at the end of 2016. Committeeman Settembrino requested clarification of the movement through the intersection. Committeeman Fiore stated that this intersection has been in the making since 2006, it has been a painstaking task and a very dangerous intersection. He thanked the County for the presentation Report on Bond Anticipation Note Sale by CFO Colleen Lapp CFO Colleen Lapp reported to the Township Committee as to the award of Bond Anticipation Notes as required in accordance with the provisions of Local Bond Law N.J.S.A. 40A:2-1 et seq. as a result of Bond Anticipation Notes Series 2015A consisting of $11,921,135 General Improvement Notes and $377,854.00 Tax Appeal Refunding Notes of the Township of Middletown in the County of Monmouth, NJ. Bids were received on August 4, 2015 as follows: Principal Amount of Notes: $12,298,989.00 Interest Rate Per Annum: 1.75% Date of Maturity: August 12, 2016 Purchase Price Received: $12,418,514.00 Name of Purchaser: Oppenheimer & Co. Inc. Date Dated: August 13, 2015 Settlement Date: August 13, 2015 CUSIP Number: 597307LW5 /S/ Colleen Lapp, Chief Financial Officer PUBLIC HEARING OF PROPOSED ORDINANCES Deputy Township Clerk Melissa Hesler read the following ordinance by title: 2015-3144 Ordinance Amending Fees for the Just for Toddlers Program Mayor Murray opened the meeting for public comments. Don Watson, Collinson Drive, Middletown commented on the previous amendments to this ordinance in 2009 and 2001 and questioned what seemed to be an increase of fees by 450%. Township Administrator Anthony Mercantante explained that the previous fees were set by an hourly rate and the numbers in this ordinance reflect a monthly rate. He explained that in comparison with many other Toddler Programs, Middletown is drastically less expensive, and can be paid on a monthly basis. 6
Hearing no further comments from the public, it was moved by Mayor Murray, seconded by Committeeman Scharfenberger to close the public hearing and carried to adopt this ordinance on second and final reading. Deputy Township Clerk Hesler stated motion carried to adopt this ordinance on second and final reading. Deputy Township Clerk Melissa Hesler read the following ordinance by title: 2015-3145 Ordinance Amending Salary Ordinance Mayor Murray opened the meeting for public comments. Hearing no comments from the public, it was moved by Mayor Murray, seconded by Committeeman Fiore to close the public hearing and carried to adopt this ordinance on second and final reading. Deputy Township Clerk Hesler stated motion carried to adopt this ordinance on second and final reading 2015-3146 Ordinance Amending the Code of the Township of Middletown (1996) Chapter 257-24 of Article IV Municipal Parking Lots Mayor Murray opened the meeting for public comments. Hearing no comments from the public, it was moved by Mayor Mur ray, seconded by Committeeman Settembrino to close the public hearing and carried to adopt this ordinance on second and final reading. 7
Deputy Township Clerk Hesler stated motion carried to adopt this ordinance on second and final reading Deputy Township Clerk Melissa Hesler read the following ordinance by title: 2015-3147 Ordinance to Establish EMS Department Mayor Murray opened the meeting for public comments. Don Watson, Collinson Drive Middletown asked what the purpose of this ordinance is. Township Administrator Anthony Mercantante stated that the function is to give organizational oversight to the First Aid Squads and require them to be answerable to the Administrators of the Company. Hearing no further comments from the public, it was moved by Mayor Mur ray, seconded by Committeeman Scharfenberger to close the public hearing and carried to adopt this ordinance on second and final reading. Deputy Township Clerk Hesler stated motion carried to adopt this ordinance on second and final reading INTRODUCTION OF PROPOSED ORDINANCES: 2015-3148 Ordinance Authorizing Updated List of Authorized Street Names Deputy Township Clerk Hesler read the following ordinance by title: ORDINANCE ESTABLISHING UPDATED LIST OF AUTHORIZED STREET NAMES It was moved by Mayor Murray, seconded by Committeeman Scharfenberger to pass this ordinance on first reading. Deputy Clerk Hesler stated motion carried to pass this ordinance on first reading and a pub lic hearing to be held September 8, 2015. 8
Deputy Township Clerk Hesler read the following ordinance by title: 2015-3149 Ordinance Authorizing Title 39 Provisions at Bayshore Village LLC Deputy Township Clerk Hesler read the following ordinance by title: ORDINANCE APPLYING TITLE 39 TO THE BAYSHORE VILLAGE It was moved by Mayor Murray, seconded by Committeeman Settembrino to pass this ordinance on first reading. Deputy Clerk Hesler stated motion carried to pass this ordinance on first reading and a pub lic hearing to be held September 8, 2015. 2015-3150 Ordinance Amending 127-23i of the Code of the Township of Middletown Governing Fees for the Registrar Of Vital Statistics Deputy Township Clerk Hesler read the following ordinance by title: ORDINANCE AMENDING 127-23I OF THE CODE OF THE TOWNSHIP OF MIDDLETOWN GOVERNING FEES FOR THE REGISTRAR OF VITAL STATISTICS It was moved by Mayor Murray, seconded by Committeeman Scharfenberger to pass this ordinance on first reading. Deputy Clerk Hesler stated motion carried to pass this ordinance on first reading and a pub lic hearing to be held September 8, 2015. 9
2015-3151 Ordinance Amending 127-23i of the Code of the Township of Middletown Governing Fees for the Office of the Township Clerk Deputy Township Clerk Hesler read the following ordinance by title: ORDINANCE ESTABLISHING FEE SCHEDULE FOR PASSPORT RELATED APPLICATIONS It was moved by Mayor Murray, seconded by Committeeman Settembrino to pass this ordinance on first reading. Deputy Clerk Hesler stated motion carried to pass this ordinance on first reading and a pub lic hearing to be held September 8, 2015. Public Hearing Grant Application Monmouth County Planning Board For Croydon Hall Synthetic Turf Field Block 682 Lot 4, 5,6, 52, 53 and 54 Deputy Clerk Hesler stated that t he purpose of the public hearing is to offer the general public the opportunity to make suggestions or comments, in writing or in person, concerning Middletown Township s Monmouth County Open Space Grant Application to convert the football field at the Croydon Hall property located at 900 Leonardville Road, Leonardo, NJ 07737, known as Block 682, Lots 4, 5, 6, 52, 53, and 54, from grass to synthetic turf. Mayor Murray opened the meeting to the Public for Comments. William McCormack, Tindall Road discussed a letter written by a resident in Marlboro pertaining to synthetic turf being connected to carcinogens due to the rubber crumbs used in the turf, the environmental concerns due to chemicals being released into the air affecting people, plants and crops and concerns that the fields are used by children. He discussed the use of DDT for mosquito spraying and asbestos which were both used many years ago. They were banned after the known hazards were apparent. He urged the committee to consider whether the turf is really safe before going forward using it on these fields. There being no further comments Mayor Murray moved to close the public hearing and adopt resolution 15-217, this motion was seconded by Committeeman Scharfenberger. 10
15-217 Resolution Authorizing Grant from Monmouth County Planning Board for the Croydon Hall Synthetic Turf Field (Block 682 Lot 4. 5, 6, 52, 53 and 54) WHEREAS, the Monmouth County Board of Chosen Freeholders has approved an Open Space Trust Fund and established a Municipal Open Space Program to provide Program Grant funds in connection with municipal acquisition of lands for County park, recreation, conservation and farmland preservation purposes, as well as for County recreation and conservation development and maintenance purposes; and WHEREAS, the Governing Body of the Township of Middletown desires to obtain County Open Space Trust Funds in the amount of $250,000 to fund the Croydon Hall Synthetic Turf Field Project, located at 900 Leonardville Road, Block 682, Lot 4, 5, 6, 52, 53 and 54; and WHEREAS, the total cost of the project including all matching funds is $2,094,785; and WHEREAS, the Township of Middletown is the owner of and controls the project site. NOW, THEREFORE, BE IT RESOLVED BY the Middletown Township Committee THAT: 1. Anthony Mercantante, Township Administrator, or his successor is authorized to (A) make an application to the County of Monmouth for Open Space Trust Funds, (B) provide additional application information and furnish such documents as may be required for the Municipal Open Space Grants Program and (C) act as the municipal contact person and correspondent of the above named municipality; and 2. The Township of Middletown is committed to this project and will provide the balance of funding necessary to complete the project as described in the grant application in the form of non-county matching funds as required in the Policy and Procedures Manual for the Program; and 3. If the County of Monmouth determines that the application is complete and in conformance with the Monmouth County Municipal Open Space Program and the Policy and Procedures Manual for the Municipal Grants Program adopted thereto, the municipality is willing to use the approved Open Space Trust Funds in accordance with such policies and procedures, and applicable federal, state, and local government rules, regulations and statutes thereto; and 11
4. Anthony Mercantante, or his successor is hereby authorized to sign and execute any required documents, agreements, and amendments thereto with the County of Monmouth for the approved Open Space Trust Fund; and 5. This resolution shall take effect immediately. Resolution 15-218 Payment of Bills: Payment of Bills for August 17, 2015 in the amount of $38,156,763.26. Deputy Township Clerk Hesler requested a motion to adopt Resolution #15-218. It was moved by Mayor Murray, seconded by Committeeman Fiore and carried to adopt the resolution. Deputy Township Clerk Hesler stated the motion carried to adopt resolution 15-218. CONSENT AGENDA Deputy Township Clerk Hesler requested a motion to adopt a consent agenda inclu ding resolutions 15-219 through 15-229 including Bingo and Raffle Applications. It was moved by Mayor Murray, seconded by Committeeman Fiore and carried to adopt the consent agenda: Deputy Clerk Hesler stated the motion carried to adopt the consent agenda. Resolution 15-219 Resolution Authorizing Cancellation of Community Development Mortgage BE IT RESOLVED by the Township Committee of the Township of Middletown that the mortgages of the Township securing the Community Development and Neighborhood Preservation Program loan/grants in connection with the following properties be and hereby are authorized to be canceled because these mortgages have been repaid or expired. 12
Block Lot Borrower Address Amount 216 2 Barbara Houlihan 26 Duchess Ave $1,625.00 BE IT FURTHER RESOLVED that the Mayor and other authorized appropriate and responsible officials including the Township Administrator, the Director of Planning, the Community Development Director, or Township Attorney be and they are hereby authorized and directed to execute on behalf of the Township of Middletown such certifications and other documentation as may be required by the Monmouth County Clerk. BE IT FURTHER RESOLVED that a certified copy of this resolution shall be provided by the Office of the Township Clerk to the following: A. Community Development Resolution 15-220 Authorization Application To The New Jersey Department Of Transportation To Combine The Fiscal Year 2014 And 2015 Grants For The Cooper Road & Main Street Resurfacing Project WHERAS, the Township of Middletown has been awarded a grant in the amount of Two Hundred and Twenty Thousand Dollars ($220,000.00) (Main Street) for the fiscal year of 2014, as well a grant in the amount of Two Hundred and Forty Thousand Dollars ($240,000.00) (Cooper Road) for the fiscal year 2015 from the New Jersey Transportation Trust Fund Authority; and WHEREAS, for reasons of efficiency and economy, the Township of Middletown wishes to combine both the 2014 and 2015 grants into one single project for the purposes of review by the Department of Transportation as well as the solicitation of bids for the project; NOW, THEREFORE, BE IT RESOLVED by the Committee of the Township of Middletown respectfully request that the aforementioned 2014 and 2015 grants be combined into one single project for the purposes of Department of Transportation Review as well as for the solicitation of bids for the Cooper Road and Main Street project. Resolution 15-221 Resolution Authorizing Sale of Property 68 Ironwood Court Affordable Housing Unit WHEREAS, pursuant to the Fair Housing Act, the Township of Middletown (the "Township") has adopted a Housing Element and Fair Share Plan (the "Plan") for the administration of affordable housing units within its borders to protect the Township from builder's remedy litigation; and WHEREAS, the Township purchased an affordable housing unit located at Block 795, Lot 17.05 on the official Tax Map of the Township, commonly known as 68 Ironwood Court, Middletown, New Jersey (the "Unit") from Kristi Freibott for the COAH specified price of $113,559.00 so as to retain the Unit as part of its Affordable Housing Plan; and 13
WHEREAS, the Township has identified a prospective purchaser of the Unit Lyndsay Ganz that meets the income eligibility requirements and consents to purchasing the Unit subject to affordable housing restrictions so as to preserve the Unit as affordable housing unit in the Township's Plan; and WHEREAS, it is the recommendation of the Township's Director of Planning and Township Administrator to sell the Unit for the COAH specified price of $113,559.00 in order to preserve the Unit as affordable housing and recover the associated costs incurred in purchasing the Unit. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown in the County of Monmouth, State of New Jersey, that as the Affordable Housing Authority in accordance with N.J.S.A. 52:27D-325 is authorized to contract and take all necessary actions required to sell the affordable housing unit located at Block 795, Lot 17.05 on the official Tax Map of the Township, commonly known as 68 Ironwood Court, Middletown, New Jersey to Lyndsay Ganz at the COAH specified price of $113,559.00 so as to retain the Unit as part of its Affordable Housing Plan. BE IT FURTHER RESOLVED that the Mayor, Township Clerk and Township Attorney are authorized to execute the appropriate contract and all documents necessary to effectuate the sale of the affordable housing unit as set forth herein. BE IT FURTHER RESOLVED that if any sentence, paragraph or section of this resolution, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action an sentence, paragraph or section of this resolution shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this resolution. BE IT FURTHER RESOLVED that this resolution shall be effective immediately upon passage according to law. Resolution 15-222 Resolution Authorizing a Chapter 159 Additional Item of Funding in the 2015 Budget Post Sandy Zoning Code Enforcement Grant WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount, and WHEREAS, the Township of Middletown has received a $100,000.00 grant from NJ Department of Community Affairs for the Post Sandy Zoning Code Enforcement Grant and wishes to amend its 2015 budget to include this amount as revenue, and 14
WHEREAS, the Post Sandy Zoning Code Enforcement Grant is designed to provide supplemental personnel to municipalities to enforce the zoning code so that storm damaged neighborhoods can be restored to their pre-storm functionality and value NOW THEREFORE BE IT RESOLVED, that the Township Committee of Middletown Township, New Jersey hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2015 budget in the sum of $100,000.00 which is now available as revenue from: New Jersey Department of Community Affairs for the Post Sandy Zoning Code Enforcement Grant and, BE IT FURTHER RESOLVED that a sum of $100,000.00 be and the same is hereby appropriated under the caption of: General Appropriations Operations Excluded from the 3.5 % CAPS Post Sandy Zoning Code Enforcement Grant BE IT FURTHER RESOLVED, that the Chief Financial Officer will forward this resolution to the Director of Local Government Services. Resolution 15-223 Resolution Authorizing Adjustment of Taxes On Block 621, Lot 1 WHEREAS, Block 621, Lot 1 is currently retained by the federal government and in the process of being disposed of by the United States Department of Justice for unpaid federal taxes; and WHEREAS, Block 621, Lot 1 should have been exempted from municipal taxation since January 1, 2013; and WHEREAS, it is recommended by the Tax Assessor and Collector that an adjustment be made to make a correction from January 1, 2013 and release municipal tax liens held by the Township in relation to Block 621, Lot 1 to allow for the federal government s disposition of the property to proceed to be returned to the municipal tax rolls by way of its sale by the federal government. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown in the County of Monmouth, State of New Jersey that the Township s Tax Assessor and Collector are hereby authorized and directed to make necessary adjustments to taxes assessed against Block 621, Lot 1 from January 1, 2013 and forward and authorized to release any municipally held liens against said property. 15
Resolution 15-224 Resolution Amending Resolution 15-71 for State Contract Vendors Additional Vendor WHEREAS, Resolution 15-71 authorized the Township of Middletown to purchase various goods and services from authorized vendors under the State of New Jersey Cooperative Pricing Program 1-NJCP as authorized by N.J.S.A. 40A:11-12 and N.J.A.C. 5:34-77.15; and WHEREAS, in addition to Resolution 15-71 the Township Purchasing Agent has reviewed the use of additional authorized vendors and recommends the utilization of these contracts on the grounds that they represent the best available; and WHEREAS, a list of vendors has been attached hereto showing the additional state contract vendors, state contract numbers and maximum amounts from which purchases may be made during the calendar year 2015. WHEREAS, a list of existing state contract vendors and the amended maximum amounts for which purchases may be made during the calendar year 2015. NOW THEREFORE BE RESOLVED by the Township Committee that the Purchasing Agent on behalf of the Mayor and the Township Administrator as Contracting Agent is hereby authorized to process purchase orders with vendors on the attached list in accordance with the terms of the State Contracts as indicated in amounts not to exceed amount listed for each; and BE IT FURTHER RESOLVED that no certification of funds from the Chief Financial Officer has been attached because these contracts are open-ended pursuant to N.J.A.C. 5:30-11- 10 individual purchase orders will be processed prior to release of the order to the vendor. Resolution 15-225 Resolution Authorizing Purchase of State Mandated In Car Police Camera Systems WHEREAS, recently enacted State laws require that local law enforcement begin implementing the utilization of in vehicle video camera technology; and WHEREAS, the Township wishes to acquire cameras and related equipment for five patrol vehicles under State Contract No. T-01016 from Advanced Electronic Design/Watchguard, 415 Century Parkway, Allen, TX 75013 in the amount of $43,264.00; and WHEREAS, this award under State Contract is recommended by the Chief of Police and Director of MIS; and WHEREAS, a certification of availability of funds has been provided under capital account number C-04-55-915-141-003. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown in the County of Monmouth, State of New Jersey that the Director of MIS and Chief of Police are hereby authorized and directed to secure the purchase of cameras and related equipment for five patrol vehicles under State Contract No. T-01016 from Advanced Electronic Design/Watchguard, 415 Century Parkway, Allen, TX 75013 in the amount of $43,264.00. 16
Resolution 15-226 Resolution Establishing the Department of Recreation Temporary Change Fund, Middletown Day WHEREAS, there is a need to establish a temporary change fund for the Department of Recreation to provide change for Middletown Day only; NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown, County of Monmouth hereby authorizes the establishment of a temporary change fund in the amount of $1,000.00 for the Department of Recreation for Middletown Day only. Resolution 15-227 Resolution Encouraging Display Of American Flag WHEREAS, the American flag is a symbol of freedom recognized across the globe; and WHEREAS, over a million American men and women have died fighting for the flag throughout our history; and WHEREAS, the American flag has been a unifying force during the turmoil and wake of national tragedies, such as the attacks on September 11, 2001; and WHEREAS, there have been a growing number of incidents of desecration of the American flag by protesters on American soil; and WHEREAS, the wanton and callous disrespect shown to our flag is an affront to every patriotic American; and WHEREAS, it is our duty as Americans to defend the flag and speak out against any and all acts of desecration against our flag. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown in the County of Monmouth, State of New Jersey that it calls upon residents, businesses, and government officials to make a conscious effort to permanently display the American flag whenever and wherever possible as a show of solidarity behind our country, veterans and brave military personnel defending our freedoms the world over. Resolution 15-228 Resolution Authorizing Execution Equipment Use Agreement with Mon. County Marshmaster WHEREAS, the Township owns a 2012 Marsh Master II Model 2C ( Equipment ), which is an amphibious vehicle with a rear rotary motor attachment utilized to clear vegetation from streams and waterwa ys which reduces standing water and therefore limits mosquito breeding; and WHEREAS, the Monmouth County Board of Chosen Freeholders has requested to utilized the equipment to enhance the year round efforts of the Commission to control mosquito breeding; and 17
WHEREAS, the Township has agreed to provide the Equipment to the County with the Equipment to be operated by an employee of the County, with the County agreeing to follow the procedures and guidelines for the use, maintenance, and repair of the Equipment and agreeing to cover the costs associated with routine maintenance, repair and replacement; and WHEREAS, pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1, et seq., the Township and County desire to enter into an Equipment Use Agreement which will permit the County to utilize the Equipment as set forth above. NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown, in the County of Monmouth, State of New Jersey, that the Mayor is hereby authorized and directed to execute the Equipment Use Agreement with Monmouth County, attached hereto and made a part hereof, pursuant to the terms and conditions therein. Resolution 15-229 Resolution Authorizing Professional Service General Counsel Affordable Housing Litigation WHEREAS, the New Jersey Supreme Court ruled earlier this year that municipalities seeking to continue to be protected from builders remedy and constitutional compliance claims made under the Mount Laurel Doctrine must now seek relief from the courts due to the New Jersey Council On Affordable Housing s inaction in continuing the necessary administrative processes for the same; and WHEREAS, the Township s General Special Counsel, Archer & Greiner PC, filed a Declaratory Judgment action and a Motion for Temporary Immunity pursuant to the Supreme Court s order on July 8, 2015, therefore, commencing the compliance process under the Supreme Court s decision as was previously authorized by the governing body; and WHEREAS, on January 4, 2015, the governing body adopted Resolution No. 15-002 authorizing a professional services contract with the Township s General Special Counsel to represent the Township in litigation matters on a flat fee basis; and WHEREAS, volume of work required to address these affordable housing matters outside of the former administrative processes that are now in the Court s jurisdiction is far greater than could have been contemplated prior to the Supreme Court s decision; and WHEREAS, the governing body would like the Township s General Special Counsel to continue on these matters, but allow for such affordable housing matters to be billed on an hourly basis, therefore, requiring an amendment to the General Special Counsel s professional services contract with the Township through year end, which can be billed to the Township s affordable housing trust fund. 18
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Middletown in the County of Monmouth, State of New Jersey that the Township Committee hereby authorizes and directs the Township Administrator to execute an amendment to the contract for General Special Counsel, Archer & Greiner PC, 10 Highway 35, Red Bank, New Jersey 07701 to bill for affordable housing compliance matters at a rate of $175 per hour for the period covering the effective date of this Resolution through December 31, 2015. BINGO AND RAFFLES: PTA Holy Cross School 15-106 PTA Holy Cross School 15-107 PTA St. Leo the Great School 15-108 Monmouth Medical Center Foundation 15-110 PTA Port Monnouth 15-68-A New Jersey 9/11 Memorial Foundation 15-111 New Jersey 9/11 Memorial Foundation 15-112 Maria Frangella Fnd. For Colon Cancer Research Inc. 15-113 HABCORE Inc. 15-114 HABCORE Inc. 15-115 American Legion Post # 338 15-116 PTA Navesink Elementary School 15-117 Harmony School PTO 15-118 Harmony School PTO 15-119 Harmony School PTO 15-120 St. Catherines Church 15-121 St. Leo the Great Church 15-122 Middletown Village Parent Faculty Assoc. 15-123 Middletown Village Parent Faculty Assoc 15-124 Middletown Village Parent Faculty Assoc. 15-125 Middletown Village Parent Faculty Assoc. 15-126 Middletown Township Fire Co. # 1 15-127 Middletown Township Fire Co. # 1 15-128 Middletown Township Fire Co. # 1 15-129 Middletown Township Fire Co. # 1 15-130 TOWNSHIP COMMITTEE COMMENTS: Committeeman Settembrino congratulated new police officer Ryan McGuire on his appointment, all of the Police Auxiliary graduates and the 2015 Community Emergency Response team graduates. He commented on the room that was lined with Police Officers and Auxiliary Members and Volunteers who continuously protect our town. 19
Committeeman Fiore congratulated the Police Auxiliary Officers who were sworn into office and explained that their duties are to help the town and Police Department with various duties such as church traffic, fairs, Middletown Day, and other events. They are completely volunteer and do not receive compensation from the Township. It is often hard to differentiate officers in similar uniforms. Their presence allows the Police Department to be on the road to protect the town. He thanked the Auxiliary Officers and stated that they are an invaluable resource. Committeeman Fiore commented on the recent Stanley Cup event, a great day for Middletown. He extended his thanks to T revor Van Riemsdyk and his family for sharing this great accomplishment with our residents, local communities and local officials. Committeeman Fiore commented on the upcoming 3 rd anniversary of Super Storm Sandy, he discussed how the Township leaders went to great lengths to gain knowledge and information to share with residents on how to rebuild. Elevating properly was a very important detail and it was very helpful that FEMA extended the deadline to 6 years, this gives more time for our building department to be sure residents rebuild properly. Committeeman Scharfenberger echoed the comments about the FEMA extension. He commented on the recent events he attended, the annual Ideal Beach Association P icnic and the VFW Picnic. He stated he was proud to attend both events. Mayor Murray commented on the Stanley Cup event and thanked the Van Riemsdyk family for the opportunity for residents and residents from surrounding areas to be able to see the Stanley Cup and meet Trevor Van Riemsdyk at this event. Mayor Murray discussed the upcoming Local Government Day sponsored by the Monmouth County Clerk s Office where residents are encouraged to attend where they will be able to meet the layers of government all in one place at the Middletown Library from 10 am 2 pm. There will be representatives from the Monmouth County Surrogate and Sheriff s Offices, the local Building, Health, Animal Control, Clerk, Administration, Planning, Tax, Assessor, Police Department, and Finance Departments. Mayor Murray also spoke about a similar event sponsored by the CIC Committee called the Neighborhood Spotlight. Local Officials will be on hand in various areas of the Township to meet with the area residents. The first of these events will be held at the Tonya Keller Recreation Center on August 20 th at 10 am, Mayor Murray invited the public to join in the event. Mayor Murray stated that there will be a silent ceremony at the 911 Memorial on September 11 th, and that the Township Clerk s Office will be accepting passport applications beginning September 14 th. PUBLIC COMMENTS: Larry Medich, Millbrook Drive discussed the exorbitant increase in his taxes from last year He stated that he had filed a tax appeal last year and was successful, only to receive this $2300 tax increase for 2015. Committeeman Fiore stated that Mr. Medich has the right to appeal again and explained that every situation is distinct and separate. Mr. Medich stated that after the appeal last year his taxes were reduced but he never received an inspection card. Committeeman 20
Settembrino explained that each of the Township Committee members met with the County Tax Assessor so that we could understood the program exactly. B ased on the current market rate 50% of the homes went down or stayed the same. Committeeman Fiore explained that a comparison cannot be done on square footage alone, differences in upgrades play a part in the evaluation. Township Administrator Anthony Mercantante stated that this year reflected the difference for a five year time frame from 2010 to 2015, each year thereafter changes will be slight. Bill Carl, 38 Pate Drive, Middletown, discussed a letter written to the Mayor and Administrator about the conditions at Harmony Glen Development. He asked that action be taken to move forward to hold the developer s bonds. Mayor Murray informed Mr. Carl that action has been taken against the bond. Township Administrator Anthony Mercantante explained that this ac tion could take a long time, this action becomes a negotiation to complete the project. Committeeman Fiore explained that this is all too common and the result of affordable housing mandates, big builders come in to the area and stop half way through a project leaving unfinished projects. Mr. Carl asked about a time frame. Mr. Mercantante stated the bond was called on Friday, the town is awaiting a response from the bonding company. He stated that the State took away t ools that previously helped towns get projects completed, we are no longer allowed to hold back issuing a Certificate of Occupancy. Further discussion was held about the condition of the property and traffic enforcement on the streets in the development. Dick Faleg y, 43 Pate Drive, Harmony Glen, discussed the false promises made to the residents by Ryan Homes Developer, we were assured he was above board, trust worthy and financially capable, this builder never qualified. Township Administrator Anthony Mercantante explained that the Township had no ability to pick and choose a developer, we have nothing to say about who can build in Middletown. Mr. Falegy discussed safety concerns on Overton, excessive speeding and the number of cars parked on the street. Patty Falegy, 43 Pate Drive, Harmony Glen asked about the developer s obligation to the Township. Brian Nelson, Township Attorney explained that some communities litigated for over ten years. The Township can only hold the developer liable for improvements for two years after the performance bond has been released. Insurance Companies don t pay without a fight. Mr. Nelson stated he couldn t predict how long this could take and doesn t want to make false promises. Township Administrator Anthony Mercantante urged the homeowners to go to the legislators for cha nges. Mr. Mercantante stated that Homeowners Associations have the power to make rules for the development which could include no parking on the street, this would help alleviate the current parking issues. Committeeman Scharfenberger stated that unless the Legislators hear from residents, they don t know a problem exists, he urged the residents to contact their Legislators. Don Watson, 1 Collinson Drive, Middletown asked for an update on the new municipal complex. 21
Township Administrator Anthony Mercantante stated that it is in the design phase, we ve met with the arch itects and finalized drawings should be available by the end of September followed by financial decisions. ADJOURNMENT It was moved by Mayor Murray, seconde d by Committeeman Settembrino and carried to adjourn at 10:15 P.M. Clerk Brunt stated motion carried to adjourn. Respectfully submitted, Approved: Melissa Hesler Deputy Township Clerk Stephanie C. Murray Mayor, Township of Middletown 22