Upper Freehold Township Committee Regular Meeting April 21, 2016

TOWNSHIP OF UPPER FREEHOLD TOWNSHIP COMMITTEE REGULAR MEETING APRIL 21, 2016 www.uftnj.com

"The Heartland of New Jersey"

Mayor Moslowski called the meeting to order at 6:12 p.m. and requested the Clerk to call the roll. The following Committee Members were present: Stephen J. Alexander, Robert Faber, Robert A. Frascella, Ms. LoriSue H. Mount and Mayor Moslowski Jr. Also present at the dais: Dana L. Tyler, Municipal Clerk, Dianne Kelly, CFO/Administrator, Dennis A. Collins Esq. Township Attorney

Following the Flag Salute, the Clerk announced that the Notice requirements of R.S. 10:4-18 for an "Annual Notice" had been satisfied by the publication of the required advertisement in the Asbury Park Press and the Asbury Park Press on January 14, 2016 posting the notice on the Board in the Upper Freehold Township Municipal Building and filing a copy of said notice with the Municipal Clerk.

REPORTS: Committee Liaisons will each provide reports on their respective departments, monthly reports prepared by Department Heads, listed herein, are on file in the office of the Municipal Clerk.  Tax Collector’s – March 2016  Municipal Court Report – March 2016  Treasurer Report – March 2016

CORRESPONDENCE: The following correspondence has been received and is on file in the office of the Municipal Clerk. These items will be kept at the counter for review for the next week.  State of NJ, Department of Transportation – Safe Routes to School Request for Applications  Board of Chosen Freeholders – Adopted Resolution supporting the sitting of the new KC-46A Tanker Aircraft at the Joint Base McGuire-Dix-Lakehurst  NJ Reentry Corporation - 2015 Annual Report  Aqua – Petition for Approval of an Increase in Rates for Water Service and Other Tariff Charges – Public Hearing will be held on April 26, 2016 at 6:00 pm. at the Hamilton Township Free Public Library  Cream Ridge Winery Letter– copy attached  American Diabetes Association – Tour de Cure and Step Out Walk – copy attached ****  Township of Plumsted – Adoption of an ordinance endorsing Assembly Bills regarding certain utility company rights of way, intrastate natural gas pipeline placement and BPU procedures.

Land Use Notices: Upper Freehold Township Committee Regular Meeting April 21, 2016  Cherry, Weber & Associates, PC – Flood Hazard Area Permit Application submitted to NJ Department of Environmental Protection for Improvements to Sharon Station Road  State of NJ, Department of Environmental Protection – Notice of Agricultural Water Use Application – To divert water from 2 existing wells and 2 proposed wells in Upper Freehold Township  State of NJ, Department of Environmental Protection – Intent to Terminate General Permit/Salter’s Mill, NHR, LLC – Blk 27, Lots 14 & 15, replace an existing malfunctioning septic system to service two buildings. The State Department intends to terminate the authorization of Statewide General Permit No. 25

RESOLUTION 89-16 A RESOLUTION AUTHORIZING THE 2016 BUDGET TO BE READ BY TITLE ONLY

The following Resolution was offered by Mr. Alexander, moved and seconded by Dr. Frascella.

WHEREAS, N.J.S. 40A:4-8, as amended by L.2016, c. 95, 14, 2015, provides that the budge may be read by title only at the time of the public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing, a complete copy of the budget has been made available for public inspection, and has been made available to each person upon request.; and

WHEREAS, these two conditions have been met;

NOW, THEREFORE BE IT RESOLVED that the budget shall be read by title only.

ROLL CALL: Recorded Vote: Aye: Alexander Faber Frascella Mount Moslowski Jr.

Nay: None Abstained: None Absent: None

This Resolution was approved by the following vote: Mr. Alexander, aye, Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

Note: In addition to matters listed on this agenda the Township Committee, the executive and legislative body of the Township of Upper Freehold may take any action in the form of a motion on other business as may be deemed necessary.

2 Upper Freehold Township Committee Regular Meeting April 21, 2016

RESOLUTION 90-16 A RESOLUTION CERTIFYING LOCAL EXAMINATION OF THE 2016 UPPER FREEHOLD TOWNSHIP MUNICIPAL BUDGET

The following Resolution was offered by Mr. Alexander, moved and seconded by Dr. Frascella.

WHEREAS, NJSA 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, NJAC 5:30-7 was adopted by the Local Finance Board on February 11, 1997 and

WHEREAS, pursuant to NJAC 5:30-7.2 thru 7.5 the Township of Upper Freehold has been declared eligible to participate in the program by the division of Local Government Services, and the Chief Financial Officer has determined that the Township of Upper Freehold meets the necessary conditions to participate in the program for the 2016 budget year, so now, therefore

BE IT RESOLVED, by the Township Committee of the Township of Upper Freehold that in accordance with NJAC 5:30-7.6a & b and based upon the Chief Financial Officer's 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 NJSA 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 the “CAP” law.)

3. That the budget is in such form, arrangement, and content as required by the Local Budget Law and NJAC 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

3 Upper Freehold Township Committee Regular Meeting April 21, 2016 function within the municipality.

5. The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of NJSA 40A:4-5 shall not prevent such certification.

6. That all other applicable statutory requirements have been fulfilled.

This Resolution was approved by the following vote: Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

Presentation by Auditor Evan Palmer:

Mr. Palmer provided the Township Committee with a presentation regarding the 2016 Municipal Budget. He provided a breakdown of the 2016 Tax Rate for Upper Freehold stating that the Regional School is 74.5% of the budget, Open Space Municipal 2.5%, Municipal 9.4%, and Monmouth County 13.6%. Evan discussed the Summary of the Levy Cap Calculation. There were no questions.

PUBLIC HEARING OF THE 2016 MUNICIPAL BUDGET

Being no comments from the public this portion of the meeting was closed.

Committeeman Faber: The Township Committee works very hard and puts in a lot of time cutting costs and doing their best not to raise taxes. Mr. Faber congratulated Mr. Palmer on a job well done for putting together the presentation.

Committeeman Alexander: The School is a big impact on the budget that people don’t realize. Mr. Alexander stated that the Township Committee doesn’t accept the Township health insurance, no Township cell phones and they don’t put in for mileage. There is no reimbursement to the Township Committee. The Committee does what is needed to run a lean budget. The Township has decreased their borrowing capacity. With the road projects the Township has been very fortunate to get DOT grants, and this has been consistent over the past several years. Mr. Alexander thanked the employees for doing a great job. He commended the Auditor, Dianne and the Township Committee for a good job!

Mayor Moslowski Jr. – Stated that preparing the budget is not an easy job. It is difficult to keep cost down when things are going up. We provide a beautiful community!

RESOLUTION 91-16 A RESOLUTION TO ADOPT THE 2016 MUNICIPAL BUDGET

The following Resolution was offered by Mr. Alexander, moved and seconded by Dr. Frascella/t.

ORDINANCE 277-16 –PUBLIC HEARING

AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 35-300 ENTITLED “ZONING DISTRICTS AND ZONING MAP”, SUBSECTION 35-303 ENTITLED “ ZONING MAP” OF CHAPTER 35 ENTITLED “LAND USE REGULATIONS” OF THE CODE OF THE TOWNSHIP OF UPPER FREEHOLD

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 277-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Dr. Frascella to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

The Township Attorney, Dennis A. Collins, stated that this is only an update to the existing zoning map, making the map more legible. In 2009 the Township Committee didn’t adopt a new map. There seems to be some misconception. Zoning that is in place isn’t changing.

Mayor Westfall, Mayor of the Borough of Allentown – Mayor Westfall stated that the Commerce Park Planned Development Overlay Zone Option shown along the westerly boundary of Allentown Borough is no longer valid. This area was purchased for preservation by Upper Freehold, Allentown and the State of New Jersey and others during the past decade. The Stonebridge Middle School now occupies a portion of this area. The preserved area is now known as Breza Preserve which is a part of the Monmouth Battlefield Park system. A more appropriate designation for the preserved area might be similar to that used for the Crosswick Creek corridor, PEC (Parks, Education and Conservation). The long-planned westerly bypass is shown as a “future road” on the southerly side of Byron Johnson Park, however, it is not shown along its entire pathway including along Ellisdale Road, New Road and through the Breza Road Preserve where, during the implementation of the Breza Road Preserve, Monmouth County obtained an easement for the future implantation of this roadway. The HD or Highway Development zone located between the northeasterly boundary of Allentown

5 Upper Freehold Township Committee Regular Meeting April 21, 2016 Borough and the Interstate Route 195 corridor is an incompatible use for this are relative to the adjoining residential area in Allentown Borough and the need to preserve the historic district setting adjoining the National and State Historic District in Allentown Borough as well as the maintenance of this historic vista, which is environmentally sensitive due the fact that it was a Revolutionary War encampment site. This site is also on the Upper Freehold Scenic Byway which passes through its area.

Committeeman Alexander stated that social media has taken over, there are no changes, this is to provide a clear legible map.

BE IT ORDAINED by the Mayor and Committee of the Township of Upper Freehold, County of Monmouth, and State of New Jersey that Chapter 35 (Land Use regulations) of the General Ordinances of the Township of Upper Freehold is hereby amended or supplemented as follows:

PURPOSE

The purpose of this ordinance is to amend certain provisions to the Township’s Zoning Districts and adopt a new Zoning Map.

Chapter 35 (Land Use regulations)Subsection 35-303 of the General Ordinances of the Township of Upper Freehold is hereby amended or supplemented as follows (new text is double underlined, text to be deleted is struck through and notations to the reader and changes in subparagraph designations either with or without changes to content are italicized):

SECTION 1

Chapter 35 (Land Use Regulations) Subsection 35-303 shall be amended as follows:

35-303 ZONING MAP

The boundaries of the zoning districts and the areas designated for the optional development alternatives are established on the "Zoning Map" of the Township of Upper Freehold, dated September, 2008, January 2016 prepared by T&M Associates which accompanies and is part of this chapter. A. Amendments. 1. Section 35-303 Zoning Map of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to reflect including Block 38 Lot 1.17 along County Route 539 and Burlington Path Road to the CC District and a sub-area map is attached hereto and made part of this chapter.*

6 Upper Freehold Township Committee Regular Meeting April 21, 2016 (Ord. No. 34-97 § 81-303; Ord. No. 38-1998; Ord. No. 117-03 § 1; Ord. No. 142-04 § 1; Ord. No. 208-08 § 2; Ord. No. 209-08 § 2; Ord. No. 217-08 § 1; Ord. No. 229-09 § 4) *Editor's Note: The map referred to herein may be found on file in the office of the Township Clerk.

SECTION 2 All ordinances or parts thereof inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistency.

SECTION 3 If any section, paragraph, subdivision, clause or provision of this ordinance is adjudged to be invalid, such adjudication shall apply only to section paragraph, subdivision, clause or provision so adjudged and the remainder of this ordinance shall be deemed valid and effective.

SECTION 4 This ordinance shall take effect upon its passage and publication according to law. SECTION 5 SECTION 6

The Township Clerk is hereby directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted with the Monmouth County Planning Board as required by N.J.S.40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Borough Tax Assessor if required by N.J.S. 40:49-2.1.

All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.

If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this

7 Upper Freehold Township Committee Regular Meeting April 21, 2016 Ordinance or any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.

This Ordinance shall take effect immediately upon its passage and publication according to law.

Ordinance 277-16 was offered for adoption on second reading by Mr. Alexander, moved and seconded by Dr. Frascella. This Ordinance was adopted by the following vote Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye; Ms. Mount, aye and Mayor Moslowski Jr., aye.

RESOLUTION 92-16 A RESOLUTION PURSUANT TO N.J.S.A. 40:55D-26 AND N.J.S.A. 40:55D-32 REGARDING ORDINANCE # 277-16

The following Resolution was offered by Dr. Frascella, moved and seconded by Ms. Mount.

WHEREAS, the Township of Upper Freehold, Monmouth County, has introduced Ordinance #277-16 entitled:

AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 35-300 ENTITLED “ZONING DISTRICTS AND ZONING MAP”, SUBSECTION 35-303 ENTITLED “ ZONING MAP” OF CHAPTER 35 ENTITLED “LAND USE REGULATIONS” OF THE CODE OF THE TOWNSHIP OF UPPER FREEHOLD; and,

WHEREAS, the Township Committee has referred that matter to the Township of Upper Freehold Planning Board as require by law; and

WHEREAS. The Planning Board has issued a report determining that the Zoning Map is inconsistent with the Master Plan, if adopted by the Committee, requires the majority vote of the fully authorized membership as well as the reasons for adopting a map deemed inconsistent by the Planning Board; and

WHEREAS, the report of the Planning Board does not explain or designate which areas of the Zoning Map are inconsistent with the Master Plan; and

WHEREAS, proposed amended map does not change any existing zoning boundaries nor does it propose to modify zoning districts(except for one properly adopted in 2009) which would implicate the notice requirements of N.J.S.A. 40:55-62.1; and

WHEREAS, this proposed map is simply a clearer and colored version, more presentable for public viewing and is more legible as you focus on individual lots near zone boundaries. It provides more

8 Upper Freehold Township Committee Regular Meeting April 21, 2016 accurate information to the public because it is clearer and will be an overall benefit to the public.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Upper Freehold the above recitals shall be considered reasons supporting the adoption of Ordinance # 277-16 as required by N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-32

This Resolution was approved by the following vote: Mr. Alexander aye; Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

RESOLUTION 93-16 A RESOLUTION AP POINTING A MEMBER TO THE AD-HOC CITIZENS GROUP KNOWN AS THE OPEN SPACE AND FARMLAND PRESERVATION COMMITTEE

The following Resolution was offered by Mr. Alexander, moved and seconded by Dr. Frascella. .

WHEREAS, the Township Committee of Upper Freehold Township established and appointed a certain number of interested residents to volunteer and serve on an Ad-Hoc Open Space and Farmland Preservation Committee to work with the Township Committee under the direction of the Business Administrator to assist in education, outreach, review, recommend and obtain public sentiment regarding properties to be considered for adding to the Township’s Open Space Inventory pursuant to resolutions 22-05 and 186-05; and,

NOW, THEREFORE, BE IT RESOLVED, that the following be and is hereby appointed by the Township Committee of Upper Freehold Township to serve on the Ad-Hoc Citizens Committee for Open Space and Farmland Preservation for the year 2016. Resident Members:

Sharmyn “Kit” Calhoun-Alley

BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to and to each member of said Committee.

RESOLUTION 94-16 A RESOLUTION APPOINTING A MEMBER TO THE ZONING BOARD OF ADJUSTMENT

The following Resolution was offered by Dr. Frascella, moved and seconded by Ms. Mount.

NOW THEREFORE BE IT RESOLVED the Township Committee of Upper Freehold Township does hereby make the following appointments;

 Shane C. Alley be appointed to Alternate II position for an unexpired two (2) year term expiring December 31, 2016.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Land Use Administrator.

CONSENT AGENDA

WHEREAS, the following resolutions having heretofore been placed on this agenda require no discussion and same having been previously reviewed by the members of the Township Committee be and are hereby adopted. The following Consent Agenda was offered by Dr. Frascella moved and seconded by Mr. Alexander.

RESOLUTION 95-16 A RESOLUTION AUTHORIZING OVERPAYMENT OF TAXES BE REFUNDED TO BEING A 100% DISABLED VETERAN

WHEREAS, the Tax Collector has certified that an overpayment of taxes has been made on Block 34 Lot 28.06 assessed to Kenneth A. & Susan E., 2 Arlenes Way Cream Ridge, NJ 08514 due to property being assessed as a 100% disabled veteran as of 3/7/16 in the amount of $779.70 by their mortgage company Wells Fargo, 1 Home Campus, MAC X2032-04D, Des Moines, IA 50328 and is requesting a refund be made to them.

WHEREAS, the mortgage company Wells Fargo, is requesting a refund of $779.70.

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of Upper Freehold Township that the Tax Collector be and hereby authorized to refund $779.70 as stated above, and

BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Upper Freehold Finance Office and the Tax Collector.

10 Upper Freehold Township Committee Regular Meeting April 21, 2016 RESOLUTION 96-16 A RESOLUTION AUTHORIZING AN OVERPAYMENT OF TAXES FOR HOMESTEAD REBATE BE REFUNDED DUE TO BEING A 100% DISABLED VETERAN – BLOCK 34 LOT 28.06

WHEREAS, the Tax Collector has certified that an overpayment of taxes has been made due to property being assessed as 100% disabled veteran as of March 7, 2016:

Block/Lot Name Amount

34/28.06 Kenneth and Susan White $923.92 2 Arlenes Way Cream Ridge, NJ 08514

WHEREAS, Homestead Rebate wired a check to us for $923.92 which should be refunded to the homeowner.

NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of Upper Freehold Township that a certified copy of this resolution be forwarded to Upper Freehold Finance Office and the Tax Collector.

RESOLUTION 97-16 A RESOLUTION AUTHORIZING THE RELEASE OF INSPECTION FEES POSTED IN CONNECTION WITH MARITONE CONSTRUCTION BLK 38, LOT 5.03 PB#07-04

WHEREAS, on January 24, 2008, Bob Murdza, Maritone Construction submitted a cashier’s check for an Inspection fee in the amount of $875.00 for certain improvements to Burlington Path Road Minor Subdivision; and,

WHEREAS, there remains other funds on deposit with the Township representing the balance of their escrow and Engineering Inspection Account.

NOW, THEREFORE BE IT RESOLVED that the Township Committee of Upper Freehold Township does hereby authorize the Chief Financial Officer to release the balance of the Inspection Account provided that all fees due and owing the Municipality for services on behalf of Maritone Construction/Bob Murdza 2291 Route 33, Suite 1001, Hamilton, NJ 08690 and/or Township Professionals are paid in full.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chief Financial Officer, Planning Board, Township Engineer, and Bob Murdza.

This Consent Agenda was approved by the following vote: Mr. Alexander, aye; Mr. Faber, abtain; Dr. Frascella, aye; Ms. Mount, aye and Mayor Moslowski Jr. aye.

RESOLUTION 98-16 -A RESOLUTION GRANTING A RAFFLE LICENSE TO THE UPPER FREEHOLD REGIONAL EDUCATION FOUNDATION

The following Resolution was offered by Dr. Frascella, moved and seconded by Mr. Faber.

BE IT RESOLVED, that Raffle License #RL 313-16 be granted to the Upper Freehold Regional Education Foundation an Off-Premises Raffle, to be held at the Stone Bridge Middle School Boys & Girls Lacrosse Home Fields, Yardville Allentown Road on the following days: May 10, 2016, May 12, 2016, May 17, 2016 and May 19, 2016.

ORDINANCE 278-16 – INTRODUCTION

AN ORDINANCE AMENDING CHAPTER III (POLICE REGULATIONS) CREATING A NEW SECTION 3-10 ENTITLED “PUBLIC NUISANCES” OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER FREEHOLD.

The following ordinance was offered by Ms. Mount, moved and seconded by Dr. Frascella.

This is a request from the Prosecutor and Municipal Court.

BE IN ORDAINED by the Mayor and Township Committee of the Township of Upper Freehold, County of Monmouth, and State of New Jersey that Chapter III (Police Regulations) of the Revised General Ordinances of the Township of Upper Freehold be and are hereby amended or supplemented as follows:

PURPOSE

The purpose of this Ordinance is to create a new section entitled “Public Nuisances”.

Chapter III (Police Regulations) of the Revised General Ordinances of the Township of Upper Freehold be and are hereby amended or supplemented as follows (new text is double underlined,

12 Upper Freehold Township Committee Regular Meeting April 21, 2016 text to be deleted is struck through and notations to the reader and changes in subparagraph designations either with or without changes to content are italicized):

SECTION 1

3-10 Public Nuisances

3-10.1 Unlawful Acts

It shall be unlawful and shall be a public nuisance for any person:

A. To revel, quarrel, fight, brawl, or otherwise engage in any type of disorderly conduct within the territorial boundaries of the Township of Upper Freehold so as to disturb the public peace and quiet.

B. To be drunk in or a state of intoxication within the territorial boundaries of the Township of Upper Freehold or in any private house or place to the annoyance and disturbance of any citizen or person.

C. To urinate or defecate in public places or streets or on the lawns or yards of private homes and residences or in the public view.

D. To allow any place for the exhibition of animals in a fight within the territorial boundaries of the Township of Upper Freehold.

E. To make, aid, assist or continue in making improper, loud noise or disturbance, riot or breach of the peace within the territorial boundaries of the Township of Upper Freehold.

F. To engage in any practice, exercise or conduct having a tendency to annoy persons passing on a drive, walk, or in the streets within the territorial boundaries of the Township of Upper Freehold.

G. To injure or destroy or assist in injuring or destroying any pubic property belonging to the Township of Upper Freehold.

H. Horns, Signals, Devices, Etc. The Sounding of any horn or signaling device on any automobile, motorcycle, bus, or other vehicle on any street or public place of the Township of Upper Freehold, except as a danger warning; the creation by means of

13 Upper Freehold Township Committee Regular Meeting April 21, 2016 any horn or signaling device of any unreasonably loud or harsh sound; or the sounding of said horn or signaling device for any unnecessary and unreasonable period of time, or the use of said horn or signaling device when traffic is for any reason held up; or the use of any horn, whistle or other device operated by engine exhaust.

I. Radios, Stereos, Etc. The playing of any radio, television, stereo, musical instrument or other machine or device for the producing or reproducing of sound, in such a manner or in such volume, particularly during the hours between 11:00 p.m. and 8:00 a.m. as to unreasonably annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or any other type of residence or to disturb the peace, quiet and comfort of the neighboring inhabitants or to play or operate the same with louder volume than is necessary for convenient hearing for the person or persons who are in the room or chamber in which such machine or devise is operated and who are voluntary listeners thereto.

J. Yelling, Shouting, Etc. Yelling, shouting, hooting whistling or singing on the public streets or yelling, shouting, hooting or whistling or singing at any other place, either public or private within the corporate limits of the Township of Upper Freehold in such a manner and in such volume and intensity as to disturb the peace and quiet of the neighborhood, particularly between the hours of 11:00 p.m. and 8 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office or dwelling, hotel or other type of residence or of any persons in the vicinity.

K. Loudspeakers and Amplifiers for Advertising. The use, operation or permitting the playing, use or operation of any radio, television, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building, structure, store or establishment.

14 Upper Freehold Township Committee Regular Meeting April 21, 2016 L. Pile Drivers, Hammers, Etc. The operation, between 5:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliances, the use of which is attended by loud or unusual noise except in the event of urgent necessity which is required to preserve or to protect the health, safety or welfare of the general public.

M. The shouting of peddlers, hawkers and vendors which disturb the peace and quiet of the neighborhood.

N. Power Mowers and Power Tools. The operation of power mower or any other garden power tool on Sunday is permitted only between the hours of 10:00 a.m. and 4:00 p.m. and is prohibited before 8:00 a.m. and after 7:00 p.m. on all other days.

3-10.2 Exemptions

No provision of Section 3-10.1 shall supersede, modify or be applicable to those activities protected under Chapter XXIII of the Code of the Township of Upper Freehold entitled “Right to Farm and Country Code” or those otherwise lawful activities associated with hunting, fishing and/or trapping.

3-10.3 Maximum Penalty.

Any person who shall violate any provision of this Section shall be subject to the penalty provisions of Section 1.5.1 of this Code.

SECTION 2: REPEALER All Ordinances or parts thereof inconsistent with the provisions of this Ordinance is adjudged to be invalid, such adjudication shall apply only to section paragraph, subdivision, clause, or provision to adjudged and the remainder of this Ordinance shall be deemed valid and effective.

15 Upper Freehold Township Committee Regular Meeting April 21, 2016 SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect upon its passage and publication according to law.

All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.

If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.

This Ordinance was approved by the following vote: Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye, Ms. Mount, aye; and Mayor Moslowski Jr., aye.

The Public Hearing will be held on May 5, 2016 at 7:00 p.m.

PRIVILEGE OF PUBLIC:

Ann Garrison – High Street –The Borough of Allentown is fixing up the downtown area and they are looking into fixing the signs that say Welcome Upper Freehold /Allentown. The signs are starting to peel and they are looking for funding ideas, grants and donations etc. If anyone is interested in helping or donating please reach out.

PRIVILEGE OF COMMITTEE:

Mr. Alexander – Thanked Mayor Westfall for coming to the meeting

Mr. Faber – no comment

Dr. Frascella – no comment

Mrs. Mount – Mrs. Mount wanted to recognize and feels noteworthy, she would like to extend her sympathy with the tragedy of the death of the Robbinsville Superintendent and all the parties involved. Mayor Westfall, it is great to see you, Thank you for coming and hearing. The Upper Freehold Township

16 Upper Freehold Township Committee Regular Meeting April 21, 2016 Committee is always available to offer assistance. Welcome and Thank you.

Mayor Moslowski Jr. – thanked Mayor Westfall for attending.

T OWNSHIP ATTORNEY READS RESOLUTION FOR TOWNSHIP COMMITTEE TO ADJOURN TO E XECUTIVE SESSION:

The following Resolution was offered by Ms. Mount, moved and seconded by Dr. Frascella.

BE IT RESOLVED that the following portion of this meeting dealing with the following generally described matters shall not be open to the public:

BE IT FURTHER RESOLVED that it is anticipated that the matters to be considered in private may be disclosed to the Public at a later date under the following circumstance.

BE IT FURTHER RESOLVED that private consideration is deemed required and is permitted because of the following noted exceptions set forth in the Act:

______1. Rendered confidential by Federal law or that if disclosed would impair receipt of Federal funds.

______2. Rendered confidential by State Statute or Court Rule.

______3. Would constitute an unwarranted invasion of individual privacy.

______4. Deals with collective bargaining, including negotiation positions.

______5. Deals with purchase, lease or acquisition of real property with public funds.

______6. Related to setting of bank rates or the investment of public funds and disclosure could adversely affect the public interest.

______7. Related to tactics and techniques utilized in protecting the safety and property of the public and disclosure may adversely affect the public.

______8. Related to investigation of violations or possible violations of the law.

______9. Related to pending/anticipated litigation or contract negotiations in which the public body is or may be a party.

______10. Falls within the attorney-client privilege and confidentiality is required.

______11. Deals with personnel matters of public employees and employee has not requested that the matter be made public.

______12. Quasi-judicial deliberations after public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit.

RETURN TO OPEN SESSION:

Upon returning to Open Session, the Mayor directed the Clerk to call the roll. All were present as previousl y called.

MOTION TO ADJOURN: There being no additional business, a motion was offered by Dr. Frascella, moved and seconded by Mr. Faber, that this meeting be adjourned at 9:30. The motion was approved by the following vote: Mr. Alexander, aye; Mr. Faber, aye; Dr. Frascella, aye; Ms. Mount, aye and Mayor Moslowski, Jr. aye.

______Dana L. Tyler, RMC Municipal Clerk