Council Meeting Tuesday, June 23, 2015 7:00 P.M. Agenda

COUNCIL MEETING TUESDAY, JUNE 23, 2015 7:00 P.M.

AGENDA *AMENDED

Page 1 of 2 ROLL CALL

PLEDGE OF ALLEGIANCE TO THE FLAG

STATEMENT BY MAYOR SABOSIK: Pursuant to the applicable portions of the New Jersey Open Public Meetings Act, adequate notice of this meeting has been given. Notice of this meeting of the Governing Body has been posted in the corridor of the Municipal Building, published in the May 29, 2015 edition of The Ocean Star and communicated to The Asbury Park Press.

A. EXECUTIVE SESSION 1. Personnel Matters 2. Cellular Tower

B. WORKSHOP 1. Report of Mayor 2. Committee Reports

C. ORDINANCE – Final Reading, Public Hearing 1. Amending and Supplementing Chapter VIII of the Borough Code, Entitled “Building and Housing” 2. Amending and Supplementing Chapter II of the Borough Code, in Particular Section 2-17 Entitled “Finance” 3. Amending Bond Ordinance No. 2012-5 Adopted March 20, 2012 - Providing the Replacement of the Sanitary Sewer Pumping Stations at Meadow Point and Bradley Road in Order to Amend the Purpose for Certain Improvements

D. ORDINANCE – Introduction 1. Amending and Supplementing Chapter XIX of the Borough Code, Entitled “Land Use” * 2. Amending and Supplementing Ordinance 2015-11, Entitled “Outdoor Dining” * 3. Providing for Various Capital Improvements for the Borough of Point Pleasant and Appropriating $1,567,375.00 and Providing for the Issuance of $1,489,004.00 in General Improvement Bonds or Notes to Finance Same * 4. Providing for Various Water and Sewer Improvements for the Borough of Point Pleasant and Appropriating $589,500.00 and Providing for the Issuance of $560,025.00 in General Improvement Bonds or Notes to Finance Same * 5. Amending and Supplementing Chapter XIX of the Body Code, Entitled “Affordable Housing Development Fee” to Exempt All Single Family Residential Units

E. OPEN PUBLIC SESSION (Resolutions and Authorizations Only) Five (5) Minute Limit Per Person

F. RESOLUTIONS 1. (158-2015) Refund Demo Bond, 1859 Boat Point Drive, Block 279, Lot 277 2. (159-2015) Refund Demo Bond, 1126 Memorial Drive, Block 163, Lot 18.01 3. (160-2015) Refund Demo Bond, 1533 Dorsett Dock Road, Block 318, Lot 48 4. (161-2015) Request Chapter 159 Budget Insertion - Click It or Ticket Grant 5. (162-2015) Request Chapter 159 Budget Insertion - Clean Communities Grant 6. (163-2015) Request Chapter 159 Budget Insertion - Cops in Shops Grant 7. (164-2015) Approve Engineers Certificate No. 1 for Retainage, Release and Final Payment for the Cleaning and Televising Storm Sewer – Mistletoe Avenue To Bridge Avenue Project 8. (165-2015) Appoint Robyn Palughi as Tax Assessor for a Four Year Term * 9. (166-2015) Amend Shared Services Agreement with Township of Barnegat to Provide Tax/Utility Collector Services for the Borough of Point Pleasant 10. (167-2015) Refund Demo Bond, 1215 Johnson Avenue, Block 163, Lot 18 11. (168-2015) Hire Part-Time, Seasonal Tennis Instructor – Recreation Department 12. (169-2015) Hire Part-Time, Seasonal Camp Counselor – Recreation Department 13. (170-2015) Refund Demo Bond, 1661 East Drive, Block 306, Lot 128

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14. (171-2015) Adopt Manual for Purchasing Procedures 15. (172-2015) Authorize Person to Person Liquor License Transfer–Boro River Group LLC 16. (173-2015) Authorize Renewal of Liquor Licenses 17. (174-2015) Cancel Unexpended Dedicated Balances * 18. (175-2015) Authorize Emergency Appropriation 19. (176-2015) Authorize Water/Sewer Account Adjustments 20. (177-2015) Authorize Second Amendment to Shared Services Agreement with Point Pleasant Beach Municipal Court Services 21. (179-2015) Approve Fire Department Exception to Purchasing Procedure – Clean Air Company 22. (180-2015) Authorize Disposal of Property Via Online Auction 23. (181-2015) Approve Bill List 24. (182-2015) Authorize Advertisement and Receipt of Bids – Police Uniforms 25. (183-2015) Award Contract – Rehabilitation of Memorial Drive Tank – U.S. Tank Painting, Inc. for lowest bid of $690,000.00 26. (184-2015) Request Chapter 159 Budget Insertion – Bullet Proof Vest Partnership 27. (185-2015) Request Chapter 159 Budget Insertion – Strategic Recover Planning Report 28. (186-2015) Authorize Advertisement to Rebid for Modification to Hardenberg Avenue Aeration System 29. (187-2015) Authorize Advertisement and Receipt of Bids - Portable Air Compressor 30. (188-2015) Authorize Purchase of Computer Equipment and Software from Dell, Inc. 31. (189-2015) Amend Salary Resolution 2015 32. (190-2015) Award Contract Professional Services – Pole Barn – Remington, Vernick and Vena 33. (191-2015) Award Contract Professional Services – Memorial Drive Tank – Remington, Vernick and Vena 34. (192-2015) Award Contract Professional Services – Hardenberg Aeration – Remington, Vernick and Vena * 35. (193-2015) Award Contract for Professional Services for FEMA Map Study – Remington Vernick and Vena * 36. (194-2015) Request Chapter 159 Budget Insertion – Emergency Generator

G. RESOLUTION – (178-2015) Consent Agenda 1. Approve Council Meeting Minutes of April 21, 2015 2. Approve Council Meeting Minutes of May 5, 2015

H. AUTHORIZATIONS 1. Application for Block Party, Hemlock Lane, July 19, 2015 (no rain date) 2. Application for Block Party, Hillside Avenue, August 1, 2015 (rain date August 2, 2015)

I. OPEN PUBLIC SESSION Five (5) Minute Limit Per Person

J. EXECUTIVE SESSION 1. Personnel Matters 2. Cellular Tower

FORMAL ACTION MAY BE TAKEN

COMMITTEE CHAIRMEMBERS Administration – Pamela Snyder Finance – John Wisniewski Land Use/Zoning & Code Enforcement – Michael Thulen Jr. Public Safety – Antoinette DePaola Public Works & Water/Sewer – William Borowsky Recreation – Joseph Furmato

ORDINANCE NO. 2015-

ORDINANCE OF THE BOROUGH OF POINT PLEASANT BOROUGH, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER VIII OF THE BOROUGH CODE, ENTITLED, “BUILDING AND HOUSING”

NOW THEREFORE, BE IT ORDAINED BY the Borough Council of the Borough

of Point Pleasant Borough, County of Ocean, State of New Jersey, that Chapter VIII of the

Borough Code entitled “Building and Housing” in particular Subsection 8-1.2 “Fees” is

hereby amended and supplemented as follows:

SECTION 1. Subsection 8-1.2. Fees.

a. Fees for construction permits.

The building subcode fees shall be as follows:

For new construction: All fees shall be based on the volume of the structure and volume computations shall be made pursuant to N.J.A.C. 5:23-2.28. Use groups

and types of construction are to be classified and defined as established in Articles 3 and 4 of the Building Subcode.

(1) New residential construction, alteration, or renovation:

Per cubic foot of volume $ 00.030 Minimum fee $ 75.00

(2) New construction all other use groups:

Per cubic foot of volume $ 00.030 Minimum fee $ 100.00

(ii) Large, open volume structures such as barns, silos, greenhouses, warehouses and similar structures $ 00.015

(a) Renovations, alterations and repairs, Including uncovered porches, decks, fences > 6’ et cetera

Fee based on the estimated cost of work; The first $1 to $50,000 (per thousand) $ 24.00 Next $50,001 to 100,000 (additional per thousand) $ 20.00 Amounts over $100,000 (additional per thousand) $ 10.00 Minimum Fee $ 75.00

DASTI, MURPHY (b) Roofing, siding R3 and R5 $ 125.00 McGUCKIN, ULAKY, KOUTSOURIS & CONNORS (c) Pool Barrier COUNSELLORS AT LAW

620 WEST LACEY ROAD Per linear foot $ 00.20 P.O. BOX 1057 FORKED RIVER, N.J. 08731 Minimum fee $ 75.00

(d) Sheds Over 100 square feet $ 75.00

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(e) Fireplace and masonry chimney $ 75.00

(f) Wood burning stoves and chimney $ 75.00

h. Demolition

Together with a cash bond posted with the Borough to ensure removal of debris and to protect against damage.

Use Group R Structures less than 2,000 square feet and a maximum of 30 feet high $ 200.00

All other structures $ 300.00

i. Signs

Per square foot surface area, one side only for double-faced signs $ 01.50 Minimum Fee $ 75.00

j. Swimming Pools

Above-ground $ 100.00 In-ground $ 250.00 Public/Commercial $ 300.00

k. Elevator permits subject to N.J. State Permit Fees

l. Temporary structures/other structures that volume cannot be computed:

Each over 100 square feet $ 75.00 The fee for tents in excess of 900 square feet or more than 30 feet in any direction $ 100.00 m. Retaining Walls

Residential:

Class 3 under 550 sq. ft. surface area $ 150.00 Class 3 over 550 sq. ft. surface area $ 200.00 All other based on alteration cost fee

n. UST removal under 2,000 gallons $ 100.00 UST removal over 2,000 gallons $ 150.00

b. Other fees. The Electrical subcode fees shall be as follows:

(1) Minimum Electrical Subcode Fees:

DASTI, MURPHY Replacement of 1 mechanical piece of McGUCKIN, ULAKY, equipment in an R3 or R5 $ 60.00 KOUTSOURIS & CONNORS

COUNSELLORS AT LAW Minimum fee for all other electrical $ 75.00 620 WEST LACEY ROAD P.O. BOX 1057 (2) Electrical fixtures and devices Fees: FORKED RIVER, N.J. 08731 For from one to 25 receptacles, fixtures or devices $ 75.00

For each 25 additional receptacles, fixtures or devices an additional fee $ 25.00

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(For the purpose of computing this fee, receptacles, fixtures & devices shall include but not be limited to lighting outlets, wall switches, electric discharge fixtures, convenience receptacles or similar fixtures, and motors or devices of less than one horsepower or one kilowatt, burglar, fire and communication devices, et cetera.)

For each motor or electrical device greater than or equal to one horsepower or kW and less than or equal to 10 horsepower or kW; and for transformers and generators greater than or equal to l kW and less than or equal to

10 kW $ 20.00

For each motor or electrical device greater than 10 horsepower or kW and less than or equal to 50

horsepower or kW; for each service panel, service entrance or sub panel less than or equal to 200 amperes; and for all transformers and generators greater than 10 kW and less than or equal to 45 kW $ 75.00

For each motor or electrical device greater than 50 horsepower or kW and less than or equal to 100 horsepower or kW; for each service panel, service entrance or sub panel greater than 200 amperes

and less than or equal to 600 amperes; and for transformers and generators greater than 45 kW and less than or equal to 112.5 kW $ 150.00

For each motor or electrical device greater than 100 horsepower or kW and less than or equal to 1,000 horsepower or kW; for each service panel, service entrance or sub panel greater than 600 amperes and less than or equal to 1,000 amperes $ 225.00

For each motor or electrical device greater than 1,000 horsepower or kW; for each service panel, service entrance or sub panel greater than 1,000 amperes; and for each transformer or generator greater than 112.5 kilowatts $ 450.00

The Fire Protection subcode fees shall be as follows:

Minimum fire protection subcode fee $ 75.00

Fire protection and other hazardous equipment: sprinklers, standpipes, detectors (smoke and DASTI, MURPHY heat) pre-engineered suppression systems, gas McGUCKIN, ULAKY, KOUTSOURIS & CONNORS and oil-fired appliances not connected to the plumbing system, kitchen exhaust systems, COUNSELLORS AT LAW incinerators and crematoriums: 620 WEST LACEY ROAD P.O. BOX 1057 FORKED RIVER, N.J. 08731 For the installation, alteration or relocation of sprinkler heads and single or multiple smoke or heat detectors not connected to a fire alarm panel :

The fee for 20 or fewer heads $ 75.00 For 21 to 100 heads $ 150.00

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For 101 to 200 heads $ 250.00 For 201 to 400 heads $ 600.00 For 401 to 1,000 heads $ 822.00 For over 1,000 heads $1,050.00

For from 1 to 12 detectors, the fee shall be $ 75.00 For each additional 25 detectors, fee shall be $ 25.00

For each standpipe $ 250.00

For each independent pre-engineered system $ 150.00

For each gas or oil-fired appliance not connected to the plumbing system $ 50.00

For each kitchen exhaust system (commercial) $ 75.00

For each incinerator $ 400.00

For each crematorium $ 400.00

For suppression systems other than sprinklers including: Co2, gas, foam, dry or wet chemical and installation of hood duct

and exhaust systems shall be a minimum $ 150.00

For woodburning fireplace or stove requiring a fire permit shall be $ 75.00

(3) Tanks Fees:

Installation, each (Review) $ 100.00

Residential Removal $ 100.00

Commercial Removal $ 150.00 (4) Plumbing subcode Fees:

Minimum plumbing subcode fee $ 75.00

(5) Plumbing fixtures and equipment Fees:

Per fixture, piece of equipment, vent or

appliance connected to the plumbing

system, and for each appliance connected

to the gas or oil piping system, except as

listed in B below $ 15.00

Per special device for the following: grease traps, oil separators, water- cooled air conditioning units, refrigeration units, utility service connections, backflow preventers DASTI, MURPHY McGUCKIN, ULAKY, equipped with test ports (double KOUTSOURIS & CONNORS check valve assembly, reduced

COUNSELLORS AT LAW pressure zone and pressure vacuum breaker back-flow 620 WEST LACEY ROAD P.O. BOX 1057 preventers), steam boilers, hot FORKED RIVER, N.J. 08731 water boilers (excluding those for domestic water heating), gas or fuel oil piping, sewer pumps, and interceptors $ 75.00

(6) The fee for elevator devices where applicable

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shall be in accordance with N.J.A.C. 5:23-12.6. The State of New Jersey, DCA is the Elevator Subcode.

(7) Plan Review Fee:

For the purposes of N.J.A.C. 5:23-4.18(b), the plan review fee shall be twenty (20%) percent of this schedule of fees. The amount paid for this fee shall be credited toward the amount of the fee to be

charged for the construction permit.

(8) The fee for a permit for the removal of a building or structure from one (1) lot to another or to a new location on the same lot shall be alteration costs per one thousand

($1,000.00) dollars of the sum of the estimated costs for work at each site.

The fee for a new foundation shall be that

charged for alteration or renovation provided that the minimum fee shall be $ 75.00

(9) Certificates of Occupancy Fee:

Use Group R $ 100.00

All other use groups $ 150.00

(10) Continued Use Certificate Fee:

Total all subcodes $ 250.00

(11) Change of Use Fee: Each unit $ 200.00

(12) Reinstatement of Lapsed Permit Fee: Each (minimum) $ 150.00

(13) Temporary Certificate of Occupancy Fee: $ 30.00

(14) Change of Contractor Fee shall be the minimum fee per subcode.

SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby

repealed.

SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent

jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and DASTI, MURPHY McGUCKIN, ULAKY, such holding shall not affect the validity of the remaining portions hereof. KOUTSOURIS & CONNORS

COUNSELLORS AT LAW SECTION 4. This Ordinance shall take effect upon publication in an official

620 WEST LACEY ROAD newspaper of the Borough, as required by and in conformance with law. P.O. BOX 1057 FORKED RIVER, N.J. 08731

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NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and

passed by the Borough Council of the Borough of Point Pleasant Borough on first reading at a

th meeting held on the 26 day of May, 2015 at 7 p.m. The Ordinance will be considered for

second and final reading at a meeting of the Borough Council which is scheduled for the 23rd

day of June, 2015 at 7 p.m., or as soon thereafter as the matter may be reached, at the

Municipal Building located at 2233 Bridge Avenue, Point Pleasant, New Jersey, at which

time the public is invited to ask questions, raise objections, or provide public comment with

regard to the proposed adoption of this Ordinance.

ATTESTED TO BY: APPROVED:

______VERONICA THWING ROBERT A. SABOSIK

Deputy Municipal Clerk Mayor

Prepared by: DASTI, MURPHY, McGUCKIN, ULAKY, DASTI, MURPHY KOUTSOURIS & CONNORS McGUCKIN, ULAKY, KOUTSOURIS & CONNORS Forked River, New Jersey 08731

COUNSELLORS AT LAW

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ORDINANCE NO. 2015-

ORDINANCE OF THE BOROUGH OF POINT PLEASANT BOROUGH, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER II OF THE BOROUGH CODE, IN PARTICULAR SECTION 2-17 ENTITLED, “FINANCE”

WHEREAS, the Borough of Point Pleasant Borough, County of Ocean, State of New

Jersey (the “Borough”) has previously adopted by Ordinance procedures and regulations

concerning the manner in which the Borough procures goods, supplies and contractual

services; and

WHEREAS, from time to time the State of New Jersey, New Jersey Department of

Community Affairs, amends and supplements the thresholds for bidding and for obtaining

quotes for supplies and contractual services; and

WHEREAS, the Borough believes it appropriate and necessary to amend the Borough

Code, in particular, Chapter II, §2-17 entitled, “Finance” to reflect the changes promulgated

by the State of New Jersey, Department of Community Affairs.

BE IT ORDAINED by the Borough Council of the Borough of Point Pleasant,

County of Ocean, State of New Jersey as follows:

SECTION 1. Purchases; over $17,500.00.

All supplies and contractual services estimated to cost in excess of $17,500.00 shall be

purchased by formal written contract from the lowest responsible bidder in accordance with

the New Jersey Statutes. The aforementioned amount will be increased to $36,000.00 if the

Borough employs a Qualified Purchasing Agent (“QPA”) to assist in the bidding process.

SECTION 2. Purchases.

The Borough shall obtain informal quotations for any proposed purchase of supplies

or contractual services in excess of $2,525.00.

SECTION 3. Annual Increase.

DASTI, MURPHY In the event that the aforementioned bidding threshold is increased by the State of McGUCKIN, ULAKY, KOUTSOURIS & CONNORS New Jersey, Department of Community Affairs, the Borough, without need of formal COUNSELLORS AT LAW

620 WEST LACEY ROAD adoption of another Ordinance, hereby will require that the minimum bid threshold be utilized P.O. BOX 1057 FORKED RIVER, N.J. 08731 by the Borough in purchasing supplies and contractual services. In addition, the amount for

which a quotation will be needed will be fifteen (15%) percent of the bidding threshold

amount as it is so increased by the State of New Jersey, Department of Community Affairs.

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SECTION 4. Purchase Orders.

The Borough is permitted to purchase supplies and contractual services under State

contract, costing less than $17,500.00 by issuance of a purchase order, without Council

Resolution. Any amount over $17,500.00 under State contract will require adoption of a

Resolution by Council.

SECTION 5. Exceptions.

The aforementioned threshold amounts do not apply to professional service contracts

as defined at N.J.S.A. 40A:11-5. Rather, the Borough will comply with the fair and open

process when appointing professionals as defined in the aforementioned Statute.

SECTION 6. Pay-to-Play Certification.

Other than bids for less than $17,500.00 for State contract purchases, all purchases

above $17,500.00 will require a Pay-to-Play Certification. This will apply to cumulative

purchases from one (1) vendor over a one (1) year period which exceeds $17,500.00.

SECTION 7. All other Ordinances or provisions of the Code of the Borough of

Point Pleasant, or parts thereof, which are inconsistent with any provisions of this Ordinance

are hereby repealed to the extent of such conflict or inconsistency.

SECTION 8. If any section or provision hereof shall be adjudged invalid, such

determination shall not affect the other section or provision hereof, which shall remain in full

force and effect.

SECTION 9. This Ordinance shall take effect twenty (20) days after adoption and

after publication as provided by Law.

DASTI, MURPHY McGUCKIN, ULAKY, KOUTSOURIS & CONNORS

COUNSELLORS AT LAW

620 WEST LACEY ROAD P.O. BOX 1057 FORKED RIVER, N.J. 08731

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NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and

passed by the Borough Council of the Borough of Point Pleasant Borough on first reading at a

th meeting held on the 26 day of May, 2015 at 7:00 p.m. The Ordinance will be considered

for second and final reading at a meeting of the Borough Council which is scheduled for the

__23rd day of June, 2015 at 7:00 p.m., or as soon thereafter as the matter may be reached, at

the Municipal Building located at 2233 Bridge Avenue, Point Pleasant, New Jersey, at which

time the public is invited to ask questions, raise objections, or provide public comment with

regard to the proposed adoption of this Ordinance.

ATTESTED TO BY: APPROVED:

______VERONICA THWING ROBERT A. SABOSIK,

Deputy Borough Clerk Mayor

Prepared by: DASTI, MURPHY, McGUCKIN, ULAKY, KOUTSOURIS & CONNORS Forked River, New Jersey 08731

DASTI, MURPHY Z:\CLIENT MATTERS - GL\`Point Pleasant\GL-22958 Ordinances 2015\Ordinance RE Chapter II Finance.docx McGUCKIN, ULAKY, KOUTSOURIS & CONNORS

COUNSELLORS AT LAW

620 WEST LACEY ROAD P.O. BOX 1057 FORKED RIVER, N.J. 08731

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BOND ORDINANCE AMENDING BOND ORDINACE NO. 2012-5 ADOPTED ON MARCH 20, 2012, PROVIDING THE REPLACEMENT OF THE SANITARY SEWER PUMPING STATIONS AT MEADOW POINT AND BRADLEY ROAD IN AND FOR THE BOROUGH OF POINT PLEASANT, IN ORDER TO AMEND THE PURPOSE FOR CERTAIN IMPROVEMENTS AUTHORIZED IN AND BY THE BOROUGH OF POINT PLEASANT, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY

WHEREAS, the Borough of Point Pleasant, in the County of Ocean, New Jersey (the “Borough”) finally adopted a Bond Ordinance No. 2012-5 on March 20, 2012, (the “Bond Ordinance”) providing for the replacement of the sanitary sewer pumping stations at Meadow Point and Bradley Road; and

WHEREAS, the Borough has determined that the purpose set forth in the Bond Ordinance needs to be amended to include the cleaning and television inspection of the sanitary sewer system, without increasing the appropriation, estimated cost or aggregate appropriation of debt authorization for said purpose.

NOW, THERFORE, BE IT ORDAINED by the BOROUGH COUNCIL of the BOROUGH OF POINT PLEASANT, IN THE COUNTY OF OCEAN, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1. Section 3(a) of Bond Ordinance No. 2012-5, is hereby amended in its entirety to read as follows:

“(a) Purpose. Cleaning and television inspection of the sanitary sewer system and replacement of the sanitary sewer pumping stations more fully described on a list on file in the Borough Clerk’s office, including all work and materials necessary therefor or incidental thereto.

Appropriation and Estimated Cost: $2,027,500 Amount of Bond or Notes: $1,926,125 Amount of Down Payment: $101,375 Period or Average Period of Usefulness: 20 years”

Section 2. The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolutions in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available there for public inspection.

Section 3. After passage upon first reading of this bond ordinance, the Borough Clerk is hereby directed to publish the full text of the bond ordinance, together with the notice set forth below entitled: “NOTICE OF PENDING BOND ORDINANCE” (with appropriate completions, insertions, and corrections), at least once in a newspaper qualified under N.J.S.A.40A:2-19, at least seven days prior to the date set for public hearing and further consideration for final passage (which date shall be at least ten days after introduction and first reading). The Borough Clerk is further directed to comply with all provisions of N.J.S.A. 40A:2-17(b) regarding postings, publications, and the provisions of copies of this bond ordinance.

Section 4. After final adoption of this bond ordinance, the Borough Clerk is hereby directed to publish the full text of this bond ordinance, as finally adopted, together with the notice set forth below entitled: “NOTICE OF ADOPTION OF BOND ORDINANCE” (with appropriate completions, insertions, and corrections), at least once in a newspaper qualified under N.J.S.A. 40A:2-19.

Section 5. This ordinance amends Bond Ordinance No. 2012-5 of the Borough finally adopted March 20, 2012. Any inconsistencies shall be resolved by reference to this amending ordinance. To the extent that any previous ordinance or resolution is inconsistent herewith or contradictory hereto, said ordinance or resolution is hereby repealed or amended to the extent necessary to make it consistent herewith.

Section 6. The aggregate appropriation, the aggregate debt authorization, the aggregate down payment, and other authorizations set forth in the Bond Ordinance remain unchanged and are herby confirmed.

Section 7. All ordinances or parts of ordinances in conflict or inconsistent with any of the terms of this ordinance are herby repealed to the extent that they are in such conflict or are inconsistent. In the event that any section, part or provision of this ordinance shall be held to be unconstitutional or invalid by any court, such holding shall not affect the validity of this ordinance as a whole, or any part hereof other than the part so held unconstitutional or invalid.

Section 8. This amendatory bond ordinance shall take effect twenty days after the first publication thereof after final passage, as provided in the Local Bond Law, N.J.S.A. 40A:2- 1, et seq.

NOTICE OF ADOPTION OF BOND ORDINANCE

PUBLIC NOTICE IS HEREBY GIVEN that the bond ordinance published herewith has been finally adopted by the Borough of Point Pleasant, in the County of Ocean, New Jersey on

June 23, 2015, and the 20-day period of limitation within which a suit, action or proceeding questioning the validity of such bond ordinance can be commenced, as provided in the Local

Bond Law, has begun to run from the date of the first publication of this notice.

______VERONICA THWING Deputy Municipal Clerk

ORDINANCE NO. 2015- XX

ORDINANCE OF THE BOROUGH COUNCIL OF THE BOROUGH OF POINT PLEASANT BOROUGH, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER XIX OF THE BOROUGH CODE ENTITLED “LAND USE”.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough

of Point Pleasant, County of Ocean, State of New Jersey that Chapter XIX of the Borough

Code entitled, “Land Use”, in particular Subsection 19-20.1, “Administrative Fees”, is hereby

amended and supplemented as follows:

SECTION 1. “Zoning Fees”.

R-3 – R-5 Zoning Districts.

Application for a new structure $ 150.00

Application for each accessory structure $ 40.00

Additions to a structure such as a roof, porch or deck $ 75.00

A reapplication fee for a variance $ 50.00

Accessory structures to the R-3 or R-5 Zoning District Structure.

Garage $ 50.00

Shed $ 30.00

Cabana $ 50.00

Pool $ 50.00

Deck $ 40.00

Pool with barrier (fence) $ 75.00

Fence (includes pool barrier) $ 40.00

Fixed equipment including generators,

condensers and pool equipment $ 40.00

Driveways $ 50.00

DASTI, MURPHY McGUCKIN, ULAKY, Patios, sidewalks $ 40.00 KOUTSOURIS & CONNORS

COUNSELLORS AT LAW New structures in all other Zones $ 200.00

620 WEST LACEY ROAD P.O. BOX 1057 FORKED RIVER, N.J. 08731

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Accessory structures in all other Zones.

Garage $ 75.00

Shed $ 30.00

Cabana $ 50.00

Pool $ 75.00

Deck $ 40.00

Sign $ 40.00

SECTION 2. Severability. The various parts, sections and clauses of this Ordinance

are hereby declared to be severable. If any part, sentence, paragraph, section or clause is

adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the

Ordinance shall not be affected thereby.

SECTION 3. Repealer. Any ordinances or parts thereof in conflict with the

provisions of this Ordinance are hereby repealed to the extent of such conflict.

SECTION 4. Effective Date. This Ordinance shall take effect upon publication in an

official newspaper of the Borough, as required by and in conformance with law.

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Borough Council of the Borough of Point Pleasant Borough on first reading at a meeting held on the 23rd day of June, 2015 at 7:00 p.m. The Ordinance will be considered for second and final reading at a meeting of the Borough Council which is scheduled for the 21stday of July, 2015 at 7:00 p.m., or as soon thereafter as the matter may be reached, at the Municipal Building located at 2233 Bridge Avenue, Point Pleasant, New Jersey, at which time the public is invited to ask questions, raise objections, or provide public comment with regard to the proposed adoption of this Ordinance.

ATTESTED TO BY: APPROVED:

______VERONICA THWING ROBERT SABOSIK, DASTI, MURPHY Deputy Borough Clerk Mayor McGUCKIN, ULAKY, KOUTSOURIS & CONNORS

COUNSELLORS AT LAW Prepared by: 620 WEST LACEY ROAD DASTI, MURPHY, McGUCKIN, ULAKY, P.O. BOX 1057 FORKED RIVER, N.J. 08731 KOUTSOURIS & CONNORS Forked River, New Jersey 08731

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ORDINANCE NO. 2015-_____

ORDINANCE OF THE BOROUGH COUNCIL OF THE BOROUGH OF POINT PLEASANT BOROUGH, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING ORDINANCE 2015-11 ENTITLED, “OUTDOOR DINING”

WHEREAS, the Borough Council of the Borough of Point Pleasant, County of

Ocean, State of New Jersey, (herein referred to as the “Borough”) has received input from

numerous restaurant owners throughout Point Pleasant concerning their desire, with

limitations, to have outdoor dining near their establishment;

WHEREAS, the Borough believes that permitting outside dining, with limitations,

will be an enhancement to the Borough and will assist business owners, in particular

restaurant owners, in satisfying the desires of their patrons and increasing the opportunity for

new business.

WHEREAS, the Borough believes that permitting outside dining in certain zones of

the Borough, as a conditional use, is appropriate and a long term best interest of the Borough,

its taxpayers and the business community.

NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough

of Point Pleasant Borough, County of Ocean, State of New Jersey as follows:

SECTION 1. Outside dining is hereby permitted as a conditional use in the zones set

forth herein below.

SECTION 2. Any outside dining will be permitted only after submitting an

appropriate application package to the Borough Clerk. The application will include but not be

limited to the name of the applicant; name of the property owner; street address and lot and

block description of the subject property; a footprint of the restaurant/tavern (inside) as well

as the area for which outside dining is being requested. The application must be drawn to

scale with new and existing fixtures and/or construction detailed.

DASTI, MURPHY McGUCKIN, ULAKY, SECTION 3. Application will be renewed annually on a calendar year basis. KOUTSOURIS & CONNORS

COUNSELLORS AT LAW

620 WEST LACEY ROAD SECTION 4. The application fee beginning January 1, 2016 will be $50.00 per P.O. BOX 1057 FORKED RIVER, N.J. 08731 annum. No application fee will be required for applications submitted in 2015.

SECTION 5. After the application is received by the Borough Clerk and found to be

completed, the applicant will appear before the Exempt Site Plan Committee of the Planning

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Board in order to provide evidence as to their intent. However, before appearing before the

Exempt Site Plan Committee, the application will be referred to the Chief of Police for review

and comment.

SECTION 6. If the outside dining area results in a loss of on-site parking spaces, a

parking plan with a study of nearby available public and/or street parking must be submitted

with the application in order to insure that sufficient parking spaces will be available to

service the outside dining.

SECTION 7. Outside dining will not require new on-site parking spaces for the added

seating on the site.

SECTION 8. Before undertaking outside dining services, the Borough must receive

an appropriate Certificate of Insurance thereby holding harmless the Borough, as the loss

insured, for any damages sustained. The minimum insurance must be $500,000.00 per

occurrence.

SECTION 9. The business must adhere to all State laws including laws and

regulations promulgated by the New Jersey Legislature and the Alcoholic Beverage Control

Commission (ABC).

SECTION 10. The applicant must make an application to the Board of Health and

obtain approval as part of the application process.

SECTION 11. The applicant must adhere to all local noise, zoning and construction

laws.

SECTION 12. A maximum of twenty five (25) new seats can be added to the business

in the outdoor area.

SECTION 13. As a conditional use, outside dining will be permitted in the

Neighborhood Commercial zone, General Commercial zone, Commercial and Multi Family

Mixed zone; Town Center zone, and Waterfront Commercial zone.

SECTION 14. Section 19-28 of the Borough Code is hereby amended to include this DASTI, MURPHY McGUCKIN, ULAKY, provision. KOUTSOURIS & CONNORS

COUNSELLORS AT LAW SECTION 15. All ordinances or parts of ordinances inconsistent herewith are hereby

620 WEST LACEY ROAD P.O. BOX 1057 repealed. FORKED RIVER, N.J. 08731 SECTION 16. This ordinance shall take effect after second reading and publication

as required by law.

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NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced

and passed by the Borough Council of the Borough of Point Pleasant Borough on first reading

at a meeting held on the 23rd day of June, 2015 at 7:00 p.m. The Ordinance will be

considered for second and final reading at a meeting of the Borough Council which is

scheduled for the _21 day of July, 2015 at 7:00 p.m., or as soon thereafter as the matter may

be reached, at the Municipal Building located at 2233 Bridge Avenue, Point Pleasant, New

Jersey, at which time the public is invited to ask questions, raise objections, or provide public

comment with regard to the proposed adoption of this Ordinance.

ATTESTED TO BY: APPROVED:

______

FRANK PANNUCCI, JR., ROBERT SABOSIK, Acting Administrator Mayor

DASTI, MURPHY McGUCKIN, ULAKY, Prepared by: KOUTSOURIS & CONNORS DASTI, MURPHY, McGUCKIN, ULAKY,

COUNSELLORS AT LAW KOUTSOURIS & CONNORS Forked River, New Jersey 08731 620 WEST LACEY ROAD P.O. BOX 1057 Z:\CLIENT MATTERS - GL\`Point Pleasant\GL-22958 Ordinances 2015\Ordinance re Chapter 11 Outdoor Dining revised 6-19-15.doc FORKED RIVER, N.J. 08731

- 3 - ORDINANCE NO. 2015-___

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT, IN THE COUNTY OF OCEAN, NEW JERSEY, PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS IN AND FOR THE BOROUGH OF POINT PLEASANT AND APPROPRIATING $1,567,375.00 THEREFORE, AND PROVIDING FOR THE ISSUANCE OF $1,489,004.00 IN GENERAL IMPROVEMENT BONDS OR NOTES OF THE BOROUGH OF POINT PLEASANT TO FINANCE THE SAME.

BE IT ORDAINED BY THE BOROUGH OF COUNCIL OF THE BOROUGH OF

POINT PLEASANT, IN THE COUNTY OF OCEAN, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1. The several improvements or purposes described in Section 3 of this bond ordinance (the “Improvements”) are hereby authorized to be undertaken by the Borough of Point

Pleasant, in the County of Ocean, New Jersey (the “Borough”) as general improvements. For the

Improvements, there is hereby appropriated the sum of $1,567,375.00, including the sum of

$78,371.00 as the down payment (the “Down Payment”) required by the Local Bond Law of the

State of New Jersey, constituting Chapter 2 of Title 40A of the New Jersey Statutes, as amended and supplemented (the “Local Bond Law”). The Down Payment has been made available by virtue of provision in one or more previously adopted budgets for down payments for capital improvement purposes.

Section 2. In order to finance the cost of the Improvements or purposes not covered by application of the down payment or otherwise provided hereunder, negotiable bonds are hereby authorized to be issued in the principal amount of $1,489,004.00 pursuant to the Local

Bond Law (the “Bonds”). In anticipation of the issuance of the Bonds and to temporarily finance said Improvements or purposes, negotiable bond anticipation notes of the Borough are hereby authorized to be issued in the principal amount not exceeding $1,489,004.00 pursuant to the

provisions of the Local Bond Law (the “Bond Anticipation Notes” or “Notes”).

Section 3. (a) The several improvements hereby authorized and the several purposes

for which obligations are to be issued, the estimated cost of each Improvement and the

appropriation therefore, the estimated maximum amount of bonds or notes to be issued for each

Improvement and the period of usefulness of each improvement are as follows:

Appropriation and Estimated Maximum Average Period Purpose Estimated Cost Amount of Bonds or Notes of Usefulness

Equipment (i) Oxygen Refill Station, Non- Invasive Cardiac Support Pump, APX-7000 Portable Radio, Portable LED Lighter Tower w/ heads, Fire Fighting Protecting Turn Gear Sets, Fire Fighting Equipment, Motorola Pagers, Radios, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $145,870.00 $138,576.00 5 years

(ii) Self Contained Breathing Apparatus, Multifunctioning Copy Machines, Radar Speed Display Trailer, Emergency Generator (Borough Share)including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $68,505.00 $65,079.00 10 years

(iii) Purchase Articulated Wheel Loader, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $135,000.00 $128,250.00 20 years

Facility Improvement (i)Fence Installation, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $27,500.00 $26,125.00 10 years

(ii) Roof Engineering Cost, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $16,500.00 $15,675.00 15 years

(iii) Replace Heat Pumps at Borough, Purchase Bleachers (current ones not in compliance), including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $27,500.00 $26,124.00 20 years

(iv) Public Works Vehicle Storage Building, New Building for Recycling Center, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $106,600.00 $101,270.00 30 years

Furniture Purchase Holiday Banners, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $6,400.00 $6,080.00 15 years

Streets and Roads (i) Storm water Management Compliance materials, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $20,000.00 $19,000.00 20 years

(ii) Roadway Milling/Overlay- Donna Drive and Partridge Run, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $100,000.00 $95,000.00 30 years

(iii) Reconstruct Roadways- Bennett Avenue and Oriole Way, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $440,000.00 $418,000.00 30 years

(iii) Storm water Improvement Projects, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $59,500.00 $56,525.00 50 years

Technology Computer Equipment Upgrades/Software, In Car Video Camera System (6), Computer Equipment Upgrades, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $294,000.00 $279,300.00 5 years

Vehicles Purchase Rack Body Truck, 2015 Full Size 4X4 Pickup Truck, including all Related costs and expenditures incidental Thereto and further including all work and Materials necessary therefore and incidental Thereto. $120,000.00 $114,000.00 5 years

(b) The estimated maximum amount of Bonds or Notes to be issued for the purpose of

financing a portion of the cost of the Improvement is $1,489,004.00.

initial appropriation made by the Borough.

Section 4. All Bond Anticipation Notes issued hereunder shall mature at such times

as may be determined by the Chief Financial Officer; provided that no note shall mature later

than one year from its date. The Notes shall bear interest at such rate or rates and be in such

form as may be determined by the municipal finance officer of the Borough (the “Chief

Financial Officer”). The Chief Financial Officer shall determine all matters in connection with

the Notes issued pursuant to this bond ordinance, and the Chief Financial Officer’s signature

upon the notes shall be conclusive evidence as to all such determinations. All Notes issued

hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8(a).

The Chief Financial Officer is hereby authorized to sell part or all of the Notes from time to time,

at not less than par and accrued interest, at public or private sale and to deliver them to the

purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their

dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing

to the governing body at the meeting next succeeding the date when any sale or delivery of the

Notes pursuant to this Bond Ordinance is made. Such report must include the amount, the

4 description, the interest rate and the maturity schedule of the notes sold, the price obtained and

the name of the purchaser.

Section 5. The capital budget or temporary capital budget (as applicable) of the

Borough is hereby amended to conform with the provisions of this bond ordinance to the extent

of any inconsistency herewith. In the event of any such inconsistency and amendment, the

resolution in the form promulgated by the Local Finance Board showing full detail of the

amended capital budget amended temporary capital budget (as applicable) and capital program

as approved by the Director of the Division of Local Government Services is on file with the

Borough Clerk and is available there for public inspection.

Section 6. The following additional matters are hereby determined, declared, recited

and stated:

(a) The Improvements or purposes described in Section 3 of this Bond Ordinance are not current expenses. They are improvements or purposes the Borough may lawfully undertake as a general improvement, and no part of the costs thereof have been or shall be specifically assessed on property specially benefited thereby.

(b) The average period of usefulness of the Improvements or purposes, within the limitations of the Local Bond Law, computed on the basis of the respective amounts or obligations authorized for each improvement or purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 19.4 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Borough Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the

Department of Community Affairs of the State of New Jersey. Such statement shows that the

5 gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of

the bonds and notes provided in this Bond Ordinance by $1,489,004.00 and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d) An aggregate amount not exceeding $12,100.00 for items of expense listed in and

permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the

purpose or improvement.

Section 7. Any grant moneys received for the purposes described in Section 3 hereof

shall be applied either to direct payment of the cost of the improvement or to payment of the

obligations issued pursuant to this Bond Ordinance. The amount of obligations authorized hereunder shall be reduced to the extent that such funds are so used.

Section 8. The full faith and credit of the Borough is hereby pledged to the punctual

payment of the principal of and the interest on the obligations authorized by this bond ordinance.

The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be

obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the

payment of the obligations and the interest thereon without limitation of rate or amount.

Section 9. The Bond Ordinance constitutes a declaration of official intent under

Treasury Regulation Section 1.150-2. The Borough reasonably expects to pay expenditures with

respect to the Improvement prior to the date that Borough incurs debt obligations under this

Bond Ordinance. The Borough reasonably expects to reimburse such expenditures with the

proceeds of debt to be incurred by the Borough under this Bond Ordinance. The maximum

principal amount of debt expected to be issued for payment of the cost of the Improvement is

$1,489,004.00.

Section 10. This Bond Ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

ATTESTED TO BY: APPROVED:

______Veronica Thwing Robert A. Sabosik Deputy Borough Clerk Mayor

NOTICE OF ADOPTION OF BOND ORDINANCE

PUBLIC NOTICE IS HEREBY GIVEN that the bond ordinance published herewith has been finally adopted by the Borough of Point Pleasant, in the County of Ocean, New Jersey on

______, 2015, and the 20-day period of limitation within which a suit, action or proceeding questioning the validity of such bond ordinance can be commenced, as provided in the Local

Bond Law, has begun to run from the date of the first publication of this notice.

______Veronica Thwing, Deputy Borough Clerk

7 ORDINANCE NO. 2015-___

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT, IN THE COUNTY OF OCEAN, NEW JERSEY, PROVIDING FOR VARIOUS WATER AND SEWER IMPROVEMENTS IN AND FOR THE BOROUGH OF POINT PLEASANT AND APPROPRIATING $589,500.00 THEREFORE, AND PROVIDING FOR THE ISSUANCE OF $560,025.00 IN GENERAL IMPROVEMENT BONDS OR NOTES OF THE BOROUGH OF POINT PLEASANT TO FINANCE THE SAME.

BE IT ORDAINED BY THE BOROUGH OF COUNCIL OF THE BOROUGH OF

POINT PLEASANT, IN THE COUNTY OF OCEAN, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:

Section 1. The several improvements or purposes described in Section 3 of this bond ordinance (the “Improvements”) are hereby authorized to be undertaken by the Borough of Point

Pleasant, in the County of Ocean, New Jersey (the “Borough”) as water and sewer improvements. For the Improvements, there is hereby appropriated the sum of $589,500.00, including the sum of $29,475.00 as the down payment (the “Down Payment”) required by the

Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the New

Jersey Statutes, as amended and supplemented (the “Local Bond Law”). The Down Payment has been made available by virtue of provision in one or more previously adopted budgets for down payments for capital improvement purposes.

provisions of the Local Bond Law (the “Bond Anticipation Notes” or “Notes”).

Section 3. (a) The several improvements hereby authorized and the several purposes

for which obligations are to be issued, the estimated cost of each Improvement and the

appropriation therefore, the estimated maximum amount of bonds or notes to be issued for each

Improvement and the period of usefulness of each improvement are as follows:

Appropriation and Estimated Maximum Average Period Purpose Estimated Cost Amount of Bonds or Notes of Usefulness

Equipment (i) Purchase Radio-Read Meters, Purchase Gas Detector, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $485,500.00 $461,225.00 5 years

(ii)Purchase Fire Hydrants, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $15,000.00 $14,250.00 30 years

Facility Improvement (i) Refurbish Jetting System, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $15,400.00 $14,630.00 5 years

(ii) Water System Distribution/Sewer Collection Materials, including all related costs and expenditures incidental thereto and further including all work and material necessary therefore and incidental thereto. $28,600.00 $27,170.00 15 years

Vehicles (i) Purchase One Heavy Duty Ford F-150 Pickup Truck, including all related costs and expenditures incidental thereto and further including all work and materials necessary therefore and incidental thereto. $45,000.00 $42,750.00 5 years

2 (b) The estimated maximum amount of Bonds or Notes to be issued for the purpose of

financing a portion of the cost of the Improvement is $560,025.00.