1. 12 10 2019 Preliminary Agenda

Documents:

12 10 2019 PRELIMINARY AGENDA.PDF

2. 09 10 2019 Minutes For Approval

Documents:

09 10 2019 MINUTES FOR APPROVAL.PDF

3. 11 12 2019 Minutes For Approval

Documents:

11 12 2019 MINUTES FOR APPROVAL.PDF

4. 12 10 2019 Proclamation

Documents:

12 10 2019 PROCLAMATION.PDF

5. 12 10 2019 Resolutions

Documents:

12 10 2019 RESOLUTIONS.PDF 1 PRELIMINARY AGENDA

HOWELL TOWNSHIP COUNCIL REGULAR MEETING AGENDA

TUESDAY, DECEMBER 10, 2019

Executive Session 6:30 PM; Regular Session 7:30 PM Howell Township Municipal Building, Main Meeting Room 4567 Route 9 North, Howell, NJ (Last updated 12/5/2019 3:30 PM) This agenda for the next regular meeting of the Howell Township Council, and the resolutions linked to this agenda, reflect the agenda and proposed resolutions to the extent known at the time of posting, pursuant to N.J.S.A. 10:4-8(d). The agenda and resolutions are tentative. They are subject to amendment, additions or deletions prior to the meeting.

Any inquiries concerning the agenda and its contents should be directed to the Township Clerk at 732-938-4500, extension 2150. www.twp.howell.nj.us

1. CALL TO ORDER BY THE MAYOR

2. OPENING STATEMENT AND ROLL CALL

3. EXECUTIVE SESSION

4. PLEDGE OF ALLEGIANCE TO THE FLAG

5. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS • September 10, 2019 Regular Meeting + Executive Session + Public Release • November 12, 2019 Regular Meeting + Executive Session + Public Release

6. REPORTS OF TOWNSHIP OFFICIALS

. Proclamation – Drive Sober or Get Pulled Over 2019 Year End Holiday Crackdown . Presentation – Environmental Commission Annual Report, Joan Osborne

7. DISCUSSION

8. HEARING OF CITIZENS (1 Hour) & PUBLIC COMMENT ON CONSENT AGENDA ITEMS Please note that each person addressing the Township Council during this section of the meeting shall limit his/her remarks to five minutes pursuant to the Howell Township Council Meeting Protocol Policy.

9. CONSENT AGENDA ITEMS (*) All matters listed under item Consent Agenda marked with an * will be enacted by one motion.

2 9A RESOLUTIONS

*R-19-396 9A.1 Support the Application of the Environmental Commission for a Roots for Rivers Reforestation Grant Explanatory Statement: This Resolution supports the Application of the Environmental Commission for a Roots for Rivers Reforestation Grant.

*R-19-397 9A.2 Authorize Appointment of Registrar of Vital Statistics for the Township of Howell Explanatory Statement: This Resolution authorizes the appointment of a Registrar of Vital Statistics effective February 1, 2020.

*R-19-398 9A.3 Authorize Refund of Raffle License Fee, Brianna Starkey, $60.00 Explanatory Statement: This Resolution authorizes the refund of a Raffle License Fee to Brianna Starkey in the amount of $60.00.

*R-19-399 9A.4 Authorize Return of Driveway and/or Stabilization (Winter) Guarantees, Monmouth Chase, Toll NJ, LP, Fairfield Rd/Vicksburg Ct/Raleigh Way/Potomac Ct, Case No. SD-2901, $100,000 Explanatory Statement: This Resolution authorizes the return of Driveway and/or Stabilization (Winter) Guarantees, Monmouth Chase, Toll NJ, LP, Fairfield Rd/Vicksburg Ct/Raleigh Way/Potomac Ct, Case No. SD-2901, in the amount of $100,000.

*R-19-400 9A.5 Authorize Release of Maintenance Guarantee, Pulte Homes of NJ, LP, Colts Neck Crossing/Equestra, Block 182 Lots 35-40, 59, 66, 67.02, 70.02, 71.02, 71.03, 72-80, Route 33 & Colts Neck Road & Cranberry Road, Case No. SD-2842 – Sanitary Sewer Improvements, $409,565.12 Explanatory Statement: This Resolution authorizes the release of Maintenance Guarantee, Pulte Homes of NJ, LP, Colts Neck Crossing/Equestra, Block 182 Lots 35-40, 59, 66, 67.02, 70.02, 71.02, 71.03, 72-80, Route 33 & Colts Neck Road & Cranberry Road, Case No. SD-2842 – Sanitary Sewer Improvements, in the amount of $409,565.12.

*R-19-401 9A.6 Authorize Release of Performance Guarantee and Waiver of Maintenance Guarantee, the Fish Grill, Inc., The Fish Grill, Block 71 Lot 5, Route 9 South, Case No. SP-987 CE, $23,885.13 Explanatory Statement: This Resolution authorizes the release of Performance Guarantee and Waiver of Maintenance Guarantee, the Fish Grill, Inc., The Fish Grill, Block 71 Lot 5, Route 9 South, Case No. SP-987 CE, in the amount of $23,885.13.

3 *R-19-402 9A.7 Authorize Return of Stabilization Guarantee, Single Family Dwelling, Frank Matthews, Block 42 Lot 53, 132 Easy Street, Case No. ENG-16- 090, $2,500.00 Explanatory Statement: This Resolution authorizes the return of Stabilization Guarantee, Single Family Dwelling, Frank Matthews, Block 42 Lot 53, 132 Easy Street, Case No. ENG-16-090, in the amount of $2,500.00.

*R-19-403 9A.8 Authorize Return of Engineering Inspection Escrow Funds, B&L Building Group, Inc., Knob Hill Estates, Block 172 Lots 8.03-8.08, Block 172.02 Lots 1-7, Block 172.03 Lots 1-14, Case No. SD-2518, $110.59 Explanatory Statement: This Resolution authorizes the return of Engineering Inspection Escrow Funds, B&L Building Group, Inc., Knob Hill Estates, Block 172 Lots 8.03- 8.08, Block 172.02 Lots 1-7, Block 172.03 Lots 1-14, Case No. SD-2518, in the amount of $110.59.

*R-19-404 9A.9 Authorize Return of Unused Sanitary Sewer Review Escrow Funds, Sanitary Sewer Connection, Laura Silvani, Block 35.86 Lot 17.01, 20 Sylvan Blvd, $166.80 Explanatory Statement: This Resolution authorizes the return of Unused Sanitary Sewer Review Escrow Funds, Sanitary Sewer Connection, Laura Silvani, Block 35.86 Lot 17.01, 20 Sylvan Blvd, in the amount of $166.80.

*R-19-405 9A.10 Authorize Additional Not-to-Exceed Limitation to Dasti, Murphy, McGuckin, Ulaky, Koutsouris, and Connors with regard to duties as Special Counsel in the amount of $10,000.00 Explanatory Statement: This Resolution authorizes additional Not-to-Exceed Limitation to Dasti, Murphy, McGuckin, Ulaky, Koutsouris, and Connors with regard to duties as Special Counsel in the amount of $10,000.00.

*R-19-406 9A.11 Authorize Shared Services Agreement between the Township of Howell and the Borough of Farmingdale for New Jersey Uniform Fire Code Administration and Enforcement Explanatory Statement: This Resolution authorizes a Shared Services Agreement between the Township of Howell and the Borough of Farmingdale for New Jersey Uniform Fire Code Administration and Enforcement provided by the Howell Township Fire Bureau.

*R-19-407 9A.12 Authorize Chapter 159, 2019 Body Armor Grant, $8,138.04 Explanatory Statement: This Resolution authorizes additional monies for the 2019 Body Armor Grant, to be added to the adopted 2019 Budget in the amount of $8,138.04.

4 *R-19-408 9A.13 Authorize Execution of Shared Services Agreement with Freehold Township for Licensed Operational Services for Township of Howell Water-Sewer Utilities Explanatory Statement: This Resolution authorizes execution of a Shared Services Agreement with Freehold Township for Licensed Operational Services for Township of Howell Water-Sewer Utilities.

*R-19-409 9A.14 Authorize Award of Contract, Co-Op Purchase through ESCNJ, Mall Chevrolet, One 2019 or newer Chevrolet Tahoe, Howell Fire Bureau, $38,927.47 Explanatory Statement: This Resolution authorizes an Award of Contract, Co-Op Purchase through Educational Services Commission of New Jersey, Mall Chevrolet, One (1) 2019 or newer Chevrolet Tahoe for Howell Fire Bureau, $38,927.47.

*R-19-410 9A.15 Authorize Refund of Overpaid Taxes, Various Explanatory Statement: This Resolution authorizes a Refund of Overpaid Taxes, Various.

*R-19-411 9A.16 Authorize Cancellation and Relief from Taxes Deemed Uncollectible Explanatory Statement: This Resolution authorizes cancellation and relieves the Tax Collector from the obligation of collecting on said taxes deemed uncollectible.

*R-19-412 9A.17 Authorize Approval of Spending Plan Explanatory Statement: This Resolution authorizes approval of an Affordable Housing Trust Fund Spending Plan.

*R-19-413 9A.18 Authorize Tentative and Final Sanitary Sewer Approval, Matt Ligotti, Shepherd Estates, Block 2 Lot 5, Case No. SD-2909 Explanatory Statement: This Resolution authorizes Tentative and Final Sanitary Sewer Approval, Matt Ligotti, Shepherd Estates, Block 2 Lot 5, Case No. SD-2909.

*R-19-414 9A.19 Authorize Chapter 159, NJDOT 2019 Municipal Road Aid - Lanes Mill Road, $250,000.00 Explanatory Statement: This Resolution authorizes additional monies for the NJDOT 2019 Municipal Road Aid - Lanes Mill Road to be added to the adopted 2019 Budget in the amount of $250,000.00.

*R-19-415 9A.20 Authorize Cancellation of 2019 Tax and Sewer Balances and Credits of less than $5.00 (Five Dollars) Explanatory Statement: This Resolution permits the Tax Collector and Utility Department to issue refunds up to $5.00 on taxes and/or sewer delinquencies unless the total tax or sewer charge of that person due was less than $5.00.

5 *R-19-416 9A.21 Authorize Release of Maintenance Guarantee, Saveria Builders, LLC, Pine Hill III, Block 59 Lots 3 & 3.01 (new Lots 3.02-3.18), Saveria Court off Aldrich Road, Case No. SD-2817 – Site Improvements, $60,599.02 Explanatory Statement: This Resolution authorizes the release of Maintenance Guarantee, Saveria Builders, LLC, Pine Hill III, Block 59 Lots 3 & 3.01 (new Lots 3.02-3.18), Saveria Court off Aldrich Road, Case No. SD-2817 – Site Improvements, in the amount of $60,599.02.

*R-19-417 9A.22 Authorize Additional Not-to-Exceed Limitation to CME Associates with regard to Duties as Affordable Housing Planner, $17,948.50 Explanatory Statement: This Resolution authorizes additional Not-to-Exceed Limitation to CME Associates with regard to Duties as Affordable Housing Planner, in the amount of $17,948.50.

*R-19-418 9A.23 Authorize Intent to Bond or Appropriate Funds for Affordable Housing in the Event of a Funding Shortfall Explanatory Statement: This Resolution authorizes Intent to Bond or Appropriate Funds for Affordable Housing in the Event of a Funding Shortfall.

*R-19-419 9A.24 Authorize Award of Contract, Co-Op Purchase through ESCNJ, Beyer Ford, One 2020 Ford F-250 Pick-up, Howell Fire Bureau, $34,436.40 Explanatory Statement: This Resolution authorizes an Award of Contract, Co-Op Purchase through Educational Services Commission of New Jersey, Beyer Ford, One (1) 2020 Ford F-250 Pick-up, Howell Fire Bureau, $34,436.40.

9B MOTIONS

* 9B.1 Authorize Participation in the New Jersey Tree Recovery Campaign receiving up to 1,000 free tree seedlings to distribute to Township residents * 9B.2 Second Hand Dealer License, Jem Jewelers, 780 Route 9 South

10. PUBLIC HEARINGS ON ORDINANCES

11. INTRODUCTION OF ORDINANCES

12. UNFINISHED BUSINESS

6 13. INFORMATION

• Municipal Offices Closed ½ Work Day, Tuesday, December 24, 2019 • Municipal Offices Closed Wednesday, December 25, 2019 • Municipal Offices Closed ½ Work Day, Tuesday, December 31, 2019 • Municipal Offices Closed Wednesday, January 1, 2020

14. MEETING DATES:

Reorganization/Regular Meeting - Tuesday, January 7, 2020 Executive Session 4:00 P.M. Regular Session 5:00 P.M.

15. ADJOURNMENT 11:00 PM

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 1

1. Meeting Called to Order Deputy Mayor O’Donnell called this meeting to order at 6:05 PM.

2. Opening Statement and Roll Call Deputy Township Clerk Ciranni read the opening statement. Adequate notice of the holding of this meeting of the Howell Township Council was provided for in the following manner: (1) By the posting of a copy of said notice upon the bulletin board in the Township Municipal Building on August 29, 2019. (2) By copy of said notice to the Tri Town News and Star Ledger for information and publication on August 29, 2019. (3) By the filing of a copy of said form of notice in the Township Clerk’s office on August 29, 2019. The public will be allowed to attend and will be allowed to participate pursuant to the Open Public Meetings Law. The public is reminded that civility and decorum will be maintained during the meeting. Any contracts awarded at this meeting, or between now and the next meeting will be required to comply with the requirements of Public Law 1975 Chapter 127 (NJAC 17:27).

Roll Call: Present: Deputy Mayor Evelyn O’Donnell, Councilman John Bonevich, Councilwoman Pamela Richmond. Councilman Thomas Russo. Also present: Township Manager Brian Geoghegan, Community Development Director/Deputy Township Manager James Herrman, Township Attorney Joseph Clark, Chief Financial Officer Louis Palazzo (7:30 PM), Assistant Finance Officer Alexis Caufield (7:30 PM), Deputy Township Clerk Allison Ciranni. Absent: Mayor Theresa Berger.

Public Hearing – Monmouth County Municipal Open Space Grant - Two Segments of the Capitol to the Coast Trail: Soldier Memorial Park and Preventorium Road Community Development Director/Deputy Township Manager Jim Herrman introduced Kelsey Howard, Associate and Grants and Funding Services Coordinator at Maser Consulting. Ms. Howard will provide this evening’s presentation of the Monmouth County Municipal Open Space Grant application as required by the public hearing process of the Open Space Grant. Questions will be addressed at the end of the presentation.

Public Hearing Requirement . Public hearing is required . Notice advertised in the Asbury Park Press 08/30/19 (at least 10 days prior) . Purpose is to discuss the grant application

Program Overview . Objective: Develop/redevelop land to expand recreational opportunities . Emphasis on development of new recreational facilities . Grant pays 50% of eligible construction costs up to $250,000 . September 19, 2019 grant application deadline

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 2

Project Need . Complete missing segments of the Capitol to the Coast Trail . Connect Soldier Memorial Park to Oak Glen Park . Provide a contiguous regional trail facility . Increase pedestrian safety between Soldier Memorial Park and overflow parking at the practice football fields for Howell Day

Capitol to the Coast Trail - 55+ mile long bike and walking trail partially connecting Trenton and Manasquan. A large section of the trail runs though the Township and has already been completed. There are missing trail segments within Howell. The project will complete missing trail segments to connect Oak Glen Park and Soldier Memorial Park. The project will link park and recreation opportunities provide a contiguous regional trail facility. Soldier Memorial Park users will have a safe pedestrian route between the overflow parking at the practice football fields and the park for events like Howell Day.

Project Location – Segment #1 Soldier Memorial Park to Bear Swamp Pond . From the park entrance (579 Lakewood-Farmingdale Rd (CR 547)) . Extending along Maxim Rd west for approximately 1,200 ft . Extending approximately 480 ft north to the North Branch Squankum Brook within the Bear Swamp Natural Area (Maxim Rd) to connect to the existing trail . Impacted properties may include Block 46, Lot 28; an easement along Block 51, Lot 42.01; Block 51, Lot 42.02 and Block 51, Lot 41.01

Project Location – Segment #2 Bear Swamp Trail (Preventorium Road) to Oak Glen Park . Along Preventorium Rd starting approximately 1,800 ft north of the intersection with Maxim Rd at the existing trail and extending approximately 2,140 ft to Oak Glen Park (Preventorium Rd) . Extending west approximately 560 ft to connect to the existing trail . Impacted properties may include Block 51, Lot 12, and Block 66.01, Lot 29

Project Scope . Off-road paved and/or quarry dust trail . Trail pavement markings and striping at areas where trail is in the shoulder of the roadway . Bridge for stream crossing . Rapid Reflective Flashing Beacons (RRFB), striping and signage for mid- block crosswalk . Trail and traffic safety signage and warning devices, as needed throughout . Curb, sidewalk and ADA compliance improvements, as needed

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 3

Anticipated Schedule Activity Start Complete Execute Grant Agreement (due 6 mos. from application selection) January 2020 June 2020 Obtain and submit Preliminary Assessment Report June 2020 Design & Permitting (6-9 mos. depending on permitting) June 2020 March 2021 Go out to bid April 2021 May 2021 Award construction contract June 2021 Construction (6 mos.) July 2021 January 2022 Reimbursement Documentation Submitted (due 30 mos. from application selection) January 2022 March 2022

Funding Request . Total construction cost: $500,181 . Grant request is: $250,000 . Township match to construction cost is: $250,181

Township share is at least 50% of construction plus soft/engineering costs

Ms. Howard welcomed questions from Councilmembers. Councilman Bonevich asked what percentage of the trail will be paved. Ms. Howard stated that that has not been determined yet. Mr. Herrman stated that it is going to vary. He has requested that staff members take photos of the area during Howell Day on September 21st since traffic control will be in use at this high traffic area. He added that there are drainage issues to work through. Councilman Bonevich asked if it is foreseen that the project will exceed $500,000. Mr. Herrman stated he does not believe it will exceed $500,000. Councilman Bonevich inquired what account the matching money will come from. Mr. Herrman stated it will come from the Open Space Trust and there will be no separate bonding. He added that if the project comes in at less than $500,000, the amount of the grant is reduced as well, therefore it makes sense to maximize the amount.

Public Comment Kathi Novak, 16 Stratton Drive. Ms. Novak asked who Mr. Herrman worked this plan out with. Mr. Herrman stated that he had discussions with Monmouth County representatives. Ms. Novak stated that Soldier Memorial Park gets very busy with sports activities and will the trail interfere with that. Mr. Herrman stated that the trail will not extend through Soldier Memorial Park right now; eventually there will probably be a trail around the perimeter of the park. Ms. Novak is concerned about whether existing trails will be paved in swampy areas. Mr. Herrman explained the process of permitting to build trails with drainage.

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 4

Lisa Doud, 93 Merrick Road. Ms. Doud stated that she has ridden this trail, crossing over from the Manasquan Reservoir to the baseball fields. She asked if there will be improvements to this trail. Mr. Herrman responded that there is a section of the trail that is County owned and a section that is Township owned. It is a maintenance issue that the Township needs to make sure the Department of Public Works addresses maintaining the existing trail section from the back of the baseball fields to where the wooden bollards are. Ms. Doud stated she believes hunting is allowed in that area. Mr. Herrman stated he is not aware of that but it depends on whose property it is. He added that there is no hunting allowed on Township property. Deputy Mayor O’Donnell added that the County allows hunting on their property. Mr. Herrman stated that the bollards are at the County property line. Ms. Doud inquired about the trail being paved. Mr. Herrman stated that it is not the Township’s intention to pave the trail.

Joan Osborne, 28 Bronia Street. Ms. Bronia stated she is happy about any section of the Capitol to the Coast Trail getting done. She asked if it is correct that no part of the trail will be going through the natural areas of Bear Swamp. Mr. Herrman explained that it will be crossing Route 547 and there will be an ADA compliant ramp on the Soldier Memorial side then it will extend on the other side. It will not be creating any new trails within the soccer or lacrosse fields at this time. Ms. Osborne asked if Howell Township will be maintaining it once it becomes part of the Capitol to the Coast Trail and if there has been an analysis of the annual cost to do so. Mr. Herrman stated that the Township will be maintaining the trail and that it will be an asset like any other and that it will be added to the maintenance list. Ms. Osborne stated there are people on ATVs and dirt bikes riding on the trails and asked if that will be a similar situation with this trail. Mr. Herrman agreed that people are illegally trespassing on Township property on ATVs and dirt bikes. He explained that these are two very small segments of the trail and are very publicly exposed and he does not believe there will be an issue. When the Township built the dam, they attempted to limit ATV access by installing a gate and smaller openings over the dam; ATV riders then drove through the stream to get to the other side. Many residences back up to the area and some of the ATV riders may be coming from them. Ms. Osborne asked if any meetings took place on this matter with members of the Lake Restoration and Wildlife Management Committee. Mr. Herrman stated that they did not. Ms. Osborne stated it would be nice if the application process was done in June and there was some time for the Environmental Commission and Lake Restoration and Wildlife Management Committee to study and provide input before presenting the final application.

Councilwoman Richmond asked Mr. Herrman if there is a policy stating that the committees must be informed about the project. Mr. Herrman responded that there is not. Councilwoman Richmond added that she did personally sit with Mr. Herrman last week to review the application.

Elaine Taylor, Southard Road. Ms. Taylor stated that she and other equestrians are concerned about making sure the trails will be multi-use and suitable for people to ride their horses. There are many horse farms that keep the community rural and it is important to provide safe space for riding.

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 5

Deputy Mayor O’Donnell posed a question to Ms. Howard. Now that the County will be involved in not only the process but also the final result, will there be any enforcement on the County level to prevent ATVs from going through the streams, i.e., park rangers? Ms. Howard stated that would not be in the terms of the grant but perhaps it can be discussed separately with the County. Close Public Comment

3. Executive Session There is a need to go into executive session for subjects to be discussed per N.J.S.A. 10:4-12, specifically under Attorney-Client Privilege, Contract Negotiations and Personnel. The Township Council will reconvene in public session at 7:30 PM. Councilwoman Richmond made a motion, seconded by Councilman Bonevich. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell. Meeting reconvened 7:30 PM.

Deputy Mayor O’Donnell announced that the Executive Session Minutes from tonight’s meeting can be disclosed to the public at the next Regular Meeting, providing the need for confidentiality no longer exists.

4. Pledge of Allegiance to the Flag

5. Acceptance of Minutes of Previous Meetings • August 13, 2019 Regular Meeting • August 13, 2019 Regular Meeting - Amended Township Manager Geoghegan read the amendment to the August 13, 2019 meeting into the record: Mark Parisi, 2 Castle Court. Mr. Parisi questioned the progress of enforcing the noise ordinance. The last information provided was that Township Attorney Clark spoke to the County Health Department and they had not come to any Shared Services agreement. Mr. Parisi had suggested to Mr. Clark that Howell Township delegate a Code Enforcement Officer to get trained and certified to enforce the noise ordinance in house. Deputy Mayor O’Donnell asked Mr. Herrman for an update. Deputy Township Manager Herrman responded that there is no update on this matter. Deputy Mayor O’Donnell suggested that Mr. Parisi contact Township Attorney Clark upon Mr. Clark’s return from vacation. Deputy Mayor O’Donnell asked Deputy Township Manager Herrman to take the necessary steps to finalize this issue and come forward with information that is viable to the public in keeping our ordinances current. Mr. Herrman acknowledged. Councilman Bonevich made a motion to accept the above minutes, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell.

• August 27, 2019 Special Meeting Councilman Bonevich made a motion to accept the above minutes, seconded by Councilman Russo. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell.

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 6

6. Reports of Township Officials

. Proclamation – Ovarian Cancer Awareness Month, September 2019

. Presentation – Monmouth County Community Development Block Grant Program (Kathi Novak, CDBG Citizens Committee Chairperson)

Kathi Novak, CDBG Citizens Participation Committee Chairperson, presented the Fiscal Year 2020 Community Development Block Grant application referred to as “Scenic Drive and Long Road Paving.”

The Citizens Participation Committee consisted of members Donald DiBello, Matthew Howard, Claire Petruzzella, Elaine Taylor, and Kathi Novak, Chair. On September 5, 2019, the Committee met with Justin Yost, Deputy Director of Community Development, Tom Savino, Engineering Coordinator, and Jim Herrman, Director of Community Development to discuss several potential projects for the 2020 application. After much discussion, the Committee determined that resurfacing the entire length of Scenic Drive from Route 9 to Strickland Road along with the entire length of Long Road and Briarcliff Court, total length approximately 4,480 feet, with a cul-de-sac, would best qualify for funding and therefore would be pursued under the 2020 funding request.

Based on the estimate for this project, the maximum grant amount of $200,000 will be requested. The Engineering Department anticipates preparing the engineering plans and specifications using in-house staff. If the Council agrees with our presentation, the CDBG grant rules require a quick straw poll vote of the Councilmembers to approve or deny the application. No formal resolution is required. The meeting will also be opened to the public for comments. No comments.

Ms. Novak welcomed questions from Council; no questions. Councilman Russo thanked Ms. Novak and Mr. Herrman for all their work. Quick straw poll vote – all ayes.

The Township Council supported the submission of the Fiscal Year 2020 Community Development Block Grant application known as “Scenic Drive and Long Road Paving.”

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 7

Township Manager Geoghegan mentioned that there are resolutions on the agenda related to the 2018 audit. He stated that the auditors returned their review with no comments, which is a good indicator that the Finance Department is running very efficiently and has good controls in place. Manager Geoghegan added that he just received an updated Best Practices questionnaire and he will being working on it with Chief Financial Officer Palazzo. It is due at the end of October and will determine the Township’s state aid for 2020. Manager Geoghegan also stated that a few items related to COAH issues were removed from the agenda: resolutions R-19-318 and R-19- 319 and ordinances O-19-42, O-19-43, O-19-44, and O-19-45. He explained that they were removed because late this afternoon COAH Attorney Andrew Bayer received comments from the Special Court Master requesting changes and Council would not have had time to review them. The revised ordinances will be submitted to Council with sufficient time to review and ask any questions. Manager Geoghegan added that he does not believe there are any significant changes.

Deputy Township Clerk Ciranni stated that changes on the agenda from Preliminary to Final Agenda include:

Added to the Agenda Resolutions R-19-315 9A.38 Authorize Execution of Easement and Right of Way and Temporary Construction Easement between New Jersey American Water Company and Township of Howell, Newtons Corner Road R-19-316 9A.39 Authorize Approval of Affordable Housing Affirmative Marketing Plan R-19-317 9A.40 Authorize Endorsement of Housing Element and Fair Share Plan

Removed from the Agenda Presentation Howell Environmental Commission/Municipal Green Team – Mary Ann Cernak – postponed to a future meeting.

Deputy Mayor O’Donnell announced that she performed a marriage ceremony in August at the Manasquan Reservoir and wished to congratulate the couple once again. She also congratulated a Howell couple who are members of the Senior Center who recently became U.S. citizens.

7. Discussion Council Meeting Schedule – Workshop/Regular. Deputy Mayor O’Donnell requested that this discussion be postponed until Mayor Berger is present for her input. All Councilmembers agreed.

Deputy Mayor O’Donnell announced a five minute speaking limit for the Hearing of Citizens & Public Comment on Consent Agenda Items. Deputy Clerk Ciranni will announce a four minute warning so the speaker is aware they have one minute left to express their comments.

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 8

8. Hearing of Citizens & Public Comment on Consent Agenda Items Tina Smilek, 33 Charles Street. Ms. Smilek requested that Council recognize September as Childhood Cancer Awareness Month. Ms. Smilek questioned why some municipal shared services agreements are for nine years and some are for four. Manager Geoghegan stated that it is what the County requested. Ms. Smilek asked if Council has reviewed the audit. Councilmembers stated that they had. Ms. Smilek pointed out a possible discrepancy on the last page of the audit; Township Attorney Clark is going to reach out to the auditors and see if it needs to be addressed. Ms. Smilek expressed concern about a possible message board outside the municipal building; she feels it will be distracting to drivers. Ms. Smilek questioned the shared services agreement with Farmingdale – will the residents be paying the same fees Howell residents pay for the same services? Manager Geoghegan stated that they will, once their fees are modified, which they are working on now. Ms. Smilek asked how many municipalities the new Tax Collector serves. Manager Geoghegan responded that he may be helping his former employer while they transition, but he is not sure if he plans on retaining that employment. Manager Geoghegan added that the Tax Collector is not providing services for Farmingdale. He stated that the Tax Collector is here during regular business hours tending to Howell Township’s needs and is doing a great job so far. Ms. Smilek asked if the Councilmembers interviewed any Tax Collector candidates or just the Manager. Manager Geoghegan stated that he conducted the interviews because it is the Manager’s appointment. Ms. Smilek stated that a lot has been added to the agenda and it is difficult for residents to have time to review. Deputy Mayor O’Donnell asked which resolutions Ms. Smilek was referring to. Ms. Smilek questioned item number 9A.16, to which CFO Palazzo responded that we are on time and have a 90 day extension to the audit. Ms. Smilek questioned item number 9A.21 to which CFO Palazzo responded it is an amended spending plan to mirror the adopted budget. Ms. Smilek questioned item number 9A.37 regarding the Capitol to the Coast Trail, is it a matching grant? Mr. Herrman responded that it is a matching grant, that we had applied for $500,000 total which would be $250,000 and $250,000, which was presented this evening at 6:00 PM. Ms. Smilek was stopped after five minutes per the Howell Township Council Meeting Protocol Policy. Ms. Smilek requested that she be allowed to return to ask questions on agenda items that were added late once other residents had completed their questions and comments.

Barbara Dixel, 62A Piazza Vittoria. Mrs. Dixel questioned agenda items 9A.13 and 9A.14. Township Manager Geoghegan responded that statutorily, a certain person needs to be appointed to these positions for the remainder of the year due to the former Tax Collector’s retirement as of September 1st; it is generally done at the annual reorganization meeting. Mrs. Dixel expressed disapproval of the winner of this year’s Ann G. Ritchey Environmental Award because the individual is a paid employee of the Howell Board of Education, not strictly a volunteer. Deputy Mayor O’Donnell stated Mrs. Dixel should bring up her concerns with the Environmental Commission. Councilwoman Richmond stated that the recipient is a Howell Township resident.

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 9

Mark Parisi, 2 Castle Court. Mr. Parisi thanked the governing body for amending the August 13, 2019 meeting minutes. He asked if there was any update on the progress of enforcing the noise ordinance. Township Attorney Clark stated there is no update at this time but a number of possible solutions are being looked into. Mr. Parisi mentioned the Monmouth Commerce Center, a project before the Planning Board. He inquired if the governing body has considered the idea of appointing a special council to represent the interests of the Township before the Planning Board due to the potential for impact within the Township. Township Attorney Clark stated that because this application is pending, it would not be appropriate for the governing body to discuss it at this time.

Kathi Novak, 16 Stratton Drive. Ms. Novak stated that she has met the new Tax Collector and he said he is working part time in Neptune City and Belmar as Tax Collector, and full time in Howell. Deputy Mayor O’Donnell asked Township Manager Geoghegan if the Tax Collector works for Howell 40 hours per week. Township Manager Geoghegan stated he works for Howell 35 hours per week, Monday through Friday, during regular business hours. Close Hearing of Citizens

9. Consent Agenda Council reviewed and discussed the Consent Agenda. Councilman Bonevich made a motion to approve the Consent Agenda with the exception of resolutions R-19-318 and R-19-319, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell.

Resolutions R-19-278 9A.1 Authorize Person-To-Person Transfer of Plenary Retail Alcoholic Beverage Consumption License 1319-33-005-009 From Guru Management, Inc. (formerly t/a Scooters) To Nosh Ventures, LLC (t/a Arooga’s Grill House and Bar), Lanes Mill Crossing, 5169 Highway 9 North R-19-279 9A.2 Authorize Permit for Fireworks Display at Howell Day on September 21, 2019 at Soldier Memorial Park at approximately 7:45 P.M. R-19-280 9A.3 Authorize Chapter 159, Howell Senior Services Grant, $3,400.00 R-19-281 9A.4 Authorize Award of Contract, Snow Removal, Contract #19-09, John Blewett Inc., 246 Herbertsville Road R-19-282 9A.5 Authorize the Execution of a Commodity Resale Agreement with the County of Monmouth R-19-283 9A.6 Authorize the Execution of a Municipal Assistance/Shared Services Agreement with the County of Monmouth R-19-284 9A.7 Authorize Award of Contract, Spatial Data Logic Software – Large Town Enterprise License, SHI International Corp, NJ State Contract ITS58, Contract #89851, $52,500.00 R-19-285 9A.8 Authorize Award of Contract, Brush Grinding and Woodchip Removal, Contract #19-18, Mazza Mulch, 3230A Shafto Road, Tinton Falls, $38,500.00 R-19-286 9A.9 Authorize Return of Restoration Guarantee, Road Opening Permit RO-97-95, Harold Ranges, $90.00 TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 10

R-19-287 9A.10 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, P.C., Block 177, Lot 30, State Highway Route 33, $322.48 R-19-288 9A.11 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, P.C., Block 119, Lot 6, East 5th Street, $322.48 R-19-289 9A.12 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, P.C., Block 42, Lot 22, 620 Oak Glen Road, $322.48 R-19-290 9A.13 Authorize Appointment of Township Utility Collector for the Remainder of 2019 R-19-291 9A.14 Authorize Appointment of Township Tax Search Official for the Remainder of 2019 R-19-292 9A.15 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, P.C., Block 144, Lot 113, 1251 US Highway 9 North, $395.88 R-19-293 9A.16 Authorize Acceptance of the 2018 Municipal Audit R-19-294 9A.17 Authorize Corrective Action Plan for the 2018 Audit Findings R-19-295 9A.18 Authorize Additional Not-To-Exceed Limitation to Dasti, Murphy, McGuckin, Ulaky, Koutsouris, and Connors with regard to duties as Special Counsel, $10,000.00 R-19-296 9A.19 Authorize the Execution of an Amended Land Use Developer’s Agreement with Apple Ridge Development, Inc. R-19-297 9A.20 Authorize Refund of Overpaid Taxes, Various R-19-298 9A.21 Amend 2019 Capital Budget R-19-299 9A.22 Authorize Shared Services Agreement between Township of Howell and Borough of Farmingdale for New Jersey Uniform Fire Code Administration and Enforcement R-19-300 9A.23 Authorize Cancellation of Various Balances R-19-301 9A.24 Authorize the Release and Transfer of Unused Sanitary Sewer Review Escrow Funds, 3G Corporation, Goldmont/Grebow Shopping Center, Block 71, Lots 1, 8, 9, 51, 51.01, Route 9 and Ford Road, Case No. SP-904A, $27,887.01 R-19-302 9A.25 Authorize Award of Contract, Law Enforcement Firearms Equipment and Supplies, Eagle PT.Gun/T.J. Morris & Son, NJ State Contract No. 17-Fleet- 00721, $45,256.70 R-19-303 9A.26 Authorize Appointment of Township Tax Collector R-19-304 9A.27 Authorize Appointment of Municipal Housing Liaison R-19-305 9A.28 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2019-1322, Block 35.11 Lot 13, 10 Arlington Avenue, $281.25 R-19-306 9A.29 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2018-2539, Block 81 Lot 28, 519 Middle Lane, $262.50 R-19-307 9A.30 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2018-2541, Block 35.36 Lot 2, 36 South Longview Road, $262.50

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 11

R-19-308 9A.31 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2018-2540, Block 79.06 Lot 20, 15 Dantley Drive, $262.50 R-19-309 9A.32 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2018-2819, Block 93.01 Lot 11, 662 Aldrich Road, $281.25 R-19-310 9A.33 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2019-2933, Block 35.33 Lot 15, 10 Putnam Road, $281.25 R-19-311 9A.34 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2019-0035, Block 35.36 Lot 2, 22 Scenic Drive, $281.25 R-19-312 9A.35 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2019-0592, Block 54.01 Lot 16.11, 22 Julies Way, $281.25 R-19-313 9A.36 Authorize Refund of a Construction Permit Application, Vivint Solar, Inc., Permit #2019-0255, Block 96 Lot 4, 18 Oakwood Drive, $281.25 R-19-314 9A.37 Authorize Application to the 2019 Monmouth County Municipal Open Space Grant Program for the Capitol to the Coast Trail Extension R-19-315 9A.38 Authorize Execution of Easement and Right of Way and Temporary Construction Easement between New Jersey American Water Company and Township of Howell, Newtons Corner Road R-19-316 9A.39 Authorize Approval of Affordable Housing Affirmative Marketing Plan R-19-317 9A.40 Authorize Endorsement of Housing Element and Fair Share Plan R-19-318 9A.41 Removed from agenda R-19-319 9A.42 Removed from agenda

Motions 9B.1 Removed from agenda

9B.2 Appoint Member to Municipal Alliance Member, 1 Year Unexpired Term Expiring 12/31/2019 Councilwoman Richmond made a motion to appoint Cristina Keresztes as a Member of the Municipal Alliance, 1 Year Unexpired Term Expiring 12/31/2019, seconded by Councilman Bonevich. Roll call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell.

10. Public Hearing on Ordinances 10.1 O-19-39 2019 Salary Ordinance, Assistant Finance Officer Deputy Mayor O’Donnell read Ordinance Adoption Statement. Ordinance No. O-19-39 introduced and passed on first reading on 8/13/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 8/16/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 12

Deputy Township Clerk read title of ordinance. AN ORDINANCE SETTING FORTH AND AMENDING AND SUPPLEMENTING THE SALARY RANGE SCHEDULE FOR THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF HOWELL

Public Hearing on Ordinance O-19-39 No public comment.

Councilman Bonevich made a motion to adopt Ordinance O-19-39 and that notice of its passage and adoption be published in the 9/13/19 issue of the Asbury Park Press, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell.

10.2 O-19-40 2019 Bond Ordinance, General Capital Improvements Deputy Mayor O’Donnell read Ordinance Adoption Statement. Ordinance No. O-19-40 introduced and passed on first reading on 8/13/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 8/16/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

Deputy Township Clerk Ciranni read title of ordinance. BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS AND THE ACQUISITION OF VARIOUS CAPITAL EQUIPMENT, APPROPRIATING $4,696,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $4,395,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE TOWNSHIP OF HOWELL, IN THE COUNTY OF MONMOUTH, NEW JERSEY

Public Hearing on Ordinance O-19-40 Kathi Novak, 16 Stratton Drive. Ms. Novak asked if this bond includes $66,000 from the Open Space Trust Fund. Chief Financial Officer Palazzo confirmed that it does. Ms. Novak inquired how it works. Township Manager Geoghegan explained that two mowers had been requested by the Department of Public Works for maintenance of various open space areas but the Township opted to procure them through Open Space Funding. Close Hearing on Ordinance O-19-40

Councilman Bonevich made a motion to adopt Ordinance O-19-40 and that notice of its passage and adoption be published in the 9/13/19 issue of the Asbury Park Press, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell.

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 13

10.3 O-19-41 2019 Bond Ordinance, Sewer Improvements

Deputy Mayor O’Donnell read Ordinance Adoption Statement. Ordinance No. O-19-41 introduced and passed on first reading on 8/13/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 8/16/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

Deputy Township Clerk Ciranni read title of ordinance. CAPITAL ORDINANCE PROVIDING FOR THE REHABILITATION OF THE ARDENA PUMP STATION, AND APPROPRIATING $350,000 THEREFOR, AUTHORIZED IN AND BY THE TOWNSHIP OF HOWELL, IN THE COUNTY OF MONMOUTH, NEW JERSEY

Public Hearing on Ordinance O-19-41 No public comment.

Councilwoman Richmond made a motion to adopt Ordinance O-19-41 and that notice of its passage and adoption be published in the 9/1319 issue of the Asbury Park Press, seconded by Councilman Bonevich. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell.

10.4 O-19-42 AN ORDINANCE AMENDING CHAPTER 8 OF THE TOWNSHIP CODE ENTITLED “AFFORDABLE HOUSING” REPEALING AND REPLACING ARTICLE I ENTITLED “AFFORDABLE HOUSING MANAGEMENT SERVICES” AND ARTICLE II ENTITLED “MUNICPAL HOUSING LIAISON” AND CREATING A NEW ARTICLE ENTITLED “AFFORDABLE HOUSING REGULATIONS” Removed from agenda

10.5 O-19-43 AN ORDINANCE AMENDING ARTICLE X THE TOWNSHIP CODE ENTITLED “ZONES” CREATING A NEW SECTION 188-84.2 ENTITLED “MODERATE AND LOW-INCOME HOUSING ZONE TWELVE (12)” TO BE KNOWN AS ML-12 Removed from agenda

10.6 O-19-44 AN ORDINANCE AMENDING ARTICLE X THE TOWNSHIP CODE ENTITLED “ZONES” CREATING A NEW SECTION 188-84.3 ENTITLED “MODERATE AND LOW-INCOME HOUSING ZONE THIRTEEN (13)” TO BE KNOWN AS ML-13 Removed from agenda

TOWNSHIP OF HOWELL SEPTEMBER 10, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 14

10.7 O-19-45 AN ORDINANCE AMENDING ARTICLE X THE TOWNSHIP CODE ENTITLED “ZONES” CREATING A NEW SECTION 188-84.4 ENTITLED

“MODERATE AND LOW-INCOME HOUSING ZONE FOURTEEN (14)” TO BE KNOWN AS ML-14 Removed from agenda

11. Introduction of Ordinances None

12. Unfinished Business

13. Information

• Municipal Offices Closed Monday, October 14, 2019 in observance of Columbus Day

14. Meeting Dates

Regular Meeting - Tuesday, September 24, 2019 Executive Session 6:30 P.M. Regular Session 7:30 P.M.

Regular Meeting - Tuesday, October 22, 2019 Executive Session 6:30 P.M. Regular Session 7:30 P.M.

15. Adjournment Councilwoman Richmond made a motion to adjourn the meeting, seconded by Councilman Bonevich. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell. Meeting adjourned at 8:16 PM.

Respectfully,

Allison Ciranni Deputy Township Clerk Township of Howell

TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 1

1. Meeting Called to Order Mayor Berger called this meeting to order at 6:36 PM.

2. Opening Statement and Roll Call Deputy Township Clerk Ciranni read the opening statement. Adequate notice of the holding of this meeting of the Howell Township Council was provided for in the following manner: (1) By the posting of a copy of said notice upon the bulletin board in the Township Municipal Building on January 3, 2019. (2) By copy of said notice to the Tri Town News and Star Ledger for information and publication on January 3, 2019. (3) By the filing of a copy of said form of notice in the Township Clerk’s office on January 3, 2019. The public will be allowed to attend and will be allowed to participate pursuant to the Open Public Meetings Law. The public is reminded that civility and decorum will be maintained during the meeting. Any contracts awarded at this meeting, or between now and the next meeting will be required to comply with the requirements of Public Law 1975 Chapter 127 (NJAC 17:27).

Roll Call: Present: Mayor Theresa Berger, Deputy Mayor Evelyn O’Donnell, Councilman John Bonevich, Councilwoman Pamela Richmond, Councilman Thomas Russo. Also present: Township Manager Brian Geoghegan, Community Development Director/Deputy Township Manager James Herrman, Township Attorney Joseph Clark, Chief Financial Officer Louis Palazzo, Affordable Housing Attorney Andrew Bayer, Acting Township Clerk Allison Ciranni.

3. Executive Session There is a need to go into executive session for subjects to be discussed per N.J.S.A. 10:4-12, specifically under Potential Litigation and Contract Negotiations. The Township Council will reconvene in public session at 7:30 PM. Councilwoman Richmond made a motion, seconded by Councilman Bonevich. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger. Meeting reconvened at 7:30 PM.

Mayor Berger announced that the Executive Session Minutes from tonight’s meeting can be disclosed to the public at the next Regular Meeting, providing the need for confidentiality no longer exists.

4. Pledge of Allegiance to the Flag – Cub Scout Pack 258

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5. Acceptance of Minutes of Previous Meetings • September 10, 2019 Regular Meeting • September 24, 2019 Regular Meeting Deputy Mayor O’Donnell made a motion to accept the minutes of September 10, 2019, seconded by Councilwoman Richmond. Councilman Bonevich stated that he watched the video of the 9/10/19 meeting and feels the minutes are not accurate. Councilman Russo stated that he had not had a chance to watch the video and therefore would abstain. Mayor Berger abstained as she was not in attendance at that meeting. Roll Call: Ayes: Councilwoman Richmond, Deputy Mayor O’Donnell. Nays: Councilman Bonevich. Abstain: Councilman Russo, Mayor Berger. Minutes of September 10, 2019 not adopted.

Deputy Mayor O’Donnell asked when members of the governing body would provide input as to their proposed amendments to the minutes. Township Manager Geoghegan stated that he had forwarded the requested change to the governing body members earlier this week. Township Attorney Clark stated that input will be needed from those who believe the minutes are inaccurate prior to the next meeting so they can be corrected and passed.

Deputy Mayor O’Donnell made a motion to accept the minutes of October 22, 2019, seconded by Councilman Bonevich. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell. Abstain: Mayor Berger.

6. Reports of Township Officials None

7. Discussion Deputy Mayor O’Donnell asked if the governing body members had thought about having workshop meetings. Mayor Berger stated that she does not like the idea. Councilman Bonevich stated that he likes the meetings the way they are. Councilman Russo stated he would like to learn more about what workshop meetings entail and asked if it could be discussed at a later date. Mayor Berger asked what the goal would be for having workshop meetings. Deputy Mayor O’Donnell stated that it would be for vetting agenda items. Councilwoman Richmond added that some governing body members are very busy and do not get to see each other to discuss issues until the council meeting. She feels that workshop meetings would be a good way to prepare themselves. Mayor Berger asked what would be the difference if issues were discussed during the regular meetings. Township Attorney Clark stated that if the governing body would like to discuss the subject further, he has some experience from another town where they have a workshop portion first and then the voting portion of the meeting, which is very short, later in the evening.

8. Hearing of Citizens & Public Comment on Consent Agenda Items Mayor Berger opened the meeting to the public. Acting Township Clerk Ciranni read the following statement: Please note that each person addressing the Township Council during this section of the meeting shall limit his/her remarks to five minutes pursuant to the Howell Township Council Meeting Protocol Policy. TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 3

Barbara Dixel, 62A Piazza Vittoria. Mrs. Dixel expressed her strong disapproval of the idea of workshop meetings. Mrs. Dixel stated that she is here this evening in her role as County Committeewoman on behalf of a resident of The Villages who reached out to her for help. The gentleman is very sick and has difficulty getting around. There is a problem with his front steps which cause him difficulty entering and exiting his home. The Villages management said they cannot help, the resident has to fix and pay for the repairs himself. Mrs. Dixel requested that Code Enforcement send someone to check the situation and should require The Villages to take care of it. Community Development Director/Deputy Township Manager Herrman said he will have it looked into.

Joan Osborne, 28 Bronia Street. Ms. Osborne spoke about the SED Special Economic Development Zone. She is particularly concerned about the proposed Monmouth Commerce Center and the increased traffic and other changes it will bring to the area. Ms. Osborne stated that the governing body has expressed that they are against over development in Howell and hopes they are considering changing or reining in the very wide ranging uses allowed in SED zones. She added that the Monmouth Commerce Center area is an environmentally sensitive area. Councilman Bonevich stated that the governing body is very aware of the Commerce Center and are looking at SED zones.

Tina Smilek, 33 Charles Street. Ms. Smilek read into the record an email written by Andre De Garmeaux in reference to agenda item 9A.2, Haystack Glen. Mr. De Garmeaux’ email spoke about his concerns if the development is built. Ms. Smilek mentioned that November is Men’s Health Month. Ms. Smilek stated that she is the reason for the September 10, 2019 minutes needing to be amended. She would like to see the minutes reflect that she was stopped at five minutes and was never called back up to speak. Regarding agenda item 9A.2, Ms. Smilek asked if there is any affordable housing element to this agreement. Township Attorney Clark stated that there is not. Affordable Housing Attorney Bayer explained that the Township’s affordable housing numbers will not be affected because it is not how affordable housing obligations are calculated under this round; growth share methodology was declared unconstitutional by the Supreme Court. Ms. Smilek asked if the open space area is wetlands that cannot be built on anyway. Township Attorney Clark stated that part is wetlands and part is a detention basin. Ms. Smilek asked if the Township will own the detention basin. Attorney Clark stated that the Township will not, it will be the homeowners association’s responsibility. Ms. Smilek wished to bring item 9A.15, budget appropriations, to the governing body’s attention. Ms. Smilek was informed that five minutes had passed; she requested a three minute extension, which Mayor Berger agreed to. Ms. Smilek questioned why the developer’s agreement was not attached for item 9A.25 and stated that the public cannot question it if it was not published. Attorney Clark stated he did not know why it was not published and added that typically, draft documents are not made available because they are considered advisory, consultative, and deliberative and are provided after consultation. (Note: the developer’s agreement was not published due to human error.) Regarding item 9A.26, Ms. Smilek asked if the additional $14,000 is for development projects. Attorney Clark stated that it is not for development projects, it is for legal matters

TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 4

Gluck Walrath is handling. Ms. Smilek stated that the County has done solar on a superfund site off Lakewood Farmingdale Road and asked what percentage Howell will be getting. Township

Manager Geoghegan stated that it will be a varying amount; it will be covering our costs and once we are made whole with all of our expenses and the County is made whole with theirs, 25 percent will go to Howell and 75 percent will go to the County. Ms. Smilek asked if we are still paying $100,000. Manager Geoghegan stated that it has decreased over time to about $60,000- $70,000 now. Ms. Smilek asked how much longer we will have to pay that and Manager Geoghegan stated forever, to the Ocean County Utilities Authority. Ms. Smilek asked if it is correct that the master plan stormwater management was last updated in 2007. Mr. Herrman explained that they do a stormwater report and permit every year as required by the Department of Environmental Protection. Ms. Smilek said she would like it to be looked at and updated with all the new building taking place.

Tom Campagna, Glen Arden. Mr. Campagna stated that he attended the Veterans Day Ceremony yesterday and it is getting smaller and smaller. He suggested that there be more advertising about it. Councilman Bonevich stated that the Township is adding new signage in front of the municipal building which could be utilized to publicize such events. Mr. Campagna asked if there are any plans to move the monument at the old municipal building to this building. Township Manager Geoghegan stated there are not.

Jaime Vander Velde, 110 Cypress Court. Ms. Vander Velde stated she is representing Pointe O’ Woods and requested that Willow Pond Drive be designated as a No Parking road overnight. She stated it is a winding road with many blind spots and there are many accidents due to parked vehicles. Township Manager Geoghegan provided his contact information to Ms. Vander Velde to discuss further and follow up with the Police Department.

Dawn Van Brunt, 21 East Shenendoah Road. Ms. Van Brunt stated she is the Founder of HOPE, Howell for Open Land and Preservation of the Environment. Ms. Van Brunt stated she is very concerned about overdevelopment in town, particularly Monmouth Commerce Center. But this evening she wished to bring attention to the Haystack Glen major subdivision on Route 547. This land is currently heavily forested and covered with wetlands and there are also many rare species on the property. Ms. Van Brunt stated she is also concerned about the waterway, Haystack Brook, which runs through this project and Monmouth Commerce Center. Ms. Van Brunt reiterated that the municipal stormwater management plan has not been updated since 2007 and suggests a current study as part of the new master plan. Close Hearing of Citizens

9. Consent Agenda Council reviewed and discussed the Consent Agenda. Councilman Bonevich made a motion to approve Consent Agenda Items 9A.1 through 9A.33 and Motions 9B.1 through 9B.4, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger.

TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 5

Resolutions

R-19-362 9A.1 Authorize submission of 2021 D.E.D.R. Grant Application, Monmouth County Board of Alcohol & Drug Abuse Services, DEDR $40,712.00; Cash Match $10,178.00; In-Kind $30,534.00 R-19-363 9A.2 Authorize the Execution of a Land Use Developer’s Agreement, Haystack Glen Major Subdivision, Planning Board Case SD-2847 A-2 R-19-364 9A.3 Authorize Release of Performance Guarantee and Acceptance of Maintenance Guarantee, Aldi, Inc., Aldi, Block 73 Lots 23.01, 24 and 25 (new lot 24.01), Route 9 South and Lanes Mill Road, Case No. SP-1015A R-19-365 9A.4 Authorize Release of Performance Guarantee and Waiver of Maintenance Guarantee, Quality Plaza, LLC, Quality Plaza, Block 25, Lot 19, US Highway 9, Case No. SP-996 – Sanitary Sewer Improvements R-19-366 9A.5 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 88 Ramtown- Greenville Road, Block 3, Lot 18.01, $437.52 R-19-367 9A.6 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 1288 Route 33, Block 185, Lot 15, $437.52 R-19-368 9A.7 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 1 Central Avenue, Block 49, Lot 49, $437.52 R-19-369 9A.8 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 137 Allaire Road, Block 47.01, Lot 1, $437.52 R-19-370 9A.9 Authorize Return of Engineering Review Escrow Funds, Verizon Wireless/Hiering, Dupignac, Stanzione, Dunn & Beck, 4611 Route 9 North (Southard Fire Co.), Block 35.83, Lot 37, $395.88 R-19-371 9A.10 Authorize Release of Performance Guarantee and Waiver of Maintenance Guarantee, Wampole-Miller, Inc. d/b/a Miller Bros., Brickyard, LLC – Solar Panel Field, Block 224 Lots 10, 17, 17.01 and 17.02, Belmar Boulevard and Birdsall Road, Case No. SP-957 R-19-372 9A.11 Authorize Return of Unused Sewer Review, Water Review, and Inspection Escrow Funds, Tipmich, LLC/Roof Maintenance Systems, Block 183, Lot 24.01 (old lots 24 and 25), Route 33 and Cedar Lane, Various Amounts, Case No. BA-13-07 R-19-373 9A.12 Authorize Return of Engineering Inspection Escrow Funds, Interstate Outdoor Advertising, LP, Billboard, Route 9 South (South of Lanes Mill Road), Block 73, Lot 21.02, $13.01, Case No. SP-972 R-19-374 9A.13 Authorize Return of Engineering Inspection Escrow Funds, BFW/Howell Associates, LLC, Sanitary Sewer Connection, Block 28, Lot 66.01, Howell Commons – Route 9 North, $422.27, Case No. SP-788S R-19-375 9A.14 Authorize Return of Engineering Inspection Escrow Funds, BFW/Howell Associates, LLC, Howell Commons Expansion, Block 28, Lot 66.01, Route 9 North and Locust Avenue, $806.22, Case No. SP-935 A2 TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 6

R-19-376 9A.15 Authorize Transfers, 2019 Municipal Budget Appropriations R-19-377 9A.16 Authorize Cancellation of Capital Improvement Appropriation Balances

R-19-378 9A.17 Authorize Release of Maintenance Guarantee, Saveria Builders, LLC, Pine Hill III – Sanitary Sewer, Block 59, Lots 3 and 3.01 (new lots 3.02-3.18), Saveria Court off Aldrich Road, $10,876.46, Case No. SD-2817 – Sanitary Sewer Improvements R-19-379 9A.18 Authorize Return of Unused Zoning Board Escrow Funds, 1016 Realty LLC, Block 177 Lots 29 and 30, 1016 Route 33 (south side of Route 33 between Yellow Brook Road and Fairfield Road), $368.17, Case No. BA06-21 R-19-380 9A.19 Authorize Return of Unused Planning Board Escrow Funds, John Davies, State Route 33, Block 177, Lot 30, (south side of Route 33 between Yellowbrook and Fairfield Roads), $133.39, Case No. SD-2668 R-19-381 9A.20 Authorize Return of Unused Planning Board Escrow Funds, Landmark Plaza Management LLC, Block 73, Lots 23.01, 24 and 25, 5010-5024 US Highway 9 South (intersection of Route 9 and Lanes Mill Road), $31.31, Case No. SP- 1015 and SP-1015A R-19-382 9A.21 Authorize Return of Unused Water and Sanitary Sewer Review Escrow Funds, Landmark Plaza Management, Aldi, Block 73, Lot 24.01, Route 9 South and Lanes Mill Road, Various Amounts, Case No. SP-1015 R-19-383 9A.22 Authorize Return of Unused Sanitary Sewer Review Escrow Funds, Landmark Plaza Management, Sanitary Sewer, Block 73, Lot 24, Route 9 South and Lanes Mill Road, $25.00, Case No. APP-01-228 R-19-384 9A.23 Authorize Acceptance of Performance Guarantee, Boulder Ridge II (Regency at Allaire), Block 183, Lots 109.01, 109.02, 110-12, State Highway 33, Case No. SD-2930A2/SP-914A R-19-385 9A.24 Authorize Refund of Overpaid Taxes, $356.03 R-19-386 9A.25 Authorize the Execution of a Land Use Developer’s Agreement, Toll Bros., Inc., Block 183, Lots 109.01, 109.02, 110, 111, and 112, Boulder Ridge at Howell, to be Known as Regency at Allaire R-19-387 9A.26 Authorize Additional Not-To-Exceed Limitation to Gluck Walrath LLP with regard to duties as Special Counsel, in the amount of $14,000.00 R-19-388 9A.27 Authorize Award of Contract, Emergency Roadway Reconstruction on Ford Road, Moderno Construction, Inc., $65,404.55 R-19-389 9A.28 Authorize Change Order No. 1 to the 2018 Pavement Patch Program, L&L Paving Company, Inc., Contract #18-11, $119,750.00 R-19-390 9A.29 Authorize Change Order No. 1 to the 2017-2018 Curb & Apron Program, Precise Construction Inc., Contract #17-08, $156,000.00 R-19-391 9A.30 Authorize Use of Educational Services Commission of NJ to Purchase Inspection and DPW Vehicles, Beyer Ford, Not to Exceed $125,000 R-19-392 9A.31 Resolution in Support of the Howell Township Green Team and Environmental Commission’s Initiative to Expand Joint Activities With the Township’s Schools

TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 7

R-19-393 9A.32 Authorize Award of NJ State Contract ITS58, Contract #89851, SHI International Corp., Server System Upgrade, $132,993.00

R-19-394 9A.33 Authorize Dedication By Rider for the Capitol to the Coast Trail Fund to Accept Donations from the Public

Motions 9B.1 2020 Renewal of Mobile Home Park License, Angle In Mobile Home Park, 1235 Highway 33 9B.2 2020 Renewal of Mobile Home Park License, Oak Hill Mobile Home Park, West Farms Road 9B.3 2020 Renewal of Mobile Home Park License, Winding Brook Mobile Home Park, 1081 Lakewood Farmingdale Road 9B.4 2020 Renewal of Mobile Home Park License, Green Acres Manor, 1 Snyder Road

10. Public Hearing on Ordinances 10.1 O-19-48 2019 Salary Ordinance, Chief of Police Mayor Berger read Ordinance Adoption Statement. Ordinance No. O-19-48 introduced and passed on first reading on 10/22/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 10/25/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE SETTING FORTH AND AMENDING AND SUPPLEMENTING THE SALARY RANGE SCHEDULE FOR THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF HOWELL

Public Hearing on Ordinance O-19-48 Jen Coombs, address not provided. Ms. Coombs inquired about the need for the Police Chief’s contract to be updated and amended. Township Manager Geoghegan responded that this salary ordinance has to be in place following the recent contract that was negotiated and settled with the Chief of Police in order to pay him the dollar amount that was agreed upon. Ms. Coombs asked what the contract entails. Manager Geoghegan responded that it covers the benefits the Chief receives such as time off and compensation. The Chief of Police is not part of any of the collective bargaining units so his contract is done separately.

TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 8

Councilwoman Richmond made a motion to adopt Ordinance O-19-48 and that notice of its passage and adoption be published in the 11/15/19 issue of the Asbury Park Press, seconded by Councilman Bonevich. Deputy Mayor O’Donnell stated that she had been asked by a resident if

this contract includes health benefits. Manager Geoghegan responded that Chief Kudrick does not take Township health benefits and he does receive a waiver. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger.

10.2 O-19-49 2020 Salary Ordinance, Non-Union Positions Mayor Berger read Ordinance Adoption Statement. Ordinance No. O-19-49 introduced and passed on first reading on 10/22/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 10/25/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE SETTING FORTH AND AMENDING AND SUPPLEMENTING THE SALARY RANGE SCHEDULE FOR THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF HOWELL

Public Hearing on Ordinance O-19-49 No public comment.

Councilman Bonevich made a motion to adopt Ordinance O-19-49 and that notice of its passage and adoption be published in the 11/15/19 issue of the Asbury Park Press, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger.

Township Manager Geoghegan announced that Affordable Housing Counsel Andrew Bayer is present this evening to address the next several affordable housing ordinances. Attorney Bayer spoke in reference to ordinances O-19-50 through O-19-54. They are a group of ordinances that implement a court-approved settlement agreement that the Council approved in 2018. Back in 2015, the Township, in accordance with a Supreme Court decision, filed a declaratory judgment complaint in the Superior Court asking for immunity from builders’ remedy litigation and requesting that the court establish the Township’s third-round affordable housing obligation for the period 1999-2025. The Council in 2018 approved a settlement agreement with Fair Share that provides the Township’s third-round affordable housing obligation for that 25 year period is 895 units. The settlement agreement also provides the mechanisms by which the Township satisfies the obligation. The public should know that Council and professionals representing the Township took advantage of all tools in the regulations that allow to minimize the impact of the settlement on residential development. For instance, of the 895 units, we were able to take 224 bonus credits, meaning there is no housing associated with those bonus credits. Because we had rental projects in the plan we received a 224 unit credit reduction that reduced the obligation to TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 9

671 units. Also, Fair Share Housing Center’s expert opined that the Township’s obligation was over 1,100 units so this settlement resulted in roughly 250-300 unit reduction off Fair Share’s expert’s estimate. The Settlement was approved in November 2018; in April 2019, there was a fairness hearing before Judge Perri in Monmouth County. She heard testimony from the

Township Planner on this matter and ultimately Judge Perri approved the settlement agreement with Fair Share. That court order approving the settlement agreement requires the Township to implement the affordable housing plan within 120 days of the Court Order approving the Settlement. We have successfully obtained a couple of extensions from the Court since the April approva and now there is a final compliance hearing scheduled for December 23, 2019. What you have before you tonight are five ordinances – three zoning ordinances and two housekeeping affordable housing ordinances. The first two, 10.3 and 10.4, are ordinances just cleaning up the Township code; the first one puts the state’s affordable housing regulations as they currently are constituted into the code and the second one updates the Township’s development fee ordinance which has been in place for 20 years, and basically provides for a fee on new housing or new commercial approvals as required by state law. The next three rezoning ordinances, 10.5, 10.6, and 10.7 are the rezoning of three sites which allowing the Township to meet its Third Round affordable housing obligations. The first one is FP Howell and when this settlement was negotiated under COAH’s regulations, the standard set-aside – meaning the percentage of units that are set aside for affordable housing – is typically under the regulations 15 percent for rental projects and 20 percent for sale projects. What we negotiated to limit the impact of development here in Howell is a 30 percent set-aside, meaning two of the three projects are inclusionary projects, and we are able to extract from developers twice what the state regulations provide for in terms of the set aside. This negotiation resulting in a thirty percent set aside was done with a number of governing body members as well as the professionals. With that in mind, the inclusionary zoning sites, the FP Howell site has 227 market rate units and 92 affordable units that are for sale. The Tyrpak site has 320 market rate units and 138 affordable housing units and the Zaback site has 252 market rate units and 108 affordable housing units. The Township has been ordered by the court to adopt these ordinances. If the Township does not adopt these ordinances there will be a motion filed by Fair Share Housing Center to enforce the settlement agreement and, more importantly, to strip the Township of immunity from builders’ remedy. What that means is that if that happens, these 30 percent set-asides that have been negotiated are at risk because the developers are going to come back and say the Township has no immunity and will sue the Township to try to get double the market rate units as compared to the affordable units that were negotiated. Also, the Township’s affordable housing obligation, the settlement amount of the 895 is at risk because Fair Share is going to say their expert estimated 1,100 units. This has been a long road. The ordinances before you are implementing what has been previously agreed to by previous councils, and the adoption of these ordinances is now court ordered. Attorney Bayer welcomed questions from the governing body.

Mayor Berger requested to open the meeting to questions on all five affordable housing ordinances. Attorney Clark agreed; normal adoption procedures will still be followed.

TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 10

Public Hearing on Ordinances O-19-50 through O-19-54 Tina Smilek, 33 Charles Street. Ms. Smilek asked if this goes on the master plan. Attorney Bayer responded that it does; the Planning Board amended the master plan in August-September of this year which was another requirement of the court order approving the settlement agreement. Ms. Smilek asked why it was pulled last time. Attorney Bayer stated there were

issues after introduction of the ordinances. The Court Special Master had some comments on the ordinance and the legal team here was concerned that the changes were substantive and therefore required starting over so as not to be subject to litigation on the procedural issue of whether or not the change was substantive. Close Public Hearing on Ordinances O-19-50 through O-19-54

10.3 O-19-50 Amend Chapter 8 entitled “Affordable Housing” Repealing and Replacing Article I entitled “Affordable Housing Management Services” and Article II entitled “Municipal Housing Liaison” and creating a new article entitled “Affordable Housing Regulations” Mayor Berger read Ordinance Adoption Statement. Ordinance No. O-19-50 introduced and passed on first reading on 10/22/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 10/25/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE AMENDING CHAPTER 8 OF THE TOWNSHIP CODE ENTITLED “AFFORDABLE HOUSING” REPEALING AND REPLACING ARTICLE I ENTITLED “AFFORDABLE HOUSING MANAGEMENT SERVICES” AND ARTICLE II ENTITLED “MUNICPAL HOUISNG LIAISON” AND CREATING A NEW ARTICLE ENTITLED “AFFORDABLE HOUSING REGULATIONS”

Public Hearing on Ordinance O-19-50 No public comment.

Councilman Bonevich made a motion to adopt Ordinance O-19-50 and that notice of its passage and adoption be published in the 11/15/19 issue of the Asbury Park Press, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger.

TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 11

10.4 O-19-51 Amend Article XXI entitled “Mandatory Development Fees” Deleting Section 188-179 through 188-186.1 and Replacing it with a New Section 188-179 Entitled “Development Fees” Mayor Berger read Ordinance Adoption Statement. Ordinance No. O-19-51 introduced and passed on first reading on 10/22/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury

Park Press on 10/25/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE AMENDING ARTICLE XXI ENTITLED “MANDATORY DEVELOPMENT FEES” DELETING SECTION 188-179 THROUGH 188-186.1 AND REPLACING IT WITH A NEW SECTION 188-179 ENTITLED “DEVELOPMENT FEES”

Public Hearing on Ordinance O-19-51 No public comment.

Councilwoman Richmond made a motion to adopt Ordinance O-19-51 and that notice of its passage and adoption be published in the 11/15/19 issue of the Asbury Park Press, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger.

10.5 O-19-52 Amend Article X entitled “Zones” creating a new Section 188-84.2 entitled “Moderate and Low-Income Housing Zone Twelve (12)” to be known as ML-12 Mayor Berger read Ordinance Adoption Statement. Ordinance No. O-19-52 introduced and passed on first reading on 10/22/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 10/25/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE AMENDING ARTICLE X THE TOWNSHIP CODE ENTITLED “ZONES” CREATING A NEW SECTION 188-84.2 ENTITLED “MODERATE AND LOW-INCOME HOUSING ZONE TWELVE (12)” TO BE KNOWN AS ML-12

Public Hearing on Ordinance O-19-52 No public comment.

Councilman Bonevich made a motion to adopt Ordinance O-19-52 and that notice of its passage and adoption be published in the 11/15/19 issue of the Asbury Park Press, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger. TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 12

10.6 O-19-53 Amend Article X entitled “Zones” creating a new Section 188-84.3 entitled “Moderate and Low-Income Housing Zone Thirteen (13)” to be known as ML-13 Mayor Berger read Ordinance Adoption Statement. Ordinance No. O-19-53 introduced and passed on first reading on 10/22/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 10/25/19 is submitted and it is noted that a copy of the ordinance has been posted

on the bulletin board in the municipal building and that copies were available to the general public upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE AMENDING ARTICLE X THE TOWNSHIP CODE ENTITLED “ZONES” CREATING A NEW SECTION 188-84.3 ENTITLED “ MODERATE AND LOW-INCOME HOUSING ZONE THIRTEEN (13)” TO BE KNOWN AS ML-13

Public Hearing on Ordinance O-19-53 No public comment.

Councilwoman Richmond made a motion to adopt Ordinance O-19-53 and that notice of its passage and adoption be published in the 11/15/19 issue of the Asbury Park Press, seconded by Deputy Mayor O’Donnell. Roll Call: Ayes: Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell. Nays: Councilman Bonevich, Mayor Berger.

10.7 O-19-54 Amend Article X entitled “Zones” creating a new Section 188-84.4 entitled “Moderate And Low-Income Housing Zone Fourteen (14)” to be known as ML-14 Mayor Berger read Ordinance Adoption Statement. Ordinance No. O-19-54 introduced and passed on first reading on 10/22/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 10/25/19 is submitted and it is noted that a copy of the ordinance has been posted on the bulletin board in the municipal building and that copies were available to the general public upon request.

Acting Township Clerk Ciranni read title of ordinance. MODERATE AND LOW INCOME HOUSING ZONE 14 (ML-14) AN ORDINANCE AMENDING ARTICLE X THE TOWNSHIP CODE ENTITLED “ZONES” CREATING A NEW SECTION 188-84.4 ENTITLED “MODERATE AND LOW-INCOME HOUSING ZONE FOURTEEN (14)” TO BE KNOWN AS ML-14

Public Hearing on Ordinance O-19-54 No public comment.

Councilwoman Richmond made a motion to adopt Ordinance O-19-54 and that notice of its passage and adoption be published in the 11/15/19 issue of the Asbury Park Press, seconded by Deputy Mayor O’Donnell. Roll Call: Ayes: Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell. Nays: Councilman Bonevich, Mayor Berger. TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 13

10.8 O-19-55 Amend Chapter 7-11 entitled “Speed Limits” and Schedule XVI in order to establish a reduced rate of speed Mayor Berger read Ordinance Adoption Statement. Ordinance No. O-19-54 introduced and passed on first reading on 10/22/19 and published, according to law, is now being taken up for further consideration and public hearing. Affidavit of publication of this ordinance in the Asbury Park Press on 10/25/19 is submitted and it is noted that a copy of the ordinance has been posted

on the bulletin board in the municipal building and that copies were available to the general public upon request.

Acting Township Clerk Ciranni read title of ordinance. AN ORDINANCE OF THE TOWNSHIP OF HOWELL, MONMOUTH COUNTY, NEW JERSEY AMENDING CHAPTER 7-11 ENTITLED “SPEED LIMITS”AND SCHEDULE XVI IN ORDER TO ESTABLISH A REDUCED RATE OF SPEED

Public Hearing on Ordinance O-19-55 Jen Coombs. Ms. Coombs questioned why there is a need to change the speed limit on Frederick Avenue. Community Development Director/Deputy Township Manager Herrman responded that there have been excessive speeding complaints from residents of that neighborhood. The speed limit is currently 35 MPH and is being reduced to 25 MPH.

Deputy Mayor O’Donnell made a motion to adopt Ordinance O-19-55 and that notice of its passage and adoption be published in the 11/15/19 issue of the Asbury Park Press, seconded by Councilwoman Richmond. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger.

12. Unfinished Business Councilman Russo wished to comment on affordable housing. The affordable housing agreements that we just voted on predated myself and my freshman colleagues. Voting on housing is never an easy thing. We have Round 4 coming due by 2025 and I have been speaking with our attorneys to try to find a way to decrease the amount of overall housing in Howell. There are two things I have an issue with when it comes to Fair Share and how they calculate their numbers. The first thing is they do not include homes that by virtue of the economy are naturally affordable. For instance, I live in a two bedroom one bath townhouse. The economy says my townhome is an affordable house. But if I were to rent that house out, Fair Share would not include that unit in their numbers; the town would be forced to build another home. I think it is ridiculous to force the town to build an additional unit when there are already existing units that by virtue of the economy are affordable. I think we should challenge Round 4 in terms of proposing a reasonable challenge, saying meet us halfway. There are hundreds of units like mine out there for rent or sale in Howell. The second issue is I would like to have Fair Share be open to vacant and foreclosed properties. Again, these properties do not count in the COAH numbers. So when you factor in existing homes that by virtue of the economy are affordable, that are available and are vacant and foreclosed properties, that number by my rough math is about half. Township Attorney Clark stated he would have to look at those numbers. He added that we can look at a lot of things and everyone at the dais would surely be in favor of us taking a look to see TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 14

if there is a legitimate, reasonable way to challenge Round 4. Attorney Clark stated he does not think anyone in this town likes having a judge in Freehold force numbers on us and tell us how we have to zone. Councilman Russo stated that we should propose a reasonable compromise for Round 4. Councilman Bonevich stated we all know how I feel about this, that is why I am up here. I would like to see in next year’s budget money allocated toward our attorneys and we need to look at this Township as a whole, look at Freewood Acres as compared to a million dollar home. You have to count these units as affordable. Attorney Bayer stated he and

Attorney Clark have been discussing strategies for next year. He added that the idea that you cannot get an affordable housing credit because a house was built before 1980 or because there is no deed restriction but it is de facto affordable is crazy. Attorney Clark stated that he will work with Attorney Bayer, they are both litigators for decades, and they will put together a plan that will be workable in light of the budget and in light of the potential need for experts. Councilman Russo asked that this be made a priority. Attorney Bayer stated that it is a war about ideology and that Fair Share has an objective which is to build as much housing as can be built across the state in suburbia. He added that we have ideas and we have to come up with a strategy to implement them.

Deputy Mayor O’Donnell reminded all to not forget that the real fight is in Trenton. We need the legislators to change. This is something that is thrust upon us that should not be and we cannot change the legislation but there are people who can. Deputy Mayor O’Donnell added she would even urge residents to write letters to the legislators and ask them to be more reasonable with the residents of Howell Township. Councilwoman Richmond stated that just because the governing body voted the ordinances through doesn’t mean they agree or disagree with this. It was negotiated by prior council and we need to move on and start fight the fight on Round 4. Councilwoman Richmond added that she feels we are smarter and more advanced on this subject with new blood and fresh ideas and we all really have the same goal. Councilwoman Richmond stated she wanted to put on the record that she is not happy about it but it is here and we are going to move on and do the best we can in the next round. She thanked Attorney Bayer for all his help.

Attorney Bayer wished to make everyone aware that there is a final compliance hearing in front of Judge Grasso on this round on December 23. When the court sees what council has approved, the Township will have immunity from builders’ remedy through the 2025 period. He added that there are two minor resolutions that will be presented on December 10th which are the last two pieces of the Court Master’s requirements; other than that we are done through 2025.

13. Information • Municipal Offices Closed Thursday, November 28, 2019 and Friday, November 29, 2019 in observance of Thanksgiving • Christmas Tree & Menorah Lighting Ceremony Tuesday, December 3, 2019 at 6:00 PM (rain date Wednesday, December 4, 2019)

TOWNSHIP OF HOWELL NOVEMBER 12, 2019 TOWNSHIP COUNCIL REGULAR MEETING PAGE 15

14. Meeting Dates

Regular Meeting - Tuesday, December 10, 2019 Executive Session 6:30 P.M. Regular Session 7:30 P.M.

15. Adjournment

Councilwoman Richmond made a motion to adjourn the meeting, seconded by Councilman Bonevich. Roll Call: Ayes: Councilman Bonevich, Councilwoman Richmond, Councilman Russo, Deputy Mayor O’Donnell, Mayor Berger. Meeting adjourned at 9:20 PM.

Respectfully,

Allison Ciranni Acting Township Clerk Township of Howell Office of the Mayor P roclamation Supporting the Drive Sober or Get Pulled Over 2019 Year End Holiday Crackdown

WHEREAS, approximately one-third of all fatal traffic crashes in the United States involve impaired drivers; and WHEREAS, impaired driving crashes killed 10,551 people in the United States in 2018; and WHEREAS, impaired driving crashes cost the United States almost $44 Billion a year; and WHEREAS, during the past five years New Jersey’s roadways experienced 36,778 crashes and 679 fatalities involving impaired drivers; and WHEREAS, an enforcement crackdown is planned to combat impaired driving; and WHEREAS, the year end holiday season is traditionally a time for social gatherings which include alcohol; and WHEREAS, the State of New Jersey Division of Highway Traffic Safety has asked law enforcement agencies throughout the state to participate in the Drive Sober or Get Pulled Over 2019 Year End Holiday Crackdown; and WHEREAS, the project will involve increased impaired driving enforcement from December 6, 2019 through January 1, 2020; and WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways; NOW, THEREFORE, be it proclaimed that Howell Township declares its support for the Drive Sober or Get Pulled Over 2019 Year End Holiday Crackdown from December 6, 2019 through January 1, 2020 and pledges to increase awareness of the dangers of drinking and driving.

December 10, 2019

Theresa Berger, Mayor Township of Howell TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.1 Mr(s). offered the following Resolution for adoption seconded by Mr(s).

Resolution No: R-19-396

RESOLUTION SUPPORTING THE APPLICATION OF THE ENVIRONMENTAL COMMISSION FOR A ROOTS FOR RIVERS REFORESTATION GRANT

WHEREAS, the Watershed Institute recently announced that it is partnering with The Nature Conservancy and Sustainable Jersey, on a Roots for Rivers Reforestation Grant and Technical Assistance Program; and

WHEREAS, the program provides grants between $1,000 and $20,000 to support efforts to undertake floodplain reforestation initiatives. Program participants receive technical assistance with designing their restoration projects, and eligible expenses include trees and shrubs, tubes and stakes, and up to two delivery fees; and

WHEREAS, the Howell Township Environmental Commission has expressed interest in applying for such a grant;

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Howell as follows:

1. The aforesaid recitals are hereby adopted and incorporated herein as if repeated in full; and

2. The Township Council supports the application of the Environmental Commission for a Roots for Rivers Reforestation Grant.

VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held on December 10, 2019.

ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.2 ______offered the following Resolution for adoption seconded by ______.

R-19-397

RESOLUTION APPOINTING REGISTRAR OF VITAL STATISTICS FOR THE TOWNSHIP OF HOWELL

WHEREAS, the position of Registrar of Vital Statistics will become vacant as of January 31, 2020; and

WHEREAS, Elsie McGrath earned a Certification as a Municipal Registrar (CMR) in 2011 and has served as Deputy Registrar of Vital Statistics since 2012; and

WHEREAS, Elsie McGrath has received the required continuing education units every three years since her initial certification, as required by law;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows:

1. Elsie McGrath is hereby appointed to the position of Registrar of Vital Statistics, as of January 1, 2020;

2. Pursuant to N.J.S.A. 26:8-12, the appointment shall become effective January 31, 2020, unless sooner approved in writing by the State Department of the State of New Jersey.

3. The term of appointment shall be for 3 years, pursuant to N.J.S.A. 26:8-13.

4. A copy of this resolution be immediately certified and forwarded to the State Registrar of Vital Statistics, New Jersey Department of Health, Office of Vital Statistics and Registry, PO Box 370, Trenton, NJ 08625-0370.

VOTE AYES NAYS ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Deputy Mayor O’Donell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on December 10, 2019.

______ALLISON CIRANNI ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.3 Mr(s) ______offered the following Resolution for adoption seconded by Mr(s) ______.

Resolution No. R-19-398

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING A REFUND OF RAFFLE LICENSE FEE

WHEREAS, Brianna Starkey, 41 Brunswick Drive, Howell, NJ, 07731 obtained a Raffle License Application for Mother Seton Academy and paid a fee of $60.00; and

WHEREAS, Mrs. Starkey mistakenly paid for a raffle license application instead of a bingo license application and has requested a refund of said raffle license application;

WHEREAS, the Township Clerk has recommended said refund.

NOW THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Howell that a refund in the amount of $60.00 be authorized and paid to Brianna Starkey.

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Chief Financial Officer and to Mrs. Brianna Starkey.

VOTE: AYES NAYS ABSTAIN ABSENT Mr. Bonevich Ms. Richmond Mr. Russo Deputy Mayor O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held on December 10, 2019.

______Allison Ciranni, Acting Township Clerk

1

TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.4 Mr(s). ______offered the following Resolution for adoption seconded by Mr(s). ______.

Resolution No. R-19-399

A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF DRIVEWAY AND/OR STABILIZATION (WINTER) GUARANTEES:

PROJECT: MONMOUTH CHASE DEVELOPER: TOLL NJ, LP FAIRFIELD RD/VICKSBURG CT/RALEIGH WAY/POTOMAC CT CASE NUMBER: SD-2901

WHEREAS, the above-named developer of the above-named land use development, in order to secure recommendations from the Engineering Division for Certificate of Occupancies, posted certain guarantees to insure the completion of the driveway and/or stabilization of certain properties within the Monmouth Chase development; and

WHEREAS, the developer completed the driveways and/or stabilizations and said items were inspected by the Engineering Division; and

WHEREAS, by report dated 11/21/2019, the Engineering Division recommends the return of the driveway and/or stabilization (winter) guarantees in the amount of $100,000.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows:

1. That the Township Finance Office be and is hereby authorized to return to the developer the driveway and/or stabilization (winter) guarantees in the amount of $100,000.00, plus interest if any, said funds to be returned to the developer from the developer’s escrow account 37-2080-00-12901-021.

2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: a. Engineering Division b. Township Treasurer c. Guarantees Coordinator d. Toll NJ, LP, 96 Route 176 West, Suite 1B, Hampton, NJ 08827

VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on December 10, 2019.

______ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.5 Mr(s) ______offered the following Resolution for adoption seconded by Mr(s) ______

Resolution No. R-19-400

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF THE MAINTENANCE GUARANTEE

DEVELOPER: PULTE HOMES OF NJ, LP PROJECT: COLTS NECK CROSSING/EQUESTRA BLOCK 182 LOTS 35-40,59,66,67.02,70.02,71.02,71.03,72-80 ROUTE 33 & COLTS NECK ROAD & CRANBERRY ROAD CASE NO.: SD-2842 – SANITARY SEWER IMPROVEMENTS

WHEREAS, the above-named developer of the above-named land use development located at property known as block 182 lots 35-40,59,66,67.02,70.02,71.02,71.03,72-80 posted a maintenance guarantee for the sanitary sewer improvements in the form of Maintenance Bond No. 0150687M issued by Berkley Insurance Company in the amount of $409,565.12; and

WHEREAS, said developer requested the return of said sanitary sewer maintenance guarantee; and

WHEREAS, the Engineering Division reviewed the site and determined by maintenance guarantee report dated 11/26/19 that said sanitary sewer maintenance guarantee should be returned.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows:

1. The Township Council of the Township of Howell hereby formally authorizes the return of the sanitary sewer maintenance guarantee in the form of Maintenance Bond No. 0150687M issued by Berkley Insurance company in the amount of $409,565.12 to the developer of the site.

2. Said release of the maintenance guarantee is specifically contingent upon the developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all charges as per Township Ordinance for the release of said maintenance guarantee.

3. Upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the following:

a. Division of Engineering b. Guarantees Coordinator c. Chief Financial Officer d. Pulte Homes of NJ, LP, 150 Allen Road, Suite 303, Basking Ridge, NJ 07920

VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on December 10, 2019.

______ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.6 Mr(s) ______offered the following Resolution for adoption seconded by Mr.(s) ______

Resolution No. R-19-401

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RELEASE OF THE PERFORMANCE GUARANTEE AND WAIVER OF THE MAINTENANCE GUARANTEE

DEVELOPER: THE FISH GRILL, INC. PROJECT: THE FISH GRILL BLOCK 71 LOT 5 ROUTE 9 SOUTH CASE NO.: SP-987 CE

WHEREAS, the above-named developer of the above-named land use development located on property known as block 71 lot 5, previously posted as a condition of the Planning Board approval, and in accordance with the requirements of the Township for the development of said property, a performance guarantee to ensure proper construction of real property improvements therein; and

WHEREAS, the developer has made a request for release of the performance guarantee which was posted as all cash in the amount of $23,885.13; and

WHEREAS, the Division of Engineering, by performance guarantee report dated December 2, 2019, has recommended release of the aforesaid performance guarantee with a waiver of the maintenance guarantee requirement.

NOW, THEREFORE, BE IT RESOLVED by Mayor and Township Council of the Township of Howell, County of Monmouth, State of New Jersey as follows:

1. The Fish Grill, Inc. is hereby granted the request for release of the aforesaid performance guarantee which was posted as all cash in the amount of $23,885.13, plus interest if any, in accordance with the performance guarantee report and recommendation aforesaid.

2. The Township waives the maintenance guarantee requirement in accordance with the performance guarantee report and recommendation aforesaid.

3. That said release of the performance guarantee is contingent upon the developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all other charges as per Township Ordinances for the release of said performance guarantee.

4. The Township Clerk is hereby directed to forward a duly certified copy of this Resolution to the following:

a. Division of Engineering b. Guarantees Coordinator c. Chief Financial Officer d. The Fish Grill, Inc., 336 North Formosa Ave, Los Angeles, CA 90036

VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on December 10, 2019.

______ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.7 Mr(s). ______offered the following Resolution for adoption seconded by Mr(s). ______.

Resolution No. R-19-402

A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF THE STABILIZATION GUARANTEE:

PROJECT SINGLE FAMILY DWELLING DEVELOPER FRANK MATTHEWS BLOCK 42 LOT 53 132 EASY STREET CASE NUMBER ENG-16-090

WHEREAS, the above-named developer of the above-named land use development, in order to secure a recommendation from the Engineering Division for a Certificate of Occupancy, posted a guarantee to insure the completion of the stabilization; and

WHEREAS, the developer completed the stabilization which was inspected by the Engineering Division; and

WHEREAS, by inspection report dated 12/2/2019, the Engineering Division recommends the return of the guarantee in the amount of $2,500.00.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows:

1. That the Township Finance Office be and is hereby authorized to return to the developer the guarantee in the amount of $2,500.00, plus interest if any, said funds to be returned to the developer from the developer’s escrow account 37-2080-00-04253-021.

2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following: a. Engineering Division b. Township Treasurer c. Guarantees Coordinator d. Frank Matthews, 309 Edgemont Dr., Loch Arbor, NJ 07711

VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on December 10, 2019.

______ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.8 Mr(s) ______offered the following Resolution for adoption seconded by Mr(s) ______.

Resolution No. R-19-403

A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF ENGINEERING INSPECTION ESCROW FUNDS

DEVELOPER: B&L BUILDING GROUP, INC. PROJECT: KNOB HILL ESTATES BLOCK 172 LOTS 8.03-8.08 BLOCK 172.02 LOTS 1-7 BLOCK 172.03 LOTS 1-14 CASE NO.: SD-2518

WHEREAS, the above-named developer of the above-named land use development previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53-h) and Township Ordinances, inspection escrow funds for professional services to assure proper inspections of improvements being constructed by the developer in relation to said development; and

WHEREAS, this project has been completed and released from the maintenance guarantee; and

WHEREAS, by memorandum October 28, 2019 the Division of Engineering recommends the return of unused inspection escrow funds in the amount of $110.59.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows:

1. That the Township Finance Office be and is hereby authorized to return to the developer unused inspection escrow funds in the amount of $110.59, plus interest if any, said funds to be returned from escrow account 36-2080-00-02518-008.

2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following:

a. Division of Engineering b. Chief Financial Officer c. Guarantees Coordinator d. B&L Building, 3751 SE Doubleton Drive, Stuart, FL 34997

VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on December 10, 2019.

______ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.9 Mr(s) ______offered the following Resolution for adoption seconded by Mr(s) ______.

Resolution No. R-19-404

A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING THE RETURN OF UNUSED SANITARY SEWER REVIEW ESCROW FUNDS

PROJECT: SANITARY SEWER CONNECTION APPLICANT: LAURA SILVANI BLOCK 35.86 LOT 17.01 20 SYLVAN BLVD

WHEREAS, the above-named applicant of the above-named land use development previously posted pursuant to the provisions of the Municipal Land Use Law (40:55D-53-h) and Township Ordinances, sanitary sewer review escrow funds for professional services to insure proper sanitary sewer reviews; and

WHEREAS, the applicant has rescinded the project and requested the escrow account be closed; and

WHEREAS, by memorandum dated December 2, 2019, the Division of Engineering recommends the return of unused sanitary sewer review escrow funds in the amount of $166.80.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows:

1. That the Township Finance Office be and is hereby authorized to return to the applicant unused sanitary sewer review escrow funds in the amount of $166.80, plus interest if any, said funds to be returned to the applicant from account 38-2080-00-01290-006.

2. A certified copy of this Resolution shall be provided by the Township Clerk to each of the following:

a. Division Of Engineering b. Chief Financial Officer c. Guarantees Coordinator d. Laura Silvani, 20 Sylvan Blvd, Howell, NJ 07731

VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at a public business meeting held on December 10, 2019.

______ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.10 Mr(s). offered the following Resolution and moved its adoption seconded by Mr(s). .

Resolution No: R-19-405

RESOLUTION

A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING ADDITIONAL NOT-TO-EXCEED LIMITATION TO DASTI, MURPHY, MCGUCKIN, ULAKY, KOUTSOURIS, AND CONNORS WITH REGARD TO DUTIES AS SPECIAL COUNSEL

WHEREAS, the firm of Dasti, Murphy, McGuckin, Ulaky, Koutsouris, and Connors (“the Firm”) was appointed as Special Counsel for the year 2019; and

WHEREAS, the amount of fees for their services was initially set at $25,000.00; and

WHEREAS, the amount of fees for their services was then increased by $10,000.00 on September 10th, 2019 due to the high volume of work related to ongoing legal projects; and

WHEREAS, as a result of the extraordinary time and work required, the balance remaining on the not-to-exceed limitation will be insufficient to fund the remaining legal work for the year.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Howell that an additional not-to-exceed limitation in the amount of $10,000.00 is hereby approved for the firm of Dasti, Murphy, Mcguckin, Ulaky, Koutsouris, and Connors.

BE IT FURTHER RESOLVED that the appropriation to be charged is line item #01-2010-20- 01552-411 entitled Legal Services in the amount of $10,000.00.

VOTE AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on December 10th, 2019.

______MR/19 Allison Ciranni, Acting Township Clerk TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.11 Mr(s). offered the following Resolution for adoption seconded by Mr(s).

Resolution No: R-19-406

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL, COUNTY OF MONMOUTH, STATE OF NEW JERSEY AUTHORIZING A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF HOWELL AND THE BOROUGH OF FARMINGDALE FOR NEW JERSEY UNIFORM FIRE CODE ADMINISTRATION AND ENFORCEMENT

WHEREAS, the Township of Howell and the Borough of Farmingdale desire to enter into a shared services agreement for the providing of New Jersey Uniform Fire Code Administration and Enforcement, as the Local Enforcing Agency, by the Howell Township Fire Bureau to the Borough of Farmingdale; and

WHEREAS, municipalities are permitted to enter into such agreements pursuant to the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-1 et seq.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell, in the County of Monmouth, New Jersey herein authorizes the execution of a shared services agreement between the Township of Howell, County of Monmouth, and the Borough of Farmingdale, County of Monmouth, for New Jersey Uniform Fire Code Administration and Enforcement services to commence of January 1, 2020. Furthermore, the Township Manager is authorized and directed to execute any and all documents and agreements necessary in order to effectuate such shared services. This Resolution shall take effect immediately.

VOTE: AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell at their Regular Meeting held by that body on September 10, 2019.

______ALLISON CIRANNI ACTING TOWNSHIP CLERK NEW JERSEY UNIFORM FIRE CODE ADMINISTRATION AND ENFORCEMENT SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF HOWELL AND THE BOROUGH OF FARMINGDALE THIS SHARED SERVICES AGREEMENT (“Shared Services Agreement” or “Agreement”) dated this ______day of ______, 2019 by and between the TOWNSHIP OF HOWELL (herein after referred to as the “Provider”), a public body politic and corporate of the State of New Jersey, and the BOROUGH OF FARMINGDALE (hereinafter referred to as the “Recipient”), a body politic and corporate of the State of New Jersey, and; WITNESSETH, that the Provider and the Recipient agree as follows: 1. Effective Date: The services provided hereunder shall begin on January 1, 2020. 2. Nature and Extent of Services: The Township of Howell under the auspices of the Howell Fire Bureau will provide Administration and Enforcement of the New Jersey Uniform Fire Code in accordance with N.J.A.C. 5:70-1.1(a), et seq. and the Borough of Farmingdale Ordinances Chapter XI, including but not limited to fire inspections, re-inspections, issuance and inspection of permitted activities, collection of fees and penalties, administration of Rapid Entry System and provide fire prevention education throughout the community. 3. Payments and Compensation: All inspection fees and other fees collected by personnel on behalf of the Provider for services rendered in the Borough of Farmingdale shall be retained by the Provider. Collection of such fees shall be the responsibility of the Provider. The Provider shall charge fees in the Borough of Farmingdale in accordance with the fee schedule adopted by the Farmingdale Borough Ordinance Chapter II. All monies collected relating to Life Hazard fees shall be retained by the provider. Any charges or updates in any fees established/adopted by Ordinance by the Provider shall also be established/adopted by the Recipient. There shall be no additional compensation paid to the Provider. 4. Duration of Agreement: The term of this agreement shall be indefinite. Either party may withdraw from the agreement at the end of any calendar year provided that the party provides thirty (30) days written notice to the other party. This agreement shall go into effect on October 1, 2019. 5. Insurance: The Township of Howell shall maintain in full force and effect during the term of this Agreement, worker’s compensation, general liability and auto liability insurance, covering all employees and vehicles used in the performance of this agreement herein. 6. Costs: During the life of this agreement, the costs of all equipment and/or vehicles acquired specifically for the Howell Fire Bureau shall be the responsibility of the Provider. 7. Responsibility: At all times, the Provider shall maintain responsibility for and control over the personnel hired to operate the Howell Fire Bureau. All citizen inquiries and/or complaint resolutions shall be handled by the Provider. The Township Manager and/or the Department of Community Affairs, as appropriate, shall handle any public comments involving the Fire Official and Staff.

8. Supervision and Director of Staff: The Provider shall conduct operations form the Howell Township Municipal Building and shall conduct same during the Township’s normal business hours. The Fire Official, furnished by the Provider, shall be responsible for the operation and supervision of the Howell Fire Bureau and shall direct and supervise all activities and employees of the Bureau. The Howell Fire Bureau Staff shall be properly licensed as fire code enforcement officials and/or inspectors as appropriate. 9. Agency Relationship: It is hereby acknowledged that the Howell Fire Bureau and all personnel within the Bureau subject to this agreement are performing services under this agreement as a general agent for the Borough of Farmingdale and shall have the powers of performance reasonably necessary and convenient to carry out the duties, obligations and responsibilities under the agreement and allowable by law. 10. Maintenance of Records: Initially, all Fire Prevention records will be transferred to the Howell Fire Bureau. The Howell Fire Bureau shall maintain documented records of all activities on forms as required by the Fire Official and/or the New Jersey Department of Community Affairs, recording all inspections and activities. The records will be specific with regard to the municipality, address, block/lot and dates. All active files and closed files shall be maintained in the offices of the Provider. 11. Miscellaneous: The Borough of Farmingdale shall designate the Howell Fire Bureau as the “Local Enforcing Agency” or “LEA”. The Howell Fire Bureau shall provide semi- annual reports of all activities in the Borough to the Mayor and Borough Clerk. The Howell Fire Bureau shall provide updated business information and reports to the Farmingdale Fire Department Chief on a monthly basis. IN WTNESS WHEREOF, the undersigned have hereto set their hands and seals the day and year first above written, BOROUGH OF FARMINGDALE TOWNSHIP OF HOWELL

BY: ______BY: ______JAMES A. DALY, MAYOR BRIAN GEOGHEGAN, TWP. MANAGER

Dated: ______Dated: ______

ATTEST:

______CORINNE DICORCIA ALLISON CIRANNI BOROUGH CLERK ACTING TOWNSHIP CLERK

TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.12 ______offered the following resolution, seconded by

______.

R-19-407

RESOLUTION OF THE TOWNSHIP OF HOWELL, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE 2019 BUDGET OF THE TOWNSHIP OF HOWELL PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948)

WHEREAS, N.J.S.A. 40A:4-87 permits the Director of the Division of Local Government Services to approve the insertion of any special item of revenue in the Municipal Budget when such item shall have been made available by law and the amount thereof shall not have been determined at the time of the adoption of the budget, and

WHEREAS, the Council of the Township of Howell has been awarded a total of $8,138.04 from the New Jersey Office of the Attorney General, Division of Criminal Justice for the fiscal year 2019 Body Armor Grant; and

WHEREAS, The Council wishes to increase its anticipated revenues by $8,138.04; and

WHEREAS, the Council of the Township of Howell wishes to appropriate the funds in accordance with the grant requirements,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Howell (not less than two-thirds of all the members thereof affirmatively concurring) that application is hereby made to the Director, Division of Local Government Services for an increase of a special item of revenue in the 2019 budget entitled:

Miscellaneous Revenues - Section F: Public and Private Revenues Offset with Appropriations; New Jersey Office of the Attorney General— 2019 Body Armor Grant Program $ 8,138.04

BE IT FURTHER RESOLVED that the application is hereby made for the insertion of a like amount of increase to the appropriation entitled:

Operations - Excluded from "CAPS" Public and Private Programs Offset by Revenues New Jersey Office of the Attorney General— 2019 Body Armor Grant Program Other Expenses $ 8,138.04

BE IT FURTHER RESOLVED that one certified copy of this resolution be electronically forwarded to the Director, Division of Local Government Services with a copy of the award letter for his approval.

ROLL CALL:

VOTE: AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

I, Allison Ciranni, Acting Clerk of the Township of Howell, County of Monmouth, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Township Council at a meeting of said Township Council held on December 10, 2019.

______Allison Ciranni, Acting Township Clerk TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.13 Mr(s). offered the following Resolution for adoption seconded by Mr(s).

Resolution No. R-19-408

RESOLUTION AUTHORIZING EXECUTION OF A SHARED SERVICES AGREEMENT WITH TOWNSHIP OF FREEHOLD FOR LICENSED OPERATIONAL SERVICES FOR TOWNSHIP OF HOWELL WATER-SEWER UTILITIES

WHEREAS, the Township of Freehold ("Freehold Township") and the Township of Howell ("Howell Township") are interested in Freehold Township providing Licensed Operational Services for Howell Township Water-Sewer Utilities; and,

WHEREAS, this cooperative Agreement would be beneficial to the taxpayers in both municipalities; and,

WHEREAS, Freehold Township and Howell Township have reached an Agreement detailing specifics of the services to be provided and costs for same;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Howell as follows:

1. The Mayor, Clerk, Township Manager, and such other officials as may be necessary are authorized to perform such actions as are necessary to effectuate the purposes of this Resolution and execute the Shared Services Agreement set forth above;

2. A copy of the Agreement shall be maintained in the Township Clerk's Office upon passage of this Resolution and available for public inspection;

3. Pursuant to N.J.S.A. 40A:65-1, a certified copy of the within Resolution shall be forwarded to New Jersey Department of Community Affairs, Division of Local Government Services;

4. A certified copy of the within Resolution and copy of the Agreement be forwarded to the Howell Township Manager, Freehold Township Administrator, Freehold Towship Superintendent of Utilities and Freehold Township Director of Finance.

VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held on December 10, 2019.

ALLISON CIRANNI, ACTING TOWNSHIP CLERK SHARED SERVICES AGREEMENT BETWEEN FREEHOLD TOWNSHIP & HOWELL TOWNSHIP - LICENSED OPERATIONAL SERVICES FOR HOWELL WATER- SEWER UTILITIES

THIS SHARED SERVICES AGREEMENT is effective the 1st day of January, 2020 between TOWNSHIP OF FREEHOLD, a municipal corporation of the State of New Jersey and TOWNSHIP OF HOWELL, a municipal corporation of the State of New Jersey;

The purpose of this Agreement is for Freehold Township to provide Licensed Operational Services for Howell Township Water-Sewer Utilities to include the following:

1. Conduct weekly site visits to the Water Treatment Plant and Wastewater Pump Stations

2. Prepare all required daily, monthly and quarterly reports with the operators

3. Assist the Public Utilities Director in the review of day to day operations

4. Computerize State reporting requirements

5. Create a computerized operation and maintenance schedule to include daily, weekly and monthly maintenance for the Water Treatment Plant and Wastewater Pump Stations

6. Assist in the inspection and construction activities of the Wastewater Pump Stations

7. Evaluate the existing controls at the Wastewater Pump Stations and make recommendations to fully automate the existing operation with SCADA

8. Train all operators in the operation of the Water Treatment Facility and Wastewater Pump Stations

9. Become the Licensed Operator for the Wastewater C-3 Wastewater Collection System and the VSWS Water Treatment Plant

10. Assist in the preparation of operation and maintenance manuals for the Public Water System and Wastewater Collection System

In addition, Freehold Township shall provide said services according to the following:

1. This Agreement shall take effect January 1, 2020 and shall expire December 31, 2020.

2. Either municipality may terminate this Agreement by giving 30 days advanced written notice to the other party.

3. The following Freehold Township staff members with associated New Jersey State Operational Licenses will be available under the supervision of Freehold Township for oversight of the Howell Township's Utility: Freehold Township Utilities Staff Licenses

Robert J. Koches, Superintendent of Water and Sewer T-4, C-3 Ss W-4

James Alexander, Supervisor of Water and Sewer T-3, C-2 & W-2

Timothy Keune, Supervisor of Water and Sewer T-2, C-3 & W-3

John Molnar, Supervisor of Water and Sewer T-2, C-2 86 W-2

Freehold Township reserves the right to substitute personnel for each of the positions, provided any replacement personnel hold the same or superior licensing and hold the same position of responsibility with the Township.

4. Freehold Township further offers equipment, owned and operated by the Freehold Township Utilities Department, for use by the Township of Howell on a scheduled or as-needed basis or for emergencies. The following equipment is available at the corresponding daily rates:

Freehold Township Equipment Daily Rate

Sewer jet-vac truck with 2-man crew $1,450.00

Closed-circuit television camera truck $1,200.00

Freehold Township reserves the right to retire, replace or not to replace any listed equipment.

5. The rate for Operational Services using the above-referenced staff will be $2,000.00 per month ($24,000.00 total) and will be billed monthly by the Township of Freehold.

6. Payment shall be due from Howell Township within 30 days of the date of billing.

7. During the term of the Agreement and for one year past the expiration of the Agreement, Howell Township agrees not to employ any person who is a Freehold Township employee, subcontractor or agent who provides Water-Sewer Utilities services to Howell Township in accordance with this Agreement.

8. It is agreed that no employer/employee relationship will exist between the Freehold Township employees and Howell Township. Freehold Township agrees to maintain all required insurance on its employees, including workers' compensation insurance. IN WITNESS WHEREOF, parties have hereunto caused this instrument to be signed by the proper authorized parties and have caused their proper seals to be affixed hereto as of the date and year first above written.

Witnessed or Attested by: TOWNSHIP OF FREEHOLD

______SANABEL ABOUZEINA, PETER R. VALESI TOWNSHIP CLERK TOWNSHIP ADMINISTRATOR

DATED:

TOWNSHIP OF HOWELL

______ALLISON CIRANNI BRIAN J. GEOGHEGAN ACTING TOWNSHIP CLERK TOWNSHIP MANAGER

DATED: TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.14 Mr(s). ______offered the following Resolution and moved its adoption seconded by Mr(s).______.

RESOLUTION R-19-409

WHEREAS, the Township of Howell as a contracting unit, may without advertising for bids, purchase any materials, supplies or equipment entered into on behalf of the Educational

Services Commission of New Jersey Cooperative Purchasing System (Co-Op

#65MCESCCPS) Pursuant to the provision of N.J.S.A. 40A:11-11: and

WHEREAS, Mall Chevrolet, 75 Haddonfield Road, Cherry Hill, NJ 08002 has been awarded the ESCNJ Contract No. 17/18-44 (expiration 12/14/19) for Cars, Crossovers, SUV’s and Trucks; and

WHEREAS, under Contract 17/18-44, Mall Chevrolet, can provide one (1) 2019 or newer Chevrolet Tahoe LS, for the Fire Bureau.

THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell that Mall Chevrolet under the Educational Services Commission of New Jersey Contract

17/18-44 be utilized for the purchase one (1) 2019 or newer Chevrolet Tahoe LS per their quote in the amount of $38,927.47 attached and to be made part of this resolution, for the

Township of Howell.

BE IT FURTHER RESOLVED by the Township Council of the Township of Howell that pursuant to the rules of the Local Finance Board of the State of New Jersey that the appropriation to be charged is 04-1519 entitled Monmouth County Improvement Authority

2019 in the amount of $38,927.47.

VOTE AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on December 10th 2019.

______Allison Ciranni, Acting Township Clerk

MR/ESCNJ19

MALL CHEVROLET 75 Haddonfield Road, Cherry Hill, NJ 08002 Direct: 856-449-9254 / Fax: 856-504-0108 [email protected] Rick Di Renzo, Fleet Manager Date: 10/1/2019 END USER ADDRESS - CITY, STATE, ZIP: STOCK XGXXSB6 WHT Comments: ESCNJ 17/18-44 Item QTY Part No. Description DISC MSRP ESCNJ 1 1 CK15706 2019 OR NEWER CHEVROLET TAHOE LS 4WD 20.30% $ 52,195.00 $ 41,599.42 5W4 SPECIAL SERVICE EDITION $ (4,400.00) $ (4,400.00) L83/MYC 5.3L V8 FLEX FUEL-6 SPEED AUTOMATIC STANDARD 9U3 CLOTH FRONT BUCKET SEATS W/CONSOLE DELETE STANDARD 1 BG9 VINYL FLOOR STANDARD 1 BTV REMOTE START 5.00% $300.00 $285.00 1 5HP SIX (6) SPARE KEYS 5.00% $ 41.00 $ 38.95 1 9G8 DELETE DAYTIME LIGHTS 5.00% $ 50.00 $ 47.50 1 PZX 18" ALUMINUM WHEELS 5.00% $ 600.00 $ 570.00 1 6J7 FLASHBACK SYSTEM FACTORY 5.00% $ 495.00 $ 470.25 1 UTQ THEFT ALARM DISABLE 5.00% $ 50.00 $ 47.50 1 6C7 RED/CLEAR DOME LIGHT 5.00% $ 145.00 $ 137.75 1 UT7 REAR GROUND STUD 5.00% $ 88.00 $ 83.60 1 V76 RECOVERY HOOKS 5.00% $ 50.00 $ 47.50 K4B HEAVY DUTY DUAL BATTERIES STANDARD NZZ SKID PLATE STANDARD AQQ KEYLESS REMOTE ENTRY STANDARD QAR P265/65 R18 ASBW TIRES STANDARD KW7 170 AMP ALTERNATOR STANDARD AJ1 DEEP TINTED GLASS STANDARD UN9 RADIO SUPPRESSION PACKAGE STANDARD AG1 DRIVER SIDE SEAT ADJUSTER STANDARD AG2 PASSENGER SEAT ADJUSTER STANDARD ATD THIRD ROW SEAT DELETE STANDARD UVC REAR VISION CAMERA STANDARD UD7 REAR PARKING ASSIST STANDARD Z82 TRAILERING PACKAGE STANDARD FHS FLEX FUEL CAPABLE STANDARD K34 CRUISE CONTROL/TILT WHEEL STANDARD UPF BLUETOOTH STANDARD G80 LOCKING REAR STANDARD 1 GAZ WHITE EXTERIOR TOTAL $ 38,927.47 TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.15 R E S O L U T I O N

R-19-410

WHEREAS, the following taxpayers have overpaid their taxes and are entitled to a refund,

NOW THEREFORE, BE IT RESOLVED on this 10th day of December, 2019, by the Township Council of the Township of Howell, the County of Monmouth, that the Township Treasurer be and hereby is authorized to draw a check to the following list of Taxpayers and Sewer Ratepayers in the amount stated, and that the Tax Collector is charged with the duty of seeing that said refunds are paid to said persons.

Block Lot Qualifier Payee Reason Refund

110.04 7 Maria Lamb Overpayment - Tax $2,103.34

3.04 7 Tracy & Ryan Hill Overpayment - Tax $2,751.32

VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing RESOLUTION was adopted by the Howell Township Council during a regular meeting held by that body on December 10, 2019.

Allison Ciranni, Acting Township Clerk TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.16 Mr. ______offered the following resolution for adoption: seconded by Mr ______. R E S O L U T I O N

R-19-411

WHEREAS, the Howell Township Tax Assessor, Gregory Hutchinson has notified the Tax Collector, Albert S. Jardine of the following Uncollectible items, the Tax Collector shall be relieved thereof from collecting same;

BE IT RESOLVED, that the taxes as listed hereafter are canceled and the Tax Collector be relieved thereof from collecting same.

Please see attached listing

VOTE AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing RESOLUTION was adopted by the Howell Township Council during a regular meeting held by that body on December 10, 2019.

ALLISON CIRANNI, ACTING TOWNSHIP CLERK

SENIOR CITIZEN DEDUCTION

BLOCK LOT QUALIFIER NAME AMT. 35.35 5 Ozella M. Lewis $250 87 15 Marie Meehan $250 143.04 104.01 c1000 Beverly Ernst $250 164.01 2.05 c1000 Loretta Cantor $250 977 166 Joan B. Kelly $250 182 122 Joan Pekar $250 35.02 82 Frank P. Dombrowski $250 143.05 138.04 c1000 Jeannie Maloy $250 182 630 Walter & Elaine Osterlo $250 35.48 22 Mevlyn Neishloss $250

DISABLED DEDUCTION

BLOCK LOT QUALIFIER NAME AMT. 35.02 127 Michael R. Cohen $250.00 977 25 Richard Burgan Sr. $250.00

VETERAN DEDUCTION

BLOCK LOT QUALIFIER NAME AMT. 3 26.05 Rodney Morgan $250 46 15.04 David A. Smith $250 50 55 John Hadenwald $250 79 63.18 Charles Palkowski $250 109.01 92 Michael H. Flaherty $250 164.02 158 c1000 Stephen M. Burke $250 977 56 Paul Barnas $250 143.01 7.02 c1000 Howard R Rutchenrider $250 143.01 14.01 c1000 Frank Morgese $250 84.01 106 Michael Palladino $250 182 496 Charles Senders $250 2.22 6 John Forte $250

WIDOW OF VETERAN DEDUCTION

BLOCK LOT QUALIFIER NAME AMT. 84.08 57 Janet Ladeau $250 143.01 19.01 C1000 Carol Rappleyea $250

DISABLED VETERAN (100% TAX EXEMPT)

BLOCK LOT QUAL NAME AMT. 35.47 52.01 Douglas Hesselbarth $3,571.78 54.01 76 William E. Tremper $3,484.00 143 28.59 Trace L. Edinborough $10,657.57 143.02 50.04 c1000 Anna Swetsky $2,497.73

OTHER

219 15 Jacquelyn Palmer $8,681.58 219 15 QFARM Jacquelyn Palmer $130.48 176 40.07 QFARM Raymond Baynes $5,228.52

TOWNSHIP ACQUIRED PROPERTY

BLOCK LOT QUAL NAME AMT. 78.10 32.07 Twp of Howell $2.36 TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.17 Mr(s). offered the following Resolution for adoption seconded by Mr(s).

Resolution No: R-19-412

RESOLUTION APPROVING SPENDING PLAN

WHEREAS, the Township of Howell (“Township”) filed a Mt. Laurel declaratory judgment action in the Superior Court of New Jersey, Law-Division bearing the caption In the Matter of the Township of Application of the Township of Howell, Docket No. MON-L-2525- 15 (the “Litigation”) following the New Jersey Supreme Court’s decision in Mt. Laurel IV; and

WHEREAS, the Township entered into a Settlement Agreement with Fair Share Housing Center on or about October 9, 2018 and an Amended Settlement Agreement on November 20, 2018 (collectively referred to as the “Settlement Agreements”) establishing the Township’s Third Round affordable housing obligation for the period 1999-2025 and the compliance mechanisms by which the Township will meet its constitutional obligation to provide for its fair share of affordable housing; and

WHEREAS, the Court conducted a Fairness Hearing on February 27, 2019 and entered an order on April 5, 2019 approving the Settlement Agreements by and between the Township and Fair Share Housing Center finding on a preliminary basis that the Settlement Agreement is fair to low and moderate-income households; and

WHEREAS, the Court Order approving the Settlement Agreements requires the Township to approve an Affordable Housing Trust Fund Spending Plan; and

WHEREAS, the Township’s Planning Consultant prepared an Affordable Housing Trust Fund Spending Plan to provide a plan for the collection and distribution of development fee revenues from the Township’s Affordable Housing Trust Fund to be used to support elements of the Township's Housing Element and Fair Share Plan; and

WHEREAS, the Township Council of the Township of Howell believes it is in the best interest of the Township to approve an Affordable Housing Trust Fund Spending Plan to comply with the Court’s Order of Fairness and Preliminary Compliance dated April 5, 2019 and to obtain a Final Judgment of Compliance and Repose protecting the Township from builder’s remedy litigation until July 1, 2025;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell hereby approves the Affordable Housing Trust Fund Spending Plan of the Township of Howell and the Township shall expend monies in its Affordable Housing Trust Fund in conformance with the Spending Plan.

VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich

Ms. Richmond

Mr. Russo

Mrs. O’Donnell

Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held on December 10, 2019.

Allison Ciranni, Acting Township Clerk

TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.18 Mr.(s) ______offered the following Resolution for adoption seconded by Mr.(s) ______

Resolution No. R-19-413

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING TENTATIVE AND FINAL SANITARY SEWER APPROVAL

DEVELOPER: MATT LIGOTTI DEVELOPMENT: SHEPHERD ESTATES BLOCK 2 LOT 5 CASE NO.: SD-2909

WHEREAS, the above-named developer of the above-named project located on property known as block 2 lot 5 has applied to the Township for tentative and final sanitary sewer approval for said property; and

WHEREAS, William Nunziato, Jr. PE, PP, CME, Utilities Director, by correspondence dated December 3, 2019, reviewed said application and in particular the construction of the sanitary sewer service; and

WHEREAS, said Utilities Director has recommended tentative and final sanitary sewer approval for said project; and

WHEREAS, the subject site is located within a “Sanitary Sewer Service Area” as depicted on the Township of Howell Wastewater Management Plan Map.

NOW, THEREFORE BE IT RESOLVED by the Township Council of the Township of Howell as follows:

1. That the Township Council of the Township of Howell hereby formally grants tentative and final sanitary sewer approval to Matt Ligotti for Shepherd Estates located on block 2 lot 5.

2. Tentative and Final Sanitary Sewer Approval are subject to the following:

a) The applicant shall obtain all applicable outside agency approvals, specifically Manasquan River Regional Sewerage Authority, Ocean County Utilities Authority, NJDEP, and NJDOT.

b) The applicant shall enter into a Developer’s Agreement with the Township.

c) The applicant shall post a performance guarantee in accordance with the MLUL in a form acceptable to the Township of Howell.

d) The applicant shall post a construction services deposit (Sewer Inspection Fee) in accordance with the performance guarantee estimate.

e) The applicant shall submit an Insurance Certificate acceptable to the Township.

f) The applicant shall pay a sanitary sewer connection fee for residential usage as calculated by the Utilities Director in his aforementioned correspondence dated December 3, 2019.

g) The applicant shall pay all connection fees required by MRRSA.

h) The applicant shall pay all other fees required by any other governmental agencies having jurisdiction.

i) The applicant shall attend a pre-construction meeting with the Township’s Sewer and Engineering Departments.

j) The applicant must comply with Howell Township’s sewer rules and regulations.

3. Upon the adoption of the within resolution, the Clerk is directed to forward a certified copy of same to the following:

a) Director of Community Development b) Utilities Director c) Guarantees Coordinator d) Plumbing Sub Code Official e) Matt Ligotti, 800 Sheldon Ave, Staten Island, NY 10309

VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a public business meeting held on December 10, 2019.

______ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.19

______offered the following resolution, seconded by ______.

R-19-414

RESOLUTION OF THE TOWNSHIP OF HOWELL, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE 2019 BUDGET OF THE TOWNSHIP OF HOWELL PURSUANT TO N.J.S.A. 40A:4-87 (CHAPTER 159, P.L. 1948)

WHEREAS, N.J.S.A. 40A:4-87 permits the Director of the Division of Local Government Services to approve the insertion of any special item of revenue in the Municipal Budget when such item shall have been made available by law and the amount thereof shall not have been determined at the time of the adoption of the budget, and

WHEREAS, the Council of the Township of Howell has been awarded a total of $250,000 from the New Jersey Department of Transportation for the fiscal year 2019 Municipal Road Aid; and

WHEREAS, The Council wishes to increase its anticipated revenues by $250,000; and

WHEREAS, the Council of the Township of Howell wishes to appropriate the funds in accordance with the grant requirements,

NOW, THEREFORE, BE IT RESOLVED by the Council of the Township of Howell (not less than two-thirds of all the members thereof affirmatively concurring) that application is hereby made to the Director, Division of Local Government Services for an increase of a special item of revenue in the 2019 budget entitled:

Miscellaneous Revenues - Section F: Public and Private Revenues Offset with Appropriations; New Jersey Department of Transportation— 2019 Municipal Road Aid – Lanes Mills Rd. $ 250,000.00

BE IT FURTHER RESOLVED that the application is hereby made for the insertion of a like amount of increase to the appropriation entitled:

Operations - Excluded from "CAPS" Public and Private Programs Offset by Revenues New Jersey Department of Transportation— 2019 Municipal Road Aid – Lanes Mills Rd. Other Expenses $ 250,000.00

BE IT FURTHER RESOLVED that one certified copy of this resolution be electronically forwarded to the Director, Division of Local Government Services with a copy of the award letter for his approval.

ROLL CALL:

VOTE: AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

I, Allison Ciranni, Acting Clerk of the Township of Howell, County of Monmouth, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Township Council at a meeting of said Township Council held on December 10, 2019.

______Allison Ciranni, Acting Township Clerk

TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.20 R-19-415

Mr. ______offered the following resolution for adoption: seconded by Mr ______.

R E S O L U T I O N

WHEREAS, there are small tax and sewer balances and credits outstanding for 2019, which are economically unfeasible to collect or refund;

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell that the Tax Collector and Utility Department are hereby authorized to cancel 2019 balances and credits of less than $5.00 (FIVE DOLLARS) except where total levied taxes or sewer fees per quarter are less than said amount. (N.J.S.A.40A5-17.1)

VOTE AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing RESOLUTION was adopted by the Howell Township Council during a regular meeting held by that body on December 10, 2019.

______Allison Ciranni, Acting Township Clerk

40A:5-17.1. Refund, delinquency of less than $10.00 1. a. Notwithstanding the provision of any law to the contrary, the governing body of a municipality may adopt a resolution authorizing a municipal employee chosen by the governing body to process, without further action on the part of the governing body, any property tax refund of less than $10.00. b. Notwithstanding subsection a. of this section or any provision of law to the contrary, the governing body of a municipality may adopt a resolution authorizing a municipal employee chosen by the governing body to process, without further action on the part of the governing body, the cancellation of any property tax refund or delinquency of less than $10.00. L.1983,c.568,s.1; amended 1987, c.82; 1996, c.113, s.14.

TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.21 Mr(s) ______offered the following Resolution for adoption seconded by Mr(s) ______

Resolution No. R-19-416

RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING RELEASE OF THE MAINTENANCE GUARANTEE

DEVELOPER: SAVERIA BUILDERS, LLC PROJECT: PINE HILL III BLOCK 59 LOTS 3 & 3.01 (NEW LOTS 3.02-3.18) SAVERIA COURT OFF ALDRICH ROAD CASE NO.: SD-2817 – SITE IMPROVEMENTS

WHEREAS, the above-named developer of the above-named land use development located at property known as block 59 lots 3 & 3.01 (new lots 3.02-3.18) posted a maintenance guarantee in the form of all cash in the amount of $60,599.02; and

WHEREAS, said developer requested the return of said maintenance guarantee; and

WHEREAS, the Engineering Division reviewed the site and determined by maintenance guarantee report dated December 5, 2019 that said maintenance guarantee should be returned.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell as follows:

1. The Township Council of the Township of Howell hereby formally authorizes the return of the all cash maintenance guarantee in the amount of $60,599.02, plus interest if any, to the developer from account number 37-2080-00-12817-015.

2. Said release of the maintenance guarantee is specifically contingent upon the developer reimbursing the Township for the cost of any and all outstanding construction inspection fees and the cost of any and all charges as per Township Ordinance for the release of said maintenance guarantee.

3. Upon the adoption of the within resolution, the Clerk is authorized and directed to forward a certified copy of it to the following:

a. Division of Engineering b. Guarantees Coordinator c. Chief Financial Officer d. Saveria Builders, LLC, 237 North 20th Street, Kenilworth, NJ 07033

VOTE AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township council of the Township of Howell at a public business meeting held on December 10, 2019.

ALLISON CIRANNI, ACTING TOWNSHIP CLERK TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.22 Mr(s). offered the following Resolution for adoption seconded by Mr(s).

RESOLUTION R-19-417

A RESOLUTION OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HOWELL AUTHORIZING ADDITIONAL NOT-TO-EXCEED LIMITATION TO CME ASSOCIATES WITH REGARD TO DUTIES AS AFFORDABLE HOUSING PLANNER

WHEREAS, CME Associates (the “firm”) was appointed as Affordable Housing Planner for the year 2018; and

WHEREAS, the amount of fees for the investigation was initially set at $20,500.00; and

WHEREAS, the amount of fees for the investigation was then increased by $15,500.00 on November 15, 2018 and by $20,000.00 on May 7, 2019 due to the high volume of affordable housing compliance activity; and

WHEREAS, during 2019, the Firm was required to continue to perform work relating to the settlement of litigation with Fair Share and to advise the Township with regard to that settlement and to the developments under consideration as part of the settlement; and

WHEREAS, as a result of the extraordinary time and work required with regard to the settlement and other duties as Affordable Housing Planner, the balance remaining on the not to exceed limitation will be insufficient to cover the remaining work; and

WHEREAS, the Firm has requested that the not-to-exceed limitation be increased by $17,948.50 to allow it to continue in its role as Affordable Housing Planner and to assist the Township in complying with the settlement.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Howell that an additional not-to-exceed limitation in the amount of $17,948.50 is hereby approved for the firm of CME Associates.

BE IT FURTHER RESOLVED by the Township Council of the Township of Howell that pursuant to the rules of the Local Finance Board of the State of New Jersey that the appropriation to be charged is 19-2080 entitled Affordable Housing Trust Reserve, in the amount of $17,948.50.

VOTE AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on December 10, 2019.

MR/19 Allison Ciranni, Acting Township Clerk TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.23 Mr(s). offered the following Resolution for adoption seconded by Mr(s).

Resolution No: R-19-418

RESOLUTION OF INTENT TO BOND OR APPROPRIATE FUNDS FOR AFFORDABLE HOUSING IN THE EVENT OF A FUNDING SHORTFALL

WHEREAS, the Township of Howell (“Township”) filed a Mt. Laurel declaratory judgment action in the Superior Court of New Jersey, Law-Division bearing the caption In the Matter of the Township of Application of the Township of Howell, Docket No. MON-L-2525- 15 (the “Litigation”) following the New Jersey Supreme Court’s decision in Mt. Laurel IV; and

WHEREAS, the Township entered into a Settlement Agreement with Fair Share Housing Center on or about October 9, 2018 and an Amended Settlement Agreement on November 20, 2018 (collectively referred to as the “Settlement Agreements”) establishing the Township’s Third Round affordable housing obligation for the period 1999-2025 and the compliance mechanisms by which the Township will meet its constitutional obligation to provide for its fair share of affordable housing; and

WHEREAS, the Court conducted a Fairness Hearing on February 27, 2019 and entered an order on April 5, 2019 approving the Settlement Agreements by and between the Township and Fair Share Housing Center finding on a preliminary basis that the Settlement Agreement is fair to low and moderate-income households; and

WHEREAS, the Township anticipates that the funding will come from developer contributions paid into the Housing Trust Fund and it will not be necessary to rely upon this resolution and

WHEREAS, in the event that the above funding source prove inadequate to complete the affordable housing programs included in the Township’s Housing Element and Fair Share Plan and Spending Plan, the Borough shall provide sufficient funding to address any shortfalls.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Howell that the Township does hereby agree to appropriate funds or authorize the issuance of debt to fund any shortfall in its affordable housing program that may arise whether due to inadequate funding from other sources or for any other reason; and

BE IT FURTHER RESOLVED that the Borough may repay debt through future collections of development fees, as such funds become available.

BE IT FURTHER RESOLVED that the Mayor, Township Administrator, and the Township Clerk are authorized and designated to execute any and all necessary documents in order to implement the intent of this Resolution.

VOTE: AYES NAYS ABSTAIN ABSENT DISQUALIFY

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held on December 10, 2019.

Allison Ciranni, Acting Township Clerk

TOWNSHIP OF HOWELL

RESOLUTION COVER PAGE

REGULAR MEETING DATE December 10, 2019

AGENDA ITEM NUMBER 9A.24 Mr(s). ______offered the following Resolution and moved its adoption seconded by Mr(s).______.

RESOLUTION R-19-419

WHEREAS, the Township of Howell as a contracting unit, may without advertising for bids, purchase any materials, supplies or equipment entered into on behalf of the Educational

Services Commission of New Jersey Cooperative Purchasing System (Co-Op

#65MCESCCPS) Pursuant to the provision of N.J.S.A. 40A:11-11: and

WHEREAS, Beyer Ford, 170 Ridgedale Avenue, Morristown, NJ 07962, has been awarded the ESCNJ Contract No. 17/18-21 (expiration 9/14/20) for Trucks – Pick-ups, Vans, and Sport Utility Vehicles; and

WHEREAS, under Contract 17/18-21, Beyer Ford, can provide one (1) 2020 Ford F-

250 Pick-up, for the Fire Bureau.

THEREFORE, BE IT RESOLVED by the Township Council of the Township of Howell that Beyer Ford under the Educational Services Commission of New Jersey Contract 17/18-21 be utilized for the purchase one (1) 2020 Ford F-250 Pick-up per their quote in the amount of

$34,436.40 attached and to be made part of this resolution, for the Township of Howell.

BE IT FURTHER RESOLVED by the Township Council of the Township of Howell that pursuant to the rules of the Local Finance Board of the State of New Jersey that the appropriation to be charged is 04-1519 entitled Monmouth County Improvement Authority

2019 in the amount of $34,436.40.

VOTE AYES NAYS ABSTAIN ABSENT

Mr. Bonevich Ms. Richmond Mr. Russo Mrs. O’Donnell Mayor Berger

This is to certify that the foregoing Resolution was adopted by the Township Council of the Township of Howell during a regular meeting held by that body on December 10th 2019.

______Allison Ciranni, Acting Township Clerk

MR/ESCNJ19

BEYER FORD 170 Ridgedale Ave. Morristown, NJ 07960

To: From: Brooks Buxton Phone/Fax: (973) 319-7009 / (973) 884-2650 Vehicle Pick Up Location Beyer Fleet 31 Williams Parkway East Hanover, NJ 07936

2020 Ford Super Duty F250 SRW (X2B) XL 4WD SuperCab 6.75' Box Educational Services Commission of NJ ESC Co-Op #65MCESCCPS - ESCNJ 17/18-21

Mechanical Exterior cont. Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel -inc: Flex-Fuel badge on fleet orders only (STD) Full-Size Spare Tire Stored Underbody w/Crankdown Transmission: TorqShift-G 6-Spd Auto w/SelectShift (STD) Clearcoat Paint 3.73 Axle Ratio (STD) Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks 50-State Emissions System Black Rear Step Bumper Transmission w/Oil Cooler Black Side Windows Trim and Black Front Windshield Trim Electronic Transfer Case Black Door Handles Part-Time Four-Wheel Drive Black Manual Side Mirrors w/Manual Folding 72-Amp/Hr 650CCA Maintenance-Free Battery w/Run Down Protection Manual Extendable Trailer Style Mirrors 157 Amp Alternator Fixed Rear Window Class V Towing Equipment -inc: Hitch and Trailer Sway Control Light Tinted Glass Trailer Wiring Harness Variable Intermittent Wipers 3570lbs. Maximum Payload Aluminum Panels GVWR: 10,000 lb Payload Package Black Grille HD Shock Absorbers Front License Plate Bracket Front Anti-Roll Bar Tailgate Rear Cargo Access Firm Suspension Reverse Opening Rear Doors Hydraulic Power-Assist Steering Manual Tailgate/Rear Door Lock Fully Automatic Aero-Composite Halogen Auto High-Beam Daytime Running 34 Gal. Fuel Tank Lights Preference Setting Headlamps w/Delay Off Single Stainless Steel Exhaust Cargo Lamp w/High Mount Stop Light Auto Locking Hubs Entertainment Front Suspension w/Coil Springs Radio w/Seek-Scan Leaf Rear Suspension w/Leaf Springs Radio: AM/FM Stereo w/MP3 Player -inc: 4 speakers 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control Fixed Antenna SYNC Communications & Entertainment System -inc: enhanced voice Exterior recognition w/911 Assist, 4.2" LCD center Wheels: 17" Argent Painted Steel -inc: painted hub covers/center ornaments (STD) stack screen, AppLink and 1 smart-charging USB-C port Tires: LT245/75Rx17E BSW A/S (4) (STD) Interior Regular Box Style 4-Way Driver Seat -inc: Manual Recline and Fore/Aft Movement Steel Spare Wheel 4-Way Passenger Seat -inc: Manual Recline and Fore/Aft Movement Interior cont. Interior cont. 60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Instrument Panel Covered Bin and Dashboard Storage Manual Tilt/Telescoping Steering Column Manual 1st Row Windows Gauges -inc: Speedometer, Odometer, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Systems Monitor Temp, Engine Hour Meter, Trip Odometer and Trip Computer Trip Computer Fixed Rear Windows Outside Temp Gauge Mobile Hotspot Internet Access Analog Display Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Rear Cupholder Restraints Manual Air Conditioning Securilock Anti-Theft Ignition (pats) Engine Immobilizer HVAC -inc: Underseat Ducts Air Filtration Illuminated Locking Glove Box Safety-Mechanical Interior Trim -inc: Chrome Interior Accents Electronic Stability Control (ESC) And Roll Stability Control (RSC) Full Cloth Headliner ABS And Driveline Traction Control Urethane Gear Shift Knob Safety-Exterior HD Vinyl 40/20/40 Split Bench Seat -inc: center armrest, cupholder, storage and driver's side manual lumbar Side Impact Beams Day-Night Rearview Mirror Safety-Interior Passenger Visor Vanity Mirror Dual Stage Driver And Passenger Seat-Mounted Side Airbags 2 12V DC Power Outlets Tire Specific Low Tire Pressure Warning Full Overhead Console w/Storage and 2 12V DC Power Outlets Dual Stage Driver And Passenger Front Airbags w/Passenger Off Switch Mykey System -inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Front Map Lights Warning, Programmable Sound Fade-To-Off Interior Lighting Chimes and Beltminder w/Audio Mute Full Vinyl/Rubber Floor Covering Safety Canopy System Curtain 1st And 2nd Row Airbags Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point and Underhood And Pickup Cargo Box Lights Height Adjusters Smart Device Remote Engine Start Back-Up Camera Quote BEYER FORD 170 Ridgedale Ave. Morristown, NJ 07960 2020 Ford Super Duty F250 SRW (X2B) XL 4WD SuperCab 6.75' Box Educational Services Commission of NJ ESC Co-Op #65MCESCCPS - ESCNJ 17/18-21

MSRP $ 38,830.00 Destination$ 1,595.00 ESCNJ % off 31.2% ESCNJ Total$ 27,812.40 Factory Options 1S Medium Earth Gray, Cloth 40/20/40 Split Bench Seat $ 100.00 X3E 3.73 Axle Ratio w/Electronic Locking Rear Axle $ 390.00 TDX Tires: LT275/70Rx18E BSW A/T (4) $ 265.00 90L Power Equipment Group $ 915.00 47B Snow Plow/Camper Package $ 245.00 66S Upfitter Switches $ 165.00 592 LED Roof Clearance Lights $ 95.00 52B Trailer Brake Controller $ 270.00 595 Halogen Fog Lamps $ 130.00 18B Platform Running Boards $ 445.00 17X FX4 Off-Road Package Incl-Transfer Case & Fuel Tank Skid Plates $ 400.00 85S Tough Bed Spray-In Bedliner $ 595.00 924 Privacy Glass $ 30.00 66L LED Box Lighting $ 60.00 66B BoxLink -inc: 4 premium locking cleats $ 75.00 61N Front & Rear Wheel Well Liners $ 325.00 76R Reverse Sensing System $ 245.00 60B Fleet Driver Assistance Package -inc: Blind Spot Information System (BLIS), $ 995.00 76S Remote Start System $ 250.00 61S/62S Front & Rear Splash Guards $ 130.00 67E 240 Amp Alternator $ 85.00 86M Dual 78 AH Battery $ 210.00

Options$ 6,420.00 ESCNJ % off 5.00% Factory Option Total $ 6,099.00 Delivery$ 175.00

Contract Options

Item Price Percentage Off ESCNJ Price (2) Additional Ford Keys - Cut & Programmed $ 350.00 $ -

Contract Option Total $ 350.00

Non-Contract Options

Item ESCNJ Price

Non-Contract Option Total $ -

Date: 11/4/2019 Total$ 34,436.40