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1 "The Heartland of New Jersey"

TOWNSHIP OF UPPER FREEHOLD

TOWNSHIP COMMITTEE

REGULAR MEETING

MARCH 3, 2016



Mayor Moslowski called the meeting to order at 7:10 p.m. and requested the Clerk to call the roll. The following Committee Members were present: Mr. Robert Faber, Dr. Robert A. Frascella, Ms. LoriSue H. Mount and Mayor Moslowski Jr. Also present at the dais: Dana L. Tyler, Municipal Clerk, Dianne Kelly, CFO/Administrator, Dennis A. Collins Esq. Township Attorney. Absent Stephen J. Alexander.

Following the Flag Salute, the Clerk announced that the Notice requirements of R.S. 10:4-18 for an "Annual Notice" had been satisfied by the publication of the required advertisement in the Asbury Park Press and the Messenger Press January 15, 2015 posting the notice on the Board in the Upper Freehold Township Municipal Building and filing a copy of said notice with the Municipal Clerk.

PRESENTATION - Matthew Clark, Monmouth County Tax Board Administrator

REPORTS: Committee Liaisons will each provide reports on their respective departments, monthly reports prepared by Department Heads, listed herein, are on file in the office of the Municipal Clerk.

• Annual Statement of Receipts Balance as of 12/31/2015

• Construction Department – February 2016

CORRESPONDENCE: The following correspondence has been received and is on file in the office of the Municipal Clerk. These items will be kept at the counter for review for the next week.

• Ocean Monmouth Health Alliance – March is Colon Cancer Awareness Month

• Monmouth County Clerk’s Office offers Veterans’ Discount Cards for veterans living in Monmouth County – copy attached

• PSE&G – Petition of Public Service Electric and Gas Company to Modify its Manufactured Gas Plant Remediation Component within its Electric Societal Benefits Charge and its Gas SBO during the Remediation Adjustment Charge 23 Period - posted

Land Use Notices:

• State of NJ, Department of Environmental Protection – Blocks 27 & 14 Lots 27 & 15 Wetlands Letter of Interpretation: Line Verification-Salter’s Mill, NHR, LLC c/o Michael McCloskey, 33 & 35 Davis Station Road

• PSE&G – Freshwater Wetlands Statewide General Permit #1 Application - NJDEP Division of Land Use Regulation Program Application submitted by Public Service Electric and Gas Company (PSE&G) in Support of Repair, Replacement and Maintenance of Natural Gas Distribution and Transmission Mains in Public Rights-of-Way

ORDINANCE 274-16 – PUBLIC HEARING

BOND ORDINANCE PROVIDING FOR ROAD IMPROVEMENTS TO DAVIS STATION ROAD IN AND BY THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY, APPROPRIATING $445,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $422,750 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 274-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Dr. Frascella to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF UPPER FREEHOLD, IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1. The improvement described in Section 3(a) of this bond ordinance is hereby authorized to be undertaken by the Township of Upper Freehold, in the County of Monmouth, New Jersey (the "Township") as a general improvement. For the improvement or purpose described in Section 3(a), there is hereby appropriated the sum of $445,000, including the sum of $22,250 as the down payment required by the Local Bond Law. The down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.

Section 2. In order to finance the cost of the improvement or purpose not covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $422,750 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3. (a) The improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is road improvements to Davis Station Road, including all work and materials necessary therefor and incidental thereto.

(b) The estimated maximum amount of bonds or bond anticipation notes to be issued for the improvement or purpose is as stated in Section 2 hereof.

(c) The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefor.

Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no bond anticipation note shall mature later than one year from its date. The bond anticipation notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with bond anticipation notes issued pursuant to this bond ordinance, and the chief financial officer's signature upon the bond anticipation notes shall be conclusive evidence as to all such determinations. All bond anticipation notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this bond ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 5. The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.

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

(a) The improvement or purpose described in Section 3(a) of this bond ordinance is not a current expense. It is an improvement or purpose that the Township may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby.

(b) The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 10 years.

(c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $422,750, and the obligations authorized herein will be within all debt limitations prescribed by the Local Bond Law.

(d) An aggregate amount not exceeding $25,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement.

Section 7. The Township hereby declares the intent of the Township to issue bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3(a) of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations.

Section 8. Any grant moneys received for the purpose described in Section 3(a) hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this bond ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.

Section 9. The chief financial officer of the Township is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

Section 10. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount.

Section 11. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Ordinance 274-16 was offered for adoption on second reading by Mr. Alexander, moved and seconded by Dr. Frascella. This Ordinance was adopted by the following vote Mr. Faber, aye; Dr. Frascella, aye; Ms. Mount, aye and Mayor. Moslowski Jr., aye.

ORDINANCE 275-16 – PUBLIC HEARING

CALENDAR YEAR 2016 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A:4-45.14)

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 275-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Dr. Frascella to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

WHEREAS, the Local Government Cap Law, N.J.S. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 0.0% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A;4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Mayor and members of Township Committee of the Township of Upper Freehold in the County of Monmouth finds it advisable and necessary to increase its CY 2016 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Mayor and members of Township Committee hereby determines that a 3.5% increase in the budget for said year, amounting to $84,870.28 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS, the Mayor and members of Township Committee hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to the final appropriation in either of the next two succeeding years;

NOW THEREFORE BE IT ORDAINED, by the Mayor and members of Township Committee of the Township of Upper Freehold, in the County of Monmouth, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2016 budget year, the final appropriations of the Township of Upper Freehold shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $84,870.28, and that the CY 2016 municipal budget for the Township of Upper Freehold be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

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

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

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

Ordinance 275-16 was offered for adoption on second reading by Ms. Mount, moved and seconded by Dr. Frascella. This Ordinance was adopted by the following vote Mr. Faber, aye; Dr. Frascella, aye; Ms. Mount, aye and Mayor. Moslowski Jr., aye.

ORDINANCE 276-16 – PUBLIC HEARING

AN ORDINANCE AMENDING CHAPTER XIV (FIRE PREVENTION) SECTION 14-5 (ADDITIONAL REQUIRED INSPECTIONS AND FEES) OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER FREEHOLD.

PUBLIC HEARING: Mayor Moslowski Jr. opened the public hearing on Ordinance 276-16. There being no comments from the Public a motion was offered by Ms. Mount, moved and seconded by Dr. Frascella to close this hearing; this motion was carried by the following vote: Ayes, all; Nays, none. Motion Carried.

BE IT ORDAINED by the Mayor and Township Committee of the Township of Upper Freehold, County of Monmouth, and State of New Jersey that Chapter XIV (Fire Prevention) Section 14-5 (Additional Required Inspections and Fees) of the Revised General Ordinances of the Township of Upper Freehold be and are hereby amended or supplemented as follows:

PURPOSE

The purpose of this ordinance is to modify certain fees for certain inspections.

Chapter XIV (Fire Prevention) Section 14-5 (Additional Required Inspections and Fees)) of the General Ordinances of the Township of Upper Freehold be and are hereby amended or supplemented as follows (new text is double underlined, text to be deleted is struck through and notations to the reader and changes in subparagraph designations either with or without changes to content are italicized):

SECTION 1

14-5 ADDITIONAL REQUIRED INSPECTIONS AND FEES.

a. In addition to the fees and inspections of life hazard uses pursuant to the New Jersey Uniform Fire Code, the additional inspections and fees relative to the non-life hazards as set forth below shall be required annually. Fees shall be billed out in January and due no later than sixty (60) days from the issuance of the bill, with a late charge of one-half (1/2) of the original fee.

b. Any and all business, commercial, retail, or other premises to which the public is invited, for which provision is not made for a permit under the Uniform Fire Code, shall be inspected at least once every three (3) years on annual basis. Annual registration fees charged for inspections conducted pursuant to this section, paragraphs a. and b. shall be:

Class A: Up to 3,000 square feet $ 50.00

Class B: 3,001 to 5,000 square feet 170.00

Class C: 5,001 to 10,000 square feet 330.00

Class D: More than 10,000 square feet 500.00

Class E: Multifamily units, per dwelling unit 40.00

Minimum charge 40.00

Assembly Use Group

A-1 Eating Establishment under 50 persons $50

A-2 Take out Service (no seating) $50

A-3 House of Worship not used exclusively N/C

For religious purposes

A-4 Recreational centers multipurpose $50

(fewer than 50 persons)

A-5 Court Rooms, library, Condo center $50

Fraternal organizations fewer than 50

A-6 Senior centers (fewer than 50 persons) $50

Business Use Group

B-1 Professional use 1&2 Stories(less than $50

5000sq ft)

B-2 1 & 2 story (more than 5000sqft and $75

Less than 12,000 sqft)

B-3 1 & 2 story (more than 12,000 sqft) $100

B-4 3 to 5 story (less than 5000 sqft) $100

B-5 3 to 5 story (more than 5000 sqft $150

less than 12,000 sqft)

B-6 3 to 5 story (more than 12,000 sqft) $150

Retail/Mercantile Use Group

M-1 1&2 Stories(less than 5000sq ft) $125

M-2 1 & 2 story (more than 5000sqft and $150

Less than 12,000 sqft)

M-3 3 to 5 story (less than 5000 sqft) $200

M-4 3 to 5 story (more than 5000 sqft $225

less than 12,000 sqft)

Manufacturing/Factory Use Group

F-1 1&2 Stories(less than 5000sq ft) $100

F-2 1 & 2 story (more than 5000sqft and $125

Less than 12,000 sqft)

F-3 3 to 5 story (less than 5000 sqft) $175

F-4 3 to 5 story (more than 5000 sqft $200

less than 12,000 sqft)

Common Areas Use Group

E-1 1&2 Stories(less than5000sq ft) $75

E-2 1 & 2 story (more than 5000sqft $100

Less than 12,000 sqft)

E-3 1 & 2 story (more than 12,000 sqft) $125

E-4 3 to 5 story (less than 5000 sqft) $125

E-5 3 to 5 story (more than 5000 sqft $150

less than 12,000 sqft)

E-6 3 to 5 story (more than 12,000 sqft) $200

c. The application fee for a certificate of smoke detector and carbon monoxide detector compliance as required by N.J.A.C. 5:7-2.3 shall be:

When the application is received more than

10 business days before occupant change $ 35.00

4-10 business days before occupant change 70.00

Less than 4 business days before occupant change 125.00

d. All fee schedules shall be in accordance with those set forth by the State of New Jersey and modified accordingly, unless not specified in the Uniform Fire Code.

SECTION 2

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

SECTION 3

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

SECTION 4.

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

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

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

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

Ordinance 276-16 was offered for adoption on second reading by Ms. Mount, moved and seconded by Dr. Frascella. This Ordinance was adopted by the following vote Mr. Faber, aye; Dr. Frascella, aye; MS. Mount, aye and Mayor. Moslowski Jr., aye.

RESOLUTION 76-16 A RESOLUTION AUTHORIZING PAYMENT OF BILLS

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

|BE IT RESOLVED, that the following bills, properly certified be the Chief Financial |

|Officer, be paid: | | | |

| | | | |

| | | | |

|Current Fund | | |$1,972,068.93 |

|Capital General Fund | | |14,144.05 |

|Coah Trust Fund | | |25,599.20 |

|Developer Escrow Fund | | |55,931.78 |

|Dog Trust Fund | | |$692.40 |

|Municipal Drug Alliance Trust Fund | | |$784.39 |

|Open Space Trust Fund | | |$15,171.06 |

|Public Defender Trust Fund | | |$450.00 |

|Recreation Trust Fund | | |$5,419.08 |

| | | | |

| | | | |

| | | | |

|Total | | |$2,090,260.89 |

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

RESOLUTION 77-16 A RESOLUTION AUTHORIZING SHARED SERVICES AGREEMENT WITH FREEHOLD TOWNSHIP IN CONNECTION WITH HEALTH SERVICES

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

WHEREAS, the Board of Health and the Township Committee of the Township of Upper Freehold deem it to be in the best interest of the taxpayers of the Township to enter into a Shared Services Agreement for the providing of health services with the Board of Health and the Township Committee of the Township of Freehold pursuant to the local Health Services Act, N.J.S.A. 26:3A2-1 et seq. and the Shared Services Act, N.J.S.A. 40A:65-1 et seq and

WHEREAS, an agreement establishing the duties, rights and responsibilities of the two entities is attached hereto.

NOW, THEREFORE BE IT RESOLVED by the Township Committee of the Township of Upper Freehold that the Mayor and Township Clerk are hereby authorized to execute the attached Agreement with the Board of Health and the Township of Freehold for a term commencing January 1, 2016 and expiring December 31, 2016; and

BE IT FURTHER RESOLVED, that funds for this purpose have been provided for in the 2015 Municipal Budget; and

BE IT FURTHER RESOLVED, that a copy of the Agreement be maintained in the office of the Township Clerk, the Upper Freehold Township Board of Health, and available for public inspection; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution is forwarded to Freehold Township, Upper Freehold Township Chief Financial Officer and Upper Freehold Township Board of Health.

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

RESOLUTION 78-16 A RESOLUTION TO HIRE ADDITIONAL PER DIEM FIREFIGHTER/DRIVER EMPLOYEE TO BE ON-CALL

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

WHEREAS, Upper Freehold Township adopted an Ordinance to create the position of Firefighter/Driver for Hope Fire Company #1 to fill a need in the community to have a permanent employee available during the day to insure efficient response to emergency calls; and,

WHEREAS, this effort is being funded through an Interlocal Agreement with the Borough of Allentown; and,

WHEREAS, it is necessary to have several qualified Firefighter/Drivers on-call to fill in during vacation days, sick days, or under other circumstances that may arise; and,

WHEREAS, Supervisor of the Fire Department as well as the Township Administrator have recommended Frank A. Ryan and John Zuber, to be hired by Upper Freehold Township on an on-call basis to be paid a per diem salary based on an hourly rate of $13.00 per hour, and;

WHEREAS, funds for this purpose are available in the 2016 Budget in the appropriation known as Fire: Salary & Wages , Account Number 6-01-25-265-011 and the Chief Financial Officer/Treasurer has so certified in writing.

NOW, THEREFORE, BE IT RESOLVED, that Frank A. Ryan and John Zuber, are qualified applicants and are hereby hired on an on-call basis at a per diem salary based on an hourly rate of $13.00 per hour:

BE IT FURTHER RESOLVED, that when it is determined that on-call people are needed and the qualified employees will be contacted by a career firefighter. The full time employees serving as firefighter/driver of Hope Fire Company will supply the Township Administrator & Chief Financial Officer with the name and hours of such an on-call employee.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Chief Financial Officer, Chief and President of Hope Fire Company #1, and the Borough of Allentown.

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

RESOLUTION 79-16 A RESOLUTION OF THE TOWNSHIP OF UPPER FREEHOLD TO APPROVE AND ENDORSE THE ACQUISITION OF A DEVELOPMENT EASEMENT BY THE MONMOUTH COUNTY AGRICULTURE DEVELOPMENT BOARD BLOCK 24 LOT 12

The following Resolution was offered by Ms. Mount, moved and seconded by Mr. Faber.

WHEREAS, the Monmouth County Agriculture Development Board is considering the purchase of a development easement on a property located in the Township of Upper Freehold, more specifically identified as:

Constance Wright: Block 24 Lot 12 in Upper Freehold Township, comprising approximately 48 acres, with one 1-acre non-severable exception, one 14-acre +/- severable exception that will be sold to Monmouth County Parks in a separate transaction, zero residences on the net easement area, and zero agricultural labor housing units.

WHEREAS, N.J.A.C. 2:76-6.7 requires the governing body to review applications for the purchase of development easements as a condition of receiving State Agriculture Development Committee grant funds; and

WHEREAS, the Township Committee of the Township of Upper Freehold is aware of the future restrictions on property protected from development as a result of the purchase of a development easement in accordance with the Right to Farm Act and the Agriculture Retention and Development Act; and

WHEREAS, the Monmouth County Agriculture Development Board has established a policy of requiring local cost share commitment for all easement purchases; and

WHEREAS, the purchase price and certified market value of the agricultural easement is $16,300 per acre; and

WHERAS, Upper Freehold’s anticipated cost share is estimated at 16% of the total consideration, or $2,608 per acre; and

WHEREAS, Upper Freehold Township will use its Open Space Trust to fund this acquisition; and

WHEREAS, certification of the availability of funds is hereby attested to by the Chief Financial Officer; and

WHEREAS, the use of an Installment Purchase Agreement is not anticipated.

NOW, THEREFORE, BE IT RESOLVED that the Township of Upper Freehold, County of Monmouth, State of New Jersey does hereby approve and endorse the acquisition of the development easement on Block 24 Lot 12 comprising approximately 48 acres, with one 1-acre non-severable exception, one 14-acre +/- severable exception that will be sold to Monmouth County Parks in a separate transaction, zero residences on the net easement area, and zero agricultural labor housing units.

BE IT FURTHER RESOLVED that the tax revenues generated by the Township expressly for the purpose of preserving farmland be made available to assist the County in the purchase of development easements at the rate specified within the Monmouth County Agriculture Development Board’s “Procedures Governing the Funding of Easement Purchases” policy adopted August 7, 2002 and recognizes that the estimated cost and Municipal Share is subject to adjustment.

BE IT FURTHER RESOLVED that two certified copies of the Resolution be sent to the Monmouth County Agriculture Development Board office and one copy each to the Upper Freehold Township Planning Board, Tax Assessor and Tax Collector

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

RESOLUTION 80-16 A RESOLUTION OF THE TOWNSHIP OF UPPER FREEHOLD TO APPROVE AND ENDORSE THE ACQUISITION OF A DEVELOPMENT EASEMENT BY THE MONMOUTH COUNTY AGRICULTURE DEVELOPMENT BOARD – BLOCK 38 LOTS 2, 2.01, 2.02, AND 3

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

WHEREAS, the Monmouth County Agriculture Development Board is considering the purchase of a development easement on a property located in the Township of Upper Freehold, more specifically identified as:

Clara Molski: Block 38 Lots 2, 2.01, 2.02 and 3 in Upper Freehold Township, comprising approximately 103.5 acres, with one 4.6-acre non-severable exception and no agriculture labor housing units or residences on the net easement area

WHEREAS, N.J.A.C. 2:76-6.7 requires the governing body to review applications for the purchase of development easements as a condition of receiving State Agriculture Development Committee grant funds; and

WHEREAS, the Township Committee of the Township of Upper Freehold is aware of the future restrictions on property protected from development as a result of the purchase of a development easement in accordance with the Right to Farm Act and the Agriculture Retention and Development Act; and

WHEREAS, the Monmouth County Agriculture Development Board has established a policy of requiring local cost share commitment for all easement purchases; and

WHEREAS, the purchase price and certified market value of the agricultural easement is $21,900 per acre; and

WHERAS, Upper Freehold’s anticipated cost share is estimated at 16% of the total consideration, or $3,504.00 per acre; and

WHEREAS, the use of an Installment Purchase Agreement is not anticipated.

NOW, THEREFORE, BE IT RESOLVED that the Township of Upper Freehold, County of Monmouth, State of New Jersey does hereby approve and endorse the acquisition of the development easement on Block 38 Lots 2, 2.01, 2.02, and 3, comprising approximately 103.5 acres with one non-severable exception.

BE IT FURTHER RESOLVED that the tax revenues generated by the Township expressly for the purpose of preserving farmland be made available to assist the County in the purchase of development easements at the rate specified within the Monmouth County Agriculture Development Board’s “Procedures Governing the Funding of Easement Purchases” policy adopted August 7, 2002 and recognizes that the estimated cost and Municipal Share is subject to adjustment.

BE IT FURTHER RESOLVED that two certified copies of the Resolution be sent to the Monmouth County Agriculture Development Board office and one copy each to the Upper Freehold Township Planning Board, Tax Assessor and Tax Collector.

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

PRIVILEGE OF PUBLIC:

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

PRIVILEGE OF COMMITTEE:

Committeeman Faber – No Comment

Committeeman Frascella – No Comment

Committeewoman Mount – No Comment

Mayor Moslowski - No Comment

TOWNSHIP ATTORNEY READS RESOLUTION FOR TOWNSHIP COMMITTEE TO ADJOURN TO EXECUTIVE SESSION:

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

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

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

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

______ 1. Rendered confidential by Federal law or that if disclosed would impair receipt of Federal funds.

______ 2. Rendered confidential by State Statute or Court Rule.

______ 3. Would constitute an unwarranted invasion of individual privacy.

______ 4. Deals with collective bargaining, including negotiation positions.

______ 5. Deals with purchase, lease or acquisition of real property with public funds.

______ 6. Related to setting of bank rates or the investment of public funds and disclosure could adversely affect the public interest.

______ 7. Related to tactics and techniques utilized in protecting the safety and property of the public and disclosure may adversely affect the public.

______ 8. Related to investigation of violations or possible violations of the law.

______ 9. Related to pending/anticipated litigation or contract negotiations in which the public body is or may be a party.

______ 10. Falls within the attorney-client privilege and confidentiality is required.

______ 11. Deals with personnel matters of public employees and employee has not requested that the matter be made public.

______ 12. Quasi-judicial deliberations after public hearing that may result in imposition of a civil penalty or suspension or loss of a license or permit.

RETURN TO OPEN SESSION:

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

A RESOLUTION APPOINTING DENNIS SYMONS AS THE PART TIME FIRE OFFICIAL TO THE UPPER FREEHOLD TOWNSHIP BUREAU OF FIRE PREVENTION

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

WHEREAS, the Township Committee of Upper Freehold Township created a Local Enforcement agency, Bureau of Fire Prevention by adoption of Ordinance 140-04; and,

WHEREAS, Ordinance 140-04, adopted December 2, 2004 further adopted the New Jersey Uniform Fire Code, Consisting of the BOCA Basic/Nation Fire Prevention Code 1996 including all subsequent revisions and amendments thereto , as modified by N.J.A.C. 5:70-3.2 to be enforced by the newly established Bureau of Fire Prevention; and,

WHEREAS, as part of Ordinance 140-04, the Township Committee of Upper Freehold Township established the two year appointed position of Fire Official, commencing on January 1st of the year of appointment; and,

WHEREAS, the position of Fire Official was vacated by Edward Tencza as of February 18, 2016; and,

WHEREAS, the Township Administrator and Public Safety Liaison reviewed the applications received and conducted interviews of qualified candidates; and,

WHEREAS, Dennis Symons, in accordance with the Revised General Code of Upper Freehold Township Section 14.2.4., having all of the qualifications set by Ordinance 140-04 is recommended to be offered the position of Part Time Fire Official at an annual salary of $12,000 per year, with no fringe benefits; and,

WHEREAS, funds for this purpose will be provided for in the first three months of 2016 in the 2016 Temporary Budget and funds for the balance of 2016 will be provided for in the Budget for the year 2016 in budget account 6-01-25-265-010.

NOW THEREFORE BE IT RESOLVED that Mr. Symons is hereby appointed as Part Time Fire Official for a two (2) year term , on a probationary basis for a period of 120 days starting March 23, 2016, fulfilling the two year term vacated by Edward Tencza and expiring December 31, 2017;

BE IT FURTHER RESOLVED that the Fire Official will perform his duties for both Upper Freehold Township and the Borough of Allentown, in accordance with the Shared Services Agreement between the municipalities;

BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Township Administrator/ Chief Financial Officer, Dennis Symons, Hope Fire Company 1 Fire Chief, Department of Community Affairs Division of Fire Safety, and the Borough of Allentown.

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

________________________

Dana L. Tyler, RMC

Municipal Clerk

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