Monroe Council Minutes | 4/3/2017

TOWNSHIP OF MONROE COUNCIL MEETING MINUTES

REGULAR MEETING - APRIL 3, 2017

The Council of the Township of Monroe met in the Municipal Building, 1 Municipal Plaza, for a Regular Meeting.

The Regular Meeting was Called to Order at 7:00 p.m. by Council President Stephen Dalina with a Salute to the Flag.

UPON ROLL CALL by the Township Clerk, Patricia Reid, the following members of Council were present: Councilwoman Miriam Cohen, Councilman Blaise Dipierro, Councilman Michael Leibowitz, Council Vice-President Elizabeth Schneider and Council President Stephen Dalina.

ALSO, PRESENT: Mayor Gerald W. Tamburro, Business Administrator Alan M. Weinberg, Township Attorney Joel L. Shain, Engineer Mark Rasimowicz and Deputy Township Clerk Christine Robbins.

There were approximately one hundred (100) members of the Public present in the audience.

Council President Dalina requested the Township Clerk to read the following SUNSHINE LAW into the record:

In accordance with the Open Public Meetings Act, it is hereby announced and shall be entered into the Minutes of this meeting that adequate notice of this meeting has been provided by the following:

1.Posted on the Bulletin Boards within the Municipal Building on December 30, 2016 and remains posted at that location for public inspection;

2.Printed in the HOME NEWS TRIBUNE and STAR LEDGER on January 6, 2017;

3.Posted on the Bulletin Boards within the Municipal Complex;

4.Posted on the Monroe Township website; and

5.Sent to those individuals who have requested personal notice.

In accordance with Chapter 3, Section 17 of the Monroe Township Code, Public comment shall be limited to five (5) minutes unless further time is granted by the Council President.

Mayor Tamburro presented former Council President Leslie Koppel with a plaque honoring her during her time on the Council. He congratulated her on her new title as Middlesex County Freeholder. Freeholder Koppel thanked her family, Council and Mayor Tamburro for all their support during her time on the Council.

Council President Dalina wished Leslie the best of luck in her new position and thanked her for all her hard work and dedication.

Councilwoman Cohen said that Leslie has always been a risk taker and hard worker and she is honored to have taken her place on council.

Council Vice-President Schneider conveyed her well wishes and expressed that she will miss Leslie on council and she will be a phenomenal Freeholder.

Councilman Leibowitz mentioned that Leslie is the Executive Director of Rise Community

Partnership in Hightstown, NJ which helps those in need, adding that our relationship with Leslie will not end as we all should donate and volunteer our time when needed to help her organization.

He also commented that it has been a pleasure to know her and work with her and wished her the best of luck.

Councilman Dipierro commented that he has grown up with Leslie and watched her take on many different responsibilities such as PTA President, Councilwoman, Council Vice-President and

Council President and is honored to have been able to work with her and wished her the best of luck in her new role as County Freeholder.

A brief recess was taken and the meeting reconvened at 7:11pm.

Mayor Tamburro stated that we are very proud of all the sports programs that are run through our recreation department but unfortunately, we do not have a bowling team so these kids have done it all on their own. The Athletic Director from the high school Greg Beyer is in attendance and most importantly coach Samantha Grimaldi who has done a terrific job.

Coach Samantha Grimaldi read a brief statement into the record, as follows:

This season has been an outstanding example of perseverance and pride for the Monroe Township Boys Bowling Team. Entering a new division and facing a different level of competition than in the past, the boys finished the season 9-5, though their work was not done just yet! The boys moved on to overtake the GMC competitor, Woodbridge, for the Group 3 Sectional Championship, the first sectional championship in school history for the bowling team. Moving forward they scored an impressive 3,227 in total pin fall to advance as the highest pin-fall in the state and win the Group 3 State Championship. An honor that had only been won in past school history by the 1987 Hall of Fame Boys’ Soccer Team.

Not only were they Sectional and State Champions, but also had individual triumphs as well. Louie Folgore bowled his first 300 game and was honored as an All-Conference GMC Bowler and an All Division Bowler. Congratulations to the boys on a phenomenal season. As you move forward in your lives, always remember the magic you created with one another on and off the lanes.

The Boys Bowling Group III – New Jersey State Champions were all given awards for their achievement, as follows:

Boys Bowling Group III – New Jersey State Champions

Louis Folgore

Zachary Waynor

Riyaz Mohamed

Devin Maddox

Ryley McKiernan

Tyler Kresan

Joseph Hoehler

Zachary Volkmann

Head Coach: Samantha Grimaldi

Athletic Director: Greg Beyer

A brief recess was taken and the meeting reconvened at 7:23pm.

Mayor Tamburro presented a Proclamation to members of the Jewish Family Services of

Middlesex County for “NATIONAL SERVICE RECOGNITION DAY” – April 4, 2017; one

of the main functions that they do out of their office located in Monroe Township is the kosher

meals on wheel’s program.

The following PROCLAMATIONS of Mayor Gerald W. Tamburro were read into the record:

AUTISM AWARENESS MONTH - APRIL

April 2, 2017 WORLD AUTISM AWARENESS DAY

2017 U DRIVE. U TEXT. U PAY.

April 1-21, 2017

ARBOR DAY

April 28, 2017

LEAGUE OF WOMEN VOTERS – BI-ANNUAL CONVENTION

April 28, 2017

SEXUAL ASSAULT AWARENESS MONTH – APRIL

April 26, 2017 – WEAR DENIM DAY

UPON MOTION made by Councilwoman Cohen and seconded by Council Vice-President Schneider, the CLAIMS per run date of 03/22/2017 were approved for payment as presented.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

UPON MOTION made by Councilman Leibowitz and seconded by Council Vice-President Schneider, the MINUTES of the February 27, 2017 Agenda Meeting, March 6, 2017 Regular Meeting and the March 6, 2017 Closed Meeting were approved as written and presented.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

UPON MOTION made by Councilwoman Cohen and seconded by Council Vice-President Schneider, an Ordinance of which the following is the title was moved on second reading for final

passage:

O-3-2017-004ORDINANCE AMENDING THE 2015 – 2018 SUPERVISORY PERSONNEL SALARY AND WAGE ORDINANCE FIXING THE SALARIES AND WAGES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE TOWNSHIP OF MONROE AND PROVIDING FOR THE MANNER OF PAYMENT THEREOF AND RATIFYING SALARIES AND PAYMENTS TO EMPLOYEES AND OFFICIALS PREVIOUSLY PAID.

ORDINANCE as follows: (O-3-2017-004)

BE IT ORDAINED by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey that the 2015 – 2018 Supervisory Personnel Salary and Wage Ordinance shall be amended as follows:

SECTION 1. The following annual salaries, wages and fees shall be paid, effective/retroactive as hereinafter specified:

2016 to 2018

POSITIONSALARY AND WAGE RANGES

Interim QPA P/T -$1,000/month

Retroactive to April 1, 2017

Certified Parks Manager F/T$85,000to$95,000

Effective date July 1, 2017

Administration Budget Manager P/T$10,000to$12,000

Retroactive to January 1, 2017

Assistant to Emergency Management Coordinator P/T$15,000to$30,176

Retroactive to January 1, 2017

Finance Office Manager P/T$ 5,000to$10,000

Retroactive to January 1, 2017

SECTION 2. All Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance shall be and the same are hereby repealed.

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

SECTION 4. This Ordinance shall take effect upon final passage and publication as provided by law.

SO ORDAINED, as aforesaid.

There was no Public or Council discussion.

Councilwoman Cohen and seconded by Council Vice-President Schneider, moved and seconded

the adoption, an Ordinance of which the following is the title was passed on Second Reading and

Final Adoption:

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

Copy of Ordinance Duly Filed.

O-3-2017-004

UPON MOTION made by Councilman Leibowitz and seconded by Councilman Dipierro,

an Ordinance of which the following is the title was moved on second reading for final passage:

O-3-2017-005ORDINANCE AMENDING CHAPTER 122 OF THE CODE OF THE TOWNSHIP OF MONROE, MIDDLESEX COUNTY ENTITLED, “VEHICLES AND TRAFFIC”.

ORDINANCE as follows: (O-3-2017-005)

BE IT ORDAINED by the Township Council of the Township of Monroe, in the County of Middlesex, New Jersey as follows:

SECTION 1.Section 122-42, Schedule XIII of the Code of the Township of Monroe, which Section establishes “Bus Stops” within the Township of Monroe shall be amended to include the following:

In accordance with the provisions of Section § 122-18, the following described locations are hereby designated as bus stops:

NAME OF STREETSIDELOCATION

ADD:

Applegarth Road (CR 619)NorthNorthbound on the Easterly side of Union Valley Road (near side) beginning at the southerly curbline of Union Valley Road and extending 105’

Southerly therefrom.

Applegarth Road (CR 619)SouthSouthbound on the Westerly side of Cranbury Station Road (near side) beginning at the northerly Curbline of Cranbury Station Road and extending 105’ Southerly therefrom.

Applegarth Road (CR 619)NorthNorthbound on the Easterly side of Federal Road(far side) beginning at the northerly curbline of Federal Road and extending 100’ northerly therefrom.

Applegarth Road (CR 619)SouthSouthbound on the Westerly side of Halsey Reed Road (near side) beginning at the northerly curbline of Halsey Reed Road and extending 105 northerly therefrom.

SECTION 3.All Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance be and the same are hereby repealed to the extent of such inconsistency.

SECTION 4.If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.

SECTION 5.This Ordinance shall take effect twenty days after final passage, adoption and publication according to law.

There was no Public or Council discussion.

As Councilman Leibowitz and Councilman Dipierro moved and seconded the adoption, an

Ordinance of which the following is the title was passed on Second Reading and Final Adoption:

O-3-2017-005ORDINANCE AMENDING CHAPTER 122 OF THE CODE OF THE TOWNSHIP OF MONROE, MIDDLESEX COUNTY ENTITLED, “VEHICLES AND TRAFFIC”.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

Copy of Ordinance Duly Filed.

O-3-2017-005

UPON MOTION made by Councilman Leibowitz and Council Vice-President Schneider,

an Ordinance of which the following is the title was moved on second reading for final passage:

O-3-2017-006ORDINANCE REPEALING AND REPLACING CHAPTER 131A-1, ET SEQ. OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “AFFORDABLE HOUSING DEVELOPMENT FEES” TO REFLECT AMENDMENTS TO THE FAIR HOUSING ACT.

ORDINANCE as follows: (O-3-2017-006)

WHEREAS, the Monroe Township Development Fee Ordinance was last amended in its entirety by Ordinance O-2-93-005; and

WHEREAS, a 2008 amendment to the Fair Housing Act, and the Statewide Non-Residential Development Fee Act, expanded COAH’s jurisdiction to include non-residential development fees; and

WHEREAS, Monroe Township’s Spending Plan, which was approved by the Superior Court of New Jersey on October 5, 2016, incorporates projected non-residential development fees; and

WHEREAS, the Monroe Township Council wishes to update its development fee ordinance to incorporate these amendments and its approved spending plan;

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

1.Section 131A-1, et seq. shall be repealed in its entirety and replaced with the following:

131A–1. Purpose.

A.In Holmdel Builder’s Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the adoption of Rules by the Council on Affordable Housing (COAH).

B.Pursuant to the Fair Housing Act, as modified by P.L. 2008, c. 46, Section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH was authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of COAH or a Court of competent jurisdiction and have an approved Spending Plan may retain development fees collected from both residential and non-residential developments.

C.This Ordinance establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with COAH’s regulations and are in accordance P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this Ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This Ordinance shall be interpreted within the framework of COAH’s rules on development fees, codified at N.J.A.C. 5:94-6.

131A–2. Basic Requirements.

The Township of Monroe shall spend development fees in accordance with its Spending Plan approved by Order of The Honorable Douglas K. Wolfson on October 5, 2016, as amended and approved by the Superior Court of New Jersey from time to time.

131A–3. Definitions.

The following terms, as used in this Ordinance, shall have the following meanings:

“Affordable housing development” means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable housing development.

“COAH” or the “Council” means the New Jersey Council on Affordable Housing established under the Act which had primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State until 2016 when jurisdiction was vested in the Superior Court of New Jersey.

“Development fee” means money paid by a developer for the improvement of property as permitted at N.J.A.C. 5:94-6.

“Developer” means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

“Equalized assessed value” means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c).

“Green building strategies” means those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

“Substantive Certification” means a determination by an administrative agency responsible for implementing the Fair Housing Act and adopting regulations pursuant thereto for approving a municipality’s housing element and fair share plan in accordance with the provisions of the Act or its equivalent when granted by a Court of competent jurisdiction.

131A–4. Residential Development Fees

A.Imposition of Fees

1)Within the Township of Monroe, all residential developers, except for developers of the types of developments specifically exempted below and developers of developments that include affordable housing, shall pay a fee of one percent (1.0%) of the equalized assessed value for all new residential development provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.

2)When an increase in residential density is permitted pursuant to a “d” variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a “bonus” development fee of six percent (6%) percent of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

B.Eligible Exactions, Ineligible Exactions and Exemptions for Residential Developments

1)Affordable housing developments and/or developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from the payment of development fees.

2)Improvements or additions to existing one and two-family dwellings on individual lots shall not be required to pay a development fee, but a development fee shall be charged for any new dwelling constructed as a replacement for a previously existing dwelling on the same lot that was or will be demolished, unless the owner resided in the previous dwelling for a period of one year or more prior to obtaining a demolition permit. Where a development fee is charged for a replacement dwelling, the development fee shall be calculated on the increase in the equalized assessed value of the new structure as compared to the previous structure.

3)Homes replaced as a result of a natural disaster (such as a fire or flood) shall be exempt from the payment of a development fee.

131A–5. Non-Residential Development Fees

A.Imposition of Fees

1)Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall pay a fee equal to two and one-half percent (2.5%) of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.

2)Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall also pay a fee equal to two and one-half percent (2.5%) of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.

3)Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and one-half percent (2.5%) shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure, i.e. land and improvements, and such calculation shall be made at the time the property qualifies for a final Certificate of Occupancy. If the calculation required under this Section results in a negative number, the non-residential development fee shall be zero.

B.Eligible Exactions, Ineligible Exactions and Exemptions for Non-residential Development

1)The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to a two and a half percent (2.5%) development fee, unless otherwise exempted below.

2)The two and a half percent (2.5%) development fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.

3)Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption". Any exemption claimed by a developer shall be substantiated by that developer.

4)A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final Certificate of Occupancy for the non-residential development, whichever is later.

5)If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this Section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the Township of Monroe as a lien against the real property of the owner.

131A–6.Collection Procedures

A.Upon the granting of a preliminary, final or other applicable approval for a development, the approving authority or entity shall notify or direct its staff to notify the Construction Official responsible for the issuance of a Building Permit.

B.For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF “State of New Jersey Non-Residential Development Certification/ Exemption” to be completed as per the instructions provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

C.The Construction Official responsible for the issuance of a Building Permit shall notify the Township Tax Assessor of the issuance of the first Building Permit for a development which is subject to a development fee.

D.Within 90 days of receipt of such notification, the Township Tax Assessor shall prepare an estimate of the equalized assessed value of the development based on the plans filed.

E.The Construction Official responsible for the issuance of a final Certificate of Occupancy shall notify the Township Tax Assessor of any and all requests for the scheduling of a final inspection on a property which is subject to a development fee.

F.Within 10 business days of a request for the scheduling of a final inspection, the Township Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

G.Should the Township of Monroe fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c.46 (C.40:55D-8.6).

H.Except as provided in Section 5.A.3) hereinabove, twenty-five percent (25%) of the initially calculated development fee shall be collected at the time of issuance of the Building Permit.

I.Developers shall pay the remaining fee to the Township of Monroe when their properties qualify for, but prior to, the issuance of certificates of occupancy. When notified that the properties noted above qualify for certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at that time and the amount paid at the time the building permit is issued.

J.The developer shall, within ten (10) days from receipt of notification from the Township, pay to the Township the difference between the development fees required to be paid by the developer once such final equalized assessed value has been determined and the estimated development fees actually paid by the developer. The failure of the developer to make timely payment of the aforesaid deficiency shall entitle the township to file, without further notice to the developer, a lien against the subject development. In the event the township shall file such lien, the township may add to the aforesaid deficiency amount reasonable attorney fees to file and discharge such lien, together with any and all costs incurred to file and discharge said lien.

K.Appeal of Development Fees

1)A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Township of Monroe. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

2)A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Township of Monroe. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

131A–7.Affordable Housing Trust Fund

A.By Ordinance O-5-2012-013 Monroe Township created an Affordable Housing Irrevocable Trust into which it transferred all Development Fee funds on deposit as of December 31, 2011 (the “Irrevocable Trust”). All Development Fees received thereafter are deposited into an interest-bearing Affordable Housing Trust Fund in an official depository of the Township of Monroe created for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this chapter shall be submitted to the Treasurer of the Township for deposit into the Affordable Housing Trust Fund. No money shall be expended from the Irrevocable Trust, or the Affordable Housing Trust Fund, unless the expenditure conforms to the Spending Plan approved by the Superior Court of New Jersey.

B.The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

1)Payments in lieu of on-site construction of a fraction of an affordable unit;

2)Funds contributed by developers to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached unit development accessible;

3)Rental income from municipally operated units;

4)Repayments from affordable housing program loans;

5)Recapture funds;

6)Proceeds from the sale of affordable units; and

7)Any other funds collected in connection with Monroe’s affordable housing program.

C.Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing activities approved by the Superior Court of New Jersey.

131A–8.Use of Funds

A.The expenditure of all funds shall conform to the Spending Plan approved by the Superior Court of New Jersey. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the Superior Court of New Jersey to address the Township of Monroe’s fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market to affordable program; Regional Housing Partnership programs; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost saving and in accordance with accepted national or State standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity listed as permitted in COAH's Rules and specified in the Court-approved Spending Plan.

B.At least thirty percent (30%) of all development fees collected and interest earned on such fees shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30 percent or less of the median income for Housing Region 3, in which the Township of Monroe is located.

1)Affordability assistance programs may include, but are not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, moving expenses not to exceed $500 per family, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs.

2)Affordability assistance to households earning 30 percent or less of median income may include buying down the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to households earning 30 percent or less of median income. The use of development fees in this manner may entitle the Township of Monroe to bonus credits pursuant to N.J.A.C. 5:97-3.7.

3)Payments in lieu of constructing affordable housing units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

4)Monroe Township has adopted the following specific affordability assistance programs:

a)Rent subsidies for low- and moderate- income households based upon size of household and number of bedrooms in apartment.

i.One-bedroom, low-income unit – $55.00 per month subsidy.

ii.One-bedroom, moderate-income unit – $100.00 per month subsidy.

iii.Two-bedroom, low-income unit – $100.00 per month subsidy.

iv.Two-bedroom, moderate-income unit – $200.00 per month subsidy.

v.Three-bedroom, low-income unit -- $150.00 per month subsidy.

vi.Three-bedroom, moderate-income units -- $250.00 per month subsidy.

b)The following additional assistance is offered to very low-income households:

i.Payment of "moving expenses" based upon verified receipts, in an amount not to exceed One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per household.

ii.Rental security deposit – Deposits paid to landlord to be returned to the Township Affordable Housing Trust Fund upon termination of tenancy.

iii.Rent subsidies for very low-income households based upon number of bedrooms in apartment:

(a)One-bedroom – $75.00 per month subsidy.

(b)Two-bedroom – $125.00 per month subsidy.

(c)Three-bedroom -- $175.00 per month subsidy.

c)Buyer assistance. The Township may pay the following from the Affordable Housing Trust Fund to, or on behalf of, low- and moderate-income households to assist with the purchase of an affordable unit in which the buyer's household will reside:

i.Payment of closing costs: i.e., title work and policy, reasonable attorney’s fees for closing of title, preparation of survey, homeowners insurance, recording fees, and other necessary closing expenses to third parties, not to exceed one thousand five hundred dollars ($1,500.00) per unit.

ii.Payment of lender fees: i.e., mortgage points, application fees, appraisal fees, bank attorney review fees, and necessary mortgage closing expenses, not to exceed one thousand five hundred dollars ($1,500.00) per unit.

iii.The total buyer assistance per unit shall not exceed three thousand dollars ($3,000.00) for the above referenced assistance grants.

iv.Down payment assistance in the form of a repayable loan, to be repaid to the Township of Monroe Affordable Housing Trust Fund upon the resale of the affordable housing unit (said assistance not to exceed ten percent (10%) of the purchase price). Down payment assistance is subject to approval by the lender.

5)A low- or moderate-income household may not be denied affordability assistance unless funding is no longer available from the Affordable Housing Trust Fund.

C.The Township of Monroe may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

D.No more than 20 percent of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants’ fees necessary to develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or administer an affirmative marketing program.

1)In the case of a rehabilitation program, no more than 20 percent of the revenues collected from development fees shall be expended for such administrative expenses.

2)Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with the Superior Court of New Jersey’s monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council’s regulations and/or actions are not eligible uses of the Affordable Housing Trust Fund.

131A–9.Monitoring

The Township of Monroe shall file such monitoring reports and forms necessary to comply with the Superior Court of New Jersey’s monitoring requirements related to the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Monroe Township’s affordable housing program, as well as to the expenditure of revenues and implementation of the Housing Element and Fair Share Plan approved by the Court.

131A–10.Ongoing Collection of Fees

A.The ability of the Township of Monroe to impose, collect and expend development fees shall expire July 1, 2025, unless prior thereto the Township of Monroe has filed an adopted Housing Element and Fair Share Plan with the Superior Court of New Jersey or with such other State agency having jurisdiction over the adoption and enforcement of Rules in connection with the implementation of the Fair Housing Act and approval of municipal Housing Elements and Fair Share Plans, has petitioned for Substantive Certification or a Judgment of Compliance, and has received approval of its Development Fee Ordinance.

B.If the Township of Monroe fails to renew its ability to impose and collect development fees prior to July 1, 2025, it may be subject to forfeiture of any or all uncommitted funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the "New

Jersey Affordable Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c. 222 (C. 52:27D-320).

Section 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

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

Section 4.This Ordinance shall take effect upon final passage and publication as provided by law.

SO ORDAINED as aforesaid.

Michele Arminio, 9 Nathaniel St. – Mrs. Arminio asked if this was what was formerly known as

COAH; Council President Dalina answered yes. She commented that she sees a lot of Developer’s

Fees and asked if this goes into the Township’s budget; Assistant Township Attorney Schaffer

answered that the funds go into the Affordable Housing Trust and is used in accordance with the

spending plan. She added that the Special Court Master saw that there were additional fees that we

could collect therefore this amendment is being made.

Mayor Tamburro added that age restricted units are a part of the number of units we are obligated

to build; we took the maximum amount of age restricted units which was 25%.

As Councilman Leibowitz and Council Vice-President Schneider moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: O-3-2017-006ORDINANCE REPEALING AND REPLACING CHAPTER 131A-1, ET SEQ. OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “AFFORDABLE HOUSING DEVELOPMENT FEES” TO REFLECT AMENDMENTS TO THE FAIR HOUSING ACT.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

Copy of Ordinance Duly Filed.

O-3-2017-006

UPON MOTION made by Councilman Leibowitz and Council Vice-President Schneider,

an Ordinance of which the following is the title was moved on second reading for final passage:

O-3-2017-007ORDINANCE AMENDING CHAPTER 131 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “AFFORDABLE HOUSING” TO EXTEND AFFORDABILITY CONTROLS ON REHABILITATED OWNER OCCUPIED SINGLE FAMILY HOMES.

ORDINANCE as follows: (O-3-2017-007)

BE IT ORDAINED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that Chapter 131§9.D.1 of the Code of the Township of Monroe be and is hereby amended to read as follows:

Rehabilitated owner-occupied single family housing units that are improved to code standards shall be subjected to affordability controls for at least ten (10) years.

Section 2.All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

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

Section 4.This Ordinance shall take effect upon final passage and publication as provided by law.

SO ORDAINED, as aforesaid.

There was no public discussion.

As Councilman Leibowitz and Council Vice-President Schneider moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: O-3-2017-007ORDINANCE AMENDING CHAPTER 131 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “AFFORDABLE HOUSING” TO EXTEND AFFORDABILITY CONTROLS ON REHABILITATED OWNER OCCUPIED SINGLE FAMILY HOMES.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

Copy of Ordinance Duly Filed.

O-3-2017-007

UPON MOTION made by Council Vice-President Schneider and Councilwoman Cohen,

an Ordinance of which the following is the title was moved on second reading for final passage:

O-3-2017-008ORDINANCE AMENDING CHAPTER 39 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “FEES”.

(MTUD and Construction Dept. amendment of fees)

ORDINANCE as follows: (O-3-2017-008)

BE IT ORDAINED by the Council of the Township of Monroe, County of Middlesex, State of New Jersey that Chapter 39 of the Code of the Township of Monroe is hereby amended as follows: (new text is in red and underlined, text to be deleted is struck)

SECTION 1.

39-1.Title.

39-2.Purpose.

39-3.Fees enumerated.

39.4.Board of Education exemption.

39-1.Title

This chapter shall be known as the “Codification of Fees and Costs of the Township of Monroe”

39-2.Purpose

This chapter is adopted in order to advise the citizens of the township, and any and all persons doing business with the township, of the various fees charged for services rendered by the departments of township government and to provide ready access to any and all such information.

39-3. Fees Enumerated

Construction Fees

Section 39-3C, BUILDING SUBCODE FEES [Symbol] SCHEDULE II

Schedule #3 includes Use Groups: Add I-4

J.Monroe Township Utility Department fees and charges.

Rate Schedule

effective DECEMBER 25, 2016 MAY 1, 2017

Part 1 – Sewer Service

Section A – Definitions

A “UNIT” shall be defined as follows:

Residential:

Each single-family dwelling.

Each single-family apartment dwelling in a multiple family structure or structures.

(c) For users, other than residential: including each tenant in a non-residential building, an Equivalent Dwelling Unit of sewage flow shall be deemed to equal gallons per day of sewage flow. Example: 138 gal/day x 365 days = 50,370 gal/year or 12,593 gallons per quarter = one unit .

Definitions:

Customer – shall be the owner of the property. For existing multi-family or non-residential customers with multiple meters the MTUD will continue as a courtesy to send the bills to the Tenant with a copy to the Owner. The Owner is responsible for payment of the bills. If the bill(s) are unpaid a lien will be placed on the property.

BOD shall mean the capacity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade.

Suspended Solids shall mean solids that either float on the surface or are in suspension in water, sewage, or other liquids and those which are removable by laboratory filtration.

Chlorine Demand is the difference between the amount of chlorine applied to a treated supply and the amount of free combined or total available chlorine remaining at the end of the contract period.

Grease: Grease is defined to include the accumulation of oils, fats, cellulose, starch, proteins, wax, or grease, whether emulsified or not, in the Sewer System of Utility Department. These are substances which may solidify or become viscous at temperatures between thirty-two (32) degrees Fahrenheit and one hundred-fifty (150 Fahrenheit) (0 degrees – 65 degrees Celsius).

Grease Generating Establishments: Grease generating establishments, shall mean all retail food establishments, catering establishments, commercial food preparation facilities, meat processing facilities, and other establishments that may be capable of accumulating and discharging grease into the Sewer System.

Owner: Owner shall mean individual, person, firm, company, association, society, corporation, or group upon whose property the building or structure is located or will be constructed. In the event that one entity owns the building while another entity owns the property then the Owner is the latter of the two.

Section B – Annual Sewer Service Charges

ClassificationMinimum Annual Service Charge

Residential (as defined in Section A (1) above).

$259.00 $259.00per unit

All users other than residential:

For the first unit or portion thereof, a minimum annual service charge of $259.00.

For those users, whose quarterly sewage flow exceeds 12,593* gallons based on metered water consumption or actual sewage flow the rate shall be as follows:

Quarterly usage (#of Gallons)		Rates
From:	To:
0	12,593 12,953<<<gallons per qtr.	$64.75$64.75 per quarter
12,59312,953<<<gallons per qtr.	And over	$64.75 plus $7.00 $5.68 per 1,000 gallons

All water consumption readings shall be those obtained by the Utility Department from its own billing records where the Utility Department is supplying the water, or from the water company furnishing water to the respective units. If a customer obtains its water supply from a private well or an un-metered public water supply, then the user shall install a meter, location of which is to be approved by the Utility Department. In the event the user fails to install said meter after receiving notice from the Utility Department, then such installation shall be made by the Utility Department. In either case, the costs of the meter and the installation thereof shall be borne by the user. The meter shall be of the type approved by the Utility Department and may be purchased from the Utility Department. Prices of meters will be furnished upon request to the Utility Department.

In the event that estimated usage should prove to be inaccurate, the Utility Department reserves the right to recalculate prior Annual Service Charges with the difference charged to or credited to the user.

In the event a customer claims a substantial water use, the waste product of which does not pass into the sewer system, the customer shall have an option of specifically metering the waste usage which does not flow into the sewer system and the water so used shall be deducted from the total water usage in computing annual water consumption. All customers shall have the option of installing a sewer meter at the customer’s cost and expense and in the event of such an installation, the readings on said sewer meter shall be substituted for the annual water consumption as set forth in subsection (b) hereof.

An industrial cost recovery surcharge shall be collected by the Utility Department for those users whose sewage characteristics exceed one or more of the following standards:

Biochemical oxygen demand (BOD) greater than 200 parts per million (PPM).

Suspended solids greater than 250 PPM.

Chlorine demand in excess of 15 PPM.

For such users the industrial cost recovery surcharge shall be based on the most recent and highest cost in the Schedule of Rates charged by Middlesex County Utilities Authority plus a twenty-five percent administrative fee for only those characteristics that are higher than the above standards. In addition, surcharges shall only be charged for the specific characteristic(s) above the maximums listed above.

Where the industrial cost recovery surcharge is charged to another municipality, the charge shall be based on the Schedule of Rates charged by Middlesex County Utilities Authority plus a ten percent administrative fee.

The characteristics of the sewage waste shall be determined from actual samplings or other approved means, and shall be based upon analysis made in accordance with the procedure outlined in the latest edition of “Standard Methods of Analysis of Water and Sewage” published by the American Public Health Association. The Utility Department may require the installation of automatic samplers at the cost of the owner to obtain representative samples during a calendar quarter, or as may be required. The cost of sampling and analysis will be borne by the customer.

Control of Grease. No person or business shall discharge or cause to be discharged into the Sewer System, any water or waste containing more than one hundred (100) PPM by weight of fats, oils or grease.

In the event it is determined that blockage of an Utility Department sewer main is a result of the discharge from any grease generating establishment, all costs incurred by the Utility Department will be charged to the Owner of said grease generating establishment. Such costs can include but are not limited to, cost of clearing the blockage; damages to sewer lines; administrative, legal, and engineering costs; cleanup of pollution to surrounding soils or water; and reimbursement of any penalties imposed by regulatory agencies.

In addition to such other remedies as may be provided by law for violation of these regulations, the Utility Department may add or required to be added by the owner of said premises, such bacteria formulations and/or other recognized chemical formulations, to the Sewer System servicing grease generating establishments regulated herein. The Utility Department may charge the cost thereof as an additional sewer use charge to the Owner who is in violation of any provision of this regulation.

All food establishments shall install and regularly/properly service grease traps of sufficient capacity to eliminate the discharge of oil and grease.

In the event of any violation of this regulation or of any improper unauthorized use of any portion of the sewer system by any owner, then the Owner shall in the discretion of the Director be penalized a maximum of Five Hundred ($500.00) Dollars for each violation or improper unauthorized use. Each Day in which a violation or improper unauthorized use occurs, shall be deemed a separate offense. For purposes of this regulation, two (2) test readings showing more than 100 parts per million by weight of fats, oils or grease within a calendar month shall be deemed to be presumptive evidence of a violation occurring in each day of that calendar month.

Section C – Payment of Annual Sewer Service Charges

All sewer service charges are payable quarterly in advance.

All charges shall be payable on or before the due date of the bill. Any charges which are not paid by the due date will be charged a penalty of (1%) per month or fraction of a month, back to the billing date. Any partial payment of a bill will be applied first to interest charges, then to the oldest service charges.

3.If any account which remains unpaid after the due date will be sent a reminder. If any account is still unpaid at thirty (30) calendar days after the date due, a notice will be sent giving fifteen (15) calendar days to make payment or services will be discontinued. If payment is not received within fifteen (15) calendar days service will be shut off and a shut off fee of $75.00 will be assessed to the account.

All penalties are due and payable within thirty (30) days from the date that the Owner is notified in writing of the violations charged and the penalty to be imposed. In the event the penalty is not paid as required under these rules, then the Utility Department in its discretion may take all actions available to it for the non-payment of sewer charges as provided in N.J.S.A. 40A:26A-12. For purposes of these regulations, the Owner shall be responsible for the actions of any tenant using the sewer system.

The penalties imposed in this section shall be cumulative to other remedies afforded to the Utility Department by statute, as provided in N.J.S.A. 40A:26-14.

Section D – Sewer Connection Fees and Charges

The initial fees for the right to connect directly or indirectly to the Utility Department sewer system shall include a connection charge or fee per unit, as well as fees for applications, review, and inspection of work to be accomplished by the applicant in keeping with the Utility Department’s “Rules and Regulations Governing Applications to the Monroe Township Utility Department for Construction of Comprehensive Sewer Systems in the Township of Monroe.” These connection fees, which are one-time initial service charges for the right to connect to the Utility Department’s sewer system, are calculated in accordance with N.J.S.A. 40A26A-11 and are an integral part of this Rate Schedule.

The connection fee for each unit shall be $3,112.00 $3,160.00. Connection fees for single family homes not part of a real estate development are payable at the option of the applicant in two installments with the initial installment paid prior to the time of the connection and the second payment due within one year. Interest shall accrue and be due to the Utility Department at 1% per month on the unpaid balance. In the case where the system is under construction but not yet available for connection, connection fees can be paid at the option of the applicant in two (2) installments without interest.

In the case of real estate developers, the connection fees for any development of ten (10) or less units shall be payable at the time of final approval.

In any development of more than ten (10) units, connection fees for the first ten (10) units shall be payable at the time of final approval with the balance of connection fees payable in groups of ten (10) units at a time in advance of the building permit.

For a user other than residential with estimated sewage flows in excess of 138 gallons per day the connection fee shall be based on the number of units as defined in Section A (2) above. Fractional number of units shall be calculated to the next highest unit.

Where a connection to the sewer system is to be made after construction of mains has been completed and sewer service is available to the user, then in addition to the connection fee, the applicant shall pay for the cost of construction and inspection from the main to the curb, such construction to be performed by an approved contractor and inspection by the MTUD

No connection to the Utility Department sewer system shall be made until compliance with the requirements set forth in this Section have been met, and no excavation shall be back-filled until inspection has been completed by the duly designated representative of the Utility Department.

Section E – Filing, Review and Inspection Fees

Where mains are to be constructed by anyone other than the Utility Department, the applicant shall make application and pay fees for the time of Utility Department personnel on an hourly basis to draw down against the deposit as listed below:

Application for Review of Preliminary Plans:

Minor Subdivision Fee ………………………………. $600.00

Major Subdivision or Major Site Plan-Deposit ……. $1,000 min.

or $25.00 per unit whichever is greater.

Application for Tentative Approval:

Review Fee – Deposit …………1-1/2 % of estimated construction cost or 600.00 min

Application for Final Approval:

Review Fee – Deposit ………………………….1-1/2 % of estimated construction cost

d) Inspection Fee – Deposit ……5% of estimated construction cost

e) Application for extensions of approval must be accompanied by a re- view fee deposit of$600.00. Application for revisions after submittal and initial review must be accompanied by a review fee deposit of $1,000.00.

Request for USEPA grant waiver or mapping revision must be made by the Owner of the property. A $600.00 processing fee made payable to MTUD must accompany the request.

If the deposit is depleted before completion of review or inspection, the applicant shall deposit an additional amount to complete the review or inspection as estimated by the Utility Department Engineer within five (5) days of notification or all review and inspection will cease at the end of five (5) days after notification.

Any review fees for Preliminary Minor Applications is a flat fee and no portion will be returned to the applicant upon approval by the Utility Department.

Minor applications include any residential application which does not require extension of water and or sewer facilities (including service connection in the street) and which will not connect more than three houses to the water/sewer system. All commercial/industrial applications are major applications; however, the Utility Department may charge the lower minor review fee to tenants in newly approved commercial buildings for individual tenant fit out.

Any deposit monies other than review fees for Preliminary Minor Application not used will be returned to the applicant upon request after the project is completed. The Utility Department will retain sufficient funds to conduct an inspection at the end of the maintenance period.

The amount charged by the Utility Department for review and/or inspection shall be calculated by the Utility Department on an annual basis after the adoption of the Utility Department’s budget for the coming fiscal year, and shall be based on the hourly salary cost to the Utility Department plus the cost of fringe benefits payable to said individual and the cost of the overhead of the Utility Department allocable to that employee.

All persons wishing to connect to the sewer system are required to make application for connection under the terms of the preceding paragraph and pay the required fees as outlined in that paragraph.

2A. Each time there is a change in the owner or tenant of a non-residential unit, the owner shall file an application for approval.

Section F – Rates Charged to Customers Serviced by Other Entities

Rates charged to customers who are serviced by other entities through contract between the Monroe Township Utility Department and that entity shall be at that rate which is set forth in the contract with the entity, plus a twenty-five percent administrative cost unless prohibited by the contract with the other entity.

SECTION G- RESERVATION, RIGHT TO MODIFY

The Township of Monroe reserve the rights to modify or change any of the foregoing rules or make such addition, by rules and regulation, as maybe found essential in the protection of the public interests and the management of the Department and to impose such additional restrictions as may be deemed necessary.

If any of the above regulations is declared or held to be unconstitutional or legally inoperative, no other portion of this regulation shall be affected, but the unconstitutional or inoperative provision shall be rescinded and remaining provisions of this regulation shall remain in effect.

Part II – Water Service

Section A – Definitions:

“UNIT” shall be defined as follows:

Residential

Each single-family dwelling

Each single-family apartment dwelling in a multiple family structure or structures.

Other than Residential: includes each tenant in a non-residential building, One Equivalent Dwelling Unit of potable water shall equal 185 gallons per day of estimated water consumption or fraction thereof. In a building with more than one tenant or occupant, each separate tenant or occupant shall be calculated separately. Example: 185 188 gal/day x 365 days = 67,525 68,620 gal/year = one unit.

IRRIGATION: One equivalent unit of non-potable water used for irrigation shall equal 483 gallons per day of water consumed or fraction thereof. Connection fees set forth in Section K shall be applicable.

Section B – Fixed Service Charges For POTABLE Water

All metered general potable water service users shall pay a fixed service charge based on the size of each connection installed, in addition to the charges for the quantity of water used, if any.

Size of Connection

Fixed Service Charge per Quarter

(A)

Residential:

5/8” or ¾”

1”

Multiple Dwelling

$13.28 per Unit

$26.55 per Unit

$13.28 per Unit

(B)

Residential without electronic radio transmitter:

5/8” or ¾”

1”

Multiple Dwelling

$38.28 per Unit

$45.55 per Unit

$38.28 per Unit

(C)

Commercial

5/8: or ¾”

1”

1 –1/2”

2”

3”

4”

6” and Over

$13.28 per Unit

$26.55 per Unit

$39.80 per Unit

$55.78 per Unit

$94.84 per Unit

$132.76 per Unit

$185.86 per Unit

Section C – Rates for Potable Water Consumed

In addition to the fixed service charge set forth above, a charge will be made for all water used as registered by the meter.

	Gallons per Quarter	Rater per 1,000 Gallons
For the first	10,000	$1.45
For the next	25,000	$2.47
For all over	35,000	$2.76

SECTION D – IRRIGATION CHARGES USING POTABLE WATER

All Ccustomers with a separate meter for irrigation connected to a potable water distribution main or those developments that were approved with other non-potable irrigation sources (private wells, retention ponds and/or other Non-MTUD sources) shall pay a separate fixed service charge based on the size of each connection installed, in addition to the charges for the quantity of potable water used using the rates from SECTION E below, as shown: if any.

	Size of Connection	Fixed Service Charge per Quarter

	5/8” or ¾” 1” 1 –1/2” 2” 3” 4” 6” and Over	$13.28 per Unit $26.55 per Unit $39.80 per Unit $55.78 per Unit $94.84 per Unit $132.76 per Unit $185.86 per Unit

SECTION E - Rates for Townhouses/multi-Family/Apartment buildings/commercial properties using Potable Water used for irrigation with a separate water meter:

In addition to the fixed service charge set forth above, a quarterly charge will be made for all potable water used as registered by the meter.

	Gallons per Quarter	Rater per 1,000 Gallons
For the first	10,000	$1.45 $2.47
For the next	25,000 15,000	$2.47 $2.76
For all over	35,000 25,000	$2.76 $4.15

SECTION F - irrigation charges-non potable water main use

Residential customers with a separate meter for irrigation, connected to a non-potable water main, quarterly charges will be based only on the amount of water actually used. No fixed service charge and no connection fee. A rate of $2.00 per 1,000 gallons will apply.

Commercial customers with a separate meter for irrigation connected to a non-potable distribution main, charges will be based only on the amount of water actually used. A rate of $2.73 per 1,000 gallons will apply.

In the event that any water meter shall become damaged or otherwise inoperable during any billing period, the bill for that billing period shall be based on an estimated use of water.

Section G – Private Fire Protection Service

Annual stand-by water charges for sprinkler systems.

Size of Connection Inches	Annual Charge
Non-residential 2” or smaller*	$170.00
3”	$255.00
4”	$340.00
6”	$675.00
8”	$1,350.00
10”	$2,025.00
12”	$2,675.00

Additional charge for each sprinkler head is $1.00

*non-residential only; there will be no stand-by charge for residential fire

connections 2” and smaller

The annual charge for each hydrant and/or Siamese connection shall be $275.00

No charge shall be made for water used in the extinguishing of fires. Water for any other purpose shall not be drawn from a private fire service connection and will be considered theft of service.

Fire protection shall be provided by separate connection to the Utility Department mains.

Section H – Public Fire Protection Service

The annual charge for each hydrant shall be $275.00

No charge shall be made for water used in the extinguishing of fires.

Section I – Miscellaneous

Turn on and turn off fees

A charge of $75.00 shall be made for each turn-off or turn-on during regular working hours. Any turn-on or turn-of required outside regular working hours shall be charged at $102.50 $105.00 each unless both turn-on and turn-off are scheduled two days in advance no more than one hour apart. A minimum notice of seven (7) days for each turn-off and/or turn-on must be given to the Utility Department. Under no circumstances shall any person not authorized by the Utility Department open or close the curb stops or valves in any Utility Department water line.

Temporary Meters

The Utility Department reserves the right to install temporary meters during construction of any residential or commercial structure. The fee for installation of temporary meters shall be $275.00

Wet tap fees

Where the user requires connection to the water system after construction of mains has been completed and water service is available to the user, then in addition to the connection fee, the applicant shall pay for the cost of construction from the main to the curb, such construction to be performed by the Utility Department and/or an approved contractor. These costs shall be as follows:

When the tap is on the same side of the road as the service:

¾”	$1,500.00
1”	$1,650.00
1-1/2”	$2,650.00
2”	$3,100.00

When the tap is on the opposite side of the road from the service:

¾”	$1,750.00
1”	$1,950.00
1-1/2”	$3,000.00
2”	$3,650.00

The above fees are based on a 4 hours timeframe. If project goes over 4 hours then hourly rate of $223.00 $250.00 is applied. These fees include meter pit and installation costs.

It is the applicant’s responsibility to secure necessary road opening permit, to excavate, backfill and restore the excavated area according to MTUD Rules and Regulations.

Hydrant Meter Rental

The use of water for building purposes, irrigation, or other construction, shall be metered at a hydrant to be determined by the Utility Department. At the time of application, the user shall pay submit a deposit for the meter as follows:

¾” Meter	$500.00
3”	$1,500.00

In addition, there shall be a rental charge for the hydrant meter of $43.60 $50.00 per month or part thereof, payable monthly in advance. Each meter holder, by the 5th day of each month shall return the meter to the Utility Department for them to read. If the meter holder fails to provide a meter by the date specified, then the meter will be confiscated and the deposit will be forfeited. The charge for water usage will be made on the basis of Section C hereof. The application for such water services shall be made by the owner of the property on which said water is to be used. The Utility Department shall have its statutory lien on such property for the collection of said charges.

Tampering, Illegal Connections & Theft of Services

In any case, where an unmetered attachment is made to a hydrant or a water service line is attached to the Monroe Township Utility Department’s water system, or a water meter has been adjusted, damaged, or tampered with, the customer who uses such unmetered water or on whose premises said meter is located, as the case may be, shall be charged a cost recovery charge of $275.00 $500.00, plus the cost of water, which shall be billed as part of his regular billing on the next regular billing date after said adjusting, tampering or damage shall have been discovered.

In addition, aAny person Developer, General Contractor or Plumbing Contractor found tampering or unauthorized use of water by way of using a hydrant or a fitting known as “Jumper”, “Spacer” or “Spreader” shall be billed a recovery charge plus water usage charge to be determined by the Utility Department. Connections or tampering with larger size illegal connections will be in increments of $500.00 for every diameter over ¾ inch (3/4” to 1”, 1” to 1-1/2”, 1-1/2” to 2”, etc….) Payment shall be paid in full prior to the issuance of any additional MTUD permits or continuation of any MTUD permit and the Construction Department of Monroe shall be authorized to issue a stop work order until such payment has been made in full.

Damages caused to water and/or sewer equipment or facilities caused by customers, contractors or developers including water meters, meter pits, meter pit covers, remote readers, or other water or sewer appurtenances will be billed to the responsible party at three (3) times the current replacement cost to cover the labor, administrative and other costs incurred by the Township.

Meter, Removal, Testing & Certification charges

If at the request of the customer, a meter is removed and bench tested and it is found to be accurate (within 1% of 100%) then the customer shall pay the cost of such testing as stated below. A deposit equal to test fee is required before any testing can be done. If the meter meets the utilities’ standards, the deposit is used to cover the cost of testing. No charge if meter tests outside these standards, the deposit is returned to the customer.

Size of Meter	Test Fee
5/8 to 1 inch	$150.00
1 ½	$250.00
2” and up	$350.00

When the Utility Department performs a bacteriological test on new water lines, there shall be a fee of $100.00 $150.00 per test, payable in advance.

8.9.Winterization Fees

MTUD staff shall be the sole operator of utility facilities including: valves, curb stops, meters and other appurtenances.

The Residential winterization work should be done by a licensed plumber bonded with the MTUD. It is the responsibility of the customer/homeowner to protect the meter from freezing during cold and freezing weather.  Fees for repairs due to damage resulting from frozeneezing meters are the responsibility of the customer/homeowner.  There will be a non-refundable fee as follows for weekday business hours turn off (Fall) and turn on (Spring) service by MTUD Staff:

Size (inches)

Fee

Up to 1”

$10.00 $50.00

Up to 2”

$150.00

After hours Operations will incur an additional charge of $125.00 and a work day return trip will be at a fee of $50.00 for each additional trip.

Note: Call MTUD or visit our website for a current list of MTUD qualified (bonded) plumbers.

9.10. Returned Check Fee $20.00

10.11. Access to the premises.

Upon presentation of an official M.T.U.D. identification badge, Utility staff in full uniforms, the authorized MTUD employee shall be granted access to the meter at reasonable hours of the day to inspect the meter and perform other duties as may deem necessary. Any person, who may obstruct or oppose the Utility Department in making such inspection or other work relative to the water service, shall bear the cost of having a meter pit installed. If the cost of the installation remains unpaid, the Utility Department shall have its statutory lien on the property for the collection of said charges.

Section J – Payment

All water fixed service charges are payable quarterly in advance and water usage charges shall be billed in the next quarter.

All charges shall be payable on or before the due date of the bill. Any charges which are not paid by the due date will be charged a penalty of one percent (1%) per month or fraction of a month, back to the billing date. Any partial payment of a bill will be applied first to interest charges, then to the oldest service charges.

If any account which remains unpaid after the due date will be sent a reminder; if any account is still unpaid at thirty (30) calendar days after the due date, a notice will be sent giving fifteen (15) calendar days to make payment or services will be discontinued. If payment is not received within fifteen (15) calendar days water service will be discontinued and a shut off fee of $75.00 will be assessed to the account and an additional $75 turn on fee will be assessed, when all other charges are settled.

All penalties are due and payable within thirty (30) days from the date that the Owner is notified in writing of the violations charged and the penalty to be imposed. In the event the penalty is not paid as required under these rules, then the Utility Department in its discretion may take all actions available to it for the non-payment of sewer charges as provided in N.J.S.A 40A:31-12. For purposes of these regulations, the Owner shall be responsible for the actions of any tenant using the sewer system.

The penalties imposed in this section shall be cumulative to other remedies afforded to the Utility Department by statute, as provided in N.J.S.A. 40A:13-14.

Section K – Potable water Connection Fees and Charges

The initial fees for the right to connect directly or indirectly to the Utility Department’s water system shall include a connection charge or fee as well as fees for application review and inspection of work to be accomplished by the applicant in keeping with the requirements of the Utility Department’s Rules and Regulations. These connection fees, which are one-time initial service charges for the right to connect to the Utility Department’s water system, are calculated in accordance with NJSA 40: 31-11 and are an integral part of this Rate Schedule.

The potable water connection fee for each equivalent unit shall be $3,189.00 $3,304.00 and the irrigation connection fee using potable water with a seperate separate meter shall be $10,000.00 $1,000.00 per equivalent unit. Connection fees for single family homes not part of a real estate development are payable at the option of the applicant in two (2) installments with the initial installation paid prior to the time of the connection and the second payment due within one year. Interest shall accrue and be due to the Utility Department at 1% per month on the unpaid balance. In case the system is under construction but not yet available for connection, connection fees can be paid at the option of the applicant in two (2) installments without interest. In the case of real estate developers, the connection fees for the development shall be payable at the time of final approval.

For a user other than residential with estimated potable water consumption in excess of 188 185 gallons per day and/or 483 gallons per day for non-potable irrigation water, then the connection fee shall be based on the number of units as defined in Section A (2) above. Fractional number of units shall be calculated to the next highest unit.

The Utility Department reserves the right to examine plans for all connections and to specify the connection size required. The gallonage used to determine the size of the connection shall be based on estimated annual water consumption as calculated by the applicant’s engineer and approved by the Utility Department Engineer.

Where a connection to the water system is to be made after construction of mains has been completed and water service is available to the user, then in addition to the connection fee, the applicant shall pay for the cost of construction and inspection from the main to the curb, such construction to be performed by an approved contractor and inspection by the MTUD.

No connection into the Utility Department’s water system shall be made until compliance with the requirements set forth in this Section have been met, and no excavation shall be back-filled until inspection has been completed by the duly designated representative of the Utility Department.

Section L – Filing, Review, and Inspection Fees

Where mains are to be constructed by anyone other than the Utility Department the application shall make application and pay fees for the time of Utility Department personnel on an hourly basis down against the deposit as listed below:

Application for Review of Preliminary Plans:

Minor Subdivision Fee ………………………………. $600.00

Major Subdivision or Major Site Plan-Deposit ……. $1,000.00 minimum

or $ $25.00 per unit whichever is greater.

Application for Tentative Approval:

Review Fee – Deposit ………1-1/2 % of estimated construction cost or $600.00 minimum.

Application for Final Approval:

Review Fee – Deposit ………………………….1-1/2 % of estimated construction cost

Inspection Fee – Deposit ……………………….5% of estimated construction cost

Applications for extensions of approval must be accompanied by a review fee deposit of $600.00. Application for revisions after submittal and initial review must be accompanied by a review fee deposit of $1,000.00.

Any review fees for Preliminary Minor Applications is a flat fee and no portion will be returned to the applicant upon approval by the Utility Department.

The amount charged by the Utility Department for review and/or inspection shall be calculated by the Utility Department’s Auditor on an annual basis after the adoption of the Utility Department’s budget for the upcoming fiscal year, and shall be based on the hourly salary cost to the Utility Department plus the cost of fringe benefits payable to said individual and the cost of the overhead of the Utility Department allocable to that employee.

SECTION M – Rates Charged to Customers Serviced by Other Entities

SECTION N - Reservation, Right To Modify

SECTION 2.All Ordinances or parts of Ordinances inconsistent with the provisions of this Ordinance shall be and the same are hereby repealed.

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

SECTION 4.This Ordinance shall take effect twenty (20) days after passage, adoption and publication according to law.

SO ORDAINED, as aforesaid.

Michele Arminio, 9 Nathaniel St. – Mrs. Arminio asked if this encompasses the fees for construction; Mike Barnes answered that we are required to recalculate fees each year. Mrs. Arminio then asked if we build a new building, such as the Recreation Center for example, does the Township have to pay the hookup fees; Mike Barnes answered that the connection fees are not waived for any Township buildings; Mrs. Arminio clarified if the connection fees come out of that department’s budget; Mayor Tamburro answered yes when the Senior Center was built we paid the connection fees, it is a onetime fee.

As Council Vice-President Schneider and Councilwoman Cohen moved and seconded the adoption, an Ordinance of which the following is the title was passed on Second Reading and Final Adoption: O-3-2017-008ORDINANCE AMENDING CHAPTER 39 OF THE CODE OF THE TOWNSHIP OF MONROE ENTITLED “FEES”. (MTUD and Construction Dept. amendment of fees)

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

Copy of Ordinance Duly Filed.

O-3-2017-008

UPON MOTION made by Councilman Leibowitz and seconded by Council Vice-President

Schneider, an Ordinance of which the following is the title was introduced on first reading for final

passage: O-4-2017-009ORDINANCE TO EXCEED THE MUNICIPAL BUDGET

APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

Copy of Ordinance Duly Filed.

UPON MOTION made by Councilman Leibowitz and seconded by Council Vice-President

Schneider, an Ordinance of which the following is the title was introduced on first reading for final

passage: O-4-2017-010ORDINANCE TO ESTABLISH A GOVERNMENT ENERGY AGGREGATION PROGRAM FOR ELECTRICITY PURSUANT TO P.L. 2003, c. 24 AND N.J.A.C. 14:4-6.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

Copy of Ordinance Duly Filed.

RESOLUTIONS for CONSIDERATION under the CONSENT AGENDA:

R-4-2017-097RESOLUTION AUTHORIZING RELEASE OF CASH PERFORMANCE GUARANTEE FOR W&S 1088 - KRZYSZTOF & ELIZBIETA KOLUDA – BLOCK 147.09, NEW LOT #21.01 & #36.01, PB#1099-11, POSTED WITH THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).

WHEREAS, Krzysztof & Elizbieta Koluda have posted a cash maintenance guarantee with the Monroe Township Utility Department (“M.T.U.D”) for W&S 1088; and

WHEREAS, as defined in N.J.S.A. 40:55D-53 et seq., the M.T.U.D. has inspected the work performed and the work to be completed and has recommended the Monroe Township Council approve the request for release of the cash maintenance guarantee, as detailed in a letter dated February 6, 2017, a copy of which is attached hereto as Exhibit "A"; and

WHEREAS, the Monroe Township Council has reviewed and hereby approves the recommendation of the MTUD Director;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that Maintenance Guarantee posted for W&S 1088 be released as reflected above and within the letter annexed hereto. This approval for release of cash maintenance guarantee is conditioned upon the resolution of any outstanding balances attached to the project escrow accounts; and

BE IT FURTHER RESOLVED that the Monroe Township Utility Department is hereby authorized and directed to forward a certified copy of this Resolution to the developer, and to his attorney, if applicant has been represented by counsel in this matter.

SO RESOLVED, as aforesaid.

R-4-2017-098RESOLUTION AUTHORIZING REDUCTION OF PERFORMANCE GUARANTEE FOR W&S 1103.1, GATEWAY AT MONROE, DEEP SEWER ONLY BA#5096-14 POSTED WITH THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).

WHEREAS, D. R. Horton has posted a Performance Guarantee for Gateway @ Monroe, Deep Sewer (W&S 1103.1); and

WHEREAS, D. R. Horton has requested a 70% reduction in the Performance Guarantee posted for the project; and

WHEREAS, defined in 40:55d-53 et seq., the Monroe Township Utility Department (MTUD) has inspected the work performed and the work to be completed and has recommended that the Township Council approve the request for a 70% reduction in the bond, as detailed in a letter dated March 13, 2017, a copy of which is attached hereto as Exhibit "A":

Performance Bond #21BSBHI5919 in the amount of $931,844.00 to be reduced to $279,553.20.

Cash Performance Guarantee in the amount of $103,539.00 to be reduced to $31,061.70.

WHEREAS, the Township Council has reviewed and hereby approves the MTUD Director's recommendations;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that Cash Performance Guarantees posted for Gateway @ Monroe 1103.1 (deep sewer) be reduced as reflected above and the MTUD letter annexed hereto. This approval for a 70% Reduction is conditioned upon the provision of replacement guarantees and/or riders and the resolution of any outstanding balances attached to project escrow accounts; and

SO RESOLVED, as aforesaid.

R-4-2017-099RESOLUTION AUTHORIZING AND APPROVING CHANGE ORDER NO. 1 SUBMITTED BY KMETZ, INC. FOR CONTRACT 449 “STATE STREET WATER MAIN STREAM CROSSING” FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).

WHEREAS, pursuant to Resolution No. R-7-2016-225, adopted by the Monroe Township Council; at its meeting held on September 7, 2016, Contract 449 was awarded to Kmetz, Inc. for “State Street Water Main Stream Crossing” in the amount of $105,642.30; and

WHEREAS, the Contractor, Kmetz, Inc. has submitted a request for Change Order No. 1 in the amount of $12,450.25, a copy of which is attached hereto as Exhibit “B”; and

WHEREAS, the M.T.U.D.’s consulting engineer Suburban Consulting Engineers, Inc., by a letter dated March 8, 2017 has requested the Township’s Council’s consideration in approving Change Order No. 1 for additional required work, which increases the contract previous contract total by $12,450.25 making the new total contract amount $118,092.55 and extend contract time by 0 calendar days as described in the attached Change Order, a copy of which is attached hereto as Exhibit “C”; and

WHEREAS, the Township Council has found said proposed Change Order #1 to be reasonable; and

WHEREAS, pursuant to N.J.A.C. 5:30-5.4, the township Chief Municipal Finance Officer has certified availability of funds in Certificate No. M-160021, a copy of which is attached hereto as Exhibit “A”; and

NOW, THEREFORE BE IT FURTHER RESOLVED that the Township Council of the Township of Monroe, County of Middlesex, State of New Jersey that the Mayor and Township Clerk are hereby authorized to execute Change Order No. 1 in the total amount of Twelve Thousand Four Hundred Fifty Dollars ($12,450.25);

SO RESOLVED, as aforesaid.

R-4-2017-100RESOLUTION AUTHORIZING THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”) TO PREPARE SPECIFICATIONS AND ADVERTISE FOR RECEIPT OF BIDS FOR VARIOUS GOODS AND SERVICES FOR 2017.

WHEREAS, in the interests of the citizens of the Township of Monroe, County of Middlesex, the Monroe Township Utility Department (“M.T.U.D.”) has a need for the following goods and services for 2017:

Laboratory Analysis and Sampling

Trash and Grit Hauling

Mechanical Maintenance & Repair

Electrical Maintenance & Repair

Generator Maintenance & Repair

Water & Sewer Appurtenances

Water Meters

; and

WHEREAS, pursuant to N.J.S.A. 40a:11-4, every contract or agreement for the performance of any work or furnishing of any materials or supplies, the cost of the contract price wherefore is to be paid with or out of public funds, subject to certain exceptions, shall be made or awarded only by the governing body after public advertising for bids and bidding therefore;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, County of Middlesex, State of New Jersey that the M.T.U.D. Purchasing Manager is hereby authorized to enter into the bidding process for the aforementioned goods and services and may take any action necessary and consistent therewith.

SO RESOLVED, as aforesaid.

R-4-2017-101RESOLUTION AUTHORIZING MODIFICATION #2 OF A CONTRACT TO WESTON & SAMPSON ENGINEERS, PC FOR PROFESSIONAL ENGINEERING SERVICES IN RELATION TO PUMP STATION #2 UPGRADES FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).

WHEREAS, the Monroe Township Utility Department (M.T.U.D.) a need for additional Professional Engineering Services to increase the scope of work in relation to the Pump Station #2 Upgrades; and

WHEREAS, on May 2, 2016 Weston & Sampson Engineers, PC was awarded a fair and open professional service contract for said work in an amount not to exceed $106,060.00; and

WHEREAS, on December 28, 2016 Weston & Sampson Engineers, PC was awarded Modification #1 to their professional service contract for said work in an amount not to exceed $48,200.00; and

WHEREAS, the M.T.U.D. Director has determined that the Task 3 “SCADA at FPS”, Sub Task 3-E “Bid Documents and Services” awarded in the original May 2, 2016 agreement is premature at this time, and has requested Weston & Sampson Engineers, Inc. transfer the $5,500.00 from Task 3-D (reducing the Task 3-D value from $5,500.00 to $0.00) to Task 5 “General On-Call Consulting” of Modification #1(Increasing the Task 5 value from $4,560 to $10,060.00). The net dollar amount of total agreement remains the same at $154,260.00; and

WHEREAS, Weston & Sampson Engineers, PC provided a proposal requesting said transfer of monies as stated above dated March 15, 2017, indicating no net changes to the total contract amount of $154,260.00, a copy of which is attached hereto as Exhibit "B"; and

WHEREAS, the M.T.U.D. Director, by copy of a letter dated March 17, 2017, recommends the Council approve and award this contract modification to Weston & Sampson Engineers, PC, a copy of which is attached hereto as Exhibit "C"; and

WHEREAS, pursuant to N.J.A.C. 5:30-5.4, the Township Chief Finance Officer has certified availability of funds in Certificate No. M-160012 a copy of which is attached hereto as Exhibit "A"; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, County of Middlesex, State of New Jersey as follows:

(1)The Mayor and Township Clerk are hereby authorized to modify and enter into a contract with Weston & Sampson Engineers, PC, for additional Professional Engineering Services, in accordance with their proposal;

(2)The Township Chief Finance Officer is hereby authorized and directed to pay invoices for services rendered by Weston & Sampson Engineers, PC in accordance with the attached proposal;

(3)The contract modification is awarded without competitive bidding through a fair and open RFQ process as a “professional service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by persons authorized by law to practice a recognized profession that is regulated by law;

(4)A notice of this action shall be printed once in the Home News Tribune.

SO RESOLVED, as aforesaid.

R-4-2017-102RESOLUTION AUTHORIZING MODIFICATION #3 TO A CONTRACT AWARDED TO R3M ENGINEERING, INC. FOR ADDITIONAL ENGINEERING SERVICES IN RELATION TO WATER RECLAMATION SYSTEMS STUDIES FOR PS 2 & 6 FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).

WHEREAS, The Monroe Township Utility Department (“M.T.U.D.”) seeks additional Professional General Engineering Services in relation to various wastewater system engineering services; and

WHEREAS, on November 22, 2016, pursuant to the provisions of N.J.S.A. 19:44A-20.5 et seq, after advertisement on the M.T.U.D. website for not less than 10 days, Statements of Qualifications were publicly opened for calendar Year 2017; and

WHEREAS, after review of all the Statement of Qualifications by the review committee, R3M Engineering, Inc. was determined qualified to perform said services; and

WHEREAS, on September 9, 2015 R3M Engineering, Inc. was awarded a professional service contract for said work in an amount of $36,000.00; and

WHEREAS, on June 8, 2016 R3M Engineering, Inc. was awarded modification #1 for additional professional service contract for work related to this project in an amount of $33,200.00; and

WHEREAS, on November 9, 2016 R3M Engineering, Inc. was awarded Modification #2 for additional professional service contract for work related to this project in an amount not to exceed $85,281.00; and

WHEREAS, R3M Engineering, Inc. has provided a proposal dated March 20, 2017 for additional work required for a total amount not to exceed $68,930.00 (Sixty Eighty Thousand Nine Hundred Thirty Dollars), consisting of additional professional engineering services as indicated below:

Task No. 1 – Develop Sampling Program:                        $ 9,370

Task No. 2 – Revisions to PS#3 Reports:                   $ 8,500

Task No. 3 – Ashmall Pump Station Master Plan:           $40,660

Task No. 4 – Limited Geotechnical Investigations:          $10,400

Total for Task Nos. 1 through 4:                                 $68,930

a copy of which is attached hereto as Exhibit “B”; and

WHEREAS, the Director, by copy of memo dated March 21, 2017, has recommended the Council approve the modification #3 to the contact awarded to R3M Engineering, Inc. attached hereto as Exhibit “C”; and

WHEREAS, as per the modification #3 proposal, the fees for said additional services to be performed in the amount not to exceed $68,930.00 will bring the new contract total agreement to $223,411.00; and

WHEREAS, pursuant to N.J.A.C. 5:30-5.4, the Township’s Certified Municipal Finance Officer has certified availability of funds in Certificate No. 150034 , a copy of which is attached hereto as Exhibit “A”,

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, County of Middlesex, State of New Jersey as follows:

The Mayor and Township Clerk are hereby authorized to enter into a contract modification #3 with R3M Engineering, Inc. for additional work, as outlined within the March 20, 2017 proposal;

The Township’s Chief Finance Officer is hereby authorized and directed to pay invoices for additional services rendered by R3M Engineering, Inc. in accordance with the attached proposal;

The contract modification is awarded without competitive bidding through a fair and open RFQ process as a “professional service” in accordance with N.J.S.A. 40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by persons authorized by law to practice a recognized profession that is regulated by law;

A notice of this action shall be printed once in the Home News Tribune.

SO RESOLVED, as aforesaid.

R-4-2017-103RESOLUTION AUTHORIZING REFUND OF CONSTRUCTION PERMIT FEES.

WHEREAS, the Construction Official, by copy of letters dated February 27, 2017, copies of which are attached hereto as Exhibit A, has recommended the Council approve the following construction permit refunds:

Refund to:Reason Amount

Sears Home Imp. Products Inc.Permit # 20170107$105.00

1024 Florida Central ParkwayRequest to void permit/

Longwood, FL 32750Work no longer being performed

ADS Environmental Inc.Permit # 20170193$45.00

160 Broad StreetRequest to void permit/

Phillipsburg, N.J. 08865Work no longer being performed

Solar City CorporationPermit # 20160980$438.00

9 Corporate DriveRequest to void permit/

Cranbury, N.J. 08512Work no longer being performed

WHEREAS, Council has reviewed the recommendations of the Construction Official and finds the request for the above refunds to be reasonable;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey that the request is hereby authorized and that a refund be made to Sears Home Imp. Products Inc. in the amount of $105.00, ADS Environmental Inc. in the amount of $45.00 and Solar City Corporation in the amount of $438.00;

SO RESOLVED, as aforesaid.

R-4-2017-104RESOLUTION AUTHORIZING REDUCTION OF PERFORMANCE GUARANTEE POSTED FOR PAUL & BETH PICONE (BA-5100-15).

WHEREAS, Paul & Beth Picone posted Performance Guarantees in the amount of $424,509.61 for Block 39, Lot 13 project (BA-5100-15); and

WHEREAS, in correspondence Paul & Beth Picone have requested a reduction in Performance Guarantees posted; and

WHEREAS, pursuant to Section 108-13.1 F and G of the Code of the Township of Monroe, the Township Engineer has inspected the work performed and the work to be completed and has recommended the Township Council approve the reduction of the Performance Guarantees, as detailed in his letter dated February 27, 2017, a copy of which is attached hereto as Exhibit A:

Bond PortionCash Portion

Current$ 382,058.65 $ 42,450.96

Reduce to $ 133,487.64 $ 14,831.96

; and

WHEREAS, the Township Council has reviewed and hereby approves the recommendations of the Township Engineer;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey that Performance Guarantees posted for Paul & Beth Picone be reduced, as reflected in the Township Engineer’s letter annexed hereto. This approval for reduction of Performance Guarantees is conditioned upon the provision of replacement guarantees and the resolution of any outstanding balances attached to project escrow accounts; and

BE IT FURTHER RESOLVED that the Township Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the developer, and to his attorney, if the applicant has been represented by counsel in this matter.

SO RESOLVED, as aforesaid.

R-4-2017-105RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE AND ESTABLISHING MAINTENANCE GUARANTEE FOR CLEARBROOK COMMONS (PB-914-04).

WHEREAS, Section 108-13.9 of the Code of the Township of Monroe requires the Developer to furnish a two (2) year maintenance guarantee in an amount equal to fifteen percent (15%) of the original performance guarantee upon release of the performance guarantees by the Township Council upon the Township Engineer’s written recommendation; and

WHEREAS, DTAK MONROE, LLC., has posted Performance Guarantees in the amount of $1,467,028.98; and

WHEREAS, a request has been made to release the performance guarantees for Clearbrook Commons PB-914-04; and

WHEREAS, the Township Engineer’s office, by copy of letter dated February 28, 2017, recommends release of the projects Performance Guarantees;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, County of Middlesex, State of New Jersey that release of the project performance guarantees shall be conditioned upon resolution of all outstanding escrow balances associated with the administration of this project by Township officials, as well as the posting of maintenance guarantees for 15% of the project total ($1,222,524.15), or $183,378.62. Such maintenance guarantee shall run for a period of not less than two years from the date of memorialization of such action by the Council;

BE IT FURTHER RESOLVED, in accordance with the Monroe Township Code, the developer shall maintain funds in the engineering inspection escrow account in the amount of fifty percent (50%) of the original deposit”. In lieu of this, the Township Engineer’s Office recommends the developer post one thousand dollars ($1,000.00) at this time, into the existing engineering escrow account, which is more than reasonable. Performance guarantees should not be released until the escrow account is brought up to date, as noted.

R-4-2017-106RESOLUTION PROVIDING ADVICE AND CONSENT TO THE APPOINTMENT OF MEMBERS TO THE AFFORDABLE HOUSING BOARD.

WHEREAS, the Honorable Gerald W. Tamburro, Mayor of the Township of Monroe, has appointed Councilman Stephen Dalina to serve as Chairperson on the AFFORDABLE HOUSING BOARD for the unexpired two (2) year term of Leslie Koppel commencing immediately and expiring on December 31, 2017; and

WHEREAS, the Honorable Gerald W. Tamburro, Mayor of the Township of Monroe, has appointed Joseph Delaney to serve as Member on the AFFORDABLE HOUSING BOARD fulfilling the unexpired two (2) year term of Miriam Cohen commencing immediately and expiring on December 31, 2018; and

WHEREAS, the Honorable Gerald W. Tamburro, Mayor of the Township of Monroe, has appointed Richard Lans to serve as Alternate I and Hemant Patel to serve as Alternate II on the AFFORDABLE HOUSING BOARD expiring on December 31, 2017; and

WHEREAS, the Administrative Code of the Township of Monroe requires the Advice and Consent of the Council for such appointments;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe in the County of Middlesex, State of New Jersey that the Council hereby provides its Advice and Consent and confirms the appointments of Councilman Stephen Dalina as Chairperson on the AFFORDABLE HOUSING BOARD for an unexpired two (2) year term commencing immediately and expiring on December 31, 2017, Joseph Delaney as a Member on the AFFORDABLE HOUSING BOARD for an unexpired two (2) year term commencing immediately and expiring on December 31, 2018, Richard Lans as an Alternate I on the AFFORDABLE HOUSING BOARD for an unexpired two (2) year term commencing immediately and expiring on December 31, 2017 and Hemant Patel as an Alternate II on the AFFORDABLE HOUSING BOARD for an unexpired two (2) year term commencing immediately and expiring on December 31, 2017.

R-4-2017-107RESOLUTION AUTHORIZING REDUCTION OF A PERFORMANCE GUARANTEE POSTED FOR MONROE CHASE (BA-5041-11).

WHEREAS, Monroe Chase posted Performance Guarantees in the amount of $8,305,500.42 for project BA-5041-11; and

WHEREAS, in correspondence Michael Calavano of Toll Brothers, Inc. has requested a reduction in Performance Guarantees posted for Monroe Chase; and

WHEREAS, pursuant to Section 108-13.1 F and G of the Code of the Township of Monroe, the Township Engineer has inspected the work performed and the work to be completed and has recommended the Township Council approve the third reduction of the Performance Guarantees, as detailed in his letter dated March 8, 2017, a copy of which is attached hereto as Exhibit A:

Bond PortionCash Portion

Current$ 2,618,203.36$ 290,911.48

Reduce to$ 2,242,485.12 $ 249,165.01

; and

WHEREAS, the Township Council has reviewed and hereby approves the recommendations of the Township Engineer;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey that Performance Guarantees posted for Monroe Chase BA-5041-11 be reduced, as reflected in the Township Engineer’s letter annexed hereto. This approval for reduction of Performance Guarantees is conditioned upon the provision of replacement guarantees and the resolution of any outstanding balances attached to project escrow accounts; and

SO RESOLVED, as aforesaid.

R-4-2017-108RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE GUARANTEE AND ESTABLISHING MAINTENANCE GUARANTEE FOR STONEBRIDGE AT GREENBRIAR, PHASE 1, SECTION 2 (PB-906-04).

WHEREAS, Lori Gardens Associates II, LLC posted Performance Guarantees in the amount of $922,402.32 for Stonebridge at Greenbriar, Phase 1, Section 2 (PB-906-04); and

WHEREAS, Resolution No. R-12-2013-299, authorized the release of the performance guarantees posted for Stonebridge at Greenbriar, Phase 1, Section 2 under the condition that $19,940.00 of the cash bond be held in escrow until the completion of the items outlined in the estimate for Lots 13.01 thru 13.08 dated November 12, 2013; and

WHEREAS, James Harrington Jr. of Lennar has requested release of the remaining performance guarantees posted for Stonebridge at Greenbriar, Phase 1, Section 2 (PB-906-04); and

WHEREAS, pursuant to Section 108-13.1 F and G of the Code of the Township of Monroe, the Township Engineer has inspected the site improvements completed for the referenced project and has recommended, by copy of letter dated March 10, 2016, release of the project’s Performance Guarantees.

WHEREAS, the Township Council has reviewed and hereby approves the recommendations of the Township Engineer;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that upon resolution of all outstanding escrow balances associated with administration of this project by the Township officials, as well as the posting of a Maintenance Guarantee for 15% of the original performance guarantees ($19,940.00), or $2,991.00. Such Maintenance Guarantees shall run for a period of not less than two years from the date of memorialization of such action by Council;

BE IT FURTHER RESOLVED, in accordance with the Monroe Code, “the developer shall maintain funds in the engineering escrow account in the amount of fifty percent (50%) of the original deposit”. However, the Township Engineer feels the funds currently being held in escrow with the township will be sufficient.

SO RESOLVED, as aforesaid.

R-4-2017-109RESOLUTION AUTHORIZING AWARD OF BID TO BAYHEAD INVESTMENTS INC. D/B/A VCI FOR MONROE TOWNSHIP AMBULANCE PURCHASE.

WHEREAS, on March 16, 2017, one (1) sealed bid was received by Monroe Township in regard to the 2017 Ambulance Purchase; and

WHEREAS, the Monroe Township Business Administrator, by letter dated March 17, 2017, a copy of which is attached hereto, recommended that the contract be awarded to Bay Head Investments, Inc. (d/b/a VCI), 43 Jefferson Avenue, Berlin, N.J. 08009 on their bid submitted in the amount of $243,174.00; and

WHEREAS, the Township Council has reviewed the recommendations made by the Business Administrator regarding said bid; and

WHEREAS, the Certified Municipal Finance Officer has determined that sufficient funds are available, as set forth in Certificate No. 1700023, a copy of which is attached hereto as Exhibit "A"; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, County of Middlesex, State of New Jersey that it has rendered its advice and hereby consents to the award of a contract for the 2017 Ambulance Purchase at a total contract price of $243,174.00; and

BE IT FURTHER RESOLVED that the Mayor and Township Clerk are hereby authorized and directed to execute a contract with Bay Head Investments, Inc.; and

BE IT FURTHER RESOLVED that the Township Finance Department is hereby authorized and directed to pay Bay Head Investments, Inc., in accordance with the contract entered between the parties; and

BE IT FURTHER RESOLVED that the contract is awarded with the stipulation that Bay Head Investments, Inc shall provide proof of renewal of vendor’s Motor Vehicle Dealer license which expires at the end of the month and shall comply with Affirmative Action Regulations, including revising their contracts as necessary to add mandatory affirmative action language, and submitting either a letter of federal approval or a certificate of employee information report, or a completed form AA302 at the time the signed contracts are returned to the Township of Monroe, or seven (7) days thereafter, or risk being declared non-responsive and forfeiting the award.

SO RESOLVED, as aforesaid.

R-4-2017-110RESOLUTION PROVIDING THAT THE 2017 MUNICIPAL BUDGET BE READ BY TITLE AT THE TIME OF THE PUBLIC HEARING.

WHEREAS, N.J.S.A. 40A:4-8 provides that the budget be read by “Title Only” at the time of the Public Hearing if a Resolution is passed by not less than a majority of the full governing body, providing that at least one (1) week prior to the date of Hearing, a complete copy of the approved budget, as advertised, has been posted in the Municipal Building and copies have been made available by the Township Clerk to persons requesting them; and

WHEREAS, these two conditions have been met;

NOW, THEREFORE, BE IT RESOLVED that the 2017 Municipal Budget shall be read by “Title Only” at the Public Hearing scheduled for May 1, 2017.

SO RESOLVED, as aforesaid.

R-4-2017-111RESOLUTION INTRODUCING THE 2017 MUNICIPAL BUDGET.

Section 1.

Municipal Budget of the TOWNSHIP of MONROE , County of MIDDLESEX for Fiscal Year 2017.

BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the Year 2017;

BE IT FURTHER RESOLVED that said Budget be published in the HOME NEWS TRIBUNE in the issue of APRIL 17, 2017.

The Governing Body of the TOWNSHIP of MONROE does hereby approve the following as the Budget for the Year 2017;

Notice is hereby given that the Budget and Tax Resolution was approved by the TOWNSHIP COUNCIL of the TOWNSHIP of MONROE , County of MIDDLESEX, on APRIL 3, 2017.

A Hearing on the Budget and Tax Resolution will be held at the MONROE TOWNSHIP MUNICIPAL COMPLEX, 1 MUNICIPAL PLAZA , on MAY 1, 2017 at 7:00 P.M. at which time and place objections to said Budget and Tax Resolution for the year 2017 may be presented by taxpayers or other interested persons.

R-4-2017-112RESOLUTION AUTHORIZING THE TOWNSHIP BUSINESS ADMINISTRATOR TO PREPARE SPECIFICATIONS AND ADVERTISE FOR COMPETITIVE CONTRACT PROPOSALS FOR THE CONCESSION OF THE TOWNSHIP PUBLICATION – MONROE NEWS AND VENDING MACHINE CONCESSIONS WITHIN THE MONROE TOWNSHIP MUNICIPAL BUILDINGS.

WHEREAS, in the interest of the citizens and employees of the Township of Monroe, County of Middlesex, the Township has a need for concession proposals for its’ Township Publication – Monroe News and Vending Machine Concessions within the Monroe Township Municipal Buildings; and

WHEREAS, pursuant to N.J.S.A. 40A:11-4.1, every contract or agreement for the performance of any work or the furnishing of any materials or supplies, the cost of the contract price wherefore is to be paid with or out of public funds, subject to certain exceptions, shall be made or awarded only by the governing body after public advertising for bids and bidding therefore;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, County of Middlesex, and State of New Jersey that the Monroe Township Business Administrator is hereby authorized to enter into the contracting process for the aforementioned goods and services and may take any action necessary and consistent therewith.

SO RESOLVED, as aforesaid.

R-4-2017-113RESOLUTION AUTHORIZING CANCELLATION OF TAX SALE CERTIFICATE.

WHEREAS, the Township of Monroe is the holder of various Tax Sale Certificates covering certain Blocks and Lots in the Township of Monroe; and

WHEREAS, redemption has been made to the following Tax Title Lien #16-00058 for that property known as Block 53 Lot 12.4 assessed to Ethel Morrissey; and

WHEREAS, the Tax Collector has requested that the aforesaid Tax Sale Certificate now be cancelled of record;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe in the County of Middlesex and State of New Jersey that the Mayor and Clerk are hereby authorized to execute the authorization for cancellation of record for the above Tax Sale Certificate: Tax Title Lien #16-00058 assessed to Ethel Morrissey.

SO RESOLVED, as aforesaid.

R-4-2017-114RESOLUTION REFUNDING THIRD PARTY TAX LIEN PREMIUM PAYMENTS.

WHEREAS, Premiums have been paid for various properties for the purchase of Tax Lien Certificates for properties listed on the Tax Map of the Township of Monroe, in the amount of Fifty-four thousand eight hundred dollars and no cents ($54,800.00); and

WHEREAS, pursuant to N.J.S.A. 54: 5-33 said premiums must be returned to the purchasers upon redemption; and

WHEREAS, The Tax Lien Certificates as outlined on Schedule A have been redeemed.

NOW, THEREFORE, BE IT RESOLVED by the Township of Monroe in the County of Middlesex in the State of New Jersey that the Township’s Certified Municipal Financial Officer is hereby authorized and directed to draw a check from the Township’s Trust Account in the amount listed on Schedule A and forward same to the Tax Collector for distribution to the purchasers.

SO RESOLVED, as aforesaid.

R-4-2017-115RESOLUTION AUTHORIZING THE RELEASE OF THE REHABILITATED AFFORDABLE HOUSING AGREEMENT AND LIEN ON 280 MATCHAPONIX AVENUE.

WHEREAS, on October 13, 2004, Anna B. Kilian (“Kilian”) entered into a Rehabilitated Affordable Housing Agreement with the Township of Monroe restricting Kilian from selling or conveying title to the property for a period of six years pursuant to Monroe Ordinance 131-8 and N.J.S.A. 52:27D-301 et seq, said Agreement having been recorded with the Middlesex County Clerk on May 16, 2006, in Mortgage Book 11550 on Page 0138 (the “First Affordable Housing Lien”); and

WHEREAS, on December 14, 2004, Kilian entered into a second Rehabilitated Affordable Housing Agreement with the Township of Monroe restricting Kilian from selling or conveying title to the property for a period of six years pursuant to Monroe Ordinance 131-8 and N.J.S.A. 52:27D-301 et seq, said Agreement having been recorded with the Middlesex County Clerk on May 18, 2006, in Mortgage Book 11557 on Page 0504 (the “Second Affordable Housing Lien”); and

WHEREAS, the First Affordable Housing Lien and the Second Affordable Housing Lien state that “the terms, restrictions and covenants of this Agreement shall automatically expire six (6) years from the date that the housing rehabilitation work was completed”; and

WHEREAS, the Monroe Township Affordable Housing Board advises of the successful completion of the First Affordable Housing Lien on November 8, 2010 and has consented to the termination of the First Affordable Housing Lien annexed hereto as Exhibit “A”; and

WHEREAS, the Monroe Township Affordable Housing Board advises of the successful completion of the Second Affordable Housing Lien on May 2, 2012 and has consented to the termination of the Second Affordable Housing Lien annexed hereto as Exhibit “A”; and

NOW, THEREFORE, BE IT RESOLVED that the First and Second Affordable Housing Liens held by Anna B. Kilian are hereby satisfied and the Mayor and Township Clerk are hereby authorized and directed to execute the Release of Rehabilitated Affordable Housing Agreements, annexed hereto as Exhibits “B” and “C”.

SO RESOLVED, as aforesaid.

R-4-2017-116RESOLUTION REFUNDING TAX OVERPAYMENTS.

WHEREAS, the Tax Collector for the Township of Monroe has recommended this

Council’s approval to make refunds for tax overpayments in the amount of Five Thousand three hundred three dollars and eighty-two cents ($5,303.82) for the amounts described on Schedule A and attached hereto;

WHEREAS, good cause has been shown

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township

of Monroe in the County of Middlesex and State of New Jersey that the Township’s Certified

Municipal Finance Officer be and is hereby directed to draw a check from the General Account

refunding the Tax overpayments described above to be distributed as set forth on the attached

Schedule A:

SO RESOLVED, as aforesaid.

R-4-2017-117RESOLUTION AUTHORIZING THE BUSINESS ADMINISTRATOR TO PREPARE AND ADVERTISE REQUEST FOR QUALIFICATIONS (“RFQ’s”) FOR PROFESSIONAL MANAGEMENT AND SUPPORT SERVICES FOR THE MONROE TOWNSHIP UTILITY DEPARTMENT (“M.T.U.D.”).

WHEREAS, there currently exists a need for Professional Management and Support Services within the Monroe Township Utility Department (“M.T.U.D.”); and

WHEREAS, the selection of qualified firms and/or individuals are not subject to the bidding provisions of Local Public Contracts Law N.J.S.A. 40A:11-1 et seq., however, the selection will be made in accordance with N.J.S.A. 19:44A-20.5 et seq. of the New Jersey Local Unit “Pay-to-Play” Law;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that the Monroe Township Business Administrator is hereby authorized to prepare qualifications and advertise RFQ’s for professional management and support services for the M.T.U.D. and may take any action necessary and consistent therewith.

SO RESOLVED, as aforesaid.

R-4-2017-118RESOLUTION AUTHORIZING ASSIGNMENT OF TOWNSHIP TAX LIEN NO. 93-15 (BLOCK 21.6, LOTS 1, 2-16, 31-38) TO ALFREDO BARRETO.

Council President Dalina explained that R-4-2017-118 was being removed from the

agenda as the property owner had come in earlier in the day and redeemed the lien.

R-4-2017-119RESOLUTION AUTHORIZING MODIFICATION TO A PROFESSIONAL SERVICE CONTRACT WITH CENTER STATE ENGINEERING FOR ENGINEERING SERVICES RELATED TO THE SUBDIVISION – BLOCK 52, LOT 1.01 & 2.03 PROJECT.

WHEREAS, pursuant to Resolution No. R-9-2016-332, adopted by the Monroe Township Council at its meeting held on September 7, 2016, Authorizing a Professional Service Contract with Center State Engineering for Professional Engineering Services and Surveying Services in connection with the Subdivision of Block 52, Lots 1.01 & 2.03 Capital Project; and

WHEREAS, said contract for engineering services for the Professional Engineering Services and Surveying Services in connection with the Subdivision of Block 52, Lots 1.01 & 2.03 Capital Project was in the original amount of $11,500.00; and

WHEREAS, Center State Engineering has requested approval of a modification to the original contract in the amount of $13,000.00 to provide for additional work on this project, as indicated in a letter dated March 13, 2017 as attached hereto and made a part of; and

WHEREAS, the Township Council has reviewed the request and has found same to be reasonable; and

WHEREAS, the Certified Municipal Finance Officer has certified the availability of funds in Certificate No. C-160054, a copy of which is attached hereto;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, County of Middlesex, State of New Jersey authorization is hereby given to modify said contract in the amount of Thirteen Thousand Dollars ($13,000.00);

SO RESOLVED, as aforesaid.

R-4-2017-120RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE GUARANTEES POSTED BY LEWIS-GRAHAM, INC. FOR THE DEY FARM RESTORATION PROJECT UPON THE POSTING OF A MAINTENANCE GUARANTEE.

WHEREAS, Lewis-Graham, Inc. has posted Performance Guarantees for the Dey Farm Restoration Project; and

WHEREAS, Lewis-Graham, Inc. has requested a release of the Performance Guarantees posted for this project; and

WHEREAS, pursuant to Section 108-13.1 F and G of the Code of the Township of Monroe, the Township Engineer, by copy of letter dated February 28, 2017, has recommended, release of the Performance Guarantees; and

WHEREAS, the Township Council has reviewed and hereby approves the recommendations of the Township Engineer;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey that the Performance Guarantees posted for the Dey Farm Restoration Project, be released as reflected in the Township Engineer’s letter dated February 28, 2017, attached hereto. This approval for release of the Performance Guarantees is conditioned upon the posting of maintenance guarantee in the amount of $143,136.24. Such maintenance guarantee shall run for a period of not less than two years from the date of memorialization of such action by the Council.

SO RESOLVED, as aforesaid.

R-4-2017-121RESOLUTION DESIGNATING DEPUTY RECORD CUSTODIANS FOR OPEN PUBLIC RECORDS ACT “OPRA” COMPLIANCE.

WHEREAS, the Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., provides public access to government records, and

WHEREAS, in accordance with N.J.S.A. 47:1A-1.1 the Municipal Clerk is designated as the Records Custodian of the Municipality: and

WHEREAS, “OPRA” permits the Municipality to develop reasonable and practical measures to respond to OPRA requests under the law in a prompt and expeditious manner, which include the designation of Deputy Records Custodians; and

WHEREAS, the Township Council has determined that it is in the best interest of the Township and the public to designate the Township Records Management Coordinator as the Deputy Records Custodian within the Clerk’s Office; and

WHEREAS, the Township Council has determined that it is in the best interest of the Township and the public to designate the following Department Heads as Deputy Record Custodians for all records within their specific Departments:

Business Administrator

Chief of Police

Director of the Utility Department

Director of Construction Department

Director of the Planning and Environmental Protection Department

Chief Financial Officer

Township Engineer

Director of Law

Human Resources Manager

Tax Collector

Tax Assessor

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Monroe, in the County of Middlesex, State of New Jersey, that all Deputy Custodians of Records shall comply with all provisions set forth in the Open Public Records Act (“OPRA”), as amended, and shall do so in a timely manner.

SO RESOLVED, as aforesaid.

R-4-2017-123RESOLUTION AUTHORIZING THE APPROVAL OF SETTLEMENT OF LITIGATION CLAIM IN WELLS FARGO BANK, N.A. v. ROBERT STYLES, et al.

WHEREAS, on or about September 6, 2016, the law firm of Milstead & Associates, LLC, attorneys for Plaintiff Wells Fargo Bank, N. A., filed a foreclosure action against Robert F. Styles and his wife in Wells Fargo Bank N.A. v. Robert F. Styles, et al., Docket. No. F-024381-16, alleging their default on a first purchase money mortgage; and

WHEREAS, the physical address of the mortgaged premises is 1030 Morning Glory Drive, Monroe, NJ 08831-5344, known and designated as Lot 65.1, Block 1.14 Qualifier C1030 on the Tax Map of Monroe Township; and

WHEREAS, the mortgaged premises are also subject to Affordable Housing Restrictions and a Repayment Mortgage held by Monroe Township, recorded in Middlesex County on August 6, 2008 in Book 13090, Page 839; and

WHEREAS, Shain, Schaffer & Rafanello, P.C., has acted as Counsel for the Township of Monroe in the litigation to protect the Repayment Mortgage held by Monroe Township under its Affordable Housing Plan; and

WHEREAS, the Monroe Township Affordable Housing Repayment Mortgage is subordinate only to a purchase money mortgage under N.J.A.C. 5:93-9.3(f); and

WHEREAS, Wells Fargo agrees that the Monroe Township Repayment Mortgage is subordinate only to the Purchase Money Mortgage held by Wells Fargo Bank, N.A. in this matter, pursuant to N.J.A.C. 5:93-9.3 (f), and any transfer or transaction of the subject premises shall be made consistent with the Monroe Township Affordable Housing Plan; and

WHEREAS, Shain, Schaffer & Rafanello, P.C., acting as attorneys for Monroe Township recommend that Monroe Township approve settlement in this matter by way of a Consent Order attached hereto, which states in part that the Parties acknowledge that the Affordable Housing Deed and Repayment Mortgage recorded in Middlesex County on August 6, 2008, in Book 13090, Page 839 is subordinate only to a Purchase Money Mortgage, in this matter held by Wells Fargo Bank, N.A. recorded in Middlesex County on August 6, 2008, in Book 13090, Page 820, pursuant to N.J.A.C. 5:93-9.3 (f); and

WHEREAS, the Monroe Township Affordable Housing Plan Administrative Agent has reviewed the recommendation of Shain, Schaffer & Rafanello, P.C., and deems the settlement reasonable and in the best interests of the citizens of the Township of Monroe; and

WHEREAS, in the event of a Sheriff’s sale, the sale shall be subject to the affordable housing restrictions that appear of record against this property in the Deed, and a new Repayment Mortgage shall be issued and recorded upon such sale consistent with the Monroe Township Affordable Housing Plan, which shall remain of record against the property following the Sheriff’s sale; and

WHEREAS, should this matter proceed to a Sheriff’s sale, at the Sheriff’s sale, the Sheriff will announce that this sale is subject to affordable housing restrictions and shall not be sold for more than the then-maximum re-sale price, to a qualified low income purchaser (who must be qualified as such by the Township of Monroe’s affordable housing Administrative Agent prior to bidding); if no such person is qualified, then to any lienholders on the property for not more than the then maximum re-sale price; and

WHEREAS, Wells Fargo Bank, N.A. and the Township of Monroe agree that the Monroe Township Affordable Housing Repayment Mortgage is subordinate only to a Purchase Money Mortgage pursuant to N.J.A.C. 5:93-9.3 (f), and that a new Repayment Mortgage shall issue upon any transfer of the subject premises, consistent with the Monroe Township Affordable Housing Plan; and

NOW, THEREFORE, BE IT RESOLVED by the Monroe Township Council, that it hereby approves the settlement reached between the parties; to wit, that the Monroe Township Affordable Housing Repayment Mortgage recorded in Middlesex County on August 6, 2008 in Book 13090, Page 839 covering the premises located at 1030 Morning Glory Drive, Monroe, NJ 08831-5344, known and designated as Lot 65.1 in Block 1.14 Qualifier C1030 on the Tax Map of Monroe Township is subordinate only to a Purchase Money Mortgage in this matter held by Wells Fargo Bank, N.A. recorded in Middlesex County on August 6, 2008 in Book 13090, Page 820, pursuant to N.J.A.C. 5:93-9.3 (f) and that the affordable housing restrictions that appear of record against this property following the entry of a final Order in foreclosure and any subsequent Sheriff’s sale shall remain; and

BE IT FURTHER RESOLVED that should the foreclosure matter proceed to a Sheriff’s sale, the sale is subject to affordable housing restrictions and shall not be sold for more than the then-maximum resale price, to a qualified low income purchaser (who must be qualified as such by the Township of Monroe’s affordable housing Administrative Agent prior to bidding); if no such person is qualified, then to any lienholders on the property for not more than the then maximum resale price; and

BE IT FURTHER RESOLVED that the Monroe Township Affordable Housing Repayment Mortgage is subordinate only to a Purchase Money Mortgage pursuant to N.J.A.C. 5:93-9.3 (f), and that a new Repayment Mortgage shall issue upon any transfer involving the subject premises, consistent with the Monroe Township Affordable Housing Plan; and

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Mayor, Township Clerk, and Township Attorney, and that the original be kept on file by the Administrative Agent of the Monroe Township Affordable Housing Plan.

SO RESOLVED, as aforesaid.

R-4-2017-124 RESOLUTION AUTHORIZING RELEASE OF THE LETTER

OF CREDIT POSTED FOR ROAD OPENING PERMIT NO. 14-24.

WHEREAS, The Gardens at Monroe Healthcare and Rehabilitation Center, LLC posted a letter of credit in the amount of $16,219.44 in connection with the issuance of Road Opening Permit No. 14-24 for the opening of the road in the area of 189 Applegarth Road; and

WHEREAS, the Township Engineer’s office, in response to a request for release of the letter of credit, has inspected the site improvements completed for the referenced project; and

WHEREAS, the Township Engineer, by copy of letter dated February 27, 2017, has recommended the release of the letter of credit;

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that the Township Clerk be and is hereby authorized to release to The Gardens at Monroe Healthcare and Rehabilitation Center, LLC, the letter of credit posted for Road Opening Permit No. 14-24 – 189 Applegarth Road in the amount of $16,219.44.

R-4-2017-125RESOLUTION AMENDING RESOLUTION NO. R-2-2017-059 AUTHORIZING THE PURCHASE OF VEHICLES FOR THE MONROE TOWNSHIP DEPARTMENT OF PUBLIC WORKS UNDER THE STATE OF NEW JERSEY COOPERATIVE PURCHASING PROGRAM.

WHEREAS, a revision was made to the purchase of the 2017 Ford F-250 XL SRW 4WD due to incorrect pricing on the State Price List for Vehicle Options, correct pricing below; and

WHEREAS, the Township of Monroe, in the County of Middlesex, wishes to purchase one (1) Vehicle from Beyer Ford under NJ State Contract No. A83013 for the Monroe Township Department of Public Works as hereinbelow set forth:

NJ State Contract #A83013

(1) 2017 Ford Explorer Base 4-Door, 4WD $24,708.00

TOTAL COST$24,708.00

; and

WHEREAS, Beyer Ford is an authorized vendor under the State of New Jersey Cooperative Purchasing Program; and

WHEREAS, the purchase of goods and services by local contracting units is authorized by Local Public Contracts Law, N.J.S.A. 40A:11-12; and

WHEREAS, Beyer Ford, 170 Ridgedale Road, Moorestown, NJ 07962 has been awarded New Jersey State Contract, No. A83013 in connection with the above referenced vehicle; and

WHEREAS, the Chief Financial Officer has determined that sufficient funds are available, as set forth in Certificate No. C-1700013, a copy of which is attached hereto as Exhibit "A"; and

WHEREAS, the Township of Monroe, in the County of Middlesex, wishes to purchase one (1) Vehicle from Beyer Ford under NJ State Contract No. A88727 for the Monroe Township Department of Public Works as hereinbelow set forth:

NJ State Contract #A88727

(1) 2017 Ford F-250 XL SRW 4WD $33,445.00

TOTAL COST$33,445.00

; and

WHEREAS, Beyer Ford is an authorized vendor under the State of New Jersey Cooperative Purchasing Program; and

WHEREAS, the purchase of goods and services by local contracting units is authorized by Local Public Contracts Law, N.J.S.A. 40A:11-12; and

WHEREAS, Beyer Ford, 170 Ridgedale Road, Moorestown, NJ 07962 has been awarded New Jersey State Contract, No. A88727 in connection with the above referenced vehicle; and

WHEREAS, the Chief Financial Officer has determined that sufficient funds are available, as set forth in Certificate No. C-1700014, a copy of which is attached hereto as Exhibit "B"; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe that Beyer Ford, 170 Ridgedale Road, Moorestown, NJ 07962 is hereby awarded a contract for the purchase of one (1) 2017 Ford Explorer Base 4-Door, 4WD for a total contract price of $24,708.00;

BE IT FURTHER RESOLVED, that Beyer Ford, 170 Ridgedale Road, Moorestown, NJ 07962, is also hereby awarded a contract for the purchase of (1) 2017 Ford F-250 XL SRW 4WD for a total contract price of $33,445.00;

SO RESOLVED, as aforesaid.

R-4-2017-126RESOLUTION AUTHORIZING RELEASE OF A MAINTENANCE GUARANTEE POSTED FOR GUMP INDUSTRIES/ROBERT YOUNG (PB-1096-11).

WHEREAS, Gump Industries has posted Maintenance Guarantees with Monroe Township for Block 102, Lot 14 project; and

WHEREAS, the maintenance guarantees have expired and Robert Downey, has requested the release of the maintenance guarantee posted; and

WHEREAS, as defined in N.J.S.A. 40:55D-53 et seq., Township Engineer has inspected the installed site improvements and has recommended that the Township Council approve the request for release of maintenance guarantees and escrow accounts, as detailed in a letter dated March 7, 2017, a copy of which is attached hereto as Exhibit "A"; and

WHEREAS, the Township Council has reviewed and hereby approves the recommendations of the Township Engineer;

NOW THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, in the County of Middlesex and State of New Jersey that the Maintenance Guarantees posted for Block 102, Lot 14 be released as reflected above and in the Township Engineers letter annexed hereto.

SO RESOLVED, as aforesaid.

R-4-2017-127RESOLUTION AUTHORIZING THE PAYMENT OF ADDITIONAL FEES TO SHAIN, SCHAFFER & RAFANELLO, P.C. TO HANDLE MATTERS RELATED TO THE CASE OF TOWNSHIP OF MONROE v. BLACK ROCK ENTEPRISES, LLC ET AL. AS EXTRAORDINARY LITIGATION. (Additional $6,500.00)

WHEREAS, Shain, Schaffer & Rafanello, P.C. has acted as the attorneys for the Township of Monroe in a case entitled Township of Monroe v. Black Rock Enterprises, LLC et al in connection with claims against Black Rock Enterprises, LLC, Greek’s Corporation, Serg Construction, LLC and the Board of Commissioners of Fire District No. 1 in Monroe Township, related to the illegal dumping of solid waste in the form of asphalt millings on properties within the Township; and

WHEREAS, the Township Council, by Resolution No. R-7-2016-258, acknowledged the status of “extraordinary litigation” and provided its advice and consent to the legal services of Shain, Schaffer & Rafanello, P.C. for the defense of the Township of Monroe in this matter pending further authorization of the Township Council; and

WHEREAS, Shain, Schaffer & Rafanello, P.C. has incurred legal fees in excess of the budgeted amounts and has requested authorization in the additional amount of $6,500.00; and

WHEREAS, the Township Council has reviewed the request and believes that an additional authorization in the amount of $6,500.00 is reasonable at this time; and

WHEREAS, the Township’s Certified Municipal Finance Officer has determined that sufficient funds are available in the amount of $6,500.00, as evidenced by Certificate

No.C-160031, copy of which are annexed hereto as Exhibit “A”;

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Monroe, County of Middlesex, and State of New Jersey, that it has rendered its advice and hereby consents to the additional payment of legal fees to Shain, Schaffer & Rafanello, P.C. for the action entitled Township of Monroe v. Black Rock Enterprises, LLC et al in an amount not to exceed $6,500.00.

SO RESOLVED, as aforesaid.

R-4-2017-128REMOVED

R-4-2017-129RESOLUTION AUTHORIZING EMERGENCY 2017 TEMPORARY BUDGET AMENDMENT.

WHEREAS, an emergent condition has arisen with respect to payment of normal operating expenses and no adequate provision has been made in the 2017 temporary appropriations for the aforesaid purpose, and N.J.S.A. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purposes above mentioned; and

WHEREAS, the total emergency temporary Resolutions adopted in Year 2017, pursuant to the provisions of Chapter 96, P.L. 1951 (N.J.S.A. 40A:4-20), including this Resolution, is $17,783,417.00;

NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A:4-20:

1.Emergency temporary appropriations be and the same are hereby made for payment of the following entitled operating expenses:

2017 OPERATING EXPENSES

CURRENT FUND

TEMPORARY

ACCOUNT NAME APPROPRIATION AMOUNT

GENERAL GOVERNMENT:
Mayor
Salaries & Wages	$ 5,000.00
Other Expenses	$ 3,000.00

Council
Salaries & Wages	$ 9,000.00
Other Expenses	$ 4,800.00

Township Clerk
Salaries & Wages	$ 120,000.00
Other Expenses	$ 18,000.00

Elections
Salaries & Wages	$ 4,500.00
Other Expenses	$ 3,000.00

ADMINISTRATION AND FINANCE:

Administration
Salaries & Wages	$ 105,000.00
Other Expenses	$ 20,000.00

Human Resources
Salaries & Wages	$ 25,000.00
Other Expenses	$ 3,000.00

Transportation
Salaries & Wages	$ 125,000.00
Other Expenses	$ 20,000.00

Citizens Review Board
Salaries & Wages	$ 500.00

Insurance
General Liability	$ 240,000.00
Workers Compensation	$ 134,000.00
Group Health	$ 3,000,000.00
Group Health Broker	$ 40,000.00
Health Wavier	$ 40,000.00

Public Advocate
Salaries & Wages	$ 12,000.00
Other Expenses	$ 15,000.00

Recreation
Salaries & Wages	$ 210,000.00
Other Expenses	$ 90,000.00

Human Relations
Salaries & Wages	$ 1,200.00
Other Expenses	$ 500.00

Parks
Salaries & Wages	$ 55,000.00
Other Expenses	$ 20,000.00

Finance
Salaries & Wages	$ 130,000.00
Annual Audit	$ -
Data Processing	$ 20,000.00
Other Expenses	$ 5,000.00

Tax Collector
Salaries & Wages	$ 84,000.00
Tax Sale Cost	$ 2,000.00
Other Expenses	$ 7,000.00

Tax Assessor
Salaries & Wages	$ 115,000.00
Other Expenses	$ 20,000.00

Ambulance Service
Salaries & Wages	$ 130,000.00
Other Expense	$ 15,000.00

Police Department
Salaries & Wages	$ 2,100,000.00
Other Expense	$ 100,000.00

Police Department 911
Salaries & Wages	$ 230,000.00
Other Expenses	$ -

Emergency Management
Salaries & Wages	$ 25,000.00
Other Expense	$ 1,000.00

DEPARTMENT OF ENGINEERING:

Township Engineer
Salaries & Wages	$ 22,000.00
Maintenance of Tax Maps	$ -
Other Expenses	$ -
DEPARTMENT OF PUBLIC WORKS:

Streets and Roads
Salaries & Wages	$ 500,000.00
Other Expenses	$ 60,000.00

Vehicle Maintenance
Salaries & Wages	$ 60,000.00
Other Expenses	$ 120,000.00

Solid Waste
Other Expenses	$ 15,000.00

Landfill
Other Expenses	$ 55,000.00

Buildings & Grounds
Salaries & Wages	$ 125,000.00
Other Expenses	$ 100,000.00

Community Services Act
Other Expenses	$ 200,000.00

DEPARTMENT OF LAW:

Department of Law
Salaries & Wages	$ 10,000.00
Other Expenses	$ 100,000.00

Municipal Prosecutor
Salaries & Wages	$ 17,000.00
Other Expenses	$ 100.00

DEPARTMENT OF HEALTH AND WELFARE:

Division of Health Contract
Other Expenses	$ -

Animal Control
Salaries & Wages	$ 45,000.00
Other Expenses	$ 5,000.00

OTHER TOWNSHIP AGENCIES:

Zoning Board
Salaries & Wages	$ 32,000.00
Other Expenses	$ 4,500.00

Planning Board
Salaries & Wages	$ 2,800.00
Other Expenses	$ 40,000.00

Division of Planning
Salaries & Wages	$ 85,000.00
Other Expenses	$ 10,000.00

Open Space & Farmland Preservation Comm
Salaries & Wages	$ 1,200.00
Other Expenses	$ 200.00

Shade Tree Commission
Salaries & Wages	$ 6,000.00
Other Expenses	$ 1,000.00

Environmental Commission
Salaries & Wages	$ 1,200.00
Other Expenses	$ 1,400.00

Cultural Arts Commission
Salaries & Wages	$ 9,000.00
Other Expenses	$ 10,000.00

Historic Preservation Commission
Salaries & Wages	$ 1,200.00
Other Expenses	$ 3,000.00

Office on Aging
Salaries & Wages	$ 165,000.00
Other Expenses	$ 10,000.00

Division of Environmental Protection
Salaries & Wages	$ 32,000.00
Other Expenses	$ 1,000.00

Recreation Advisory Board
Salaries & Wages	$ 1,200.00
Other Expenses	$ 1,200.00

Construction Official
Salaries & Wages	$ 290,000.00
Other Expenses	$ 11,000.00

UNCLASSIFIED:

Extended Sick Leave Fund
Salaries & Wages	$ 500.00

Celebration of Public Events	$ 2,000.00

Utilities	$ 450,000.00

Central Mailing Equipment	$ 20,000.00

Unemployment Compensation	$ -

Defined Contribution Retirement Plan	$ 5,000.00

Social Security System	$ 415,000.00

Stormwater Management
Salaries & Wages	$ 55,000.00
Other Expenses	$ 20,000.00

Municipal Court
Salaries & Wages	$ 100,000.00
Other Expenses	$ 4,000.00

Recycling Tax
Other Expenses	$ 1,500.00

Public Defender
Salaries & Wages	$ 8,000.00

Shared Services-Recycling
Other Expenses	$ 75,000.00

911( Outside the Cap)
Salaries & Wages	$ 30,000.00
Other Expenses	$ 5,000.00

Shared Services Fire Dist & Boe
Other Expenses

Library
Other Expenses	$ 860,000.00

Ambulance Services
Salaries & Wages	$ 100,000.00
Other Expenses	$ 200,000.00
Clinical Co-Ord Training Salaries & Wages	$ 2,000.00
Clinical Co-Ord Training Other Expenses	$ 5,000.00
2017 Distracted Driving Crackdown – U Drive, U Text, U Pay	$ 5,500.00

SUBTOTAL	$ 11,825,000.00

Water-Sewer Operating
Salaries & Wages	$ 100,000.00
Other Expenses	$ 500,000.00
Social Security	$ 10,000.00

SUBTOTAL	$ 610,000.00

TOTAL BUDGET	$ 12,435,000.00

2.That said emergency temporary appropriations will be provided for in the 2017 Calendar Year Budget; and

3.That one (1) certified copy of this resolution be filed with the Director of the Division of Government Services.

SO RESOLVED as aforesaid.

R-4-2017-130RESOLUTION AUTHORIZING APPOINTMENTS TO THE SUSTAINABLE JERSEY GREEN TEAM ADVISORY COMMITTEE (“GTAC”).

WHEREAS, the Township of Monroe (“Township”), in the County of Middlesex, State of New Jersey has made a commitment to optimize the quality of life for its residents by ensuring that its environmental, economic and social objectives are balanced and mutually supportive; and

WHEREAS, in an attempt to achieve the sustainable goals and in support of Green Initiatives, the Township Council, at a meeting held on July 1, 2013, adopted Resolution No. R-7-2013-175 establishing a Sustainable Jersey Green Team Advisory Committee (“GTAC”) to work towards Sustainable Jersey certification and to advise the Township on means to enhance municipal operations with “Green” initiatives which are economically and environmentally sound through research and evaluation; and

WHEREAS, the terms of the initial appointments to the Green Team Advisory Committee have expired;

NOW, THEREFORE, BE IT RESOLVED, upon the recommendation of the Chairman of the Environmental Commission, the Township Council of the Township of Monroe does hereby approve and authorize the appointments of the following members to the Green Team Advisory Committee, effective January 1, 2017 nunc pro tunc, through December 31, 2017 as hereinbelow set forth:

Miriam Cohen, Council Representative

Joseph Slomian, DPW

Maria Prato, Public Information Officer

Lucille DiPasquale, Shade Tree Commission

Karen Polidoro, Environmental Commission

Renee Haider, Environmental Commission

Karen Toth, Environmental Commission

Christine Sigle, Monroe Township Public Library

Mimir Majmundar, Resident

Ruopak Desai, Resident

Susan Miller, Resident

Bob Franzblau, Resident

SO RESOLVED, as aforesaid.

R-4-2017-131RESOLUTION IN SUPPORT OF THE LEGISLATIVE INITIATIVES FOR FUNDAMENTAL FAIRNESS IN STATE AID SCHOOL FUNDING FOR THE MONROE TOWNSHIP BOARD OF EDUCATION.

WHEREAS, the State Aid provided to each school district should be determined through the School Funding Reform Act of 2008 “SFRA”; and

WHEREAS, Monroe Township School District currently receives less than 100% of the state funding under the SFRA formula; and

WHEREAS, Senator Linda Greenstein, Assembly Wayne DeAngelo and Assemblyman Daniel Benson, in correspondence to the Governor, Speaker and Senate President dated March 22, 2017 voiced their support for fairness of funding to the Township of Monroe Board of Education and seek the following reform:

Eliminate growth limitations and hold harmless provisions in the school funding formula in the current budget cycle to provide additional state aid to the Monroe Township School District;

Reform the school funding formula in the current budget cycle to provide additional state aid to the Monroe Township School District; and

Design and legislate a new funding formula, which will create more equitable state aid school funding for the Monroe Township School District.

WHEREAS, in its continuing fight for fundamental fairness in State Aid School Funding, the Monroe Township Council together with the Monroe Township Board of Education fully supports and endorses the legislative initiatives of Senator Linda Greenstein, Assemblyman Wayne DeAngelo and Assemblyman Daniel Benson; and

WHEREAS, the Monroe Township Council is in full support of the “Petition for Fundamental Fairness in State Aid School Funding” to be circulated by the Monroe Township Board of Education;

NOW THEREFORE BE IT RESOLVED, the Monroe Township Council authorizes and directs the Mayor and Business Administrator to take all necessary steps to support the reform for fair funding and bringing relief to the residents of the Township of Monroe.

SO RESOLVED, as aforesaid.

UPON MOTION made by Council Vice-President Schneider and seconded by Councilwoman Cohen, the following Resolutions were moved for Adoption under the CONSENT AGENDA.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

UPON MOTION made by Council Vice-President Schneider and seconded by Councilman

Leibowitz, R-4-2017-122 RESOLUTION APPROVING THE SETTLEMENT OF

LITIGATION BETWEEN CHARLES DIPIERRO AND THE TOWNSHIP OF MONROE

was adopted.

Councilman Dipierro recused himself from the meeting and voting on this resolution.

R-4-2017-122RESOLUTION AUTHORIZING SHAIN, SCHAFFER & RAFANELLO, P.C. TO HANDLE THE MATTER OF TOWNSHIP OF MONROE v. LOVE’S TREE REMOVAL, INC., ET AL., AS EXTRAORDINARY LITIGATION.

WHEREAS, the Mayor of the Township of Monroe has requested that Shain, Schaffer & Rafanello, P.C., pursue the Township’s claims against Love’s Tree Removal, Inc., and various other persons and companies in Monroe Township, identified on Exhibit “A” hereto, who are using real property as mulch processing facilities, and other related uses, which are in violation of Township ordinances, as extraordinary litigation; and

WHEREAS, Shain, Schaffer & Rafanello, P.C., possesses the expertise necessary to handle this litigation for the Township; and

WHEREAS, this case is extraordinary in complexity and scope; and

WHEREAS, acknowledgment of the status of “extraordinary litigation” requires the advice and consent of the Township Council; and

WHEREAS, the Mayor of the Township of Monroe has requested that Shain, Schaffer & Rafanello, P.C., handle the matter of Township of Monroe v. Love’s Tree Removal, Inc., et al., as extraordinary litigation, nunc pro tunc; and

WHEREAS, Shain, Schaffer & Rafanello, P.C., will render legal services at a cost not to exceed $45,000.00, with respect to the matter of Township of Monroe v. Love’s Tree Removal, Inc., et al., pending further authorization from the Township Council; and

WHEREAS, the Certified Municipal Finance Officer has determined that sufficient funds are available in the Township budget in the amount of $45,000.00, to handle this matter as extraordinary litigation as evidenced by the Treasurer’s Certification No. C-1700024, a copy of which is annexed hereto as Exhibit “B;”

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Monroe, County of Middlesex, State of New Jersey, that it has rendered its advice and hereby consents to Shain, Schaffer & Rafanello, P.C., handling the matter of Township of Monroe v. Love’s Tree Removal, Inc., et al., as extraordinary litigation, for which legal services may be provided in an amount up to $45,000.00, pending further authorization from the Council.

SO RESOLVED, as aforesaid nunc pro tunc.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAbstain

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

REPORTS:

Mayor’s Report – Mayor Tamburro reported that he is missing his old buddy Wayne Hamilton but happy to have Alan Weinberg coming to us from Governor Sweeney’s office.

He noted that our next Regular Meeting on May 1st will be our budget hearing. He read the following message into the record:

In fulfillment of the requirements of the Faulkner Act, I am submitting the 2017 Municipal Budget recommendations. I would like to thank the Business Administrator, his staff and all Department Heads for their efforts in formulating the annual budget.

For the eighth consecutive year, Municipal and School State Aid is continuing at a reduced level from the State of New Jersey. New Jersey Homestead Rebates are also continuing at a significantly reduced level.

Our tax collection rate was a superior 98.89% in 2016. We are achieving our goal of reducing our reliance on Utility Surplus Revenue by anticipating $1,000,000 less than used in 2016. For the eighth consecutive year, we were at or below the 2% tax levy cap.

The proposed Municipal Budget totals $56,150,367.66. As a result, the municipal tax rate is $.457 per $100 assessed value. There will be no increase in the municipal tax rate in 2017 due to good budget planning. For a home with the average assessed value of $312,219., the annual municipal purposes taxes will total $1,428.03 (not including School, County, Fire Districts or Library taxes).

For the 26th consecutive year, there will be no increase in non-irrigation residential water & sewer rates, which remain among the lowest in Central New Jersey.

The 2017 Municipal Tax, which is the only portion of property taxes that are under the direct control of the Mayor & Council, is estimated at 20% of your total property taxes. The Board of Education makes up the largest portion of property taxes at 56%; the County at 18%; and the Fire Districts at 6%.

The largest 2017 capital improvement funding request is a request for $2.5 million for the Township to purchase privately-owned land for the proposed construction of a new public school building. The Board of Education has identified a property that meets their needs. The Board of Education is fearful of this property slipping out of their hands (if they have to wait and go to a referendum); so the Township is proposing we fund and purchase the land and sell it to the Board of Education for $1 this summer.

Other noteworthy capital improvement projects include a Monmouth Road pedestrian improvement project, continuing design work for a new Police/EMS building and our annual paving program.

Projects funded last year that will be underway in 2017 include: traffic signals at Perrineville and Federal and Matchaponix and Spotswood Gravel Hill Road, soccer complex improvements at Prospect Plains Road and the Library parking lot lighting improvements.

Monroe Township remains one of the premier residential communities in Central New Jersey with a beautiful and green landscape. We are very proud of our quality municipal services and schools. We are consistently recognized as one of the safest towns in New Jersey. Furthermore, Monroe Township remains only one of two communities in Middlesex County with a population density of less than 1,000 people per square mile. With continuing open space acquisitions to expand our existing 6,600 acres of open space and over 1,300 acres of farmland preservation, Monroe Township continues to work toward its goal of 50% undeveloped land in our community.

Our positive record of achievement is primarily due to a continued effort of everyone working together in a united way for the betterment of our Township – residents, employees and volunteers who serve on our boards & agencies and provide dedicated service to all of our residents.

Administrator’s Report – Business Administrator Weinberg thanked the Mayor and Council

for giving him the opportunity to be the Township Business Administrator. He shared that

he has worked on a municipal, state and federal level and look forward to helping Monroe

Township grow and prosper.

Engineer’s Report – Township Engineer Rasimowicz reported that the County was supposed to

start the Perrineville and Union Valley Road intersection improvements this week but may be

delayed because of the weather; the Perrineville and Federal Road intersection has construction

underway with it expected to be completed in May.

COUNCIL REPORTS:

Councilwoman Cohen – Councilwoman Cohen reported that she is excited to be a member of the Green Team. Part of this is sustainable New Jersey and Monroe Township currently has bronze level status.

She also reported on the Paint the Town Pink Day, which is for women’s health. There will be programs available throughout the community to bring awareness.

Council Vice-President Schneider – Council Vice-President Schneider attended the Indian Community’s Festival held at the Dey Farm. There were over 200 people in attendance with music and dancing, as well as, a fire held on the ground which was to help ward off any evil spirits.

She reported that she has been placed on the School Ad-Hoc Committee. She explained that our hands as Council are tied and we need the public’s voices to come out and voice their concern and support. There will be a petition circulating which she urged all to support as it is costing our community $5,000,000 because the State is not paying their fair share.

Lastly, she reported that Cub Scouts Troop 3 are visiting because they are working on obtaining their government badge.

Councilman Dipierro –

Attended the dedication of the Joe Harvie Bike Route on Sunday, March 25th. Joe’s family was there and DPW installed 31 signs that day along the route, the starting pointing being Forsgate/Half Acre Rd. He added that Joe left a permanent mark on all of us and now there is a permanent mark of him in the Township.

The Police Unity Tour Fundraiser is coming up on April 29th at the Crowne Plaza; it is $60 per person to attend with all proceeds going to support the Police Unity Tour Riders.

Councilman Leibowitz –

Has the petition for the school funding if anyone would like to sign it.
He reported that representatives of the Friends of the Senior Center raised money and donated a bus to the Township to be used within the community by people who are disabled needing to get to places. We now have 20 buses total.

Council President Dalina –

Makersfest was held last weekend. Great turnout.
The Community Center will be holding an egg hunt and bonnet contest at noon on Saturday, April 8th.
Little League Opening Day will be on April 22nd.

On May 12th, the library will be holding an antique appraisals event at 6:00pm for those interested in attending.

Public:

Steven Ryback, 23 Riviera Dr. – Mr. Ryback thanked the Mayor and Council for their support

on R-4-2017-131. He encouraged the public to support and sign the petition.

Prakash Parab, 33 Dayna Dr. - Thanked the Mayor and Council for helping with the fair funding

for our schools. He invited all to join the march to Trenton on April 24th. He mentioned that a bill

had passed in Trenton for $62,000,000 for affordable housing and feels that the money should be

given to the schools instead of building more affordable housing, as new homes bring more

children to our schools.

Hy Grossman, 15 Doral Dr. - Wished luck to the Alan in his role as Business Administrator.

Marty Herrmann, 17 Sanibel Ct. - Thanked the Mayor and Council for listening and putting the

dollar amounts on the agenda.

Mr. Herrmann discussed that at the last council meeting he requested that R-4-2017-128 be

removed from the agenda. Councilman Dipierro recused himself from the meeting while this

resolution was being discussed. Mr. Herrmann discussed his opposition to this resolution and his

assumption as to why it was removed from the agenda. He noted that he is tired of the lack of

transparency and the lack of fiscal responsibility; Business Administrator Weinberg explained that

the new property in question is to purchase for intersection improvement. There was an offer to

purchase the property which was turned down and we need to acquire the Right of Way to move

forward with the intersection improvement. Township Engineer Rasimowicz explained that the

traffic signal is a necessity; seven or eight properties will be affected. Mr. Herrmann asked if we

were purchasing the rest of the property; Township Engineer Rasimowicz answered that we are

purchasing the Right of Way; an offer was made but it was not accepted. Business Administrator

Weinberg clarified.

Andy Paluri, 16 St. James St. - Mr. Paluri stated that the intersection of Matchaponix and

Spotswood-Gravel Hill Road is very dangerous and anyone who thinks this is politically motivated

is crazy as there have been many crashes there. Mr. Paluri asked what the status was; Township

Engineer Rasimowicz answered that the Interlocal Agreement with the County is under review

now and before Council for action.

Mr. Paluri clarified the powdery substance that was used at the Indian Community’s Festival

Council Vice-President Schneider referred to.

Mr. Paluri stated that the Governor has released another $400,000,000 for NJ DOT projects

and asked what the Township’s share was; Township Engineer Rasimowicz answered that

we did submit for our NJ DOT projects grants. We have received ADA money for the Dey

Farm and Daniel Ryan Field.

He reminded everyone that on April 24th and May 2nd they will be marching to Trenton to

fight for more funding for our schools.

Tom Nothstein, 15 Nathaniel St. – Mr. Nothstein said that the argument is not about having a

safe intersection in regard to R-4-2017-128, the argument is about how much money is being paid

for the property. He asked what the purchase price is; Council President Dalina answered that there

is no price right now, this is a process that started back in 2003/2005 and we have seen the process

for traffic lights and how long it takes and the legal ramifications.

Mr. Nothstein commented that we all want fair funding for our schools and he is sick and tired of

nothing happening except at election time. He feels the Council and Board of Education are being

sucked in for political reasons.

Mr. Nothstein asked why Councilman Dipierro recused himself for the Love’s Tree Removal

litigation; Township Attorney Joel Shain answered that the Superior Court Judge signed an order

that a major principal of Brothers Investments, which is also named in the lawsuit, is Charles

Dipierro which is a cousin of Blaise Dipierro. As of April 7th, this will be available for public

viewing in the Clerk’s Office tomorrow.

Peter Tufano, 10 Catherine St. - Mr. Tufano commented that the petition is a great thing. Says

it is great that we are purchasing land for school however if we stopped building then we would

not need additional schools.

Michele Arminio, 9 Nathaniel St. – Mrs. Arminio asked if the intention was to use Open Space

funds for the purchase of Block 75, Lot 11; Administrator Weinberg answered that the Right of

Way was to be purchased with Township funds. Mrs. Arminio added that she feels that using Open

Space funds to purchase that property is not a fiscally responsible purchase.

UPON MOTION made by Council Vice-President Schneider and seconded by Councilman Leibowitz, the Regular Meeting was Adjourned at 8:45pm.

ROLL CALL:Councilwoman Miriam CohenAye

Councilman Blaise DipierroAye

Councilman Michael LeibowitzAye

Council Vice-President Elizabeth SchneiderAye

Council President Stephen DalinaAye

Patricia Reid

PATRICIA REID, Township Clerk

Stephen Dalina

STEPHEN DALINA, Council President

Minutes were adopted on: May 1, 2017.